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SDR1990-00011POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. DR 90-001 ard u ' P .96-OO16 AFFIDAVIT OF MAILING S'T'ATE OF OREGON County of Washington City of Tigard /a -y'+ 1` IA -O being first duly sworn /affirm, on oath depose and say: (Please print) That I am a It k .. $ (4 6_ + for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR chat I served NOTICE OF DECISION FORS City of Tigard Planning Director r.- w Tigard Planning Cammi.asion Tigard Hearings officer ..___ Tigard City Council Exhibit (Public "A") was, mailed to each named Persona at the address shown on rehe A cr Public Hearing Notice /Notice of Decision of which is attached Ma day the attached list marked exhibit B on the _ (,,1 da of ,rJ4 v U t_N 19'b . " " posted �dh appropriate bulletin board on the DECISION I "" day of hereto attached, was 191 19..!1j___; an deposited in the United Staten Mail on the llr day o Postage Prepaid. NOTAR i PUBLIC Off` OREGON My �• ission Expires: 715-.'1'9 Pe son who •e'ivered to POST OFFICE Subscribed and sworn /affirm to me on th 191%" e. NOTARY PUBLIC OF OREGON My Comrnp ✓ �,ssion Ex fee : r , ,` CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION Concerning Case Number's): SDR 90-- 0011 /VAR 90 -0016 Name of Owner: Sue Snyder Name of Applicant: Same Address 9740 SW Tigard Street - City Tigard State OR Zip 97223 Address of Property: 9740 SW Tigard Street Tax Map and Lot No(s)0: 251 2BA 501 Request An appeal of an Administrative Decision for Site Development Review approval to, convert and enlarge an egietjng ainale family residence for use in the manufacture, and retail sale of woolen goods; Z) construct: a 1, 000 square foot storage shed for various businesses conducted b the owners of the site and 3) al.lowplacement of a manufactured home on the site for a caretaker's residence associated with the various industrial uses on the propert y. _ In addition to the existing single faxttx:ly res idence, a 2 800 sctua-: building foot buil ng used for a wholesale tr pical fish business 4 oxists on the 2.43 acre site. Applicant also requests Variance approval to la allow the relocation of a caretakers' residence; 2) _allow a two way driveway less than 24 feet in width and 3) allow a portion of the driveways and arkinr area to remain gravel. ZONE: -P Industrial Pa Approval as requested iK Approval With conditions Denial 6 Action: �. Notice: Notice Nas published in the newspaper, posted at City Hall, and Mailed to: X The applicant and owner(a) ^Z Owners of record within the required distance , The affected Neighborhood Planning Organization X Affected governmental agencies Final Decision: THE DECISION SHALL BE ?INAL O . ' , N O'anuary 30, 1991 UNLESS AN APPEAL IS PILED. The adopted findings -of fact decision p , , and statement of conditions can be obtained from the Planning, b partment, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9a Appeal: Any party to the decision may appeal this deeisionin accordance with 18.32.290(8) and section 18.32.370 wh &ch provides that a written appeal may be in 10 days after notice is given and sent. The appeal may pp y e submitted' on City forms and must be accompanied by the be filed with appeal . (. cma of appeal. fee ($31�a :00) ' and trans�.ript costs, varl.ect UP to a makaamu The deadline for filing of an appeal is 3:30 p.m. danuary . 30 L_1991 10 Questions: If you have any questions, please all the City of Tigard Planning Department, 639- =4171a bkm/SDR90- ii.SKt • 11 CITY! OF TIGARD PLANNING ;COMMISSION FINAL ORDER NO. 91-02 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A SITE DEVELOPMENT REVIEW (SDR 90-0011/VAR 90- r0016) REQUESTED BY SUE AND DAROLD SNYDER ON PROPERTY ZONED I-P (Industrial Park) AND LOCATED AT 9740, 9742, and 9744 SW TIGARD STREET (WCTM 251 2BA tax lot 501) . The Tigard Planning Commission has reviewed the above application at a public ry has based its decision on the facts, hearing on Vanua 8 d 1991. The Commission findings, and conclusions noted below. FINDING OF FACT 1. Background This site was annexed irico the City in August, 1971 (Boundary Commission file no. 296). In December, 1986 a Temporary Use application was approved allowing the operation of a Christmas bazaar on the property.. Later in December, 1986 a site, development review application (SDR 21 -86) was conditionally approved by the Director allowing the operation of a mail order business from the sirig1e- family dwelling located at 9744 SW Tigard Street (please refer to Exhibit A) . This decision was appealed by the applicant who objected to conditions of approval that required half- street improvements along Tigard Street, pawed driveways, and, the dedication of greenway along Fanno Creek. The City Council ruled in favor of the applicant With respect to the half- street improvements. Council also allowed the app licant to defer paving the driveway until further expansion of the "industrial commercial" use. Dedication of additional right -of --way and execution of a nonremonst.rance agreement were required in lieu of the improvements Council ruled in favor of staff's recommendation for dedication of greenway ,_along Fanno Creek in the 100 -year floodpiain. The mail order business apparently was established, but these conditions have not been satisfied. The Subject application was approved by the Planning Director with conditions. The'app1icant appealed this T cision because of the requirements for dedication of the floodway area on the property (Condition 2.), paving of the parking and driveway areas identified in Condition 8., and the provision of half street improvements along the Tigard Street frontage (Conditions 11, 12, and 13) . The applicant also requested that the hearing before the Comrission be postponed until January, 1991. Vicinity Information Properties to the east and west are also zrjned / -P. Tigard Street and railroad tracks lie to the north. Parcels to the north of the 'railroad tracks are zoned. R-4.5 (Residential. 4.5 units /acre), Fanno Creek runs along the southern property line and just south of the c. .rek is another residential i district zoned R� . 4.5. FINAL ORDER - SNYDER - SDR 90- 00.1 /V 90 -0016 PAGE • 3. Site Information and Proposal Description.' The 2.43 acre site contains a caretaker's residence (approximately 2,000 square feet in size) and a 2,800 square foot building currently being used as a wholesale tropical fish business. Two outbuildings, an old boat, an assortment of vehicles and other materials are located or being stored on . the rear of the property. The aPPlicantrA propose to 1) convert the existing single - family residence, currently a .:n use, as a caretaker's residence and occupied by the applicants, into a commercial use; 2) expand this '`building by approximately 700 square feet; 3) place a manufactured home on the rear of the property to provide continued housing for the caretaker/applicants; and 4) construct a 1,000 square foot sto',�age building to be used in conjunction with the manufactured home. The applicants also request approval of a variance to allow 1) continued use and relocation of the caretaker's residence into a` manufactured home proposed to be located on the southern portion of the site; 2) the continued use of a two -way driveway that does not mee t the width requirement along a portion of the driveway; and 3) the portion of the site located behind the tropical fish business building to remain unpaved Agency and NPO Comments The Engineering Division has the following comments: 1. The site abuts SW Tigard Street, a minor collector usually requiring a 60 foot right -of -way from the railroad right of way along the northern edge of the Street ` right -of -way. 2 . Subsection 18.164.030(A) of the Code requires that streets adjacent. , to developments be improved. Section 18.26.030 of the Code defines development as "a building... or making a material change in the use or appearance... of land." Since the proposed application includes two buildings, paving for a driveway and parking lot, and the change of use of an existing; building, it is a development within the meaning of the Code. The Director may accept a future improvement guarantee in lieu of street improvements if one or more of the exemptions in Paragraph c of subsection 18.1624,030(A) of the Code are met. It appears that none of the requirements of the exemptions are met for the following reaons (i) A partial improvement to Tigard Street is feW3ible since 'similar improvements have been installed along the parcel to the east as parcels aloe well as several other p along S W Tigard Street (ii A partial improvement would not create a potential safety, hazard; (iii) Simile' improvements to other nearby' p arcels have been and Will be installed, FINAL ORDER - SNYDER - SDR 90- 0011 /VAR 00 -0016 PAGE 2 rs (iv) The improvement would not conflict with an adopted capital improvement plan; (v) The application is not for a residential land partition; and, (vi) No additional planning work is required to define the appropriate de.'1,ign standards. Consequently, ha.f street improvements along the Tigard Street frontage should,;be required. Storm drainage is provided by discharging to the Fanno Creek floodplain at the south of the site., • Sanitary sewer service is provided by an existing public sanitary sewer line on the site. The requested 'variance for the narrower driveway should be permitted since only about 30 feet of the driveway will not ; conform to the required code standards. The narrow driveway servos only eight, parking spaces. • The variance to allow a gravel driveway should be approved to the extent that the paving is not required to access the eight southern most parking spaces. The remainder of the driveway;' serves only the caretaker's residence and is temporary. 7. Although required by a previous application (SDR 21-86) y. has dedicated as the floodway in the site not been dedicate greenway . The Building Division comments that the existing caretaker's residence must comply with the applicable Building Code requirements for conversion to commercial use. The building s - by the Building Division and - the Fire mu�f� be inspected � ne both � ; . . Marshall to determine the requirements wi ll be. The division also notes that the extent of parking lot and driveway paving required should be made clear to the applicants. Also, if the proposed manufactured home is to be converted to a commercial use in the future, it, too will have to comply with applicable coder,. Finally, the Building Division, points out that the location of the 100 -year floodplain must be determined and stakes provided to insure no structure will be located within the floodplain.' oapla�.n NPO 42 noted that the applicants' are requesting a variance to commerdial codes and points out that the additional building could be us y note ed as a btzs�.ness in the future. �"he also that the current application is similar to the previous site development review application (SDR 21-86) y ry c h. ._ .. a d The Fire MarShall of all ort5.oris of ,commercial 1 be required 250 feet p is shall buildings and within 2 amm�nts that hydran . ., ,- buildings. , within 500 feet of all portions of residential buildings Also, t . ' y q ' n compliance with the d�ivewa shall be re fired to be a. the Uniform Fire Code. Tigard Water District has no objections to the proposal, but points out that the applicants must provide two additional water meters to supply water to the manufactured home and the FINAL ORDER SNYDER 0011 %VAR 90 -0016 PAGE 5 �JEFc = STAR 9 �, 'A r." existing 2800 square foot building. PGE and Metropolitan Area Community Access have reviewed the proposal; and have no objections to ,it No other comments have been received, ANALYSIS AND CONCLUSION The applicants are required to apply for site development review approval b +?cause their proposal is considered to be a major modification. Community Development Code Section 18.120.070 provides the criteria for determining whether a modification must be reviewed bry staff In this case, it was determined ' hat the proposal must be reviewed because additional ,on --site parking will be necessary to accommodate the proposed modifications. The applicants will be required to satisfy the requirements of SDR 21 -86 prior to the issuance of a placement permit for the proposed manufactured home or a building permit for the proposed storage building. .Si.te De re 1 ,opment Review The applicable criteria in this case axe ,2omrunity Development Code Chapters 1,8.68, 18,,100, 18.102, 18.106, 11.108, 18.114, and 18.144. Chapter 18.68 (I -P: Industrial Park District) The propost1 generally satisfies the 'dimensional requirements of r Section 143.68.050. The residence proposed to be converted t o cc.tulnercial use is set back more than 85 feet from the front property line and is less than 45 feet in ` height. There are no side yard �qu' _reas of concern warrant further setback. rc, zrem�nts. Two areas These are the 50 foot rear yard setback requirement and the commercial use of the existing residential building. The storage building and manufactured home proposed to be located on the southern portion of the lot would normally be required to meet the required 50 foot setback because this p ortion of the Byte abuts a residential zone to the south. However, in this case the southern portion of the site abuts Fanno Creek. The applicants will be required to dedicate to the public that portion of the site which is located in the 100-Year floodway. Consequently, the site will abut a floodplain located in an industrial zone rather than a residential zone. Therefore, the 50 foot rear yard setback does not apply. With respect to the commercial use of the existing residential . building, it is important to identify the uses that will be Permitted when the existing residence is Converted to commercial use, Section 18.68.030 lists the permitted commercial uses in the I -P zoning district. The use of the residential building for commercial purposes will be limited to those uses which will not require additional storage or parking area. Such uses would include animal sales and service, building 'maintenance services, business equipment sales and Services, business support services, communication services, financial, itisurande, and real estate services, laundry' services, medical and dental services, professional and administrative services, and research services. Convenience sales and personal services, day are facilities, eating and drinking establishments, personal' services facilities, and general retail sales will be permitted to occupy only 20 percent of the development 4;1oxnp1ex on this site. Any ca nrnercia1 use that FINAL ORDER - S ]YDER - SDR 9O- 0011%Vrik 90 -0016 PAGE 4 • requires additional storage or parking will require another site development review. Finally, it required that this building must meet the Uniform Building Code and Uniform Fire Code requirements for conversion to a commercial use. Chapter 18.100 (Landscaping and Screening) The proposal satisfies the I-P zoning district requirement that 25 percent of the site be landscaped. Adequate landscaping exists on the northern half of the site (approximately 25 -30 percent) `and, with the exception of buffering and screening requirements which are discussed below, adequate, natural landscaping exists on the southern half of the site where a portion of the parcel is located in the floodplain. When the additional right -of -way is dedicated and half - street improvements are installed on Tigard Street, it may be necessary to remove the existing street trees. In the event it is necessary to remove the trees, the applicants will be required to replace the, trees with trees subject to approval of the Planning Division. A tree removal permit must be obtained prior to the removal of any, trees. Section 18.100.080 discusses buffering acid screening requirements. Typically, where a property zoned I -P abuts a property zoned R-4.5, a 20 foot wide buffer is required. In this case, the Fanno Creek floodplain is wide enough to provide satisfactory buffering between the two, zoning districts and additional buffer area will not be required. However, screening must be installed to provide a visual barrier between the residential zone to the south and the subject property. Screening is already provided 'by the natural vegetation located within the property along Fanno Creek and additional screening should be provided on the north side of the flood plain which supplements the existing screening- 18 102 (Visual Clearance Area) The existing driveway entrance satisfies the requirements for a visual clearance area. However, When the additional right -of -way is dedicated and the half- street improvements installed on Tigard Street, the driveway entrance may not meet the visual clearance area standards because of the gate' currently exists at the entrance. this the driveway entrance will have to be brought If th�.s r.s the. case, th into conformity with this Code provision. This can be accomplished by 1) removing the gate entirely, 2) reducing the height of the gate, or 3) setting the gate back front the street so that a -visual clearance triangle with 30 foot sides along Tigard street on each y g tained. S�.de of the drivewa and along the drivewa are ,,main Chapter 18.106 (Off- Street Faring and Loading) Based on the uses of the site that: are proposed or possible, 17 p arking spaces ar e required. equired.'- The proposal satisfies: this requirement because 17 'parking spaces are provided. However, no designated handicapped parking space or ,bicycle parking is proposed. Code Section 18.106.02,0(N) (1) requires one handicapped parking spate for a parking .ontainis over 5 required parking space:$, arkiazg area which co Section 18.106.020(P) requires at least one Secure bicycle rack space for each 15 parking spaces, A revised site plan must be submitted providing for at least one handicapped space and one FINAL ORDER. -- SNYDER 4flJR 90-0011/VAR :90 -0016 PAGE 5 bicycle parking space. 18.106 (Access, Egress, and Circulation) The applicants are requesting a variance to the access standards to allow` an approximately 30 foot long portion; of the driveway to be approximately 20 feet wide where 24 feet is normally required. Also requested is a variance to allow the southern "' portion of the . driveway, located beyond the tropical fish business building to remain unpaved. The variances are discussed below. OtherwiSe,,the, proposal satisfies the requirements and standards of Chapter 18.106. requirements of Chapter 18.106, In addition to satisfying the ''Code rem Fire Code requirements. The the Proposal must also meet the Uniform applicants will be required to provide evidence the Fire Marshall has approved the proposed access. 18.114 (Signs) Prior` to the installation of any signs, the applicants must obtain a sign permit. One freestanding sign vwil:'. `be permitted on the site. It may be 70 square feet in area per sign face up to a total of 140 square feet and 20 feet in height. Wall signs are also permitted in the I-P zoning district. They are limited in size to 15 percent of the building face on which they are located. Chapter 18..144 (Accessory Structures) The applicants request permission to construct a 1,000 square foot storage building on the rear portion of the site in the vicinity of the p criteria are contained proposed manufactured . home, Applicable .�ri in Section 18.144.070 (Approval, Criteria -- Accessory Structures). Accordingly, the, storage building will have to satisfy the setback,' requirements of the 1 -P district and .comply with all requirements applicable to a principal structure. The structure shall not encroach upon the floodplain or interfere with the use of any, property. t must be built in accordance with the Uniform adjoining ilnIt ry P must be obtained. Building Code and' an acc�.5so structure Permit m Variance ,Requests The requests for administrative variances must satisfy' the criteria for granting a variance found in Code Section 18.134.050. They are as follows: (1) The proposed variance will not be materially detrimental to the purposes of this, Code, be 3.n conflict with the policies of any other applicable policies of the Community Development pment�'Code, to any other applicable the Comprehensive P1n M . policies and standards, and to other properties in the same zoning district or vicinity. (2) There are special circumstances that exist which are `peculiar' to the Lot size or shape, topography or, other circumstances` over Which the applicant has no control, and which are not applicable to other properties in the same zoning district; (3) The use propb, 'Sed will be the same as permitted under this Code and City standards will be maintained to the greatest extent posslble, while ;p.:rmitting some .economic. use of the land; FINAL ORDER - SNYDER • SDR 90- 0011 /VAR 90 -0016 PAGE 6 4 (4) Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and ) The hardship is not self - imposed and the variance requested is the minimum variance which would alleviate the hardship. Variance to Allow a Manufactured Home to be Used as a Caretaker's Residence The applicants request a variance to allow placement of a manufactur ed home on the southern portion of the site to replace the residence they are converting to commercial use The use of the g the Previous residence was approved when the existing residence as a car City Council approved the Previous ,!site development review (SDR 21-- 86). The current request is made to allow the continued existence of a caretaker's residence to be occupied by the applicants and to allow the use to take place in a proposed manufactured home to be located on the southern portion of the site. When the previous approval was granted, a caretaker's residence was a permitted use in the Heavy Industrial, Light Industrial, and Industrial Park zoning districts. A caretaker's residence is still a permitted use in all but the Industrial Park zone as a result of an error made when the Code was last revised. In the course of the last revision the section of the Code allowing a "single - family detached unit or a manufactured /mobile home° to be used as a caretaker's residence was inadvertently ontitte'd This error has been corrected and will become effective on January 17, 1991. Since this app1L ation was received before this date, it must be reviewed according the Code provisions in '.effect prior to this date. The variance request satisfies the criteria because it will not be materially detrimental to the 'purpose of Title 18, be in conflict with the policies of the comprehensive plan, to any other applicable policies and standards, and to other properties in the area. As explained ''above, there are special circumstances that exist over which the applicant has no control The use proposed is intended to be permitted under Title 18 and City standards will be maintained while permitting some economic use of the land. Existing physical and natural systems will not be adversely affected. Finally, the hardship is not self - imposed. Variance to Allow a Portion of the Site to Remain Unpaved The applicants propose to pave the driveway and all parking areas located between Tigard Street and a point approxiinatel,y 160 feet ` quest a variance Tigard Street. The eppl ance to allow the from 'a.cants re remainder of the site to remain unpaved. A portion of proposed' unpaved driveway will be used primarily by the caretaker /applicants as a residence and for Storage purposes It 1s not expected to experience a large volume of traffic. It will not be materially detrimental to Title 18, comprehensive plan policies, other applicable policies, or other properties in the area because the unpaved portion of the site is located almost 300 feet from Tigard Street. This distance should eliminate dust, mud, and grave]. being brought onto the public street. The special circumstances exist because this portion of the site is to be use p ro p osec`l d only as a residence' for the caretaker /applicants and for inside storage. Both of these use are considered interim p p p rises are because the site is not fully dewele ed, The ro o�ed FINAL CRIER,- SNYDER - SDR 90- 0011 /VAR 90 -0016 PAGE 7 Q • I11 hT A permitted uses and City standards are maintained to the greatest extent possible while permitting some economic use of the land. Existing physical and natural systems will not be adversely affected. A hardship exists in that if this portion of the site were required to be paved at this time, the paving would have to be removed when the site is redeveloped. The variance requested is the minimum variance which would alleviate the hardship. The. Commission finds that the variance is not justified for the deletion of the paving for the portion of the driveway and parking spaces that will serve the fish wholesale business. This is an industrial use that will generate traffic which warrants the provision of a paved surface in accordance with Code requirements. Variance to Reduce the Pavement Width of the Driveway The applicants request a variance to allow a 30 foot long portion of the approximately 300 foot long driveway to be approximately 20 feet wide where 24 feet is normally required. The remainder of the driveway satisfies the access width requirement. Code Section 18.103.150 contains the approval standards for a variance to access standards. They are as follows: 1. It is not possible to share access; There are no ether alternative access points or the street in question or from another ,'street; . The access separation requirements cannot be met; s t � 4. The request is the minimum variance re a.red to provide adequate access; 5`. The approved access or access approved with conditions will resvj.t in a safe access; and 6. The visual clearance requirements of Chapter 18.102 will be met. The proposal satisfies these standards because it is not possible to share access with a neighboring property at this time. Criteria number 2 and 3 do not apply beca use the variance request is not for the point of access from Tigard Street. The request is the minimum variance required to provide adequate access. The applicant intends to install a divider or island between the parking area for the tropical fish business and the driveway so that vehicles will have to back far enough out of 1e adjacent parking spaces to be able to see down the driveway before entering it The island must be a minimum of 2 feet wide aid must contain landscaping no greater than `feet in height. Adequate visual clearance Will be provided and the driveway will be safe. . DECISION The Planning Commission approves SDR 90 --0011 /VAR 90 --0010 subject to the following conditions THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OBTAINING BUILDING PERMITS FOR THE PLACEMENT OF THE 1UFAC.CURED HOME AND CON..YTRUCTION r t 07 THE STORAGE ! BUILDING. 1. Additional right - of-way shall be dedicated to the Public along FINAL ORDER SNYDER SDR 9 0- 0 011 /VAR 9 0- 0 016 E 8 - r+ PACE the SW Tigard Street frontage to increase the right-of -way to 50 feet from the railroad right -of -way along the north side of the right _of -wa y. The descriptio n shall tied to the existing right - of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: Chris Davies, Engineering Department (639- 4171). The zero foot rise floodway portion of the floodplain shall be dedicated as greenway open space to the City. A rnonumented boundary survey showing all' new title lines, prepared by, a registered professional, land surveyor, shall be submitted to the City for review and approval prior to recording. In the alternative, the applicant shall dedicate an open space easement which will allow the City to construct a pedestrian path, through the floodway area in the future. Said easement shall be approved by the City Attorney. In addition, the floodplain' boundary shall be marked with stakes to assure that no buildings or other structures are located within the floodplain. STAFF' CONTACT: Chris Davies, Engineering Department and Keith Liden, Planning Division(639- 4171). • The applicants shall provide manufactured home to the public connection permit is required public sanitary sewer system. Building Division ; (639.4171) connection of the proposed sanitary sewerage system. A, to connect to the existing STAFF CONTACT: Brad Roast, . An erosion control plan shall be proVided for the installation of the manufactured' home. The plan shall conform to "Erosion Control Plans Technical Guidance Handbook, November 1989." SPAFP CONTACT: Brad 'Roast, Building Division (639 -4171) . THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THE MANUFACTURED HOME. The applicants shall provide evidence that hydrants have been installed as required by the ,Fire Marshall. STAFF CONTACT: Brad Roast; Building Division (639 -4171) . The applicants shall' provide evidence that.. the access satisfies the requirements' of the 'Uniform Fire Code. STAFF CONTACT: Brad Roast, Building Division (639. 4171) The applicants shall provide for roof anal pavement rain drainage to the public stormwater drainage system or .by an on- site system. STAFF CONTACT: Brad Roa St, Building Division (639 -4171) 3. A revised landscape/site plan shall be submitted showing 1) the location of one designated handicapped parking space, 2) the location of at least one bicycle parking space, 3) the required screening including the species and location of trees to be installed adjacent to the floodplain, and 4) the type of landscaping to be installed in the panting island adjacent to the tropical fish business parking area, and 5) full extent of the area to be paved which includes the driveway and parking area adjacent to the fish wholesale business. STAFF CONTACT: Keith Liden, Planning Division (839-41/1). 9 The screening required in condi tio n no. 8 shall be FINAL ORDER - SNYDER - SID 90 - 0011/VAR 9 0 0 016 p,GF 9 y4 prior ', to, occupancy of the manufactured home or the storage building. STAFF CONTACT: Keith Division (639.4171) 10. The existing residence shall be vacated prior the manufactured home. STAFF CONTACT: Brad Division (63c••4171), construction of Liden, Planning to occupancy of Roast, Building THE FOLLOWING f ';.AI7.CT IONS SHALL BE 'SATISFIED PRIOR TO OBTAINING BUILDING PERMIT '; TO ALLOW A CHANGE - OF OCCUPANCY OR USE OF THE EXISTING RESIDENTIAL BUILDING. 11. Two (2) sets of detailed public improvement plans and profile construction drawing shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all ,prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: Chris Davies, Engineering Department (639-4171)- 12. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department' has reviewed and approved the public improvement, plans and a street opening permit or construction compliance agreement has been executed. A lop percent performance assurance or letter of commitment, a developer- engineer agreement, the payment of a permit fee and a sign installation /streetlight fee are required. STAFF CONTACT: Chris Davies, Engineering Department (639-4171)- 13. Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Tigard Street frontage. Improvements shall be designed and constructed to, minor collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Chris Davies, Engineering' Department (639-4171) . 14. The proposed privately - operated and maintained parking lot and roadway plan- profile and cross section details shall be provided as part of the public improvement plans. STAFF, CONTACT: Chris Davies, Engineering Department (639. 4171). 15. The applicants shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on -' Site system, STAFF CONTACT: Brad Roast, Building Division (639-4171) .' 16. The proposed privately operated and maintained sanitary sewer and storm drainage system plan - profile details shall be as part of the public improvement plans. STAFF CONTACT: Chris 'Davies, Engineering Department (639 -4171) . 17, An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to dance Handbook, November 1985." STAFF CONTACT: Davies Engineering Department'" FINAL ORDER SNYDER SDR 90=- 0011 /VAR 90-0016, PAGE 10 c 639-4171). 18. The applicants shall arrange for ii,spection of the existing residential building by the Building Division and the Fire Marshall to determine that. the 'building is in, compliance with the Uniform Building Code and t'1,.&e Uniform Fire Code's, requirements for conversion to commercial use. Evidence shall cants 'th that this has been accomplished the applicants p be provided by th PP and that the building satisfies all requirements stipulated by the Building Division and Fire Marshall. STAFF CONTACT: Brad Roast, Buildi�3 Division (639-4171). � remove the existing 19. rr� the event it becomes necessary to r m street trees to accommodate street improveme was to Tigard Street the applicants shall obtain a tree remo.,wJ r`. permit and submit a landscaping plan showing the species, size, and location of trees that will replace the existing street trees .' STAFF CONTACT: Keith Liden, Planning Division (639 -4171) . vet the driveway entrance does not meet the vision the event 20. In y clearance area requirements of Code Cha P ter 18.102 as a result of the installation of 'street improvements, the applicants shall be required to bring, the driveway into conformance This may beaccomplis:ied 'may 1) removing the gate, 2) reducing the height of the gate, or 3) setti f the gate back from che . street a distance that will allow, a ision clearance triangle with 30 foot sides along Tigard "" et on both sides of the _.. drivewa an d along the driveway. : y F CONTACT: Keith Liden, Planning Division (639- 4171) . 21. All nonoperating vehicles 'and stored materials shall be temoved` from the site. STAFF CONTACT: Keith Liden, Planning Division (639 -4171) 22. The site improvements and remaining landscaping shown on the approved by shall be installed or pp d plans required b Condition 9 shat. financially secured. STAFF CONT'ACT: Keith Liden, Planning Division (639- 4171) 23. In the event a ,manufactured home is not, placed on the site, Conditions 1, 2, 4, 5, and 6 shall be satisfied prior to obtaining building perMits i o,: the change of occupancy of the existing residential building. THIS APPROVAL IS VALID IF EXECUTED WITHIN 18 MONTHS OF THE FINAL DECISION DATE NOTED BELOW It is further applicant entry' of this order., r ordered that the a licant &a® notified of the PASS8D: This of Tigard. St,TY DER/vg,, ry, ng Cozmrais= •.ra•f ta.e City day of Jarite. 1.991 by the P1a�i T Ad yy�} 3' / . 1 : " rd r is J in P ' e s ident siren FINAL ORDER - SNYDER SDR 90- 00;11 /VAR 9° .8016 PAGE • Kw' `,w4 vor 'a;ti w rr:o t v k"J/giM1?'yo ,'TWjJXI'Pa ;X," ' ° °I 7- 30', 4,,, , ,iviviolpikixtz5' /tiYmr1 nnwli.r.(w«.rr . r ,, 4,1,4, »• »*,..M tH'w,i.•.... r.ir,r-ru. i J H ' F... r� rr (air FNC� I �? , •Y.hI.�F.h �'!x G fs ..Y4"F.«9 tiliTi' n 'ry �i6N" 1'',''+ L' ; •",4�`f + y, Y: ir%V'd _ � f& b/rt�: -'�bi� ��7,rJ�S x.r�'s.7%..T. i,✓�L . ,$.� > '�» ....r..,F�:.,�,R :t.. ��. .. .. , SUE SNYDER 9740 SW TIGARD ST TIGARD/ OR 9722 STP,TE OF OREGON County of Washington City of Tigard x, i t 1 t Lk' V ° - , being first duly sworn /affirm, on oath depose and say: (Please Print) That Z am a ± JL- for The ,City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR That I served NOTICE OF DECISION FOR: City of Tigard Planning Director L''''''' Tigard Planning Commission Tigard Hearings Officer Tigard City Council A co (Public attached (Marked P'Y � is Hearing Notice/Notice of Decision) of which �a at Exhibit "A'*) was mailed' to each named persons at a addre a shown on the attached lint marked exhibit "B" on the day of 1947r ' ICE OF DECISION as hereto attached, was posted on an appropriate said notice NOTICE bulletin board on the day of _, 19 ; and deposited in the Dr ited States Mail on the ' 14% day of '�'i��.�lY! �� s postage prepaid. NOTARY PUBLIC OF OREGON MY Commission Expiates: Sbe'r ibed and r wor t /afffrm to me on the day of NOTARY PTJILIC OF OREGON'r•� , Hy Comi ission Expires: 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT ITS MEETING ON TUESDAY, January 8, 1991, AT 7,30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD , TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: SDR 90 -0011 /VAR 90 -0016 FILE TITLE: Sue Snyder. APPLICANT: Sue Snyder 9740 SW Tigard Street Tigard, OR 97223 NPO NO: OWNER: Same REQUEST: SITE DEVELOPMENT REVIEW SDR 90 -0011 VARIANCE VAR 90 -0016 SUE SNYDER i (NPO #2) An appeal an Administrative Decision for Site Development Review approval.. to 1) convert and enlarge an existing Single family residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow placement of a manUfactured horse on the site for a caretaker's residence associated with the various industrial uses on the property. In addition to the existing single family residence, a 2,800 square foot building used for a Wholesale tropical fish business exists on the 2.43 acre site Applicant also requests Variance approval to 1) allow the relocation of a caretakers' residence; 2) allow a twos -way driveway less than 24 feet in width; and 3) allow a portion of the driveway and parking area to remain gravel. ZONE: I-P (Industrial Park) LOCATION 9740 SW Tigard Street (WCTM 251 2BA, tax lot 501) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 15.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE: TIGARD CITY COUNCIL 'AND AVAILABLE AT CITY MALL* OR RULES OF PROCEDURE SET FORTH IN CHAPTER 1$.30. ANY PERSONS HAVING INTEREST IN THIS BEARD, OR T .. .. . _, . ATTEND TESTIMONY MAY BE 15UBMTTTED IN WRITING TO BE MATTER TERED INTO THE RECORD OF THE HEARING. FAILURE TO RAISE AN ISSUE TN PERSON OR BY LETTER PRECLUDES AN APPEAL, . AND FAILURE TO SPECIFY THEdRITERION FROM THE COMMUNITY DEVELOPMENT CODb OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION PLEASE CONTACT THE PLANNING DEPARTMENT AT 639. 4171, TIGARD CITY BALL, 131.2 5 SW' HALL BLVD., , OR r CONTACT YOUR NEIGHBORHOOD PLANNING ORGANT ZATION' (NPO) #. CHAIRPERSON: John CdOaci PHONE' NUMBER: 620-8494 sm. as SW Laws L %DOW KATHERINE I/ 2S1021A: 00200 FISEMCOI INC 3644 SW TROY ST PORTLAND OR 97219 2S102BA- 00304 ♦. ..r..o..ro GRAY, R A AAl RA'WKIN BENTLEY, JOIN R P 0 130X 23516 TIGARD OR 97223 25102RA -00500 O .. e . ..... m ........ • t STER„ CECILIA M 9760 SW TIMM) ST TIGARD OR 97223 25102BA- -00390 e.•.an+ +es...sr._+ MCCALL PROPERTIES INC 808 SW 15TH AVE PORTLAND OR 97205 2S102BA -00900 ...... .r... SHROLL, DANIEL 13 NANCY K.[4 PO BOX 251 COLUMBIA CI'1°Y OR 97018 2S102d. �y q BA- 01100 ............ e. «o SBOTSMAN„YOdAN D /BETTY J 12220 SW GRANT AVE TIGARD 2S102BA -01501 .. . . WETLANDS CONSERVAMCY PO BOX 23,6 TUALATIN OR 97223 INC OR 97062 2S102BA -- 015031 JOERG, WILLIAM F ET AL • MOLONEY, GREGORY R AND SHARON I 6 021 SW 48TH AVE PORTLAND ry1 OR 97221 25102RA► --01/0 ... «Nm a ♦.0 «•.idwn +••• TIGARD,. CITY OF 00000 2S1029A— .O1900 :.. m . 4 . + .. WAGNER, EDWARD AND MARIE 'G 9885 SW JOHNSON' ST Timm On 97223 9 tl 2Sl02BA -00 .. GRAX, R A ET AL • It A GRAY CO P 0 BOX 23516 TIGARD OR 97223 2S UD2BA- 00400 .......... H ,, JESSIE MARY 971 SW TIGARD ST T N ARD, 2S 102RA- -00600 . a • r r . GREGORY S AND OR 97223 !LULL, GEORGE E 2445 SW TIMBERLINE DR BLAND OR 97 225 251.°1131a."416800' ...w� «.s..m..O...... • SEE—ZER PROPERTIES R'`[ 1 BOX 82 A -14 'BERG OR 97132 2Si:1.02HA-- 00901 ...................... . d....... ENGEL, GEORGE L ALLRED, DOUGLAS it 938o SW TXOrmo AVE TIGARD OR 97223 2S~102BA -01190 •• .•o.a.• littagavrs, ALVIN 454 BIRCRWOOD LANE RI LSBORd) OR' 97123 211b1O2BA : 0150 E1MARDS, THOMAS n( AND C)LLY A 12330 SW GRANT AVE TIGARD OR 97223;` 25102BA - 01601 .. • ......... ,. ■ PORTLAND GENERAL ELECTRIC COMPANY' 7,231 SW SALMON ST PORTL1 OR 97204 25.102BA -01800 �i i1�a4� a r « •t . r « .r POOLE, ANNE M MID tummK, K&RIid 9865 SW JOHNSON TIGARD OAf: 97223 is do 25102BA -02102 . «....+►M_• + «•i'e..dii4itrt, lElNGB, KENNETH A /SH LLEY L 9955 SW JOHNSON. STREET TIGARD OR 97223 A - .4 2S102SA -02103 .r_.. . . .. )P... 2S102DA -022( irI >,v RONALD G AGNES E JANSEN, KEATi, ,, ,ii 9965 SW JOHNSON KAREN TIGARD OR 97223 9975 SW JORNSON TIGARD r STATE OF OREGON County of Washington City of Tigard ) ) AFFIDAVIT OF MAILING' Ss. x, U� depose and say: (Please print) That I am a 1��a The City of Tigard, Oregon being first duly sworn /affirm, on oath for '" That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning commission Tigard Hearings Officer Tigard City Council A 'copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit '"A ") was mailed to each named persons at the ad eat shown on the attached list marked exhibit "B" on the ,,j_L1L day of , ' 0AgfflAr — 19.2/..L—, said notice NOTICE OF DECISION as hereto, attached, was posed d on an appropriate bulletin board on the day of r , 19 and depo iced: in the, United States Mail on the ..__1..,±t..-._ day of, +' - {C 19 ,• postage Prepaid,- 1110 itliA . Prepared Notice/ 'Pcrated-- -( =F+o Decision- Oniy), 9: 7 !jr du�aaa sworn /affirm to me on the day Of YF V rson who d' livered to POST OFFICE NOTARY PUBLIC OF 0 GO] My Commission Expi Subscribed and sworn /affirm to me on the / day of bkm/AF'FIDAv. F K i 1 NOTAR! Potpie OF OREGON My Commission Expires I 11 � l' NOTICE OF PUBL'I C HEARING NOTICE IS HEREBY GIVEN; THAT THE TIGARD PLANNING COMMISSION, AT ITS MEETING ON TUESDAY, p ctober 2 199(1, AT ,7. PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION FILE NO.: SDR 90- 0011 /VAR 90 -0016 NPO NO: FILE TITLE: Sue Snyder APPLICANT: Sue Snyder OWNER: Same 9740 SW Tigard Street Tigard, OR 97223 REQUESTt SITE DEVELOPMENT _REVIEW SDR 90 -0011 VARIANCE VAR 90-- 0015 SUE SNYDER (NPO #2) An appeal of an Administrative Decision for Site Development Review a ro 1) existing single family p pp vat. to 1 convert an e�cist residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various Iusinesees p Conducted by the owners of the s�.te • and allow lac ement of a allow manufactured home on the site for a caretaker ° e residence associated with the various' industrial uses on the property. In addition to the existing single family residence, a 2,800 square foot building used p for a Wholesale t- , ro ical fish business exists on the 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers residence, 2) allow a two-way driveway less than 24 feet Ln width; and 3) allow a portion of the site to remain gravel. ZONE: I--P (Industrial Park) LOCATION: 9740 SW Tigard Street (WCTM 281 2BA, tax lot 501) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.82 OF THE COMMUNITY DE CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND DEVELOPMENT AT PMENT ,.O ONS HAVING INTEREST IN THIS S CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 1$.30. ANY PER '�, MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED ,IN WRITING TO BE INTO _. ISSUE IN PERSON OR ENTERED :C 7CHE RECORD OF THE HEARING. FAILURE TO RAISE AN ISS BY LETTER, PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT 18 ,DIRECTED" PRECLUDES ' AN APPEAL BASED ON THAT CRITERION': FOF YURTHER INFO MATIOU PLEASE CONTACT TIE PLANNING DEPART . MENT AT t39- 41.71. r, TIGARD CITY HALL, 1312!!, SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNING OI GAIr1IZATION (NPO) # _2 CHAIRPERSON: John' dapac4 i HONE NUMBER: 620 -4)494 fl NORTH KATHERlhE 2S102BA -00200 • » . » .. • . ":.. ..' FISEMCO, INC 3644 SW TROD ST PORTLAND OR 97219 2S1O2BA- 0030 w .. • • '.w.. » GRAY, 'R A AU, HAWKIN BENTLEY, JOHN R P 0 BOX 23516 TIGARD 2S102BA- 00500 • • . . CHESTER, ' CECILIA. M 9760 SW TIGARD ST TIGARD OR 97223 0000 00000 0* OR 97223 2S1021321. -00390 .. • MCCALL PROPERTIES INC 808 SW 15TH AVE PORTLAND • o 4ow 444'4 AN OR 9720 2S1O2BA- -00900 .••....o . • SHROLL, DANIEL D NANCY EA PO BOX 251 COLUMBIA CITY • o • • •.• • • • OR 97018 251,02B,A- 01.100 ... .. • • . • .. . SHOD SMAN, NORMAN D /BETTY J 12220 SW GRANT AVE TIGARD OR 97223 2S1O2BA -01501 .'. • . m . • . • • WETLANDS CONSERVANCY INC PO BOX 236 TUALATIN 0•46o4, 'ail sis OR 97062 281020A -01503 • • .. JOERG, ,WILLIAM F ET AL MOLONEY, GREGORY R AND SHARON 'I 6021 SW 48TH AVE PORTLAND OR 97221 2S102BA -01701 ..•.0••• ..d• a d.•+ ••a T1:GARD, Clan( OF 00000 251O28A -01900 . • . ---..o.,,.. WAGNER, I EDWARD AND MARIE G 9885 SW JOHNSON ST TIGARD OR 97223 rot 251102 BA- 003( 11tk ` • GRAY, R A ET AL • R A GRAY CO P 0 BOi. 23516 TIGARO OR 97223 2 S102BA- 00400 ....... HILL, JESSIE MARY 9780 SW TIGARD ST TIGARD OR 97223 bbb 2S1.O2BA- -00600 • .. • o o • . .. • e . • MULL, GREGORY S AND MULL, GEORGE E 2445 SW TIMBERLINE DR PORTLAND OR 97225 2S102BA— 00800 ............. ... '. SER --ZER PROPERTIES RT 1 803E 82 A-.14 NI BERG OR 97132 23102BA- 00901.••••••..•••••.•1•••.. ENGEI, GEORGE ° L AILRED, DOUGLAS R 9380 SW TIGARD AVE TIGARD OR 97223 251028A-- 01190' . • .'. ET.ESSNS, ALVIN 454 BIRCHWOOD LANE HILLSBORO 00000 0000 01000 OR 97123 25102BA -01502 ... EDWARDS, THOMAS 11 AND MOLLY ' A 12330 Stir GRANT AVE TIGARD OR 97223. 2S1O2BA -01601 ».. .. .. PORTLAND GENERAL ELECTRIC COMPANY 121 SW SALMON ST PORTLAND OR 97204 2S1O2BA- 01800 ....••b.• d•.. w.. d+. POOLE, ANNE M AND NUKK, KTiRIN 9865 SW .JOHNSON' TIGARD OR 9/223`' 2S1O2BA -02102 ,fl.drdd;:Yi1• ENGH, KENNETH A/SHELLEY L 9955 SW JOHNSON STREET TIGARD OR 97223 t J 2S1u2BA- -0220 %.. ........ 2S�02B.A -i�2� � WICKS, KENk�WICKS, RONALD G AGNES PiES E KAREN SW JOHNSON 9975 SW JOHNSON TIGARD OR 97223 TIGARD OR 97223 SUE SNIDER 9740 SW TIUARD ST TIGARD, OR 97223 STATE OF OREGON County of Washington City of Tigard ) ) y AFFIDAVIT OF MAILING Os. I, , l "11 kl4 r-tr \s.,, , being first duly sworn /affirm, on oath depose and say: (Please print) � .. .1 > t 3 for The City of Tigard, Oregon. That I served NOTICE : OF ` PUBLIC BEARING FOR: ` r That I served NOTICE OF DECISION FOR: dPlannin g Director City of Tigard Tigard Planning Commission Tigard Hearings officer Tigard City . Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit 'dA ") was mailed to each named persons at the address shown on the attached list marked exhibit "B" on the `, day of 7 C' 1'9_• said notice NOTICE, OF DE said poet on an appropriate DECISION as her - to attached, was bulletin board on the t/3-B- day of tA.eu. Sk' , 19 ; and deposited I °w. 19 United 'States Mail on the `_ .. , day Qf � Postage Prepaid. p osted For Decision �?_, n re aced a�ot�.ce /P LLILL rE bed and sworn /affirm to me on the day of _,..-- -..,.. . '9. 1 CU OTARY PUBLIC OF ORE My Commissi i i:x ai.re . t j ;Cr PerEon' w a delivered to POST OFFICE Subs ribed and sw orn /affirm to me on the r day of ._, - :.., f pn,. 13101A/t1C'L'��M 4 C: 'era tPy; J-1, NOJTARY PUBLIC OF OREGON My irommission Expires: r al 0, CITY OF TIGARD NOTICE, OF DECISION SITE DEVELOPMENT REVIEW SD A 90- 0011 /VARIANCE VAR 90 -0016 SUE AND DAROLD SNYDER OWNER /APPLICANTS : request development review to 1) convert an existing APPLICATION: A re est ,for site single- family dwelling currently being used as a caretaker's residence into a commercial use, 2) construct a 1,000 square foot storage shed, and 3) allow placement of a manufactured home on the site to replace the existing caretaker's residence. 'Also .. uxested is a variance to allow 1) a portion of the site to remain unpaved, 2) the location of a caretaker's ,residence on the southern portion of the site, and 3) an approximately 20 foot wide paved driveway where a 24 foot wide paved driveway is normally required. ZONE: I -P (Industrial Park) LOCATION: 9740, 9742, and 9744 SW Tigard Street (WCTM 251 2BA tax lot 501) DECISION„ Notice is hereby, given that the Planning Director's designee for the City of Tigard has APPROVED the above described request SUBJECT TO CONDITIONS. g conclusions on which the decision is!based are noted below. findings .and The f A. FINDING OF FACT 1, Background This site was annexed into k the City in August, 1971 (Boundary Commission file no 296)1. In December, 1986 a Temporary Use application was approved allowing the operation of a Christmas bazaar on the property. Later in December, 1986 a site development review application (SDR 21-86) was conditionally approved by the Director ' allowing the operation of a mail order business from the single- family dwelling located at 9744 SW Tigard Street (please refer' to Exhibit A) This decision was appealed by the applicant who objected to conditions of approval that required half _street improvements along Tigard and Street, paved driveways, and the dedication of greenway along Frs..;stno Creek. The City Council ruled in favor of the applicant with respect to the half - street improvements Council also allowed the ;applicant to defer paving the driveway until further expansion of the "industrial commercial " use. e. Dedication of additional right --Of --way and execution, of - a nonremons were required in lieu of the �.rance agreement improvements. Counci l ruled in f avor of staff's i ':ommendati on for dedication of greenway along Fanno Creek in the 100 -year floodpiain. The mail order business apparently was established, but these conditions have not been satisfied. Vicinity Information` Properties to the east and west are also zoned I -P. Tigard Street and railroad ''tracks lie to the north. Farr;e1e to the north of the railroad, tracks are zoned,'R -4.5 (Residential. 4.5 units /acre). NOTICE OF DECISION - SNYDER SDR 90 0fyll/vAR 90-0016 PAGE 1 Ma Fanno Creek runs along the southern property line and just south o the creek is another residential district zoned R, -4.5. . Site Information and Proposal Description The 2.43 acre site contains a caretaker's residence (approximately 2,000 square feet in size) and a 2,800 square foot building currently being used as a wholesale tropical fish business. Two outbuildings, an old boat, an assortment of vehicles (the use of Which is unclear) and other materials are located or being stored on the rear of the property. , The applicants propose to 1) convert the existing single - family residence, currently in use as a caretaker's residence and occupied by the applicants, into a commercial use; 2) place a manufactured home on the rear of the property to provide continued housing for the caretaker /applicants; and 3) construct a 1,000 square foot, storage building. The applicants also request approval of a variance to allow 1) Continued use and relocation of the caretaker's residence into a manufactured home proposed to be located on the southern portion of the site; 2) the continued use of a, two -way driveway that does not meet the width requirement along a portion. of the driveway; and 3) the portion of the site located behind the tropical fish business building to remain unpaved. . Agency and NPO Comments The Engineering Division 'has the following comments: The site abuts SW Tigard Street, a minor collector usually, requiring a 60 foot right -of -way from the railroad right Of way' along the northern edge of the street right -of -way. ▪ subsection 18.184.030(A) of the Code requires that streets adjacent to developments be improved. Section 18.26.030 of the Code defines development as "a building... Or making a material change in the use or appearance... of 'l &nd. ►► Since the proposed application includes two buildings, paving for a driveway an y d Parking lot, and the change of use of an ekisting building, it is a development within the meaning of the Code. The Director may accept at future improvement gUarartee in lieu of street improvements if one or more of the exempt i.;.ns in Paragraph ', c of SubSect ion , ;18.1624'°3°(A) of the Code are, Met. It appears that none of the requirements of the egemptions are met for the following reasons: improvement (i)', A partial 'to Tigard Street is feasible . since similar improvements have been installed along the parcel to the east as well as several other parcels along SW Tigard Street; NOTICE' OP DECISION .. 81YDEA, SDR. 90.40ll /vAFt 90 -0016 POE "A. IF (ii) A partial improvemOnt Would not create a potential safety hazard, (iii) Similar improvements to other nearby parcels have been and will'be installed; (iv) The improvement would not conflict with an adopted capital improvement plan (v)' The ;application is not for a residential land partition; and, (vi) No additional planning work is required to ;define the appropriate design standards. Consequently, half street improvements along the Tigard Street frontage should be required'. 3. Storm drainage is �rovided b disc-ar i P �i n to the g' g he Fanno Creek floadplain at the south'of the' site' 4. sanitary sewer service 3.s provided by an e�iEstng pub',c sanitary sewer line on the Site.° 5. `The re ested variance for the na grower driveway should be ,,permitted since only about 30 feet' of > the driveway will not conform to the 'required code standards. The narrow driveway' serves only eight Patkinq:8PagesiH. 6. The variance to allow a gravel driveway should be approved to. the extent that the paving is not required to access the eight southern most parking spaces. The remainder of the driveway Y ' ' Bence and is teimpor-ary. serves onl t�Ye caretakers 'real �- pp (SDR 21.E -S fl,- .00dwa in red by a Previous a lication +6) the 7. fJoAlthough w Y in the site has not been dedicated as ,ree 9 nway. The Building' Division comments that the existing caretaker's residence must com l.. w` uilding Code bequ P sion toh commercial used The building must • cements for convey nspected, by both the' Building, Division and the Fire Marshall. to be � determine what the requ `meats Will be.i' The division also notes that the exterit of parking lot and driveway paving required should be made clear to the applicants, Also, if the' proposed, manufactured home is to be r~onverted to a cornmerc ; al tine in the feature, it too will have to comply with applicab1 codes Finally„ fhe Bula gin ivisioxi pons out tha the -location of the+ 100 year p will be. located' within the E oodpla n. NPO #2 noted that the applicants are requesting a variance to commercial codes and points out that the additional building could NOTICE OF, DECTSION - SN'YDER - SDI 90- 0011 /VAR 90-0016 ' pAdV � _.:.r.. ,,w.. be used as a business in the future. They also note that the current - application is similar to the previous site development review application (SDR 21.86) The Fire Marshall comment/4 that hydrants shall be required within, 250 feet of all portions of commercial buildings and within 500 feet of all portions of residential. buildings. Also, the driveway' p with shall be re iced to be in Compliance with the Uniform Fire Code. Tigard ,Water, District has no objections to the proposal, but points out that the applicants must provide two additional water meters to supply water to the manufactured home and the existing 2800 square foot building. PGE and Metropolitan Area Community Access have reviewed the Proposal and have no ob7ections to it. No other comments have been received. ANALYSIS AND !CONCLUSION The applicants are required to apply for site development review approval because their Proposal is considered to be a major modification. Community Development Code Section 18.120.070 provides the criteria for determining whether a modification must be reviewed by staff. In this case, it was determined that the proposal must be reviewed because additional on -site parking will be necessary to accommodate the proposed modifications. The applicants will be required to satisfy the requirements of SDR 21-88 prior to the issuance of a placement permit for the proposed manufactured home or a building permit for the proposed storage building. SITE DEVELOPMENT REVIEW The applicable criteria in this case are Community Development Code Chapters 18.68, 18.100, 1.8.102, 18.108, 18.108, 18.114, and 18.144. Chapter 18.68 (I -i': Industrial Park District) The proposal generally satisfies the dimensional requirements of Section 1 8.68 050. The residence proposed to be converted to commercial use ;is Set back more than 35 feet froil the front property 1inf= and is less than qu 45 feet in hei ht.. There are no side i . Two g Yard s3etbacis re iretslents� areas of concern Warrant further discussion. These are the 50 foot rear yard setback_ requirement and the commercial use of the existing residential building. The atorsge building aid nttfcttred home proposed to be located on the s llther.n. portion of the lot would normally be required to meeb the required 50 foot setback bedauSe thin port_ioni of the site abuts a residential r,on e to the south, fowevier, in this Cade the southern , p drtiori o the mite abuts ranno Creek. T he a ppp lieanta Will be required NOTICE OF DEOISION SNY.. _. �... � DER SDR 00- 0O11;/'VAR 90 -00,16 PAGE 4 4A A !_.,�w_..:w.�. -,.. -, ...:;::L. I. .. ut.�,:i.: .., .. a'�: :,,4. �. .�., ,:.�; ..✓.',.,, «._,.., - -. ..:_.., ....,i ..�::.�k.: �, ..�. .��.. -. I. .,.„a;,;+:. .. ,. .... . .I... ,.:iA:... .....! �..�; ....,. .o-1 I,.. � ................... -.. ....:4.,....,v, r ....,,,.. .. :.....^......F'.... to dedicate to the public that portion of the site which' is located in the 100 -year floodway. Consequently, the site will abut a floodplain located in an industrial zone rather than a residential zone. Therefore, the 50 foot rear yard setback does not apply. With respect to the commercial use of the existing residential building staff would like to be certain the applicants have a clear understanding of the commercial uses that will be permitted when the existing residence is converted to commercial use. Section 18.68.030 lists the permitted commercial uses in the 1-p zoning district. The use of the residential building for commercial purposes will be limited to :those uses which will not require additional storage or parking area. Such uses would include animal sales and service, building maintenance services, business equipment sales and services, business support serve. ' services, communication cation cervices, financial, insurance, and real estate services, laundry services, medical and dental 'services, professional and administrative services, and research services. Convenience sales and p day facilities, eating and da care drinking establishments, Personal services, facilities, and general retail sales will be permitted to occupy only 20 percent of the development complex this site. A.ny' commercial use that requires merit com lex on t commerc additional storage or parking will require another site development review. Finally, staff would like to call attention to the comments made, by the Building Division and remind the applicants that thLs. building mus• meet the Uniform Building Code and Uniform Fire Code requirements for conversion to a commercial used chapter 18.100 (Landscaping and Screening) The proposal satisfies the I -P zoning district requirement that 25 percent of the site be landscaped. Adequate landscaping exists on the northern half of the site ( pp ro. x imatel y 25-.30 p ercdnt ) and, with the exce p tion of bufferin g and screening r qu irements which are discus sed below, adequate natural landscap in g exists on the southern half of' the . site where a portion of the parcel is located in the fioodplain. When the additional right -of -wad• is dedicated and half - street; improvements are installed on Tigard Street, it may be necessary to remove the existing street trees. In the event i g � it is inecessary to remove the trees, the applicants will be required :o replace the trees 7 ... to pp Planning .. . moval with trees subject •�o a roval of the plannin Da:v�.�zon. � tree re permit must be obtained prior to the removal of any trees Section 18.100,080 discusses buffering and screening requirements. Typically , where a property zoned;IP' abuts a property zoned R -4.5 a 20 foot Wide enou }.i to Wide buffer• is required. In this case, the 'annb Creek floodplain is wa g provide satisfaatoky buffering between the two zoning districts and additional buffer area Will not be required. However, g .. p i . +. screeriin must he a.nsta.l�,ed to provide a visual barrier between the 10IdE Cp DECISION 5NybEH SDI 90- 0011/VA-A 90-0016 ?AGD 5 residential zone to the south and the southern portion of the site where the manufactured home and storage building are proposed to be located. screening may be in the form of a hedge, fence, or wall or landscaping consisting of at least one row of deciduous and evergreen trees. In the latter case, deciduous trees must be at least 10 feet tall and evergreen trees at least 5 feet tall. 18.102 (Visual Clearance Area) The existing driveway entrance satisfies the requirements for a visual However, when the additional right-of-way ht -�of -way is dedicated clearance area. Ho p s. 9- Street, the and the half - street im ovements installed' on Tigard drivewa! H entrance may not meet the visual clearance area standards because of the gate that currently exists at the entrance. If hiis the case, the driveway will have to be broug ht into entrance conformance. This can be 'accomplished by 1) removing the gate entirely; 2) reducing the height of the gate, or 3) ,setting the gate back from the street so th at a visual clearance triangle with 30 foot sides along ,Tigard street on each si de of the driveway and along, driveway are maintained. Chapter 18.106 (Off - street Parking and Loading) Based on the uses of the Site that are proposed or possible, 16 parking epaces are reequired. The proposal satisfies this requirement because 17 parking a p bc see p r � d. However, no designated handicapped parking space or bicycle' parkin g is proposed. Code Section 18.106. 02 0(N)(1) requires, one :handicapped ;,parking space fora parking area _which contains p g p on 18.106.020(P) requires at least otrer 5 required arkin s aces. Sects one secure bicycle rack '`space, for each 15 parking spaces. A ,revised site plan must be submitted providing for at least one handicapped space and one bicycle parking space 18.106 (Access, Egress, and Circulation) The applicants are requesting a variance to the access standards to allow an approximately 30 foot long portion of the driveway' ` to be approximately 20 feet wide where 24 feet id normally required. Also que nce 'to allow the southern portion of the driveway, located beyond the, tropical fish business building to remain unpaved. re steel i.s �. The variances are dischu06ed below under the ",VARIANCE REQUESTS" heading. Otherwise, the proposal sat'idfies the requirements and standards of Chapter 18.106. In additich to satisfying the Code requirements 'of Chapter 18.106, the proposal must t the Uniform sire Code requirements. The '� also ' Meet applicants will be reglaired to provide evidence the Fire Marshall has approved 'the proposed access NOTICE OF DECISION Snii 90 0(711/VA'. 90-0016 PACE 6 %' 18.114 (Signs) Prior to the installation of any signs,' ;' the , applicants must obtain a sign permit. One freestanding sign will be permitted on the site. It may be, i0 square feet in area per sign face up to a total of 140 square feet and 20 feet in height. Wall signs are also permitted in the I--P zoning district. They are limited in size to 15 percent of the building face on which they are located. Chapter 18.144 (Accessory Structures) The applicants request permission to construct a 1,000 square foot storage building on the rear portion ' of the site in the vicinity of the proposed manufactured home. Applicable criteria are contained in Section 18.144.070 (Approval Criteria - Accessory Structures)* Acco::dingly, the storage building will have tit: satisfy the setback district and damply with all requirements requirements oaf the ` x -� applicable to a principal structure. The structure shall not encroach upon the floodplain or interfere with the Ilse of any adjoining property. It must be built in accordance with the Uniform Building Code and an accessory structure permit must be obtained. VARIANCE REQUESTS for variance must satisfy the criteria for A request icon an administrative �rar granting a. variance found in Code Section 4.050. They are as variance on 1.8.13 follows: (1) The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the , y Pp p s of the Cam >rehensive - Plano' an other a licable � olcie Community Development Code, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. (2j There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no - control, and which hare not applicable to other properties in the 'same zoning district; (3) The use proposed will be the sable as permitted under thin Code and City standards will. be maintained to the greatest exten'c possible, while potmitting some economic use of the landy 4 ) Existing' physical, and natural systems, such as but not limited to traffic,, drainage, dramatic land forms or parks will not be adversely affected ay - opment were n: more than would. occur if the level locates as specified in the Code; and ( 5) The h.. +p p the the variance re P tea is minimum variance which would alleviate the hardshi. a�'dshi is self -» m Deed and ' t es NOTICE Or DECISION - SNIDER SDR 90-0011/VAR 90- 0015 PAGg The above criteria apply to thw two variance requests that follow: Variance to Allow a Manufactured Home to be Used as a Caretaker's Residence The applicants request a variance to allow placement of a manufactured home on the southern portion of the site to replace the residence they are converting to commercial, use. The use of the existing residence, as a caretaker's residence was approved when the City Council; approved the previous site development review (SDR 21 -86). The current request is made to allow ' the continued existence of a caretaker's residence to be occupied by the applicants and to allow the use to take place in a proposed manufactured home to be located on the southern portion of the site. When the previous approval was granted, a caretaker's residence was a permitted use in the Heavy Industrial, Light Industrial, and Industrial Park zoning districts. A caretaker's residence is permitted Park ' use in all but the Industrial zone as a re s result of � an errors made `: when the Code was last revised. In the course of the last revision the section of the (:ode allowing a "single y detached r a manufactured/Mobile home" to be used a caretaker's residence was inadvertentlyomitted. This error will be corrected, but in the meantime the applicants must request a variance and satisfy the administrative variance criteria. The variance request satisfies, the criteria because it will not be y purpose of Title 18, be in conflict P with the policies of i�he. com rehens' p a�'i, to any other materially detrimental to the u applicable policies and standards, and to other properties in the area. As explained above, there are ''special circumstances that exist over which the applicant has no control. The use proposed is permitted under Title 18 and City standards will ;be intended to be ermined and maintained while permitting some economic use of the l land. Existing physical and natural systems will not be adversely affected. Finally, the hardship is riot self- imposed. 2. Variance to Allow a Portion of the Site to F.emain Unpaved The applicants propose to pave the driveway and all parking areas located between Tigard Street and a point approximately 280 feet from Ti g ard Street. The Paved area Must extend 'beyond the parking area for the tropical fish busine80 at least 20 feet, as shown on p p y Driveway of adequate size on. will rovid+� a a sled d which ithe, vehicles ienter�n and, 1eavin the business can maneuv` ` entering 9 er. The > applicante must submit a revised site plan showing the area to Paved, d as shown on Eichibit A.',' be avedr as deecra�bed above an The pp: qu _ es�, reMain&er ' of the The a lx.Cants se a variance to allow t h site to rertiain unpaved. This, variance also satisfies the above criteria for granting a variance. The portion of the site proposed to remain unpaved will be raised primarily by the NOTICE OF DECISION -' Sr'D i R SDR 90 OO11 VAR 90-0016 PAGE not r) caretaker/applicants as a residence and for storage purposes. It is p g to experience a large volume of traffic. It will not be materially detrimental to Title 18, comprehensive plan policies, other applicable policies, or other properties in the area because the unpaved portion of the site is located almost 300 feet from Tigard Street. This distance should eliminate dust, mud, and g ravel being brought g` g onto o the public street. The portion of the driveway that is to be paved' will provide a finished appearance to the site's frontage. The special circumstances that exist because this portion of the site is proposed to be used only as 'a residence for the caretaker /applicants '! and for inside storage. Both of these uses are considered interim because the site is not fully developed. The proposed uses are permitted uses and City standards are maintained to the greatest extent possible while permitting some economic use of'the!lansd. Existing physical and natural systems will not be adversely affected. A hardship exists in that if this ` portion of the site,, were required to be paved at , t paving g removed when the site is this time, the avan would have to be xe redeveloped. The variance requested is the minimum variance which would alleviate the hardship. Variance to Reduce the Pavement Width of the Driveway The applicants request a variance to allow 'a 30 foot long portion of the approximately 300 foot long driveway to be approximately 20 wide where 24 feet feet is normally required. qu reds The remainder of the, driveway satisfies the access width requirement. code Section 18.108.150 contains the appr'oval'standards for a variance to access standards. They are as follows: • It is not possible to share ,access, There are no other alternative access points on the street in question or from another Street; . The access separation requirements Cannot be met; 4. The request is the minimum variance required to provide adequate access; 5. The approved access or access approved with conditions will result in a safe access; and G'. The viaual clearance requirements of Chapter 18.102 will be met: The proposal satisfies theses standards because lit le not possible to share ` access with. a neighboring property at this time., criteria number 2 and 3 do not apply because the variance request is not for . et. The request iicthe minimum the oint of f�cim Tigard ire p g p nt intends variance re tired to provide ode ate access. T to install a divider or island between the parking area for the NOTICE OF DECISION SNYDER - SDR 90.0011/VAR 90-0016 PAGE 9 4 14 tropical fish business and the driveway sso that vehicles will hays to back far enough out of the adjacent parking spaces to be able to see down the driveway before entering it. The island must be a minimum of 3 feet wide and must contain landscaping no greater than 3 feet in height. Ade quate visual clearance ra nce will be provided and the driveway will be safe. • DECISION The Planning Director's designee for the City of Tigard approves SDR 90- 0011 /VAR ' 90 -0016 subj ect to the followin g conditions: THE tions: THE FOLLOWING CONDITIONS SHALL OBTAINING BUILDING � ALL BE MET PRIOR TO OBTAI PERMITS FOR THE PLACEMENT OF THE MANUFACTURED HOME AND CONSTRUCTION OF THE STORAGE BUILDING. • Additional right-of-way shall be dedicates to the Public 'c long the SW Tigard Street frontage to increase the right-of-way . g Y from: the railroad right s � Y feet g of -wa to . Y g aide. of the `xi ht- of -wa along, north of -way. The description shall be tied to the'existing right-of-way centerline. The dedication document !shall be on City ,forms. Instructions are available from the Engineering Department., STAFF CONTACT: John Hagman, ,Engineering Department ,(639 ( 63.9 -4171 ) • 2. The zero foot rise floodway Portion of the floodplain shall be dedicated as greenway open space to' the City. A monumented boundary, survey showing all new title lines, prepared by a land surveyor, ' shall be submitted t+o the registered, professional/ Y Cit for review 'and and approval pri recording. In addition, the City .record 'f loos lai n boundary shall he marked with Stal:As�' to :assure that no Or 'Co buildings or other structures are P within the fl.00dpl.ain. STAFF CONTACT: o John Hagman, Engineering Depa w (639-4171). ri-ment .,. 3. The applicants shall provide connection of 'the proposed y _� �m` A manufactured home is the Public' sanitary Sewerage e1 Permit qu; �p connect, to the xistinge'public connection ermit zs re ,red to sanitary sewer system. STAFF CONTACT: Brad Roast, Building Division (639-4111). 4. ,n' erosion control plan, shall be provided for the installation of the manufactured home. The plan shall conform to "Erosion Control Plans .- Technical Guidance Handbook, Nov'enlc...ar 1989." STAFF CONTACT: Brad Roast, Building 13.vision (639,t4171),x T HE HE FOLLOWING CONDITIONS SHALL HE MET PRIOR TO OCCUPANCY OF T MANUFACTURED HOME. 5. The applicants shall provide evidence that hydrants have been installed as required by the Fite Marshall. STAFF .CONTACT: Brad Roast, Building Division (639 -4171) NOTICE OF DECISI FAGS 10 .. 1,�+V'P�R. 90 OCa16 ON - SNYDER = SDR 90 p01. . The applicants shall'provide' evidence that the access satisfies the requirements of the Uniform Fire Code. STAFF CONTACT: Brad Roast, Building Division (639 - 4171). • The applicants shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on --site system. STAFF CONTACT: Brad, Roast, Building Division (639 -4171) . .I A revised landscape/site plan shall be submitted showing 1) the location of one designated handicapped parking space, 2) ' the location of at least one bicycle parking space, 3) the required screening including the species and location of trees to be installed' adjacent to the floodplain, and 4) the type of landscaping to be installed in the parking island adjacent to the tropical fish business parking area, and 5) full extent of the area to be paved,' as shown on Exhibit A. STAFF CONTACT: Vi Goodwin, Planning Division (639- 4171) 9. The screening required in condition; nc. 8 shall be installed prior to occupancy of the manufactured home or construction of the storage building. STAFF CONTACT: Vi Goodwan, Plannixg Divasi on ,(639- 4171). The existing residence shall be vacated prior to occupancy of the manufactured home. STAFF CONTACT: Brad Roast, Building Division (639 - 417.1). THE :FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OBTAINING BUILDING PERMITS TO ALLOW A CHANGE OF OCCUPANCY AaR USE OF THE EXISTING RESIDENTIAL BUILDING. 11. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering De t. Seven (7) sets of approved drawings g g p artm en and one (1) itemized construction cost estimate, all prepared by a g� final review and in addition to Submitted for f�.n Professional Engineer, shall be su. any drawings approval (NOTE: these lane are ' required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Ragman,; Encineer.ng Department (639-4171)4 12. Bu,ildin Permits will not be issued and construction of proposed g p nstruct public improvements shall not commence until after the Engineering Department has reviewed and approved 1,:11,e public improvement plans and a street opening permit or construction compliance agreement has ' been executed. A 100 percent performance assurance or letter of commitment, a developer - engineer agreement, the payment of a permit fee and a sign i,nstallation/streetlight fee are required STAFF CONTACT: John Hagman, Engineering,Department (639- 4171),. 13 . Standard half-street improvements, including concrete sidewalk; driveway apron, curb, asphaltic concrete pavement, sanitary sewer, NOTICE OF DECISION = SNYDER r- SDH 90- 0011 /VIAR 90'0016' PAGE 11 storm drainage, streetlights, and underground utilities shall be installed along the SW Tigard Street frontage. Improvements shall be designed and constructed to minor collector street standards and shall conform to the ' alignment of existing adjacent iirproveMents or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alfson, Engineering Department (639-4171)- 14. The proposed privately- operated and maintained parking lot and roadway plan - profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Ga:ey Alfson, Engineering Department (639- 4171) . 15. The applicants shall provide for roof and pavement rain drainage to the public etormwater drainage system or by an on -site, system. STAFF CONTACT: Brad Roast, Building Division (639 - 4171). 16. The proposed, privately operated and maintained sanitary sewer and storm drainage system plan - profile details shall be provided as part of the public improvement plans. STAFF CONTACT. Greg Berry,, Engineering Department (639- 4171). 17. An erosion control plan shall be provided as part of the public improvement drawings. The plan `shall conform to "Erosion Control Plans - Technical Guidance' xandbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 18. The applicants shall arrange for inspection of the existing residential building by the Building Division' and the; Fire Marshall to determine a axm. that the building is in compliance wi� ,, the LTnif Building Code and the Uniform Fire code's' re irements for t conversion to commercial Evidence shall be provided by the ` l use . Evid applicants that this has been accomplished and that the building satisfies all requirements Stipulated by the Hu ilding Division and Fir e Marshall. STAVF CONTACT: Brad Roast, Building Division ( 639- 4111) 19. In the event it becomes necessary to remove the existing street trees to accommodate street improvements to Tigard Street the applicants Shall obtain 4 tree removal permit and submit a P g P .: g' p ees « STAFFtio � of trees landsca in lard showing' the seciea, size and loos that will replace the existing street tr CONTACT: Vi Goodwin, Planning Division (639 - 4171)« 20. In the event the driveway' entrance does! not meet the vision clearance area requirements of Code Chapter 18.102 as a result of the installation of street intprovementa t ne applicants Shall be required to bring the driveway into Conformance. This may be accomplished by 1) removing the gate, 2) reducing the height of the g 3) g rom the street a distance that are; or 3 settin the gate back f will allow a vision clearance triangle with 30 foot sides along both sides of - . y .a .., lon they driveway. • g � ( STAFFdCSureet on i _ „f the drDiv�sican�id639 -4111), Tigard ONTA.CT « vi Goodwin, Plarinin 471 NOTICE op DECISION SNYDER - Stitt 90- 0©11/VAR 90 -001:6 PAGE 12 ,. ». 1a.,i.; ti.A ....n .. �. ..1 .ir . «'w ... w...•. m n+ •A_ .i ....«...�.. .n. a,r.��.....d6..« r•.«.,w...� ._...w. �A. perating vehicles • All nono � icles and stored ma terials shall be removed from the site. STAFF CONTACT: Vi Goodwin, Planning Division (639 4171). 22. The site improvements and remaining landscaping shown on the approved plans required by Condition Ott shall be installed or financially secured. STAFF CONTACT:[, Vi Goodwin, Planning Division (639 - 4171). • In the event a manufactured home is not placed on the site, Conditions 1, 2, 4, 5, and 6 shall be satisfied prior to obtaining building permits for the change of occupancy of the existing building. THIS APPROVAL IS VALID IF EXECUTED WITHIN, 18 MONTHS OF THE FINAL DECISION DATE NOTED BELOW. PROCEDURE 1. Notice: Notice was posted at City ` Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected government agencies • Final Decision: THE DECISION SHALL BE FINAL ON .ELI /7R/c}o UNLESS AN APPEAL IS FILED. • Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must 1. mut be filed with the Cif Recorder within 10 days after notice is given and sent. Appeal fee schedule' and forms are available at Tigard Catty Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an a ppeal is 3:30 Plonk= AUGUST 28) 1�.�0'; • Question9 If you have questions, please call City of Tigard Planning Department, City of Tigard city Hall � �- X12 SW Hal l Blvd./ Tigard, Oregon. PREPARED BY V ola A. Goodwin opment Review Planner APPROVED BY: Keith S. LLderi Senior Planner eV/51Po DATE DATE N(7TICE OF DEG"ISIoN SNXi7ER - SDR 900011 VAR 90-- 01.016 :RAGE 7d Ce c)t)fer, 70 &ooa •rd$r/A, /344a' %V ve h s A Alibil65,14,6 F1411 (1A P i)Esr) WOODIWO pARK Y �✓ 2S102BA -00200 FISEMCO, INC 3644 SW TROY ST PORTLAND OR 97219 2S102BA -00304 •• ►•w•We•a•s•s. GRAY, R A AU, HAWKIN BENTLEY, JOHN ,R P 0 BOX 23516 TIGARD OR 97223 2S102BA -00500 .....e..•••:.•...• ♦. • • • CHESTER, M 9760 SW TIGARD ST TIGARD OR 97223 2S102BA- 00390 .•w'....:.. e... • MCCALL PROPERTIES INC 808 SW 15TH AVE PORTLAND OR 97205' 2S1020A -00900 •.•.os•••o.•.na.•o.•• SHROLL, DANIEL D NANCY KA 80X 251 COLUMBIA CITY OR 97018 2S102BA- 01100'... • .e. 0.. SHOTSMAN, NORMAN D /PaETTY 3` 12220 SW GRANT AVE TIGARD • . OR 97223 251028A -01501 ...... °. WETLANDS CONSERVANCY INC PO BOX 236 TUALATIN OR 97062 • ,..ina.L4e' c, 2S1O2BA -00303 ...... GRAY, R A ET AX, % R A GRAY CO P 0 BOX 23516 TIGARD OR 97223 2S102BA -00400 ... ... HILL, JESSIE MARY 9780 SW TIGARD ST TIGARD OR '' 97223 2S102BA -00600 ..................... MULL, GREGORY S AND MULL, GEORGE E 2445 SW TIMBERLINE DR PORTLAND OR 97225 251028A -00800 ......•:... SEE—ZER PROPERTIES RT 1 BOX 82 A-14 NEWIBERG OR 97132 25102BA -00901 . ENGEL, GEORGE L AWAKED, DOUGLAS R 9380 SW TIGARD AVE TIGARD • 2S102BA -0119 ♦ e ELKINS, ALVIT 454 BIRCHWOOD LANE HILLSBORO OR 97223 o OR 97123 .. • 2S102BA- -01502 ......... 41,00 :. EDWARDS, THOMAS H AND MOLLY A 12330 SW GRANT AVE TIGARD OR 97223 2S102BA- 01503 4444444444444 4. .; JOERG, WILLIAM F ET AL MOLONEY, GREGORY R AND SHARON I 6021 SW 48m AVE PORTLAND 2S1O2 3A-0 701 :.. TIGARD, CITY OP OR 97221 00000 2S102BA -01900 ....... EDWARD AND MARIE WAGNER, ER G 9885 ,SW JOHNSON ST TIGARD OR 97223 251028A- 7O1601 r .r e . a . • .. a • • :. : • .• ei... PORTLAND GENERAL ELECTRIC OOMPANX ^121 SW SALMON ST' PORTLAND OR 97204 2E1O2BA -01800 ♦•.i....!{ea..:a...... POOLE, ANNE H AND NuKK, KARIN 9868 SW JOHNSON TIGARD OR 97223. 2S102BA- 02102 r6.:...... ENGM, itENNETA AiSHELLEY L 9955 SW aOHNSOt1 STREET TIGARD OR 97223 2S102HA -02103 ....... » ......... 2S102HA-- 0220;` w. WICKS, RONALD G AGN ES E JANSEN, KENNETH C 9965 SW JOHNSON KAREN TIGARD OA 97223 SW JOHNSON TIGARD I SUE SNYDER 9740 SW TIGARD ST TIGARD, OR 97223 • • ,• • r • • ∎. • • • • •. :i JOHN CAPACI 11560 SW 90TH AVE TIGARD, OR 97223 P.O., BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard PO Box 23397 Tigard, Or 97223 AFFIDAVIT OF PUBLICATION STATE OF OIIEGON, COUNTY OF WASHINGTON, I, Judith Koeh'ier being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti dd rd -limes , a newspaper of general circula."tipn as defined in ORb 1:93.011 and 198.020; published at Ti card in the aforesaid county and state; that the Site pevel opment Revs ew /F,r.- 90 -001: „ Val" 90 -001:6 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive in the following issues: August 2; , '90 �., 4 ►��l•�r-n�( ^�4('1 obtained fiom the P ' nin �:h vd +y,. i P 3397 and c : finalk oit Aii �t ,14a �� 0. � y rt o t �' decision accordance''waiti�. S do 8,32.29 , oat ifftc Coim iunity' Devrela trietit C ids which .,'` d p ,. p a.,ma: ailed �ithio n i s d ?rid day � ,_. c or 401 peal i5 3,30 Ptt;41 z4a 199ay.' ; n appeal will Dc Novc.. - Pu bli lt` Ati t2,1990, P.O. BOX 370 PHONE (303) 684 -0360 BEAVERTON, OREGON 97075 Legal Notice Advertisin City of Tigard PO Box 23397 Ti gaYid, Or 97223 Legal Notice Ti 7654 ' 'he 'Dire for has 'approve subjec t ,to . o nd1tainn s 0 TearsheE Development Review ° appr'ova to 1) residence " "`for'use in'ttr manul'actaro abi ri ii, sale coos I uct I,( ' ' ' ivatie foot storage sh�cl for vari r u; � duct i 'by ;t � ed "home nerssit'oeof rr f otiaa e as,pi, tcrea; reeam ta k�e ti n laioow aiti "rs ' Oats iedas� rs .es den rily r{e�sgidpcfit�l�e,, a 2,800 s4 /4t-e boi. b�,uit/01:ii � us a {Jhale. 1 , , sh ,business fists o� the ZY F.Sit i 4 �,;.v AI.So AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, I,. se.h1er being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk; of the TJ g.ard_Iitne..� a newspaper of general circulation as defined in ORS 193.010 and 193,020; published at Ti gard in the aforesaid county and state; that the Si ,Development Rev? ew >SJJR 90-0011, Var 90 -0016 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and consecutive 41 the following issues: Au List , 1,10 :9b ,.� . 2,hd day of August �.I Subscribed and sw'or i to before me this^ Notary public for Oregon The adob a finding facts, decision, and at cor obtained fYom thin Pla in Department, Tigard Fail'' ir�dY p'.O. b 23397# �Ti ard, on Oregon final i tt � An t Y �' � y , decision in accordance with Section 18.32,290 A) ar `s txtion r F � bf the Community Development id ' tl�at a writte al h°may be filed within l trays after notice °is given! "' "ratit. - luio for filing of n appeal as 3 :30 P+ ►'i, . .ugus 1 9 an appeal will be �Dc NovoY . ' hic i`► is t is 1"77654 Publish Au ust 2'10 0. ; Ily Dotniniss +" a CITY OF TIGARD, OREGON SITE DEVELOPMENT REVIEW APPLICATION; CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639.4171 1p 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION &Me TAX MAP MAP AND TAX LOT NO. i , .a / SITE SIZE PROPERTY OWNER /DEED HOLDER* ADDRESS "'71112_156d CITY r 1 ir t� zip APPLICANT* ADDRESS PHONE CITY ZIP *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 owner with written authorization. The owner(s) must 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 development review approval to allow r . c 0 I r p l U' 5 flak,6 6 /,.;.+x40 0 + 1-2 P41-710 .41,66'L 1,ip,r70)s' i i 0 0524P/13P c /9 - e►, letit. ee l' d 5/87 CASE NO. OTHER CASE NO'S: RECEIPT NO MAY 2 3 1990 L ity 1M PLANNING DEPT. FOR STAFF USE ONLY Iw•+i'R.1 ./. A 40 A APPLICATION ACCEPTED BY: DATE: Appliation elements submitted: A Application ( ) ppl�.cation f ortn (1) (B) Owner's signature /written 4,- authorization 17V " tnrd '(1) (E) Flat plan (pre —app checklist) (F) Applicant's statement (pre --aPP checklist) ( Lis .:.. p,tPp,,er y ,..aw ier's hri addresses x.w hi g50 tee 1 ' (H) ' Filing fee ( / 6 ) le//'(I) Construction Cost Estimate DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNA ON: N.P.O. Number Approval Date: Final Approval Date: Planning Engineering . List any variance, conditional use, sensitive lands, or other land use actions to be considered as part of this application: . Applicants: To have a complete application You will need to submit attachments described in the attached information sheet at the time you submit this application- . THE APPLICANT(S)' SHALL CERTIFY THAT A. The above request does not violate any deed resta`i.ctions that may be attached to or imposed upon the subject property. . If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. . All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any Permit issued, base d on this application, may be revoked if it is found that any such statements are false- . The applicant has read the `entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this day o SIGNATURES of each owner (eg.' husband and wife) of the subject property. (KSL Pm/0524P' 1.9 2S102BA -00200 eer FISEMCO, /NC 3644 SW TROY ST PORTLAND 2S102BA -00304 ......0 GRAY, R A AU,, HAWXIN BENTLEY, JOHN R P 0 SOX 23516 TIGARD 2S102BA -00500 ....f,., CHESTER, CECILIA M 9760 SW TIGARD ST TIGARD OR 97219, OR 97223 OR 97223 2S1.02BA- ,0Q390 • ..... o ....''. MCCALL PROPERTIES INC 808 SW 15T S AVE; PORTLAND OR 97205 2S102BA -00900 ....i..•...... SHROLL, DANIEL, D NANCY''KA PO BOX 251 COLUMBIA CITY OR 97018 2S102BA- 01100 ....0...r.. SHOTSMAN, NORMAN D /BETTY J 12220 SW GRANT AVE TIGARD Oli 97223 2S102BA- 015011 • . ..'.. i WETLANDS CONSERVANCY INC PO BOX 236 TbALATIN OR 97062; 2S1o2BA -0a 503 . a i i .. JOERG, W1tLXAM P, ET AL MOLONEY, GREGORY R AND SHARROIN 6021,8N 48TH AVE PORTLAND OR 9 7 2 21 2S102BA- 01701 44. ,i • ii • * • • •. i. i r'.... TIGARD, CITY OE" • • 'd fir. ...i.,....:�d ..,......... ...ii.. 2S102BA-0036. • • r • • . • 0•0000000 00 GRAY, R A ET AL R. A GRAY CO P 0 BOX 23516 TIGARD OR 97223 2S102BA -00400 ..... HILL, JESSIE MARY 9780 SW TIGARD ST TIGARD OR 97223 2S102BA- 00600' .......... N....... MULL, GREGORY S AND MULL, GEORGE E 2445 SW TIMBERLINE DR PORTLAND OR 97225 2S102BA- -00800 . • SEE -7ER PROPERTIES RT 1 BOX 82 A• -14 NEWBERG OR :97132 2S102BA�- 00901, ......••....•.•,.....• ENGEL`, GEORGE L ALLRED, ' DOUGLAS R 9380 'SW TIGARD AVE TIGARD OR 97223 25102BA -01190 Z .. ELR.INS, ALVIN 454 DIRCHWOOD LANE HILLSBORO OR 97123 2S1020A- -01502 ...i.r......i.•.y.r EDWARDS, THOMAS H AND MOLLY A 12330 SW GRANT AVE T IGARD OR 97223 i • i . 'D . .- . 25102BA —. 0.1601 : ♦ . .. i . i.. . . i . • r . • . A ....r PORTLAND GENERAL ELECTRIC COMPANY 121 SW SALMON' ST PORTLAND OR 97204 28102BA- 01800 a *in i.or* ri•ii.••.•r.o POOLE, ANNE M AND NK, XCARIN 9865 SW JOHNSON TIGARD 00000 2S1C2BA- 01900 ..a....i.....' WAGNER, EDWARD AND MARIE G 9885 SW JOHNSON 6T TIGARD OR 01223 OR 91225 1028A...02102 .j 2.1.02.. ia.'ii'.04a84,46.4 ENGrH, KENNETH A /SHELLEY L 9956 JW JOHNSON STREL T TIGARD OR 97223 2S102BA -. 02103 •••rroo••i•••• , .♦' WICKS, RONALD G AGNES E 9965 SW - JOHNSON TIGARD (3R 97223 2S102EA— O22G,,�F •••r••a• JANSEN, KENNETH C KAREN 9975 SW JOHNSON TIGARLD C)E 204ac WASHINGTON COUNTY OREGON' SCALE I =100 CANCELLED TAX. LOTS T00. 2400, - t/ % 304 "IY , -246 Ac g3Ac 1000 2:34 Ac _ 2300. �c T20 a= rs T `4 E'rr 2000 JQSE r3S 1.96 Ar rISOL- 1400= 3.73Ac 04 Ac SEE MAP' 2 S 12AB FOR ASSESSMENT PURPOSES ONLY. DO NOT RELY ON FOR ANY "OTHER USE. I F. TO: L "(`; REQUEST FOR BITS DATE: July _ 18 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT V W SDR 90 -0011 VARIANCE VAR 90 -0016 SUE SNYDER (NPO #2) A request for Site Development Review approval to 1) convert an existing single family ` residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3), allow placement of a manufactured home on the site for a' caretaker's residence associated with the various industrial uses on the property. In addition to the existing single family residence,' a 2,800 square foot building used for a wholesale tropical fish' business exists on the 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers ' residence.; 2) allow a two -way driveway less than 24 feet in width; and 3) allow a portion of the - site to remain gravel. ZONE: I- ) P g P Industrial Park) LOCATION: 9740 SW Tigard Street (WCTM 251 2BA, tax lot 01) 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, we need your comments by July 3a,, 1940. You may use the Space provided below o° attach a separate letter to return your comments. If you , able are un t reand by ths o e 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 Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Viola R. Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written CoMments i Hare o f Person Commenting Phone Number r hkm/SDk9u-li EKM A 1 NO ICATION LIST FOR ALL APPLICATIc CPO NO. NPO NO. (2 copies) . CITY DEPT* TMENTS V Building Inspector/Brad R. ty Recorder Engineering /Gary A SPECIAL DISTRICTS Fire District (pick, -up box bldg.) Tigard Water District 8777 SW Burnham St. Tigard. oR 97223 Metzger Water Distr. ct 6501 SW Taylors w' rry' Rd. Tigard, OR 97223 AFFECTED `JURISDICTIONS Wash- Co. Land Use & Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann 'Rice, Scott King Fred Eberle Mike Borreson Jim Hendry City of Beaverton PO Box 4755 Beaverton, OR 97076 State Highway Division Lee Gunderson PO Box 565 Beaverton, OR 97075 l• i • i r e l. e i 1. M w•• e•••• ••.e o i i w i• w. s r Y SPECIAL AGENCIES: General Telephone Mike Lutt 12460,8W Main St. Be Verton OR 97007' NW Natural Gas Ronald D. 'Poivi, PE, PLS 220 NW Second Ave. Portland, OR 97209 TCx Cablevision of Oregon 3500 SW Bond Portland; OR 97201 Parks & Recreation Board Po ice /.'Other t \ • School Dist. No. 48 (Beavr) Joy Pahl. PO Box 200 Beaverton, OR 97075 School District 23J (Tig) r 13137 SW Pacific Hwy. Tigard, OR 97223 Boundary Commisriion 320 SW Stark; Room 530 Hillsboro, OR 97124 METRO 2000 1st Ave. Portland, OR 97201-5398 DLCD (CPA's only)`, 1175'Court St. NE Salem, OR 972110 -0590 Other _ ' :lort1and General Electric Brian Moore 14655 SW: Old "Scholia Beaverton, OR 97007, f,.✓ Metro Area Communications Harlan Cook Twin Oak Technology Center 1815 NW 169th Place S -5020 Beaverton, OR 97006-4886 Ferry US West Pete Nelson 421 SW Oak Ste Portland, OR 97204 ,r Inc,, Mike , Ha1lock 0 STATE AGENCIES Aeronautic Div. (ODOT) Engineer Board of Health Fish & Wildlife Paarka & Recrea. Div. Subdivision Supervisor Dept. of Energy Dept. of Environ. _Qt lity DOGAMI Division of State Lands Commerce Dept -M H Park LCDC PUC Fire Marshall Other FEDERAL. AGENCIES Corps of Engineers Other Post Office OTHER Southern Pacific Transportation Company Duane M. Forney, PLS Project Engineer 800 NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 1`c Z � . wpr. Y l, "' rl�� " F,; a C `k J'� w „C yti tro 11' < , .+4 ! nt # , .a r . 'u�f''��,It6. � w° �� N. �r, �'� 0 � �rl � I�w, �" ...:. '. .. +1 6 `� A .hf p.. w r )...J.,..: $ 1 m r wF A ti as1 "+ if ✓ " gel ':F ('�'k9 i( 1i 71r11 ..:)., � �i °a f ' 7 41 '., rl r 'lb t,. . P I 'Y 4 r 4,11..:3 ... . ; °w s .Ia IWtA``IIDUl4 ) � •�'`�%1 .J+ f,a�N�t� L �a'w" ��i'LW�1 �rw 'r NT F JA�I �. I•n�~ } IAM.IH.�AM5r1rwMNk+' ANN ".�.a+laM'/AI%°.u.�tM+.M.�A eaNA.IA+�"^ }� • - .. H S.Irf N.11 `f ,y 11l;;' t i... RE :t.,: »;.,1 1 r i{ .c., „ a 4 N (:I•1 1..1 L .. tt0` tFt'' 01E1 .c4v1f3UNT )Ytit P . 0 • T1RD /, Hall Blvd, ix 23397 ►gon 97223 TARD 3,W» Hall Blvd, Box 23397 'egon 97223 elm et 1990 D V LOP MEM RECEIVED y; 4t$ 190 , LI4trr S,W Hall Blvd„ Box 23397 Oregon 97223 o, t P M r' t amino ELKINS 11,102114 ALVIN a .o a .a ■ ■ a -.a u ■ a∎ ■ ■ s o4 a ELKIS ALAIIJlN a. 454 BIR HWOOD LANE e�r9 R LLSBORO OR 97123 43-2K. d -ar c Vt/Pre-- ale).-081 wYO+tMlr4oK» ,2,8a Ft fiTtio 41$04y waµ 2SIO2f._0O400 • ., Ham'., gressxn HAM( 9780 SW TIGAR© ST Tt LRD a• N a a. O ! 4 nr -644 o-eee .. k'�c' / 004 2S102BA -01190 .. ... ..... • • ...o • ... . ELllINS, ALVIN 454 BIRCHWOOD LANE HIL SBl7R{ OR 97123 « • .r9AA AF(!1 IIr�1 r 6.41 I W Hall Blvd, lox 23397 regon 97223 JOHN CAPACI 11560 SW 90TH AVE TIGARD, OR 97223:, $ ft 35Ac 49E1_9 N 89 °59'W 100 223.`8 303 dbze0.0 41) ,fr..6 00 .694c. ! 60 0 /.07 4c. P tA, �, r {CS. �,. No_lE701) .35AG \42 qcutp. V-- ej 4, S o 8 MS �S$ @- 11.0 0 s` ,e 0- .64 Ac. 86�� 43Ac. ''-ca r �9 it -61 g� 1190 O Q 8 1501 2 4 •,ate t.. o 1503 04. 4c. 1601 f; 044c. .284c. ,AA ,'�a, 0 Geo. H. Wilcox, County Assessor L. C. Walker, Cou .ty rurveycr By o A. Morrill, Uev vty Co. Surveyor /SA • to y7bc7 " ? / $.' P ‘ e(///- -?.-P7w ''.2. 0 --?7,-.4,7 in-lkw or/ -70 rex V ell 447-ek ) 024447 77'?3( °'.F1 `1?' W. --77,1 671,/ (3 r, 6 - 6 , ,'; Pz,-.-A2 2 c1,-)2 )77Y-7 6 ,S `-"" s Vtv _.,?%-Ac '-'- Cf ' 01-19' 0,-1?"/,,Z6Fer7 p(27 'a r.) 0 :oic"9-I April 10, 1995 Sue Snyder 9740 SW Tigard Street Tigard, OR 97223 Dear Sue, CITY of TIGARc) OREGON � This letter is in response to your March 23 request to add a 30' X 72' pole barn to use as a shade house for a landscape plan bu55iness at 9740 5W Tigard Street. This property is zoned. I--P (Industrial Park) The present use of the site is listed as a permitted use for this zoning district. The Community Development Code Site Development Review Section states criteria, equested modification meets any of the major. modification that this request shall be reviewed as a new Site Development Review application. This request does not meet any of the 11 approval criteria for qualification as a major modification as listed in Section 18.120.070(B). This is specified as follorS 1) Dwelling unit density will not be affected since this is a commercial use. 2) A change in dwelling unit type will not be affected since this is a commercial use; 3) This change will not increase the need for additional on -site parking since no additional employees will be added. 4) The request will not result in a change « in the type of commercial or industrial structures; 5) There will not be an, increase in any building height: will not result in a change type band 6) The request e in the t P a y and parking areas Where off -site location of aCc�ess�ni`a s traffic Would be affected; 7) The rnodification will not produce an increase in vehicular traffic to or from the site of more than 20 vehicles per day; 8) The recluested building is for approximately 2 160 s gtare feet 13'125 SW Hail 'Blvd,, Tigard, OR 97223 (503) 639 -4171 MD (503) 684 -2772 u A t. f and is therefore excluded because it is less than 5,000 square feet; 9) The request will not cause a reduction of more than 10 percent of the area reserved for common open space and \or usable open space; 10) This request will not cause the elimination of, project amenities by more than 10 percent; 11) The request will not modify conditions of approval imposed at the time of site development re view approval. Therefore, this request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will promote the general welfare of the city and will not be significantly detrimental nor injurious to surrounding properties provided that relop merit which occurs after this decision complies with applicable local state and federal laws. This request has been approved subject to the following conditions 1. A building permit shall be obtained from the Bus.l ding Department ., 2'. A revised plan shall be submitted which shows the se tback from the 100 year flooplain boundary. The proposed building must be shown to be out of the floodplain before a building permit can be issued. The submitted plan does not match the dimensions submitted with an errlier Site Development Review (SDR 90 -0011) This condition shall be satisfied prior to issuance of Building Permits • The applicant shall pave the driveway and all areas used by vehicles in conjuction with this proposed structure in accordance with section 18.106.050(U) This condition shall be satisfied prior to final inspection. In addition, it is requested that the applicant execute and record the Floodplain Easement Agreement previously conditioned in SDR 9 f) 0011 If you need additional information, please feel free to call me. Sincerely, T lliam D' Andrea Assistant Planner °° to made solely for the purpose of assisting in locating said premises arid the Company assumes ,1ariat ns, if any, in dimensions and location ascertained by ,actual zu y. Pioneer National Title Insurance Company A I{COR COMPANY �'LL'�.w; SLR.: y DRINKWATER ENGINEERING, 'INC. 9205 S.W. BUI NHAM ST, TIGARD, OREGON 97223 (503) 5391155 March 21, 1985 Mr. Jerry Barnett Detasafe 9738 S.W. Tigard Street Tigard, OR 97223 Subject: Floor Elevation of Building at 9738 S.W. Tigard Street Dear Mr . Barnett: As per your instructions of March 19th, we have established an elevation on the concrete slab floor of the new building at the above address. This was accomplished by recovering a City of Tigard record monument which is a brass disc located in a monument box in the center of Tiedeman Avenue and 'Tigard Street. The record elevation of this monument as reported by the City of Tigard is 164.98 feet.` The lowest point of the concrete floor slab as measured on Marsh 20, 1985 was found to be at, an elevation of 158.23 feet. This elevation when compaired with the record elevation of the 100 -year flood plain as received from Randy Clarno, Surveyor, City or Tigard for Fenno Creek adjacent to the subject property which is 154-00 feet paces the concrete floor slab at an elevation of 4.23 feet higher than the Predicted 100 -year flood plain, 5:41/015 '-d o t /bra - 4 f/t n .- /04150 5;4 ,&,1 • tr Sincerely, REGISTERED E1 PROFESSIONAL LAND SURVEYOR 11. r,;, OREGON FEBRUARY 4, 1 M, DAVID VILES 2029 .e 150.5 FILL A R E d (MH)o NW COR. LOT 59 I/ 2 +! LP. _:IELD I"' /'::1 " it offer} �-` ` ,6 _---_„..—_______------t,, .to F" j ,i- ? i t as „r 20''.4 3 cT� , ,,J;i-°' S "QAX FOUND P K. w /WASTER MKD. 1119771. 1.22` SE 5 ti! urnn Ccurty R E C E I V i% HILLSBC. RO, OREGON INDIVIDUAL GENERAL PARTNERSHIP CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Street_ Improvements. The undersigned owners (including purchasers) of the real property described below do- hereby record their consent to the formation of a local improvement': district by the City of Tigard for the purposes of improving the public. str.ret' stre'ats upon which the described property Or r y abuts. The undersigned expressly waive all'• present and future rights to oppose or remonstrate against the formation of a local izn rovement district for the improvement 'of the abutting street or streets, reserving only the right to contest the inolcision of particular cost items in the improvement district proceeding and any right they may have under the laws of the 'State of Oregon to contest the proposed assessment formula. The real 'property that ,is the subject of this consent covenant is described as follows: SEE ATTACHED EX$IBIT' "A" IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and seal(s) this .7.).3 day ofd-,,��--- STATE OF OREGON ) ss+ County of Washington (SEAL) (''SEAL) if ) ( SEAL) BE IT REMEMBERED, that on this atJ day of 1'�1 19 before meo the undersigned Notary Public in an for the ateof Oregon, personally appeared the within -named (are) �o individual(9 dei cribed and' who is are known to me to be the who executed the within instrument and acknowledged to me that he (she) (they) executed tei same freely and voluntarily. �lvaja/ Y Ag4:11, -, SIMONY WHEREOF, Vii. have ,hereunto' set my hand and seal this day 19. .'• Notary P blic for iregorY, (NOTARIAL SEAL), My Commi sion Expires:�� 1.��.H r. YsA< w�Li � x. NiK.upbb Approved as .to form this day of By city Attorney - City of Tigard 19 Approved as to legal description this day of Approved this day (0206S) EDIP':( di( \vit')a; Pd MAY 231990 PLANN,N L EPT, By 19. City Engineer City of Tigard 19 CITY COUNCILy CITY OF TIGARD OREdIN BY! City Recorder City of Tigard vl 1 for vesting and encumbrances, if the Beginning at the Northwest corner of ` Lot 60, NORTY, TIG.ARDVILLE AMMENDED PLAT; thence South 64° 49' East along the�North- ADDITION, AMMENDED ouch 64 49 North- erly said lot, 105.0 feet; thence South 15° 28' West, 40.6 erl line of saa. feet to the Southerly line of :County Road # 767 and true point of beginning; thence South 15° 28' West, 345.6 feet; thence North 64° West, 90.2 feet; thence, .South 15° 28' West, 104.8 feet to the Southwest corner of the Palmer I. Olson Tract in Lot 21, NORTH TIGAPDVIL,E ADDITION,. AMENDED PLAT, as described in deed recorded October 24, 1957, in Book 399, page 204; Deed Records; thence South 76'0' 43' East, 90.5 feet to a point on the Southerly line of said Lot 21; thence. Easterly ,long file Southerly line of said Lot 21 to ; the Southwest corne '" �- g';; thence following the r.�. Southerly Brie of Lot b, 4 . old channel of Fanno Creek, a Southerly Easterly and Norte; ,-iy direction, to the Southeast corner of said Lot 60; thence North 16° 00' East along the Easterly line of said Lot 60, 100 feet, more or less, to a point , that is South 16° 00' West, 240 feet from the Southerly' line Of County Road No. 767; thence North 64° 49' West, 140 feet to the most Westerly corner of tract described in deed to Gilbert G. Anderson, recorded ^June 18, 1953, in Book 346, of Deed Records, page 85; thence North 20° 48' East, 237.6 feet to the most Northerly corner of said Anderson Tract and the Southerly line of County Road No. 767; thence North 64° 49' West along the Southerly' , ° t� g y point beginning. --- line of said County Road 113.4 feet to the true aunt o� h ' IV4Y 2 3 1990 1Y lUAND PLAN NINO J " � 4.11, -oi - t,1 c r. hgottiM of the Board of county Commissiox ers o,� O'DON&N' LL, RAMIS, CR1W & CdivAIGAN ATIOENEYS AT LAW HALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX: (503) 243 =2944 DATE: July 9, 1991 TO: Vi Goodwin, Assistant Planner FROM: Michael 'C A Robinson, City Attorney ' s Office RE: Sue and Darold Snyder Floodway Easement Agreement Enclosed are two originals of the Easement Agreement for execution. One copy is for the Snyders and the other is for the City to The changes which we discussed today have been made. Please note that the agreement refers tO an Exhibit A.. This exhibit should be prepared by the City and attached to the agreement i g prior to its execution. MCR:bjd nicr \Tigard\Goodt*in.Me2 Gt PUBLIC PEDESTRIAN AND BICYCLE THIS AGREEMENT, PATH EASEMENT made and entered into this day of , 1991, by and between SUE SNYDER and DAROLD SNYDER, individuals ( "Grantor ") and THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, a municipal corporation ("Grantee") $1ITNE5 SETH WHEREAS, Grantor is the record owner of that certain real . property in the City of Tigard, Washington County, State of Oregon, more incorporated lly described in Exhibit "A", attached hereto and herein by reference, WHEREAS, Grantor requested and Grantee approved an application for Site Development Review (SCR 90 -0011; Final Order No. 91- -02PC) • pp (condition . M of a ro�ral Conditgo and said. Final ©rder contains a condition No. 2) requiring Grantor to dedicate an, easement for a public pedestrian and bicycle path through the floodway area of the p rasetyt PT The easement is described in Exhibit "B" (hereinafter semece pe t e ry") , attached hereto and incorporated herein by rEa r NOW, THEREFORE, the parties hereby agree as follows: 1. GRANT OF PEDESTRIAN AN..,._DCYCLE PATH EASEMENT. The Grantor hereby grants and conveys in perpetuity an easement, twenty (2 0) feet in width, described in Exhibit "B", for the purpose of constructing, establishing and maintaining a public (10) n a Pedestrian rian and bicycle path, ten 10) feet in width within the Easement Property, on, over, across and along the real property described " " . p s y p etrians and bicyclists only and no motorized vehicles sh ll be allowed exce t fog, , such of Grantee's mot repair ary p �� e ' tori�ecl vehicles as are Herres tea co nstruct establish, maintain or repair the path. The Grantee may construct the path of such materials as it deems necessary, includin g but not limi ted to gravel, barchips, d cement or asphalt. . The Grantee may also install directional and interpretive g g and landscaping associated with the path in the Easement Property. Further :development by the Grantor may additional dedication requirements, result in GRANTOR'S .. RIGHT : TO CONVEY AND EXCEPTIONS.' g- ssxon for chefs .the right to convey this easementnand wu et p ss that Gr ntc�r has to be made of the Eagtittdrit p y y Grantee as set forth„ in this Agreement, subject 'to alJl Prior easements on encumbrances of record. P TBLIC PED STR AM AND EIGYOLE PAT i EASEMENT: • GRANTEE'S 2LczclillsiRlguTg. Grantee, its agents, employees,, independent contractors and all other members of the public shall have the right to enter upon the p public pedestrian and, bicycle path within the Easement' Property for the y purposes set forth in paragraph 2 of this Agreement. 4 .AINTEN CE . Grantee shall maintain and care for the public pedestrian and bicycle path at no cost to Grantor and shall have the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the Easement Property. Grantor shall not be allowed to build any improvements or plant any vegetation on ` the Easement Property which would obstruct or otherwise interfere with Grantee's use of the Easement Property for the purposes stated herein. INDEMNIFICATION. Grantee agrees to indemnify, hold harmless and defend Grantor from an y loss , claim or liability t o Grantor arising in any agents, sin y manner out of the use of the Easement Property b Grantee, its employees, independent , nd any other parties. Grantee ' assumes salln ri. � �arZSnr n� out °xs a e Easement Pro art and Grantor shall of Granges use of the g l have no liability to Grantee p y art by or through Grantee. or others using the Easement Paro� y e TERM. e This Easement is perpetual but may be modified or y .. y terminated at are time when Grantor and, Grantee execute a - irittez�p re cox daa le docume�it to modify or terminate this Easement. 7. NOTICE. Notice under this Agreement shall be in writing and shall be effective when actually delivered. If mailed, notice shall be deemed effective 48 hours after mailing as . . ; . ,, regis e..:. re d .,. or certified postage prepaid, directed to the h er p arty at the address forth below o such other address as the Party mall' indicate by written notice to the other. GRANTOR: Sue and Darold Snyder 9740 S.W. Tigard "St Tigard, OR 97223 GRANTEE: City of Tigard P.O, Box 23307 13125 S.W. Hall Blvd. Tigard, OR 97223 PUBLIC PEDESTRIAN AND BICYCLE PATH EASEMENT . LEGAL EFFECT AND ASSIGNMENT. This Agreement shall run with the land and be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors_ and assigns. Neither party shall assign any interest herein r under' without the prior written consent of the other party, w, °hich consent shall not be inreasonably withheld ▪ g2.0.2JUKUULL_SIMTIMIDILARP_ME. . DILIGENCE. The parties hereto covenant, warrant and represent to each other good faith, com p lete cooperation, due chicane a and honesty in fact in the performance of all obligations of the parties pursuant to this Agreement. All promises and covenants are mutual and dependent 10. A.TTORNE Y ' S FEES. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other art; such sums as the court p y. may adjudge reasonable as attorney's fees at trial and on appeal of such suit or action, in addition to all other sums provided by law. 11. AN3Pr : cAELE! LAW. This Agreement shall, laws of the State of Oregon. 12. ENTIRE AGRELNT in all respects, be governed by the This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions or incidental hereto, and supersedes all mentioned ns or �revious agreements between the parties or their negotiations �� agreements it predecessors in interest with respect to all , or ;' any part of the subject matter hereof. 13. PREPARATION OF : ALOJOEMENT. T his Agreement has been prep arp i Ny i Crew & Corrigan, ac �n . for the benef it and p rotect ion ef Granat►ei es . O'Donnell, Rallis, Cre w & Corri g an enco urage the Grantor to have this Agreement and all natters related thereto reviewed by Grant or's own and independent legal counsel, 14. RECORDING The full �y` executed original of this Agreement shall: be duly recorded ashingtof County. in the Deed Records of W Ll C PEDE5 Ti2 AN A14,1) PATH EAsENENT IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the day and year first above -- written GRANTOR: GRANTEE: SUE SNYDER and DAROLD SNYDER CITY or TIGARD, OREGON, municipal corporation By: Sue Snyder B Darold Snyder S`., \TE OF OREGON ss County of Washington ) The foregoing instrument. was acknowledged before 'me this day of , 1991, by 1; folr the . . n City Tigard, Washington County, Oregon, a nicipa] corporation. By: Title: Community Development Director STATE, OF OREGON County of Washington sso, NOTARY PUBLIC FOR OREGON Ply Commission Expires:_ The foregoing in stril lent as ac `nowledged before me this day of 0 1991, by SUE SNYDER and DAROLD NOTARY PUBLIC FOR OREGON My Comndssion Expire :, P�J I ESTRI AND 'BICYCLE PATH AS'EI► EHT i,... Mn.iH.u- di..wn.w —✓t..l = .�.n�- .....r... <�... .��....w... EASEMENT APPROVED AS To FORM. LEGAL DESCRIPTION APPROVED BY: City Engineer AFTER '' RECORDING RETURN - RETW1��'i .L0e Michael C. Rohillon, Esq . ©' Donnel D Rami3, Crew IBC Corrigan 1727 NW }Toys Street Portland, Dtegon 9109 mcvnGAarnpENtElisittld PUBLIC PEDESTRIAN AND BICYCLE P EA8EMrNT', r' :l. April 10`, 199 Sue Snyder 9740 :SW Tigard Street Tigard, OR 97223 CI OF TG OREGON Dear Sue, This 'letter is in response to your March 23 request to add a 30' X 72' pole barn ` to use as a shade house I for a landscape plant business at 9740 SW Tigard Street. This property is zoned I -'P (Industrial ''Park) . The present , use of the site! is listed as a' per this zoning district. site .muted use for T he Community Development Code Site Review Section o meets any of the major staters that if the . requested mod.:" �f ` y� ' natin modification criteria, that this 'request shall be reviewed as a new' Site Development Review application., ,This 11 a criteria This request does not meet any of the pproval criteria for qualification as a major modification as listed in Section 18.120.'070(B) . This is specified as follows:' 1) Dwelling unit density will not be affected, since this is a commercial use; 2 )' A change in dwelling unit type will not be affected since this is 'a commercial use; 3) This change will not ±.ncrease the need for additional on -site parking since no additional employees will be added. 4) The request will not result in a change in the ,type o commercial or' industrial structures; 5) There will not be an increase in any building height ; 6) The request will not result in a change in the type and location of accessways, and parking areas where off --site traffic would' be affected; The mod.Ltication will not' produce an increase in vehicular traf f is to or from the site of more than 20 vehicles per day; The requested building is for a roximatel ,160 square .. feet 13125 5W Hall ` Blvd) Tigard, OR 97223 (503) 639 -4111 TDD (503) 684 -2772 ;it) '4 and, is therefore excluded because it is less than 5,000 Square° feet; The request will not cause a reduction of more than 10 percent of the area reserved for common open space and \or usable open space; 10) This request will not cause the elimination of project amenities by more than 10 percent; 11) The request will not modify conditions of approval imposed at the time of site development review approval. Therefore, this request is determined to be a minor 'modification to existing The Director's designee has determined that the an ..x�stn site. proposed minor modification of this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. This request has been approved subject to the following conditions 1. A building permit shall be obtained from the Building Department. 2. Arevised plan shall be submitted ed when shows the setback . from the 100 year flooplain boundary. The Proposed � P p building must be shown , to be out of the floodplain before a building permit can be io5ued. The submitted plan does not match the dimensions submitted with an earlier Site Development Review (SDR 90- 0011) This condition shall be ''satisfied prior to issuance of Building Permits. 3 . The applicant shall pave the driveway and a11 areas to be used by vehicles in conjuction with this Proposed structure in accordance with section 18.106 .050 (J) . This condition shall be satisfied prior to final inspection: In' addition, it is requester" that the applicant execute and record the Vloodplain Easement Agreement previously conditioned in SDR 90- 0011.' If you need additional information, please feel free to call tne.`` Sincerely, Tllia D' Andrea D Andrea Asistant' Planner 4• rs made solely for the purpose of assisting in locating said premises and the Company assumes • variations, if any, in dimensions and location ascertained by actual survey. Pioneer National Title insurance Company A TICOR COMPANY mo ALL-ILA _- -- Sneer OxiSr ;MA '1 zi S s Aii talS, ottotesdLi MEMORANDUM CITY OF TIGARD, OREGON" „n N.r'.h.bAwu�.4 TO Maggie Daly, City Attorney's office FROM: Vi Goodwin, Assistant Planner DATE: May 16, 1991 RE: Sue Snyder Floodway Basement Agreement Yesterday a gent you a copy of the decision for site development review SDR.90- 0011 for applicant /owner Sue Snyder. The condition for which we are seeking an, easement agreement is condition #2 on page 9 beginning with "In the alternative.. The purpose of the agreement is to provide' an alternative to dedication of the floodway. for Ms. Snyder so that she can continue to use the rear portion of her property until such time as it is further developed. If you have any questions please call me at 639-4171. ` Also, . ,eith Liden has a very good understanding of the circumstances 228-7352. - a. hed at McKeew: ar/Morris , surrounding this conda�ton. He can be rase 45 C o i rn e 1107 41444. TIGARD PLANNING COMMISSION REGULAR MEETING - JANUARY 8, 1991 vice President 'Pyre called the meeting to order at 7 :30 PM. The meeting was held at. Tigard Civic Center TOWN HALL 13125 SW Hall Boulevard, Tigard, Oregon. . ROLL CALL: Present: Vice President'Fyre; Commissioners Barber, Boone, Castile, Fessler, and Moore. Absent: Commissioners Moen, Peterson, and Saporta. Staff: Senior Planner Keith Liden; Development Review Engineer Chris Davies; Planning Commission Secretary Ellen Fox. 3. APPROVAL OF MINUTES Commissioner Boone moved and Commissioner Fessler seconded to approve the minutes as written. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMUNICATION o Senior Planner Keith th Liden den summarized a letter received f rom Dennis Morl an pertaining to the Planning Commission Meeting of January 30, 1990, in which sewage disposal and rain water issues were discussed i n connection with 'MLP ,90- 0023 /MLP 90-- 0024 Reed. 5. PUBLIC HEARINGS 5.1 SITE DEVELOPMENT REVIEW. SDR 90 -0011 VARIANCE VAR 90 -0016 SUE SNYDER (NPO #2) An appeal of an Administrtive Decision for Site Development review (approval to 1) convert and enlarge an' exist' ng singl a fm ly residence for use in the manufacture and retail Sala of woolen goods; 2) construct a 1,000 square foot storage shed. for various businesses conducted by the owners of the site; and 3) ,al l ow placement of a manufactured home on the site for a caretaker's residence associated win the va.ri ous industrial uses on the property. Ire addition to the g.. single, farm lyr residence, aR 2,800 square.: foot au bg 'existing r ildin used fr�r a wholesale tropical fish business exists on the 2:43 acre site.'' Applicant also so requests Variance approval to l) al l ow the relocation ` of a caretakers' residence; 2) allow a two -way driveway less than 24 feet w. :.. � n Wi d1Gh; and 3) allow a portion of the driveway' and parks ng area to remain gravel ZONE trial N: 9 X40 SW Tigard, Street (WCTM , 2S1 2BA, tax l otd Park LOCATiO 501) PLANNING, COMMISSION MINUTES - ' JANI�ARY ,$, l 991 PAGE zr • Senior Planner Keith Liden stated the meeting packet contained copies of the Director's Decision, applicant's appeal, and revised site plan. He summarized the applicant's objections, which were: 1) dedication of a floodway along Farina Creek; 2) Paving all of the site containing parking or driveways for commercial use; 3) providing half - street improvements along Tigard Street, but indicated preference to sign remonstrance agreement in lieu of half- street improvements.' He reviewed staff's comments and discussed the possibility of an open space easement being dedicated as an alternative to deed dedication of the fioodway, with the City retaining the right to construct a pathway in the area at some later time. He referred to the, site plan i n the meeting packets to compare the area the applicant proposes to pave and the larger proposed paved area recommended by staff. Senior Planner summarized saying that staff recommended upholding the Director's Decision with the modification allowing for the 700 square foot addition to the proposed office building and the possibility of using an open space - easement for the flood plane %Area. APPLICA 'S PRESENTATION o Sue Ann Snyder handed out copies ies of a letter dated September 26, 1990 from her attorney William T. Rhodes Viola Goodwin, Development Review Planner (see exhibit A). ' She also provided copies of several newspaper articles dealing with land use issues. She discussed the gravel areas and the area proposed to be paved, stating she preferred to do as little paving as possible, as much of the property is planned to remain undeveloped for me time . In discussing tr n e half-street improvements, s, she favored partici ation in a local improvemen t distri ct as the 1 986 SDR 21 -86 agreement provided. She said tha t regarding the floodway issue, she open space easement would mean. was uncertain what an Senior Planner explained the term and gave some examples of , what rights the City an would have in this case. Commissioners ' d property owner discussed what types of activities were allowed, with Commissioner Eyre expressing n g concern about pos .se bl a problems With using open -ended language. Ms. Snyder said she did not want` the liability risks involved . with an easement and preferred to dedicate a 10 foot strip to the City. PUBLIC HEARING CLOSED o Commissioner Moore discussed the Development Code requirements for half'-street improvements and favored adhering to code. He agreed with staff recornmendati on$ with regard to paving he property. o' Commissioner Boone concurred with Commi ssi .her Moore 's comments. m Commissioner Fessler agreed with staff for the most part, commenting that the amount of area required to be paved depended on whether commercial traffic would be using it or not. PLANNING C3MMISSI C1 MINUTES - 'JANUARY '8, 1991 PAGE 2 n a l MEMORANDUM TO: Planning Commis s ion FROM: Keith Liden, Senior Planner RE Site Development Review SDR 90-0011 DATE: "December 31, 1990 { Z.GENDA _ ITEM 5 .'1 The Planning Division approved the above application subject to conditions (Exhibit A) The applicant has appealed this decision for the reasons, noted in the attached appeal ' form (Exhibit Es) The Planning Commission was scheduled to review the appeal, on October 2, 1990, but this was postponed at the .reques the applicant and 8, 1991, Durin that timme r p p of �.r � ' the staff and ua g � rescheduled for '�'an ry , the applicant have met several times to clarify which aspects of pp pp ice to the Director's o .rector s condition of approval the a 1.cant would 1 appeal. gyp, the application and the issues to be The a '�icant has amended appealed in the following manner: 1. In addition to the manufactured home 1,000 square foot accessory' building, and conversion of the existing r e sidence into an offer+ the proposed office will be expanded with a 24 by 29 foot (696 Sq. ft.) addition (Revised site plan and _narrative, Exhibit C) . The applicant objects to the dedication of the 100 year f loodway (condition 2, ) , however, the applicant is walling to consider alternative arrangements such the dedication of an easement ,to the City. 3 . The applicant is willing to comply with Condition 0 with the exception that the end phe^ back area y ]�6 0 west of Tigard Street. _.. driveway ea and the Proposed rnanufactured horns is intended to be gravel (Exhibit C) 4 . A none - remonstrance agreement to participate in a future local ` improvement district is proposed in lieu of providing street .improvements as noted in Conditions 11, 12, and 13 5. All other conditions of approval are acceptable. p w findings Presented In addition to the information and � in the . 44 4F....4 t ,,..:. ai..l..: . iwil.. iv4s�Z- F»«. ::'.+r. ».�.�.�.�.,:+...N.'�'+�� decision, ° the staff would like to make several comments relating to the above. items: 1. The 696 square foot addition to the proposed office building meets all applicable Community Development Code criteria. The proposed site plan will need to be amended to contain 18 parking spaces to meet Code standards. 2. The dedication of the 100 year floodway was a condition of approval for the previous Site Development Review (DR 21-86) approval that was granted by the City Council. The site was improved in accordance with this approval, but the f loodway was , never dedicated. Since this condition.' should have been fulfilled, it should be completed now before any further development occurs on the property. As an alternative to the dedication of property, the staff recommends the dedication of an open space easement would assure floodway would remain in open re that the � � . which agricultural, The s ace or similar use. easement language should be drafted so that the City will have the right p y L the ri ht ' to construct a pedestrian/bicycle path within t f loodway area. Sections 18.106.050 1. end 18.108.080 of the Community Development Code require that all commercial or industrial driveways and parking areas be paved. Also, p development review application (SDR 21-' 86) the anus p pp City Council approved gravel surfacing with the the rev understanding that paving should be provided in conjunction with future expansion. The staff continues to recommend the provision of paving for all driveway and parking areas with the exception of _ the portion of the driveway which only serves the proposed manufactured home. Half - street improvements were required as a result of the staff's .interpretation of Section 18.164.030 :. g_ Code. as taped in the Engineering Community:..Development Department comments on pages 2 and 3 of the decision (Exhibit A). SDR9011 /C�xl 1 ,�_.0 ....H.:. „.,.. .e ...,.. _ .... .. ......... . ......,ti al... ....1 .......�_.,...., -,— .i.,,, ... a w��.� .......�.«�_. , .ti's«.- +,...,..,,....,, ._. ,ro�,........,.1 .� -. ,... M.,. +�-- .�..�...kw�.,.,.. CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 90-0011/VARIANCE VAR ` 90- 0016 SUE AND DAROLD SNYDER - OWNER/APPLICANTS APPLICATION: A request for site development review to 1) convert an existing single - family dwelling currently being used as a caretaker's residence into a commercial ease, 2) construct a 1,000 square foot storage shed, and 3) allow placement of a manufactured home on the site to replace the existing caretaker's residence. Also requested is a variance to allow 1) a portion of the site to remain unpaved, 2) the location of a caretaker's residence on the southern portion of the site, and 3) an approximately 20 foot wide paved driveway where a 24 foot wide paved driveway is normally required. ZONE: I -P (Industrial Park) LOCATION: 9740, 9742, and 9744 SW Tigard Street (WCTM ,2S1 2BA tax lot 501) DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above described request SUBJECT TO CONDITIONS. The findings and conclusions on which the decision is based are noted below- FINDING op FACT 1. Background This site was annexed into the City in August, 1971 (Boundary' Comm' ) In December, 1986 a Temporary Use Commission file no.. ,295 � ry a lication pp was approved allowing the operation of a Christmas bazaar on the property. Later in December, 1986 a site development review application, (SDR.. 21 -86) was conditionally approved by the Director allowing this operation of a mail order business from the single - family dwelling located at 9744 SW Tigard Street (please refer to Exhibit A). c. was appealed by the applicant 7 This Of pproval that required half- street improvements objected to conc��iton wmpOovements along Tigard Street„ paved driveways, and the dedication of greenway along' Fanno Creek. The City Council: ruled in favor of the applicant with respect to the half - street improvements. Council also allowed the applicant to defer . paving the driveway until further expansion of the "industrial commercial" nSe. Dedication of additional right --of -way and execution of a nonremonstrance. agreement were required in lieu of the am proVements. Council ruled in favor of staff's 'recoranendation for dedication of greenway along Fanno Creek in the 100 -year floodplain. The mail order business apparently was established, but these Conditions have not been satisfied Vicinity Information Properties to the east and Weet are also toned .1-P1- Tigard ' street and railroad tracks lie to the north. Parcels to ti`ie north of the railroad tracks' are zoned R -4.5 (Residential. 41 units/acre). NOTICE OF DECISION . SNYDE R - SDR 9 00011 %'At 90 �O116 P FGE 1 .!' ENV Fanno Creek rune along the southern property line and just south of the creek is another residential district zoned R-4.5. . Site Information and Proposal Description The 2-43 acre site contains a caretaker's rF;sidsnee (approximately 2,000 square feet in size) and a 2,800 square foot building currently being used as a wholesale tropical fish business. Two outbuildings, an old boat, an assortment of vehicles (the use of which is unclear) and other materials are located or being stored on the rear of the property. The applicants, propose to 1) convert the existins single- family residence, currently in use as a caretaker's residence and occupied by the applicants, into a commercial use; 2) place a manufactured home on the rear of the property to provide continued housing for the caretaker /applicants; and 3) construct a 1,000 square foot storage building- The applicants also request approval of a variance to allow 1) continued use and relocation of the into a manufactured home, proposed to be caretaker's residence located on the southern portion of the site; 2) the continued use of a two-way driveway that does not meet the width requirement along a portion of the driveway; - and 3) the portion of the site located behind the tropical fish business building to remain unpaved. Agency and NPO '' Comments The Engineering Division has the following comments: 1. The site abuts SW Tigard Street, a minor collector usually requiring a 60 foot right -of -way from the railroad right of way along the northern edge of the street right -of -way. . subsection 18164.030(A) of the Code requires that streets adjacent to developments be improved. Section 18.26.030 of the Code defines development as "a building...'' or making a material change in the use or, appearance... of land." Since the proposed application includes two buildings, paving for a driveway and parking iot, and' the change of use of an existing building, it is a development within the meaning of the Code. , The Director may accept a future improvement guarantee in lieu of street improvements if one or more of the exemptions in Paragraph c of Subsection 18.1624,030(A) of the Code are met. It appears that none of the requirements of the exemptions are met for the following reasons: (i) A partial improvement to Tigard Street id feasible since similar iiprovements have been ' installed along the parcel to the east as well as Several other parcels along SCE Tigard Street; NOTICE OF DEO1Sle3N - SI YDER - SDR 90 OOii/ R 90-0016 PAGE 2 4 (ii) ' A partial improvement would not create a` potential safety hazard; iii) Similar improvements to other nearby parcels have been and will be installed; :led; v� `ache improvement would not conflict with an adopted capital improvement plan; (v) The application is not for a residential land partition; and, (vi) No additional planning work is required to define the appropriate design standards. Consequently, half street improvements along the Tigard Street frontage should be required.' Storm drainage iis provided by ,d,charging to the Fanno Creek floodplain at the south of the site Sanitary sewer service is provided by an existing public sanitary sewer line on the site. The requested variance for the narrower driveway shouic be permitted since ' only about 30 feet of the driveway will not conform to the required code standards. The narrow driveway serves only eight parking spaces. 6. The variance to allow a gravel driveway should be approved to the extent that the paving is not required to access the eight southern most parking spaces. The remainder of the driveway serves o nl y `the caretakei s residence and is' temporary. 7. Although required by a previous application (SDR 21 -86) the floodway in the site has not been dedicated as greenwaY. The Building existing Caretaker's the Bui�din Aivision comments that the exi.s residence must comply With the applicable Building Code re ercial us' qu: ;cements for conversion to comas e. The ,' bui.lding must be inspected; by' both the Building Division and the Fire Marshall,t.o determine what the requirements will btu. 'he division also notes that the extent of parking lot and driveway 'paving required should .: be made clear to the apli.cants : pp Also; if the proposed manufactured home is to be converted to a commercial use in the future, it too will have to comply with applicable codes. Finally, the Building Division points out that the location of the 100 -year floodplain must be determined and stakes provided to insure no structure will be located within the 2loodplain, pp are requesting a variance to NPC� 2 : noted that the � a la.cante a g l codes and of could commercial points out that the additional building oN - SNYDER SDR 90-0011/VAR 90.0016 PAGE 3 E DF DECISION o. o-�r r.w.tl,i..:l.., —�++.. W+. �r. �Mwr. b...-. y. lu« �wh. f• AM1�n�-- +��- ti+.t�4.- .«...,:.1r.�..�.:1 be used as a business in the future. They also, note that the current application is similar .to the previous site development review application (SDR 21-86). The Fire Marshall comments .that, hydrants shall. be required within 250 feet of all portions of commercial buildings and within 500 feet of all all of residential buildings. Also, the driveway shall be required to-be 'in compliance with the Uniform Fire Code. Tigard Water District has no objections to the proposal, but points out tha t the applicants must provide two additional water meters to manufactured home and the existing 2800 square supply water to the foot building. PGE and Metropolitan Area Community Access have reviewed the proposal and have no,objections to it. No other comments have been received. . ANALiSIs AND CONCLUSION The applicants are required to apply for site development review approval because their proposal is considered to be a major modification. ..Common t rievel opment Code Section 18.120.070 rrovidea the criteria for determining whether a modification must be rev .wzd ty by staff. In this case, it was determined that the proposal must be ' on-site parking will be necessary to reviewed because additional on --sit accommodate the proposed modifications. The applicants will be req ►iced to satisfy the requirements of SDR 21 -86 prior to the ` issuance of a placement permit for the proposed manufactured home or a building Permit for the proposed storage building. SITE DEVELOPMENT REVIEW The applicable criteria in this case are Community Development Code Chapters 18.68o 18.100, 18.102, 18.106, 18.108, 16.114, and 18.144. Chapter 18.68 (I -P: Industrial Park District P Pa g y q, r� The ro sal, eitier�all satisfies the dimensional requirements ur 5ect�.o 18.68.050. The restden ce proposed to be converted to commercial Uee ' is het back more than p p y ' less than 3� feet from the front rc ert� line and is 45 feet in height. There are no side yard ` setback requireibenta. Two areau of concern warrant further discussion. The se are the 50 foot rear Yard requirement ial ' the existing setlaack re` irement a�td the commerc residential. building. use of p Po storage g fed to be located on the T building and �iani�fact.ured, home ro outhern portion of the lot would ncsrimally be required tb meet the re q se this ztion of the. the abut®' a e,a,. Bred 50 foot sEtbaok b�er.au ` � � ,it t, � the ou�.hern residential zone to the south. N we ro in this portion of t.:.. � pp egiuired he site abuts Fanno Creek The a ls.cants will, be r, NOTICE OF DECISION . SNYDER $DR 90 -0011 /VAR 90-- 0016 PAGE 4 • to dedicate to the public that portion of the site which is located in the 100 -year floodway. Consequently, the site will abut a floodplain located in an industrial zone rather than a residential zone. Therefore, the 50 foot rear yard setback does not apply. With respect to the commercial use of the existing residential building staff would like to be certain the applicants have a clear understanding of the commercial uses that will be permitted when the existing residence is converted to commercial Use. Section 18.58.030 lists the permitted commercial uses in the 1 -P zoning district. The use of the residential building for commercial purposes will be limited to those uses which will not require additional storage or parking area. such uses would' include animal sales and service, building maintenance services, business equipment sales and services, business support services, communication services, financial, insurance, and real estate services, 1 aundry- services, medical and dental services, professional and administrative cervices, and research services. Convenience sales and personal services, day care facilities, eating and drinking establishments, shments, personal services facilities, and general retail sales will be permitted to occupy only 20 percent of the development complex on this site. Any commercial use that requires additional storage or parking will require another site development review. Finally, staff would like to call attention to the comments Made by the Building applicants that this building roust meet the Uniform Building Code and Uniform Fire Code requirements for conversion to a commercial use. Chapter 18.100 (Landscaping and Screening) The proposal satisfies the I- zoning P zoning district requirement that 25 percent of the site be landscaped. Adequate landscaping. exists on the northern half of the site (approximately 25 -80 percent) and, With the exception of buffering and screening requirements, which are discussed below, adequate Natural landscaping exists on the southern half of the site where a portion of the parcel is located in the floodplain. When the additional right -of -way is dedicated and half- street improvements are installed on Tigard Street, it may be necessary to remove t he �ex sting street trees. In the event it is necesSary to remove the trees, the applicants will be required to replace the trees with trees subject to approval of the Planning Division. A. tree removal permit must be obtained prior to the removal: of any trees. Section 18.100. 080 discusses buffering and screening requirements.' Typically, where a pro ert zoned 1 -P abuts a rop ert ' zoned R -4.5 a'20 foot wide buffer s.s qu re fired. fn this case, y :... the Fanno C" "reek floodplain wide enough + e satisfacto ry bufferin g b. etwee n the two zoning dist~ ctsand additional buffer area will not be required. However v screening must be installed to provide a 'visual barrier between the NOTICE OF DECISION SNYDER Snit 90-0011/VAR 90 -0016 PAGE 5 I • residential z southern portion of the site where ozie to the south and the souther,, the manufactured home and storage building are proposed to be located. Screening may be in the form of a hedge, fence, or wall or landscaping consisting of at least one row of deciduous and evergreen trees. In the latter case, deciduous trees must be at least 10 feet tall and evergreen trees at least 5 feet tall. 18.102 ( Visual Clearance Area) The existing driveway entrance satisfies the requirements for a visual clear ance area. However, when the additional right -of -way is dedicated . , and the half - street improvements installed on Tigard Street, the driveway entrance may not meet the visual clearance area standards because of the gate that ` currently exists at the entrance. If this is the case, the driveway entrance will have to be brought into p ", gate entirely, conformance. This can, be accom lshed by 1) removing the 2) reducing the height of the gate, or 3) 'Jetting the gate back from the street so that a visual clearance triangle with 30 foot sides along Tigard street on each side of the driveway and along the driveway are maintained. Chapter 18.106 (Off- Street Parking and Loading) Based on the uses of the site that are proposed or possible, 16 parking spaces are required. The proposal Satisfies this requirement because 17 parking spaces a.re provided. However, no designated handicapped parking space or bicycle parking is proposed, Code Section 18.106.02 0(N)(1) eypcires One handicapped parking space for a parking area which contains cr/er 5 required parking spaces. Section 18.106.020(P) requires at, least one secure bicycle rack space fur each li1.6 parking spaces. A revised site plan Must be submitted providing for at least one handicapped space and one bicycle parking space. 18.106 (Access, Egress, and Circulation)' The applicants are requesting a vari anc a to the access standards to allow an approximately 30 foot long Portion of the driveway to be aPPr°xiMatelY 20 feet wide where' 24 feet is normally, required,. Also re a pa the drivew ay, located b is a variance to allow the ysouthernj portion' of �ted eyond the tropical fish business building to remain unpaved. The variances are disctassed below under the "VARIANCE REQUESTS" heading. Otherwise, the proposal satisfies the requirements and standards of Chapter 18./U8. In addition to satisfying the Corte requirements of Chapter 18.106, the proposal mtiat alSo meet the Uniform ,Fire' Code req iirements. The applicants will be required to provide evidence the Fire Marshall has approved the proposed accei s. bECI8Io1 �- SNYY - 0- 17016 � PAGE_ I�'OT10E O1s 8'R .... � D�4 g0- ®01l/'VAI� 9 r- 18.114 (Signs) Prior to the installation of any signs, the applicants must obtain a sign permit. One freestanding sign will be permitted on the site. I' it may be 70 square feet in area per sign face up to a total of 1410 square feet and 20 feet in height. Wall signs are also permitted in the 1 -P zoning district. They are limited in size to 15 percent of the building face on which they are located. Chapter 18.144 (Accessory Structures) The applicants request permission to construct a 1,000 square foot storage building on the rear portion of the site in the vicinity of the proposed manufactured home. Applicable criteria are contained in Section 18:144.070 (Approval Criteria Accessory Structures) . Accordingly, the storage building will have to satisfy the setback qu` P y al l requirements requirements of the IMP district and rom with 1 � �p structure shall not encroach upon. the flood lain or interfere with the use to a principal st.ructure., The s _ e of any adjoining property• ' p; It must be built in accordance with the Uniform Building Code and an accessory structure permit must be obtained. VARIANCE REQUESTS A request for an administrative variance must satisfy the criteria for granting a variance found in Code Section 18.134.050. They are as follows: (1) The proposed variance will not be materially detrimental to the purposes of this Code, be in co'iifiict with the policies of the Comprehensive Plan, to any other applicable policies of the Community Development code, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. (2) There are special circumstances that exist which are peculiar to the lot Size or shape, topography or other circumstanced over which the applicant has no control, and which are not applicable to other properties in the same zoning district; (3) The u se proposed p opo will be the same as permitted under this Code and City the greatest extent possible, Cit sts.ridare�s will be maintained to while permitting some economic use of the land; ) Existing physical and natural systems, such as, but not limited to Juraffic, drainage, dramatic land forms parks will, not be or y anymore than adve.�sel affected would occur if the develolment were located as specified in the Code; and (5) The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. . NOTICE OF DECISION �- SNYDER - : DR 90-0011/VAR q0- -0015 PAGE The above criteria apply to the two variance requests that follow: 1) Variance to Allow a Manufactured Home to be Used as a Caretaker's Residence The applicants request a variance to allow ,placement of a man'factured home on the southern portion of the site to replace the residence they are converting to commercial use. The use of the :existing; residence as a c &retaker's residenc0 was approved when the City Council approved the previous site development review (SDR 21-86). The current request is made to allow the continued existence of a caretaker's residence, to be occupied by the applicants and to allow the use to take place in a proposed manufactured, home to be located on the southern portion of the site. when the previous approval was granted, a caretaker's residence was a permitted use in the Heavy Industrial, Light Industrial, and Industrial Park zoning districts. A caretaker's residence is stall a permitted use in all but the Industrial Park zone as a result of an error made when the Code was last revised. In the course of the last revision the section of the Code allowing a "single- family detached unit or a P,mufactured /mobile home" to be used as a caretaker's residence was inadvertently omitted. This error will be corrected, but in the meantime the applicants must request a variance and satisfy the administrative variance criteria. The variance request satisfies the criteria because it will not be materially detrimental to the purpose of Title 18, be in conflict, with the policies of the comprehensive plan, to any other applicable Policies and standards, and to other properties in the ► p umstances that area. As ecpla:i.ne,d a.bcve,, there are s ecial circ exist over which the applicant has no control. The use proposed is intended' to be permitted ` under Title 18 and City standards will be maintained while permitting some economic use of the land. Existing physical and natural systems will not be adversely affected. Finally, the hardship is not self-imposed. Variance to Allow a Portion of the site to Remain Unpaved The applicants propose to Pave the driveway and all parking areas located between Tigard Street and a point approirimately 280 feet from Tigard Street. extend beyond the parking et . The paved area Must for the tropical a ical f ish business at least 20 feet,, as shown on e Exhibit J which the vehicles entering and leaving the Wbusi to size t. This will p g, g Hess can maneuver. The applicants must submit a revised site plan showing the area to be paved, as described above and as shown on Exhibit A. the The applicants request a variance to allow the remainder of Elite to remain unpaved. This variance also satisfies the :. above cra.t eria for g ranting a variance:: The portion ,of the site proposed to remain Unpaved will be used primarily by the NOTICE OF DECISION - SNYDER -- SDR 38- 0011/V. 90 -0016 PAGE 8 — ,t4 ka. caretaker /applicants as a residence and for storage purposes. It is not expected to experience a large volume of traffic. It will not be materially detrimental to Title 18, comprehensive Plan policies, other applicable policies, or other properties in the area because the unpaved portion of the site is located almost 300 feet from Tigard Street. This distance should eliminate dust, mud, and . gravel being brought onto the public street. The portion of the driveway that is to be paved will provide a finished appearance to the site's frontage. The special circumstances that exist because this portion of they site is proposed to be used only as a residence for the caretaker /applicants and for inside storage. Both of these uses are considered interim because the site is not fully developed. The proposed uses are permitted uses and City standards are maintained to the greatest extent possible while permitting some economic use of the land. Existing h sical and natural s stems will not be adversely affected. A hecdship exists ]P Y. Y in that if this portion of the site were required to be paved at this time, the paving would have to be removed when the site is redeveloped. The variance requested is the minimum' variance which would alleviate the hardship. Variance to Reduce the Pavement Width of the Driveway pp request allow a 30 foot long portion, The applicants re est a variance to a of the aPProximately 300 foot long driveway to be approximately 20 feet wide where 24 feet is normally required. The remainder of the drivewa Y'° width the access wdt h toga trement . Code Section 18.108.150 contains the approval standards for a variance to access standards. They are as follows: L. It is not passible to share access, . There are no other alternative access points on the street in question or from another street; 3. The access separation requirements cannot be met; • The request is the minimum variance required to provide adequate access . The approved access or access approved with conditions w11 result in a safe access; and • The visual clearance requirements Met. Chapter 18.102 will be The proposal satisfies theses standards because it is not possible to share access with a neighboring property at this time. Criteria number 2 and 3 do not 'fpply because the variance request 'is not for the Point of access from Tigard Street. The request the minimum variance required p adequate a applicant intends .ate access. Th to install a i d divider or provide and parking area for ' lanr -l. between the ea for the NOTICE 01' DECISION - SNYDER SDR 90 -0011 /VAR 90-0016 PAGE 9 tropical fish business and the driveway so that vehicles will have to back far enough out of the adjacent parking spaces to be able to see down .they driveway before entering it The island must be a minimum of 3 feet wide and must contain landscaping no greater than 3 feet in height. Adequate visual clearance will be provided and the driveway will, be safe. • DECISION;. The Planning Director's designee for the City of Tigard approves SDR 90-- 0011 /VAR 90 -0016 subject to the following conditions: THE FOLLOWING CONDITIONS MET PRIOR TO OBTAINING BUILDING SHALL 'BE BE PERMITS FOR THE PLACEMENT MANUFACTURED HOME AND CONSTRUCTION OF LACEMEI�TT' OF THE M11.NLJF,ACI THE STORAGE BUILDING. g - be dedicated to'the Public along the Additional ri ht of -wav shall, g frontage to increase the right -of -way to 50 feet SW Tigard, Street from the ?railroad right -of -way along the north side of the right- of -way. The description shall be °tied to' the' existing right -of -way centerline.' The dedication document shall be on ,City 'forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) . The zero foot rise floodway portion of the floodplain shall be dedicated' as,greenway - open space to the City. A monumented boundary survey :showing all new title lines, prepared by a registered professional, land surveyor, shall be submitted to the City for review and approval , >prior to recording. In addition, the floodplain boundary shall. be marked with'' stakes totassure that no e located e floodplain. buildings or other structures ar, STAFF CONTACT: John Hagman, Engineering `Department (6394171), • The applicants shall provide zn nufactured home to the public connection permit is required to sanitary sewer system. STAR' Di Vision (639-4171). connection of the proposed sanitary sewerage system. A connect to the existing public CONTACT° Brad Roast, Building 4 • An erosion control plan shall be for the he installation of the manufactured shall conform to "Erosion Control p , STAFF red home. 'The plan ah Plans Technical Guidance Handbor�k. November 1989. CONTACT: Brad Roast, Building Division.(639- 4171). THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY OF THE MANUFACTURED HOME . The applicants shall provide evidence that hydrants have been installed as required by the Fire Marshall. STIFF CONTACT: Brad Roast, Building Division (639-4171). NOTICE OP DECISION -� SNYDER -= SDR 90- .•0011 /VAR 90 -001x, PAGE 10 a ti • The applicants shall provide evidence that the access satisfies the requirements of the Uniform r. Code. STAFF CONTACT: Brad Roast, Building Division (639-4171). • The applicants shall provide for roof and pavement rain drainage to the public ,stormwater drainage system or by an ors -site system. STAFF CONTACT: Brad Roast, Building Division '(639- 4171). • A revised landscape /site plan shall be submitted showing 1) the location of one designated handicapped parking space, 2) the location of at least one bicycle parking space, 3) the required screening including the s p ecies and loca tion of trees to be installed adjacent to the floodplain, and 4) ' the type of landscaping to be installed in the parking island adjacent to the tropical fish business parking area, and 5) full extent of the area to be paved, as shown on Exhibit A. STAFF CONTACT: Vi. Goodwin, Planning Division (639-4171). • The screening required in condition no. 8 shall be installed prior to occupancy of the manufactured home or construction of the storage buildin g . STAFF CONTACT. Vi Goodwin, Plannin g Division (639-4171)- 10. The 'existing manufactured (639-4171). :residence shall be ; vacated prior occupancy of the tea rior to home. STAFF CONTACT: Brad Roast, Building Division THE FOL LOWING CONDI7"T..4AS SHALL BE SATISFIED PRIOR TO OBTAINING BUILDING PERMITS TO ALLOW A CHANGE OF OCCUPANCY OR USE OF THE ` EXISTING RESIDENTIAL BUILDING. �.11- . Two seta et of 2 ( ) detailed Public improvement Plans and profile construction drawings shall be submitted for preliminary review to the Engineering' Department. Seven (7) sets of approved drawings and one (1) itemized construction coat estimate, all prepared by ,a Engineer, and • . in addition t final dray �►n Professional (NOTE: these pl ns are wings' rof�sszonal approval -:d` by', the Building Division and should only include sheets r Qts relic }vant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171)- 12. Building permits will not be issued and construction of proposed Public impro nts shall not commence until. after the Engineering Department has reviewed and approved the public 'improvement plans and a street opening permit or construction compliance agreement t a has been executed. A 100 percent performance assurance or letter developer agreement, p yen a 9 of commitment, a de nt, the a ent of permit fee and a sign installation /streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Department (639- 4171).. 13. Standard driveway NOTICE CF DECISION half - street apron, curb, - SNS DER SDI. improvements, including concrete sidewalk, ' aS" hal.tic concrete Pavement* sani �.ta ry s�ev� er, 90-0011/VAR 90 -0016 PAGE 11 Im.. w. w+!..��;...- +,.M.....1..,��.'.. .AA. ....,w.... .�.,...,. M. .rum storm drainage, streetlights, and underground utilities shall be installed along the SW Tigard Street frontage. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alig nment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alf son, , Engineering Department (639-4171). ,,. 1 1 r The proposed pxivateiy- operated and maintained ' parking lot and roadway plan - profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Gary Alfson, Engineering Department 1 (639 -4171)- 15. The applicants shall provide for roof and pavement 'rain drainage to' the public stormwater drainage *system or by an on -site system. STAFF CONTACT: Brad Roast, Building Division (639 - 4171). 16. The proposed privately operated and maintained sanitary , sewer and storm drainage system plan- profile 'details shall be provided as .part of the public improvement plans. STAFF CONTACT: Greg ;Berry, Engineering Department (6394171). . p shall be provided as part of the public 'L'7, An erosion control Plan sha improvement drawings. The plan shall conform to „Erosion control Plans Technical Guidance Handbook, STAFF November 19x9.... CONTACT: Greg Berry, Engineering Departixient , (639-4171). 1. a pp1 icants shall arrange for ins pe ct�on of the existing resi eatial buildin g by the Building Division and the Fire Marshall to determine, that the building is in compliance with the Uniform Building Code and the uniform Fire Cod e's requirements for conversion to commercial use Evidence shall be provided by the applidants that this has been accomplished and that the building satisfies all requirements stipulated by the Building Division and Fire Marshall. STAFF CONTACT: Brad Roast, Building Division (639- 417 1) 19. In the event it becomes' necessary to remove the existing street trees to ac carom odate street improvements to Tigard Street the applicants shall obtain a tree removal permit and submit a landscaping plan showing the species,, sized and location of trees` that will repiade the existing street trees, STAFF CONTACT: Vi Goodwin, Planning Division (6a9- 4171). 20. IA the event the driveway` entrance does not meet the vision clearance area requirements of Code Chapter 18.102 as a result of the installation of street improvementsr the applicants Shall be required ' to bring the driveway into conformance. 'this may be adc orpiished by 1) removing the gate, 2) 'reducing the height of the 0 ate at 3) setting the gate back from the street •distance that will' allow a vision' clearance triangle with 30 foot Sides along Tigard Street on both sides of the driveway and ,along the driveway STAFF COI+TTACT' Vi .. , Goodwin, Planning Division (6j5 -4111 ) NOTICE OF DECISION ° SNYDER SDR 90- 0011/VAR 90 -0018 P,FGE 12 j 2" . All norioperating vehicles and stored materials shall be removed from the site STAPP CONTACT: Vi Goodwin, Planning Division (639- 4171) The site improvements and remaining landscaping shown on the approved plans required by Condition 911 shall be installed or financially secured.- STAFF CONTACT: Vi Goodwin, Planning Division (639- 4171) In the event a manufactured home is not placed on the site, Conditions 1, 2, 4, 5, and 6 shall be satisfied prior to obtaining building permitl, for the change of occupancy of the existing residential building. THIS APPROVAL IS VALID IF EXECUTED WITHIN 18 DECISION DATE NOTED BELOW. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to XX_ The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planning Orgaznization. XX. Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON /zRl UUNLESS AN APPEAL IS FILED. 3 Appeal: Any party to the decision may appeal this decision in accordance with Section 18 .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 gent:. Appeal fee schedule and forms are available at Tig ard City Hall, 13125 SW H all Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p. m® AUGUST 28', 1990 Questions: If You have questions, please call. City of Tigard Planning Department, City of Tigard City Halle 13125 SW Hall Blvd., Tigard, Oregon. 1h5lfre PREPARED BY: Viola R. Goodwin DATE v' opment Review Planner APPROVED BY Xeith S. Aden Senior Planner DATE NOTICE OF DECISION SNYDER SDR 90-- 001,1. /'VAR 90-0016 PAGE : l 1 . p eop ,v p0- --- ;E.1 -r 51i 44 'Oa. CI Se AS A iNoL €54 - As /! 44 (S 1/A !dE 1) LEWIS` L:N. TANGELA -r--r ADOW S W. - •N DON IKATHERIh E ST. WOOpARD PAIR' 0 LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local government. Tigard ° s Land , Use Code, therefore sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing foes will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639 -4171' . I .^ -11-.x^ CITY OF TIA RD OREGON APPLICATION e t, BEING APPEALED: Si o e Vac ad- -cx co �d HOW DO YOU QUALIFY AS A PARTY: SPECIFIC GROUNDS FOR APPEAL OR REVIEW: - (.7( tartA wtrt; (A/1 2 'W re-t-ne4rut, pla.41 ioufftzt-- (Ann() en,_ 1c21A- F- C--r.- baAr rut- - I sus 11 c 5-fr II� 3 Q t le-4- i vn f k...u\kva0A + (i010,-AA CA ( 0,1‘ . SCHEDULED DATE DECISION IS TO BE FINAL: DATE NOTICE OF FINA DECISION WAS GI SIGNATURE( lqi) Vis VVI J 0 'i)d nno Ot, ) ,/-, 30004-4-1E-i0 - - 440 0440 40(4 (400 -30E-it- E- HE4 -14400(40(4440(4(4044044i ` ... ,-1f-?000(-�i- 00i44-�ta141400( )0(' j USE ONLY: Recei�ler B G%��%l�`�'.. Date: ��% Throe: 3.00 y1 Ap � `� f��' � FOR S protfedGAs To Form By, (,� C�.1 yr, , Date�,t / ?,1gv , Txme: 3 ip,,� Denied As To Form Date _ .,. 1xme: 4 Receipt No. P -� - ----�— Am�sunii t _�� 222L R*MOt -3f- k R -k X*R4t -i- 4t4t-k H4i-3E 3t*k -R-k (44 -4-3 -gt -(- (.1 -k x..k.44 3(-,?t4C- 3(.k.R„i -X-id 4-3f -fk.4t. 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CD , CD CI r CD Pi rF3 CD , m , m cD , to �' N ,-� r W �-t' of CD t i ' -, to ►S 0 cn tl t< `, ra tD OD DX t—t- Impact on Qregon seers by decsi-on on Story on Page One also By t OBERTA ULRICH orate Oregonian staff Tuesday's U.S. Supreme Court ruling requiring that property owners be compensaat ed if new regulations deprive diem of the L 3e of their property probably will -have little effect in Oregon, land- use officials and attor- neys said_ "It's not as sweeping an effect on Oregon Iand -use laws as. we thought," said Phillip ..,eu:man: spokesman for the state Department of Justice. However, he added: "11 will have serious- significance because there is a none- tart' impact." The fear that new regulations could be judged to constitute a "taking" that would require compensation may inhibit local agen- cies from enacting needed. Iand -use rules, severalsources: suggested. The ruling states that a property owner must be compensated: if new restrictions result in even temporary loss of use of the property known Legally as a. "taking," Com- pensation already was required if the restric- tions resulted in.rmanent loss of use of the property_ William J. Moshofsky, Portland attorney who has represented property owners, called the ruling "a ray of hope." The Tuesday ruling "doesn't address at all what the circumstances might be" in which regulating use of property could be considered "taking," said David Ellis, an assistant attor- ney general who deals with land -use issues. The ruling leaves it to individual courts to decidewhethera "taking" is involved. In Oregon, Ellis said, courts have held that to be considered "taking" regulations must "virtually strip property of all economic value." The Oregon Supreme Court has ruled spe- cifically that changes in zoning or classifica- tion to restrict laaid use do not constitute tak ing, Lemrnan: said "I don't think it will have any effect," James Y. Ross, director of the state Depart- ment of Land Conservation and Development, said of the ruling. the issue of "taking" has been raised since Oregon's statewide land -use planning pro- gram began 1.1969. A bill to require compen- sation for landowners if their property was "taken by land -use regulation was intro- duced in the 1985 Legislature by Sen. L.B. Day, the first chairman of the Land Conservation and Development Commission, but it was not acted on A similar measure was introduced This year by Rep. Verner ''Andy" Anderson, Roseburg, but he said Tuesday no hearings had been held on Last year, the Legislature's Joint Commit- tee on Land Use issued a report stating there had b ..n no documented cases in which land use regulations resulted in the "taking" ef economic use of private land. Anderson said after talking with attorney Robert Best in the Pacific Legal Foundation at Sacramento about the ruling in the California case, he thought it ,night affect owners of flood plain land who had not been permitted to replace destroyed'buildings.or people who had purchased Tots planning to build homes but were prevented from doing so by regulations imposed alter they bought the land. "The ruling doesn't reverse any Oregon law," said Henry. R. Richmond, director-of the land-use watchdog organization 1003 Friends of Oregon. He said, however, that the ruling might make local governments "more cau- tious" in regulating land use for fear tire court would rule the regulation was a ing" and require compensation. Multnomah County Counsel Lauri e- liressei, a former referee of the Oregon 1 e_e_ Use Board of Appeals, said the deci:•; {=" appeared to put local governmentson not z f that they might be required to pay danuu'n. for overregulation of private property But, he added, it does not seem _flange what courts have ckfined as overregulation Michael E. Judd, Clackaanas County chief assistant counsel, said: "The issue becomes how much can the state regulate and Med uses you can and can't have. This is a test of how far you can. go." Wally Douthwaite, Gresham city manor -.r; said the, land -use compensation case had le "n watched by planning officials nationwicit• since 1979_ "It opens the door a whole Iotw1 ktr to economic challenges to land-use decisions," Douthwaite said_ It also could have an effect on local gavel 11- ment efforts to preserve wetlands or devel =rig greenways along creeks or rivers, Douthwni t ' said. Est compensate ,. '� he Supreme Court said the changes in zoning ordinances, verse irn act oil the land -use re I By HENRY J'. iacs� l; g F g Lutheran Church of Glenda' United. Press International Constitution's Fifth Amendment variances and the like which are ulatory rocess." requires the government to corn- not before us. Calif. The land is located in a cx= WASHINGTON—The-Supreme pensate proper owners for de- `We rezUze that ev 9 Stevens added the decision was you along the banks of a cre- vtrr eG'1.7 lu4 proper y, 11nuFf • .It' .i. . W;511 . -t • .1 A-1 A • 1 tt f Ai�- pensation already - as required if thelrestric gram began in 1969. A bill to requ re compere- Lions. resulted in4ermanent loss of use of the sation for landowners if their property was VV .e 'nal ev- to 8' •ff f -r . t is' t .1 . •ttj r 1 1 • • * of Oregon_ lie said, however, that the ruling greenways along creeks or rivers, Douthwiitr, might make local governments "more eau- said. o preserve we i an. s or eve Court pules government gust compensate owners By HENRY J_ RESIDE United Press international WASHINGTON —The Supreme Court, in a decision concerning zoning laws, ruled earlier this week that local governments roust compensate property own- ers if they deny them even temp - orary use of their land. The 6-3 ruling by Chief Justice William Rehnquist is a victory for property owners who have been denied temporary use of their land by Iocal government action_ But the court noted it is also a blow to local government agenc- ies that will be restricted in their land -use or zoning regulations. The Supreme Court said the Constitution's Fifth Amendment requires the government to com- pensate property owners for de- nying them use of their land even if the denial is a temporary one. The Fifth: Amendment states in part that private property shall not be "taken for public use with- out just compensation.' The action came in California case that involved a county ac- tion, originally temporary, to pro - hibita landowner from rebuilding in a flood region. Mike Berger, an attorney for First Evangelical Lutheran Church of Glendale, the church that began the suit, said, "I think it's a wonderful decision. It ack- nowledges that people who own property have rights protected by the Constitution." Fle also .said itwill have asignif- leant impact on local 'gov- ernments nationwide, claiming that before the Supreme Court's decision local governments "had just been._ doing - whatever they wanted to do;:,lnowing there was no risk. This decision means if they take it (property), they have to pay for it." Rehnquist said temporary tak- ings of land are "not different in kind from permanent takings, for which the Constitution clearly re- quires compensation... The Fifth. Amendment's just compensation provision is `de- signed to bar governments from forcingsome- people alone to bear public burdens, which, in all fair - ness and justice, should be borne by the public as a whole. "' Rehnquist noted the ruling does- not deal with the "quite dif- ferent questions that would arise in the case of normal delays in obtaining building permits, . changes in zoning ordinances, variances and the like which are not before us. "We realize that even our present holding will undoubtedly lessen to some extent the free- dom and flexibility of Land -use planners and government bodies of municipal corporations when enacting Iand -use regulations." Rehnquist was joined in his rul- ing by Justices William Brennan, Byron White, Thurgood Marshall, Lewis Powell and Antonin Scalia. In dissent, Justice John Paul Stevens, joined by Justice Harry Blackmun and Sandra Day O'Con- nor, said the ruling will "generate a great deal of Iitigation. "Most of it,. I believe, will be unproductive. But the mere duty to defend the actions that today's decision will spawn will un- doubtedly have a significant ad verse impact on the land-use reg- ulatory process." Stevens added the decision was far reaching. "Cautious local officials and land -use planners may avoid tak- ing any action that might' later be challenged and thus give rise to a damage action," he said. "Much important regulation will never be enacted, even perhaps in the health and safety areas. "Were this result mandated by the ConstiF'ition, these serious implications would have to be ignored. But the loose cannon the court fires today is not only un- attached to the Constitution, but it also takes airn at a long line of precedents in the regulatory tak- ings area." The case involved a camp - ground property purchased in 1957 by the First Evangelical Lancf planned Lutheran Church of Glenda'_ Calif. The land is Located in a c=' yon along the banks of a crc_ that is the natural drainage chi-' nel for a watershed area. In 1978, a flood, which took lives and destroyed property, al destroyed the buildings at ti campground, prompting Los i` ' geics Coun_ty to adopt an inter-i;. temporaay ordinance prohibitio the construction or reconstrut tion of any Isuilding in the region. The church then filed suit alit p ing that the ordinance kept it frov being able to use its property an' 1 seeking to recover damages. The trial court dismissed the suit on grounds that a landowner may not seek damages unless tli' regulation being challenged it• found to be excessive and u" necessary. 5 SG' cIiSCussion y chanie' 60. (7=1 g TIGARD -- Land use practices is the subject of the next forum luncheon_ planned by the Tigard Area Chamber of Commerce Tues- day. The noon lunch forum neets at the }ii Hat Restaurant, 11530 S.W. Pacific Highway. Cost of Punch is $6 and the public is welcome. Bill Moshofsky, a Portland land use attorney and volunteer legal counsel for Oregonians in Action, will speak on state land use laws. Oregonians in Action, "a Tigard- based, ed statewide non -profit group, is .seeking: land use appeals and rights for private property owners. For more information on the Sept. 18 Tigard Chamber luncheon, call the chamber office at 639 -1656. 1 • CITYOF TIGARD1 OREGON anua:ry 17, 1991 Sue Snyder 9740 SW Tigard Street Tigard, OR 97223 RE: Building permit Dear ' Sue The decision rendered by the Planning Commission with respect to SDR 90- 0011 /VAR 90-0016 will b final. January 30, 1990,E assuming no appeal is filed. 1 know You are anxious to install _ the proposed l.e home so 1 am wr ray. iting you today to offer assistance to You in satisfying the conditions of approval. If you, haven't already done so, please review the conditions of approval and be prepared to can issue a building ap permit or allow o c must be the �sfli the 'ones that before we mobile hone . `' I f there is n; p occupancy �►f the any question as to ;,wh�ether or not a condition has already been satisfied the burden of proof is Yours. Please be prepared to provide documentation. I am glad to ?help in any way I can, so call me at 639-- 4171. ext. 390 if 1 cart b'e, of fort her assistance or if you have any questions Sinc1erel �A o f! T. V.a. Goodwin Permit Facilitator cc: Bob Thompson Planning File 131 5 SW Hall Blvd, �G � ax 23397, i;igdrd, reg n 97223 (513) 639 -417 ,) i October 16 1990 Sue Snyder 9'40 SW Tigard Street T3.gard, OR 97223 400 CITY OF TIGARD OREGON Dear Sue, Keith 'idea asked me to write a letter to you confirming the continuance of SDR 90-- 0011//VAtR 90.,'0016 to the Planning Commission hearing to be held on January 1, 1991« pF s the City to make a decision and conclude an appeal of an Section 1�► .32.030 requites 120 days after .she application is deemed complete unless t e ap.pl. ant regtixeste an extension. The attached waiver, signed and returned `- , continue your application licatioon aye you �:.o cne wile. allow us to requested. Y PP have A 1 urge yon to clarify, any changes you want to :make• to the site plan between now and January, particu1azly with respect to the amount of paving you propose to ro sped to be converted the existing house pinstpoal , and whether ed to ommercial build u� .an addition to th You have agreed to e Planning Division a' landscaping plan showing screening of the commercial usebd prior to the January hearing. the existing natural vegetation and trees may be counted as screening. T_ will check on the right -of -way dedicaticv and nonremonatrance agreement and let you know what I find out p all me at 639-4171. c If I can be of further a ®sistance' lease c -- Sincerely Vi Goodwin Assistant ` Planner P.S. Tha y bouquet of roaee. brightened Thank you for he level � bouquet they rea3.ly . . g .ed nP our office area. 25 S H 11 Blvd., ��+✓� Box 23 ✓� r , Oregon +HS1.4.71::«.= �.+rWWw�n .,,r ..,,rJM,.;.��G w..rnri..rr•r+ w.nm..w.., awn- ..ri.•- rannm� �.r::.r ,wrr i,.,l�rrei Yiil:A�,�+- n.r -rxr r4r -wLiyi CiWOF TIGARD� OREGON 1, __. , am appealing the D .rec or. a decision rendered on SDR. 90.01 11 /VAR 90-0016 as of 3:00 p.m. on September 7, 1990. This appeal was scheduled to be heard b' the planning Commission on October 2, 1990.• I wad unable, to attend this hearing. 1 am now requesting that the appeal mentioned abode' be continued to January 1, 1991 and that the 120 -day time period for deciara.on making be extended as provided by Code Section 18.32.030./1...1 Sue Snyder Kate 13125 1v Half Blvd +, P . Box 23397, Tigard, Ore go n 97223 (503) 639 -4171 -------- W y yd� qY �nM (4'�q44 ad'F�. iL. vC" .+. �' J ` „d•'". nC,".�'a' � a t , , N +�' � ` � ia' �if" w ' VA tir,«„r•. - ttce K,r.r I t"5*r j a pi car l' �1 0 F t)56, .,yam` ie ,�1^ tiVicee12._d egiliet4) 21 ,41,,,,247 le Agi „et, J• _ 6 itdee4,k, „P aiie 4-449x1---1 g-p4e/eazi ,494,2 ASO OZ7/17 Lei-( ce) /44/21" A, kw ie,.,Zeref4 4ze/AI- e 2 kfgare,iti k/ l/' Cam"' / 6(. %,J °L d2 N' /` wr 14, 5 * Commissioner Peterson moved and Commissioner Fessler seconded to approve CPA 90 -0008 and ZON 90- 0008, with the finding of fact that an error had been made in the original zoning. Motion carried unanimously by Commissioners present. 5.2 APPEAL OF SITE DEVELOPMENT REVIE1,i SDR 90 -0011 SNYDER An appeal of Planning Division decision for SDR 90-0011, which approved, subject to conditions, a request for Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of wool en goods; 2) construct a 1,000 square foot storage shed for vari ous businesses conducted acted by t'ile owners of the site; and 3) allow placement of a manufactured home on the site for a caretaker's residence associated with the various industrial uses on the property. Variance approval to 1) allow the relocation of a caretaker's residence; 2) allow a two --way driveway less than 24 feet in width; and 3) allow a portion remain gravel. ZONE: I -P (Industrial Park) ortion of the site to rema� LOCATION: 9740 SW Tigard d Street ' ( WCl°M 2s1 2BA, tax lot 501) Item was postponed by applicant's request. See motion in Item 4. �. OTHER BUSINESS There was no other business. ADJOURNMENT - 8:28 P.M. Ellen 'P. Fox, Secretary ATTEST: A. Doilaii d Moen, President ef/pcml 0290 PLANNING COMMISSION MINUTES - OCTOBER 2, 1990 PAGE Lt r CITY OF TIGARD OREGON 1, / ;.,. ,� •',, , am appealing the Director's decision rendered on SDI; 90- 0 '/V 90 -J016 as of 3:00 p.m., on September 7, 1990. This appeal was to be hard by the Planning Commission on October 2, 1990.• T was unable to attend this hearing. 1 am now requesting that the appeal mentioned above be continued to January 1, 1991 and that the 1:20 -day time period, for decision making be extended as provided by Code Section 18.32.030.A.1. Sue l dam( �1 ' Snyder Date ttt 13125 SW Hai Blvd., P40, Box 23x39 , rigard, Oregon 97223 (503) 639..4171 4 William T. Rhodes Business Lawyer 4562 S.W. emus Place • Suite 100 • _ Portland, Oregon 97219 (503) 293 -0036 • FAX: (503) 636 -8965 September 26, 1990 Ms. Viola R. Goodwin Development Review Planner City . of Tigard 13125 SW Hall Tigard, Oregon 97223 RE SDR90,0011, Donald and Sue Snyder Dear Ms. Goodwin: z yot,44<ic. /e/f/ l'� 4 The Syc`ter's have retained my firm to review an application to, convert a residence to commercial use and place a manufactured structure for residential purposes In reviewing the staff report on this application I don't understand the need for any variances. Briefly, the 1986 SDR 21-86 has addressed ad improvements, parking questions and dressed .the. road the driveway improvements in such detail that the current request Pr' sents no material changes and it does not request any uses tht are subject to a variance. SDR 21-86 by its terms has 'resulted in the dedication of the 50' right-of-way along SW Tigard Street to the City of Tigard. The City has agreed to allow the Snyder's to participate in a future local improvement district to complete the requested ovements, therefore any current discussion o im r of improvements �,._ � - violates without the creation of the local improvement distr��i.: v�.a g � � that the terms of the 1986 agreement. The Sn der s will of coUrse assist in the preparation of any dedication agreements still need to be executed per the terms of the 1986 application. SDR 21 -86 by its terms a parking . ' 'ed the area remain unpaved. Under 18.68.030 thelcbn residence to a �uildin. will not re uire any additional parking commercial b q s aces g. will s .. p with p ,.. , therefore, the provlsoian�e b 18.106, deemed coin lied in 1986 with remain under compl " s for access, Chapter 18.106 are not :the Code requ�.remeny and access have been subject to review applicable because parking in the 1986 variance application, therefore it appears the Snyd right access g iriht is a vested riht and not subject to review by the y by of the issuance: of the previous variances b the C�:t b virtu.e o he identical vested ri h.s •ar g uxaent a lies to the presence yg �p T of a careta ers` residence bn -the property. Basically the �C ty Y1a5 alreac�Y app roved such a use. Real .`state Securities Business Pihahcings • ✓. .4 r. nNA .y1'•wH +.+�+Mik ..� .,.!.la r.v�.e,%,i The Snyder's wish to comply with 18.100 landscaping requirements and the other administrative conditions for the building. Specifically, conditions 3-10,15, and 18 -22 are acceptable and the remaining conditions 1-2, 11 -14, 16,17 and 23 are not acceptable Please contact me as soon as possible concerning your comments to our above outlined Position. 1 would like to see if we can reach an acceptable compromise prior to our appeal before the City Council next week. Very truly yours, William T. Rhodes ■ TO: Planning Commission FROM: Keith Liden, Senior Planner MEMORANDUM RE: Site Development Review SDR 90 -0011 DATE:. September 26, 1990 AGENDA. ITEM 5.2 The Planning Division approved the above application subject to conditions. The applicant has appealed this decision for the reasons noted in the attached appeal form. A copy of the decision is also attached. In addition to the information and findings presented in the decision, the staff would like to make several comments relating to the issues being appealed: 1. The dedication :bf the 100 year fioodway was a condition of approval for the previous Site Development Review (SDR 21 -86) approval that was granted by the City council. The site was i mproved in accordance with this approval, but the f'loodway ° was never dedicated. Since this condition should have been fulfilled, it 'should be completed now before any development occurs on the property. an further 2. The buffering requirements are found in Chapter 18.100 of the community Development Code however, there IS a certain degree of flexibility which can be employed for meeting these standards. 1 will be meeting Sue g Snyder on {he pr:oper��y, prior to the hearin to . rev iew this issue. 3. Malf- street improvements Were required as a result of the staff's interpretation of Section 18.1641.030 of the Co3nmulntY Development COde as noted in the Engineering Department comments on' pages 2 and 3 of the decision. SDR 90- 11.MEM/kl RA W j. CITY OF TIGARD, =MN B [0: Keith Lid en, r±., Se .o: r Fly EWA Cathy TAlteatley, City IDATE: Septiamber 7 I 1990 SUBJECT: Appeal of SIB? 90-0011/VAR 90 -0016 .- , Snyder Attached is an appeal for the above 1:eferenoedl. accepted the appeal after being by port PomeroYy that vou had approved a request for Xt nsian on h lg deadline to 9/7/90 at 3 :30 pm. Please notify Mrs. Snyder rpf : the hearing date., Thank yot e CW Attacnt snydex 'C. ra LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in ! proper form. To determine' what fil.ing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639--4171. 1. APPLICATION BEING APPEALED: . i ¥e i..11Q,t -t)Q YV1., /'I,4- Ru,-o 0e of 0 -(,1)1/ Vcuuo-n.Q 1/4.-r go -Dolt!) s c.o'' AS J O QUALIFY S A ARTY ng ii (- j ►cd,...4 ,+ �. HOW DO YOU L Y A P 5 l CITYOF TIQARD OREGON , SPECIFIC GROUNDS FOR APPEAL OR REVIEW: c. VP.k" V3 C 16-41.4, WVt■ ,0 2 .,_"-Re.ist,t.irer,nextt- /XL fer LA In 0 01/4 ciu.Arruk-1- C-4 CO ,or s1(1 1 t) Ise_ �}h� ('ridecpg SCHEDULED DATE DECISION IS TO BE FINAL: q/ - ° ) aI- 2 I �v DATE NOTICE 0 f - A DECISION iA Gx N 5, DAT N FN SIGNATURE(S) f 1 *X-J( * *X X X4i X-4(44(400( -it {- i{- 44 x fx-x 4 * (X*** . * 4( X*)(. 4- X-E-?ofx-x -x-mo - ( FCi OFFICE USE ONLY: Reece ivied 'k3 : C., iiiuhvcd-k.p Date: q ._� /40 -rime 1 3:0C) r Approved As To Form 'ray' C , f'D «t.e :q/7 / O Time: 3', . nti Denied As To roam Dates Time Receipt No. O /5 u c c Am X R-k*-X E� <4 X�t X i - t.X * 4&X �t i 4t*- X - 0t �t X14- * S 4th -10( 1W X4 (4.4( *)<*)f3 r( **X 4 13I 25 SW Hall Bfvd , P O. Bax ?3397,1;�drdd Oregon 97223 (503) 639 -417 r--- -- CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT 011 /VARIANCE VAR 90 -0016 SUE AND D? NT xacEw SDR 90 AROLD SNYDER - OWNER/APPLICANTS APPLICATION: A request for Bite :development review to 1) convert an existing y dwelling currently being used as a caretaker's residence into a sng�e� -f�31 dwelli.n curr�n commercial use, 2) construct a 1,000, square foot storage shed, and 3) allow p a manufactured home on the site to replace the existing caretakers re variance to allow 1) a portion of placement of residence. Also requested is a vat i the site to remain unpaved, 2) the location of a caretaker e s residence on the southern portion of the site, and 3) an approximately 20 foot wide paved driveway where a 24 foot wide paved driveway is normally required. ZONE: I-P (Industrial Park) LOCATION: 9740, 9742, and 9744 SW Tigard Street (WCTM 251 2BA tax lot 501) DES Nb Notice is hereby given that the Planning Director's designee for the city of Tigard has APPROVED the above described request SUBJECT TO CONDITIONS. The findings and conclusions on which the decision ia.based are noted below. FINDING OF FACT 1 Background This site was annexed into the City in August, 1971 (Boundary commission file no. 298)0 In December, 1986 a Temporary use PPlication was approved allowing 'the operation of a Christmas bazaar on the property. Later in December, 1986 a site development review application (SDI 21 -86) was conditionally approved by the Director allowing the operation of a Mail order business from the single- family dwelling Located at 9744 SW Tigard Street (please Exhibit A) appealed bw the applicant refer to �ted diti.ons .of approval roval that required - st�:'eet This decision was a ale V n ]�lP ired half who objected to 00 driveways, and the improvements along`. Tigard Street, paved drzve+w dedication of greenway along Fenno Creek. The City Council ruled gthe a licant with , respect to the half- sat:reet in ro applicant to defer paving improvements. of council also allowed the a , e expansion of the I" industri.al, commercial" the driveway until further f additional of way and a :ecution of a . nanremon cna1. nigh... fired in lieu of the ®trance agreement we�'e ..�. improvements-council ruled no Creek in the for in favor of staff's recommendation dedication of greenway along Fan 100 -year floodpiain. The mail order business apparently was established, but these conditions have not been saki ®ailed. 2 Vicinity Information roperties to the,. east north. pare;e. - g Street c,� �lieato the tncre also zoned toPth Tigard d a railroad tracks north of the and e n railroad. tracks are zoned P.°:. 4.5 (Residential- 4.5 units/acre) _.. -001.1 /VAR 90- 001 CAE 1 I4OTZ0E O DTJCISIN .- 5NYDJJER - SDD 9CD PA ti • Fenno creek runs along the southern property line and just south of the creek is another residential district zoned Site Information and Proposal Description The 2.43 acre site contains a caretaker's residence (approximately 2,000 square feet in size) and a 2,800 square foot building currently being used as a wholesale tropical fish business. Two outbuildings, an old boat, an assortment of vehicles (the use of which in unclear) and other materials are located or being stored on the rear of the property. The applicants propose to 1) convert the existing single- family :residence, currently in use as a caretaker's :residence and occupied by the appiicants, into a commercial use; 2) place a manufactured home ' cn the rear of the property to provide continued housing for the caretaker /applicants e and 3) construct a 1,°°° square foot storage building.. The _ applicants also request approval of a variance to allow 1) continued use and . relocation of the caretaker's residence into a manufactured home proposed to be located on the southern portion of the site; 2) the continued use of a two -way driveway that doer not meet the width requirement quirement along a portion of the driveway; and- 3) the portion of the site located behind the tropical fish business building to remain unpaved. Agency and NPO Ccmments The Engineering Division has the following comments 1. The site absents SW Tig axd Stx ��, a minor co llector assail'. requiring the 0crthe right - .ofw,way from the railroad right of lC along northern edge of the street right-of-way'. . Subsection 18.164.030(A) of the Code requires that streets adjacent to • developments be improved. Section 18.2 6.030 of the Code defines development as "a building... or making a mater: ;:l change in the use or appearance,.. , of land." Since the proposed app3 ication includes two buildings, paving for` a driveway and perking lot, and :, the change of use "of an existing building, it in a develoPment within the meaning of the Code. The Director may accept a future improvement guarantee in lieu of street improvements' if one or more of the Code are that , .. . exemptions in Paragraph c of Subsection 18.1624.030 (A) of the PP the requirements of the following of exemptions are met for the l n Bret. It a earn t)t P reasans (1) A partial improvement to Tigard street is feasible since similar improvements have been installed along the parcel to the east as well as several other parcels along SW Tigard Street NOTICE OF DEC: ".LSION - SNYDER - SLUR 90- 0011/VAA 50 -0010 PAGE 2 3. fx ( ii) A partial improvement would not create a potential safety hazard; (iii) similar improvements to other nearby parcels have been and will be installed; (iv) The improvement would not conflict with an adopted' capital improvement plan, (v) The application is not for a residential + land partition, and,, (vi) No additional planning work is required to define the appropriate design standards. Consequently, half street improvements along the Tigard Street frontage should be required. Storm drainages is pc 7vided by discharging to the Vanno floodplain at the souh of the site Sanitary sewer service is provided sanitary sewer line on the sine. Creek by an existing public The requested variance for the narrower driveway should be Permitted since l aoutt 30 feet of the driveway will not conform to the required c de standard$. The narrow driveway serves only eight Parking spaces. The variance to allow a gravel driveway, should be approved to the extent that the paving is not required to access the eight southern most parking spaces. The remainder of the driveway serves only the caretaker 'S residence and is temporary. Although required by a previous application (SCR 21-B6) the . floodway in the site has not been dedicated as reenw g ay* The Building Division comments that the existing caretaker's residence must ComPlY with the applicable Building Code requirements for conversiOn . commercial building t be inspected by both the BuildingDivision and rthe Vire gambol], to determine what the requirementa will be. The division also notes that the extent of parking lot and driveway paving required should be made clear to the applicants, Alsopif the proposed manufactured home is to be converted to a, ooiamercial use in the ftitlItei it too will have to comply with applicable codes. Finally, floodplain must � "anon of the ],141 -year the Building t ibe deteirmined and Stakes o P rovided', to insure no structure Will be located within the floodpi.an coazumer that �.. � PP ~ .' �� . q lance to NPPO #2 noted the a licants are requesting a var vial codes and points out that the additional bui.d:ng could, NOTICE OP DECISION - Si DER, - St)R 9C)-- 001.1 /VAR 90- 0 PACE 3' 0$fi ti .3, be used as a business in the future. They also note that the current application is similar to the previous site development review application (SDR 21-86) The Fire Marshall comments that hydrants shall be required within 250 feet of all portions of commercial buildings and 'within 500 feet of all portions of residential buildings. Also, the driveway shall be required to be in compliance with the Uniform Fire ale. Tigard Water District has no objections to the proposal® but points out that the applicants must provide two additional water meters to supply water to the manufactured home and the existing 2800 square foot building. • R and Metropolitan Area Community Access have reviewed the proposal and have no objections to it No other comments have been received. B. ANALYSIS AND CONCLUSION pp required apply for site pm review The a licarcbta are re ireci to a ? considered � to development a �ma�o approval. because their proposal i s s major modification. Community Development Code Section 18.120.070 provides' the criteria for determining whether a modification must: be reviewed by staff. In this case, it was determined that the propoeal must be reviewed because additional an site parking will be necessary to accommodate the proposed modifications. ,The applicants will be required to satisfy the requirements of SDR 21-86 prior to the issuance of a placement permit for the proposed manufactured home or a building permit for the proposed storage building. SITE DEVELOPMENT REVIEW The -applicable criteria in this case are Community Development Code Chapters 18.680 18.100, 18.102, 18.106, 18.108, 18.114, and 18.144. Chapter 18.68 (I -1. Industrial Park District the proposal generally satisfies the dimensional requirements of Section 18.68.050. The residence proposed to be, converted to commercial use is set back more than 85 feet from the front property line and is less than 45 feet in height. There are no side yard setback requirements. Two , 50 areas . of concern warrant further discussion. These are the .�0 foot r yard setback requirement and the commercial .. ex cutting al use of the residential building. The storage building and manufactured home proposed to be located on the southern portion of the lot would normally be required to meet the required 50 foot setback because this portion of the site abuts a residential tone to the south. However, in this case the southern Portion of the site abuts Fenno Cdreek. The applicants will be required /MICE OV DECISION ON - SNYDER - SDR 30- -0011/VAR 96-0016 ?Add 4 to dedicate to the public that portion of the site which is located in the 100 -Year floodway. Consequently, the site will abut a floodplain located in an industrial zone rather than a residential zone. Therefore, the 50 foot rear yard setback does not apply. With reset to the commercial use of the existing residential - building- staff would like to be certain the applicants have a clear understanding of the commercial uses that will be permitted when the existing residence is converted to commercial use. Section 18.68.030 lists the witted commercial use in the X -P zoning district. is The a of the g purposes be 1 residential building far commercial a secs wall .uses which will .not require addit,4 taana1 storage or parking area. Such uses would include animal sales and sexv-ice, building maintenance ' services, business equipment sales and services, business support services communication services, financial, insurance, and d real estate' services, laundry services, medical and dental : ervicess, professional and administrative services, and research services. Convenience sales and personal Services, day care facilities,, eating and drinking establishments, personal ervices facilities, and general retail sales will be permitted to occupy only 20 percent of the development complex on this site. Any commercial use that requires additional storage or parking will require another site development review. Finally, staff would like to call attention to the coznnients, made by the Building Division and remind the applicants that this building. must meet the Uniform Building Code and uniform Fire Code requirements for conversion to a commercial use. 'Chapter 18.100 (Landscaping and Screening) . proposal satisfies g distr ct requirement that 25 The ro osaL+ aata.efieai the l: 7E' zoning i percent of the site be landscaped. Adequate landscaping exists on the of the site northern ' y 25-30 rcent) and, with the Percent) ex eptionhoff buffering and screening requirements which are disacussed "" landscaping wixi below, adequate natural landsca in exists on the .southern half of the site where .a portion of the parcel is located in the floodplain. it a and io�nal right -of- -way' is dedicated and half- street When the addi Tigard it m y necessary to remove the existing street trees. �dZzn the event it 3.a necessary to remove the trees, the applicants will be required to replace the trees with trees subject to approval of the Planning Division. A tree removal Permit must be obtained prior to the removal of any trees Section 18.100.080 discusses buffering and screening requirements. Typical.iy, where a property totted 1 -P abuts a property zoned R -4.5 a 20 foot wide buffer is required. In this case, the Faring:, Creek floodplain is wide enough to provide satisfactory' buffering between the two zoning districts and additional buffer area will not be required. However, screening must be installed to provide a visual barrier between, the NOTICE OF DECTSION - SN DER SDR 90- 0011 /VAR 90 -0016 PAGE 5 r. residential zone to the south and the southern portion of the site where manufactured home and storage building are proposed to be located. Screening may be in the farm of a hedge, fence, or wall or landscaping consisting of at least one row of deciduous and evergreen trees. In the latter case„ deciduous trees must be at least 10 feet tall and evergreen trees at least 5 feet tall. 18.102 (Visual Clearance Area) The ';existing driveway entrance satisfies the requirements for a visual clearance areas. However/ when the additional right -of -way is dedicated and the half - street improvements installed on. Tigard street/ the driveway entrance y not meet the ar ea s tandards entrance. If this is the case, the dr�ivewa entrance will have t because of the gate that currently exists a 9 y at the eantr° q y o be brought into conformance. This can be accoitplished by 1) removing the gate entirely, 2) reducing the height of the gate, or 3) setting the gate , back from the street so that a visual clearance triangle with 30 foot sides along Tigard street on each side of the driveway and along the driveway are maintained. Chapter 18.106 '(Off -Street Parking and Loading) • Based on the uses of the site that are proposed or possible, 16 Parking spaces are required. The proposal satisfies this requirement because 17 parking spaces are provided. However, no designated handicapped parking apace or bicycle parking is proposed. Code Section 18.106.020(N)(1) requires one handicapped parking space for a parking area which contains over 5 required parking spaces. Section 15-106-020(P) requires at least one secure bicycle rack space for each 15 parking spaces. 14. revised site plan must be submitted providing for at least one handicapped space . and one bicycle parking space. 18.106 ( Access, Egress, and Circulation) The applicants are requesting a variance to the acceaal standards to allow an approximately 30 foot long portion of the driveway to be approximately 20 feet wide where 24 feet is normally required. Also requested is a variance to allow the southern portion of the driveway,' . . located he and the trooical fish business building to remain unpaved. The variances are discussed below under the "VARIANCE REQUESTS" heading. Otherwise, the proposal satisfies the requirements and standards of Chapter 18.1 06 In addition to satisfying the Code reguirements of Chapter 18-1060 the proposal must also meet the Uniform Fire Code .requirements. The applicants nts will be required to rove evidence the pp' � p- id he Fare Marehall has approved the proposed access: NOTICE OF DECXSION - SNYDER -- SDR 90-- 0011 /VAR 90, 16 PACE 6 � -t�0 • J 18.114 (Signs) Prior to the installation of any signs, the applicants must obtain a sign permit. One freestanding sign will be permitted on the site. It may be 70 square feet in area per sign face up to a t 140 squar � p �' Gtal. of �. feet and 20 feet in height. Wa; t signs are also permitted in the I -p zoning district. They are limited in size to 15 percent of the building'; face on which they are located. chapter 18.144 (Accessory Structures) The applicants request permission to construct a 1,000 square foot storage building on the rear portion of the site in the vicinity of the proposed • manufactured home. Applicable criteria are , contained' in Section 18.144.070 (Approval Criteria - Accessory Structures) . Accordingly, this storage building will have to " satisfy the setback requirements e I--I? district with all requirements �.iti.ea�ten�B � the rick and c applicable to a PrinciPal structure. The s.. tructure shall not encroach upon the floodplain_ or interfere with the use of any adjoining property It must be built in accordance with the Uniform Building ;, Code and an accessory structure permit taineda rX tore remit must be obtained. REQUESTS A r'eguest for an administrative variance must satisfy' the criteria for granting a variance found in Code Section 18.134.050. They are as follows: (1:) The proposed variance will not he materially detrimental to the purposes of this Code, be in conflict with the policies of the - , to any other applicable policies of the comprehensive p3pman t any other P® and Communit Development Code, to an other applicable Policies an, standardss and to other properties in the same zoning ,district or • vicinity. (2) There are special circumstances that exist which are peculiar to the lot size or s size Nape t topogr ashy or other circtaumBtances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; (3) The use proposed will be the same as perthitted under this'' Code and City standards will be maintained to the greatest extent possible, while permitting some economic use of the land; (4) Existing physical and natural ayetems b su eh. ad s but irited to tare.£ fig, drainage, dramatic land forms or parks Will not be adversely affected anymore than would occur- if the development were located as specified in the Code; and (5) The hardship is not self-'imposed and the variance `requested is the minimum variance which would alieviate the hardship. NOTICE OF DECISION -. SNYDER •w SDR 90 --0011 /VAR 90-0016 PAGE 7 The above criteria apply to the two variance requests that follow: Variance to Res idence The applicants request a variance to allow placement of a manufactured home on the southern portion of the site to replace they converting e. The use of the residence the. ara! convertin to co>xms:;ercial, ua g rusidence residence was app roved when the ex�:stin r�s�idence a ®a caratakere s3 residers the, City Council approved the previous site development reTiew (SDR 21_86) The current; request is made to allow the continued exi -:tence oi� a calcettaBcer s residence to be occupied by the applicants allow the use to ta#s glace- in a proposed manufactured home to be po azid to a . e located on the southern a°tion of the site When the Previous approval was granted, a caretaker's permitted y , Light, reei.adenc�e was a �saaitted use in the Heav i�zdustria]l Industrial, and Industrial Park zoning districts. A caretaker's reaidente is still a permitted use in 6a 11 bu t the Industrial Park zone as a result of an error made when the Code was la . =.t revised. In the course of the last revision the section of the Code allowing a "aing1e -family detached unit or a manufactured/mobile home" to be used as a caretaker's residence was inadvertently omitted' This error will be corrected, but in the meantime the applicants must request a variance and satisfy the administrative variance criteria. The variance request satissf ies the criteria because it will not be materially detrimental to the purpose of Title 18, be in conflict p p, any other with the policies of the cons r��hens�.ve ]Lan,, to an o applicable policies and standards, and to other properties in the area. As> explained above, there are special circumstances that exist over which the applicant has no control The use proposed is intended to be permitted under Title 18 and City standards will be Maintained while permitting some • economic use of the land. Existing physical and natural systems will not be adversely affected. Vinally, the hardship is not self -imPosed e Variance to Allow a Portion of the Site to Remain Unpaved The apjplicants propane to pave the driveway and all parking areas Iodated between Tigard Street and a point approximately 280 meet from g Street. The paved area must ettend beyond the ,p ark£ng area for the tr opical fish business at least 20 feet, as shown on Exhibit A. This will provide a ps.. ved driveway , of adequate size on which the vehicles entering and leAving the business can maneuver. The applicants Faust submit .a revised site plan showing the area to be paved, as described above and as shown on -Exhibit A. The a pp li c ant3 request a Variance .; alloW the remainder of . . the site to remain unP �ed. T hi� Variance also Satisfies the above criteria for rj vae4 The portion site proposed to remain unpaved will be used b� the No TICE OF DECISION - Si YDElt y- SDR 90 M ili /vAR 90-0816 PAGE 8 caretaker /applicants as a residence and for storage purposes. it is not expected - to experience a large volume of traffic. It will not be materially detrimental to Title 18, comprehensive plan policies, other applicable policies, or other properties in the area because the unpaved portion of the site is located almost 300 feet from Tigard Street. This distance should eliminate dust, mud, and gravel being brought onto the public street. The portion of the driveway that is to be paved will provide a finished appearance to the site's frontage. The special circumstances that exist because this portion mf the site iS proposed to be used only as a residence for the caretaker /applicants and for inside storage. froth of these uses are considered interim because the site is not fully developed. The proposed use are permitted use'. and City tandards- are maintained to the greatest extent possible while permitting some economic use of the land. Existing physical and natural systems will not be adversely affected. A hardship exists in • 'that if this portion of the site were required to be paved at this • ,time, the 'paving would have to be removed when the site is redeve]lo pe d. The variance requested is the minimum variance which'` T would alleviate the hardship. 3. Variance to Reduce the Pavement Width of the Driveway '� +a roximat�el�: portion 20 The applicants request foot long driveway to be pp ta.on i p J 300 f 3 y �' a roxixnatelest a variance g ce to allow a 30 foot long of the PP y y � feet wide where 24. feet is normally required. The remainder of the driveway satisfies the access width requirement. Code Section 18.108.150 contains the approval standards for a variance to access standards. They are as follows: 1. It is not possible to share access; 2. There are no other alternative access points on the Street in question or from another street,°, 3. The access separation requirements cannot be met; 4. The request is the minimum variance required to provide adequate access; 5. The approved access or access approved with conditions will result in a safe access; ant' �. The visual Clearance requirements of Chapter 18.102 wiLl be met. The ro s x. al satisfies theses standards because it is not possible to share access with a neighboring property at thin time.. Criteria P �' qu number 2 and 3 do not apply because the variance request is not for point . The request is the minimum the i�nt +�� access from Tigard Street„ variance required to provide adequate access. Tho applicant intends . island between the parking g ` ' for the to install a divider or � �.n; area NOTICE OF DECISION - SNYDER SDR 90-0011/VAR 90 -0015 PAGE 9 • p,.veway so ehices will have tro i.cal fish F�usa.�nese and the dr • that v to back far enough out of the adjacent parking spaces to be able to see down the driveway before entering it. The island must be a minimum of 3 feet wide and must contain landaca in p g no greater than 3 feet in height. Adequate visual clearance will be provided and the driveway will be safe- . DECISION The planning Director's designee for the City of Tigard approves SDI 90-- 0011/ AR 90 -0016 subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OBTAINING BUILDING PERMITS FOR THE FLAG NT OF THE MANUFACTURED HOME AND CONSTRUCTION of THE STORAGE! ? • Additional right -of -way shall be dedicatE1.•.1 to the Public along the Se Tigard Street frontage to increase ; the right -of -way to 60 feet • .g Y g .g d from 'the railroad right �].on the north side of the right of -way. TIPS^' description shall be tied, to the existing i right -of -way centerlie. The dedication document shall be, on City forms. instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 2. The zero foot rise floodway rtion of the floodplain shall be dedicated as greenway - open space to the City. A monumented boundary survey showing all new title lines, prepared by a registered professional, land surveyor, shall be submitted to the City for review and approval prior to recording. In additions the floodplain • bounday shall be marked with stakes to assure that no g , r d within floodplain. bubldx.n a or other structures are. locate 'thin'' the flood STAFF CONTACT: John Hagman, Engineering Department (639-4171). 3. The ap p Xzcanrs shall provide connection of the Proposed manufactured home to the public' sanitary sewerage system.' A Permit qu • the existing public connection rm►it �.� required to connect to t,h sanitary sewer system. STAFF CONTACT: Brad Roast, Building Division (639.4171) . An erosion control plan shall be provided for the installation of the manufactured home. The plan shall conform to, "Erosion Control Plans - Technical Guidance Handbook, November 1989.`° STAFF CONTACT: Brad Roast, Building Division (639 - 4171) THE FOLLOWING CONDITIONS SMALL BE MET PRIOR TO OCCUPANCY fJF THE MANUFACTURED HOME . 5 • The applicants shall provide evidence that hydrants have been installed as required by the Fire Marshall. STAFF CONTACT: Brad Roast, Building Division (639- 4171) NOTICE OF DECISION SNYDER SDR 90-00/1/VAR 90-0016 PAGE 1i • 6. The applicants shall provide evidence that the access satisfies the requirements of the Uniform Fire Code. ST 'F CONTACT: Brad Roast, Building Division (639-4171). 7 , The applicants shall provide for roof and pavement rain drainage to the public etoriawater drainage system or by an on -site system STAFF CONTACT: Brad Roast, Building Division (639. 4171). 8. A revised landscape /site Plan shall be submitted showing 1) the location of one designated handiicapped parking Bpace, 2) the location bicycle 3) the required cation 'of at least one b -c cle parking. space, screening e s i.es and location of trees to be �reeni.ng incl.�sdinc,� installed adjacent to the f loodplain, and 4) the type of led in the parking island a acen area landscaping to b� (natal. d d j t to the tropical fish bueineas parking area, and 5) full extent of the to be paved, as shown on Exhibit A. STAFF CONTACT: Vi Goodwin, Planning' Division (639-4171). a The screening required in condition no. 9 ehall be installed prior 9 p y . the to accu anc of the manufactured Vi Goodwin, Plan�'aing Division storage building. STAFF ,CONTACT: (639-4171). 10. The existing residence shall be vacated prior to occupancy of the manufactured home. STAFF CONTACT. Brad Roast, Building Division (639-4171). TEE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OBTAINING BUILDING PERMITS ` TO ALLOW A CHANGE OF OCCUPANCY OR USE OF TEE EXISTING RESIDENTIAL BUILDING. . .• p review le 11. Two (2) sets of detailed public submitted for preliminary � Profile construction drawings shall be the Engineering Degart t .; Seven (7) se of ,Gpproved drawings k�ea�t. ' and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, ,shall be submitted for final review and pp on to any drawings ra�vai. ('NaTE. these plans are in addl.ti required by the Building Division and ghoul. . include sheets c improvements. STAFF CONTACT John Hagman, relevant to pexinlic. ianpx; gir eering Department (639.4171) 12. Building permits will not be issued and construction of proposed public improvements shall not commence until after the. Engineering Department has reviewed and approved the public improvement plans p g permit n complianxce agreement and a street opening been executed. A 100 percent Performance assurance or letter non x�mit or construction had gee � of commitment, a developer- engineer agreement, the paym ent of a permit fee and a sign indtallati.on /streetlight fee are required. STAFF CONTAcT: John Hagman, Engineering Department (639_4111), 13. Standard ha�� - street imp rovements, including c o ncrete sidewalk, driveway apron; curb, asphaltic concrete paveritenti sanitary sew r, NOTICE OP DECISION -- 'SNYDER -- SIR: 90- 0011/VAR 90 -0016 pAtz 11 storm ;.drainage, streetlights, and underground utilities shall be installed along the SW Tigard Street frontage. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Gary Alf son, Engineering Department (639-4171). 14. The proposed privately- operated, and maintained parking lot and roadway plan - profile and cross section details shall be provided as part of the public improvement plans. STAFF CONTACT: Gary Alf ®on, Engineering Department (639- 4171) 15. The applicants shall provide for roof and pavement -rain drainage to the public stormwater drainage system or by an en -site System.. STAFF CONTACT: Brad Roast, Building Division, (639-4171). .s The proposed e t ' y pe« ed and maintained sanitary • sew'er and 5. r.hQ. ro awd p�.iva..e.� o at storm drainage system plan - profile details shall be provided as part of the public improvement plans. STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171)• plan provided public . control Ian shall be rmvided a® part of the publi 17 0 erosion drawings. shall conform to "Erosion Control roveuaen The plan s Plans -- Technical. Guidance Handbook, November 1989." STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 18. The applicants shall arrange for inspection of the existing residential building by the Building Division and the Fire Marshall to determine that the buildin g is in compliance with the Uniform building Code and the Uniform Fire Code's requirements for conversion to commercial use. Evidence shall be provided by the pp p that the building a lica�rst ®....that this has been. a � laved by e the Building Division and Fire Marshall. STAFF CO is T: satisfies all requirements F► CONTACT: Brad Roast, Building Divia,i.on (639- '4171). 19. In the event it becomes necessary to remove the existing street trees to accommodate street improvements to Tigard Street the ' applicants shall obtain a tree removal Permit and submit a landscaping plan showing the species, size, and location of trees that will replace the existing street trees. STAFF CONTACT Vi Goodwin, Planning Division (639- 4171)1 v 20. In the event the driveway entrance does not meet the vision qu• p _as a result of clearance* area requirements of Cade Cha ter 1�3 lU� a ements, the applicants shall be the installation of street i.mprov required to bring the driveway into conformance. This may be • y te, 2) reducing the height the accompl�,shed by 1) removing the ga g + g 3) betting the gate! back from the street a distance that gate, or 3 setti.j L 30 foot sides aloe will allow a vision clearance triangle with along the dry g �veway. r , .:. -. g both. suedes of the driveway' Ti.ga>rd Street on STAFF. CONTACT: Vi Goodwin, Planning Division (619-4171), NOTICE OF DECISION -r SN YDER - SDR 90 0011 /VAR 90-0016 PAGE 12 21. All nonoperatinq vehicles and stored- materials shall be removed from the site. STAFF CONTACT: Vi Goodwin, Plana'I ng Division (631- 4171). 22. The site improvements and remaining landscaping shown on the approved plans required by Condition 9 shall be installed o financially secured. STAFF CONTACT: Vi Goodwin, Planning Division (639 - 4171). In the event a manufactured home ia not placed on the mite, Conditions 1, 2, 4, 5, and 6 shall be satisfied prior to obtaining building Permits for the change of occupancy of the existing' residential. building. THIS APPROVAL" 1S VALID 17 EXECUTED WITHIN 18 MOTHS OF THE FINAL, DECISION DATE NOTED BELOW. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to XX The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization . XX Affected government agencies 2. Final Decisions THE DECISION SHALL BE FINAL ON - (9 UNLESS AN APPEAL IS FILED. 3. Appeal; Any party to the decision may appeal thin decision in accordance with Section 18 .32 e 210 (A) and Section 18.32.3 70 of the Coaun.ty 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 all Blvd., Tigard, Oregon deadline for filing of an anal is 3:30 pa ®. AAil S`C 28, If you City Tigard U?uestianso Iz �►u have questions, pZeas�. call Cif of 'pia Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. PREPARED BY:' Viola R. Goodwin DATE y- v: cpment Review Planner APPROVED BY: CeLth S. Liden DATE Senior Planner MoTICE of DECISION SP YDER - SDR 90-0011/VAR 90--0016 ''AGE 13 97y0 AV' 41 As h (14aA Est 47,40x. -zre0 111. Atoh.4.:27 S.W. 99th AVE. 94th AVE. S.W. 9: 92nd AVE + 461.∎44 uli ?- 4.414 L',. 1 : " j: •C' Off" " W r..1 " " R , E '� ii 414 1 90- 9O204-4'7 , AMOUNT 7 235 9 Cils,1 PUP: � %r , r'il~�l "�� ' N 1JNT i y ) 1 +ty` +•I ;j/pfy %x'/tNry;�: ti; 1 1 xw,.��y �. W Jw EY 1' «i 1'�� ✓ Pear �) /�M : c AN ..... MtN '4? 1111111111 MEMORANDUM CITY OF TIGARD, OREGON TO: Viola R. Goodwin, Assistant Planner August 9, 1990 FROM: Greg Berry, utilities Engineer�f SUBJECT: SDR 90 -11 VAR 90.16 Snyder Descriptions The applicant proposes to convert an existing single family residence for use in the manufacture and resale of woolen goods and construct a storage shed and install a ma nufactured home for a caretaker's residence on a 2.43 site on SW Tigard Street. Fi.ndinge o . The site abuts to SW Tigard Street, a minor collector street usually requiring a 60 foot right -of -way: However; since there is no need of a sidewalk along the railroad right -- of- way along the northern edge of the street ght -of -way, and half street improvements have been installed e right 50 foot wide easement, only a 50 along the arcel -to the east. within a foot wide easement should be required. The adjacent Parcel is improved with curb, sidew&lk and a paved surface that extends 22 feet from the centerline of right -of -way. After the installation of improvements; the right-of-way width was reduced from 60 feet to 50 feet by Ordinance 85-33. 2. Subsection 18:164.030 A of the Code required that streets adjacent to developments be improved. Section 18:26.030 of the Code defines development' ,ad "a building... or making a Material change in the use or appearance.. of land." Since the proporied application includes two buildings, Paving for a driveway and parking lot, and the change of use of an existing building, it is a development within the meaning of the Code. The Director may accept a future improvemment guarantee ill-lieu of p .. 'p in Paragraph c of Subsection 18.16 4.030 A of the Code are Met. It appears �Itreet im rovemen,ts if one or more of the exam tic�ns i '� that none of the requirements of the exemptions are met for the following reasons: (i) A partial improvement to Tigard Street is feasible since simi.ar improvements have been installed along the parcel to the east as well as Several other parcels along SW Tigard Street; A. partial improvement would het create a potential safety hazard; ii) (' Lip ) Similar improvements s to other nearby parcels have been and Will be inledr COMMENTS SD,.. � G11�.�BRINU C SDR 90-11 VAR 90_1 6 i Snyder Page 1Yr The improvement would not improvement plan; (v) The application is not for a residential land partition; (vi) No additional planning work is required to define the appropriate design standards. Consequently, half street improvements along the Tigard Street frontage should be required!. Storm drainage is provided by discharging to the Panto Creek floodplan . at the south of the site 4. Sanitary sewer service is provided by an existing public sanitary sewer line on the site.' The requested variance for the narrower driveway should be permitted since only about 30 feet of the driveway will not conform to the required code standards. The narrow driveway only ,serves eight parking spaces. The variance to ' allow a gravel driveway should be approved to the extent that the paving Jo not required to acc''ees the eight southern most parking spaces The remainder of the driveway only Serves the caretaker's residence and is temporary.' 7. Although required by a previous application (SDR 21-86) the floodplain in the site has not been dedicated are greenway, Recommendations: Two (2) Sets of detailed public improvement plans and profile construction drawings Shall he submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, Shall be subfitted for final review and approval (NOTES these plans are in addition to any drawings required by the tuildiftg Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagmani Engineering Department (839.4171) 3uliding permits will not be issued ' and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement hag been exeduted4 A 100 percent performance assurance or letter of Commitment, a developer - engineer agreement, the payment of a Permit fee and a. Sign inatallattotietreetlight fee are required. STAFF CONTACTi Jon Hagman Engineering Department (659-4171). s Additional right --of -way shall be dedicated to the Public along the SHIT Tigard Street frontage to increase the right -+of -way to S0 feet from the ENGINEERING COMMENTS - SDR 90 -11 VAR. 90-16, Snyder - Page • . 0 railroad right -of -way along the north side of the right -of -way. The description dedication document docum� be tied to the existing right -of -way centerline. The shall be on City' forms. Instructions are available CT. John Hagman, Engineering from the Engineering Department. STAFF CONTACT: Department (639-4171). ' Standard half-street imp t� including concrete sidewalk, driveway ap ron curb, as halt zcconcrete p avement, sanitary sewer,; storm drainage, fights, and underground utilities along the SW streetl �s shall. be installed Tigard Street frontae. Improvements shall be designed and constructed to frontage. g nd co , 9' of minor collector. street standards and shall conform to the alignment o. existing adjacent improvements or, to an alignment approved by the Engineering Department. STAFI? CONTACT: Gary Aifson, Engineering Department (639 - 4171). . The proposed privately - operated and maintained parking lot and roadway Plan-Profile and cross section details shall be provided as part of the public improvemen''. plans. STAFF CONTACT: Gary Aifson, Engineering Department (639- •4171)" • The area below the 100 -year floodplain elevation shall be dedicated as greenway -- open space to the City. A monumented boundary survey showing all new title lines, prepared by a registered professional, land surveyor, shall be submitted to the City for review and approval to recording. STAFF CONTACT: John Hagman, Engineering Department (639 -4171 ) . • The applicant shall provide for roof and pavement rain drainage to the Public stormwater drainage system or by an on- site system. STAFF CONTACT: Brad Roast, Building Division (639- 4171). • The proposed privately operated and maintained sanitary sewer and, storm drainage plan -Profile f. ile etaiis shall be provided as part of the public improvement p iano STAFF' CONTACT: Greg Berry, Engineering Department (639 - 4171) 9 • The applicant shall provide connection of the proposed manufactured home to Public g y connection permit is required o the ubl�c sanr.tar sewerage s stem. A � con to connect to '. ° existing public sanitary sewer system. STAFF CONTACT :' he Brad 'Roar g (639-4171). t+, B�tf.�:din l�ivi� ion 10. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans. Technical Guidance Handbook, Nove►.ber 1989." STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171) APPROVED Randall Ft. Wooley, Cit ngineer n \gb \sdr90 -1.1 ENGINEERING COMMENTS SDR 90 -11 VAR 4.r 90 -16,, Snyder - Page' TO: lG REQUEST FOR CAS FROM Tigard Planning Department DATE: July 18 1990 : SITE DEVELOPMENT REVIEW SDR 90 =0011 VARIANCE VAR 90 -0016 SUE SNYDER (NPO #2) A request for Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow t of a manu f actu ondu Fcaretaker's residence placement red home on the site for a associated with the various , industrial uses on the property. In addition square foot building used t� the existing single family residence, a 2,800 for a wholesale tropical fish business exists on the' 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers' residence 2) allow a two -way d r vew remain less gravel. � feet lin width; and 3) allow a Portion of, the site g - . (Industrial Park) LOCATION: lot '` 9740 SW Tigard Street WCTM 2S1 2BA, tax to 501) cr 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. you application, need y comments by Orul 3n, If ou wi � Your 1990- You Yna use the s" aee rov wish to �COmment on P p d�.d blow or attach a separate letter to this a i o y return your comments. If' you are unable to respond d, _ he above date please your co and confirm your P possible. If you Phone the staff contact with mm noted below g - any regarding ble. Comments in writing as soon ad c�ss�., p 13125 SW r Department; PO Box 23397, this 'clatter, contact the Tigard HONE: 639 -4171, Hall E1vdd' Tigard, OR 97223. �', STAFF CONTACT: Viola R. Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. lease coritact. of our .office. Please refer to the enolosed letter. Written comments: Name of Person w Commenting :. � 4I phone Nuimber o ��.. .., �,w � � . �. b)Cm /SDR90 -11. BKM G 1 3 1990 1 .M MEMORANDUM CITY OF TIGARD, OREGON TO: Viola R. Goodwin, Assistant Planner FROM: Greg Berry, Utilities Engineer DATE: August 3, 1990 SUBJECT: SDR 90 -11 VAR 90 -16 Snyder Descri tp i ©n: The applicant pro ores to convert an existing g single family ' residence for use In the manufacture and resale of woolen goods and construct a storagte shed and install a Manufactured home for a caretaker's , residence on a 2.43 - site on SW Tigard Street. �'indncL�z s The Site abuts th SW Tigard Street, a minor collector requiring a 60 foot right- of,.way from the railroad right of way along the northern edge of the street right -of-- way.; Subsection 18.164.030 A of the Lode requires that streets adjacent to developMents be improved, Section 18.26.030, of the Code defines clevelopmentas "a building... or making a material change in the 'use or appeatance.., of land. "' Since the proposed application included two buildings, paving for a driveway and parking lot, and the change of use of an existin g d i l dig it is a d�velo r � within meaning o tof Code. The Dirctor . ma y acce t a future m vementguarant�� n Usti of ,. street improvements if one br Fiore of the exemptions in Paragraph c of Subs 24.030 A of the Code ection 18.1624.030 are met. It appears that none of the regiirementd of the exemptions are met fcir the following reasons: A partial. i :provement to Tigard Street is feasible since siuilar well as several other ay.. installed along the parcel. to the east ad Parcels ch'+s e arcels along SW Tigard Street: im rovemen . s have been (ii) A Partial improvement would not create a potential ntial Safety hazard;' (iii) Similar improvements 'to other nearby 'paroels have been and will be installed; Div) The improvement would not conflict with an adopted capital improvement plan; (v) The application is not for a' residential land partition; and, ENGINEERI TJ�t 90-11 VAR 90 -16, Snyder Page 1 NG COMMENTS � 5 • 9. (vi) No additional planning work is required to define the appropriate design standards. Consequently, half street improvements along the Tigard Street frontage should be required: storm drainage is provided by discharging to the Fanno Creek floodplain at the south of the site. Sanitary newer, service is provided by an existing public sanitary sewe v line on the site The requested variance for the narrower driveway should be permitted since only about 30 feet of the driveway will not conform to the required code standards. The narrow driveway only serves eight parking spaces. The variance to allow a gravel driveway should be approved to the extent that the ,c southern most parking he paTheg remainder of access eight driveway only serves the caretaker's residence and is temporary. Although required by a previous application (SDR 21 -86) the floodplain in the site has not been dedicated as greenway. Recommendations 1. Two (2) sets of detailed public improvement plans and profile eonstryction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer: shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). Building permits will not be issued and construction of proposed public p commence until after the Engi neer g p nt has a.m rovernents shall not c Engineering Department reviewed and approved the public improvement a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer- engineer agreement, the payment of a permit fee and a sign installation /streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). right-of-way 6l d along the SW Additional shat, l be dedicated to the Public al Tiga' Street frontage to increase the tight-of-way to sror the railroad right-of-way along the ., right -of The 9 Y g he eK3 ,st�.ng��.aght��of��vayricht Pf,��r�..... The description shall be tied to the dedication document Shall �n City forms . I1`istr uctions are available ailab le from theEng ineering Department. STAFF CONTACT: John Ha gman, Engineering Department (639- 4171). ENGINEERING COMMEN S `- SDR 90 -11 \'AR 90 -16, Snyder - Page 2 Standard half- street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Tigard Street frontage. Improvements shall by designed and constructed to minor collector. street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: Cary Alfson, Engineering Department (639-4171). 5. The proposed privately - operated and maintained parking lot and, roadway Plan-Profile and cross "section details shall be provided as part of the Public improvement plans. STAFF CONTACT: Gary AlfSon, Engineering Department (639 -4171) 6. The area below the 100 -year floodplain elevation shall be dedicated as reenwa openbs ace to the City. A monumented boundary survey showing g Y P. Y boundary all new title lima, prepared by a registered pr - osional, land surveyor, shall be submitted to the city for review and approval prior to recording. STAFF CONTACTS John Hagman, Engineering Department (639- 4171). 7. The applicant shall provide for roof and pavement rain drainage to the public etor maater drainage system or by an on -site system. STAFF CONTACT. Brad Roast, Building Division (639 - 4171). 8a The proposed privately operated and maintained sanitary sewer and storm drainage system plan-profile detaile Shall be provided as part of the public improveme nt p lan s. STAFF CONTACT Greg Berr y , Enaineering Department (639-4171). 9. The applicant shall presvide connection of the proposed manufactured home r to the public sanitary sewerage system. A connection permit is reguirad to connect Ito the existing public sanitary Sewer system. STAFF CONTACT: , . ( 83 9- 4171) Brad Roast, Building Division 10. ;rol plan shall be provided ail part ©f the public An erosion coat P zidancrg Handbook, p n shall conform to Erosion lane Technida nOtidan r, s. dbo..., November 1989." STAFF CONTACT: Greg Berry, Engineering bepartent (659-4171). APPROVED Randall R. Woolsey, C Engineer i \gb \sdr90 ..1. ENOINEERINC COMMENTS - sr i 90 -11 VAR 90 -16, Snyder Page 3 JULj SS`s' ; FOR COMMENTS TO: '' / ' i, VWVt .111 t Nk!'; DATE: Jru3.v lg. 1990 FROM: Tigard Planning Department ontommili ARM CPMMU N1CATTj y COMMIS toil RE: SITE DEVELOPMENT REVIEW SDR 90-0011 VARIANCE VAR 90 -0016 SUE SNYDER (NPO #2) A request for Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of woole:a goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow Placement site for a caretaker's residence lace�nent of a manufactured home on the sit associated with the various industrial uses on the property. in addition to the,existing sin gle familY residence, a 2,800 s qu are foot build ing used for 'a wholesale tropical fish ' business exists on the 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers' residence; 2) allow a two -way driveway less than 24 feet in width; and 3) allow a 'Portion of the site to remain gravel. ZONE: -P (Industrial Park) LOCATION: 9740 SW Tigard street (WCTM 2S1 2BA, tax lot 501) Attached pP your From hed �.s the Site Plan and a� licant s statement for our , review• 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, we need your comments by e 3 , 1990. You may use the space provided below or attach a separate letter to return your Comments. � _ rt are unable - t o ,re. onl by the above datec. please, phone the staff contact noted below with your comments and confirm your in writ, comments i writing as soon as possible. If you have any questions regarding this matter, contar,'c the Tigard Planning Department, PO Box 23397, 13125 BW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: _.Viola R. Goodwin PLEASE HECK THE FOLLOWING ITEMS THAT APPLY: proposal 7 ,t. We have reviewed the ro coal and have no ob , ections to i w< Please contact of our office. Please refer to the enclosed fetter. Written comment n: Name of Person Comment .n Phone Number: bxm /SDR90 --1a e BKM • litCEItI D PLANNING AUG 21990 REQOEST FOR C{» MLiNTs TO: IVeft. DATE: Jul' 18 1990 FROM: Tigard Planning Department RE: SITE !DEVELOPMENT REVIEW SDR 90- 0011 VARIANCE VAR 90-0016 SUE SNYDER #2) A request for Site Development. Review approval to 1) ^. (NPO �2 Sit ,Convert an existing single family residence for use in the manufacture and retail of woolen goods; 2) construct a 1,000 square g shed for sale g s are foot storage buBineases conducted by the owners of the site; and 3) allow placement of a manufactured home, on the site for a caretaker's reE►idence associated with the various industrial uses on the property. In adldition to the existing single family residence, a 2,800 square foot building used for a wholesale tropical fish business exists on the 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers' residence; 2) allow a two -way driveway less than 24 feet in ,width; and 3) allow 'a portion of the site to remain gravel. ZONE: I -P width; (Industrial Park) LOCATION: 9740 SW Tigard Street (WCTM 2S1 2BA, tax lot 501) Attached is the Site Plan and appplicant's statement for your review- From information supplied by various departments and agencies and from other information f is a report and recomMendation available to our staff, p will be pr p : i7 proposal future. If� you wia h to comment on i rid ; be rendered on the ro , sal: in the near future y o this' application , we need your comments by 3ulp► 300 1990. You may use the space provided below or attach ,a sei ate letter to return your comments. If you . are unable to respond by the abo date, please phone the staff contact noted below with your comments anti, onfirm your comments in writing as soon as possible- If'youihave any guesti: ins regarding this matter, Contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd.,' Tigard, OR 97223. PHONE: '639 -- 4171, STAFF CONTACT: Viola R. Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please , contact Of our office. Please refer t0 the enclosed letter. Written Comments.` " Name of Person commenting: Phone Number: b /SDR90 -11. BKM 4 P. SDR 90 -0011 o The existing residence to be converted to a business use, must comply with the applicable codes for such change in use. An inspection of the existing residence will be required by the Building and Fire Dept. for requirements. o It should be made clear to the applicant how much of the parking and drveway must be paved. o If the Mfg home is to be converted to a business use, it must comply with the applicable codes. o The applicant must be required to locate and stake the location of the 100 Year flood lain, to done that no structure will be located within it. .� p gu staking one by a surveyor. BUILDING DIV •z is M1� TO: ` 0tr RFQUEST FOR. COMMENTS Cc,. ,l < �� DATE: July 18, 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90-0011 VARIANCE VAR ; 90 -0016 SUE SNYDER (NPO #2) A request for Site' Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale ;of woolen goodo 2) >construct,a 1,000 squaie foot storage .shed for various businesses conducted by the owners of the site; and 3) allow placement of a manufactured home on the . site' far a caretaker's f residence associated with the various industrial uses on the property. In addition to the existing single family residence, ,a 2, 800 square foot building used for a wholesale tropical fish "business exists on the 2.43 acre site. , Applicant also requests Variance approval` to .2) allow the relocation, of a c :!ret kern' residence, 2) ,110w a Y driveway 1cV t.ha 24 fact n Taro -w�a d .v.. width; and 3), allow a portion of the site to remain gravel. ZONE: I -P (industrial Park) LOCATION: 9740 SW Tigard Street ;(WCTM 2S1 2BA, tax lot 501) • :� ants s ;,''our review. From e departments and Attached is the Site Plar. and a tat applicant's o a,nfora�at�:on supplied . by various � d agencies and from other information availebl� a report 'And recommendation' will be e to ill be rend' r staff, re aced and a decision w' future. u P p eyed on 'the ;proposal' in -the .near, fu Y .. this application, we need your `fin � by tt 3! If you wish to comment on v 1990. You ma use the s ace Provided below or attach � �' . y p p ach a separ ,>., er to return your comments« zf von are unable 'to respond �a „a�'�ve dates p.eaee phone the g Contact' noted belo with y our commits and, confirm yo ur comme .e in writi ng assoon as Possible. If you have any q ue9tions re g and ing this matter contact the 'Tigard Planning De F artment PO Box 23397, 13125',t$1, Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAVE' CONTACT': Viola '.R. ±Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have review proposal b j wed the and have no objections to it. Please contact of our offiey Please refer to the enclosed letter+ Written Comments Name of ., erson Commenting' r NuMber ikm /50R90 11. BKM ; JUL 24 1 � �Z. TO s SST FOR COMMENTS DATE: July 18, 1990 FROM: Tigard Planning Department RE: SITE DEVELOPMENT REVIEW SDR 90- 0011 VARIANCE VAR 90- 0015 SUE SNYDER (NPO #2) `' A request for Site Development Review approval to 1) convert an existing , single family residence for use in the manufacture and retail sale of woolen goods; 2 t onstruct a 1,000 square foot storage shed for various businesses conduc :ed by the owners of the site; and 3) allow placement of a manufactured home on the site for a caretaker's residence associated with the various ous 'industrial uses on the property. In addition to the existing single family residence, a 2,800 square foot building used for a wholesale tropical fish business exists on the 2.43 are site. Applicant ' requests riance approval to 1) allow the relocation of a pp . also r� eats V caretakers, residence; ence; 2) allow a two -way driveway less than 24 feet in width; and 3) allow a portion of the site to remain gravel. ZONE,: I-P (Industrial Park) LOCATION: 9740 SW Tigard street (WCTM 2S1 2BA, tax lot 501) Attached lan and applicant's statement for your ttached ass the Site Plan ur nevi ew. From information supplied 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. IfYou wish to co y comment on this apxilications we need your '. its by July 30 1990. 1 ,7 ,away use space p below cr attach a separate letter to return se the s ace rov�.ded be your comments .f _m X he above date, please . y phone the staff contact noted below 1 with r your n coilirrienta and confirm your comments in writing as soon as possible. If You have any questions regarding , Tigard Planning Department, Po Box 23397, 13125 SW this matter contact the 7i and Pl ni Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT Viola R. Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We halve reviewed the proposal and have no object ions to it Please contact of our office. Please refer to the enclosed letter. r Wr ttenl Comments • A � � rko 0 wi 0-1(+.'^'. �vr f taws i.,yr u,�+wrrrnio., . xya. �.. � �w�,�� 1 % � r 9 w f D d f . AR �.? �7ii.:,.. 1� * .. c 1 s 1' 4' � y I . . ' M Name of Person dom nenti.. n Phone Number: �i ,!^1 ,,, ia,- +rrr bkm /SDR90 -11 BKM • ,a ,F,.S a ......�. REQUEST FOR STS l(r, DATE: July 18, 1990 FROM: Tigard Planning Department : SITE DLVELOPMENT REVIEW SDR 90 -0011 VARIANCE VAR 90 -0016 (NPO *2) A request for Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of woolens goods; 2) construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow placement of a manufactured home on the site for a caretaker's residence associated with the various industrial uses on the property. In addition to the existing single family residence,, a 2,£_" for ia wholesale tropical fish business exi Applicant also requests Variance approval to caretakers' residence; 2) allow a two-way d: width; and 3) allow a portion of the site to (Industrial Park) LOCATION: 9740 SW Tigard S. 501) SUE SNYDER Attached le the Site Plan, and applicant's staters information supplied by various departments an( I information available to our staff, a report s Beaverton, erton,Ore{�on970Q5 prepared and a dec;ieion will be rendered on the p aT55s,t��, Griffith Drive If you wish to cor.'ment on this application, we nee; -your' corgifieait i by ;tiny A , 1990. you may use the space provided below or attach a separate letter to return Your comments. zf uou are ,unable to restpond by 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 Hall Blvd. , Tigard, OR 97223. PHONE: 639 -4171. TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE I)EPARTMVIENT 10°A414 GENE IIRCHILL Deputy Fire Marshal/ Playas Examiner 503.526 -2502 FAX 526 -2538 STAFF CONTACT Viola R. Goodwin: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal, and have no objections to it Please contact [of our office. Please refer to the enclosed letter. written Comments'_ r� �.,��w•e, LS : el- Z Ph-00 tr i s „e-S, 9..t.c2 Li I 0 04/ r r, anme of Person Commenting: Phone Nllmber: bkm/SDR90-11 0 BKt iv 5-5 .�-► � t o ' -- C- ?.�.Z..! t �? Vic. t mod- TO: EST FOR CATS l %t DATE: Jul 18 1990 FROM: Tigard Planning Department tE: SITE DEVELOPMENT REVIEW SDR 90- -0011 VARIANCE AR 90 =0016 SUE ``SN'YDER (NPO #2) A request for Site Development Review approval to 1) convert an existing single family residence for use in the 'manufacture and retail sale of woolen goods, 2); construct a 1,000 square foot storage shed for various businesses conducted by the owners of the site; and 3) allow placement of a manufactured home on the site for a caretaker's residence associated with the various industrial uses on the property. In addition to the existing k.ingle family residence, a 2,8°0 square foot building used for a wholesale tropical fish business: exists on the 2.43 acre site. Applicant also requests Variance approval to 1) allow the relocation of a caretakers' eaid ercc • 2) allow a two-way w dries: cway less than 24 feet in width; and 3) allow a portion of the site to remain gravel. ZONE: I -P (Industrial Park) LOCATION: 9740 SW Tigard Street (WCTM 2S1'2BA, tax lot 501) Attached is the Site Plan and applicant's staterent for your review. Frog , information supplied by various departments and agencies and from other information av a ilabl® to our staff, a re p ort 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, we need your comments b �u 3ti 1990. You may use the space provided below or attach a separate letter to tu unable to res , please Y � P phone the staff contact noted below with your comments and date return your comments. if you are and by the above P confirm your comments in writing Possible- If You have any questions regarding ritin as soon as oss�.ble this matter, contact the Tigard Planning Department, PO' Box 23397, 13125 SW Hall Blvd., Tigard, OR 9/223. PHONE: 639 -4171. STAFF CONTACT: Viola R. Goodwin PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XX We have reviewed the proposal and have no objections to it, Pleaae 'contact of our office. Please refer to they enclosed .►kt:der written comments: However, two additional water meters will be need.ed to supply water tc the nianu.factured home, and square :foot building. 2,800 Name of Person CocYunfent" .. g• �� y n John P: Mille .Administrate Phone Number: 639-3516 bkm /SDR90- 11KcS vaf • a PROPOSAL DESCRIPTION FILE NO: SDR 90-0011 / VAR 90 -0016 FILE TITLE SUE SNYDER APPLICANT. SUE SNYDER 9740 SW TIGAR,D STREET TIGARD, OR 97223 OWNER: SAME. REQUEST: Applicant requests Site Development Review approval to 1) convert an existing single family residence for use in the manufacture and retail sale of woolen goods; 2) construct a 1,000 square foot storage shed for various by the site; and 3) allow placement of a businesses conducted b the. owners of th manufactured home on the site for a caretaker's residence associated With the various industrial uses on the property. In addition to the existing single fish business exists on the 2.43 acre site Applicant also requests Variance two-way driveway le' - of a caretakers residence; 2) allow a approval to 1) allow the relocation o t Y y ss than 24 feet in 'width; and 3) allow a portion of the :amity residence, a 2,800 square foot building used for a wholesale tropical site to remain gravel. LOCATION: 9740 SW Tigard Street (WCTM 281 2]3A, tax lot 501) ZONING DESIGNATION: I -P (Industrial Park) COMPREHENSIVE PLAN DESIGNATION: I (Light Industrial) NPO NO: 2 CHAIRPERSON: John Capac3. PHONE: 620 --8494 .�.._X STAFF DECISION PLANNING COMMISSION DATE _/ / TIME HEARINGS OFFICER HATE /w /� TIME CITY COUNCIL DATE __/__4_- TIME _X REQUEST FOR COMMENTS (thee attached list) RETURN BY /_ /_, ATTACHMENTS: VICINITY MAP LANDSCAPING PLAN X NARRATIVE ARCHITECTURAL PLAN S IM PLAN, STAFF CONTACT PERSON: Vi Goodwin PREPARE FOR PLANNER APPROVAL: X ADVERTISEMENT TIMES /./ r OREGONIAN X NOTICE TO PROPERT1t OWNERS TO BE MAILED / / LETTER OP ACCEPTANCE OE APPLICATION _/ /_ NOTICE TO DLCD -- ATTACHMENTS NARRATIVE SUE SNYDER SDR 90- 0011 Two existing buildings are located on this site. The northernmost building on the site is being used as a residence. This building will be the future site of a woolen goods manufacturer (Ann.'s Yarn Gallery) and is approximately 2,000 square feet in size,, The larger building to the south is approximately `2,800 square feet in size and will continue to be occupied by a tropical fish wholesale business. The applicant is also requesting to locate a storage building of approximately 1,000 square feet in size and a manufactured home on the southeast corner of the site. The storage shed would be used as auxilliary storage for the businesses located on the site. The manufactured home would be used as a residence, business office and for Security _purposes. The actual positioning' of the two structures will be determined by the zoning setbacks and location of the fl.00dplain. The undeveloped portion of the site is covered with either gravel or plantings and trees The applicant also requests Variance approval which would allow three thingsz To allow the relocation of a caretakers' residence from the northernmost building on the site to the proposed new manufactured home on the southern portion of the site. 2. To allow a two-way driveway drivewa access on the western boundary of the site to be constrcuted at less than 24 feet in width while the Code requires a minimum of 24 feet. 3. To allow the unpaved and unlandscaped portion of the site to remain graveled. c. TO THE FILE, if; MAY 2 3 199 n CITY ( I 'GA RP P PLANNING DEPT. r n, e1 , Agency and `°iv'0 Comments. The Engineering Division has the following comments; During future development of the site, care must be taken not to encroach upon the existing sanitary sewer easement. Since a portion of the property is within the 100 year flood plain, no grading, filling, or landform alteration should occur without 'City or necessary U.S. Army Corps of Engineers approval. The existing gate and landscaping material at the driveway entrance conforms with visual clearance requirements but care should be taken to maintain adequate site distance at the driveway intersection. Tigard Street is designated as a minor collector street and the right -of -way requirement is 30 feet from the street centerline Half- street improvements to minor collector, standards should ' be constructed along the Tigard Street frontage. The improvements Will match those immediately to the southeast. The Building Inspection Division has no objection to the proposal. The Tualatin ,Rural Fire Protection District notes that a fire fighting water supply must be provided as required by the Uniform Fire Code. la other comments have been received ANALYSIS AND CONCLUSION The proposal os c y consistent with the requ irements of the CommunitY Develo nent Code. However, several items are worthy of further d i sr Permitted Uses The residential use is appropriate since a residential unit is Permissible for a watchman or supervisor. The wholesale and mail order sales .s also permitted in the I--P zone but the applicant 'should bear in mind that 'retail sales on site must be an incidental aspect of 'the: business not to exceed 20 percent of the square footage of the ,'. rear building. NOTICE' OFH. DECISION — SDR 21. --86. and • RAGE 2 ,Y14 / ., 4 (102.11•4314•S ) ° 061/.- ti a,/a 0 /0 �a a 10101, , ,,9 009 m 6g066a 5'Zai' z -4 0 r U' 0 a 001 '6 )r15- 134 R= ,* E.S 1 "3/S'S Iv/EST) 61-11-g 7 E 5E As A kth LESALE 414 -- (5.401t tdEs'r) .,,CIRCULATE. BR JH Rte • GA RC ,O "a CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PRE — APPLICATION CHECKLIST Date """�` 17""' APPLICANT ' PROPERTY LOCATION Address C(1, C V . 4 Tax Map /Tax Lot k /air �;)2D)1 PROPOSAL DESCRIPTION/NECESSARY APPLICATION(3) «.r.sTE � wAM A %,4 g ik. AV � , � 9" o : 4. '� fig _ y� � �d ►°' s t ;fry i t y � �.. 1,50 Ct Whir At; Existing ,. ,: ,err' v - + ,< (.. . , ', „s"' '° „ ' b Adjacent Property north nor south east West COMPREHENSIVE PLAN DESIGNATION L4 at >> • ZONING DESIGNATION NEIGHBORHOOD PLANNING ORGANIZATION! NO. ,. CHAIRPERSON. PHONE . CODE REQUIREMENTS Mi.nirnum lot size/width Setbacks'. ron t � )� cornew side rear r y ,,�,,d-= L Special setbacks: streets establiashed areas lower intesity zoes � A. n n ,:.;F wetlands flag lot accessory structures zero lot_, line `1'1ax zmUtti l.ot &Overage 'I ctr 4 fi .Special height limits a lot other Oens L ty calculation Oensit! transition minima % of lot area ...__._' Street Trees '.�, �y • . Buffer Areas Park ing Areas Ha Visual clearance J s e , : h , , a d ct Parking and loading � tit rn`' �. tia i b 4v, g N 4.4 v t' ' g! .,l , - k o,yn "GdY Access and circulation e > C « 9 i /5 in vv'L c `, 1 rtw� Ia c Signs 41?"s�'r,o�# . • 1icLtiOn checklist for specific items) oT'�6ER c�c»usz ®Et�A"�CUfl1S (See app .s mow: S�ositiVe lands - floodplai Irainag?may slope; ,,...... Wetlands *,.. . Ar+.n space Historic overlay Street .mpr ottements /mo eetianObik s Right-of-way ded icatf on ,ti-- Sani.tar y .Sewer improvement Storm Sewer impepov4ments 4. pti olt,c...r✓ JI 'ke ide . 1, 'improvement Agr=eement -- Per i.t; Bonds; Fees Other agency permits 10. `"PR(EOIJRE Administrat'iit'e staff. revieia ... eublic •Hear'.ing /Hearings Officer Public pearittgiPlanning Commis,Lon The Ad ainaskratxve decision or 'Public Hearin shall occur approXimatel.y 30 days after a complete application is filed,. A °4(14471 appeal Period .f01104.43 all decisions. (05/3P/0022P) SiQyq;e-m Staff 1 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. Gee your application for further explanation of these Items or call Planning at 639-4171. BASIC MATERIALS Fl) Application form (1 copy) B) Owner's signature /Written authorization C) Title transfer instrument D) Assessor's map E) Plot or site plan F) Applicant's statement. cletle ,6+"\ �g (G) List of 'property owners & adJresses within 2 0 fiet (1-1) Filing fee ($ trxte ITEMS TO BE INCLUDED C> L SPECIFIC MATERIALC; Site nfor•mati n showi rici (No of copies ____j: L 3 1) Vicinity: Map L 3 2) Site 'size & dimensions [ 1 3) H,Contouh lines (2 ft at 0—i0% or 5; ft =or grades > 10%) [ ] 4) Drainage patterns', courses, and ponds; [ '3 5) Locations_ of natural hazard arnas'inciudirg: a) Floodplain areas' i [ '3 b :Slopes in excess of 25% [ ] c) i Unstable ground [ '1 d) ,Ares with high seasonal Water table [ 3 e) Areas with severe soil erosion potential [ ] f) Areas having severely weak foundation soils [ ;3 as s r .hensive 6) Location ,of resource areas a h ow n o rt the Com P Mays inventory including: a) Wildlife habitats [ ;1 b) Wetlands [ 1 /j- Other site features a) Rock outcroppings L 3 b) Trees with 6" + caliper measured 4 feet from ground level [ '3 8) Location of existing structures and •llheir' uses [ 1 9) Location and type of on and Off —site noise sources 1 3 10) Location of existing, utilities and easements [ _3 11) Location of existing 'dedicated right—of—ways , L , 0 Si•t e Develo merit ,Flan showing (No of copies ) a 1 1) The proposed site and surrounding properties [ „J* 2) Contour line intervals 8 The location, ' dim ensions and names of all: a) Cxisting,4 platted streets & °other public ways' and easements on the site and on adjoining p p ro erties 'tPPLXCA'1 x0N CI-11 :C1 L:EST �- !Page , 1 4 b) `lsroposed streets or other public ways & easements on the site. c) Alternative routes of dead end or proposed streets that require future extension 4) The location and dimension of: a) Entrances and exits on the site b) parking and circulation areas c) Loading and services areas d) Pedestrian and bicycle circulation e) Outdoor common areas, f) Above ground utilities 5) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements,, 'utilities and easemen,:.; 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 n he s i -i. e 6) ! Storm' drainage facilities d t 3 -s —of 7) Sanitary sewer facilities 8) The location of areas to be landscaped' 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes 11) The location of all structures and their orienta ion 12) Existing or proposed sewer reimbursement agreements C) Grading Ilan (No, of copies . ) `1 "h° sate development plan shall include'' a grading, plan at the same scale as i :he 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 stabilization proposals,' and time of year it is proposed to' be done, 2) A'Istatement 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) That all °Problems will he mitigated' and how they will be mitigated Y' [ J 0) Arohi tectural Orawings (No, of copies [ ) c 7 The site development plan proposal, shall include: 1)_ Eloor 'plans indicating the square 'footage of al "lram. , structures proposed fur use oh —site; and 2) Typical elevation drawings' of each 'structure, E Evr c cl E E3 c� c E` t E) Landscape Pl, ah `(No, of copies c 3 The landscape plan shall be drawn' at the same scale of the site analysis plan or a larger scale i.-F necessary and shall indicate; 1) Description of the �rr a�at�on s y s tem who e re applicable 2) Location and height of fences, "buffers and ,screehings L I �PLICATION CIIECI LxcT 3) Loc t:.ion of terraces, ` decks, shelter ,,. play areas and common open spaces [ ] 4) Location, type, size and species of existing and proposed p lant materials, [ ] The landscape Plan shall include a narrative which addresses: 1) soil conditions. [ ] 2) Erosion control measures that will be used. [ ] 1=) Sicjn Drawing Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development: Review or prior to obtaining a Building Permit to construct the sign. [ ] Traff is g aeration- estimate Preliminary partition or lot line adjustment map showin (No. of Copies ) 1) The owner of the subject parcel 2) The owner's authorized agent 3) The map scale, (20, 50,100 or 200 feetw:1) , inch north arrow and date 4) Description of parcel location and boundaries 5) Location, width and names of streets, easements and other Public -ways within and adjacent to the parcel 6) Location of all permanent buildings on and within 25 feet of all property lines [ ] 7) Location and width of all water courses [ ] 8) Location of any trees with 6" or greater caliper at 4 feet above ground leve]. C 9) All slopes greater than 2b% [ ] 10) Location of existing utilities and utility, easements [ ] 11) For major land partition which creates a public street: a) The proposed right—of—way location and width [ ] b) A scaled cross.—section of the proposed p o osed si.reet plus any reserve strip [ 3_ 12) Any applicable deed restricti.onu [ ] 13) Evidence that land partition will not Preclude efficient future land division where "applicable Subdivision Preliminar plat Mafia and d'Ata showing(No, Copies ) 1) Scale equaling 30 50,100 or 200 feet to the inch and limited to one phase per sheet C :' 2) The proposed name of the subdivision [ 3) Vicinity map showing property's relationship to arterial and collector streets [ ]' 4) Names, addresses and telephone numbers of the owner developer, engineer, 'surveyer, desi.gher, as applicable[ 5) Date of application [ 6) L3oundary lines of tract to be subdivided [ 7) Names of adjacent subdivision or names of recorded owners of adjoining parcels of unsubdivided land 8) Contour lines related' to a City- established bench- mark intervals for 0-10% grades greater htarl� at _foot x��7tert;a than 10% C 3 C] C3 C [ C3 [3 C], APPLICAT ON .CHl�Ci4LI$T page 9) The *purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision); G 3 a) Public and private right—of--ways and easements [ 3 b) Public and private sanitary and storm sewer lines [ 3 c) Domestic water mains including fire hydrants [ d) Major power telephone transmission lines or greater) volts � g ) [ ] e) Watercourses [ ] f) Deed reservations for parks, open space, pathways and other land encumbrances C 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 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, C 3 13) scaled cross sections of proposed street right -of -way;„ [ ] 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 [ 3 16) The proposed lot configurations, approximate lot dimensions and lot numbers.' Where loses are to be used for purposes other than residential, it shall be indicated up on such lots' [ 3 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any [ 3 18) The existing uses of the property, including the loca�:ion of all structures and the present uses of the structures, and a statement of which structures are to remain after , platting r 19) supplemental information including: a) Proposed deed restrictions (if any) C 3 b) Proof of property ownership [ 5' c) 6 proposed plan for provision of 'subdivision improvements C 3 20) Existing natural features including rock out - croppings, wetlands and marsh areas. E 1 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be F incorporated into a narratiu e and submitted with the application, [ I a) Other Informatio [ (2362P/0028P) APPLICATION CHECKLIST — Page 4 390 354c. CS. 13,833 / ,t,. t � AC v N n c% �o / tip" , /. 644c. 11 a' ' , �e .•' / /a"' i 1400 of 0•11: 50i ft o p `, so I 0 / 600 '� ar,, 61 ti a =°��: c4o�, �a � es y/ 6Ros0 0 / �2. As 500 /.80°7°.4c.' 43Ac 'w w v' /a 0 = tGS. NA. 0!7!03 / 304 t ��/b �, 2.46.11c. Qh Ir M. °f oa m it Ai •9//• .rte,` f a I °' ,, ' / / z.t /4 Etoo ,.. N 'a SMot9 ,, o B �o �o E �4u 69 el 3 m� Ir !4© %yap hsW . 14 oZ AC. b,. e h 2.,21001Ac, 4 0 ` 150.07 ,.s4 15073 0 c. .044c 1.60$ `' (C�,S. No_U449) �'n �c 1j 04 Ac '. WASHINGTON COUNTY OREGON SCALE .I4'= IOW 0. ' ir 04 0 ,,is, ca_ u nTll y ,th.«i Pop usE' FOfR ASSESSMENT PURPOSES ONj Y DO NOT RELY ON Fi)R ANY ` iTHER> USE. • CIRCULATE. BR RW JO DS APPLICANT ' PROPERTY LOCATION j(do ► , got . W Address W staff Review„ CITY OF TIGARD COMMUNITY Y DEVELOPMENT DEPARTMENT PRE—APP'._tCATIUI\P CHECKI..:CST Date t E Ma / Tat Tax Lot i @ r L — PV0POSAL DESCRIPTION /NECESSARY APPLICATION(S) 17"s " t rHai:Vitt.6) (0 ' ' I ft I i', of tit' ividi cl a illy& t t.' ,,, R___Itzura2 rtiolL rfoc,„ f 116 N. ti', ' t ; r Alt, a r «, t'I :11 t L; i P, % I t�� , p II V/ () tr ae ' ,"a'M ' ° %i' 4, ,,1 ' .: •;"',,,,5 ,,, d{ ii ,,,,T G'', USE Existihg ..... a .a.t.L Sh6.1 fi)(Al 161 kV Adjacent Prowert north , south � ( W eokstI west ""rrww�il..lt0* M rwiwrl 5 , COMPREHENSIVE PLAN DESZGNArIoN ZONING DESIGNATION', �'�. w ORGANIZATION IGO. CHAIRPERSON t me 1.7 _ , t ,a C 7 s NEIGHBOR PLANNING, OROANa;� ' PHONE CODE REQUIREMENTS Mini irium lot size/Width n� setbacks ; front .. co r ...w. ,..tii i •" • side rear special setbacks'. streets 1oWer intensity zont s i . w I wetlands flag lot aoce$sory structures -n'a' zero lot line Max iriiuin f Special height limits. Density c;lculat.i'an flag lot other Density transition Landscaping: minimum' % of lot area 5 7% Street Trees rW, 7 (} 4' cd4' ;1l.i; i ��.. w, Suffer Ares ' [,:.1 , �7`a` " '�� ' .w e e k'.�'�y Y"��!u �X �,,,. '�r� .d°' i & r t , Y`'b �` 9 ' . 4 j4� Parking Areas . .a.c.. 4 ', ``Z' 14 4 , C ' Visual clearance C'� 1 . 1 t 1. ,,° '',,e1 j V , ot, Ca..4. Park inch and loading i u � 4e,C ` � � ' ;. 4C �" 5� 2. C ✓ .' �w..i 4,✓:; ifYt'P Gy ■ r 'oFt' +1 4, V , u� r / so f ‘; Jai?} trt "t"++ 't�' C7e Access and circulation ' , : ,.., (41,1;01( ; �' 41 'a ,,� "'; '�k p / Signs _ .w46`t� OTHER CONSA :DERA`iIONS (See application checklist for specific items) Sensitive lands: floodp1ain. Wetlands Open space Historic overlay drainageway - ..�: >25% slope �. � 1 .!1�"tlahab� ( plC" ($,,;j" �' ►4i i ��':, yP1 ! w" Street improvements/connections/bikeways,. i ,(7, fr 7 ' ". ,-11 .� " ; i .1 '',1 ' . '',t '' 4(,i *.,04th p t tr Right - of--way dedication .. O. fir` '° f;'y " f:1" � Sanitary Sewer improvement "tr. �. �;, 2, ► . : � .... , Storm Sewer' impr•oveMehts 4 f' itezet Improvement Agreement -- permit;, Bonds; f=ees. othor agency permits " A6' cr' "t � `' � "�, " ", . , ` k 10, pPC)CEDLIF E Administrative staff review Pub .1 c Heanxng/H 1a hgs Officer ► °'�� yap..1�,,.�.. ° {� pUbl io He aring /Planning Comtniss.ion � The Administrative decision or public Hearing shall accur 613proXitnately 30 days after a complete application is fil ed, A •4O—day appeal period folthws all decisions (0578P/0022P) Not CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST Staff 0 1 I3 Date The items on the checklist below are required for the successful completion of your application su mission requirlments. 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 ITEMS 1'O BE INCLUDED: A) Application form (1 ,copy) [.--]' B) Owner's signature /written authorization 3 - C) Title transfer instrument [, 0) Assessor's map ['''1*. E) Plot or site plan [« a"`' F) Applicant's statement C--3- (G) List of property owners & addresses within 250 feet ` CAN (H) Filing fee ($___________) [ .3 ' gip' ' " (- SPECIFIC MATERIALS A) Site Information showing; (No. of copies ) : [._ 1) Vicinity Map [.4 2) Site size & dimensions,, 3) Contour! lines (2 ft at 0 -10% or 5 ft for grades > 10 %) [' 4) Drainage patterns, courses;, and ponds C 5) Lopations of natural hazard areas including: a) Floodplain areas [.1,..v b) Slopes' in excess of 25% [ c) Unstable ground C 3 d) Areas with high seasonal ,water table j a ["-`°" e) Areas with severe soil erosion potential C---3-` f) Areas having severely weak foundation spils c-]" Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats i b) Wetlands [,3. other site features: a) Rock outcroppings [ b) Trees with 6" + caliper measured 4 feet from ground 1eve1'` C R ) Location of existing structures and their uses C --1 9) Location and type of oh and off --site noise sources L l'` 10) Location of existing utilities and esements 1 [. ..3'• 11) Location of existing sting dedicated right —of -mays �. Site'. Development- P1ah sholw�inr2 (No. of copies ,� ) 1) The proposed site and surrounding properties 2) Contour line intervals The location, dimensions and names of all: a) Existing & platted streets & other public ways and �asements on the site and on adjoining properties API LXCATION CH CRUST Wag 1 b) posed streets or other public ways & easements on the site. [' ] c) •, , hernative routes of dead end or Proposed streets that require future extension [ ] A) The location and dimension of: a) Entrances and exits on the site , [, b) Parking and circulation areas [+] c) Loading and services areas [�'` d) Pedestrian and bicycle circulation iv'T e) Outdoor common areas, [ f) Above ground utilities [ 'l " 5) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements,, utilities i xlxtes and easements which are located o n th site and on adjacent property within 25 feet of the site [ uT b) Proposed structures, improvements, utilities and easements on the site [ 6 ) Storm drainage facilities an sis- *of downstream conditions [,t-r 7) Sanitar sewer facilities " 0) The location of areas to be landscaped []"'" 9) The location and type of outdoor lighting considering crime prevention techniques [-] 10) The location of mailboxes [ 1,1) The location of all structures and their orientation [tom -]j� 12) Existing or proposed sewer reimbursement agreements [`] C), Grading Plan (No. of copies __:.. ...,)' [ The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall r'ontaa.n the following information: 1) , which grading will ' take general contour lines; slope ratios and soil stabilization proposals, and time of year it is proposed to be done. [ ) from a registered engineer supported by 2 A statement data factual substantiating a) Subsurface exploration and geotechnical engineering report [w,-°' b) The validity of sanitary sewer and storm drainage service proposals [ -3 c) That all problems will be mitigated and how' they will be mitigated [ D) - al (No. copies /O ) : [ The tetural IJrawxn s IUo., of ) Archx development Plan proposal shall include .Floor 1) plans indicating :he square footage of all structures ProOosed for use on—site; and . 2) Typical elevation drawings of each str uctC [ .cal elev�a [ E) Landscape Plan (No, of copies ) : [ 3"� The landscape plan shall be drawn at the same scale of the site analysis plan 'or a larger scale if necessary and shall indicate: 1) Description of the irrigation system Where applicable C 2) Location and height of fence. s buffers and screenings APPLICATION CI4ECkLIST — e Pa 2 g «- 4PO. eae44. r 3) Location of terraces, decks, shell?ers,, play areas and common open spaces C,'"' 4) Location, type, size and species of existing and proposed plant materials. C The landscape plan shall include a narrative which addresses:. 1) Soil conditions. 1 2) Erosion control measures that will be used. C Sign Drawinc Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. I Traffic generation estimate CJ H) b re iminar, ,,partition car lot line ad'�,a ��..ment map showing, (No. of Copies ) 1) the owner of the subject parcel C 3 2) The owner's authorized agent . The map scale, (20,50,100 or 200 feet=1), inch north arrow and date C� 4) Description of parcel' location and boundaries 7 C 5). Location, width and names of streets, easements and other public ways within and adjacent to the parcel C 3 6) Location of all permanent buildings on and within 25 feet of all property lines C 3 7) Location and width of all water courses C] ) "' Location of any trees with S or greater caliper at 4 feet above ground level C_ 0) All slopes greater than 25% C 10) Location of existing utilities and utility easements [ ] 11) For major land partition which creates a public street: y and width Proposed right-of-way C] b) d cross -*section a) Ahsca�.e cised rx h of the �pranose + street p plus any reserve strip, C 3 12) Any applicable deed restrictions " 1 3 13) Evidence that land partition will not preclude efficient future ` land division where applicable C 1) Subdivision prelielD2tV. plat Map and da to showlng(No , of Copies ): 1) Scale equaling 30,50,100 or 200 feet to th.t inch and limited to one phase per sheet C' 2) The proposed name of the subdivision C 3 3) Vicinity reap showing property's relationship to arterial ' and Collector streets C j' 4) Names, addres . e numbers sex and to l e�ah�trr ... of � the owner developer, engineer, 'surveyer, design.;,ry as applicable[ J 5) Date of application C1 6) Boundary lines of tract to be subdivided 7) Names of adjacent sUbd1' ision or names of recorded a i owners of adjoining parcels of �rnsubd� hided land C 0) Cohtour lines related to a City - established bench - mark at 2- =foot intervals for 0-1O% grades greaten than '10 1 APPLICATION CHLCRLIST - Page 3 ,4 9) The pU )se, location, type and size of ; i1 of the following (within and adjacent to the, proposed subdivision): C 1 a) Public and private right -of --ways and easements [ 1- b),' Public and private sanitary and storm sewer lines C 3 c) Domestic water mains including fire hydrants [ 1 d) Major power telephone transmission lines (50,600 volts or greater) �. e) Watercourses [ f) Deed reservations' for parks, open space, pathways and other land encumbrances C 1 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated C 3 11) Plan of the proposed water distribution system, showing pipe ''sizes and the location of valves and fire hydrants. C I 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 'a 13) Scaled cross sections of proposed street right --of --way; [ 1 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 C 3 t6) 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 location of all trees with a diameter 6 inches or greater .measured at 4 feet above :ground level, and the location of, proposed tree plantings, if any 1 1 The existing uses of the property, i /ncluding the location of all structures and the present uses of lh0 structures, and a statement of which structures are to remain after platting 1 3 19) Supplemental information including: a) Proposed deed restrictions (if any) 1 ] b) Peoof of 'property ownership C 1 c) A proposed plan for provision of 'subdivision improvements' 20) Existing natural features including rock oUt- croppings, wetlands and mars,S area 21) If 'any' of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. C C other ,Int ormatioh C ] (2862P%Oa280 ` APPLICATION dHECRLI°T Pag fl CITY OF TIGARD, OREGON RESOLUTION NO 87 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR SITE DEVELOPMENT REVIEW APPROVAL REQUESTED BY DAROLD AND SUE SYNDER, FILE NUMBER SDR 21-86, APPROVING THE APPLICATION SUBJECT TO CERTAIN CONDITIONS, MODIFIED HEREIN, ENTERING FINDINGS AND CONCLUSIONS (SNYDER SDR 21-86). WHEREAS, the applicants requested a Site Development Review' approval co ,allow 'a' mail order and general retail business an a 2.43 acre' site which is zoned I-P (IndUstriai. Park) and a Variance to allow a gravel driveway with a 15 to 20' foot width where Pavement and a 24 oot width is required; and WHEREAS,' the Director of Community Development approved said application for the S' Development Review subject to 15 conditions but denied the Variance request; and a �'xte WHEREAS, the Director's decision Was appealed to the Tigard City <Council;' and WHEREAS, the Tigard City Co #:incil heard the appeal . February' 9, i986, and vote , pgarove the applicants' request request its s b on �, q regular meetx�i a Voted to a request sect to modified conditions NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council tht: Section 1: The proposal satisfies the criteria necessary to approve a Site' Development: Review.' Section 2: The ,applicant has objected to conditions of approval: 1) requiring µ half-street im rovements ha - � p along their Tigard Street frontage on the pi emise that rio other property owners are required to do so 2) the greenway dedication requirement; a) thA denial of the variance request; and requested a refund of the appeal fee. Section 3: y pp application with old candit�ansxlofuo�ed royal x 1 � �, to a rove the pp , 10 -12, 14 and 15 unchanged, that a n remonstrance agreement be required on condition No, 6 that cinditiohs No, ?.and 8 be dal.eted, and that condition No; 13 be altered so tat Parking . y s shall be paved upon ex ansion parlcxn and dr�xvewa� .area p of the ng commercial building= The 'changes are cont ax ned ;xn the conditions set forth below, Section 4. The Council did not approuO a refund of the appeal foe Section 5: The Council, therefore ORDERS that the above - referenced request be and the same hereby is, APPROVED subject to the following condit ons: 1, UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL SE MET PRIOR TO ESTABLISHMEh'r OF: THE Na'W BUSINESS, 2 Approval shall be obtain d for the change of occupancy from the Building Inspection bivision and the Tualatin Rural Fire Protection District, RESOLUTION NO. 87. Page 1 • 0. J .` • ft etv Additional right -of-way shall be dedicated to the public along the SW Tigard Street frontage to increase the right -of --way ° to 30 feet from centerline, the description for said dedication shall be tied to the existing right -of -way centerline as established by Washington county. The ` dedication document shall be on City forms and approved by the Engineering ection DEDICATION FORMS AND INSTRUCTIONS ARE AVAILABLE FROM THE ENGINEERING SECTION. The applicant shall provide for roof rain ; drainage to the public' stormwater system. . The applicant shall provide for connection to proposed buildings to the public sanitary sewer system, A connection permit is required. . A non - remonstrance agreement for the future developmeht of Tigard Street shall ' be executed by the `applicant, on City forms, and shall p by City Eng i g - " be reviewed and approved b the Cit neerin Office pra.or to establishment 'of the .new business. The area within the 100 Year floodway shall be dedicated as greenway �- open space, to the city. A monumonted ;' boundary survey showing all new title lines, prepared by a registered professional land surveyor, shall be^' submitted to the City for review and approval prior to recording (on City forms) S, No grading, filling, or landform alteration shall occur on the property without prior approval by the ''City of grading plans, and without obtaining property City and U.S, Army Corp of Engineers approval(s) and permits) 9. Visibility at the site ingress - egress drive be maintained in accordance with City' Code and vehicle sight distance criteria per I.T.E. (Institute of Traffic Engineers) manual, 10, t revised landscaping plan shall be submitted for Planning Director pp,, screening to the north and west, a� r oval which Provides ua.aual. Following approval, the specified materials shall be Installed.'' (Contact Keith Liden at 639-4171 regarding specifoations, 11. The driveway ' entrance shall be a Minimum of 20 feet wide and the driveway serving the rear of the building shall be a minim am of i6 feet in width, All Parking; and driveway areas ' shall be paged upon e cpansion of the 'present commercial building p � g � 12. The. nono� erat�,n vehicles and miscellaneous materials shah:. removed from the site. 11, This approval is valid if exercised within one year of the final approval date. NASSLO r This day of ATTEST: r JCity Recorder -- City of igar DAS :bs30070 RESOLUTION NO, 87:� go 2 Mayor - 'City of :Tigard ti is unique from other small business facilities which have paved parking, Pavement is required for improved control of water rurioff and dust, as well as customer" and erneryency- access, Street Improvements Street improvements sire required as a condition of Site Development Review approval unless it is not feasible from an engineering stand' p oan t. Half - street improvements have been installed along the street frontage immediately to the southeast d continuation of these improvements is justified, an , . DECISION The Planrljing ! Director approves SDR 21-86 and V 31_86 subject to the following;' conditions . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL SE MET PRIOR TO, ESTABLISHMENT OF THE NEW BUSINESS. 2. Approval shall be obtained for the change of occupancy from the Building Inspection Division and the Tualatin Rural Fire Protection District. 3. Additional right -of -way shall be dedicated to the public along the SW Tigard Street frontage to increase the right -of- -way to 30 feet from centerline, The description for said dedication shall be tied to the existin g right-of-way centerline as '� y established by Washington County, The dedication dock #mentIrrall on be on forms and approved by the Engineering Section, -� , ARE AVAILABLE FROM THE . ' DDEDICATION r'aaMS AND INSTRUCTIONS ENGINEERING SECTION Q The ;applicant shall provide for roof rain drainage' to the public stormwater systems 5 y The applicant shall + provide for connection to proposed buildings public t+ sa to the p nitary sewer system,, A connection Permit is rerlu i red ti Standard half- street improvements including cohrcrete sidewalk, driveway apron and curb, crushed rock road base and asphalt pavement, and utilities including relocattionQ as may be necessary shall be instal.Led along the SW ,et frontage, Said improvements shall ' be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent irnprovernerits (conform bp' an alignment whereby the curb a s located 2g feet from centerline) NOTICE Or i EdISi+D f S i d 21 56 and V a i -86 pAar 4, It ri 7. Five (5) sets of plan - profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered professional Civil Engineer, detailing all proposed public irprovements shall be submitted to the Engineering Section for approval, E3. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans, The section will require posting of a 100 percent performance bond' and the payment of a permit f "e. Also, the execution of a street opening permit shall occur prior to, or concurrently with the issuance of approved public improvement plans, SEE THE ENCLOSED <HANDOUT' GIVING MORE SPECIFIC INFORMATION REGARDING F EE SCE ES BONDING AND AGREEMENTS. .. 9. The area within the 100 year fioodway shall be dedicated as greenway — open space to the City. A monumented boundary survey showing all new title lines, prepared by a registered professional land surveyor, shall be submitted to the City for prior recording (on City forms) . review and dpproual, rxor to rPcordin ors �, 10. No grading, filling, or landform alteration shall occur on the property Without prior approval by the City of grading plans, and without obtaining property City and U,S Array Corp of Engineers approval(s) and permit(s), 11. Visibility at the site ingress- egress drive be maintained in accordance with City Code and vehicle sight distance criteria per (Institute of Traffic Engineers) manual. 12. . A revised landscaping plan shall be submitted for planning Director approval which provides visual screening to the north and west, Fol.iowirog approval, the specified materials shall be installed, (Contact Keith Liden at 639 -4171 regarding ;;pec ifications,) 13, The driv „way' entrance shall be a minimum of 20 feet wide and the driveway serving the rear of the building shall, be a minimum of 16 feet in width. All parking and drive gay areas` shall be paved 14. The nohoperating vehicles and miscellaneous Materials shall be removed from the site, 1b, This approval is , within one y of the final This valid a.f exercised With Year approva], date, NbTTC' . bP ' iJ CI ON sb 21 �8 artid V 1 06' — pAG 5 4 4 35Ac. 73.6a 2000 1,9 6, c 2200 ,7 Ac ;� 2 103 , �Ac. N 89 °59'W 200 2, 04 Ac 90! 43Ac. d.ljii'P✓ Z" 4 Lt" SEP 23 1987 ONLY ° ' 1)0 Nit ,,, EL i7 !i gcR 0THtjt ASSt $SMFNMI' PURPOSES ONLY, DO NOT RELY ON FON [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]