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DDR2012-00006 NOTICE OF TYPE I DECISION DOWNTOWN DESIGN REVIEW (DDR) 2012 -00006 COMPLIANCE LETTER , tTTFGARD ROSE CITY AWNING VAAW.547 120 DAYS = 1/4/2013 SECTION I. APPLICATION SUMMARY FILE NAME: ROSE CITY AWNING CASE NO.: Downtown Design Review (DDR) Compliance Letter DDR2012 -00006 PROPOSAL: The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8'-9" long and identify the address and name of the business. APPLICANT: Rose City Awning OWNER: BC Associates LLC 1638 NW Overton 11900 SW Greenburg Road Portland, OR 97209 Tigard, OR 97223 LOCATION: 11900 SW Greenburg Rd., WCTM 1S135DD, Tax Lot 04400. ZONING DESIGNATION: MU -CBD: Mixed Use — Central Business District. The MU -CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multi- family and attached single family residences are permitted. New development and re- development is required to conform to the standards of Chapter 18.610. SUB -AREA: Highway 99W and Hall Boulevard Corridor. This sub -area is intended to create a `pulse - point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Blvd., the area has the high traffic and visibility to draw potential retail customers from the region. It will also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground -floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one -story retail -only buildings, to mixed use buildings up to eight stories tall with retail on the ground floor and residential and /or office uses above. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.610, 18,780. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for Downtown Design Review. The findings and conclusions on which the decision is based are noted in Section IV. DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 1 OF 4 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. SITE AND PROPOSAL INFORMATION Site Information & History The site is located along SW Greenburg Road between SW Center Street and SW 90 Avenue. The site and surrounding properties were rezoned to MU -CBD (Mixed Use — Central Business District) in 2010 to create the Tigard Downtown District. Sub -areas were established within the downtown, and this site is located within the Hwy 99 and Hall Boulevard Corridor sub -area. Surrounding parcels are developed with a mix of retail uses, offices and restaurants. Proposal Information The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long and identify the address and name of the business. Because the proposal meets the threshold of a Track 1 Design Review Compliance Letter (Tigard Development Code Section 18.610.010.E.1.a(3)), the application is being processed as a Type I procedure. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS A. Commercial Zoning Districts (18.520) B. Tigard Downtown District Development and Design Standards (18.610) C. Signs (18.780) A. COMMERCIAL ZONING DISTRICT Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the MU -CBD zoning district: Mixed Use — Central Business District. Uses: Section 18.520.030 (Table18.520.1 — Use Table Commercial Zones) The existing use is medical office, which is permitted in the zone. A change of use is not proposed. B. TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS Purpose and Procedures 18.610.010.E.1 addresses when Track 1 design review procedures are required within the Tigard Downtown. Track 1: Design Review Compliance Letter using Design Standards are applicable with the addition of new awnings. The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long and identify the address and name of the business. A Track 1 Downtown Design Review is being requested; this criterion is met. 18.610.030 Building and Site Design Standards A. Create vibrant ground floors, streetscapes and rights -of -way; provide weather protection; and promote safety and security. Intent. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk- facing ground floors and entryways. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 2 OF 4 the ground floor promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces lighting, and features that allow observation and "eyes on the street." The subject property is accessed through a flag lot from SW Greenburg Road. The proposed awning location is approximately 350 feet from the right -of -way. As such, the awning is not adjacent to the fronting sidewalk or in the public realm. However, the proposed awning is located at the front entrance to the building and offers weather protection and character to the building, consistent with the intent of this building design standard. 4. Weather Protection. For nonresidential and mixed use buildings: a. A projecting facade element (awning, canopy, arcade, or marquee) is required on the streetfacing facade of the street with the highest functional classification. b. Awnings /marquees /canopies may project a minimum of three feet and a maximum of six feet from the facade (a maximum of four feet into the public right -of -way). c. The element shall have a minimum 10 -foot clearance from the bottom of the element to the sidewalk. d. Awnings must match the width of storefronts or window openings. e. Internally lit awnings are not permitted. f. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials). The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long, less than 6 feet deep and is just wider than the double entry doors that it would overhang. The awning is not internally lit and would be made of exterior grade fabric over an aluminum frame. The weather protection criteria are met. 18.610.055.A Signs 7. Pedestrian- oriented roof /awning signs are permitted. a. Buildings with a height of 20 feet or less are permitted to have one roof sign which extends above the upper surface of the awning structure or the roof line. b. The sign may not exceed two feet above the roof line and may not extend below the roofline. c. The maximum sign area is 45 square feet. d. The sign must be oriented to the entrance of the building. e. The sign may be internally or externally illuminated. f. One pedestrian oriented roof /awning sign shall be permitted per tax parcel. (Ord. 10 -02 § 2) The proposed awning carries the name of the business: SW Family Physicians. The proposed awning would be a pedestrian sign as it is located adjacent to the parking lot and over the entry sidewalk. No other awning signs are located on the parcel. Therefore, the pedestrian- oriented awning sign is permitted. C. SIGNS 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 2. Signs not oriented or intended to be legible from a right -of -way, other property or from the air; The subject property is accessed through a flag lot from SW Greenburg Road. The proposed awning location is approximately 350 feet from the right -of -way and the business name on the awning is perpendicular to Greenburg. Both by distance and orientation the sign would not be legible from the right -of -way. Therefore, the sign is exempt and will not require a sign permit. However, the provisions of B, below, do apply. DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 3 OF 4 B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right -of -way; and The application for Downtown Design Review is signed by the property owner. This requirement is met. 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. There are no other signs on the subject building, therefore the spacing standard does not apply. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Downtown Design Review Compliance Letter 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 SEPTEMBER 24, 2012 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2012. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. �-- September 24, 2012 APPROZ B7 Gary Pagenstecher DATE Associate Planner DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 4 OF 4 i ll CITY OF TIGAR1. RECEIPT _ . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARO Receipt Number: 188270 - 09/06/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID DDR2012 -00006 DDR Compliance Letter - LRP 100 - 0000 -43117 $81.00 DDR2012 -00006 DDR Compliance Letter (Type I) 100 - 0000 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 31607G TLEHRBACH 09/06/2012 $627.00 Payor: Larry B Butcher Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 f RECEIVED ' , SEP 062012 City of Tigard Downtown Design Review P�NNII G/ N VEERING TIGARD Compliance Letter - Type I Application GENERAL INFORMATION 1 /� Property Address /Location(s): J t goo Sll) (,�P, -E 15-u/�-4' )D' ("1 ie'p / DX— ,, // I FOR STAFF USE ONLY Tax Map & Tax Lot #(s): I S 1 35 D� D 7 4o I) Case No.(s): D '&2012.-- 00006 Site Size: _5'79 t X Other Case No.(s): Applicant *: ► • Address: J3 $ IJM) D■E,eTD 1►) Receipt No.: 9 720 9 Date: 9/411 Z City/State: P b�2,T ` ©Q- Zip: -- _ - - - -- Primary Contact: gureJf Application Accepted By: 3 '4 6 G- 1 Phone: - ax: ±3- 222-S4 to Date Determined Complete: 9 /([ /(Z E- Mail: .S.tif 56 /'.IrtA-tJj.Ji . 66111 Roue 7/1/21W! Property Owner /Deed Holder(s) *: (Attach �li if more than on / /T Y at. GG C REQUIRED SUBMITTAL ELEMENTS Address: / S. 1' [ A L L. . l 'one: V — J pplications will not be accepted without the City/State: jog Zip: • following required submittal elements) pplication Form Track 1: Design Review Compliance Letter Owner's Signature /Written Authorization A Design Compliance Letter provides for a Type I review process, itle Transfer Instrument or Deed using the clear and objective Design Standards. It is intended for B Site Plan (4 Large Plans & 1 Reduced to 8 '/2" x 11 ") smaller buildings and site renovation projects, which meet the OC Applicant's Statement /Narrative (4 copies) threshold of 18.610.010.E.1. / � ;!/ iling Fee $627.00 Applicant's Statement /Narrative: The applicant's statement must include a summary of the proposed changes. Applicable criteria and design standards in 18.610 must be addressed with a detailed response 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. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a discussion indicating how other requirements of this title are still satisfied. These requirements include but are not limited to: access, landscaping and screening, waste and recyclable storage, parking, sensitive lands, signs, tree removal, vision clearance, and streets and utilities. Please see section 18.610.035 of the Tigard Development Code for a complete list. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 5U3- 718 -2421 I www.tigard- or.gov I Page 1 of 2 1 • * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Responsibility Statement: As the applicant submitting this application for a land use review, I certify that all of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and I acknowledge that any permit issued, based on this application may be revoked if it is found that any such statements are false. I am also responsible for gaining the permission of the owner(s) of the property listed above in order to apply for this review and for reviewing the responsibility statement with them. 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. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. The City of Tigard is not liable if any of these actions are taken without the consent of the owner(s) of the property. In order to process this review, City staff may visit the site, photograph the property, or otherwise document the site as part of the review. By my signature, I indicate my understanding and agreement to the Responsibility Statement. SIGNATURES of each owner of the subject property. DATED this a y-* day of 6-z/ , 20 /Z 4 AP i� f P.d5E &1 I Ar , • pplic:r'' Authorized Agent's ignature Owne 's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 2 of 2 mow low mow vow intx, ROSE CITY AWNING AND FLAG. August 28, 2012 DEAR SIRS AND /OR MADAME, ROSE CITY AWNING WISHES TO RESPECTFULY APPLY FOR A DESIGN REVIEW FOR THE DOWNTOWN AREA OF TIGARD, OR. THE ADDRESS TO BE REVIEWED IS 11900 SW GREENBURG RD. AS THE FRONT OF THE BUILDING IS 150' LONG AND THERE IS NO CLEAR SEPARATION OF ANY OFFICES AND THEIR ENTRACES ON THIS FACE, IT IS THE OPINION OF THE OWNER. AND THE BUILDING MANAGER AS WELL AS ROSE CITY AWNING. THAT THE ADDITION OF A CLASSIC AWNING WOULD ADD TO THE PROFESSIONAL LOOK ON THE BUILDING. THE AWNING WILL HAVE A 1" ALUMINUM TUBING FRAME WITH A RIDGID VALENCE, AND THE SELECTED FABRIC WILL BE BLACK 'SUNBRELLA" AND 6" LETTERING ON THE 1 VALENCE. THE AWNING WILL BE 8' -9" IN LENGTH. THE AWNING WILL ADD TO THE OVERALL APPEARANCE OF THE BUILONG BY GIVING DEPTH TO THE FACE OF THE MEDICAL CENTER AND ITS ENTRANCE. IT ALSO IDENTIFIES THE ADDRESS AND ENTRANCE OF THE OFFICE. IT IS OUR FEELING THAT THE CONDITIONS OF THE CITY OF TIGARD HAVE BEEN MET FOR DESIGN REVIEW. WE RESPECTFULLY REQUEST THAT YOU APPROVE OUR PETITION. THANK YOU FOR YOUR CONSIDERATION. SINCERELY. LARRY BUTCHER -ROSE CITY AWNING PS. IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE CALL MY CELL AT 360- 600 -2818 OR MY EMAIL AT sales(c�rosecityawninq.com. 1638 NW Overton Street • Portland OR 97209 • 1(800) 446 -4104 • (503) 226 -2761 • rosecityawning.com RUG- 31 04:OTPM FROM- T -568 P.002/003 F -993 ",;;, 001 1:110 M °" 2001- 117530 RECORDING REQUESTI.D BY o.osa cleat 'WI, I Mb • rr`` Fidelity National Title C,Impany of Oregon 10.00$iogMAD • TNtu.sff.ss \ , GRANTOR'S NAME IHIIIIIIIIIIdIIIIIIIIIIHIIIIIIIIIIIIN 0 I Benjamin Stutz and Cynthia Gulick \\ tool anion, en.d.rd .Y.. a1101 NO t4.ien ,..� .� / GRANTEES NAME wl 6da01 CNA► 011./CO WIIINOKR• G••v. , g company .". t a -Ono .� . 'T � G BC AsscCiMeE, LLC. an Oregon limited liability ompa Y ...e.n/a g + 1 md ldnr. l�� " "4 ,; 7 -, SEND TAK STATEMENTS 1'0: i ~ &. g .a n.cumA'°'"'•oisolodTow . - w,:.y c•�wm ..rn.. BC Associates, LLC • - 1128 SW Englewood Ilrive Lake Oswego, OR 971134 AFTER RECORDING RETURN TO; BC Associates. LLC 1128 SW Englewood I)nva Lake Oswego. OR 97)34 STATUTORY BARGAIN and SALE DEED N. T Benjamin Stutz and Cynthia Gulick. Grantor, conveys to 0 tT BC ASSOClates. LLC, an Oregon limited liability company . Grantee, the following described real property, situated in 7 the County of Washington. State of Oregon, O SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF 2.2. r THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND U iE LAWS AND REGULATIONS. BEFORE SIGNING OR ACC ®TING THIS INSTRUME THE t y PERSON N ACQ �Ef TITO TLE TO T PROPER SHOULD CH ECK WIT THE APPROPRIATE CI OR COUNTY NG OR tN T IC S YS PPR V M GRS 30. TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST • ► ` FARM THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS 50.00 ISee ORS 93.030) DATED: November 14. 2001 Behlanu Stutz -1 ` 1 - - _ • _ Cynth a; STATE OF OREGON COUNTY OF - -? M 0.•.C OFFICIALSEAL This instrument was acknowledged before me on ; (•:..',"". 7J qERYL ALSEN. a _/ NQTRYPU0LIGCREGON NOyu bar 2001 COMMISSION N0.31066e MY COMMISSION EXPIRES APR 29,2002 by 19 glitz and Cyntlt ll a Guild( NOTARY PUBLIC 4 OR — - MY COMMISSION PIA ES: I1LG. FORD.309 Slav 21961 STATUTORY BARGAIN AND SALE DEED AUG -31 -2012 04:07PM FROM- T -569 P.003/003 F -993 ° - ,. foam. ro. to•105474th -zs IIIllhIIlflIOhIIIllhI1fl TtnMrryr N°. 00019047 2081_ 117 _ EXHIBIT ONE A parcel of land in the John L. Mlcklin Donation Land Claim No. 54, projected onto the Southeast quarter of me Southeast quarter of Section 36, Township 1 South. Range 1 West of the Willamette Meridian. In the City of Tigard, Washington County. Oregon, described as follows; Beginning at the Non heart corner of the tract conveyed to Chester E. Klock, et al. described in Book 511. page 652, Deed Records. which Northeast corner is described as being West 6.5 feet and South 1363.44 feet from the Northeast corner of the John L. I4lcklin Donation Land Claim No. 54; thence South 89° 31' West 168.57 feet to the Northwest corner of said Klock tract; thence South 08° 46' 30' West, along the Westerly line of said Klock tract, 24138 feet to tho Northwesterly corner of the tract conveyed to William M. Frahler and Alva L. Frahler, husband and wife, as described In Book 519, page 491. Deed Records; thence South 61 ° 53' East 73.37 feet to the Northeasterly corner of said Frahler tract: thence South 08° 46' 30' West 236.82 feet to the Southeasterly corner thereof on the center line of S.W. Greenburg Road; thence South 45° 46' East. along said center line, 61.36 feet to the Southwesterly corner of the tract er.nveyed to Dr. Leonard 5. Davis, as described In Book 527. page 461, Deed Records; thence North 08° 46' 30' East, p•irallel with and 50 -0 feet dlstant Southeasterly from, when measured at right angles, the Easterly line of said Frahler tract. 108.63 feet to the Northwesterly corner of Bald Davis tract thence continuing North 08° 46' 30' East 165.29 feet to a point; thence South 88^ 03' East 81.17 feet toe point on the Easterly line of said Klock tract which of said Hi klin Donation 01° Land Claim; t thc ce feet and North 0 1 " 5 East 6 feet to the place of beginning. on the East line begi n ng Excepting Therefrom that portion of the above described real property conveyed to the City of Tigard by deed recorded September 13, 1990, Recorder's No. 90-49777. • • • • 1 :: t : • .N! 4 • ' t: ! 4: • ' _ a �( Y � ' �} - f`y �? .Mt1 'F a n f.i0 ',„" Ar 1 ! -':**.'''.'•-.-.:1'.,''''' � ` . 1 •.f _ . . 3 'I _ '.. ;� 1... v r ' I r x± q y aR - - j! .,',16,•: •f - ', a ..', • f' a d re"� '' 1T U1i.... 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DI r nano sa e . M. AT SlOPD1G OROffMVAY 1>D' 9C� 16B' -r +1— ooc �wmi MOO LOT L° wtirrti. cur, ROSE CITY AVNDIG 1638 NV OVERTON PORTL A ND. OR 97 209 w RN* ram= SW MEDICAL CENTER 11909 TV GREENBURG RD. TIGARD. OR 97223 w SV NFDIGL GOITER r 1 ..- -- . . - • • 4 !`- : • 71' ••• • - •. . - • .• • • I • . ' • 41‘.. • . ••• . / 4 , . - ..' .. . .. T- ',--- ...ir -, ''''''...•. .. , . . . ... . . . . .. . • . : . ..., ... ...;:s --"' ;PI:7,f: ..; 1. . • 7,- ... , .. .. ." . , . • a • ,--• . • t 4 . . . I • , ... r . , . _ • • ..44 . , A • a • - . .. . .. • -.... • • ' • • . s • -',.. . ... 4ii.. 4 - .. . , -,0-- : ..7 II.. . 11••••• . . - - -- 1. ^,. • - • ' • • 7. ',.- '• ' - - . V , .. ' -4" w. • „- •■■ ' • . • •‘, '.j ' : Pe:. :31. .... ' • : • . ..- ,---- •Alk . :'- ' 4, .: ... • ' . ' 7 . • 4, .. t . ' . -- . • .. • - SW FAMILY PH . YSICIAN S • _. ", • ,,,,...,.. • • .- ... .. . 11900 , ..,. . . ,, „ • 1 f _ IIIL - r" • . , __ • , ... ..ie. - .._ . - ' ''. - • !. . 4°' ,. ..i.: 4- 1,..:St...: . --?4, • ..-.' - . - . - • ' .' - - " '. ... - .Att . ' -.-.,',-; 1 • ... 34 0 . , ., . . - '.• . ,t . .,:"!... • ... - -• ' 4 = r. - .. ..-_ ,.. -_- ..- A -.44: .:` 7. ... z ' 4 , ,. .... , .',.1 , ...:. • r i '•,4 ?. , . 'NV * 1 t • • .... 7 • ,..:. :. je 7 '74' - , . . ,. • • - - '4 . . . ••••-• . 1••• ' '•;'--•- • "": - st■iirs : . • •. , .• . . . 1 . 1 . 1.1 .1 i il i ''• LI -1- . ■ —•-•,- 7 • *"! I I i 1 • i -. 111 - -, ,- . I t I -t I . . ., 1 .. , . I f) = . ' '' ' ''-, III ; 1 \ f. . . \ , i 1 \\ \...,, . or. .- ' t \Vk\''1, 1 , . - • V 1 it" .. , .,..... _.- • AFFIDAVIT OF MAILING TIGARD I, Christine L. 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: t rox(s)) © NOTICE OF DECISION FOR: Downtown Design Review DDR2012- 00006. Entry Awning for property at 11900 SW Greenburg Rd, Owner: BC Associates LLC: Applicant: Rose City Awning (He 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) (the owner and the applicant) at the address(s) shown on Exhibit "A ", and by reference made a part hereof, on September 24.2012, and deposited in the United States Mail on September 24. 2012, postage prepaid. (Person ±1)rc1rclI\t1cc) STATE OF OREGON County of Washington ss. City of Tigard IL Subscribed and sworn /affirmed before me on the 0 of 6T Sele-- , 20087 0 : • OFRCW.BEAL ) NOTARY q� .Oo eo NM MIMS • -OMISSION 08,1015 N TARY PU IC OF OREGON My Commission Expires: 7/(/ fir NOTICE OF TYPE I DECISION n DOWNTOWN DESIGN REVIEW (DDR) 2012 -00006 COMPLIANCE LETTER TIGARD ROSE CITY AWNING 120 DAYS = 1/4/2013 SECTION I. APPLICATION SUMMARY FILE NAME: ROSE CITY AWNING CASE NO.: Downtown Design Review (DDR) Compliance Letter DDR2012 -00006 PROPOSAL: The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long and identify the address and name of the business. APPLICANT: Rose City Awning OWNER: BC Associates LLC 1638 NW Overton 11900 SW Greenburg Road Portland, OR 97209 Tigard, OR 97223 LOCATION: 11900 SW Greenburg Rd., WCTM 1S135DD, Tax Lot 04400. ZONING DESIGNATION: MU -CBD: Mixed Use — Central Business District. The MU -CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multi- family and attached single family residences are permitted. New development and re- development is required to conform to the standards of Chapter 18.610. SUB -AREA: Highway 99W and Hall Boulevard Corridor. This sub -area is intended to create a `pulse - point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Blvd., the area has the hi)h traffic and visibility to draw potential retail customers from the region. It wit also serve the potential for future high capacity transit in the corridor. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground -floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one -story retail -only buildings, to mixed use buildings up to eight stories tall with retail on the ground floor and residential and /or office uses above. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.610, 18,780. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for Downtown Design Review. The findings and conclusions on which the decision is based are noted in Section IV. DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 1 OF 4 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. SITE AND PROPOSAL INFORMATION Site Information & History The site is located along SW Greenburg Road between SW Center Street and SW 90t Avenue. The site and surrounding properties were rezoned to MU -CBD (Mixed Use — Central Business District) in 2010 to create the Tigard Downtown District. Sub -areas were established within the downtown, and this site is located within the Hwy 99 and Hall Boulevard Corridor sub -area. Surrounding parcels are developed with a mix of retail uses, offices and restaurants. Proposal Information The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long and identify the address and name of the business. Because the proposal meets the threshold of a Track 1 Design Review Compliance Letter (Tigard Development Code Section 18.610.010.E.1.a(3)), the application is being processed as a Type I procedure. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS A. Commercial Zoning Districts (18.520) B. Tigard Downtown District Development and Design Standards (18.610) C. Signs (18.780) A. COMMERCIAL ZONING DISTRICT Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the MU -CBD zoning district: Mixed Use — Central Business District. Uses: Section 18.520.030 (Table18.520.1 — Use Table Commercial Zones) The existing use is medical office, which is permitted in the zone. A change of use is not proposed. B. TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS Purpose and Procedures 18.610.010.E.1 addresses when Track 1 design review procedures are required within the Tigard Downtown. Track 1: Design Review Compliance Letter using Design Standards are applicable with the addition of new awnings. The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long and identify the address and name of the business. A Track 1 Downtown Design Review is being requested; this criterion is met. 18.610.030 Building and Site Design Standards A. Create vibrant ground floors, streetscapes and rights -of -way; provide weather protection; and promote safety and security. Intent. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk- facing ground floors and entryways. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 2 OF 4 the ground floor promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces lighting, and features that allow observation and "eyes on the street." The subject property is accessed through a flag lot from SW Greenburg Road. The proposed awning location is approximately 350 feet from the right -of -way. As such, the awning is not adjacent to the fronting sidewalk or in the public realm. However, the proposed awning is located at the front entrance to the building and offers weather protection and character to the building, consistent with the intent of this building design standard. 4. Weather Protection. For nonresidential and mixed use buildings: a. A projecting facade element (awning, canopy, arcade, or marquee) is required on the streetfacing facade of the street with the highest functional classification. b. Awnings /marquees /canopies may project a minimum of three feet and a maximum of six feet from the facade (a maximum of four feet into the public right -of -way). c. The element shall have a minimum 10 -foot clearance from the bottom of the element to the sidewalk. d. Awnings must match the width of storefronts or window openings. e. Internally lit awnings are not permitted. f. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials). The applicant is proposing a new awning to add to the professional look of the building by adding depth to the face of the medical center at its entrance. The awning will be 8' -9" long, less than 6 feet deep and is just wider than the double entry doors that it would overhang. The awning is not internally lit and would be made of exterior grade fabric over an aluminum frame. The weather protection criteria are met. 18.610.055.A Signs 7. Pedestrian - oriented roof /awning signs are permitted. a. Buildings with a height of 20 feet or less are permitted to have one roof sign which extends above the upper surface of the awning structure or the roof line. b. The sign may not exceed two feet above the roof line and may not extend below the roofline. c. The maximum sign area is 45 square feet. d. The sign must be oriented to the entrance of the building. e. The sign may be internally or externally illuminated. f. One pedestrian oriented roof /awning sign shall be permitted per tax parcel. (Ord. 10 -02 § 2) The proposed awning carries the name of the business: SW Family Physicians. The proposed awning would be a pedestrian sign as it is located adjacent to the parking lot and over the entry sidewalk. No other awning signs are located on the parcel. Therefore, the pedestrian- oriented awning sign is permitted. C. SIGNS 18.780.060 Permit Exemptions A. Exemptions from permit requirements. The following signs and operations shall not require a sign permit but shall conform to all other applicable regulations of this chapter and the provisions of Subsection B below: 2. Signs not oriented or intended to be legible from a right -of -way, other property or from the air; The subject property is accessed through a flag lot from SW Greenburg Road. The proposed awning location is approximately 350 feet from the right -of -way and the business name on the awning is perpendicular to Greenburg. Both by distance and orientation the sign would not be legible from the right -of -way. Therefore, the sign is exempt and will not require a sign permit. However, the provisions of B, below, do apply. DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 3 OF 4 S B. Requirements for exempted signs. All signs exempt from permit requirements under Subsection A above shall meet the following requirements: 1. The sign shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right -of -way; and The application for Downtown Design Review is signed by the property owner. This requirement is met. 2. At least one sign shall be permitted per parcel of land; additional signs on such parcel shall be spaced at least 50 feet apart in residential zoning districts and 30 feet apart in nonresidential zoning districts. There are no other signs on the subject building, therefore the spacing standard does not apply. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Downtown Design Review Compliance Letter 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 SEPTEMBER 24, 2012 AND BECOMES EFFECTIVE ON SEPTEMBER 25, 2012. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. September 24, 2012 APPROV BY. Gary Pagenstecher DATE Associate Planner DDR2012 -00006 /ROSE CITY AWNING DOWNTOWN DESIGN REVIEW PAGE 4 OF 4