SDR1994-00007 Decision - GODDARD N161k6OK
CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 94 -0007
GODDARD - OWNER / APPLICANT
APPLICATION: The applicant requests: A) Site Development Review
approval to allow the conversion of an existing single family
residence for use as a professional office. Zoning: C -P
(Professional Commercial). Location: 11900 SW 69th Avenue (WCTM
1S1 36DD, tax lot 6200).
SECTION I - DECISION: Notice is hereby given that the Planning
Director for the City of Tigard has APPROVED the above request
subject to certain conditions. The findings and conclusions on
which the decision is based are noted in Section II.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED,
THE STAFF CONTACT SHALL BE MICHAEL ANDERSON OF THE ENGINEERING
DEPARTMENT.
1. The applicant shall extend the public sanitary sewer in SW
69th Avenue to a point coincident with the northerly
property line of the site, to provide sewer service to the
site, and for the future extension of the public system.
STAFF CONTACT: John Hagman, Engineering Department (639-
4171)
2. The applicant shall obtain a street opening permit to
construct the proposed asphalt concrete driveway to City
standards. STAFF CONTACT: John Hagman, Engineering
Department (639 -4171)
3. Two (2) sets of 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
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).
4. The applicant shall pay the fees as established under the
guidelines of Unified Sewerage Agency Resolution and Order
No. 91 - 47. NOTE: This is a two part fee which is paid at
different times. The first part is paid with any associated
public improvements which is for that portion of the
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 1
development which increases the impervious area within the
public right -of -way. The second part is paid at Building
Permit issuance which is for each individual lot.
5. An agreement shall be executed by the applicant, on forms
provided by the City, which waives the property owner's
right to oppose or remonstrate against a future Local
Improvement District formed to improve SW 69th Avenue.
• STAFF CONTACT: John Hagman, Engineering Department (639-
4171) .
6. Revised site and landscaping plans shall be submitted for
review by the Planning Division, Staff Contact: Will
D'Andrea. The revised plans shall include the following:
a. Impervious surface / landscape calculations.
b. Number, type and location of trees and shrubs.
c. Street trees. Section 18.100.035 requires that street
trees be spaced between 20 and 40 f apart depending
on the size classification of the tree at maturity
(small, medium or large).
d. 1 parking lot tree.
e. Nine foot handicapped stall width.
f. One bicycle rack.
g. A walkway extending from the entrance of the structure
to SW 69th Avenue.
h. Compliance with vision clearance requirements.
i. Tree removal permit for trees with trunk diameters
greater than 6 ".
j. Buffering and screening within both the north and south
buffer area. This buffer shall consist of at least one
row of trees not less than 10 feet high for deciduous
trees and 5 feet high for evergreen trees at the time
of planting, with the spacing of the trees depending on
the size of the tree at maturity. The south buffer
shall contain at least 20 five gallon or 40 one gallon
shrubs and the south buffer at least 60 five gallon or
120 one gallon shrubs, in addition to the one row of
trees. The remaining area shall be planted in lawn,
groundcover or spread with bark mulch. The north
buffer shall consist of landscaping which provides
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 2
adequate screening given the proximity of the existing
structure.
IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS
OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST
1. SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS.
Section 18.164.180 Notice to City Required
Work shall not begin until the City has been notified in
advance. If work is discontinued for any reason, it
shall not be resumed until the City is notified.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
DATE OF THE FINAL DECISION.
SECTION II. FINDINGS OF FACT
1. Backround:
The subject site is presently developed with a single family
residence. No other land use or development applications
have been reviewed by the City of Tigard.
2. Vicinity Information:
The subject site is located east of SW 69th Avenue, west of
SW 68th Avenue, south of SW Clinton Street and north of SW
Dartmouth Street. The surrounding properties are zoned C -P
(Professional Commercial) and are developed as residential.
The adjacent properties to the north and south are developed
with single family homes. The parcel to the east is vacant.
3. Site Information and Proposal Description:
The subject site is approximately 12,632 square feet in
size. The site contains a single family residence and garage
with access onto SW 69th Avenue. The applicant is proposing
to convert the residence into a professional office
building, with related improvements.
4. Other Staff Comments:
The City of Tigard Maintanence Services Division has reviewed this
proposal and has offered the following comments:
The applicant should submit parking lot /building landscape
plan with appropriate tree selection for review.
5. Agency Comments:
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 3
The Tualatin Valley Fire District has reviewed this proposal and
has offered the following comments:
1. Fire Hydrants: Fire hydrants shall be located within 250
feet of all portions of the building measured around the
outside of the building and along approved fire department
access roadways. The closest hydrant is approximately 280
feet, exceeding the standard by 30 feet. Due to the size of
the building and the relatively low fire loading that will
be in it, 30 additional feet will be allowed.
2. Address Required: The tenant space number must be
prominently displayed on the street front where it is
readily visible to drivers and officers of responding fir
apparatus and other emergency vehicles. UFC Sec. 10.208.
3. A fire extinguisher having a minimum rating of 2A10B:C
must be placed in an accessible location within plain view.
UFC Sec. 10.301(a).
The City of Tigard Building Division, City of Tigard Police
Department, Tualatin Valley Water Department, General Telephone and
Electronics, has reviewed this application and have offered no
comments or objections. No other comments have been recieved.
SECTION III. ANALYSIS AND CONCLUSION
A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Use Classification: The applicant is proposing a conversion
to a professional office building. Professional offices are
classified in Code Section 18.42 (Use Classifications) as
Professional and Administrative Services. Code Section
18.64.030 allows Professional and Administrative Services as
a permitted use in the C -P zoning district.
Minimum Lot Area: Section 18.64.050 states that the minimum
lot area for parcels in the C -P zoning district shall be
6,000 square feet, and the minimum lot width shall be 50
feet. The subject site contains approximately 12,632 square
feet and indicates a width of approximately 100 feet,
thereby satisfying the minimum dimensional requirements.
Developments within the C -P zone are required to provide a
minimum of 15% landscaping. The applicant has not indicated
the square footage to be devoted for landscaping. Therefore,
calculations for landscaped area shall be submitted for
review for compliance with this section.
Setbacks: Section 18.64.050 states that, except as
otherwise provided in Chapter 18.100.130, there is no front
yard setback and no side or rear yard setbacks except 20
feet shall shall be required where the C -P zone abuts a
residential zone. The maximum building height is 45 feet.
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 4
This site does not abut a residential zone. Therefore, the
standard setbacks do not apply to this site, however the
requirements contained in Section 18.100.130.(Buffer Matrix)
are applicable. The existing structure is well under the
height requirement.
Landscaping Plan: Section 18.100.015 requires that the
applicant submit a landscaping plan. This requirement will
be satisfied as the applicant shall submit a plan indicating
the number, type and location of trees and shrubs.
Street Trees: Section 18.100.033 states that all
development projects fronting on a public street shall be
required to plant street trees in accordance with section
18.100.035. Section 18.100.035 requires that street trees
be spaced between 20 and 40 feet apart depending on the size
classification of the tree at maturity (small, medium or
large). The applicant shall submit a landspape plan which
provides for street trees in accordance with this section.
Screening: Special Provisions: Section 18.100.110(A)
states that trees shall be planted in landscaped islands in
all parking areas and shall be equally distributed and on
the basis of one tree for each seven parking spaces in order
to provide a canopy effect. The minimum dimension of the
landscape islands shall be three feet and the landscaping
shall be protected from vehicular damage by some form of
wheel guard or curb. The applicant shall submit a landscape
plan which provides for 1 parking lot tree in accordance
with this section.
Buffer Matrix: Section 18.100.130 is used in calculating
widths of buffering and screening to be installed between
proposed uses. The matrix requires a 20 foot buffer, with
screening, between a proposed commercial use and an existing
single family home. This buffer applies to both the north
and south property lines. Section 18.100.080.D contains the
minimum improvement standards for the buffering area. The
minimum improvements within a buffer area shall consist of
the following: 1) At least one row of trees shall be
planted. They shall be not less than 10 feet high for
deciduous trees and 5 feet high for evergreen trees at the
time of planting. Spacing of the trees depends on the size
of the tree at maturity; 2) In addition, at least 10 five
gallon shrubs or 20 one gallon shrubs shall be planted for
each 1000 square feet of required buffer area; 3) The
remaining area shall be planted in lawn, groundcover or
spread with bark mulch. A revised landscape plan shall be
submitted indicating landcaping and screening along both the
north and south buffer area in accordance with this
standard.
Section 18.100.070(C) states that in lieu of these
standards, a detailed buffer area landscaping and screening
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 5
plan may be submitted for the Director's approval as an
alternative to the buffer area landscaping and screening
standards, provided it affords the same degree of buffering
and screening as required by this code. This proposal is
for a remodel of an existing single family home. There is
presently a 7 foot setback from the north property line.
Given the fact that the building height is to remain the
same and the parking is located on the south part of the
site, there will be no detrimental visual impact on the
adjoining north property from this change of use. There is
currently a hedge along the north property line which
screens these two structures. The applicant should include
in its landscaping plan an alternative screening plan, for
the north property line, which satisfies the in -lieu of
standards.
Minimum Off - Street Parking: Section 18.106.030(C) (1)
requires a minimum of one parking space for every 350 square
feet of Professional and Administrative services. The 1,024
square foot office requires 3 parking spaces. The applicant
is proposing to provide 5 parking spaces, thereby satisfying
this requirement.
The Americans with Disabilities Act (ADA), which became
effective on January 26, 1992, requires one disabled parking
space if 1 to 25 parking spaces are provided. The proposed
site plan shows the provision of 1 disabled person parking
space, thereby satisfying this requirement. The site plan
shows the handicapped stall with a dimension of 8'5 ",
whereas a 9 foot stall width is required. The applicant
shall submit a revised site plan which provides for a 9 foot
handicapped stall width.
Bicycle Parking: Section 18.106.020(P) requires one bicycle
parking rack space for every 15 vehicular parking spaces in
any development. Bicycle parking areas shall not be located
within parking aisles, landscape areas, or pedestrian ways.
One bicycle parking space will be required for this
development. A revised site plan shall be provided which
indicates the provison of one bicycle rack.
Access: Section 18.108.080 requires that commercial and
industrial uses which requires less than 100 parking spaces
provide one access with a minimum width of 30 feet and a
minimum pavement width of 24 feet. The site plan shows an
access width of 25 feet, thereby satisfying this
requirement.
Walkways: Section 18.108.050(A) requires that a walkway be
extended from the ground floor entrance of the structure to
the street which provides the required ingress and egress.
The preliminary site plan does not provide for a walkway
connection to the street. A revised site plan shall be
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 6
submitted which provides for a walkway in accordance with
the provision of this section.
Visual Clearance Areas: Section 18.102 requires that a
clear vision area shall be maintained on the corners of all
property adjacent to intersecting right -of -ways or the
intersection of a public street and a private driveway. A
clear vision area shall contain no vehicle, hedge, planting,
fence, wall structure, or temporary or permanent obstruction
exceeding three feet in height. The code provides that
obstructions which may be located in this area shall be
visually clear between three and eight feet in height (trees
may be placed within this area provided all branches below
eight feet are removed). A visual clearance area is the
triangular area formed by measuring a 30 foot distance along
the street right -of -way and the driveway and then connecting
these two 30 foot distance points with a straight line. A
revised site plan shall be submited which shows that this
requirement will be satisfied.
Tree Removal: Section 18.150 contains standards for
obtaining a permit for removal of trees having a trunk six
inches or more in diameter when measured four feet above the
ground. This requirement will be satisfied as a tree
removal permit will be required for the removal of trees
with trunk diameters of six inches or more in diameter.
Signs: Section 18.114.130 (D) lists the type of allowable
signs and sign area permitted in the C -P zone. All signs
shall be approved through the Sign Permit process as
administered by the Planning Division.
B. PUBLIC FACILITY CONCERNS:
Sections 18.164 .030 (E) (1) (a) (Streets) , 18.164.090 (Sanitary
Sewer), and 18.164.100 (Storm Drains) shall be satisfied as
specified below:
1. STREETS:
The site fronts onto SW 69th Avenue, a local street in the
Tigard Triangle planning area. The existing right -of -way is
30 feet from centerline and no further dedications are
required.
The Tigard Triangle Area Plan is currently under review by
City Staff, and the transportation requirements and zoning
have yet to be determined. While this area is under review,
it has been the recommendation of the Engineering Department
to delay the requirement for standard improvements on the
streets which may change in status, based on the findings of
the area traffic report. The status of SW 69th Avenue is
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 7
within this category and it is recommended that the street
improvements be postponed.
The site plan shows the proposed on -site parking lot
connecting to a new driveway that is to be constructed in SW
69th Avenue. The applicant shall be required to obtain a
street opening permit for a temporary asphalt driveway
construction. In addition, the applicant should be required
to sign an agreement of non - remonstrance to the formation of
a future Local Improvement District to improve SW 69th
Avenue.
Overhead utilities are existing on the easterly side of the
street and the poles are being utilized for the street
lighting system. The overhead wires should be placed
underground as a part of a future development and \or LID.
2. SANITARY SEWER:
The site currently has no sewer serving the property and it
will be necessary to extend the 8 inch public sanitary sewer
line that was constructed with the SW Dartmouth Street
improvements. The existing sewer is located in SW 69th
Avenue, approximately 100 feet southerly and the existing
line has sufficient capacity for this project.
3. STORM SEWER:
The site slopes in a southwesterly direction towards SW 69th
Avenue. The on -site drainage shall be collected on -site in
an underground system and connect to the existing roadway
ditch. The site survey shows an existing private system
crossing the property in a northeast /southwest direction
which is not affected by the proposed work.
The Unified Sewerage Agency has established and the City has
agreed to enforce (Resolution and Order No. 91 -47) Surface
Water Management Regulations requiring the construction of
on -site water quality facilities or fees in -lieu of their
construction. Section 7.10b of the above noted Resolution
and Order cites conditions under which the fee in -lieu may
be accepted. Specifically, it provides, that if, "The site
is small compared to the development plan, and the loss of
area for the on -site facility would preclude the effective
development. ", the fee may apply. It is our opinion that
this site is consistent with this criteria, and we recommend
that a fee in -lieu be required.
SECTION V. PROCEDURE
1. Notice: Notice was published in the newspaper, posted
at City Hall and mailed to:
XX The applicant and owners
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 8
XX Owners of record within the required distance
XX The affected Citizen Involvement Team Representative
XX Affected government agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON 25 -7
UNLESS 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 sent. Appeal fee schedule and forms are available
at Tigard City Hall, 13125 SW Hall Blvd., Tigard,
Oregon.
The deadline for filing of an appeal is 3:30 p.m. 43'1S 11/.
4. Questions: If you have questions, please call City of
Tigard Planning Department (639 - 4171), City of Tigard
City Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223
/
PREPARED BY: William D'Andrea DATE
Assistant Planner
/_.
APPROVED BY: Richard Beweirsdoff DATE
Senior Planner
NOTICE OF DECISION SDR 94 - 0007 GODDARD PAGE 9
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VICINITY 1 CASE NO.
SITE DEVELOPMENT REVIEW
EXHIBIT M A P
MAJOR MODIFICATION
#94 -0007