The URL can be used to link to this page

SDR1990-00002POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. • • STATE aF OREGON County of Wachington City of Tigard AFFIDAVIT OF' MAILING ) ss. I .62 it\ i\AUtA ,!_,/,(._1(*.' +s," depose and say: (Please Print) That I am a. The City of Tigard, Oregon being first duly sworn >,lat'j '''d` for That 1 served NOTICE OF PUBLIC HEARING FOR= That T served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning, Commission Tigard Hearings officer Tigard City Council A copy (Public Hearing Notit /Notice of Exhibit "A ") was failed to each named attached list marked exhibit, "B" on the said onEthe �EiC Ada as o�lxe eto bra. �.n the United States Mail on th y postage prepaid. tv.ttiLlvio...,4( Signature 00 A, AJ2 Person who delivered to POST OFFICE affirm, on oath` Decision of which :. is attached (Marked porn ns at the addr ss shown on the 2-2) 'day of 19' Z) , attached, was posted on an appropriate , 19 90 i and deposited day of..k(-t'�4" Person who posted! On Bulletin Board (For Decision Only) SubsOribed end day of 6r 13,,. Myy Commiss ion ExPi res ,t;9-/tr bkm /APF /DAV,. BKM OTARY PUgli c O?' Oii Axl • CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW - SDR 90 -00p2 McDonald's, 'Inc.' APPLICATION: A request by McDonald's, Inc. for Site Development Review approval of a plan to construct a 5200 square foot restaurant on a 1.7 acre site. Zoning: C -G (General Commercial). Location: 12388 SW Scholia Ferry Road (WCTM 1S1 3480, Tax Lot 401). DECISION: Notice is hereby given that the Planning Director'," designee for m request subject certain the City of Tigard has APPROVED the above re eat auks= ect ' to cent conditions. The findings and conclusions on which the decision is based are . noted below: qY FINDING OF FACT 1. Background The subject property was annexed to the City along with several other properties in 1976 (ZC 12.48)Y •The Comprehensive Plan adopted in 1'983 desaignated the northern section of ' the property Conra►ercalrofeseional. The 'larger southern portion of the parcel was 'designated Medium High Density Residential. site Developnient Review approval for a 304 unit apartment complex on the southern port on wad granted in 1984 (SDR 22-84). The, division of the residentially designated portion o� this parcel fro the e i l y iyted aortio n was approved Land Partition application Mesdbw. Creek A pbay r tMmeinntosa ± were subsequently developed on this site. Ire the of 1985 e 4 Com rehen i ve Plan Amendment and Zone g to p g `g the entire' northern . ss.. nats.ori far poortion f the origanal aropert r from Comxriercial Professional (C- to General �orcial C G ) wag reviewed (CP 3 0 85 /ZC 3 -85) . The request denied by the City Council subsequently appealed to the Oregon Land Use Hoard of Appeals The City Council's decision was upheld In the fall of 1986, a Plan Amendment and Zone Change proposal was requested • to change the designation of 3.9 acres of the parcel. to General Commercial (C-G) (CPA 10 -86 /ZC 111 08) . 'the ensuing staff, Planning Commission, any, City Council' reviews culminat� the original request and ed �n a enods.f ic:atiora of t redesignation of the eastern 2.9 acres of the site as General. Commercial (C-,G) and redesignat..oin of the northwestern corner (1 acre) of the Bite as lieighbc.irhood Commercial (C--N) . The po t designated Cgr¢un+ercial so %zthwestertZ 1,1 acre rt' car remained deny Professional' approved owed a Site aeveZo men►t Review' Development Director pp 25, 1988, the Ac.,ts.ng Coewl request (sDR 88-05) for On March development of a 24,000 square f oot medic al o ffice sui ' ding on 'o'TtCE Or DE. T87O1 - 8DR 90 -0002 - MCIJONALD' S Page •t the northwestern corner of the property. Construction has recently begun on that building. On October 27, 1989, the Community Development Director's designee approved Minor Land Partition proposal MLP 89-14 to, divide tax lot 401 into ;three parcels of approximately 2.12, 1.78, and 1.68 acres- The subject parcel would be the 1.78 acre parcel in the northeast corner of the original tax lot 401. The City has not yet received notification ;'regarding whether the partition has been recorded with Washington County.', Fifteen foot wide vocal 'p easements were approved to be rec.�. located along the boundaries between the,parcels to be created so as to development of a private' internal access road to serve the Parcels. private road would access to both SW North steels. Tl'ae have Dakota Street and SW Scholls Ferry Road. The Scholia Ferry Road access want approved to allow right turns in and out only so as to prohibit left turns across SW Scholle Ferry Road. Vicinity Information Tax Lot 401, the subject parcel, is designated with three different zoning districts, The northwestern corner, the site of the medical office building currently under construction, is zoned both C-N (Neighborhood Commercial) and C-P (Commercial Pro fessional) and contains approximately 2.1 acres. South of this area is approximately 0.6 additional ,acres zoned C -P. This area is a vacant, open field. The eastern 2.9 acres, which contains the McDonald'is site, is Zoned C -G (General Commercial) and also is currently vacant. Map One shows the approved lot partition configuration as well as the current zoning. 3. Proposal Description The building on the proposes northeastern itinog a 5200 sgr�.are f restaurant ' foot rests The g Portion of tax lot 401. restaurant would include an approximately 1800 square foot dining area, a playland and patio area, and drive -thru windows. Two driveways off of the shared private driveway would provide access to the restaurant. Sixty- eight parking spaces would serve the restaurant; including two designated handicapped parking spaces located adjacent to an entrance to the south side of the restaurant. A bicycle rack wouldhalso be located adjacent to that entrance.' Proposed landscaping Would include a variety of maple trees -along the site's Scholls Ferry Road frontage, along the private road on the West, and along the southern edge of the site a Japanese holly would be planted along the northern edge of the parking lot to block the headlights of cars in the parking lot ''from the view of .motorists on . SW Scholls Ferry Road. The,remainder of the site would be landscaped With a variety of groundcovera shrubs, and trees. NOTICE OF DEd SiO T - SDR 90-0002 - MdDONALI r S Page t. A'. cif . Agency and NPO Comments, The Engineering Division has reviewed the proposal and had provided the following comments: 1. The applicant has submitted a detailed Preliminary utility Plane a landscaping plan, and a site grading plan. 2. The parcel was created by a minor land partition (MLP 89- 14). That application required payment of a fee to the City and a dedication of additional right -of -way to improve its frontage along SW scholia Ferry Road as described in "Scholls Highway,' Murray Boulevard- -Fanno C °ek, Hearing Study Report; May 1989. The applicant has; stated that curb and 'sidewalks' within or adjacent to the SW Scho is Ferry might -of -way, although shown on the drawings, will not be constructed as part of this application but rather a Part of the project described in the report. Temporary improvements along S.W. Scholle Ferry' Road will be constructed as! part of the improvements for the previous minoar land partion. 3. The traffic study for the 1986.. rezoning' application that re sulted in the current zoning of ftheilparCell,' ,concluded that developments that typicail r occur with: this zoning would not create' a ' traffic safety problem and that the level Of service for the hurrOurding streets would remain unchanged: The proposed development is a typical cievelopnent fri this g, uentl no ad p zo,nin � cansetl y� c�bta.onal street i.�r rovements beyond those currently proposed are required,. 4. Rcoess to :Stu North Dakota street and SW 5eholis Ferry Road, is provided by a 30. foot driveway created by the previous application. A ;joint use and maintenance agreement is required. 5. Sturm drainage' is provided by in SW Scholl,s Ferry Road , a St ate Highway. The (5840 regr. ire a permit for work within the right -of- way. 6� Sanitary sewer service is provided by a proposed public line at the southwest corner of the site. Thee Oregon State'ii.ghway Division hart commented ;that there are no at�ditional requirements ):.'el'ated'' to this application beyond the conditi.ctns of approval o tie prior Minor Land Partition application for tax lot 401, to iieii of providing street 3Jnprovements to SW Scholls Ferry Rudd along tam ]sit 401 s ;frontage, the developers of the site made a coati: bution 'try the costs of improvements to be made to SW'Scholl.s Ferry Road withinn. the nekt twO years. NOTICE OF 'DECISION M St R 90. -0002 MCDONALD' S Page The Building Division, Tualatin Valley Fire and Rescue District, Washington' County's Department of Land Use and Transportation, Tigard Water District, PGE, and GTE have reviewed the proposal and have offered no cornrnent s or objections. ,No other comments were received. . ANALYSIS AND CONCLUSION The proposal for development of a McDonald's restaurant complies with Community Development Code C ..G (General Commercial) zoning district requirements for setbacks, building height (45 foot maximum height permitted); area (minimum e (maximum site coverage of 85 percent), and p ), g ( g F • landscaped area of 15 Percent). Eating and ( �.mu�rt lands drinking establishments are a permitted use in the C.-G zone, The proposed northern access driveway from the private road is appropriately located 110 ,feet , away from the SW Scholls Perry Road right -of -way so as to allow adequate ' stacking for 'turning vehicles. In addition, t,hio driveway is located directly across from the driveway into the medical office building. The southernmost driveway is also appropriately located. The right turn in/right turn out, onl y intersection of the p rivate road with SW Scholls Ferr;� Road should effectively prohibit left turn movements across a busy arterial. Westbouncl traffic to and from the site will need to use SW North Dakota Street. The Proposal complies with the Community' Development Code 's requirement for, arkin g s p aces for an eatin g and dri nkana establishment (1 space per 50 square feet of dining area or 35 spaces required; 68 spaces to be provided) as Nell as the required number of designated handicapped parking spaces (2 required; 2 provided). The Community Oevelopment Cade requires that one bicycle parking space be 'provided for every ;L :3 automobile spaces. The landscaping plan' rates tha sboe icy cle rack would be located adjacent to an entrance on the th that a of the building., Detaula g : on the type of rack and its capacity will need to be provided as an addendum to the landscape plan. The location of a freestanding sign is shown on the site plan but no details or dimensions are provided. The Code allows one such sign with t a 70 to 90 with maximum size of © 22 feet, depending upon the setback from side and a height cf square feet the street right -of- way. g c location of several wall The building elevations a.ndi .ate , the g appear with Code Lt,andar s for the e location h and size aof to be Sign p ermits will be nece ssary for these signs prior to their installation, DECISION The Director's designee approves Site Develop me pp rat '� ,. ara.el� SD g p e � 90 0002 subject to the foliowin conditions: NOTICE OF ' DECISION v CDR 90 +8002 McDONALD, S Page 4 UNLESS OTHERWISE NOTED, BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE FOLLOWING CONDITIONS ARE SATISFIED: . Provide an addendum to the site and landscaping plan with details on the type and capacity of the proposed bicycle rack. The rack shall have a capacity cf no less than five bicycles. STAFF CONTACT: Jerry Offer, Planning Division, 639 -4171. . All landscaping materials and other site improvements shall be installed or financially assured prior to the issuance of an Occupancy Perm t. STAFF CONTACT:' Jerry Offer. P y i • The proposed privately operated and maintained parking lot and roadway plan - profile and cross section details shall be provided to the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). • A joint use and maintenance agreement shall be executed and City forms for all `common driveways. The recorded on Ci.t standard for, agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Division prior to recording S'T'AFF CONTACT: Jon Feigion, Engineering ,Division - (639 - 4171). • The applicant shall plovide for roof and pavement rain drainage to the public- stormwater drainage system or by an on -site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639-4171). • The proposed pr p ed privately operated and maintained sanitary sewer and storm drainage system plan - profile details shall be provided to the Engineering Division, STAFF CONTACT: Greg Berry, Engineering Division (639-4171). • The applicant shall provide connection of the proposed building to the public sanitary sewer system. A connection permit is qu' issued until the` City had accepted the pre Lred but will not ; be iss raposecl. sanitary 'sewer for operation and maintenance. STAFF CONTACT: Brad Roast, Building Division (639 4171). S. The submittal for a building' permit shall include an erosion control plan conforming to ”Erosion Control Plans - Technical Guidance Handbook, November "° CONTACT: Brad Roast, ' vember 1.989, STAFF' Building Division (639 - 417). 9 . Sign permits shall be obtained pricy;: to the installation of all signs on the property. STAFF OONTACT: Vi Goodwin, Planning Division (639-.4171). THIS ALPR01AL IS VALID YF EXERCISED WITHIN ETGETEEN MONTHS OF FINAL HEARING DATE LISTED BELOW NOTICE OP DECISION SDI. 90 -0002, .. 1cDONALD' S age 5 • PROCEDURE . Notice: Notice was published in the newspaper, Posted at City Hall and mailed to The aPPlicant and owners ,Owners of record within the required distance µThe affected Neighborhood Planning Organization X Affected government agencies • Fin,%:) . Decision: THE DECISION SHALL BE FINAL ON 4/3/90 UNLESS AN APPEAL IS PILED. 3. 1paaeal: Any pasty to the decision may appeal this decision in accordance with Section 16.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.ma ,4 3 9C 9 p Questions: If you have questions, please call Cit'y' of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. Prepared by: Apprrved by: 0 ►e ,.f Air/..401 Leith Linen, br /SDP,90 --02. jo ate Planner • Senior Planner NOTICE OF', DECISION - SDR 90 -0002 - McDONALD' S Date: /iL�c�,, aaiy90 Date: 4; 4 Page 6 A. w �S.HIf. PEt��M�R tat Ci SOS • Sp co S.w s 41 yes 400 auftt irE aing C fR, LA CieR, R. el M. 0 0, A z O a A.NTO_Nd„ OR V f Y.Y r kSUMM BLAKE PARK !:. • EEMO s ECG WA E 1111 HIll sw 11. ILLVI an CT. 0 IA S N9;'' SCHOL WOOD IONS S. MA�hIN CT ailik ■ ■t •h+ s.w SLIMMER ' ''S`s 11 SU P4MER CREST SAY•♦ M. ESTONE C •5\ ft MI II #11, 111111 11140" 'T*1;44 to cos moo SA, BU R1- • SDR,- 90.0005 1S134BC -00300 • .. .! PORTLAND FIXTURE LTD PTNRSHP PO BOX 5308 338 NW. 5TH AVE PORTLAND OR 97228 15133AD -02400 .•.•P tlelsr..... HRABIK, RAYMOND A FRANCES % CUNNINGHAM, LEE REED REED W 13385 SW 115TH TIGARD OR 97223 iS133AD- 00100 • • . •....... • . • NIEDNER, FREDERICK A & ESTHER M 10500 SW TARPAN DR BEAVERTON OR 97005 18133AD- 12000 aAree••n•• «••eba•w COLLINS, SCOTT R fic MARY E 11285 SW SUMMERLAKE DR TIGARD n�r OR 97223 e • . • • • re- e�„o'. r w. a« r w i. o r•. s s 00G.1Jr'^iaAe8181. JaiSBDIM 1BADr,11IOD'',.. SVIACQ 3_ Ian.^ .A..,ra e 2 WS • I OviI� y 8 rI' AZ'i ^I•Ai ,J r^ i i"a YiK / °.a eiSICe AO • •.r ...'' 0O 1- CLAEEI2I OIIUS 'RTTH8BI$OM MOG ▪ ,. »..., ^.,, .: 4..s Q r oa, 0{q .. • • • o w . • o • • • • • • J A8W1ST S . 1S133AA -04500 . e .. DAVIS, MICHAEL R AND J1 ANNE R 5970 SW SPRUCE BEAVERTON $10 0OrRI 0AE6181 7 YHRST s48q0011 F00 I' " -W. SR3Ri ... • OR 97005 BRUCE GREENING' 10220 SW GREENDURG ROAD TIGARD OR 97223 MCDONALDIS, 10220 SW GREENBURG ROAD TIGARD/ OR 97223 1S134BC- 0040: ,,. ....,••••••••••••0 REAL ESTATE EQUITIES JOINT VENTU BY SBF ENTERPRISES INC 9777 WILSHIRE BLVD #710 BEVERLY HILLS CA 90212 1S133AD -02500 ....... KINDER—CARE LEARNING CENTERS INC 2400 PRESIDENTS DR MONTGOMERY 0 464004 0,• *4006 AL 36116 1S133AD -00200 • e w r e . KOUTZOUKIS, HOMER & ANN 5952 SHORT' ST YORBA LINDA CA 92686 15133AULi- 12100 ............... DON MORISSETTE BUILDERS, INC PO BOX 19524 PORTLAND 1S133AD -12300 ... OLLIGA.N, EaCHA731, S 11347 SW STMMERLAKE TIGARD OR 97219 • 00 • & KRISTIN K DRIVE OR 97223 ccTT• . Q TT.:.Y1C D0 .C- YaA1ccieI' CaRacd1US `L TTS88i1OM r oa oq rffP SAO QITRO' 15133AD- -12700 .•. r•r'r.•... H0OPER, 'TERRY a E AND TERESA L 12621 SW SPRINGWOOD DR TIGARD OR 97223 181348B- 003.00 q. • • • .: r . .• * .. s e ► • . a • • d SCHOL LS TERRACE APTS PARTNERSHIP 838 8W' FIRST STE 509 PORTLAND OR 97204 JAMES 'BOYLAN 11844 SW MORNING HILL DR TICARD, OR 97223 • ,• •i■ , AflIL)P(„:.,. T OF PUBLICATION RECEIVED, MAR 2 8 199u M. NORMAN T� ip , �evwt,0,�n*1ea�to%eG�,Rpqrtp BEING �'�:R5'�` DULY SWORN D�:PtaS� '�,3�EC3 THAT 1 AM THE PRINCIPAL CLERK OF THE PUBLISHER OF THE CJREGoaIAN, A NEWSPAPER or GENERAL CIRc UL,ATIO , AS DEFINIED 5Y ORS 1930010 AND 193,020, PUBLISHED IN THE CITY OF PORTLAND, IN MUL,'TNOMAH CL;UNT f OREGON. THAT THE ADVERTISEMENT, THE PRINTED TEXT OV WHICH IS ,SHC)NM BELOW, WAS PE,JRJ ISHE D IN THE ENTIRE AND REGULAR .ISSUES OF THE OR 'GONN IAN FOR 1 DAYS STARTING 03/23/90, ENDING 03./23/90 SUS ',R [ D AND SWORN TO 3E E! ORE : ME THIS PRINCIE AL CLERK OF THE PUBLISHER 9 DA MY COMMISSION EXPIRES; Imarewasmazioff My Cr: !.irn sir, n AD TEXT 279521 PUBLIC HEARING NOTICI? CITY OF TIGARE SITE DEVELOPMENT T RE:.VIE SDR 0 MCDON AL D t S/ RE ENING NPC #'7 THE [DIRECTOR HAS APPROVED SUBJECT CT TIC CONt)ITIONS A REQUEST FOR SITE VELOPMENT REVIEW. APPROVAL TO AGCi0W COMSTRUTIC3N OF AN APPROXl MEAT .L( 5,200 sOtJA'RE FQOT C;DxM MERCTAr BUILDING, ZONE; CoG (GENERAL COMMERCIAL), L C A TION: 12388 SW SCUriL,r s FERRY ROAD NEAR TH SOUTHEAST CORNER L)F SCROLLS FERRY ROAD AND SW NORTH DAKOTA STREET (WCTM i53 34BC, TAX LOT 401) THE ADOPTED FINDING OF FACTS, DEC 5Irf', AND STATEMENT DP CONDITIONS c' OBTAINED rD FROM THE PLAN N. J DEPARTMENT, TIGARD, CIVIC CENTER CENTERo 13125 SW HALL BLVD,, PwD BOX 23397# TIGARD, OREGON 97223 THE DECISION SHALL BE FINAL ON APRIL 1, 19900 ANY PARTY TO THE DECISION MAY APPEAL THXS DECI SION IN ACCORDANCE CE «x W Tt SE►CTIn • ,: Mg I II 111, +,��$, w2.e29O, {'\ AND SECTION 10#32 37O OF ,THE �aF:GMMWTI,,T( DE•1 NEFLOPM {i} D el WHICH PROVIDES THAT A WRITTEN APPEAL: MAY t f 1L$ V N 'DAYS'!ArVER NOVICE IS GIVEN A O M ',.g THE f ,EAD INa, FOR F'XL NG ` OE' AN APPEAL IS 3'4'30 P APRIL :3p 1:990m TH4 HEARING' ON AN APPEAL WILL BE DE NOVO0 SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRF'' r 'LOCATION ,,1.M*,�^ TAX MAP AND TAX LOT NO. CASE NO. S 47 OTHER CASE NO'S: RECEIPT NO." Al ?PLICATION ACCEPTED BY: DATE: Application elements submitted: SITE SIZE A Po '`i "51-" PROPERTY OWNER /DEED HOLDER* P, ..;0 1' [ ,.,_ ADDRESS PHONE V1-5 o 9rr CITY P)prc.A,N.), l APPLICANT* Im,;Ct ADDRESS joi2.o '° C 12 Ek ar �1 . P� PHONE -,CS CITY _f bp-:r 1 *When the owner and the applicant are different people the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owrer with written authorization. The owner(a) most sign this application in the space provided on page two or submit a written, authorization with this application. 2 PROPOSAL SUMMARY The Owners of record of the subject property request site 'evelo wen; t review aPP � 1 to Cbi Nt tikiiCt i. c 06SIA v-t "- ('',)(D) Assessor's map (1) c p,,v' *(E) Plot plan (pre-app checklist) rF) Applicant's statement (pre -app chet.klist) (G)' List of property owners and . addresses within 250 feet (1) H) Filing fee ( ) (I) Construction Cost Estimate 2 c, 4fre/t) DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ ZONE DESIGNATION:; N.P.O. Number: Approval Date: 0524P/13P Rev'd 5%87 `inal Approval Date: Planning ,ngineering • List any variance, conditional use, sensitive lands, or other land use actions to be considered as part of this application: 140g4e.: • Applicants To have a complete application you will need to submit attachments in the attached information sheet at the time you submit this application. • THE APFL,ICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be' attached to or imposed upon the subject property. • If;'the application is granted, the applicant will exercise th rights granted, in `'accordan., :e with the terms and subject to all the conditions and of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it ,; is found that anir such statements are false. • The applicant has read the entire contents of the a? ?cation, including the policies and criteria, and understands the requi, forts for approving or denying the application. DATED this day of 19 go husband and wife) of the subject property. 1S134BC -00300 ...OY•••••••••1 PORTLAND FIXTURE LTD PTNRSHP PO, BOX 5308 338 NW 5TH AVE" PORTLAND OR 97228 1S133AD -02400 0 ................. HRABIK, RAYMOND A FRANCES % CUNNINGHAM, LEE REED REED W 13385 SW 115TH; TIGARD OR 97223 151313AD- 00100 ... .. ..... NIEDNER, FREDERICK, A & ESTHER M 10500 SW TARPAN DR BEAVERTON OR 97005 • 1S133AD -12000 •.w•r•..•...ti..•••. COLLINS, SCOTT R & MARY E 11285 SW SUMMERLAKE DR TIGARD OR 97223 1S133AD- 12200 . • • . . DON MORISSETTE BUILDERS, INC PO SOX 19524 PORTLAND '' OR 97219 18133A0- 412400 .... • .. • ... • . . DON MORISSETTE BUILDERS, INC PO BOX 19524 PORTLAND OR 97219 •••,J•• ..••e er •. DON MORISSETTE ' BUILDERS y INC PO BOX 19524 PORTLAND OR 97219; 1S133AX 0400 ••••••e.•r••r DAVIS,'' MICHAEL 'K AND JEANNE R 5970 SW SPRUCE BEAVERTON OR 97005 1S134BC -0040 w' •••••••••••Y•••••• REAL ESTATE EQUITIES JOINT VENTU BY SBA' ENTERPRISES INC 9777 WILSHIRE' BLVD #710 BEVERLY HILLS CA 90212 1S133AD..02500 ......... KINDER —CARE LEARNING CENTERS INC 2400 PRESIDENTS DR MONTGOMERY AL 18133AD- 00200 .••• •• KOUTLOUKIS, HOMER & ANN 5952 SHORT ST YORBIL LINDA 36116 CA 92686 15133AD- 12100` ......•.. ....... DON MORISSETTE BUILDERS, INC PO BOX 19524 PORTLAND OR 97219 1S133AD -12300 •...... .....• COLLIGAN, MICHAEL S & KRISTIN K 11347 SW SUMMERLAKE DRIVE TIGARD OR 97223 1S133AD- 1250.0 • 0 • • • • o • w Y,• . • • • • • n • h u DON MORISSETTE BUILDERS, INC PO BOX 19524 PORTLAND OR 97219 1S133A D. 12 / 0 ®:... Y r s a • • • • • u e • • . A s • • it r. • HOOPER, TERRY E AND TERESA L 12621 SW SPRINGWOOD DR TIGARD OR 9 1223 181348E -00300 •••w•• .6•••srss♦r• SCROLLS TERRACE APTS PARTNERSHIP 838 SW FIRST SE ,509 PO ATLAND OR 97204 A.. 7 TO a sr REQUEST FOR COMMENTS DATE: February 22, 1990. ✓..t..ry,.�:...�{- i «.- .7.,.a1.. '(v'4:.::,ti:.�. ' _iw.'.[:.:•M,.11 ,.a,A.d..M1 +11ci FROM Tigard PlannjY g 'Department RE: SDR 90 -0002 MCDONA D'S /;BREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot commercial building. ZONE: C -G (PD) (General Commercial, Planned Development) LOCATION: Near the Southeast corner of Scholia Ferry Road and SW North Dakota Street (WCTM 151 34BC, tax lot 401) Attached is the Site Plan and applicant's statement for your review. From p 9 information available to our various staff, artme nts and a enc�.es and from. other pp y prepared decs�.o r a report and recommendation will be r� ared and a n will be rendered on the proposal in the near future.' If you wish to comment on this application, we need your comments by Mar. 5* 1990. y the space provided below or attach a separate litter to return your comments. /f u are unable to res and b the above date, please your comments and confirm your Ccia�mm�i�.tshg in staff contact st noted below with our cAmme this matter, contact the cigar possible. If you have any questions regarding Department, PG Box 23397, 1.31 25 SW © d Planning Depa E Hall Blvd-, Tigard, OR 97223. PHONE. 639. 41 71 STAFF CONTACT: Jerry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the roposal a have no objections to it. P P n ha Please contact of our office. Please refer to the enclosed letter. Written CorT,Ient s : Name of Person Commenting: Phone Nuurrber bkmf DR94 -02.i -t Is NPO No. • CITY DEPARTMENTS NOTIFICATION LIST FOR ALL APPLICATIONS 2 copies) Building Inspector /Brad R. ity Recorder Engineerin Gar �� Y A. • SPECIAL ISTRICTS Fire District (pick -up box bldg.) Tigard W.D. 8841 SW Commercial Tigard, OR 97223 Metzger W.D. 6501 SW Taylors Ferry Rd. Tigard, OR 97223 • AFFECTED JURISDICTIONS Wash. Co. Land Use & TranaP. 150 N. First Ave. Hill >boro, aR 97124 rent Curtis Martin Joann Ride Scott King Fred Eberle v/ Mike Borreson C ity of Beaverton % J-im Hendryx PO Box 4755 - 4755 SW Griffith /'. Beaverton, OR 97076 State Highway Division Lee GUnderSon PO Box 565 Beaverton, OR 97075 SPEC' AGENCIE General Telephone Mike McSherry /,Beaverton 4155 SW Cedar 81118 Blvd. , 97005 - Bob Olsen 12460 SW Main 97223 �.� Northwest Natural Gas Ronald 0- Polvi PE, PLS 220 NW Second:Ave« Portland, OR 97209 TCI, Cablevision'of Oregon, Inc. 3500 SW Bond OQirfLAN0, D' C?7ZOI CPO No. Parks & Recreation Board Police Other School Dist. Nop 46 (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 School Dist. No. 23J (Tigard), 13137 SW Pacific Hwy. Tigard, OR 97223 Boundary Commission 320 SW Stark Room 530 Hillsboro, OR 97124 METRO 2000 SW let Ave. Portland, OR 97201 -5398 --__ Other V .. Portland General Electric Bran Moore Portland General Electric 14655 5W Old Scholls Ferry, Beaverton, OR 97007 Metropolitan Area domMulaideloni210. Harlan Coils ,Twin Oaks Technology Center - 1815 NW 169th Place, S -6020 '? Beaverton, ' OR 97006.4886 Pacific Northwest Eel,l I'V fl Aeronautics Div. (ODOT) DOGAMI Engineer Division of State Lands Board of Health Commerce Dept. -- M.U. Park Fish & Wildlife Parks & Recrea. Div. (ODOT) LCDC Subdivision'Supervisor PDC Dept. of Energy' _ Fire Marshall Dept. of Environ. Quality Other Corps of Engineer's Other Post Office . OTHER. Notif .'MST Southern Pacific Transportation Company Duane M Forney, PLS - Project Engineer 800 NW 6th Avenue, Room 324, Union Station Portland, OR 97209 i"4L- o, DR» tlfz PP t: L: r .. NT NO /A ;F R , i k . i t ' 1 "S 'i 4T ' riMut.l 1 it,ipa a oF d ' "'' fi s��r w4.fy�.tw dfr WMaM1+N «w .,M4.«,wwaYm+wt 1 wY+'..i�vN.Nw rrw MSi.+.�Mw4 K+. arriis«h�.rw ''...f+Mn�..un rrv..+•�•aa.MMwnn.4 «w+w.w rn�n n.v.wc:..J rw�..w wa...��J.+.+N."�r,,:.•.� ��r�,x+p5fi.v •ur.+w:W t;..Aisf USE OP PL IT F YTS OF TIOARD 13125 SW Hall. PO pax 23397 Tigard Oregon 97223, 4,) (O3) 639-4171 V,NEtylt., INFORMATION pl .l; ss /ll`ti/cA1-l.O ;.i If'4 4- il . La � . 'AP AND TAX LOT NO AIM 44- �.�.Ilua� Piz, ,''" ' O gm/DEED 'OLDER* W .. ZIP APPF »1I CANT* At Y,, __ If �t . CIE 04,614iks r TIP,MtiY ADDRBS PHONE { c°"„»" ,r� ZIP *When the owner, atd the ;p ant ' are, different peop1eq the applicant taus the , purchaser of tetord a lease in Possession With written au1 hori4atiot ' om the o mer or an agent of the o'mer with written s . thorization. The owriwr.'(s) must sign this app Litatio . it the sp provided 00 page two or , 1a en authorization with this sppiicat On. PROPOSAL Ur ' Deers s oaf tie subject property C441 0 p►rovs.r to is gdA M1 '� 1"11 YfbTM� _ "'. .• �, �t#� yl�` . +..f t wnRxmA•6'. .e' '.w.Fo � '"*'�" " "re•rar 0524P/1 3P Revs' d 5/87 FOR STA.p , USE ONLY CASZ 14°' OTHER CASE NO'S: RECEIPT NO. APPLICATION AccEPTED !ff p narttza:at* DATE„ App1ic riot elements subn ittad N: t (A) Application form (B) Owner's lr> ten � n (1) ( q (E) ?at .' n p thec list) °rid °s r S- 411 it r .p Y addres a s s 't in 250 wne g 14 a 4 tk7 4'„ 4 // )' x mStructiol COF t E$tinite DATE.DETEAMIN8b TO DE COMPLETE: e,T �-P d° F I NAt D BADL,LNE : OomPs PLAN/ZONE DESIGNATION: Approval xl Date iii, Apptrc, 1 pate! P;1-1'Cl n i n,g Et*1 tiering 7MM4 ' v variance,' conditional use, sensitive lands, or other land use actions be considered as part: of this application: 4, Applicants w To have 4 complete„ application , You will need to submit attachments described in the attached information sheet At the title You submit this appl;i(:',at'ion T E APPLICANT(S) SHALL CE ..Tl ` ' THAT: 't~h aho e re t~ at does not vioxate any deed attached to or L. xostd ut cad the sub,j c r.s2srt If the application is ' granted, the applicant: granted in accordance with the terms and subject limi tatl4 f$ of the approval C4 AA' ctf the attachments, applicants application, false. t atrrictions that _242,,Ay he' viii exercise the rights to all the conditions and abOve scat& Ments and the ;statec.ents m e p p s and exhibits ' transmitted herewith are true; and the so acknowledge that any permit issUed, based on this may be revoked if it is found that any Such statem 'itta are The applicant has read the' entire contents of the application, including the pct l ,,Gies and criteria, and understands the requirements for . pp 'O "i n, 4'4,n ins the appl cat ion. b 5th February 1„ 90 DATED this dad' of Si :xNATC "_" f each OW II s .,f «g. husband and wife) of the s 1ject: props Kenneth R. Zi nsl i Assistant Administrator Building Services �V MEMORANDUM CITY OF TIGARD, OREGON TO: Jerry Offer, Planning March 14, 1990 FROM: Gre g Berry, Utility Engineer, SUBJECT: .SDR 90 -02 McDonald /Breening Description: The applicant proposes to construct a 5200 squat's foot commercial building near the southeast corner of Scholls Ferry Road and North Dakota Street. Findings:' . The applicant has submitted a detailed preliminary utility plan, "a landscaping plan, and a site grading plan. 2 • The parcel was created by a minor land partition (MLP 89-14). That application required payment of a fee to t he City and a dedication of additional right -of to improve its frontage along SW Scholls 'Ferry Road as described in Scholls Highway, Murray B vard -Fan Hearing described � �r oule rio Creek, H Study Ropoet; May 1989. thin or adjacent to l the 5W Scholls Ferr right although shown oks wi y g n tube �1raw:Ln a, will not be g pp i.oar'it has stated that curb an e�. e wa The a l congtructed as part' oof this application but rather as part of the project described in the report., ; Temporary ,improvements along S . W . Scholls Ferry Road will be constructed as part of the improvements for the previous minor land ' part ion • The traffic study for the rezoning ;application -►that resulted inalhe g the 1986 rezon occurwith this zonin would not create a', traffic safety problem and that :zoning of the areel, concluded that dovelop yp y, occur w g The prop . P rpical development for this zoni.._g, conse uently, no eadditionals street improvements beyond those currently'; y proposed are required„ S lls Ferry Road is provided by a ► Z1cCess t� SW North Dakota byes :heanprs�viousoapp�.cata.ari. joint use arid S0 foot driveway created A Dint u ako a maintenance agreement is required: a Storm drainage is provided by an inlet in 5W SCholls Ferry Road,, a State H x g y , � Permit � rk Within the right of -way: Hz hwa 7.he OSHD will require a ermit for ait�' -jc ENGINEERING COMMENTS (SDR 90 -.02 ) PAGE 1 • Sanitary sewer service is provided by a proposed public line at the southwest corner of the site. Recommendations: 1. The proposed privately operated and maintained parking lot and roadway plan-profile and cross section details shall be provided to the Engineering Division. STAFF CONTACT: Gary Alfson, Engineering Division (639- 4171) joint g 2'. A oint use and mai�ntenar �e agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Division Prior to recording. STAFF CONTACT: Jon Feigion„ Engineering Division (639-4171). • The applicant shall provide for roof and pavement rain drainage to the Public stormwater drainage system or by an, on -site systes; designed to prevent: runoff onto the adjacent property. STAFF CONTACTI Brad Roast, Building Division (639 -- 4171) . The proposed privately operated and maintained sanitary Sewer and storm drainage system plan-profile details shall be provided to the Engineering Division. STAFF CONTACT: Greg Berry, Engineering Division ( 689 - 4171). . Lcanu The appl t shall provide connection of the proposed building to the ► public sanitary sewer system. A connection permit is required but will not be issued until the City has accepted the proposed sanitary sewer for operation and maintenance. STAFF CONTACT: Brad Roast, Building Division (639-4171). • The submittal for a building permit shall include an erosion control plan conforming to "Erosion Control Plans - Technical Guidancs': Handbook, November 1989." STAFF CONTACT: Brad RoaBt, Building Division (613,9-4171). APPROVED Randall R. Wooley, City ' n • ineer dj/GB SDA90.02 ENGINEERING COMMENTS (STIR 9Q A2) 110E= r6 dj /SDR90 -02 MEMORANDY7.;�' CITY OF TIGARD, OREGON 0: Jerry offer, Planning FROM: Greg Berry, Utility Engineer SUBJECT: • :SAR 90 -02 ,McDonald /Greening, March 9, 1990 Descript . on f The applicant proposes to construct a 5200 square foot commercial building near the s outheast corner n er of Scholia Ferry Road and North, Dakota Street. Find ngs: l4 The applicant has submitted a detailed preliminary' utility plan, a landscaping plan, and a site grading plan. The parcel was created by a minor land partition (MLP 89-14). That application required payment of a fee to the City and a dedication of additional right -of,-way to improve its frontage along SW Scholls Ferry Road as descri bed in "Scholls Ri g hwaY, M u rra y Bculevax d -Fanno Creak, Hearing studYJtePortt, May 1989. The Scholia applicant has stated ,that curb and sidewalks within or adjacent to the SW r Po lica Ferry right-of-Way, although shown on the drawings,, will not be conetructd as Part of t as a his application but rather a p rt of the project Road will be constructed asepart of the im rovements for the previous minor i rovements along 8. p he previous minor land portion. Present zoning is the result of a previous decision(CPI 10 -86/20 18 -86) hat found that the traffic study submitted by the applicant did not create a traffic safety problem and that the overall impact upon adjacent streets will be minimal and the level of 3ervioe for Scholls Ferry Road, Sorrento Road, and North Dakota Street w ll remain Unchanged. ... SW North Dakota street and Sal 5ch0lls Ferry Road is provided by a 30 Y Y P Pp A joint use and ceea�t od maintenance r'��ewa created b � ..:the reviotxs a 1 is n U foot atio Hance agreement is drainage required- Storm ge is provided by an inlet in SW Scholl s Ferry Road, State ENGINEERING COMMENTS (SDR 90•-0 PAGE .3 /4 .+,«., F;. Highway, The OSHD will require a permit for work within the right-of-way - M Sanitary sewer service is provided by a proposed public line at thy: southwest corner of the site Recommendations: . The applicant shall obtain a permit from the state of Oregon Highway Division, to perform work within the right -of-way of SW Scholls Ferry Road. A copy of the permit shall be rovided to the `Cit Engineering Division p City g Prior CONTACT: Gary riot to issuance of a Public Improvement Permit. STAFF GpN ACT. Alfson, Engineering Division (639-4171)* 2. The proposed privately operated and maintained parking lot and roadway plan - profile and cross section details shall be provide to the Engineering Division- STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 3. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall 'be referenced on and become part' of all applicable parcel Deeds. The Agreement shall be approved by the Engineering Division prior to recording. STAFF CONTACT: Jon Feigion, Engineering Division (639-4171). ▪ The`appiicant shall p rovide for roof and pavement rain drainage to the public stormwater drainage system or by an on -site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639-4171). • The proposed privately operates and maintained sanitary sewer and storm drainage system plan- profile details shall be provided to the Engineering Division. STAFF CONTACT: Greg Berry, Engineering Division (639 - 4171). Th applicant shall provide connection of the proposed building' to the 6. public sanitary sewer system. A connection permit is required but will not be issued unt::i the City has accepted the proposed sanitary sewer for operation and maintenance. STAFF CONTACT: Brad Roast/ Building Division (639-4171)4 7. The submittal for a building permit shall include an erosion control P 9 lan conforrin'to °Erosion Control Plans. - TechniBul Guidance Rondbook, November 1989 STAFF CONTACT :, Brad R , ca ig Division (639 -- 4171). APPROVED: . , Y, Y �i'..nee �tandall, R. Woo1.4�, Git :Ens i ENGINEERING COMMENTS (8DR 90.-0 a ri REQUEST FOR IENTS TO: . lSC 1 DATE: Felaruary 22 1990 FROM: 'Tigard Planning Department RE: SDR 90 -0002 MCDONALD'S /BREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot commercial building. ZONE: C -G (PD) (General Commercial, Planned Development) LOCATION: Wear. the Southeast corner of Scholls Ferry Road and SW North Dakota Street ('WCTM 1S1 34B0, ,tax lot 401) Attached ` is the site Plan and applicant's statement for your review. Prom information supplied by p g %t from . other. various de artmr -snte and a enciem an information available to our staff, a report and recommendation will be prepared and ,',a decision will be rendered on the propos al in the near future. If you wish to comment on this application, we need your coin rents by Mar. 5, 199®. You may use the space provided below or attach a separate letter to return .p a, above date please eturn your comments. If 'you re unable, to res on�c�, by the abov phone, the staff contact noted below with your comments and confirm your comments in writing as goon as possible. If you have any queS ions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd-, Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: Jerry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal i.nd' hate no objections to it. Please contact of our office. ,Please refer to the enclosed letter.`; X Written Comments: .5e././.9.1 r `� 4. 4 5 .. i e4e) t R vcic0et�h0 TSr 6 re ice' 2: • w - d.4''1e,, /j Si://e: .•w 16 40 e 5. d � V'G ch .41 G..Y'rG.. G+Y v ✓/ Name of Person Commenti Phone Number: ...r'"' blue /SDR90 -.02. BKM OPP- AtiareApr itteieD PNiI MAR 05 199 O At MS EC TO: • 0 "A!' . r • t„,. MODEST FOR CS FROM Tigard. Planning Department DATE: 1 February 22, 1990 SDR 90 -0002 MCDONALD ' S /GREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot commercial building. ZONE:' C -G (PD) (General Commercial, Planned Development) LOCATION: Near the Sot east corner of Scholls Ferry Road and SW North Dakota Street (WCTM 151 348.C, tax lot 401) Attached is the Site Plan and applicant's statement for ;jour review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision 'will be rendered on the proposal in the near future. If ou wish nt on this applications we .,,��ed your comments by Mar,. 5, 1990. you may use the space provided below or attach a se P arate letter to return your Comments. If ou are unable to respond br; "the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regardinq this matter, contact the Tigard, Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 - 4171. STAFF CONTACT: Jerry_Offer pLgASE CHECK THE FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have :o objections to it. Please ,contact of our office. Please rea:er to the enclosed letter- Written Comments : r Name of Person Commenting Phone Number: rt bkm /SDR9O -02 . NKM . •r ilE EIV D l i� MAR 011 O ft, • TO : REQUEST _ FOR ANTS DATE: February 22, 1590 PROM: Tigard Planning Department RE: SDR 90 -0002 MCDONALD'S /BREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot commercial building. 'ZONE: C -G (PD) (General Commercial, Planned Development) LOCATION: Near the Sortheast corner of Scholls Ferry Road and SW North Dakota Street (WCTM 1S1 ,343C, tax lot 401) Attached is the Site Plan and applicant's statement for your reviow. From information supplied by various departments, and agencies and from other information available to our staff, a report and recommendation will be pre;yared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 5, 1990- You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond the above_ date, please phone the, staff contact noted below with your comments and confirm your comments in writing as soon as possible. If ,jrou have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, oR 97223. PHONE: 639- 4171. STAFF CONTACT: Ferry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it Please contact o: our office. Please refer to the enclosed letter. Written Comments: RallitSPIANNING, MAR 0 1 199 ,rapt " t d`j heiot 64 e $7.40,74°01 tar i'"Li �''t ► 419 4 v4__b_____the 64#1.1 3‘e kot +id/ p ?hi Ali- )1/ 1,40 At. .S14 *1 440404 1144.41 Name of Person Commentings Phone Number b tm /sDA50- 028X14 fi r FEB 2 8 19 WASHINGTON COUNTY iP :PART MENT OF LAND 1. E AND i $ A,NS' 'Poi CA1 ION REQPEST FOR STS TO: ' ! . /i.�+�. �l.J 1 ` t c'V ` L C .h FROM Tigard Planning Department RE: SDR 90 -0002 MCDONALD'S /BREENING A request for Site Development. Review approval to allow construction of an approximately 5,200 square foot commercial building ZONE: C-G (PD) (General Commercial Planned Development) LOCATION: Near the Southeast corner of Bcholls Ferry Road tax ?got 401) and SW Dior °tl. Dakota Street. (WCTM 1S1 3480, 4 DATE: Felbruary 22' 1990 Attached is the Site Plan and applicant's statement for your review. From information ' .supplied by ', various departments and agencies and .from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near. future. If you wish to comment on this application', ire need your comments by Mar. 5, 1990. You may use the space provided below or attach a separate letter to return your comments. If ' ou are unable to res •ond b the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard' Planning Department, PO Box 23397, 13125 SW Hail Blvd., Tigard, OA 97223. PHONE: 639 -4171. STAFF CONTACT: Jerrv:Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: x We have reviewed the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter. Written Con ents; Name of Person Commen in g oh. P. Miller, Administrator. Phone Number: .. %SDE94- 02 . B? M t. SST 'FOR' COMMENTS TO Q DATE: - February 22, 159th.. ll +Tt�Jsl� a FROM: Tigard Planning Department a RE: SDR 90 -0002 MCDONALD'S /BREENINO A request for Site Development Review approval to , allow construction of an approximately 5,200 Square foot commercial building. ZONE: C-G (PD) (General. Commercial, Planned Development) LOCATION: Near the Southeast corner of Scholia Ferry Road and SW' North Dakota Street (WCTm 1S1 34BC, tax lot 401) Attached in the Site Plan and applicant's etaternetnt for your review. From information supplied by various departments and agencies and from other information available to our staff, a reporic and recommendation will be prepared and a decioion will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 5, 1990- You may use the space p provided below or attach.. a .separate:: Letter to return your comments. If ou are unable to res ur .r..Y p id by the .aboue date. please Y confirm your phone .. the staff contact noted below with our comments -rand comments in writing as soon as possible. if you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd «, Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Jegry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 1- We have reviewed the proposal acid have no objections to it. Please contact of our office. Please refer to the enclosed letter. W ritten Comments: Name of Person Cbirinientings Phone Number: bkM /SDR90 --02 . BKM REQUEST FOR COMMENTS TO: Poy DATE: Februar 22 1990 FROM: Tigard Planning Department RE: SDR 90 -0002 MCDONALD'S/BREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot g (pp) ( planned commerca.a7. building. P Development) ' LOCATION: Near the Southeast corner of commercial, lls Ferry Road P ) and SW North Dakota Street (WCTM 151 34)30, tax lot 401) Attached is the Site Plan and applicant's s statement for your rCvLew. From information supplied by various departments and agencies and from other information available to our staff r a re p cart ' anand recrecommendation recommendation will be prepared proposal in the near future. If You wish to coMmentnon� this applications we need your continents by Mar. 5 Y space provided separate letter to 1990. eturn your comments. thIf:g oue are ounable to respond by the above �date please y phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, 97223. PHONE: contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR NE : 639- 4171, STAFF CONTACT: Jerry, Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _.;>.5.1._ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: ( €4 bkm /SDR9O -02 . SF,111 9 TO: V k \C REQUEST FOR COMMENTS DATE: February 22 , 1990 FROM: Tigard Planning Department RE: SDR 90-0002 MCDONALD'S/BREENING A request for Site Development Review approval to allow construction of an approximately 5,200 square foot commercial building. ZONE: C -G (PD) (General Commercial, Planned Development) LOCATION: Near the Southeast corner of Scholls Ferry Road and SW North Dakota Street•(WCTM 1S1 348C, tax lot 401) Attached is the Site Plan and applicant's.' statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will h prepared and a decision will be rendered on the proposal ,.,., A' If you wish to comment on this ; application, we 1 ��,.5�,� � � �, �,'� �][R+ 1990. You ma use the space provided below o: 'QUA jN . return your comments. If you are unable to rq PAR vER'�'�� 'FIRE phone the staff contact noted below with y�oux � A comments in writing as soon as Possible. If you C�N� ��I�CNII -t this matter, contact the Tigard Planning ,'Departs peP�ty Flre (Marshal Blvd., , Plansxarniner Hall Slv Tigard, DR 97223. PHONE: E39 -41.1 03.520'2502 STAFF CONTACT: Jerry Offer'.! �-AX 526 -253 Drive a oleyo� 9200 PLEASE CHECK THE POLLOG, ING ITEMS THAT. APPLY: d75'3 S W. Griffith Beaverton, We have reviewed the proposal and have 'no objections i to it. Please contact of our office» Please refer to the enclosed letter. Written Comments Name of Person Commenting: Phone Number: bkm/SDR90 -02.1 ler 2 PROPOSE:, DESCRIPTION FILE NO: SITE DFEVELOPMENT REVIEW SDR 90 -02 FILE TITLE:' MCDONALD'S /BREENING APPLICANT: BRUCE BREENING 10220 SW GREENBURG RD. TIGARD, OR 97223 OWNER: MCDONALD'S 10220 SW GREENBURG TIGARD, OR 97223 REQUEST A REQUEST FOR SITE DEVELOPMENT REVIEW APPROVAL TO ALLOW CONSTRUCTION. OF AN APPROXIMATELY 5,200 SQUARE FOOT COMMERCIAL BUILDING. LOCATION: NEAR THE SOUTHEAST CORNER OF SCHOLLS FERRY ROAD AND SW NORTH DAKOTA ST (WCTM ISI 34BC TAX LOT 401 BONING DESIGNATION: C -G (PD) (GENERAL COMMERCIAL, PLANNED ` DEVELOPMENT) 'COMPREHENSIVE PLAN DESIGNATION: NPO NO 7 CHAIRPERSON: JAMES > BOYLAN PHONE: 626-0640 gieka -u XX STAFF DECISION COMMISSION DATA; / / TIUF PLANNING G" HEADINGS OFFICER DATE /;,,r,/ TIME CITY COUNCI %, DATE ` /_ TIME A XX REQUEST FOR COMMENTS (see attached h .at) RETURN BY ......... ...L.. _ /_... ATTACHMENTS: XX VICINITY ,MAPS XX LANDSCAPING 1PLAN ' w ,/ _ NARRATIVE XX' ARCHITECTURRAL PLAN .�/3 XX SITE PL N , X X Crr biAt eL t :G x l i1))e1"� 1 .14 w sP-- 41-4 .711064.5r//4e 0A)01)E1-74,41H STAFF CONTACT PERSON: `� STAFF R50N` TERRY OFFER PREPARE FOR PLANNER APPROVAL:'` XX ADVERTISEMENT TIMES 03/08/90 OREGONIAN NOTICE TO PROPERTY OWNERS TO BE MAILED r LETTER OF ACCEPTANCE OF APPLICATION / NOTICE To DLCD ATTACHMENTS: • • cr 0 N W r .W. [PERG�HERl7C3, Lt'1 L til Cn WAY. CT. TsTal. GA1�'p S BEARD :c 0 t-- 01 N ann NI r�s� 3C� So�R so:4,,„sfiow* y ;4* 0.1:1 OR` * L /��• 01 - MO to O DR: eW GLA OjER • Ir SUM M ERLAKE PARK 7+ c 0 S.W. T NY 0 S.W., ANTON PLY N EDG WA E CT S. r 1 inn 1 bal. 111 111.1 ILLVI SUMMER CREST Nnue W„ MRESTaNE CT NI I oN Gp \A') Gtr s w.-- -- SCHOL, WOOD CT. N' S. �. MINZ, N T - ui I. 1 ��1AH I;i IC .W U R NO ups116- n� er lk a,..MtiY9+:a:KF+KuYY 4"a77, ST. VINCENT HOSPITAL 64 M«iuy;.Jk ` hK r n CE . 9,0,5 6OUTHWEST ARNI19 ROAD r oRTLANP, OREGON Vf"2N PHONE (. 03; Y 97'4411, IST RS OF SERViNti t1'4 ° krlfr WES f' S To:eM�.�, Nr+« *« i .... ,� r8 r.4 er py, 1'l P� �f++YYMN«�^ �.r.rMYWAtW rrr Y�rM.'P a a : :�,cn +. -> 'MOAN y,p�r � A ►v /� �n`a wY 13« e "!» d,. �h ,tr' '1 1.' 1 " 1 "Y." Y.u.tY.*Ywr.r.wwt41. �..,i,..rm.*.4WII'p w�ffr�o 1 : ft n,.„,44, r. .�r,:kdAh7.rp,'�+,N•o r jet. . i. k ,.•� �.4' QM t ;AX # a g r .k'q� ' ,n. Y vY•no ww.xnut�rwMw' 11..te.c+«.nr. raun+ra..nYMt7riaxi kYwrt:Y'!•''HY! Y4 ««onfvCfh'.vCCCM'.NN:I/ * , a Via' x �� 'd'1 yet * =k vortoil.p • ilY•101 MWI•YAaY1 Wn�'a=+ »YrnnCM`NFM /YN N /i:Yy «Mi Nfi».riAf.Q'lrYa! rahYAp t Y+trYn4«wrN .I M+n«n p+-V rYwS�'bw'�,'xAP'��S xT+M4;t/.R}1YIAf \fp:+l'J;f. �L)'�rYNY1N:'MpkWYJY'p�14i W fAtYiM•rT�'f'nfLhfr�MYYAM . * * * t AfnYi# M' Wl+ neA�. : �, Mtldb+YMhMntlM%T:WWJa+K1. w'..0 Y;gS:n:,Nw>a «�M N�n*•P,nr , Mux- x:awrrY PR "IDENC6 CE NORR , f'2,^ ' ,. ft GCt fl dt r E xVrrc Mt ..1d t .1`k'4 EN Pi .05∎P.1 , :44i La CAL CN iEt. I Jni, �0 - Y f, 1pk C RW 11iA I ONC 11rtil., r',,, ! Olt ITS OF TIOARD0 13i25 std malAo po ,' . 3 " T .gard r Orgloo 97223 - (5O» 6, 9 iri1 aoPeaT? 4»D S/L CATXON j; FL. ih „,, iln.4rml„dtrf; rNxii1. , ,,,. TikX MAP AND TAx toT 14.04. N N.4U101.1 Y4iWi"iILN wDrnY.bMm'w9M!"!!r..•..»rirM7.W JLL'atQ dumJLVSYwdl.atur . i.+.'I+v M,un" r 4r117ti nN4 001X.A.4d'E+K.iS/QIM 4.` *1.44A1. -2,...,ot„ta $113 Sizt f ° V H ,'FY or/DE) E4 I L" 1i t ,° y.. k, '„ I 7s �ro..r«sN a.r .1411M n".Y7mcV vs n11 kwae+•• u ,,,, ,..ua 1 r w M+rW P15 a77tY eUW +M1tdTGI�P d 1 CITY y.nlw4 w,-.rY �1j... '.. �(� ( At<FNMRJ.wlrh. ( n' Nf .+r."YIIIIYYYY'�'�/^fi7RM �y7I. rypJ�.yr� (j� (y�� ',�`M^ahg+S� �`�r}pe'p�1�f q��ry�{1 ,'/yc 1401/41(.0 AN N L1�CL.�NT w `Li "�1(µ. k.Vr11" 6A9 CO. Y .}wd .. ADDRZ d .�; )t ; IONt tutas�r* ill m `uLnr" % . d . e *Whop the owner toad the 4Pp .icons" ArLt 4' '^f4r+ 'd' pePp1sp thtt APPliesint Wddt th0 'i l.irw +h& &er of re 0t' or Cle6804 tr pds$0$64 r ith f om toad owner or if a 0,1 ', wo ti btN ypa /7p i { e 4;1 l i r 7�. t �q �t'4,11 y R 7 1' qpy a e o j (' 4q 4 � "C, f c ". �' +,:'i i 1 " �1 r,p M7 *1413°A. Fr l "if1' I( /4^rYken Yi itv.1Io P .": #pr„, ?g�o ?o kt o PR fl r ei«« "VA7 6 .+ ,6 t4, ( 4,�N ti I rStA st Y M# p vo AM aa a'a..ri..a.r.d.r !a Nlr ..f»4.;**tM.lSrdl POP, STA.PF ONLY �RIYC�61d1," �:, Feral wuof�a anmaRifhinrmn+ av�ss4aurmrieah, r�,a'v+eu�r++amr�+.r,��t'�« »�r✓ w;�a+1 CAS3 NO* WIr W L.'YY.'1r10rfY¢.11M1 OTUR CASE O'S Wass u gtIZIV'' NO* t P .y- 1'0µq. N'. �dgg��yd�' p;' �bil^ yeV�g. ' �yFVWUNHtg� .iYi►:M'LL4'Wt'�lfi " App is pion 010m ,nts u it: ed t (A) Opp ..�Y �atio form (I) Rrnaar osva i Title tr4a$tor <rftrut,tt. (I) .f tt) Plot p1ad (pro " %gpp 4h60,ki s ) Applicant s otetemen4 (P re"'app "h ' krd" ,st) eoto %p» xig4t 0t pap rt'y 01,,ynera And Addresses wastkxadrt 230 feet (1), IFY� 14) Piling fee s ) (;r) 0 ruotion 11'4t,,imAtia ATt 1113TtELMINtD TO DS CO 4 Dr i. I °rd a v J..ca Y:i4 A ,� l,,Icattto.o Nre � will bb"i eta • of . pplioantat, To have a i,n tortta ;to ho.e at th tot }r *lot* t a itbN 'f}.WI�hp09i��fy,.IA'T^' -7[•tA ��9'�j►'°1A�,' +'�'�' • , �i'�' ,�V� �y, ,,�1'`b %. Nlls �okl ��►��tww(,Mw.t rights 91 hula- . ..$ • ,.4 , .9 R.r !9t ■ 1 i y}�f ,,,,f p; .1,0, .,,, +rL/Atp� t ti d, y } Cy b M' vJ � ��` uarr�+riMM�"�F�'t""M yT r� � � `^' `�x�:d`'IM° k%.�, 47 � the Olt plot plan, 1, ..t�� ,cap ',t t<'�6 ° + horovis31 , true; "� �� '��,�ia�i�9,ti�� ax�°a €f„t ��4�$�,ted +�$a �1 ♦♦ee ywy��,yi, ",', N■ �yy pYm�(p�,,,�J^(� �(¢ rC1t�y��`+� t �yy,/11��+�j�•y } \q�9'ka�;'� rya �{y� applitOti3Olt, may be tOvolo.,c1 it it it r �j a ;� r a�� 90 the poliies the app o eteth Otter' ostalaimald 4i Moo February i+• M,. uy .wlr,i�trRMH+t''wrw'ti�nM'°`r'b O ur I, vio l e t ts Kenneth 11, asi } Pissi a rrr wWtsfxr' +y,ti«F 4 ' v .th+lsn�rir r itla r4 .* ,,,a rt004,4 4,4 04ai[+s.+nll !.Nbu 4 Services 7 tolt ,tea, m»,mwmaa, .raar+uM riMGP ate e, FROM MCDLDS,SEATTLE 5,199O 15:23 REAL ESTATE CONTRACT THIS AGREEMENT, dated Mit.2!, .17' , 19 — is between Sisters of Providence_ in ore.ee , BLit . Vincent lionpitel. and Medical Canter an Ore on non- rof it Charitable Corporation , (the "'Seller.), if an individual, Seller's marital Status is .._.. and s-- McDontald' a Corporation Delaware corporation (the "Purchaser"). I, Conveyance= Seller agrees to melt and convey to Purchaser (or its nominee), and Purchaser agrees to purchase from Seller, the real estate located in , Ti Sae's - --- -r f County of aahin ton . , State Of ._.__._.eras an having a frontage of not less "than 20t) feet on S .W. Schollo Farr Road , containing not less than . 144.490* square feet, not including roads, streets or public rights.of•way, and being more particularly described in Exhibit A, together with all easements, rights and appurtenances, all buildings and improvements now located on the property, and all of Seller's rights, title and interest in all public ways adjoining the property (with the land, collectively called "Premises "), The exact legal description of the Premises, in accordance with the certified survey provided for in Article 6D, may be substituted for the Exhibit A description, if necessary, at any time hereafter, 2. Pelee: The purchase price is DOLLARS ($ ), 3, Deed AO Other Documents Seller shall convey marketable, and insurable title to the Premises by� warranty decd, With a release of dower, ctirtesy, homestead and other spouse's rights, at subject only delinquent, and cov�enant3, conditions, Seller's seals cost, Sl1b eCt Onl to current rea! estate taxes, not d easements, encumbrances and restrictions approved by Purchaser in writing. Seller shall also cause to be delivered to Purchaser; at closing, a re trictl,ve covenant, 19 recordable form, restricting Seller's property and, if Seller is a corporation, the property of Seller's subsidiaries, within a two (2) mile radius of the Premises from use for restaurant pueposes for a period of twenty (20) years from the date of closing, Seller Agrees to execute and deliver to Purchaser any other affidavit, statement Or Other document normally ny specified in Article as a condition for the issuance of the title required by the title insurance Compa title 5 'insurance policy provided for beloar 4 Eaenc t Moneys Purchaser shall deposit with the title insurance comps i eferred to in Article 5, es e5crowe , lthln thirty (30) days after the last eXecution Of this contract, W' THOUSAND DOLLARS . , earnest money, to be credited against the purchase price at closing, Ptirchabet shall deposit the balance of the purchase price into tacrow within ten (10) days after title has been approved by Purchaser, all contingencies of the contract have been met and the deed has been delivered to i3 the ( ) days t!be ees;co'ts+ agent, if Purchaser under this cont.�act and fall's to cure defaui# Within ten ld after receipt of written notice from Seller, then, upon demand of Seiler, the earliest money shall be forfeited as liquidated d g p� y i ratt shall become null and vold. #rats is t �nait cae;,1 this torte y if this can..,, . Sala eb, and not a8 a e y Mason other than Purchaser' returned' terminated �foiait s s4eftirJli, the- earne9t Money zihriif be to the Purchaser, u orit tilde Shah thean a food' aetViOe 'fhe renal restalltant ad used its this c 1. e1$ dot abl. ,ahmcitit of aa'- type deriving 25 , or more of its gtraud anti.uai bales � dales ...eretre the Bale of heteburgetei grOtnd beef produces and french tries, inciud ag, brit not 1.1,miabd bo Burger t(ing, Wferndy ,Ye,dkeiti- the-Rox; littrger'vi1�e Queens slob i s t amburgera ► Arctic lItrc) e r Hardee' g � Carl a J . RA* or Arbv'tt Roa,ai: Beef, Taco Times and Tee!, Sell b ;' (Sit PAGE 1 —A) r '17 1,c,t ,i /a6 i initial 'initial .+�icp� i JbeP ,'7 s P. FROM MCDLDS SE$ TTL4 2. 5•19 y6 up on ctosing, 'Purchaser will de,,: ait $ . and seller will deposit s Warranty Deed for Parcel 1 (see Exhibit: d -1) into eaerow. teereWee Will make the appropriate e.sbursements in accordence with Paragraph 8 (Page 3-4) of this contract. In addition, Seller will deposit a Warranty Deed for parcel 7 (See Exhibit A -1) and Purchaser will deposit at note to eeLlet in the amount of $: 00 into an escrow account which will survive , :,: wrent -four (24) months Loilowing the closing * ' • d1 closing �' Y �, of Parcel i, � �; , r.: , f►urcthaser will deposit funds of $ -,00 into escrow. Eserowee Will .w.. "1° then make the appropriate disbursements to the parties. purchaser will/ 4v /P, have previously approved or rejected title to Parcel 7 with the original .�1 / cloning of Parcel 1. When parcel 1 is closed including Parcel 1 title 7i.'.,, being approved by purchaser, Seller agrees any subsequent changes in title (Parcel 7) leading up to the Parcel 7 closing disbursement must first be i µ, approved by Purchaser prior to the final settlement and Closing f'� I ... �1 The Deed to Parcel 1 will be for not less than 1 ?W7f i $ square feet* and the, peed d dre parcel 7 will be for not Less than 09,317,5 square feet. Any d 5ec' o eanci.es in site less than those referred above must first be approved b Purchaser prior to the closing of Parcel 1, After the cloning of Parcel 1, but prior to the closing of Parcel 7, seller agrees Purchaser will have the right to erect a - temporary sign (s) on parcel: for purposes of marketing the property to a potential user (Proepootive Purchaser or Lessee) a With Seller's written permission, Purchaser will have the right to erect said sign(e) on Parcel a prior to that closing of Parcel it The exact site and square footage of Parcels 1. and 7 may very alightly when 7 ,:here is a final size verification from the final survey coordinated by Purchaser. If the exact size of eider Parcels 7. and 7 should vary from this * erninater contract by more than (-1X) ► Jy4■er.Ft�ra'ha'►sear bill have the option to this Contract 1 1 y` b/ 01,1 7 *or sooner, at Purchater' a option, ** exc7 t,,si ie of any area e� pected to be taken for road widening purposes, ***Seller shall pay all taxes and assessments on Parcel 7 until the closing of Parcel 7, las tee /p4 /Ds 0 4'7 tNtTLA1 tHrTtkL .J FROM MODLDS SEATTLE 1 77kJ A �,:i y'. 5, Title Insurance, Purchaser shall order a preliminary report ott title, title binder or commit• meat on the Premises for an ALTA Form 8 owner's policy, with extended coverage, or a comparable form, from . Transamerica Title Insurance Com an in the amount of the purchase price, covering the date hereof. C'pon final execution of this contract, Seller shall deliver to Purchaser any prior title evidence it may have, such as a current abstract or title policy, to expedite further eitamtnation of title,:; If the report on title, binder or commitment discloses any defects in title (other than liens o: encumbrances of a definite or ascertainable amount which may be paid ate losing 1 ve s xt 6d� s from the date of Purchaser's notice of surh from ;he proceeds due Seller), Seller shall ha ) y defects to make a good faith effort to cure such defects and to furn1s a later report showing the defects Bi.XtY 5t' cured or removed. If such defects are not cured within tai0 ays, Purchaser may terminate this contract or may at its election, take the title as It then is With the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount upon giving notice of such election to Seller and tendering performance on its part. When title is transferred to Purchaser, Seiler shall Cause to be delivered to Purchaser an owner's policy, subject only to the approved title matters.' 1, written 2. Which will be on or before 100 days from the full execution of this court, 6. Conditions Precedent: Seller hereby acknowledges that Purchaser would be unable to use the Premises for purposes other than a McDenald's Restaurant constructed according to the Purchaser's plans and specifications. Therefore, this purchase and sale Is subject; to the following conriltions and covenants; ?, with Sal a bliist nee at Purchaser's coat ur o unx g the approval of apuic and governmental authorities as to ail ,:natters relating to zoning(sL bdtvlblon,lot splits, special use perrnits or similar requirements, for aNitt,t,nald's Restaurant in accordance with the Purchaser's plans and ,specifications, as will permit the Purchaser to obtain all of the governmental permits, licenses and approvals referred to ids Article 6C, Subdivisions,' lot spirits and lot line adjustments are Seller's reeponsibLlitY and At Se11erie coat The water and gas mains, electric power lines and sanitary ; and storm sewers befog located In the public rtght•of•way adjacent to the Premises and available and adequate for Purchaser's Intended use, ids storynormtotacad:aorlbyoaotxafo+les.. ga a ztitoalic >'> aiRszt Sixtegtitifitilogliaistrilkekstlititittkorkberst (>ri4iiS�i +13i! ' Purchaser obtaining at.' rtecestary governmental pettnits, licenses and approvals, of any type,'' for the construction and operation of a W cDonald`s Restaurant, including Purchaser's signs and a special Service wlndow -ln nccordance with the Purchaser's plans arid specifieatlons, to, Which end Seiler shall execute such docuthents, Make such appearances and do such tither things . Purchaser may sin n Ion ' h en Parcel eh bite ,lea N h Dakota St:+ .. a lid A � and ,brie e ucst At Putrhaner c e entia , Till rontittg 5choa,7�d Fet"r Li, which fYe,egt~attding road; ,.sign �rcSnt:�ngcS�Wl Ftlrt e located n Payee 7i j, ��,, pp ll purehaser obtaining a certified survey, bearing a legal description, made by a licensed stirVe,`or, g and location of the Premises to the nearest monu:rnettts, streets, showing the area, dlmcnslort� alleys Oil alt 31des, the topography, the location of alt available uttllttes lei adjolning streets, alleys orproperty, the location of all Improvements and;;:ncreachistents, the location of all recorded easentents against or Appurtentht to the property, and not disclosing any .:ottditlon Initial initial . The designated zoning ciesaifidation t4:ttd d .uk.ribution bxeakdoten for purchaser ia liropr. tY Will be as lrall.oWSi Psteel. 1 (txhi.bit.A -1) 7175 sq ft. site (COniriietleal Oenet'a1• -dG) o 110d Parcl. 7 (9thibit A� -j,) 69 , 317 r5 gq, £t:. tCotmrlercidl derteral -sCtlt and Conimereia pk"o£ension. CP) FROM MCDLDS SEATTLE . 5,1990 15 :2 r rendering the Premises - unusable, in Pura, .laser's sole opinir,n, for the purposes stated in this Contract. . • . � 4*4.4114-144' rie�t�ed-tv 44.4060T-640044444, t Purcha3er obtaining boring, percolation, and other soil tests determining the physical charac- teristics of the sub - strata of the Premises and showing that the soil is not contaminated and that the Premises are satisfactory, in Purchaser's sole judgment, for the purposes stated in this contract, Seller hereby grants to Purchaser, its agents and contractors, the right to enter upon, the Premises to make the soil tests and surveys, At-r5 4lee -easeat4+d --1 •terra; -, 44eefault. es unt,. • F Purchaser obtaining access to public thoroughfares Adequate, in Purchaser's sole opinion, for its intended use, In the event the conditions of this contract have not been satisfied or complied with within t4rre+e' 240 t:al�, ex c t ore o� t:hia `contract days after the x o�e�mv, oe in chi' event that the soil tests, surveys, permits, and/or other approvals do not meet with Purchaser's approval or disclose matters which would make the property unsuitable for the purposes stated in this contract, anything contained in this contract to the contrary notwithstanding, Purchaser or Seller may, at any.,time after the tw►4se s+rtet-fieE''��''s'' day period, terminate this contract, and the money and documents deposited in escrow shall be returned to the party depositing same. Purchaser and Seller covenant to act in good faith and use due diligence to satisfy all conditions for which they are responsible, and neither party shall have the right to terminate this contract unless they have so performed. If the Seller elects to terminate this Contract as provided for in this Article 6, the Purchaser will have 10 days after receiving the Seller's termination notice to waive, in writing, the conditions precedent and agree to close this contract, If the Purchaser waives the conditions precedent, the closing must then take place within 14 days from the date of such waiver, If the Purchaser does not Waive the conditions precedent, this contract will terminate and be of no further force or effect 10 days after Seller's notice of termination is received by the Purchaser. 7, Possession anti Demolition: Seller covenants to deliver sole and actual possession of the enancies and parties to possession on the date title passes to the Premises serSPurchaser, er further covenants to demolish and remove from the Prertilks all signs, encroachments and existing improvements, including foundations and underground tanks, if any, within ten (10) days after Purchaser notifies Seller that all conditions precedent have been satisfied. „ shall with the general provisions Of the suci usual f etas/ R. F sceosv i This salt shall be closed }n of deed and money escrow agreement then furnished and in use by the eStrowee, With provisions inserted `in the escrow agreement as may be required to conform With, this corttract,,or such Other escrow agreement as the parties may have agreed of consented to Closing and settlement shall take place at the office of the escrowee, or a Place mutually agreed to by the parties, within ten (10) days after nil crorsditions and provisions of this cdntract have been satisfied. Prior to closing in escrow. Seller shaft submit to Purchaser for a pruval a copy of the proposed warranty deed, a ^ matt rCCent tact bill, and a p ._ py P P � copy of the rno 1: eclair egrezo to provs.de t?tircl,aeer with a copy of ge11 's aOUn eng.ne.erf.ng Study At ho coot to Pur'chanet, Purdheser '.till eelee}: Aa aut_"veyoC and Codrcii,nate a _. y li g - I tieys, Survey d� Seiler s; overall propert`yt inC].uditt t-1�e premises artd eats t; t^o�d i ►i chi .1.Hti w initial itial it n loco "14 which wi3.l be shared etqually n cost by each part Y, The eeet4 of. the survey be adjust'ad at cioa ng, FROM MCttLDS SEATTLE t. io; to r. copy of the restrictive covenant described in Article '3, All current real estate taxes are to be prorated as of the date of closing, and if the amount of such taxes is not then ascertainable, the prorating shall be done on the basis of the amount of the most recent ascertainable taxes, All transfer and conveyance taxes and /or documentary stamps and special real estate taxes and assessnients shall be paid for by Seller. The coat of recording the documents called for in this contract shall be paid for by Purchaser, The cost of the escrow shall be divided equally between Seller and Purchaser, All costs related to the issuance of the title policy, including title examination fees and premiums, shall he paid for by Seller. 1. Purchaser shall pay the difference between the coat of an Alta Form B EXtended Porta and Standard 0vmer s Title Policy. 9. Time of the Essence: Time is of the, essence of this contract, but any defaulting party is entitled to ten (10) days after receipt of written notice of a default to cure before the other party may terminate or exercise other remedies under this contract, 10, Notices: All notices and demands shall be in writing and shall" he sent by United States Certified Mai to Sclicr at c o Mr. l e th ` inia gn =t4t Stills eta. .QX,,, -, ,di:ng 9205 S.W. Bernesngoat.. P .ortl1nri .e. ca r�' or to Purcha, V der at ;1icDonald's Plaza, Oak Brook, Illinois 60321, Attention: Real Estate Legal Department, ( an individual) any party(ies) execut,, t 1. Conflicts of interedts Seller and/or if the Seller is not a ing this cortract ort behalf of the Seiler, or as a representatiVe of the Seller, hereby'represent(s) that, to the best of his/ her /their knowledge, he /she /they, and no other persori(s) connected, directly or indirectly, with the Seller is /are art agent(s), employee(s). Scrvant(s), supplier(a), licansee(s) or officer(sy of the Purchaser or arty subsidiary, affiliate or parent corporation or relative of any agent, employee, servant, supplier, licensee or officer of the Purchaser or any subsidiary, Affiliate or parent corporation, The parties executing this contract ackndwledge that these representations are and shall be relied upon by the Purchaser as inducement to enter into this contract, Any riiisrepresentation sh, /tl be grounds for purchaser to rescind this contract, 12. Covenants: All of the covenants, warranties, representations and agreements in this contract shall survive closing and shall run with the land and extend to and be binding upon the heirs, executors, administrators, and assigns of the p are no oral or dministrators, suceesaors a he res active parties, It is understood that there written agreements or representations between Seller and Purchaser affecting this contract, and this contract supersedes and cancels any arid a! p revious nee g otiatlona, arrang ements, representatiOns an d Understandings, if any, between the parties, This contract may be modified or altered only by agreement in writing between the parties, and no . Act or omission of an y employee or agent . of the parties or any broker, if an shall Alter, change or Modify any of the provisions of this contract i Authority to Sign: No employee or agent of Purchaser or Purchaser's broker, if any, has Y... agreement tate an offer to purchase authority to make a contract or any other Warranty, representation, submission Of this document for a taiicilnatinn and negr tiatlon does not coils! p or it reservation of of option for the Prernises, and this document wiiihecnint effective and binding only upon execution and delivery by seller and art authorized officer of Purchaser, • 144 i#rokerage Feet Seiler dgxeee to pity t:he !teal. Estate Brokerage Fee/ corrtraieeieh per deparate agreement With Real Latate Breaker. 1 Grading Bind D'rainege ];'inns: Putohaaer and seller Agree to share with each other the Grading and drainage plans for their teapeetivd parse .s Ithis 'Ail help coordinate a hartndniotue overall develttyrteertt of the parents (see E'isliib tt A -15. J I. 4;. /I 1 IBC .3(i .2 /!its I-i(0G9 IriltiaJ FROM MCDLDS SERTTLE„ 3. 5..1990 15a26 SELLER AND PURCHASER, by their execution below, 'indicate their consent to the terms of this contract, SELLER: SISTERS OF PROVIDENCE IN PURCHA R: McDONALD,°S Acmin.strator Ste Vincent Hospital and Medical Ce rtet Vice Pres WITNESS: WITNESS: (ATTACH ACKNOVWWLEDGNI ENT CERTIFICATES BV A N(5TARY PUBLIC) FROM MC6 LD5 SEATTLE STATE OF ILLINOIS COUNTY OF OuPAGF SS; 5.1990 15t26 M. DONALD'S (ACKNOWLEDGMENT) i. Er°c1e Berwick a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that _ Seymour Crtsenmaet 'Vice,. President, and —? . a tsoe ...tIM.r -■-•s- ,4ASsks tt rcrary of McDonald's Corporation, a Delaware corporation, who a;r4'personalty known to me to be the Same persotw'whose names' are subscribed to the foregoing instrument as such Viee- Presid7t ,/r4e ` tively, appeared before me this day in person and acknowledged that tt�hey, signed, sealed and delivered the lfJl• eulvel , said instrument as their free and Voluntary act as such Vice - President grte 4.resp y and as the free and voluntary ace of said corporation for the uses and purposes therein set forth. Jul Given under my hand and notarial seal, this day of , I9. 89 My commission expl 7/11/1990, ;STATE OF COUNTY OF (ACKNOWLEDGMENT INIUYIDUl L) SS; otary Public 11+iii0. yjj 444 44∎ 1P 0 h."1,.. 441'1' or 1'.1.10,1 : *. Mc'r },9N1, W 44,4 M1. 'Ot!'r.l lwll'W, 1., . a tiota county and ry In and the sou Public i d for th state aforesaid, DO f1EREDY,CERTIFY that •r.... —'-- and an who (ts)(are) personally known to me to tie the m peraon(s) whose name(a) (isXare) subscribed to the foregoing lr5strurnent appeared befbie me this day, in person and acknowledged that ( heXehey) signed, scaled and delivered the Said instrument as (h )(their) free and'voluntery act for tie uses and purposes therein set forth, Given under my hand and notarial seal, this -..,..y day of , 19 .w......'1 Notary Public My eonamisslon expires ---- (ACKNOW LEDGMEtYr CORPORATE) STATE OF L COUNTY OF 1 SS; I, ;. /., ....at , a ctotary Public in and for the county and �., ___ Aclmi.ri ,strator state aforesaid. DO tREbY CERTIFY that _____.....d_______________,,''' _...�:.. ► w - p +i -mad _ Mete**.nf .Std Vincent Hospital and Medical Ceram i corpora. ttr,n, who are personally known to me to be the persons whose names are subscribed to the foregoing iristrUtnerit IS . appeared before me this day in person and acknowledged thatttheyssig�ned, sealed and delive�rtedthe iSaid Instttiment as their free and voluntary act as Aresident and Secreta y, respectively, y ry Such �' k." res et:tiVel , 'and as free Arid voltti�ta , act of said co Oratlot9 for the tines and purposes therein set forth. Given tunder my hand and not Oat seal, this 12..._ day of . , 19 tslotary Public :M)' commi5sitn 04;00 1 ' 4'1 - ----�— ' PC 4C45,2(1)6 Cie D.146'V fii • FROM MCDLDS SEATTLE . 5.1990 15327 r• LEGAL DESCRIPTION (INST1tUCTIONSI Use deed legal description, If available, and Sketch MI easements to be reserved or granted map or sketch by rtad b Seller must also be described. !`lot. and block numbers are r„sed, a subdivision m must be attached,) The correct legal description will be inserted at titae of closing, or prior to. It will bs approved by both Purchaser and Seller. On att interim basis the legal description will be a'pottion of the below: A tract of land situated in the Northwest ono- qu arter, Section 34, Township 1 South, Range 1 West or then Willamette Meridian. in here City of Tigard, County of Washington pertieulat'ly described as 'Follows; COMMENCiN0 it West one-'querter° corner 0°10/40c° or tion 5 1 thence fist; the Welt line or said Section 34, North thence, North 69°52'27" East, 33.00 test to s; point on tree East rifnu of or B.W. he said East right-of-way ht -of waytthe folloWingbobl�reish North thence along the said East i t 0°10'46° e, West, ;67.74 'West. /1.03' foot to5°31'50° t East. re:t from, thence, North 0 10'46" When measured at right angles to, the centerline of B.W. Scholl* Ferry oad; thence, parallel with and 50.00 teetrothe l�said centerline, North 94 °21'49" East, 21.91 feet; thence, North 5.38'11," feet to a point 30.00 rest from, when me sured at0ri hteangles to, the said centerline; thence, Parallel r land conveYed to Portland Fixture Comp.. said Centerline, North 84 21119 East, 420.26 feet to the Northwest ass corner of that tract . a Washitilton County Deed Records; thence, along the in t line ne..f8 said corner y radt, South to the lines Qt e�sid ! ®rtland Fixture Company Tract, $o along the bias *. of the said �►o,Anas, aalong4theEW sternly projection of the South line Portland o � " �Ti. * the true Fixture Company Tract, Louth 89$12'27" Nest, 443.92 feet .o th�' point' of beginning The above, described property p property conveyed to title* by I6 all or part of the ro _...; _.. deed+ dated ._.._.__- volume recaided xi page • , book : �.......�„_._..._..,.� --. document no on ----- — In the cotittty recordi, EXh!IDtl' A nItlal s w. sch4119 Parcel 2 —195 v ParOel 8 ing %6k.etch not to Scaler btit ter reference only) FROM MCDLDS SEATTLE 5.1990 15:28 P, 11 Parcel '1 s 13,738 60 x, (` Purchaser's parcel of Land containing not Less than i/A# ,1T sq,ft. Parcel 2! Seller's parcel. Parcel 3: seller reserves a non - cxclue vo perpetual saeMent appurtenant to parcel 2, for the purpose of utitar and pedestrian ingress /egress to and from Parcel 2, and utilities, for the Use alit benefit of the seller, its successors, assigns, Licensees, to customers, over, upon rtant,�, suppLl -ere and across Parcel L. Parcel e1 seller also agrees to grant to Purchase* a non- excluetve perpetual easement, appurtenant to Parcel 'L, for the purpose of vehicular and pedestrian ingress /egreae to and from Parcel 'L, and utilities, for the use and benefit of t'he.Pureheser, its successors, assigns, Licensees, tenants, suppliers and customers, over, upon dud across Parcel 2, Parcel 5 Seller also agrees to grant to Purchaser a noh- e>dclueive perpetual easement vehicular and pedestrian ingress /egress to� and tfrom rParcel 1o,c and gutllities, for t'heUse and benefit of the ''Purchaser, its successors, as;aigns, licensees, tenants supp:iera and Customers, over, 4ipon and across 'Marcel 2. Percat 6': Caller'reservee a non - exclusive perpetual easement appurtenant to Parcel 2, for purposes of vehicular and pedestrian ingress /egress to and from Parcel 2, and utilities, for the use and benefit of the seller, its successors, assigns, licensees, tenants, suppliers and customers, over, upon and acrooQ Parcel 7. Parcel 7: Purchaser's future parcel containing not less than 69,317 >5 eq•ft. Parcel 7 will also enjoy ingr:ese /e ress and tttiltties easement ritAts over, P g is stated upon and es~�oae� Paccel,s 3, 4+ 5, 6 and 9 conairatent With t'hc+ easements above Parcel B: Seller shall also grant to Purchaser an e$telUSive perpetual easement appurtenant to Parcel X, totatihs a land atoll of 74 i 0 inabaiiatit,n* stairs Maintenance and renewal of a a4 pin and related etectri,cal conduit, over upon, and across parcel 6 or 7, The Location of parcel 6 Witt be inH the Nw corner of Parcel .7. Purchases~ shall have the ritilt of ingress and egt'esa across Parcel 8 for: any Purpose herein grranted. F. 11 4 + tai I e-r-1 n l l_„q 4eLuel4e - Pert04 4a4 J:m i4,t .0+ easement apurtetiant to Parcel, 7, Eor the purposs of Ilttt!''p'eQaiirta►tl _ 4, intresstetrelss tO an from Parcel o,,, and benbtEt Of Parcel 1, itt/. ' - ec, upon r o auccesaos?q, ass . easy tenants, suppliers std du 4 The esiact Legal deactiptions of each of thi parcelsi If not contained Ln this contract, meet 'be 'approved by t,urchaaee prior tb etoei, , , eti4eer �shalL hate the option of pr006ethg a separate easement atreemett in accordance with the above for recording with the deed'ot: having a provieton subetantlally situiiar t4 the above easement placed Setter's deemd to t'i�tchase� . ep and Lta�prove 0e6asadin" deieela' gent Of the Perc�elg, Pucchaaec� wiLL�ayli�ep' �ili'+ieiVddp end 8 p pC itO TO Motor as e R e Cosh and e>d anse" l;;liCrcire` i�arar"11d 2,, Ai at its p 3, 6� '3, p shit 5 at its coot and a altlseli� eail.vc`in development, Purchaser ri11 ddueLop and Impeove ;Parcels a and 5 in j '. p ee4Le i t 3, '6 c and cost un.ctian pith purctiaasetw a d+avela'itent end i:lstprt�vets►eiit of PKr Page (2) ..1 initialds vitiate 4, 5.1990 Purchaser estimated until the remaining and Placa from dated copies of will then, at Purchaser's option, t) Withhold 1. 1c'2 times the Bost of seller's development share (Parcels a and 5) at closing work has been completed and instruct Escrow Agent to disburse Funds to Seller, or 2) Bill Seller for Seller's development there a lien on Sellel!AXE,SPertY if Purchaser i• not paid withiina0udays of Purchaser's' of written notification to Sailor, t,.� tnvotces, Sills, and Receipts of all wort performed.' Regard n$ Maintenance. Perohaaer will maintain at its own expense Parcels S., ,, '+ Si evt, sad-4v Seller will maintain at its own expense Percale 2, A and 5. i resonoiblo for supervising the maintenance and repair of E%v their respective easement areas. if either party should fa Radh p,��ty shall be p 011 fail to meet his/her /its responsibilities, the other, party may maintain and repair the other pertga s easement Parcel and bill the other party andiabll other riff titers r its costs. If the party billing the other party ! days from the date of billing for its costs, the aarties failinaitocaatath�eir share may, at the other -party s d iscro Lo , !,,F placed upon the title to their property by the other, party'recordLag a lien , claim and notice. if and when Parcel 7 to developed, it will be responsible to the owner, of P Le 1 and 2 for 25% of the maintenance and repair costs //d . Parcel 7 will also be subject to a lien for /, // HOC PSiL'CE! Ls � � � � �� e unpaid Costa as set fo -'th above should its future user(s) fail to reimburse `, the blIling party. if any Shat, *Purchaser may draw said sums due from the eson°esc d hI�eb balance, artn Pal' fi be paid to Seller. If the funds on dpeasitde��cency. the slim -d+�so Seller shall promptly y pay any .." •• 6v 113 7/ Y'4' FROM MCDLDS,SEATTLE 2. 5,1990 15;29 ADDENDUM P.13 This Addendum is to that certain real estate contract between Sisters of Providence in Oregon d /b /a St. Vincent Hospital and Medical center ("Seller ") and McDonald' a Corporation (IPurchaaer ") dated littaL 1989. As further consideration fDr the mutual covenants and promises contained in such real estate contract, Seller and Purchaser agree that insofar as Parcel 7 is concerned that it shall not be used for any health care or medically related use or budinesg, veterinary or animal care clinic, kennel, or funeral home without' the prior written consent of seller for Do long as seller has any interest in parcel 2 seller and Purchaser further up to agree that restrictive covenant or a maximum period of 20 years. the Warranty Deed conveying Parcel 7 shall contain such Such restrictive covenant shall be Contained in a separate document, in Parcel 7 ae" outlined' above. recordable form, restricting the use of Date this ,17fh day of ....M ,--', 1989. *Notwithstanding the provisions of this addendum, prior consent 06l1 required for any the fol l Qwi n � uses: . Dentistry - Ear, rtiose, and throat specialists Eye care /surgery - General psychiatry �e�URti�ot sutrition consultants Health. clinicsj, Health food store Bys. Hearing aids tiedical equipment rental, supply repair P'di cal insurance MODONALD' S CORPORATION - Obstetrics and 3ynecolagy • Optometry • Opthaimol ogi sts orthopedic , Orthodontic Pediatrics :,. Pharmacy Physical therapists - 494.1.4eftv o✓P / /-i- Pedi atri cS .'Psychologist • ports .rrdiclne/specialists - 'periodontist Abdrtion or aterilizatich clih.ici 7 Z not b 11� to va Dos 6 -� SISTERS c ' PROVIDENCE IN ri /b /e St. Vincent Hospital and Medical Center bREOON yt { [' CIRCULATE. BR JR RW , —,GA • RC 30 DS Staff Review�//'�": CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PRE - APPLICATION CHECKLIST (46-is akRAy ,rte i Date S87)% '1 / /P? . APPLICANT / - e 00,441.. , r “zz7 6 ) '1 D. 1 -0000 0 . PROPERTY LOCATION Address flex c t &vile f , Sc h0/15 FP "�'7 d '; ,0i ,,r / acia0 ' .' '". ►' % s+ (/roc 41-$ ,Ofi b(41741s "fit, Tax Map /Tax. Lot . PROPOSAL DESCRIPTION /NECESSARY APPLICATION(S) 5/77= /25Telep Or AV/ell) .fir K ' 74 . " t}1_ ✓ / J 4M ti io m cep& . . USE Existing „r1.66ap1'�" Adjacent Property OM tGt north 6recgm south eF C left e 60.16 C`A ereek �� %" west t'M" "d o . COMPREHENSIVE PLAN DESIGNATION . ZONING DESIGNATION i 4 6. avi-vPiei,,,t NEIGHBORHOOD PLANNING ORGANIZATION NO. CHAIRPERSON. /41 6? . t,\.r PHONE CODE REQUIREMENTS r Minih►um lot si.zeialxclth il 1 ,tj^^� Setbacks front '� corner slit e, rear Specla1. setbacks`: streets em os'tabii.shed area lower intensity zones wetlhds; flag, lot accessory structures o,r. zero 'ld't line <- 1axititum lot coUerage' NiaximUin building he.i ht 1 • • .Special height Ri ..Es flag lot other Density calculation Density transition /V�,✓ Landscaping: minimum % of lot area /.5-Z - Street Trees P Qu #r 40/ Buffer Areas 1 t clearance Parking and loading p r ofehmtio ;47' 41" r , s y id 'S "".4.V hatioti Ca oat ' : At& V" SO ideoriqo ion i ► IM K1 ° TWO LL44 ati ayea D /t ' 6 f *,e m r e vevet ep / i, alt le tai ' ��' � � r''� t �'i! Fbi Gib u,Ji �"Il � p�tY C�.1►� � ${�4�:� � 1 blkt rt.'''. r0o4:Ltff°1;:eet M, I '4Ny vvt to C am.4-t> 'tati rl tL ifr Lc. r te: i a: x Access and circulation Signs OTHER CONSIDERATIONS (See application checklist for specific items) Sensitive lands: filoocipiain , dr inageway >25% slope. Wetlands._,, Open space Historic overlay :. Street improvements /connectionsi ikeWays s '%r 4(60 ,14 hel„e5cati 1 aye 1/0Vekil � k` � � k ,,•ee v'f e b S1 e hc Right —of -Way dedication Sanitary Sewer improvement et:E Storm Seger improvements t4 vai Cis" < Cx.5 ( .�` Improvement Agreement -- Permit; Bonds; Pees I ,/. . 9 ' . " ► fF'i AL Other agency Permits 10. PROCEDURE Administrative staff review Public Hearing /Hearings Officer Public Hearing /Planning Commis .sior, 'decision The Administrative •dec' or Pu blic Hearing shall occur approximately 30 days after a complete application . is filed. p: •4B —day appeal period follows all decisions, ` (0573P/oo22P) • ± :c; 3 i'. AT E. G, JO DS APPLICANT CANT _ _L • PROPERTY LOCATION p _ // "`4'"/ :2J''i':::: Staff` Review CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PRE -- APPLICATION CHECKLIST Date (M) I Address ) `.t f..'1 h',Pr 49 /6 , Tax Map /Tax Lot 6 / 1 7 'YID/ M • PROPOSAL DESCRIPTION /NECESSARY APPLICATION(S) , `� " / • USE Existing Adjacent Property' north south east West immannesiosmiiiimimide • COMPREHENSIVE PLAN DESIGNATION . ZONING DESIGNATION y�.:,. ?r';+.u• . fit". A)14,1 ,- • NEIGHBORHOOD PLANNING ORGANIZATION NO PHONE • CODE RE UIREMENTS Minimum lot size /width CHAIRPERSON Setbacks: front corner rear Specia. setbacks: lower inter ity •streets established zones J wetlands areas flag lob accessory ttructOres zero lot line Flax imU m lot coverage Maximum building height 1 Special height limits flag lot r- other' Density calculation Density transition Landscaping: minimum % of lot area Y Street Trees Buffers Areas Parking Areas Visual clearance b „ Parking and loading r, r .! V4.4 I.ii1lF Access and circulation b. • �.. Signs 0 /1 • NS (See appii ation c ecklist for specific items) OTHER CONSIDERATIONS lands: Mood lain drain P ''"" a ev/a >259C slope__ Sensitive Wetlands Open O en Historic overlay Street improvements/connections/bikeways Right-of -ay dedication Sanitary Sewer improvement Storm Seer improvements • Improvement Agreement — Permit; bonds Fees' Other agency permits A4611100WO. 10. PROCEDURE Administrative strative staff review Public Hearing/Hearings Officer Public Hears ng lPlannin g Comhi ssion '_.._.�....., ,_;., > :G ..�d' 4 The Administ _abn • or � I�ub�ic Heo4ri sha�.l occur Qc i^a xue d �s' approximately 30 days after' a complete application is filed n' .40 -day appeal period follows all declsio,m . (0573PIo022pj CITY OF TICARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST Staff Date The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other, materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639 - -4171. BASIC MATERIALS A) Application form (1, copy) B) Owner's signature /written authorization C) Title transfer ,'instrument D) Assessor's' map E) Plot or site,pl.an F) Applicant's statement (G) List of propert o ners i & addresses within 250 feet (H) Filing fee ( _,..) ,rb 2A) d� rT'Lsc7wdcok1 SPECIFIC MATERIALS ) � /3' rx /" N t ITEMS TO BE INCLUDED:, � a COST � C e 4t...6 i i x 4g Ci �r �� s thg10 COO Site mation showi.n (No . of copies 1) Vicinity Map 2) Site size & dimensions 3) contour lines (2 ft at 0-107 or ft for grades 4) Drainage patterns, courses; and .onds B Locations ations of natural hazard areas including: a) Floodplai,n areas C 3 b) Slopes in excess r of 25% c) Unsitable ground C C� d) Areas with high seasonal water table [4' e) Areas with severe soil erosion potential [ ] , f) Areas having severely weak foundation soils' C 3, 6) Location of resource areas as s' Location the Comprehensive hown on Map inventory including: a) Wildlife habitats [ 3 b) Wetlands C 7) Other site featUr•es; a) Rock outcroppings b) Trees With 6" + caliper measured 4 feet from ground level 8) Location, of existing structures and their uses 9) Location and type of on and .•ff -.site noise ,sources Location of existing utilities and easements 11) Location of existing dedicated right- of-wa, s� > 10%) E,3-- ) Site Development:_PlanNshowini copies ' r^o osed site �hlo of c . ) The p 6. and surrounding properties 2) Contour line intervals 8) The location, dimensions and names of all: a) i �..:g & other public and easements is ways me ) E>fxstxn �:� tits nndttttreets �,..;. �.. ,� the site end on adjoining properties APPLICATION CHECKLIST — Page l 1'4 .,war}...,. .:A�:.1S n..4.:Ury ✓�nl ,wo ed streets or other public w & easements on the site. c) Alternative routes of dead end or proposed streets that require future extension C4 4) The location and dimension of: r' a) Entrances and exits on the site C�'� b) Parking and circulation areas C "1i c) Loading and services areas (4/ d) Pedestrian and bicycle circulation Cdr" e) Outdoor common areas C/ f) Above ground utilities C 5)' The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 // feet of the site C b) Proposed structures, ' improvements, utilities and easements on the site C 6) Storm drainage facilities and analysis of downstream coriditions C+ 7) Sanitary sewer facilities ' C S) The location of areas to be landscaped [ e) The location and type of outdoor lighting considering crime prevention 'techniques C� 10) The location of mailboxes C „] 11) The location of all structures and their orientation C 12) Existing or proposed sewer reimbursement agreements C C) Gr,adirig Plan (No. of copies ) C ]' The site development plan shall, include a grading plan at the same s &c,le as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take ,place indicating general contour lines, slope ratios and soil stabtlization• proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report [ ] b) The validity of sanitary sewer and storm drainage service proposals C 1 c) That all problems will be mitigated and how they will be mitigated D) Archit!h-!ctural Drawings (No, of copies ): - 47 C The site development t Plan proposal shall include: 1) Floor plans indicating the square , footage of all r/ structures proposed for use on—site; and �. 2)- Typical elevation drawings of each strulctuN•e. C. E) LandscaPe Olan (No, of copies .�. C ] scale The landscape plan shall be drawn at the same cle of the site analysis plan or a larger scale if necessary and shall indicate: 1) Description of the irrig ti.on system where applicable 2) Location and heig t gat fences, buffers and screenings C APPLICATION cHECkLIST — gE 2 l y 3) L.oc )n 'of terraces, decks, shelters ,play area /' any ommon open spaces Etei 4) Location, type, size and sp -' -ies of existing and proposed plant materials, The landscape plan shall include a narrative which addresses: 1) Soil conditions 2 [ ) Erosion control measures that will be used. [ F) Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as park, of Site Development tReview or prior to obtaining a Building Permit to construct the sign. [ ] G) Traffic generation estimate -..1)..q-/ ;14,AY' H) Preliminary partition or lot line adjustment ir, ,.,sho . of Copies ) 1) he owner of the subject parcel p C 2) Th owner's authorized agent ( 100 or 200 feet=1), inch ] 3) The, m scale, 20, 50, north arrow a date 4) Description parcel location and boundaries A 5 Location, width d names of streets, easem s and other public ways 'tin and 'adjacent • :he parcel [ 6) Location of all perman4 buildings n d within 25 feet of all property s,"' 7) Location and width of all orate ,courses ( ] 8) Location of any trees with' or ater caliper at 4 feet above ground l tel C 9 ). All slopes greater than 25% 10 Location of ex'i r" hg utilities and utility cements C 11) major pd" partition which Creates a pub? a.c treed:. 11 For IIi� `or lo"t ar a) The prposed ,right -of way location and width b) caled cross-section of the proposed street plus any ` reserve strip 12 ny applicable deed restrictions 13) Evidence that land partition will not preclude efficient ` future land division where ,applicable [ark I) Sutad sion PreHrn a and data showjng(No. of .�,� ar P;�at Copies : 1) Scaly! equaling 30, 50,100 or 2CO feet to the inch and limited to one phase per sheet 2) The ProPosed name of th e s i sion 3) Vicinity map showing p ro erty s s re lai. i,ons h i p to arterial and cola ,actor streets 4) Names, addressed, ab 1 telephone numbers of the owner developer,' engineer, surveyer, designer, as applicabl4 5) bate of application 6) Boundary lines of tract to be subdivides 7) Names of adjacent, subdi x .: recorded s of adjoining parcels of�uhsubdit�ided land ) Contour line;. related to a city establa.shed bench- mark at 2-foot intervals for 0"-10% grades greater than 10% APPLICATION CHECKLIS T - Page C] C • r 1) (2.362P/0028P) APPLICATION CHECKLIST —, Page • • 9) The pu ase, , location', type and size of ., „:.'1 of the following (within and adjacent to the proposed subdivision) : [ I a) Public and private right—of—ways and easements [ b) Public and private sanitary- and storm sewer lines [ ]' c) Domestic water mains including fire hydrants C a d) Major power telephone 'transmission lines (50,000 volts or greater) C 3 ) Watercourses C ] f) Deed reservations for a p rks, open space, path ways and other land encumbrances [ 3 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated [ ] 11) Plan of the proposed water distribution system, showing pipe sires and the location of valves and fire hydrants C 3 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. C '] 13) Scaled cross sections of proposed street right —of -way [ ] 14) The location of all areas subject to inundation or storm water overflow C a 15) Location, width and direction of flow of all water - courses and drainage ways ( ] 16) The proposed lot configurations, approximate lot dimensions and lot numbers. Where losts are to be used for purposes other than residential:., it shall be indicated upon such lots C ] 17) The logtion_of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree the 18) The existing uses of the prop "y, including location of all structures and the 'present uses of the structures, and a statement of which structures are to ''remain after platting 19) Supplemental information including: a) Proposed deed restrictions (if any) [ b) Proof of property ownership 13 c) A proposed plan for provision of subdivision improvements 20) 20) Exis tin g ntAtural' f features including r ock out- croppings, wetlands and marsh areas 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative e;nd submitted with the application. C3 Other Information` 3 C C.3 • r.. WASHINGTON COUNTY OREGON SCALE I" IOU i2.23 O 20 2170 N 89° 52' 27 E ac 2.28 AC: 4:... J 89° Jg 27" W r ?Q. TO THE PUBLIC 1123/956 dab .' Il: c SARI NGWOOD 215 Evidence that the change will not adversely affect' the health;; safety and welfare of the community. The traffic impact on this proposal will he minimal and coupled' with the site and street improvements that will, be required in conjunction with the development, no adverse impacts aro! anticipated, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The proposal is consistent with all relevant criteria as discussed above. The City Council upholds the recommendations of the Planning staff and Planning Commission with the following modifications and conditions: a. The eastern 2.9 acres of the site shall be redesignated for Comm;rrcial General development in the Comprehensive Plan and C -G (Commercial General) on the Zoning Map. The northwest corner containing 1.0' acre will be redesignated for Commercial Neghborhood development in the Comprehensive Plan and C -N (Commercial 4'l'ighborhood) on the Zoning Map. This amendment is illustrated in Exhibit "A" (map) b, Commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Developmey t Code. Section 3 This ordinance shall be effective' on and after the 31st, day after its passage by Council, and approval by the Mayor. Section 2 PASSED; By (,4j1ch Iti vote of all Council member's present -after being read by number and title only, this day of d(ln;'M-` 1986 APPROVEO: This cn/16 i ORDINANCE ND. 8 6- Page 4 day o: Loreen k. Wilson, Acting City Recorder ')J 2.1 1986 Y� y -1'ohi t• C.,, Cook, Mayor PLEASE RETURN ORIGINAL COPY WITH REPLY,' KEEP PI K COPY L FOF YODUH REbOHDS,' IL COPY the northwestern corner of the property. Construction has recently begun on that building. On October 27, 1989, the Community Development Directorys designee approved Minor Land Partition proposal MLP 89-14 to divide tax lot 401 into three parcels of approximately ,2.12, 1.78, and 1.68 acres. The subject parcel would be the 1.78 acre parcel in the northeast corner of the original inal 1 .' g ax lot 401. The. City has not yet, received notification regarding whether the ,partition has been recorded with Washington County reciprocal easements Fifteen foot wide recipr were approved 'ta be located along the boundaries between the parcels to be created eo as to development of a private internal access road to serve the P �_ Parcels. The private road would have access to both SCE. North Dakota Street and SW Scholls Ferry Road. The Scholls Ferry Road access was approved to allow right turn& in and out only so as to prohibit left turns across SW Scholis Ferry Road- Vicinity Information Tax Lot 401, the subject parcel, is designated With three different zoning districts. The northwestern corner, the he site of the medical office building currently under construction, is .,;zoned both C-I+i` (Neighborhood Commercial) and C -P (C mercial Professional ) and contains approximately 2.1 acres. South of this area is approximately 0.6 additional acres zoned C -P. This area is' a vacant, open field. The eastern 2.9 acres, which Cont + aiz�s the McDonald 's site, is zoned C-G (General. Commercial) and also currently vacant. Map One shows the Partition a.s curreintl va approved lot P n configuration as well as the Current zoning. 3. Proposal Description The applicant proposes constructing a 5200 square foot restaurant on the northeastern he approximately square 4Cl ing restaurant would include an y square foot dining area, a playland Y and patio area ;, and drive -thru windows. la lanai 1:1vo driveways drivewa a off of the shared private would provide ac:eds to the restaurant. Sixty-eight parking spaces would serve restaurant inci.udin g tw0 designated handiCapped ,.. parking spaces located adjacent to an entrance to the south aide of the restaurant. A bicycle rack would also be ` located adjacent to that entrance. Proposed landscaping would include a rariet of male tr ` y P sees along. the sites Scholia Ferry Road frontage, along p' g the rivets road on g the west, and a.lori the southern edge of the site. 3a anew holly g . ,a Y would be ir�nted along the oblock P' northern edge of the parking let. 0 f motorists on 8 9' ... Road. g ,. from the view the headlights Scholia s Fears he Parking lot f �rould be ` laidtl�ca ed -.. remainder - { p With a variety of grow dcovers f the sand trees. shrubs, d and _. NOTICE OF DECISION SDR 90 -0002 Mc0ONALD "S Page 2 The Building , Tualatin Valley Pire and Rescue, District, W'ashingtor� Count 's Tigard Water District Department of Land use and Trans ' Tend have +offerDd no comments and GTE have reviewed theporta osa is or ohject:ons� pxop�aal No other Comments were received. � . ANALYSIS AND CONCLUSION The proposal far de bent of a McDonald' S restaurant complies with community Develo requirements pme nt Code C -.+G (General rementr for setbacks, building height Commercial) zoning Permitted);' em3 district lot covara e g (4,� foot �na�rimum height .ladeid area g. (maximum site coverage of SS percent (minimum landscaped ' area of 1S nN and g is are 'a percent). Bating and permitted Use in the establishments e C-4 zone. The Propoaed northern access appropriately edrivewa from the Y to road d rightwof --ova, locat ®d 11�J feet away frolm the SW Scholia Y ®o as to allow ade W �'etrla Road In addition, " this dpi adequate stacking for turning veway is i vro� e,l the dr. � sway into thy- caedica�, 'office b�ni��nd. d�rect�.y across from ti�. is also aPproPriately located„ • The aouth$rnnaost driveway The right turn in /right turn Out',OnlY in » ,, with SW 'Scholia, Ferry Road should efi�r ®e�tf ®n of the private road movennente adrase a bus -cc+ a•vel s ll arterial ' prohiB��,.,a left .turn site Will need to k Westbound traffic to and from the: use SGT North Dakota street. the Proposal aom lies the[uire�aaent p with the Communit for parking Spades for a IDeve1epment code's establishment 1 s P eating' and ( pace an required eta spaces per SO square felt 'of dining area or �d main • pacers to be re�ai rated ears dieapped Perking' Spaces (2 re provided), of by nevelo� ant +bode .:e �t�' � �gnnrecl, ,rov , . � g Tres , th __ qua.red number the ]p ided for eves 18 automobile h ace,au Qua hiclr�;�.e Par,;kng space` be that a bicycle rack 'could be 1oca.ted : The landaca in.. plan ,hoted south aide of the building, » ad,� scent , to an entrance on the dapac3.t.. g Details` on the` t will need to be type Of tack 'and its plan. Provided as an addendum to the 3.andscaTA^�e .in - sign is detai.l,e - .. 'g g _ sic or � a free9 The location of .. tared .tae wn on t .. nsions are he kite plan but no ZD to allows t)a a Dnor Pr'o'vided tv guars fee alum a�i�e og 7(1 tin �0 � s,. on �►.�g,� The Code° _ r� t one sup !� f+�etp de Per ,Side u.., . h of side and a hei g � froi�i the street tight-of- way, ei. ns ��e b ati �e ��di�ate adk 5 which u aidin . ele�r the location of . ' ,.nt with; Code Stind the 1 appear to he coneis�.e several, wall these signs Prior to their installations perito 'viii a� necsei fox C, DECISION' eject dt th e fc9lowng cO hditto n ®: the birectoks designee a. Ste D eve pee t Review SDF 90 0002 NOTICE OF DECISION -. SIDE 9b- aCiC?2 ZSCDON,ALD r' Page 4 �4 • Special height limits flag lot ' other -^ Density calculation Density transition Landscaping: minimum S of lot area Street Trees s ,.. 0 Buffer Areas Parking Areas Visual clearance Parking ar►.'4 loading cy • 1q b / 9 Access and circulation 6 1 Signs 0 4 4.,1* s' %4r . 'ALA ,rc + . OTHER CONSIDERATIONS (See appli ation c ecklist for specific items) Sensitive lands: ive lan floodplain drainageway >25% slope Wetlands Open space _... Historic overlay . --- Street improv nnect ements�co Lions /bikeways ,:. Right --of -way dedication a Sanitary Sewer improvement Storm Seger improvements Improvement ement Agreement Permit; Bonds; Fees' Other agency permits 10 PROCEDURE Administrative staff ri vie 1 Public Rearm /Henri rg rfg � tDfficer • ;..,,�.... Public Hearing /Planning ommissior ' The Administrative . • dec sign appir°ox' mately 30 days after a complete appl.ica�tion is filed. b wit --daj ap eal perioi folk s a .l decis ins. (o5a3P/'00z2P) or P1(i) lic HeMring +G,r 44k- , , shall occur gIft,'C ' LA1 E. JO DS 1.; APPLICANT PROPERTY LOCATION' Address Tax Map /Tax Lot Staff 'Review _ CITY OF TIGARO COMMUNITY DEVELOPMENT DEPARTMENT PRE— APPLICATION CHECKLIST Date 1/ itv41 r 11 PROPOSAL OESCRIPTI cN/NECEssARf APPLICATION(S) //660k4:� . , fr ,J f �/" �e USE Existing Adjacent Propertl north south F `2 east °est . COMPREHENSIVE PLAN DESIGNATION • ZONING DESIGNATION Ahd 4 eir L1� NEIGHBORH000 PLANNING ORGANIZATION NO. PHONE CODE REQUIREMENTS. Minimum lot size /width „ Setb,cks Front l Speciaa. setbacks: streets lower intensity zones flay lot . accessory ..P%a) imu�m l t catierage Maximum build ng Neigh. d AZRP RS MII. f o f ' corner ade�..�.. rear established areas structU res ' ;, zeir 9 Amt fine �'" Staff Date CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at 'the time you submit your application. Sep your application for further explanation of these items or call Planning at 639-4171. BASIC MATERIALS SPEC ITEMS TO BE INCLUDED: A) Application form (1 copy) [`�]' B) Owner's signature/written authorization [ ✓J C) Title transfer instrument C D) Assessor's map E) Plot or site 'plan [,,' 1;1,---, F) Applicant's statement (G) List of propert owners address+��s within 250 feet [ (H)' Filing fee' ($ �% '` ) Per G 7 r� �O/L) Cc 7" C �:: . jj'" hr c'e)sr is t,& `l�'lr.�, SPECIFIC MATERIALS tr' �► r4hrr�r�� ) Site Information showier (No of copies ) [ ] 1) VicinitY Map [ 2) Site size & .dimensions [' ) Contour lines (2 ft ,at 0-10% or b ft for grades > 1.0%) C �" 4) Drainage patterns, courses, and ponds C� 5) Locations of natural" hazard areas including: a) Floodplain areas C 3 b) Slopes in excess of 25% C 1 c) Unstable ground _ C 1 d) Areas with high seasonal Water stable Co,' e) Areas with severe soil erosion potential [ 3 f) Areas having severely weak 'foundation soils [ 3 6) Location of resource areas as shown on the Comprehensive Map inventory including a) Wildlife habitats C 3 b) Wetlands C 3' 7) Other site features: a) Rock outcroppings [ 3 b) Trees With 6" + calipe; measured 4 feet from ground level C, j $3) Location of existing structures and their uses [ 9) Location, and type of on and off—site noise sources C , � 0) Location of ek isting utilities and easements 11) Location of existing dedicated right —of -uia� B) Site eVe o men t Plan shotJifl (N o. o copi 1) The proposed site and surrou nd i n g p, p ti e. .s 2) Contour line intervals . ..: a ; 3) The location, dimensions and names of all a) Existing & platted streets & other public ways and easements on the site and on adjoining properties APPLICATION CHECKLIST Page 1 C b) P Aaoed streets or other public w `.. & easements on the site. C c) Alternative routes of dead end or proposed streets that require future extension [r 4) The location and dimension of: a) Entrances and exits on the site [ b) Parking and circulation areas C` c) Loading and services areas [,4 d) Pedestrian and bicycle circulation [,,i' e) Outdoor common areas, C�-1! f) Above ground utilities C ) The location, dimensions & setback distances of all: a} Existing permanent structures, improvements' utilities and easements which are located on the site and on adjacent property within 25 feet of the site [ , b) Proposed structures, improvements, utilities and easements on the site [ ) Storm drainage facilities and analysis of downstream cort Jitions 14 7) Sanitary sewer facilities, C' 9) The location of areas to be landscaped [ 9) The location and type of outdoor lighting considering crime prevention techniques C, 110) The location of mailboxes [ ] 11) The location of all structures and their orientation [tY3 12) Existing or proposed sewer reimbursement' agreements C) Grading Plan >('5 of copies The site development plan shall include a grading plan at the same s.5,1e as the site analysis drawings and shall co�rrcain the following information: 1) The location and extent to which grading will take place indicating gf,neral contour lines, slope ratios'' and soil stabilization *proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnz.cal engineering report b) The validity of sanitary sewer and storm drainage service proposals c) That all problems' will be mitigated and how they will be 'mitigated Architectural ;Drawings (Ne. of cop' ies � ) , The site development plan; proposal shall include: 1) ' Floor plans indicating the square footage of structures proposed for use on —site; aid 2) Typical elevation drawings of each structure. E), Landscape e _,Plate Nor of copses The landscape plan shall be drawn at the same scale cf the site analysis plan or'a larger scale if necessary and shall 1) ..Y p ' .t. irrigation system where applicable 2) �oca�t�,on.+and�hexhe zr• g o uffers and screens e150 of 1 =ences b APPLICATION ;CHECKLIST -- Page 2 C�] C,] E] C C .w • R ) ) and` - common; open spaces ) Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a 1) Soil conditions., 2) Erosion `:control measures that will be Loaa` a�, of terraces, decks, sheltersk_dlay `areas narrative which address used Sign Drawings Sign drawings shall be submitted in accordance with Chapter 1.3.114 of the Code as part of Site Development Review or prior to ''obtaining a Building Permit to construct the sign. Traffic g eration estimate—. .1/ / H) Preliminar +artition or lot line adjustment map shawin9, of Copies ,. ): he owner of the subject parcel, Th owner's authorized agent C1 The ma scale, (20, 50,100 or 200 feet -1),; inch north arrow anti date Descr�ipt con parcel location and boundaries Location, width d names of ''streets, easem .mss and other public ways 'thin and adjacent s he Parcel C Location of all perman buildings, r( and within 25 feet of all property s Location and width of all w� courses Location of an trees i es wit ,� ?! or c��ater caliper at 4 feet above ground l el C All slopes greater the 25% C 3 Location of exi •snq utilities and utilit° sements [ or major la d p partition rwhich creates a ubls. ' treet: a) The p p oposed right location and b) caled cross "'section of the proposed street plus any reserve strip 12) ny applicable deed restrictions 13) "Evidence that land partition will not' Preclude efficient future land division where' applicable 4) 5) 5). is 8) 4 Cubdi.vision Prelirri naryd Plat Map and data sh2P...L g(No. of Copies )! 1) Scale equaling g0,50,100 or 200 feet to the inch and limited to one phase per sheet [ 2), The proposed name of the subdivision ` [ 3 3) Vicinity map showing property's relationship to arterial and collector s :reets [ I 4) Names, addresses and telephone numbers of the owner developer, engineer, sUrveyer, designer, as applicable( J 5); Date of application C 1 6) Boundary lines of tract to be subdivided C 3 7) Names +u�ner^sf�adadco�nanubawc�elsna r or names of recorded J g f U`rsUbdivided land B) Contour lines related to a City- established bench- mark at 2—foot intervals for 0-10% grades greater than 10; APPLICATION d-fl c i< tST — Page ■ o , (2 ;62P /on28a) . 9 The pu,ase, location, type and size of I'V. .� of the following (within and adjacent to the proposed subdivision) [ J a) Public and Private right - of-wa s and easements C b) Public and private sanitary and storm sewer lines [ 1 c) Domestic water mains including fire hydrants [ I d) Major power telephone transmission lines (60,000 volts or greater) [ I. e) Watercourses [ I f) Deed reservations for parks, open space, pathways and other land encumbrances [ 3 10) ` Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated [ 3 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. [ 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. 13) Scaled cross sections of proposed street right -of -way; ( 3 14) l t 14 The location of all areas subject to inundation or storm water overflow C 3 15) Location, width and direction of flow of all water. - courses and drainage ways 16) The proposed lot configurations, approximate lot dimensions and lot numbers. Where losts are to be . used for purposes other than residential, it shall be indicated iupon such lots 17 ter 6 ) The location of all trees with a diameter inches, or greater measured at 4 feet above ground level,, and the location of ro osed t P p tree plantings, if any [ ] 13) The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting C 1 19) Supplemental information including: a) Proposed deed restrictions (if ohs') [ h) Proof of property ownership [ I c) A proposed plan for provision of subdivision improvements [i 3 2L) Existing natural features including rock out- croppings, wetlands and marsh areas. 21) If any of the foregoing ihformation cannot practicably be shown on the preliminary plat, it shall bo incorporated into a narrative and submitted with the application. Other Information LI C APPLICATION CHECKLIST page c1 1, 1 1 S 0 ��,r � !Et '1��4 k ~e '"�� 1 �� a / A �'1• R `~ Y WASHINGTON COUNTY OREGON SCALE I"= IOU' 300 7.93 AG: S B9d §2' 27 "'W I94.t 8 TO THE PU8L1C 1123/5156 • 6. Evidence that the change will not adversely affect the health, safety and welfare of the community. The traffic impact on this proposal will be minimal and coupled with the site and street improvements that will be required in conjunction with the development, no adverse impacts are anticipated: THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1 The proposal is consistent with all relevant criteria as discussed above Section 2': The City Council upholds the recommendations of the Planning staff and Planning Commission with the following modifications and conditions: a. The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive plan and CWG (Commercial General) on the Zoning Map. The northwest corner containing 1„0 acre wi, l l be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C--N, (Commercial Neighborhood) on the Zoning Map. This amendment is illustrated in Exhibit "A" (map) Commercial development occurring Within a zoning district shall not utilize space outside of the respective tone to satisfy parking or landscaping requirements prescribed by the Community Development; Code, Section 3 This ordinance shall be effective on and after the 31st clay after its passage rby Council, and approval by the Mayor. PASSED: By ./ch i'l 1 dt•,t.- 5 vote of all Council members present .after_ being read by number' and title only, this L /7J' dAY of dOe L.e,. -- , 1986 Loreen R. Wilson, Acting City Recorder APPr ROVED'. This`. day of •!�ci krriy, �de,- 1986. O D NANCE NO.. S -L Rage 4 ohn -.'_E Cook, Mayor sa -�L 11 hm 401 1e 5.59 Ac, 6.04p 1D, PZ CO d Mt 40:24 416, 9 F TIGA OREGON /14 tt.42or 721 / ,0,w 'Po /4)73 72- el i- ' AP2, )? 4 J 13125 S.W. HALL, BLVD. P.O. BOX ' 23397 T I A R D, .O R 97223 (503 ) 639-4171 ati N DATE, .__ .. .... SI ED PLEASE RETURN ORIGINAL COPY WITH REPLY KEEP PINK COPY FIR YOUR RECORDS, FILE COPY 4.a A4lewwuRU..rN.� - - �ew.rp�1 iX� northwestern corner of the property. Construction has recently begun on that building. on October 27," 1989, the Community Development Director's designee approved Minor Land Partition proposal, MLF 89-14 to divide tax lot 401 into three parcels of approximately 1.78, and 1.68 acres. The subject parcel would be the 1.78 acre parcel in the' northeast corner of the original tax lot 401. The City has not yet received notification regarding whether the partition has been recorded with Washington County. Fifteen foot wide reciprocal easements were approved to be located along the boundaries betwean the parcels to be Created so as to development of a private internal access road to serve the parcels. The private road would have access to . both SW North Dakota Street and SW Scholia Ferry Road. The Schollss Ferry Road, access was approved to allow right ,:urns in and out only so as to prohibit left turns across sw Scholia Ferry Road. Vicinity information. Tax Lot 411, the ` subject parcel, is designated with three different zoning districts. The northwestern corner, the site of the medical office building currently under construction, is zoned. both C- (E,F.eighborhood Commercial) and C -P (Commercial Professional) and contains approximately 2.1 acres. South of this area is approximately 0.6 additional acres %oned C -P. This area is a vacant, open field. The eastern 2.9 9 acres, which (General Commercial) the k�cDcaaxald's site, is zoned CQ�G � � cial) and also io currently vacant. Map One shows the approved lot partition configuration as well as the current zoning. 3. Proposal Description The applicant proposes cLnstructing a 5200 square foot restaurant building on the northeastern portion of tak lot 401. The restaurant would include an approximately 1800 square foot dining area, a playland and patio area, and drive.,,,thr^u windows. Two driveways off of the shared private driveway would provide access to the restaurant. Sixty'-eight parking spaces would serve the restaurant including' two designated < handicapped parking Spaces located adjacent to an entrance to the aouth side of the restaurant. A bicycle rack Would also be located adjacent to that entrance. Proposed landscaping would include a variety of maple trees along the mite's Scliolls Perry Road frontage, along the private road on the west, and along the Iso therr1 edge of the site. Japanese holly world be planted along the northern edge of the parking lot . to haos;„k the kles dlights of oars in the parking ldt froth' the view of motorists , on SW Scholis Ferry Road. The remainder of the site p variety of groundco'versa, shrubs,) and snulc be andsca ed with a a � a.r trees. t OTICE OF DEC ;STO' -� SDR C - 0002 - ICi�roNALD' S Page The Building Division, Tualatin VallsY Fire and Rescue District, Washington county's Department of Land Use and Transportation, o' Tigard Water District, PGE, and GTE have reviewed the proposal and have offered no comments or objections. proposal _ No other comments were received. AN LyS$S AND CCNCLUS1oN The proposal for development of a McDonald's restaurant Community Development Code C-G (General Commercial) u�art complies ii rich px�aent Co requirements for setbacks, building height (45 foot maximum district Permitted); lot coverage (maximum site coverage of 85 r height Landscaped area (minimum landscaped area of 15 percent). percent), and drinking establishments are a permitted use in the C-G zo E�ta.ng and ne. The ro P posed northern access driveway from the private road appropriately located 110 feet away from the Ski'scholia' per is �' to ry Road right addition, so as to allow adequate wa s geaate ' stacking for turning vehicles. In , this driveway is located directly across from the into the medical office bu 1din . The southernmost driveway also appropriately located. The right turn i1 /right turn out only intersection of the private road, with SW Scholla� Perry Road should �� movements across a busy arterial, Westboundvtraffic to ', left turn site will. need to u ee SW North Dakota streeto albs a aa�d fr�an D °$�1E.', proposal d:om l.z<e�a with y p g �a�.tsh � the �omaemrxnityr evelc requirement for Parking pmtmeznt Code's establishment (1 space q, n drinking Per SD square feet of dining ,area Spaces for an eating a '� c3 spaces to me provided) »and or 5 µsp„ac�ed `� ma well as 'the +re ea ed n , designated � handicapped gui�sd nwmber of P deC'� � parking spaces (2 required; 2 manunity Developme t Code requires that one proinged p The Code b�.c Gl� q space .:. The landscaping. s n e Provided for every 15 automobile space notes y paa�l�i that a bicycle rack would be located adjacent to an r flan " rnothe south side of the building. a nuance on the oap�city Will need tb be ` y� o� g Details on the t f capacity pa rack nd ape �rovideci as an addexndax�a to the lancir�,a The location of a fieestand ng sign is shown on t �'- � � .� � the site plan 'hut no details or dimensions are sra�.idecg. The Code 'one a ana�,�aaxrrm site of ?C? to 90 as allows one su+�h sic,�ai 20 to 22 feet, a�e� square feet Per side a.nd a height 4f r pendin the setback from' t:he Street ri h .� . y. The building elevations indicate the location g t ofM el. n� Which atnrn g icla a � ;, . of s3everal avail anei $acati ®n and sire of wall signs. Sign the ppear to be nsietentn with Code st g permits i .l be necessary arts f f these ®i niia � for g Prior to their installation. as bgCrsION The ,Director's stitb j eot to the NOTICE ►F DJ'CXSIoN - SDn designee approves Site Development Review SDR 90 -0002 f611° Wing ConditiOts: 00 -0002 - ,McD0NALD S Page 4 206 4. [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]