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MMD2012-00008 MMD2O12 00008 ORCHARD SUPPLY II AFFIDAVIT OF MAILING T I GARD I, Christine Wiley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: ((heck Appmpnate Box(s) Below) © NOTICE OF TYPE 1 DECISION FOR: MMD 2012 - 00008, Orchard Supply Hardware (File No. /Name Reference) 0 AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on Exhibit "A" and by reference made a part hereof, on August 16. 2012, and deposited in the United States Mail on August 16. 2012, postage prepaid. CA (Person that Pr;:. red Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ('lc' day of At-taus( , 2012. OFFICIAL SEAL SHIRLEY LTR�EpA�T NOTARY PUBLIC -OREGON q . ; COMMISSION NO. 459846 MY COMMISSION EXPIRES ,JULY O6, 201'S �� \J ' 'c NOTARY PUBL OF OREGON My Commission Expires: "7/10/ l NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2012 -00008 ORCHARD SUPPLY HARDWARE T I G A R D 120 DAYS = 11 -13 -2012 SECTION I. APPLICATION SUMMARY FILE NAME: Orchard Supply Hardware CASE NO.: Minor Modification (MMD) MMD2012 -00008 PROPOSAL: Oppidan Development is seeking a minor modification of an existing development and retail sales use (Ultimate Electronics) for retail hardware and accessory nursery sales. The proposed modifications include a 5,000 square foot addition to the existing 40,000 square foot building for use as an open air nursery and modifications to the parking lot and landscaping. APPLICANT/ Oppidan Krausz Puente LLC OWNER cfo Matt Reid 44 Montgomery Street, Suite 3300 6450 Via Del Oro San Francisco, CA 94104 San Jose, CA 95119 LOCATION: 10031 SW Cascade; WCTM 1S127DD, Tax Lot 01200. COMPREHENSIVE PLAN AND ZONING DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed -use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: The applicable Community Development Code Chapters for the proposed modifications include: 18.360, 18.390, 18.520, 18.630, 18.705, 18.745, 18.755, 18.760, 18.765, 18.780, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MM D2012 -00008 Orchard Supply Hardware Page 1 of 10 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND /OR FILL ACTIVITIES: Submit to the Community Development Department (Gary Pagenstecher, 639 -4171, ext. 2434) for review and approval: 1. Prior to site work, the applicant shall submit a revised landscape plan for review and approval including street trees along the Cascade and Scholls frontages. Street trees may be planted within 6 feet of the right of way. If there are overhead powerlines, trees labeled on the City of Tigard Street Tree List for "use under powerlines" shall be selected unless otherwise approved. 2. Prior to site work, the applicant shall submit a revised landscape plan for review and approval which replaces the proposed vine maple parking lot trees with a species that is broad spreading (40 ft. min. canopy spread at maturity) to shade the parking area. 3. Prior to site work, the applicant shall submit a revised landscape plan showing a minimum five -foot setback planted to L1 standards along SW Scholls Ferry Rd, in addition to SW Cascade Avenue, and ensure 90% opacity within one (1) year. 4. Prior to site work, the applicant shall submit a revised site plan showing a minimum 6 -foot wide walkway connecting the building with the public street. 5. Prior to site work, the applicant shall submit a revised site plan showing visual clearance areas at the entrances to the site per TDC Figure 18.795.1. Submit to the Community Development Department (Mike White, 639 -4171, ext. 2464) for review and approval: 6. Public Facility Improvement (PFI) permit is required for this project to cover the water quality facility and any work in the public right -of -way. The water quality facility shall be as described in the applicant's engineer report, dated June 28, 2012. Detailed public improvement plans shall be submitted for review. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City web page (www.tigard - or.gov). 7. An erosion control plan and 1200 CN Permit shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall comply with CWS R &O 07 -20. 8. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Community Development Department (Mike White, 639 -4171, ext. 2464) for review and approval: MMD2012 -00008 Orchard Supply Hardware Page 2 of 10 9. Prior to the issuance of building permits, the applicant shall pay a fee —in —lieu of construction of a storm water detention facility. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Community Development Department (Gary Pagenstecher, 639 -4171, ext. 2434) for review and approval: 10. Prior to final building inspection, the applicant shall call for a planning site inspection to ensure the project has been constructed consistent with this Minor Modification approval, MMD2012- 00008. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and Site History: The site is roughly 3.64 acres in size and is occupied by an existing 40,000 square foot building built originally by Levitz Furniture prior to implementation in 2002 of the Washington Square Regional standards. The building and site are non - conforming. Ultimate Electronics modified the building and site under MMD2010- 00011. Vicinity Information: The site is zoned MUC and is located off Scholls Ferry Road within the Washington Square Regional Center. The site is bounded by the railroad on the west, Cascade Avenue on the north and east, and a similarly developed site to the south occupied by a Toy -R -Us store. Description of the Request: Oppidan Development is seeking a minor modification of an existing development and retail sales use (Ultimate Electronics) for retail hardware and accessory nursery sales. The proposed modifications include a 5,000 square foot addition to the existing 40,000 square foot building for use as an open air nursery and modifications to the parking lot and landscaping. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Site Development Review — Chapter 18.360.020.0 Minor Modification of Approved or Existing Conditional Use: Any modification which is not within the description of a major modification as provided in Subsection B shall be considered a minor modification. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3. Section 18.330.020.C.3 states that a minor modification shall be approved, approved with conditions or denied following the Director's review on findings that: The proposed development is in compliance with all applicable requirements of this title; and FINDING: As described in the applicant's narrative and plan set, and as provided in the findings for the applicable standards below, staff finds that all applicable requirements of this title are satisfied subject to conditions of approval with this decision. The modification is not a major modification. FINDING: Staff finds that based on the applicant's narrative and plan set, the threshold MMD2012 -00008 Orchard Supply Hardware Page 3 of 10 changes to determine a major modification, listed in 1'DC 18.360.050.B(1 -11), have not been exceeded or do not apply. Commercial Zoning Districts (18.520) The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed -use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. The proposed modification of the existing building and the subject site to accommodate the Orchard Supply Hardware retail sales outlet is a permitted use in the Mixed Use Commercial zoning district. In addition, limited outdoor or partially enclosed sales areas are allowed when clearly incidental and accessory to retail uses selling hardware and home improvement supplies. Pursuant to TDC18.130.060.N.4.d, the proposed 5,000 square foot nursery addition would be permitted as an accessory use. Commercial Development Standards, Table 18.520.2 The existing building, built prior to the Washington Square Regional Center standards, does not conform with the current setbacks standards (0 -10 feet). However, the proposed addition, located between the existing building and street, reduces the setback from 115 feet to 80 feet in greater conformance with the standard. The proposed site coverage is 77% (85% allowed); landscape area proposed is 23% (15% minimum required); the building height at top of entry gable is 33' -5" (200' maximum). FINDING: The proposed use and development modifications reduce the nonconforming aspects of the development or otherwise meet the applicable commercial development standards. Washington Square Regional Standards (18.630) Pursuant to TDC 18.630.020.B, existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject the provisions of Section 18.630.030 (up to 20% expansion with substantial compliance with code; expansion >20% must be in compliance with the code). The existing development is non - conforming development as it pre -dated the Washington Square Regional Standards. The proposed 5,000 square foot addition (12.5 %) is less than 20% expansion. Therefore, the modifications must be in substantial compliance with the code. 18.630.050 Site Design Standards A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. As shown in the Site Plan (Sheet A1.1), a 5 -foot wide walkway connection is proposed. A six foot wide walkway is required. This standard is not met. 18.630.060 Building Design Standards Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off -set of at least 1 foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system (sic). No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. MMD2012 -00008 Orchard Supply Hardware Page 4 of 10 As shown in the proposed Exterior Elevations (Sheet A4.1), the proposed nursery addition is composed of a nine column colonnade with 12 foot spacing, infilled with glazing and grillwork. This standard is met. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard - surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. As shown in the proposed Exterior Elevations (Sheet A4.1), weather protection is provided at both public entrances to the building. This standard is met. 18.630.090 Landscaping and Screening Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in other sub - sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. L -1 for general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L -1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 3 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. L -2 for general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The subject site is bounded by SW Cascade Avenue, a collector, and SW Scholls Ferry Rd, an arterial. As shown on the Planting Plan (Sheet L1.0), the L -1 standards have been applied along SW Cascade Avenue. However, only a 3 -foot setback has been applied along SW Scholls. In addition, the applicant's narrative states that the perimeter landscaping is capable of achieving the 3' height and 90% opaque screening within 2 years," which is in conflict with the plan note (Sheet A1.1) and standard of one (1) year. Therefore, this standard has not been met. FINDING: As shown in the analysis above, not all of the applicable Washington Square Regional standards have been met. With the following conditions of approval these standards can be met. CONDITIONS: • The applicant shall submit a revised site plan showing a minimum 6 -foot wide walkway connecting the building with the public street. • The applicant shall submit a revised landscape plan showing a minimum five- foot setback planted to L1 standards along SW Scholls Ferry Rd, in addition to SW Cascade Avenue, and ensure 90% opacity within one (1) year. Access, Egress, and Circulation (18.705) The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases MMD2012 -00008 Orchard Supply Hardware Page 5 of 10 the on -site parking or loading requirements or which changes the access requirements. All vehicular access and egress as required in Sections 18.705.030.H and 18.705.030.I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. FINDING: The applicant proposes to maintain the existing access improvements, which include two 30 -foot accesses improved with 24 feet of pavement, consistent with the provisions in Table 18.705.3 for parking lots with greater than 100 spaces. Walkway width requirements are superseded by the Washington Square Regional Center standards where 5 feet was proposed and 6 feet is required pursuant to 18.630.050.4. The walkway width requirement has been conditioned above. Otherwise, the applicable access and egress standards have been met. Landscaping and Screening (18.745) All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. As shown on the Planting Plan (Sheet L1.0), no street trees are proposed. Therefore, this requirement has not been met. Street trees are required along the Cascade Avenue and Scholls Ferry Rd frontages. Street trees may be planted within 6 feet of the right of way. If there are overhead powerlines, trees labeled on the City of Tigard Street Tree List for "use under powerlines" shall be selected unless otherwise approved. 18.745.050, Buffering and Screening It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 18.745.050.E, Screening: special provisions Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off - street parking areas from the public right -of -way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As shown on the Planting Plan (Sheet L1.0), 5 -foot landscaped setbacks to L1 standards are proposed to effectively screen the parking areas from view. In addition, 24 parking lot trees are proposed at a ratio of 1 tree /7 parking spaces. However, it is unclear which trees in the plan are allocated toward the minimum proposed. It appears the applicant is proposing vine maples to meet the parking lot tree requirements. Parking lot trees shall be broad spreading (40 ft. min. canopy spread at maturity) to shade the parking area. This standard has not been met. FINDING: As shown in the analysis above, not all of the applicable landscaping and screening standards have been met. With the following conditions of approval these standards can be met. MMD2012 -00008 Orchard Supply Hardware Page 6 of 10 CONDITIONS: • Prior to site work, the applicant shall s r wised landscape plan for review submit a e p p and approval with street trees along the Cascade and Scholls frontages. Street trees may be planted within 6 feet of the right of way. If there are overhead power lines, trees labeled on the City of Tigard Street Tree List for "use under power lines" shall be selected unless otherwise approved. • Prior to site work, the applicant shall submit a revised landscape plan for review and approval with vine maple parking lot trees substituted with a species that is broad spreading (40 ft. min. canopy spread at maturity) to shade the parking area. Mixed Solid Waste and Recyclables Storage (18.755) Chapter 18.755 requires that new construction incorporate functional and adequate space for on -site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick -up and removal by haulers. FINDING: The applicant's site plan (Sheet A1.1) shows an existing trash compactor and enclosure that are proposed to remain. The plans show a new 8 -foot screen CMU wall. The applicant's narrative states that the proposed existing facilities have been reviewed and approved by the Waste Management route manager. The mixed solid waste and recyclable storage criteria are met. Off - Street Parking And Loading (18.765) At the time of the erection of a new structure within any zoning district, off - street vehicle parking will be provided in accordance with Section 18.765.070. Disabled- Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Uniform Building Code (UBC), six (6) ADA handicap spaces are required under the proposed plan where 149 non -ADA spaces are provided. The Site Plan (Sheet A1.1) shows six ADA handicap spaces located at the east entry to the building. Compliance with the UBC requirements for ADA parking spaces will reviewed and approved on building plan review. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. As shown in the Planting Plan (Sheet L1.0) wheel stops are provided for the six ADA spaces. For all other spaces the front three feet include low lying landscape material (emerald carpet bearberry). This standard is met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. Pursuant to Table 18.765.2, twelve (12) bicycle parking for sales- oriented general retail are required (40,000 square feet x 0.3/1,000 square feet). The applicant's Site Plan (Sheet A1.1) shows 12 spaces provided within 50 feet of the main north entrance of the building. This standard is met. Minimum and Maximum Off - Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. MMD2012 -00008 Orchard Supply Hardware Page 7 of 10 Pursuant to Table 18.765.2, a minimum of 148 parking spaces are required for the proposed sales - oriented general retail use (40,000 square feet x 3.7/1,000 square feet). 155 spaces are proposed consisting of 113 standard, 36 compact, and 6 accessible spaces. Therefore, the off - street parking requirement is met. FINDING: Based on the applicant's narrative, plans set, and the analysis above, the off - street parking and loading standards are met. Signs (18.780) Permits Required: No sign or sign structure shall hereafter be erected, re- erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. FINDING: The applicant's plan set includes the location of a monument sign at the north entrance to the property and wall signs. Note No. 21 states: "Proposed monument signage, separate permit is required and to be obtained prior to installation. Submit to landlord for approval prior to permitting." The applicant has not proposed signage as part of this minor modification review and acknowledges the requirement for a separate permit. Signs must meet the requirements of Chapter 18.780.130.0 and Chapter 18.630.070 for sign area, height and location within the Washington Square Regional Center. Visual Clearance (18.795) Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. At all intersections of a non - arterial street and a driveway where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right -of -way or property lines along such lots and a straight line joining the right -of -way or property line at points which are 30 feet distance from the intersection of the right -of -way line and measured along such lines. FINDING: Visual clearance lines arc not shown on the subject plans, but are referenced in the applicant's narrative. A revised site plan must show clearance triangles to ensure obstructions are avoided. CONDITION: Prior to site work, the applicant shall submit a revised site plan showing visual clearance areas at the entrances to the site per TDC Figure 18.795.1. Street and Utility Improvements Standards (18.810): Public Water System: The site is currently served and no additional service is proposed. Storm Water Detention: The Fanno Creek Watershed Management Plan, Section V, includes a recommendation that local governments institute a storm water detention and effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Construction of a facility is not feasible. Payment of the fee —in —lieu of construction of a water detention facility will be required. MMD2012 -00008 Orchard Supply Hardware Page 8 of 10 Storm Water Quality: Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07 -20) require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year Prior to issuance of building permits, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. The developer will be required to obtain an erosion permit from the City as well as a 1200 CN prior to construction. This permit will be issued along with the site and /or building permit. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 16, 2012 AND BECOMES EFFECTIVE ON AUGUST 17, 2012. MMD2012 -00008 Orchard Supply Hardware Page 9 of 10 Questions: If you have any questions, please contact Gary Pagenstecher at (503)718 -2434, garyp@n,tigard- or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. Attachments: Vicinity Map Site Plan August 16, 2012 APPROVED BY: a P enstecher, Associate Planner DATE MMD2012 -00008 Orchard Supply Hardware Page 10 of 10 CAWION: It !HIS SHLL I IS NW JO xhZ II IS A KLUUCt 0 PHIN I / 7 SITE PLAN NOTES g Ca a , / LD tttatt,ttt Row. (0•01. ••••• i g / 'Y 0] C. gl -.. • Eij mato o.yof SI.. MR OTY 5.3.S , 00' #4 110 j Off.. P.I4 , Ni j 2 SW SI. Vatr,:gVV:„.";Tag::tann algrItrtrZtt" 1 ....-- a c „,,C.; (‘ N. a,,,,, M .11. ilM1 RIO 0.01MOU T010 OUT II , yo Z .'.....--°. f , , ,.,. .,,,,„.„,..„,. ■ ,...,, IIII I '-I 7,. ■;j g b p -.„...._ ' 4%; XilifV c: .: V --.,....,, 1 . t -c3 4 "'s, „-' WRIT:. fff 110olod .o.R.s T. ...a fly PantC1Of Z f ' ' MEM - -. --- B 411kftp40,' -..,_ — . • •.. .0.. ..... . ..... 0 ra ..... i WC SO7 S51 . 4. ,....., • NU [ctifOri,V;Airgro:V Hinyz 1 i . . r47,7,44rL sw:L . ouicaLuctharhan I l j N. l's MI 511.401.5 (Off .21 VI ../. ..........,„. i In i rtto xgrg zrzz. 4 \ : x I 7 PROJECT DATA , 8 En „ , ‘.... 3e. Ac inc. s; 0 I _ „ '-- 1 TOM 91E WA e" t r OVVIOSI. W.. 0001.11 .11. TO. oa nom, MOW 9 WS 9 VI V \ Isof woo. mr. mon s■ z., C . \ , re0Yffi:oft7Oc7:O:1 rflOof fooSCAff.A '''"74 V g < /----' Tr, f'. - P SY : ,, • ra.Ittirg .'="ttVaa ra tt,tta. tots ,tt, t.t., .g ce I . . „..... I .... .'. ' ■■■=rl 41:1` "."' OM{ '-.) > CK — 7 ." ...- • ' \ , [El \ .....c V Et u. I Fr ''"artrATrar ,.. .. .r./- . SITE LEGEND Irg ' cod I II - IA •, , ..., MY a olt °Cal, moor. foff f oil — r M C il I '' 0 ,”„,,,,, ,...,,,,,,, ,..° • I • • — . — I a Lit V/22/4 — Ell ORCHARD SUPPLY HARDWARE t I., tzi • g Oloom. onlOo0 51. fOR 24: ... • • i D w I EXISTING BUILDING " II ill b I V 0) • (1) YOrfofflo Of.. S... 25 Y. (5, 1Y-5 I stow. P.... s.■ rat ...kr 05 • I < SIM. OXIONE sTmt ■r• n ou (r..1....1 ; r.- r.- — 40,000 SF , I ! I !, I _o 1 (7, I l.:-.!_l'll. •:r• 7.:i fM. t / — 1 ° 0) Cf.. row. SI.. 2, .f cr-cr • It.1 1.,, Ciflm. If.. 5.. Pr Mal V', .14 I .. I i 1 I I MY cr 4 .... _ ___, • .sh. tow lora. I i 13 ,“ i 1 4 z " ! . M L ' III [71 III. 0.0.4( P. I =Ia. .rt.wa: ,mg-ra nArs" I 1 I I • LTI tat,. a ,attta.t. ttatt. smrs MO CRC 1.1 01.0 h i 3 il _ 1 I 1-15 I SI 7S 3 .,,r,0, y fg , 0. X .1E0 • 4 I 101-130 5 ? .f. O 0 ... I 151-300 a f ',., ! 001-300 1 I II , 6 ' .: N.. .00-01111 00 ft 41.0 V SMLI - == r CZ LAN ..... .... A1.1 v 103. aye ItO1torlOr ' "' i 1 - SITE P t -iataistata... . \ ,,,i Elezaaesi ® \. Area Notified (500 Ft) /Mt —_ •, Orchard Supply Hardwar ; Tax Lot 1S127DD01200 L_. _ 11 .. i •. MMD 2012-00008 Bea.V.erton cc w 0 v.° \,‘, w Q t LU M lib: ' t 1 ir„„ I .. O Ism' nib MN •11' /11�ilira1• IIIII? V Subject Site • �♦ / , � II r 111i ' ♦ I i i ? \1/4 el • A crescent L • • ♦�•�•�♦� •�•. •. Grov \�:1►�II_ \►�f.'f+�� + Property owner information is valid �� : Cemetery ,1�111� printed on this map. _,-- MK et : ta ��,� p � #. , ,♦•• 7.111 i j •Ti 7:7 \�c\��ii for 3 months from the date • I•I�IIISBAI� e �� d nh `__, -! ' Map Punted: 16- Aug -12 o creek J\ *1 �� 217 . . . ` Ablillici only an U ld be map is tot the Development locaton on only antl should De verified with the Development 71". % ' Services Division IS DERIVED FR OM MULTIPLE SOURCESTHE CITY OF TGARD HE ' , •... MAKES NOT WARRAN RERESENTATION. OR GUARANTEEATO T 0 A■ ■ I NTE Y, NSS R OMPS F E T DATA PROVIDED H EREIN THE CITY OF TIGARD SHALLASSUME NO ' ■ UBASI LITV FORANV ER VI E, RE S IF HOW CAUIES IN THE ■ ORMATION PROVIDED REGARDLESS OF HOW CAUSED • a ' ` COMMUNITY DEVELOPMENT DEPARTMENT iii "' iii os. .Ill -� 217 A Place to Call Home" r \ City of Tigard e TI. Mqr 131 Tigard, OR 97223 id ■ 70 I I 503 639 -4171 I t c, \i u IM -.'' ._. _ _ ' \ ww wtigard- orgov APPLI A TION i• Ni City of Tigard c Minor Modification — Type I Application TIGARD J 1' pp 3: ::•• o...l' "wXl.1 °.G \.A�i.' T•' M.. sYfl e., .c „v.a,�:r arcs_ t..�,: >” GENERAL INFORMATION Inl addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address/Location(s): Title 18 of the Tigard Development Code. To complete __ ' 3V this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): discussion indicating how the site expansion /change will ( 1 bt' TI— ' t 200 continue to comply with the maximum setback, building Site Size: . (74 Ac...../ 16 (y 1 � . j' 5F- height, parking, and landscaping standards. Other w f requirements of this title such as clear vision, solid waste Applicant*: a tr INA storage, non - conforming situations, signs, and tree Address fj VAS,,. 't -i_ cize, removal may also be applicable depending on the type and Ci /State: ty ,1 Zip: es In location of the proposed modifications. Primary Contact: o #z... -(LP Phone41 • Z ,J. 7 4 : E -Mail: HATT Z• ( 4 1 t344,1 . C-- _ Property Owner /Deed Holder(s) *: t �, � REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) I i ti / q 14 1�0i 4. -...2_, PU ail E ��.�. , (i Mai f.- ic.�.r� C dr+. r• (Applications will not be accepted without the following required submittal elements) Address: tit{ tick mrh p iP y g-- ' i i ct Phone: 1 City /State: c,a, r►e wi i s -r r CGa Zip: cpiioy . D Application Form J} Owner's Signature /Written Authorization * When the owner and the applicant are different people, the 0 Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ® Site Plan (4 Large Plans & One - Reduced to 81/2" x 11 ") possession with-written authorization from the owner or an Applicant's Statement/Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a ❑ Filing Fee $605.00 I written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion FOR STAFF USE ON Y or change does not invoke one or more of the criteria T �/A� / ` � G discussed within Section 18.360.050(B) - Site Development Case No. (s) : ! v( D Review or Section 18.330.020(B)(2) - Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Receipt No.: new Site Development Review or Conditional Use Permit. Date: s -4' /Z Applicant's Statement Application Accepted By: G( The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revised:7 /1 /it 18.330.020(B) (2) must be addressed with a detailed response \ •l' \°"SUrs \land use a. •Lcations \minor modification a• • do. to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay . • review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I . 503- 718 - 2421 I www.tigard- or.gov 1 Page 1 of2 t I i " To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject . ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval • All of the above statements and the statements in the site plan, attachments, and exhibits; transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based an this application, and may be revoked if it is found that any such statements are false. .2 �. .. • The applicant has read the entire contents of the app n licatio , . indnrlin $the policies : 'and . aateria, ` understands nderstands the requirements for approving or denying the application. .• SIGNATURES of each owner of the subject property. . ee . *'t e11 t oa DATED this day of Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW. Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 1 www.tigard- or.gov I Page 2 of2 Owner's signature to Minor Modification- Type 1 Application: KRAUSZ PUENTE LLC a California limited liability company By: Krausz Capistrano Partners, a California general partnership its Member By: Krausz Development Partners, a California general partnership General Partner By: Krausz Management One, LLC a Delaware limited liability company Managing Partner B i F. Ron ... z, Man Member By: Krausz Enterprises a California General Partnership General Partner By: / F. Ron ausz, a G- - ra 'artner I II CITY OF TIGARD RECEIPT 1 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 186775 - 05/16/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2012 -00008 Minor Modification to an Approved Plan 100- 0000 -43116 $527.00 MMD2012 -00008 Minor Modification to an Approved Plan - 100- 0000 -43117 $78.00 LRP Total: $605.00 I PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 69521 CCAINES 05/16/2012 $605.00 Payor: Total Payments: $605.00 Balance Due: $0.00 Page 1 of 1 ' PLICATI{DN COMIFLETENESS REVIEW n 5 H LAND USE APPLICATION Project: J9 //) Lo /-2. _00 COMPLETENESS REVIEW y COMPLETE INCOMPLETE 7 -[(s �l2 r -k -/ STANDARD INFORMATION: X ik Deed /Title /Proof of Ownership ❑ /'r Neighborhood Mtg. Affidavits, Minutes, List of Attendees ❑ r' » Impact Study (18.390) USA Service Provider Letter ❑ Construction Cost Estimate 04/4-Envelopes with Postage (Verify Count) ❑ # Sets Of Application Materials /Plans - "Paper Copies" I ' Pre - Application Conference Notes ❑ # Sets Of Application Materials /Plans - "CD's" J ` PROD CT STATISTICS: • Building Footprint Size % of Landscaping On Site ❑/°l of Building Impervious Surface On Site Lot Square Footage PLANS DIMENSIONED: ❑ Building Footprint ❑ Parking Space Dimensions (Include Accessible & Bike Parking) ❑ Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: Vicinity Map Architectural Plan / Existing Conditions Plan ■. Landscape Plan Tree Inventory iIIII Site Plan op Lighting Plan T REE PLAN I�GATION PLAN: ❑ /JJ El ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: �; ❑ 18.330 (Conditional Use) ❑ 18,630 (Washington Square Regional Center) D--. 18.775 (Sensitive Lands Review) El 18.340 Director's Interpretation) 18.705 (Access/Egress/Circulation) i❑ � 18.780 (signs) ❑ 18.350 (Planned Development) ❑ 18.710 (Accessory Residential Units) 18.785 (Temporary Use Permits) 21 18.360 (Site Development Review) ❑ 18.715 (Density Computations) ❑ 18.790 (Tree Removal) ❑ 18.370 (Variances /Adjustments) _❑ 18.720 (Design Compatibility Standards) .12r 18.795 (Visual Clearance Areas) ❑ 18.380 (Zoning Map/Text Amendments) ( T 18.725 (Environmental Performance Standards) ❑ 18.798 (Wireless Communication Facilities) ❑ 18.390 (Decision Making Procedures /Impact Study) 18.730 (Exceptions To Development Standards) ❑ 18.810 (Street & Utility Improvement Standards) ❑ 18.410 (Lot Line Adjustments) ❑ 18.740 (Historic Overlay) ❑ 18.420 (Land Partitions) ❑ 18.742 (Home Occupation Permits) c . Subdivisions ❑ 18430 (Subdivisions) ,12'' 18.745 (Landscaping & Screening Standards) Regulations) (Manufactured/Mobil Home ` . ❑ 18.510 (Residential Zoning Districts) IN _ 18.750 ( 41: ' ❑ 18 .520 (Commercial Zoning Districts) D 18.755 (Mixed Solid Waste /Recycling Storage) t 18.530 (Industrial Zoning Districts) .,.- 18.760 (Nonconforming Situations) ❑ 18.620 (Tigard Triangle Design Standards) ,I ti ❑ , 18.765 (Off - Street Parking /Loading Requirements) ADDITIONAL ITEMS: , • go 1 I: \curpin \masters \forms - revised \land use application completeness review. dot REVISED: 6- Jun -07 I Camino TRANSMITTAL WRG Shaping the Future To: Gary Pagenstecher Date: 07/16/2012 Orchard Supply City of Tigard Project: Hardware 5415 SW Westgate Drive Suite 100 13125 SW Hall Blvd Project #: 21299730 Portland, Oregon 97221 USA Tigard, OR 97223 Case /File #: Phone (503)419.2500 Fax #: Total Pages: Fax (503) 419 -2600 From: Korey Derrick www.cardnowrg.com Transmitting Via: Purpose: ❑ Messenger ® For your review and comm'"'`Cfl ❑ Other: ❑ Other: ti - � 16 2012 Quantity Description CI OF TIGARD 3 Orchard Supply Hardware DD Plan Set (Full Size) PLANNI G /ENGINEERING 1 Orchard Supply Hardware DD Plan Set (11x17) 1 Orchard Supply Hardware Narrative 1 Orchard Supply Hardware Stormwater Memo Corwioh /t �J 7 -16 - J -- Comments: Gary, Please find the attached copies of the DD Plans for Orchard Supply Hardware full size and half size sets. Also attached is the supplemental narrative and stormwater memo. If you have any questions, please do not hesitate to contact us. Signature: p obt,udi,e4 C: Australia • Belgium • Indonesia • Kenya • New Zealand • Papua New Guinea United Arab Emirates • United Kingdom • United States • Operations in 60 Countries 0 WARE MALCOMB Leading Design for Commercial Real Estate architecture RECEIVED planning interiors graphics JUL 16 2012 civil engineering July 2, 2012 CITY OF TIGARD PLANNING /ENGINEERING Gary Pagenstecher Associate Planner Community Development City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Dear Gary: RE: MINOR MODIFICATION MMD2012 -00008 - 9770 SW SCHOLLS FERRY ROAD / 10031 SW CASCADE BLVD, TIGARD, OREGON (Ultimate Electronics Site) ORCHARD SUPPLY HARDWARE STORE - SUPPLEMENTAL INFORMATION: Further to your letter of June 25, 2012, the following findings are provided to address additional applicable sections / standards of the Development Code. Findings under Section 18.520 (Commercial Zoning Districts) 1. 18.520.010.A - Provide a range of commercial services for city residents. The proposed project is a retail hardware store with an accessory use nursery/greenhouse, which will increase the range of uses and retail opportunities available throughout the city so that residents can fulfill their needs within easy driving distance of their homes. The project is located in an existing commercial district and therefore will have no impact on any existing residential areas. 2. 18.520.010.B - Facilitate economic goals. The proposed retail project will contribute to the creation of additional economic activities and job opportunities within the city limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. 3. 18.520.020.H - MUC Mixed Use Commercial District. The site is located just to the west of Highway 217 and bounded by SW Scholls Ferry Road and SW Cascade Boulevard. Primary uses permitted in the zone are office buildings, retail and service uses. The 6363 greenwich drive proposed use as a retail hardware store / nursery is consistent with the intent of the zone. suite 175 The existing 40,000SF premises that the store will occupy is of the "larger building" type san diego. California encouraged in the area, with parking provided on 3 sides of the building. 92122 p 858.638.7277 4. 18.520.030.A +B - Permitted Uses. The proposed use is Sales Oriented Commercial, a use f 858.638.7506 which is permitted outright in the MUC zone per the provisions of Table 18.520.1. integrated service I waremalcomb.com across north america 5. 18.520.030.0 - Accessory Structures. The proposed accessory use (nursery /greenhouse) is permitted in the commercial zone provided that the site is still in compliance with all development standards of the base zone. The proposed 4,924SF accessory use is immediately adjacent to the existing building and has no impact on maximum site coverage or minimum landscape requirements. The overall site coverage /impervious surface is 0.77 (maximum permitted is 0.85) and the proposed pervious landscape area is 0.23 (minimum required is 0.15). 6. 18.520.040 - Development Standards. The proposed project conforms with the development standards outlined in Table 18.520.2 for the MUC zone. There are no minimum lot size or setback requirements, the maximum height proposed of 33' -5" at the top of the gable roof at the main entry is less than the 200' height limit allowed, the maximum site coverage (building and parking / hardscape area) is 77% (85% allowed), and the landscaped area is 23% (minimum requirement is 15 %). 7. 18.520.050.E + 18.520.060.0 - Special Limitations on Uses / Additional Development and Design Guidelines. The proposed project is located within the Washington Square Regional Center, refer to commentary under section 18.630 below. Findings under Section 18.630 (Washington Square Regional Center Design Standards) 1. 18.630.010.0 - Development Conformance. The proposed remodeling and renovation of the existing premises will contribute to the character and quality of the area by providing a revitalized aesthetic which incorporates residential style heavy timbered gable and hipped roof elements which will reduce the scale and apparent mass of the existing building, and utilize materials appropriate to the mixed use zone. The existing premises is connected to public facilities (water, sewer, storm drain) and the public streets abutting the project are fully improved. 2. 18.630.020.B - Development Standards. The proposed project complies with the development standards outlined in Table 18.520.2 for the MUC zone. There are no minimum lot size or setback requirements, the maximum height proposed of 28' -11" is less than the 200' height limit allowed, the maximum site coverage (building and parking / hardscape area) is 77% (85% allowed), and the landscaped area is 23% (minimum requirement is 15 %). 3. 18.630.030.A - Pre-Existing Uses. T he existing premises is commercial in nature and was 0.0 s s g gP formerly occupied by Ultimate Electronics, a retail sales use. The proposed use is also retail sales, which is p outright outri ht in the MUC zone. 4. 18.630.040.B - Street Connectivity. Demonstration of Standards - Design Option. The existing driveway locations are separated by a straight line maximum distance of 330 feet to allow multiple points of entry to bicycles in accordance with the standards of the WSRC. A new pedestrian walkway connection (ADA compliant) is also proposed to link the main entrance to the street sidewalk. 5. 18.630.050.A - Site Design Standards. The existing building is setback from Cascade Boulevard approximately 100' at the closest point on the north side, and 113' on the east side. The proposed accessory use nursery /greenhouse addition on the east side will reduce the building setback to approximately 77' and will allow views into the nursery area to provide street activation consistent with the intent of the standard. The setbacks are in accordance with Table 18.520.2 (no minimum setback required in the MUC zone). A 6' wide pedestrian walkway connection is provided between the building entrance and the public right of way to the northeast of the building. The walkway will be paved with scored concrete in accordance with the standards outlined in 4.b. and 18.705.030.F. The perimeter of the site includes a 15' wide planting bed, landscaped to meet the L -1 standard through the use of overhead wire approved shade trees, evergreen shrubs and groundcover plants. The trees have been spaced at 28' on center and are capable of reaching a height of a 30' at maturity. The evergreen hedgerow is capable of achieving the 3' height and 90% opaque screening in 2 years. Groundcover shrubs will grow to achieve 100% living groundcover within the perimeter buffer area. Lawn is proposed for areas of grading disturbance and between street sidewalks and the required buffer screen. 6. 18.630.060.A - Building Design Standards. The standards outlined in this section of the code apply to new buildings only, however the proposed renovation to the existing building addresses issues of articulation, weather protection, roofing and ground floor openings (the proposed accessory use nursery / greenhouse addition provides direct views of merchandise and activity occurring within the space from the street and parking area; the gabled roof additions at each of the entrances enhances the articulation of the building by creating an arcade element projecting forward of the facade which also provides weather protection to customers approaching the building - the gabled section along the north side is further enhanced by the addition of a 'front porch' design element which further extends the roof area in a familiar residential form appropriate to the mixed use zone). Existing rooftop equipment is screened from view by a combination of existing parapet walls and supplemental roof mounted metal screens. 7. 18.630.070.A. - Signs. Proposed signage is consistent with the requirements of Section 18.780.130.0 of the Development Code. Proposed wall signs do not extend above the . roofline, and the maximum sign panel height does not exceed 10'. A comprehensive signage package will be submitted separately for permit approval prior to installation. 8. 18.630.090.A. - Landscaping and Screening. Existing landscape screening along the southern and western lot lines will remain as buffering in accordance with Section 18.745.050.A.2. New parking areas will contain a combination of landscaped berms at the perimeter, planted with trees spaced at 28' on center and capable of reaching a height of a 30' at maturity. The evergreen hedgerow is capable of achieving the 3' height and 90% opaque screening in 2 years. Groundcover shrubs will grow to achieve 100% living groundcover within the perimeter buffer area per the requirements of Section 18.745.050.E.1. In addition to the landscape treatment, a new 8' high masonry wall is proposed adjacent to the existing loading area / trash area to further screen these elements from view, in accordance with Section 18.745.050.E.2. Findings under Section 18.705 (Access, Egress and Circulation) 1. 18.705.030 - General Provisions. In accordance with Section 18.705.030.6, an updated site plan is included with this submittal showing public street access (2 driveways currently exist, each with a minimum width of 30' and will remain in accordance with Table 18.705.3). The driveways maintain the 30' width between the street connection and the entrance to the on -site parking areas. Drive aisles within the parking areas are either 28' wide or 24' wide per the requirements outlined in Table 18.705.3. The spacing of the existing driveway entrances is in accordance with Section 18.705.030.H. An ADA compliant walkway is proposed between the main building entrance and the street sidewalk along Cascade Boulevard to the northeast, adjacent to the main driveway. The walkway has been designed to meet the provisions of Section 18.705.030.F. Findings under Section 18.725 (Environmental Performance Standards) 1. 18.725.030 - Performance Standards. The proposed project is a retail sales use within the mixed use commercial zoning district. There are no manufacturing processes or other operations or activity which would result in a stack or other point - source emission, vibration or odor. Existing parking lot lighting fixtures will remain in place. The parking area to the east of the building will be modified to accommodate ADA accessible stalls adjacent to the proposed accessory use, however the pavement modifications will not result in the relocation of lighting fixtures - a new photometric plan is not required. All materials and waste will be stored in fenced or enclosed areas and maintained in a manner to prevent the attraction of rodents or create a health hazard. Findings under Section 18.745 (Landscaping and Screening). 1. 18.745.040 - Street Trees. In accordance with your request, a landscape plan is included with this submittal for your review. Street trees are not proposed due to the adjacency of overhead wires and an existing curb tight sidewalk within the right of way that shall remain. Trees have been pulled back from the right of way and located in the perimeter buffer. These trees will be 3.5" cal, an increased size over the code minimum. Trees will be spaced in the perimeter to meet the 28' offset for a 'medium tree' and the same spacing requirements for the L -1 buffer. 2. 18.745.050 - Buffering and Screening. Existing landscape screening along the southern and western lot lines will remain as buffering in accordance with Section 18.745.050.A.2. Existing landscaping areas within parking areas will be enhanced with a mix of groundcover, shrubs and trees. New parking areas will contain a combination of landscaped berms at the perimeter, and landscaped island planters at intermediate locations within the field, planted with a combination of groundcover, shrubs and trees to provide screening of parking and loading areas per the requirements of Section 18.745.050.E.1. In addition to the landscape treatment, a new 8' high masonry wall is proposed adjacent to the existing loading area / trash area to further screen these elements from view, in accordance with Section 18.745.050.E.2. Findings under Section 18.755 (Mixed Solid Waste and Recyclable Storage) 1. 18.755.040 - Methods of Demonstrating Compliance. The applicant has elected to have service contracted through a Franchised Hauler and has contacted Waste Management (Dave Brist, route manager (503) 992 -3021) who has reviewed and approved site serviceability and indicated that WM can service the existing trash /recyclable area multiple times per week. 2. 18.755.050 - Location, Design and Access Standards for Storage Areas. The existing premises has an area dedicated to trash and recyclables at the rear of the property adjacent to the loading dock which is screened from view. A trash compactor is located in a sight - obscuring fenced area measuring approximately 40' x 15' and there is an adjacent gated and sight - obscuring fenced trash collection / bin storage area measuring approximately 10' x 15'. The existing trash /recyclable area is centrally located and easily accessible. Service vehicles may access the trash area from either the north or south, and a clear area of 68' is provided in front of the trash yard for maneuvering of collection trucks and equipment. Findings under Section 18.765 (Off Street Parking and Loading Requirements) 1. 18.765.040.B - Access Drives. Two access driveways are provided in accordance with the requirements of Section 18.705. Each has a minimum width of 30' from the street to the access point of the off- street parking area to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. Pedestrian access from the street is provided by means of a dedicated walkway which is ADA compliant, located to the east of the main entrance driveway. At each of the two existing driveways which access SW Cascade Boulevard, a visual clearance area comprising a triangle measuring 35' on each side of the driveway will be maintained in accordance with Section 18.795.030. The maximum height of any landscaping, signage or other structure within the area will be limited to a maximum of 3'. 2. 18.765.040.K - Drainage. Per the request of the City Engineer, please find enclosed civil engineering drawings showing the current and proposed drainage patters, and Stormwater Memorandum addressing CWS's Water Quality and Quantity Requirements. 3. 18.765.040.N - Space & Aisle Dimensions. Parking lot design is in accordance with Figure 18.765.1. 90 degree parking is provided throughout the site, with driveway widths of 28' and 24'. Standard stalls measuring 8' -6" x 18' -6" and compact stalls measuring 7' -6" x 16' -6" (including 3' overhangs) are provided on 28' driveways; standard stalls measuring 10' -0" x 18' -6" and compact stalls measuring 8' -0" x 16' -6" (including 3' overhangs) are provided on 24' driveways. ADA compliant stalls measuring 9' -0" x 18' -0" are provided on the east side of the building. A total of 152 stalls are proposed (148 are required @ 3.7/1,000) of which 6 are ADA accessible, 23 are compact, and 123 are standard. Please refer to the enclosed site plan for location and dimensions of driveways, drive aisles, and parking stalls. 4. 18.765.050.A - Bicycle Parking. Bicycle parking (racks) is provided for 12 bikes (0.3/1,000) on the north side of the building to the west of the main entrance. The bicycle parking area will be paved with concrete. We trust that the above meets with your approval and we look forward to receiving notification of approval of our Minor Modification Application. Should you require any additional clarifications or supplemental information regarding our application, please feel free to contact me directly by phone at (858) 638 -7277 x 1316, or e-mail nwillsmore@waremalcomb.com Sincerely, WARE MALCOMB Neville Willsmore Senior Project Manager RECEIVED JUL 16 2012 MEMORANDUM PLANNING/ENGINEERING CITY OF ARD �� Cardno WRG Shaping the Future To: Mike White, City of Tigard 5415 SW Westgate Drive From: Jeff Shoemaker, P.E. Suite 100 Portland, Oregon 97221 USA Date: June 28, 2012 Phone (503) 419-2500 Project: Orchard Supply Hardware Fax (503) 419 -2600 CardnoWRG #: 21299730.00 Re: Water Quality Analysis www.cardnowrg.com This memo will describe the findings of the Orchard Supply Hardware redevelopment water quality analysis and downstream capacity. The site is located at 9770 Southwest Scholl's Ferry Road, Tigard, Oregon 97223. Project Overview The proposed project will consist of redeveloping the 3.6 acre site, containing approximately 40k sf of existing building and associated parking field, to accommodate the addition of approximately 5k sf garden center expansion and onsite parking and circulation improvements. Table 1 lists the basin area impacted by this project, for both pre - developed and post - developed conditions (see attached exhibits for basin delineation). Basin Area Development Impervious Pervious Total Area, Condition Area ac Area ac _ ac Pre 2.78 0.87 3.65 Post 2.80 0.85 3.65 Table 1 — Area Table Water Quality Water quality treatment for the Orchard Supply Hardware redevelopment will be provided by StormFilter catch basins and 1 StormFilter Manhole. Based on Table 4 -1 of the Clean Water Services Design and Construction Standards Manual, treatment of the disturbed impervious area (39,398 ft plus 50% of the undisturbed impervious area (83,160 ft will required. The total area requiring treatment is 80,978 sf. All proposed impervious areas as well as portions of the existing parking lot impervious area will be treated by StormFilter catch basins and 1 StormFilter manhole to meet the CWS requirements. Table 2 lists each facility and the amount of impervious area to be treated. Filter Catch Basin #A1 Al 12,303 Filter Catch Basin #A2 A2 27,142 Filter Manhole #A3 A3 12,242 Filter Catch Basin #A4 A4 10,076 Filter Catch Basin #A5 A5 20,809 Total Treated Area 82,572 Table 2 — Water Quality treatment Area Australia • Belgium • Indonesia • Kenya • New Zealand • Papua New Guinea United Arab Emirates • United Kingdom • United States • Operations in 60 Countries Page 2 May 17, 2012 W Car RC dno Shaping the Future Downstream Analysis This downstream analysis is based on the current CWS code requiring projects with an increase of 5,280 ft or more of impervious surface to: 1) Perform an analysis downstream extending to a point in the drainage system where the additional flow from the proposed development site constitutes 10 percent or less of the total tributary drainage flow. 2) If the additional flow from the proposed development drops to less than 10 percent of the total tributary drainage flow then the analysis will continue for the lesser of: a. One - quarter mile or: b. Until the additional flow constitutes less than 5 percent of the total tributary drainage flow. The proposed increase of impervious area is 1,180 ft therefore a downstream analysis and detention are not required. Attachment: Existing Basin Delineations Proposed Basin Delineations 11 T I GARD June 25, 2012 City of Tigard Matt Reid Oppidan 6450 Via Del Oro San Jose, CA 95119 RE: Minor Modification, 10031 SW Cascade Ave. Case number MMD2012 -00008 Dear Mr. Reid, On June 6, 2012, the City received your supplemental narrative for Minor Modification (MMD2012- 00008 ) of an existin g buildin g locate d at 10031 SW Cascade Ave. During completeness com leteness review staff has determined that your application remains incomplete. Please provide the following information to complete your application. 1) Narrative: Initially, you provided a project summary of the proposed minor modification. Your June 6 revised narrative partially addressed the applicable standards. However, additional standards are identified in the Pre - Application Conference Notes that have not been addressed in the revised narrative including 18.520, 18.630, 18.725, 18.775, and 18.765. Although some information may be in the plan set, or relates to existing conditions, it is PP p important to provide findings for the applicable standards to demonstrate how the standards are met and that your proposal can be approved as proposed. Being complete at the application stage will facilitate more timely review and may result in fewer conditions of approval. It is usually helpful to include the standard in the finding, and then apply the facts of the proposal to demonstrate how it is met. 2) City Arborist Completeness Comments. Please revise your site plan and narrative to address these comments (attached). 3) Development Engineering Completeness Comments. Please revise your site plan and narrative to address these comments (attached). 4) Landscaping and Screening Standards (18.745). Please provide a landscape plan thatshow proposed landscaping that is required through both the general standards in 18.705 and Washington Square standards in 18.630. In particular, street trees and parking lot trees, landscaping and screening must be shown. 5) Off Street Parking and Loading (18.765). Your plans and narrative include much information on the proposed parking plan. However, it has not been tied to the standards to demonstrate that all applicable standards have been addressed or sufficiently addressed to have been met. For example, drive aisle dimension in 18.705 are different than parking matrix aisle widths in Figure 18.765.1. Please dimension these widths relative to the adjacent stall widths for the 90 degree module design and label compact stalls where appropriate. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Please be aware that staff has not reviewed the application for compliance with all aspects of the code and may request additional information during the review period. Sincerely, V Gary Pagenstecher CC: File MMD2012 -00008 Orchard Supply Hardware Store Minor Modification Completeness Item Met Not Met N/A Comments 18.745.040: X Street trees are required along the Street Trees Cascade and Scholls frontages consistent with the requirements in 18.745.040. 18.745.050: X Parking lot trees are required within the Buffering and parking lot consistent with the Screening requirements in 18.745.050.E. Parking lot trees should be broad spreading (40' minimum mature spread) to provide a canopy effect over the parking lot. 18.790.030: X Tree Plan Requirement 18.790.050: X Permit Applicability Todd Prager Associate Planner /Arborist May 31, 2012 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 5, 2012 TO: Gary Pagenstecher, Current Planning FROM: Greg Berry. Public Works " RE: Orchard Supply MM Completeness Review The proposed increase of impervious surface will increase runoff. Show current and proposed drainage patterns on the site map. Show how runoff mitigation will be achieved as required by CWS Design Standards 4.03. Show how water quality treatment will be provided as required by CWS Design Standards 4.05, specifically Table 4 -1. ` (i ■ b o a cNA1` T U F F I Z - FerK,_ ft f2--F_- ?12- LSD M Lii/ cul■, feK_. NARRATIVE t y WAKE MALCOMB Leading Design for Commercial Real Estate architecture planning interiors graphics civil engineering June 6, 2012 Gary Pagenstecher Associate Planner Community Development City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Dear Gary: RE: MINOR MODIFICATION MMD2012 -00008 - 9770 SW SCHOLLS FERRY ROAD / 10031 SW CASCADE BLVD, TIGARD, OREGON (Ultimate Electronics Site) ORCHARD SUPPLY HARDWARE STORE - PROJECT NARRATIVE / FINDINGS: In accordance with Sections 18.360.030.B, 18.360.060 and 18.390.030 of the City of Tigard Municipal Code, Orchard Supply Hardware is seeking a minor modification of a use that is permitted in the mixed use commercial (MUC) zone. The project is located at 9770 Southwest Scholls Ferry Road in the City of Tigard, Oregon and the site has an existing 40,000SF building structure. Current tenant is Ultimate Electronics, and Orchard Supply Hardware Store would like to reuse the site and the existing building structure with some changes. Having Orchard Supply Hardware Store as a tenant will revitalize the surrounding area. The existing site requires some modifications in order to meet the parking and landscape requirements per City of Tigard and the tenant. The site will be enhanced with new landscaping and landscape sight screening elements along the frontage, bicycle parking spaces and pathways connecting the site to the public right of way, Orchard Supply Hardware needs to have an open air nursery in its program, which is connected to the existing building. Therefore an accessory use nursery addition of 5,000SF is proposed. The open air nursery is primarily open to the sky, with partial area covered by a retractable roof section, and partial area covered by a gabled roof element at the exterior entrance to the nursery from the parking area. The perimeter wall area of the nursery features wrought iron screen elements and glazed rollup doors to further enhance the open feeling. 6363 greenwich drive This openness of the addition creates an inviting feel and welcoming environment from the suite 175 inside, and aesthetically pleasing view from the outside. The maximum height of the nursery san diego. california gabled roof entry will be +/- 29 feet. 92122 p 858.638.7277 The location of the existing trash enclosure, the loading area with roll up doors, exit doors and f 858.638.7506 the entry doors will remain. Main entrances will receive Orchard Supply Hardware signage with an architectural gable element. integrated service waremaltamb com across north america Project Summary: Total Site Area: 3.64 AC (156,380SF) Existing Building Area: 40,000SF Proposed Addition (open air nursery) 5,000SF Total Building Area: 45,000SF Floor Area Ratio: 0.29 Existing Landscape Area: 39,695SF New Landscape Area (pervious): 36,055SF (9.2% reduction) Landscape Ratio: 0.23 Hardscape Area (impervious): 74,932SF Hardscape Ratio: 0.48 Parking Required (3.7/1,000): 148 Parking Provided: Standard Stalls 113 Accessible Stalls 6 Compact Stalls 36 TOTAL: 155 stalls plus 12 bike stalls Findings under Section 18.360.060 / 18.360.050.B. 1. An increase in dwelling unit density, or lot coverage for residential development. The proposed project is retail /commercial, this criteria does not apply. 2. A change in the ratio or number of different types of dwelling units. The proposed project is retail / commercial, there is no residential component. This criteria does not apply. 3. A change that requires additional on - site parking in accordance with Chapter 18.765. There is no change in use for the project site (retail sales). Per Table 18.765.2, of Section 18.765.080, the indoor retail use requires parking at a ratio of 3.7/1,000SF (148 stalls required). The proposed addition of 5,000SF for outdoor sales (nursery / greenhouse) is an accessory use, with no additional parking required. However, the project is able to accommodate parking for outdoor sales at a ratio of 1.0 /1,000SF (5 stalls required). The total parking provided is 155 spaces. Bicycle parking is provided in accordance with Section 18.765.050 and 18.765.070. The requirement is 0.3/1,000 (12). A total of 12 bicycle spaces are proposed - with a bicycle rack provided adjacent to each of the 2 entrances. Loading areas have been provided in accordance with Section 18.765.080.A.2. The requirement is for 2 spaces (40,000 square feet or more), 3 spaces are provided on the western side of the existing premises. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed use is Mercantile Group M occupancy - this is the same use category as the previous / current use. The existing structure type will remain. 5. An increase in the height of the building(s) by more than 20 %. The existing building parapet height is 24' -10" and will remain unchanged. A new gabled roof entry addition is proposed at the main entrance on the north side of the building, with a maximum peak height of 33' -5 ", an increase in height of 8' -7 ". A secondary entrance (which aligns with the existing storefront entrance on the east side of the building) at the new nursery location includes a gabled roof feature which will have a maximum peak height of 28' -11 ", an increase in height of 4' -1" (17 %). 6. A change in the type and location of accessways and parking areas where off -site traffic would be affected. All existing driveway entrances will remain unchanged. The parking area to the east of the existing building will be modified to create new handicapped accessible parking, but will have no impact on off -site traffic. 7. An increase in the vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed use (retail sales) is the same as the previous /current use (retail sales). No increase in vehicular traffic is anticipated. 8. An increase in floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet. A nursery / greenhouse area is proposed to be added to the east side of the existing building. The proposed footprint will not exceed 5,000SF. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %. The existing site contains 39,695SF of landscaped open space. Modifications to building footprint and associated site work (hardscape / parking) will reduce the landscaped area to 36,055SF (a reduction of 9.2 %). 10. A reduction in project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational Facilites No recreational facilities currently exist on site, none are proposed. No recreational facilities are required as part of retail development in the MUC zone. b. Screening Existing rooftop mechanical screening will remain. Existing perimeter landscape screening will remain. c. Landscaping A reduction in landscape area of 9.2% is proposed (less than 10 %). Access, Egress and Circulation (Section 18.705) In accordance with Section 18.705.030.B, a site plan has been submitted showing public street access (2 driveways currently exist, each with a minimum width of 30' and will remain in accordance with Table 18.705.3). The spacing of the existing driveway entrances is in On site circulation within parking areas maintains a accordance with Section 18.705.030.H. O s P g minimum drive aisle width of 24' per the requirements outlined in Table 18.705.3. An ADA compliant walkway is proposed between the main building entrance and the street sidewalk along Cascade Boulevard to the northeast, adjacent to the main driveway. The walkway has been designed to meet the provisions of Section 18.705.030.F. Landscaping, Buffering and Screening (Section 18.745) Existing landscape screening along the southern and western lot lines will remain as buffering in accordance with Section 18.745.050.A.2. Existing street trees will remain in accordance with Section 18.745.040.A and will be supplemented by new trees (Marshall Green Ash / Thornless Honey Locust) per the requirements of Section 18.745.040.C.2. Existing landscaping areas within parking areas will be enhanced with a mix of groundcover, shrubs and trees. New parking areas will contain a combination of landscaped berms at the perimeter, and landscaped island planters at intermediate locations within the field, planted with a combination of groundcover, shrubs and trees to provide screening of parking and loading areas per the requirements of Section 18.745.050.E.1. In addition to the landscape treatment, a new 8' high masonry wall is proposed adjacent to the existing loading area / trash area to further screen these elements from view, in accordance with Section 18.745.050.E.2. Clear Vision Area (Section 18.795) At each of the two existing driveways which access SW Cascade Boulevard, a visual clearance area comprising a triangle measuring 35' on each side of the driveway will be maintained in accordance with Section 18.795.030. The maximum height of any landscaping, signage or other structure within the area will be limited to a maximum of 3'. Clean Water Services An application for Sensitive Area Pre - Screening Site Assessment has been submitted to CWS for project review and issuance of a Service Provider Letter. We will forward a copy of the letter to the Planning Department once we have received approval from CWS. We trust that the above meets with your approval and we look forward to receiving notification of acceptance of our Minor Modification Application. Should you require any additional clarifications or supplemental information regarding our application, please feel free to contact me directly by phone at (858) 638 -7277 x 1316, or e-mail nwillsmore@waremalcomb.coni Sincerely, WARE MALCOMB Neville Willsmore Senior Project Manager • Gary Pagenstecher From: Matthew Reid <mattr @Oppidan.com> Sent: Friday, June 01, 2012 5:35 PM To: Gary Pagenstecher Cc: Neville Willsmore Subject: Re: OSH Minor Modification Application We will get you something right away. Thanks Gary! Sent from Siri, please excuse the typos. !A/if Matthew Reid tic, 0 c , try /V 4 ((,tilerti PR,c,Lfee7 619.335.5896 Google voice Skype: matthew.reid.ca On Jun 1, 2012, at 5:30 PM, "Gary Pagenstecher" <Garyp@tigard- or.gov> wrote: Matt, On May 16, 2012, the City received your application for Minor Modification (MMD2012- 00008) of an existing building located at 10031 SW Cascade Ave. Staff has determined in a preliminary review that your application is incomplete. Please respond to the following so your application can be deemed complete and the review process can continue. 1) Narrative: You provided a project summary of the proposed minor modification. However, you have not provided findings that include the applicable standards, application of facts of the proposal, or statement as to how the criteria have been met. The narrative requirement is identified in the Pre - Application Conference Notes that you were given (see highlighted sections in attached Notes). Please call me to discuss any questions you may have about requirements of your application submittal. Thank you, Gary Gary Pagenstecher Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503 - 718 -2434 Fax: 503 - 718 -2748 Email: garyp@tigard- or.gov DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e -mail may be disclosed to another party unless exempt from disclosure under Oregon Public 1 . . Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules City General Records Retention Schedule." <OrchardBardware'doc 2 WARE MALCOMB Leading Design for Commercial Real Estate architecture planning interiors graphics civil engineering May 14, 2012 MINOR MODIFICATION - 9770 SW SCHOLLS FERRY ROAD / 10031 SW CASCADE BLVD, TIGARD, OREGON (Ultimate Electronics Site) ORCHARD SUPPLY HARDWARE STORE - PROJECT NARRATIVE: Oppidan Development is seeking a minor modification of a use that is permitted in the mixed use commercial zone. The project is located at 9770 Southwest Scholls Ferry Road in the City of Tigard, Oregon and the site has an existing 40,000SF building structure. Current tenant is Ultimate Electronics, and Orchard Supply Hardware Store would like to reuse the site and the existing building structure with some changes. Having Orchard Supply Hardware Store as a tenant will revitalize the surrounding area. The existing site requires some modifications in order to meet the parking and landscape requirements per City of Tigard and the tenant. The site will be enhanced with new trees, landscape sight screening elements along the frontage, bicycle parking spaces and pathways connecting the site to the public right of way. Orchard Supply Hardware needs to have an open air nursery in its program, which is connected to the existing building, and a 5,075SF addition is proposed. This open air nursery addition consists of an open air green house roof, open frames, rollup doors with window panels and shade cloth. This openness of the addition creates an inviting feel and welcoming environment from the inside, and aesthetically pleasing view from the outside. The height of the nursery will be +/- 29 feet. The location of the existing trash enclosure, the loading area with roll up doors, exit doors and the entry doors will remain. Main entrances will receive Orchard Supply Hardware signage with an architectural gable element. Total Site Area: 3.64 AC (156,380SF) Existing Building Area: 40,000SF Proposed Addition (open air nursery) 5,075SF Total Building Area: 45,075SF Floor Area Ratio: 0.29 Existing Landscape Area: 39,695SF New Landscape Area (pervious): 36,055SF (9.2% reduction) Landscape Ratio: 0.23 Hardscape Area (impervious): 74,932SF 6363 greenwich drive Hardscape Ratio: 0.48 suite 175 Parking Required (3.7/1,000): 148 san diego. California Parking Provided: Standard Stalls 113 92122 Accessible Stalls 6 p 858.638.7277 Compact Stalls 36 f 858.638.7506 TOTAL: 155 stalls plus 12 bike stalls integrated service waremalcomb.com wor, ZQ � � � c ec ti V I * across north america CAU ZION: Ih I HIS SHLL I IS NO I SU x42 I I IS A HLUUCLU f HIN I / SITE PLAN NOTES 6 ca _ p. .w20 P . sr.. Pm on v....� a e ...../r / S OW p ...o.., PA. o ..o. s,.. ..r. ,.s,.[ •5221.., /� Vy m o .. 1 �g ( E m �1 � : a �� / // °` .[..... . C FO • f, sue/ / / �j/]P/��\ / i .'sC,a5''°' • • 5 ;F 3 FOOT 2. -- � /�� LiJ } ` \ j �Y_ © \ • f o' � m,i reo SUSS) .o K om..rti n r. T11.12. k APy / III / m P itt' ' • . �iis 7102 lv[ n„ L k _ � o �� ©' � PROJECT DATA: 0, . \ • a r ,, ✓ a (ou .. mM Y � T-/Ilal. b / m .. g ce � \ m \ ors,.[.,« a., O /d Ii r Malaga QM v.^�.. m 5555 w ® % 'Ilria 1" /� . / pp I ,o.. P r .o s.,.s 07/1.x .w n..s C 1.' yZ JO Fir ' = O i ; � SITE LEGEND a Q7. U M ,. m G3 „ ,. ..r. 122 1 x ORCHARD SUPPLY HARDWARE j A2-• ¢ • .0 (, „.� O I - EXISTING BUILDING scis , - I' "° °�' o AIR I I 0 0 ... nr ,r -r( 2 O 0 40,000 SF , r, C,...., 5555 ,• -n ■ n j 1 f I r 5555 y. T_y , Y - f I F [ r.'xmuxM,M 1 FT a h � .,... .ate. a e / f-f a '®I 9 t INI M �� ,,K.,I .�, m,oK(,�,,.. 6y 4 1. Cs 1 e m n -. 1 as 101-120 1 RA AR k SI 21-200 uomo 1 .,, - 5 ....„ r ,. m /.. a Er. S ITE PLA,N • "" .. ! • A1.1 • i 1 . ,m . .. r..:„---: • Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 1 First American Title Insurance Company National Commercial Services 1737 North First Street, Suite 500 San Jose, CA 95112 March 27, 2012 Robert D. Shantz Wendel Rosen Black and Dean LLP 1111 Broadway, 24th FIr Oakland, CA 94607 Phone: (510)834 -6600 Fax: (510)808 -4714 Order Number: NCS- 535550 -SC Escrow Officer: Sherry Savoy Phone: (408)487 -5026 Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B - - Requirements Schedule B -2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B -1. The Exceptions in Schedule B -2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. First American Title Insurance Company Form No. 1068-2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 4 SCHEDULE A 1. Commitment Date: March 19, 2012 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Extended Owner's Policy $TBD Proposed Insured: TBD (B) ALTA Extended Lender's Policy $TBD Proposed Insured: TBD 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: Krausz Puente LLC, a California limited liability company 4. The land referred to in this Commitment is situated in the City of Tigard, County of Washington, State of Oregon, and is described as follows: SITUATED IN THE SOUTHEAST QUARTER OF SECTION 27, SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON, AND BOUNDED ON THE WEST BY THE SOUTHERN PACIFIC RAILROAD, ON THE NORTHWEST BY S.W. SCHOLLS FERRY ROAD, ON THE NORTH AND EAST BY S.W. CASCADE BLVD., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD WITH JSM CAP SET ON THE EASTERLY RIGHT -OF -WAY OF THE SOUTHERN PACIFIC RAILROAD AND NORTH 89 °52'50" WEST 221.80 FEET ALONG THE NORTH LINE OF SAID SECTION 34, AND NORTH 19 °15'30" WEST, ALONG THE EASTERLY 50 FOOT RIGHT -OF -WAY LINE OF SAID RAILROAD 180.52 FEET FROM A STONE MONUMENT FOUND AT THE NORTHEAST CORNER OF SAID SECTION 34; AND RUNNING THENCE NORTH 19 °15'30" WEST, ALONG SAID RAILROAD RIGHT -OF -WAY 328.15 FEET TO AN IRON ROD WITH JSM CAP SET ON THE SOUTHEASTERLY SPIRAL CURVE RIGHT -OF -WAY OF S.W. SCHOLLS FERRY ROAD; THENCE ON SAID SPIRAL CURVE (CHORD BEARS NORTH 33 °36'30" EAST 47.44 FEET) 47.44 FEET TO AN IRON ROD WITH STATE HIGHWAY CAP FOUND SFB 42 +92.24 P.S. (100) MARKING THE SOUTHEASTERLY 100 FEET FROM THE CENTER LINE RIGHT -OF -WAY; THENCE CONTINUING ON SAID LINE NORTH 33 °33'50" EAST 101.85 FEET TO AN IRON ROD WITH JSM CAP SET AT THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY OF S.W. CASCADE BLVD.; THENCE NORTH 89 °49' EAST ON SAID RIGHT -OF -WAY 269.95 FEET TO AN IRON ROD WITH JSM CAP SET AT THE BEGINNING OF A TANGENT 100 FOOT RADIUS CURVE; THENCE SOUTHEASTERLY ON SAID CURVE (CHORD BEARS SOUTH 55 °59'30" EAST 112.39 FEET) 119.35 FEET TO AN IRON ROD WITH JSM CAP SET ON THE WESTERLY RIGHT -OF -WAY OF S.W. CASCADE BLVD. 50 FEET FROM AND PARALLEL TO THE WESTERLY RIGHT -OF -WAY OF HIGHWAY 217, AS MONUMENTED; First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 5 THENCE ON SAID PARALLEL RIGHT -OF -WAY LINE, SOUTH 21 °48' EAST 87.06 FEET TO AN IRON ROD WITH JSM CAP SET OPPOSITE AN IRON ROD WITH STATE HIGHWAY CAP FOUND AT SH 328 +00(130) /JSM 327 +99.48(130); THENCE SOUTH 19 °55'25" EAST 154.31 FEET TO AN IRON ROD WITH JSM CAP SET; THENCE SOUTH 70 °54' WEST 446.98 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A TRACT OF LAND 5.00 FOOT WIDE SITUATE IN THE SOUTHEAST ONE - QUARTER OF SECTION 27, AND SOUTHWEST ONE- QUARTER OF SEC I ION 26, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, PARALLEL AND ABUTTING THE EASTERLY AND NORTHEASTERLY LINES OF THAT PARCEL CONVEYED TO LEVITZ FURNITURE COMPANY OF THE PACIFIC, INC. IN STATUTORY WARRANTY DEED, FEE NO. 83046940, RECORDED DECEMBER 19, 1983 IN WASHINGTON COUNTY DEED RECORDS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL I DESCRIBED IN FEE NO. 83046940 RECORDED IN WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEING MARKED BY AN IRON ROD WITH A JSM CAP AND BEARING NORTH 89 °52'50" WEST A DISTANCE OF 221.80 FEET ALONG THE SOUTH LINE OF SAID SKI ION 27, AND NORTH 19 °15'30" WEST ALONG THE EASTERLY 50 FEET RIGHT -OF -WAY LINE OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY, A DISTANCE OF 180.52 FEET FROM A STONE MONUMENT FOUND AT THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE NORTH 70 °54' EAST ALONG THE SOUTH LINE OF SAID PARCEL I A DISTANCE OF 446.98 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1 ON THE WESTERLY RIGHT -OF- WAY OF S.W. CASCADE BOULEVARD AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE WESTERLY RIGHT -OF -WAY OF S.W. CASCADE BOULEVARD THE FOLLOWING COURSES AND DISTANCES: NORTH 19 °55'25" WEST, 154.31 FEET, AND NORTH 21 °48'00" WEST 87.06 FEET; THENCE NORTHWESTERLY THROUGH A 100.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, AN ARC DISTANCE OF 119.35 FOOT (CHORD BEARS NORTH 55 °59'30" WEST A DISTANCE OF 112.39 FEET); THENCE CONTINUING ON SAID RIGHT -OF -WAY OF S.W. CASCADE BOULEVARD SOUTH 89 °49'00" WEST A DISTANCE OF 184.39 FEET; THENCE LEAVING SAID RIGHT -OF -WAY OF S.W. CASCADE BOULEVARD, EASTERLY THROUGH A 142.00 FOOT RADIUS NON- TANGENT CURVE CONCAVE TO THE NORTH AN ARC DISTANCE OF 37.79 FEET (CHORD BEARS SOUTH 82 °33'31" EAST A DISTANCE OF 37.68 FEET); THENCE NORTH 89 °49'00" EAST, PARALLEL WITH THE RIGHT -OF -WAY OF S.W. CASCADE BOULEVARD AND 5.00 FEET DISTANT THEREFROM, A DISTANCE OF 147.04 FEET; THENCE SOUTHEASTERLY THROUGH A 95.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, AN ARC DISTANCE OF 113.38 FEET (CHORD BEARS SOUTH 55 °59'30" EAST A DISTANCE OF 106.77 FEET); THENCE PARALLEL AND 5.00 FEET DISTANT FROM THE WESTERLY RIGHT -OF -WAY OF S.W. CASCADE BOULEVARD THE FOLLOWING COURSES AND DISTANCES: SOUTH 21 °48'00" EAST, 86.99 FEET, AND SOUTH 19 °55'25" EAST, 154.14 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL I (FEE NO. 83046940); THENCE NORTH 70 ° 54 00 " EAST ALONG THE SOUTHERLY THERLY LINE OF SAID PARCEL I A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. THIS IS THE LEGAL DESCRIPTION OF RECORD BEING FURTHER DESCRIBED BY TERRAMARK, INC., DATED MARCH 13, 1999 LAST REVISION JULY 11, 2003, JOB NO. 20030446/SITE 3: SITUATED IN THE SOUTHEAST QUARTER OF SECTION 27, SOUTHWEST QUARTER OF SECTION First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 6 26, TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON, AND BOUNDED ON THE WEST BY THE SOUTHERN PACIFIC RAILROAD, ON THE NORTHWEST BY SW SCHOLLS FERRY ROAD, ON THE NORTH AND EAST BY SW CASCADE BLVD., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD WITH JSM CAP SET ON THE EASTERLY RIGHT -OF -WAY OF THE SOUTHERN PACIFIC RAILROAD AND NORTH 89 °50'06" WEST 221.80 FEET ALONG THE NORTH LINE OF SAID SECTION 34, AND NORTH 19 °15'30" WEST, ALONG THE EASTERLY 50 FOOT RIGHT OF WAY LINE OF SAID RAILROAD 180.52 FEET FROM A STONE MONUMENT FOUND AT THE NORTHEAST CORNER OF SAID SECTION 34; AND RUNNING THENCE NORTH 19 °15'30" WEST, ALONG SAID RIGHT OF WAY 328.28 FEET TO AN IRON ROD WITH JSM CAP SET ON THE SOUTHEASTERLY SPIRAL CURVE RIGHT OF WAY OF SW SCHOLLS FERRY ROAD; THENCE ON SAID SPIRAL CURVE (CHORD BEARS NORTH 33 °39'23" EAST 47.44 FEET TO AN IRON ROD WITH STATE HIGHWAY CAP FOUND SFB 42 +92.24 P.S. (100) MARKING THE SOUTHEASTERLY 100 FEET FROM THE CENTER LINE RIGHT OF WAY; THENCE CONTINUING ON SAID LINE NORTH 33 °37'14" EAST 101.86 FEET TO AN IRON ROD WITH JSM CAP SET AT THE INTERSECTION WITH THE SOUTH RIGHT OF WAY OF SW CASCADE BLVD.; THENCE NORTH 89 °49'26" EAST ON SAID RIGHT OF WAY 85.65 FEET; THENCE LEAVING SAID RIGHT OF WAY OF SW CASCADE BOULEVARD EASTERLY THROUGH A 142.00 FOOT RADIUS NON - TANGENT CURVE CONCAVE TO THE NORTH AN ARC DISTANCE OF 37.79 FEET (CHORD BEARS SOUTH 82 °33'05" EAST A DISTANCE OF 37.68 FEET); THENCE NORTH 89 °49'26" EAST PARALLEL WITH THE RIGHT OF WAY OF SW CASCADE BOULEVARD AND 5.00 FEET DISTANCE THEREFROM, A DISTANCE OF 147.04 FEET; THENCE SOUTHEASTERLY THROUGH A 95.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AN ARC DISTANCE OF 113.43 FEET (CHORD BEARS SOUTH 55 °58'11" EAST A DISTANCE OF 106.81 FEET); THENCE PARALLEL AND 5.00 FEET DISTANT FROM THE WESTERLY RIGHT OF WAY OF SW CASCADE BOULEVARD THE FOLLOWING COURSES AND DISTANCES: SOUTH 21 °45'47" EAST, 86.85 FEET; AND SOUTH 19 °50'52" EAST, 154.16 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL I (FEE NO. 83046940); THENCE SOUTH 70 °53'57" WEST 441.85 FEET TO THE POINT OF BEGINNING. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. APN: R1262911 First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 7 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and /or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and /or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): 13, 14, 15 and 16 (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: None The following additional requirements, as indicated by "X ", must be met: [X] (H) Provide information regarding any off- record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form(as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. [X] (I) An ALTA /ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA /ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and /or requirements as may be deemed necessary. [X] (3) The following LLC documentation is required from Krausz Puente LLC, a California limited liability company : [] (K) The following partnership documentation is required from : First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 8 [] (L) The following documentation is required from corporation: [X] (M) Based upon the Company's review of that certain partnership /operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and /or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [X] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 9 SCHEDULE B SECTION TWO EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 6. City liens, if any, for the city of Tigard. Note: An inquiry has NOT been made concerning the actual status of such liens. A fee of $25.00 will be charged per tax account each time an inquiry request is made. 7. These premises are within the boundaries of the Tualatin Valley Water District and are subject to the levies and assessments thereof. 8. These premises are within the boundaries of the Clean Water Service District and are subject to the levies and assessments thereof. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 10 9. Limited access provisions in favor of the State of Oregon, by and through its State Highway Commission as contained in Decree of Condemnation entered November 03, 1966 in Suit No. 27 735 in the Circuit Court for Washington County, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 10. Easement, including terms and provisions contained therein: Recording Information: August 07, 1969 in Book 752, Page 0690 In Favor of: Metzger Sanitary District For: Sanitary sewer lines and installations within boundaries of public ways 11. Easement, including terms and provisions contained therein: Recording Information: June 12, 1981 as Fee No. 81020294 In Favor of: Toys "R" Us, Inc. For: Sign and access 12. Covenants, conditions, restrictions and easements in the document recorded June 16, 1981 as Fee No. 81020719 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 13. Terms and provisions of an unrecorded lease dated August 29, 2003, by and between Levitz SL Portland - Scholls, L.L.C., a Delaware limited liability company as lessor and Levitz Furniture Corporation, a Florida corporation, Levitz Furniture company of the Midwest, Inc., a Colorado corporation and Levitz Furniture company of Washington, Inc., a Washington corporation as lessee, as disclosed by a Memorandum of Lease recorded September 11, 2003 as Fee No. 2003- 154031 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. A document recorded October 20, 2003 as Fee No. 2003 - 178739 of Official Records provides that the above document was subordinated to the document recorded September 11, 2003 as Fee No. 2003 - 154035 of Official Records. 14. A Line of Credit Deed of Trust to secure an original indebtedness of $22,750,000.00 recorded September 11, 2003 as Fee No. 2003 - 154035 of Official Records. Dated: August 29, 2003 Trustor: Krausz Puente LLC, a California limited liability company Trustee: First American Title Company Beneficiary: Citicorp USA, Inc., a Delaware corporation Document re- recorded November 24, 2003 as Fee No. 2003 - 196732 of Official Records. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 11 According to the public records, the beneficial interest under the deed of trust was assigned to Citibank, N.A., a national banking association by assignment recorded November 15, 2010 as Fee No. 2010 - 091623 of Official Records. A document recorded November 15, 2010 as Fee No. 2010 - 091624 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. 15. A financing statement recorded September 11, 2003 as Fee No. 2003 - 154036 of Official Records. Debtor: Krausz Puente LLC Secured party: Citicorp USA, Inc. A continuation statement was recorded August 12, 2008 as Fee No. 2008 - 070068 of Official Records. According to the public records, the security interest of the secured party was assigned to CitiBank, N.A. by document recorded December 23, 2010 as Fee No. 2010 - 103767 of Official Records. 16. Terms and provisions of an unrecorded lease dated March 25, 2010, by and between Krausz Puente LLC, a California limited liability company as lessor and CC Retail, LLC, a Delaware limited liability company, dba Ultimate Electronics as lessee, as disclosed by a Memorandum of Lease recorded December 23, 2010 as Fee No. 2010 - 103765 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. 17. Unrecorded leases or periodic tenancies, if any. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 12 INFORMATIONAL NOTES NOTE: This report does not include a search for Financing Statements filed in the office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the office of the County Clerk (Recorder) covering fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and book. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per thousand or fraction thereof on the transfer of real property located within Washington County. NOTE: Taxes for the year 2011 -2012, paid in full. Tax Amount: $60,840.36 Code No.: 050.94 Map & Tax Lot No. 1S127DD -01200 Property ID /Key No. R1262911 The exceptions to coverage 1 -5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 13 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 14 Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 15 1. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (REV 84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1970 (REV 84) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (REV 84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1.(a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or govemmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at date of policy in those records in which under state statutes, deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, and not shown by the public records but known to the insured claimant either at date of policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to the Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 16 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (REV 84) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 6. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. First American Title Insurance Company 4 Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 17 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: First American Title Insurance Company Form No. 1068 -2 Commitment No.: NCS- 535550 -SC ALTA Plain Language Commitment Page Number: 18 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. I I First American Title Insurance Company CWS SERVICE PROVIDER LETTER 'I • V Pe c. 04 4 - / - / Z Clean Water Services File Number C1eanWater Services 12 - 0 013 2 2 Sensitive Area Pre - Screening Site Assessment 1. Jurisdiction; Tigard 2. Property Information (example 1S234AB01400) 1 3. Owner Information Tax lot ID(s): 151270001200 Name: David Pyle Company: Krausz Companies — - -- 44 Montgomery Street, Suite 3300 Address: Site Address: 9770 SW Scholls Ferry Road_ I City, st Zip: San Francisco CA 94104 City. State, Zip Tigard, Oregon 97223 Phone /Fax: (415) 732 - 5600 _ — Nearest Cross Street: SW Cascade Blvd E..m 4. Development Activity (chock all that apply) 5. Applicant Information © g Family ( garage) Matt Reid _ Add lion to Single Famit Residence rooms, deck ara a Company; _ U Lot Line Adjustment J Minor Land Partition pa ny: Oppidan rj Residential Condominium U Commercial Condominium Address 6450 Via Del Oro Li Residential Subdivision l] Commercial Subdivision I S Jose CA 95119 IA Single Lot Commercial Li Multi Lot Commercial City, State, Zip: - Other PhonelEax: (408) 281-3500 �~ F Mail mattr@oppidan.corn 6. Will the project involve any off-site work? ❑ Yes a No ❑ Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project _ This application does NOT replace Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Development Permits, DEQ 1200 -C Permit or other permits as issued by the Department of Environmental Quality. Department of State Lands andlor Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. By signing this form, the Owner or Owner's authorized agent or representale, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site I certify that I am familiar • th the information contained in this document, d to the best of my knowledge and belief, this information is true, complete, and accurate. Print/Type a ,a Ma hew W. Re', • -. -. -- PrinVTypeTitle 'b�VV`*'PM _ t�G�N ar r 5/23/2012 Signature r loop 1�► —_ Date _„ FOR DISTRICT USE ONLY • Sens ive areas potentially exist on site or within 200' of the site, THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. • Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200' of the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07.20 Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, State, and federal law. • Based on review of the submitted materials and best a °va'lable information the above referenced project will not significantly impact the existing or potentially sensitive area(s) found near the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07.20, Section 102.1 All required permits and approvals must be obtained and completed under appicabie local, stale and federal law. L This Service Provider Letter is not valid unless 1 _ CWS approved site plan(s) are attached. U The proposed activity does not meet the definition of development or the lot was platted atter 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. ' APPROVED Reviewed by r.rc trc // -4 c. Date — B y Lain P Hens et : I, 58 p, u u 12, 2012 ; ! ' • • . 1 . • • - - _12.3J • L4 :1 \4'.OIU �'?W:11C _c ds....NS.orC _.fx,,J' ,v't € 1/ St-LE' IS NUT .3. 11 Iti A '4E Jr, PV4' • I I I t i CWS File No. 12-001322 s s i APPROVED - „,,..„., i I n I t By Laurie Harris at 4:03 pm, Jun 12, 2012 — , ... SPL Attachment 1 of 1 m- """ ! \O Al a , ■xr ,,... '.... ,-",40 +3..r.,3 A /7 , • , t.'. ' 41. / #1 , f ,\.,'..\ 3, 'T ‘ T .:, -...!: ' . 4 7-4 .. 4.* - ' - : ' (y) ....3 ■ o. tomeer mt... .., t ' ir , • lf SW'' 3401AC f XIMinitta wzrFs i , t ,) i ' rtOn17 N., 1 < Cr 1 ...../ Cr 1 / .:". ' r ' ' ' ' ? i , l' ' • '''' \ W 'f, 4./,..,•'', -,:,-, / \ , ,.... ., t o., , , . / • 5t ,f,, , , -1- 6 0 0 (1) I '' , 3 h / • \ th .*:'''' i 2 ,,_„..... ,.. ..= ... I 1 -- ,..,- 1- , .-- ,,,gr, „ -- ______--- „.„------- 3 l'. 7 \'\ „--- 'i , 1 i , . a , 1 . i. •_,....-- , i g , A ,...., ORBION trnury **- NOTIPICAllali CENTER , 1 ND 1314144 : ; 3 ''% , ' '. . -"'" 7 ILLI ' 22 0 2 2 1 7: fill cc CL ; Storm Water Connection Permit Authorization ,� �� CleanWater` Services Ot�r commitn�ent is cicar. Permit Number MMD2012-00008 This Authorization to issue a Storm Water Connection Permit, in accordance with the requirements of Resolution and Order 07-20, including section 3A1.2,when signed and dated by the District,verifies that the District has reviewed the consh-uction plans,as submitted by the City,and concurs that they are in accordance with the previously identified design standards and either, 1)the Service Provider Letter(SPL)or, 2)the Sensitive Area Pre-Screening Site Assessment acting as the SPL issued for project and is in compliance with the District's water quality protection standards. This authorizes the Jurisdictional City to issue a Stormwater Connection Permit for the project. If modifications occur after the issuance of this letter which create a violation of the Service Provider Letter,then the Permit becomes null and void. It is the responsibility of the Jurisdictional City to notify Clean Water Services of changes that effect the Service Provider Letter. Service Provider Letter Number: 12-001322 Date of Service Provider Letter: June 12,2012 Map and Tax LOt#: 1S127DD01200 Pl'ojeCt Name: Orchard Supply Hardware Developer/Applicant: S.D.Deacon Jurisdictional City: Tigard Comments: 1. City Final Plans to include manufacturers detaled data sheet for Storm Filter catch basins. 2. Cartridges require ZPG or Perlite filter media. 3. Includ2 call-out#4. B'so Sag In!et Pro±ect9on, on plan view for ESC plan sheet C2.0. 1200-CN Pe�mit conditions enclosed for automatic coverage under the local erosion control program. CONC�l}SION - - — The Gity, 'tn accepting this Author'tzation for permit,and authorizing construction of permitted activities,certifies that �II portions of thisproje�t have been designed to CWS Design and Construction Standards, R&O 07-20,and have Storm W ter Connection Permit authorized by: Date: >� 9/28/2012 Jackie Su u eys 10/Z:3/2U07 . ev pmen v eview or a r i i iv - y Hardware-09-28-2012 � �r�d .�.�.ppl� �-�rd�a.�� Cj, �� Pe� Number: 1200-CN � Expiration Date:November 30,2015 � �j I�i(�r�i Page 1 of 8 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER DISCHARGE PERMIT Oregon Department of Environmental Quality 811 SW Sixth Avenue, Portland OR 97204 Telephone: (503)229-5279 or 1-800-452-4011 (toll free in Oregon) Issued pursuant to ORS 468B.050 and Section 402 of the Federal Clean Water Act AUTOMATICALLY COVERED CONSTRUCTION ACTIVITIES SOURCES COVERED BY THIS PERMIT: •Construction activities are automatically covered under this permit if they meet the size criteria and are within the jurisdictions specified in Schedule A,Part L This includes: oConstruction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb one or more acres but less than 5 acres and may discharge to surface waters or conveyance systems leading to surface waters of the state; and o Construction activities including clearing, grading, excavation,materials or equipment staging and stockpiling that will disturb less than one acre that are part of a common plan of development or sale if the larger common plan of development or sale will ultimately disturb one acre or more and may discharge to surface waters or conveyance systems leading to surface waters of the state. This permit does not authorize the following: •In-water or riparian work,that is regulated by other programs and agencies including the Federal Clean Water Act Section 404 permit program,the Oregon Department of State Lands,the Oregon Department of Fish and Wildlife,the U.S. Fish and Wildlife Service,the U.S. Artny Corp of Engineers,the National Marine Fisheries Service and the Department of Environmental Quality Section 401 certification program. •Post-construction stormwater discharges that originate from the site after completion of construction activities and the site has undergone final stabilization. •Discharges to underground injection control(UIC) systems. � � ' I l`� Eff�cti��:T�e��n�bet� l,2Q10 �eif 1VI�►llane,trdministrator� �xpir�tion Taate: N�r��znt�er:��l,�O15 1�'at�r t�ualit}� llivision Neil Mullane,Administrator PERMITTED ACTIVITIES Until this permit expires, is modified or revoked,the owner/operator of an automatically covered activity is authorized to construct, install,modify,or operate erosion and sediment control measures and stormwater treatment and control facilities, and to discharge stormwater and certain specified non-stormwater discharges to surface waters of the state or conveyance systems leading to surface waters of the state in conformance with all the requirements, limitations,and conditions set forth in the permit including attached schedules as follows: � . �,'��.' ,;i , � ,� ��i'�, � '. i,"',: , . Permi mber: 1200=CN � ' � Expiration Date:November 30, 2015 � . Page 2 of 8 . . .�� ! : t , Contents SCHEDULE A CONTROLS AND LIMITATIONS FOR STORMWATER DISCHARGES................3 CONSTRUCTION ACTIVITIES WITH AUTOMATIC PERMIT COVERAGE..............................3 1. Disturbance Less Than 5 Acres.......:.......:....:...........:..........:...........................:.....:......................3 2. Disturbance Less Than 1 Acre......................................................................................................4 3. Performance Measures..................................................................................................................4 4. Authorized Stormwater Discharges...:...............:...........................................................................4 5. Authorized Non-Stormwater Discharges......................................................................................5 6. Limitations on Coverage..:............................................................................................................5 SCHEDULE�B MINIMLTM MONITORING AND RECORDKEEPING REQUIREMENTS...............6 1. Inspections.......................................................................:............................................................6 2. Recordkeeping.:....`.......................................................................................................................6 SCHEDULE D SPECIAL CONDITIONS.......................................................................:.......................7 1.� ,.Sfanclarii Coriditions...:......::.:::�:�..::. : . �� .: ' ��....:.................:..:.......7 ........................................... ................ � 2. Other Requirements......................................................................................................................7 3. Pernut-specific Definitions.....................................................................................................:.....7 � -�-.--. - . ._.. . . . .. , . -. -- -- ..,.- . .��ra., .... . . �- �. -._ . . . _.. ._ . .. . _.: . ( Pe. Number: 1200-CN ` Expiration Date:Noyember 30,2015 Page 3 of 8 SCHEDULE A CONTROLS AND LIlVIITATIONS FOR STORMWATER DISCHARGES � CONSTRUCTION ACTIVITIES WITIi AUTOMATIC PERMIT COVERAGE An owner or operator of construction activities described in this section does not need to submit an application for permit coverage to DEQ. �The construction activities meeting the conditions in Schedule A,conditions 1 and 2 are automatically covered under this permit,and aze authorized to discharge in accordance with Schedule A, conditions 3 through 6, if the construction activity does not have the potential to discharge to a portion of a waterbody that is listed for.turbidity or sedimentation on the most recently EPA-approved Oregon 303(d) list or that have an established Total Maximum Daily Load (TMDL) for sedimentation or turbidity(listings aze available at www.deq.state.or.us/WQ/assessment/assessment.htm). Registration with the Oregon DEQ is not required in these local jurisdictions because the jurisdictions already have construction stormwater programs that include plan review,ordinances, site.inspections and enforcement. Owners/operators � must comply with all applicable local code, ordinance and permit requirements.This permit does not impose . additional requirements on these jurisdictions.DEQ retains the right to require`registration(by the owner or operator)of construction activities in these jurisdictions in accordance with the 1200-C permit,when DEQ determines that registration is desirable to ensure protection of water quality. 1. Disturbance Less Than 5 Acres An owner or operator of construction activities that meet the conditions listed below automatically receives coverage under this permit. a. Either, � � i. The construction activities will disturb more than one acre but less than 5 acres over the life of the project; or • �� ' . ii. The construction activities will disturb less than 1 acre and are part of a common plan of 'deyelopment or sale that will'ultimately disturb one acre or more; and � b. The construction activities are within the following jurisdictions: ' � � i.Albany , ii. Corvalli's � ' . iii.Eugene iv. Milwaukie v. Springfield vi. West Linn vii.Wilsonville � . viii.Clackamas County Water Environment Services,within its two service districts: Clackamas County Service District#1 anii the Surface Water 1Vlanagement Agency of Clackamas County. ix. Clean Water Services,including: _ (1) Banks (2) Beaverton (3) Cornelius - (4) Durham (5) Forest Grove - (6) Hillsboro (7) King City (8) North Plains (9) Sherwood (10) Tigard (11) Tualatin (12) Washington County within the Urban Growth Boundary x. Portions of Lane County that are in Lane County's MS4 Phase II Permit area xi. Multnomah County(unincorporated portions of the county) Permi. .nber: 1200-CN Expiration Date:November 30, 2015 � Page 4 of 8 xii. Rogue Valley Sewer Services, including: . (1) Central Point � (2) Phoenix (3) Talent (4) Portions of Jackson County in Rogue Valley Sewer Services' MS4 Phase II Permit area 2. Disturbance Less Than 1 Acre An owner or operatoi of construction activities that meet the conditions listed below automatically receiv.es coverage under this permit. a. The construction activities will disturb less than 1 acre and are part of a common plan of development or sale that will ultimately disturb one acre or more; and ' b. The construction activities are within the following jurisdictions: i. Gresham ii. Troutdale _ . . . . iii. Wood Village 3. Performance Measures . a. An owner or operator of automatically covered construction activities must prevent the dischazge of significant amounts of sediment to surface waters or conveyance systems leading to surface waters. The following conditions indicate that significant amounts of sediment has left.or is likely to leave the site: i. Earth slides or mud flows; ii. Concentrated flows of stormwater such as rills,riwlets or channels that cause erosion when such flows are not filtered, settled or otherwise treated to remove sediment; iii. Sediment laden or turbid flows of stormwater that are not filtered or settled to remove sediments and turbidity; iv. Deposits of sediment at the construction site in areas that drain to unprotected stormwater inlets or to catch basins that discharge to surface waters. Inlets and catch basins with failing sediment controls due to lack of maintenance or inadequate design are considered unprotected; v. Deposits of sediment from the constructio_n site on any property(including public and private streets)outside of the construction activity covered by this permit. b.An owner or operator of automatically covered construction activities inust not cause or contribute to a violation of in-stream water quality standards. 4. Authorized Stormwater Discharges ' Sub'ect to com liance with the terms and conditions of this ermit and rovided that all necess � � p p , p ary controls are implemented to minimize sediment transport,the following stormwater discharges from construction , sites are authorized(unless otherwise prohibited by local ordinances): a. Stormwater associated with construction activity described in the"Sources Covered" section of the permit. b. Stormwater from support activities at the construction site(for example,concrete or asphalt operations, � equipment staging yards,material storage areas,excavated material disposal areas and borrow areas) provided: i. The support activity is directly related to the construction site covered by this NPDES permit; ii. The support activity is not a commercial operation serving multiple unrelated construction projects by different owners or operators; iii. The support activity does not operate beyond the completion of the construction activity at the last construction project it supports; and iv. Appropriate control measures are used to ensure compliance with discharge and water quality requirements. Pe�. Number: 1200-CN � Expiration Date:November 30,2015 Page 5 of 8 � 5. Authorized Non-Stormwater Discharges Subject,to compliance with the terms and conditions of this permit,and provided that all necessary controls �are implemented to minimize sediment transport,the following non-stormwater discharges from � construction sites are authorizecl(unless otherwise prohibited by local ordinances): a. Potable water including uncontaminated water line flushing(refer to DEQ guidance); b. Vehicle washing.that does not use detergents or hot�water; - c. External building wash down that does not use detergents or hot water; d. Pavement wash waters where stockpiled material, spills or leaks of toxic or hazardous materials have not occurred(unless all stockpiled and spilled material has been removed)and where detergents or hot water are not used; e. Construction dewatering activities(including groundwater dewatering and well drilling discharge associated with the automatically covered construction activity),provided that: i. the water is land applied in.a:way that results in complete infiltration with no potential to disctiarge to a surface water of the.state, or - ' ii. Best Management Practices(BMPs)or an approved treatment system is used to ensure compliance with discharge and water quality requirements; f. Foundation or footing drains where flows are not contaminated with process materials such as solvents; and g. Landscape irrigation. For other non-stormwater discharges, a separate permit may be needed. The disposal of wastes to surface waters or on-site are not authorized by this permit.The owner/operator must submit a sepazate permit application for such discharges. � 6. Limitations on Coverage � The following discharges are not authorized by this permit: ' a. Wastewater from washout and cleanout of stucco,paint, form release oils,curing compounds and other construction materials; b.Fuels,oils,or other pollutants used in vehicle and equipment operation and maintenance;and c. Soaps or solvents used in vehicle and equipment washing. , - - -• . < _ . - . . . . - - - . . . .. . . ... . .. . � , .-. �. s . . Perm; .mber: 1200-CN � Expiration Date:Novembei 30,2015 � Page 6 of 8 SCHEDULE B MIlVIMUM MONTTORING AND RECORDKEEPING REQUIItEMENTS 1. Inspections Inspections are required when construction will disturb one or more acres. a. The following must be inspected: i. Discharge point(s).Where discharge points aze inaccessible,nearby downstream locations must be inspected to the extent that such irispections are practicable. ii. BMPs. � iii.,Locations where vehicles enter or exit the site for evidence of off-site sediment tracking. iv. Areas used for storage of materials that are exposed to precipitation for evidence of spillage or other potential to contaminate stormwater runoff. , b. Inspect according to the following schedule: ........ ...... . , ,.,_ . ._ . . .. . . . _... - � -, - n �Site Conditiou � � � • ' Miniinum Freguericy��` �` '�" - " � � ��.. 1. Active period Weekly when stormwater runoff, including runoff from snow melt, is occurring. At least once every month, regardless of whether stormwater runoff is occurring. 2. Prior to the site becoming inactive or Once to ensure that erosion and sediment control measure are in anticipation of site inaccessibility in working order. Any necessary maintenance and repair must be made prior to leaving the site. 3. Inactive periods greater than fourteen Once every month. (14)consecutive calendar days � � 4. Periods during which the site is If practical,inspections must occur daily at a relevant and inaccessible due to inclement weather accessible discharge point or downstream location. c. Documentation of inspections. All inspections must be documented in writing as follows: i. Inspection date and inspector's name. ii. For each discharge location,record: (1) For turbidity and color,describe any apparent color and the clarity of the discharge,and any . appazent difference in comparison with the surface waters. �_(2)..Describe.any_sheen or-floating.material,or record that it-is absent. If present;it could=indicate� concern about a possible spill or leakage from vehicles or materials storage. iii. BMPs that failed or that need to be maintained,including erosion and sediment controls,chemical and waste controls,locations where vehicles enter and exit the site,status of areas that employ temporary or final stabilization control,soil stockpile area,and non-stormwater pollution(for example,paints,oils, fuels,or adhesives)controls. iv. Location(s)where additional BMPs are needed that did not exist at the time of inspection;and v. Corrective action required and implementation dates. 2. Recordkeeping a. Inspection Records Retained Onsite. All inspection records must be retained on site. During inactive periods of greater than seven(7)consecutive calendar days,the records must be retained by the owner/operator but do not need to be at the construction site. b.All inspection records must include owner/operator name and site address. c. Records must be delivered or made available to DEQ within three(3)working days of request. d.All inspection records must be retained by the owner/operator for at least three(3)years after project completion. Pe. Number: 1200-CN � Expiration Date: November 30,2015 Page 7 of 8 SCHEDULE D SPECIAL CONDITIONS 1. Standard Conditions Federal regulations require that the Standard Conditions at 40 CFR§122.41 be applied to all NPDES permits. You are required to comply with those Standard Conditions. In the event of any inconsistency between Schedules A through D and 40 CFR§122.41, Schedules A through D will apply. 2. Other Requirements This permit does not relieve the owner/operator from all other permitting and licensing requirements. Prior to beginning construction activities,the owner/operator must obtain all other necessary approvals. 3. Permit-specific Definitions a. Best Management Practices or BMPs means schedules of activities,prohibitions of practices, maintenance procedures, and other physical, structural or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment,systems, erosion and sediment control, source control, and operating procedures and practices to control site runoff, spillage or leaks, and waste disposal. b. Borrow Area means the area from which material is excavated to be used as fill material in another area. c. Clean YVater Act or CWA means the Federal Water Pollution Control Act enacted by Public Law 92- 500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq. d. Conveyance System means a sewer, ditch,or swale that is designed to carry water; or any combination of such components. e. DEQ means the Oregon Department of Environmental Quality. f. Dewatering means the removal and disposal of surface water or groundwater during site construction. g. Discharge Point means the location where stormwater leaves the site. It includes the location where stormwater is discharged to surface water or a stormwater conveyance system. h. Erosion means the movement of soil particles or rock fragments by water or wind. i. Fully Stabilized means the completion of all soil disturbing activities at the site by the owner/operator, � and the establishment of a permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions or geotextiles)to prevent erosion. j. Hazardous Materials means the materials defined in 40 CFR part 302 Designation,Reportable Quantities, and Notification. k. Local Jurisdiction means any county, city,town, or service district. 1. National Pollutant Discharge Elimination System or NPDES means the national program under Section 402.of the Clean Water Act for regulation of point source discharges of pollutants-to waters of the United States. m. Owner or operator means the owner or operator of any "facility or activity" subject to regulation under the NPDES program. Owners or operators may be individuals or other legal entities. Owners or operators of automatically covered construction activities are not permit registrants. Operator for the purpose of this permit and in the context of stormwater associated with construction activity,means any party associated with a construction project that meets either of the following two criteria: (1) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (2) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a ESCP for the site or other permit conditions(for example,they are authorized to direct workers at a site to carry out activities required by the ESCP or comply with other permit conditions). n. Pollutant as defined in 40 CFR§122.2 means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge(biosolids),munitions, chemical wastes, biological materials,radioactive materials, heat,wrecked or discarded equipment,rock, sand, soil, cellar dirt and industrial,municipal, and agricultural waste discharge into water. It does not mean sewage from vessels Perm� mber: 1200-CN ; Expiration Date:November 30, 2015 � Page 8 of 8 within the meaning of section 312 of the FWPCA,nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the FWPCA. � o. Pollution or Water Pollution as defined by ORS 468B.005(3)means such alteration of the physical, chemical or biological-properties of any waters of the state, including change in temperature,taste, color,turbidity, silt or odor of the waters, or such discharge of any liquid,gaseous, solid,radioactive or other substance into any waters of the state,which will or tends to,either by itself or in connection with any other substance,create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic,commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock,wildlife, fish or other aquatic life or the habitat thereof. p. Sediment means mineral or organic matter,typically deposited by water,air, or ice. . q. Site mean's the area where the construction activity'is.physically located or conducted. r. Stormwater Conveyance means,a sewer, ditch, or swale that is designed to carry�stormwater;a stormwater conveyance may also be ieferred to as a storm drain or storm sewer. � s. Stormwater as a'efined by 40 CFR�122.26(b)(13) means stormwater runoff, snow melt runoff,and surface runoff and drainage. t. S,urface Water means all water naturally open to the atmosphere(for example,rivers, lakes,reservoirs, ponds, streams, impoundments,oceans,estuaries, springs, etc.). . u. Total Maximum Daily Load or TMDL means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet state water quality standards. It is th�e sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. Percentages of the TMDL are � allocated by DEQ to the various pollutant sources, v. T,urbidity means the optical condition of waters caused by suspended or dissolved particles or colloids that scatter and absorb light rays instead of transmitting light in straight lines through the water column. Turbidity may be expressed as nephelometric turbidity units(NTUs)measured with a calibrated turbidity meter. � w. Underground Injection Control means any system, structure,or activity that is created to place fluid � below the ground or sub-surface(for example, sumps, infiltration galleries, drywells,trench drains, drill , holes,etc.) x. Water or Waters of the State as defined by ORS 468B.00S(8) means lakes,bays,ponds, impounding reservoirs, springs,wells,rivers, streams,creeks,estuaries,marshes,inlets,canals,the Pacific Ocean � within the territorial.limits of the State of Oregon and all othex bodies of surface or underground waters, � natural or artificial, inland.or coastal,fresh or salt,public or private(except those priyate waters which � do not combine or effect a junction with natural surface or underground waters),which are wholly or partially within or bordering the state or within its jurisdiction. Q MEMORANDUM G� Cc'�/*[�f�0 WRG Shaping ffie Future To: Gary Pagenstecher 5415 SW Wes�qate Drlve _ Associate Planner su�e too City of Tigard Por�and,oreyon s�z2t usa From: Pat Gaynor, RLA Landscape Architect PAone �sos►a�a2soo Fax (503�419-2600 Date: September 27, 2012 Project: Orchard Supply Hardware www.earonowrg.com Cardno WRG#: 21299730 Re: L1 Buffer along SW Scholls Ferry Blvd�SW Cascade Ave Gary, Per our conversation earlier today, I wanted to provide you with the justifications for the L1 buffer . modifications and assurances that perimeter screening plants will meet the required opacity. We originally spoke on September 20�'regarding insufficient buffer screening widths along Scholls Ferry. The 5' L1 buffer dimension was originally shown offset from the back of curb, rather than the car bumper overhang line. The buffer planting was modified to base off the bumper overhang • line and is reflected in the most recent plan set. The buffer shrub, Otto Luyken Laurel, is a dense evergreen shrub capable of shearing to a maintained height of 36". The 1 gallon plants are typically 24"+/-at the date of installation. These plants are�capable of g�owing 9"+ per year under well managed conditions. I'm confident that the free-form staggered layout will offer the greatest screening without redesigning to use a grid alignment or a double row of alternately staggered plants. I've included'pictures of the Otto Luyken Laurel and the other buffer shrub, Greenleaf Manzanita, for your reference. Please let me know if you have any additional questions or concerns regarding plant selection or the:L1 buffer design. Thank you, . . ., , ,• ,�;., , :;. . . .:• ..._ Pat Gaynor .- _ Cc: Jeff Shoemaker, Kevin Russell—Cardno WRG � Australia � Belgium • Indonesla • Kerrya • New Zealand • Papua New Gulnea United Arab Emuates • United Klrgdom • United Stetes • OperaUons In 60 Countries � ��..d ,�� • � 0 .� ,4 {� ' li�I I ' E _ � ` �� :! t� _ _ , � � � f /� � ' . �; ep��yltp��k�.'` " .. � � �•j��f`^ ` }�} k�,. ��j f41!//TTy�°. �� '�a�+� � ,.; �,,�'�,<<�� t� , ��,. . � �a , . !�; ;� .� �� ` � � r ° � r� �;�=�_�f '• ;��;�ti� ��. e �,�'. i�� i�� J.�`P \,1 19 � � ��. 1 1: s � �� `1�� y�' \ ti.� �.� � . � p �1,=i�� ' *�� 1. Q. r 1� � S'r e , /^1 t ��-�! . , 1�q)�� 4X y�^s� tx��4y�' r, ,� r\ � � f✓� ��U �''�� ,t �i� �a��.ti�L <f / �''!�� 1 T. . �_ �¢ y��i �,..;.; Y�. `� �7 ��Z}¢�./,��V�h �f1�i:'� t r .. 1� �M�� `� } � n;.7 i 1 r � _ ✓ ' ..�s � . , �i5 _ F� � �� , � � � � ^r i r'�•� Al9 4 n J / . �i�y d, 4 �� -. .. �. .. o /�. L � i ',� ! 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Please let us know if you need any additional information prior to signing off for buidling department approval. Thank you. Signature: C: AusUalia • Belgium • Indonesia • Kenya • New Zealand • Papua New Guinea United Arab Emirates • United Kingdom • United States • Operations in 60 Countries PRE - APPLICATION CONFERENCE NOTES /2'1 A- r `2 /E" atru-M /Z 11 D�N�efoN m �- ?h i/44 '.4 • iJ got J W v / (rvp,/Z) • CITY OF TIGARD 9 PRE- APPLICATION CONFERENCE NOTES 111 (Pre- Application Meeting Notes are Valid for Six (6) Months) TIGARD PRE -APP. MTG. DATE: March 22. 2012 STAFF AT PRE -APP.: GBP /CD m w/,DA n1 NON- RESIDENTIAL APPLICANT: Orchard Hardware AGENT: Mathew Reid Phone: Phone: (408- 281 -3500) PROPERTY LOCATION: ADDRESS /GENERAL LOCATION: 10031 SW Cascade TAX MAP(S) /LOT #(S): 1S127DD TL 01200 NECESSARY APPLICATIONS: Minor Modification (MMD) of a use permitted outright in the MUC zone. PROPOSAL DESCRIPTION: Reuse of an existing building (Ultimate Electronics) by Orchard Hardware for retail hardware and accessory nursery sales. COMPREHENSIVE PLAN MAP DESIGNATION: Mixed Use Commercial ZONING MAP DESIGNATION: MUC ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 520) MINIMUM LOT SIZE: none sq. ft. Average Min. lot width: none ft. Max. building height: 200 ft. Setbacks: Front: 0 ft. Side: 0 ft. Rear: 0 ft. Corner: 0 ft. from street. MAXIMUM STT'E COVERAGE: 85 %. Minimum landscaped or natural vegetation area: 15 %. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout)THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INT'ERESI'ED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. • NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. ❑ IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE CITY OF TIGARD Pre - Application Conference Notes Page 1 of 8 NON - Residential Application /Planning Division Section IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. • ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses:1 /2. Minimum access width:50730'. (100+ parking spaces) Minimum pavement width:40724'. All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive -in use queuing areas: NA. ® WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi - building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. �] SPECIAL SETBACKS (Refer to Code Chapter 18.730) D STREETS: feet from the centerline of D LOWER IN TENSITY ZONES: feet, along the site's boundary. ➢ FLAG LOT: NA I I SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non - residential zone may be built to a height of 75 feet provided that: ► A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ► All actual building setbacks will be at least half ('/2) of the building's height; and ► The structure will not abut a residential zoned district. • BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: all parking areas. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 8 NON - Residential Application /Planning Division Section Z LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six (6) feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. ® RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a dear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at (503) 625 -6177. < PARKING (Refer to Code Section 18.765.040) REQUIRED parking for this type of use: min:3.7 x 40 = 148 spaces: max: 5.1 x 40 = 204 spaces Parking SHOWN on preliminary plan(s):160 (including 6 ADA). SECONDARY USE REQUIRED parking Nursery is an accessory use: no additional parking required. Parking SHOWN on preliminary plan(s):6. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND /OR DIMENSIONED AS COMPACT SPACES. 41 compact spaces proposed or 25% (41/160). PARKING STALLS shall be dimensioned as follows: • Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: • All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, is mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. • BICYCLE RACKS ARE REQUIRED FOR MULTI- FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ® LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. ® BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI- FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. 0.3/1,000 required for retail sales. .3 x 40 = 12 bike parking spaces. CITY OF TIGARD Pre Application Conference Notes Page 3 of 8 NON - Residential Application /Planning Division Section I I SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100 -YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.080.C) • When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ® CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R &O 07 -20 /USA Regulations - Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL /RESOLUTION & ORDER 07 -20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA 4 CORRIDOR PER SIDE ♦ Streams with intermittent flow draining: <25% I 10 to <50 acres 15 feet I >50 to <100 acres 25 feet ♦ Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year -round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% I 10 to <50 acres 30 feet I >50 to <100 acres 50 feet ♦ Existing or created wetlands >25% Variable from 50 -200 feet. Measure in 25- ♦ Rivers, streams, and springs with year -round flow foot increments from the starting point to ♦ Streams with intermittent flow draining >100 acres the top of ravine (break in <25% slope), ♦ Natural lakes and ponds add 35 feet past the top of ravine 4 Starting point for measurement = edge of the defined channel (bankful flow) for streams /rivers, delineated wetland boundary, delineated spring boundary, and /or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river /stream or wetland vegetated corridor, shall not serve as a starting point for measurement. 5 Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6 The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the lop of ravine. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 8 NON - Residential Application /Planning Division Section Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R &O 07 -20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. El TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre - application conference packet) A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). THE TREE PLAN SHALL INCLUDE the following: • Identification of the location, size and species of all existing trees including trees designated as significant by the City; • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: I Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; I Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; I Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed; and • A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. CITY OF TIGARD Pre - Application Conference Notes Page 5 of 8 NON - Residential Application /Planning Division Section ri ❑ MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: I The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN -LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. ® CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road /driveway, road /railroad, and road /road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. n ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15- foot -wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS ❑ 18.330 (Conditional Use) ❑ 18.620 (Tigard Triangle Design Standards) 18.760 (Nonconforming Situations) El 18.340 (Directors Interpretation) 18.630 (Washington Square Regional Center) ® 18.765 (Off- Street Parking/Loading Requirements) TI 18.350 (Planned Development) n 18.640 (Durham Quarry Design Standards) ❑ 18.775 (Sensitive Lands Review) ® 18.360 (Site Development Review) 18.705 (Access/Egress/Circulation) ® 18.780 (Signs) n 18.370 (Variances/Adjustments) ❑ 18.710 (Accessory Residential Units) ❑ 18.785 (Temporary Use Permits) ❑ 18.380 (Zoning Map/1'ext Amendments) ❑ 18.715 (Density Computations) ❑ 18.790 (Tree Removal) ❑ 18.385 (Miscellaneous Permits) ❑ 18.720 (Design Compatibility Standards) ® 18.795 (Visual Clearance Areas) ® 18.390 (Decision Making Procedures/Impact Study) ® 18.725 (Environmental Performance Standards) El 18.798 (Wireless Communication Facilities) ❑ 18.410 (Lot Line Adjustments) El 18.730 (Exceptions To Development Standards) ® 18.810 (Street & Utility Improvement Standards) n 18.420 (Land Partitions) El 18.740 (Historic Overlay) ▪ 18.430 (Subdivisions) ❑ 18.742 (Home Occupation Permits) ❑ 18.510 (Residential Zoning Districts) 18.745 (Landscaping & Screening Standards) ® 18.520 (Commercial Zoning Districts) ❑ 18.750 (Manufactured/Mobil Home Regulations) ❑ 18.530 (Industrial Zoning Districts) ® 18.755 (Mixed Solid Waste /Recyding Storage) CITY OF TIGARD Pre - Application Conference Notes Page 6 of 8 NON - Residential Application /Planning Division Section . ADDITIONAL CONCERNS OR COMMENTS: Zoning District The subject site is located in the Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed -use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. Sales Oriented Retail Sales Oriented Retail is an allowed use in the MUC. Sales Oriented Retail firms are involved in the sale of new products to the general public with office and storage uses allowed as accessory uses. Outdoor Sales Outdoor Sales (e.g. lumber yards and nurseries) are not allowed in the MUC. However, limited outdoor or partially enclosed sales areas are allowed when clearly incidental and accessory to retail uses selling hardware and home improvement supplies. Pursuant to TDC18.130.060.N.4.d, the proposed 5,393 square foot nursery addition would be permitted as an accessory use. Washington Square Regional Center Design Standards Pursuant to TDC 18.630.020.B, existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject the provisions of Section 18.630.030 (up to 20% expansion with substantial compliance with code; expansion >20% must be in compliance with the code). Minor Modification Review (MMD) The applicant's narrative must address the threshold changes in Section 18.360.050.B and all of the applicable standards and criteria in Title 18, including those chapters checked above in the pre - application conference notes. 18.360.060 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030.B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050.B. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. PROCEDURE Administrative Type I Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The CITY OF TIGARD Pre Application Conference Notes Page 7 of 8 NON - Residential Application /Planning Division Section Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8 x 11 ". One, 81/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10 -day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard City Council. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on -site by the applicant no less than 10 days prior to the public hearing. This PRE- APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre - application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT T HE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE - APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE - APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: G. Pa. -nstecher Associate Planner C;15 3 - 2.2 - 1L CITY OF TIGARD PLANNING DIVISION PHONE DIRECT: 503 - 718 -2434 FAX: 503 - 624 -3681 EMAIL: garb @tigard - or.gov CITY OF TIGARD Pre - Application Conference Notes Page 8 of 8 NON - Residential Application /Planning Division Section TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard - or.gov CITY OF TIGARD Pre-Application Conference Notes Page 9 of 8 NON - Residential Application /Planning Division Section PRE - APPLICATION CONFERENCE NOTES � • ➢ DEVELOPMENT ENGINEERING 1 IGARD City of Tigard. Oregon (ommumty Development Shaping )1 Better Community PUBLIC FACILITIES Tax Maids): 1S1210001200 Orchard Supply Tax Lofts): 1200 Use Type: MUC The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of -way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right -of -way dedication for: ® SW Cascade Avenue to 43.5 feet from centerline of right -of -way (87 feet total ROW) SW to feet j I SW to feet SW to feet Street improvements: (Subject to rough proportionality) Fj Half street improvements will be necessary along SW Cascade Avenue to include: ® 29.5 feet of pavement from centerline to face of curb (11 -foot travel lanes, 8 -foot parking and bike lanes) ® concrete curb ® 5 -foot planter exclusive of curb ® storm sewers and other underground utilities ® 14 -foot concrete sidewalk ® street trees CITY OF TIGARD Pre - Application Conference Notes Page 1 of 5 Development Engineering Z street signs, traffic control devices, streetlights and a two -year streetlight fee. ® Other: Pavement tapers as needed 18.730.040 Additional Setback Requirements: This section sets requirements for additional setback distance from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right -of -way width less than required by its functional classification on the city's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one -half of the projected road width as shown on the transportation map. This would be applicable if ROW was not dedicated along Cascade Avenue. The current ROW on Cascade is 55 feet. Widening to the ultimate ROW of 87 feet would require 16 feet on the property frontage. Any setback shall be measured from the ultimate ROW for Cascade Avenue. Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, if approved by the City Engineer, a fee in -lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in -lieu is approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. Pay fee -in -lieu of undergrounding for approximately 622 lineal feet of power line frontage along Cascade Avenue. Estimated total: $35 x 622 feet = $21,770. Sanitary Sewers: The existing site is already connected to sewer. Water Supply: The City of Tigard provides public water service in this area. This site is already connected to water. Coordinate with the City of Tigard for information regarding adequate water supply for the proposed development. Fire Protection: Tualatin Valley Fire and Rescue District [Contact: John Wolff, 503 - 259 -1504] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 5 Development Engineering Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub -basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Provide a plan that shows how the storm drainage system for the site connects to the public system. Storm drainage plan and calculations shall be submitted with the application for it to be considered complete. Storm water detention is required. Storm water detention facilities must be reviewed and approved by the city. Storm water detention calculations shall be submitted to the Development Engineer for review and approval. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00 -7) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in- lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ® Construction of an on -site water quality facility. ❑ Payment of the fee in -lieu. Water quality treatment is required. Calculations for sizing of water quality treatment facilities must be submitted to the Development Engineer for review and approval. Water quality facilities also must be reviewed and approved by the city. Review and comply with provisions of Chapter 4 Clean Water Services Design and Construction Standards (Runoff Treatment and Control). Table 4 -1 of Clean Water Services Design and Construction Standards applies (see attached table). Other Comments: Water quality and detention facility design and construction must be certified by a professional engineer as meeting Clean Water Services requirements. After completion of the construction of these facilities, the applicant shall enter into an agreement with the city on city- furnished forms for long -term maintenance of the facilities. This agreement will be recorded and city staff will be periodically inspecting the facilities for compliance with the terms of the agreement. TRANSPORTATION DEVELOPMENT TAK In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT program collects fees from CITY OF TIGARD Pre - Application Conference Notes Page 3 of 5 Development Engineering new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single - family home. Pay TDT as required. PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right -of -way in the City of Tigard requires a PFI permit from Development Engineering. A PFI permit application is available at the Planning /Engineering counter in the Permit Center at City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The PFI permit application shall include any on -site water quality and detention facilities that may be required as part of the land use approval. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer /Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Division. A PFI permit is required for this project. This permit must be obtained before any work begins on site. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503 - 639 -4171, ext. 304. Site Improvement Permit (SIT). This permit is generally ( ) P 9 Y issued for all new commercial, industrial and multi - family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi - family buildings. It covers all work necessary for building construction, including sub - trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant CITY OF TIGARD Pre - Application Conference Notes Page 4 of 5 Development Engineering to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. PREPARED BY: oil C DEVEMENT ENGINEER DATE Phone: [503)118 -2410 Fax [5031118 -2148 Revised: September 2011 CITY OF TIGARD Pre - Application Conference Notes Page 5 of 5 Development Engineering TABLE 4 -1 IMPERVIOUS AREA REQUIRING TREATMENT ON REDEVELOPMENT SITES Existing Existing Impervious Impervious Area Required Impervious Area on Area Disturbed by to Treat Site Redevelopment < 5,280 sq.ft. < 100% No new treatment required > 5,280 sq.ft. and < 1,000 sq.ft. No new treatment required < 0.5 acres > 1,000 sq.ft. 100% of impervious area < 1,000 sq.ft. No new treatment required Disturbed impervious area >1000 sq.ft. and < 25% + 25% of undisturbed > 0.5 acres and impervious area < 5 acres Disturbed impervious area > 25% and < 50% + 50% of undisturbed impervious area > 50% 100% of impervious area Disturbed impervious area < 50% + 50% of undisturbed > 5 acres impervious area > 50% 100% of impervious area 4.05.6 Water Quality Volumes and Flows a. Water Quality Storm The water quality storm is the storm required by regulations to be treated. The storm defines both the volume and rate of runoff. The water quality storm is defined in subsection 4.05.4 (d). b. Water Quality Volume (WQV) The WQV is the volume of water that is produced by the water quality storm. The WQV equals 0.36 inches over the impervious area that is required to be treated as shown in the formula below: Water Quality Volume ( cu.ft) = 0.36 (in.) x Area ( sq.ft.) 12 (in. /ft.) c. Water Quality Flow (WQF) The WQF is the average design flow anticipated from the water quality storm as shown in the formulas below: Water Quality Volume (cu.ft.) Water Quality Flow (cfs) = 14,400 seconds R &O 07 -20 RUNOFF TREATMENT AND CONTROL June 2007 Chapter 4 - Page 11 i wi g Tualatin Valley Fire & Rescue March 22, 2012 City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re: PRE 2012 -00004 Orchard Supply Hardware Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Based on the information provided for review Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) ADDITIONAL ACCESS ROADS — COMMERCIAL: Where buildings exceed 30 feet in height or three stories in height shall have at least two separate means of fire apparatus access. Buildings or facilities having a gross area of more than 62,000 square feet shall be provided with at least two separate means of fire apparatus access. Buildings up to 124,000 square feet provided with fire sprinklers may have a single access. (OFC D104) Building height is not specified in plans provided. 2) AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. (OFC D105) Building height is not specified in plans provided. 3) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. (OFC D103.1) Fire hydrants are not shown on the plans provided. 4) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 5) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. (OFC 503.2.4 & 103.3) Turning radius information is not provided on plans provided. 6) PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background. (OFC 503.3) 7) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less as calculated using IFC, Appendix B. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (OFC B105.3) Please provide a current fire flow test of the nearest fire hydrant demonstrating available flow at 20 psi residual pressure as well as fire flow calculation worksheets. Please forward copies to TVF &R and City of Tigard. Fire flow calculation worksheets as well as instructions are available on our web site at www.tvfr.com. 8) FIRE HYDRANTS — COMMERCIAL BUILDINGS: Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the building, on -site fire hydrants and mains shall be provided. This distance may be increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler system. (OFC 507.5.1) Fire hydrants are not shown on plans provided. 9) FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Appendix C, Table C 105.1. Considerations for placing fire hydrants may be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the fire code official. 10) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (OFC C102.1) 11) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (OFC 510.1) 12) PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6) 13) CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) 14) FIRE HYDRANT /FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100 feet of a fire department connection (FDC). Fire hydrants and FDCs shall be located on the same side of the fire apparatus access roadway and or drive aisle. FDCs shall normally be remote except when approved by the fire code official. Fire sprinkler FDCs shall be plumbed to the fire sprinkler riser downstream of all control valves. Each FDC shall be equipped with a metal sign with 1 inch raised letters and shall read, "AUTOMATIC SPRINKLERS OR STANDPIPES" or a combination there of as applicable. (OFC 912.2) 15) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1) 16) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (OFC 506.1) 17) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a 1 inch stroke. (OFC 505.1) 18) FIRE DEPARTMENT ACCESS TO EQUIPMENT: Fire protection equipment shall be identified in an approved manner. Rooms containing controls for HVAC, fire sprinklers risers and valves or other fire detection, suppression or control features shall be identified with approved signs. (OFC 509.1) If you have questions or need further clarification, please feel free to contact me at 503 - 259 -1500. Sincerely, i r y oh.n, wog John Wolff Deputy Fire Marshal II Copy: 41 Thursday February 2012 March 2012 April 2012 M T W T F S S M T W T F S OCEIZIE 4 1 2 3 1 2 3 4 5 6 22 123 2 13 14 1 6 7 8 9 10 11 4 5 6 7 8 9 10 3 8 9 10 11 12 13 14 15 16 17 18 11 12 13 14 15 16 17 ' 15 16 17 18 19 20 21 1 20 21 22 23 24 25 " 18 19 20 21 22 23 24 22 23 24 25 26 27 28 March 2012 27 28 29 25 26 27 28 29 30 31 29 30 Day 82, 284 Left Week 12 Appointments 8 00 30 9 00 30 10' 30 11 00 Orchard Supply Hardware Matthew Reid 408 - 281 -3500 10031 SW Cascade Conference Room #1 30 12 PM 30 1 00 30 I I 2 00 30 3 00 30 4 00 30 5 00 30 3/8/2012 10:45 AM 1 /1 Shirley RECE /ED MAR 0 8 2012 • City of Tigard I CITY O F TIGARD Pre- Application Conference Re Ue NNING /E NGINEERING TIGARD GENERAL INFORMATION �� FOR STAFF USE ONLY Applicant: O 1D� � c Case No.: PIZ 90(� 0000 AddressL s U (C ovD Phorl 40 074s 1 Receipt No.: ( kg - k 140 A- Zi :15 `/� Application Accepted By: 5 • Tte -�f �" ` A / ` 4 0 l tr i - n Date: 31e/12- � 1' Contact Person: " Phone: iJU�IJ 1PA* J � DATE OF PRE -APP.: 3l Property Owner /Deed Holder(s)t4, rciA.Asa _ TIME OF PRE -APP.: t' 1(1) C i{/il fCjn �� i 7 PRE APP. HELD WITH: V YY I �t.V 1 I�t t2 ZIP � IMO � °� Rev. r/ Address: Phone: VOX �Q7Q delf i \curp1nln \ masters \land use applications \Pre -App Request App.doc City: .4^V U t lte n t C/^ Zip: C tNitt " 1120 Property Address/Location(s): 0 . \ 5( ) REQUIRED SUBMITTAL ELEMENTS pit 01'7223 (Note: applications will not be accepted J > 1^ � ✓ "� without the required submittal elements) Tax Map & Tax Lot #(s): ❑ Pre - Application Conf. Request Form Zoning: 4 f 6 COPIES EACH OF THE FOLLOWING: / ❑ Brief Description of the Proposal and any Site Size: 3 . b t � 1 oe..,Ace)s . site - specific questions /issues that you would like to have staff research prior to the meeting. PRE - APPLICATION CONFERENCE INFORMATION ❑ Site Plan. The site plan must show the All of the information identified on this form are required to be submitted by proposed lots and /ox building layouts drawn the applicant and received by the Planning Division a minimum of one (1) week to scale. Also show the location of the prior to officially scheduling a pre- application conference date /time to allow subject property in relation to the nearest streets; and the locations of driveways ample time to prepare for the meeting. riveways on the subject property and across the street A pre- application conference can usually be scheduled within 1 -2 weeks of the ❑ Vicinity Map. Planning Division's receipt of the request for either Tuesday or Thursday ❑ The Proposed Uses. mornings. Pre - application conferences are one (1) hour long and are typically held between the hours of 9:00 -11:00 AM. ❑ Topographic Information. Include Contour Lines if Possible. PRE - APPLICATION CONFERENCES MUST BE SCHEDULED IN PERSON AT THE COMMUNITY DEVELOPMENT COUNTER ❑ Filing Fee $605.00 FROM 8:00- 4:00 /MONDAY - FRIDAY. IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE PRE - APPLICATION CONFERENCE IN YOUR GROUP, PLEASE INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. �•. r.-r+ r i w n. nr rzv. rr n ri i .n- t r.r n�..nn ri.n -re n � � _ •_- `:''' Orchard Orchard Supply Hardware 6450 Via Del Oro San Jose, CA 95119 408 - 281 -3500 SUPPLY 114ROWP March 7, 2012 RECE'JED City of Tigard MAR ©S 012 13125 SW Hall CITY OF T! CA iD Tigard, OR 97223 PLANNING /ENGINEERING Re: Pre - Application Meeting Request for the site: 10031 SW Cascade, Tigard, OR 97223 Dear: Pre - Application Committee, We are pleased to submit the following items for your review and /or comment for a Pre - Application Meeting regarding the subject site. Enclosed are as follows: 1. Site Plan 2. Location /Vicinity Map 3. Proposed Use 4. Application Request Form 5. Application Fee Our new Orchard Supply Hardware Store will total approximately 45,000 square feet. Our attached preliminary site plan indicates a small additional for use as an indoor /outdoor nursery. The remaining portion of the building would be divided into various retail types of uses, back of house, storage, office, etc...similar to what you might expect in a retail location. Per our previous meeting, the issues which we need your help is primarily the additional square footage added to the building and therefore the additional parking required to support that square footage. As you can see, we are planning for that additional area to consist of indoor /outdoor displays and merchandising of planting and nursery items, thereby minimizing its impact to the parking requirement. We look forward to meeting with your to discuss our 1st Orchard Supply Hardware location in Oregon. Thank you, P Matthew Reid '58 7 3 0 S Orchard Supply Hardware 3 C w ITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 185840 - 03/08/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE2012 -00004 Pre - Application Conference 100 - 0000 -43116 $527.00 PRE2012 -00004 Pre - Application Conference - LRP 100-0000-43117 $78.00 Total: $605.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 68138 STREAT 03/08/2012 $605.00 Payor: OSH Total Payments: $605.00 Balance Due: $0.00 Page 1 of 1 Gary Pagenstecher From: Albert Shields Sent: Monday, March 12, 2012 4:37 PM To: Gary Pagenstecher; Gus Duenas Cc: Ron Bunch; Susan Hartnett; Mark VanDomelen; Tom McGuire Subject: Orchard Hardware, PRE2012- 00004, TDT and previous missing TDT Our upcoming Pre -App for Orchard Hardware raises some interesting questions, like: 1. What happened to the TDT when the property use changed from Furniture Store to Electronics Superstore in 2010? 2. Since we overlooked charging TDT in 2010 should we charge the new developer as if the previous use never existed or should we calculate the charge as if the previous use paid the eariler TDT? 3. How should we treat the proposed addition of +/- 4,000 sq. ft. of outdoor nursery? No charge for a non - structure or charge at the Nursery rate as a material addition to the facility? In 2010 under BUP2010- 00096, Ultimate Electronics converted what had been a "Furniture Store" to an "Electronics Superstore" (according to the TDT categories.) No TDT was paid under the BUP, perhaps because the work was done as a TI and no one noticed the change of use or, perhaps, no one realized that the change from furniture to electronics was chargeable. But the TDT revenue missed was substantial: appx. $250,838. (See the "Calculate Electronics column below.) We've been doing very well recently in checking TI 's for change of use but it would be well for all to recognize that a change from "retail to retail" does not provide sufficient detail to waive TDT and that a change from one identified TDT category to another constitutes a chargeable change of use for TDT purposes. This leaves us with the question of how to calculate the TDT now due from Orchard on their project. If we skip the never - assessed Ultimate Electronics TDT as if it never applied, a total of $164,615 would be due for the new Orchard Hardware use (see the "Skip Electronics column below.) On the other hand, Ultimate did convert the building and if we had charged the TDT due from Ultimate Electronics there would now be zero TDT due from Orchard Hardware because the "Home Improvement Superstore" rate is lower than that for "Electronics Superstore," (see the "Count Electronics column below.) The bottom line question is whether we should: A. Assess no TDT against Orchard because the increase from "Furniture Store" should have been paid by the previous Ultimate Electronics development; or B. Assess TDT against Orchard as if the Ultimate Electronics conversion never happened because we failed to collect TDT at that time. In my opinion, Doing the Right Thing calls for A: no TDT for Orchard Hardware. Calculate Skip Count Existing space: 41,000 sq ft. Electronics Electronics Electronics Furniture Store ($1,295/ksf) $53,095. $53,095. Electronics Superstore ($7,413/ksf) $303,933. $303,933. Increase not recovered in 2010 $250,838. Home Improvement Superstore ($5,310 /ksf) $217,710. $217,710. Increase for Home Improvement use $164,615. ($86,223.) 1 Lastly, Orchard is apparently planning to add appx. 4,000 sq. ft. for outdoor nursery sales with some or all of that area having a retractable roof. We consider that the addition of 4,000 sq. ft. is material and should be charged TDT but that it should be charged at the Nursery rate. Additional Space: 4,000 sq. ft. Nursery ($7,644/ksf) $30,576. $30,576. Total TDT for proposal $195,191. ($55,647.) = 0 TDT Please let me know if you have any questions or feel that this should be handled differently. Albert. DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 '' 17: l�L TOPOGRAPHY MAP � R , `, G i I t ' ` QO �/ Dom/ �g�9�:(,l f� 1 ry Q ' r i .41,;;; I E ..0\ / 4 1 l 1 1 Ron non .1 l i I — ', , il , iv Ili j 1`. "), i ' 1 1 1 / t _kr I 1: \ z (-.....„---: / I .. , 4 i 7,,,,i) -! }I IIII � � t . 11 -. r ,, F. 5 I� _ 1 � , . \ tp i . �!. b I ` ` 4 __ \ 't \\ y 5 Ft Contours ( t z p/ t 1 � j i r �— ' 1�1 t � 5 e S 4''`� \ III -,,, ti _� v / , ' ----, \ 'i A .., . Yr:\ \ '- \ \ \ > 1s " \\''.\ �. ,, 5 15' r --- -- 1 '1 .T , ` CP ',) -, _ ) \\ '-"" '',:\ 4, 4 – p 10 1 reI l`\\\,_/ 4. . 1 1 11 fl‘ l \ _ f � , a." . " , \ /l `��' �', Map printed at 11.52 AM on OS- Mar -12 - ..__.. i_ T , 40.s 4 f 15,i _ ,? u (/ 5 1 ) • \ l \ i\ - DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD 1' ' / f! ` I , \ MAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE \ �• CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF k f THE DATA PROVID HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LJA& �1---' 1---' 5 ` y f _ LITY FOR ANY ERRORS. OMISSIONS, OR INACCURACIES IN THE k 5 +++555 f `. ` :1 .' INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. . f � ' – ° ff City of Ti and i �± \ 1 .11 7 Feet �' p 13125 SW Hall Blvd L –,1 ` 4 ti j T� �i i miir Tigard, OR 97223 • C C C - ., ✓ ` �� 503 639 -4171 • 1 � - ti W NW.tigard- or.gov ■_.,/1V I IJ:V. II MI-) JI ILL I IJ IVJ I JU XYL I 1 1) M I \LULJJLU r1 \11V I SITE PLAN NOTES i GQ ...s /� / Q PROPOSED ADDITION (OPEN NR NURSERY). 'i t++ Q 2 EXISTING BURRING. 0 Q NEW PEDESTRIAN PATH (5' MIN. CLEAR) t q W 3" PARKING OVERHANG g i OS PAINTED PARKING STRIPING PER CITY STANDARDS. 3 E © NEW ASPHALT PAYED OR SLURRY SEAL OVER EXISTING ASPHALT a o Q LANDSCAPING. € e \,C.) QB YE OECORAT PAVING g & O EW 5 BIKE STALL E W C a y�� \ PROJECT DATA: S TOTAL 9 E AREA 3.64 AC (156,380 SF) b BUILDING AREA: / T.__,.................. i ii : i: \ AREA OF EXISTING BUILDINGS : 40,000 SF O PROPOSED ADDITION (OPEN NR NURSERY): 5,393 SF o / \ - OT AL BUILDING AREA. 45,393 SF s • V O �NG R iOpTPRINT 45.393 Si `^ ? \ E LANDSCAPE AREA: 39695 SF m ` • - NEW LANDSCAPE ARE m . PERCENTAGE OF LANDSCAPE COMP ABED TO EXISTING. 90.8 5 ( 9.25 LOS - - \ LANDSCAPE RATIO (PERVIOUS) 36.055 SF 234 _� 1 - \ I \ HDSCE RATIO: 485 a n Z 0. -j , (� o \ PANNING: H B ` ENKE STALLS - \ N ��' TOTAL PARKING REO'D SALES 3.7/1000( 148 STALLS S ' O _ TOTAL. PARKING REO'D OUTDOOR SALES I /1000): 6 STALLS 111111 , . ; TOTAL PARKING REO'0: 5 STALLS 154 STALLS / TOTA PARKING PROVIDED: EC h \ \ STANDARD STALLS 1I3 STALLS i \O // p O ^ ACCESSIBLE STALLS: 6 STALLS COMPACT STALLS. 41 STALLS v TOTAL STALLS 160 STALLS fil • • O I p \ \ 5 -6 0 ^ p 17:n SITE LEGEND 24 EN b \ 7Q PROPERTY UNE, SEE CIVIL DRAWINGS. o \ r n 110 ® © \ � EXISTING PARKING UGHT FIXTURE SINGLE HEAD 01 0 Do — K LL O • r 'y Ill CONCRETE TRANSFORMER �� e O O R PAD a e� J LL 39 .00 ISI 59 O ee e 7 J /1,. 111(II - , a, '•~ r.. i :� i \� � 11 I L// 7 7 1 j� STAFIRE TIMING RADIUS. (HATCHED) o w A \•"•• / p O NRKING SLL 4' A (((997-l-0:'::1113818:-1-66))) 6' 8 I� • O STANDARD PMKING STALL FOR FOR 25' AISLE SLF y i Z \ �: I I STAND D P STA FOR 26 ASLE J O STANDARD PARKING STALL FOR 28' AISLE (8' -6 . I8' -6 - ) .- •INCLUDING 3 FT OV / •� J \ •> ® ERHANG < / 9 O 11 BI'/ '• .♦ice 112 -5 AI x 16 y \/ 10 COMPACT PAINING STALL FOR AISLE (8' -0' ' -8') Z • Mg O COMPACT PARKING STALL FOR 25' AISLE (7-9 x 16' -8') a Q ll - -.1 I p I W COMPACT PARKING STALL FOR 28' AISLE (7' -6 x 16' -6 -) A /\/ c ` J o LL • TO BE MARKED 'COMPACT - I Li � Q -- • INCLUDING 3 FT OVERHANG l ^ v/ _ • EXISTING BUILDING p I \ W F-- 40,000 V I . O I \ \ \\ LOADING ZONE I r 2 24' -0' I ACCESSIBLE PATH OF TRAVEL 1:20 MAX. SLOPE. _ - 2% MAX. CROSS SLOPE, SEE CIVIL DRAWINGS. w L PARKING 5 BIKE PARKING STALLS. O OPEN AIR t3 -8 t5' -6- ,5' -D' € 0 VAN PARKING STALL WITH SIGNAGE _ LT,' O 5,393 Sf i O f � ® ® ACCESSIBLE PARKING STALL H SICNAGE. 1 104' -8 I /2' / ' 'r TRASH ENCLOSURE ,- WW 5]' -5" 'NOTE A MINIMUM OF 1 FOOT CANDLE SHALL BE ACHIEVED / '` THROUGHOUT 1HE PAVED PIIBUC AREAS OF THE SITE. g 77' -10 \ - ti Q] PROVIDE 5. DISABLED PARKING SPACES 2007 CBC (TABLE 1IB -6) 3 rc • i m Total NO. of parking Told Grs NO of cMed g q / 15 6 m= ■ / • f ... epxee provided spaces required d IB' -6' ® 25 . ` j O O 28 -50 2 W v ! 51 -75 3 .1 Z 3 � fir - 76 -100 4 O n /J, 101 -I50 5 . i a 1 7 _ _ %� 151 -200 6 F I — 201 -300 ] Cl) '•-- • 301 -400 8 �' • I 401-500 9 I 3 O 501 -1000 2% of total 'g Pi 1001 B over 20+1 for ea. 100 or frac. 2 ; Nara over 1001 S ° o RECEIVED g a MAR 16 2012 g PAPA DRAM BY. cadd JOB NO.: SITE PLAN CITY OF TIGARD n SHEET SCALE: , =20 -0 p3 ('�' PLANNING /ENGINEERING A1.1 rt A P B 0 f P— .0,000 f l • M'. \JObs12 \Oppidan \SNR12- 0011- 00_Orchord_ Tigard \Cad \DD \PLANNING \Drowing4.dwg 1 1 ! 1 X I lk\ 11 a = , . � 9 1 == 1 m D m H m 0 m l sm A D O Z I �o 1111111H m g 9 Y A F < - V F I > _ O Z Z r P m C C. C 3 f` L THESE DRAWINGS AND SPEaF1CAPONS ARE THE PROPERTY AND COPYRIGHT OF WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOBLE OF WARE MALCOMB PRIOR TO TIE COMMENCEMENT OF ANY WORK. EXTERIOR ELEVATIONS g 03 PENEW °DATE REM, ORCHARD SUPPLY planning civil engineering interiors BTRPHFR 9770 SOUTHWEST SCROLLS FERRY ROAD 2400 minim ramon. smite 390 WARE Mt1LCOMB Leading Design for Commercial Real Estate p 925244.9620 TIGARD, OREGON E92514L9622 li d r - ' D I u I! I i I i 1 i 1 o nl 1 1 1 1 I I 1 9 nIl 1 O 1 1 i 1 1 ER II 18_O I 1, - - __I—. CLEAR HEIGHT a W. 7F y 1 O - 113 11 E. Rr i l 15 0 I I M Z z -0 /__ L _ • oL c�c� M Q TB' -O' W CO CLEAR HEIGHT f C C - — - CD 0 0 11©13© ©R 0 ' c co Qom o o E 0 A - - Ao D 1 A — o _ Z 1 ! B.. / 12 -0 ,/2' Z O g Z ° n y �o O 4 D / I I� A pz H 'D 1 z O o 0 © ©I 2 1 0 1, - ..— ul0 v1- I I o t 4" . ,, 1.,;,0 4 I L/ THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OE WARE MALCOMB AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT YATH WARE MALCOMB. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE ONR SCALED DIMENSIONS AND SHALL BE VERIFIED DN THE JOB SITE ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF WARE MALCOMB PRIOR TO THE COMMENCEMENT CF ANY WORK. Z g i BUILDING SECTIONS .w > DATE REM LIME REMARKS ORCHARD SUPPLY planning 0 3.1 A.Ix RENEW Mmman C °�'� WARE MALCOMB § 9770 SOUTHWEST SCHOLLS FERRY ROAD MOO cam= =non mite 390 Leading Design for Commercial Real Estate P z2 ` sal9sxo - TIGARD. OREGON "'S""`_' ‘.N \ „N,' \- i -e-=. 1.11: • A rP '1°44 , ' libli C.A.:(4 . • li 3 . i ' . /1 2" ts. mi-- . : 7 , / 'I 1 r , ,„‘ -ct...... ::), ' ' cp 22 s .. /0 Asszt&A,c... 1. er / , ' 1070 ..Rs- 11) / / -a. I I 141Adefcti"4; it"4. / cp , 4 /,/ \'\ \ lit s / / , ., , ,., % \ , fr.-t-oeits:J I / ,, .. /,/ . . . , I .. (// .1. 1 i ', Nf N, \\ \ p oE-It oF :, A/e ›a1,6L .3/4h :1 >halb ( \ 4 1 - , N. \ \ \ \ ' U S \ . ,„' , ,, ' \ ,, , , s \ 0 : 1 / ' ' \ c.?' 7 k 1 . ..) / \-576 , . Si i I . \ _ / I __________,_ ,______ _,— • „ ilk / 1 ,: ami -11M , 1 7 ■ I I TRUCK I s csomm ( , 1 r — I --- t-- :: I C 1 HARDWARE , L:t, .401k 1. .//11. c. CI) PROPOSED . • 0 STORE P Ili' i 0 l 0 29,000 SF NURSERY N et, ____..eow t..b/i; Pg. 12 SF I I ...r.,... • ; 1 , __ 4- . . PrI E. , I: v 0 I , I( 4 t 40 3 4 , . 1r\(7) 3 ergro ...s• --;:-- C.sa.....sv.e.. 0 20 80' 1 - 7.7.....1 . 23 north 10' 40' scale: 1" = „ ;el • J 7 ?" 5f 4 .-- 2 . /57. 7 — /5:z. 5,04-07., Aim; . . ,, 7 IF i frr-ID.Cr (,› irt pAi2.1<lo "1 ;frab v 3.jr_ 5: - 2 - --240 11"6 7 Orchard OrciarTh y Hardware Schematic Site Plan - ‹ a% IA s; 04.0 g 4 WARE MALCOMB , 4 r.4 "n ik;#1 i • Leading Design for Commercial Real Estate Tigard Oregon scheme. B S LI ° ' l V N ARO'N 05 SNR08 \ BELL I ,. ED 03-25-2012 integrated some waremacomb.com across north america MAR 0 8 2012 crry OF TIGA t NG PLANNINGIENGiNt-__cr ��►SS ... . 0 . . , :. ___.... i ..:... 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DEPARTMENT/AGENCY COMMENTS III City of Tigard TI LU M emorandum To: Gary Pagenstecher From: Todd Prager Re: Orchard Supply Hardware Date: July 23, 2012 As you requested I have provided comments on the "Orchard Supply Hardware" project. If you have any questions or concerns regarding my comments please contact me anytime. oq A 18.630.00 Landscaping and Screening The L -1 and L -2 standards for trees have been met as shown on sheet L1.0. 18.745.040, Street Trees The street tree requirements have not been met. Street trees are required along the Cascade and Scholls frontages. Street trees may be planted within 6 feet of the right of way. If there are overhead powerlines, trees labeled on the City of Tigard Street Tree List for "use under powerlines" shall be selected unless otherwise approved. 18.745.050, Buffering and Screening The buffering and screening requirements in section 18.745.050.B are met. The adjacent uses are similar to the proposed used, and therefore the requirements are not applicable. 18.745.050.E, Screening: special provisions This requirement has not been met. On sheet L1.0 it appears the applicant is proposing vine maples to meet the parking lot tree requirements. Parking lot trees shall be broad spreading (40 ft. min. canopy spread at maturity) to shade the parking area. 18.790.030, Tree Plan Requirement N/A CONDITIONS OF APPROVAL Street Trees Prior to site work, the applicant shall submit a revised landscape plan for review and approval with street trees along the Cascade and Scholls frontages. Street trees may be planted within 6 feet of the right of way. If there are overhead powerlines, trees labeled on the City of Tigard Street Tree List for "use under powerlines" shall be selected unless otherwise approved. Parking Lot Trees Prior to site work, the applicant shall submit a revised landscape plan for review and approval with vine maple parking lot trees substituted with a species that is broad spreading (40 ft. min. canopy spread at maturity) to shade the parking area. MEMORANDUM CITY OF TIGARD, OREGON DATE: August 14, 2012 TO: Gary Pagenstecher, Associate Planner FROM: Greg Berry RE: MM 2012 -00008 Orchards Supply Hardware Findings: ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The site is currently served and no additional service is proposed. Storm Water Detention: The Fanno Creek Watershed Management Plan, Section V, includes a recommendation that local governments institute a storm water detention and effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Construction of a facility is not feasible. Payment of the fee —in —lieu of construction of a facility will be required. Storm Water Quality: Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07 -20) require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year Prior to issuance of building permits, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of ENGINEERING COMMENTS MM 2012 -00098 Orchard Supply PAGE 1 the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. The develo er will be required to obtain sio an eron permit from the City as well as a prior to construction. This permit will be issued along with the site and /or building permit. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND /OR FILL ACTIVITIES: Submit to the Community Development Department (Mike White, 639 -4171, ext. 2464) for review and approval: Public Facility Improvement (PFI) permit is required for this project to cover the water quality facility and any work in the public right -of -way. Detailed public improvement plans shall be submitted for review. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www. tigard -or. gov) . The water quality facility shall be as described in the applicant's engineer report, dated June 28, 2012 • The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. ENGINEERING COMMENTS MM 2012 -00098 Orchard Supply PAGE 2 w i - • An erosion control plan and 1200 CN Permit shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall comply with CWS R &O 07 -20. ENGINEERING COMMENTS MM 2012 -00098 Orchard Supply PAGE 3 ADDITIONAL DOCUMENTS Gary Pagenstecher From: Pat Gaynor <Pat.Gaynor @cardno.com> Sent: Wednesday, May 01, 2013 1:51 PM To: Gary Pagenstecher Cc: Kevin Russell; dianethielman @esiconstruction.com; Neville Willsmore (nwillsmore @waremalcomb.com) (nwillsmore @waremalcomb.com); 'Dominic Barresi' (dominicbarresi @esiconstruction.com) Subject: Orchard Supply Hardware - Revised Landscape Plan and calculations Attachments: 21299730 - CD - L1.0 - PLANTING PLAN - DELTA 5.pdf Gary, Per your request, please see attached for the revised planting plan, illustrating the hedge infill strategy and landscape code requirements. The site area calculations are: Total Site Area = 158,751 SF Landscape Area = 34,149 SF % Site Landscape = 21.5% Let me know if you have any additional questions regarding this plan. Thank you, Pat Gaynor RLA, ASLA LANDSCAPE ARCHITECT CARDNO Cardno Shaping the Future Phone ( +1) 503 - 419 -2500 Fax ( +1) 503 - 419 -2600 Address 5415 SW Westgate Drive, Suite 100 Portland, OR 97221 Email pat.gavnor(c�cardno.com Web www.cardno.com This email and its attachments may contain confidential and/or privileged information for the sole use of the intended recipient(s). All electronically supplied data must be checked against an applicable hardcopy version which shall be the only document for which Cardno warrants accuracy. If you are not the intended recipient, any use, distribution or copying of the information contained in this email and its attachments is strictly prohibited. If you have received this email in error, please email the sender by replying to this message and immediately delete and destroy any copies of this email and any attachments. The views or opinions expressed are the author's own and may not reflect the views or opinions of Cardno. 1 CAUTION: IF THIS SHEET IS NOT 24 "x36" IT IS A REDUCED PRINT B i B PLANT MATERIALS SCHEDULE LN' SYMBOL COMMON NAME BOTANICAL NAME SIZE SPACNG QUANTITY !!! i .� TRH R / 1 . `; MARSHALL GREEN ASH FRA %NUS PENNSVLVANICA'MARSHALL' 3.5' CAL. I MB AS SHOWN 7 '..' THORNLESS HONEY LOCUST GLEDITSIA TRIACANTHOS'NERMIS' 3.5 CAL. / MB AS SHOWN 7 pp 0 . EUROPEAN HORNBEAM CARPNUS BETULUS FASTIGIATA' 3.5• CAL. / B&B AS SHOWN 20 o• '• :S VINE MAPLE ACER CIRCNATL .I S' HT.13 TRUNK I B&B AS SHOWN 4 • off•/ • HOGAN CEDAR TMUJA PLICATA FASTIGIATA' S'b' HT. / B&B AS SHOWN 13 V q ( EXISTING DECIDUOUS TREE TO REMAIN TO PROTECT IN PLACE AS SHOWN 6 6 �9 T • �__ SHRUBS 7 FJ� SD � T _ �� .; � - ® .. O- OREGON GRAPE MAHONIA AOUIFOLIUM t 3 0.C. $3 i7 t 2 I i - o- IN FO - � ' , /' / ro , 1<� O -- OTTO LUYKEN LAUREL PRUNUS LAUROCERASUS'OTTO LUYKEN t ORL. 3' -0' O.C. 125 4. �V66 a ro a � - • . ; - -•• _ •';? • Q HAMELN FO GREEN -LEAF MANZANRA AFK;TOS PATULA I6AL AS SHOWN SI f�GHW h } '• FOUNTAIN TAM GRASS PENNSETW ALOPECUROIDES 7•IAME 7 OK. 7 -0 O.C. 70 y 5 i�„ ' I ; ; pw SW CASCADE AVE _ �[J• '�' -• OTT -LI -. N L U EL —, —, —. --• uS - va. — ..SI—. — .I O N HO 1.1,1 �/ �' ,, w M.r +.•�_ w w . - OTTO LAUREL ` ` PRUNUS LAl1ROCERABUBLOTTO LYII♦ ]S AS SHOWN 52 t3 A/ all .. 1 _ � � ( gyp{ -� � • w ``"``` }TN - ... OHw� - w w EXISTING LANDSCAPE TO REMAIN. f jROL1N t _ OCOVER z i ! ` �G / .,o„. " ^ ` [ j +�~ �' p j � � • ` _' ^ �� -E--.--- � � � • w • \` TO REPLACE ANY IMERALD CARPET BEARBERRY ARCTO. VA•URSI 'BERNDdMIT 10014 3 0.C. 1.125 _ - 1 1Y4kabi�ii WZi ' L - ". : f iiimillmk • CONTRACTOR k • -• -t y LANDSCAPE DISRUPTED By THE q I PROTME S MIX NOBBS 8 SUN NOM. 81110 B LBS. 1 1,000 SF 24.150 SF A / , A.1T 1� 7i �.d �'I- - __ ACTTVI CONSTRUCTKNI PORTLAND. M 41 / jt _ _ - 200- =,') } �q_. ACTNRIES WITH PROTME SEED MIX. r . 1+ ENSURE EXI STING UNDER GROUND T4' ROUND R/YER IIOCI FR OM A LOCK II/ ! ' L AVER 122 SF 11.5 C O � \ ��'� • �. . IRRIGATION IS OPERATIONAL PRIOR E g .- 8 i, - , TO SEf INO. i �� - .- ens _ LANDSCAPE LI BUFFER AND PARKING LOT CODE SUMMAR 4 - j /" �� . -. � 1j A - .� .. .._.. � � � Il. _ �..I � �: M^ a 716 _ `: r� - . .�.� ► T E A `�n owr �� 0 -,... I `� ®� • e O OOJ i F I, ; 1� /t iE' ROUMIED: PR OPOSED: (41' 1: _ •e A� 7 - TIN DAUCxatln / QQ O� / - � • + •I p /IR�T TREES: STREET TREES: r ( / O _ a':! ' I s. E „ `✓ ', r • OFE (11 MEDNJM TREE Q 30 ON CENTER • NO STREET TREES ARE PROPOSED ALONG SW CASCADE AVE DUE ) OREGON 0 _ �'' j • r•�`+ c ' BUFFER $CRE ENNG : TO OVERHEAD FLOWER LINES ANO CURS TIGHT SIDEWALKS IN R.O.W . � a� �� r� .ti tl�`��.� . •'v i YTL OT /OT /10��••• � : �`° . �• .��•.� • �. • ��0�• , •'�� M . O y `1 ° ': / • C VE ER HEDGE N ONE 111 YEAR - BO . OPACITY � MEGIUM TREE Q 2$' O.C. =TM h '1 /Ia -- (-yF d •.. Q �$ O • 0 4 . ;t i _: , � 0 •C . ; o 'o � a \ \\' . r S LABS. OROUNDCOVER. OR LAWN • CONTINUOUS EVERGREEN HEDGE IN ONE (1)YEAR -90 °r OPACITY 010 �` • " 1p At ji01. -• 4 • I P � C 1 11 a ✓� ' � REVEGETATION: • SHRUBS. GROUNDCOVER, d EXISTING LAWN Q c $g � :•t, �LO� ....tW : ' � � a: ��S�• p SEED AREAS AT NO LESS THAN LBS � 1 000 SF REVEGETATION: 0.." . `�:� ��, t :..... ...::::.. � � ▪ SEED APPLIED AT 5 LBS 1.000 SF y61 " � �� •'• • �\ • (' PARKING LOT TREES. / • ' +� �� ;.�� _ ONE (1) TREE PER SEVEN (7) STALLS PARKING LOT TREES: ) W ,.�� +q A - SO � 6t: (9 : • � , 755 STALLS • 23 TREES 24 TREES PROPOSED ) �/ • • �� 'r •� 1 � � s ' s o e ��,� _ • • S� ` �,�' /� S1 ° • 1 . 1 _\ 11 '�'1'1�1'1'- �'11'� \�'1:1'1'1i1 EXISTING LANDSCAPE TO REMAIN. , .`. -.¢ ri ' •, • t `: `\ (METER HEDGE NOTES: Q \ .' � ' I B 'Zj a • CONTRACTOR TO REMOVE ALL \ z • INVASIVE PLANT MATERIAL AHE / • • • S / W O REPLACE ANY LANDSCAPE DISRUPTED `` ,� ..I HEDGE PLANTING SHALL NOT BE SHEARED FOR ANY REASON FOR THREE YEARS. ) s ' F� BY THE COURSE OF CONSTRUCTION '.1.. e, / t % -, /Pre) i AFTER THE EXPIRATION OF THIS PERIOD. PRUNING WILL BE ALLOWED FOR THE s v ACTIVITIES WITH PROTIME SEED MX. 1' LAYER OF 24 1/ \ ��•��` '� ^ : EXPRESS PURPOSE OF SHAPING A CONTIG HEDGE. THE 90% OPACITY w C i! CC HAND WATER ALL AFFECTED AREAS ROUND RIVER ROCK � � �� .�. � `, SCREEN MST BE NET AT THIS THE TO SATISFY JURISDICTIONAL REOVIREMENTS. ) � UNTIL ESTABLISHMENT. BETWEEN WALL AND t} LOADING ZONE. ' . 01 0 1 GALLO OT TO LOREN LAURELS N THE PERIMETER SHALL BE RELOCATED AS r, \ I • �- SHOWN TO REDUCE SPACING BETWEEN PLANTS. INSTALL A 3 GALLON OTTO MAVEN v J • f / 1 �� ORCHARD SUPPLY %# . ■ a 1 LAUREL N THE VOID SPACE RENAMING. MIS WILL AEI N ATTANNG THE 90% OPACITY.) 6 : j • • 1/ - \. ",, '''''' 1 CO E 1 i� • 3 • • --------- g FINAL APPROVAL i Q J b' 50 s s 116. \ — . . , CITY OF T1GAAO PLANNH4G D1Vi$ QN ' ; - * g O. it J BY DATE B J F ! a " : . + EIO REMAIN. C LANDSCAPE TO REMAIN. yyyLL1 ✓1 /'il /� v Z e2 ai CONTRACTOR TO REPLACE DISRUPTED BY THE a 1 CE THE / 1 yt// /) �t I o B = i iA r . , 1 COURSE OF CONSTRUCTION 1 .,s ACTMTES WITH PROTIME SEED MIX. ENSURE EXISTING UNDERGROUND 8 ® IRRIGATION IS OPERATIONAL PRIOR /' PA / PM K. RUSSELL 8 TO SEEDING. W DRAIN IT P. GATHER 1 SWEET R 30 15 0 30 i L1 .0 1 Gary Pagenstecher From: Eric Kauffman <ekauffman @waremalcomb.com> Sent: Thursday, January 31, 2013 2:59 PM To: Gary Pagenstecher Cc: Anthony Cataldo; Neville Willsmore Subject: Orchard Supply Hardware at 10031 SW Cascade Blvd. Tigard. - memo of changes to the nursery Attachments: OSH Tigard_nursery roof.pdf Gary, Thank you for reaching out to make sure we have everything in line to receive the certificate of occupancy when the project is complete. Below is a memo of the changes to the nursery area for Orchard Supply Hardware at 10031 SW Cascade Blvd. Please let me know if you would rather receive in another format. Original : painted stucco piers with wrought iron railing open air nursery gabled entrance with sliding glass doors future greenhouse indicated south of the gabled entrance R ,.s. 1 � 3w 41- 4zt x 22 511 � eYeeee _ ' J ` �� ®��e # ' • R ,.e - T Bulletin 3 & 4: Removed painted stucco piers, continue wrought iron throughout Shifted gabled entrance to the south and removed glazing. Updated shape of nursery — bend at north east corner Added standing seam metal roof over half of the nursery on the north side of the gabled entrance 1 , . i L j ■IIIIIII1i 11111 I iii I i 1 r-T 1110.1t1PIli.IGIII(t \.• r - -- � I ___ _ __I-_-_;-__ ,1 _L---1------L _. f i , _ 1 . ' .) o ./ ,. ( ■ ' / f 1 1 ' ' --------% / li 0 ; • .. , _ _ ____1 7...,,,,_____:,_ . ...-- -.---1------1---------- -1-------.--t---,..-1 , ,i- ;rift .11 +L.,...!1:,.-, 1 H ,1 ' I 11 - IN •,,,,,, • 11111011. 1 "' ' 11111111111111111111411.11111E111111111illi111111111111411ii1011 iltItlUI11111101111:1111k iiitliii :11i111111111101111E11111111111:11.01FIR111119EMIE1111111111111 '. "---" ' 55515551515115 1W1 55551 0..6 :5 rui stimnsnier in t intitirnmOquiso ;a it 1 " Bulletin 5: Added roof over pallet storage area to the south of the . abled entrance -:, 1 11 * ! 1 1 * 1 1 1 1 1 1 i ! 1 IH I, ___!.. _ .4„,i_3_._ ...1,__J__ i__ — _ , __-1, j_ , 0 1 j..„ ' , 1 , 5.7 •.1 , ., / -. ..,: ) .. , .. ,, ..,.........,....„...___...,,....._,,,....,,......F.,,,,..-Mt.,"...,.., :I> \ . ' L Bulletin 6: No changes to nursery Bulletin 7: Removed standing seam metal roof over half of the nursery on the north side of the gabled entrance. Replaced with greenhouse structure 2 ' 41-01111111111111, 440. 4440111,_ -444- Thank you, Eric Kauffman Production Coordinator d 925.480.6071 p 925.244.9620 f 925.244.9621 ekauffman«:waremalcomb.com 2400 Camino Ramon Suite 390. San Ramon. CA 94583 WARE MALCOMB architecture I planning I interiors graphics I civil engineering 40 YEARS Celebrating Creativity, OF DESIGN Collaboration & Optimism! find us on. waremalcomb.com I facebook I twitter I linkedin 3 41111111"111111"11. .7,1111101 -4111111.111111111111h. 41111111.1111116. -................ • ; ; - i li I I I IIIIIIIIIIII ,•' i ../. 11 P / •• • _ . . . . . 1 !i14111w1 i til [ 111111 1i lliiiiiiiii ' '' ' '''' HIM Pip IIIIIiiil ''' ". — ''''' ... , i : , ...,_ ..._ ■ , . . ,.,,,.• •-•; 1.. i-i;4„:. ' ' in 1 . — 1 4 1 11111111111E ilililiiiil Mint • • .... - „... ..., • ...■■•■••■• -...... ' v - •■■•••■•••••".--- ""'`•••.....■d.m.o• . -- . • . -' Orchard Orchard Supply 3d Model WARE MALCOMB Leading Design for Commercial Real Estate SuPPLY HARDwARe Tipml, OR SNR12-0026-00 ,, • • �s I � -_. »III._... �_ ,. 7. ' 2:;%'14. A' 44% - ,..-4 4" : : IIII... +G . _ •` , •. � , .r Y • M • .1�1 I I I I I I I I I I III I I I1I \ ' / . / r „. `` M• • ... . ) f ■ 111 1111111 Fl 11 111111 IIII ( ' �� / Y. -h1 1 - 1 ill 11 ` � � + a f �. Illiln i ifI III IIII ��IIII IIII ! I III IIIIIIIIIINI '�l Iilllllll � _ I ,I Orchard Orchard Supply 3d Model s WARE MALCOMB Leading Design for Commercial Real Estate SN R12- 0026 -00 P P t Tigard, OR me ,-::: d service acr g north amerces I war<malromb. • 1 ..- AliN1111116■ Nursery ter' I I i i III iiii ii11I .rtl,1111 , , i I . i 1"111" IL it iii a 61 NOR iW�lAlr Milli I Wag III i�iu1IIli ViIII Alba WiiiiiiV ,1 '`' lil ,,,i , lip. !i l I I - i i, I I 1 i I I I 460w 44. Orchard Orchard Supply 3d Model WARE MALCOMB Leading Design for Commercial Real Estate Tigand, OR SNR12- 0026 -00 in�e ated service I warematcomb acro rth amertca , .. ill „ .......' . _ . .r * f A .8 ilg 441 11111 0 ..., ...■■•.......... I ' 'Ill li i 4 "1 VIII' '!!!';.' ii till, Illi allimr., i'"JI 1 I 'l la, lii, llos. "_- . •- 1 Iiilill 1111 1 611- ' I IIIII imit_ jo Ic im , 111 11 id 11111 1 11111111111 Nom- .. 11 lir ., 1 ,...., .,, , .......••..... ._. .. ... ____........„. Orchard Orchard Supply 3d Model WARE MALCOMB Unsling Design for Commercial Real Estate SNR12-0026-00 Tigand, OR ..-:,,T:n I ''''''''' ""' i At • — ��Il�i illlilll l� i�lln', liieSiS . 161. i1t'3' t • Orchard Orchard Supply 3d Model WARE Mt1LCOMB 1 t- v N �. a o w 1 ' E Leading Design for Commercial Real Estate Tigard, OR SNR12- 0026-00 integrated :errtre I lrombrom • xrosa north ameriea ^'are ma ......,„„ . /- .........,_ , _.. z II I1H1HP I IliulIllilIl PIP,,. CD ti - I 1 1 1 {II A, 1 ` , • �ilhll 1 ! .�. lilIl .. I II I„!i!IIU Ali "ii ill i8 �,, .,,,: - II ill �� i I I_s a . Orchard Orchard Supply 3d Model WARE MALCOMB Leading Design for Commercial Real Estate Tigard, OR SN R 12- 0026 -00 cru» m:rlh america I "aremalcomb <om FOR OFFICE USE ONLY — SITE ADDRESS: This form is recognized by most building departments in the Tri- County area for transmitting information. Please complete this form when submitting information for plan review responses and revisions. This form and the information it provides helps the review process and response to your project. City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Transm Letter T l G A R n 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigard- or.gov TO: Dan Nelson DATE RECEIVED: DEPT: BUILDING DIVISION r EIVED FROM: Eric Kauffman / Steve Beattie JAN 2 9 2013 COMPANY: Ware Malcomb / Equipment Round -up CITYO TIGARD B UILDING DIV • ) PHONE: 925.244.9620 / 360.576.1171 RE: 10031 SW Cascade Blvd. P,c90l 9, -0Of 50 (Site Address) (Permit Number) Orchard Supply (Project name or suivision name and lot number) ATTACHED ARE THE FOLLOWING ITEMS: Copies: I Description: Copies: Description: 4 Additional set(s) of plans. Revisions: Cross section(s) and details. Wall bracing and/or lateral analysis. Floor /roof framing. Basement and retaining walls. Beam calculations. 4 Engineer's calculations. Other (explain): g REMARKS: dJ NJ t/' y J /rief S 4 e-h 7 FOR OFFICE USE ONLY Routed to Permit Technician: Date: Initials: Fees Due: ❑ Yes ❑ No Fee Description: Amount Due: Special Instructions: Reprint Permit (per PE): ❑ Yes ❑ No ❑ Done Applicant Notified: Date: Initials: 1:\Buil ding\ Forms \TransmittalLetter - Revisions.doc 05/25/2012 FOR OFFICE USE ONLY — SITE ADDRESS: This form is recognized by most building departments in the Tri- County area for transmitting information. Please complete this form when submitting information for plan review responses and revisions. This form and the information it provides helps the review process and response to your project. City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Transmittal Letter k_i ;e ti l7 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigard- or.gov TO: Gary Pagenstecher - Planning Department DA C rY g g C DEPT: BUILDING DIVISION NOV 13 2012 FROM: Eric Kauffman CITY OF TIGARD PLANNING /ENGINEE COMPANY: Ware Malcomb PHONE: 925.244.9620 By. RE: 10031 SW Cascade Blvd. /a PIO )(To - &loc i (Site Address) (Permit Number) Orchard Supply (Project name or subdivision name and lot number) ATTACHED ARE THE FOLLOWING ITEMS: Copies Description: Copies: Description: 1 Additional set(s) of plans. Se Revisions: Cross section(s) and details. 1 Wall bracing and/or lateral analysis. Floor /roof framing. Basement and retaining walls. Beam calculations. Engineer's calculations. Other (explain): REMARKS: FOR OFFICE USE ONLY Routed to Permit Technician: Date: Initials: Fees Due: ❑ Yes ❑ No Fee Description: Amount Due: Special Instructions: Reprint Permit (per PE): ❑ Yes I I No ❑ Done Applicant Notified: Date: Initials: I \Building\ Forms\ TransmittalLetter- Revisions .doc 05/25/2012 r 1