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MLP2010-00001 � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2010-00001 �y ° �' " � ��,.��.. SONIC PARTITION 120 DAYS = 7/24/2010 SECTION I. APPLICATION SiJ�vIMARY FILE NAME: SONIC PARTITION CASE NOS: Minor Land Partition(MLP) MLP2010-00001 Adjustment (VAR) VAR2010-00004 PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) e�sting 1.33-acre s�te into two (2) parcels for commercial development. The proposed lots are 38 343 and 19,512 square feet in size. A sign code ad]'ustment is also requested to uistall a second�ree- standing s�ign along�the SW Koyalry Parkway frontage in addition to a freestanding sign on SW Pacific Highway. 1'reliminary approval was reviously granted to construct a Sonic Drive-In restaurant on proposed Lot 1 (PDR2009-000�1). No detailed plan has been approved for Lot 2. APPLICANT/ MWF Tigard,LLC✓ APPLICANT'S MacKay&Sposito OWNER The Wetsel Co. �P•� Bob Sa�le Jess Wetsel 1325 SE Tech Center Dr., 2123 NW Aloclek Dr.,Suite 1203 Suite 140 Hillsboro,OR 97124 Vancouver,WA 98683 COMPRE HE NSIVE PLAN DE SIGNATI ON: G G: General Commercial ZONE: GG (PD): General Cnmmercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Ciry-wide and even regional trade area. Except where non-confomzing, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainrnent, automotive equipment repair and storage, mini-warehouses, utilities, heli�ports, medical centers,major event entertauunent, and gasoline stations,are pernzitted conditionally. LOC.ATION: 15300 SW Pacific Highway;Washington CounryTax Map 2S110DB,Tax Lot 500. PROPOSED PARCEL 1: 38,343 Square Feet. PROPOSED PARCEL 2: 19,512 Square Feet. APPLICABL� RE VIE W CRITERIA: Community Development Code Chapters 18370, 18.390, 18.420, 18.520, 18.780, 18.795 and 18.810. SECTION II. D�CISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for partition and sign code adjustment subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTIC�OF DECISION MLI'201400001&VAR201400004/SONIC PARTITION&SIGN ADJUSTMENT PAGE 1 OF 11 ► CONDITIONS OF APPROVAI. THE FOLLOWINGCONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e app icant s a �prepare a cover etter an su mit it, a ong wi i any supportrn ocuments an or p ans that address the folrowmg requirements to Associate Planner, CHER1'L CAINE� 503-718-2437. The cover letter shall clearly idenhfy where in the submittal the required information is found: 1. The applicant shall obtain a sign perniit for each freestanding sign from the Plaiuung Division that meets the sign code reqwrements of Secuon 18J80 except as ad�usted in this decision. STAFF GONTACT: Planning/EnguZeenng Techs at (503) 718-2421. 2. Prior to the issuance of sig n pernzits, the applicant shall remove all existing signage, including the freestanding sign along SW Pacific I-3�ighway. 3. The applicant shall obtain building and electrical pem7its for both free-standing signs since both signs are over 6 feet in height and are illurrunated. 4. Prior to development of proposed Lot 2, approval for a detailed plan through the Planned Development Review process must be obtained. The applicant shall prepare a cover letter and submit it, alon�with any supporting documents and/or plans that address die following re quirements to the Development eview En�ineer. GUS DUENAS 503-718-2470. The cover letter shall clearly identify where in the submittal the required information is found: 5. Prior to final lat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat at 503-718-2451� 6. Prior to final plat the applicant shall ensure that joint access agreements between Sonic and Les Schwab, and between Lots 1 and 2 are established,recorded,and recorded documents referenced on the final plat. 7. Pnor to final plat the applicant shall ensure that agreements for operations and n�iauitenance of water qualiry and detention fac�ties between the two parcels are developed, recorded and the recorded documents referenced on the final plat. The applicant shall submit documents to the Development Keview Engineer for review and approval pnor to recorduzg. 8. Prior to finalplat the applicant shall ensure that an o perations and a maintenance agreement (on Cit�furnished forn�s covenng the water qualiry and detention fac�lities is developed, approved, recorded and referenced by recor�ed document numbers on the final plat. The applicant shall subrtut the agreement to the Development Review Engineer for review and approval pnor to recorduzg. 9. The applicant shall show a 15-foot public sanitary sewer easement on the final plat for the public line located on Lot 1. 10. The applicant shall ensure the final plat reflects all right-of-way dedications, if any, required as part of the Sonic Restaurant land use approval (PDR2009-00001�. 11. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global positionuzg system (GPS) geodetic control network(GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same prec�sion as requu-ed for the paruuon plat boundary. Along with the coordinates, the plat shall contain the scale f actor to conven ground measurements to gnd measurements and the angle from north to gnd north. These coordinates can be established by: . GPS tie networked to the Cit�s GPS survey. . By random traverse using conventional surve}nng methods. NOTICE OF DEQSION MLP201400001&VAR201400004/SOrIICPARTITTON&SIGNADJUSTMENf PAGE 2 OF 11 12. Final Plat Application Submission Kequirements: A. Submit for City review four (4) pa�per copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessarydata or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at 503-718- 2421). G The final plat and data or narrative shall be drawn to the minimum standards set forth bythe �regon Revised Statutes (ORS 92.05),Washuigton County, and by the Cit��of Tigard. D. Thep lat shall show dedication of property along�-Iighway 99W as required bythe land use approval for the Sonic Restaurant project. E. NOTE: Washington Counry will not begin their review of the final plat until they receive notice from the Cit�s Development Review Engineer u7dicatu�g that the Ciry has reviewed the fuial plat and submitted comments to the applicant's surveyor. F. After the City and Count��have reviewed the f�nal plat,submit one paper copy of the final plat for City Engineer signature (for partitions), or Ciry Engu7eer and Communiry Development Director signatures (for subdiv�sions). THIS APPAOVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Historv When the site was annexed into the Ciry in 1977, it was developed with an e�stin single farrvlyT residence, related outbuildings, and a �reenhouse, which was used as a retail showroom. In April of 1�78 the Ciry C:ouncil rezoned the site from the countys RU 4 to the city's R-7 zoning with a plan designation of Residential/Commercial. The nursery was granted a conditional use bythe PI�ruzing Cornn�ssion and Site Development approval bythe Director at about the same tune as the re-zone. Rev�sion of the Comprehensi��e Plan in the early 1980s chan ed the plan designation for this and adjacent properties to General Commercial (GG) with a Planned Development (P�) overlay. In 1988 site development approval was granted to construct a nea�, 1,700 square foot nursery retail building and reinodel the existing residence uzto a retail shop (SDR88-13/PD88-03). A search of Ciry records also revealed a Comprehensive Plan Amendment attached to the site (Q'A91-0002). This amendment was not sne specific, but affected several parcels in the area. The amendment changed the transponation map of the Comprehensive Plan by re- designating Naeve Street from a muior collector to a local street by adding a mulor collector connection from 109�' Avenue, at Murdock, to Pacific H'ighway and a local street connect�on between 100`'' and 109�' Avenue north of the Hoodview subdivision. In February of 2010 the T"igard Plaruzin Corrunission a proved a Conceptual Plan for the entire site and a Detailed Plan for the southern portion of the site�proposed Lot l�to construct a Soruc Drive-In and other commercial business through the Planned Development process. Construction has begun on the Sonic, but no Detailed Plan has been subrrutted for the northern portion of the site (proposed Lot 2). No other land use cases related to this site were f ound. Vicinity Infonnation: The site �s a 1.33 acre parcel located on Pacific Highway, south of Naeve Street and north of RoyalryParkway. The site also fronts Royalty Parkway along the eastern boundary. The site is zoned GG (PD) and is surrounded by properties zoned the same. Areas further to the north and east are residential (R 25 and R-12 with PD overlays). Ku1g C.�ty�s located to the west across Pacific I-�ighway. Most sites in the area are developed. The site is bordered by May Auto Sales to the north and Les Schwab Tires to the south. Pro�osal Descnption: The applicant �s requesting a Minor Land Partition to partition one (1) e�sting 133-acre site into two (2) parcels for commercial develo�pment. The proposed lots are 38,343 and 19,512 square feet in size. A sign code adjustment �s also requested to install a second free-standing s�gn along the SW Royalry Parkway frontage uz addition to a freestanding sign on SW Pacific H�ighway. Prelunu�iary ap roval was previously granted to construct a Soruc Drive-In restaurant on proposed Lot 1 (PDR2009-00001). No det�d plan has been approved for Lot 2. NOTIC�OF DEQSION MI.P201400001&VAR2010-00004/SONICPARTITION&SIGNADJUSTMENT PAGE 3 OF I1 SECT"ION IV. PUBLIC COMMENTS The Tigard CommurutyDevelopment Code re uires that propertyowners within 500 feet of the subject site be notified of the proposal, and be given an oppomznity�or wntten comments and/or oral testimony pnor to a dec�sion being made. In addition,staff has posted a notice on the site,visible from both streets. Staff received no comments or letters from adjacent propertyowners. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS(18370): Section 18.780.130.C1. states that one multi-faced, freestanding si n shall be permitted for sites within the GG zone. One freestanding sign is proposed at the Pacific I-i�ighway entry. �e applicant is requesting an adjustment to allow a second freestanding sign along the Royalty Parkway street frontage. llue to access spacing reqLUrements alon SW Pacific �-Iighwayand limited frontage along SW Roval�Parkway, access to the future business located on propose�Lot 2 will be from shared access points on Lot 1. Signs a be shared between the two businesses. Therefore the applicant is requesting a second freestanding sign. The sign�a�long Pacific Highway will be 20 feet in height, a�ith a combined face of 140 square feet �70 sq. feet on each side). TI'his sign will also ulclude an electroruc message center; which is considered a special coriditioii sign and must meet the requu-ements of section 18J80.090.D of the Tigard Development Code. Preliminary lans show the second sign along Royalry Parkway to be 8 feet tall with total signage of 70 square feet (35 sq. feet per�ace). Sign pernuts are required pnor to u�stallataon of the signs; these pernuts were not requested with this application. A condition of approval will ensure that sign permits are obtauied prior to installation. Adjust�nents to sign code (Chapter 18J80) Section 18.370.020.C.8 states that the Director shall approve, approve with conditions, or deny a request for an adjust�nent to the sign code based on findings that at Ieast one of the following critena are satisfied: (1) The proposed ad'usbnent to the height limits in the sign code is necessary to make the sign visible from the street because o�the topography of the site,and/or a confonning building or si n on an ad�acent property would limit the view of a sign erected on the site in conformance with Chapter 18J�0, Signs; The applicant is not proposing an adjustment to the height limitation. This criterion does not apply. (2) A second freestanding si n is necessary to adequately identify a second entrance to a business or premises that is oriented towards a di�erent street frontage; The site is a through lot with frontages on two streets that do not intersect. The entrances are located on opposite ends of the site. Signage �s needed to adequately identify the entry points,. Advertising for businesses on lots 1 and 2 will be done jointly with shared signage at both dnveway locauons. No freestanding signs w�ll be constructed on proposed lot 2. (3) Up to an additiona125% of si n area or hei ht may be permitted when it is determined that the increase will not deter from the putpose o�Chapter 18J8�, Sig�ns. This increase should be judged according to specific needs and circumstances which necessitate addit�onal area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restnctions of this chapter, The applicant is not asking to increase the square footage of an individual freestanding sign. Tl�vs criterion does not apply. (4) The proposed sign is consistent with the criteria set forth in Section 18J80.130.G; Section 18J80.130.G speaks to additional sign area and sign height permitted through the Site Development Review process. The a plicant is not requestuig additional si n area, sign height, or a Site Development RevieaT. The proposal �s for a second�ree-standing sign and land partition. �ese standards do not apply. NOTICE OF DEQSION MLP201400001&VAR2010-00004/SOTIIC PARTITiON&SIGN ADJiJSTMENT PAGE 4 OF 11 v �5) "1'he proposed exception for a second freestanding sign on an interior lot which is zoned coirunercial or industiial is appropriate because all of the following apply: (a) The cornbined height of both signs shall not exceed 150% of the sign height nornially allowed for one ireesl�lnding sign in the same zoning dislrict; however, neitlier shall exceed the height nornially allowed in the same zon�ng district; (b) Neither sign will pose a vision clearance problein or will project into the public right-of-way; and (c) Total combined sign area for both si�ns shall not exceed 150% of what is nonnally allowed for one treestanding sign in the saine zoning distnct; however, neither shall exceed the height nonnally allowed in the same zoning district. The sire is a throu�h lot and has frontage on two streets. Regardless�,the applicant notes that the proposed signs will not exceed 150% o the 20-foot height hrriit or the 70 square feet per ace rr�mum sign area allowed in the GG zone. The proposed sign is 8 feet high and 35 feet per square face. Neither sign a�ill be located withuZ the vision clearance areas or pro�ect uito the public right-of-way. In addition the Director shall review all of the existing or proposed signage for the develop ment and its relationship to the intent and purpose of Chapter 18J80, Signs. As a condition of approval of the adjustment, the Director may require: (1) Removal or alteration of nonconforn7ing signs to achieve compliance with the standards contained in Cliapter 18J80, Signs; (2) Removal or alteration of confonning signs to establish a consistent sign design throughout the development; and (3) Application for sign perniits for signs erected without pennits or removal of such illegal signs. '11�ere is one existing free-standing sign on site that was used for the previous nursery business. The applicant did not address the removal of this si�n, but the sign is also not shown on the prelirnulary plat/site plan. A condition of approval will ensure the remova of the e�sting sign pnor to issuance of permiu for the proposed signage. FINDING: Staff finds that the sign code adjustment criteria are not completely satisfied but can be conditionally met. CONDITION: Prior to the issuance of sign pernzits, the applicant shall remove all e�sting signage, including the freestanding sign along SW Pacific Highway. Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comp�ly with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within thu adinuustrative dec�sion and through the imposition of conditions of develo�pment approval. All necessaryconditions must be satisfied as part of the final plat process or pnor to sign installation. Therefore,this cnterion is met. There are adequate public facilities available to serve the proposal; nll proposed improvements meet City and applicable agency standards; and Public facilities and improvements for site development were reviewed under the previously approved Planned Development (PDR2009-00001). This proposal is to partiuon the site and request a sign code ad�ustment. Those standards affected bythis proposal are discussed under the Street and Utilitysection of th�s dec�sion. P�l proposed lots confoiYn to the specific requirements helaw: The minimi.un width of the building envelope area shall meet die lot requireinent of the applicable zoning district. NOTICE OF DEQSION MLI'201400001&VAR201400004/SOTIICPARTITION&SIGNADJUSTMENT PAGE 5 OF 11 � The rninunum lot width required for the GG zoning district is 50 feet. Lot 1 has an average parcel width of 129 feet, while Parcel2 has an aver�ag e width of 70 feet. T�vs information was athered from the scaled site plan because the applicant did not give specific dimensions within the narrative. This stan�ard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. There is no m;n;mum lot area requirement in the GG zoning district. The proposed partition creates two (2) lots that are 38,343 and 19,512 square feet respectively. This critenon has been met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easemen� Parcel 1 has 133 feet of street fronta e alon�g SW Pacific Highway and 71 feet along SW Royalty Parkway. Parcel two has 73 feet of street frontage along S�Pacitic I-�ighway. Although Lot 2 has street frontage,there �s no du-ect access to a public street. Setbacics shall be as required by die applicable zoning district. Setbacl;s for the GG zone are typically zero unless the site is adjacent to or near a residential zoning district; the site is surrounded by commercial zonuz GG . The setbacks for Parcel 1 a�ere approved throu h the Planned Develop ment Review for the Sonic Drive-In (� 0 9-00001) with one exception: The proposed lot�e creates a north side yard setback of two feet. Sincc the required setback is zero, this standard �s still satisfied. Setbacks for future development on Lot 2 will be verified through a future Planned Development Review process. When the paititioned lot is a flag lot,the developer may deternline the location of the front yard, provided that no side yard is less than 10 feet. Structtires shall generally be located so as to maximize separation froin existing structures. Both lots have street frontage,therefore no flag lots are created through this proposal. This criterion is not applicable. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening inay also be required to maintain privacy for abutvng lots and to provide usable outdoor recreation areas for proposed developmen� This criterion is only applicable to flag lots. Since the proposal does not include a flag lot, the requirement is not applicable. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Hydrant location and access have not changed since the approval of the Planned Development (PDR2009-00001). Tualatin Valle��Fire and Rescue endorses the proposal and no conditions were made regarding access or firefighting arater supplies (see April 13,2010 comment letter). T�us reqwrement is met. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. After the partition, only Lot 1 will have direct street access; therefore access to Lot 2 will be provided via a reciprocal easement over Lot 1. In addition, e ress from the Les Schwab site to the south is also required across Lot 1; a recorded access easement is reflected on the p�at (2010-014662). A condition of approval will ensure the access easement for Lot 2 is noted on the plat. Any access way shall comply with the standards set forth in Chapter 18J05, Access, Egress and Circulation. Accessways on Lot 1 were previously approved through PDR2009-00001 for the Sonic Drive-In. No changes are proposed to those access dnves or locauons. Cu-culation dnves on Lot 2 will be reviewed during a future Planned Development Review process f or the development on that site. NOTTC�OF DEQSION MI.P201Q00001&VAR2010-00004/SOr]IC PARTTTION&SIGN ADJUSTMENT PAGE 6 OF 11 �'here landtill and/or develo ment is alloa�ed within or adjacent to the one-hundred year floodplaiii, the cit�� shall require consideration o�the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The �p artitioned lots are approxunately 2,900 feet to the north of the nearest 100-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjust�nents. The applications forthe partition and variaiice(s)/adjustment(s) will be processed concurrently. No variances or adjustment to the Minor Land Partition standards have been proposed but the applicant has requested a sign code adjustment to permit a second freestandin�sign on-srte. The reqwrements �or this ad�ustment are discussed under the Vanances and Adjustments section of this dec�sion. FINDING: The Land Partition standards have not been fullymet but can be as conditioned below. CONDITION: Ensure that joint access agreements between Sonic and Les Schwab, and between Lots and 2 are established,recorded,and recorded documents ref erenced on the f inal plat. Cominercial ZoninQ Districts (18.520): Development stan ards in residentia�zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD GG Parcell Parcel2 Miivmuin Lot Size -Detached uiut None 38,343 sq.ft. 19,512 sq.ft. -Duplexes -:Attached wut Minimum Lot Width 50 ft 129 ft[1] 70fc.[1] Maximum Lot Coveraoe 85%[2) 80°,'o Can be met Minimum Setbacks -Front yaid 0 ft 37 ft. Can be mec -Side facing str�eet on comer&tfu-ough lots -- N/A -Side yarcl 0/20 ft[1] 2 fr./q2 fr. -Rear yard 0/20[1] 126 ft. -Distance between property line and front of garage -- N,q Maximum Hei lit 45 ft. 40 ft. Can be met Minimum Landsca e Re uireinent 15% �0% Gn be met [1]Measured from the site plan. No rrunimum lot size is required for the GG zone. The lot width,landscape and lot coverage standards are met as shown in the table. However the s�te has a Planned Development overlay; therefore, at least 20% of the site must be shared open space facility. A condition of approval anthin the previously approved Planned Development Review (PDR200g-00001) requires that the Detailed Development PIan for Lot 2 show that the maxirrium srte coverage reqi.urement of 80% �s not exceeded for both sites. The buildin� gheight and most of the setbacks on Parcel 1 were appr�oved throu h PDR2009-00001 and have not changed. The one excepuon is the new prop�osed property line which affects t�e northern side yard setback A proposed canopy for the dine-uz car spaces will be located two feet from the new property line. The requirement is zero; therefore this standard is still met. Lot 2 is vacant and no detailed proposaI has been reguested for that portion of the site. Development standards for Lot 2 will be reviewed under a future Planned Development Review process. NOTICL OF DEQSION MLI'201U00001&VAR2010-00004/SOI�IICPARTITION&SIGN ADJLJSTMENT PAGE 7 OF 11 FINDING: Based on the analysis above, the Commercial Zoning Distnct Standards can be met conditionally f or lot 2. CONDITION: Prior to development of proposed Lot 2, approval for a detailed plan through the Planned Development Review process must be obtained. Access, Egress and Circulation(18.705): A detailed site plan showing access, egress and circulation was previously reviewed and appro��ed through the Planned Development Review process (PDR2009-00001). No changes are proposed to those access locations or dnve aisles. The proposed partition creates a new lot that has street frontage but no direct access to a public street. Joint access between Lots 1 and 2 to Pacif ic Highway and Royalty Parkway are proposed. Joint Access. Owners of ta�o or more uses, structures, or parcels of land rnay agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or�parcels of land satisfies the combined requirements as designated in this tide,provided: Satisfactory legal evidence shall be presented in the fonn of deeds, easeinents, leases or contracts to establish the �omt use; and copies of the deeds, easements, leases or contracts are placed on pernianent file with die City�. Previously approved access drives on Lot 1 will provide public street access for Lot 2. The applicant has proposed an ingress, egress, cu-culation easement on Lot 1 for the benefit of Lot 2 via the final plat, but that plan is not to scale. A condition of approval under the Land Partition section of this decision ensures this requirement will be satisfied. FINDING: The Access, Egress, and Circulation standards can be met as conditioned under the Land Partition section of th�s decision. Im�„act Studv(18.390� Section 18.�9 .��states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact the study shall propose improveinents necessary to meet City standard, and to minimize�he impact o� the deve"lopment on the public at large, public facilities systems, and affected private property users. In situations where the Coinmunity Developinent Code requires the dedication of real propem� interests, the applicant shall either s pecifically concur w�th a re uirement for public right-of-way- dedication, or provide e�ndence that supports �hat the real properiy dedica�ion is not roughly proportional to the projected iinpacts of the develo ment.. Section 18.390.D40 states that when a condition of ap roval reguires fhe transfer to the �ublic of an interest in real property, the approval authority shall adopt findn gs which support die conclusion �at the interest in real prope�y to be transferred is roughly proportional to the impact the proposed developinent will have on fhe public. Because the proposal is onlyfor a partition and adjustment,public facilities and services will not be ftu-ther impacted Even so, an Impact Study was provided by the applicant as reqwred by section 18.390.040 to outline how shared f acilities a�i]1 be accommodated. A new water meter will be installed on each lot. Sanitary sewer service will be extended through Lot 1 from SW Royalty Parkwa��via a public line to Lot 2. An associated sarutary sewer easement will be provided f or Lot 2. Stormwater will be han led by a shared f acility between Lots 1 and 2. ROUGH PROPORTIONALITY ANALYSIS The Washington Counry Transportation Development Tax TD'1� is a mitigation measure that is required at the time of development. A transportation impact study prepared �y Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61 �s used as the bas�s for the Rough Proportionaliry Analysis. Based on Waslun�ton Counry figures TDTs are expected to recapture a percentage of the traffic impact of new development on the �ollector and Artena� Street system. Street unprovements and nght-of-way dedication were required with the Planned Development Review and shown to be roughly proportionate to the approved development. No additional public improvements are required with this partition and adjustment;therefore no analysis �s required. PUBLIC FACILITY CONCERNS Street And Utility Im rovements Standards (Section 18.8101: Chapter 18.810 provi�es constnzction standards or the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: NOTIC�OF DEQSION MLI'2010-00001&VAR201400004/SOI�IICPARTTTION&SIGNADjiJS'TMENT PAGE 8 OF 11 E as ements Utility easeinents: Section 18.810.050 (B� A property owner proposing a development shall make airan�einents with the City, the applicable district and each utility franchise for the pro��ision and dedication of uti ity easements necessary to pro�7de full services to the development. The City's standard width for public maui line utility easements shall be 15 feet unless othernise specified by the utility company, applicable district, or City Engineer. The applicant proposes a 15-foot wide sanitary sewer easement to be provided to the Ciry of Tigard over the public main n�nnmg from Royalry Parkway across Lot 1 to serve Lot 2. The easement is shown on the prelunuzary plat. A condition of approval a�ll ensure the easement is included on the final plat. Streets: Lots - Size and Shape: Section 18.810.060(A) states that lot size, width, shape and orientation shall be appropriate for the locat�on of the development and for the ty�pe of use contemplated and: 1) no lot shall contain part of an existing or proposed right-of-way within its dimensions, 2) the depth shall not be more dian 2.5 times the average lot width, unless the parcel is less dian 1.5 times the minimum lot size of the applicable zoning distnct, and 3)de th and width of properties zoned for cominercial and industrial purposes shall be adequate to provide for t�e off-street parking and service facilities required by the type of use proposed. Lot 1 has an average lot width of 129 and a depth of approximately 288 feet (2.23 times). The average lot a�idth on Lot 2 is 70 feet and the average depth is approximately 279}eet (3.98 tunes . There �s no inuumum lot size for the General Corrunercial (GG) zone. The applicant states that due to the shape o�the parent parcel both parcels cannot meet the depth reqwrement, only lot 1. The site is zoned for commercial uses and the proposed lot shape and size accommodates the previously approved development plan, required off-street parking and service facil.tt�es. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to eidier have a minimurn 15-foot frontage or a mimmum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet. Lot 1 has 133 feet of street fronta�e along Pacific Highwayand 71 feet of frontage along RoyaltyParkway: Parcel two has 73 feet of frontage along Pacific Highway. This standard�s sat�sfied. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to e�sting mains in accordance with the provisions set forth in Design and Construction Standards}or Sanitary and Surface Water Management(as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by t1�e Comprehensive Plan. Public sewer has been eXtended into the site. The prelirninary plat shows a 15-foot wide sanitary sewer easement. A condition of approval will ensure this requirement�s met. FINDING: The Street and Utilit�T Improvement standards have not been satisfied but can be as conditioned below. CONDITION: The applicant shall show a 15-foot public sanitarysewer easement on the final plat for the public line located on Lot 1. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDIIRDS: Fire and Life Safetv: Tualatin Valley Fire and Rescue (South Division) [Contact:John Dalby, 503-35b-4723] provides fire protection services within the Ciry of Tigard. NOTICE OF DEQSION MLI'201400001&VAR2010-00004/SOI�IIC PARTTTTON&SIGN ADJiJSTMENT PAGE 9 OF 11 Public Water System: Water service is provided by the City of Tigard. The Sonic Restaurant project is installing water service to both lots. Address Assiarunents: The Ciry of igard is responsible for assigning addresses for parcels within the City of Ti ard and within the City of Ti ard. An addressuzg fee in the amount of$50.00 per address shall be assessed. Tlvs fee s�all be paid to the Cirypnor ro�inal plat approval. Survey Requireinents: The applicant's final plat shall contain State Plane Coordinates AD 83 (9� 1)] on two monuments with a tie to the Cit�s global position�ng system (GPS) geodetic control network(�GC 22). These monuments shall be on the same line and shall be of the same prec�sion as reqwred for the partition plat boundary. Along with the coordinates,the plat shall contain the scale factor to conven ground measurements to gnd measurements and the angle from north to gnd north. These coordinates can be established by: � GPS tie networked to the City's GPS survey. ♦ By random traverse using conventional surveyu�g methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's eng�ineer shall provide the Ciry with an electronic file with poults tor each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS The City of Tigard Public Works Department, City Arborist, City Building Division, and Tigard Police were sent a copyof the proposal. No objections were made byanyof the staff. The Development Review Engineer has reviewed the proposal. Comments and conditions have been incorporated into the dec�sion. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue endorses the proposal and has no conditions insofar as fire apparatus access or firefighting water supplies. Portland General Electric has reviewed the proposal and has no objections. Clean Water Services comments have been incorporated into the decision through by the Development Review Engineer's conditions. Oregon Department of Transportation commented that the agencyis not obligated to provide additional approaches to the state highway f or new parcels and recommends the f ollowuig condition: • The applicant shall record cross-over easements to the adjacent properties with state highwayfrontage with the County Assessor. N01'ICE OF DECISION MLI'2010-00001&VAP.2010-00004/SONIC PARTITION&SIGN ADJLJSTMENT PAGE 10 OF ll . SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 30, 2010 AND BECOMES EFFECTIVE ON MAY 15, 2010 LTNLESS AN APPEAL IS FILED. DA� �ea-l:� The ll�rector's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18390.040.G.2. of the Tigard Communiry Development Code which provides that a written appeal together with the re�quired fee shall be filed with the Director with�n ten (10) business days of the date the Notice o} Dec�sion was mailed. "i"he appeal fee schedule and forn�s are available from the Plannulg Div�sion of Tigard Ciry Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments subrrutted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party durin�the appeal hearing, subject to anyadditional rules of procedure that maybe adopted fromtune to time bythe appe ate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY14, 2010. I�estions: e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503� 639-4171. �" � - �- C`x``'�� A ril 30 2010 PREPARE BY: Cheryi Caines ATE Associate Planner � ri130 2010 APPROVED BY: Ron Bunch ATE Community Development Director NOTICE OFDEQSION MLI'201400001&VAR2010-00004/SONICPARTITION&SIGNADJLJS'IIvIENT PAGE il OF 11 �_ _-�,r �. :- � ;� .; �' �� 1r'— '� �� VICINITY MAP � ---____ , _ . �I �� , �-� � / �• � f :-- _ _ __ . ,_ _..__ _ . �� Y �, i � r . . . � j�� , � � %� r f I "� MLP2010-00001 `•..,`��'{ -''� _ rr � VAR2010-00004 ��- I_ - ; I � ~` __--i"`��•±�t�ekLk.t�tJS� � _. �''�� /1 �; B 8 +` SONIC PARTITION �t~ - �JI�' ^..?. ��'�'�`'(�� \ '�I . ... .. ..... . ... .. ... .. _..... �. , � ✓` �VVLI � 1 - = , ��I ,�l ^"�7' P i '+I� _ _ ' �. � �'-~ � _ j ��} �y�p�7 i �' �- ��".F .y-•.ti �� i' 7� ~ �°'+� . �,. � �J, �-�f Subject Site � r-'"` t � �� r '1 � � ti - '`� yt � �r r f - � '� � ! f �- �:,. � ; _ r,, � 1 �� - _ - .y � �; � , 5 ;'I `��- -- - -"`_—��`- �'f f _ -� ., �� — `-'ti __ _ ��—� . �"i-- -- '� r ,_,� '_�:- - y'� j _�_1�r '� j �� 1 � � ...,. :, :.., 1. -�' r -----� I I � = y . i � ��f`Yx: X ^.I f� �� 4�S/' f � ?y4'�1`� `, .� �' t`'�, <, r-� ' fr `;� t;�: ; � I �')'� f , �'`--t � k,�.�.. .�,:, �, B B�' -�l — ._;- .��.t 1 � �� /`� - __ _ I qa' •~� !-"-� � ;1 � e 8�' �-B``�`� �� , ! � B 8 8 q--_��-- ry"---�-� - Z /f °o g ° � �y '---~�`� + � - / � o O t� � � 0 �� ~� �` _ a'�� /� o � e' o ° - 0 0 0 � B �f�`f �`I-�. Q� �"-- ,�-�—__-- ee� e 8 o B `-`� — � � t.. ,! ; B o -�_ �..1'r i 1f f � 0000 0 °O � Infortnation on this map is for general location ' L`i f � --1 B o° � only and should be verified with t�e Development .;i f o 00 � o � ` Services Division. eo0 0 ' 1 e r � � �J�\ Scale 1-A.000-1 in=333 ft '��' / I 888 8 '`� �yr-'t� +�. .� _1 �, ntap pnntea at oa t9 NM on 3i-nnar-io ._ / /I JJ� ~•,�y�- � �'' pAT�I5�ERNED FROM NULiNtE SdIRCES.TXE CITY OF TIG0.R0 l/ / �r1' '•.I I ,[ �' •1 t_ MAKESNOWARRANTY.REPIIESENTATIDNORGUM�NTEEASTOTME f r I f� � f GOMTEMT,ACCURACY,lIMELINE550RCOMPIETENE550F�NYOFTnE d1TA PROVIOEO MEREIN.TXE CITV OF TIC.�IEU SMALL ASSIIME NO � C� � C, f f�� LU�BILRV FOR�NV ERRORS.OMISSIONS.OR MlI�LCURMCIES IN TXE �`-� . 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T�.�F: '}�:.,Q4+'+ � �' � S i 1 , n ��,_.. �- _.`�^'�°-�o ---... i , .... _�: .� _ NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2010-00001 ; ;;.�a .� SONIC PARTITION 120 DAYS = 7/24/2010 SECTION I. APPLICATION SUMMARY FILE NAME: SONIC PARTITION CASE NOS: Minor Land Partition (MLP) MLP2010-00001 Adjustment (VAR) VAR2010-00004 PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existing 1.33-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. A�s_�ign code adI'ustment is also requested to uzstall a second free-standing si n along �the SW Royalty 1'arkway frontage in addition to a freestanding sign on S�Pac�fic Highway. Prelurunary approval was previously granted to construct a Sonic Drive-In restaurant on proposed Lot 1 (PDR2009-00001). No deta�led plan has been approved for Lot 2. APPLICANT/ MWF Tigard, LLC/ APPLICANT'S MacKay&Sposito OWNER: The Wetsel Co. �P•� Bob Sable Jess Wetsel 1325 SE Tech Center Dr., 2123 NW Aloclek Dr., Suite 1203 Suite 140 Hillsboro, OR 97124 Vancouver,WA 98683 COMPREHENSIVE PLAN DESIGNATION: GG: General Commercial ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are lunited to single-family residences which are located on the same site as a pemzitted use. A wide range of uses, including but not limited to adult entertairunent, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. LOCATION: 15300 SW Pacific H'ighway;Washington CountyTax Map 2S110DB,Tax Lot 500. PROPOSED PARCEL 1: 38,343 Square Feet. PROPOSED PARCEL 2: 19,512 Square Feet. APPLICABLE RE VIE W CRITERIA: CommunityDevelopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18J95 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Commuruty Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenry-five cents (25�) per page,or the current rate charged for copies at the tune of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 30, 2010 AND BECOMES EFFECTIVE ON MAY 15, 2010 LTNLESS AN APPEAL IS FILED. T�A eal: irector's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as� provided in Section 18390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Communitv Development Code wYuch provides that a written appeal together with the required fee shall be filed with the�Director within ten �10) busmess days of the date the Tlotice of Dec�sion was ma�led. The appeal fee schedule and forms are ava able from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues ident�fied in the wntten comments subrrutted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subirutted by any party duruz_g the appeal hearing, subject to any additional rules of procedure that may be adopted from tune to tune bythe appelIate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 14, 2010. est�ons: For urther information please contact the Planning Division Staff Planner, Che Caines at (503) 639-4171, Tigard Ciry Hall, 13125 S�U HaII Boulevard, Tigard, Oregon 97223 or by email to cher�lc(a�tigsrd-or.gov. ;� VICINITY MAP �' _.. I�� '!� MLP2010-00007 VAR2010-0000! 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C�G\E �F-3o-io � L�.Y_----____—'-�_.._--� NO�fICE TOMORTGAC�E,LIENHG_ �R,VENDORORSELLER TT�E TTGARD DEVELOPMENT�DE REQLJIRES ZHAT IF YOU REC�IVE T�-IIS NOTIC.E, IT SF-�ALL BE PROMI''Ti,Y FORWARDED TO TI�PURC�-IASER NOTICE OF PENDING ,, LAND USE APPLICATION : MINOR LAND PARTITION . , � DATE OF NOTICE: Apri12, 2010 FiLE No.: MINOR LAND PARTITION (MLP) 2010-00001 ADJLTSTMENT(VAR) 2010-00004 FILE TITLE: SONIC PARTITION APPLICANT& MWF Tigard,LLC/ APPLICANT'S MacKay&Sposito OWNER The Wetsel Co. REP: Attn:Bob Sable Attn:Jess Wetsel 1325 SE Tech Center Dr.,Suite 140 2123 NW Aloclek Dr.,Suite 1203 Vancouver,WA 98683 Hillsboro,OR 97124 REQUEST: The applicant is requesting a Minor Land Partiuon to partition one (1) existing 133-acre site into two (2) parcels for coinn�ercial development. The proposed lots are 38,343 and 19,512 square feet in size. A sign code adjustment is also requested to install a second freestanding sign. 'The second sign is proposed alon the RoyaltyParkwayfrontage. Prelirrunaryapproval was previously granted to construct a Sonic Dnve-in restaurant on proposed Lot 1 �1'DR2009-00001�. No detailed plan has been approved for Lot 2. LOCATION: 15300 SW Pacific Highway;Washington County Tax Map 2S110DB,TaY Lot 500. ZONE: GG (PD): General Commercial District.The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Cit�wide and even regional trade area. Except where non-confomung, residential uses are limited to single-family residences which are located on the same site as a pernutted use. A wide range of uses, including but not limited to adult entertairunent, automouve equipment repair and storage, mini-warehouses, utiliues, heliports, medical cente�, major event entertainment, and gasoline stations,are permitted conditionally. (PD) The subject ropeny has a planned development overlay on a portion of the site. The purposes of the planned development overlay zone are: 1 To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexi le standards which consider and nutigate for the potential impacts to the City; 2) To provide such added benefiu as increased natural areas or open space in the City, alternative buildin� designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other rypes of assets that contnbute to the larger community in lieu of stnct adherence to many of the rules of the Tigard Community Development Code; 3) To achieve unique neighborhoods (by varying the housing styles through architectural accents,use of open space,innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through a��ro riate buffering and lot size transitiorung;4) To preserve to the greatest e�ctent�ossible the e�sting landscape features and ameruues �trees,water resources, ravuies,etc.) through the use of a planning procedure (site design and analysu, presentation of alternatives, conceptual review,then detailed review) that can relate the type and design of a development to a particular site; 5) To consider an amount of development on a srte,within the limits of density requiremenu, which will balance the interests of the owner, developer, neighbors, and the City; and 6) To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. APPLICABLE REVIEW CRITERIA: CommunityDevelopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18J95 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to subnut written comments on the applicauon to the Cary. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 16, 2010. All comments should be directed to Cheryl Caines,Associate Planner (x2437) in the Plannin Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the Ciry of Tigard by telep�one at 503-639-4171 or by e-mail to cherylcCa�ltigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGt1RD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR CONIMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS TT� QT'Y OF TTGARD APPREQATES REC�IVING COMIvIENTS AND VALLJES YOUR INPUT. CONII��NTS WILL BE CONSIDERED AND ADDRESSED WIT�-IIN THE NOTIC� OF DEQSION. A DEQSI4N ON T�IIS ISSUE IS TENTATIVELY SCE-IEDULED FOR APRIL 30, 2010. IF YOU PROVIDE CONIMENTS, YOU WILL BE SENT A COPY OF 'THE FULL DEQSION ONC� IT HAS BEEN RENDERED. WRITTEN CON�vv1ENTS WILL BECOME A PART OF '1�� PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMAT'ION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise anyissues and/or concerns believed to be important with sufficient evidence to allow the Cityto provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. FAILURE OF ANY PART'Y TO ADD._,�S T'�IE RELEVI�NI'APPROVAL CRI"�___.IA WITH SLTFFIQENT SPEQFIQ7'Y MAY PREQ,UDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCLJIT COURT ON THAT ISSUE. SPEQFIC FINDINGS DIRECTED AT TT-IE RELEVAN"T APPROVAL CRI7'ERIA ARE WHAT CONSTTTUTE RELEVANI"EVIDENCE. AFT'ER TF-IE 14-DAY CODRvIENT PERIOD QOSES, THE DIRECTOR SH.ALL ISSUE A TrI'E II ADMINISTRATTVE DEQSION. T�'. DIRECTOR'S DEQSION SHAI_L BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF Tf-� SUBJECT SIT'E,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMNIENTS OR WHO IS OTHERWISE ENTITLED TO NOTIC�. T�IE DIRECTOR'S DEQSION SHALL ADDRESS ALL OF T�iE RELEVANT APPROVAL CRITERIA. BASED UPON Tf-IE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD,'I��DIRECTOR SHALL APPROVE,APPROVE WITH CONDITTONS OR DENY Tf-�E REQUESTED PERMIT OR ACITON. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the Ciry • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • CityStaff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent properry tax assessment roll; any Ciry-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Communiry Development Department. If you want to inspect the file,please call and rr�ake an appointment with either the project planner or the plannuzg technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Corrunents." .;� VICINITY MAP 'vl M�vzMOa000t - YAR20f0�00G� H� � ° �# � � SOMC PAR7ITION =� �� ------- - - - / � P' H Q n�F�;�'::.�� i . .�,,i�'� ',.�,�� > ; � e Subjec[Site �' ��f, � �\�� _ � � ,� � `" 3' Ao+n`r°" I� °�� .- o`°', �-�� , c c B - 3 BB � - C�S B 6 E�F,� — r e B e / 1 e B B B � � g B B B v e B B B CQ � 8 a 8 �B e � B � B .i.�.r��e7.ir o..+�r ' P ., e B �B 8 ��m-i., • � �g wv�wa��cwm.+v.�a _ �'��.s s""�T. BB^ '._' _'_'—'—_ FM e 8 U:N�}FNiI: �� +�.oue�nn � 0 500 B � ..1� � . � e `...�p�a>_vn � � Ce� _�' I, � � . �_� ,.. 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'.1R;°� „, �^,,,,, „� .+a�ss�Nr,�v�� °..�'��..T°..CY.��""s.�° 6+^=S5�s��. e.�<.. fL 1.J - �� City of Tigard . , , , REQUEST FOR COMMENTS DAT�:: .�nri12. ?010 RECEl4�� PLfi;Ni�J11VG TO: Mike Hieb, Portland General Electric APR 0 9 2010 FROM: Cit�-of T�rd Planning Di��ision CITY OF TIGARD STr�FF CONTACT: Cher�l Caines,l�ssociate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cher��lcnea,riQa� rd-or.gov MINOR Lt�ND PARTITION (MLP) 2010-00001/ADJUSTMENT (VAR) 2010-00004 - SONIC PARTITION - REQUEST: 'I'he ap licant is requesting a �Linor Land Partirion to partition one (1) e�istin� 1.33-acre site into two (2) parcels for commercia�development. The proposed lots are 38,343 and 19,512 square feet in size. <� sign code adjustment is also requested to install a second freestanding sign. The second sign is proposed along the Royalty Parkwa�- frontage. Preliminar5- appro�-a1 was pre��ouslt• granted to construct a Sonic Dri�e-ui restaurant on proposed Lot 1 (PDR2009-00001). No dctailcd plan has bccn appro�-cd �or Lot 2. LOCATION: 15300 SW Pacific Highwa}';Washin�ton Count�-Tax Map 2S110DB, Tax Lot 500. ZONE: C-G (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and ci�-ic uses with a City-wide and even regional trade area. Except where non- conforming, residenrial uses are limited to single-familv residences wluch are located on the same site as a pernutted use. A wide range of uses, including but not limited to adult entertainment, automori�-e equipment repair and storage, mini- warehouses,utiliries, heliports,medical centers, major event entertauunent,and gasoline starions, are permitted condiuonallv. �I'D) The subject propert�' has a planned development overlay on a porrion of the site. APPLICABLE REVIEW CRITERIA: Commumt�- De�-elopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18.795 and 18.810. The Proposed Amendments are attached for your re��iew. From informarion supplied by various departments and a�encies and from other information a�-ailable to our staff, a re�ort and recommendatton will be prepared and a decision will be rcndered on the proposal in the near future. If you wish to comment on this applicarion, WE NEED YOUR COMMENTS BACK BY: Friday April 16, 2010. You may use the space provided below or attach a separate letter to return �-our c�mmcnts. If�-ou are unable t<� res�ond b�� the above date, please phone the staff contact noted above with your comments and confirm vour comments in writing as soon as possible. If you have any quesrions, contact the Tigard �'lanning Di�Tision, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: � We have re�-iewcd thc propc>sal and ha�-e no objections to it. Please contact of our office. Please refer to the enclosed letter oY email. _ Written comments pro��ided below: Name&Number of Person Commenting: f `�� Q�r`C I,� S�3 �b_ � v l�''�. - � City of Tigard - . , , REQUEST FOR COMMENTS D�TE: .1�ri1 ?, �?010 RECEl1f�� PLP+NM1IINCa TO: jim Wolf,Tigard Police Department Crime Prevention Officer qPR 0 7 2010 FRO�f: Ci ,•t� �f Tigard Plannin�Di��ision r��TY OF TIGARD STAFF CONT�CT: Chert•1 Caines,��ssociate Planner Phone: (503) 718-2437 Fa�:: (503) 718-2748 Email: cher,��(a�ri�ard-or.�o�- MINOR LAND PARTITION (MLP) 2010-00001/ADJUSTMENT (VAR) 2010-00004 - SONIC PARTITION - REQUEST: �l'he a�plicant is requesting a :�Iinor Land Partirion to parririon one (1) esistin� 1.33-acre site into two (2) parcels for commercial de�-elopment. The proposed lots are 38,343 and 19,512 square feet in size. � sign code adjustment is also requested to install a second freestanding sign. 1�ie second sign is proposed along the Royalry Parkway frontage. Preliininan- approval was previousl�� granted to construct a Sonic Drive-in restaurant on proposed Lot 1 (PDR2009-00001). No detailed plan has been approved for Lot 2. LOCATION: 15300 SW Pacific Highway;Washin�ton County Tax Map 2S110DB, Ta� Lot 500. ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non- conforming, residenrial uses are limited to single-family residences wluch are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automori�=e equipment repair and storage, mini- warehouses, utiliries,heliports,medical centers,ma or event entertauiment,and gasoline stauons,are permitted condirionallv. �1'D) The subject pro�ertt- has a planned de�-e�opment overla}� on a porrion of the site. APPLICABLE REVIE�1 CRITERIA: Commurun• I�evelopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18.795 and 18.810. The Proposed Amendments are attached for �-our review. From information supplied bv various departments and agencies and fr<>m �rher informarion a�-ailable to our staff, a re�ort and recommendanon will be prepared and a decision w�ll be rcnd�rca on the �rc�posal in t}Ie t7ear future. If��ou wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday Apri116, 2010. You may use the space pro�-ided below or attach a separate letter to return �-our comn�ents. If��ou are unable to res�ond b�� the above date, please phone the staff contact noted above with vour comineilts and confirm�-our comments in�vriting as soon as possible. If��ou hace ant-quesrions, contact the Tigard Planning Di�-ision, 13125 SW Hall Boule�-ard,Tigard, OR 97223. PL ASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ ��'e ha�-e re�riewed the proposal and ha�-e no objections to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided belo�u: Name&Number of Person Commenting: �l� M�U�� x 2�r . � . City of Tigard . , , REQUEST FOR COMMENTS Dr1TE: ��nnl 2, 2010 TO: Todd Prager,City Arborist PROM: Ci ,-t�Tigard Planning Di�-ision STAFF CONT?�CT: Cher�-1 Caines, ��ssociate Planner Phone: (503) 718-2437 Fat: (503) 718-2748 Email: cher�•lc(a�ri�ard-or.go�- MINOR LAND PARTITION (MLP) 2010-00001/ADJUSTMENT (VAR) 2010-00004 - SONIC PARTITION - REQUEST: The applicant is reyuesting a �linor Land Parriti�ii t� partiu�n �ne (1) e:cistin� 133-acre site uit� two (2) parcels for commercial de�-elopment. The proposed lots are 38,343 and 19,512 square feet in size. � si�m code adjustment is also requested to install a second freestanding sign. The second sign is proposed along the Roy�alty� I'arkway frontage. Prelunuiarv approti-al was pm��iously �x'anted to construct a Sonic Drive-m restaurant on proposed Lot 1 (PDR2009-00001). No detailed plan has been approved �or I,ot 2. LOCATION: 15300 SW Pacific Highway;Washin�ton County Tax Map 2S110DB, TaY Lot 500. ZONE: C-G (PD): General Commercial District. The C-G zoning dtstrict is designed to accommodate a full range of retail, office and ciaic uses with a Citv-wide and even regional trade area. Except where non- conforming, residenrial uses are lunited to single-family� residences which are located on the same site as a pern�itted use. A wide ran�e of uses, including but not limited to adult entertairunent, automorive equipment repair and storage, mini- warehouses,utiliries,heliports, medical centers, maJor e�-ent entertainment,and gasoline stanons, are permitted condirionally�. (I'D) The subject pro�em- has a planned derelopment overla�� on a porrion of the site. APPLICABLE REVIEW CRITERIA: Commumn-De�-elopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18.795 and 18.810. The Proposed Amendments are attached for ��our re�7ew. From informarion supplied bt- <<arious departments and a�encies and fr�m other information a��ailable to our staff, a report and recommendanon 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 BACK BY: Friday Apri116, 2010. You may- use the space provided below or attach a separate letter to return ��our comments. if�c>u are unable to res�ond b�� the above date, please phone the staff contact noted abo�-e with vour comments and confirm ��our comments in wriring as soon as possible. If you haee any quesrions, contact the Tigard Planning Division, 13125 SW�Hall Boulevard,Tigard, OR 97223. PL E CHECK THE FOLLOWING ITEMS THAT APPLY: ��'e ha�-e re�-ie��-ed the proposal anci ha�•e no objecrions to it. �Please contact of our office. Please refer to the enclosed letter or email. _ Written comments pro`-ided belo�v: Name&Number of Person Commenring: - � City of Tigard . . , � REQUEST FOR COMMENTS DA I'E: _�nril 2, 2010 TO: PER ATTACHED FROM: Cit��of Tigard Planning Division STAFF CONTACT: Chervl Caines,:�ssociate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cher��lc(a�,ti�a� rd-or.go�- MINOR LAND PARTITION (MLP) 2010-00001/ADJUSTMENT (VAR) 2010-00004 - SONIC PARTITION - REQUEST: The a�plicant is requesting a �finor Land Partirion to paruuon one (1) e�stin� 1.33-acre site into two (2) parcels for commercial de�-elopment. The proposed lots are 38,343 and 19,512 square feet in size. �� sign code adjustment is also requested to install a second freestanding sign. "I�he second sign is proposed along the Royalry Parkway frontage. Preliminary approval u�as pre�-iousl�-�ranted to construct a Sonic Drive-m restaurant on proposed Lot 1 (PDR2009-00001). No dctailcd �lan has bccn appro�-cd �or Lot 2. LOCATION: 15300 SW Pacific Highway;Washin�ton Countv Tax l�Zap 2S110DB, 1ax Lot 500. ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Cin�-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-famil�- residences which are located on the same site as a permitted use. � wide range of uses, including but not limited to adult entertainment, automorive equipment repair and storage, mini- warehouses, utiliries,heliports,medical centers,ma or e�-ent entertainment,and gasoline stanons, are permitted condirionall��. �D) The subject propem- has a planned deve�opment overla�� on a porrion of the site. APPLICABLE REVIEW RITERIA: Commumn-De�-elopment Code Chapters 18.370, 1,8.390, 18.420, 18.520, 18.780, 18.795 and 18.810. The Proposed Amendments are attached for vour re��iew. From informarion supplied by various departments and agencies and from other informauon a�-ailable to our staff, a re�ort and recommendanon will be prepared and a decision will be rendered on th� }�roposal in the near furure. If you wish to comment on this applicauon, WE NEED YOUR COMMENTS BACK BY: Friday A�ri116, 2010. You may use the space provided below or attach a separate letter to return ��c,ur coiiunents. If��u are unable to res��nd � the above date, please phone the staff contact noted above with your comments and confirm�-our comments in writing as soon as possible. If vou have any quesrions, contact the Tigard Planning Di��sion, 13125 SW�Hall Boule�-ard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We ha�-e re�-ie�vcd the proposal and ha�-e no objections to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided below: Name&Number of Person Commenting: '"�TY OF TIGARD REQUEST FOp �OMMENTS y ' • NOTIFIC, N LIST FOR LAND USE & COMMUNITY L _LOPMENT APPLICATIONS FILE NOS.: �� M�.P D�U "ObO�I FILE NAME: Son �C� I�p..r-�i-}��u n CITY OFFICES C.D.ADMINISTRATIONlRon Bunch,CD Director X DEVELOPMENT SERVICES/Gus Duenas,Development Engineer �PUBLIC WORKS/Brian Rager,Assistant PW Director C.D.ADMINISTRATION/Susan Hartnett,Asst.CD Director X DEVELOPMENT SERVICES/Todd Prager,Assoc.PlannerlArborist PUBLIC WORKS/Steve Martin,Parks Manager _CITY ADMINISTRATION1Cathy Wheatley,City Recorder LC BUILDING DIVISION/Mark Vandomelen,Building Official _PUBLIC WORKS/Ted Kyle,City Engineer � DEVELOPMENT SERVICES/Planning-Engineering Techs. �POLICE DEPARTMENTIJim Wolf,Crime Prevention Officer HEARINGS OFFICER(+2 sets) _LONG RANGE PLANNING/Christine Darnell,Code Compliance Specialist(DCA) PLANNING COMMISSION(+12 sets) X FILElREFERENCE(+2 sets) SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.�YZC TUALATIN VALLEY FIRE&RESCUE+ _ TUALATIN VALLEY WATER DISTRICT+1 X� CLEAN WATER SERVICES► Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170'"Avenue David Schweitzer/SWM Program � Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist M2IIfl(j2 WOOd(WLUN Porm RequireA) _ S�8V2�1 SPBfI(5,Dev.Svcs.Manage� 18H80 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING� _OR.DEPT.OF GEO.8 MINERAL IN�. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,DataResourceCenter(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growm Management Coord�nator OR.DEPT.OF LAN�CONSERV.&DVLP. Kathryn Harris�rnaPS a cws�ene�o��y� _ O.Gerald Uba,Ph.D.,(CPA/DCA/ZON) M2f2 UII08(Comp.PianAmenOmenis&Measure37) Routing CENWP-OP-G (Z CITY OF KING CITY� 635 Capitol Street NE,Suite 150 PO Box 2946 Ciry Manager Sale��,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� � OR.DEPT.OF ENERGY(POwer�ines i�nreaJ _OR.DEPT OF AVIATION�mo�oaoieTowar:) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO � Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 5alem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Naomi Vogel-Beattie�ce�e�a�aPPS Lake Oswego,OR 97034 Planning Division�zcn�MS,a _ OR.DEPT.OF ENVIRON.(]UALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cPn� CITY OF PORTLAND (Notitylor Wetlands ana Polenlial Em�ronmenlai Impacis) ZC Development Review Coordinator poria Mateja�zcn�Ms�a Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va�a��o�5� _Sr.Cartographer�ca�,ac��MS,. 1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rveYO�,zcA,MS,s Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 OR.PARKS&REC.DEPT. WA.CO.CONSOL.COMM.AGNCY aC ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin�weeca�°e,r�,MO�o��<.�..s, Chad Gordon,nssistant Disinct Manager (NO�ity if ODOT R/R-Hwy.Crossing is Gn;�Access to�and) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr CrossingSafetySpeciahst (Notifyi(PropeAyHasHDOverlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13`"Sireet,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(sur�ington Northern/Santa Fe R/R Predecessor) Bruce Carswell, President 8�General Manager 200 Hawthome Avenue SE,Suite C320 Salem,OR 97301-5294 SOUTHERN PACIFIC TRANS.CO.R1R METRO AREA COMMUNICATIONS �C COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer�n��exa��o�sornY� Gerald Backhauscsce��ao�a,c�w�n plProjecllsWit�in%Mdeo(aTransilRouie) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,5-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 I X PORTLAND GENERAL ELECTRIC X NW NATURAL GAS COMPANY ZC VERIZON � QWEST COMMUNICATIONS 5 Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Bivd. 8021 SW Capitol Hiil Rd,Rm 110 Wilsonville,OR 9707� Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 ZC COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Teri Brady,AdminisVative Offices Jennifer Garland,Demographics Alex Silantiev �s«r,�w��ac�,��i Brian Every,4„�e.o�w��w�w, 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 +IF INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00'OF THE SUBJECT PROPERTY FOR ANYfALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Noti(y�. h:\patty\masterslRequest For Comments Notification�isl.doc (UPDATED: e-Mar-io) (Also update�.iicurpin\setup\labels\annexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this document) � - � City of Tigard - . . , REQUEST FOR COMMENTS Dr'�TE: l�nril2, 2010 TO: Mark VanDomelen, Buildin�Official FROM: Cit�� of Tigard Plannin�Division STAFF CONTr,CT: Cher�l Caines,Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2748 Email: cher�lc(a�ri�ard-or:gov MINOR LAND PARTITION (MLP) 2010-00001/ADJUSTMENT (VAR) 2010-00004 - SONIC PARTITION - REQUEST: "The applicant is requesting a Minor Land Parririon to partirion one (1) e�stin� 1.33-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. � sign code adjustment is also requested to install a second freestanding sign. The second sign is proposed along the Royalty Parkwav frontage. Preliininar�- approval was pre��iously�r anted to construct a Sonic Drive-in restaurant on proposed Lot 1 (PDR2009-00001). No detailed plan has been approved �or Lot 2. LOCATION: 15300 SW Pacific Highway;Washington Counry Tax Map 2S110DB, Tax Lot 500. ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City�-wide and even regional trade area. Except where non- conforming, residential uses are limited to single-family residences whtch are located on the same site as a permitted use. r� wide range of uses, including but not limited to adult entertauiment, automorive equipment repair and storage, nviu- warehouses, utiliries, heliports, medical centers,ma)or event entertainment,and gasoline stanons, are permitted condirionally. �1'D) The subject pro�ertv has a planned development oveYlay on a porrion of the site. APPLICABLE REVIEW CRITERIA: Commurun� Development Code Chapters 18.370, 18.390, 18.420, 18.520, 18.780, 18.795 and 18.810. The Proposed Amendments are attached for your re��iew. From information supplied by various departments and agencies and from other informarion available to our staff, a report and Yecommendanon will be prepared and a decision will be render�d on the proposal in the near future. If you wish to comment on this applicarion, WE NEED YOUR COMMENTS BACK BY: Friday Apri116, 2010. You may use the space provided below or attach a separate letter to return your coiiunents. If vou are unable to res�ond b�� the above date, please phone the staff contact noted above with vour comments and confirm��our comments in wriring as soon as possible. If you have an`�quesrions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: :�!` We ha�-e revie�ved the proposal and have no objecrions to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided below: Name&Number of Person Commenting: �J Cheryl Caines From: Brian Rager Sent: Tuesday, April 06, 2010 12:42 PM To: Cheryl Caines Subject: MLP 2010-00001, Sonic No comments from PW. Brian D. Rager Assistant Public Works Director Public Works Department Direct: 503-718-2471 E-mail: brianrCa)tigard-or.gov Public Works: Taking Care of Our Community DISCLAIMER E-mails sent or received by City or Tigard employees are sub�ect to publ�c record laws If requested, e-maii may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 . r MEMORANDUM CITY OF TIGARD, OREGON DATE: r,pril6, 2010 TO: Cheryl Caines, Associate Planner FROM: Uus Duenas, Development Engineer� RE: MLP2010-00001 Sonic Partition Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO. ��ccess issues are addressed in the land use approval for the Sonic Restaurant. However, for the proposed partition, joint access easements between Les Schwab and the developer and between the two lots will have to be prepared, recorded and referenced on the final plat. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic cornmonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. N/:� Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. N/�� Street And Utility Improvements Standards�Section 18.8101: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: ENGINEERING COMMENTS I��.P 2010-00001Sonic Partiuon PAGE 1 Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a neighborhood route to have a maximum 58-foot right-of-way width and 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities,street lighting, storm drainage, and street trees. N/:� Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the properry owners which shall not be removed until authorized by the Ciry Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. N/:1 Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered 1;NGINEI;RING C0�1MEN'I'S I�LLP 2010-00001Sonic Parution P.�Gf? 2 topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. N/A Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. N/� Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or raikoads. • For non-residential blocks in which internal public circulation provides equivalent access. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. 1:NGIN1-:ERING CUI�1I�tf?NZ'S NII.P 2010-00001Sonic Partition PAG1? 3 Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on �ublic or private streets, other than an alley. In the case of a land parution, 8.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet Ciry design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. N/,'�. `1'hese and other requirements are imposed only upon development of a site. Ther� is no de�-elopment proposed, only parutioning of the e�sting lot. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 199G and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.U9U.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Public sewer has becn extended into the site. The plat should reflect a 15-foot public sanitary seweY easement. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). ENGINEERING COMMEN'TS MI.P 2010-0OOO1Sonic Partiuon P�GE 4 1'here are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the Ciry Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Storm drainage is addressed in the Sonic Restaurant project. This proposed parurion does not have to deal with that issue. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utiliry to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and NNGINF?1:RING COI�'IMEN'1"S MLP 2010-0OOO1Sonic Paruuon P�1GE 5 technical difficulry of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. N/A ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safetv: Tualatin Valley I�ire and Rescue (South Division) [Contact:John Dalby, 503-35G-4723] piovides fire pxotection services within the City of Tigard. Public Water System: Water service is provided by the Ciry of Tigard. The Sonic Restaurant project is installing watex service to both lots. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality faciliry to accommodate treatment of the additional storm water from the site. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. The Sonic Restaurant project is addressing water quality requirements. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activiry which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for Ciry review and approval prior to issuance of Ciry permits. ENGIN�,ERING COMi�1ENTS NLI.P 2010-00001Sonic Partition P�GE 6 N/A. No grading is involced �uith the I�1LP. Address Assignments: 'The Cit�� of Tigard is responsible for assigning addresses for parcels within the City of 'I'igard. �1n addressing fee in the amount of$50.00 per address shall be assessed. "I'his fee shall be paid to the City prior to final plat approval. Survey Rec�uirements "1'he applicant's fmal plat shall contain State Plane Coordinates �NAD 83 (91)] on two monuments with a ue to the City's global posirioning system (GPS) geodeuc control nenvork (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. 1�long with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and thc angle from north to grid north. "I'hese coordinates can be established by: � UPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. ln addition, the applicant's as-built dtawings shall be ued to the GPS nettvork. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydranrs and other water sysrem features) in the development, and their respective � and Y State Plane Coordinates, referenced to Nr,D 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Gus Duenas, 639-4171, ext. 2470) for review and approval: Prior to final plat approval, the applicant shall: • Ensure that joint access agreements between Sonic and Les Schwab, and betu�een the ttvo parcels are established, recorded, and recorded documents referenced on the final plat. • f�:nsure that agreements for operarions and maintenance of water qualit�� and detention faciliaes between the two parcels are deeeloped, recorded and the recorded documents referenced on the final plat. • f:nsure that an operarions and maintenance agreement (on City-fumished forms) covering the water quality and detenrion faciliries is de�•eloped, approved, recordcd and referenced b}' recorded document numbers on the final plat. � Show sanitary sewer easement on the final plat. ENGINEERING COMI�4ENTS I�'II.P 2010-0OOO1Sonic Partition P�1GE 7 • Reflect all ROW dedicarions, if any, required as part of the Sonic Restaurant land use approval on the final plat. "The applicant's final plat shall contain State Plane Coorclinates on two monuments with a rie to the Ciry's global positioning system (GPS) geoderic control network (GC 22) as recorded in Washington C�unty survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from noYth to grid north. These coordinates can be established bv: • GPS rie networked to the City's GPS survey. • B`� random traverse using convenrional surveying methods. .Final Plat Applicarion Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to pracrice in Oregon,and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians,at (503) 639-4171, ext. 2421). C. "1 he final plat and data or narrative shall be dYawn to the tninimum standards set forth bv the Oregon Re�rised Statutes (ORS 92.05), Washington Counn�, and bv the City of'Tigard. D. The plat shall show dedication of property along Highway 99W as required by the land use approval for the Sonic Restaurant project. E. NOTE: Washington County will not begin their review of the final plat until they receive norice from the City's Development Review Engineering indicating that the Citv has re��iewed the ftnal plat and submitted comments to the applicant's surveyor. F. .�fter the City and County have reviewed the final plat, submit one paper cop�� of the final plat for Ciri- Engineer signature (for partirions), or Ciry Engineer and Community Development Director signatures (for subdi��isions). i:\eng\�,rus\drvelopment ce�iew\land use commcnts\mlp\mIp2U10-DOU01 sonic partition.docs ENGINEERING COMMENTS MLP 2010-0U001Sonic Partition PAGE 8 �. • - , /�,� �,\� CleanWater Services Onr c��inmitmcnt i� cic;ir. RECEIVED PLANi�ING APR 15 2010 MEMORANDUM CiTY �F TIGARD Date: April 12, 2010 To: Cheryl Caines, Associate Pl er, City of Tigard From: Jackie Sue Humphrey , Clean Water Services (the District) Subject: Sonic 2-Parcel Partition, MLP 2010-00001, 2S110DB00500 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PARTITION PLAT RECORDING A Clean Water Services (the District) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for the District's Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 07-20, (or cunent R&O in effect at time of Engineering plan submittal), and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.2.b-1. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. If site area and any offsite improvements required for this development exceed one-acre of disturbance, project will requirc a 1200-C Erosion Conlrol Permit. c. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. The extension of public storm sewer may be necessary to serve the parcels and the street frontage. All necessary easements for this extension must be accepted and in place prior to permit issuance. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 07-20, Section 4.05.5, Table 4-1. Access shall be provided for maintenance of facility per R&O 07-20, Section 4.02.4. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503)681-360D • Fax: (503)681-3603 •www.CleanWaterServices.org e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. f. If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute the District's approval of storm or sanitary sewer compliance to the NPDES permit held by the District. The District, prior to issuance of any connection permits, must approve final construction plans and drainage calculations. : 1 �� ' � ■ I , :.... 1 � �1�I {t�°' Y �� ' . '�� +s�.i °� 'a_P R 1 3 2010 � Tualatin Valley ��,, ��T��AAD Fire & Rescue t �.��s�t�[A!'�� ,�,',:��1lh April 13, 2010 Cheryl Caines, Associate Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Sonic Partition (MLP) 2010-00001 Dear Cheryl, Thank you for the opportunity to review the site plan for this land use proposal. The fire district has no comments or conditions regarding this proposal insofar as fire apparatus access or firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss fuRher, please call me. Sincerely, � 3��. 1`�a� John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Divlsion Ojfice 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com V ."� r� t ' }7 Department of Transportation i�';� :�I 1 g V 11 ' _ Region 1 �""a'�. -.�� .:l?�l Theodore R.Kulongoski,Governor 123 NW Flandet'S Street APR 1 3 2010 Portland,OR 97209-4037 503.731.8200 ;.iTV nF TIGAh� - FAX 503.731.8259 4/13/10 ► � ODOT Response to Local Land Use Notification Pro'ect Name: Sonic Partition A licant: MWF Ti ard LLC Jurisdiction: Ci of Ti ard Case#: MLP2010-00001 Site Address: 15300 SW Pacific Hwy Legal Description: 2S110DB Tax Lot s : 500 State Hi hwa : 99W Mile osts: 11.1 The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. ODOT RECOMMENDED LOCAL CONDITIONS OF APPROVAL � The applicant shall record cross-over access easements to the adjacent properties with state highway frontage with the County Assessor. Comments: ODOT is not obligated to provide additional approaches to the state highway for new parcels created through partition. Shared access is required by ODOT and the applicant will need to establish crossover easements between the new parcels to facilitate the shared approach. Please send a copy of the Notice of Decision including conditions of approval to: ODOT Region 1 Planning Development Review 123 NW Flanders St Portland, OR 97209 Development Review Planner: Seth Brumley Phone: 503-731-8234 Traffic Contact: Dou Baum artner Phone: 503-731-8225 District Contact: Steve Schalk Phone: 503-229-5002 ODOT Case No.(auto entry field) ] . AFFIDAVIT OF POSTING NOTICE ° OF A LAND USE PROPOSAL , � . IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: MLP2010-00001/VAR2010-00004 Land Use File Name: SONIC PARTITION I, Cheryl Caines, :�ssociate Planner for the Ci ,-t�gard, do affirm that I posted norice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currendy registered) �5 3 ov S �J Po�c��'c, �w H and did personally post norice of the proposed land use applicarion(s) bj�means of weatlierproof posting in the general ��icinin� of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the °� � day of 14P" � , �010. C',1�..�-,.� Q. L° a,�"-`�..� Signature of Person Who Performed Posting h:U„kiv\pam�`dna>tcr.\affidacrt of postuig for applicant ro post public hcannR.doc - S4NIC PARTITI4N - �� MINOR D PARTITON (MLP) 2010-00001/ ADJUSTMENT (VAR) 2010-00004 REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing 1.33-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. A sign code adjustment is also requested to install a second freestanding sign. The sec �d sign is proposed along the Royalty Parkway frontage. Preliminary approval was previously granted to construct a Sonic Drive-in restaurant on proposed Lot 1 (I'DR2009-00001). No detailed plan has been approved for Lot 2. LOCATION: 15300 SW Pacific Highway; Washington County Tax Map 2S110DB, Tax Lot 500. ZONE: C-G (PD): General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, urilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. (PD) " _e subject property has a planned development overlay on a portion of the site. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.520, 18.780, 18.795 and 18.810. Further information may be obtained from the Planning Division �staff contact: Cheryl Caines, Associate Planner (x2437� at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to e�le�a�,tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. Area Notified (500 Ft) � Q � MacKay&Sposito, Inc. 1a. - ` � ' � ' � ' � ' 2S110DB,TaxLot500 �� ■ �� p e (Sonic Drive-In) Cp �♦ _— ♦�� • � 8 � �, ��P�'P�E �t�I�Q �. � � �� V`�� , . �� ,A 0 � ►� � Subject Site , e ��`�� -- King City B eB .;� �ti, Property owner information is valid B � ' ° for 3 months from the date printed on B B o ��"` ` this map. a e ee e o e ° � Nq EVE ST B o 0 BB e a B ° .� • �' e B � B Q.� � . e e Map PnMed�23-Mar-10 � . . . B e B8 � B �O,P \��` �\\\ hformation on this map is for general Iceation �\\ B�e Q� onlY and should be verRied with the Development � Services Division. . � �O pATA IS DERIVED FftOM MULTWIE SOURCES.THE CITV OF ThiAFD hWKES NOT WARRANTV,REGRES"cNTATION,OR GUMANTEE AS TO THE � ' � CONTENT,ACCURACY TIMEUNESS OR COMPLETENESS OF ANY Of iHE �� DATA FROVIDED HEREM.THE GITY OF iIGARD SHALL ASSUME NO � IIBABI�RY FOR ANY ERRORS.�MISSIONS,OR INACCURAQES IN TME BB MfORMFTION PRONDED REGARDLESSOF MOW CAUSED. e e SUMMERF�F�D D COMMUNITYDEVELOPMENTDEPARTMENT � Q /� - � CMy of TigaN 13125 SW Hall Blvd 0 ' 115 670 Tigartl,OR 97Y13 Feet 50J 639�171 www.lgard�or.gov 2S110D690821 2S110D690842 ADAMS,JOSEPH J CONNER,VERNA D& 15432 SW 114TH CT#82 HUMPHREY,GRETCHEN G,TRUSTEES TIGARD,OR 97224 15432 SW 114TH CT#84 TIGARD,OR 97224 2S110D690421 2S110CA80741 AMACHER,MARIE A CRANSTON,ARLEEN J 15483 SW 114TH CT#42 15215 SW 116TH AVE#1 TIGARD,OR 97224 KING CITY,OR 97224 2S110D890982 2S110D691001 BARNETT,ANGELA CURRIE,CRAIG H REVOC LIV TRUST 15435 SW 114TH CT#98 10306 E SILVERTREE CT TIGARD,OR 97224 SUN LAKES,AZ 85248 25110CA80601 2S110CA00103 BATEMAN,JAY ROGER SUPP LIVING T DENNY PURKEY,LLC BY RALPH C&VIRGINIA L BATEMEN TRS 15350 SW 116TH 11545 SW MAJESTIC LN#3 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80861 2S110DB00301 BELLAIRS, DON E DEZFULLI,EBRAHIM&SHAHIM 15270 SW CROWN DR#1 12587 SW 133RD AVE KING CITY,OR 97224 TIGARD,OR 97223 2S110CA01701 2S110D601200 BP WEST COAST PRODUCTS,LLC DEZFULLI,SHAHIN 8 EBRAHIM BP PROPERTY TAX 12587 SW 133RD PO BOX 5015 TIGARD,OR 97223 BUENA PARK,CA 90622 2S110CA80561 2S110D890962 BURNETT REVOCABLE TRUST DIETRICH,PAMELA C BY BURNETT,LORETTA C& 15437 SW 114TH CT#96 COOK,ELAINE 8 TRS TIGARD,OR 97224 11545 SW MAJESTIC LN#7 KING CITY,OR 97224 2S110CA80471 25110CA80711 CAMPBELL,MYRTLE M DOVE,BOB N&JANICE E 15100 SW CROWN DR#4 19135 SW MOBILE PL KING CITY,OR 97224 TUALATIN,OR 97062 2S110DB91092 2S110CA80551 CHAVE,P FRANKLIN DUSEVOIR,EUGENE 8 EVELYN H 15371 SW 114TH CT#109 10405 SW DENNEY RD TRLR 59 TIGARD,OR 97224 BEAVERTON,OR 97008 2S110CA80591 2S110CA80751 CHENOWETH,MILDRED H EDMONSON,MIRIAM E 11545 SW MAJESTIC LN#4 15215 SW 116TH AVE UNIT#2 KING CITY,OR 97224 PORTLAND,OR 97224 2S110CA80511 2S110CA80741 FARAH,CAROL L HANNA,ALMA L REV LIV TRUST 11505 SW MAJESTIC LN#5 11530 SW MAJESTIC LN#1 KING CITY,OR 97224 KING CITY,OR 97224 110DB90 00 2S110CA80731 FO T AT SUMMERFIELD CON00 P HARMON,MARBA W& OW OF UNITS HARMON,JOHN RAYMOND 00000 11530 SW MAJESTIC LN#4 KING CITY,OR 97224 110DC90 0 2S110DB91022 F T S AT SUMMERFIELD CONDO P HARRISON,H FAYE OW S OF UNITS 15435 SW 114TH CT#102 0000 TIGARD,OR 97224 2S110CA80581 2S110D891D71 FRANK,BETTY J HELLINGS,DAVID F 11545 SW MAJESTIC LN#5 15371 SW 114TH CT#107 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80761 2S110DB91062 FRANK,SHIRLEY A HOFFMAN,JUDITH A 15215 5W 116TH#3 15373 SW 114TH CT#106 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80521 2S110D600201 FRENCH,GLADE H 8 DAWN M HOLLAND HOLDINGS I ARBOR 11505 SW MAJESTIC LN#4 HEIGHTS,LLC KING CITY,OR 97224 BY CLYDE HOLLAND PARTNERS LLC 1111 MAIN ST,STE 710 VANCOUVER,WA 98660 2S110D690381 2 110DB00200 FROST,LENA D H AND HO NGS I ARBOR 15485 SW 114TH CT UNIT 38 HEIG S, TIGARD,OR 97223 BY CL HOLLAND PARTNERS LLC 11 MAIN STE 710 ANCOUVER, A 98660 2S110DCO2200 2S110CA80501 GMS FIVE LLC HOLMAN,WILLIAM C 5973 AVENIDA ENCINAS STE 300 HOLMAN,SUSAN M CARLSBAD,CA 92008 8040 SW BROADMOOR TERRACE PORTLAND,OR 97225 110DB0 2S110DB91031 G F LLC HOOP,ALBERT F& 597 ENIDA ENCINAS STE 300 HOOP,PATRICIA A C RLSB CA 92008 15373 SW 114TH CT#103 TIGARD,OR 97224 2S110D891081 2S110CA80811 HAMMERSCHMITH,HELEN M HURLESS,ROBERT W& 15371 SW 114TH CT#108 FOX,JOHN M/ELIZABETH A HURLESS TIGARD,OR 97224 15200 SW CROWN DR#2 KING CITY,OR 97224 2S110CA80491 2S110CA80611 HUTCHINS,KATHLEEN E KOBAYASHI,ARTHUR TAKEO TRUST& 15100 SW CROWN DR#2 KOBAYASHI,VALERIE DOREEN TRUST PORTLAND,OR 97224 11545 SW MAJESTIC LN#2 KING CITY,OR 97224 2S110CD07700 2S110CA80911 KAADY,CHARLES LACHAPELLE,JOHN EDWARD 7400 SW BARBUR BLVD 15290 SW CROWN DR#1 PORTLAND,OR 97219 PORTLAND,OR 97224 2S110D890971 2S110CA80821 KATZ, MARILYN A&STEPHEN G LATTANZI,JOSEPHINE F 15435 SW 114TH CT#97 MORIN,RITA K TIGARD,OR 97224 15200 SW CROWN DRIVE#1 KING CITY,OR 97224 2S11DCA80901 2S110DB90351 KELSO,SUSAN LIVING TRUST LAYTON LIVING TRUST BY SUSAN R KELSO TR 15485 SW 114TH CT#35 15290 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110DB90991 2S110D600703 KESSLER,LORRAINE REVOCABLE TRUS LES SCHWAB TIRE CENTERS OF PORTL 15435 SW 114TH CT#99 STORE ACCOUNTING TIGARD,OR 97224 PO BOX 5350 BEND,OR 97708 2S110D690371 2S110DB90952 KINCAID,JUANITA LOGAN,CHERYL L 15485 SW 114TH CT#37 15437 SW 114TH CT#95 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA01600 25110CA80871 KING CITY CIVIC ASSOCIATION LUCAS,NEATIN 15245 SW 116TH 1529D SW CROWN DR#4 KING CITY,OR 97223 KING CITY,OR 97224 110CA80 0 2S110CA80541 KI C CONDO UNIT OWNERS LUNDELL,ROBERT G SR 11205 SW SUMMERFIELD DR#140 TIGARD,OR 97224 2S110CA80 1 2S110CA00100 G CI CONDOMINIUM LUTON,ROBERT C O S OF UNITS c/o KVERNLAND,ERIC B 15390 SW 116TH AVE TIGARD,OR 97224 2S110CA00102 2S110D891102 KING CITY,CITY OF LYNCH,MARY LOUISE 15300 SW 116TH 15371 SW 114TH CT#110 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80691 2S110DB91041 LYNN,LARRY J&SHANNON D MILLER,KEN&VICKI 7415 SW EAST LAKE CT 15373 SW 114TH CT#104 WILSONVILLE,OR 97070 TIGARD,OR 97224 2S110CA80791 2S110DB00500 MACKIE,STEPHEN C&CYNTHIS D MWF TIGARD LLC PO BOX 745 BY THE WETSEL CO MANZANITA,OR 97130 2123 NW ALOCLEK DR#1203 HILLSBORO,OR 97124 2S110CA80721 2S110D690901 MARTIN,CARL W&LORRAINE M O'KEEFFE LIVING TRUST,THE 65444 E DESERT SIDE DR BY ARTHUR F JRNIRGINIA O'KEEFFE TR TUCSON,AZ 85739 15437 SW 114TH CT#90 TIGARD,OR 97224 2S110CA80801 2S110DBD1300 MATTHEWS,GLEN C&PAMELA K PARR-FRANKLIN LLC 16200 SW PACIFIC HWY STE H#112 1300 SW 5TH#2815 TIGARD,OR 97224 PORTLAND,OR 97201 2S110CD00102 2S110D690931 MCCANN,C V PICKETT,GEORGE E 8 1337 LAKEFRONT RD THELMA E CO-TRUSTEES LAKE OSWEGO,OR 97034 15437 SW 114TH CT TIGARD,OR 97224 2S110CA80781 2S110DB90392 MCGLOTHLAN,J KIRK& PIERCY,GENE 8 DONNA MCGLOTHLAN,JUDITH L 15485 SW 114TH CT#39 9200 SW PARKVIEW LOOP TIGARD,OR 97224 BEAVERTON,OR 97008 2S110D690362 2S110CA80451 MCMULLEN LOVING TRUST PIO,BARBARA J TRUSTEE BY GERTRUDE M MCMULLEN TR 15100 SW CROWN DR#6 15485 SW 114TH CT#36 KING CITY,OR 97224 TIGARD,OR 97224 2S110D691052 2S110DCO2100 MCRIVETTE,WILLIAM R& PROMISED LAND DEVELOPMENT CO& MCRIVETTE,KATHLEEN T STERLING DEVELOPMENT CORP 1271 SPRING CREEK DR 3262 HOLIDAY CT STE 104 RIPON,CA 95366 LA JOLLA,CA 92037 2S110DB90442 2S110CA80851 MESSINGER LIVING TRUST RICKNER,RICHARD H&JUDI A BY ANN B MESSINGER TR 13500 SW PACIFIC HWY 15483 SW 114TH CT#44 PMB 136 TIGARD,OR 97224 TIGARD,OR 97223 2S110CA80831 2S110CA80681 MILLER,ERIC T&SUSAN M ROBERG,RICHARD F&SIGRID M 15270 SW CROWN DR#4 11520 SW MAJESTIC LN#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80881 2S110CA80571 SARCOS,CARLOS B VERES,CARL V&PATRICIA G 15290 SW CROWN DR#2 11545 SW MAJESTIC LN#6 PORTLAND,OR 97224 KING CITY,OR 97224 2S110D690891 25110CA80461 SCHMIDT,ARTHUR L WALKER,GORDON V& 15437 SW 114TH CT#89 WALKER,SUSAN B TIGARD,OR 97224 13900 SW 115TH TIGARD,OR 97223 2S110CA80771 2S110DB00704 SCHULER,PEARL J WASHINGTON FEDERAL SAVINGS 15255 SW 116TH AVE#1 ACCOUNTING DEPT BR 118 KING CITY,OR 97224 425 PIKE ST SEATTLE,WA 981a1 2S110DB90912 2S110CA80481 SCOTT REVOC LIV TRUST WEBER,MABEL L 15437 SW 114TH CT#91 15100 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110D690402 2S110D690941 SHANNON,JACK C WEEDMAN,WENDY SUE 110 RIPPLEWATER LN 15437 SW 114TH CT#94 CARY,NC 27518 TIGARD,OR 97224 2S110CA80621 2S110CA80841 SHEVCHENKO,EDITH U WIESE,YVONNE H 11545 SW MAJESTIC LN#1 15270 SW CROWN DR#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110DB91012 2S110DB90922 SPYKER, ELINA TRUSTEE WILSON,PHYLLIS A SZALOBRYT,JANE C TRUSTEE 15437 SW 114TH CT#92 15435 SW 114TH CT#101 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA80531 TAFF,JUDY M 11505 SW MAJESTIC LN#3 PORTLAND,OR 97224 2S110D601500 TIGARD COVENANT CHURCH 11321 SW NAEVE ST TIGARD,OR 97224 110D60140 TI D ENANT CHURCH 113 NAEVE ST ARD,O 7224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114�h Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136th Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Paul Owen Todd Harding and Blake Hering Jr. 10335 SW Highland Drive Norris Beggs & Simpson Tigard, OR 97224 121 SW Morrison, Suite 200 Portland, OR 97204 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESiED PARTIES foc. I of Il fi:lcuroln\setu�\IabeIslCIT South.docl UPDATED: 16-Dec-08 MACKAY & SPOSITO Fax:3606950833 Mar 19 2010 Od:48pm P002/002 �� 1� �.: ',::, : ,,� .� � , ,•,. CO��lUNiTY DEVELOPI�iE�TI'UEP�RT1��''I' x._ `Y�,y,` �44 PLANNING DIVISION -=� �l 13125 SW Hr1LL B�L'L,E V aRD :':•7'':. �=�-� �GARD, QREGC�N 97223 .�'f-�'�- X'HO�: 503-639-4]]1 FA,.�: 503-718-2748 (.3tm: Patt}�IPIanning'i ENIAIL: �att��ti�ard- �gQ� RE�LIEST F�R 500-FaOT FRaF�1�TY` O�'?�I�� _M.A�LING LIST �roper-r��o��ez inforrnation is valid for 3 months trom th.e date o�yaur requ.est IND�CA.TE ALL P�O,�CT� 8z TA.��.OT'N�[_JIviBERS (i.e. 1S 134A$,Tax Lot 00100) OR TI� ADI7RESSES FOT�r1�,L PROJECT Pt�.RCELS BELO�k': (If rnore than 1 tax 1ot or if the paz�cel k�as z�o addzess,you must separately identify each tax Iot associated R�ith.the pzbject.) �5`1{oDB , T�x 10� s�Q , PLEASE �E ��G�ARE THAT ONLY 1 SET OF LABELS WILL �E PROVIDETa A.T �'��S TIME FOR HOLDING YOLJR NE�G�$��OOD NiEETING. After submitcing your land use application to the Caty, and the projecc planner has re��iecved ybur applicauozz Zor cox�.p�etez�ess, you will be notified btir means of an incompletez�ess letter to obtain your 2 final sets of labels. TF YO�C.J HA'VE BEEN�TOxZ LAN'_VING �'Q OBTAIN YOUR LABELS PLEASE INUZGAx� ��Q�G'THqT YOU NEEI7 2 SETS �F L.�$��.�. �Completeness Letter Received Inc�catamg 2 Sets of Em�lopes w/Affixed Address Labels �equired The ? final sets of labels need to be placed oz� ez�velopes (no self adhesive envelopes please) wzth�ixst c�ass lener- z-ate postage on the envelopes in the form af postage stazx�gs (no znetered envelopes and no return addxess) and resubzxaitted to rhe Gity for the urpose of providin.g not�ce to propezry ou-zaezs of the proposed land use applicauon and �e deciszon. The 2 sets o�envelopes must be kept separate. The pexsoz� �isted belou'wiIl be called to pick up auad pay�or the labels when the,y are ready. NAME OF C�?VZ'.A.GTP�RSO�V__ 80� -Sa�� PHONE: �,.,3�0 )- 69.5 _ 3�{I/ N,i��!IE QF C{�}l1�'ANY: �tc.�(asr 9� .�i�osi'7'� f x�� - FAX: 3�0 - 69s _ 0 83 EMAIL: bsa�le @�ackays�ar.�a.co�n T�us request may be ernailed, mailed, f aXed, ar hand delive;red to t}ae Ciry of Tigard. Please allow a 2-day rx�z�izz�uzn for processin.g.z-equesu. Upon comp�etion of your reques�, �che contact person listed w�1J be called to p�ck up theix request thac w�ll be placed in "jXlill Ca]7." by tk�e comp any name (or by rhe can�cac�persan's Iast naz�e if no compan}�j aE the �'laz�iz�g/Engmeer,ng Counxer ac the Perzzv.t Cezztez-_ The cost of processixkg yc�ur request must be paid at rhe tune o�pzcJ�up, as exact cost can not be pre-detennaixxed. PLEASE . : FOR REASdN"S OF ACCUR.9CI�', O�'VLx O.RIG.I,I�'AL MAI"Z.1"NG LABELS PROti7.D�'.D BY� THE CITY V5. RE-TY7��17 MAILING L�BELS WzI.�B.�ACC�'P�`FD. �st Descri�uon: �1� to generate the mailing list,�lus $2�er sb�eet for printing the list onto labels (2�addz-esses per sheec)_ Then,multiph the cost t� pz-i�t one set of labels bythe nu.rz�bex o�sets requested. - EXAMPLE - - C�ST FORTI-�IS R.EQLJEST - �sheeu of iabels�g2/skzecc..��x 2 sets — $1b.GG � sheet(s)of lab�ls x$2;'shcct—�x � sets — '�W� �skaeeu of labels x$2/skeee#or interested pazties zc��e�_ � 4.00 �sheec(s)of lab�is x�2/sheei for inzerested paz�ies =�scu =� rE?�RA"C�.1.T$7 — $11_b0 GENETiA TO i"Ar. _ $31.OQ TOT �� i . �v c�`��L MACKAY & SPOSITO Fax:3606950833 Mar 19 2010 04:d8am P001/002 ' ' tvtacKay&5� ,Inc. � 1325 SE Tech .iLer Drive � SU�� Fax Transm �ttal p vancouver,WA 98b83 � F'f�oner .',6C?-fi95-;411 +- MaciCay&Sposito, Inc. � DATE: March 19,2Q20 �� .� TO: City of Ti�ard � � �w1 ATTENTION: Patty/Plannin� L�.L FAX NEJMSER: (5Q3)7�.5-2748 � FROM: Bob Sabie . � � INCLUDES COVER PAGE PLUS 1 PAGE(S) � L � � JOB NUMBER: iSiQEI J�B NAME: Sonic Drive-In Partitian � w Sli81ECT: Request fior 50Q-faot properly owner mailing fist � • MESSAGE: � �"'� Please find attach�d a request�oz a SOp-#'oot property owner mailing list. We have received a � completeness letter indicating that we need 2 sets of envelo�es with affixed address labels. � Please eontact Bob 5able at (360) 695-34!1 or�sable@z�acka,�s,posito.co�wk�en the labels "� are ready. 'Z`haz3ks_ C� . � � C/3 � C� � � ...._ tn t!� � � Vancouver, WA Kennewick, WA Wilsonville, OR Ber�d, GR � �°��P�° . � • ' Patty Lunsford From: Patty Lunsford Sent: Tuesday, March 23, 2010 8:49 AM To: 'bsable@mackaysposito.com' Subject: Request for 500" Property Owner Mailing List(Job#15100) Good morning Bob, Your request for property owner mailing labels is ready for pickup. The cost is $35.00. I will leave your labels in "will call" under the name "MacKay& Sposito, Inc." at the planning/engineering counter in the permit center. Please feel free to contact me if I can be of any further assistance. Best regards, . �_�� . tc pattU@ti�ard-or.� i 2S110DB00500 MWF TIGARD LLC BY THE WETSEL CO 2123 NW ALOCLEK DR#1203 HILLSBORO,OR 97124 :� 3/ �o �w�� ,� eY� , /�.�� o/v �oo�� / �� AFFIDAVIT OF MAILING - I, Patricia L. Ltinsford, being first dt�lysworn/affirrYi, on oath depose and saythat I am a Planning Assistant forthe City of Tigard, Washington County, Oregon and that I served the following: ;(in��k:\:��, , ni�li��.�(�)13�i,��.; ❑X NOTTC� OF DEQSION FOR MLP2010-00001/VAR2010-00004- SONIC PARTTTTON �,��,��.,,,x�,t.�r�.n�„�,>> � A.vIENDEDIOT[C� � City of Tigard Plaruung Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and byreference made a part hereof,on April 30,2010, and deposited in the �ted States Mail on Apri130,2010,postage prepaid. (Pets t re �ce� STATE OF ORE GON County of Washington ss. City of Tigard 1 � U Subscnbed and sworn/affinned before me on the �t� dayof �� 1 ,2010. OFFlCIAL SEAL SHIRLEY L TREAT NOTARY PUBUC-OREdON �� coMnnissioN nio.4�em MY COI�AISSION EXP�RES APRIL 2S,20» N TARY P C OF ORE GON My Corrunission Expires: `�"��s��/ EXHIBIT. /� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2010-00001 � SONIC PARTITION 120 DAYS = 7/24/2010 SECTION L APPLICATION SLJMMARY FILE NAME: SONIC PARTITION CASE NOS: Minor Land Partition(MLP) MLP2010-00001 Adjustment (VAR) VAR2010-00004 PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) e�sting 1.33-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. A si n code ad�ustment is also requested to install a second free-standing si�n along �the S�Royalty �arkway frontage in addiuon to a freestanding sign on S� Pac�fic Highway. Prelurunary approval was previously granted to construct a Sonic Drive-In restaurant on proposed Lot 1 (PDR2009-00001). No detailed plan has been approved for Lot 2. APPLICf1NT/ MWF Tigard, LLC✓ APPLICANT'S MacKay&Sposito OWNER: The Wetsel Co. �I'•� Bob Sable Jess Wetsel 132� SE Tech Center Dr., 2123 NW Aloclek Dr., Suite 1203 Suite 140 Hillsboro, OR 97124 Vancouver,WA 98683 COMPREHENSIVE PLAN DESIGNATION: GG:General Con-imercial ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even re ional trade area. Except where non-conforming, residential uses are Wruted to single-�amily residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are perniitted conditionally. LOCATION: 15300 SW Pacific H'ighway;Washington CountyTax Map 2S110DB,T�Lot 500. PROPOSED PARCEL 1: 38,343 Square Feet. PROPOSED PARCEL 2: 19,512 Square Feet. APPLICABLE RE VIE W CRITERIA: ConununityDevelopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18.780, 18J95 and 18.810. SECTION II. DECISION Notice is hereby given that the Caty of T'igard Communit�r Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at Ciry Hall. � THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFEC'I'IVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenry-frve cents (25G) per page,or the current rate charged for copies at the tune of the request. SECTION III. PROCEDURE AND APPEAL INF�RMATION Notice: Notice mailed to: X The applicant and owners X Owner of record w-ithin the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 30, 2010 AND BECOMES EFFECTIVE ON MAY 15, 2010 LTNLESS AN APPEAL IS FILED. DA- �e-al-: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as� provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Commurury Development Code which provides that a written appeal together with the required fee shall be filed with the Director anthin ten �10) busuiess days of the date the Notice of Dec�sion was rr��iled. The appeal fee schedule and forms are ava able from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues ident�fied in the wntten comments subrrutted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party durui�the appeal hearing, subject to any additional rules of procedure that maybe adopted from tune to tune by the appe ate body. THE DEADLINE F4R FILING AN APPEAL IS 5:00 PM ON MAY 14, 2010. Fo�estions: r information�please contact the Plaruzing Division Staff Planner, Cheryl Caines at (503) 639-4171, Tigard CiryHall, 13125 SW HaII Boulevard, Tigard, Oregon 97223 or byemail to cherylc(a�tigsrd-or_gov. ;� wcn�m ruP l,'' � �vm,o-0000, VAR2010.00004 li D ...,,$ . 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Mne i 6�oio �` � �� r.irvor�ncnr,o �ccess�smvrn� �.�„rv.�x�irr;e ns�r::mir!a -� e e. v �,.. ...,......-e.. ...,�..�.A..�.m...�.. � R f.0 r�R�L�_��, .��—.�_--_� _,__.__ �� h` ,a�u,acicf:,�� cm oc T>:�.:'��" l p�� 4�-lo-io E bY C_S3v'.�c�G�t E�.'_=- . � . , 2S110D690821 2S110DB90842 EXH i B!T!� ADAMS,JOSEPH J CONNER,VERNA D& 15432 SW 114TH CT#82 HUMPHREY,GRETCHEN G,TRUSTEES TIGARD,OR 97224 15432 SW 114TH CT#84 TIGARD,OR 97224 2S110D890421 2S110CA80741 AMACHER,MARIE A CRANSTON,ARLEEN J 15483 SW 114TH CT#42 15215 SW 116TH AVE#1 TIGARD,OR 97224 KING CITY,OR 97224 2S110D890982 2S110D891001 BARNETT,ANGELA CURRIE,CRAIG H REVOC LIV TRUST 15435 SW 114TH CT#98 10306 E SILVERTREE CT TIGARD,OR 97224 SUN LAKES,AZ 85248 2S110CA80601 2S110CA00103 BATEMAN,JAY ROGER SUPP LIVING T DENNY PURKEY,LLC BY RALPH C&VIRGINIA L BATEMEN TRS 15350 SW 116TH 11545 SW MAJESTIC LN#3 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80861 2S110DB00301 BELLAIRS, DON E DEZFULLI,EBRAHIM&SHAHIM 15270 SW CROWN DR#1 12587 SW 133RD AVE KING CITY,OR 97224 T�GARD,OR 97223 2S110CA01701 25110D801200 BP WEST COAST PRODUCTS,LLC DEZFULLI,SHAHIN 8 EBRAHIM BP PRaPERTY TAX 12587 SW 133RD PO BOX 5015 TIGARD,OR 97223 BUENA PARK,CA 90622 2S110CA80561 2S110DB90962 BURNETT REVOCABLE TRUST DIETRICH,PAMELA C BY BURNETT,LORETTA C& 15437 SW 114TH CT#96 COOK,ELAINE B TRS TIGARD,OR 97224 11545 SW MAJESTIC LN#7 KING CITY,OR 97224 2S110CA80471 2S110CA80711 CAMPBELL,MYRTLE M DOVE,BOB N&JANICE E 15100 SW CROWN DR#4 19135 SW MOBILE PL KING CITY,OR 97224 TUALATIN,OR 97062 2S110D691092 2S110CA80551 CHAVE,P FRANKLIN DUSEVOIR,EUGENE&EVELYN H 15371 SW 114TH CT#109 10405 SW DENNEY RD TRLR 59 TIGARD,OR 97224 BEAVERTON,OR 97008 2S110CA80591 2S110CA80751 CHENOWETH,MILDRED H EDMONSON,MIRIAM E 11545 SW MAJESTIC LN#4 15215 SW 116TH AVE UNIT#2 KING CITY,OR 97224 PORTLAND,OR 97224 2S110CA80511 2S110CA80701 FARAH,CAROL L HANNA,ALMA L REV LIV TRUST 11505 SW MAJESTIC LN#5 11530 SW MAJESTIC LN#1 KING CITY,OR 97224 KING CITY,OR 97224 110D690 00 2S110CA80731 FO T AT SUMMERFIELD CONDO P HARMON,MARBA W 8 OW OF UNITS HARMON,JOHN RAYMOND 00000 11530 SW MAJESTIC LN#4 KING CITY,OR 97224 110DC90 0 2S110D691022 F T S AT SUMMERFIELD CONDO P HARRISON,H FAYE OW S OF UNITS 15435 SW 114TH CT#102 0000 TIGARD,OR 97224 2S110CA80581 2S110D691071 FRANK,BETTY J HELLINGS,DAVID F 11545 SW MAJESTIC LN#5 15371 SW 114TH CT#107 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80761 2S110DB91062 FRANK,SHIRLEY A HOFFMAN,JUDITH A 15215 SW 116TH#3 15373 SW 114TH CT#106 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80521 ZS110DB00201 FRENCH,GLADE H&DAWN M HOLLAND HOLDINGS I ARBOR 11505 SW MAJESTIC LN#4 HEIGHTS,LLC KING CITY,OR 97224 BY CLYDE HOLLAND PARTNERS LLC 1111 MAIN ST,STE 710 VANCOUVER,WA 98660 2S110DB90381 2 110DB00200 FROST,LENA D H AND HO NGS I ARBOR 15485 SW 114TH CT UNIT 38 HEIG S, TIGARD,OR 97223 BY C HOLLAND PARTNERS LLC 11 MAIN STE 710 ANCOUVER, A 98660 2S110DCO2200 2S110CA80501 GMS FIVE LLC HOLMAN,WILLIAM C 5973 AVENIDA ENCINAS STE 300 HOLMAN,SUSAN M CARLSBAD,CA 92008 8040 SW BROADMOOR TERRACE PORTLAND,OR 97225 110D600 2S110DB91031 G F LLC HOOP,ALBERT F& 597 ENIDA ENCINAS STE 300 HOOP,PATRICIA A C RLSB CA 92008 15373 SW 114TH CT#103 TIGAR�,OR 97224 2S110D891081 2S110CA80811 HAMMERSCHMITH, HELEN M HURLESS,ROBERT W 8 15371 SW 114TH CT#1a8 FOX,JOHN M/ELIZABETH A HURLESS TIGARD,OR 97224 15200 SW CROWN DR#2 KING CITY,OR 97224 2S110CA80491 2S110CA80611 HUTCHINS,KATHLEEN E KOBAYASHI,ARTHUR TAKEO TRUST 8 15100 SW CROWN DR#2 KOBAYASHI,VALERIE DOREEN TRUST PORTLAND,OR 97224 11545 SW MAJESTIC LN#2 KING CITY,OR 97224 2S110CD07700 25110CA80911 KAADY,CHARLES LACHAPELLE,JOHN EDWARD 7400�W BARBUR BLVD 15290 SW CROWN DR#1 PORTLAND,OR 97219 PORTLAND,OR 97224 2S110DB90971 2S110CA80821 KATZ,MARILYN A 8 STEPHEN G LATTANZI,JOSEPHINE F 15435 SW 114TH CT#97 MORIN,RITA K TIGARD,OR 97224 15200 SW CROWN DRIVE#1 KING CITY,OR 97224 2S110CA80901 2S110D690351 KELSO,SUSAN LIVING TRUST LAYTON LIVING TRUST BY SUSAN R KELSO TR 15485 SW 114TH CT#35 15290 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110DB90991 2S110D800703 KESSLER,LORRAINE REVOCABLE TRUS LES SCHWAB TIRE CENTERS OF PORTL 15435 SW 114TH CT#99 STORE ACCOUNTING TIGARD,OR 97224 PO BOX 5350 BEND,OR 97708 2S110DB90371 2S110DB90952 KINCAID,JUANITA LOGAN,CHERYL L 15485 SW 114TH CT#37 15437 SW 114TH CT#95 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA01600 2S110CA80871 KING CITY CIVIC ASSOCIATION LUCAS,NEATIN 15245 SW 116TH 15290 SW CROWN DR#4 KING CITY,OR 97223 KING CITY,OR 97224 110CA80 0 2S110CA80541 KI C CONDO UNIT OWNERS LUNDELL,ROBERT G SR 11205 SW SUMMERFIELD DR#140 TIGARD,OR 97224 2S110CA80 1 2S110CA00100 G CI CONDOMINIUM LUTON,ROBERT C O S OF UNITS c/o KVERNLAND,ERIC B 15390 SW 116TH AVE TIGARD,OR 97224 2S110CA00102 2S110D691102 KING CITY,CITY OF LYNCH,MARY LOUISE 15300 SW 116TH 15371 SW 114TH CT#110 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80691 2S110DB91041 LYNN,LARRY J 8 SHANNON D MILLER,KEN&VICKI 7415 SW EAST LAKE CT 15373 SW 114TH CT#104 WILSONVILLE,OR 97070 TIGARD,OR 97224 2S110CA80791 2S110D600500 MACKIE,STEPHEN C&CYNTHIS D MWF TIGARD LLC PO BOX 745 BY THE WETSEL CO MANZANITA,OR 97130 2123 NW ALOCLEK DR#1203 HILLSBORO,OR 97124 2S110CA80721 2S110D690901 MARTIN,CARL W&LORRAINE M O'KEEFFE LIVING TRUST,THE 65444 E DESERT SIDE DR BY ARTHUR F JR/VIRGINIA O'KEEFFE TR TUCSON,AZ 85739 15437 SW 114TH CT#90 TIGARD,OR 97224 2S110CA80801 2S110D601300 MATTHEWS,GLEN C&PAMELA K PARR-FRANKLIN LLC 16200 SW PACIFIC HWY STE H#112 1300 SW 5TH#2815 TIGARD,OR 97224 PORTLAND,OR 97201 2S110CD00102 2S110DB90931 MCCANN,C V PICKETT,GEORGE E 8 1337 LAKEFRONT RD THELMA E CO-TRUSTEES IAKE OSWEGO,OR 97034 15437 SW 114TH CT TIGARD,OR 97224 2S110CA80781 2S110DB90392 MCGLOTHLAN,J KIRK 8 PIERCY,GENE 8�DONNA MCGLOTHLAN,JUDITH L 15485 SW 114TH CT#39 9200 SW PARKVIEW LOOP TIGARD,OR 97224 BEAVERTON,OR 97008 2S110D690362 2S110CA80451 MCMULLEN LOVING TRUST PIO,BARBARA J TRUSTEE BY GERTRUDE M MCMULLEN TR 151D0 SW CROWN DR#6 15485 SW 114TH CT#36 KING CITY,OR 97224 TIGARD,OR 97224 2S110DB91052 2S110DCO2100 MCRIVETTE,WILLIAM R& PROMISED LAND DEVELOPMENT CO& MCRIVETTE,KATHLEEN T STERLING DEVELOPMENT CORP 1271 SPRING CREEK DR 3262 HOLIDAY CT STE 104 RIPON,CA 95366 LA JOLLA,CA 92037 2S110D890442 25110CA80851 MESSINGER LIVING TRUST RICKNER,RICHARD H&JUDI A BY ANN B MESSINGER TR 13500 SW PACIFIC HWY 15483 SW 114TH CT#44 PMB 136 TIGARD,OR 97224 TIGARD,OR 97223 2S110CA80831 2S110CA80681 MILLER,ERIC T 8 SUSAN M ROBERG,RICHARD F&SIGRID M 15270 SW CROWN DR#4 11520 SW MAJESTIC LN#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80881 2S110CA80571 SARCOS,CARLOS B VERES,CARL V 8 PATRICIA G 15290 SW CROWN DR#2 11545 SW MAJESTIC LN#6 PORTLAND,OR 97224 KING CITY,OR 97224 2S110D690891 'LS110CA80461 SCHMIDT,ARTHUR L WALKER,GORDON V& 15437 SW 114TH CT#89 WALKER,SUSAN B TIGARD,OR 97224 13900 5W 115TH TIGARD,OR 97223 2S110CA80771 2S110D600704 SCHULER,PEARL J WASHINGTON FEDERAL SAVINGS 15255 5W 116TH AVE#1 ACCOUNTING DEPT BR 118 KING CITY,OR 97224 425 PIKE ST SEATTLE,WA 98101 2S11�DB90912 2S110CA80481 SCOTT REVOC LIV TRUST WEBER,MABEL L 15437 SW 114TH CT#91 15100 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110D690402 2S110D690941 SHANNON,JACK C WEEDMAN,WENDY SUE 110 RIPPLEWATER LN 15437 SW 114TH CT#94 CARY,NC 27518 TIGARD,OR 97224 2S110CAE30621 2S110CA80841 SHEVCHENKO,EDITH U WIESE,YVONNE H 11545 SW MAJESTIC LN#1 15270 SW CROWN DR#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110D691012 2S110DB90922 SPYKER,ELINA TRUSTEE WILSON,PHYLLIS A SZALOBRYT,JANE C TRUSTEE 15437 SW 114TH CT#92 15435 SW 114TH CT#101 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA80531 TAFF,JUDY M 11505 SW MAJESTIC LN#3 PORTLANG,OR 97224 2S110D801500 TIGARD COVENANT CHURCH 11321 SW NAEVE ST TIGARD,OR 97224 110DB0140 TI D ENANT CHURCH 113 NAEVEST ARD,O 7224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114�h Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136�h Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Paul Owen Todd Harding and Blake Hering Jr. 10335 SW Highland Drive Norris Beggs & Simpson Tigard, OR 97224 121 SW Morrison, Suite 200 Portland, OR 97204 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberiy Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES lon. I of Il (i:\cur�ln\setuollabelslClT South.docl UPDATED: 16-Dec-08 . , �� AFFIDAVIT OF MAILING - k{ I, Patricia L. Lunsford, being first dulysworn/affinn,on oath depose and saythat I ain a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: ,�lar.._��.E.n�F,r.�Ik�.. ili�d�, ❑X NOTICE OF DEQSION FOR MLP2010-00001/VAR2010-00004- 501�1ICPARTTTTON o�i,•��,.ih�.,�,x•r.zi�•��„��) � r1MHNDEDNOTICE � City of Tigard Planning Director A copy of the said notice being hereto attached,marked E�libit"A",and by reference made a part hereof,was mailed to each narned person(s) at the address(s) shown on the attached list(s),marked Exhibit "B", and byreference made a part hereof,on April 30,2010, and deposited in the United States Mail on A�ril 30,2010,postage prepaid. Q�� , f � �� LL��i (Pecson t repared STATE OF OREGON County of Washington ss. City of Tigard p� Subscribe�an1 s��rn/affinned bef�re me on the �U dayof � ,2010. OFFlCUIL SEAL SFIIRLEY L TREAT ,. ,:` NOTARY PUBLIC-OREQ�ON �� (',OMMISSION NO.418777 ,� �'�c--u- MY cOM�AISSION EXP�RES APRIL 2b,20�� NOTARY PUB C OF ORE GON My Conurussion E�ires: '-�'c3�� EXHIBIT.�. NOTICE OF TYPE II DECISION „ MINOR LAND PARTITIDN (MLP) 2010-00001 : SONIC PARTITION 120 DAYS = 7/2-�/2010 SECTION I. APPLICATION SLJMMARY FILE NAME: SONIC PARTITION CASE NOS: Minor Land Paitition(MLP) MLP2010-00001 Adjustment (VAR) VAR2010-00004 PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) e�stinp 1.33-acre site into two (2) parcels for commercial development. The proposed lots are 38 34� and 19,512 sc�uare feet in size. A sign code ad1'ustment is also reqizested to install a sec�nd t�ree- standing s��gn alon the SW RoyaltyParkway}rontage uz addition to a freestanding sign on SW Pacific Highway. �relimi.nary a�p roval was previously granted to construct a Soruc Dnve-In restaurant on proposed Lot 1 (1'llR2009-OOOD1). No detailed plan has been approved for Lot 2. APPLIC.ANT/ MWF T'igard,LLC✓ APPLICANT'S MacKay&Sposito OWNER The Wetsel Co. �P•� Bob Sable Jess Wetsel 1325 SE Tech Center Dr., 2123 NW Aloclek Dr.,Suite 1203 Stute 140 I�'illsboro,OR 97124 Vancouver,WA 98683 COMPRE HE NSI VE PLAN DESIGNATION: GG: General Comrriercial ZONE: GG (PD): General Commercial District. The GG zoning district is designed to accommodate a ft�ll range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforn�ing, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, includulg but not limited to adult entertainment, automotrve equipment repair and storage, mini-warehouses, utilities, heli�ports, medical centers,major event entertauunent, and gasoline stations, are pernzitted conditionally. LOCATION: 15300 SW Pacific H'ighway;Washington CountyTax Map 2S110DB,Tax Lot 500. PROPOSED PARCEL 1: 38,343 Square Feet. PROPOSED PARCEL 2: 19,512 Square Feet. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.370, 18390, 18.420, 18.520, 18J80, 18J95 and 18.810. SECTION II. DECISION Notice is hereby given that the Ciry of Tigard C�mmunity Development Director's designee has APPROVED the ab�ve request for partition and sign code adjiutment subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NU'ITCE OF DEQSION MLP2010-00001&VAILOIO-00004/SONIC Pr1RTITION&SIGN ADJUSTI�IENI' PAGE 1 OF 11 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: ie app icant s ia �prepare a cover etter an su mit it, a ong wi any supportin ocuinents an or p ans d�at address the following requirements to Associate Planner, CHERYL CAINE� 503-718-2437. The cover letter shall clearly identify where in die subinittal the required infomiation is found: 1. The applicant shall obtain a sign pennit for each freestanding sign from the I'lanning Division that meets the si n code requu-ements of Section 18.780 except as ad�usted u7 th�s decision. STAFF CONTAGT: P�aruling/Engineenng Techs at (503) 718-2421. 2. Prior to the issuance of sign peniuu, the applicant shall remove all e�stuig signage, including the freestanding sign along SW Pacific I�ighway. 3. The applicant shall obtain building and electrical pern�its for both free-standing signs since both signs are over 6 feet in Fieight and are illununated. 4. Prior to development of proposed Lot 2, approval for a detailed plan through the Planned Development Review process must be obtained. The applicant shall prepare a cover letter and submit it, alonQ with any supportinQ documents and/or plans that address the following req�uirements to the Development �eview En�ineer. GL�S DUENAS 503-718-2470. The cover letter shall clearly identify where in the submittal the required infoiYnation is found: 5. Prior to final lat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Sfurley Treat at 503-718-2451� 6. Prior to final lat the applicant shall ensure that joint access agreements between Sonic and Les Schwab, and between Lots�and 2 are estabLshed,recorded,and recorded documents referenced on the final plat. 7. Prior to fin<�1 plat the applicant shall ensure that agreements for operations and inaintenance of water qL�ility and detention fac�lities between the two parcels are developed, recorded and the recorded doctunents referenced on the final plat. The applicant shall submit documents to the Development Review Engineer for review and approval pnor to recorduig. b. Prior to finalplat the applicant shall ensure that an op�erations and a maintenance agreement (on City furnished fonns) covenng the water qu��ry and detention fac�lities is developed, approved, recorded and referenced by recorded document numbers on the fuial plat. The applicant shall subrrut the agreement to the Development Review Engineer for review and approval pnor to recorduzg. 9. The applicant shall show a 15-foot public sanitarysewer easement on the final plat for the public line located on Lot 1. 10. The applicant shall ensure the final plat reflects all right-of-waydedications, if any, required as part of the Sonic Restaurant land use approval (PDR2009-00001�. 11. The applicant's final plat shall contain State Plane Coordinates on two monumenu with a tie to the Ciry's global posiuorung system (C7PS) geodetic control network(.GC 22) as recorded in Washington Counry survey records. These moni.unents shall be on the same line and shall be of the same prec�sion as requu-ed for the partition plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to gnd north. These coordinates can be established by. . GPS tie networked to the Cit�s GPS survey. . By random traverse using conventional survey�ng methods. NOTIC�OF DEQSIC�N MLI'201Q00001&VAR2010-00004/SONIC PARTITION&SIGN ADJi JSTMENT PAGE 2 OF 11 12. Fin��l I'lat Application Submission Requirements: A. Subnut for Ciry review four (4) pa�per copies of the final plat prepared by a land surveyor licensed to practice in Oregon and necessary data or narrauve. B. Attach a check uz t�e amount of the current final plat review fee (Contact Plarming/Engineering Pemzit Technicians, at 503-718- 2421). G The final plat and data or namatrve shall be drawn to the minimum standards set forth bythe Oregon Revised Statutes (ORS 92.05),Washington County, and by the City of Tigard. D. Thep lat shall show dedication of property along Highway 99W as required by the land use approval f or the Sonic Restaurant project. E. NOTE: Wtshington Counry will not begin their review of the final plat until they receive notice from the Ciry's Development Review Enguieer uldicatuzg that the Ciry has reviewed the final plat and subnutted conunenu to the applicant's stu-veyor. F. After the City and County have reviewed the fu-ial plat,submit one paper copy of the final plat for City Engineer signature (for partitions), or Ciry Engineer and Commumty Development Director signatures (for subdiv�sions). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFEC"I'IVE DATE OF THIS DECISION NOTED UNDERTHE PROCESS AND APPEAL SECTION OF THIS DECISION. SECI'ION III. BACKGR�UND INFORMATION Site Historv Wheri the site was annexed into the City in 1977, it w��s developed with an existin single farrvly residence, related outbuildings, and a reenhouse, which was used as a retail showroom. In April of 1�78 the Ciry C:ouncil rezoned the site from the coLU7t�s RU 4 to the cit�s R 7 zonin� with a plan desi�nanon of Residential/Commercial. The nursery was granted a conditional use by the 1'laiuung C:orrulussion and Site llevelopment approval by the llirector at about the same tune as the re-zone. Rev�sion of the Comprehensive Plan in the early 1980s changed the plan designation for tlus and adjacent properties to General Corrunercial(GG) with a Planned Development (Pll) overlay. In 1988 site development approval was granted to construct a new, 1,700 square foot niu5ery retail building and remodel the e�sting residence into a retail shop (SDR88-13/PD88-03). A search of Ciry records also revealed a Comprehensive Plan Ainendment attached to the site (CPA91-0002). This amendment was not site specific, but affected several parcels in the area. The amendment changed the transportation map of the Comprehensive Plan by re- designating Naeve Street from a muzor collector to a local street by adding a minor collector connection from 109`'' Avenue, at Murdock, to Pacific Highway and a local street connection between 100�' and 109`'' Avenue north of the Hoodview subdivision. In Febniary of 2010 the Tigard Plannin Conurvssion a proved a Conceptual Plan for the entire site and a Detailed Ylan for the southern portion of the site�proposed Lot 1�to construct a Soruc Drive-In and other commercial btuiness through the Planned Development process. Construcuon has begun on the Sonic, but no Detailed Plan has been subrrutted for the northern portion of the site (proposed Lot 2). No other land use cases related to this site were f ound. Vicinity Infomiation: The site �s a 1.33 acre parcel located on Pacific I-i�ighway,south of Naeve Street and north of RoyalryParkway. The site also fronts Royalty Parkway along the eastern boundary. The site is zoned GG (PD) and is surrounded by properties zoned the same. Areas further to the nonh and east are residential (R 25 and R 12 with PD overlays). King Cary is located to the west across Pacific H�ighway. Most sites in the area are developed. The site is bordered by May Auto Sales to the north and Les Schwab Tires to the south. Pro osal Descri tion: e app .cant is requesting a Minor Land I'artition to partition one (1� e�sting 133-acre site into two (2) parcels for conunercial develo�pment. The proposed lots are 38,343 and 19,512 square feet in size. A sign code adjustment �s also requested to install a second free-standing sign along the SW Royalty Parkway frontage u-i addition to a freestanding sign on SW Pacific Hi hwa . Preluninary ap roval was previously granted to construct a Soruc Drive-In restaurant on proposed Lot 1 (PDIL�009-�0001). No det�d plan has been approved for Lot 2. NOTTC�OF DEQSION MLI'201Q00001&VAR2010-00004/SOI�IIC PARTITION&SIGN ADJLJSTMENT PAGE 3 OF 11 SECTION IV. PUBLIC COMMENTS The Tigard CommunityDevelopment Code re quires that propertyowners within 500 feet of the subject site be notified of the propos.11, and be given an opportu.niry for wntten comments and/or oral testimony pnor to a dec�sion being ir�ide. In addition,staff has posted a notice on the site,visible from both streets. Staff received no comments or letters from adjacent propertyowners. SECTION V. APPLICABLE REVIEWCRITERIAANDFINDINGS VARIANCES AND ADJUSTMENTS (18.370): Section 18J80.130.C.1. states that one multi-faced, freestanding si�g�n shall be pernutted for sites within the GG zone. One freestandin�sign is proposed at the Pacific Highway entry. The applicant is requesting an adjusmient to allow a second freestan uig sign along the Royalty Parkway street frontage. Due to access spacu�g requu-ements along� SW Pacific I-3i�hway and limited frornage along SW Royal Parkway, access to the future business located on proposed Lot 2 ��ill be trom shared access points on Lot 1. S�gns �be shared between the two businesses. Therefore the -applicant is requesting a second freestanding sign. The sig�n��a�long Pacific H'ighwaywill be 20 feet in height, with a combined face of 140 square feet (70 sq. feet on each side). "1'h�s sign will also include an electroruc message center; which is considered a special condition sign and must meet the requireinents of section 18J80.090.D of the Tigard Development Code. Preluninary lans show the second sign along Royalty Parkway to be 8 feet tall with total signage of 70 square feet (35 sq. feet per�ace). Sign pernlits are required pnor to u�stallation of the signs; these perrruts were not requested with th�s application. A condition of approval will ensure that sign pernzits are obtauied prior to installation. Adjust�nents to sign code (Chapter 18.780) Section 18.370.020.C.8 states that the Director shall approve, approve with conditions: or deny a request for an adjust�nent to the sign code based on findings that at least one of the following critena are satisfied (1) The proposed adJ'ust�nent to the hei�ht limits in the sign code is necessary to make the si�n visible from the street because ot the topography of t�ie site, and/or a conforming building or si�n on an ad�acent property would limit the view of a sign erected on the site in conforcnance with Chapter 18J�0, Signs; The applicant is not proposing an adjustment to the height linutation. This criterion does not apply. (2) A second freestanding si n is necessary to adequately identify a second entrance to a business or premises t�iat is oriented towards a di�erent street frontage; The site is a through lot with frontages on two streets that do not intersect. The entrances are located on opposite ends of the site. Si�nage �s needed to adequatelyidentify the entry points,. Advertising for businesses on lots 1 and 2 w�ll be done jointly with shared signage at both dnveway locations. No freestanding signs will be constructed on proposed lot � (3) Up to an additiona125% of sian area or hei�ht may be pemlitted when it is detennined that the increase will not deter from the purpose o�Chapter 18J8�, Si�iis. This increase should be judged according to specific needs and circumstances which necessitate addit�oiial area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of tlus chapter, The applicant is not asking to increase the square footage of an individual freestanding sign. This criterion does not apply. (4) The proposed sign is consistent with the criteria set forth in Section 18J80.130.G; Section 18.780.130.G speaks to additional si�n area and sign height pernlitted through the Site Development Review process. The applicant �s not requestuig additional si�gn� area,sign height, or a Site Development Review. The propos��l �s for a second free-standing sign and land partition. These standards do not apply. NOTTCE OF DEQSION MLI'201D-00001&VAR201Q00004/SOI�IICPARTITION&SIGN ADJUSTMENT PAGE 4 OF 11 �5) The proposed elception for a second freestanding sign on an interior lot which is zoned coiYUnerrial or uidustiial is appropriate because all of the following apply: (a) The conibiiied height of both sigiis shall not exceed 150% of the sign height notnially allowed for one treest��iiding sign in the same zoniiig district; however, neither shall exceed the height nonnally allowed in the same zoning district; (b) Neither sign will pose a vision clearance problem or will project into the public right-of-way; and (c) Total combined sibn area for both signs shall not exceed 150% of what is nornially allowed for one treestaiiding sign in the same zoning distnct; however, neither shall e�ceed the height nornially allowed in the same zonuig district. 111e site is a throu�h lot and has frontage on two streeu. Regardless�, the applicant notes that the proposed sians ��ill not exceed 150`% o the 20-foot height lunit or the 70 square feet per ace maxunum sign area allowed in the G�zone. The proposed sign is 8 feet high and 35 feet per square face. Neither sign will be located withui the vision clearance areas or pro�ect uito the public right-of-way. I�� addition the Director shall review all of the existing or proposed siQnage for the develop ment and its relatioiiship to the intent and purpose of Chapter 18.780, Signs. ttc a con�tion of approval of the adjustment, the Director may require: (1) Removal or altei�tion of nonconfornling signs to achieve compliance with the standards contained in Chapter 18J80, Signs; (2) Removal or alteration of conforniing signs to establish a consistent sign design throughout the developineiit; and (3) Application for sign peiYnits for signs erected without pennits or removal of such illegal signs. There is one e�sting free-standing sign on site that was used for the previous nursery business. The applicant did not address the removal of this si n, but the sign is also not shown on the prel'un�nary plat/site plan. 1� condition of approval will ensure the reinov�of the existing sign pnor to�sst�ance of pern7iu for the proposed signage. FINDING: Staff finds that the sign code adjustinent criteria are not completely satisfied but can be conditionally met. CONDITION: Prior to the issuance of sign pennits, the applicant shall remove all e�sting signage, including the freestanding sign along SW Pacific I Tighway. Land Pattitions (18.420): The proposed paitition complies with all statutory and ordinance requirements and regulations; 'I�1e proposed partition coinplies or can be n�ide to coinp�ly with all statutory and ordinance requirements and re�,��lations as demonstrated by the an��lysis contained within this adiYUrvstrative dec�sion and through the imposition of conditions of develo�pment approval. All necessaryconditions must be satisfied as part of the fuial plat process or pnor to sign installation. "l�herefore,this cntenon is met. There are adequate public facilities available to serve the proposal; All proposed improvemeiits nieet City and applicable agency standards; and Public facilities and unp rovements for site development were reviewed under the previously approved Planned Development (PDR2009-00001). This proposal is to partition the site and request a sign code adustment. Those standards affected bythis proposal are disctused Luider the Street and Utilitysection of this decision. All proposed lots confonn to the specific requireinents below: The minimum width of the building envelope area shall meet die lot requirement of the applicable zoning district. N011C�OI=DEC�SION MLI'201Q00001&VA1t2010-00004/SOIVIC PARTTTION&SIGN ADJUS'ITvIENT YAGE>OF 11 The micuini.un lot width required for the GG zoning district is 50 feet. Lot 1 has an average parcel width of 129 feet, while Parcel 2 has an aver�ag e width of 70 feet. Thls infonnation was athered from the scaled site plan because the applicant did not give speci�ic dunensions within the narrative. This stan�ard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. There is no �nini�nLUn lot area reqturement in the GG zoning district. The proposed partition creates two (2) lots that are 38,343 and 19,512 sqt�are feet respectively. This critenon has been inet. Each lot ct�eated through the partition process shall front a public right-of-way by at least 15 feet or have a le�ally recorded minimum 15-foot wide access easement. Parcel 1 has 133 feet of street frontage alon�> SW Pacific H'ighway and 71 feet along SW Ro<<ilty Park��ay. Parcel two has 73 feet of street frontage along SW Pacific I�ighway. Although Lot 2 has street trontage,there �s no c�u-ect access to a public street. Setbacks shall be as required by the applicable zoning district. Setbacl�s for the GG zone are typically zero unless the site is adjacent to or near a residential zoning district; the site is sLU-rounded by commercial zorun (GG). The setbacks for Parcel l were approved through� the Planned Development Review for the Sonic Drive-In (�K2009-00001) with one exception. The proposed lot line creates a north side yard setback of two feet. Since the required setback is zero, this standard is still sat�sfied. Setbacl;s for future development on Lot 2 will be verified through a future Planned Development Review process. ��/hen the partitioned lot is a flag lot,the developer may determine the location of the front yard,pmvided that no side yard is less than 10 feet. Stiuctures shall generally be located so as to maxitnize sepai�tion from existing stnictures. Both lots h�ive street frontage,therefore no flag lots are created through this proposal. This criterion is not applicable. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. T�us criterion is only applicable to flag lots. Since the proposal does not include a flag lot, the requirement is not applicable. The fire district may require the inst�zllation of a fire hydrant where the length of an accessway would have a detrimeiltal effect on fire-fighting capabilities. Hycirant location and access have not changed since the approval of the Plaiuied Development (PDR2009-00001). Tualatin Valley Fire and Rescue endorses the proposal and no conditions were made regarding access or firefighting water supplies (see Apnl 13,2010 comment letter). This reqwrement is met. Where a conunon drive is to be provided to serve more than one lot, a reciprocal easeinent which will ensure access and maintenance rights s�lall be recorded with die approved partition map. After the partition, only Lot 1 will have direct street access; therefore access to Lot 2 will be provided via a reciprocal easement over Lot l. In addition,e ress from the Les Schwab site to the south is also required across Lot 1;a recorded access easement is reflected on the p�at (2010-014662). !�condition of approval will ensure the acccss easement for Lot 2 is noted on the plat. Any access way shall comply widl the standards set forth in Chapter 18J05,Access,Egress and Circulation. Accessways on Lot 1 were previously approved through PDR2009-00001 for the Sonic Drive-In. No changes are proposed to those access dnves or locations. Cu-culation drives on Lot 2 will be reviewed during a future I'latu-ied Developinent Review process for the development on that site. N011C�OF DEQSION MLI'201Q00001&VAR201400004/SOI�IIC PARTTTION&SIGN ADJUSTMENT PAGE G OF 11 Where landCill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lou are approxirr�ltely 2,900 feet to the nonh of the nearest 100-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards presciibed in this chapter shall be inade in accordance with Chapter 18.370, Variaiices and Adjushnents. The applications forthe partition and variance(s)/adjust�nent(s) will be processed concui-��iidy. I\TO variances or adjustment to the Minor Land Partition standards have been proposed but the applicant has requested a sign code adjtutment to pernzit a second freestanding sign on-site. The requirements �or this ad�ustment are discussed tu7der the Vanances and Adjtutinents section of this dec�sion. FINDING: The Land Partition standards have not been fullymet but can be as conditioned below. CONDITION: Ensure that joint access agreements between Sonic and Les Schwab, and between Lou and 2 are established,recorded,and recorded documents referenced on the final plat. Commercial Zonin� Districts ,18.520�: Developinent stan ards in residentia�zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-G Parcell Parcel2 Minimum Lot Size -Detached unit None 38,343 sq.ft. 19,512 sq.ft. -Duplexes -Altached uuit Minimum Lot Widdi 50 ft 129 ft.[1] 70ft.[1] Maxi�uum Lot Covera e 85%[2] 80% Can be met Minimuin Setbacks - Pin�it yarcl 0 ft. 37 ft. C�an be mct -Side facing st�eet on comer&through lots -- N/A -Side ya�1 0/20 ft.[t] 2 ft./42 ft. -Kear yai� 0/20[I] 126 ft. -Distance between pcc>pectv line and front of gacage -- N/A Maxi�uum Hei ht 45 fG 40 ft. Can be met Minimum Landsca�e Re uirement 15% 20% Can be mec [1]Measured from the site plan. No minimum lot size is required for the GG zone. The lot width, landscape and lot coverage standards are met as shown in the table. However the srte has a Planned Development overlay; therefore, at least 20% of the site must be shar( open space facility�. A condition of approval antp the previously a�proved Planned Development Review PDR2009-00001) re wres that the DetaiZed Develo ment PIan for Lot show that the ma�rrium site coverage requirement of 80% �s not exceeded for both sites. The buildin� gheight and most of the setbacks on Parcel 1 were approved through PDR2009-00001 and have not changed. The one exception is the new prop�osed property line which affects the northern side yard setback. A proposed canopy for the dine-ui car spaces will be located two feet from the new property line. The requirement is zero; therefore this standard is still met. Lot 2 is vacant and no detailed proposaI has been reguested for that portion of the site. Development standards for Lot 2 will be reviewed under a future Planned Development Review process. NOTIC�OF DEQSION MLI'201400001&VAR201Q00004/SOI�IlCPARTITION&SIGN ADJUS'1'MENT PAGE 7 OF 11 FINDING: Based on the analys is above, the Commercial Zoning District Standards can be met conditionally for lot 2. CONDI7TON: Prior to development of proposed Lot 2, approval for a detailed plan through the Planned Development Review process must be obtained. Access, Egress and Circulation(18.705� A detailed site plan showing access, egress and circulation was previously reviewed and approved through the Planned Development Review process (PDR2009-00001). No changes are proposed to those access locations or drive aisles. The proposed panition creates a new lot that has street frontage but no direct access to a public street. Joint access between Lots 1 and 2 to Pacif ic I-�ighway and Royalty Parkway are proposed. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize joindy the same access and e�ress wheii the combined access and egress of both uses, structures, orp arcels of land satisfies the combinec�reyuirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the forni of deeds, easements, leases or contracts to establish die �oint use; and copies of the deeds, easements, leases or contracts are placed on pernianent file with the City. Previously approved access drives on Lot 1 will provide public street access for Lot 2. The applicant has proposed an ingress, egress, c�rculation easement on Lot 1 for the benefit of Lot 2 via the final plat, but that plan is not to scale. A condition of approval under the Land Partition section of this decision ensures this requirement will be satisfied. FINDING: The Access, Egress and Circulation standards can be met as conditioned under the Land Partition secuon of t�is decision. Ini�act Studv(18.390� �ection 18.�9 .�040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility systen} andty�e of impact the study shall propose improvements necessary to tneet City st��ndard, and to m�nimize�he impact o� the development on the public at large, public facilities systeins, and affected priva�e property users. In situations where the Corrununity Development Code requires the dedication of real property interests, the applicant shall either s ecifically concur with a re uirement for public right-of-way dedication, or provide evidence that supports �at the real property dedica�ion is not roughly proportional to the rojected impacts of the develo inent., Section 18.390.D40 states that when a condition of ap roval reguires �e transfer to the �ublic of an interest in real properiy, die approval authority shall adopt findn gs which support the conclusion lat the interest in real prope�y to be transferred is roughly proportional to the impact the proposed development will have on fhe public. Becal�se the proposal is only for a partition and adjustment,public facilities and services will not be further impacted Even so, an Impact Study was provided by the applicant as required by section 18.390.040 to outline how shared facilities will be accommodated. A new water meter will be installed on each lot. Sanitary sewer service will be extended through Lot 1 from SW Royalty Parkway via a public line to Lot 2. An associated sarutary sewer easement will be provided for Lot 2. Stormwater w11 be handled by a shared facility between Lots 1 and 2. ROUGH PROPORTI�NALITY ANALYSIS The Washington County Transportation Development Tax �TD'I� �s a mitigation measure that is required at the tune of development. A transportation unpact study prepared by Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61 is used as the bas�s for the Rough ProportionalityAnalysis. Based on Washul�t on Counry figures TDTs are expected to recapture a percentage of the traffic impact of new development on the �ollector and Arteriaj Street system. Street unprovements and nght-of-way dedication were r�eguired with the Planned Development Review and shown to be roughlyproportionate to the approved development. No additional public improvements are required with this partition and adjustment;therefore no analysis �s reqwred. PUBLIC FACILITY CONCERNS Street And Utility Im rovements Standards (Section 18.8101: Chapter 18.810 provi�es construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: NOTICE OF DEC7SION ML1'201Q00001&VARZOIO-00004/SOI�11C PARTITION&SIGN ADJUSTMENT YA(�L 8 OF 11 Easements Utility easements: Section 18.810.050 (B� A property owner pro osing a development shall make airanaements with the City, the applicable district and each utility franc�ise for the provision and dedication of ut�ity easements necessary to provide full services to the development. The Cit}�s standard �vidth for public main line utility easements shall be 15 feet ui�less otherwise specified by the utility company, applicable district, or City E ngineer. The applic.uit proposes a 15-foot wide sanitary sewer e��sement to be provided to the City of Tigard over the public iz�iin nuuiulg from Royalry Parkway across Lot 1 to serve Lot 2. The easement �s shown on the preluninary plat. A condition of approval will ensure the easement is included on the final plat. Streets: Lots - Size and Shape: Section 18.810.060(A) states that lot size, width, shape and orientation shall be appropriate for the location of die development and for the type of use contemplated and: 1) no lot shall coiit�lin patt of an existing or proposed right-of-way within its diinensions, 2) the depth shall not be inore than 2.5 times the average lot width ui�less the parcel is less than 1.5 times the minimum lot size of the applicable zoning district, and 3)dept�and width of properties zoned for commercial and industrial pu�oses sliall Ue adequate to provide for the off-street par�ing and service facilities required by the type of use proposed. Lot 1 h��s an average lot width of 129 and a depth of approximately 288 feet (2.23 times). The average lot width on Lot 2 is 70 feet and the average depth is approxunately 279}eet (3.98 tunes . There is no m,mmum lot size for the General Corninercial (GG) zone. The applicant states that due to the shape o�the parent parcel both parcels cannot meet the depth requu-ement, only lot 1. The site is zoned for commercial uses and the proposed lot shape and size accomniodates the previoLUlyapproved development plan,required off-street parking and service fac�ties. Lot Front�lge: Section 18.810.060(B) requires that lots have at least 25 feet of fronta�e on public or private streets, other than an alley. In the case of a land �artition, 18.420.050.A.4.c applies, which requires a parcel to either have a miniinum 15-foot frontage or a minimiim 15-foot wide recorded access easeinent. In cases where the lot is for an attached single-fainily dwelling unit,the frontage shall be at least 15 feet. Lot 1 has 133 feet of street frontage along Pacific Highway and 71 feet of frontage along Royalry Parkway. Parcel two has 73 feet of frontage along Pacific H'ighway. This standard�s sat�sfied. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new developinent and to connect developments to e�sting inains in accordance with the provisions set forth in Design and Construction Standards}or Sanitary and Surface Water Manageinent(as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional developilient within the area as projected by t�e Coniprehensive Plan. Public sewer has been e��tended into the site. The prelinunary plat shoa5 a 15-foot vvide sanitary sewer easement. A condition of approval will ensure this requirement is met. FINDING: The Street and UtilityImprovement standards have not been satisfied but can be as conditioned below. CONDITION: The applicant shall show a 15-foot public sanitarysewer easement on the final plat for the public line located on Lot 1. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDt1RDS: Fire and Life Safetv: Tualatin ValleyFire and Rescue (South Division) [Contact:John Dalby, 503-356-4723]provides fire protection services within the City of Tigard. NOTTC�OF DEQSION MLI'201Q00001&VAR2010-00004/SOIVIC PARTITION&SIGN ADJIJS'I'MENl' PAGE 9 OF 11 Public Water System: Water service is provided by the Ciry of Tigard. The Sonic Restaurant project is installing water service to both lots. Address Assi nment�: The City o igard is responsible for assignin addresses for parcels within the City of Tig ard and within the Ciry of Ti ard. An addressing fee in the amount of$5�.00 per address shall be assessed. Th�s fee shall be paid to the Cirypnor to�ulal plat approv��l. Surve Re uirements: The applicant's inal plat shall contain State Plane Coordinates AD 83 (9� 1)] on two monuments w�ith a tie to the Cit�s global positiorung system (GPS) geodetic control network�GC 22). These monuments shall be on the same line and shall be of the same prec�sion as required for the partition plat boundary. Alon with the coordinates,the plat shall contain the scale factor to convert ground measurements to grid measureinents an�the augle from north to gnd north. 111ese coordinates can be established by: • GPS tie networked to the Cit�s GPS survey. • By random tr�verse using conventional surveyuig methods. In addition, the applicant's as-built drawin�s shall be tied to the GPS network. The applicant's eng�ineer shall provide the Ciry with an electroruc f�le with pouzts or each strucnu-e (rnanholes, catch basins, water valves, h rants and other water system features) in the development, and their respective X and Y State Plane Coordinates, re erenced to NAD 83 (91). SECI'ION VI. OTHER STAFF COMMENTS The City of Tigard Public Works Departinent, City Arborist, City Building Division, and Tigard Police were sent a copy of the proposal. No objections were made by any of the staff. The Develo�nient Review Engineer has reviewed the propos�l. Comments and conditions have been incorporated into the dec�sion. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue endorses the proposal and has no conditions insofar as fire apparatus access or firefighting water suppLes. Portland Genei�l Electric has reviewed the proposal and has no objections. Clean Water Services comments have been incorporated into the decision through by the Development Review Engineer's conditions. 4regon Department of Transportation conunented that the agencyis not obligated to provide additional approaches to the state highwayfor newparcels and recommends the following condition: • The applicant shall record cross-over easements to the adjacent properties with state highway frontage with the Coi�nty Assessor. NOTTC�..�)F DEQSION MLI'201Q00001&VAR2010-00004/SOIVIC PARTITION&SIGN ADJUSTMENT PAGE 10 OF 11 SE CTION VIII. PROCE DURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X C?wner of record within the required distance X Affected government agenaes Final Decision: THIS DECISION IS FINAL ON APRIL 30,2010 AND BECOMES EFFECTIVE ON MAY 15, 2010 LTNLESS AN APPEAL IS FILED. uA� � e��l: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18390.040.G.1. may appeal this deci�i�n in accordance a�ith Section 18.390.040.G.2. of the Tigard Corrununity Development Code which provides that a Lvritten a peal together with the re�quired fee shall be filed with the D�rector withui ten(10) business days of the date the Notice o�Dec�sion was n-iailed. The appeal fee schedule and forn�s are available from the Planrung Drv�sion of Tig�rd City Hall, 13125 SW Hall Boulevard,�I'igard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments sub�utted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal inay be subrrutted by any party during the appeal hearuig, subject to any additional iules of procedure that maybe adopted f rom tune to tune by the appeltate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY14,2010. ��esuo�ns: It you have any questions, please call the Ciry of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Bot�levard, Ti�ard,Oregon at (503) 639-4171. �o�y�- �- Ca'''^y� A ril 30 2010 PREPARE BY: Cheryl Caines ATE Associate Planner � A ri130 2010 AI'PROVED BY: Ron Bunch ATE Conununiry Development Director N�)'IIC��)FllEQSION h1LP2C1400001&V,llt201G0000�4/SOI�IICPARTITION&SIGN?�DJU511�fE?�T PAGE 11 OF 11 '' ~ � - �- VICINITY MAP f _ _ -- - - - �"'u MLP2010-00001 ' VAR2010-00004 �'`''` '' �+..� �``- -` SONIC PARTITION - `, - ..� e e — - � — ----- _ __ � `�`',, ,,._-- I�TJ \/��, r � 1� _- t� �i, � �+ �!_ � � '' � � � ' ��`- `��`�'' ' �.- �•.� ;I Subject Site i ` �r S � 1r. i � � , ` � �� '' � �1 � �' `- � � _�� ,y�� `'-1` z1, �; �' �'� ��=�'' -', . 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SONIC DRIVE-IN PARTITION 2123 NW Aloclek Dr., Suite 1203 Hillsboro, OR 97L4 EXHIBIT;� MacKay&Sposito Attn: Bob Sable 1325 SE Tech Center Drive,Suite 140 Vancouver,WA 98683 ODOT Region 1 Planning Development Review Attn: Seth Bruinley 123 NW Flanders Street Portland, OR 97209 �� AFFIDAVIT OF MAILING - � I, Patricia L. Lunsford,being first dulysworn/affirm,on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington Couiity, Oregon and that I served the following: ;��..k�,i„�,F�t,��•n,,.t,)ik-k�a; 0 NOTIC� OF PENDING LAND USE DEQSION FOR MLP2010-00001/VAR2010-00004 - SONIC PAR7TTTON � AMENDED NOTICE (��.�t��„�r�rem��e) � City of Tigard Plannuig Director A copy of the said notice being hereto attached,marked E�ubit "A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and byreference made a part hereof, on Apnl 2,2010,and deposited in the United States Mail on Apri12,2010,postage prepaid. ��'�( � , � (Person ed Notice) STATE OF OREGON County of Washington) ss. City of Tigard ) ,� Subscribed and sworn/affirmed before me on the �� dayof � ' ` -f ,2010. OFFICIAL SEAL � �� q��T NOTARY PUB IC OF OREGO NOTARY PUBLIC-01�QON M CoiYUnission Ex ires: `fI� I� CAMMISSION NO.418777 y P MY CO�M�$SION EXPIRES APRN.2S�20/1 NOTICE TOMORTGAC�E,LIENHGL.�ER,VENDORORSELLER EXH I B IT.� TT�E TTGARD DEVELOPMENT�DE REQLJIRES THATIF YOURE�IVE T�IIS NOTIC�, IT SHALL BE PROMP'I�,Y FORWARDED TO THE PURC�-IASER NOTICE OF PENDING „ LAND USE APPLICATION : MIN4R LAND PARTITION . , � DATE OF NOTICE: Apri12, 2010 FILE NO.: MINOR LAND PARTITION (MLP) 2010-00001 ADJUS'TMENT(VAR) 2010-00004 FILE TITLE: SONIC PARTITION APPLICANT & MWF Tigard,LLC✓ APPLICANT'S MacKay&Sposito OWNER The Wetsel Co. REP: Attn:Bob Sable Attn:Jess Wetsel 1325 SE Tech Center Dr.,Suite 140 2123 NW Aloclek Dr.,Suite 1203 Vancouver,WA 98683 Hillsboro,OR 97124 REQLJEST: The applicant is requesting a Minor Land Partition to partition one (1) existing 133-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. A sign code adjustment is a]so requested to install a second freestanding sign. The second sign is proposed alon the Royalry Parkway frontage. Preluninary approval was previously granted to constnut a Sonic Dnve-in restaurant on proposed Lot 1 �PDR2009-00001). No detailed plan has been approved for Lot 2. LOCATION: 15300 SW Pacific I-�'ighway,Washington Counry T�Map 2S 110DB,Ta�c Lot 500. ZONE: GG (PD): General Conunercial District.The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Caty wide and even regional trade area. Except where non-conforming, residential uses are limited to single-faiYUly residences �vhich are located on the same site as a pern�itted use.A wide range of uses, including but not limited to adult entertauunent, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers,major event entertainment, and gasoline stations,are pem7itted conditionally. (PD) The subject roperty has a planned development overlay on a portion of the site. The purposes of the planned development overlay zone are: 1�To provide a ineans for property development that is consistent with Tigard's Comprehensrve Plan through the application of flexi le standards which consider and iruugate for the potential impacts to the Ciry;2) To provide such added benefits as uicreased natural areas or open space in the Ciry, alternative building designs, walliable con-ununities, preservation of significant natural resources, aesthetic appeal, and other rypes of assets that contnbute to the larger community in lieu of stnct adherence to many of the rules of the Tigard Communiry Development Code; 3) To achieve unique neighborhoods (by varying the housing styles through architectural accents,use of open space,innovative transportation facilities) which w�ll retain their character and city benefits, while respecting the characteristics of e�sting neighborhoods through a��ro riate buffering and lot size transiuoning; 4) To preserve to the greatest extent �ossible the existing landscape features and ameruties �trees,water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; 5) To consider an amount of development on a site,within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6) To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public faciliry construction methods and materials. APPLICABLE REVIEW CRITERIA: CommuniryDevelopment Code Chapters 18.370, 18.390, 18.420, 18.520, 18J80, 18J95 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written corrunents on the application to the Ciry. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 16, 2010. All comments should be directed to Cheryl Caines, Associate Planner(x2437) in the Plannin Division at the Ciry of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the Ciry of Tigard by telep�one at 503-639-4171 or by e-mail to chei�l��lti��'d-��uv. ALL COMMENTS MUST BE RECEIVF.D BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FUR YOUR COMMENTS TO BE CON5IDERED IN THE DECISION- MAKING PROCESS Tf-� QTY OF TTGARD APPREQAT'ES RECEIVING COMNIENTS AND VALUES YOUR INPUI'. COMMENTS WILL BE CONSIDERED AND ADDRESSED WIT�IIN THE NOTIC� OF DEQSION. A DEQSION ON T�IIS ISSUE IS TENTATTVELY SQ�DULED FOR APRIL 30, 2010. IF YOU PROVIDE CONAQENTS, YOU WILL BE SENT A COPY OF 'THE FULL DEQSION ONC� IT HAS BEEN RENDERED. WRITTEN COMIVIENTS WILL BECONiE A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificiryon that issue. FAILURE OF ANY PARTY TO ADD�.._.�S THE RELEVANT APPROVAL CRIT�,tZIA WITH SUFFIQENT SPEQFIQTY MAY PREQ.UDE SUBSEQUENT APPEALS TO TI-� LAND USE BOARD OF APPEALS OR QRCLIIT COURT ON THAT ISSLJE. SPEQFIC FINDINGS DIRECTED AT Tf-� RELEVANI' APPROVAL C�ZI7'ERIA ARE WHAT CONSTTTLI'TE RELEVAN"f EVIDENCE. AFTER 'IT-� 14-DAY CONIlv1ENT PERIOD Q.OSES, TF-IE DIRECTOK SHALL ISSLIE A TrPE II ADMINIS`IRATIVE DEQSION. 7� DIRECTOR'S DEQSION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOC'ATED WITHIN 500 FEET OF Tf-IE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN�M1��NTS OR WHO IS OTf-IERWISE ENTTTLED TO NOTIC�. 1� DIRECTOR'S DEC�SION SHALL ADDRESS ALL OF THE RELEVANl'APPROVAL CRITERIA. BASED UPON THE QZITERIA AND'I�FACI'S CONTr1iNED WITHIN Tf-� RECORD,'I�DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY Tf-IE REQUESTED PERMIT OR ACITON. SLJMMARY OF THE DECISION-MAKING PftOCESS: • The application is accepted by the Ciry • Notice is sent to propeny owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by Ciry Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of propert}�located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into a�ith the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FORREVIEW: The application, written comments and supponing documents relied upon by the Director to make this decision are contained within the record and are available for public review at the Ciry of Tigard Conununiry Development Department. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." 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SONIC DRIVE-IN PARTITION 2123 NW Aloclek Dr., SLiite 1203 Hillsboro, OR 97124 ^ EXHIBIT '_ MacKay&Sposito Atm: Bob Sable 1325 SE Tech Center Drive, Suite 140 Vancouver, WA 98683 2S110DB90821 2S110DB90842 ADAMS,JOSEPH J CONNER,VERNA D& 15432 SW 114TH CT#82 HUMPHREY,GRETCHEN G,TRUSTEES TIGARD,OR 97224 15432 SW 114TH CT#84 TIGARD,OR 97224 2S110DB90421 2S110CA80741 AMACHER,MARIE A CRANSTON,ARLEEN J 15483 SW 114TH CT#42 15215 SW 116TH AVE#1 TIGARD,OR 97224 KING CITY,OR 97224 2S110DB90982 2S110D891001 BARNETT,ANGELA CURRIE,CRAIG H REVOC LIV TRUST 15435 SW 114TH CT#98 10306 E SILVERTREE CT TIGARD,OR 97224 SUN LAKES,AZ 85248 2S110CA80601 2S110CA00103 BATEMAN,JAY ROGER SUPP LIVING T DENNY PURKEY,LLC BY RALPH C&VIRGINIA L BATEMEN TRS 15350 SW 116TH 11545 SW MAJESTIC LN#3 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80861 2S110DB00301 BELLAIRS,DON E DEZFULLi,EBRAHIM&SHAHIM 15270 SW CROWN DR#1 12587 SW 133RD AVE KING CITY,OR 97224 TIGARD,OR 97223 2S110CA01701 2S110D601200 BP WEST COAST PRODUCTS, LLC DEZFULLI,SHAHIN&EBRAHIM BP PROPERTY TAX 12587 SW 133RD PO BOX 5015 TIGARD,OR 97223 BUENA PARK,CA 90622 2S11aCA80561 2S110DB90962 BURNETT REVOCABLE TRUST OIETRICH,PAMELA C BY BURNETT,LORETTA C 8 15437 SW 114TH CT#96 COOK,ELAINE B TRS TIGARD,OR 97224 11545 SW MAJESTIC LN#7 KING CITY,OR 97224 2S110CA80471 2S110CA80711 CAMPBELL,MYRTLE M DOVE,BOB N 8 JANICE E 15100 SW CROWN DR#4 19135 SW MOBILE PL KING CITY,OR 97224 TUALATIN,OR 97062 2S110DB91092 2S110CA80551 CHAVE,P FRANKLIN DUSEVOIR,EUGENE&EVELYN H 15371 SW 114TH CT#109 10405 SW DENNEY RD TRLR 59 TIGARD,OR 97224 BEAVERTON,OR 97008 2S110CA80591 2S110CA80751 CHENOWETH,MILDRED H EDMONSON,MIRIAM E 11545 SW MAJESTIC LN#4 15215 SW 116TH AVE UNIT#2 KING CITY,OR 97224 PORTLAND,OR 97224 2S110CA80511 2S110CA80701 FARAH,CAROL L HANNA,ALMA L REV LIV TRUST 11505 SW MAJESTIC LN#5 11530 SW MAJESTIC LN#1 KING CITY,OR 97224 KING CITY,OR 97224 110DB90 00 2S110CA80731 FO T AT SUMMERFIELD CONDO P HARMON,MARBA W& OW OF UNITS HARMON,JOHN RAYMOND 00000 11530 SW MAJESTIC LN#4 KING CITY,OR 97224 110DC90 0 2S110D691022 F T S AT SUMMERFIELD CONDO P HARRISON,H FAYE OW S OF UNITS 15435 SW 114TH CT#102 0000 TIGARD,OR 97224 2S110CA80581 2S110D691071 FRANK,BETTY J HELLINGS,DAVID F 11545 SW MAJESTIC LN#5 15371 SW 114TH CT#107 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80761 2S110DB91062 FRANK,SHIRLEY A HOFFMAN,JUDITH A 15215 SW 116TH#3 15373 SW 114TH CT#106 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80521 2S110DB00201 FRENCH,GLADE H&DAWN M HOLLAND HOLDINGS I ARBOR 11505 SW MAJESTIC LN#4 HEIGHTS,LLC KING CITY,OR 97224 BY CLYDE HOLLAND PARTNERS LLC 1111 MAIN ST,STE 710 VANCOUVER,WA 98660 2S110D690381 2 110D600200 FROST,LENA D H AND HO NGS I ARBOR 15485 SW 114TH CT UNIT 38 HEIG S, TIGARD,OR 97223 BY C HOLLAND PARTNERS LLC 11 MAIN STE 710 ANCOUVER, A 98660 2S110DCO2200 2S110CA80501 GMS FtVE LLC HOLMAN,WI�LIAM C 5973 AVENIDA ENCINAS STE 300 HOLMAN,SUSAN M CARLSBAD,CA 92008 8040 SW BROADMOOR TERRACE PORTLAND,OR 97225 110D600 2S110D891031 G F LLC HOOP,ALBERT F& 597 ENI�A ENCINAS STE 300 HOOP,PATRICIA A C RLSB CA 92008 15373 SW 114TH CT#103 TIGARD,OR 97224 2S110DB91081 2S110CA80811 HAMMERSCHMITH, HELEN M HURLESS,ROBERT W 8 15371 SW 114TH CT#108 FOX,JOHN M/ELIZABETH A HURLESS TIGARD,OR 97224 15200 SW CROWN DR#2 KING CITY,OR 97224 2S110CA80491 2S110CA80611 HUTCHINS,KATHLEEN E KOBAYASHI,ARTHUR TAKEO TRUST& 15100 SW CROWN DR#2 KOBAYASHI,VALERIE DOREEN TRUST PORTLAND,OR 97224 11545 SW MAJESTIC LN#2 KING CITY,OR 97224 2S110CD07700 2S110CA80911 KAADY,CHARLES LACHAPELLE,JOHN EDWARD 7400 SW BARBUR BLVD 15290 SW CROWN DR#1 PORTLAND,OR 97219 PORTLAND,OR 97224 2St10DB90971 2S110CA80821 KATZ,MARILYN A�STEPHEN G LATTANZI,JOSEPHINE F 15435 SW 114TH CT#97 MORIN,RITA K TIGARD,OR 97224 15200 SW CROWN DRIVE#1 KING CITY,OR 97224 2S110CA80901 2S110D890351 KELSO,SUSAN LIVING TRUST LAYTON LIVING TRUST BY SUSAN R KELSO TR 15485 SW 114TH CT#35 15290 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110DB90991 2S110DB00703 KESSLER,LORRAINE REVOCABLE TRUS LES SCHWAB TIRE CENTERS OF PORTL 15435 5W 114TH CT#99 STORE ACCOUNTING TIGARD,OR 97224 PO BOX 5350 BEND,OR 97708 2S110DB90371 2S110DB90952 KINCAID,JUANITA LOGAN,CHERYL L 15485 SW 114TH CT#37 15437 SW 114TH CT#95 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA01600 2S110CA80871 KING CITY CIVIC ASSOCIATION LUCAS,NEATIN 15245 SW 116TH 15290 SW CROWN DR#4 KING CITY,OR 97223 KING CITY,OR 97224 110CA80 0 2S110CA80541 KI C CONDO UNIT OWNERS LUNDELL,ROBERT G SR 11205 SW SUMMERFIELD DR#140 TIGARD,OR 97224 2S110CA80 1 ZS110CA00100 G CI CONDOMINIUM LUTON,ROBERT C O S OF UNITS c/o KVERNLAND,ERIC B 15390 SW 116TH AVE TIGARD,OR 97224 2S110CA00102 2S110D891102 KING CITY,CITY OF LYNCH,MARY LOUISE 15300 SW 116TH 15371 SW 114TH CT#110 KING CITY,OR 97224 TIGARD,OR 97224 2S110CA80691 2S110DB91041 LYNN,LARRY J&SHANNON D MILLER,KEN&VICKI 7415 SW EAST LAKE CT 15373 SW 114TH CT#104 WILSONVIILE,OR 97070 TIGARD,OR 97224 2S110CA80791 2S110D800500 MACKIE,STEPHEN C&CYNTHIS D MWF TIGARD LLC PO BOX 745 BY THE WETSEL CO MANZANITA,OR 97130 2123 NW ALOCLEK DR#1203 HILLSBORO,OR 97124 2S110CA80721 2S110DB90901 MARTIN,CARL W&LORRAINE M O'KEEFFE LIVING TRUST,THE 65444 E DESERT SIDE DR BY ARTHUR F JRNIRGINIA O'KEEFFE TR TUCSON,AZ 85739 15437 SW 114TH CT#90 TIGARD,OR 97224 2S110CA80801 2S110DB01300 MATTHEWS,GLEN C&PAMELA K PARR-FRANKLIN LLC 16200 SW PACIFIC HWY STE H#112 1300 SW 5TH#2815 TIGARD,OR 97224 PORTLAND,OR 97201 2S110CD00102 2S110D694931 MCCANN,C V PICKETT,GEORGE E& 1337 LAKEFRONT RD THELMA E CO-TRUSTEES LAKE OSWEGO,OR 97034 15437 SW 114TH CT TIGARD,OR 97224 2S110CA807f31 2S110DB90392 MCGLOTHLAN,J KIRK 8 PIERCY,GENE 8 DONNA MCGLOTHLAN,JUDITH L 15485 SW 114TH CT#39 9200 SW PARKVIEW LOOP TIGARD,OR 97224 BEAVERTON,OR 97008 2S110D690362 2S110CA80451 MCMULLEN LOVING TRUST PIO,BARBARA J TRUSTEE BY GERTRUDE M MCMULLEN TR 15100 SW CROWN DR#6 15485 SW 114TH CT#36 KING CITY,OR 97224 TIGARD,OR 97224 2S110D691052 2S110DCO2100 MCRIVETTE,WILLIAM R 8� PROMISED LAND DEVELOPMENT CO& MCRIVcTTE,KATHLEEN T STERLING DEVELOPMENT CORP 1271 SPRING CREEK DR 3262 HOLIDAY CT STE 104 RIPON,CA 95366 LA JOLIA,CA 92037 2S110D890442 2S110CA80851 MESSINGER LIVING TRUST RICKNER,RICHARD H&JUDI A BY ANN B MESSINGER TR 13500 SW PACIFIC HWY 15483 SW 114TH CT#44 PMB 136 TIGARD,OR 97224 TIGARD,OR 97223 2S110CA80831 2S110CA80681 MILLER, ERIC T 8�SUSAN M ROBERG,RICHARD F&SIGRID M 15270 SW CROWN DR#4 11520 SW MAJESTIC LN#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110CA80881 2S110CA80571 SARCOS,CARLOS B VERES,CARL V&PATRICIA G 15290 SW CROWN DR#2 11545 SW MAJESTIC LN#6 PORTLAND,OR 97224 KING CITY,OR 97224 2S110D690891 2S110CA80461 SCHMIDT,ARTHUR L WALKER,GORDON V 8 15437 SW 114TH CT#89 WALKER,SUSAN B TIGARD,OR 97224 13900 SW 115TH TIGARD,OR 97223 2S110CA80771 2S110D600704 SCHULER,PEARL J WASHINGTON FEDERAL SAVINGS 15255 SW 116TH AVE#1 ACCOUNTING DEPT BR 118 KING CITY,OR 97224 425 PIKE ST SEATTLE,WA 98101 2S110D890912 2S110CA80481 SCOTT REVOC LIV TRUST WEBER,MABEL L 15437 SW 114TH CT#91 15100 SW CROWN DR#3 TIGARD,OR 97224 KING CITY,OR 97224 2S110D890402 2S110DB90941 SHANNON,JACK C WEEDMAN,WENDY SUE 110 RIPPLEWATER LN 15437 SW 114TH CT#94 CARY,NC 27518 TIGARD,OR 97224 2S110CAf30621 2S110CA80841 SHEVCHENKO,EDITH U WIESE,YVONNE H 11545 SW MAJESTIC LN#1 15270 SW CROWN DR#2 KING CITY,OR 97224 KING CITY,OR 97224 2S110DB91012 2S110DB90922 SPYKER,ELINA TRUSTEE WILSON,PHYLLIS A SZALOBRYT,JANE C TRUSTEE 15437 SW 114TH CT#92 15435 SW 114TH CT#101 TIGARD,OR 97224 TIGARD,OR 97224 2S110CA80531 TAFF,JUDY M 11505 SW MAJESTIC LN#3 PORTLANG,OR 97224 2S110D801500 TIGARD COVENANT CHURCH 11321 SW NAEVE ST TIGARD,OR 97224 110DB0140 TI D ENANT CHURCH 113 NAEVE ST ARD,O 7224 Josh Thomas Susan Beilke 10395 SW Bonanza 11755 SW 114�h Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136�h Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Paul Owen Todd Harding and Blake Hering Jr. 10335 SW Highland Drive Norris Beggs & Simpson Tigard, OR 97224 121 SW Morrison, Suite 200 Portland, OR 97204 Tim Esau PO Box 230695 Tigard, OR 97281 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Joseph Dyar 10285 SW Highland Drive Tigard, OR 97224-4668 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES lov. I of Il fi:lcurolnlsetuollabelslClT South.docl UPDATED: 16-Dec-08 Sonic Drive-In �� - �C;EI`V�� Partition ✓ Eg 1 0 2010 Americds � D�ive•1 n_ TY OF TIG^RD � ',n'� �` ;�h -�n�R'�F'Minor Land Partition and Sign Code Adjustment Application � - , . - . . City of Tigard . , A • 1 � i 1 - - �.�. - ,;� � � � � ' • : •�.4�' � � � r°��. .. . � � . .... � . . :�,�rt�. . � ' .. . , ,x . ... .h. � � . . . '�... ' .. � . �.�:. y. ' � . "-o;:� . ' < ,:�' . . . '�s.. � z.. . .. AIh. . � . ,(�� . . . . .. • � / • / � �"��'-. . . . ' . �.. . .. . , . ,..t �fi� , .. L . � . : , � � � 1 �� • � � • .. � . �� ' � � Y- . � �� • �f�� . •/ • • I .,. . . _ � • � � � �� _ ,.. � - � .•.. � �l"�, ,.e �.._. _.. �. ...� � . .��. . . . .. �� " . � . i ». .. . n.... ��:, >. ..:,. ..�R' �_ � . . �. . .. . .kS.:, � .. � � �� tF ::yik _. . . �� ` . ��r7 - , � � L.r�L'J Project No. 1 51 Oa} MacKay&Sposito,Inc. Table of Conten._ 1. Application Form 2. Fee Schedule (MacKay 8 Sposito, Inc.) 3. Pre-Application Conference Notes (City of Tigard) 4. Compliance Narrative (MacKay & Sposito, Inc.) Includes summary of the proposal and an impact study 5. Sign Adjustment Narrative (MacKay & Sposito, Inc.) Includes sign diagrams 6. Vicinity Map (MacKay 8 Sposito, Inc.) 7. Reduced Plans— 8.5"x 11" Preliminary Partition Plat (MacKay & Sposito, Inc.) Existing Conditions Plan (MacKay & Sposito, Inc.) 8. CWS Leffer(Clean Water Services) From previous Sonic Drive-In planned development review(PDR2009-00001) 9. Property Deed Attaclied Separately: Full size lans Sonic Drive-In Partition Minor Land Partition Application �r--,�j .� � � I COI. I C� 1� PR&APP.F�LD BY CITY OF TIGARD PLANNING DIVISIO.�T,.� �__, � ; ;,_r ,_ : . �� LAND USE PERMIT APPLICATI01�1�� =� � C.i/y��%"I i,ourd A��rmi!Ci�nt�rr� 13125 SI�Nr�ll B/vd., 7egar�l, OIZ 9?223 FEB 1 � 2�� • ' f Pl�one: 503.G39.4171 Fax:503.598.19(0 cir��r�-r�� r OthecCase# � �i.� ,'��.��.!�_��. �:i: �:�: �.� .. �C7 File �t,tLp.�d��'�DUGCi� ILlI� c�lJ/L' 'CipC(� <l- Date � � �� By s �7� � Receipt# 1��D�7� �� Fee ��' �U Date Complete � TYI'E OF PERMIT YOU ARE APPLYING FOR �.ldjustment/�'ariance (I or II) � :�finor Land Partidon(II) ❑ Zone Change(III) ❑ Comprehensive Plan:�mendment(I�� ❑Plan�ed Development(III) ❑ Zone Change 1-lnnexauon(I�� ❑ Ccndirional Use (III) ❑tiensiuce Lands Review (I,II ur ii j ❑ Development Code tlmendment(I�J ❑ Historic Overlay(II or III) ❑tiite Development Review(In ❑ Home Occupation(II) ❑tiubdivision(II or III) L(x;A'1lON\C"I IEKk?PRC)POSF.D AC'I�Ni"IY\C'ILL(X:CUR(Address if a�-ailable) 15300 SW Pacific Hwy. '1'AX MAPS&'1'AX LO'1�NOS. Map 2S110DB, Tax lot 500 'fO'I�N.tiYCli S1X1( ZONiNG Ci,;ASti7FICA'llON 1.33 acres C-G (General Commercial) �ri�i.ic::w�i�^ MWF Tigard LLC / The Wetsel Company MAl1.ING ADDItISS/CI"IY/STAI'ki/Z[P 2123 NW Aloclek Dr. , Suite 1203 Hillsboro, OR 97124 i�i�c�Ni:Nu. r-nx Ho. (503) 617-0175 (503) 961-7256 PRIMARY CONTACT PERSON PI I<)NI[NO. MacKay & Sposito, Inc. Attn: Bob Sable (360) 695-3411 PRUPI�.IZ'fY OAC'NICR/DI�:I�:I)I IUI.DI'.R(Attach list�f mnrc than nnc) MWF Tigard LLC MAl1.ING ADI)RI?titi Ci'IY/S'I'ATF./ZIP 2123 NW Aloclek Dr. , Suite 1203 Hillsboro, OR 97124 i�i�oNr�:No. i�nx t�u. (503) 617-0175 (503) 961-7256 *When the owner and the a��licant are different renPle, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of rhis form or submit a written authorization with this a lication. PR(lPUtii1L SlTf�fiARY(Plcasc bc.pcdfic) The applicant proposes to partition the existing parcel into two lots for commercial uses. A new Sonic Drive-In will be constructed on proposed lot 1, while lot 2 is proposed to be develo ed with a Black Rock Coffee Bar at a future date. This ro osal is for a land division only and is being proposed to satisfy a condition of approval for the Sonic Drive-In project (PDR2009-00001 and Final Order No. 2009-04 PC) . An adjustment to the sign code is als being requested to allow two freestanding signs on proposed lot 1. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. i:\curpin\masters\land use applications\other land use applications.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ .1ll the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith,are true; and the applicants so acknowledge that any pernut issued,based on this application, map be revoked if it is found that any such statements are falsc. ♦ The applicant has read the enrire contents of the applicarion,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OV�'NER OF THE SUBJECT PROFER'TY ARE REQUIRED. _--- z/.�/�� ner's Signatute Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Si nat e Date zl�/�c] plicant/Agent/Representative's Signature Date Applicant/Agent/Reptesentative's Signature Date . .� CITY OF TIGARL RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Receipt Number: 176873 - 02/10/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2010-00001 Land Partition Fee-2 Lots 1003100-43116 $2,696.00 MLP2010-00001 Land Partition Fee-2 Lots-LRP 1003100-43117 $398.00 Total: $3,094.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2560 STREAT 02/10/2010 $3,094.00 Payor: T1NC Drive-In DBA 5onic Total Payments: $3,094.00 Balance Due: $0.00 Page 1 of 1 . .� CITY OF TIGARL RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 - 5D3.639.4171 Receipt Number: 176874 - 02/10/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2010-00004 50%Joint Application Fee 1003100-43116 $270.50 VAR2010-00004 50%Joint Application Fee-LRP 1 0031 00-431 1 7 $40.00 Total: 5310.50 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2560 STREAT 02/10/2010 $310.50 Payor: TWC Drive-In DBA Sonic Total Payments: $310.50 Balance Due: $0.00 Page 1 of 1 :,� ,;a s � LANI��JSE PROPOSAL DESCRIPTION � 120 DAYS = 7/24/2010 FiLE Nos.: MINOR LAND PARTITION (MLP) 2010-00001 :�DJL'ST�iF.NT (�'.�K) 2010-0000-� FILE TITLE: SONIC PARTITION APPLICANT & �i��'N'Tigard,LLC/ APPLICANT'S �1acI�a��&Sposito OWNER: The��'etsel Co. REP: .�ttn:Bob Sable �1ttn:Jess W'etsel 132�SE'I'ech Center Dr.,Suite 140 2123 NW r�loclek Dr., Suite 12l)3 Vancouver,��/�1 98683 Hillsboro,OR 97124 REQUEST: The applicant is requesting a I�7inor Land Partition to paruuon one (1) esisting 133-acre site into two (2) parcels for commercial development. The proposed lots are 38,343 and 19,512 square feet in size. � sign code adjustment is also requested to install a second freestanding sign. The second sign is proposed along the Roti�aln- Parkway frontage. Preliininar�� approval was pre�-iousl��granted to constnzct a Sonic Drive-in restaurant on proposed Lot 1 (I'DR3009-00001). No detailed plan has been approved for Lot 2. LOCATION: 1�300 S��'Pacific Highway-;�k'ashington County Tat Map 2S110DB,"I'as Lot�00. ZONE: GG (PD): General Commercial District.The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. r� wide range of uses,including but not limited to adult entertainment, automorive equipment repair and stora�e, inini-warehouses,utiliries, heliports,medical centers,major event entertainment,and�asoline starions,are permitted conditionally. (PD) The subject propertt-has a planned development overlay on a poruon of the site. The purposes of the planned development overlay zone are: 1) To provide a means for properri� development that is consistent with Tigard's Comprehensive Plan through the applicaUon of flesible standards which consider and mirigate for the potential unpacts to the CitS�; 2) To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, presenration of significant natural resources, aesthetic appeal, and other t��pes of assets that contribute to the larger communiri' in lieu of strict adherence to many of the rules of the Tigard Community Development Code; 3) To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative transportation faciliues) which will retain dleir character and city benefits, while respecting the characteristics of exisung neighborhoods through appropriate buffering and lot size transiuoning;4) To preserve to the greatest extent possible the e�:isting landscape features and amenities (trees,water resources, ravines, etc.) through the use of a planning procedure (site design and anal��sis, presentauon of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a parucular site; 5) To consider an amount of development on a site,within the limits of density requirements,which will balance the interests of the owner, developer, neighbors, and the Cin-; and 6) To provide a means to better relate the built environment to the natural environment through sustainable and innovaave building and public facility construcuon methods and materials. APPLICABLE REVIEW CRITERIA: Coirunuiut��Develupinent C�cle Chapters 18370, 18.390, 18.430, 18.520, 18.780, 18.795 ancl 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYI'E III ❑ TYPE N COMMENTS WERE SENT: APRIL 2,2010 COMMENTS ARE DUE: APRIL 16,2010 ❑HF.�RINGS OFFICER (MON.) D_�T'E OF HE��RING: 1'I1fE: 7:00 PM ❑PL.:�NNING COi��1ISSION (MON.) ll��TE OF HE:�RING: TII�iE: 7:00 PM ❑CI11'COliNCIL (TUES.) D�TE OF HE.�RING: TII�fE: 7:30 PM �ST:�FT DECISION (TENTATIVE) Dr1TE OF DECISION: APRIL 30,2010 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINI"I'Y��P � PRELII�IIN��RY PI�T ❑ SITE DIST�NCE CERTIF. � SITF P]��N � SF,RVICF PRC)VIDER LTR. � IMI'11CT STL'DY � N.�IZR<�'iNE ❑ TRF.F PI.��N � OTHER: i�1ISCELI..�NEOUS STAFF CONTACT: Cheryl Caines,Associate Planner (503.718.2437) Bob Sable From: Cheryl Caines[cherylc@tigard-or.gov] Sent: Monday, February 08, 2010 3:07 PM To: Bob Sable Subject: RE: Sonic Drive-In Partition Questions These are the correct fees. Cheryl From: Bob Sable [mailto:BSable@mackaysposito.com] Sent: Monday, February 08, 2010 2:34 PM To: Cheryl Caines Subject: RE: Sonic Drive-In Partition Questions Thanks Cheryl. Can you please canfirm if the only fees that will be due at the time of submittal will be the 2-lot partition fee of$3,Q94 and the sign code adjustment fee of$310.50 (half of normal#ee},for a total of$3,404.50? Those look to me to be the only applicable fees for this application. Thank you. Bob From: Cheryl Caines [mailto:cherylc@tigard-or.gov] Sent: Monday, February 08, Z010 9:59 AM To: Bob Sable Subject: RE: Sonic Drive-In Partition Questions Hi Bob, I was out of the office last week. Below are my responses in blue. Cheryl From: Bob Sable [mailto:BSable@mackaysposito.com] Sent: Thursday, February 04, 2010 11:07 AM To: Cheryl Caines Subject: Sonic Drive-In Partition Questions Hi Cheryl. I have some questions for you regarding the Sonic partition application. I have not personally worked in Tigard before, so please forgive me if some of these questions are rudimentary. 1. Do I order the 2 sets of mailing labels now and submit them with the partition application,or am I supposed to wait on ordering and submitting those until you've conducted your completeness review? I will notify you when to submit additional copies of the application and maifing envelopes. 2. Is CWS the only service provider letter we need? Also, I'm assuming such a letter was obtained during the planned development review; if so, can I assume it's okay to just include a copy of that letter with the partition application? Yes, CWS is the only letter in this case. 1 3. The submittal requirements ,:klist you gave us at the pre-app include. auirements for a written summary of the proposal and an impact study. Can those two items be part of the project narrative,or do they need to be separate? The impact study and proposal summary can be part of the narrative. 4. Also on the submittal checklist, it says we need both a preliminary partition plan and a preliminary subdivision plan. What is the difference between those two items, and can they be done on a single plan? A preliminary partition plan is all that is needed in this case. That's it for now. Our goal is to submit next week. I'll let you know when we're ready to submit. Thanks. Bob Sable Senior Planner LEED Accredited Professional MacKay and Sposito, Inc. 1325 SE Tech Center Drive,Suite 140 Vancouver,WA 98683 Ph:{360)695-3411 Fax:(360)695-0833 www.mackavsaosito.com DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws_ If requested, e-mail may be disclosed to another pa�ty un(ess exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City af Tigard in campliance with the �regon Administrative Ftules"City General Recards Retention Schedule.° 2 � MacKay& Spc Inc. � 1325 SE Tech� .er Drive Su�te ,4° T ra n s m i tta I L ette r p Vancouver, WA 98683 Phone: 3Fi0-6�5-3411 � f�:• �� MacKay&Sposito, Inc. � � � � � -�-� February 10, 2010 � � Cheryl Caines ^�' City of Tigard I.L. 13125 SW Hall Blvd. Tigard, OR 97223 �..L . � RE: Minor Partition and Sign Code Adjustment Application for the Sonic Drive-In Partition Project s � Cheryl, L Q� Please find attached 3 copies of the application packet for the Sonic Drive-In partition and sign code '� adjustment requests. � Respectfully, � �"J MacKay&Sposito, Inc. � ,L�/� A��'� � Bob Sable . ._. Senior Planner �^ 3 copies of application packet (including full size plans) Submittal fees � � — -F� C� � � � � � � � � Vancouver, WA Kennewick, WA Wilsonville, OR Bend, OR � Pr�nledonRecycledPaper CI1"Y OF TIGARD Date: � .-% ad�� LAND USE APPLIC.ATIOIVS BASIC SUBMITTAL REQL�IREMEN?S Prc�jrct: _ .Soh�c l��e -�n �a��'fi�o.� APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. AI.L ITEMS MUST BE SUBMITTED AT ONE TIME. ➢ Include this fonn with submitta) packet. The a�plicant mu:t check the hux ne�2 co the item verif��in� that the information is present. Staff a�ill check e�ff the items at intake. ➢ Three copies of all materials are i�eyuired for the initial re��iew process. The balance of the copies will be r-equested once your submirtal is deemed complet�e. ➢ Each paclzet must be collated. ➢ Plans are rec�uimd to be a minimum of 24" x 36". r Plans must be FOI.DED, rolled plans are not accepted. I,cant � Staff � Documents, Copies and Fees Reyuired � Completed Master°Land Use Permit" Application with properry oan�er's signature oi-name of a ent and leaer of authonzation Title transfer instrument or rant deed Written surruna �o{ rb osal Narrative demonstr-ating compliance �vith all applicable development standards aiid approval i � _ criteria (as specified in the Pre- Application Conferencc note�_ Documentary evidence of Neighborhood h9eeting: Neighborhood Meeting Affidavits of Postin &Mailin Notice, Minutes, Si�n-in Sheecs � Service Provider Lette,- � Im act Scudy er Section 18.39Q.04C.B.? e X Co �ot the Pre-A lication Conference notes Filin Fee (see fee schedule , Prelimina �Sioht Distance Certification Prelimina Storm Calculations Arborist Re ort Traffic Re ort if Re uued I Ma s or Plans Plans must be at least 24" x 36") � Arclvtectural Drawin�s �elevations &flooi-plans� � �C Existin Conditions Map Landsca e Plan Prelimula �Gradu� /Erosion C.�ntrol Plan _ __ PceluluiiarvPanition/Lot Line Adjustment Plan Preluiiu�a Storm Draina�e Plan Prelinuna Utilities Ylan Public Im rovements/Streets Plan Site Develo ment Plan JV� �rC� � ; Subdivision Prelu�unary Plat Ma� To o ra h Ma Tree Preservation/Mitigation Plan Viciniry I�1a ! — —- --- � ➢ Once yourapplication has been deemed complete you will be notified bv the Planning Division in the form of a completeness letter indicacing that you will need to pi-ovide the following: Two (2) sets of scamped, addressed � 10 envelopes for all o�Tners of properry�nthu� �00 feec of the subjec�properry jthe 2 sets muct remain separated for the ptirpose of 2 mailings). Mailing envelopes shall be standard legal-size (� 10), addressed with 1" X 4" ]abel� (please see envelope subcnittal mquirements). Propeity o«T�er n�ailulg luts mwt be prepared by the Ciry for a muiunal fee (please see request for Sv0' propert�� owner mailing list form). I\CCJRPLN�Mascen\Submiaal Requuemenu Check L.is��oc (Updaced ?0 1�-ia}'Gfi! City of Tigard, Oregon 13125 SW Hall Blvd. • Tzgdf, . JR 97223 �� . . ;. March 3, 2010 � � �, ��...� ,��J ��:. Bob Sable MacKay& Sposito, Inc. 1325 SE Tech Center Dx., Suite 140 Vancouver,WA 98683 RE: Completeness Sonic Land Partition, Case File No. MLP2410-00001 Dear Mr. Sable: The Cit�� has received your applicarion for a minor land partition (MLP2010-00001) to divide a 1.33 acre site into two parcels. The development site is located at 15300 SW Pacific Highway. Staff has completed a preliminary review of the submittal matexials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Visual Clearance Areas. The narrative refers to the Traffic Impact Analysis for visual clearance. The analysis delineates the sight distance for the site, which is different from the visual clearance requirements. Please speak to visual clearance requirements of 18.795 in relation to the proposed sign and show the vision clearance area on the plan. 2. Public Facilit� Items. Please provide the informauon required by our development review engineer, as shown on the attached sheet. Contact Gus Duenas at (503) 718-2470 with quesrions on these requirements. Shoulci yvu have aiiy c�uesti�ns with regard to these items, please contact me at 503-639- 2437. Sincerely, �� Cheryl Caines Associate Planner c: MLP2010-00001 Land Use File Jess Wetsel, MWF Tigaxd LLC/The Wetsel Co. Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 ' F . � PUBLlC FACILlTY PLAN Project: MLP2010-00001 Sonic COMPLETENESS CHECKL��f Date: Februanr 24, 2010 GRADING ❑ Existin and ro osed contours shown. N/A ❑ Are there grading impacts on ad�acent parcels? N A ❑ Ad�acent arcel rades shown. N/A ❑ Geotech stud submitted? N/A STREETISSUES ❑ Ri ht-of-wa clearl shown. ❑ Centerline of street s clearl shown. ❑ Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. ❑ Street rofiles shown. � Future Street Plan: Must show street profiles, topo N/A on ad�acent arcel s , etc. ❑ Traffic Im act and/or Access Re ort ❑ Street rades com liant? ❑ StreeUROW widths dimensioned and a ro riate? ❑ Private Streets? Less than 6 lots and width appropriate? � Other: The joint access easemenf(between Les Schwab and Sonic) from Highway 99W and the b/anket reciprocal access easement for access to Lot 2 through Lot 1 must both be recorded and referenced on the plat by docume»t numbers. Easement documents shou/d describe crossover rights for parking and access and clearly delineate responsibilities for maintenance of parking and driveway areas. In addition, the easement document must cover the facf that part of the lot will be occupied by the Sonic building. If this is an issue, the easement should be more precisely defined to exclude the building areas, and any potential areas for expansion of the building. Structures are t ical/ not aHowed within easements. SANITARY SEWER ISSUES ❑ Existin / ro osed lines shown. ❑ Stubs to ad�acent arcels re uired/shown? N/A WATER ISSUES ❑ Existin / ro osed lines w/ sizes noted? ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? REVISED: 02/24/10 _ J - _ , - � � STORM DRAINAGE AND W :R QUALITY ISSUES ❑ Existin / ro osed lines shown? ❑ Preliminary sizing calcs for water quality/detention rovided? � Water quality/detention facility shown on plans? 1. An agreement for operations and maintenance of the water quality and detention facilities is required, must be recorded, and should be referenced by document number on the plat. 2. An operations and maintenance agreement(on City-furnished forms) wifh fhe City for the water quality and detention facilities is a/so required and will be recorded. The Cify wil/periodically check the facilities to ensure compliance with the agreement terms. 3. The narrative shall include ifems 1 and 2 above. Revise narrative to incorporate the re uirement for these two a reements. ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad'acent arcels re uired/shown? The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE By: Q � Date: February 24, 2010 REVISED� 02/24/10 � �' City o f Tigard - MEMORANDUM � � � TO: Todd Prager Gus Duenas FROM: Cheryl Caines,Associate Planner RE: MI.P2010-00001 DATE: February 17, 2010 Attached please find revised documents and plans for the Sonic parurion submittal. Please review for 1 st round completeness and return to me by March 5th. Thank you. -� `- ✓� M �0�"ly�P^�S � �� '�/ l� ,..� ��I 1 �.Sc.� y � . �� J � � v �dc / �______ ____.� ' *. ^r � MacKay&S� �, Inc. � 1325 SE Tech ,�ter Drive Suite 140 T ra n s m i tta I L ette r O Vancouver, WA 98683 ' Phone: 360-695-3411 Fax: ;�, -� MacKay&Sposito, Inc. � � � � . - � -�� March 15, 2010 ,"� �� — � ,�'�`.R 1 5 2 010 � Cheryl Caines ^�, City of Tigard ' ` `' `" `�F=TI(iAFsD L.G. 13125 SW Hdll Blvd. � �' , r.��.�,�� -r��.r. Tigard, OR 97223 � . � RE: Sonic Drive-In Partition (MLP2010-00001) Completeness Items � � Cheryl, L � Please find attached revised application items for the Sonic Drive-In Partition,which are being � submitted to address the City's completeness requirements. Also included is memo discussing how � each item has been addressed. Please let me know if you have any questions. � Respectfully, .� MacKay&Sposito, Inc. • ��i1L � � Bob Sable . .� — Senior Planner � � 3 copies of revised narrative 3 full size copies of revised plans � 3 11"x17" copies of revised plans �� Response memo � V �J � � V J � O � � � I..� Vancouver, WA Kennewick, WA Wilsonville, OR Bend, OR � PrintedonRecycledPaper , ,�• . � 0 � Memorandum • MacKay&Sposito, Inc. TO: Cheryl Caines &Gus Duenas, City of Tigard FROM: Bob Sable, MacKay& Sposito, Inc. RE: Response to Completeness Items for Sonic Drive-In Partition (MLP2010-00001) DATE: March 15, 2010 This memorandum has been prepared to demonstrate how we have addressed each completeness item for the Sonic Drive-In Partition mentioned in the City's March 3, 2010 letter. 1. Visual Clearance Areas. The narrative refers to the Traffic Impact Analysis for visual clearance. The analysis delineates the sight distance for the site, which is different from the visual clearance requirements. Please speak to visual clearance requirements of 18.795 in relation to the proposed sign and show the vision clearance area on the plan. Response: The vision clearance iriangles have been included on the revised Preliminary Partition Plat and the narrative has been revised to address chapter 18.795 and the proposed po/e-mounfed sign in relation to the vision clearance areas. 2. Public Facility Items. Please provide the information required by our development review engineer, as shown on the attached sheet. Contact Gus Duenas at (503) 718-2470 with questions on these requirements. Engineering comments are as follows: The joint access easement(between Les Schwab and Sonic)from Highway 99W and the blanket reciprocal access easement for access to Lot 2 through Lot 1 must both be recorded and referenced on the plat by document numbers. Easement documents should describe crossover rights for parking and access and clearly delineate responsibilities for maintenance of parking and driveway areas. In addition,the easement document must cover the fact that part of the lot will be occupied by the Sonic building. If this is an issue, the easement should be more precisely defined to exclude the building areas, and any potential areas for expansion of the building. Structures are typically not allowed within easements. Response: The joint access easemenf between Sonic and Les Schwab has been recorded and is shown on the revised plans(if is also referenced by document number). Regarding access through Lot 1 for Lot 2, the applicant has decided to define the area of fhe joint access easement rather than provide a blanket easement over Lof 1. The access easement area is now shown in a separate exhibit on the Preliminary Partition P/at. The easement will be recorded via the fina/plat, as discussed with Gus Duenas. As noted on the Preliminary Partition Plat, a maintenance agreement for the parking and circulation areas will be developed and recorded prior to final plaf approval; that agreement will 6e referenced on the final plat. 1. An agreement for operations and maintenance of the water quality and detention facilities is required, must be recorded, and should be referenced by document number on the plat. Response: A note is included on the Preliminary Partition Plat siating thaf a stormwafer facility maintenance agreement will be recorded prior to final plat approval. The agreement will be referenced on the final plat. 1 . ..�- r �� . 0 � Memorandum . MacKay&Sposito, Inc. 2. An operations and maintenance agreement (on City-furnished forms) with the City for the water quality and detention facilities is also required and will be recorded. The City will periodically check the facilities to ensure compliance with the agreement terms. Response: A note is included on the Preliminary Partition Plat stating that an agreement will be recorded with the City allowing the City to inspect the stormwater facility for compliance. This agreement will be recorded prior to final plat approval and reference on the final plat. 3. The narrative shall include items 1 and 2 above. Revise narrative to incorporate the requirement for these two agreements. Response: The narrative has been revised to demonstrate that the two agreemenfs required above will be provided. 2 City of Tzgc�rd, (�regon 13125 SLY�HdII Blvd. � Tigard, OR 97223 �� MaYCh 18, 2010 s � �`� Bob Sable �` ' � MacKay& Sposito, Inc. � - �.-_.�-.._,__- .:`.�° 1325 SE Tech Center Dr., Suite 140 Vancouver,WA 98683 RE: Completeness Sonic Land Partirion, Case File No. MLP2010-00001 Dear Mr. Sable: The Ciry has received your applicarion for a minor land partition (MLP2010-00001) to divide a 1.33 acre site into t-wo parcels. The development site is located at 15300 SW Pacific Highway. Staff has completed a prelunviary review of tlie submittal materials and has deternuned that the followuig additional infarmatian is necessary before the application can be deemed complete: 1. Submit 8 copies of complete application packets. This includes full-size plans, narrauve, and all application materials that have been submitted to the City. Please only include the revised version of all items. These packets must be collated and plans must be folded. 2. Submit 8 additional copies of plan sets. These may be reduced copies (11" x 17") provided they are legible. One set must be 8.5" x 11". 3. 1 compact disc with all materials in a searchable format (PDF for example). 4. Submit two sets of pre-starnped, pre-addressed envelopes. Properry owner list must be produced by Patty Lunsford in thc Planning Department, 503-639-4171, ext. 2438. I have included the label request form for your convenience. Should you have any questions with regard to these items, please contact me at 503-639- 2437. Sincerely, �"_-� C�A�..�.s.,.> Cheryl Caines Associate Planner c: MI.P2010-00001 Land Use File Jess Wetsel, MWF Tigard LLC/The Wetsel Co. Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 PUBLIC FACILITY PLAN Project: MLP2010-00001 Sonic COMPLETENESS CHECKLIST Date: March 17, 2010 GRADING ❑ Existin and ro osed contours shown. N/A ❑ Are there grading impacts on adjacent parcels? N A ❑ Ad�acent arcel rades shown. N/A ❑ Geotech stud submitted? N/A STREETISSUES ❑ Ri ht-of-wa clearl shown. ❑ Centerline of street s clearl shown. ❑ Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. ❑ Street rofiles shown. � Future Street Plan: Must show street profiles, topo N/A on ad�acent arcel s , etc. ❑ Traffic Impact and/or Access Report ❑ Street rades com liant? ❑ Street/ROW widths dimensioned and a ro riate? ❑ Private Streets? Less than 6 lots and width a ro riate? ❑ Other: /ssues with joint access easement are resolved with fhe revised narrative dated March 15, 2010. SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. -- _ __ ❑ Stubs to adjacent parcels required/shown? N/A WATER ISSUES ❑ Existin / roposed lines w/ sizes noted? ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? ❑ Preliminary sizing calcs for water quality/detention rovided? � Water quality/detention facility shown on plans? Maintenance agreements between the two parcels and between the owners and the City for future maintenance of the water quality and detention facilities are addressed through recordation and notations on the final lat. ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad�acent arcels re uired/shown? REVISED: 03/17l10 / The submittal is hereby deemed � COMPLETE ❑ INCOMPLETE By: la � P� ��Y Date: March 17, 2010 REVISED: 03/17/10 1 MacKay& Sp . Inc. � 1325 SE Tech.._,iter Drive Su�te ,4° T ra n s m i tta I L ette r O Vancouver, WA 98683 � Ph�nc�� r,n-r;<�5-3a11 �,�. MacKay&Sposito, Inc. � � � � � -�--� March 26, 2010 � -, `��N� _ � � .,.� +.�� V 1.: � Cheryl Caines,Associate Planner � � AR 2 6 2010 � City of Tigard 13125 SW Hall Blvd. ' ' �°Y (?�=T�GARD -�, .�- Tigard, OR 97223 r �.L . � RE: Completeness Copies for Sonic Drive-In Partition (MLP2010-00001) � � Cheryl, L Q,� Please find attached the additional application and plan copies,along with 2 sets of envelopes,that � you requested in your March 18 letter. � Respectfully, � '� MacKay&Sposito,Inc. �/� F>4�� /` Bob Sable .~ Senior Planner 8 copies of application packet (includes full size plans) ��-t 8 additional copies of plans(reduced to 11"x17") ` v 1 8.5"x11"copy of plans � 1 CD containing the application items in PDF format �� 2 sets of pre-addressed, pre-stamped envelopes � 500' radius list � � � � � t� � � � Vancouver, WA Kennewick, WA Wilsonville, OR Bend, OR � pr'�tedonRecyctedPaper City Of Tigdrd, �regon > 13125 SW Hall Blvd. • Tig�,�c, OR 97223 �� s � ..F }a ., � �„ ;; � `°`'��.�� ; March 29, 2010 ' ' ' Bob Sable MacKay & Sposito, Inc. 1325 SE Tech Center Dr., Suite 140 Vancouver,WA 98683 RE: Completeness Sonic Land Partition, Case File Na MLP2010-00001 Dear Mr. Sable: The City of Tigard received your original application submittal for a Minor Land Partition on February 10, 2010. The development site is located at 15300 SW Pacific Highway. Staff has completed a preliminary review of the submittal materials and has determined that your application was complete as of March 26, 2010 for the purpose of beginning the 120-day review period fox a final decision. The formal comment and review process typically takes 4 to 6 weeks. Tt should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that addirional items may arise during the applicarion review which may require further clarification. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, (�',l'�.a,�-- C''a`",,,�-,� Cheryl Caines Associate Planner c: MLP2010-00001 Land Use File Jess Wetsel, MWF Tigard LLC/The�'etsel Co. Phone: 503.639.4171 • Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 aQ�� - ��o��► LAND USE APPLIC�TIOM Project,_��^�,� ��;�,� ML��- Date: �-�-�,� COMPLETENESS REVIEVII � COMPLETE 3 ' �INCOMPLETE c o �/e-�c. 3 -a�-�o STANDARD INFORMATION: [x( DeedlTltle/Proof of Ownership , , � Impact Study (18.390) � USA Service Provider Letter i [+%]�Envelopes with Postage (Verify Count) [,-�-�/ S #Sets Of Application Maferfals/Plans-"Paper Copies" � Pre-Application Conference Nofes �7 / #Sets Of Application MaferialslPlans—"CD's" PROJECT STATISTICS: �� %of Landscaping On Sife o 0 Lot Square Footage � /o ot Building Impervious Surface On Site PLANS DIMENSIONED: L��{�77fTT�"' nc u � � Buildinn�e+�f ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS Vicinity Map [�---�,�� [� Existing Conditions Plan ❑ Landscape Plan ❑ Tree Inventory [� c� I�d�r+�+�a� Vla-�" TREE PLAN 1 MITIGATION PLAN: � �i�n;-•,� �Dl� ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ � ❑ � RESPONSE TO APPLICABLE CODE SECTIONS• ❑ 18.330(Condi�ional Use) ❑ 18.630(Washingion Square Regional Center) ❑ 18,775(Sensiiive Lands Review) ❑ 18.340(Direcior's Interpretation) XQ 18.705(AccesslEgress/Circu�alion) � 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) ❑ 18.715(Density Computations) ❑ 18.790_(Tre�_Removal� --� ❑ 18.370(Variances/Adjustmenis) ❑ �$.720(Design Compatlbility Standards) � 18.795(Visual Clearance Areas) � ❑ �H.38O(Zoning Map/Texl Amendmenls) ❑ 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) � 18 39�(Decision Making Proceduresllmpact Study) ❑ 18.730(Exceptions To Developmenl Slandards) ❑ �H.H1 O(Street 8 Utllity Improvement Sfandards) ❑ 18.410(Lol Line Adjustments) ❑ 18.740(Histonc Overlay) (�] 18.420(Land Partitions). ❑ 18.742(Home Occupation Permits) ❑ 18 430(Subdivisions) � 18.745(Landscaping&Screening Standards) ❑ 18.510(Residenlial Zoning Disiricts) ❑ 18.750(Manufactured/Mobil Home Regulations) Q 18.520(Commercial Zoning Districts) ❑ 18.�55(Mixed Solid Waste/Recycling Storage) ❑ 18 530(Industnal Zoning Districls) ❑ 18.760(Nonconforming Situations) ❑ 18,620(Tigard Tnangle Design Standards) � 1$,765(Off-Street ParkinglLoading Requiremenfs) ADDITIONAL ITEMS: c8 . ��s v c �S d;4k�e�,�- (v�� ;�k+ a�sf�-1� _ I:\curpinlmasiers\forms-revised\land use application completeness review dot REVISED: 6-Jun-07 I �� e � Fee Schedule Land Partition Residential and Non-Residential (2 Lots) $3,094.00 Variance/Adjustment Sign Code Adjustment (half of normal fee) $310.50 TOTAL �3,404.50 Sonic Drive-In Partition �„'�� Minor Land Partition Application �� L':�CJ ♦ o �►� � a � . � � REVISED Comp�. .ice Narrative 8� Impact Stuc._ _ Summarv of ProAOSaI The applicant, MWF Tigard LLC/The Wetsel Company, seeks to partition the 1.33 acre parcel located at 15300 SW Pacific Highway into two lots for commercial uses. The site is tax lot 500 of map 25110DB. The applicant intends to construct a new Sonic Drive-In restaurant on proposed lot 1, while lot 2 is proposed to be developed at a later date with a speculative commercial building with drive-through capability. This proposal is solely for a land division; the partition is being proposed to satisfy a condition of approval for the Sonic Drive-In project, which has already been reviewed and approved by the City of Tigard under case number PDR 2009-00001 and Final Order No. 2009-04 PC. In conjunction with this land partition, the following agreements and easements will be recorded: � An easement for ingress, egress, and circulation over the access drives located on lot 1 for the benefit of lot 2 will be recorded via the final plat. � A maintenance agreement for the circulation and pazking areas will be recorded prior to final plat approval. • A stormwater agreement delineating operation and maintenance responsibilities for the shared stormwater facility. An agreement with the City of Tigard will also be provided, giving the City rights to periodically check the facility to ensure compliance with the terms of the agreement. These agreements will be recorded prior to final plat approval. At this time, the applicant does not intend to develop a shared parking agreement between the two lots. Each lot will contain at least the minimum number of stalls required by the Tigazd Municipal Code based on the proposed use. If shared parking turns out to be necessary based on the future development proposal on Lot 2, the owner of Lot 1 may choose to allow joint use of some parking stalls on Lot 1. In that event, a shared parking agreement will be developed and recorded. It should be noted that PDR2009-00001 included a firm layout for the Sonic Drive-In (Lot 1) but simply a conceptual layout for Lot 2. Future development of Lot 2 will require site development review, where that project's impacts will be assessed based on the updated layout information. Existinq Conditions The property is zoned GG (General Commercial) and currently contains an abandoned building and associated abandoned greenhouses, all of which will be removed to accommodate future development. The site has frontage on both SW Pacific Highway (at the west) and SW Royalty Parkway (at the east). Currently there are two driveways to Pacific Highway and none to Royalty Parkway. Les Schwab Tire Center is located to the south, and a used car dealer is located to the north (Dezfulli Auto Sales). - � „`�^. '� � ��,,A� , � +.��'< Sonic Drive-In Partition ` `�' ' Min�r Land Partition Application Page 1 �% (;l1�Y Q�TIGAF . `�� ` � '�f:`'!t�':l�(`!GI'v�� . � A reciprocal easement and access agreement has been recorded between the applicant and Les Schwab (2010-014662). The bounds of the easement are shown on the attached plans for reference. Impact Studv The proposed partition will not have any impact on traffic, services, or utilities, but the approved future development (PDR 2009-00001 and Final Order No. 2009-04 PC) will have an impact on local traffic and on City services and utilities. These impacts, as detailed below, will be mitigated through the conversion of a derelict property into new buildings with all associated amenities. These include new concrete ADA accessible sidewalks, new paved vehicular and bicycle ways, new landscaping, improved stormwater management, upgraded connection to water and sewer, and improved lighting for this area. The proposal will also create many new jobs. All of this is consistent with Tigard's goals for improvement. Wafer.� An existing water meter will be relocated to the back side of the new sidewalk and utilized for service to the new Sonic Drive-In on proposed Lot 1. When the second building is developed on proposed Lot 2, a new service will be tapped from the main in SW Pacific Highway and a new meter set. The overall demand from both projects is anticipated to be less than the demand from the plant nursery previously located on the property and whose buildings are being demolished as a part of this proposal. Sewer.� Sanitary sewer service will be extended to and through Lot 1 from SW Roya1Ty Parkway to Lot 2. An associated sanitary sewer easement will be provided for Lot 2. The impact of this proposal on the existing system will be minimal as the Sonic Drive-In will only have one fixture for each sex in the restrooms. A grease interceptor will be provided in the system to filter sewage from the kitchen as required by codes. Fixtures in the proposed building on Lot 2 are anticipated to be similaz to the Sonic Drive-In requirements and will add very little impact to the system when they come on line. Storm Drainaqe: Surface runoff from the site will be collected and treated according to the stormwater design guidelines in Clean Water Services Design and Construction Standards for Sanitary Sewer and Surface Water Management, R&O 07-20, and the draft copy of the Low Impact Development Approaches Handbook. Treated stormwater runoff will be released to the ODOT system located in SW Pacific Highway, so detention will be designed to ODOT design guidelines and will, therefore, have minimal impact on the ODOT system and no impact on city resources. A stormwater agreement delineating operation and maintenance responsibilities for the shared stormwater facility will be developed and recorded prior to final plat approval. An agreement with the City of Tigard will also be provided, giving the City rights to periodically check the facility to ensure compliance with the terms of the agreement. Sonic Drive-In Partition Page 2 �% Minor Land Partition Application ry� _— L`:��1 Other Utilities: There are no existing overhead utilities along the east side of SW Pacific Highway (property frontage); overhead utilities are located along the west right-of-way. There are also no overhead utilities located along the SW Royalty Parkway frontage. It is proposed that utilities will be provided to the site as underground but may require some surface mounted features such as electrical transformer, connection boxes, or meters. Since there are no existing utilities to convert from overhead to underground along the property frontages, we are not proposing fee-in-lieu of undergrounding nor conversion. Any visual impact of on-site utilities (such as the transformer) will be mitigated with additional landscape screening or with building elements (for meters and electrical service panels). Transportation: Based on the results of the transportation impact analysis that was reviewed as part of the Planned Development Review, the proposed Sonic development can be developed while maintaining acceptable operations on the surrounding transportation system. Transportation Impact Analysis Findings • All study intersections currently operate acceptably according to City of Tigard ODOT mobility standards and are forecast to continue to do so under all background and total tr�c scenarios analyzed. • T'he proposed development is estimated to generate approximately 1,180 net new daily trips, 115 weekday a.m. (60 in, 55 out), and 80 weekday p.m. (45 in, 35 out) peak hour trips. • All 95th percentile queues can be accommodated at the study intersections with the proposed development built out. • The proposed shazed right - in/right - out driveway on Highway 99W (SW Pacific Highway) will not degrade the operations of the Highway 99W/SW Royalty Parkway intersection compared to the other access scenarios. Recommendations • In conjunction with site development, vacate the two existing driveways to the subject property and provide a shared right - in/right - out access at the existing Les Schwab driveway access location on Highway 99W. • Existing shrubs and landscaping at the site - access driveways should be trimmed as needed to maintain adequate sight distance in the long term. Any new landscaping and/or aboveground utilities installed along the site frontage and internal roadways should be properly located and maintained to ensure adequate sight distance is available. Fire Services: The City is served by Tualatin Valley Fire & Rescue which has 23 fire stations, three of which are in or near Tigard. Fire hydrants exist neaz the proposal site and are adequate to serve the new proposal. With a service area of 210 square miles covering 440,000 citizens and a six-minute response time, the TVF&R will not be adversely impacted by this proposal. Sonic Drive-In Partition Page 3 L!I Minor Land Partition Application �,� L!:�4`.0 Police: The Tigard Police Department is a progressive and professional Police organization. It employs 88.5 personnel (70 sworn and 18.5 non-sworn) with an operating budget of$9.2 million dollars. The department received accreditation through the State of Oregon in April 2003. The Tigard Police Department is committed to a community policing philosophy and works very closely with the public providing a wide range of programs and information. There are three divisions within the Police Department, including Operations, Support Services and Administration. • Operations is the uniform and tr�c branch • Administration includes the public information and crime prevention functions. • Support Services consists of records, detectives, property control, street crimes unit, school officers, youth services and training. Regional development has resulted in significant growth in daytime populations within the City of Tigard. Consider the present Tigard population of 46,000. Add to that the average daytime population at the popular Washington Square shopping mall of over 50,000. T'his now creates a service daytime population for the police department of approximately 96,000. This proposal will draw primarily from this population for both employees and for customers and will not have a significant impact on police services. Parks: With more than 300 acres of parks, greenways and natural areas, the City of Tigard provides a variety of options for recreation,while protecting the area's natural beauty and providing valuable wildlife habitat. Park acreage in Tigard: 181.25 Developed (parks) and 202.4 Undeveloped (greenways, wetlands, etc.)(383.65 acres total= 8.29 acres per thousand) This proposal will provide landscaped areas to enhance the experience of those who come to dine. Since there is no residential component to this proposal, the population currently served by the City's park system will not be significantly impacted. Noise: This proposed development is for a commercial infill surrounded by other commercial development. The site is bounded on the east and west by multi-lane roads supporting traffic at speeds posted up to 40 miles per hour. There will be construction noise during the construction periods for both buildings, but the permanent noise levels will still be from existing traffic on SW Pacific Highway on the west side of the development. Tiqard Municipal Code Compliance Sonic Drive-In Partition Page 4 'G.�,C�t Minor Land Partition Application �� _ --- Following is a discussion of how the proposed project complies with the applicable provisions of the Tigard Municipal Code (TMC). Many of the code sections were addressed in the narrative for the Sonic Drive-In planned development review (PDR2009-00001); some of those sections from the previous narrative have been inserted into this partition narrative. It should be noted that PDR2009-00001 included a firm layout for the Sonic Drive-In (Lot 1) but simply a conceptual layout for Lot 2. Future development of Lot 2 will require site development review, where that project's impacts will be assessed based on the updated layout information. Chapter 18.390 Decision-Makinq Procedures 18.390.040 Type II Procedure A. Prea�plication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in Section 18.390.080.C. Response: A preapplication conference for the partition was held on January 26, 2010. B. Anplication requirements. 1. Application forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080.E.1; Response: The appropriate application form has been submitted. 2. Submittal information. The application shall: a. Include the information requested on the application form; Response: All information requested has been provided. b. Address the relevant criteria in sufficient detail for review and action; Response: The criteria are discussed in this narrative in sufficient detail for review and action. c. Be accompanied by the required fee; Response: The required submittal fee is included. d. Include two sets of pre-stamped and pre-addressed envelopes for a11 property owners of record as specified in Section 18.390.040.C. The records of the Washington County Department of Assessment and Ta�cation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; Response: Pre-stamped, pre-addressed envelopes are included with this submittal. e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet Sonic Drive-In Partition Page 5 �% Minor Land Partition Application ♦F� City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Response: An Impact Study delineating the effects of this development on public facilities and services is provided at the beginning of this narrative. This partition proposal is for a land division only and will therefore have no impacts on public facilities or services, but future site development will. A Traffic Impact Study was submitted and reviewed as part of the Planned Development Review process. The specific impact of future development on drainage was provided in the Stormwater Report that was part of the Planned Development Review process. The impacts to other infrastructure was provided on the civil plans through the Planned Development Review process. Chapter 18.420 Land Partitions 18.420.040 Application Submission Requirements A. General submission reauirements. All applications shall be made on forms provided by the Director and shall include information required for a Type II application, as governed by Chapter 18.390. Response: The appropriate application form has been submitted. B. Specific submission requirements. All applications shall include the preliminary lot line map and necessary infortnation in graphic and/or written form. The Director shall provide the applicant with detailed information about these submission requirements. Response: This submittal includes a Preliminary Partition Plat map and all other necessary information in graphic and/or written form. 18.420.050 Approva! Criteria A. Approval criteria. A request to partition land shall meet all of the following criteria: 1. The proposed partition complies with all statutory and ordinance requirements and regulations; Response: As discussed throughout this narrative, the proposed Sonic Drive- In partition complies with all such applicable requirements and regulations. 2. There are adequate public facilities available to serve the proposal; Response: As discussed in the Impact Study above, adequate public facilities are available to the site, including water, sewer, storm drainage, and utilities. The transportation facilities will adequately serve the site with the implementation of the recommendations listed in the transportation impact Sonic Drive-In Partition � Minor Land Partition Application Page 6 �� ---- �::�L°J analysis: 1) Vacate the two existing driveways to the subject property and provide a shared right-in/right-out access at the existing Les Schwab driveway access location on Highway 99W (SW Pacific Highway) and, 2) Existing shrubs and landscaping at the site access driveways should be trimmed as needed to maintain adequate sight distance in the long term. Any new landscaping and/or above-ground utilities installed along the site frontage and internal roadways should be properly located and maintained to ensure adequate sight distance is available. In the �nished condition, the site will have one driveway to Pacific Highway and one to Royalty Parkway. 3. All proposed improvements meet City and applicable agency standards; Response: The proposed improvements have been reviewed and approved via the Planned Development Review process (PDR2009-00001) and meet applicable City and agency standards. 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Response: The property is zoned C-G. Both proposed lots in this partition will conform to all the development standards listed in Table 18.520.2 Commercial Development Standards, including the minimum lot width standard of 50'. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Response: Table 18.520Z requires no minimum lot size in the C-G zone. Proposed Lot 1 will be 38,343 square feet, and proposed Lot 2 will be 19,512 square feet. c. Each lot created through the partition process shall front a public right-of- way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Response: Both proposed lots have over 15' of frontage along SW Pacific Highway, and Lot 1 also has frontage on SW Royalty Parkway. Lot 2 will not have its own driveway, but will take access through Lot 1. A blanket access easement for Lot 2 will be placed over the entirety of Lot 1. d. Setbacks shall be as required by the applicable zoning district. Response: Adjacent properties are zoned commercial, so no setbacks are required per Table 18.520.2. e. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to m�imize separation from existing structures. Response: Not applicable. This partition will not create a flag lot. Sonic Drive-In Partition Page 7 ��% Minor Land Partition Application �� f. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Response: As shown on the preliminary plans approved as part of the Planned Development Review process, the northern drive aisle on proposed Lot 2 will be located closer than 10' to the north property line. Landscape buffering requirements for that lot will need to be addressed during the site development review process of the future building. However, TMC 18.745.OSO.B.2 permits the City to allow an accessway in the buffer. It should also be noted that no setbacks are required since the adjacent properties are commercially zoned and contain existing commercial uses. g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental efFect on fire-fighting capabilities. Response: As demonstrated on the civil engineering plans reviewed through the Planned Development Review process, the applicant proposes to install a new fire hydrant along the SW Pacific Highway frontage to better serve the property. h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Response: While Lot 2 will have frontage on SW Pacific Highway, it will not have driveway access. Access for Lot 2 will be through Lot 1. A blanket reciprocal access easement ensuring access and maintenance rights will be recorded over the entirety of Lot 1 for the sake of Lot 2. 5. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Response: The proposed accessways were reviewed and approved previously during the Planned Development Review process and were found to comply with Chapter 18.705. This partition proposal is for a land division only. 6. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain, the City sha11 require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Response: Not applicable. This site is not within or adjacent to the 100-year floodplain. Sonic Drive-In Partition Pa e 8 �t Minor Land Partition Application 9 r,�r..y �� 7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. Response: In conjunction with this partition application, the applicant is also requesting a sign code adjustment in accordance with Chapter 18.370 to allow two freestanding signs on Lot 1. Please see the Sign Code Adjustment Narrative for a detailed discussion of that request. Chapter 18.520 Commercial Zoning Districfs 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; Response: This proposal complies with all applicable development standards of the C-G zone. 2. All other applicable standards and requirements contained in this title. Response: As discussed throughout this narrative, the Sonic Drive-In partition project complies with all applicable standards and requirements contained in Title 18. Table 1 S.520.2 Commercia!Development Standards Minimum Lot Size -None. Response: Complies. Minimum Lot Width SOft. Response: Both lots exceed SOft in width for a total width of the development of 200ft. Front Yard Setback—Oft. Response: Complies. Side Yard Setback—0/20ft. Response: Development is completely surrounded by C-G zoned properties allowing a Oft setback. Rear Yard Setback—0/20ft. Response: Development is completely surrounded by C-G zoned properties allowing a Oft setback. Minimum Building Height—NA. Response: Complies. Maximum Building Height—45ft. Response: No building within the development will exceed 45ft. in height. Maximum Site Coverage— 85%. Response: The amount of impervious surface proposed is approximately SO% of site coverage. Minimum Landscape Requirement— 15% (20% in PD overlay) Sonic Drive-In Partition Page 9 L!1!% Minor Land Partition Application �r� Response: The amount of site dedicated to landscaping will be approximately 20% when factoring both proposed lots, as discussed with and allowed by staff at the pre- application conference. Minimum FAR—NA. Response: Complies. Minimum Residential Density—NA. Response: Complies. Maximum Residential Density—NA. Response: Complies. Chapter 18.705 Access, E�ress, and Circulation 18.705.030 General Provisions A. Continuin�obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. Response: Access and egress for structures within this proposal will be continuously maintained during the use of the structures. B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: A detailed and scaled site plan showing access, egress and circulation was previously reviewed and approved through the Planned Development Review process. C. Joint access. Owners of two or more uses, structures, or pazcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and Response: A joint access easement has been recorded for the access from Pacific Hwy between this proposal and the Les Schwab tire store adjacent. Additionally, an ingress, egress, and circulation easement will be recorded over the access drives on lot 1 for the benefit of lot 2 via the final plat. 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Response: The City will be provided copies of the easement documents when they are finalized. The ingress, egress, and circulation easement over the access drives on lot 1 will be recorded via a note on the final plat, and if required a written easement document will also be provided. Sonic Drive-In Partition Page 10 �% Minor Land Partition Application �� -- L°:9L�J D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Response: Vehicular access and egress for this proposal connects directly with public streets and will be maintained on a continuous basis. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Response: Curb cuts will be in accordance with Section 18.810.030N. F. Required walkwav location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi- building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; Response: Pedestrian walkways will provided from building entrances to the public ways providing access and between buildings within the proposal, as demonstrated previously through the Planned Development Review. 2. Within a11 attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Response: The proposal involves no housing. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Response: All proposed walkways crossing vehicle access driveways and parking lots will meet ADA standards and will be identified with pavement markings and/or differential materials. All walkways will be a minimum of four feet wide exclusive of vehicle overhangs and other obstructions, per the previously Planned Development Review. Sonic Drive-In Partition Page 11 ��% Minor Land Partition Application �� 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well- drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. Response: All proposed walkways will be concrete and will be lighted and signed as needed for safety. There will be no soft-surface walkways. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or Response: Proposed access has been coordinated with ODOT and the City so as not to cause or increase existing hazardous traffic conditions. b. Would provide inadequate access for emergency vehicles; or Response: Proposed access provides adequate access for emergency vehicles. c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Response: Proposed access does not constitute a clear and present danger to the public health, safety, and general welfare. The proposed access has been approved through the previous Planned Development Review process (PDR2009-00001). 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. Response: The proposal involves no housing. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. � Response: Proposed drives will not require backward movement or other maneuvering of a vehicle within a street. H. Access Mana e� ment• Sonic Drive-In Partitfon Pa e 12 �+�� Minor Land Partition Application 9 �� ---- t•'%4J 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) Response: An access report was provided with the Planned Development Review application delineating coordination with ODOT and the City. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right- of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Response: Proposed driveways are greater than 150 feet from an intersection. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial sha11 be 600 feet. Response: Proposed driveway access is a right-in/right-out accessway almost exactly half way between the SW Royalty Parkway/99W intersection and the Naeve Street/99W intersection in the location of an existing accessway to the rear of the Les Schwab property. This will provide continued access to the Les Schwab site and new access to the Sonic development. Two existing accessways closer to the Naeve Street/99W intersection will be closed. Additional information regarding this accessway was provided in the Traffic Impact Analysis developed by Kittelson & Associates, Inc. that was included with the Planned Development Review application. 4. The minimum spacing of local streets along a local street shall be 125 feet. Response: Proposed driveway access has been coordinated with and approved by ODOT and the City. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single- family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Response: The proposal involves no housing. 5onic Drive-In Partition Page 13 ��t Minor Land Partition Application L`�L"J TABLE 18.705.1 Vehicular Access/E�ress Requirements: Residential Use (6 or Fewer Units) Response: The proposal is for a partition of commercial land and does not involve housing. TABLE 18.7052 Vehiculaz Access/E�ress Requirements: Multifamilv Residential Use Response: The proposal is for a partition of commercial land and does not involve housing. 2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; Response: The proposal involves no housing. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; Response: The proposal involves no housing. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; Response: The proposal involves no housing. b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; Response: The proposal involves no housing. c. The maximum cross slope of a required turnaround is 5%. Response: The proposal involves no housing. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; Response: The proposal involves no housing. 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid tr�c turning from the street having to wait for traffic exiting the site. Response: The proposal involves no housing. J. Minimum access requirements for commercial and industrial use. Sonic Drive-In PaRition Page 14 �1li Minor Land Partition Application �� C�' 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3; Response: The proposal provides two means of access and egress: one driveway to SW Pacific Highway and one driveway to SW Royalty Parkway. TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES Required Parking Minimum Number of Minimum Access Minimum Pavement Spaces Driveways Required Width 0-99 1 30' 24' curbs re uired 2 30' 24' curbs required l 00+ or 1 50' 40' curbs required 2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; Response: The proposal provides access to within 15 feet of the primary entrances. 3. Additional requirements for truck traffic may be placed as conditions of site development review. Response: The proposal allows for the movement of truck traffic onto and through the site. K. One-wav vehicular access points. Where a proposed parking facility indicates only one-way tr�c flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming tr�c and the exit drive shall be situated farthest from oncoming traffic. Response: The proposed vehicular access points provide two-way access and egress. L. Director's authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or Response: The proposal does not increase existing hazardous traffic conditions. b. Provide inadequate access for emergency vehicles; or Sonic Drive-In Partition �'�� Minor Land Partition Application Page 15 (l.Cl+ / �� L`:rL`J Response: The proposal provides adequate access for emergency vehicles. c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Response: The proposal does not cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. To eliminate the need to use public streets for movements between commercial or industrial properties,parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; Response: The site layout previously reviewed through the Planned Development Review process provides for connections to parking areas on adjacent properties. 3. To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; Response: The proposal provides for efficient sidewalk connections to neighboring land uses. On-site ADA accessible sidewalk connection between the buildings is not practical due to the slope of the site, but connection along Pacific Highway is provided and will be connected to both buildings when they are developed. 4. A decision by the Director per 18.705.030 K.1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. (Ord. 06-20, Ord. 02-33) Response: Noted. Chapter 18.745 Landscapinp and Screeninq 18.745.020 Applicabilitv A. Applicabilitv. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not applv. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. Sonic Drive-In Partition Pa e 16 f�.C,!% Minor Land Partition Aoplication 9 r.�r-s L!:rL.°J C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: The provisions of this chapter apply to this proposal and will be met. Site plans and landscape plans demonstrating compliance with the provisions of this chapter were previously submitted and approved through the planned development review application process (PDR2009-00001). Additionally, future development on Lot 2 will need to go through site development review, where landscape compliance will be assessed. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. Response: Noted. B. Prunin required. All plant growth in landscaped areas of developments shall be controlled by pruning,trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. Response: Noted. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; Response: Noted. 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and Response: Noted. 3. Landscaping shall be installed in accordance with the provisions of this title. Response: Noted. D. Certificate of Occupancv. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. Response: Noted. E. Protection of existing�vegetation. Existing vegetation on a site shall be protected as much as possible: Sonic Drive-In Partition Page 17 (�,�% Minor Land Partition Application �� 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and Response: Existing vegetation to remain will be protected during the construction process. 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). Response: The landscape plans submitted with the planned development review application noted all existing plant materials to be saved. F. Ca.re of landscapin�alon�public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. Response: This developer will provide for the care and maintenance of street trees and landscape materials along the public right-of-way. G. Conditions of a�proval of existin�ve�etation. The review procedures and standards for required landscaping and screening sha11 be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. Response: Noted. H. Hei�ht restrictions abutting public ri�hts-of-wav. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. Response: As demonstrated through the planned development review process, the future development provides for no trees, shrubs or plantings more than 18 inches in height in the public right-of-way along Pacific Hwy. where no established curb and gutter exists. 18.745.040 Street Trees A. Protection of existin� ve et� ation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. Response: Street trees will be planted as required. B. Street tree plantin list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. Response: Only approved street trees will be planted. C. Size and spacin�of street trees. Sonic Drive-In Partition Page 18 �% Minor Land Partition Application ry� ------ L:�iL°J 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; Response: This proposal will comply. 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; Response: This proposal will comply. b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; Response: This proposal will comply. c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; Response: This proposal will comply. d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; Response: This proposal will comply. e. No new utility pole location shall be established closer than five feet to any existing street tree; Response: This proposal will comply. f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; Response: This proposal will comply. g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; Response: This proposal will comply. h. Street trees shall not be planted closer than 20 feet to light standards; Response: This proposal will comply. i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; Response: This proposal will comply. j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; Response: This proposal will comply. k. Trees shall not be planted within two feet from the face of the curb; and Response: This proposal will comply. 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: Response: This proposal will comply. Sonic Drive-In Partition Page 19 (�',�� Minor Land PaRition Application r�r� L`.�G (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and Response: No trees will be planted within two feet of any permanent hard surface. (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. Response: No trees will be planted within two feet of any permanent hard surface. D. Prunin�quirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. Response: This proposal will comply. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. Response: Noted. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similaz to the trees that are being removed unless lesser sized alternatives are approved by the Director. Response: No existing street trees will be removed by this proposal. G. Grantin� o�justments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18370.020.C.4.b. Response: No adjustments to the street tree requirements were requested during the previous planned development review process (PDR2009-00001), and none are being requested now. H. Location of trees near si�nalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. Response: No street trees will be planted near a signalized intersection in this proposal. 18.745.050 Bufferin�and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a Sonic Drive-In Partition Pa e 20 EJ'�� Minor Land Partition Application 9 r.inr.:, --- 'L`::� development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; Response: Noted. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; Response: The site is surrounded on all sides by properties of the same zoning category (C-G). 3. In lieu of these standards, a detailed buffer area landscaping and screening 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. Response: No alternative buffer and/or screening standard will be requested by this proposal. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; Response: Noted. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer azea except where an accessway has been approved by the City; Response: Noted. 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.OSO.B.8 and 18.745.OSO.D; Response: Noted. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They sha11 have a minimum caliper of two inches at four feet in height above grade for deciduous trees Sonic Drive-In Partition Page 21 �% Minor Land PaRition Application �� and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity sha11 be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. Response: The site is surrounded on all sides by properties of the same zoning category (C-G) and therefore requires no landscape buffer. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; Response: The site is surrounded on all sides by properties of the same zoning category (C-G) and therefore requires no landscape buffer. c. The remaining area shall be planted in lawn or other living ground cover. Response: The site is surrounded on all sides by properties of the same zoning category (C-G) and therefore requires no landscape buffer. 5. Where screening is required the following standazds shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four foot continuous screen of the height specified in Table 18.745.2 within two yeaxs of planting; or Response: Per the landscage plans submitted with the planned development review application, this proposal will provide shrubs for screening parking areas that will comply with City requirements. b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or Response: This proposal will not utilize berms for screening. c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. Response: This proposal will utilize fences or walls for screening only at service areas and refuse areas. These fences or walls will comply with Table 18.745.2 and will provide continuous sight obscuring screening. It should be noted that future development on Lot 2 will need to undergo site development review, where compliance with these and other such provisions will be assessed. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; Response: Noted. Sonic Drive-In Partition Pa e 22 f��1�� Minor Land Partition Application 9 r,vr,-:� ---- L:iB:J 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; Response: Adjacent land uses are at essentially the same grade as this proposal at the property lines. 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. Response: The Sonic-Drive In will utilize fences or walls for screening only at service and refuse areas. These fences or walls will not utilize chain link fencing but will be constructed of materials compatible with the main proposal structures. Future development on Lot 2 will need to demonstrate compliance through the site development review process. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.OSO.C.2.a and 18.745.OSO.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance azea as set forth in Chapter 18.795. Response: This proposal will provide landscaped screening that will comply with City requirements and will be properly maintained, as detailed in the landscape plans reviewed and approved through the planned development review process. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.OSO.C.2 except when the approval authority, as a condition of Sonic Drive-In Partition Page 23 ��% Minor Land Partition Application i r� approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; Response: The Sonic Drive-In on Lot 1 will utilize fences or walls for screening only at service and refuse areas. These fences or walls will not exceed the standards in Section 18.745.050.C.2. Future development on Lot 2 will need to demonstrate compliance through the site development review process. 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; Response: The Sonic Drive-In will utilize fences or walls for screening only at service and refuse areas and will not exceed eight feet in height. Future development on Lot 2 will need to demonstrate compliance through the site development review process. b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. Response: The Sonic Drive-In will utilize fences or walls for screening only at service and refuse areas. These areas will not be in the required front yard. Future development on Lot 2 will need to demonstrate compliance through the site development review process. 3. All fences or wa11s shall meet vision cleazance area requirements in Chapter 18.795; Response: The Sonic Drive-In will utiIize fences or walls for screening only at service and refuse areas and will be well clear of any vision clearance areas. Future development on Lot 2 will need to demonstrate compliance through the site development review process. 4. All fences or walls greater than six feet in height sha11 be subject to building permit approval. Response: Permit approval will be requested for all fences or walls proposed. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; Response: Noted. Sonic Drive-In Partition Page 24 fJL�lI Minor I_and Partition Aoolication _—__.. �4�J 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. Response: Noted. E. Screenin �.�special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; Response: Noted. (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; Response: Noted. (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; Response: Noted. (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and Response: Landscape islands will be provided throughout the parking areas as detailed during the planned development review process. Ten red maples and three vine maples were proposed on proposed Lot 1, all with canopies of at least 30 feet. Lot 2 will be appropriately landscaped as well; compliance review for that lot will be conducted through the site development review process. (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Response: Landscape islands will be protected by concrete curbiog and/or concrete wheel stops and will be a minimum of three feet in width. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; Response: Service and refuse areas will be fully screened per the requirements of the TMC. Sonic Drive-In Partition Page 25 v�% Minor Land PaRition Application �� 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; Response: There is no swimming pool associated with this proposal. 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. Response: Service and refuse areas will be fully screened per the requirements of the TMC. F. Buffer Matrix. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; Response: The site is completely surrounded by the same land use zone (C- G) as this site. 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 02-33) Response: No such variance will be requested with this proposal. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. Response: All impervious areas of this proposal will be landscaped. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and Response: Topsoil removed for construction operations will be stored, protected and restored. 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and Response: Root systems to remain will be protected. 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. Sonic Drive-In Partition Pa e 26 �% Minor Land Partition Aoolication 9 r:�r� --- �cr-4°� Response: Stored topsoil will be restored to the site for seeding and planting. C. Methods of re-ve etation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials aze to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. Response: Re-vegetation will be provided and will be encouraged to survive and grow through feeding and watering. These re-vegetation requirements were reviewed for the property through the planned development review process (PDR2009-00001). Chapter 18.765 OFF-STREET PARKING AND LOADlNG REQU/REMENTS 18.765.030 General Provisions A. Vehicle parkin�plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: A Site Plan was included with the previous planned development review application (PDR2009-00001). B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single- family attached dwellings shall be located on the same lot with the dwelling(s); Response: There are no dwellings associated with this proposal. 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: Response: Off-street parking for this proposal will be within 100 feet from the property line along all property boundaries. a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; Sonic Drive-In Partition page 27 C},t!% Minor Land Partition Application �l.;J Response: All parking spaces required by the development proposals for each lot will be accommodated on the site. b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1} Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. Response: This proposal will comply. C. Joint parkin�. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: Response: Not applicable. At this time, the appticant does not intend to develop a shared parking agreement between the two lots. Each lot will contain at least the minimum number of stalls required by the Tigard Municipal Code based on the proposed use. If the applicant decides that a shared parking agreement would be desirable, one will be prepared and recorded prior to final plat approval. 1. The size of the joint parking facility sha11 be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; Response: Not applicable. 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; Response: Not applicable. 3. lf a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Response: Not applicable. D. Parking in mixed-use projects. In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1. Primary use, i.e., that with the largest proportion of total floor area within the development, at 100%of the minimum vehicle parking required for that use in Section 18.765.060; Response: The primary use for the Sonic Drive-In on Lot 1 is the QSR which has the smaller total floor area. The future structure on Lot 2 is speculative and the use is not known at this time, therefore an office use was assumed for purposes of the planned development review proposal. 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; Sonic Drive-In Partition Pa e 28 f��% Minor Land Partition Aoolication 9 r.�� _ �L°3 Response: The primary use for the Sonic Drive-In on Lot 1 is the QSR which has the smaller total floor area. The future structure on Lot 2 is speculative and the use is not known at this time, therefore an office use was assumed for purposes of the planned development review proposal. 3. Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.060; Response: There are only two uses in this proposal. 4. The maximum parking allowance sha11 be 150% of the total minimum parking as calculated in D.1.-3. above. Response: Noted. E. Visitor parking in multi-family residential developments. Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15°/a of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. Response: There is no residential development associated with this proposal. F. Preferential long-term carpool/vanpool parking. Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040.N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. Response: This proposal will comply. G. Disabled-accessible parking. All parking areas shall be provided with the required number of pazking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. � Response: This proposal will comply. H. DEQ indirect source construction permit. All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ)to: 1. Acquire an Indirect Source Construction Permit; 2. Investigate the feasibility of installing oil and grease separators. (Ord. 02-13) Response: Not applicable. Sonic Drive-In Partition Page 29 �,�t Minor Land PaRition Application �F� 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. Response: This proposal will comply. A maintenance agreement for the parking and circulation areas will be recorded prior to final plat approval. B. Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; Response: This proposal provides for a right-in, right-out access drive at the Pacific Hwy entrance to facilitate traffic flow and eliminate hazardous conditions. The access drive on Royalty Pkwy. has been designed to provide maximum safety for pedestrians and vehicles. The proposed access drives have already been reviewed and approved via the planned development review process (PDR2009-00001). 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and Circulation; Response: Access drives have been approved by ODOT and the City. 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; Response: Access drives in this proposal are also service drives. 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; Response: Vision clearances are accommodated by this proposal and were specified in the Traffic Impact Analysis submitted with the planned development review application. 5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained; and Response: Access drives in this proposal will be paved and designed to remain well-drained. 6. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. Sonic Drive-In PaRition Pa e 30 �% Minor Land Partition Aoolication 9 ��.�-. - - _ ��..l�4�'� Response: No backing movements or other maneuvering will be required within a right-of-way from any parking spaces in this proposal. C. Loading/unloading drivewavs. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. Response: Not applicable. D. On-site vehicle stackin� for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. TABLE 18.765.1 STACHING LANE REQUIREMENTS FOR USES WITH DRIVE-IN WINDOWS Use Reservoir Requirement Drive-in banks 150 feet/service terminal Automated teller 50 feet/service terminal machines Drive-up telephones 50 feet Drive-in cleaners, repair services 50 feet Drive-in restaurants 200 feet Drive-in theaters 200 feet Gasoline service 75 feet between curb cut and neazest pump Mechanical car washes 75 feet/washing unit Parking facilities: - Free flow entry 25 feet/entry driveway - Ticket dispense entry 50 feet/entry driveway - Manua1 ticket dispensing 100 feet/entry driveway - Attendant parking 100 feet Response: The Sonic Drive-In proposal provides 205 feet of stacking lane in the primary approach and an additional 95 feet of stacking lane in a secondary approach. This was reviewed previously through the planned development review process. 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.320.300, using approval criteria contained in Section 18.370.020.C.S.g. Response: No reduction in stacking length will be required by this proposal. 3. Stacking lanes must be designed so that they do not interfere with parking and vehicle, pedestrian and bicycle circulation. Stacking lanes for the purpose of selling food must provide at least one clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. Sonic Drive-In Partition Page 31 �l,1!% Minor Land Partition Application (� L�:iLJ Response: Stacking lanes in this proposal do not interfere with parking or circulation and the service window space will be clearly marked. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. Response: This proposal will comply. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle axea has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. Response: Pedestrian access through parking areas is provided by this proposal and there is no grade separation. G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Response: This proposal provides for parking lot landscaping IAW Chapter 18.745. Landscape drawings were previously provided with the planned development review application. H. Parkin�Lpace surfacing. 1. Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040.H.3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, concrete, or pervious paving surfaces. Any pervious paving surface must be designed and maintained to remain well-drained; Response: All parking areas in this proposal will be paved and designed and maintained to remain well drained. 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained; Response: There are no residences associated with this proposal. 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be surfaced in gravel when authorized by the approval authority at the time the site development approval is given. The Director may require that the property owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles utilizing the parking area; or c} if there is evidence of adverse effects upon adjacent roadways, water courses, or properties. Such an agreement shall be executed as a condition of approval of the plan to establish the gravel parking Sonic Drive-In Partition ■ Minor Land Partition Aoolication Page 32 �� _ ��' area. Gravel-surfaced parking areas may only be permitted consistent with the following: Response: Not applicable. a. Gravel parking areas shall not be permitted within 100 feet of any residentially-zoned or residentially-developed area; Response: Not applicable. b. Gravel access and/or parking areas shall not be allowed within 100 feet of � any water course; Response: Not applicable. c. Gravel parking areas shall not be allowed within 100 feet of any public right-of-way; and Response: Not applicable. d. A driveway which connects a gravel parking area with any public street shall be paved; and Response: Not applicable. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel-surfaced pazking is warranted: Response: Not applicable. a. The request for consideration to a11ow a parking area in conjunction with the temporary use shall be made in writing concurrently with the Temporary Use application per the requirements of Section 18.385.050; Response: Not applicable. b. The applicant sha11 provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed; and Response: Not applicable. c. Approval of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property_ Response: Not applicable. I. Parkin lo�y t striping. 1. Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and Response: All parking spaces in this proposal will be clearly marked. 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. Response: All interior drives and access aisles in this proposal will be clearly marked and signed to show direction of flow and to maintain safety. � Sonic Drive-In PaRition Page 33 L�,C!% Minor Land Partition Application �� J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. Response: All parking spaces in this proposal will be provided with concrete wheel stops except where they will cause an employee hazard. K. Draina�e. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur. Except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. Response: All parking and loading areas in this proposal will be drained in an approved manner and the flow of water retained within the site. L. Li�. Lights provided to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. Response: All lighting associated with this proposal will be directed away from residential areas and roadways. M. Si�ns. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Response: All signs incorporated in this proposal will be designed and installed in accordance with Chapter 18.780. However, the applicant is also requesting a sign code adjustment to allow construction of a second freestanding sign on Lot 1. Please refer to the Sign Code Adjustment Narrative for further discussion. N. �ace and aisle dimensions. (Figure 18.765.1) FIGURE 18.765.1 OFF-STREET SURFACE PARKING MATRIX (Matriac not shown) 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimtun dimensions for parking spaces are: a. 8.5' x 18.5' for a standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. Response: All parking spaces will be designed using the matrix in the code as a minimum standard. Sonic Drive-In Partition � Minor Land Partition Application Page 34 �!/ �^ _ �".`.riL�'� 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; Response: All two-way drive aisles in this proposal will be 24 feet in width. 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. (Ord. 06-20) Response: All parking spaces, aisles and maneuvering areas will be designed and provided according to City standards. FIGURE 18.765.2 PARKING STRUCTURE MATRIX (Matrix not shown) Response: This proposal has no parking structure. 18.765.050 Bicvcle Parkin�gn Standards A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; Response: Bicycle parking will be provided within 35 feet of primary entrances on Lot 1 (Sonic Drive-In). Future development of Lot 2 will be reviewed through the site development review process, where compliance with these standards will be assessed. 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; Response: The bicycle parking provided in this proposal will not be located within parking aisles,landscape areas or pedestrian ways. 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; Response: Bicycle parking provided in this proposal will be visible from both the street and the buildings. 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for pazking on upper stories within a multi-story residential building. Response: No bicycle parking in this proposal will be located inside the Sonic Drive-In building on Lot 1. Future development on Lot 2 will be reviewed through the site development review process. B. Covered parking spaces. 1. When possible, bicycle parking facilities should be provided under cover. Sonic Drive-In Partition Page 35 ��% Minor Land Partition Application �� L.:� Response: Bicycle parking at the Sonic Drive-In will be under cover. Bicycle parking at the second building is not anticipated to be covered. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. Response: Not applicable. C. Desi�n requirements. The following design requirements apply to the installation of bicycle racks: 1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long term (employee) parking is encouraged but not required; Response: Bicycle racks provided in this proposal will allow bicycles to be securely locked without undue inconvenience. Employee bicycle racks will be in a protected area but not in lockers. 2. Bicycle racks must be securely anchored to the ground, wall or other structure; Response: Bicycle racks provided in this proposal will be bolted securely to the concrete sidewalks. 3. Bicycle parking spaces shall be at least 2%2 feet by six feet long and when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; Response: Bicycle parking provided in this proposal will comply. 4. Each required bicycle parking space must be accessible without moving another bicycle; Response: Bicycle parking provided in this proposal will comply. 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; Response: Bicycle parking provided in this proposal will not be rented. 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Response: Bicycle parking areas in this proposal will be clearly marked. Sonic Drive-In Partition `�S Minor Land Partition Aoolication Page 36 C,�„G�/ �L°J D. Pavin�. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete, other pervious paving surfaces, or similar material. This surface must be designed and maintained to remain well-drained. Response: Bicycle parking provided in this proposal will bolted to a concrete surface that will be designed and maintained to remain well drained. E. Minimum bicvcle parkin�requirements. The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.S.e. Response: Bicycle parking will be provided in this proposal per Table 18.765.2. Bicycle parking compliance was previously reviewed via the planned development review process (PDR2009-00001). 18.765.060 Parkin� Structure Desi�n Standards A. Ground-floor windows/wall openin�s. All parking structures shall provide ground floor windows or wa11 openings along the street frontages. Blank walls are prohibited. Any wall facing the street sha11 contain windows, doors or display azeas equal to at least 20% of the ground floor wall area facing the street excluding those portions of the face(s) devoted to driveway entrances and exits, stairwells, elevators, and centralized payment booths. Required windows shall have a sill no more than four (4) feet above grade. Where the interior floor level prohibits such placement, the sill may be raised to allow it to be no more than two (2)feet above finished floor wall up to a maximum sill height of six (6) feet above grade. B. Exit warnin�bell. A warning bell or other signal must be provided for exits from parking structures that cross public sidewalks where a standard vision clearance area cannot be provided. C. Other standards. Pazking structures must comply with all standards of the Uniform Building Code for the State of Oregon as it pertains to structural design, ventilation, lighting and fire/safety requirements and disabled accessibility. D. Parkin�vout and internal circulation. The layout of parking within a parking structure shall be subject to the requirements contained in Figure 18.765.2. An applicant may request approval of an alternative layout and internal circulation by means of a Type II adjustrnent, as governed in Section 18.370.010, using the approval criteria in Section 18.370.020.C.S.f. Response: This proposal has no parking structure. 18.765.070 Minimum and Maximum Off=Street Parking Requirements A. Parking requirements for unlisted uses. Sonic Drive-In Partition � � � Minor Land Partition Application Page 37 v,�t � 1. The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. Response: Noted. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Response: Noted. C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H: l. Fractions. Fractional space requirements shall be counted as a whole space; Response: Noted. 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season; Response: Noted. 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; Response: This proposal does not include facilities for students. 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof ineasured from the faces of the structure, excluding only space devoted to covered off-street pazking or loading. Response: Noted. D. Exclusions to minimum vehicle parkin�quirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street pazking around the perimeter of the use provided that the following criteria have been satisfied: Sonic Drive-In Partition Pa e 38 G°.L!/ Minor Land Partition Application 9 r,�r-• _. L`:�L1 a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. The street where on-street parking is proposed is not located on local residential streets. Response: This proposal will not have any on-street parking. 2. Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. Response: This proposal will not have any fleet parking. E. Exceptions to m�imutn parkin� standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.H, the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building or freestanding; b. Market-rate paid parking; c. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible pazking spaces; e. Fleet parking. Response: Noted. 2. If application of the maximum parking standard would result in less than six pazking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the m�imum parking standazd would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet,the development will be allowed up to 10 vehicle parking spaces. Response: This proposal requires more than ten parking spaces. F. Reductions in minimum required vehicle parkin�. Reductions in the required number of vehicle parking spaces may be permitted as follows: Response: This proposal will not request reductions in the minimum number of required parking spaces. 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit- oriented developments and other transit-related development through a Type � II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.S.b. Applicants who qualify for this Sonic Drive-In Partition Page 39 �',,C�% Minor Land Pa�tition Application �r� adjustment may also apply for further parking reductions per 18.765.070.F.2. below; 2. T'he Director may reduce the total required off-street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.S.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020.C.S.c. G. Increases in maximum required vehicle parking. The Director may increase the total m�imum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.S.d. Response: No increase to the maximum number of vehicle spaces is requested. H. Specific requirements. (See Table 18.765.2) (Ord. 02-13) Response: The Sonic Drive-In on Lot 1 is 1,728 square feet gross floor area and thus has a minimum of 17.1 and a maximum of 21.4 parking spaces. The Sonic Drive-In site is designed for 34 parking spaces and 3 accessible spaces. The speculative building on Lot Z is 3,000 square feet gross floor area and thus has a minimum of 29.7 and a mazimum of 37.2 parking spaces. This building site is designed for 23 parking spaces and one accessible space. The combined total of parking spaces is 46.8 (47) minimum and 58.6 (59) maximum. The proposal reviewed through the planned development review process provides 25 in-car dining spaces, 33 general parking spaces and 4 accessible spaces for a total of 58 vehicular spaces and 4 accessible spaces. Future development on Lot 2 will be required to provide the appropriate number of parking stalls based on the proposed use. If it is not possible to provide the required parking on Lot 2, the owner of Lot 1 may choose to allow joint use of some parking stalls on Lot 1. In that event, a joint parking agreement will be developed and recorded. 18.765.080 Off=Street Loading Requirements A. Off-street loadin�spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off=street loading and maneuvering space as follows: Response: An off-street area for product delivery is provided in this proposal. Sonic Drive-In Partition Pa e 40 C�SGS% Minor Land Parfition Ao�lication 9 �r-. ---- _ _ ��`�, 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; Response: Not applicable. 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. Response: Not applicable. B. Off-street loadin� dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and location; 2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; Response: The off-street delivery area provided in this proposal allows for sufficient delivery vehicle maneuvering. 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; Response: Entrance and exit for the delivery area is via the main site access/egress areas. 4. Screening for off-street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Response: The off-street delivery area will be screened with the parking lot screening. TABLE 18.765.2 MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS (table not shown) Response: The proposed future developments on the property will comply with these parking requirements. Chapter 18.780 S1GNS 18.780.070 Certain Si�ns Prohibited A. Prohibited displa. o��s and banners. It is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. Response: No strings of flags or banners will be provided with this proposal. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected Sonic Drive-In Partition Page 41 ��j Minor Land Partition Application �� and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. Response: All signage provided in this proposal will be designed in accordance with the current edition of the Oregon Structural Specialty Code. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: l. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and Response: No signage provided in this proposal will be near an intersection. 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. Response: No signage provided in this proposal will be likely to interfere with, mislead or confuse motorists. D. Obscenitv. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. Response: No signage provided in this proposal will contain any obscene material. E. Traffic obstructin��. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. Response: No signage provided in this proposal will obstruct any potential means of egress from any building. F. Bare light bulbs. Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right-of-way except if designed as part of a structure's architectural design. This subsection shall not apply to lighting displays as described in Subsection 18.780.070.A.2. Response: This proposal does not involve any strings of bare lights. G. Roof si r�is. Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. Response: This proposal does not involve any roof signs. Sonic Drive-In Partition Pa e 42 f.lLC!% Minor Land Partition Application g r.�r-s _ L:iL�J H. Revolvin��ns. Revolving, rotating or moving signs of any kind are prohibited. Response: This proposal does not involve any revolving or rotating signs. I. Flashin� signs. A sign which displays flashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe lights, rotary beacons, par spots, zip lights, or similar devices shall be prohibited. Response: This proposal does not involve any flashing Iights or signs. J. Temporary_signs with illumination or chan�eable copv. A sign not permanently erected or affixed to any sign structwe, sign tower or building which is an electrical or internally illuminated sign or a sign with changeable message characteristics. � Response: This proposal does not involve any temporary signage. K. Ri�ht-of-wav. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. Response: This proposal does not involve any signage in the public right-of-way. L. Si�ns on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801, with the primary purpose of providing a sign not otherwise allowed for by this chapter. Response: This proposal does not involve any signage involving any vehicles. M. Billboards. Billboards are prohibited. Response: This proposal does not involve any billboards. 18.780.080 SiQ;n Illumination A. Surface bri h� tness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. Response: Signage provided in this proposal will comply. B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. Response: Signage provided in this proposal will comply. 18.780.085 Si�n Measurement A. Projectin� and freestandin�si r�is. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded; Sonic Drive-In Partition Page 43 �% Minor Land Partition Application �� Response: Noted. 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of ineasurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign fascia or modules, the a.rea enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of the sign measurement if they do not bear written advertising copy, symbols or logos; and c. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and shall include architectural and structural embellishments. Response: Noted. B. Wall Sig�ns. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of ineasurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c. Measurement of the wall area pertaining to flush pitched "roo�' signs shall be calculated as if the sign were mounted directly on the wall face immediately below the sign; and d. Measurement of the wall area pertaining to awning or canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wa11 surface of the structure to which it is attached. Response: Noted. 18.780.090 Special Condition Si�ns A. Applicabilitv. Special-condition signs shall have special or unique dimensional, locational, illumination, maximum number or other requirements imposed upon them in addition to the regulations contained in this chapter. 5onic Drive-In Partition Page 44 ,�— Minnr Land Parfition Aoolication �� -- -- - �4�" B. Bench si�ns. 1. Bench signs shall only be permitted at designated transit stops in commercial, industrial and the R-12, R-25 and R-40 zones where no bus shelter exists: a. There shall be no more than one bench sign per allowable transit stop; b. Placement of the bench sign shall not interfere with pedestrian traffic or be located within a vision clearance area or a public right-of-way unless otherwise determined to be permissible by the City Engineer; c. Application for a bench sign shall include the signature of the affected property owner, proof of liability insurance and any required permits from the State Highway Division or Washington County, where applicable; and d. The sign area shall be limited to a total of 14 square feet. Response: This proposal does not involve any bench signs. Signs for the building on Lot 2 will be reviewed through the site development review process. C. Balloons. 1. One inflatable, stationary balloon or one cluster of children's balloons firmly secured shall be allowed only if all of the following conditions are satisfied: a. A City of Tigard sign pernvt is obtained for each single or cluster of balloons; b. Each owner or legal occupant of property or a building shall be allowed one balloon per year; c. A balloon sign shall be allowed to remain up for a period of no longer than 10 days per year; d. A permit issued for a balloon will serve as one of the three sign pertnits allowed per business in a calendar year; e. Balloons may be permitted as roof signs with a City sign permit; f. The size of a balloon shall not exceed 25 feet in height; and g. The balloon shall be secured to a structure on the ground and shall not be allowed to float in the air higher than 25 feet above the neazest building roof line. Response: This proposal does not involve any balloons. Signs for the building on Lot 2 will be reviewed through the site development review process. D. Electronic messa�e centers. 1. Electronic Message Center (variable message) sign regulations shall be as follows: a. Electronic message center signs shall be permitted only in the C-G and CBD zones; b. The maximum height and azea of an electronic message center sign shall be that which is stipulated in Subsection 18.780.130C; c. An electronic message center shall be allowed to substitute for one freestanding sign or one wall sign; Sonic Drive-In Partition Page 45 �},�% Minor Land Partition Application �� d. One electronic message center sign, either freestanding or wall-mounted, shall be allowed per premises; e. With regard to light patterns: 1. Traveling light patterns ("chaser effect") shall be prohibited; 2. Messages and animation shall be displayed at intervals of greater than two seconds in duration. Response: The electronic message center will comply. E. Free-standing freewav-oriented si -�ns. Response: This proposal does not involve any freeway-oriented signage. 1. For signs requiring a permit under the Oregon Motorist Information Act, the City will determine pursuant to a Type 1 process whether the sign meets all applicable City standards and provide that determination to any applicant for a State permit consistent with ORS 377.723. 2. Freeway-oriented signs shall be permitted only in the C-G, I-P, I-L and I-H zoning districts; 3. Freeway-oriented signs shall be permitted to be located within 200 feet of Highway 217 andlor Interstate Freeway No. 5 rights-of-way as shown in the Freeway-Oriented Sign (FOS) overlay zone maps in Figure 1; (Figure 1 is on file in the City Recorder's o�ce.) 4. One freestanding freeway-oriented sign shall be allowed per premises; 5. The maximum height of a freeway-oriented sign shall not exceed 35 feet from the ground level at its base; 6. For freestanding signs a total maximum sign area of 160 square feet per face (320 square feet total) shall be allowed; 7. Freeway-oriented signs sha11 be oriented to be viewed from the freeway; 8. In addition to a freeway-oriented sign, each pazcel, development complex or premises sha11 be allowed one freestanding sign provided all other provisions of this chapter can be met and both signs are located on separate frontages with different orientations; 9. Freeway-oriented signs are not permitted as roof, tenant, temporary, balloon, wall and awning signs. F. Awning si�ns. 1. Awning signs shall be permitted in all zoning districts; 2. The copy on awning signs may not extend above the upper surfaces of the awning structure. They may be hung below the awning if the sign clears the sidewalk by at least 8-1/2 feet; 3. Awning signs may be internally or externally illuminated; and 4. Awning signs may extend into the public right-of-way 6-1/2 feet or 2/3 of the distance to the roadway, whichever is less. However, no sign may extend within two feet of the roadway. State Highway Division approval shall be necessary for awning signs on state highways. Response: This proposal does not involve any awning signage. Signs for the building on Lot 2 will be reviewed through the site development review process. Sonic Drive-In Partition Page 46 ��, Minor Land Partition A�olication ,.�� --_ _._ G. Flush pitched"roof' siQn. 1. Flush pitched roof signs shall be allowed in all zoning districts except residential; 2. The face of flush pitched roof signs may not extend more than six inches above the roof line; 3. Flush pitched roof signs shall be parallel to the building face. They may not extend beyond the building wall. Such surfaces shall be considered part of a wall surface in the calculation of total wall area; 4. Such signs shall be attached to a mansard or other neaz vertical roof where the roof angle is greater than 45 from horizontal; and 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. Response: This proposal does not involve any roof signage. Signs for the building on Lot 2 will be reviewed through the site development review process. H. Painted Wall Si�ns. 1. Wall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however, the vertical dimension of the sign cannot exceed 20 percent of the height of the wall. Response: This proposal does not involve any painted wall signs. Signs for the building on Lot 2 will be reviewed through the site development review process. I. Entrywav Si�ns. 1. Entryway signs sha11 be permitted in all districts. Response: Noted. J. Cultural Institution A�iliar�Signs. Response: This proposal does not involve any Cultural Institution signage. 1. Cultural Institution Auxiliary Signs shall be permitted in all zoning districts. 2. Cultural Institution A�iliary Signs are limited to one sign and must be either within the same sign structure as another free-standing sign on the property where the Cultural Institution is located or on a wall of the primary building of the Cultural Institution. A wall sign must be consistent in structure and materials with any existing wall sign on the Cultural Institution. The sign area of a Cultural Institution Auxiliary Sign shall not exceed four (4) square feet per face. (Ord. 06-13, Ord. 06-09, Ord. 04-03) 18.780.100 Temporary Si�ns A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a Type I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director Sonic Drive-In Partition Page 47 ��j Minor Land Partition Application �� shall attach such conditions to the issuance of a permit for a temporary sign as rnay be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. Response: None requested with this application. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Tvpes and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs issued by permit shall not exceed one for any use at any one period of time; such signs are not permitted for single- family and duplex dwellings. Exempted lawn signs in residential zones are not governed by this provision; Response: Not Applicable. 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; Response: Not Applicable. 3. See Subsection 18.780.015 A.52 for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; Response: Not Applicable. 5. A balloon as provided in Subsection 18.780.090 C. Response: Not Applicable. D. Location. The location of a temporary sign requiring a permit sha11 be as approved by the Director. Exempted lawn signs shall be placed only on private property, outside of the public right-of-way, and may not obstruct the clear vision area. Response: Not Applicable. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. (Ord. 04-02) Response: Not Applicable. 18.780.110 Nonconforming Signs Sonic Drive-In Partition Page 48 �9% Minnr 1 anrl Parfitinn Annlir.atinn - -- --__ _ _ _ L.�LJ' Response: This proposal allows for no nonconforming signs. 18.780.130 Zonin� District Re�ulations C. In the C-G and CBD zones. No sign shall be permitted in the C-G and CBD zones except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties in commercial zones: a. One multi-faced, freestanding sign shall be permitted subject to conditions and limitations as stated herein; Response: This proposal includes two freestanding signs on Lot 1. Please refer to the Sign Code Adjustment Narrative for discussion of how this proposed adjustment meets the applicable approval criteria. b. A reader-board assembly may be an integral part of the freestanding sign; Response: This proposal will request a reader board as an integral part of one freestanding sign. c. The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any freestanding sign sha11 extend over a property line into public right-of-way space; Response: This proposal will install a pole sign having a maximum of 60 square feet per face for the Sonic Drive-In, as well as a monument sign. Neither sign will extend over the property line. d. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a ma�cimum of 90 square feet per face or a total of 180 square feet for all faces; and Response: This proposal will not request any increase in sign area. e. Freestanding signs located next to the public right-of-way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height. Response: The pole sign for this proposal will be 20 feet in maximum height and we will not request any increase in the height of the signage. 2. Wall Signs: a. Wall signs, including illuminated reader-boards, may be erected or maintained but shall not exceed in gross area 15 percent of any building face on which the sign is to be mounted; Response: Wall signage in this proposal will have a maximum of 8 percent gross area on any building face. Signs for the building on Lot 2 will be reviewed through the site development review process. b. Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached; and Sonic Drive-In Partition Page 49 ��% Minor Land Partition Application :F� Response: Wall signage in this proposal will project a maximum of 6 inches from the wall and will not extend above any wall. Signs for the building on Lot 2 will be reviewed through the site development review process. c. If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters. Response: No increase in wall sign area will be requested through this proposal. Signs for the building on Lot 2 will be reviewed through the site development review process. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; Response: Directional signage provided in this proposal will have an area of three square feet per face at each driveway. 4. Electronic message centers per Subsection 18.780.090D shall be permitted; Response: Electronic message board will be provided as a part of this proposal. 5. The signs specified in Section 18.780.060A shall be allowed, subject to any restrictions imposed by this title; Response: This proposal does involve directional and ADA accessibility signage specified in Section 18.780.060A. 6. Temporary Signs in accordance with Sections 18.780.090 and 18.780.100; Response: None requested with this application. Signs for the building on Lot 2 will be reviewed through the site development review process. 7. Lawn signs in accordance with Sections 18.780.060 A.1, A.6, and B.2; Response: This proposal does not involve any lawn signs. 8. Special condition signs in accordance with Section 18.780.090; and Response: This proposal does involve the use of an electronic message center special condition sign. 9. Additional permitted sign including awning sign(s), flush pitched "roof' sign(s), freeway-oriented sign(s), tenant sign(s), projecting sign(s), and painted wall sign(s). Sonic Drive-In Partition � � � Minor Land Partition A�plication Page 50 �r/ -----— �� Response: This proposal does not involve any additional permitted signage. Signs for the building on Lot 2 will be reviewed through the site development review process. G. Additional requirements in commercial and industrial zones. If it is determined under the site development review process that the sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50% of the allowable sign area and 25% of sign height may be pernutted. No copy will be permitted in the additional area or height. For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. Response: This proposal will not request any increase in sign area. Signs for the building on Lot 2 will be reviewed through the site development review process. 1. Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business and the area set aside shall be landscaped; a. The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by permit and shall be subject to the review and control of the Director, under the site development review process; and b. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground shall be 14 feet in any vehicle maneuvering area. � Response: This proposal will provide required protection for freestanding signage through the use of concrete curbing and/or concrete wheel stops. 2. No freestanding sign, nor any portion of any freestanding sign, shall be located or project over any portion of a street, sidewalk or other public right- of-way or property unless an exception has been granted; Response: This proposal will comply. 3. When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign shall take into consideration the need for providing a signing system which is harmonious in appearance and legible: a. The building owner shall provide, at his own expense, a common support for all tenant signage; and b. Up to an additional 50% of sign copy area may be permitted under the site development review process so as to adequately identify the separate tenants when determined that the increased sign area will not be inconsistent with the purpose of this chapter. Response: This proposal provides for a single tenant in each building. Both proposed signs will include signage for both future businesses. 4. Shopping centers or industrial parks shall establish a single signing format: Sonic Drive-In Partition Page 51 �% Minor Land Partition Application �� Response: Not applicable. a. Up to an additional 50% of sign area may be permitted under the development review process to adequately identify the complex when it can be determined that the increased sign area will not be inconsistent with the purposes of this chapter; b. This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible; and c. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed under the site development review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously; 5. Legal owners or occupants of properties or buildings which are in shopping plazas and which are directly located or are proposed to be located on a commercially- and industrially-zoned corner property(ies) (one or more contiguous tax lots located at the intersection of two or more public streets), shall be allowed to have one freestanding sign along each street frontage when all of the following are met: Response: Not applicable. a. A sign permit shall be required for each sign prior to its erection; b. The total combined height of two freestanding signs on the premises shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; c. Neither of the signs shall exceed the sign height normally allowed in the zoning district in which the signs are located; (See Subsection 18.780.030.) d. No more than two freestanding signs shall be permitted; e. The two allowable signs shall face separate fronta.ges and are not intended to be viewed simultaneously; and f. All other provisions of this chapter shall apply. 6. Shopping centers in the C-G zoning district sha11 be entitled to freestanding signage according to the following optional standards: Response: Not applicable. a. A maximum of two freestanding signs shall be permitted per roadway frontage provided they can meet both sign area and sign height requirements as set forth in this subsection; b. The combined height of two signs sha11 not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; c. Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; Sonic Drive-In Partition Page 52 G+,,CS% Minnr I anri Partifinn Annlir.atinn ��+ _ _. L.J� however, neither shall exceed the area normally allowed in the same zoning district; d. Neither sign shall pose a vision clearance problem or shall project into the public right-of-way; e. A sign permit shall be required prior to erection of any freestanding sign referred to in this subsection. Chapter 18.790 TREE REMOVAL Response: Compliance with Chapter 18.790 was assessed during the planned development review process (PDR2009-00001). The site contains two trees greater thaa 12" diameter that will be retained. See certified arborists report submitted with the previous application by Teragan & Associates, Inc., dated June 26, 2009 for tree protection, removal and for Tree Plan. 18.790.030 Tree Plan Reguirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified azborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standazds and shall be exclusive of trees required by other development code provisions for landscaping, streets and pazking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which aze proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Sonic Drive-In Partition Page 53 v�� Minor Land PaRition Application i-r� C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. Response: A tree plan was provided as a part of the arborist's report with the planned development review application (PDR2009-00001). 18.790.060 Ille�al Tree Removal Response: This section is not applicable as no trees will be illegally removed. Chapter 18.795 VlSUAL CLEARANCE AREAS 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. Response: Visual clearance areas are demonstrated on the Preliminary Partition Plat included with this application. S. Obstructions vrohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Response: Visual clearance areas provided in this proposal are clear of obstructions between 3' and 8' from the ground. The pole mounted sign is located within the vision clearance area along Pacific Highway, but the signs themselves will be located at least 8' above the ground so that only the pole is within the vision clearance area. C. Additional topog_raphical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required cleaz vision area. Response: No topographic feature exists in the area to restrict the limits of the visual clearance area. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. Response: The vision clearance area shown on the Preliminary Partition Plat along Pacific Highway is 35 feet on each side. B. Non-arterial streets. Sonic Drive-In Partition -�! � Minor Land Partition Aoolication Page 54 �,L.7I _.�----.._ L°�:C:l 1. Non-arterial streets 24 feet or more in width. At a11 intersections of two non- arterial streets, a nonarterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of- way or property line at points which are 30 feet distance from the intersection of the right-of way line and measured along such lines. See Figure 18.795.1: Response: The vision clearance area shown on the Preliminary Partition Plat along Royalty Parkway is 30 feet on each side. FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS Response: Illustration not shown. All development on the site will comply with the figure. 2. Non-arterial streets less than 24 feet in width. At all intersections of two non- arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways aze less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front �setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. Response: Not applicable. Chapter 18.810 STREET AND UTILlTY lMPROVEMENT STANDARDS 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. Response: Development of Lot 1 will construct a driveway access from SW Royalty Parkway along the eastern boundary and a joint access driveway with Les Schwab from SW Pacific Highway along the western boundary. 2. No development shall occur unless streets within the development meet the standards of this chapter. Response: The project is a commercial site, with no internal public streets. SW Royalty Parkway frontage improvements will include a commercial driveway for site access, connection to the existing sanitary sewer, relocation of existing catch basin in driveway access, and sidewalk construction (designed to City of Tigard standards). Frontage improvements to SW Pacific Highway will include a commercial driveway for access, standard curb, setback sidewalk, and stormwater improvements to fill the existing ditch and provide pipe conveyance (designed to ODOT standards). Sonic Drive-In Partition Page 55 r%r+% Minor Land Partition Application �� 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. Response: SW Royalty Parkway is currently built with full width pavement improvements with existing standard curb. Street improvements will include the construction of a commercial driveway for access and sidewalk improvements along the property frontage. Improvements for SW Pacific Highway are as stated above in 2. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; Response: No additional street width is proposed at this time. Frontage improvements are as noted above. 5. If the City could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: Response: No request for in lieu of street improvements. Item #5 is not applicable. a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or £ Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also Sonic Drive-In Partition Page 56 �'�% Minnr I an�i Partitinn Annlir.atinn �3� — _ . . _ _- - . _� approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030 E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety. Response: There are no wetlands, bodies of water, significant habitat areas, or steep slopes located on the site. The existing tree to be removed for sidewalk construction at the southeast corner of the site will need to be removed with either an attached or detached sidewalk. The site currently proposes a sidewalk transition from detached, matching existing sidewalk to the north, to attached, matching existing sidewalk cut to the south, in the location of the existing tree. All of this was reviewed through the planned development review conducted previously (PDR2009-00001). B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the Council for the purpose of general traffic circulation: Response: No additional rights-of-way will be created for the site development. 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: a. Esta.blishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title goveming the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval: a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine Sonic Drive-In Partition Page 57 �% Minor Land Partition Application �� whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of this title; and 3. All deeds of dedication shall be in a form prescribed by the City and shall name "the public," as grantee. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: Response: A reciprocal access easement has been recorded between the project site and the adjacent Les Schwab to the south for access from SW Pacific Highway. Additionally, an ingress, egress, and circulation easement will be placed over the access drives on Lot 1 for the benefit of Lot 2. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code Section 10.207; 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.030I. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: Response: Driveway, curb, and sidewalk improvements to existing SW Royalty Parkway and ezisting SW Pacific Highway will be installed via the approved Sonic Drive-In project. Frontage improvements will be consistent with the street grades already established. l. Street grades sha11 be approved by the City Engineer in accordance with Subsection N below; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street Sonic Drive-In Partition Pa e 58 C�c�% Minor l_and Partition Ao�lication 9 �r_-. - L`:1C3 right-of-way and roadway widths sha11 not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. Response: Driveway and sidewalk construction along SW Royalty Parkway will occur with future development; the paved width and standard curb are already constructed. SW Pacific Highway will match existing improvements constructed for Dezfulli Auto Sales to the north and will reconstruct the curb return south of the proposed driveway access to provide the proposed access and tie into existing curb and sidewalk improvements to the south. 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter-Functional Street Classification; b. Anticipated traffic generation; c. On-street parking needs; d. Sidewalk and bikeway requirements; e. Requirements for placement of utilities; f. Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists, bicyclists, and pedestrians; k. Access needs for emergency vehicles. Response: Sections F through N are concerns associated with new street construction. The street and intersections adjacent to the site are already established and the streets are already named. The project is a commercial site development so no public streets will be created within the project boundary. Therefore, sections F through N are excluded from this narrative. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080; and: Response: A commercial driveway approach consistent with detached sidewalks will be constructed at the driveway entrance from SW Royalty Parkway according to City of Tigard standards in conjunction with the approved Sonic Drive-In project. The City detail for commercial driveway, dwg no. 162, is not shown for a detached side�s�alk so the applicant previously requested approval of the Sonic Drive-In Partition Page 59 �% Minor Land Partition Application �r� configuration shown on the plans. Commercial driveway from SW Pacific Highway will be constructed to ODOT standards. 1. Concrete curbs and driveway approaches aze required; except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. P. Streets ad�jacent to railroad ri�ht-of-wav. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. Response: The site is not located adjacent to railroad right-of-way. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and sha11 separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: Response: The site is zoned commercial and is located adjacent to parcels of similar zoning. No residential access is proposed. 1. A pazallel access street along the arterial or collector; 2. Lots of suita.ble depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 0 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. R. Alleys, public or private. Response: No alleys are proposed. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. Sonic Drive-In Partition Pa e 60 �% �Ainnr I anr! Partition Annlir.atinn 9 _ :-.. --__.-•- —._.... . .. a�i�', S. Survev monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. T. Private streets. Response: No private streets are proposed. 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. U. Railroad crossin�s. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. Response: No railroad crossings are proposed. V. Street si r�is. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. Response: No street signs are proposed. W. Mailboxes. Joint mailbox facilities sha11 be provided in a11 residential developments, with each joint mailbox serving at least two dwelling units. Response: The site is a commercial development. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the City Engineer/US Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/US Post Office prior to final approval. X. Traffic si�als. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. Response: No traffic signals are proposed. Y. Street li�ht standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. Sonic Drive-In Partition Page 61 ��% Minor Land Partition Application �� L':iLtJ Response: There is an existing street light located at the southeast corner of the site, to remain. There is no existing street lighting along SW Pacific Highway. Z. Street name signs. Street name signs sha11 be installed at all street intersections. Stop signs and other signs may be required. Response: No street name signs are proposed. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. Response: Installation of the proposed driveway access on SW Royalty Parkway and construction of sanitary and storm sewer services will require restoration of asphalt surface for the proposed sawcut area. No new public street construction is proposed for the site development. l. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be C1ass C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. (Ord. 99-22) AB. Tr�c calmin�. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the City to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for tra�c calming measures. The City Engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the City for a period of five (5} years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the City within the five-year time period will be refunded to the developer. Response: No traffic calming devices are proposed for the site development. The project is a commercial development adjacent to parcels of similar zoning and use. Sonic Drive-In Partition Page 62 �/ Minnr I anri Partitinn Annlir.ation _---� ._ �� The parcel to the north is a car dealership, to the south is Les Schwab tire center, to the east is a medical center and Safeway complex, and the site is bordered by SW Pacific Highway on the west. AC. Traffic studv. Response: A traffic study was prepared by Kittleson and submitted as part of the planned development review application. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. when they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the City street at the point of access and the existing ADT fall within the following ranges: Existing ADT 0-3,000 vpd 3,001-6,000 vpd >6,000 vpd ADT to be added by development 2,000 vpd 1,OOOvpd 500 vpd or more c. If any of the following issues become evident to the City engineer: (1) High traffic volumes on the adjacent roadway that may affect movement into or out of the site (2) Lack of existing left-hun lanes onto the adjacent roadway at the proposed access drive(s) (3) Inadequate horizontal or vertical sight distance at access points (4) The proximity of the proposed access to other existing drives or intersections is a potential hazard (5) The proposal requires a conditional use pernut or involves a drive- through operation (6) The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for a11 new or expanded uses or developments under any of the following circumstances: a. when the site is within 500 feet of an ODOT facility and/or b. trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility and/or c. trip generation from a development adds 50 or more peak hour trips to an ODOT facility. (Ord. 06-20, Ord. 02-33} 18.810.40 Blocks Sonic Drive-in Partition Page 63 ��% Minor Land Partition Application �F� A. Block desi�n. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Response: The block pattern is already defined at the site location. The proposed improvements will allow for right in/right out turning movements from/to SW Pacific Highway consistent with the traffic direction. A full turning movement driveway will be constructed on SW Royalty Parkway for circulation and to allow south bound access to SW Pacific Highway (traffic signal south of the site at the intersection of SW Pacific Highway and SW Royalty Parkway). B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways sha11 be provided when full street connection is exempted by B.1 above. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. (Ord. 06-20; Ord. 02- 33) 18.810.050 Easements Response: The development of the site proposes extension of the public sanitary sewer main through the Lot 1 to serve the future tenant building on Lot 2. A sanitary sewer easement will be provided to the City of Tigard over the public main as demonstrated on the Preliminary Partition Plat. A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway, there sha11 be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utilitv easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. Sonic Drive-In Partition Page 64 �% Minnr I anrl Partitinn Annlir.atinn �__ . _.. _ . L:L� .r e, 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: Response: The depth and width proposed for both lots provide adequate dimensions to meet the off-street parking and service facilities required by the proposed use. Lot 2 has a depth greater than 2.5 times the average width. However, the shape of the parent parcel is what causes this. In fact, it is not possible for both lots to have depths less than 2.5 times their widths, so only one lot can meet that standard (in this case, Lot 1). 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions; 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district; 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. B. Lot fronta�e. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. Response: TLe project site is zoned commercial and the proposed lot configuration for the Sonic and tenant building both provide at least 25' of frontage along SW Pacific Highway. C. Throu lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 1. A planting buffer at least ten feet wide is required abutting the arterial rights- of-way; and 2. All through lots shall provide the required front yard setback on each street. Response: Lot 1 will be a through lot, but this is due solely to the fact that the parent parcel is a through lot, so the situation is unavoidable. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. Response: The proposed future lot line is parallel to the north property line of the parent parcel. E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals Sonic Drive-In Partition Page 65 �j,�� Minor Land Partition Application �F� which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. Response: The parcel is zoned commercial and it is proposed to construct a Sonic on the south for Lot 1 with future construction of a tenant building on Lot 2. 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards along at least one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street Response: The sidewalk along SW Royalty Parkway will be extended along the property frontage as detached in conjunction with the Sonic Drive-In construction to match the existing sidewalk to the north and will transition from detached to attached south of the proposed driveway to match the attached sidewalk cut along the Les Schwab parcel. Sidewalk will also be constructed along the SW Pacific Highway froatage consistent with the configuration to the north. B. Requirement of developers 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off= site if justified by the development. Response: There is an existing bus stop just south of the proposed development along the frontage of the Les Schwab tire center. Pedestrian access to the west side of SW Pacific Highway is located at the intersection of SW Royalty Parkway and SW Paci�c Highway approximately 330' south of the southwest corner of the parcel. ADA compliant access from the proposed sidewalk on SW Pacific Highway to the proposed sidewalk on SW Royalty Parkway will be provided by future development on the site. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). Response: The sidewalk will be extended as described above and as demonstrated on the Preliminary Partition Plat. Sonic Drive-In Partition � � � Minor Land Partition Appiication Page 66 ryr/ _.� L'.:�L:J C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features, significant habitat azeas, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less). Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. Response: The sidewalks along both SW Royalty Parkway and SW Pacific Highway will be eztended consistent with current development to the north and will include a planter strip. At the south side of the proposed driveway on SW Royalty Parkway the sidewalk will transition from detached to attached to match the existing sidewalk cut along Les Schwab. D. Sidewalks in central business district. In the central business district, sidewalks shall be 10 feet in width, and: Response: The project is not located within the central business district. 1. All sidewalks shall provide a continuous unobstructed path; and 2. The width of curbside sidewalks shall be measured from the back of the curb. E. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. F. Anplication for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the Engineering department to so build or construct: Response: Construction of proposed utility connections and the frontage improvements for SW Royalty Parkway will require a street opening permit from the City of Tigard. Construction of utility and frontage improvements for SW Pacific Highway will require ODOT permit. All required permits will be obtained prior to construction. 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his opinion,the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; Sonic Drive-In Partition Page 67 �% Minor Land Partition Application �� b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible; and 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. G. Council initiation of construction. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. 50% or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and 4. A criteria which allowed noncompliance under Section E.l.b above no longer exists and a sidewalk could be constructed in conformance with City standards. (Ord. 06-20, Ord. 02-33, Ord. 99-22) 18.810.080 Public Use Areas Response: The site is zoned commercial and does not propose any public use areas. Therefore this section is not addressed. 18.810.090 Sanitary Sewers Response: Sanitary sewer service will be extended to and through Lot 1 from SW Royalty Parkway to Lot Z. A sanitary sewer easement will be provided as demonstrated on the Preliminary Partition Plat. A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizin�. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Sonic Drive-In Partition � Minnr l.and Pariition Aoolication Page 68 � / - -- �o i D. Permits denied. Development permits may be restricted by the Commission or Heazings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. 18.810.100 Storm Draina�e Response: Surface runoff from the site will be collected and treated according to the stormwater design guidelines in Clean Water Services Design and Construction Standards for Sanitary Sewer and Surface Water Management, R&O 07-20, and the draft copy of the Low Impact Development Approaches Handbook. Treated stormwater runoff will be released to the ODOT system located in SW Pacific Highway so detention will be designed to ODOT design guidelines. Storm drainage was reviewed as part of the planned development review (PDR2009-00001) for Sonic Drive-In. An agreement will be recorded prior to final plat approval delineating operation and maintenance responsibilities for the shared stormwater facility approved via PDR2009-00001. An agreement will also be recorded with the City providing the City rights to periodically check the facility to ensure compliance with the agreement terms. A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. C. Accommodation of upstream draina�e. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development, and: l. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). D. Effect on downstream draina�e. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential Sonic Drive-In Partition Page 69 �l,t!% Minor Land Partition Application � I condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). 18.810.110 Bikewavs and Pedestrian Pathwavs Response: The pedestrian access to and from the site is described in 18.810.070.B.1 above. Bikeways are not currently proposed on SW Royalty Parkway. A. Bikeway extension. 1. As a standard, bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan(TSP). 2. Developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. B. Cost of construction. Development permits issued for planned unit developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. C. Minimum width. 1. Minimum width for bikeways within the roadway is five feet per bicycle travel lane. 2. Minimum width multi-use paths separated from the road is ten (10) feet. The width may be reduced to eight (8) feet if there are environmental or other constraints. 3. The minimum width for pedestrian only off-street paths is five (S) feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. (Ord. 02-33, Ord. 99-22) 18.810.120 Utilities Response: There are no existing overhead utilities along the east side of SW Pacific Highway (property frontage), overhead utilities are located along the west right-of- way. There are also no overhead utilities located along the SW Royalty Parkway frontage. It is proposed that utiIities will be provided to the site as underground but may require some surface mounted features such as electrical transformer, connection boxes, or meters. There are no existing utilities to convert from overhead to underground along the property frontages so we are not proposing fee- in-lieu of undergrounding or conversion. Sonic Drive-In Partition `�� Minor Land Partition Application Page 70 �Ll�i:!/ _ _ L:'iCJ A. Under�round utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The City reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Caze shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to under-Qrounding requirement. 1. The developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located cross a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requuements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Subsections 1 through 3 of this section shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The City Engineer shall establish utility service areas in the City. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. Sonic Drive-In Partition � � / Minor Land Partition Application Page 71 �,�� 2. The CiTy Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the City at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the City. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for their review and approval annually. CWS R&O 07-20/USA Requlations— ChaAter 3 ' Response: The site does not contain and is not adjacent to a sensitive land. A Sensitive Area Pre-Screening Site Assessment form was submitted to Clean Water Services (CWS) for the prior development application, and CWS determined that "sensitive areas do not appear to egist on site or within 200' of the site." A copy of that assessment is included with this application for reference. Sonic Drive-In PaRition Pa e 72 �% Minnr I anri Partitinn Annlir.atinn 9 _ r_.. - .. __ r � L..i'i••• • � �1 US �� I , GZ. I�' 1 Siqn Code Adiu� .�ent Narrative Summarv of Proposa/ TMC 18.780.130.C.1.a allows one freestanding sign to be constructed per property within the C-G zone. This proposal will partition the parent parcel into two new lots. Lot 1 will contain the Sonic Drive-In (approved via PDR2009-00001) and Lot 2 will contain a future commercial tenant with a drive-through capable building. In order to meet the applicable code standards for driveway locations, both proposed driveways (one to SW Pacific Highway and one to SW Royalty Parkway) will be constructed on Lot 1. Lot 1 has frontage on both adjacent streets. Access to Lot 2 can only come through Lot 1. For these reasons, the applicant respectfully requests an adjustment to the sign code be allowed in order to place two freestanding signs on Lot 1 near the two proposed driveways. Sign code adjustments are permitte�d per TMC 18.780.140.A: "The Director may grant an adjustment to the requirements of this chapter by means of a Type I or Type II procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.8. Siqn Information The locations of the two proposed signs are shown on the Preliminary Partition Plat included with this application. The proposed signs will be as follows: • Pylon sign (west entry): 70 square feet per face (140 square feet total for all sign faces), 20 feet high. • Monument sign (east entry): 35 square feet per face (70 square feet total for all sign faces), 8 feet high. Approval Criteria The approval criteria for a sign code adjustment are listed at TMC 18.370.020.C.8 and are discussed below. 8. Adjustments to sign code (Chapter 18.780). a. By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the sign code based on findings that at least one of the following criteria are satisfied: (1) The proposed adjustment to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Chapter 18.780, Signs; Response: This adjustment request is not related to sign height. (2) A second freestanding sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage; Sonic Drive-In PaRition Page 1 XM/�r% Sign Code Adjustment Request :�� Response: The proposal meets this criterion. The site has frontage on SW Pacific Highway at the west and SW Royalty Parkway at the east. Driveways will be provided to both streets on Lot 1, so it is necessary to have a freestanding sign on both frontages. In order to avoid visual clutter, and to meet the intent of the sign ordinance, the applicant proposes to advertise the future businesses on Lots 1 and 2 jointly on both signs. The signs will be located at the two driveways as shown on the Preliminary Partition Plat. No freestanding signs will be built on Lot 2, so the applicant is not requesting additional signs,just that they both be permitted on Lot 1. (3) Up to an additiona125% of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of Chapter 18.780, Signs. This increase should be judged according to specific needs and circumstances which necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter; Response: This adjustment request is not related to sign area or height. (4) The proposed sign is consistent with the criteria set forth in Section 18.780.130.G; Response: This adjustment request is not based on Section 18.780.130.G. (5) The proposed exception for a second freestanding sign on an interior lot which is zoned commercial or industrial is appropriate because all of the following apply: (a) The combined height of both signs shall not exceed 150% of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; Response: The code provides for a maximum height of 20 feet. As noted above, the pylon sign will be 20 feet and the monument sign will be 8 feet. Therefore, neither of the two proposed signs will exceed the height allowed in the C-G zone, and the combined height will not exceed 150% of the permitted sign height. (b) Neither sign will pose a vision clearance problem or will project into the public right-of-way; Response: The proposed signs are located to avoid vision clearance issues and will not project into public right-of-way. (c) Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district. Sonic Drive-In Partition Pa e 2 �% Sign Code Adjustment Request 9 n�r _,—. ----- ___------ �z�v -- Response: The code provides a maximum area of 70 square feet per face per sign (140 square feet total). As noted above, the pylon sign will be 70 square feet per face (140 square feet total) and the monument sign will be 35 square feet per face (70 square feet total). Therefore, the combined area will not exceed 150% of the permitted sign area. Also, neither sign will exceed the 20-foot maximum height allowed in the C-G zone. b. In addition to the criteria in Subsection a above, the Director shall review all of the existing or proposed signage for the development a.nd its relationship to the intent and purpose of Chapter 18.780, Signs. As a condition of approval of the adjustment, the Director may require: (1) Removal or alteration of nonconforming signs to achieve compliance with the standards contained in Chapter 18.780, Signs; Response: Noted. (2) Removal or alteration of conforming signs to establish a consistent sign design throughout the development; Response: Noted. (3) Application for sign permits for signs erected without permits or removal of such illegal signs. Response: Noted. Sonic Drive-In PaRition Page 3 ��% Sign Code Adjustment Request i r� � § I 8'-0' � -.—.._.. _-----__ _ _ _ , -- ---------._.I_ ._. I I Top Sign:32 Sq.Ft I ` _ _ ... II I 39 3/16'x 66 3/4"OPTEC MESSAGE �b � CENTER SUPPLIED BY OTHERS � a �' EMC:18.31 Sq.Ft __�'___- ._.. _ _ ._ __._.__ . 883/4' .-�— --I Tenant Sign:19.5 Sq.Ft. 4 � o _.__.T_ N l, . .. ._ _ ._._.._.i s�-s. Q I lh , Total Square Footage:69.81 5q.Ft. � SONIC FAMILY OF SIGNS 30 at 20' OPTEC EMC br Othen COLORS: FACE �� CABINET: BL4CKANODIC ENAMEL HIGH-IMPACT(.125)ACRYIIC COOK NEON SIGNS, INC. �� FACE: DK.BLUE-PMS 2728 SECOND SURFACE DECORATION REa PMS 485 PANNED&TRIPLE EMBOSSED 5382 New Manchester Hwy A.,.,i�1, , LT.BLUE-PMS 278 Tullahoma,TN 37388 e�•�� YELLOW-PMS 109 t' 931�455-0944 XL usho rartry o,Mee ond opaacee(w o►�er so reors � T-0' i ' 2? Tenarn 1 i�i Q � I I � Tenard 2 4 � �o � , . tk �-', �.. i1:..�_. � e�.. , , �!�-�%�'�ilY'�"�!�.�.w�... ' ., ..�. � .-. � � _...� �' .,�_ � - .. . �. .. . � . .. . "^ (:�v Base 3 ' 0" . 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Addltloned opmmonte or informetio�th8t ltsa bn rre�ded to ancfers�tand � Y !�r pro]eot� IZ"tP �C-f� I� c�.�'x.c�r�,l��.(�sc.f�'s P.�u�/Zc,c��an�,c�.��.��i�tal,�x�s.c��d ar.r�1��..,c�, ihls applicatlon dnes NOT�rqplace findinp.�nd Erodon Caitrol PBrmita,Cannec4ion Pem�is,6ui(ding Permlts,6ile DeveiopmeM Pmnit��EC 120�•C P�rtntl o�olherpprmitg.a�tisued by 1he DeparllttenGof�rtyiiaimen�l Qualtly,f7�aMrentof 5tete L.m�ds sndlor Department oHhe Army COE AU roquir�d pem�its add ipptavels.must 6�obtalneQ end oompleted under ap�ltFahle.lacaT;stet�aM fedarellaw. By algnit�g dtta fortri,lha Ovmer ar Ou►ners auN�ar�ed agent or�epresemaUv�,acknwvledpes�t►d agreea.l�at empfoyeesvf Clean Water 9ervlaas have sulhority ; b entor fhe proJaasitesl�II reasona6Da tbnes forthe�puipose.of ineped.�g ponjq�Gsite.cppoltbns.and galhenng Informatlon related to f�a proJect slle. I cerUfy � tl�at I em f�n�iar W�h tfie in[ormadon oordelrted M 1hl�doament�nd lo thebest of m!'k�Med6e erid beUefr 7ds ti�iotmalfcn le Bue�oompl�e�end aocursde, ' P1iM/'T1►pe Ne � PrintlType Title /�o.�w �C-/ Signeture Date: //�7/09 F�F� t]ISTRIC.T llSE ONLY ❑ SenslUve.erses pntenlfelly exlsl on slla cr'wiiFiht?pQ'of lhe 91te. THE APPLICAM MIlST PERFdRM A SlTE ASB�SSMENT PRIOR T018SUANCE QF A j S�RUlCB pRDVmE'Et LEIT�R. If�9ensl8ve i4reaa exiet on Ihe slte.ar wlfhin 20U fe�on a�acent properUes,a N$lural Resourwe Aeaessraer�.fieporl m Iso be�equlr�d. i Besed on ierAew of tha submlft8d m9kriat9 and bee!aveBable InFo�Ination.Sensll�vie a��s do n�l appeer fn e�st an ake or wiWn 2U0'W the site.Thls I Sensti�va Area PreScreedr�g$f1e Assessmenl.doee Nd3 ellminale�a need:lo evelusle end prolect water qua�ry een616ve eram ff.they are suhsequenlly � dlsCOVered,Th1s tlocximent wln serve es yaur Servfoe Provider letteras required by Re�c►lutlon and Orde�D7•20, SeoUnn S.D2.1,�411 requirod permils nnd �' epProvale nwst bo-o6lefned and completed undar epplic861e la�ai,State,ana.rederallaw, drn�.«�e..�e�.�pta,t,s p►�1Gd, i I] Ba�d art revlaw of the suLmilted unateriefa end best evaYehle I�amedon khe e6are refeien�ed p�u�ecl wfll not significenUy fmpacl t�e a�(slfng or pokentlaly senslWe etoa�s)found naar'flia ede.'7hla SensNiveA►ea Ffia-Scre�ing 9ieAsaessrt�rrd dnes NQT elLnlnele t�e need to arakia�e and protect eddNlonal waler quallty sertStMe ereas If thay are au6�equenGy discavered'IBls.dncument N�{II seive es your Servlce Piqv(der IeHer as raqulrsd by R�okrtlan end Order 07 26,Sedlon 8,02,1. AI!iequited pem�ts end eppra►als musl be oblalned end complated und�r applicable loca4 aiate end federal lew. ❑ThI�Service Provfderl.efber le nat valid un oa CWS approved alle plen(a�are atlsdi�d. I]The pmposed ectivltydoes not meel the de6 tlan oF develapment or tha lot wae platied afler 919185 DRS 92.040(2} NQ SITE AS5E55MENT OR SERYICE PROVIQFR LETTER IS R R . Revlewed by ------� � �ale ��Z��(?�-- ___ ---� _ - ------- -- _ .�.-- 11 1 I �'� '.I�.Y,- r r i i-i ( IG '�"., �.�:. � � i r �� 0 .,. AFTER RECORDING RE)� .N TO: wash�,.,,_.,n counry,oregon 2009-080994 ` 09f0412009 03:32:42 PM Joseph S. Voboril D-DTR cr,t=� Stn=6 C MCKINNEY Tonkon Torp LLP S15.00 55.0�511.00-Total�531.09 1600 Pioneer Tower I I I� 888 SW 5�"A venue I I I II I II I I I I II ,I II !I � Portland, OR 97204 01405�84200900809940030034 I,RleharC HobemlcM,Dlndor of Asaee�mant entl ,�'Y—!`± T�x�tlon�nd Ex-�clo County CIsrM for Waehlnpton '-/`��` SEND TAX STATEMENTS TQ: co�my,oreqon,eo ner�ey��rtrcy enat tne wrcn�� ':"':S ; Instrummt of wrltlnp wu rocdwd and ncord�tl in th� ��''i� �� '� booN of rocorda of aald cou ( . E�`. �; ;VIWF Ti ard LLC �"'�"'"`Q ��^^�� °�`'�=�-'��~:�° g Rlthartl Hobemleht,�Ireetor of A�s�sem�M intl _��ky. c% The Wetse!Company Taxation,Ex-OTclo County Clsrk '- 3 2?23 NW Aloclek Drive t�� Suite 1203 �S Hi!lsboro, OR 97124 � � 5 3 � � TRUSTEE'S DEED The true and actual consideration for this conveyance is $900,000.00, which is the entire consideration. RECITALS: {1) Kasch's Garden Centers and Nurseries, Inc. {"Grantor"), executed and delivered to Stewart Title of Oregon, Inc., for the benefit of Zion's First National Bank ("Zion"), a trust deed February 20, 2002, duiy recorded on February 21, 2002, in the records of Washington County, Oregon, Fee No: 2002-020756 (the "Trust Deed"), conveying the property described in Exhibit "A" attached (the "Property"). The Trust Deed was assigned by Zion to � Irwin Leitgeb ("Beneficiary") by Assignment dated August 20, 2009, recorded August 21, 2009, � in the records of Washington County, Oregon, Fee No: 2009-076899. (2)An Appointment of � Successor Trustee appointing Terry DeSylvia as trustee (the "Trustee"), dated August 25, 2009, O was recorded in the records of Washington County, Oregon as Fee No: 2009-078433. (3) � Grantor has defaulted in the payment and performance of the obligations secured by the Trust Deed, and such default existed at the time of the sale described below. (4} To foreclose the ' Trust Deed by advertisement and sale, a notice of default and election to sell the Property was Urecorded on April 6, 2009, in the records of Washington County, O�egor, as Fee No. 2009- � 028468 (the "Notice of Default"). (5) After recording the Notice of Default, as required by faw the Trustee gave notice of the time and place the sale of the Property was to occur, by mailing copies of the Notice of Default, by both first class and certified mail with return receipt � requested, to the last-known addresses of the persons or their legal representatives, if any, z named in ORS 86.740(1} and (2)(a), at least 120 days before the date the Property was scheduled to be sold. (fi) The Trustee published a copy of the Notice of Default in the Daily o Journal of Commerce, a newspaper of general circulation in Washington County, once a week (� for four successive wesks. (7) The iast publication of the Notice of Default occurred more than � twenty days prior to the date of sale. (8)The a�davit(s) required by ORS 86.750 (the � "Affidavits") were duly recorded prior to the date of sale in the county records. (9) The Trustee has no actual knowledge of any person having or claiming a lien on or interest in the Property, other than the persons named in the Affidavits. {10) The Trustee on September 4, 2009, at the time and place fixed by the Notice of Default (or by duly announced postponement), sold the Property in one parcel, at public auction, to MWF Tigard LLC, an Oregon limited liability company (the "Grantee"), for the sum of$900,000.00, that sum being the highest bid at the sale. (11) The Trustee certifies all valid requests for information under ORS 86.757 have been �espanded to within the time allowed by the statute. .• NOW, THEREFORE, by the authority vested in the Trustee by the laws of the State of Oregon and the Trust Deed, the Trustee conveys to Grantee, all the interest which Grantor had, or had the power to convey, at the time of Grantor's execution of the Trust Deed, together with any interest the Grantor or Grantor's successors in interest acquired after the execution of the Trust Deed, in and to the Property. In construing this instrument and whenever the context so requires the singular includes the plural; the word "Grantor" includes any successor in interest to Grantor, as well as each and all other persons owing an obligation, the performance of which is secured by the Trust Deed; the word "Trustee" includes any successor trustee; the word "Grantee" includes any successor in interest to the Grantee; and the word "person" includes a corporation and any other legal or commercial entity. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING �EE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUNfENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERiFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND T� INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER QRS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. TERRY DE Y VIA, rustee STATE OF OREGON ) ) ss County of Multnomah ) This instrument was acknowledged before me on September 4, 20Q9, by Terry DeSylvia, Trustee. OFFICIAL SEAL LlNDA J StGSBEE TARY P LI OR GON NOTARY PUBLIC-OREGON `"�'"�' COMMISSION N0.428098 MY COMMISSION EXPIRES MAY 30,2012 PAGE 2 - TRUSTEE'S DEED y �� EXHIBIT "A" �ARCELI: A portion of Lot 10, WILLOWBROOK FARM, in the City of Tigard, Washington County, Oregon, described as follows: Beginning at a 5/8 inch iron rod at the intersection of the Easterly tine of Pacific Highway (Highway 99-West) with a line 25.0 feet Southwesterly from (when measured at right angles to) the center line of Naeve Road (Washington Caunty Road No. 900); thence South 62° 48' East on a line parallel with the center line of said Naeve Road, a distance of 262.72 feet; thence South 0° 06' 30" East 120.85 feet to a bar at the true point of beginning of the tract herein described; thence continuing South 0° 06' 30" East 100.00 feet to a bar; thence North 89° 52' West 321.OD feet to a point in the easterly right of way line of SW Pacific Highway; thence Northerly 28.00 feet along said right of way line and along the arc of a 2905.0 foot radius curve to the left to a pipe at the end of a curve; thence North 14° 18' 30" East 75.14 feet to a bar; thence South 89° 52' East 294.73 feet to the true point of beginning. Excepting therefrom that portion described in Deed for road purposes, recorded February 16, 1994 as Fee No. 94015432 and subsequentiy dedicated by Desd recorded June 29, 1995, as Fee No. 95044606. PARCEL 11: A portion of Lot 10, WILLOWBROOK FARM, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a 5/8 inch iron rod at the intersection of the Easterly line of Pacific Highway (Highway 99-West) with a line 25.0 feet Southwesterly from (when measured at right angles to) the center line of Naeve Road (Washington County Road No. 900); thence South 62° 48' East on a line parallel with the center line of said Naeve Road 252.72 feet; thence South 0° 06' 30" East 20.85 feet to the true point of beginning of the tract herein described; thence continuing South 0° 06' 30" East 100.0 feet to a bar; thence North 89° 52' West 294.73 feet to a bar in the Easterly right of way fine of SW Pacific Highway; thence North 14° 18' 30" East 103.14 feet along said right of way line to a bar; thence South 89° 52' East 269.45 feet to the true point of beginning. PAGE 3 -TRUSTEE'S DEED PRE-APPLICATION = � C�NFERENCE REQUE C�,'tl��a/�7 r��r�d P�i7»it(.'�nle�• 1312).Slk'Hull Blt�d.. 7 i�urrl. O �� ' � � 1'hane: 503.(3J.-�171 Fux:503.5)8.1J60 JAN 1 5 2010 GENERAL INFORMATION CITY O�TIGAF� �-��+�n�; Applicant: :�i��'F'I'igard I1,C J"The\k'etsel Com�anj• FOR STAFF USE ONLY .-�ddress: 2123 NV�':1loclek Dr. Suite 1203 Phone:1503) 61?-01?5 Cit}•: t�illsboro_OR "l.ip: )7124 Case No.: ��i�D/!J-'C>D�?� )�-_ Receipt No.: r �fP-S� � Contact Person:Afacli�i�•&S�osito _1tm:13ob Sable Phone:,�360�69�-341 l S •T,Q.C-��/'�"l Application.�ccepted B}�: Propetty Owner/Deed Holder(s): ;�1��^Tie�ard LLC Date: � �� 1�U ��.��,��..��,:��,��.:-.,>>>>.: 'l��l�� :�ddress:2123 N\�':�loclek Dr..Stute 1203 Phone:(5031 617-�175 "I'1M}?(1I�PRI?-:1PP.: ��'� Cit��: F-lill�bor�,UA Zij�:97124 1']tl?-Al'1'.1 I1?Ll�Wl'1'Ii: xc.�. �u/tI/u�� Property Addtess/Loeation(s): 15300 SW P.ICIEIC �{�.�- i:\cuq+ln�masters�,land mc aPplicauon�`Prc 1rp Rry�esi:�Pf �"� RE UIRED SUBMITTAL ELEMENTS T'ax;�fap&"I'ax Lot#(s): �fa�2S110D13.'Tax lot 500 (Note: applications wtill�be accepted without the required submittal elements) "Loning: G-C� (General Commerc:ial) � Pre-,�P�lication Conf.Request f�orm tiite tiize: 1.33 acres 6 COPIES EACH OF THE FOLLOWING: � Brief Description of the Proposal and ant- PRE-APPLICATION CONFERENCE INFORMATION site-specific yuesrions/issues that pou would lil:e to ha�e stafE research prior to the meeting. —/(/q r�q��✓� :1ll of the information identified on this fonn are reyuired to be subnutted b}- the arplicant and recei��ed U��die Pla�ming Di�•ision a�ninimum of one(�, v��eek � Site I'lan. "I'he site plan must show tlie. Rrior to offieiall�� schedulin� a �re-apnLicarion conference d•�te/time to allow proposed lots and/or building la}'outs drauni staff ample time to prerare for the meeting. to scale. ;�lso, show the locarion of die subject property in relation to the nearest <� pre-�pplication conference can usuall}'Ue scheduled within i-? ��•eeks of the streets; and the locations of driveways on the Planning Division's receipt of the request for either 'I'uesda�� or lliursda�• subject propert}•and across the street. momin� Pre-applicarion conferences are one (,�l hour long and are typically � \'icuuh� :�1ap. held bet�reen the hours of 9:00-11:00_1:�f. � The Proposed Uses. —�q r�'f�V� PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN � 'Topographic Informarion. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER I.ines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. � If the Pre-.�pplicarion Conference is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE �fONOPOLF? project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affida�-it of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.i 98.080 of the Tigard Communin• Development Code). � Filing f�ec�3?3.f10 � MacKay& Sp Inc. . 1325 SE Tech ,ter Drive Suite 140 Tran sm itta I Letter p Vancouver, WA 98683 ' Phone: 360-6�)5-341 1 Fdx: 360-(��)i-Oti33 MacKay&Sposito, Inc. � -�--r January 15, 2010 � � Cheryl Caines ^�' City of Tigard L.L 13125 SW Hail Blvd. Tigard, OR 97223 �.L . � RE: Pre-Application Request for Sonic Drive-In Partition s � Cheryl, L � Please find attached 6 copies of a pre-application conference request for the Sonic Drive-In Partition � project. We look forward to working with you on this project. � Respectfully, � J MacKay&Sposito,Inc. . ��%� � Bob Sable . ._ Senior Planner 6 copies of pre-application submittal � Application form � Fees � — � C� � � � � t� (!� � � Vancouver, WA Kennewick, WA Wilsonville, OR Bend, OR � PmledonPetycledP�er _ .� CITY OF TIGARL RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Receipt Number: 176595 - 01/15/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE2010-00002 Pre-Application Conference 1003100-43116 $326.00 PRE2010-00002 Pre-Application Conference-LRP 1003100-43117 $47.00 Total: �373.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2433 STREAT 01l15/2010 $373.00 Payor: TWC Drive-In DBA Sonic Total Payments: $373.00 Balance Due: $0.00 Page 1 of 1 �� '� � _ r. t � � \ - M _,a� -� ,+ .; ,� "� . .� �' _ r � � , � � - �-_7y � I �. (� � I r. . . �• �• ��,:� • � �. — �� ` ' � , ,j -. r- i.. �'�. M' , . . - �� r r~ . .. . � - . + ' V � � ► � � � / 7 Y .t'� : i..� � � . . �L i� ,, � � , . ,.� k • � s _ � "�'i, f�, ' w�,:' . � � � � , � ; ��,\��f��i . . . �� ]i.�I�..� � � r � - Prepared for: MWF Tigand LL�C / The Wetsel Company 2123 NW Aloclek Drive,Suite 1203 - Hillsboro,OR 97124 Prepared by: MacKay 8t Spos[t;o, Inc. Bob Sabie,Senior Planner 1325 SE Tech Center Drive,Suite 140 Vancouver,WA 98fi83 - 360.695.3411 _ bsable@mackaysposi#o.com January 2010 : .. . Table of Conter,_, i. Application Form 2. Project Narrative (MacKay & Sposito, lnc.) 3. Vicinity Map 4. Reduced Plans -8.5"x i 1" Conceptual Partition Plat (MacKay & Sposito, Inc.) Existing Conditions Plan (MacKay& Sposito, Inc.) Attached Separately: Full size lans R�CEIVED JAN 1 5 2010 CiTY C3F TIGARD P'I..4N��r�NGINEERlNG Sonic Drive-In Partition �� Pre-Application Conference Request � i PRE-APPLICATION = " CONFERENCE REQUEST City o%Tr�ard 1'e�7rri1 Ce�lter 93125.S1T�Hadl Blvd., "ligard, OK 9'?23 ' � � Phone: 503.(39.4171 Fa:�:503.�98.1�60 GENERAL INFORMATION Applicant: �1\X.'f�'1'igard LLC /The Wetsel Com�an�� FOR STAFF USE ONLY Address: 2123 NW s�loclek Dr.,Suite 12Q3 Pl�one:�503) 617-0175 � City: Hillsboxo,OR Zip: 97124 Case No.: ��-�� G� �C�� `� Receipt No.: ('7 �G'S`�5� Contact Person:ti1acK�y&Sposito I�tui:l3ob Sable Phone:�360)6)5-3�11 S � �,,/ _�pplication Accepted Bj�: ��t%F-e( Property Owner/Deed Holder(s): 1�11�/I'Tigard LI.0 Date: l��'° DA7'f?OI^I'RI3��YP.: �� Address:2123 N�/flloclek Dr._Suite 12U3 Phone:�503,�617-01?5 'I'IM1?OP PR13��YP.: � �. � City: Hillsboro,OR Zip:97124 Plt}�-APP.]�ELll VG'I7't7: Rc��.10/79/O) Pcoperty Addtess/Loeation(s): 1530�SW Pacific Hw�� i:\curpin\rnastcrs\land ase applicauons\l're-App Request A�?p.duc RE UIRED SUBMITTAL ELEMENTS Tax:�1ap&"I'ax Lot#(s): :�4a�2S1]ODB.'I'ax lot 500 (Note: applications a�ill not be accepted w�ithout the requited submittal elements) 7.oning: GG (General Coinmercial) � Pre-,�pplication Conf.Request Form Site Size: 1.33 acrec 6 COPIES EACH OF THE FOLLOWING: � Brief llescription of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the meeting. —/(lq rrtt"t'i V� :�1 of die information identified on this form are requimd to Ue submitted by the aP�licant and received Uv die Planning Di��ision a mini�num of one(.�.�week � Site Plan. The site plan must show the priox to officiall�� scheduling a__nre-arnglication conference date/time to allow proposed lots and/or building layouts drawn staff ample time to prcpare far d�e meeting. to scale. Also, show the location of die suUject property in relarion to die nearest A pre-application conference can usually be scheduled within 1-2 weeks of the streets; and the locations of drivewa}'s on the Planning Division's receipt of the mquest for either Tuesday or 'l�liursda� subject property and across the street. mornin�s. Pre-applicarion conferences axe one (1� hour long and are n-picall}� � \'icinity•Map. held betu�een the hours of 9:00-11:00 r�;�1. � The Proposed Uses. —�4�'Fi V� PRE-AI'PLICATION CONFERENCES MUST BE SCHEDULED IN � 'Topograpluc Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER 1_ines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. � If the Pre-Application Conference is far a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE �SONOI?OI_F project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a capy of the letter and proof ui die INFORM THE C1TY IN ADVANCE SO THAT ALTERNATE ROOM fomi of an affida��it of muling, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was comrleted (see GROUP. Section 1£i.798.080 of the Tigard Corrununity Development Code). � Filing I�ee�373.(�0 Proiect Narrativ. 4verview The applicant, MWF Tigard LLC/The Wetsel Company, seeks to partition the 1.33 acre parcel located at 15300 SW Pacific Highway into two lots for commercial uses. The site is tax lot 500 of map 2S 1 l ODB. The applicant intends to construct a new Sonic Drive-In restaurant on proposed lot l, while lot 2 is proposed to be developed at a later date with a speculative commercial building with drive-through capability. This proposal i� solely for a land division; the partition is being proposed to satisfy a condition of approval for the Sonic Drive-In project, which has already been reviewed and approved by the City of Tigard under case number PDR 2009-OOOOI and Final Order No. 2009-04 PC. Existinq Conditions The property currently contains an abandoned building and associated abandoned greenhouses, all of which will be removed to accommodate future development. The site has frontage on both SW Pacific Highway (at the west) and SW Royalty Parkway (at the east). Les Schwab Tire Center is located to the south, and a used car dealer is located to the north. Water& Sewer An existing water meter will be relocated to the back side of the new sidewalk and utilized for service to the new Sonic Drive-In on proposed lot l. When the second building is developed on proposed lot 2, a new service will be tapped from the main in SW Pacific Highway and a new meter set. The overall demand for both projects is expected to be less than the demand from the plant nursery previously located on the property. Sanitary sewer service will be extended to and through the site from SW Royalty Parkway to the proposed parcel for the future building on lot 2. An associated sanitary sewer easement will be provided for lot 2. The impact of the future development on the existing system will be minimal as the Sonic Drive-In will only have one fixture for each sex in the restrooms. A grease interceptor will be provided in the system to filter sewage from the kitchen as required by codes. Fixtures in the future building on lot 2 are anticipated to be similar to the Sonic Drive-In requirements and will add very little impact to the system. Sformwater Surface runoff from the site will be collected and treated according to the stormwater design guidelines in Clean Water Services Design and Construction Standards for Sanitary Sewer and Surface Water Management, R&O 07-20, and the draft copy of the Low Impact Development Approaches Handbook. Treaced stormwater runoff will be released to the ODOT system located in SW Pacific Highway so detention will be designed to ODOT design guidelines and will, therefore, have a minimal impact on the ODOT system and have no impact on city resources. Sonic Drive-In PaRition Page 1 �% Pre-Application Conference Request � � Streefs & Sidewalks The property has frontage on SW Pacific Highway at the west and SW Royalty Parkway at the east. Appropriate frontage improvements will be made along both streets, including the installation of a 10-foot wide sidewalk along Pacific Highway as shown on the Conceptual Partition Plat and the previously approved Site Plan. Drivewav Access The site currently has two driveways to SW Pacific Highway and none to SW Royalty Parkway. As shown on the attached Conceptual Partition Plat drawing, the applicant intends to provide one driveway to SW Pacific Highway and one to SW Royalty , Parkway. The driveway to Pacific Highway will be at the southwest corner of the site and will be shared with Les Schwab; since Pacific Highway is a divided highway, that access will be right-in/right-out only. The northern driveway access to Pacific Highway will be eliminated. The driveway to Royalty Parkway will be located at the southeast corner of the site and will be full access. SiQns Since the site has frontage on two public streets and will be divided into two lots for two different businesses, the applicant wishes to install two freestanding signs: one a pole- mounted sign near the southwest carner of lot 1 and the other a monument sign near the southeast corner of lot 1. Both signs will be designed to comply with the City's sign ordinance. It is the applicant's understanding that a sign code adjustment will be needed in order to place both signs on the one lot. Sonic Drive-In Partition Page 2 • Pre-Application Conference Request � � Google Maps Page 1 of 1 �Q�)�le rn a('�CJ` Get Google Maps on your phone v ��r � Text the word"GMAPS"to 466453 -- —��—�._._.._—____..___.� ��aiden�ark�T._ � ___—___�.l SW HNlview Ot 5� � �,� .�'r sc aur,«,y� �, � � Cemaay � SW GMrde SI ? 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L �2; �� m�µ� �� W� Day 26,339 Left Week OS Appointments 8 00 30 9 �� 30 1 O 00�Pre-App MWF Tigard LLC 15300 SW Pacific Hwy Sonic MLP Bob Sable 360-695-3411 �CR#1 30� 11 00 Pre-App T5 Equities 15300 SW Pacific Hwy Coffee Stand Chris Edmiston 503-997-9952 � CR#1 30� 12°° PM 30 � o0 30 2 00 30 3 �� 30 4 �� 30 5 �� 30 1/15/2010 10:44 AM 1/1 Network Services r PRE-APPLICATION CONFERENCE NOTES , � ➢ ENGINEERING SECTION Q ` ' Ciry of Tigard,Oregon �ommunity�DeveCopment S ' A�BetterComm ' PUBLIC FACILITIES T8x Mep[sl: 2snoos MWF Ti9ard LLC[Sonicl MLP Proposal Tax Lot[sl: 500 Use i�pe: The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Riqht-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ❑ SW to feet ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ _foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TI6ARD Pr�-Applfcatl�n Cenf�r�nc�Nat�s Page 1�f 6 E�,I�s�rleq��P�r��t S�cU�� ❑ Other: ' ❑ Street improvements ...ay be necessary along , to inciude: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TI6AR0 Proalpplicatlon Conferaace N�tes Page 2 ei 6 Eagla��rte0�sputlNe�t S�CU�� ❑ Other: Aqreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s} to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) �2•) Overhead Utility Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, if approved by the City Engineer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. Sanitary Sewers: Water Supply: Any new installation or relocation of existing water meter will be performed by City crews and invoiced to the developer/applicant. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: John Dalby, (503) 356-4723] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Any detention and water quality facilifies thaf involve both properties wil! need fo have an agreement executed involving both parcels for operations and maintenance of those facilifies. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of CITY OF TI6ARD Pro-Applicat�on Conf�r�nce N�tes Page 3�f 6 EA'Ip��fllly OOpilUq��l SOCUOA on-site water quality facilitie� The facilities shall be designed to r� �ve 65 percent of the phosphorus • contained in 100 percent of , storm water runoff generated from ....�ervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in- lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ❑ Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. Any detentron and water quality facilities fhat involve both properties will need to have an agreement executed involving both parcels for operations and mainfenance of those facilities. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. Other requirements are: Joint access (from Highway 99W and Royalty Parkway) for the two properties requires cross-over easements and agreements for joint maintenance of parking and driveway areas. TRANSPORTATION DEVELOPMENT TAl( In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single- family home. PERMITS Public Facility Improvement �PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. CITY OF TI6ARD Pre-Application Conterence Notes Page 4 ef 6 EnglueAng Departlpent S�etle■ , The Permittee will also be reu�,ired to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,ihe applicani must obtain that permit prior to release of any permits from the Building Diuisian. Buildinq Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, e�. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. CITY OF TIGARD Pro-Applicatim Canfer�nce Notes Page 5 of 6 E�lla��rla!Beo�rt�e�t S�eU�� • PREPAN �Y: a f - ��--�- v � 22 z�(u De e pment Engineer DATE Pho e: 503-639-41T1 Fax: 503-718-2148 templatel Revised: September 2,2003 i:lenglgusldevelopment review\preapplicationslpre2010-00002 mlp sonic.docx CITY OF TI6ARD Pre-Applicatl�n Cenfer�nce Notes Page 6 oi 6 E�glaaMa�D�p�rune�l S�cU�� ;�TY OF TIGARD ., PRE-APPLICATI�N CONFERENCE NOTES ° (Pre-Application�ieeting Notes are�'akd for Si� (6) �lonths) ' ' � PRE-APP.MTG.DATE: � a�P-�� STAFF AT PRE-APP.: CfK, GD I NON-RESIDENTIAL APPLICANT: �'F Tgard,LLC/The Wetsel Co. AGENT: Bob Sable m7acKa�&Spositol Phone: (503) 617-0175 Phone: (360) 695-3411 PROPERTY LOCATION: _1DDRESS/GENER�L LOC_1TION: 15300 S��'Pacific H T.��z�P�s�/LOT#�s�: a� j1U��,�S'r?"� NECESSARY APPLICATIONS: Minor Land Parrition (MLP�,Sign Code Adjustment(VAR) PROPOSAL DESCRIPTION: Divide a 1.33 acre site into two (2� narcels. Lot 1 will be 38,343 sc�uare feet and Lot 2 will be 19,512 sc�uare feet. Install a second freestanding sign along the Royalt�� Parkwa,� f�ta�e. COMPREHENSIVE PLAN MAP DESIGNATION: �'�eneral Commercial ZONING MAI'DESIGNATION: GG (I'D- Planned Develo�ment) ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. �20) �1INI�SL:'M LOT SIZE: None sq. ft �-��erage i��in. lot width:�0 ft. l�1ax. building height: �5 ft. Setbacks: Front: 0 ft. Side: 0 20 ft. Rear:0 20 ft. Corner:_ ft. from street. ��XI�fL.'i�T SITE COVER-�GE: 8� °%. �linimum landscaped or natural�egetation area: 15%. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE ?�PPLIC�NT SHr�LL NOTIF�' .�LL PROPERTY O��NERS ��ZTHIN 500 FEET, INTEREST'ED P?�RTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meering date is required. Please re�riew the Land Use Norification handout concerning site posting and the meeting notice. Meering is to be held�rior to submitrin��our a�licarion or the a�licarion will n�t be acce�ted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. � NARRATIVE (Refer to Code Chapter 18.390) The �PPLIC�NT SH.�I.L SUB�fIT �� N.'�RR.1'I'IVE which pro�-idcs findin�s bascd on the applicablc approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIG�RD Pre-_�pplicarion Conference\ores Page 1 of 8 N(�N-Residrndal Applicationi Planning lli�-ision ticcnon � IMPACT STUDY (Refer iu Code Sections 18.390.040 and 18.390.05U) �s a part of the �PPLICr1TION SL:B1��IITTAL K�;QL'IREMENTS, applicants are required to INCLL-DE I�iI'�-1CT STL'DY with their submittal package. The impact study shall quantift� the effect of the development on public faciliries and services. The study shall address, at a minunum, the transportarion system, including bikeways, the drainage s}�stem,the parks system,the water system,the sewer svstem and the noise impacts of the development. For each public facilin' svstem and type of impact, the studv shall propose improvements necessary to meet Ciry standards, and to mirumize the impact of the development�on the public at large, public facilities systems, and affected pri�Tate propert�� users. In situarions where the Community De��elopment Code requires the dedicarion of real propertti� interests, the applicant shall either specificall� concur with the dedicarion requirement, or pro��ide evidence which supports the conclusion that the real propert`� dedicarion requirement is not roughlv proporuonal to the projected impacts of the development. ❑ ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1 . ��finimum access width: 30 ft. IVlinimum pavement width: 2-� ft . r1ll dri�-eways and parking areas,escept for some fleet storage parking areas,must be paved. Dri�-e-in use queuing areas: N :� . ❑ WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) `�"�I,IL'WAYS SH:1LL EXT'END FRO�1 THE GROUND FLOOR EN"1'R�NCES OR FR01�1 THE GROLTND FLOOR Lr1NDING OF ST:�IRS, ramps, or elevators of all commercial, insuturional, and industrial uses, to the streets which provide the required access and egress. ��'alkways shall provide convenient connecrions between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkwa��s should be constructed benveen a new de�-elopment and neighboring de�relopments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18.730) ➢ S"1REETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: fcct,along thc sitc's boundary. ➢ FL..�G LOT: 10-FOOT SIDE Y.-�RD SETBI�CK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.) BLILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: ► :-�maxirnum building floor area to site area rario (Fr1R) of 1.5 to 1 will e�cist; ► �ll actual building setbacks will be at least half(Yz) of the building's height; and ► The structure will not abut a residenrial zoned district. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREr1SE PRIV�CY�1ND 'I'O EI`I'HER REDUCF, OR EI,I1�fINr�"1'E r1DVERSE NOISE OR VISL��I, IMI'ACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be �ccu�ied by a mixture c>f dc.cidu�us and evergreen rrees and shrubs and must als� achieve a balance between verrical and horizontal planrings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may � be occupied by vegetation, fences, utiliues, and walkways. r'�ddiuonal informarion on required buffer area materials and sizes may be found in the Development Code. The ESTIMr1TED REOL'IRED BUFFER WIDTHS a�licable to�our�ro�osal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN r1DDITION,SIGHT OBSCURING SCRI:ENING IS REQUIRED ALONG: service faciliries,�arking,etc. CITY OF TIG_�RD Pre-.�pplication Conference Notes Pagc 2 of 8 NON-Rezidcntial:\pplicanoni Ylanning lli��sion Scction � LANDSCAPING (Refer ._ �,ode Chapters 18.745, 18.765 and 18.705� S'1REET TREES :�RE RLQL'IRL'D F�OR .�LL DEVELOPMENTS FRONTING ON r1 PL'BLIC OR PRIVr1TE S'IREE'1'as well as driaeways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private properry within six (6) feet of the right-of-way boundarp. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regularions affecting street trees may be obtained from the Planning Di��sion. A �IINIMLM OF ONE (1) TREE FOK EVERY SEVEN (7) PARKING SPr10ES MUST BE PL�INTED in and around all parking areas in order to provide a vegetarive canop�- effect. Landscaped parking areas shall include special design features which effectieely screen the parking lot areas from�riew. These design features ma��include the use of landscaped berms,decorari�-e«-alls,and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.755) rlpplicant should CON'1'.�Cl' FR�NCHISE H��LLER FOR RL�'IL�� AND .-�PPRO�'��L OF SITE SERVICING C0�1P:�TIBILITY. Locaring a trash/recvcling enclosure within a clear ��ision area such as at the intersecrion of two (2) driveways within a parking lot is prohibited. �Tuch of Tigard is within Pride Disposal's Seraice area. Pride Disposal can be reached at (503) 625-G177. ❑ PARKING (Refer to Code Section 18.765.040) REQL IRED parking for this type of use: fast food restaurant—9.9/1,000 sc�uare feet minimum (6 rec�uired). Parking SHO�XN on preliminary plan(s): � s�aces are shown . SECOND�RY USE REQL?IRF.D parking: Parking SHO�'N on preliminan'plan(s): NO MORE TI�-1N 50% OF REQUIRED SP��CES M�1Y BE DESIGNATED AND/OR DIMENSIONED r1S COMI'11CT SP?�CES. Pr1RKING STr1LL,S shall be dimensioned as follows: ► Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. ► Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. Note: Parldng space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang atea in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. H,-�NDIC�PPED PARKING: ► r�ll parking areas shall PROVIDE ?�PPROPRIATELY LOCAT�D AND DIMLNSION�D DISr'�BL�D PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions,is mandated by the �mericans with Disabiliries Act (ADA). � handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ► BICYCLE Rr�CKS r�RE REQUIRED FOR MULTI-Fr�1�1ILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locauons. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.7G5.080) Even� COMMERCIr1L OR INDUSTRIAL BUILDING IN EXCFSS OF 10,000 SQUr1RE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. ❑ BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-F�1MII.Y, COMMERCI��L AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. CITY OF TIG_�RD Pre-.�pplicadon Conference Nores Page 3 oE 8 NON-Residential A�plicntion/Planning lli�ision tiiction ❑ SENSITIVE I.ANDS (R...cr to Code Chapter 18.775) 7'he Code pro�-ides 1tI��GL'I4�'1'IONS FOR I.:�Ni�S �Y'HTCH �RF. P(�TF;NTII�LLY UNSLITABLE FOR DEVELOPMENT DUE TO �REr1S �`ZTHIN THE 100-YE?�R FLOODPLCIIN, N�TUR��L DRr1INAGEWAYS,`�'ETI.r'�ND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT,OR ON UNSTr�BLE GROLND. Staff will attempt to preliminary identify sensitive lands areas at the pre-application conference based on available informarion. HOV�'EVER, the res�onsibility to�recisel�� identif� sensiuve land areas, and their boundaries, is the res�onsibility of the a�licant. �lreas meering the definitions of sensitive lands must be clearl� indicated on�lans submitted with the develobment a��licarion. Chapter 18.775 also provides regulations for the use, protection, or modification of sensirive lands areas. RESIDENTT.�L DF?VFLOPMENT IS PROHIBITF,D�'ITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.080.C) ��en S'I'EEP SLOPES e�st, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Communiry Development Code Secrion 18.775.080.C. The report shall be based upon field exploration and invesrigarion and shall include specific recommendarions for achie`ring the requirements of Secrion 18.77�.080.C. � CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) L.:�ND DE�'ELOP�I�:N"1' .1DJ:�CENT TO S1:NSITI�'E .�1�:.�S shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Desi�n Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensiri�-e area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES ♦ Stzeams u7th intermitrent flow draining: <2�°o � 10 to <50 acres 1� Eeet I 25 feet >50 to <100 acres ♦ E�sting or created wedands<0.5 acre 25 feet ♦ E�sting or created wetlands>0.5 acre <25% 50 feet ♦ Rivers,streams,and springs with year-round flow ♦ Streams with intermittent flow draining>100 acres ♦ I�atural lakes and onds ♦ Streams with intermittent flow drauung: >25% � 10 to <50 acres 30 feet I 50 feet >50 to <100 acres ♦ E�sting or created wetlands >25% �'ariable from 50-200 feet. �feasure in 25- ♦ Rivers,streams,and springs with year-round flow foot increments from the starting point to ♦ Streams with interniittent flow drainin�>100 acres the top of ravine(break in<25%slope), ♦ Natural lakes and ponds add 35 feet ast the to of ravine� +Statting point for mcasurcmcnt=cdgc of thc dcfincd ehanncl(bankful Flo�v) for streams/rivers,delineatcd wcdand boundary,delincatcd spring boundary,and/or avcragc high water for lakes or ponds,whiehc�cr offcrs},�catest resource pcoteetion. Intcmvttent sprin�,]ocated a minimum of 15 Eect within the ri��er/stream or wedand��egetated corridor,shall not serce as a starting point for measurc�rnent. SVegctatcd corridor a�craging or rcduction is allo�vcd only whcn thc�cgctatcd corridor is ccrtificd to bc in a marginal or dcgradcd condirion. �'I'he��egctated corridor c�tends 35 feet from thc toF of thc ra�'ine and sets the outer boundary ot the cegetated corridor. 'l'he 35 fect may bc reduced to 15 feet,if a stamped geotechnical re-port confirms slope stability shall bc maintaincd�vith the reduced setback from the tor of ra�ine. CITY UF TIG_�RD Pre-.�pplication Conference Notes Page 4 of 8 NON-Residcnti�l:Applicanon/Planning lli��ision Sccti�m Restrictions in the Vegetat� �rridor: NO structures, development, construcrion activiues, gardens, lawns, applicarion of chemicals, dumping of any materials of any kind, or other activities shall be pemiitted which otherwise detract from the water qualiry protecrion provided by the vegetated corridor,except as provided for in the C��S Design and Con.rtruction Standards: Locarion of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CRE�T`ES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdi�rision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of an�parcel to be used for the construcrion of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTt1L of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensirive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. � SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTr�I,Lr�TI(�N (�N' �NY SIGN in the Ciry of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. r�lternarively, a Sign Code Exceprion application may be filed for Director's review. ❑ TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PL�3N FOR THE PI�NTING,REMOV�L AND PROTECTION OF TREES prepared by a cerrified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, parririon, site development review, planned development, or condirional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the Ciry's Tree Plan Requirements Handout). THE'1'REE PI.�N SI I11I,L INCLUDE the following: ► Idenrificarion of the locarion, size and species of all e�sting trees including trees designated as significant by the Ciry; ► Idenrification of a program to save e�sring trees or mirigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: � Retainage of less than 25% of e�sring trees over 12 inches in caliper requires a mitigarion program according to Secrion 18.150.070.D. of no net loss of trees; � Retainage of from 25 to 50% of e�sring trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mirigated according to Section 18.790.060.D.; � Retainage of from 50 to 75% of e�sting trees over 12 inches in caliper requires that 50% of the trees to be removed be mirigated according to Secrion 18J90.060.D.; � Retainage of 75% or greater of e�sring trees over 12 inches in caliper requires no mirigarion; ► Idenrificarion of all trees which are proposed to be removed;and ► � protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO � DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Secrion 18.790.060.D. CITI'OF TIG.�RD Pre-��pplication Conference Notes Page 5 of 8 NON-Residential Applicanon/Ylanning llicision Section , . � MITIGATION (Refer to �,ode Section 18.790.060.E.) REPI.�-�Cf�MENT OF A TREE shall take place according to the following guidelines: ► �1 replacement tree shall bc a substanrially similar species considering site characterisrics. ► If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ► If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: � The number of replacement trees required shall be deternvned by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be ��iably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other properry within the ciry,either public properry or, with the consent of the owner,private property. ► The planring of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturin�. IN-LIEL OF "1`REE REPI..�CEMENT under Subsecrion D of this secrion, a party may, with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. � CLEAR VISION AREA (Refer to Code Chapter 18.795) The Cin�requires that CLE�'�R VISION _-�RF�S BE i��1INTr1IN�;ll f3�`I1X'��;N 'I'H�:E (3) r1ND EIGH"1' (8) FEET IN HEIGHT at road/drivewa}', road/railroad, and road/road intersecrions. The size of the required clear vision area depends upon the abutring street's funcrional classificarion and anv exisring obstructions within the clear �rision area. � ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) �1INIML'M LOT FRONT�GE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partiuon must have a minimum of 15 feet of fronta�e or have a minimum 15-foot-wide access easement. The DEPTH OF r�LL LOTS SH1�LL NOT EXCEED 2'/2 TIMES THE t1VERAGE ��'IDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS (highlighted chapters allowed exceptions-see 18.750.070 for allowances) ❑ 18.330(Conditional Use) ❑ 18.620(Tgard Triang�e Desgn Standards) ❑ 18.7CO(Nonconforming Situations) ❑ �H.34O(Directors Interpretation) ❑ 18.630(washington Square Regional Center) ❑ 18.765(Off-Street Parking2oading Requirements) ❑ �8.350(Planned Devebpment) ❑ �$.640(Durham Quarry Desgn Standards) ❑ 'I H.7�5(Sensitive Lands Reviewj ❑ 18.360(site�evebPment Review) ❑ 18.705(AccesslEgresslCirculation) � 18.780(Sgns) � 18.370(VarianceslAdjustrnents) ❑ �5.7�O(Accessory Residential Units) ❑ 18.785(7emporary Use PermiCs) ❑ 'I 8.380(Zonirg MaplText Amendments) ❑ 18.715(Densiry Computations) ❑ 18.790(Tree Remova�) ❑ 18.385(Misce��aneous Permits) ❑ 18.720(Desgn Compatibility Standards) � 18.795(visua�C�earance Areas) � �H.39O(Deasion Making ProceduresJlmpad Study) ❑ �5.725(Environmental Performance Sfandards) ❑ 18.798(wire�ess Communication Faa�i�es) ❑ �5.4�O(Lot Line Adjustments) ❑ �H.T3O(Exceptions To Development Standards) � 1 H.H1 O(Street 8 Utility Improvement Standards) � 18.420(�and Parti6ons) ❑ 18.740(Historic Overlay) (section 18.810.060-Lots) ❑ 1 S.43O(Subdivisions) ❑ 18.742(Home Occupation Permits) ❑ 18.51 O(Residential Zoning Districts) ❑ 18.745(�andscaping 8 Screening Standards) � 18.520(Commeraa�Zoning Districts) ❑ �H.75O(Manufadured/Mobil Home Reguiations) ❑ 18.530(Industrial Zoning Districts) ❑ �8,755(Mixed Solid WastelRecyGing Storage) CIT'Y OF TIG.�RD Pre-.�pplicaaon Conference:�otes Page 6 of 8 N()�i-Kesidential APrlieation/Planning I>i�ision Seeti�n , . � ADDITIONAL CONCERNS COMMENTS: Narrative—�lease address the a�licable code cha�ters.which includes but is not limited to those marked abo�-e. You ma�� want to list criteria which were �reviousl� addressed under the Planned Deaelo�ment Review (PDR2009-00001). These criteria include?�ccess,Buffering/Screening,Parking.Tree Removal.etc. rldjustment - address criteria under 18.370.020.C.8. a-b and �a�� the a�ro�riate fee, which is at �0% of the normal �pplicaaon fee,$310.50 (50%of�621�. Please�rovide an access easement across Lot 1 for the benefit of Lot 2 and an�other necessary easements. PROCEDURE Administrarive Staff Re��ie�v. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Corrunission. Public hearing before the Planning Cominission with the Coinnussion making a recommendarion on the proposal to the Ciri�Council. r1n addiuonal public hearing shall be held b��the City Council. APPLICATION SUBMITTAL PROCESS !�ll .�PPLIC��TIONS MLST BE _-�CCEPTED BY r� PLr1NNING DI�rISION STr1FF MEMBER of the Communin� Development Department at Tigard City Hall offices. PLEASE NOTE: A�Ulications submitted by mail or dro�ed off at the counter without Planning Division acce�tance may be returned. The Planning counter closes at 5:00 PM. Ma�s submitted with an a�lication shall be folded IN ADVANCE to 8'/2" x 11". One, 81/z" x 11" ma� of a �ro�osed �roject shall be submitted for attachment to the staff report or administrative decision. A�ulications with unfolded ma�s shall not be acce�ted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an applicarion is complete within 30 davs of the counter submittal. Staff will norify the applicant if addirional informarion or additional copies of the submitted materials are required. The administrative decision or public hearing will tvpically occur appro�nately 45 to 60 days after an applicadon is accepted as being complete by the Planning Division. Applications invol��ing difficult or protracted issues or requiring review by other jurisdicrions may take additional time to review. W'ritten recommendarions from the Planning staff are issued seven (7) days prior to the public hearing. r1 10-day public appeal period follows all land use decisions. r�n appeal on this matter would be heard by the Tigard City Council. r1 basic flow chart which illustrates the review process is aeailable from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-r1PPLICr1TION CONFERENCE r'�ND THE NOTES OF THE CONFERENCE r1RE INTENDED TO INFORI�7 the prospecrive applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportuniries and constraints affecring development of the site. BUILDING PERMITS PLr1NS FOR BUILDING AND OTHER REI.ATED PERl�1ITS ��'ILL NOT BE�-�CCEPTED FOR REVIE`�' UNTIL :� 1�ND USE APPROV�IL �I.1S BEEN ISSliED. Final inspection approvals by thc Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. :lddirionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underl��ing parcel for that structure will be eliminated when the new plat is recorded, the Citv's �olic� is to a�lv those s�stem development credits to the first bullding ermit issued in the develo ment (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT HE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). CITY(>F TIG.�RD Pre-.1ppGcadon Conference tiores Page 7 of 8 NON-Rcsidcntial:�ppGcation/YlanninK lliaision Secnon PLEASE NOTE: The conterence and notes cannot cover all Code reyuirements and aspects related to site planning that should apply� to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City= staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE RF.QUIRRD IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AF'I'ER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessar��b�� the Planning Di�-ision). PREPARED BY: Chervl Caines CITY OF TIGIIRD PI.�NNING DIVISION PHONE: 503-639-4171 F��: 503-624-3681 DIRECT: 503-718-2437 ENIAIL: che lc@rigard-or.gov TITLE 18 (CIT�'OF TIG_�RD'S C0�11iU:�IT'�'DE�'ELOP�fEtiT CODE) INTERNET ADDRESS: www.tigard-or.gov H:\patty\masters\Pre-_�pp�otes Commercial.doc Updated: 1 G-:�fa}•-08 CITY OF TIG_-�RD Pre-_�pplicarion Conference\otes Page 8 of 8 NON-Residential:�pplicatinni Ylannin�,Di�ic�on ticcnon City of Tigard, Oregon 13125 SWHaII Blvd. • Tiga OR 97223 �� i. ,,:� =� ,. ;�' 1► June 28, 2010 Mr.Jess Wetsel MWF Tigard, LLC c/o The Wetsel Co. 2123 NW r'�loclek Dr., Suite 1203 Hillsboro, OR 97124 RE: Subdivision case number: MLP2010-00001 Mr. Wetsel: On April 27, 2010 the Tigard City Council passed an ordinance to amend the Tigard Community Development Code (TDC) chapters 18.360 Site Development Review, 18.420 Land Partitions, and 18.430 Subdivisions. The approved amendments were in response to the economic downturn. Automatic extensions were granted to these three types of land use cases that would expire during a certain time frame. Our records indicate that you received approval for a Minor Land Partition (I�7LP) that may have been affected by this code amendment (see case number above). If your approved MLP has a larsing date between July 1, 2008 and December 31, 2011, then the approval is automatically extended through December 31, 2012. The new approval period will lapse after this date if: 1) the partiuon has not been recorded or has been improperly recorded with Washington Counry without the satisfactory completion of all condirions attached to the approval; or 2) the fmal recording is a departure from the approved plan. No action is required on your part for the extension because it is automatic. A copy of this letter �vill be placed in the land use file. A copy of the ordinance with adopted language for Land Partitions is enclosed. If you have any questions or concerns regarding the extension or code amendment, please contact me at (503) 718-2437 or cherylcn,ti�a�rd-or.gov. Sincerely, � Ca'`.�,,�-� Cheryl Caines Associate Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 _ ,� CITY OF TIGARG RECEIPT - 13�25 SW Hall Blvd.,Tigard OR 97223 503.639.4171 , � Receipt Number: 179159 - 08/1912010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2010-00001 Land Partition- Final Plat 1003100-43116 $802.00 MLP2010-00001 Land Partition- Final Plat-LRP 1003100-43117 $118.00 Total: $920.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 3832 KPEERMAN 08/19/2010 $920.00 Payor: TWC DRIVE-IN DBA SONIC Total Payments: $920.00 Balance Due: $0.00 Page 1 of 1 R��iVED F€� � � �011 ,�fter Rccording Send a ('o�}� 'fu� CITY q�71GARD :1�plicant or(hvner: '�fVi-`F Tigard I.I.0 PL�MININQ/ENGINEERIN(3 .lddress: 101 ll) tiW I�imbus .��-e., STF. R-9, Portland, OR 97223 �-�� .: t�tt.l»t,�o-000�►� l�`��- I��d l C� ODC��! TREE RESTRICTIVE COVENANT DEED RESTRICTION lleclarant is the c��•ner<>f prc�pern�describe� as Parcel 2 of Partiticm Plat No. 2011-001 , recorded as Document_�i�. ?U1 I-Ufl?�1t3,�k'ashin};tun Ce�untt- I�ook of Rece�rds. I�eclarant has presen-ed �>r retained trees o�-rr an�3 across portic�ns c�f said prc�pert�� in accordance with the Condi[ions of�1p�ro�-al of Cin� �f Ti�ard land use file I�DR?0119-f►0001. .�n�� such preser��ed or retained tree, ma�� be remcn-ed onh- if the tree dies or is hazardc�us accc�rciin� tc� a certified arborist. T7iis deed restricri�n ma�- be remo�-ed or u�ill be considcred in�-alid if all crees presen-ed in accordance with this section should either ciie or be remo��cd as hazardc�us. "1'his restncdon relares specificall�• t�� t«�o trees identified as: 1) a 23" Sweet�um o�-erhan�in� the tic�rth�ti•est corner of the propern�, and 2) a 49" (�iant �eyuoia locatec3 in the Nartheast cc�rner�,f the propern-. 'I'HIS .1(:RF:E�iE:ti'I' shall be deemed a Co�•enant running u•ith the land and i� bindin� up<>n the owners of rropem• described as Parcel 2 of Partiri�n Plat ?�;o �(111-O01 ��'ashin�ton Cr�untt�, (�re�c>n, and their success�rs and assi�ns. I\ V'v'I'1��:SS 'TH��.KF�:Of�, the Declarant has esecured this agreement ��n that date anel �ear set forth belov�•. ' I�}�.(:I��R.-1N"1': � , ss V�'etsel, �fana�er, '�f�Y'1� "I'igard L1.0 S"1':A1�t=. OF OREGON, C;Ot'N'I7' Ul� �':ASHINGI�O?� "I'his instrument was acknow�led�;ed befc>re me br�_L��5 t �e-�5� � �� f.� �•�,k� �) ._ �' -- 7_ 2�,,! \O�1�.\Itl� P��I�1.I(: — C)REGOI�; I):�te \i� (:ummissi<m I:s��rc•� OFFICIAL SEAL LAURIE LEII.ANI FpANKUN NOTARY PUDLIC-OREGON COMMISSION N0.42pp�2 MY COMMtSS10N EXPIRES AUGU3T 7 2011