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CUP1998-00003 EXHIBIT A � 120 DAYS =4/26/99 CITY OF TIGARD Community�Developmettt ShapingA Better Community CITY OF TIGARD `Waskington County, Oregon NOTICE OF FINAL ORDER BY TNE NEARINGS OFFICER - Case Number(s): CONDITIONAL USE PERMIT (CUP) 98-0003 Case Name(s): MOMENTUM MOTORCYCLES Names of Owners: James and Elizabeth Woodley Name of Applicant: Jon Burtness. Momentum Motorcycles Address of Applicant: 12700 SW Pacific Highway City: i ar State: r n Zip: �7223 Address of Property: 12700 SW Pacific Highway City: Ti r State: 4regon Zip: 97223 Tax Map & Lot No(s).: 2S102AC, Tax Lot 01701. Request—➢At the February 8, 1999 Public Hearing, the Hearings Officer opened the hearing on the matter and received public testimony. The record was held open for four days to allow the applicant an opportunity to submit a closing statement. The record in this case closed at 5:00 p.m. on Friday, February 12, 1999. At the close of the case, the Hearings Officer APPROVED, subject to the conditions recommended by City Staff with certain amendments described more herein, a request for Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. Z011e: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. COMPREHENSIVE PLAN DESIGNATION: Central Business District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect priorto the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. ACtion: --➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial NOtICC: Notice was published in the newspaper, posted at City Hall and mailed to: � Owners of record within the required distance 0 Affected governmental agencies � The affected Citizen Involvement Team Facilitator � The applicant and owner(s) Fna!Decision: � DATE OF FILING: FEBRUARY 23, 1999 TNE DECISION SHALL BE FINAL ON MARCH 10,1999,UNLESS QN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. � .' TNE DEAOLINE FOR FILING Of AN APPEAL IS 3:30 P.M.ON MARCH 10,1999. " Quesdons: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF FINAL ORDER BY THE HEAR�NGS OFFICER � ' ' '� . BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an applicadon by Momentum Motorcycles, Inc. ) F I N A L O R D E R for a conditional use pecmit for a motorcycle and limited ) automobile sales ase in an existing building at 12700 ) CUP 98-0003 SW Pacific Highway in the City of Tigard,Oregon ) (Momentum Motorcycles) I. SLfMMARY 1. The applicant requests approval of a conditional use permit{CUP) for a motorcycle and limited automobile sales use in the Central Business District(CBD) zone. 1fie use will be conducted in an existing building and associated exterior improvements at 12700 SW Pacif'ic Highway in the City of Tigard, Oregon (WCTM 2S102AC, Tax Lots 1701 and 1703; the"site").1 The use consists principally of sale and resale of motorcycles and related accessories. The applicant also proposes to accept automobiles as a trade-in for motorcycles and to sell the automobiles from the site. Prior to the close of the public hearing in this case, the applicant proposed to have up to three automobiles for sale on the site at one time. After the hearing and while the record remained open,the applicant requested permission to sell up to five automobiles on the site at any time. 2. The site and surrounding properties are zoned CBD. Other nearby properties in the area are zoned GC (General Commercial). The site abuts the Main Street Village Apart�r►ent development to the northeast. The site abuts an existing commercial building to the south which houses a hair salon and offices. Further south, across McKenzie Street, is a small commercial and office complex. 3. Automobile sales is a conditional use in the CBD zone. Motorcycle sales is not listed as a permitted use in any zone. The applicant requests that the City construe the Community Development Code(`SCDC") to allow motorcycle sales by conditional use permit in the CBD zone,because it is a use similar to other pecmitted conditional uses. 4. A hearings officer held a duly noticed public hearing regarding the application. City staff recommended approval of the conditional use permit, subject to the conditions of approval in the Staff Repon. Two witnesses testified for the applicant and accepted the findings and conditions of approval recommended by City staff. One witriess testified with concems about the noise,traffic and other impacts of the proposed use on the apartment complex east of the site and the commercial complex south of McKenzie Stree� No one else appeared at the hearing or submitted written testimony about the application. S. The testimony and evidence raise the following principal issues in this case: • Whether the CDC should be construed to allow motorcycle sales as a use similar to other uses in the CBD zone. This issue was not disputed. • Whether the particular use proposed in this case generates significant adverse traffic,solid waste and noise impacts that should be mitigated by appropriate conditions or that warrant denial of the CUP application. This issue was disputed by a neighboring property owner. 1 In fact the applicant has been selling motorcycles at the site since March of 1997. That use is illegal, because it was not authorized by city pemut� If the CLTP application is approved,and the applicant complies with conditions of that a�proval, the use will become legal. Hearings O„(j`"rcer Final Order CUP 98-0003 (Momentum MororcyclesJ Page I • If the CUP is approved, whether conditions of approval should require the applicant to increase the landscaping and screening on the site so that it complies with Ciry standards. This issue was raised by the hearings officer at the hearing, and the applicant and City staff responded to it. • If the CUP is approved, how many automobiles should be allowed to be sold on the site at any one time, and what restrictions should be imposed on those sales to address the CUP criteria. The staff and applicant responded to this issue. 6. For the reasons provided and referenced in this final order,the hearings officer construes the CDC to allow motorcycle sales in the CBD zone as a similar use to automobile sales, and approves the conditional use permit for that purpose,subject to the conditions recommended by City staff with certain modifications described more herein. II. FINDINGS ABOUT SITE. SURROUNDINGS AND PUBLIC FACILTI'IES The hearings officer incorporates by refe�nce the fmdings about the site and surroundings in Section III of the City of Tigard Staff Reported dated February 1, 1999 (the "Staff RepoR"), and the findings about public facilities in Secdons V and VI of the Staff Report. III. �APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. I�ARING AND RECORD 1. On February 8, 1999,Tigazd Hearings Officer Larry Epstein(the "hearings officer") held a duly noticed public hearing at City Hall to receive testimony and evidence about this application. That testimony and evidence is included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing,city planner Mark J. Roberts summarized the Staff Report and the applicable approval criteria. He noted that the applicant is requesting to change the use of an existing building. The building previously was used as a real estate office. He noted that the site does not comply with current landscape standards which require a minimum 15-percent of the site be landscaped. However, because the applicant is only requesting a change in use, staff did not recommend the hearings officer require the applicant to provide additional landscaping. He noted that the Oregon Department of Transportation("ODOT"), which is responsible for Highway 99W (Pacific Highway),recommended the applicant redesign the parking lot to remove parking spaces within 20 feet of the site entrance from Pacific Highway and to mark the parking lot with a one-way circulation pattern. 3. Aldee Howard and Jon Burtness appeared on behalf of the applicant, Momentum Motorcycles, Inc_ a. Mr. Howard accepted the Staff Report and proposed conditions of approval without exception or objections. He testif'ied that the applicant will comply with ODOT's recommendations for the parking lot and will provide additional landscaping if required to bring the property into compliance with the Code. Hearings O,�'-icer Final Ordcr CUP 98-0003 (Momen[um Motorcyc[es) Page 2 b. Mr. Burtness testif'ied that he does not allow his customers to test drive . motorcycles due to insurance concerns. For a customer to ride one of the motorcycles, the customer mnst pay for the motorcycle. This eliminates test rides and reduces the potential for adverse effects associated with such test drives. His mechanic occasionally drives the motorcycles, but only on the site. He tries to discourage his customers and employees from riding through adjacent properties. He testified that he was aware of only one incident in which a customer was racing a motorcycle on Ms.Gospodinovic's property. That incident occurned more than one year ago. He testif'ied that any used tires stored on the site are neatly stacked against the north wall of the building and are not visible from off- site. The tires are picked up and recycled on a regular basis. He testified that he displays up to 10 motorcycles along the site's Pacific Highway frontage, on the concrete apron beneath the building awning. He testifieti that he does not intend to display automobiles along Pacific Highway. He intends to have a maximum of three automobiles on the site at any time. He proposed to park the cars in the east portion of the parking lot He does not plan to repair automobiles on the site. 4. Rose Gospodinovic testified thaf she owns the apartment complex east of the site and the commercial complex across McKenzie Street to the south. She expressed concerns about the impacts of the use on her property. She testified that noise from revving motorcycle engines is f�quently audible on her property. She testified that the applicant's customers race through her parking lot wtule test driving motorcycles. The applicant's customers also use her property as a short cut to the site from the south. She expressed concerns about the traffic impacts of the proposed use. She testified that McKenzie Street is congested under eacisting conditions. She testif'ied that the applicant's customers and customers of the adjacent beauty shop and offices park on her property. She testified that the applicant allows used tires to accumulate on the site, and, on three occasions in the past year,tires ended up on her property. 5. City planner Julia Hajduk opined that any limitation on automobile sales should be specific to enable the City to enforce the limitation. 6. The hearings officer held the record open for four days to allow the applicant an opportunity to submit a closing statement. Tfie record in this case closed at 5:00 p.m. on Friday, February 12, 1999. a. Before the record closed, Mr. Howard submitted a letter dated February 9, 1999 in which he requested that the applicant be allowed to store up to 5 automobiles on the site. He argued that there is more than enough room on the site to accommodate such storage. The site contains 20 existing parking spaces. If 5 of these spaces are used for storage/display of automobiles for sale,the remaining 15 spaces will be available for customers and employees of the motorcycle shop. He testified that the stored automobiles will not be visible from the highway. The applicant will use"very limited site advertising." V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by City staff; to wit, motorcycle sales is a use similar to automobile sales and should be allowed subject to the same restrictions; and substantial evidence in the record shows the proposal does or can comply with the applicable standards and criteria for a conditional use permit, and adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. Neanngs O,B`Icer Final Order CUP 98-0003 (Momentum Motorcycles) pa8e j 2. The applicant proposed to establish a motorcycle sales and repair facility with limited automotive sales. Motorcycle sales and repair are not listed uses in any zone in the City. However CDC 18.43 authorizes the decision maker to approve"unlisted" uses which are found to have similar intensity and impacts as a pecmitted or conditional use, subject to the approval sta.ndards in CDC 18.43.050. The hearings officer finds that motorcycle sales and service as proposed herein complies with CDC 18.43.050, based on the following findings: a. Motorcycle sales and service in the CBD zone as a conditional use is consistent with the comprehensive plan,because the comprehensive plan allows automobile sales and service uses in the CBD zone, and motorcycle and automobile sales and services are substantially similar in their potential impacts. They both involve sales, service,storage and display of motor vehicles. They both are relatively land extensive. They both involve the retail sales of relatively large,long-lived consumer products. In terms of their impacts, automobile and motorcycle sales and service(at least as proposed in this case) are sufficiently similar to be ihe same for purposes of the comprehensive plan. b. Motorcycle sales and service is consistent with the purpose of the CBD zone,2 because it contributes to a concentrated,central retail area by adding a new ase. There is no separate intent for the CBD zone. c. As noted above, motorcycles sales and services is substantially similar to and of the same general type as at least one other use permitted by conditional use permit in the CBD zone--- automobile sales and service. d. As noted above,motorcycle sales and service has similar intensity and off-site impacts as other conditional uses listed in the zone,including automobile sales and service and bulk fuel sales. Motorcycle sales and service also has impacts similar to uses permitted outright in the zone. For instance,many other permitted uses in the CBD zone (i.e.,all of the civic and commercial uses) require substantial areas of exterior paving for parldng and display of vehicles and merchandise; most listed uses rely on and generate a substantial volume of consumer vehicular traffic; most operate for extended periods of time; most rely on signs to attract consumer attention. All of these factors make motorcycle sales and services similar in intensity and off-site impact to other uses permitted out�ight or conditionally in the CBD zone_ e. Motorcycle sales and service will have impacts on community facilities (e.g., water, sewer,roads and drainage) similar to or less than other uses permitted in the CBD zone. A motorcycle shop generates relatively little demand for water services or sanitation services compared to many civic uses permitted in the zone, because those civic uses would draw substantially more users for longer periods of time and for more purposes. Based on the TI'E Trip Generation Manual(Sth Ed.), a motorcycle shop generates less traffic than many other uses permitted in the CBD zone. The paved area associated with a motorcycle shop is no greater than that associated with many other uses permitted in the zone,so that drainage impacts of the motorcycle shop also are not gc�eater. 3. Having construed the CDC to allow a motorcycle shop as a conditional use in the CBD zone, the next issue is whether the motorcycle shop and related limited automobile sales proposed in this case complies with the standards for a conditional use permit. The 2 CDC 18.66.010 provides that the purpose of the CBD zone is"to provide for a concentrated,central commercia!office,and retail area which also pmvides civic,high density residential and mixed uses." Hearings O,�`"ecer Final Ordcr CUP 98-0003 (Mamentum Motorcycles) Page 4 Staff Report lists the applicable standards and provides responsive findings with which the hearings officer concurs with the following supplementary findings. a. The site shape and dimensions can accommodate the proposed use in a manner that complies with applicable standards. There is five times more on-site parking than required by the CDC,indicating the site is relatively large given the needs of a typical commercial use and the size of the building existing (or proposed) in this case. There is ample room for on-site storage and display of vehicles without intruding on required . landscaping. Arguably the larger the use,the greater the potential for impacts that cannot be accommodated on-site. However the relatively small size of the building on the site limits the potential impact of the use. lfiere is ample room on the site to eliminate parking in the west twenty feet of the site and to provide for a handicapped parking space and aisle. Conditions of approval are included in the Staff RepoR requiring such improvements. b. The characteristics of the site are suitable for the proposed use, largely because the use can be conducted in the existing building and using mostly existing improvements. Because the site has little topographic relief and is devoid of significant natural features,it is not constrained to accommodate them. The only issue in CDC 18.130.040.A.2 about which the hearings officer finds there is any legitimate basis for dispute is whether the location of the site is suitable. (1) To the east are apartments. Those apartments are largely buffered from activities on the site by a substanrial expanse of pavement betwe�n the site and the apartments. This paved area is parking for the apartments. Therefore activities on the site associated with motorcycle or automobile sales and storage are not reasonably likely to disturb apartment residents to the east because of the large parking and vehicle storage areas that separate the site from those apartments. Also a chain link fence separates the site from the apartment complex,reducing the potential for activities on the site"spilling over" into the residential area. (2) To the north is a mixed residential development that includes townhouses and apartments. One of the townhouselapartment buildings is situated very near the north edge of the motorcycle site, and the doors to the units in that building are elevated and open toward the motorcycle site. There is a roughly five-foot high board-on- board fence along the common boundary between the motorcycle site and the dwellings to the north. That fence provides some buffering, but it would not be sufficient to meet the buffering matrix in CDC 18.100.130(Figure 17). It does not obstruct direct views of the site from the elevated entries and some windows in those units. The limited landscaping on the motorcycle site does not mirigate the potential impact of acdvities on the site particularly as it relates to the nearby residendal units to the north. These characteristics of the site and its location warrant additional screening along the north edge of the site where storage of vehicles and solid waste occurs (i.e., east of the building). This additional screening also will help bring the site into compliance with minimum landscape standards.3 See below. A condition of approval is warranted to this effect. 3 Contrary to the Staff Report,the hearings officer finds no basis in the CDC for waiving scr�eening and landscape requirements simply because the use has existed illegally for two years or because it is proposed where a commercial use once existed. The nonconforming use provisions in CDC 18.132 do not address nonconfarming development of the nature in this case;they do not exempt the motorcycle shop from compliance with othecwise a�plicable regulations. 'Ibe proposed motorcycle shop is treated as a new use, whether or not it has existed illegally in the past. As a new use, it is subject to the standards in effect on the date the application was filed. Applicable standards for a new use include compliance with screening and buffering requirements. Hearings O�cer Final Order CUP 98-0003 (Momentum Motorcycles) page S (3) South of McKenzie Street is a commercial complex with a relatively large paved parldng lot. The owner of that complex testified that customers of the motorcycle shop regularly trespass on her property to gain access to the motorcycle shop; that they park in her lot; and that they engage in other behavior that is disruptive or disturbing. The hearings officer understands this witness believes the site is not a suitable location for the motorcycle use, because of the foregoing alleged impacts of the use on her property. The applicant disputed the allegations. (i) 1fie hearings officer fmds that the evidence conflicts. There is little"substantial"evidence to support either argumen� That is, the owner of the commercial complex did not present any evidence to corroborate her testimony that the customers of the motorcycle shop do the acts of which she complains, and the owner of the motorcycle shop did not present any evidence to corroborate his testimony that her claims are false. In such circumstances, the hearings officer must choose who to believe. (ii) In this case the hearings officer chooses to believe the testimony of the applicant that the clients of the motorcycle shop have little reason to cut- through the parking lot of the commercial complex, because there is adequate direct access to the site from Pacific Highway and McKenzie Stre,et. Also there is litde reason for clients of the motorcycle shop to park on the site of the commercial complex, because there is ample parldng on the site of the motorcycle shop and it is much closer to the shop than is the parking in the commercial complex. (iu) Lasdy, although the hearings officer acknowledges that some clients of the motorcycle shop may engage in inappropriate behavior by accelerating too quickly or speeding, the hearings officer is persuaded by the applicant's testimony that the potential for such inappropriate behavior is minimized by policies and practices of the motorcycle shop. The hearings officer encourages the applicant to continue those policies and practices and to closely monitor and discipline employees and customers who abuse the good will of the neighborhood in which the shop is situated by engaging in inappropriate behavior on or near the site. Failure to do so may result in enforcement proceedings or revocation of the conditional use permi� (iv) Enforcement of zoning regulations and land use decisions in Tigard is complaint-driven. If neighbors observe activities at the site that violate the code or the letter or spirit of this decision, the hearings of�cer encourages those neighbors to seek appropriate enforcement actions by the City. c. There is no dispute to the findings in the Staff Report that adequate public facilities are available to serve the proposed conditional use. � d. The proposed use does or can comply with applicable requirements of the CBD zone based on the relevant findings in the Staff Report and the following. (1) The building in which the use is proposed is situated less than 10 feet from the north property line. That is a nonconforming situation based on CDC 18.100.130. But the building location does not cause or contribute to off-site impacts. It buffers activities on the site from the residential uses to the north. The hearings officer finds the CDC does not require the applicant to relocate the building to comply with required buffers. Hearings O�cer Fina1 Order CUP 98-0003 (Momentum Motorcycles) page 6 (2) The site contains less than 15% landscaping and is not suitably buffered or screened to the north.4 The hearings officer finds the site can better comply with required landscaping and screening by providing a minimum 10-foot wide landscape buffer across the north edge of the double-loaded parking bay on the site and enhancing the existing landscape area to the west where there is room for it.s This will require removal of pavement along the north edge of the double-loaded parking bay at the northeast corner of the site. Fast-growing evergreen vegetation in that landscape strip and along the north edge of that portion of the existing landscape area more than 3 feet wide will ---over time--- reduce the incompatibility between the conditional use and adjoining housing. A condition of approval is wairanted requiring such landscaping to be planned for, installed and maintained in a timely manner. (3) The CBD zone allows automotive sales as a conditional use. It does not limit the number of automobiles that can be sold per lot or per unit of land. The applicant originally proposed to have not mo�than three automobiles on sale on the site at any one time. After the hearing the applicant requested pecmission to store and sell up to five automobiles on the site. Given the lack of restriction in the CDC and the ample parking � available on the site, the hearings officer finds the site can readily accommodate five automobiles for storage and sale without increasing the adverse impacts of the use. Therefore a condition of approval is warranted limiting the number of automobiles accordingly. Also,consistent with the applicant's oral representations, a condition of � warranted is warranted prohibiting the applicant from undertaking substantial maintenance or repair of automobiles on the site. Minor vehicle maintenance should be permitted, such as filling, changing or rotating tires, changing oil or filters, and replacing small parts such as light bulbs or antennas. No body work, painting or other major repairs should be allowed. e. The Staff Report addresses signs and compliance with the applicable policies of the comprehensive plan. Those findings are not disputed. VI. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed motorcycle use is permitted in the CBD as a similar use if it complies with the standards for a conditional use permit The hearings officer further concludes that the proposed motorcycle shop and limited automobile sales facility do or can comply with the applicable criteria and standaxds in the Tigard Community Development Code for a conditional use permit, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. 2. The applicant's request, CUP 98-0003, is hereby approved,subject to the conditions in section II of the Staff Report, with the following amendments: 4 The site consists of tax lots 1741 and 1703. Altogether the site contains 17,860 square feet based on the tax assessment record in the file. 'Iherefore at least 2679 squaze feet of landsca�ing is required to comply with the 15%requirement� There is now 1530 square feet of landsca�ing on the site based on page 4 of the drawings accompanying the application. TLerefore the site requires an addidonal 1149 square feet of landscaping to comply with the 15R'o requirement. � 5 A strip roughly 10 feet wide and 650 feet long will provide an additiona1650 square feet of landscaping. Although less than the total nequired to comply with the 15�o requirement,this new landscaping combined with improvements to the existing landscal�e area,is a propoRionate enhancement of the landscaping and buffering on the site given the potential impacts of the use. Hearings O,@`Icer Final Order CUP 98-0003 (Momentum Motorcycles) page 7 a. Condition of approval3 is hereby added to read as follows: 3. The applicant may store and display for sale not more than five automobiles on the site at any one time. Automobiles for sale shall be stored and displayed only in the portion of the site east of the building. Storage or display of automobiles for sale is prohibited along the Pac�c Highway frontage. Repair or maintenance of automobiles on the site is prohibited,except for minor vehicle maintenance,such as filling, changing or rotating tires, changing oil or filters, or replacing small parts such as light bulbs or antennas. Body work, painting or other major repairs are prohibited. � b. Condition of approval4 is hereby added to read as follows: 4. The applicant shall provide additional landscaping on the site as follows: (A) Within thirty calendar days after the effective date of this decision, the applicant shall submit to the City for review and approval a plan to landscape the north edge of the site. The plan shall show the following: (1) The applicant will remove pavement from at least the north 10 feet of the double-loaded parking bay in the northeast corner of the site and will prepare that sti-ip for planting by adding soil and amendments as needed. (2) In the 10-foot wide strip required above and along the north edge of the site where the existing landscape strip exceeds a width of three feet,the applicant will plant evergreen shrubs that are at least five feet high at planting and are spaced not more than 15 feet apart. The species of vegetation planted shall be capable of achieving a mature height of at least eight feet.STAFF CONTACT: Mark J. Roberts. ' (B) Within thirty calendar days after the effective date of the City decision approving the landscape plan required above, the applicant shall install the approved landscaped materials; provided, if it is untimely to install the landscaping during this time due to seasonal factors, the applicant may post a bond or other financial guarantee satisfactory to the City Attorney to ensure their timely installation within six months. (C) The applicant shall maintain the vegetation. The applicant shall replace with equivalent species and size material any plant that does not survive. D TED this 22nd da bru , 1999. . Larry Eps n, P Tigard He ' gs icer Hearings D�cer Final Order CUP 98-0003 (Momentum Motorcycles) Page 8 Agenda Item: 1.2 Hearing Date: February 8. 1999 Time: 7:00 PM STAFF REPORT TO TNE �: ;�, ;� HEARING'S OFFICER �ITY OF TIGARD ' �'ammunity�DeveCapmcnt FOR THE CITY OF TIGAR�, OREGON Sh��1rr�A�et�rcommun1� 120 DAYS = 4/22199 SECTION I. APPLICATION SUMMARY MOMENTUM MOTORCYCLES CASE: Conditional Use Permit (CUP) 98-0003 APPLICANT: Momentum Motorcycles, Inc. OWNER: James & Elizabeth Woodley Attention: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 PROPOSAL: The applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District. ZONING DESIGNATION: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. �ECTION IL STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, staff recommends APPROVAL, subject to .the foflowing recommended conditions of approval:� � � �- :`e�;�� 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�NOMENTUM MOTORCYCLES PAGE 1 OF 7 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: (Unless otherwise noted, the staff contact shali be MARK ROBERTS, - : Planning Department 503-639-4171.) � 1. The applicant shall comply with the ODOT requirements regarding access to the site and placement of parking described under Section VI of this report. A revised site plan shall be submitted indicating final site design. 2. The ADA accessible parking space shall be sized and designated in accordance with ORS 487. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS DECISION SHALL RENDER THIS DECISION VOID. �ECTION 111. BACKGROUND INFORMATION � Site Historv: The subject property is located on SW Pacific Highway, west of SW Main Street and adjacent to the Main Street Village Apartments property. The site is currently developed with a single-story commercial building which was previously used as a real estate office and is now used for motorcycle sales. The motorcycle sales use was established on the site in March 1997 and the applicant subsequently applied for a Conditional Use Permit in 1998 as required by Code Compliance. Vicinity Information: The site abuts the Main Street Village, a 15-acre apartment development, to the northeast. The site is surrounded by property zoned CBD. Other nearby property in the vicinity of SW Pacific Highway are zoned General Commercial. The zoning transitions to high-density and medium-density residential and then to low-density residential with distance from the highway. The site is located adjacent to another commercial building containing offices and a hair salon. The two buildings share an access from SW Pacific Highway. Site Information and Proposal Description: The site is already developed with a building, parking area, landscaping etc. The motorcycle sales use has been ongoing since March 1997. The Conditional Use Permit is requested by the applicant to legitimize the existing use. In addition, the applicant seeks approval to expand the use to include limited sales of automobiles. The proposal would allow the applicant to take automobiles in trade against motorcycle sales and then to sell them directly from the premises. The applicant has stated that the anticipated number of cars that would be located on-site at any one time would not exceed 3. �ECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�vIOMENTUM MOTORCYCLES PAGE 2 OF 7 COMPLIANCE WITH C,.,�VIMUNITY DEVELOPMENT COD� �cCTIONS: This application was submitted on June 23, 1998, before the 11/26/98 effective date of the revised Tigard Community Development Code. Therefore, pursuant to ORS 227.178(3), the proposal has been reviewed for compliance with the applicable code standards in effect at the time of submittal. The proposal under consideration is a change of use. The proposed use is a conditional use, whereas the previous office use was permitted outright. The approval standards of Chapter 18.130 are therefore, the governing standards and are addressed immediately after the standards of the underlying CBD zoning district. Chapter 18.66 Central Business District (CBD� Zone Use Classification: The applicant requests Conditional Use approval for a motorcycle and limited used automobile sales operation. This use is classified in Code Section 18.42 (Use Classifications) as "Automotive and Equipment: Sales/Rentals, Light Equipment°. Code Section 18.66.040.A.2 lists light automotive sales as a Conditional Use in the CBD Zoning District. Dimensional Requirements: Section 18.66.050 provides the dimensional standards of the CBD zone. The CBD zoning district has no minimum lot area requirements, no minimum lot width requirements and no setback requirements except that a 30-foot setback is required where a commercial use abuts a residential zoning district. Since the site is surrounded by property within the CBD zoning district, the 30-foot setback requirement does not apply. The Additional Setback standards of Chapter 18.96 and the Buffering standards of Section 18.100.130 also apply and are considered later in this report. The dimensional standards of this Section require a maximum building height of 80 feet and the existing structure is approximately 24 feet high. This section requires that the maximum site coverage in impervious surFaces shall be 85%, with 15% landscaping provided. The applicant's site plan indicates that only 11% of the site area is currently landscaped. However, since the non-conforming condition is pre-existing and since the change of use will not increase the degree of non-conformity, the applicant is not required to bring the site up to standard. Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use; The space needs of the proposed use include retail floor space for display, sales, storage, office space, etc. and extenor space for off-street parking, circulation and access. The retail floor space is provided within the existing structure although some motorcycles are placed on display in front of the building on the Pacific Highway frontage. The fact that the motorcycle sales use has been in operation for almost two years indicates that the size of the space is adequate for the use. The proposed automobile sales aspect of the use would presumably also occupy exterior display space although the applicant has not identified any specific areas where this would occur. Section 18.106.030.C.7.g requires minimum off- street parking of 1 space per 1,000 square feet of gross floor area, but not less than 4 spaces per establishment. The site plan indicates that 21 parking spaces are provided, in excess of the minimum requirement. The site dimensions therefore are adequate for provision of off-street par{cing associated with the use and provide additional space for display and storage of used cars as proposed. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. As discussed above, the size of the property is adequate for the proposed use. The shape and location of the property gives the site 30 feet of frontage on Pacific Highway, an established State highway and local arterial route lined with commercial land uses. The site is flat and is fully developed. There are no natural features. 218/99 HEARING'S OFFICER PUBIIC HEARING CUP 98-0003�VIOMENTUM MOTORCYCLES PAGE 3 OF 7 All required public facilities have adequate capacity to serve the proposal. The site is � fully developed and is located adjacent to SW Pacific Highway. The site has existing wate�, � sanitary and storm sewer. The proposed automotive sales use is unlikely to be more intensive in terms of these public facilities than the previous real estate office use. Storm water runoff will not increase as a result of this proposal since no additional hard surface area is proposed. Southwest Pacific Highway is fully improved. The site will, therefore, continue to be adequately served by existing public facilities. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable requirements of the CBD zoning district are addressed eariier in this report. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. The applicable standards of Chapter 18.114 and Section 18.120.180 are discussed later in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Standard Dimensional Requirements for Automobile Sales uses: Section 18.130.150.5.a.(i) requires landscaping and screening in five feet of the perimeter setback. As noted earlier, the CBD zone does not require a perimeter setback. However, Section 18.130.040.C.3 gives the Hearings Officer authority to impose additional setback areas as a condition of a Conditional Use. It is Staff's opinion that the proposed use will have less visual impact than a typical automotive sales use since the motorcycle sales area is mostly indoors and since the used ca� sales will be limited to just a few cars. Staff, therefore, believes that landscaping and screening around the entire perimeter is not necessary but that landscaping and screening is appropriate along the site's northeast boundary where the commercial use abuts a residential use - the Main Street Village apartments. The applicanYs site plan indicates that landscaping in the form of grass sod is provided along the northeast property line. Although the landscaped area is only about 3 feet wide between the building and the fence, this condition is dictated by the existing position of the building over which the applicant has no control. The applicanYs narrative indicates that a sight-obscuring fence also exists along this property line providing the screening required by this section. Staff recommends that the Hearings Officer find that the existing landscaping and screening satisfies this criterion. Chapter 18.120 — Site Development Review: As noted under approval criterion #5, the applicable standards of 18.120.180 also apply as approval standards of a conditional use. Staff finds that the proposal contains no elements related to the following Chapters �eferenced under 18.120.180 or is expressly exempted from the provisions of those Chapters and that they are, therefore, inapplicable as approval standards: 18.120.180.A.1(a) Sensitive Lands; (b) Manufactured Homes; (c) Density Computation; (d) Accessory Use and Structures; {e) Additional Yard Area Requirements; (fl Building Height Limitations; .(g) Landscaping and Screening; (h) Visual Clearance Areas; (i) Off-Street Parking; (j) Access, Egress and Circulation; (I) Tree Removal; (m) Street and Utility Improvement Standards. The provisions of subsection (k) Chapter 18.114, Signs, are applicable, as previously noted and are addressed elsewhere in this report. The following are the specific Site Development Review approval criteria: 18.120.180.A.2, Relationship to the Natural and Physical Environment. This section is not applicable because the site is already developed and contains no natural features. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�vIOMENTUM MOTORCYCLES PAGE 4 OF 7 18.120.180.A.3, Exteri. �levations. This section refers tc. �sidential structures and is, therefore, not applicable to this commercial use. 18.120.180.A.4, Buffering, Screening and Compatibility between Adjoining Uses. This section requires that buffering and screening be provided between different types of land uses. The change of use proposed is from one type of commercial use to another. The commercial use of the existing building pre-dates the development of the adjacent property to residential use and no new structure is proposed. Therefore, this criterion does not apply. 18.120.180.A.5, Privacy and Noise. Subsections a. through c. of this section refer to residential development and new construction and, therefore, do not apply. Subsection d. requires that uses that create noise, lights or glare be buffered from adjoining residential uses. Since the proposed use is not a repair or body shop, staff finds no reason to believe that the proposed use will create more noise than any other retail use with associated parking. Furthermore, the site's location adjacent to Pacific Highway is in an area of significant background noise. Staff recommends the Hearings Officer find that the proposed use will not generate noticeable additional noise. 18.120.180.A.6, Private Outdoor Area; 18.120.180.7.A.7, Shared Outdoor Recreation Areas. These standards are not applicable as they deal exclusively with residential uses. 18.120.180.A.8, Development in the Floodplain. This standard does not apply because, according to the FEMA floodplains map, the subject property is not located within the 100-year floodplain. 18.120.180.A.9, Demarcation of Public, Semi-Public and Private Spaces: Crime Prevention and 18.120.180.A.10, Crime Prevention. These sections do not apply because the design of site improvements and the structure on the property are pre- existing and not affected by the proposed change of use. 18.120.180.A.11, Access and Circulation, 18.120.180.A.12, Public Transit and 18.120.180.A.13, Parking. These sections do not apply because the site is already developed and the proposed change of use does not require additional parking (the previous office use required 1 space per 200 square feet and the proposed automotive sales use requires 1 space per 1,000 square feet) or any change to the access and circulation design. 18.120.180.A.14, Landscaping. This section requires that a minimum of 15% of the gross site area be landscaped. This standard is addressed ea�lier under the Dimensional Standards of the CBD zoning district. 18.120.180.A.15, Drainage. The storm water drainage system for the site is already in place and no additions or modifications to the hard surface area are proposed. Therefore, this criterion does not apply. 18.120.180.A.16, Provision for the Handicapped. The use is required to provide less than 25 parking spaces and is, therefore, also required to provide 1 ADA accessible parking space. This one space must be van accessible and must be sized and designated as required by ORS Chapter 487,. As noted below, ODOT has expressed concern over the location and orientation of the accessible parking space indicated on the site plan. ODOT recommends the site plan be redesigned so that there are no parking spaces within 20 feet of the access to SW Pacific Highway. The condition of approval requires that a revised site plan be submitted that demonstrates compliance with ODOT �equirements and that the van accessible parking space be sized and installed as required by ORS 487. 18.120.180.A.17, Signs. Compliance with the Sign regulations of the Community Development Code is addressed below. ?J8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 5 OF 7 18.120.180.A.18. This subsection requires that the proposal comply with all of the regulations of the underlying zone. The CBD zoning district standards are addressed earlier in this report. Chapter 18.114, Signs: This chapter regulates the allowable signs associated with the proposed conditional use. Section 18.114.130.C.1 sets out the specific area limits for allowable sign-types within the CBD zoning district. The applicant has not indicated the size and location of any existing on-site sign or proposed any new sign as part of this application. If the conditional use is approved, the applicant must apply for and obtain any required sign permit from the City's Development Services staff. SECTION V. OTHER STAFF COMMENTS The Building Division has reviewed this request and provided the following comment: • If inspection of use finds use of flame or flammable liquids used in the process of auto- repair within the shop, the use becomes an H-Y occupancy and restrictions will be enforced by Tualatin Valley Fire and Rescue and the City Building Division. The Engineering Department and Police Department have reviewed this request and provided no comments or objections. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed the proposal and provided the following comment: • The applicant is required to fill out an Agency Sewer Use Information Card. Please contact the Source Control Division at 844-8931. The Oregon Department of Transportation (ODOT) has reviewed the proposal and provided the following comments: • The access to the property will be from the existing access. The access will be restricted to an entrance only. The applicant is required to obtain an access permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is too close to the access point and may cause conflicts at the access location. The site plan should be redesigned such that there are no parking spaces within 20 feet of the access. • ODOT permits are required for access and all work in the State right-of-way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-5002 for applications and information. 2J8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 6 OF 7 STAFF RESPONSE: The above ODOT requirements will be met through conditions of approval. Staff has studied the site plan and finds that removal of parking spaces within 20 feet of the access will not reduce the level of parking provided below that required by Chapter 18.106. No further comments or objections have been received. February 1. 1999 PREPARED BY: Mark J. Roberts DATE Associate Planner ! � �� February 1. 1999 APPROVED BY: Richard Bewer DATE Planning Manager i:\curpinUnjrlcu p\cu p98-03.rpt 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�v10MENTUM MOTORCYCLES PAGE 7 OF 7 1 ; i I � � � i �`r i �..�. �.. �xi.,..v O t+E�q.E t'on tnm� �p � _ � � neD 0 pp5t}INpSiRVCTURE ]�00�f'T �� L� J � � � � 3 � o ro � _ � o a � � V a� � � �,,. �■ '"" 'm.^a�""�Q ' -� Z i �.:,.�,.'.. � '°°° ..n�o.s ..00..w ��. � � a �:� ��m �� w��" b � '°T �* J R1GHT OF WAY RMHT OF WAY DftIVEWqY � � ^ �A, Li � � � � � Q i � � . � � u.. ; � ' � ' � ' � �l � ~ V � MCKENZIE STREET -� DEAD END � i CASE NO[Sl&CASE NAME[SI: SITE�PIAN cuP 9s-0003 EXNIBtT MAP N Momentum Motorcycles . r OEOO�A�MIC iwfORU�i�pM 6vtiEY N �C�c VICINITY MAP I ,o� � — — ' Q = _ _ _ — — u.r 5 CU P 98-0003 ST _ _ _ _ _ _ � �P�� MOMENTUM � � MOTORCYCLES �� F SUBJECT PARCEL ST � . �°' � I �9 • �ZG� N , � 0 100 2D0 300 �00 Fsat 1'•J02 f»t 1 �� qsy � .(�� Ciry of Tigazd �/ O Inlortna6on on thit map is for qanml IocaGon onty and l� ahwW b�wnMd wilh N�D�vNopmsnl S�rvkws Divi+ion. �I� 1J125 SW Hall Blvd Tiyard,OR 9722J � �/ (503)6344171 '� !/ MipJ,ww�«.ei.tip.ro.o�.u, Community Development Plot date:Jan 19, 1999;C:lmagicWIAGICO2.R CITY OF TIGARD �'ommunity�DeveCopment S(zapingA Better Community PUBLIC HEARING HOTICE � NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. FEBRUARY 8, 1999 AT 7:QQ PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT[CUPI 98-0003 . FILE TITLE: MOMENTUM MOTORCYCLES APPLICANT: Momentum Motorcycles, Inc. OWNER(S): James & Elizabeth Woodley Contact: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE � REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATfON. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF 2/8/99 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE SUPPORT TO THE APPLICATION AF : JANUARY 19. 1999 ANY PARTY IS ENTITLED TO REQUEST A CONTINuANCE OF THE HEARING. IF THERE IS �v0 CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS.ASSOCIATE PLANNER AT(503)639-4171 (x315), TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ��. N ��c1 A�� I> a W ST � �� tiiC,� �'y�iF SUBJEQ � �PARCEL sT �� C; �� 2G � �� /� �c , /<� ,� CUP 98-0003 MOMENTUM MOTORCYCIES NOTICE OF 2/8/99 HEARINGS OFFICER PUBLIC HEARING /,. CITY OF TIGARD Community�DeveCopment SFiaping A Better Community CITY OF TIGARD HEARINGS OFFICER FEBRUARY 8, 1999 - 7:00 P.M. AGENDA I. CALL TO ORDER 2. PUBLIC HEARING 2.1 SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION SITE DEVELOPMENT REVIEW (SDR) 98-0023 CONDITIONAL USE PERMIT (CUP) 98-0005 PROPOSAL: The applicant has requested Site Development Review and Conditional Use Permit approval to construct a 6,000 square foot addition to the existing church for additional Sunday school dassroom space. LOCATION: 9725 SW Durham Road; WCTM 2S1 I ICD,Tax Lot 00400. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. 10NING DESIGNATION: R-1. APPLICABLE REVIEW CRITERIk Community Development Code �hapters in effect at time of application submittal 18.32, 18.52, 18.100, 18.102, 18.106. 18.108, 18.1 I6, 18.120, 18.130, 18.150 and 18.164. 2.2 MOMENTUM MOTORCYCLES CONDITIONAL USE PERMIT (CUP) 98-0003 PROPOSAL: The Applicant has requested Conditional Use Permit approval for a change of use to motorryde and limited automobile sales. LOCATION: 12100 SW Pacific Nighway; WCTM 2S102AC,Tax Lot 01101. COMPREHENSIVE PLAN DESIGNATION: Central Business District. 10NING DESIGNATION: Central Business District (CBD). The CBD zaning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEAAING'S OFFIfER PAGE 2 OF 2 2/8/99 PUBLIC HEARING AGENDA CITY OF TIGARD HEARING'S OFFICER FEBRUARY 8, I 999 — 7:00 P.M. TOWN HALL TIGARD CITY HALL, 1 3 125 SW HALL BOULEVARD TIGARD, OR 97223 �r.c�a�s.i«��i��ir.�,.-..,e.-.r..�_ e.ri.r�isrs.-..sr.rrrwas.rr.r.i.r.iarr,a.r.r.n,rrr.rir.r.vo�.�.,�.r.�+xrx.r�-.e,sar.r.+�.o.r:r,rx�a�.�� / R� e � ; —__---�1� � Anyone wishing to speak on an agenda item must sign-in on r - the appropriate sign-in sheets. � , , Ii.�.ez:i<i�i;i�;�-�«x -, vw.;.e.,.ar.�.�.��raan:�,rsi.r.�.�<,ri:�sirii.��iu.e�>i-i�vi,ii;�iuuu.ii:iiiui.�aru..irw:�ir.rr�i.d.� PuB��c NoTicE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-411 l, Ext. 320 (voice) or (503) 684-2712 (TDD - Telecommunications Devices far the Dea�. Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OYER FOR HEARING AGENDA ITEM(S) fITT OF 11GARD HEAAING'S OFFIfEA PAGE I OF 2 2/B/99 PUBIJ(HEARING AGENDA � Agenda Item: 2.2 Hearing Date: February 8, 1999 Time: 7:00 PM STAFF REPORT TO THE HEARING'S OFfICER CITY OF TIGARD Community�DeveCopmcnt FOR THE CITY OF TIGARD, OREGON SkapingA�etterCommunity 120 DAYS = 4/22/99 �ECTION I. APPLICATION SUMMARY MOMENTUM MOTORCYCLES CASE: Conditional Use Permit (CUP) 98-0003 APPLICANT: Momentum Motorcycles, Inc. OWNER: James & Elizabeth Woodley Attention: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 PROPOSAL: The applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District. ZONING DESIGNATION: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�vIOMENTUM MOTORCYCLES PAGE 1 OF 7 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: (Unless otherwise noted, the staff contact shall be MARK ROBERTS, Planning Department 503-639-�4171.) 1. The applicant shall comply with the ODOT requirements regarding access to the site and placement of parking described under Section VI of this report. A revised site plan shall be submitted indicating final site design. 2. The ADA accessible parking space shall be sized and designated in accordance with ORS 487. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS DECISION SHALL RENDER THIS DECISION VOID. SECTION III BACKGROUND INFORMATION Site Histork The subject property is located on SW Pacific Highway, west of SW Main Street and adjacent to the Main Street Village Apartments property. The site is currently developed with a single-story commercial building which was previously used as a real estate office and is now used for motorcycle sales. The motorcycle sales use was established on the site in March 1997 and the applicant subsequently applied for a Conditional Use Permit in 1998 as required by Code Compliance. Vicinity Information: The site abuts the Main Street Village, a 15-acre apartment development, to the northeast. The site is surrounded by property zoned CBD. Other nearby property in the vicinity of SW Pacific Highway are zoned General Commercial. The zoning transitions to high-density and medium-density �esidential and then to low-density residential with distance from the highway. The site is located adjacent to another commercial building containing offices and a hair salon. The two buildings share an access from SW Pacific Highway. Site Information and Proposal Description: The site is already developed with a building, parking area, landscaping etc. The motorcycle sales use has been ongoing since March 1997. The Conditional Use Permit is requested by the applicant to legitimize the existing use. In addition, the applicant seeks approval to expand the use to include limited sales of automobiles. The proposal would allow the applicant to take automobiles in trade against motorcycle sales and then to sell them directly from the premises. The applicant has stated that the anticipated number of cars that would be located on-site at any one time would not exceed 3. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�+AOMENTUM MOTORCYCLES PAGE 2 OF 7 ' COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: This application was submitted on June 23, 1998, before the 11/26/98 effective date of the revised Tigard Community Development Code. Therefore, pursuant to ORS 227.178(3), the proposal has been reviewed for compliance with the applicable code standards in effect at the time of submittal. The proposal under consideration is a change of use. The proposed use is a conditional use, whereas the previous office use was permitted outright. The approval standards of Chapter 18.130 are therefore, the governing standards and are addressed immediately after the standards of the underlying CBD zoning district. Chapter 18.66 Central Business District (CBD) Zone Use Classification: The applicant requests Conditional Use approval for a motorcycle and limited used automobile sales operation. This use is classified in Code Section 18.42 (Use Classifications) as "Automotive and Equipment: Sales/Rentals, Light Equipment". Code Section 18.66.040.A.2 lists light automotive sales as a Conditional Use in the CBD Zoning District. Dimensional Requirements: Section 18.66.050 provides the dimensional standards of the CBD zone. The CBD zoning district has no minimum Iot area requirements, no minimum lot width requirements and no setback requirements except that a 30-foot setback is required where a commercial use abuts a residential zoning district. Since the site is surrounded by property within the CBD zoning district, the 30-foot setback requirement does not apply. The Additional Setback standards of Chapter 18.96 and the Buffering standards of Section 18.100.130 also apply and are considered later in this report. The dimensional standards of this Section require a maximum building height of 80 feet and the existing structure is approximately 24 feet high. This section requires that the maximum site coverage in impervious surFaces shall be 85%, with 15% landscaping provided. The applicanYs site plan indicates that only 11% of the site area is currently landscaped. However, since the non-conforming condition is pre-existing and since the change of use will not increase the degree of non-conformity, the applicant is not required to bring the site up to standard. Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use; The space needs of the proposed use include retail floor space for display, sales, storage, office space, etc. and exterior space for off-street parking, circulation and access. The retail floor space is provided within the existing structure although some motorcycles are placed on display in front of the building on the Pacific Highway frontage. The fact that the motorcycle sales use has been in operation for almost two years indicates that the size of the space is adequate for the use. The proposed automobile sales aspect of the use would presumably also occupy exterior display space although the applicant has not identified any specific areas where this would occur. Section 18.106.030.C.7.g requires minimum off- street parking of 1 space per 1,000 square feet of gross floor area, but not less than 4 spaces per establishment. The site plan indicates that 21 parking spaces are provided, in excess of the minimum requirement. The site dimensions therefore are adequate for provision of off-street parking associated with the use and provide additional space for display and storage of used cars as proposed. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. As discussed above, the size of the property is adequate for the proposed use. The shape and location of the property gives the site 30 feet of frontage on Pacific Highway, an established State highway and local arterial route lined with commercial land uses. The site is flat and is fully developed. There are no natural features. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 3 OF 7 All required public facilities have adequate capacity to serve the proposal. The site is fully developed and is located adjacent to SW Pacific Highway. The site has existing water, sanitary and storm sewer. The proposed automotive sales use is unlikely to be more intensive in terms of these public facilities than the previous real estate office use. Storm water runoff will not increase as a result of this proposal since no additional hard surface area is proposed. Southwest Pacific Highway is fully improved. The site will, therefore, continue to be adequately served by existing public facilities. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable requirements of the CBD zoning district are addressed ea�lier in this report. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if appficable, are met. The applicable standards of Chapter 18.114 and Section 18.120.180 are discussed later in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Standard Dimensional Requirements for Automobile Sales uses: Section 18.130.150.5.a.(i) requires landscaping and screening in five feet of the perimeter setback. As noted earlier, the CBD zone does not require a perimeter setback. However, Section 18.130.040.C.3 gives the Hearings Officer authority to impose additional setback areas as a condition of a Conditional Use. It is Staff's opinion that the proposed use will have less visual impact than a typical automotive sales use since the motorcycle sales area is mostly indoors and since the used car sales will be limited to just a few cars. Staff, therefore, believes that landscaping and screening around the entire perimeter is not necessary but that landscaping and screening is appropriate along the site's northeast boundary where the commercial use abuts a residential use - the Main Street Village apartments. The applicanYs site plan indicates that landscaping in the form of grass sod is provided along the northeast property line. Although the landscaped area is only about 3 feet wide between the building and the fence, this condition is dictated by the existing position of the building over which the applicant has no control. The applicanYs narrative indicates that a sight-obscuring fence also exists along this property line providing the screening required by this section. Staff recommends that the Hearings Officer find that the existing landscaping and screening satisfies this criterion. Chapter 18.120 — Site Development Review: As noted under approval criterion #5, the applicable standards of 18.120.180 also apply as approval standards of a conditional use. Staff finds that the proposal contains no elements related to the following Chapters referenced under 18.120.180 or is expressly exempted from the provisions of those Chapters and that they are, therefore, inapplicable as approval standards: 18.120.180.A.1(a) Sensitive Lands; (b) Manufactured Homes; (c) Density Computation; (d) Accessory Use and Structures; (e) Additional Yard Area Requirements; (� Building Height Limitations; .(g) Landscaping and Screening; (h) Visual Clearance Areas; (i) Off-Street Parking; Q) Access, Egress and Circulation; (I) Tree Removal; (m) Street and Utility Improvement Standards. The provisions of subsection (k) Chapter 18.114, Signs, are applicable, as previously noted and are addressed elsewhere in this report. The following are the specific Site Development Review approval criteria: 18.120.180.A.2, Relationship to the Natural and Physical Environment. This section is not applicable because the site is already developed and contains no natural features. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 4 OF 7 ' 18.120.180.A.3, Exterior Elevations. This section refers to residential structures and is, therefore, not applicable to this commercial use. 18.120.180.A.4, Buffering, Screening and Compatibility between Adjoining Uses. This section requires that buffering and sc�eening be provided between different types of land uses. The change of use proposed is from one type of commercial use to another. The commercial use of the existing building pre-dates the development of the adjacent property to residential use and no new structure is proposed. Therefore, this criterion does not apply. 18.120.180.A.5, Privacy and Noise. Subsections a. through c. of this section refer to residential development and new construction and, therefore, do not apply. Subsection d. requires that uses that create noise, lights or glare be buffered from adjoining residential uses. Since the proposed use is not a repair or body shop, staff finds no reason to believe that the proposed use will create more noise than any other retail use with associated parking. Furthermore, the site's location adjacent to Pacific Highway is in an area of significant background noise. Staff recommends the Hearings Officer find that the proposed use will not generate noticeable additional noise. 18.120.180.A.6, Private Outdoor Area; 18.120.180.7.A.7, Shared Outdoor Recreation Areas. These standards are not applicable as they deal exclusively with residential uses. 18.120.180.A.8, Development in the Floodplain. This standard does not apply because, according to the FEMA floodplains map, the subject property is not located within the 100-year floodplain. 18.120.180.A.9, Demarcation of Public, Semi-Public and Private Spaces: Crime Prevention and 18.120.180.A.10, Crime Prevention. These sections do not apply because the design of site improvements and the structure on the property are pre- existing and not affected by the proposed change of use. 18.120.180.A.11, Access and Circulation, 18.120.180.A.12, Public Transit and 18.120.180.A.13, Parking. These sections do not apply because the site is already developed and the proposed change of use does not require additional parking (the previous office use required 1 space per 200 square feet and the proposed automotive sales use requires 1 space per 1,000 square feet) or any change to the access and circulation design. 18.120.180.A.14, Landscaping. This section requires that a minimum of 15% of the gross site area be landscaped. This standard is addressed earlier under the Dimensional Standards of the CBD zoning district. 18.120.180.A.15, Drainage. The storm water drainage system for the site is already in place and no additions or modifications to the hard surface area are proposed. Therefore, this criterion does not apply. 18.120.180.A.16, Provision for the Handicapped. The use is required to provide less than 25 parking spaces and is, therefore, also required to provide 1 ADA accessible parking space. This one space must be van accessible and must be sized and designated as required by ORS Chapter 487. As noted below, ODOT has expressed concern over the location and orientation of the accessible parking space indicated on the site plan. ODOT recommends the site plan be redesigned so that there are no parking spaces within 20 feet of the access to SW Pacific Highway. The condition of approval requires that a revised site plan be submitted that demonstrates compliance with ODOT requirements and that the van accessible parking space be sized and installed as required by ORS 487. 18.120.180.A.17, Signs. Compliance with the Sign regulations of the Community Development Code is addressed below. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 5 OF 7 18.120.180.A.18. This subsection requires that the proposal comply with all of the regulations of the underlying zone. The CBD zoning district standards are addressed earlier in this report. Chapter 18.114, Signs: This chapter regulates the allowable signs associated with the proposed conditional use. Section 18.114.130.C.1 sets out the specific area limits for allowable sign-types within the CBD zoning district. The applicant has not indicated the size and location of any existing on-site sign or proposed any new sign as part of this application. If the conditional use is approved, the applicant must apply for and obtain any required sign permit from the City's Development Services staff. SECTION V. OTHER STAFF COMMENTS The Building Division has reviewed this request and provided the following comment: • If inspection of use finds use of flame or flammable liquids used in the process of auto- repair within the shop, the use becomes an H-Y occupancy and restrictions will be enforced by Tualatin Valley Fire and Rescue and the City Building Division. The Engineering Department and Police Department have reviewed this request and provided no comments or objections. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed the proposal and provided the following comment: • The applicant is required to fill out an Agency Sewer Use Information Card. Please contact the Source Control Division at 844-8931. The Oregon Department of Transportation (ODOT) has reviewed the proposal and provided the following comments: • The access to the property will be from the existing access. The access will be restricted to an entrance only. The applicant is required to obtain an access permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is too close to the access point and may cause conflicts at the access location. The site plan should be redesigned such that there are no parking spaces within 20 feet of the access. • ODOT permits are required for access and all work in the State right-of-way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-5002 for applications and information. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 6 OF 7 � STAFF RESPONSE: The above ODOT requirements will be met through conditions of approval. Staff has studied the site plan and finds that removal of parking spaces within 20 feet of the access will not reduce the level of parking provided below that required by Chapter 18.106. No further comments or objections have been received. February 1. 1999 PREPARED BY: Mark J. Roberts DATE Associate Planner - � �x February 1. 1999 APPROVED BY: Richard Bewer DATE Planning Manager i:1cu rpl n\mj r�cu plcu p98-03.rpt 2/8/99 HEARING'S OFFICER PUBLIC NEARING CUP 98-0003—MOMENTUM MOTORCYCLES PAGE 7 OF 7 i 1 ; � � ' z, � � i f I � � o�r.�oa. ca.r. awrrw � � t►.E�w+i nai w�xwar 2i3d � z ' � ' � o �� , i �� -� � � ,� ! �°.,.�° � � L � ; °� � i �� ` ' � o 0 0 � � o � I`!' i � � : Y. .��i� � i - _ - =-i=� � 2 � '; ' �� ,.�,,.�.. � � �� :� ::�.,�.,,,� � �� Q b ,�„° � �, '� � oF w�r I AIGHT OF WAV w�c�rr oF w�v DRIVEWAY � � a 214A' � � � � � a � � I ~ � � � � � � o I � �- , � � �.. C� � MCKENZIE STREET � DEAD END I CASE NO[Sl 8 CASE NAME[Sl: S1TF�PLAN cuP 9s-0003 EXNlBIT MAP N Momentum Motorcycles � . . OEOONA/NIC iNiORYnT10N !YlTEM N F�� ' VICINITY MAP ' A� � I Q � i = _ _ _ _ _ W � CU P 98-0003 S'' _ _ _ _ _ = li � �P�� MOMENTUM MOTOR�YCLES �� 2�F SUBJECT PARCEL ', ST � � �°' , � �L'9�� N �, G�, � 0 100 200 300 100 Fest I 1'�3021ee1 i �� qsy � ,�� City of Tigard II �G/ O Inkrtnation on thia map is fw pensral location ony and I, �� AJuld bs verified wilh the D�wbpment S�Mces Divisan. . �//� 13125 SW H�11 Blvd .Cl � �•j Tiyard,OR 97223 r�j_ (503)��171 �/ http:NwMw.ci.lipard.or.us Community Development Plot date:Jan 19, 1999;C:lmagicWIAGICO2.APR I . .02110/1999 09:31 2932216 JIM GRIFFITH & ASS:C PAGE 01 � � JIM GRTFFiTH tsr ASS�CIATES, INC. L'�� `��JC'�L�� LANI]/BliILDiNG CiSE STRATEG�CS 7.8"lp S.W. VERMONT STREET SUITE K POR'T7.AND, OREGON 97219 503 ?93-0805 F.� 293-2216 RECEIVED PLANNING 10 FEBRUARX l.999 F E B 1 0 1999 FA.X�IUM$ER. CITY OF TTGARD 684�y CITY OF TIGARD MEMOR.A,NI�UM TO: MARK BOBERTS, S�NIOR PLANNER FR: AI�U�E RE: MOMENTUM MO'�ORCYCLE. LETTER TO HEARTNG5 OFFICER 1VIARK, HERE IS A LE�'ER IN FAX FORM AND I WTLL SEND THE HARD COPY TO YOUJ TODAY. I WANTED TQ MAKE SURE THAT THE DEADLINE WAS MET. IN'IERESTING SIDE NOTE, THE TWQ PEOPLE WH4 COMPLAINED AT THE HEARII�Cr ABOITT POSSIBLE MOTORCYCI,E REPAIRS AND AUTOMOBIL� REPAIIZS B�ING CARRIEI�OUT ON OiIR PARCEL WERE PHQT�GRAP�TED THE DAY�F'TER 4UR HEARING... ....REPAIRING THEIR AUTOMOBILE ON THEIR PARCEL. I WILL SEND MR. EPSTEZN A PHOTO AFTER TEIIS THING TS LAID TQ REST. PEOPLE ARE WONDERFUL! HELLOW TO LrZ NEW'I'0�1. r , 02/10/1999 09:31 2932216 JIM GRIFFITH & ASS:C PAGE 02 � JIM GRrFFITH 8� ASSOCIATES, INC. LANDlBUlI.IIING U5E 5'�'R?.TECIES isza s.�v. vExNroNT sTx��r svr�-� � POR'TLAND, OREGON 97219 503 293-aso5 FAX 293-2216 9 February 1999 Mr. �.arry Epstein,Attomey at Law Hearings Qfficer City of Tigard 13125 S.W. Ha.�l Bo�evard T�ga�d,Oregon 97223 Attn: Mir. Mark Roberts, Seniar Planner. Please Forward. Re: Conditional Use Pennit,(CUP}98-003 Mr. Epstein, As I stated at the hearing tast evening,my client is pxepared to meet the ODOT and ADA �equiareme�ts as coz�ditio�ts of deveZopment cotrtained in thc StaffReport ac�d we will bring the laadscaping into conformance with the �5%�equirement. We appreciate youz comcenas related to ttae number of automobiles allowed on site in conjunction with this cond�itional use and would only ask that you aUow a maximum number of bve(S)automobiles on site at any one tircae. Please note that there aze amore th�ar�twe�aty{20)e�r.i�sting parking spaces an site naw. Perhaps five(5}wil!be used by custflmers at the motorcyc4e shop and three (3)will bc used�'ox employee parking t.�us�eaving tw�e�ve (l2)spaces ope�. If five{5) spaces were used for second-hand automobiles we would still have eight(8)"empties". As was stated in testimony before ya� no aatomobile repairs will be made on site,no vetucles will be visible from t�e highway ar�d very limited on site adveztising will be used. These owner initiated resorictions will alcnost guarantee that limited auto sales wil�take place an the site. T'hank you fve your consideration of this request. Yours y, ldie rd, Senior Planner REQUEST FOR COMMENTS CITY OF TIGARD RECEIVED PLANNING Community�DeveCopment ShapingA BetterCommunity DATE: IANUARY 5,1999 JAN 11 1999 T0: David Scot�Building Official �Ry pF nGARo FROM: Cit�of Ti9ard Plannin9 Division STAFF CONTACT: Mark l.Roberts,Associate Planner Phone: [5031639-4171/Fax: [50316841291 RE: CONDITIONAL USE PERMIT[CUPI 98-0003 ➢ MOMENTUM MOTORCYCLES Q REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102BD, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. Attached is the SItC Plell,YClllli]I Mep elld App1iC811CS StetC111Cl1t for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FRIDAY,IANUARY15,1999. You may use the space provided below or attach a separate letter to return your comments. If you ere ullable t0 respond b]I the eb0�e dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. �� Written comments provided below: �F �NSif�r� f i o�► Q/= �t I C �► si.�J u !.r L2� �/w r.� i I- FV�-rn c.L�� ►��` /Tr u t�� l w �.r_�ro �{�,/� /� t�u �t� !^e�r► w 1 �ET�.'.. f-�[� �'��,,1,� �t 1.� D P�u ri. ,�� 6,►� �'{—� o� N N L! �l � � �y.� f�r r�L�1 O� �LL D r C �� V' F� 4 v�� '�� C i � U��I� LC�� (�Cease provide tke folCowing inforniation�Name of Person[sl Commendng: ! � Phone Number[sl: CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community�DeveCopment RECEII��D�er Community DATE: IANUARY 5,1999 T0: lim Wolf,Ti9ard Police Department Crime Preuention Officer JAN 11 1999 CITY 4F TIGARD FROM: Cit�of Tigard Planning Division STAFF CONTACT: Mark l.Roberts,Associate Planner Phone: [5031639�4171/Fax: [5031684-1297 RE: CONDITIONAL USE PERMIT(CUPI 98-0003 ➢ MOMENTUM MOTORCYCLES Q REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S1026D, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. Attached is the Slte Plan,�cinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FRIDAY,IANUARY15.1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the ahoue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ✓ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (�Cease provide t�ie foQ"owing infornration�Name of Person[sl Commentlng: (S�M�p�.� Phone Number[sl: �'�°+- ��b� � �-ao CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY RECENED PlANNING MEMORANDUM JAN 15 1999 CtTY OF TIGAF�D DATE: January 14, 1999 RECENED PLANNING TO: Mark J. Roberts, City of Tigard � J AN 15 1999 FROM: Julia Huffrnan, USA J„� SUBJECT: Momentum Motorcycles, CUP 98-0003 C1Z`l OF 71GAR� SANITARY SEWER The applicant is required to fill out an Ag�ncy Sewer Use Information Card. Piease contact the Source Control Division at 844-8931. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124-3072 FAX:503/640-3525 • �1;14/99 10:42 FA% 503 640a525 UNIFIED SEwERAGE AGENCY C�ool _ ' �� a9� REQUEST FOR COMMENTS CITY OF TIDARD �� 'om�nun.ity�DeveCapment . � ��:J� RECENED PLAN SfiapingA Bctter�'ommuniry DATE: � Y 51999 �a JAN 15 1999 T0: �� lulia Nuffmaa,USA/SWM Pro9ram CRY 4F TlGARD FROM: C�1 of Ti9ar�Pla,ain9 Uhrlsion Si'AFF e01ITACT: Mark l.Rab,Rs �ssaciate Pfanner Plione:[5081689�tJ1/F�x I5081684 7297 sE: CONDITIONAL USE PERMIT[CUP]98-0003 � MOMENTUM MOTORCYCLES Q REQUEST: 7he applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobife sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S902BD, Tax Lat 0�701. ZONE: CBD; Central Business District. The CBD zoning district is designed to pravide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18,108 and 18.114. Attached is the Slte P1811,�iciltiCY Map�nd AoplicSwYs St�toment for your review. From information sttpplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, �p(F NEED YOUR OMMENTS BACK BY: FRIDAY,l�l11UARYt5L1999. You may use the space pro�ided befow or attach a separate letter to retum your comments_ If Y0118�C W18b19[61'CSp011d bY 1h� �bOVe detC. please phone the staff contact noted above with your comrnents and canfirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLFASE CHECK TNE FOLLOWIN6 ITEMS THAT APPrY: _ We h�ve reviewed the proposal and have no objections to it. Please contact of our o�ce. � Please refer to the enclosed IEtter. _ Written comments provided below� 2 S ��.� Y�h r � G��} �tS �a ��,s �t�n 7^.. 'T� . r �(�ease prt�e the��on)llame of Peraon[sl Camme�ing: � � , �� Phone MWmber[s): � ��— �-�s � ,0�!14/99 10:4� FA% 50� 640a525� UNIFIED SE�ERAGE AGENCY f�0o2 UN�TED SEWER.AGE AGENCY �F WASHINGTON COUNTY MEmo�tvnuM DATE: January 14, 1999 TO: Mark J. Roberts, City of Tigard F�tOM: lulia Huffman, USA J� - 5UBrECT: Momentum Motozcycles, CUP 98-0003 SANTTARY SEWER The applicant is required to fill out an Agsncy Sewer Use Inforznation Card_ Please contact the Source Control Division at 844-8931. , 155 North First Avenue, Suite 270,MS 10 Phone_ 503/648-8B21 � ,i . \r\� ��° �' �� REQUEST FOR COMMENTS CITY OF TIGARD = �� Communit �DeveCo ment � ,{�p��unity DATE: RY 51999 � �.�' � JAN 15 1999 T0: 6�=�'� lulia Nuffman,USA/SWM Program � CIT1f OF TI(3ARD FROM: City of Ti9ard Planning Division STAFF CONTACT: Mark l.Roherts,Associate Planner Phone: [5031639-4171/Fax: [503]684-7297 RE: CONDITIONAL USE PERMIT[CUP198-0003 ➢ MOMENTUM MOTORCYCLES Q REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102BD, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. Attached is the SItC PI811,VlCllllty Mep elld AppIICeIIYs statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FRI�AY,IANUARY15,1999. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond b]I ihe aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. � Please refer to the enclosed letter. _ Written comments provided below: �- �� s ��k-�( �h c�/l G��{ `6 �o / ��S1..5 V t�n �.L,'�� 0 ��e p�e the fo��nfo�t�on)Name of Person[sl Commenting: � �� Phone Number[sl: �� — �� CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS I '°F R IVED PLANNING /�,.�,�� '°'4 1 < ..��,c y � Department of Transportation ._��. o IN•� :��I I � � O F E B O 1 1999 Region 1 �....,,-� 123 NW Flanders 1�'�9.� John A.Kitzhaber,M.D.,Govemor CITY OF 71GARD Portland,OR 97209-4037 January 25, 1999 (503)731-8200 FAX(503)731-8259 FILE CODE: Mark Roberts, Associate Planner PLA9-2A-TIG-1W City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Subject: CUP 98-0003: Momentum Motorcycles OR 99W X Walnut St. Dear Mr. Roberts, The subject property is adjacent to OR 99W. According to the Oregon Highway Plan, OR 99W has a Statewide level of importance and we have an interest in ensuring that proposed land uses do not negatively impact the safe and efficient use of this facility. We have reviewed the proposed site plan and have the following comments: • The access to the property will be from the existing access. The access will be restricted to an entrance only. The applicant is required to obtain an access permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is to close to the access point and may cause conflicts at the access location. The site plan should be redesigned such that there are no parking spaces within 20 feet of the access. • ODOT permits are required for access and all work in the State right of way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-5002 for applications and information. If you have any questions regarding the above comments, I can be reached at 731-8258. Please forward a copy of the decision with conditions of approval when rendered on this case. Thank you, ��2_��%Z�'y c ' `� Marah Danielson Planner Development Review Cc: Chi Mai, Martin Jensvold, ODOT Region 1 Sam Hunaidi, ODOT District 2A Form 734-1850(1/98) � O1125/99 16:24 FAX 1 50a 731 8259 ODOT RG 1-FI.ANDERS �002 F :; � . .. re on „�_ - � � Department of Transportation 4 - � Re gi�n 1 John a xi�h��a�.ti.,Govemor 123 IVW Flanders Portland,OR 97209-�037 January 25, 1499 (503) �31-8200 FAX{503)731-8259 Mark Roberts, Associate Planner FT(,E CODE� City of Tigard P�9•�-'ri�-�w Planning Divisio� 13'!25 SW Hal! Blvd. Tigard, OR 97223 Subject: CUP 98-0003: Momentum Motorcycfes OR 99W X Walnut St. Dear Mr. Roberts, The subject property is adjacent to OR 99W. According to th�e Ore on Hi hwa Plan, OR 9$W ha5 a Statewide level of importance and we ha�e an int�rest in ensuring that proposed land uses do not negatively impact the safe and efficient use of this facility. We have reviewed the proposed site plan and have the follovving camments: • The access to the property will be from the existing access. The access will be restricted to an entrance only_ The appiicant is required to obtain an a�cess permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is ta close to the acc�ss point and may cause conflicts at the access iocation. The site plan should be redesigned such that the�e are no parking spaces within 20 feet of the access. � ODOT permits are required for access and all work in fhe State right of way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-Sd02 for applications and information. If you have any questions regarding the above comments, I can be reached at 731-8258, Please forward a copy of the decisian with conditions of approval when rendered an this qse. Thank you, j c Marah Danielson Pianner Deve�apment Review Cc: C�i Mai, Martin Jensvold, ODOT Region 1 Sam Munaidi, ODOT District 2A l�omi T.iq-1850{i/98) � ��C = � l Z-c . � ' � �� - REQUEST FOR COMMENTS CITY OF TIGARD Community�DeveCopment RECEIVED PLqNNING ShaF�ngA Better Community DATE: IANUARY 5,1999 T0: Brian Rager,De�elopment Reuiew Engineer FEB �1 1999 ClTY OF 71GARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark l.Roberts,Associate Planner Phone: [5031639-4171/Fax: [5031684-7297 RE: CONDITIONAL USE PERMIT[CUP)98-0003 ➢ MOMENTUM MOTORCYCLES � REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102BD, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. Attached is the Slte Plan,VlClnlpl M8p e11d AppIIC811t'S St8tC111Cl1t for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: fRIDAY,IANUARY15,1999. You may use the space provided below or attach a separate letter to return your comments. If you are una6le to respond b�l the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEAS CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (�lease pravule the folCowing info»nation�Name of Person[sl Commendng: � ��j Phone Number[sl: CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMEHTS CITY OF TIGARD Community�UeveCopment SFiaping A Better Community DATE: IANUARY 5,1999 T0: PER ATTACHED FROM: City of Tigard Plannin9 Division STAfF CONTACT: Mark l.Roberts,Associate Planner Phone: I5031639-4171/Fax: [5031684-1297 RE: CONDITIONAL USE PERMIT[CUPI 98-0003 ➢ MOMENTUM MOTORCYCLES Q � � REQUEST: The applicant is requesting Conditional Use approval for a change of use to torcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S10 , Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. Attached is the Site Plan,IfIC11111y Mep elld AppIICeIIYS St8tC111C11t for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: FRIDAY,IANUARY15,1999. You may use the space provided below or attach a separate letter to return your comments. If YOU erC unable to rCSpOnd bY t11e ebOUC detC, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: �rn��e p�re t�fo��tnfo�r�on)Mame of Person[s]Commentlng: Phone Number[sl: CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS � � REQUEST FOR COMMENTS NOTIfICATION LIST FOR LANO USE&COMMUNITY DEYELOPMENT APPLICATIONS cRUrea:tc�m ts� n�n CITIIEN INVOLVEMENTTEAMS ea�cen�re�newm�crre.or�s� FILE NO[Sl.: ��Q �c� —C7�C�� fILE NAME[Sl: t� � c.1�S CITY OFFICES ADVANCED PLANNING/Nadine Smith,�«.�swa.��.« COMMUNITY DVLPMNT.DEPTJ � ,LPOLICE QE�T.lJim Wolf,cn�A.�o�., �BUILDING DIV./David Scott,ewa�o�w ,�ENGINEERING DEPT.Brian Rager, WATER�DEPTJMichael Miller,ww..r,�„�„ _CITY ADMINISTRATION/Cathy Wheatley,cxrA� _OPERATIONS DEPT./John Roy, _OTH�R SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.MF_TUALATIN VALLEY FIRE&RESCUE� TUALATIN VALLEY WATER DISTRICT� �UNIFIED SWRGE.AGENCY iM Planning Manager Fire Marshall Administrative Office Julia HuffmanlSWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON� CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE Mike Matteucci,Ne�ne�„a.c�«a PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _OR.PUB.UTILITIES COMM. _METRO-LAND USE&PLANNING MF _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street,NE CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Ma�ager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 US ARMY CORPS.OF ENG. Durfiam,OR 97281-3483 Paulette Allen,c,�ro,r�,ao�nc�a:,a« OR.DEPT.OF LAND CONSERV.B DVLP. 333 SW First Avenue _Mel Huie,Greenspaoes CaorAinalor(CPA'a20A'a) 635 Capitol Street NE,Suite 200 PO Box 2946 CITY OF KING CITY� Salem,OR 97301-2540 Portland,OR 97208-2946 City Manager _METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon 5treet OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY� King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use 8 Trans. Portland,OR 97232-2109 Tom Highland,a�,:,o 155 N.First Avenue CITY OF LAKE OSWEGO� 3040 25th Street,SE Suite 350,MS 13 Planning Director OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Bonneville Power Administration � / Brent Curtis�can�s> Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera ✓ ODOT,REGION 1 � Scott King�cvn•:> PO Box 3621 Sonya Kazen,o��ae�c�.a Mike Borreson�E�� CITY OF PORTLAND Portland,OR 972083621 123 NW Fla�ders Jim Tice�icn�g> David Knowles,v�,�:,a ew�,o:. Portland,OR 97209-4037 Tom Harry cc„R��.roos.1 Portland Building 106,Rm.1002 _OREGON,DEPT.OF ENVIRON.QUALITY _Phil Healy tc„�.«.a�.rovs.> 1120 SW Fifth Avenue 811 SW Sixth Avenue 000T,REGION 1-DISTRICT 2A+M _Sr.Cartographer�.v'rz�.�MS,. Portland,OR 97204 Portland,OR 97204 Jane Estes,v«mnso«�a� 5440 SW Westgate Drive,Suite 350 ODOT,REGION 1 -DISTRICT 2A Portland,OR 97221-2414 Right-of-Way Section N��«,5� Rick Reeves 123 NW Flanders Portland,OR 97209-4037 UTILITY PROVIDERS ANO SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Bur��ngton Northem/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS TCI CABLEVISION OF OREGON TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Oebra Palmer�a,��a,y� Pat McGann Michael Kiser,Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay SVeet Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 Portland,OR 97232 Beaverton,OR 97006-4886 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY GENERAL TELEPHONE US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scon Palmer Elai�e Self,Engineering Lori Domey,Engineering Dept.. 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hill Rd,Rm 11� Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 TIGARDITUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.l/48 Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs 8 Planning Dept. 13137 SW Pacific Highway 16550 SW Merio Road Tigard,OR 97223 Beaverton,OR 97006 � - INOICATCf Af�'FO�ATdC lRO�aF�Cptit�l�l IrF 11s�T!lIUNI�'�O' OF fNL ft/BJtti PROS�R�FOR AINi�/ALL t1�P&OlLCtf. �YROl6Ci fLA!/�1iR Ii RLiPOMi1BLi fOR/NOICAi/NC lPARilff TO MOT/R� h:lpatty�masters\rtcnotice.mst 2-Oeo-98 . . GEOG0.APHICINFORMATiON SvSTEM � NOTIFICATI�N , AREA MAP � � , 2S1026D00101 j ` _ _ _ _ _ _ � �V �� ,��8��, �� CU P 98-0003 � ,�� _ \ 2S1026D0140 SUBJECT = _ _ _ _ _ 02BD0120 �SITE �' �� , , , �, Momentum ozBOO \ �- zs�ozBOO�5o3 MOt01'CyC�eS � � , �� 2'S 02BD02� ' 2S�0 BDO 0 � ZS102BD01501 S102BU0170 � S102BD01�1' S1026D01900�� i � �G\/ T/� 2S102BD01502 � • N 2S102BD01600 \ '� � ,�� 200 �V I '\ 1"=378 feet � �� ^, � City of Tigard I � � Information on this map is tor penerel loeation only aM � �/ � should ba verified with the DevelopmeN Services Oivision. 13125 SW Hall Blvd Tigard,OR 9M23 " \ / � (503)839-4171 .�l _ __ � hHp:llwww.ci.lgard.or.us Community Development Plot date: Dec 31, 1998;C:lmagiclMAGICO2.APR 1 I I I � I 1 1 �I I OI I � 1 i � UOST.1�00� IX�6i. OUYTMO � � ,___�.�so+E SIOr� KTnOO�n 2130 --- -------- ---------r- ---------------- ----- �----- - ------- T �. _ � - - --------- � ; � > ! o oasmHa srrxucruae I I v� � i 230o s0 cr I � �_ �� J � WRIM OT1G1 � I � 3 I ° � I v� W � o 0 0 � � Q I — ' � N � `.�.� i i , - ,�.�m � � Z � I ' -� Z � �'� � Z �,.�,w. ; � �� °� a �� w� �,�� ,..� ; � b b b � � -� � Po OF WAV RIGM OF WAV RIGM OF WAY I DRIVEWAY I � � a j �a• — ----- � � i �t � � � a � c�; ; _ ; � ; ; � � � LL. ; ' � O � ; � I ; . ; � �-- ---- ------- � � -------- U � MCKENZIE STREET � DEAD END CASE NO[Sl S CASE NAME[Sl: � _ _ _ _ _ _ ' SITE PIAN cuP 9s-0003 � EXHIBIT MAP N Momentum Motorcycles � � � / / . � GEOGRAPHiC iNV"ORMATiON SYSTEM � � ��`�� . VICINITY MAP A� , �� > _ / - - - - - - � � — — — — — — . �' CU P 98-0003 p��°/`� ST = _ _ _ _ _ � � � = � ��`�� MOMENTUM �P`� MOTORCYCLES \�i�� . � ��F� ;SUBJECT �� j ,PARCEL , �� )� ; � sT � C;-� �'� � � ♦ �-��2 � N , G�, I� 0 100 200 300 a00 Feet i� 1"=302 leet / I �� v�� s� �� \y` City of"1'igard a � �� Intomwtion on Ihis map Is for general location ony end � �� II should be verified with Ihe Development Services Division. . � �,��j 13725 SW Hall 81vd ' �� j ,— -- Tiperd,OR 97223 't.--- ---__._._ .- � -- - .. ��/._ .A\ Y� / �L� �A\,. ��_�._. .__ .. .1 � /-� hltp:/Slwww63.tg'd'or.us - �-- - — - --- - - -� - Community Development Plot date:Jan 19, 1999;C:lmagiclMAGICO2.APR BEAVEHIUN,UHtVVNy/U/� Legal Notice Advertising �Ci tv o f Ti ga r.d • ❑ Tearsheet Notice ��following wi11 be considered by the Tigard Hearings Officer on Mon- 1312 5 Sl9 Ha 11 S lvd. dsy,Febrnary 8,1999,st 7 P.M.,at Tigard Civic Center—Town Hall,•' ��iqa r.c� Or� on 9722 3 • ❑ Duplicate Affidavi 13125 SW Hall Boulevard,Tigazd;Oregon.Both public,oral and written;�°�, , Q tesAmony is invited.The public hearing on this matter will be conducted�''' � in accordance with the rules of Chapter 18.32 of the Tigard Municipal,.,.; �Account s Payah le Code,and rules and procedures of the Hearings Officec Failure to raise an ., issue in person or by letter accompanied by statements ot evidence suffi- � cient to allow the hearings authority and all parties to rospond precludes an appeal,and failure to specify the criterion from the Communiry,.,}: Development Code or Comprehensive Plan at which a comment•is�, AFFIDAVIT OF PUBLICATION directed predudes an appeal based on that criterion.�Further informatibti T��. may be obtained from the Planning Division at 13125 SW Hall"°' STATE OF OREGON, ) , Boulevazd,Tigazd,Oregon 97223,or by calling(503)639-41'I1. COUNTY OF WASHINGTON, )S$' ' PUBLIC HEARING: . � IC�t•hv "n�d�r_ CONDITIONAL USE PERMIT[CUP)9$.ppp3 being first duly sworn,depose and say,that I am the Advertising ; RE UE �PP'�ZE��q MO gORCYCLES< PP �. Director,or his principal clerk,of the��,a rcl— �al at in Tj.rtes Q ST:The a licant is re uestin Conditional Use a roval for a�_ a newspaper of general circulation as defined in ORS 193.010 change of use to mototcycle and]imited automobile sales.LOCAT'ION: � - and 193.020;published at `��Qa rr3 in the 12700 SW Pacific Highway;WCTM 2S1o2AC,Taz Lot 017D1.ZONE: . ' aforesaid county and state;that the CBD;Central Business District.The CBD zoning district is designed to�P? tlomPnt-nm Plotor�y�S/A`� n 0 0'�/S'i1n provide A concentrated central business district centered on the City's his-'�".'n a printed copy of which is hereto annexed,was published in the toric downtown,including a mix of civic,retail and'office uses.AP-.,�,� , PLICABLE REVIEW CRITERIA:Community Development Code entire issue of said newspaper for �i�E successive and Chapters 18.32,18.66,18.100,18.102,18.106,18.108 and 18.114. ,�:��r consecutive in the following issues: _ __, ° - �_; �� - � ��,,r T�`� �n �a o g 1 �. ��>�..,� i'� � / � .�� _ � r�FJ '�.� ' !`7� :, �/ � �� `, \i ��'�' .�, � t .��:� . ` � z.�. , � ,�` ,,�t -.� � :�,, ''t.:9ti,. Subscribed and sworn to efore me this2F3�hsia_�� nf ,7anuar.y,1! 'f � ; ,:ra• - � ;� /',\ r �\ `',j` m�1c y .� ary Public for Oregon �' ,..� <�7'• ,; /�.r,. ,, �`•.. / . � �� .- . � My Commission Expires: � -�+ � .�'�.�'�.� � ,.. . ,.�,, AFFIDAVIT ' '� ' � , �:� �, � . '��',i��\�/� � � � _i.a � � t<�Y Jy:�-.r ..d � �/ /, J.��- ` �'�� \s:fl� : r,��i7 � '�/' _ �wl�H. ; ' `°r ' �; `t * /� ;f; '.. 'l�i\�' U4 ��. y:.. /�\� t.:�..s � - i i� . .. . . /� V\ � T'I'9314—$ublish January,28 1999,� ^ � �� , . ?``#.. °t r 1��,��`." �� . � AFFIDAVIT OF MAILING CITYOFTIOARD i ` Community rUeveCopment . Shaping A Bet ter Community S7A� o�o�,�GoN ) County of�NasFiington �ss. City of 7'igarcf � I, �atricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the City of 7'�gard, �iNashington County, Oregon and that I served the following: (Check Apryopiae Box(s)Below) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR:�� AMENDED NOTICE (File No./Name Reference) C City of Tigard Planning Director ❑ NOTICE OF DECISION fOR:i� AMENDED NOTICE (File NoJName Reference) = City of Tigard Planning Director � NoncE oF PUBLIC HEARING FoR: � �UP 98-0003 MOMENTUM MOTORCYCLES / 2/8199 � AMENDED NOTICE (File NoJName Reference) (Date of Public Heanng) ❑ City of Tigard Planning Director Q Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NoncE oF FINAL ORDER NO. FOR:� � J AMENDED NOTICE (File NoJName Reference) (Date of PuWic HeaAnp) C City of Tigard Planning Director � Tigard Hearings Officer u Tigard Planning Commission � Tigard City Council • (Type/Kind of Nolice) FOR: � I (File NolName Reference) (Date of Publk Heanng,rf applicaWe) A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE Of FlNAL ORDER/OTNER NOTICE[Sl of which is attached, marke�hlblt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked ExhlbR'B , on the 19tl1 day of 1811118ry�t999, and deposited in the United States Mail on the 19tl1 day of lanuary,1999, postage"prepaid. _ ', ` ,_ � , _ ,,, .` , ,�� , - c,� ;��Cn� i/ (P n that Prepared No ice) Subscribed and sworn/affirmed before me on the �� day of I' ' , 19��. / �//1� n � /y �C `�r-1 L�i/ /( ,' / ✓ L� OFFICIAL SEAI DIANE M JELDERKS , NOTARV PUBLIC-OREGON My Commission Expires: � ' COMMISSION NO.Oa6ta2 � �;:�pn�MISSION EXPIRES SEPTEMBER 07,t999 � ��CHI t3± i ,� CITY OF TIGARD ' � Community�DeveCopment ' S(rapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. FEBRUARY 8, 1999 AT 7:QQ PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT[CUPI 98-0003 FILE TITLE: MOMENTUM MOTORCYCLES APPLICANT: Momentum Motorcycles, Inc. OWNER(S): James & Elizabeth Woodley Contact: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF 2/8/99 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE SUPPORT TO THE APPLICATION AF : JANUARY 19. 1999. ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE� HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT L�AST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 997.763(6). ► • ' a INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS. ASSOCIATE PLANNER AT (503)639-4171 (x315), TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N ��FC3 A� � Q W _F�" sT t�,A�tJ Mc,� ��F SUBJEQ � PARCEL ST 995� �� 'G � ��y � ��i O � --- ��X�c , /��. � CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF 2/8J99 HEARINGS OFFICER PUBLIC HEARING �u� ��-�:�".�� - 7��rn��t�Cr� /�2Ufz��L�� L�s ��'�' 1 � t'�� 2s,ovac-oo2o, 2s,o2a,c-o,�oo i�;�X�I�T B � E1ASA LA VETA ASSOCIATES& GOSPODINOVIC ROSE PO BOX 5886 12770 SW PACIFIC HWY PORTLAND,OR 97228 TIGARD,OR 97223 2S102AC-01701 2S102AC-01703 WOODLEY JAMES R&ELIZABETH F S GER RRY C 5150 NW VALLEY CT 7400 S AIRWAY DR CAMAS,WA 98607 W NVILL OR 97070 2S102AC-01704 2S102AC-01800 SPRINGER JERRY C ALLISON KENNETH V&LA VELLE D 7400 SW FAIRWAY DR PO BOX 61772 WILSONVILLE,OR 97070 VANCOUVER,WA 98666 2S1026D-00100 102BD-00500 ROMAN CATHOLIC ARCHBISHOP OF FUN S H 2838 E BURNSIDE 1160 TH PORTLAND,OR 97214 T ARD,OR 223 2S102BD-00600 1026D-00601 FUNK JAMES H FU A S H 11600 SW 90TH 1160 TH AVE TIGARD,OR 97223 ARD,OR 97223 251026D-00701 2S9 2BD-015D SPADA FRED TRUSTEE MARCI id ERRACE ASSOCIATES 72907 BEL AIR RD 510 Vj1AVERL T PALM DESERT,CA 92260 f��0 ALTO,CA 301 �02BD-01502 2 BD-01503 MARC RRACE ASSOCIATES GOSP ROSE 510 ERLY 1277 P FIC HWY O ALTO,CA 94301 ARD,OR 972 James & Elizabeth Woodley 5150 NW Valley Court Momentum Motorcycles, Inc. Camas, WA 98607 Jon Burtness 12700 SW Pacific Highway Tiaard, OR 97223 � ( � GEOGRAGHIC �NFORMALION•SVS,EM \ �� , AREA NOTIFIED �� S� � (2 S 0') � �P�� , zs�ozBOOO�oo — — — — — — � ��,,/ , � CU P 98-0003 ��'c;��. ;%� _ _ _ _ _ _ ��F j�.,, O � �� MOMENTUM � . � � �� ,, �� 2S102BD0o5o� �� '�� MOTORCYCLES � /r 2$1U �UU6�i � 2�1b2BD00600 / ;�� 2S102BD00701 �' � � ��`� 2S1' Ol � � 2S102AC01��,� � � � 2S102AC01700 � 2S102BD01503 2S102AC00201 `l � 2S102BD01501� �� ' � � � � �� _% � 2S102AC01800, � � � � !2 `� � '\ � � ; . '9 �'�. � N � �� G>,� �� 2S1026D01502 �� % � � �� I � -� � � 0 100 200 300 Feet ! � - � . . �� I �. ... � I 1••=252 feet I � i I � / � �� . � � ' City of figard � ti�� ' � ' � Infortnation an this map is for ge�nerel location only and �, ahould be verified wilh the Develo menl5arvicee Division. � � �� O� 7 3 7 2 5 S W Ha l l B lv d Tigard,OR 97223 �%w (503)639-4171 � . _ _ � . 'rL1_1--- . . __l . _�----. .. _ . . ht1p:/Mv+�v.ci.�igard.or.us (ommunin Development Pbt date:Jan 19,1999;ClmagdWIG1CO2APR . � �_� AFFIDAVIT OF MAILING CITYOFTIGARD (bnim u ruty�Devefopment ShapingA Bette��ommunity S7A�o�o�,�GoN ) �'ounty of�Nashington �ss. City of 7'igard ) I, �Patricia L. Lunsforcf, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCr',rt II for the City of7agard, 'WasFiington County, Oregon and that I served the following: (check Appopriate 6oz(s)6ebw) ❑ NoncE oF PENDING LAND USE APPLICATIOH FoR:� AMENDED NOTICE (File NoJName Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF DECISION fOR: C AMENDED NOTICE (Flle NoJName Reference) ❑ City of Tigard Planning Director ❑ NoncE oF PUBLIC HEARING FoR: � � � AMENDED NOTICE (File NoJName Reference) (oate or aubuc hieanng) C City of Tigard Planning Director C Tigard Hearings Officer � Tigard Planning Commission ❑ Tigard City Council 0 NoncE oF FINAL ORDER N0. FOR:�fUP 98-0003 - MOMENTUM MOTORCYCIES � 2/8/99 — AMENDED NOTICE (File No RJame Reference) (Date ot Public Hearing) - City of Tigard Planning Director Q Tigard Hearings Officer � Tigard Planning Commission � Tigard City Council � (fypelKind of Notice) FOR: � I (File No./Name REference) (Date of Public Hearing,if applioble) A copy of the PUBLIC NEARING NOTICE/NOTICE OF UECISION/NOTICE Of RNAL ORDER/OTHER NOTICE[Sl of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exh161t"B�n the 25�day of fCb11181'l1.1999, and deposited in the United States Mail on the 25�day of FCb1118N,1999, postage p paid. �� _ ( � \� � (Per rep tice) - Subscribed and sworn/affirmed before m n the � day of � ' , 19 � � �� , � �;� (.�C�� OFFICIAL SEAL DIANE M JELDERKS � y NOTARY PUBLIC-OREGON NI�Commission E�ir�s: G COMMISSION NO.Oa6i42 M`'`'GMP�tISSION EXPIRES SEPTEMBER 07,i9gg . �xxr�l�r � '�120 DAYS = 4/26/99 CITY OF TIGARD Community�Devefopment � ,S(uipingA�Better Community CITY OF TIGARD `Washington County, Oregon NOTICE OF FINAL ORDER BY THE NEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 98-0003 Case Name(s): MOMENTUM MOTORCYCLES Names of Owners: James and Elizabeth Woodley Name of Applicant: Jon Burtness. Momentum Motorcycles Address of Applicant: 12700 SW Pacific Highway City: Ti ar State: r n Zip: �7223 Address of Property: 12700 SW Pacific Highway City: Ti ar State: r n Zip: 7223 Tax Map & Lot No(s).: 2S102AC, Tax Lot 01701. Request—➢At the February 8, 1999 Public Hearing, the Hearings Officer opened the hearing on the matter and received public testimony. The record was held open for four days to allow the applicant an opportunity to submit a closing statement. The record in this case closed at 5:00 p.m. on Friday, February 12, 1999. At the close of the case, the Hearings Officer APPROVED, subject to the conditions recommended by City Staff with certain amendments described more herein, a request for Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. 1A11C: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. COMPREHENSIVE PLAN DESIGNATION: Central Business District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. ACt1011: --➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial NOtiCC: Notice was published in the newspaper, posted at City Hall and mailed to: � Owners of record within the required distance � Affected governmental agencies � The affected Citizen Involvement Team Facilitator � The applicant and owner(s) �nal Decision: � DATE OF FILING: FEBRUARY 23, 1999 THE DECISION SHALL BE FINAL ON MARCH 10,1999,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City fo�ms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. THE DEAOLINE fOR fILING Of AN APPEAL IS 3:30 P.M.ON MARCN 10,1999. QuCSdOnS: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER � BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Momentum Motorcycles, Inc. ) F I N A L O R D E R for a conditional use permit for a motorcycle and limited ) automobile sales use in an existing building at 12700 ) CUP 98-0003 SW Pacific Highway in the City of Tigard, Oregon ) (Momentum Motorcycles) I. SUMMARY 1. The applicant requests approval of a conditional use permit(CUP) for a motorcycle and limited automobile sales use in the Central Business District(CBD) zone. The use will be conducted in an existing building and associated exterior improvements at 12700 SW Pacif'ic Highway in the City of Tigard, Oregon (WCTM 2S 102AC, Tax Lots 1701 and 1703; the"site").1 The use consists principally of sale and resale of motorcycles and related accessories. The applicant also proposes to accept automobiles as a trade-in for motorcycles and to sell the automobiles from the site. Prior to the close of the public hearing in this case, the applicant proposed to have up to three automobiles for sale on the site at one time. After the hearing and while the record remained open, the applicant requested permission to sell up to five automobiles on the site at any time. 2. The site and surrounding properties are zoned CBD. Other nearby properties in the area are zoned GC (General Commercial). The site abuts the Main Street Village Apartment development to the northeast. The site abuts an existing commercial building to the south which houses a hair salon and offices. Further south, across McKenzie Street, is a small commercial and office complex. 3. Automobile sales is a conditional use in the CBD zone. Motorcycle sales is not listed as a permitted use in any zone. The applicant requests that the City construe the Community Development Code (`�CDC") to allow motorcycle sales by conditional use permit in the CBD zone, because it is a use similar to other permitted conditional uses. 4. A hearings officer held a duly noticed public hearing regarding the application. City staff recommended approval of the conditional use permit, subject to the conditions of approval in the Staff Report. Two wi�esses testified for the applicant and accepted the findings and conditions of approval recommended by City staff. One wiiness testified with concerns about the noise,traffic and other impacts of the proposed use on the apartment complex east of the site and the commercial complex south of McKenzie Stree� No one else appeared at the hearing or submitted written testimony about the application. 5. The testimony and evidence raise the following principal issues in this case: • Whether the CDC should be construed to allow motorcycle sales as a use similar to other uses in the CBD zone. This issue was not disputed. • Whether the particular use proposed in this case generates signif'icant adverse traffic, solid waste and noise impacts that should be mitigated by appropriate conditions or that warrant denial of the CUP application. This issue was disputed by a neighboring property owner. 1 In fact the applicant has been selling motorcycles at the site since March of 1997. That use is illegal, because it was not authorized by city permit. If the CUP application is approved,and the applicant complies with condiuons of that approval, the use will become legal. Hearings O„�'icer Final Order CUP 98-0003 (Momentum Motorcycles) Page 1 � • If the CUP is approved, whether conditions of approval should require the applicant to increase the landscaping and screening on the site so that it • complies with City standards. This issue was raised by the hearings officer at the hearing, and the applicant and City staff responded to it. • If the CUP is approved, how many automobiles should be allowed to be sold on the site at any one time, and what restrictions should be imposed on those sales to address the CUP criteria. The staff and applicant responded to this issue. 6. For the reasons provided and referenced in this final order,the hearings officer construes the CDC to allow motorcycle sales in the CBD zone as a similar use to automobile sales, and approves the conditional use permit for that purpose, subject to the conditions recommended by City staff with certain modifications described more herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILTTIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated February 1, 1999 (the "Staff RepoR"), and the findings about public facilities in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. I-�ARING AND RECORD 1. On February 8, 1999, Tigard Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing at City Hall to receive testimony and evidence about this application. That testimony and evidence is included herein as Exhibit A(Paities of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing,city planner Mark J. Roberts summarized the Staff Report and the applicable approval criteria. He noted that the applicant is requesting to change the use of an existing building. The building previously was used as a real estate office. He noted that the site does not comply with current landscape standazds which require a minimum 15-percent of the site be landscaped. However, because the applicant is only requesting a change in use,staff did not recommend the hearings officer require the applicant to provide additional landscaping. He noted that the Oregon Departrnent of Transportation ("ODOT"), which is responsible for Highway 99W (Pacific Highway), recommended the applicant redesign the parking lot to remove parking spaces within 20 feet of the site entrance from Pacific Highway and to mark the parking lot with a one-way circulation pattern. 3. Aldee Howard and Jon Burtness appeared on behalf of the applicant, Momentum Motorcycles, Inc. a. Mr. Howard accepted the Staff Report and proposed conditions of approval without exception or objections. He testif'ied that the applicant will comply with ODOT's recommendations for the parking lot and will provide additional landscaping if required to bring the propeRy into compliance with the Code. Heanngs O�cer Final Order CUP 98-0003 (Momentum Motorcycles) Page 2 - b. Mr. Burtr►ess testified that he does not allow his customers to test drive . motorcycles due to insurance concerns. For a customer to ride one of the motorcycles, the .- customer must pay for the motorcycle. This eliminates test rides and reduces the potential for adverse effects associated with such test drives. His mechanic occasionally drives the motorcycles, but only on the site. He tries to discourage his customers and employees from riding through adjacent properties. He testified that he was aware of only one incident in which a customer was racing a motorcycle on Ms. Gospodinovic's property. That incident occurred more than one year ago. He testif'ied that any used tires stored on the site are neady stacked against the north wall of the building and are not visible from off- site. The tires are picked up and recycled on a regular basis. He testified that he displays up to 10 motorcycles along the site's Pacif'ic Highway frontage, on the concrete apron beneath the building awning. He testif'ied that he does not intend to display automobiles along Pacif'ic Highway. He intends to have a maximum of three automobiles on the site at any time. He proposed to park the cars in the east portion of the parking lot He does not plan to repair automobiles on the site. 4. Rose Gospodinovic testified that she owns the apartment complex east of the site and the commercial complex across McKenzie Street to the south. She expressed concerns about the impacts of the use on her property. She testified that noise from revving motorcycle engines is frequently audible on her property. She testif'ied that the applicant's customers race through her parking lot wtule test driving motorcycles. The applicant's customers also use her property as a short cut to the site from the south. She expressed concerns about the traffic impacts of the proposed use. She testif'ied that McKenzie Street is congested under e�cisting conditions. She testif'ied that the applicant's customers and customers of the adjacent beauty shop and offices park on her property. She testified that the applicant allows used tires to accumulate on the site, and, on three occasions in the past year, tires ended up on her property. 5. City planner Julia Hajduk opined that any limitation on automobile sales should be specific to enable the City to enforce the limitation. 6. The hearings officer held the record open for four days to allow the applicant an oppoRunity to submit a closing statement. The record in this case closed at 5:00 p.m. on Friday, February 12, 1999. a. Before the record closed, Mr. Howard submitted a letter dated February 9, 1999 in which he requested that the applicant be allowed to store up to 5 automobiles on the site. He argued that there is more than enough room on the site to accommodate such storage. The site contains 20 existing parking spaces. If 5 of these spaces are used for storage/display of automobiles for sale, the remaining 15 spaces will be available for customers and employees of the motorcycle shop. He testified that the stored automobiles will not be visible from the highway. The applicant will use"very limited site advertising." V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by City staff; to wit, motorcycle sales is a use similar to automobile sales and should be allowed subject to the same restrictions; and substantial evidence in the record shows the proposal does or can comply with the applicable standards and criteria for a conditional use permit, and adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. Hearings O�cer Final Order CUP 98-0003 (Momentum Motorcycles) Page.3 2. The applicant proposed to establish a motorcycle sales and repair facility with . limited automotive sales. Motorcycle sales and repair are not listed uses in any zone in the City. However CDC 18.43 authorizes the decision maker to approve"unlisted" uses which are found to have similar intensity and impacts as a pennitted or conditional use, subject to the approval standards in CDC 18.43.050. The hearings officer finds that motorcycle sales and service as proposed herein complies with CDC 18.43.050, based on the following findings: a. Motorcycle sales and service in the CBD zone as a conditional use is consistent with the comprehensive plan, because the comprehensive plan allows automobile sales and service uses in the CBD zone, and motorcycle and automobile sales and services are substantially similar in their potential impacts. They both involve sales,service, storage and display of motor vehicles. They both are relatively land extensive. They both involve the retail sales of relatively large, long-lived consumer products. In terms of their impacts, automobile and motorcycle sales and service (at least as proposed in this case) are sufficiently similar to be the same for purposes of the comprehensive plan. b. Motorcycle sales and service is consistent with the purpose of the CBD zone,2 because it contributes to a concentrated,central retail area by adding a new use. There is no separate intent for the CBD zone. c. As noted above,motorcycles sales and services is substantially similar to and of the same general type as at least one other use permitted by conditional use permit in the CBD zone---automobile sales and service. d. As noted above,motorcycle sales and service has similar intensity and off-site impacts as other conditional uses listed in the zone, including automobile sales and service and bulk fuel sales. Motorcycle sales and service also has impacts similar to uses permitted outright in the zone. For instance, many other permitted uses in the CBD zone (i.e., all of the civic and commercial uses) require substantial areas of exterior paving for parking and display of vehicles and merchandise; most listed uses rely on and generate a substantial volume of consumer vehicular traffic; most operate for extended periods of time; most rely on signs to attract consumer attention. All of these factors make motorcycle sales and services similar in intensity and off-site impact to other uses permitted outright or conditionally in the CBD zone. e. Motorcycle sales and service will have impacts on community faciliries (e.g., water, sewer,roads and drainage) similar to or less than other uses permitted in the CBD zone. A motorcycle shop generates relatively little demand for water services or sanitation services compared to many civic uses permitted in the zone, because those civic uses would draw substantially more users for longer periods of time and for more purposes. Based on the TI'E Trip Generation Manual(Sth Ed.), a motorcycle shop generates less traffic than many other uses permitted in the CBD zone. The paved area associated with a motorcycle shop is no greater than that associated with many other uses permitted in the zone, so that drainage impacts of the motorcycle shop also are not greater. 3. Having construed the CDC to allow a motorcycle shop as a conditional use in the CBD zone, the next issue is whether the motorcycle shop and related limited automobile sales proposed in this case complies with the standards for a conditional use permit. The 2 CDC 18.66.010 provides Wat the purpose of the CBD zone is"to provide for a concentrated,cenual commercial office,and retail area whic6 also provides civic,high density residenpal and mixed uses." Hearings O„�`-icer Final Order CUP 98-0003 (Momentum Motorcycles) Page 4 � Staff Report lists the applicable standards and provides responsive findings with which the hearings officer concurs with the following supplementary findings. � a. T'he site shape and dimensions can accommodate the proposed use in a manner that complies with applicable standards. There is five times more on-site parking than required by the CDC,indicating the site is relatively large given the needs of a typical commercial use and the size of the building existing (or proposed) in this case. There is ample room for on-site storage and display of vehicles without intruding on required . landscaping. Arguably the larger the use, the greater the potential for impacts that cannot be accommodated on-site. However the relatively small size of the building on the site limits the potential impact of the use. There is ample room on the site to eliminate parking in the west twenty feet of the site and to provide for a handicapped parking space and aisle. Conditions of approval are included in the Staff Report requiring such improvements. b. The characteristics of the site are suitable for the proposed use, largely because the use can be conducted in the existing building and using mosdy existing improvements. Because the site has little topographic relief and is devoid of significant natural features, it is not constrained to accommodate them. The only issue in CDC 18.130.040.A.2 about which the hearings officer finds there is any legitimate basis for dispute is whether the location of the site is suitable. (1) To the east are apartments. Those apartments are largely buffered from activities on the site by a substantial expanse of pavement between the site and the apartments. This paved area is parking for the apartments. Therefore activities on the site associated with motorcycle or automobile sales and storage are not reasonably likely to disturb apartment residents to the east because of the large parking and vehicle storage areas that separate the site from those apartments. Also a chain link fence separates the site from the apartrnent complex, reducing the potential for activiries on the site"spilling over" into the residential area. (2) To the north is a mixed residential development that includes townhouses and apartriients. One of the townhouse/apartment buildings is situated very near the noRh edge of the motorcycle site,and the doors to the units in that building aze elevated and open toward the motorcycle site. There is a roughly five-foot high board-on- board fence along the common boundary between the motorcycle site and the dwellings to the north. T'hat fence provides some buffering, but it would not be sufficient to meet the buffering matrix in CDC 18.100.130(Figure 17). It does not obstruct direct views of the site from the elevated entries and some windows in those units. The lunited landscaping on the motorcycle site does not mitigate the potential impact of activities on the site particularly as it relates to the nearby residencial units to the north. These characteristics of the site and its location warrant additional screening along the noRh edge of the site where storage of vehicles and solid waste occurs (i.e., east of the building). This additional screening also will help bring the site into compliance with minimum landscape standards.3 See below. A condition of approval is warranted to this effect. 3 Conrrary to the Staff Report,the hearings offioer finds no basis in the CDC for waiving screening and landscape requirements simply because the use has elcisted illegally for two years or because it is proposed where a commercial use once existed. The nonconforming use provisions in CDC 18.132 do not address nonconforming development of the nature in this case;they do not exempt the motorcycle shop from compliance with otherwise applicable regulations. The proposed motorcycle shop is ireated as a new use, whether or not it has existed illegally in the past. As a new use, it is subject to the standards in effect on the date the application was filed. Applicable standards for a new use include compliance with screening and buffering requirements. Hearings Offcer Fina1 Order CUP 98-0003 (Momentum Matorcycles) Page 5 ` (3) South of McKenzie Sueet is a commercial complex with a relatively lazge paved parking lot. The owner of that complex testified that customers of the .� motorcycle shop regularly trespass on her property to gain access to the motorcycle shop; that they park in her lot; and that they engage in other behavior that is disruptive or disturbing. The hearings officer understands this witness believes the site is not a suitable location for the motorcycle use, because of the foregoing alleged impacts of the use on her property. The applicant disputed the allegations. (i) The hearings officer fmds that the evidence conflicts. There is little"substantial"evidence to support either argument. That is, the owner of the commercial complex did not present any evidence to corroborate her testimony that the customers of the motorcycle shop do the acts of which she complains, and the owner of the motorcycle shop did not present any evidence to corroborate his testimony thal her claims are false. In such circumstances, the hearings officer must choose who to believe. (ii) In this case the hearings officer chooses to believe the testimony of the applicant that the clients of the motorcycle shop have little reason to cut- through the parking lot of the commercial complex, because there is adequate direct access to the site from Pacific Highway and McKenzie Street. Also there is litde reason for clients of the motorcycle shop to park on the site of the commercial complex, because there is ample parking on the site of the motorcycle shop and it is much closer to the shop than is the parking in the commercial complex. (iii) Lastly, although the hearings officer acknowledges that some clients of the motorcycle shop may engage in inappropriate behavior by accelerating too quickly or speeding, the hearings officer is persuaded by the applicant's testimony that the potential for such inappropriate behavior is minimized by policies and practices of the motorcycle shop. The hearings officer encourages the applicant to continue those policies and practices and to closely monitor and discipline employees and customers who abuse the good will of the neighborhood in which the shop is situated by engaging in inappropriate behavior on or near the site. Failure to do so may result in enforcement proceedings or revocation of the conditional use permi�. (iv) Enforcement of zoning regulations and land use decisions in Tigard is complaint-driven. If neighbors observe activities at the site that violate the code or the letter or spirit of this decision, the hearings of�cer encourages those neighbors to seek appropriate enforcement acdons by the City. c. There is no dispute to the findings in the Staff RepoR that adequate public facilities are available to serve the proposed conditional use. d. The proposed use does or can comply with applicable requirements of the CBD zone based on the relevant findings in the Staff Report and the following. (1) The building in which the use is proposed is situated less than 10 feet from the north propeRy line. That is a nonconforming situation based on CDC 18.100.130. But the building location does not cause or contribute to off-site impacts. It buffers activities on the site from the residential uses to the north. The hearings officer finds the CDC does not require the applicant to relocate the building to comply with required buffers. Nearings O�"icer Final Order CUP 98-0003 (Momeretum Motorcycfes) Page 6 � (2) The site contains less than 1 S% landscaping and is not suitably buffered or screened to the noRh 4 The hearings officer finds the site can better comply with , required landscaping and screening by providing a minimum 10-foot wide landscape buffer across the north edge of the double-loaded parking bay on the site and enhancing the existing landscape area to the west where there is room for it.s This will rcquire removal of pavement along the north edge of the double-loaded parking bay at the northeast corner of the site. Fast-growing evergreen vegetation in that landscape strip and along the north edge of that portion of the existing landscape area more than 3 feet wide will--- over time --- reduce the incompatibility between the conditional use and adjoining housing. A condition of approval is warranted requiring such landscaping to be planned for,installed and maintained in a timely manner. (3) The CBD zone allows automotive sales as a conditional use. It does not limit the number of automobiles that can be sold per lot or per unit of land. The applicant originally proposed to have not more than three automobiles on sale on the site at any one time. After the hearing the applicant requested permission to store and sell up to five automobiles on the site. Given the lack of restriction in the CDC and the ample parldng available on the site, the hearings officer finds the site can readily accommodate five automobiles for storage and sale without increasing the adverse impacts of the use. Therefore a condition of approval is warranted limiting the number of automobiles accordingly. Also,consistent with the applicant's oral representations, a condition of ' warranted is warranted prohibiting the applicant from undertaking substantial maintenance or repair of automobiles on the site. Minor vehicle maintenance should be permitted, such as filling, changing or rotating tires, changing oil or filters, and replacing small parts such as light bulbs or antennas. No body work, painting or other major repairs should be allowed. e. The Staff Report addresses signs and compliance with the applicable policies of the comprehensive plan. Those findings are not disputed. VI. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed motorcycle use is permitted in the CBD as a similar use if it complies with the standards for a conditional use permit The hearings officer further concludes that the proposed motorcycle shop and limited automobile sales facility do or can comply with the applicable criteria and standards in the Tigard Community Development Code for a conditional use permit, provided development that occurs after this decision complies with applicable local,state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. 2. The applicant's request,CUP 98-OQ03, is hereby approved, subject to the conditions in section II of the Staff Report, with the following amendments: 4 The site consists of tax lots 1701 and 1703. Altogether the site contains 17,860 square feet based on the tax assessment record in the file. Therefore at least 2679 square feet of landscaping is required to comply with the 15°lo requirement. There is now 1530 square feet of landscaping on the site based on page 4 of the drawings accompanying the application. Therefore the site requires an additional 1149 square feet of landscaping to comply with the 15%requirement. ' 5 A strip roughly 10 feet wide and 650 feet long will provide an additional 650 square feet of landscaping. Although less than the total required to comply with the 15%requirement,this new landscaping combined with improvements to the existing landscape area,is a proportionate enhancement of the landscaping and buffering on the site given the potential unpacts of the use. Hearings O�cer Fina1 Order CUP 98-OOa3 (Momentum Motorcycles) Page 7 '� a. Condition of approval3 is hereby added to read as follows: ,� 3. The applicant may store and display for sale not more than five automobiles on the site at any one time. Automobiles for sale shall be stored and displayed only in the portion of the site east of the building. Storage or display of automobiles for sale is prohibited along the Pacific Highway frontage. Repair or maintenance of automobiles on the site is prohibited,except for minor vehicle maintenance, such as filling,changing or rotating tires, changing oil or filters, or replacing small parts such as light bulbs or antennas. Body work, painting or other major repairs are prohibited. b. Condition of approval4 is hereby added to read as follows: 4. The applicant shall provide additional landscaping on the site as follows: (A) Within thirty calendar days after the effective date of this decision, the applicant shall submit to the City for review and approval a plan to landscape the north edge of the site. The plan shall show the following: (1) The applicant will remove pavement from at least the north 10 feet of the double-loaded parking bay in the northeast corner of the site and will prepare that strip for planting by adding soil and amendments as needed. (2) In the 10-foot wide strip required above and along the north edge of the site where the existing landscape strip exceeds a width of three feet, the applicant will plant evergreen shrubs that are at least five feet high at planting and are spaced not more than 15 feet apart. The species of vegetation planted shall be capable of achieving a mature height of at least eight feet.STAFF CONTACT: Mazk J. Roberts. ' (B) Within thirty calendar days after the effective date of the City decision approving the landscape plan required above, the applicant shall install the approved landscaped materials; provided,if it is untimely to install the landscaping during this time due to seasonal factors,the applicant may post a bond or other financial guarantee satisfactory to the City Attorney to ensure their timely installation within six months. (C) The applicant shall maintain the vegetation. The applicant shall replace with equivalent species and size material any plant that does not survive. D TED this 22nd da bru y, 1999. Larry Eps n, I P Tigard He ' gs icer Hearings O�cer Final Order CUP 98-0003 (Momentum Motorcycles) Page 8 r + Agenda Item: 2.2 . Hearing Date: February 8. 1999 Time: 7:00 PM � STAFF REPORT TO TNE HEARING'S OFFICER CITY OF TIGARD Commurrity�Dei�elopment FOR THE CITY OF TIGARD, OREGON S(tapittgABetter�'omrnunity 120 DAYS = 4/22/99 SECTION I. APPLICATION SUMMARY MOMENTUM MOTORCYCLES CASE: Conditional Use Permit (CUP) 98-0003 APPLICANT: Momentum Motorcycles, Inc. OWNER: James & Elizabeth Woodley Attention: Jon Bu�tness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 PROPOSAL: The applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District. ZONING DESIGNATION: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. SECTION I1. STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003—MOMENTUM MOTORCYCLES PAGE 1 OF 7 � CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTI�N: . (Unless otherwise noted, the staff contact shali be MARK ROBERTS, Planning Department 503-639-4171.) 1. The applicant shall comply with the ODOT requirements regarding access to the site and placement of parking described under Section VI of this report. A revised site plan shall be submitted indicating final site design. 2. The ADA accessible parking space shall be sized and designated in accordance with ORS 487. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS DECISION SHALL RENDER THIS DECISION VOID. SECTION III. BACKGROUND INFORMATION Site Historv: The subject property is located on SW Pacific Highway, west of SW Main Street and adjacent to the Main Street Village Apartments property. The site is currently developed with a single-story commercial building which was previously used as a real estate office and is now used for motorcycle sales. The motorcycle sales use was established on the site in March 1997 and the applicant subsequently applied for a Conditional Use Permit in 1998 as required by Code Compliance. Vicinity Information: The site abuts the Main Street Village, a 15-acre apartment development, to the northeast. The site is surrounded by property zoned CBD. Other nearby property in the vicinity of SW Pacific Highway are zoned General Commercial. The zoning transitions to high-density and medium-density residential and then to low-density residential with distance from the highway. The site is located adjacent to another commercial building containing offices and a hair salon. The two buildings share an access from SW Pacific Highway. Site Information and Proposal Description: The site is already developed with a building, parking area, landscaping etc. The motorcycle sales use has been ongoing since March 1997. The Conditional Use Permit is requested by the applicant to legitimize the existing use. In addition, the applicant seeks approval to expand the use to include limited sales of automobiles. The proposal would allow the applicant to take automobiles in trade against motorcycle sales and then to sell them directly from the premises. The applicant has stated that the anticipated number of cars that would be located on-site at any one time would not exceed 3. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98--0003-MOMENTUM MOTORCYCLES PAGE 2 OF 7 � �' COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: - � This application was submitted on June 23, 1998, before the 11/26/98 effective date of the revised Tigard Community Development Code. Therefore, pursuant to ORS 227.178(3), � the proposal has been reviewed for compliance with the applicable code standards in effect at the time of submittal. The proposal under consideration is a change of use. The proposed use is a conditional use, whereas the previous office use was permitted outright. The approval standards of Chapter 18.130 are therefore, the governing standards and are addressed immediately after the standards of the underlying CBD zoning district. hapter 18.66 Central Business District (CBD) Zone Use Classification: The applicant requests Conditional Use approval for a motorcycle and limited used automobile sales operation. This use is classified in Code Section 18.42 (Use Classifications) as "Automotive and Equipment: Sales/Rentals, Light Equipment". Code Section 18.66.040.A.2 lists light automotive sales as a Conditional Use in the CBD Zoning District. Dimensional Requirements: Section 18.66.050 provides the dimensional standards of the CBD zone. The CBD zoning district has no minimum lot area requirements, no minimum lot width requirements and no setback requirements except that a 30-foot setback is required where a commercial use abuts a residential zoning district. Since the site is surrounded by property within the CBD zoning district, the 30-foot setback requirement does not apply. The Additional Setback standards of Chapter 18.96 and the Buffering standards of Section 18.100.130 also apply and are considered later in this report. The dimensional standards of this Section require a maximum building height of 80 feet and the existing structure is approximately 24 feet high. This section requires that the maximum site coverage in impervious surfaces shall be 85%, with 15% landscaping provided. The applicanYs site plan indicates that only 11% of the site area is currently landscaped. However, since the non-conforming condition is pre-existing and since the change of use will not increase the degree of non-conformity, the applicant is not required to bring the site up to standard. Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use; The space needs of the proposed use include retail floor space for display, sales, storage, office space, etc. and exterior space for off-street parking, circulation and access. The retail floor space is provided within the existing structure although some motorcycles are placed on display in front of the building on the Pacific Highway frontage. The fact that the motorcycle sales use has been in operation for almost two years indicates that the size of the space is adequate for the use. The proposed automobile sales aspect of the use would presumably also occupy exterior display space although the applicant has not identified any specific areas where this would occur. Section 18.106.030.C.7.g requires minimum off- street parking of 1 space per 1,000 square feet of gross floor area, but not less than 4 spaces per establishment. The site plan indicates that 21 parking spaces are provided, in excess of the minimum requirement. The site dimensions therefore are adequate for provision of off-street parking associated with the use and provide additional space for display and storage of used cars as proposed. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. As discussed above, the size of the property is adequate for the proposed use. The shape and location of the property gives the site 30 feet of frontage on Pacific Highway, an established State highway and local arterial route lined with commercial land uses. The site is flat and is fully developed. There are no natural features. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 9&0003�v10MENTUM MOTORCYCLES PAGE 3 OF 7 � All required public facilities have adequate capacity to serve the proposal. The site is fully developed and is located adjacent to SW Pacific Highway. The site has existing water, sanitary and storm sewer. The proposed automotive sales use is unlikely to be more intensive in terms of these public facilities than the previous real estate office use. Storm water runoff will not increase as a result of this proposal since no additional hard surFace area is proposed. Southwest Pacific Highway is fully improved. The site will, therefore, continue to be adequately served by existing public facilities. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable requirements of the CBD zoning district are addressed earlier in this report. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. The applicable standards of Chapter 18.114 and Section 18.120.180 are discussed later in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Standard Dimensional Re�uirements for Automobile Sales uses: Section 18.130.150.5.a.(i) requires landscaping and screening in five feet of the perimeter setback. As noted earlier, the CBD zone does not require a perimeter setback. However, Section 18.130.040.C.3 gives the Hearings Officer authority to impose additional setback areas as a condition of a Conditional Use. It is Staffs opinion that the proposed use will have less visual impact than a typical automotive sales use since the motorcycle sales area is mostly indoors and since the used car sales will be limited to just a few cars. Staff, therefore, believes that landscaping and screening around the entire perimeter is not necessary but that landscaping and screening is appropriate along the site's northeast boundary where the commercial use abuts a residential use - the Main Street Village apartments. The applicant's site plan indicates that landscaping in the form of grass sod is provided along the northeast property line. Although the landscaped area is only about 3 feet wide between the building and the fence, this condition is dictated by the existing position of the building over which the applicant has no control. The applicant's narrative indicates that a sight-obscuring fence also exists along this property line providing the screening required by this section. Staff recommends that the Hearings Officer find that the existing landscaping and screening satisfies this criterion. Chapter 18.120 — Site Development Review: As noted under approval criterion #5, the applicable standards of 18.120.180 also apply as approval standards of a conditional use. Staff finds that the proposal contains no elements related to the following Chapters referenced under 18.120.180 or is expressly exempted from the provisions of those Chapters and that they are, therefore, inapplicable as approval standards: 18.120.180.A.1(a) Sensitive Lands; (b) Manufactured Homes; (c) Density Computation; (d) Accessory Use and Structures; (e) Additional Yard Area Requirements; (f) Building Height Limitations; .(g) Landscaping and Screening; (h) Visual Clearance Areas; (i) Off-Street Parking; (j) Access, Egress and Circulation; (I) Tree Removal; {m) Street and Utility Improvement Standards. The provisions of subsection (k) Chapter 18.114, Signs, are applicable, as previously noted and are addressed elsewhere in this report. The following are the specific Site Development Review approval criteria: 18.120.180.A.2, Relationship to the Natural and Physical Environment. This section is not applicable because the site is already developed and contains no natural features. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 4 OF 7 �' ' 18.120.180.A.3, Exterior Elevations. This section refers to residential structures and is, � therefore, not applicable to this commercial use. 18.120.180.A.4, Buffering, Screening and Compatibility between Adjoining Uses. � This section requires that buffering and screening be provided between different types of land uses. The change of use proposed is from one type of commercial use to another. The commercial use of the existing building pre-dates the development of the adjacent property to residential use and no new structure is proposed. Therefore, this criterion does not apply. 18.120.180.A.5, Privacy and Noise. Subsections a. through c. of this section refer to residential development and new construction and, therefore, do not apply. Subsection d. requires that uses that create noise, lights or glare be buffered from adjoining residential uses. Since the proposed use is not a repair or body shop, staff finds no reason to believe that the proposed use will create more noise than any other retail use with associated parking. Furthermore, the site's location adjacent to Pacific Highway is in an area of significant background noise. Staff recommends the Hearings Officer find that the proposed use will not generate noticeable additional noise. 18.120.180.A.6, Private Outdoor Area; 18.120.180.7.A.7, Shared Outdoor Recreation Areas. These standards are not applicable as they deal exclusively with residential uses. 18.120.180.A.8, Development in the Floodplain. This standard does not apply because, according to the FEMA floodplains map, the subject property is not located within the 100-year floodplain. 18.120.180.A.9, Demarcation of Public, Semi-Public and Private Spaces: Crime Prevention and 18.120.180.A.10, Crime Prevention. These sections do not apply because the design of site improvements and the structure on the property are pre- existing and not affected by the proposed change of use. 18.120.180.A.11, Access and Circulation, 18.120.180.A.12, Public Transit and 18.120.180.A.13, Parking. These sections do not apply because the site is already developed and the proposed change of use does not require additional parking (the previous office use required 1 space per 200 square feet and the proposed automotive sales use requires 1 space per 1,000 square feet) or any change to the access and circulation design. 18.120.180.A.14, Landscaping. This section requires that a minimum of 15% of the gross site area be landscaped. This standard is addressed earlier under the Dimensional Standards of the CBD zoning district. 18.120.180.A.15, Drainage. The storm water drainage system for the site is already in place and no additions or modifications to the hard surface area are proposed. Therefore, this criterion does not apply. 18.120.180.A.16, Provision for the Handicapped. The use is required to provide less than 25 parking spaces and is, therefore, also required to provide 1 ADA accessible parking space. This one space must be van accessible and must be sized and designated as required by ORS Chapter 487. As noted below, ODOT has expressed concern over the location and orientation of the accessible parking space indicated on the site plan. ODOT recommends the site plan be redesigned so that there are no parking spaces within 20 feet of the access to SW Pacific Highway. The condition of approval requires that a revised site plan be submitted that demonstrates compliance with ODOT requirements and that the van accessible parking space be sized and installed as required by ORS 487. 18.120.180.A.17, Signs. Compliance with the Sign regulations of the Community Development Code is addressed below. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003-MOMENTUM MOTORCYCLES PAGE 5 OF 7 18.120.180.A.18. This subsection requires that the proposal comply with all of the . regulations of the underlying zone. The CBD zoning district standards are addressed ' ea�lier in this report. Chapter 18.114, Signs: This chapter regulates the allowable signs associated with the proposed conditional use. Section 18.114.130.C.1 sets out the specific area limits for allowable sign-types within the CBD zoning district. The applicant has not indicated the size and location of any existing on-site sign or proposed any new sign as part of this application. If the conditional use is approved, the applicant must apply for and obtain any required sign permit from the City's Development Services staff. SECTION V. OTHER STAFF COMMENTS The Building Division has reviewed this request and provided the following comment: • If inspection of use finds use of flame or flammable liquids used in the process of auto- repair within the shop, the use becomes an H-Y occupancy and restrictions will be enforced by Tualatin Valley Fire and Rescue and the City Building Division. The Engineering Department and Police Department have reviewed this request and provided no comments or objections. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed the proposal and provided the following comment: • The applicant is required to fill out an Agency Sewer Use Information Card. Please contact the Source Control Division at 844-8931. The Oregon Department of Transportation (ODOT) has reviewed the proposal and provided the following comments: • The access to the property will be from the existing access. The access will be restricted to an entrance only. The applicant is required to obtain an access permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is too close to the access point and may cause conflicts at the access location. The site plan should be redesigned such that there are no parking spaces within 20 feet of the access. • ODOT permits are required for access and all work in the State right-of-way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-5002 for applications and information. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003�vIOMENTUM MOTORCYCLES PAGE 6 OF 7 � � STAFF RESPONSE: The above ODOT requirements will be met through conditions _ of approval. Staff has studied the site plan and finds that removal of parking spaces within 20 feet of the access will not • reduce the level of parking provided below that required by Chapter 18.106. No further comments or objections have been received. February 1, 1999 PREPARED BY: Mark J. Roberts DATE Associate Planner - �- � �� February 1. 1999 APPROVED BY: Richard Bewer DATE Planning Manage� i:1cu rp I n\mj rlcu p\cu p 98-03.rp t ?J8/99 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003—MOMENTUM MOTORCYCLES PAGE 7 OF 7 � '! . � � I I � � � i � � Z� i O i I � + ��i+oii �� 2130 � i 2 � ..� ' � j ° ��"�"'"E I J� � J � oOYfw oOMM � Q � � p�p � < 3 � � � f.�i a o a � 'w i V i � _ � � � � � g � � � i ,�, �,� -� Z �,.,�.� _� Z � �� . .�� a�� Q b�'° ,�.' � � � .� _� � oF w�r nic�rr oF w�r nic oF wwr � DRIVEWAY � � a � zise• � � � � Q � C� , _ ` F-- ; � � LL � . � o � i � �- � i � � �_ - U F-- MCKENZIE STREET � DEAD END � CASE MO[Sl 8 CQSE MAME[Sl: S1TF�PlAN cuP 9s=0003 EXNIBIT N�AP N Momentum Motorcycles . . GEO4RAGMIL iMfONNnT10N SY9TE4 �'� N F�� A �� VICINITY MAP � Q � i = _ _ _ _ _ w CU P 98-0003 ST _ � — — — — — — �P�� MOMENTUM i MOTORCYCLES � �� , F�2/� _ SUBJECT PARCEL I sT � , �� ♦ ��y � N . G>, , 0 100 200 300 !00 Feat I I1':302 leel II �`�y �sy ,�� Ciry of Tigard �// O Infortna6on on this map is lor peneral lotatlon only and �� 2 �hould ba wAfiad M+N Ne Development Services Dmsion , /-� 13125 SW Hall Blvd y .Cl� v I Tiqard.OR 97223 � � (503)639d171 htlp://WYV W.GI.l102ftjAf.US Go:r�nunityQevelopment Plot date:Jan 19, 1999;C:lmagiclMAGICO2.APR � .� James Woodley EXHIBIT B �PAGE 1 OF 11 5150 NW Valley Court NOTICE OF FINAL ORDER BY THE Camas, WA 98607 HEARINGS OFFICER (Hearing Date: 2/8/99) Jon Burtness CUP 98-0003 12700 SW Pacific Highway MOMENTUM MOTORCYCLES Tigard, OR 97223 Aldee Howard 1820 SW Vermont Portland, OR 97219 Rose Gospodinovic 12750 SW Pacific Highway Tigard, OR 97223 I � , , , � C�NDITI4NAL USE APPtICATI�N 13125 SW Hal1 Blvd., Tigard. OR 97223(503) 639-4171 FAX.� (503) 684-7297 CITY OF TIGARD GENERAL INFORMATION PRE-APP. HELD WITH: DATE OF PRE-APP.: 1 Z Property Address/Location(s): �a i�C'� S• W l�p�r r%C �-�wy 7� ��f c�� - �� 3 ,� l FOR STAFF USE ONLY Cc , Tax Map 8�Tax Lot#{s): __n'11�t� � �? S ! �8-17 �n Case No.(s):/�� -°��`3 � �: -f- � 1'?o � � j� e�6 Other Case No.(s):�A��6` Site Size: � � 3 �� Receipt No.: CI� ` 3�� Property OwneNDeed Holder(s)': �Ar�e� (?, � E(s��ab��, � y�ct;r!ey ApplicationAccepte�B� � � Date: (9- �3 � Z Address: 5 i� � i'� �� U f�l�e� C'�li� � Phone: ��Q ��y y�'Z City: �t�✓� /-}S� �!a Zip: �(oa'7 Applicant•: ��h/ (`��d' �r�tis s ,��'eS• i'��a�lerifa,rl /�'e�/�y��rf Date Determined T �Be Co plete: , i��, G Address: � 2 70 6 S.�,.l. �i�Cr F u�,,� Phone: S��?)�;�y_C?yc � -�- C�ry' •�i G� R I� Comp Plan/Zone Designation: Zip: �� 2�� `When the owner and the applicant are different people, the applicant ,o must be the purchaser of record or a lessee in possession with written CIT Area: �-7,��6(,, authorization from the owner or an agent of the owner. The owner(s) e�.arzsrs� i:lcurpinlrtwsterslcua.doc must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request Conditional Use approval to allow (please be specific): � /e � c �� Application Elements Submitted: , � l G�� t`' c_ �- � l E- � � " C� ApplicatlOn FOnn p Owners Signature/Written Authorization � Title Transfer Instrument or Deed Q Site/Plot Plan (#of copies based on pre-app check list) Q' Site/Plot Plan (reduced 8'/�°x 11") A I�canYs Statement � Q� pP� � (#of copies based on pre-app check list) p ar ( � q ❑ Filing Fee�1�1��Oo` SKS.ov 1 . � . . ' � I List any VARIANCE. CONDITIONAL USE, SENS(T1VE LANDS� OR OTHER LANO USE ACTIONS to be considered as ' � pa�t of this appl(cadon: � . � APPLICANTS: To conside� an applic�tlon compleb, you wiq need to submit ALL of the REQUIRED SUBMITTAL EL MENT� as describ�d o� ths front oi this application In th�"Required Submitt�l Elements" box. (Oetaited Submitta!Requirement I�fortnabon sheets can be obtained, upon request, br all rypes of Land Use Applications.) TNE APPLlCANT(S)SHALL CERTiFY THAT: . The above reauest does not violate any deed restricdon� that mav ba attarhe; to or impose: unon the subjg� �� • If the appGcation is granted, the appficant wi�!exercise the rights granted in accordance with t�e tertns and subject to a11 t�e conditions and futvtations ot Ne approval. • AII of the above statements and tfie statements in the plot plan, attact�ments, and exhibits transmitted herewith, are true; and the appGcants so acfcnor�rledqe that any pertnit issued, based on this application, may be revoked if it is found that any such ssatements are false. ' • The appficani has read the en�e contents of the appfication, induding the poficies and criteria, and understands tf�e requirements for approving or derrying tt�e appl'icatio�. _ SIGNATURES oi g�owner of the subjeci property. DATED this day of �g �?vme�s Sigriature Ovmer's Signature Ovmers Signature Ovme�s Signature 2 � r c� ,- S� ��.�-'�r. . �(D �f��csz � __ _I J�� . �� Y ��'� 9�i,'''` � � r � � ��w� �,.5� ��6�9� �". , i� � � CITY OF TIGARD Cornmunity�[�ez�eCop�nent ,S'(r�i��i�r��_�1 �i��'tt��r('��mtrrinrity LAND USE PROPOSAL DESCRIPTION 120 DAYS = 4122/99 FILE NO.: CONDITIONAL USE PERMIT[CUPI 98-0003 FILE TITLE: MOMENTUM MOTORCYCLES APPLICANT: Momentum Motorcycles, Inc. OWNER(S): James & Elizabeth Woodley Contact: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102�B, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: FRIDAY IANUARY15,1999 STAFF DECISION DATE OF DECISION: R HEARINGS OFFICER DATE OF HEARING: 2/ /99 TIME: 7:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 7:30PM_ CITY COUNCIL DATE OF HEARING: TIME: 7:30 PN! COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION x VICINITY MAP x LANDSCAPING PLAN x NARRATIVE x SITE PLAN x ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Mark J Roberts, Associate Planner �503) 639-4171 Ext 315 CUP 98-0003 MOMENTUM MOTORCYCLES PROPOSAUREQUEST FOR COMMENTS , , I CITY OF TIGARD December 24, 1998 OREGON ' ,� Mr. Aldie Howard Jim Griffith & Associates 1820 SW Vermont St., Suite K Portland, OR 97219 RE: Notice of Complete A�plication Submittal - CUP 98-0003 Dear Mr. Howard: I have reviewed your additional application materials submitted regarding the above- referenced case on behalf of Momentum Motorcycles, Inc. This letter is to inform you that your application is considered complete and has been accepted by the Planning Division. If you have any questions about the land use review process or about the contents of this letter, please feel free to contact me at 503-639-4171 ext. 315. Sincerely, Mark J. Roberts Associate Planner i:1cu rpinlmj�lcuplhoward.cm p.dot c: CUP 98-0003 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 I _ 94a5936Q ^ ��aSfllfli'Ic��l L��CIlf�' � YatTc 1 uf �' _ STATE OF OREGONI � SS County of Washington I, Jerry R. Hansan, Qirectv� ` ~JSH.�SS' ment and Ta�tion and Ex-(Ury ',uunty Clerk forsaid county,do herek�, . �dy that thewithin instrumeut�f wrltir�g v.d�ceceived and reCOrded in b0ok'ot n2Corda nf said counry. '(� [ J�rr.y R. Har+son, Qirector ot As'sessment and Taxa:ion,Ex- Officio County Cler►c Goc : 9�1059360 Rect: 124608 7.68. 0� 06/20/1994 03: 9U: 03PM r; � � �� • '„ F R � T'itle Urder Nv. �� c ' y Escrow No. 941G0372 After recording return to: � � ��'� 7an�es H. Woodley s� � 6740 S.L. Ash Street ,�� J Portland, OR 97215 �� Gntil a clrange is reyuested all tax statements �L shalt be se��t to the fulluwing address. i' James R. W oodley �' � 6740 S E Ash Street � c Purtland,OR 97215 � � � � a STA"Tt1TOR1' 1'�'A�2A.N1�' DEEI) � ;lci' .[lC{i_' L CI:P ) . i� Ll 'lil ��a �;. rson 7�YUSC 18tr•C� .�11bllSL �� / , 1993 J ��llan Yatei sori nn�j��i)c�lores T I'ate�son, I rustee under the Dolores T.Patersc�n Ti-usc dated August 27, � 1993 0, Grantor, cariveys and warrant5 to James R. �t'oodley, and Elizabeth F �Voodley, Cirantee, the % followin}; deticribed real property free of liens anci encumbrances, except as specifically set forth herein� �-� SFE EX�IIRIT "A'' .�"CTAC'HED ��ERE"I'O A�;U ?�iADE A PAKT I�'REOC �,r 7 ' i 71�i5 ��r��E:,c:tti� i; frer o�l�ens az►d encumhracces, FXCrPT� � THIS IN5TkL'LiE.N1� ��'II.:L 1�;UT .ALLUN' Us� oF �rr�E PROPERrY DESCRlE3ED 1N THIS ;'. INSTKUI�'LENT Iti �'IOL,ATiON OF APPI.ICABLE I.AI�'D USE LAV►'S AND REGUI,ATIONS. ,"� HtiFC)ft�: S1G'�l'�C� OR �CCEP�'ING THIS INSTRUM.FI�1'I', 'THE PERSON ACQi_3IRING FEE ''�:.,{..., Tl tLF TU l�Ht: PkOPERTY SHOULll CfiE�CK �'VI�fH 'Ttir APPRC�PRIA1'E C1T1' QR CUU\T�' PLr�NNItiCJ t)EP:�RT1��ll;N"r �ro Vt�R1FY API'KO�'ED L1SES ANU 1'U DETERNII;�E �NY LIh'IIT� OI� I..Ati�'�;t!i`I'S A(iA1f�fST F:��T1NG OR }�OKEST PRACTTCES AS DEPINED IN ORS 3U.93U. :v� the tnse cc�nsid�;ration foi� :his canveyance is $ 2?5,000 �J {liere comp!}� "�ith tne requiremei�iti �f ORS : 93.030�) f� �'�"`e . / ted th�s dav ,_, , I`.+�`�, __ -- ��-Y_� ; / ; _� .L%�'�-f-��t--- ---- __'.- - . ' . ; , r ,��,_ ._ l � . _ . ;'._i t c°d :,�_:f�i i s t 'i J , l lan Paterson T r�.i s : � r' • '� v2i , 1993 �� '/� � " - ' —�- - / �-��F-,-� � _� , Dolores T. Parerson, Trustee ��n�=F.: .,.� Dalores T. Paterson 'Crust dated A�_igu�,t 27 , 19�?3 BY: � 4 yr ��r. ' TON CGU"1T'f ' ��4+g� 1w{Q.SN1�G AX .;,'�•___-- �,. REAC f.,,: .:.Nry T,:aH::�t� r �� . �"1'�J-/ • * �:� x�" �' s Z � � t'•��TE ��'. � AIJ r �� .. ��,�+;� � F >' � r � I I __.�. - . ST�"1 E: U� U1tEl1U'� } �( '� ' County of � �. � �'��'�' `�L' } '�.�: °��F ��,�4e ��1t � � t: -�" . "fhis instrument was acknowledgeci before rne on� 19, by 3. Allan Paterso�i�,e�a�,�l� rind Dolores T. Paterson Trustee under the Dolores T Yaterson "frust Uated August 27, 1993 '�;:'CrustF_� tincier.• t1�e 1 . �l an P ter% r�iST d � t�d :'1u<,ttst 17 , � 993 . �.� �-�'�� . otary Public tor Ore�on ,�r-,, c�s�c a, � -r,� ��'�'p'� � . ._, My C mmission k;xpires ��1�� `� % \Oi �J�J � PAY COM;�3:;i(� .�_ � � `_.:�' ::�9 t597 _,�r . ��;� r:.. r. ! � � � � . atP'eeMwl�s��A'�1!� � � , Oroer �'�o. "5:3'47 EXHIB�T "A" • :� �.a�cel of I�r�d in Sectior. ?, Tav�r�ship 2 �c,:_,t�,, R:3nqe 1 +fJe;t ri! t!�� :ti'ilfan,ette ?!?��idian, in the Ciiy of Tigard, County of b^Jashir�gh�n �nd Siate cf Or�gnn, _and .� �;c�ri;ot� of ;hE p�cpnrty dPSr..;ibad �n Book 406, . paye 683, tiVasii�r,,�tan County De�.;�d Re��.rds. Or��,n. ar:d m�;ra ,:��,rt�cul<,c!y dascribed as 'oii�ws: Begiiinir�� ;t a ��oir,t :n the East ,irte of Lot 1. c�,E'•�;I�JG UR�;hriRU TRAC7S. �:�s rBCJrGC� ifl t�1F, R�CO�CIS of V1�'ashirgcor� ��a�n�v, Ore�un, sai-J ��irit bein; als� `�nat� 4�;° 1G' �asc ;3.:J fapt fr�m th� h��nheast CO�f+°f G� S:1iU i_U( � clflC� G�SU c� fJ�.i'i1( U�1 �(li� c0�11I''�uSTECI�' f)OlJ11J�f�� Ui J�/�+� PA;;ific r+:gi�way, tiier�ce �outh 44`10' Ea�? alo:�� ne sai�i Ca5'.etiy li�,,;� :�f Lot ', t 54 7� #eet 1� a -�r:nt. thence Nnr?t� �.5°�0' East 78.98 feet io ari irun r�,c1 at tl'� �;ruP pc�int of beyinr;;ri� of ts�e p�rcei ',,erc:in desr,rihetl, tlaenc;u �Jc,rth 45°50' East 65.00 feet ic� ar, <<,n rud; tF�enc� Nonr� ��a°10' 'ti,Vesi 1�},',;G `2t;: i:; �!'� ir;;�i rod or7 tt-.e �oittt�e�s'.�rly boundary of � SVV I�4Aif �'rP.t'' 'ht�•,�� di,,rg the �arc of a cur�e anc! th�� So�.itt,easte�iy bc�uncl�ry �.-�f SW Mai.� Street tc an iron roc: a� �:E �,p��oxirr;ateiy �rltarsec.i;r,�i .vit�� ;i,e ��.�.�t;��c«��tt:ri,� bc�:�uia.ry of :aici SVb' Pac°rfic Highway (crorci t,��.� �. S��t!t� �t;°26' Vr�ESI B�.1U fBE?I�; tt�an�e So:!'h �t�°10� Fe�t '54.80 feet to an iron rou and true po�r�� t �:r��_�.+� r,�rr� - � � � r:,rCei ��erair: de�c�ibac:. �"OGEif�E� �Jti.�'E^ ,� _� i-r"',�JSllc fil�Fit O; b�r"3'�/ °6ti�f!1Qf�( f:�i $ ;:adway c�n. .:��er and a��rc;S� t}:r �O��ObVI11C� descricau ��rr,ises �rl� il �;!i ;:f �;L�fy '(�n� , . �JLCi��^:ESr��f�� 'lCilBi i.� d._.�.I'v'N i1�5i:;t�ic�J �.'�it�:�� I> �Ic' . ._ '.(1 �l� f',;;'�.'�' li�. Be� nn;n_� a: ar� ,-or: rcc: ;�n;; ti-e t;ue point a` k:ey�r ;�ir� oE Ti,n auc�ie c+es�.r�b�d r;arca� a��d tr�.:e poirt of b@�It'!"f'_� .;( :(�:5 '�:�`'t Os ':+uj c`i7",u 'U!"liltll�] L�'1PY'�Q ��'1.!'�, ;J'..'_i� ��r@�! Ui,�:S i<?E�� iil ttl2 :iC�i'�f1C�StB��'y 5lCjC' of saii: Fxi.:[in:� r�,';t .'f ��c1�;: �herCe �`�::rt`; =;4°'^' d':'e:.'. '.�.`.,�i'. FE'�'t. uiCr,;� �►`�. Sc�._:thEds.• .� �;ide uf existf;lg rl�ht :;i .ti:7� i� Ci �:i'Iflt; ir'F.'1Ct' tiORr w:7':�F;' Caj: E�7�+� f@H1 �'• =1 ��Uil'' �.7f1 ��tg COttt�i'I!@StE��V ��:iP of above �ES�'.ti'_ �r. !lF-' ._c� �^•_1i!1 wH` lU� ��;,i�' lti.i%G �( �i. ;,.�;)I'�:� ;Il? .r)i:'r}v1tS�E.�t`f iil�E: Jf 8CC)VR �i-'SCfIb2C� par�_!. ,.� � . , . . •„� ,1r,�1 iru� :>r)ini Gf t2_;inl1lr�,` ,:;f th�:. .:t'i�t ilf :i8/. �'-°4: AL��J :t�,, r;�,�t :��, �.;�e tf,� abr�:�e rr��ntiured ex:st�rg r'gt;t ai way o:�er tt�� Sc�tr��r:PStr.C!'j 1� fr,��'. of th� gr=:!�? ,.. r• ., �„�i:a ,,r:,pert�'. 1 i ; i I I � � ,;. � ��... _c `. � _. t �! _. .. I �';. . � VALUE CHAIVGE I��TICE � ` ' I � . i`t':nV? Last Year Thrs Yaar �� Code Area j Accoun? Number ..,;�; 82 , 640 1 Q6 , 180 423. 74 _ ' _- _--- _ iR461850 ; J STRUCTURE ( �} 108, 870 127 , 79O ��re9�n PropertyTax v�ar �_�TAL RMV 191 , 510 233, 970 � 7/ t/96 to 6/30/9 7 — _ - .— _- _ County � ��SESS�D VALUE ( AV ) WASHINGTON REAL � 11�/. LQNd 8`Z ��4� ��6, 1 8O j- -- --P;cnerty DesCript�on (!�4ap N,:m;�en- — - A AV STRUCTURE ( S I 108,870 127 , 790 ; — - ; — � — --- --- � - ' �J Tpwnsrnp� fiange occs�r�r , +'4 ' 1116 � T.,- -�-�t � Sp�c�ai Interesi a 191 , 510 233 , 970 � 2S12AC-01701 � TOTAL AV , — n,:��- ... _; a�r, �.-:: r —p�,i� N�irnbe. U EXEM�TI�N 32 20t2 � T NET ASSESSED VALU� 191 , 510 �33, 97Q =- — - - - - — �-- � �27�0 SW PAC: FIC H�1Y � — — -- ---- � p.;,�,,..,y , ,x;�s 2 , 624 . 39 3, ?85 . 5J WOOOLEY , JAMES R & ELIZABETH F ��}� : n740 SE ASH S? � --- r FOPERTY �AX `'AY�dtEhT t)'"•�ONS - PORTLAhD� OR 97Z ��J �_'� tSee ..sert tor :�s.•�_ict�ona ana yo�� a�Feai ��qhls! R a-,,, H,,. :�:-��n �!':owea tset� .. ., ! p `' ACRES 32 P � :�� 1 ? 115/96 95 . 57 ?°� 3, 089 . 93 � E :� :+ 11 / 15/96 42 . 4'% ��6 2 , �81 . 20 � R . z 1 1115/96 NO�;E �,l°,� t , 061 . 84 � — - -- - --- - Y DfL'NO�lENT ?'AXES . __ -- - -• � ��',��pr�s�;!7C+L.C�6•Ulhr:�..r. -- -� . .�� •a..�r 1�T;�lU:��r . ` Y SEE INSERT �OR APP�.4� RiGHTS � q � � � �� AfVD PAYMEnT 1NSTRUC'.�ONS ' - -- - X __ . -��:,i ,�vicer:v ac�:c��.n�.= w��r. �» : See Tax�ng Ueta�l on back of statement r S �,inpaia b��ance fo� any ta. y:��sr f�r BreakdOwn cf Taxes By L7�striCt ; � -narked �u�th an �s:ensk ('; ar�. � � s�:c,,�� to tcr�::ios�. - � �:.i oa�� PLr�SE '�AAKE "rAvn,�FNT TO: r,rt ur bt`��r-� A+��r 75 4�,y „ � T �;, ;,��•�,,.A., �,,Tt�,,, NSSESSMENT & TAX�i�TION � � c,eyments rece�vec�,n m.a�,;::;un• � nitJST be appt�Ad �o d�:��i-�,.a,�� . l�i} P . �. 80x 3�J$7 + M ' ,`;�s ;,,s1 - FORTLAND , OR 97��;t� _ _ _ -- = - -- - - — r� "°- "'�`�'J'"`-�' ' 3 , 089 . 93 L'alue Questions - Ca11 6�+8-8826 T � ��, i� �:,i�, , ._ . . , = ' - - _- - - -- Ta x fl,�cc t �nr� - (�� 1 � Ft1R-RRfI� � Cther 9uestions - Call 648-8741 �'��-� AFFIDA�IT OF P05TING NOTICE WITHIN SEVEN(7)CALENDAR.DAYS OF THE SIGN POSTING,RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Boulevaxd Tigard,OR 97223 I, �;� �'>�� =�� % , do affirm that I am (represent) the party initiating interest in a proposed �� «�� { �� t� i�-/�'c��.c��.- affecting the land located at (state the approximate location(s) if no address�s) and/or tax lot(s) currently registered) %�� S ��_, ��-� �, Fic. l�w`�i �ic l��c C�� 2 , and did on the � day of �'Y� �c�'`- 1 19 �personally post notice indicating that the site may be proposed for a ` ��«� �«>�-!^ 1-t�� E{r-r�<< ��1�- .- application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at I a � o c� S � -�r�C-c F�_ � ��,�,� � � f �S 0.�-- -I i/��, ) j7 C 7 L. � '_ (state Iocation you posted notice on property) l � Signature (In the presence of a Notary Public) (fHIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPIETE'NOTARIZ� Subscribed and sworn/affirmed before me on the �S�`day of�� , 19?� OFFICIAL SEAL �='�•_ ' M JO ANN HAYES � - � �.'��' NOTARY PUBLIC-OREGON NOTARY P� BLIC OF OREGON =z� uc�AMNISStON NO.Oa2i a8 � 1 '��,o r•�`� ; ; �.+Ee��xp�qESMAY05,i999 My Commission Expires: m J� ° �-�...�..,.... �pplicant, please complete information below for proper placement with proposed project) ,- ---------------------------------------------------------------------� �A.�IE OF PROJECT OR PROPOSED NAi�1E: �TYPE OF PROPOSED DEVELOPMENT: � �Name of ApplicandOwner: � I Address or General Location of 5ubject Property: � L�Subject Property Tax Map(s)and Lot#(s): _________________________________� ----------------------------------- h:Uog inlpatty�maslers�affpost mst � � ' AFFIDAnI'T OF MAILING STATE OF OREGON ) � )ss. City of Tigard ) � '��'r� �``''��`��ss . being duly swom, depose and say that on /1�/� ,� S . 199�1 caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) /�r7C�d S c,J �� r-�� t,,w 7?�i,u-r-c� � �/ 7 Z � 5 a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at Sw �1�N�� s � P'`�-� r=��- /�fc� , with postage prepaid thereon. I Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETFJNOTARIZE) Subscribed and sworn/affirmed before me on the �� day of�� . , 19� ! ~�� OFFICIAL SEAL `��,�� M JQ ANN HAYES V1r�. � �� j ;��' :' ��Y��BIIC-OREGON `��-� e�+Mi��ro+r rvo.oo2,4a NOTARY PU 7 IC OF OREGON �-9- �J°��•��s,w�Y os.,s� My Commission Expires: �� 5, «`�9 ___..._..��.�..�,.,____._ (Applicant,please complete information below for proper placement with proposed project) iNAi�IE OF PROJECT OR PROPOSED NAME: ------------------------------------------i TYPE OF PROPOSED DEVELOPMENT: �Name of ApplicandOwner: � �Address or General Location of Subject Property: � LSubject Property Tax Map(s)and Lot#(s): � --------------------------------------------------------------� h:Uog m lpatty+masters�aftmatl.mst Nei hborhood meetin� minutes. . 4-09-98 7:30 PM At 12700 SW Pacific Highway, Tigard, Or. 97223 '� ' `�a ,ry � �lJ!(2�`i tiJ �J 6 wr�e� C�C �/J 2 S�t9 c.�1Cd� .g . Neighborhood meetin� si�n in sheet. Name phone # 1 . ;'��n�/�G�,c t��(�� -ti��o/��ti f�� I��L 2. vC�,,� ��..��'vt� 55 3. 4. 5. 6. 7. 8. 10. March 22, 1998 To RE: Momentum Motorcycles application for conditional use. Dear Interested Party, My name is Jon Burtness and I am the president of Momentum Motorcycles, Inc. We are representing James R. and Elizabeth F Woodley, owners of the property that Momentum Motorcycles is currently leasing, 12700 sw Pacific Highway City of Tigard. Tax maps#2s12bd and lot#1701. We are considering proposing a conditional use application that will allow us to sell vehicles from this location. Prior to applying to the city of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: April 9`� 1998 at 12700 sw Pacific Highway,Tigard,OR, 47223 At 7:30 p.m. Please noticc this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at(503)-639-0740 if you have any questions. Sincerely, Jon Burtness President, Momentum Motorcycles, Inc. JIM GRIFFITH � ASS�CIATES, INC. LAND/BUILDING USE STRATEGIES 1820 S.W. VERMONT STREET SUITE K 503R 293 080 OREGON 97219 RFL'��V�O F� 2�3-2216 �oM �FC I�� N�ryoFr•F� 998 14 December 1998 �P�fNT Mr. M.J. Roberts, Associate Planner City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: CUP 98-0003 Momentum Motorcycle My Dear Mr. Roberts, How fast time slips away. I apologize for the delays but finally I have the revised Site Plans for you to consider. Note the Landscaping Plan and the computations. Additional planting materials can be added if required along the existing fence line separating the properties. The majority of the lot has been paved. Ample parking exists and the actual sales of automobiles will be limited. Although the Site Plan does not show off-site improvements I have included a current aerial map which clearly indicates the complexities surrounding the site. You will note that the easements are included also. Please review this material and notify me immediately if you need additional information. To you and to the enrire Staff,Merry Christmas and Happy New Year. Yo ly � Aldie Ho S ' r Planner . � C��=3 November 5, 1998 �' -� .} CITY OF TIGARD Mr. Aldie Howard OREGON Jim Griffith & Associates 1820 SW Vermont St., Suite K Portland, OR 97219 RE: Nntic:P of Incomplete Submittal - CUP 98-0003 Dear Mr. Howard: I have reviewed your letter dated October 27, 1998 regarding Momentum Motorcycles and the above referenced land use case. You have provided information addressing almost all of the deficiencies noted in my letter dated July 6, 1998. First, I will respond to your comments about the process in general (the Conditional Use Permit and Variance) and then I will address specific application materials that are still needed in order for your application to be deemed complete. The proposal before us is a change of use from one type of commercial use to another. The previous use was a real estate office, a permitted use in the C-G zoning district. The existing illegal use, a motorcycle and (limited) automobile sales operation, falls within the CBD zoning districYs Conditional Use classification "Automotive and equipment sales/retail (sic), light equipment" (TMC 18.66.040.A.2). This use class is defined under Use Classifications (18.42.020.C.6.h - Aufomotive and Equipmenf Sales/Renfals, Light Equipmenf) as including "Sale ... of autos ... (and) motorcycles ... together with incidental maintenance ...". This definition seems to describe Mr. BurtnESS' operation perfectly, therefore, the land use action required for Momentum Motorcycles is a Conditional Use permit. The other important issue is the need for a variance. After reviewing the case in more detail, I see the facts as follows: The variance in question would be to reduce the 30-foot buffer requirement that applies where commercial and residential uses adjoin. This buffering requirement is found under Tigard Municipal Code (TMC) 18.100 which applies to "a change of use which increases fhe on-site parking requirements or which changes the access requirements." On-site parking requirements for a light automotive sales use (1 space per 1,000 square feet, 4 spaces minimum) are less than those for a real estate o�ce use (1 space per 350 square feet). Access requirements for commercial and industrial use types are based on the required number of parking spaces and, since additional parking is not required, would not change either. TMC 18.100 does not, therefore, apply to this change of use and a variance to the buffering standards is not required. However, since the proposed use is a Conditional Use, the Hearings Officer may determine that screening or additional landscaping are warranted to mitigate the impacts of the use. � 13125 SW Hall Blvd„ Tigord, OR 97223 (503)639-4171 TDD (503)684-2772 page 1 0 2 � � As noted earlier, your application remains incomplete in a couple of areas. Specifically, you have not submitted an acceptable revised site plan, a landscaping plan or the required number of copies of your narrative. The following additional materials are required before I can consider your application complete and begin the review: 1. Clarify the Site Plan. Please submit a revised plan. Please prepare your plans at an engineering scale (e.g., 1"=10', 1'=20' etc.). Your site plan should illustrate how you meet the standards for off-street parking, vehicular access and circulation, outdoor storage and pedestrian access etc. Your plans should include an "existing conditions" plan and a "proposed" site plan. The current plan does not show enough context (surrounding property, structures, accessways and parking areas) and is too small to be legible. While the City does not require full size plans when site work or construction is not proposed, I would suggest that your plans should be prepared on 11" x 17" sheets at a minimum. 2. Clarify the Landscape Plan: Please submit a landscape plan. Your existing conditions plan should show existing landscape area but a proposed plan is required to illustrate how you will meet the 15% minimum standard. If 15% is not "practicable", as you appear to suggest may be the case, you must apply for a variance (provided you can meet the variance approval criteria under TMC 18.134). The landscape plan should indicate specifically what species of plants you propose, including sizes, spacing and total landscaped area (% site coverage), and show how this complies with the requirements of the Development Code. 3. Submit Multiple Copies: 24 copies of the original application were submitted as required. Any additional materials must also be submitted in 24-copy sets. Please submit 23 additional copies of your application narrative (letter dated October 27, 1998) and 24 copies of the plans requested above. Once the required information has been submitted, staff will deem the appiication complete and begin the review process. A Public Hearing before the Hearings Officer will be scheduled and a staff report with recommendations made available prior to the hearing date. If you have any questions about the land use review process or about the contents of this letter, please feel free to contact me at 503-639-4171 ext. 315. Sincerely, ,� , M. J. Roberts Associate Planner i:\curpin\mjrlhoward 1.let c: CUP 98-0003 Land use file 11/5/98 Aldie Howard, Jim Griffith &Associates Letter Page 2 of 2 Re: CUP 98-0003- Letter of Incomplete Application Submittal JIM GRIFFITH 8z ASSOCIATES, INC. LAND/BL)ILDING USE STTtA7'EGIES � 18"LO S.W. VERMONT STREET SUITE K , PORTLAND, OREGON 97219 503 293-0805 FAX 293-2216 27 October 1998 Mr. M. J. Roberts,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Re: Letter of July 6, 1998 concerning property located at 12700 SW Pacific Highway. Dear Sir, It is apparent from a review of this project that significant progress has been made to date and that a few minor details need to be addressed prior to your approval of a Conditional Use. I have been retained by Mr. and Mrs. James Woodley to complete this application on behalf of the present tenant, a Mr. Jon Burtness of Momentum Motorcycles, Inc. There are two uses proposed; motorcycle sales and service and very limited automotive sales. T'his parcel of land is in the Central Business District(CBD)Chapter 18.66. Section 18.66.040 Conditional Uses( See Cha.pter 18.130}suggests two things; first that Conditional Uses are described or the process is described in Chapter 18.130 and secondly that in Paragraph A. number 2. "Automotive and equipment sales/retail, light equipment" are allowed uses under certain circumstances. Note that motorcycle sales and service are not mentioned nor is light equipment defined which then takes us back to Section 18.66.020 Procedures and Approval Process to Pazagraph B. which states again that the Conditional Use process is detailed in Chapter 18.130 but adds that, "If the use is not listed as a conditional use, it may be held similar to unlisted uses under the provisions of Chapter 18.43 Unlisted Uses." It would have been helpful had"light equipment" been more specific. Chapter 18.43 Unlisted Uses. Section 18.43.050 Approval Standards. Although it was never clearly stated in the Pre-Application Notes I assume that we should address these sta.ndards and will. A. "Approval or denial of an unlisted use application by the Directar shall be based on findings that: 1. The use is consistent with the Comprehensive Plan. In this case "similar uses" are allowed in the CBD zone, and if this request for approval of an unlisted use, a similar use, is approved, the approval will in fact conform then to the directives of the Comprehensive Plan. 2. The use is consistent with the intent and purpose of the ap�licable zonin�distriet. Again, we are only talking now about motorcycle sales and service because automotive and equipment cleaning and repairing is a permitted use and automotive and equipment sales are conditional uses. I think that it can be concluded that motorcycles are a means of transportation; a vehicle which although it is open and 1 has only two wheels nevertheless delivers a functional body from point to point albeit exposed to the vagaries of the weather and Quite often at a speed approaching that of � light. 4ne could then argue that although motorcycles are smaller than automobiles they are modes of transportation, and that the impact is less, but the intent and purpose of the zoning district could be met as a similar use to that of automobile sales and service. 3. The use is similar to and of the same �eneral tvpe as the uses listed in the zoning district. This is exactly the point that I just made. 4. The use has similar intensi , density, and off-site impacts as the uses listed in the zoning disfict. I would argue that motorcycles have similar intensity of use but less density, but that the off-site impacts are perhaps less because there are far fewer motorcycles traveling on 99W particulazly in late January. The use has similar impacts on the community facilities as the listed uses. Motorcycles . have similar impacts on the community facilities because they are driven on the roads, park in parking spaces, and pay registration fees. The request is that the City consider motorcycle sales and service to be similar to automotive sales and service in this zone. Turning now to the Conditional Use Requirements in Chapter 18.130. Section 18.130.020 Adrninistration and Approval Process. Response. A. The original applicant was Mr. Jon Burtness, the tenant, with authorization from Mr. James Woodley, the owner. B. A Pre- Application Conference was held on January 27, 1998 with Mr. Will Dandrea representing the City who has apparently moved on to larger planning texts. A copy of the Pre-Ap Notes have been submitted. C. It is obvious that more than six months have elapsed since the conference but the City has in fact been working on the application as evidenced by the letter from the City dated July 6, 1998 which is the reason for this response. In this case I do not think that a variance is necessary. Section 18.66.050 Dimensional Requirements: Non-residential Uses. Response. 1. No minimum lot area. 2. No minimum lot width. 3. This is interesting; "Except as otherwise provided in Chapter 18.96 and Section 100.13U, there aze no setback requirements, except 30' where a commercial use within the district abuts a reside�tial zoning district." The building on the abutting property to the south is an established commercial outlet including a dentist and a hair salon. West is Highway 99W. East is vacant. North is zoned CBD but there is a multi- family development (Main Street Village at Fanno Creek) in evidence which was constructed long after the building on this parcel. 4. The building is approximately 24' high. 5. No problem. 6. Almost the entire site has been paved. 7. 15% landscaping at a minimum will be provided if practicable. At this time 13,975 square feet of actual landscaping area exists on the total land area of 13,975 square feet. Just a little more than 12%. Additional land is available along the rear of the building but a site obscuring fence is in place there which would shield the sun from planting materials. The obvious difficulty in this case is the fact that when 99W was widened several years ago the front setback at this location was reduced. As a matter of fact Main Street right of way, as shown on the tax maps, started in front of this building. The present requirement in Section 18.96.020 Additional Setback from Centerline Required is impossible because the building would have to be moved about 20 feet back on the lot to meet the 50 foot requirement. Moving the building is not an option. Obviously the Code was written to 2 ' "guide" new development and we are left to struggle with reality. Luckily there is about 40 feet between this building and the one to the south which allows adequate , access/egress on site and an easement exists from this lot south at the end of the commercial building to another dedicated easement known as McKenzie Street. I researched the easements just enough to know that they exist and I have included the legal descriptions for your review. There is only approximately 3 feet from the building to the property line fence to the north. The multi-family residential structures at Main Street Village on the adjoining lot were constructed long after this building was in place. Anyway, we are stuck with what we have here. There is about 15 feet between the back of the shop and the apartments. An enor was made that cannot be corrected at this late date because 30 feet is now required by the Code. . I just do not see the necessity for any variance requests in this case. Site Information. The easiest way to show the site is with an aerial view. See attached aerial view. Constricted except at the rear of the building. Plenty of parking. Limited automotive sales can be accommodated easily on the lot. Remember that the applicant does not anticipate more than five cars for sale on the lot at any time. No exterior advertising will be in evidence either, so it is a very low key operation limited to cars "exchanged" for motorcycles. Noise. To suggest that this operation will increase the noise level associated with 99W is legitimate. To suggest that this operation will increase the noise level experienced by those residents of the apartments to the north is also legitimate. However, neither suggestion is truly valid because the noise level associated with 99W completely overwhelms any noise generated by any businesses abutting the highway. The sound of one more motorcycle is insignificant. Sales are projected to be in the high range of eight bikes per month but the machines are not operated to any degree. T'he operation will be open for 200 hours a month during normal working hours. It is anticipated that one outside bike will be repaired every three days on average. This is not a large operation. It will not create a large amount of noise and will not have a negative impact on the neighborhood. Landscaping. Section 18.100.015 Applicability: Approval Process. A. "The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures, and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements." This is not a new structure, no re-modeling will be done,the change of use from a real estate office to the use proposed wilt not increase the parking or loading requirements nor will it change the access requirements. The existing landscaping materials are healthy. No additional landscaping is contemplated at this time. Parking. There are 25 parking spaces on this parcel. One has been designated as "Handicapped Parking" immediately in front of the building. The Code calls for one (1) 3 ' parking space per 1,000 square feet of floor area. The building has 2300 square feet so figure 4 spaces mandatory and we have 21 "extra". All of the parking on this lot is owned � by Mr. Woodley. Storm Drainage. There is a catch basin on this parcel. Where the water goes is a mystery that only the City can solve. There is a catch basin to the rear of the lot which I think connects to a system that eventually flows into Fanno Creek. We have no records which indicate where the water gces after it leaves this site. Please review the enclosures and if you need answers to additional questions I will be glad to do whatever is necessary to satisfy your requirements. Thank you for your efforts in this regard. r ldie ard Semor Planner 4 � . July 6, 1998 �,, Mr. John Burtness, President �� OF n��D Momentum Motorcycles, Inc. QREG�N 12700 SW Pacific Hwy. Tigard, OR 97223 RE: Notice of Incomplete Submittal - CUP 98-0003NAR 98-0008 Dear Mr. Burtness: � Staff has completed a preliminary review of the application materials submitted for Conditional Use approval of a used motorcycle/automobile sales use and Variance approval for a reduced buffer area at 12700 SW Pacific Highway (WCTM 2S12BD, Tax Lot 01701). The following clarifications and additional information is required before staff can consider your application complete and begin the review: 1. Variance Application Form. You have submitted a Conditional Use application but make no mention of the Variance application except that you have paid the requi�ed fee. Please submit a Variance application (form enclosed for your use) that states the standard from which you wish to vary. Also, since approval of your application may require improvements to be made to the site, please provide property owners' signatures on the application or a letter indicating the owners' consent to any required improvements. 2. Applicant's Statement. You're letter dated November 1, 1997 is helpful in summarizing Momentum Motorcycles' use of the property, however it does not provide any explanation of how you propose to meet the development standards and approval criteria of the Tigard Community Development Code. This is especially important for the Variance application. For land use approvals, the burden of proof in demonstrating that a proposal meets the relevant approval criteria is on the applicant. Please submit a narrative which describes how your proposal meets the approval standards for a Conditional Use and for the Variance you are requesting. 3. Clarify the Site Information. Please submit rev'ised plans containing the information requested on the application checklist including items for which clarification has been requested in this letter. Please prepare your plans at an engineering scale (e.g., 1"=10', 1'=20' etc.). In general, your site plan should show how you propose to accommodate the use on the site and how the use will impact such things as parlcing, circulation, outdoor storage and pedestrian access. Specific site information that requires clarification includes: 13125 SW Holl Blvd„ Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 Page 1 of 3 � A. Properties within 25 feet. You must show any structures within 25 feet of the property lines. if there are no structures on adjacent property within 25 feet of the property line, please indicate that in your narrative. B. Noise. You have identified Pacific Highway as an off-site noise source. It seems that a motorcycle sales operation would be a potential on-site noise source. Please clarify the noise impacts of the proposed conditional use on surrounding property and land uses (especially the residential uses to the north). Include information on the level, frequency of occurrence and hours of occurrence of such noise. C. Easements. Please indicate the location of public and private easements. If there are no such easements on the property, please indicate this in your narrative. Spec'rfically, it is unclear whether you have exclusive rights to the access and parking on your site or if you share the driveway and parking via an easement with your neighbors to the south. The City's Development Services staff and/or the various utility companies will be able to assist in determining the presence of any easements. D. Right-of-way. Please indicate the location and width of the Pacific Highway right-of-way abutting the property and note the on-site dimensions (including setbacks) relative to that right-of-way. The City's Development Services staff will be able to assist in locating right-of-way. 4. Clarify the Landscape Plan: A. Description of maintenance program. Please describe how you propose to maintain the required landscaping through irrigation and regular maintenance and replacement (as necessary) of landscaping features. B. Proposed landscaping. It appears that you are proposing to install various plants and shrubs in the landscape strip. Please indicate more specifically what species of plants you propose, including sizes, spacing and total landscaped area (% site coverage), and show how this complies with the requirements of the Community Development Code (CDC). For your assistance, I have enclosed a copy of the City's landscaping requirements from CDC Section 18.100. C. Required screening. Please indicate how you propose to screen on-site garbage and recycling facilities as required under CDC 18.100.110 (see enclosure). D. Required buffering. It appears from the pre-app notes that you intended to apply for a variance from the 20 foot buffer requirement that applies where commercial development abuts residential uses. Your Variance application should include a detailed buffering and screening plan 7/6/98 John Burtness, Momentum Motorcycles, Inc.Ltr. Page 2 of 3 Re: CUP 98-0003NAR 98-0008 Letter of Incomplete Application showing how you propose to provide a similar level of buffering and screening within the reduced buffer area. Again, you shouid refer to Section 18.100 and the buffer matrix for specific requirements and � standards. As noted under #2, above, you should prepare a detailed narrative for your Variance application that addresses the approval criteria (see enclosure). 6. Clarify Storm Drainage. Please indicate �how on-site storm drainage is collected and disposed of. 7. Clarify Off-Street Parking Provision. Please demonstrate how the site is in compliance with the City's off-street parking requirements (Section 18.106), including number and dimensions of spaces, designated parking for people with disabilities and provision of walkways and bicycle parking. Your parking plan should also indicate how you will provide required lighting and landscaping within the parking areas. Your plan is unclear as to whether all the parking on the property is yours exclusively or whether it is shared with neighboring uses. I am enclosing a copy of the submittal checklist Mr. D'Andrea provided you with at the pre-application conference. The missing information is highlighted. I am also enclosing a copy of the pre-app notes with information highlighted that you may have overlooked. Once the required informatio� has been submitted, staff will deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. The 5-6 week estimated time to render a decision is from the date the application is accepted as complete. If you have any questions about the land use review process or about the contents of this letter, please feel free to contact me at 503-639-4171 ext. 315. Sincerely, � M. J. Roberts Associate Planner ' i:�curpinlmjrrcup98-03.1et Enclosures c: CUP 98-00031and use file 7/6/98 John Burtness, Momentum Motorcycles, Inc.Ltr. Page 3 of 3 Re: CUP 98-0003NAR 98-0008 Letter of Incomplete Application James R. Woodley and Elizabeth F.Woodley 5150 NW Valley Court � Camas, WA 98607 (360) 834-9382 March 8, 1998 To Whom it May Concern: Jon Burtness leased our building at 12700 SW Pacific Highway and has been operating a"high end" motorcycle store since his lease started in March of 1997. We gave him authorization to operate this business in our building before his lease started. We have monitored his business first hand by both announced and unannounced visits to the building. We have observed his clientele to be very friendly and professional. Some customers are accompanied by their families. Jon has always been the perfect tenant; his monthly lease payments have always been on time and he has always asked permission before doing anything that may affect the building. We hope this letter helps resolve any questions anyone may have about our authorization for Jon to operate his business. ��U l�-�� -��G�4-,�� James R. Woodley � Elizabeth F. Woodley James R.Woodley and Elizabeth F.Woodley 5150 NW Valley Court Camas, WA 98607 (360) 834-9382 March 8, 1998 To Whom it May Concern: Jon Burtness leased our building at 12700 SW Pacific Highway and has been operating a"high end" motorcycle store since his lease started in March of 1997. We gave him authorization to operate this business in our building before his lease started. We have monitored his business first hand by both announced and unannounced visits to the building. We have observed his clientele to be very friendly and professional. Some customers are accompanied by their families. Jon has always been the perfect tenant; his monthly lease payments have always been on time and he has always asked permission before doing anything that may affect the building. We hope this letter helps resolve any questions anyone may have about our authorization for Jon to operate his business. ,�%c��v � %�'�-u,�jy ��t��G��_ ;/James R. Woodley 1 Elizabeth F. Woodley � MOMENT UM�OTO�PCI'CLES; /rl/C. PHONE(503)639-0740 FAX (503)639-1719 12700 SW PACIFIC HIGHWAY TIGARD, OR 97223 November 18, 1997 To: City of Tigard Re: pre-application checklist enclosed: t�vo copies of site plan Proposed use: Momentum Motorcycles, Inc. has a primarv function to sell used Japanese street and off road motorcycles. Our current inventon� is 16 motorcycles and our total inventory could be as high as 30 units but no more. During business hours some of the motorcycles are kept outside, on display, then indoors at night for security reasons. This limits us to as much as 30 units. Other uses of this address is the repair and service of motorcycles and sales of parts and accessories. We would also like to be in the position of accepting automobiles as trade in on a motorcycle. This type of transaction happens occasionally and to legally be able to provide this service to our customer would require us to be licensed by DMV. Current inventory of autos is 0 and could be as high 3 autos. We are requesting the city grant us permission to sell used motorcycles and a few used cars at this address. Current owners of the property are: James and Elizabeth Woodley 5150 NW valley view CT., Camas, WA 98607 phone: 360-834-9382. Momentum Motorcycles, Inc. holds a 3 year lease with the Woodley's to expire in March of the year 2000. A five year extension beyond that, with an option for Momentum Motorcycles to purchase the property. A topographic map was not available. �Sir�cer�ly, � .�`1tt Burtness President, Momentum Motorcycles, Ir�. C1TY OF TIGARD C�tit1NUNITY DEVELOPNIENT DEPARTtitENT ,�PPLICATION CHECKLIST cirv oF noaRn The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submityour land use application. See your application for further explanation of these items or call the Cfty of Tigard Planning Division at (503) 639-4171. Staff: \,��?� Date: � I Z� )��'� ,�PPLIUTION & REL�TED OOCUti1ENT(S) SUBMITT.i� REQl1IRE.�tENTS I N C L I,'O E ,/ ,ti q R K E D I T E M S A) ApFlication ro�m (1 copy) 8) Owner'; signatu�elwritten authorization °� C� Title transfer instrumendor grant deed � �) Applicant's statement � E) Filing Fee No. oi Copies _��{ � f��oi� StTE-SPECIFIC ,�P(S)/PL,�iN(5) SU6tiUTT.�L REQUIRE.'�tE'vT5 INCLUDE ,/ ,�tARKE� I�::�n5 I A) Site ln�ormatio� showing: No. of Copies � � 1. Vicinity map �, 2. Site size & dimensions 3. Contour lines (2 rt at 0-10°0 or S ft fo� grades > 10°a) � �. D�ainage patterns, courses, and ponds � 5. Locations of natural hazard areas including: (a) F(oodplain areas � (b> Slopes in excess oi 25°a ° (c) Unstable ground � (d) Areas with high seasonal water table y (e) Areas with severe soii erosion potential y (� Areas having severely weak roundation soils J 6. Location of resource areas as shown on che Comprehensive u ��lap Inventory in�ludin�: � (a) Wildlife habitats ` (b) Wetlands -' 7. Other site features: � (a) Rock outcroppings (b) Trees with 6" + caliper measured 4 feet trom oraund leve! � 8. Location oF existing structures and their uses � 9. Location and type of on and otf-;ite noise sources � 10. Location or existing utilities and easements �' 1 � . Location of existing dedicated rijht-ot-ways �. -- s La�p USE.aPPUU7ION/U5T �.{Gc ' CF i � SEE MAP / � 2S 1 2BA �000 �, , _ � / .N� 3dc. � �IG� N � T �� H6so�.. �• �c.s.N� �� be}9 / � N� i °a�I 300 �� o .90Ac. �14�0 ('�� / //AC. po\ �J � , �_ �/ o � ��/ 1500 p An� �° i " '\ 4.67Ac. ,o � - � . �� I cl� �J, i � �D \ j� � � ��i � \ .� � ' e , � �a° �s�o y, � � , �/�a� ..v,,a� •e � �o ,,, � ` r'�, ° w e� b �� •`�Or - A,�'' ��or ��,,, �,-,�{ G (�AMD 2 � S .�3Ac p � � � � •��G � 61� � ��L �� -t V-L�t�I) �1 t 4� �� 4 i�oa .,�.� . ! Qa / 24,a� ' � \ e /�. � � '�� '�' �� 9 ��.�. �� I�,\ � �'�yt"'ito�' � � \►� �k �� , �.�� 0 e. ° C .� - ��' 1703 \'� •�t' .18 At. `� � � , 1q. \ � � 1'^��. � (�QQ �, � \ � \�k'e /SAC ,\o• \ -O �'� e6 '� N j_•n} ��►�. �l e � � ��ti' 1800 � � 1�10 i8.4 (�z �ti°° .44,Oc. o.�, � � � ' 13�C.�� y �ti �� ,�q, '�; ,` o-,�g % � c 5? � � LL �� ,� *r? 3�� ?s / �'��` ' a�6��,9 �30 0 i ` .44.d c. ': � 0 `� � � ''a � 20C . *s �� . `� \ , ��,�,� '� ';► .z� i 9 F S,LT.2 ' G, 1 •s /� �� '•� i / ?s �yy� / ,/ / . �ti / . :�� , „ , . � t � ' i . � ,- , S£E MAP �� - - zs r 2eo °• - �� s�+e Lnf��o� 12700 SW Pacific Hwy. Z) Si�e siz� �d d�r+'��^��5 _ �J LoCL�#icnrl o�elG�t►�1C� �I�n�tG�u.(es �bu.i I d i nr� {�r r��.,+l b c�S i r�CSS) qJ L.��.C�';CM G� �}��vY1�0�-5�� l0is� 5ou2eS �c�GtFiG�4wy��SDurC.:� a LOCO��"�cm o��t�h c,�#-iTi�fi��e45C. �'�S i r �oC�,ti un of��s-ti `9 d ed,�'C.��l rt��F�a� "5 � � .� � � Q ._ � � - - '—* � — - - �� _ �1 215.0' E_� � a„� 6x�yt�nr� Struc�ur� � • �11 � Q� � ID�1v �N � �£I�icFric. �'� � � � ' � �4t 10 WO.kr � � � --� o � A _ I `° � � � � �# iJ��q►M-oF,� � � � a � #� �9�0� i --� - - - - - - - - EXIT EXIT %CDI s''z 5L'FS � 8) Site Develoament Plan Indicating: No. of Copies z.� 1. The proposed site and surrounding p�operties � 2. Contour line intervals � � 3. The location, dimensions and names of all: (a) Existing & platted street5 & other public ways and easements on the site and on adjoining properties d (b) Proposed streets or other public ways & easements o� the site (c) Alternative routes of dead end or proposed streets � that require future extensio� � �. The location and dimension of: (a? Entrances and exits on the site � (b) Parking and circulation area5 � (c) Loading and services area o (d) Pedestrian and bicycle circulation � a (e) Outdoor common areas � (� Above ground utiiities � �. Tne location, dimensions & setbac� distances or a(I: (�) Existing permanent structures, improvements, utilicies, and easements which are located on the site and on adjacent property within 25 feet o� the site � (b) Proposed structures, improvement�, utilities and easements an the site � 6. Storm drainage facilities and analys'rs o� downstream conditions �' 7. Sanitary se�Ner fac'rlities � 8. The location areas to be landscaped � 9. The location and type of outdoor lighting considering crime prevention techniques � 10. The location o� maiiboxes � 1 1. The location of all structures and their orientation �' 12. Existing or proposed sewer reimbursement agreements ❑ C) Cradin� Plan l�dicatin : No, of Copies The site develapa�ent plan shall include a ?rading plan at the same scale as the site analysis�drawings and shall contain the followino information: 1. i he location ar\t� extent to which orading will take place indicating: (a) Genera! cortour lines � (b) Slope ratios � c (c) Soil stabilizati.on proposal(s) G (d) �pprox;mate ti e of year for the proposed site development ❑ 2. ,� statement from a ren,istered engineer supported by data factual substantiating: (a) SubsuRace explo\�on and geotechnical engineerin re ort c g P (b) The valiciity of sanit se�Ner and storm drainage service proposals c (c) That all problems will e mitigated and how they will be mitigaced ❑ L1N0 !,'SE.aP°t;C��ION J LIST �rG"c= Of 5 '�3'lU g )J�1 iC.wC,vc-+Y"'►�' n -r►"" ',l,►'i!d�C.c.IT�l 1 2 7�� S W ' ' MG�.�r1 S-1- U i�lc�e, � � s� S u►'V O w ti d i �a P G�i c�S acific Hwy. J�� 3)�o c u t i�►,d irnens i�n.s,►�a,n ti es aaal�: A)�lcisfinq t��l+edls�*�e�sto+h� �u.b1►�,t�o,.�S�eASrr�FS oh Si�t M 7,)�X1��SCw C,r fa.0 l i�-i tS CY1 a�o ti h nno, �'-ki c.S � J loc,a�im�s-+n be-��w�d 4�l..ot�.#,'w,�,d i,m��sivns o�: � � u £n+�►2u►c�es�Ex�ts on si� y w►/-k,pc.o�.#dcor�' ha,1•9 �t�tlk+ Ci/Zul�honaa^e�S�f�9"p+Jn I IOCG�ttw�cF all s� t.n.� G�{�c�P.:��g�WG�s G1f�W1c.,�ic�✓� -1'�e,r o%�}-cufiv,n " �j�r,ov��u-�l u.!-'��ties 5)l.o�a,tiv�n,o�nnc.�i avs,s�+a�c.k.d,s�a.�cas�'fr.11 "u�E�c��ti p��'�,o�,�^p,^�'stru�u..e�, � — uhl�t+.cs,c eqsmc,nEs �,c,1'� o-.fG 14�d uin s�iG a►,d ar►�jA(�I rapari-� wr1ti,�►� 25�ae#-oF+i�.Si}ac- �, � (o�Srorrvt d,r•arw�c�e�au li FitS�an�+l ys�s e, , - �� - �1,�-_ _ _ � 2�5.o_ _ _ dow r�htQ/►•, L37nd;ttwis � �� ` . �� • � ��-( I��I-,ol� - - - - _ � U 4=r=-� � �,n,k � � -#I l �2ct-�.�I Sf� , . � � y U�hfS _ V � � - � a � H F walv 4�9 I Z.-� �`— �" � W e� ►� �, —� o � � � A � � ►.--� � 3 ' � Q; 4 qEn� Z8%Z F� I : � � � � � � -� (`�0 S1'ft.e.�'11t1�YY1��1�1�!L W QJ�II�_ - - - - �- - - . Or �[� - - �y qr S EXI� EXIT � � A Ma4�cr � -` , ►�,I��iS•`�� s1��c - `v^ cT �c� }1�i��Sc,lon _ ��r� � �� * 3A , _ � . � 1�EArJ �iO \ • . D) Architectural Draw Indicatin�: � do, of Copies �_ -� The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures p�oposed for use on-site 2. Typical elevation drawings of each structure � Landscaae Plan Indicatin�: No, of Copies �_ The landscape plan shall be drawn at the same scale of the site analysis plan or a lar;er scale if necessary and shall indicace: 1. Description of the irrigation system where applicable o 2. Location and height of fences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ �. Location, type, size and species of existing and proposed plant materials r� �. Landscape narrative which also addresses: (a) Soil conditions � (b) Erosion control measures that will be used o � � Si�n 'prawin�: c S�gn drawings shall be submitted in accordance with Cnapter 18.1 1� or the Code as part of the S+te Development Review or prior to obtaining a Suilding Permit to construct a sign. G) Traffic Generation Estimate: � N) Preliminarv Partition/Lot Line Adiustment titap Indicatin�: No. of Copies \ 1 . The owner oi the subject parcel � 2. Tne owner's�,authorized agent � 3. The map scale (20,50,100 or 200 feet—1) inch north ar�ow and date a ?. Description ot��parcel location and boundaries ❑ �. Location, width�\and names of streets, easements and other public ways within and�\djacent to the parcel � 6. Location o� a(I pe manent buildings on and within 25 feet of a(1 property lines � 7. Location and width o� all water courses o 3. Location of any trees�within 6" or �reater caliper at 4 reet above around level �, � 9. ,�I! slopes greater than�25°a o 10. Location of existing uti ties and utility easements ❑ 1 1 . For major land partition hich creates a public street: (a) The proposed right�f-way location and width ❑ (b) � scaled cross-sectioh of the proposed street plus any reserve strip ❑ 12. �ny applicable deed restric�iions � 13. Evidence that land partition�will not precfude e�ficient future land division where applicable � � Uv0 USe'nP°L:C�TION/LIST ?.1Gc� CF i \ ' � _ � ' EXHIBlT YA� S ITE PLAN i ! 215.0� �.. � - - - - -- - - - - - - ------- - - r--�---- - - ---1 � � I � � I � � ;� ;6� / � i I � i � --�; ° �:. W� �� % .�� i � � � � � � i�) ' � m �- � � � � I � b � , � :--- ----- - ----------� - - -- �_.--1 ; � � f '� A IS�I DTNf,Q. A�ItN�rEGT�ueAL �J �rc1�i��Cctca,rtU 1.�"�n�s !�Fbor�I.o�s iv+di t.a�; sq �DfZAv�t�s i�� U�Etk.P�e�.�FLOOR PLA►l� �+agco��► s $�l,�se cFo��bu�l� �p�yoo�so�l. f�r..u�ae.6�-s�� J.Q y�N�s e�c�u� d,v�n�Jiv�qg oF .00r o.ar.ha--------------------------�� ?�i--F-�--------------------------------� l ' � �cct �orb1 ir�oa ri fD'-Pd'-r , i I . OIRC= I �� m ' t0'-YslO'-I' IP-fa1C-C N1IL7-1[�CU�IQl! n'-I'tt0'-1� , i � T�t{�'-T �(1 1 i ' `-----".._._-°-----'---------^------°--'°--------^--°---^--------°-----'°-^°-----�--"'----°' r�r.a•-��' � � � 'i i � V�� ____.-----_ ,� �� =� f w 12700 SW PaCifiC HWy. EJ �ds ca-voe. �Ic.�.�s Ind.i�-� �) Lo C.cuF�wt�-}�p�, Si?,e� G�cAn��-.S e yf-� f ►v posed }�lG.r�+ make�►�5 sU '� .� ��t� �.; 215.0' �J — — — — — — — — — — — — — — — — � f�'�'It�1�S � � I � : Pla.v, �Ur�n�al p}�..,,-Fs -- '�'`"1°S � • • • • • i • � . � � d —� o �� w / � I c�D ��--I Q � � � � � � � I - I � � ,� — — — — — — — — — — — — S EXIT , EXIT — — Pr•operty L��ta Selection Men�a — — —1 Owner: GOSPODINOVIC, ROSE Grop ID : R4E1841 (Real Est�te) (�955E) ic770 SW F�ACIFIC HWY Map Tax Lot : ^cS1cAC—�D17�0 . TIGARD, OR �J7cc,3 Leg�l . ACRES . 1� DBA . Year auilt : Sit�_�s . L.iving Ar�ea: Code Area . ��. 74 Sale Info : 1'398 Roll Values Deed Type : Improvements 3 15, �4�1 (+) Instrument : 1119�D7�E Land � 58, '37� (+) 19'�8 Tax 5tatus Appraised 3 74, `�1►71 t=) C�.�r,rent Levied Taxes : 6c6. �c^ Exemptions 3 t� {—) Special AsseSsments . Taxable RMV � 74, �1�D t=) * *** Unpaid Taxes �*� M�0 Assessed � 41, 9�� ( 1) Alt Disp (c7 Fr,imar�y (�) Secondary (4) Land/Impr (5) Gen Appr (E) Owner•ship (7l History t. ) Mor^e Enter Option fr^om Al�ove or, <RETI to Exit : _ — — Pr,aper�ty D�ta Selection Men�a — — —1 Owner: WOODLEY, JAMES R R ELIZABETH F�rop ID : R�+E,185� (Real Estate) (��59JJ� JiJKJ NW VALLEY CT Map Tax Lot : cSic:AC—�D17�1 CAMAS, WA 986�7 Legal . ACRES . �c DBA . Year Built : 1961 Sit�as : 1�:700 SW GACIFIC HWY Living At•ea: Code Ar,ea : 0c3. 74 S�le Info : d�E/17/'34 �2c5, O�D� 19�8 Roll Values Deed Type : DW Improvements 3 11E, 35�D (+) Instr,ument : �4�d5'3�6�D Land � 138, 18�1 (+) 19'�8 7ax Stat�as Appraised � GJ4� �3►D (_) C�ar�r�ent Levied TaXes : c, 6�1. �3 Exempt ions � 0 (—? Special Assessments . Taxable RMV � CJ4� J�0 (_) * *** Unpaid Taxes -�*� MS� Assessed � 177, 5.?,�+ ( i ) Alt Disp (c) Pr�imar�y (3) Secondar�y (4) LandlImpr� (5) Gen Appr (6) Ownership (7) History (. ) More Enter� Option from- Above or, <RET> to Exit : � ' T — — �roperty D�ta Selection Men�a — — —1 ❑wner: SF�RINGER, JERRY C Frop ID : R4618E9 (Real Estate) (99558) 74�D0 SW FAIRWAY DR Map Tax Lot : cS1cAC—�170� , WIL50NVILLE, OR 97�d70 Legal . ACRES . �� DRA . Year Built : Sit�_is . Living Ar•ea: Code Ar�ea . 0c3. 74 5ale Info : �1/�1/84 3245, �►��D 19'38 Roll Values Deed Type : Impr•ovements � c, Ok�+D (+) Instr��ament : 84�D0�4�1 Land � 33, c6Q� t+) 19�8 Tax Stat�as Appraised � 35, c6� (_) C�ar,t,ent Levied 7axes : 38�. 54 Exemptions � 0 <-1 Special Assessments . Taxab2e RMV $ 35, c6� t=) * �** Unpaid Taxes *** M�t� Assessed � ^c�, Ei�D (1 ) Alt Disp (�) Pr,im�ry (.?,) Secondar,y (4) L�nd/Impr� (5) Gen Appr� t6) Ownership (7) History (. � More Enter� Opti�n from: Rbove or• <RET> to Exit : _ ` — — Pt�operty Data Selection Men�a — — —i Owner,: 5F'RINGER, JERRY C F�r^op ID : R4E,1$78 (Real Estate) ��JJ�� 74�� SW FAIRWAY DF Map Tax Lat : �S1�AC—�17�4 WILSONVILLE, OR �7�7a Leg�l . ACRES . c4, F�ORTION OF ACCOUNT NON—ASSESSAPLE DPA . Year, B�ai lt : Sit�.�s : 1c72� SW GACIFIC HWY Living Area: I.:ode Ar�ea . 0`�. 74 Sale Info : �1/01/B4 $c45, �� 1��8 Rol l V�l�.�es Deed Type : Impr,ovements � 1E4, 99� t+? Instrument : 84�0�4c1 Land � 103, 78� <+) 1998 Tax Stat��s Appr�aised � cEB, 77iZ+ (_? C�ar,r-ent Levied Taxes : c, 481. 04 Exemptions � 45, 6'30 (—1 Speci�l Assessments . Taxable RMV � ��3, �8� (_? * *-�* Unpaid Taxes **-� M50 Assessed � 1EE, �9�D ( 1) Alt Disp (`) Pr,imar,y (3) Secondar•y (4? Land/Impr� (5) Gen Appr (6) Ownership (7) Histor�y (. ) Mor,e Enter� Option fr�om= Above or� <RET> to Exit : _ s f;��4 R;rOld A:.i. Mc.i� �': '�uESE ?fli:S:.,`d".'., th8t :CC".'='rii:S;' I.`IV=S".".�cr��• COM?A?]Y, an Oregon corporation, does hereby decicate to the use c?' ;l::, PU�LIC as a public way forevez�, the following described real propert;� Sn Washln�,ton County, �t2te of Oregon: A portion ef Lot 1, Fre«in�-'s �rchard "'racts, a plat of record, and a portion ly1nE- ad,facent thereto, all in Section 2, Township 2 South, Ran�*e 1 4:est, '.•�•�r• WashinRton County, Ore�-on, EeinF r^ore particularly described as follows: :�e�;innine at a point or. the `Iortheasterly line of said Lot 1 that is :'outh u4°10' East 78.$° feet from t^e most :7ortherly corner thereo:, bein� also a point on the South line of that ; arcel of land conveyed to the :tate of Orecon tiiFhway Commissicn, by deed recorded in i3ook 1�7 , pa�e 423, b�2snin�ton Ccunty, reEon, Deed u �nE_� thence aior.r the Scuth line of said . State :iighway rieht-oF-way on a 1870.00 foot radius curve riE;ht (central an�el o° which `�ears Southeasterly and the lon� chord t,ears 'dorth !�5°50' ra:;t 12.00 feet) 1?..00 feet to an ;ror, rod: thence South 44°10' �ast 27u.?6 feet to ar, iron rod; thence, South '+5°55' '+'e�t: �i�•�� feet to an iron rod; thence tlorth �+u°10' l•:est 27;.7° feet to an iron rod on a point or. tne �outh line o!' sald :'tat? HiFhwa,y ri;,`:�-of-way; thence on a 187�.00 foot radius curve right !the cer,tral anrle of +:hich bears �outhe2:,terly 3nd the lon�- chord hear: ::orth �:5°5�'1;" East 2?.DC feet) 28.00 `eet to the oolnt of he��inninr. ':'o ;iave and Ta roid t..° above descrihed and dedlcated premises .r.to ..._ ?'v°L?C forever. I:l ':i:?*1ESS '+i'r.�RECF, �rantor ��s cau�e� tnis deed o: dedication tc_ t,e er.ecute3 and de�livered r.ur uant to resolution of its 3oard of :i-rec�crs , t.".is 7=5 � d2,� o° � --'1°72. - t�'_st,I'A PA� ` �n;��' ��'" I�i':ESTP `J: CON!?ANY N.d foi o�oyd_ ' ' �' . �. •-- r� - � . aoc�'rxo�tsse�Diwo�p+�..a.a.i s�.�,�. .�� '.f- ,l ._D.vurr F,/_ '��C� ,l. � e�..�_ .r.__• President �':'r^,�E UF ^PiG7?J ) :'c�nt� cf ��:ashintto�`, i "" L Cn this �"s/�a; o: ' �c--k ,1?i?. , te:'ore re apoeare,� p�,T,.V � sworn did �a�. �-.q:; ;, . to ^:e cerccn211 .r.own, ..c ce'_r:,_ �ul� , th2t "e �aid °Lar :��ii^� �� , e ?re i::°nt v`.' .`:outh•+:est ?iivestrent �n;^p�:� I;C. � tfi@ 'wiT,�!CI'Rd"�.Ed COrrcraC'_OCI, an�? t:^.�3L the Sd1G� S:1- �ru�ent •+ras sirne� a.^.c sea:eci in tehal'' of �ai�' ccroo;ation by uu�r,cr:� o.° '�s :.car� �° - -^°^tor� . ar.d ."tan ;�c.�in� acr:r.oxled�ed _ . _ - ..,_,,.,.:..er.t tc ;e „r._ _ . ee ___ ar.��' deer: of sa'c corporation. - i�� c !'{--C�-,�L.�,��-�"-c.i'�� . � t� _ . . �� `o� �rc..�",-� i -- ^e� 1/1' i� :�^.... . ..-.__..:o'. , . . ...._. .. . _., . c.` - _ -�. _ ..... - , _ . �.r-,., t tc ^?rol,:t' .. . h��.l'... . ' .... .. . � . � . . . ��:r:r.- -.- - -_, ----- •� . _ -,.. , •� -..re^. . .�ra'• - �. _ .�c:'_,-C..., ._ •,! - - . -. . . �s /-. . � T �� .:...�.__��. �. ... � :t-?-*_ - 1 ;- � . . .. . • "1 ''�'� ._..�-- J �.� �l'ATUTORY WARRA\TY UEED 8 4 G 0 3 4 21 --- DEHEN PROPE7fY CO an Oreqon co-pastnetship consisti�of tJILLIAM L. fF.HEN, alLi.:�• � .7. TROI�, "SICHAEL L. DEHEN, JOiiN J. .,£:L..: ]Lm na_yrF_,r p, �F.HEN, oarCners _ . (�ran��r. JERRY C. SP4INGER ---- 'r -� conveys and warrants to , �' � C�ranire � i� thc following dcscribed real properry!ra of liens and rn�umbrancrs,cacrpt a<<prcil'icalh �rt forth hrrrin +�� As fully described in "E:(HIBIT A" attache�. �'' SUBJECT TO: Staturory powers and assessments of the Unified Seweraqe Aqency: The rights of the public in and to that portiun of the premises her�in described lying within the limits of roads or highways: Limiied access provisions and permanent slope easement, recorded June 28, 1952 in Book 334, Page 200, Deed Records, Washinqton Count�, Oreqon; Easement dated June 28, 1961, recorded ,:uly �, i961 in Book 436, Page 391, Washington County Records. c "THIS INSTRU�fENT DOES NOT GUAK:\NTEE I HAT:\�1 I',\k f IC Ll:�K LSl �1:\1 fiF �IAUL UI THF f'H��- o PERTY DESCRIBEU IN THIS INSTRU�I[NT. A BI;Y[i:t SHC�I:I I)C H[.< R ��I f 11 fHE �Pf'KOf'RI:�i L C ITF�)K o COUNTY PLANNING DEPAKT�tENT TO v�RlF1' �V'PKC)�'! I) l,5[.5.�� E This pcoprrty is free of liens and encumbrances,EXCEPT: None .• �„�eN�riG'o�+ CCV��'� c°.> i� '� \''-L �s RE.�L Pf7CP£a7 Y Tn.i.`.�5:�R rAX i r'T•',, : 1.c[5°.' /-27-d'L - = `��% F` rtiD DnT: _ `� �-�.+'"" The true consideratio�i for this conveyan�e is 5 z45 000.00 . ¢ �. _ =o DATED this r� day o( Janaarv - �y 84 • - t ,� .i`9;�. �!-!�[�.�> DEtiEN PROPERTY CO. BY'� " "'�� _ - g f �l%e��z� � /��<,�.� B : '�G ltcu '�-!�e r Ji _ �• J e� .�,p—�ar�r---- . , COKYv�t:�TE ACI�NO\VLEDG�IENT ST.�TE OF OREGON.County of Washington �55. STATE OF OREGON.Countq ul �" The fore om instrument was atkno..ledgrd before Thr foregoing in�irumem »as acAnowlcdgcdyhrfure mc this �f� day of January �9 84 me this ,1> �� b� William L. Dehen William J. Tromp by and Michaei L. Dehen, John J. Dehen and by vaniel P. Dehen of ' _ , i a corporaiion,on behalf o(the corporaiion. Y// /� Lil�r� �- . /Ii��LGCti Z TNoiary Public Fur Ory�on tiotary Nublic Fur Urc�un hty commission expires: � \tp cununi�+iun e��irr�: -+ /?,G� SEAL SEAL '� G+ " � � — .. � THIS SP:�CE KESGH�'LU POK K[C(>kDLK'S USF. Tiile Order No. 351570 I Escrow No. 8`'-4-8 � Arta recorain{murn�o: I Jerry C. Springer and Dianne Springer 7970 S. 1i. Northvale Way Portland, Oregon NAAtE,ADDRESS.ZIP t,�+�a.�+w<n rew��aa M u.rraes.+..�a�ee..*��o�nr i.wwMt�"• . Jezry C. Springer � 7970 S. M. Horthvale fiay I Frortland, Oregon � tiAME.AD�RFSS.ZlP / � n 4s �-� �.� r , :- ��. � ��Y s ✓r�.7er tio. 3�.� � � EXHIBIT "A" � follcwing described porticn of that tract ::� lar.d conveyed to �,� rtha W. Robinson by deed recorded in 3ock 430 page 299, Washingt�Willant�. C:ego n, Deed records in Section 2, Tcanship 2 South, Range 1 West, mette Meridian; Beginning at a point that is South 44° 10' East 78.88 feet and North 45° 50' East 12.00 feet from the Northeaeterly corner of Lot 1, Frewing Orchard Tracts, a subdivision of record, being also a point on the South line of that parcel of land conveyed to eh423tasaidfDeedgG� Highway Cocomission, by deed recorded in IIook 147; pag records, and running thence Scuth 44° 10' East 214.47 feet to an iron rod; thence North 45° 50' East 132.80 feet to an iron rod; thence North 44°, 10' West 60.00 fee't to an iron rod at the Southeasterly deederecorded of that tract of land conveyed to J. A. Paterson, et ux, bY in �book 446 page 391, said Deed records: thence South 45 50' West 65.00 feet to an iron rod at the Southwesterly cozner of said Paterson tract: thence •North 44° 10' West 150.31 feet along the Westerlv line of said Paterson tract, to an iron rod at the Northwesterly corner thereo£; thence on a 1870.00 foot radius curve (the center point of whiah bears South 40° 33' 35" East and the long chord of which bears NortY: 49° 20' 25"West 67.93 feet) 6'. .94 £eet to the point of beginning. SraTE OF OAEGON � 55 Coun��ol Wasninqion • .. ��J'.� A�:d .i.,itn��;�:,55��55r��rr�l n.�. i.�.ntiVn nn�]E:..ijllilio Rucn�(:..i ��I�.un. . ..�nCi�Y IJr Sd�C COU��iy 6J ti�..Nn:C��ri�r�t.nJf n. n�.r�� nsr�,.menl N nnny aas rec.,�.•rd ,� .. �t.i�r �•,1��DVO�Of rCGOrOS UI Sd�O c:O.ir�i�� " v��nald W Masu� D�rcao� o as+rssmrnt ana �a.n��o�� t•' �;nc��p Gn�r�DeW��r C�e,. q% F I7G4.!�'+ 27 °M 3� 23 � :.;..;,a:::��_-_� _�,�,, `, J T a ' .x. dlcnoy, Irosarq .-libiie ror o:.gon •i� � ' � 111�d :or :�oorQ Ju17 27,1931 et 1Ot00 .. . Yy oomnlo�lon •zyiso• �ug. 50,1938 , . I ,� Jcr�s• I Davia A000rCsr of Conve o�• � sn •t �u o u. • o. ro oa e• �, V � ' 17iI9 i:1�ffiRV3E ',;I;1td9.9STFt� TttaL Ili:llam�lliagtum na6 Luail� Allin�mu, L3• n1f�, ior ( 1 `� t`a ooaslA�ratlon of the sum of Nlne livadrod Thlrty �nQ ao/100 ($9:A.00) Dollar� Lo tEaa ' �? yaiC, hs�� bor��ine6 anE eo16 onG Ey�h��• Pr�aents do b�ranln, ��11 und aonrsy uaLO �Let� I � Iof Oregoa Llio folloaln� JoccrlLed yramlee�, Lo-a1L: ��.��y � parcel of lwad la Lhe i11� of 9sotloa 2, T 2 9. A 1 11., 7.!(. �uchingtcn Count�, Or�gon� � , ,y��y� aaid ycrosl b�iag a polCioa of LIIe propert� ot W1111am snd Luoil� �llin�am� ns reoorGSG I .�.'�,f�� ia Hook 13E at ?sgs 566� D��G A�oorQs of �:c:hington CounLy, Oregon; snlC yaro�l b�ius • . ' `"�� ■trlp ot �sr�ing w1GtL lyiag on th� northaaat�rly a1Ce of s_Sd grantar�� yroperty, aa1 -�� ,.,:# Deing more psnLloularly Q�aerlbe6 as Sollous: p •�� B�glnalag at a polnt nhSah Ss 9. 44• 20' S. 60.5 feet Srom Lh• norEh�nst oornsr of CL� � �•S. Ptawiag lnad, �iC1ad polat Se 50.08 feet aouthseaterly fram (enQ men�ured at si�t � � :.nnglse Lo) tho osaLer llao of snld :�ioha�;� at 3aglnNS�� 3tntlon 1021�6.61; �u16 D�glcnlna � :,l yaint OaicsS •lw LEe moet naaterly oornsr oY �a!d p�onLore� yropsrty; thaaoa i!. 4 Y 4S� I ' , — i, along �a1Q Qnntore� nortIINeai�rly bounQ;.ry llas 144.71 te�t to aa Sron pips ��L at ea1Q �antore' most aorthorly corcer; :s�nce S. M1• 08� 8. n1onE tho aorthecaterly boua6u�o! an1G grnntoi�' yroperty 19.0 fsst W a poln: xhlch is 40 feet �outlienste:ly from (nnQ � � mscaurs6 at r1�E sr.gles to) the contar liae of aeld ni�hae�; Lha¢oe yarsllel Lo Lh• osaLsr � liao of saiQ hlg4nsy oo u 1890 foot r:+diw curv� to the ldt (the lon�; ohord of whiah D�ar� � � � S. �9• 10� A. 145.0 fs�tJ 145,1 fset to n yoia: on the aou:h�enLerly boundury of •a1Q ' � I i ;xmtore' proporty; thence ::. 4:• ?A� 7. nlen� sald soutt�noaterlp bouad¢ry 10.38 fe�t ; � to the poiat of beginning. ` . :he percel o!' 1m1 to nlilch :hls toacrl?Lloa eppli�� cantuias approximetelq 0.046 aor�s.�� ?0 !!A'!�' t.IiD TO :iOLL tha sald prunisee, ::1Lh their appurtenancea uato the �a1Q 9tats of Oro�ron 1La aucaeslora anA asslgna foravss. 0nd r.e tl�o cuid �rw�tors do hereby ooveamL , to and nSL� tha �c1Q 3t�te ot Oregan Ite auccs��ao:a end eealg¢e thnt �s are tiio o��:nera I 1 So iee eimplo of eu1Q �:emlaoa; Lhut t`�ey �ra fruo from all inounbr:anoes ezcept aub�aat . Jto n ri;,:it o! eny 12' (tvielve feat) in nldth�alang tha �outh eeet boundry� TU1� riQ��t of ruy for L".o uss of tiio o�:,:i.r of Ll�o 4 ncre:� l�ing ta ti:o =outheaat ot cnid lund, all thie ns sst fort:i Sn tho abntroct. md t::nt :ro rr111 nor-ont :::id de^end tl�o ea+ao fror, all lau7ul clnUne r+hatsouvsa, Ild :`IiN1'33 iC:!irAP, rw hnve '�urountn eot our hnn�ia ::nL a �1s tt�1, dth ' Cnypf Jun��1931. Jon� Sa prenonae of: ........ � �_l :ISllia� :,111n;J�un 'Jeal� ....... � Lue11e Allinghom Scal' 3T.:TE OF OIL:COA, aount;r of :7mL1a ton.....ee. �n thln 6th c:.y of Jure� 1981, yorou❑nlly cune Dafor^ :.o, s I:o':nr; :uLlio 1� n:id "o- :ciC coun:y :nd 3t�.c, thu •T.thin acaed CISll:nn :.11Ln,•hem anJ Luoll• 1.11in,^,h�m, hla r.lfo, tn ;�u ;.o:eonull� :^.tio::n Lo �u tho 1n�nt1enl � yarnoiie �osaribsd !�, uriC c::n czocutna tr.c •�.Sthln Snatruaent, nnd aGO uach yoraoually ac:mowlod�5e6 to me thuc th�y •z.rou:�d =1i� �•_..o froal� and voluntn2�ily fot the u:oa nnd pu:posee i'�eroln aemsd. �71tn�a� m� :iand �.n_ o!Sici;il eocl tho w.; �.nQ yunr laat ubovv V ,• wrlLCOa. '� �eo::l �C4na. C. :t000, :tot_r•� .u1110 io: ::n6on ..� aoa�:l�a1o� oz,:l'e9 ::nTOh 27�19:M Filed Cor r.+.:ord July �7,1931 oi 1�:00 6.;d. Tiuoa I1, D�vin 3ecoruer of Co:vs�nsaes .�caa.�.. . . � s�t� � K1+OY! ALi. Mc.'� BY T�!E�� PR'.::'i.*1'::' that ,^-OUTci''dT:S': Ii!'dr:S'.^''-,.. CGhiPAfiY, an Oregon corporation, cloes hereby dedicate to the u;'� ;NE PUELIC as a public way forever, the follow:rF descri�eci re property in Washin€ton County, �tate of Ore�on� A oortion of Lot 1, Fre�,cin;'� .^.rchard ^racts, a plat of record, and a portion lyin�- a�ilacent thereto, all in Section 2, Township � South, Ran�e 1 'r:est, '�'.'�• 'r:ashin..ton County, �re�-on, CeinC r:ore particularl�: descr:bed a� follows: Beeinnin�. at a point on the :Jortheasterly iine of said Lot 1 that is �outh 44°10' East 7n.aS feet from t�e rr,ost :�ortherlv corner thereof, beinR al^o a point cn the South line of that Farcel of' land convey?d to the � ate of Ore�on !iirhway �omrr.�.ssion, :�v deed recorded 'n i'ook lu' , oa�-e ��3 , v:2sn nrton .ount•� , re�on. Deed �•ecor s , an runn r, tnence a,onr- tr.e .,ou , ine of sai� . "t2te E'.ir.hway r:�ht-of-k�ay on a 7 E70•'1� ".'noi. radius curve :iF;ht (centra? an�-e1 c.° which bears �outheasterly and the lon;- ci�ord :�ears 'dorLh ��5°5�' `.�•ast :7.00 feet) 12.00 feet L� an :ran rod: thence :'outh ��i°10' `'ast 2?L.26 feet to an iror. rod: thence, South u5°55' �'esr. 4;.�0 feet to an iron rod; thence 2lorth 1+�°1Q' l•.'est �?3•�� feet to an :ron roc on a point on tne �outh line o:' said :'tate NiF.hwa,v :i�,�:t-of-way; thence on a 1".70.OQ foot rad:u� curve ^irht !tt�e central anr-le of rrhich bear� :outheasterly and the ionr chord t�ear; ':orth ��5'�2'1;` Easr. 2P.On feet) 28.00 :eet to the coint of :�e�innin�. ':o :;a•.e and ^o 'r.old the a:�ove descrit;ed and dedicated premises ,.nto ..... ?J�L?C :'orever. , i:i '. .,Tr.;�ce ;i�-i-.�-G= crar.tor '�as cau�°d tn.s �:eed of dedication � t.e er.ecuted and de�l'_vered r.ur uant to resolution of its �oard o' ,S d� e^ 1�� _-_. _ _�crs , thi 7� �_ _ . 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F � "a '` - �* .. - ,.. ��. -, ' ' � �� _ '� �� a � � ��" � � '��. � � ,�r� �r � �,� �i "��.` %� ., � _. :. .... _ �„ E . :s,�i,�`�re��,��. ,,> �� "��ai �, �. �� :w��k= .�,, , JIM GRIFFITH o� ASSOCIATES, INC. y LAND/BUILDlNG USE STRr\TEGIES • 1820 S.W. VERMONT STREET . � SUITE K PORTLAND, OREGON 9721> 503 293-0805 FAX 293-2216 27 October 1998 Mr. M. J. Roberts, Associate Planner City of Tigard 13125 SW Hall Blvd Tiga.rd, Oregon 97223 Re: Letter of July 6, 1998 concerning property located at 12700 SW Pacific Highway. Dear Sir, It is apparent from a review of this project that significazrt progress has been made to date and that a few minor details need to be addressed prior to your approval of a Conditional Use. I have been retained by Mr. and Mrs. James Woodley to complete this application on behalf of the present tenant, a Mr. Jon Burtness of Momentum Motorcycles,Inc. There are two uses proposed; motorcycle sales and service and very limited automotive sales. This parcel of land is in the Central Business District(CBD) Chapter 18.66. Section 18.66.040 Conditional Uses ( See Chapter 18.130) suggests two things; first that Conditional Uses aze described or the process is described in Chapter 18.130 and secondly that in Paragraph A. number 2. "Automotive and equipment sales/retail, light equipment" are allowed uses under certain circumstances. Note that motorcycle sales and service are not mentioned nor is light equipment defined which then takes us back to Section 18.66.020 Procedures and Approval Process to Paragraph B. which states again that the Conditional Use process is detailed in Chapter 18.130 but adds that, "If the use is not listed as a conditional use, it may be held similar to unlisted uses under the provisions of Chapter 18.43 Unlisted Uses." It would have been helpful had "light equipment"been more specific. _ Chapter 18.43 Unlisted Uses. Section 18.43.050 Approval Standards. Although it was never clearly sta.ted in the Pre-Application Notes I assume that we should address these standards and will. A. "Approval or denial of an unlisted use application by the Director shall be based on findings that: 1. The use is consistent with the Comprehensive Plan. In this case "similar uses" are allowed in the CBD zone, and if this request for approval of an unlisted use, a similar use, is approved, the approval will in fact conform then to the direcrives of the Comprehensive Plan. 2. The use is consistent with the intent and pw�ose of the applicable zonin� district. Again, we are only talking now about motorcycle sales and service because automotive and equipment cleaning and repairing is a pernutted use and automotive and equipment sales are conditional uses. I think that it can be concluded that motorcycles are a means of transportation; a vehicle which although it is open and 1 � has only two wheels nevertheless delivers a functional body from point to point albeit , _ exposed to the vagaries of the weather and quite often at a speed approaching that of light. One could then argue that although motorcycles are smaller than automobiles they aze modes of transportation, and that the impact is less, but the intent and purpose of the zoning district could be met as a similar use to that of automobile sales and service. 3. The use is similaz to and of the same general type as the uses listed in the zoning district. This is exactly the point that I just made. 4. The use has similar intensi , density. and off-site impacts as the uses listed in the zoning district. I would argue that motorcycles have similar intensity of use but less density, but that the off-site impacts are perhaps less because there are far fewer motorcycles traveling on 99W particularly in late January. The use has similar imoacts on the community facilities as the listed uses. Motorcycles , have similar impacts on the community facilities because they are driven on the roads, pazk in parking spaces, and pay registra.tion fees. The request is that the City consider motorcycle sales and service to be similar to automotive sales and service in this zone. Turning now to the Conditional Use Requirements in Chapter 18.130. Section 18.130.020 Administration and Approval Process. Response. A. The original applicant was Nir. Jon Burtness, the tenant, with authorization from Mr. James Woodley, the owner. B. A Pre- Application Conference was held on January 27, 1998 with Mr. Will Dandrea representing the City who has apparently moved on to larger planning texts. A copy of the Pre-Ap Notes have been submitted. C. It is obvious that more than six months have elapsed since the conference but the City has in fact been working on the application as evidenced by the letter from the City dated July 6, 1998 which is the reason for this response. In this case I do not think that a variance is necessary. Section 18.66.050 Dimensional Requirements: Non-residential Uses. Resporrse. 1. No minimum lot area. 2. No minimum lot width. 3. This is interesting; "Except as otherwise provided in Chapter 18.96 and Section 100.130, there are no setback requirernents, except 30' where a commercial use within the district abuts a residential zoning district." The building on the abutting property to the south is an established commercial outlet inciuding a dentist and a hair salon. West is Highway 99W. East is vacant. North is zoned CBD but there is a multi- family development (Main Street Village at Fanno Creek) in evidence which was constructed long after the building on this pazcel. 4. The building is approximately 24' high. 5. No problem. 6. Almost the entire site has been paved. 7. 15% landscaping at a minimum will be provided if practicable. At this time 13,975 square feet of actual landscaping area exists on the total Iand area of 13,975 square feet. Just a little more than 12%. Additional land is available along the rear of the building but a site obscuring fence � is in place there which would shield the sun from planting materials. The obvious difficulty in this case is the fact that when 99W was widened several yeazs ago the front setback at this location was reduced. As a matter of fact Main Street right of way, as shown on the tax maps, started in front of this building. The present requirement in Section 18.96.020 Additional Setback from Centerline Required is impossible because the building would have to be moved about 20 feet back on the lot to meet the 50 foot requirement. Moving the building is not an option. Obviously the Code was written to 2 � "guide" new development and we are left to struggle with reality. Luckily there is about . _ 40 feet between this building and the one to the south which allows adequate access/egress on site and an easement exists from this lot south at the end of the commercial building to another dedicated easement known as McKenzie Street. I researched the easements just enough to lmow that they exist and I have included the legal descriptions for yow review. There is only approximately 3 feet from the building to the property line fence to the north. The multi-family residenrial structures at Main Street Village on the adjoining lot were constructed long after this building was in place. Anyway, we are stuck with what we have here. There is about 15 feet between the back of the shop and the apartments. An enor was made that cannot be corrected at this late date because 30 feet is now required by the Code. . I just do not see the necessity for any variance requests in this case. Site Information. The easiest way to show the site is with an aerial view. See attached aerial view., Constricted except at the rear of the building. Plenty of parking. Limited automotive sales can be accommodated easily on the lot. Remember that the applicant does not anticipate more than five cars for sale on the lot at any time. No exterior advertising will be in evidence either, so it is a very low key operation limited to cars "exchanged" for motorcycles. Noise. To suggest that this operation will increase the noise level associated with 99W is legitimate. To suggest that this operation will increase the noise level experienced by those residents of the apartments to the narth is also legitimate. However, neither suggestion is truly valid because the noise level associated with 99W completely overwhelms any noise generated by any businesses abutting the highway. The sound of one more motorcycle is insignificant. Sales are projected to be in the high range of eight bikes per month but the machines are not operated to any degree. The operation will be open for 200 hours a month during normal working hours. It is anticipated that one outside bike will be repaired every three days on average. This is not a large operation. It will not create a large amount of noise and will not have a negative impact on the neighborhood. . Landscaping. Section 18.100.015 Applicability: Approval Process. A. "The provisions of this chapter shall apply to a1l development including the construction of new structures, remodeling of existing structures, and to a change of use which increases the on-site pazking or loading requirements or which changes the access requirements." This is not a new structure, no re-modeling will be done, the change of use from a real estate office to the use proposed will not increase the parking or loading requirements nor will it change the access requirements. The existing landscaping materials are healthy. No additional landscaping is contemplated at this time. Parking. There are 25 parking spaces on this parcel. One has been designated as "Handicapped Parking" immediately in front of the building. The Code calls for one {1) 3 � pazking space per 1,000 square feet of floor area. The building has 2300 square feet so . _ figure 4 spaces mandatory and we have 21 "extra". All of the parking on this lot is owned by Mr. Woodley. . Storm Drainage. There is a catch basin on this parcel. Where the water goes is a mystery that only the City can solve. There is a catch basin to the rear of the lot which I think connects to a system that eventually flows into Fanno Creek. We have no records which indicate where the water goes after it leaves this site. Please review the enclosures and if you need answers to additional questions I will be glad to do whatever is necessary to satisfy your requirements. Thank you for your efforts in this regazd. r ldie d Semor Planner 4 �EE MAP // �� ,�,,� . 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Pr, � 1 i"., � � • �.3.4c..►�. .� ti '`� �.�9 ,�:e \ ,� �o-� or � � , �� , �, �� 1-., • ,� � r ; \, .: `'. �b°,� t 300 � i � _ a �� .44Ac. •"� ' / ,_.� o . `�,, , � � , �p,�, ' 2oa+ � � �` L 95 ,4 '��, ';� .z/ I t iti. ,� I c {� �s f�s �� 'e' 0 �, , . f �.�9' / % '� / . �'L � _ � `� i� � t ' � 1 � � crc M!1P � �.. , ., I ? , c�� - - Property Data 5election Men+a - - -1 Owner: GQSRODINOVIC, RaSE F�rop ID : R4�1841 (Real Estate) ('3�556) ic77� SW PACIFIC HWY Map Tax Lat : �S12AC-0170� . TIGARD, OR 97cc3 Legal . ACRES . 15 D8A . Year B�ai lt : Situs . Living Ar�ea: Code Area : 0t3. 74 Sale Infa : 19�8 Roll Values Deed Type : Impr�avements � 15, 94�d (+) Instr�ament : 1119�756 Land � 58, �7Q� (+> 1998 Tax Stat�as Appraised � 74, �1� (_) C�ar,rent Levied Taxes : 6�6. �c Exemptions � ►� (-) Special AsseSSments . Taxable RMV $ 74, �10 (=l * *��- Unpaid 7axes *** M50 Assessed � 41, �c►� ( i ) Alt Disp (c) Fr,imar�y (3) Secondary (4) Land/Impr� (�) Gen Appr, (6l Ownership (7l Histury (. ) Mare Enter ❑pt ion fr�om Above or CRET7 to Exit : _ - - F'r,oper,ty Uata Sele�tion Men�_� - - -1 Qwner�: WOODLEY, JAME5 R R ELIZAPETH Pt�op ID : R4E185� (Real Estatel tGJJ�33) 515� NW VALLEY CT Map TaK Lot : �S1cAC-�17�1 CAMAS, WA '�8E�D7 Legal . ACRES . 3c DBA . Year Built : 19E1 Sit�as : 1c70Q� SW PACIFIC HWY Living Ar�ea: Code Ar•ea : ►Z�c:3. 74 Sale Info : Q�6/17/�4 �c�5, �00 1998 Roll Values Deed Type : DW Impr,avements 3 116, 35� (+) Instr•ument : 94�59�6a Land � 138, 18� (+) 1998 Tax Stat��s Appraised � 254, 530 (_) Current Levied Taxes : c, E51. 93 Exemptions � � (-) Special Assessments . Taxable RMV $ c54, �30 (=l -� **� Unpaid Taxes *** M�0 Assesaed $ 177, 530 � 1 ) Alt Disp (cl Rrimary (�l 5ecandary t4) Land/Impr� (5) Gen Appr� (E? Qwner•ship (7) History (. ) More Enter, Option from Above or <RET> to Exit : _ — — �roperty D�ta SPlec:ti�n MPn�_i — ._ —1 Owner: SRRINGER, JERRY C Grop In : R4618�9 (Real Estate} t�9�58) 74�0 SW FAZRWAY DR Map Tax Lat : cS1�:AC—�17t�3 , WILSQNVIL_LE, OR �7�7� Legal . AC1��5 . �� DBA . Year P�ailt : Sit�_is . Living Rr�ea: Gode Ar,ea . ��:��. 74 Sale Info : �1/01/B4 �c45, ►�� 1��8 Roll V�l�.�es D�ed Type : Impr�ovements � c, �� (+) Instr��_iment a 84�1034`1 Land � �3, �'E.,� (+) 1998 Tax Stat�_is Appr,aised � 35, �6►� (=) C�_�rr,ent Levied "f�xes : 38c. 54 ExemptiGns � � t—1 Special A�sessments . Taxable RMV $ �S, L��► t=) # �� Unpaid T�xes *#� M5� Assessed � `5, 61� fi ) Alt Disp (�) �rimar�y t3) Secondary t4) L�nd/Impr, (5) Gen Appr (6) Ownership (7) Histor�y (. ) More Enter� Opti�n fr�om Ahove or CRET) to Exit : ._ — — Rr�operty Data Selection Menu — — —1 Owner: SPRINGER, JERRY C F'r�op ID : R4E1878 (Real Estate? (9'�5�9) 74�� SW FAIRWAY DR Map Tax Lot : c:SicAC—�17�4 WILSONVILLE, OR '�7�7►D �eg�l . ACRES . �4, F�ORTICIN qF ACCOUNT NON—ASSESSABLE DPA . Vear 8�ai lt : Sit�_is : 1^c7��D SW P'ACIFIC HWY Living Are�: Code Area . 0`�. 74 Sale Infa : �1/01/84 �245, ��►� 1��8 Rol l Val�_ies Deed Type : Improvements � 1E4, �90 (+) Instr��►ment : 84��34�1 Land � 103, 7B� (+) 1998 Tax 5tatus Appr•aised � c66, 77� t=) Cur�t�ent Levied Taxes : c^, 481. �4 Exemptions � 45, E'3r� (—) Special Assessments . Taxabl.e RMV � `�3, �80 (_) * -��-�- Unpaid Taxes **-� MS�O Assessed � 166, 0�0 ( i ? Alt Disp (�) Pr�imary (3) Secondar-y (4) Land/Impr� (5) Gen Appt, tE) Ownership (7) Histary (. ) Mare Enter Option fr•om Above or, <RET> to Exit : T � �� KIvOL•! ALL MEP! BY T}:ESE PisFSEFI"'° that :'.OUTH'r!ti.S� I�1Ve.ST�4E!1"' CONPANY, an OreEon corpor2tion, does hereby dedicate to the use o` ;HE PUELI� as a public way forever, the following described real propert� Sn Washin�,ton County, State of Ore�on: A portion cf Lot 1, Frewin�-.'s Qrchard '"racts, 2 plat of record, and a portion lyinF• ad�acent thereto, all in Section 2, Township 2 South, �an�e 1 4:est, ':;,.'•`, 'washinRton County, �re�-on, �e1nF nore particularly described as f'ollows: i�.eE,innin�* at a point or. the ^Jortheasterlv line of said Lot 1 that is "outh 4�°1^v' East 78.8° feet from. t7e rrost :]ortherlv corner thereof, bein� also a point on the South 11ne of that ,,arcel of land conveyec to the :tate of OreFcon }iic-hway Cormission, ty deed recorded in iook 1�t7 , pa�e ��;, '+�ashin�ton Ccunt� , re�on, Deed u �n,- thence aiorc• the Scuth line of saici . State }iiFhway ri�-nt-of-way on a 1�7�.'�0 foot radius curve ri�;ht (central an�-e1 of which hears Southeasterly and the lon� chord i,ears !lorth ��5°50' F.a:;t 12.00 f'eet) 1?_.00 feet to an �ror� rod: thence :�outh 4�l°10' East 274.26 feet to an iron rod: thence, South ��5°55' 4'est: �10.00 feet to an iron rod; thence P7orth �iu°10' l•!est 27;.7° feet to an iron rod on a point on tne �outh line o!' said "tate FiFhwa,y ri;,}L-of-i.ay; thence on a 1°7'J.00 foot radius curve riE;ht !the central anrle of �+:hich Gears �'outhea�terly and the lonF- chord t,ear; ::orLh ��5°5�' 1;" East 28.00 feet) 2P,.00 °eet to the ooint o!' he��innin�-. ':'o iiave and ':u iioin t�e above descrit,e�' and dedicated premises �nto :`ii: PUuL?C forever. . I;! ':'ITNES`: '+:rr:RF.OF, �-rantor ��s cau�ed this deed o: dedication to t.e er.ecuted and de�]ivered ru^ uant to resolution of its :�oard of� :;irectors, tr:s ��S �_day of_ ,1�7?. . -�, , �--- tv.elo.+�oo�d;..T..- ' '' .iR�.a1G�A.ri.v� ',nt�'1�?i►,'�S'." lii`:F.S'Pt ;J: COM?ANY POG�THOf(SSE!!r DI'�°1s d.�sdr�=Ue�loar ,\�� r �•. � ` � � F .✓' A� '. A.� — 8�..___.:-.-..-:.�.:._._.�..,»..._....._.Sl�Dut9 c '�-�f- ?resident ..=r.::. cr ^?ir,7;� 3 Co�r�t•� cf 'r:as~irt_to�! i " Cn this �S/�a�: o•` ' '�~"� ,1��, �efore me appeare,j � : r{;; l:D�:II:� to e.e :e^�cr,all;�; .noNn �'ic �ein�- duly sworn, did sa,r• Lhat �.e said �tar. %:3� i^s �� .�e Fre i::ent of `'outh�+:est ?iivestrent ;�;;;��:r.y, I:c. , t��e ��:t�ir, na-.ec corrc_ration, an� that the sald in- tru�ent was sirnec anc sea:eci ir. teY:al:' of �ai�'. ccroo:ation hv '" • � - recto^, , and "tan r;i,''_n� acY:r,o+:led,_ed �_uthorit�r of :ts :.carc . . _ ,�;!�� ;r,�tr�:r.ent to :e ...._- .ree 2�t ar.�� deer? of s�`.� corporation. • °{��.�` ' • _-- , % �-=�J�� .{�_ �t .L��' L-'-L"r�` • �-c�' _ __ —r„ �o^ �i c=on —� � � . i •. , , ^�:: : 1/]'�i"'' . ., , �.... ;. _ , lrr.n:r� ::cr.r.ic�!or. . _.. . C i "' 1^r . .,. . . .. . ... . _ . . _. . . .. ,. � . �. ',., , '� . - . . r." ' ... � ._. .. . _. _ . . . ..� _C . �C'_ .. .. �� _ LTi:f11" '- �. .- - _ _-__ _ - . _ � . .. . ' ... _. ' " f'O:r .,.._ .c, _,-G:... " '- - . . . z J-... � 1 �� i • • .� _. ._-.,. . �. _,.� �- � �_ . , , � . ��„ f`_,_- J - i _ ,.�._..,...___�. • ... �� A `�� TATUTORY WARRA\T1' DF:F:D 8 4 0 0 3 4 2 1 : �`. DEHEN PROPERTY CO an Oregon co-par[nership consisti�of WILLIAM L. ^F}fE'� +�TLL:A.`". �~'�.5` J. TRON�, MICHAEL L. UEtiEN, JO'riti J. DC}L.": /L"m DP!NIEL p, f1F.NF.N, wiGnetS __ , (��rani��r, ��. ��' ---- ss - conveys and warran�s to JERRY C. SPRINGER --— ; � _ . (�ranccr. 1 � �`-; the tollowing described real property(ree�f liens anJ entumbrancr�,ercrp�a..peci(iralh .rt f��rth hcre�n' � '� +: 1 - A5 fully described in "EXHIBIT A" attache�. � ry,;-•:?'1,��K�'' "' _ 5�,�. SUBJECT TO: Statutory powers and assessments of the Unified Seweraqe Agency; � y�+ The rights of the public in and to that portiun of the premises her�in ��s � described lying within the limits of roads or highways; , � Limited access provisions and permanent slope easement, recorded June 4: 28, ]952 in Book 334, Page 200, Deed Records, Washington Count„ Oreqon; � Easement dated June 28, 1961, recozded ,;uly 7, 1961 in Book 446, Page �,, . r, 391, Washington County Reco:ds. �.. . � :.�;.r_�t c � �°c "TH1S INSTRU�fE•NT DOES NU7 GUAHAti1Ll. fH.\I �\til' I'.��It11Cl:1:\H I til �1:\Y fiF �1A1)l.(11 iHF f'NU- o PERTY UESCRIk3[D IN THIS INSTRUULNT.�� ISU1'E:;2 SH�>l I I)t Hf( h \�I I fl I HF •\I'I'kUl'KI•\i L ('IT1'OH o COUNTY PLANNING D[PAK�I\1LN� TO �'[1K11 1' APPR(��'f l) l tif ti " C - S.. . �'.'-T.:i.n. L t � This property is free of liens and cncumbrnntes,E\CEPT None r• p,aq�if�G'0�+ CCOr�Tv . �; +�� R£�CL P'HCPCn7Y fnA:�Si:R TAX 4 �.; � _.��T.�\r. � �� '�� '�. - �,{�,'.' f� R\iD DAT_ � �i - �:`(l +; � V — � The true considerauou for this con.ryancc is 5 245 000.00 q� `� �;, s:� _ ; � E a Tf�day of �y e4 - o DATED this Januarv � a 9 . > �/;' DEHEN PROPERTY CO. BY' " "�`�� I� gy. y1%� � /��t�-�� - B� , �i lam eFi—ri, ner �, -�f-��,----��-�-�- � ' ! ��_-- �. . COKP�1�tA1 E�CF:NON'LEDG\1ENT STATE OF OREGON,Couniy o( Washington �55. STAT[OF OKEGON,Cuunt� u( �" The for/c�o'in'$ instrumen� was ackno..ledged belorc Thr furcgoing insirwnene ..rs arknoNlcdgcdybefnre �i mc this �� 1�Y o� Janu—�—zy — ly 84 mc this --_ ��> ut ; h anJ � bY William L. Dehen William J. Tromp y *. Michael L. Dehen, John J. Dehen and hy of . :i Ganiel P. Dehen � "`' , j a corporaiion,on behalf of thc corpora�ion. ; / / "-"" ' : Y �� _, z _ /!,'��.u. � , , � �r`. ' Notary Public fur Or�on No�ar� Nuhlic fur Orc�un � 3 ,..?'4 � � :�1y tommission cx irct: � �ty ruu�mi.+iu�i r��ir�+: t'' �0 `� � �� S!A L 't' .;r d rr � SEAL '� c`•'/�' ---— — y a� + „; A . �1 �'�1 J� _ �THIS SPACL. RFSFKI'lil)POR RLCOKUI�R'ti USF �� ; .. r •r . : Ce;;w �'�s ,� :: .. ; „],{�,g,{�'�:�� k :> � Tide Order No. 351570 �'�.j � � Escrow•No. e`''4'8 ; ��1� si �+�` , � 'i �� { �j � � ��,`- : � .�j Af�a«cordm�raurn w: . � �`� _ ' ` Jerry C. Springer and Dianne Springer E; S� ��;' 7970 S. N. Northvale Way � � �� r' �''�' � portland, Oregon �. , � s. � ..�' NAA1E.ADDRF55.ZIP � �. �� ,r. e.r idw-.e�aa��.. . �' r�r � � ��} � � � 4t ,�9 .'� LrJ a.Ary�n riQueyN a�u•rre+er�..IUY h.�n��o `K�� t'� � � ; � �� Jerry C. Springer ,t�« �`'��° �'� s + r :i 7970 S. M. llorthvnle Way I � � �� 5��. ; � .� ''� z��r�.�k,s h •� Froztland. Oregon � �•�� / � f�"z�'� '�#,. � NAME.ADDRESS.21P � ��Y��,� J.�SiY��Yi��` . ..y .��. ./t x!$��"�.';.�Y`+�•°r y Tl 96 , *�*k��.;,` i � - �• k��:�,�.: , , ,,:�. -- + � •�_� — - � . � },�'.'�e�,lp.r L �'�'1 ��', f h :j �� .. . ', �� ' :�t�, � _ .:. �; � ' Urdcr No. 35157D _: EXFiIBIT "A" , : . x . The following deacribed portion of that tract of land conveyed to ,, Bertha W. Robinson by deed recorded in Book 430 page 299, Washington Count•: a y,; Oregon, Deed records in Section 2, Ta.�nship 2 South, Range 1 West, Willa- �L� mette Meridian; Beginning at a polnt that Ss South 44° 10' East 78.88 �. -s feet and Noith 45° 50' East 12.00 feet from the Northeasterly cozner of ` 3�s Lot 1, Frewing orchard Tracts, a subdivision of record, being also a point f a'.y on tt�e South line of that parcel of land conveyed to the State of Gregon, � ` , �� Higtrway Canmission, by deed recorded isi Book 147; page 423, said Deed � q�. records, and running thence Scuth 44° 10' East 214.47 feet to an iron � rod: thence North 45° 50' East 132.80 feet to an iron rod; thence North y;: 44° 10' West 60.00 fee`t to an iron rod at the Southeasterly corner ,; of that tract of land conveyed to J. A. Paterson, et ux, by deed recorded e � in book 446 page 391, said Deed records; thence South 45° 50' West 65.00 ° " .�, �� feet to an iron rod at the Southwesterly corner of said Paterson tract; � �p thence �North 44° 10' west 150.31 feet along the westerly line of said �ic +r Paterson tract, to an iron rod at the Northwesterly corner thereof; t ��,, thence on a 1870.00 foot radius curve (the center point of whiah bears f � �� South 40° 33' 35" East and the long chord of which bears North 49° 20' � ,. 25"West 67.93 feet) 67.94 feet to the point of beginning. a-_ � •:�: _:�; C - �ti �:�,:;� i i` �. f: � G STnTE OF OAEGOr+ fi �r�`r�'� ss Co�n�Y oi wasmng�on � �, o�';j .,. � 7:i A:a;,,r :.��..tn��,�ays��s>�^�r�t � �� .n,�� -.�.n� „��,,,a E•-qn�c�a�iuco�a.:r o�w��- . .nnCr�Wr sa�C Cuunty �o n�•rrnr Crrt�ri v�.,U ... - a i,nii� msir�ment bl wriliny wes rrl•.�..•...7 � �: .� ,,r`'(.��r'�`t) �DUOF 01 fCCO�tlS UI SJ O l J�'��r .` �� . pnn��d Y� Maao� G ro��to� o� �. `�„y _. � +»r�smi•n� ari.7 la.nt�,n t. !k� U�t��c Cn�rl Prt,��C��.r. �ai q%A � ��. �� r� � � ,t � ,M .;�,.r{�,. �,r � � �:"t1.� . :,�* p ..:�v, ..,t�sr� 4�.. t � . t. .�'(`.t�o�: t a�'9 � .,�� :5:+�' �„ '�� " � �. 19��J�!+ 27 ;'M 3� 23 ` � 4 t �"`t��- �;; �`` �;� �"`� �� ;. � ., �, ig� • � , r'� . _' � ��_ ` �� -�� ':"�° -.,-.- . , - �.. ., _. .. ..,.-..P ,,.----- �..;n1��i'.�er�4 j, ' >�r +w'3 a. , �,...r,�.�..,.T,....�.Rt�r"'.'E�• - � r� 4° � . y$ � . ' � .- :��5 &`r� �`�j�ii-s.�.�' , x � - .... .7 -L F +X7."g 'y?. ^e�. �� ''S ;a P L�y? #�zxy. r y;•�.,F y.x `'�`�k'�k 3�£}°� :�a�,�. �� -� �. � ,� �.� .�:a..� , . , , . i . -.��,�.. . .r.�. . . , � 4. ' . . . . � 1��' � � 9 +'' � z w.e' . .... + . . � .. � ':.: S �� 'v 4 . `" �,Yt,� .. _ . y z t.�.Q��y:. 'H 's�. �, .n . . . . � �* � �r �,��;,.,�' a ,. ; � ` ' : ` : . � �.. , r �, rx � e; �Y . . � , o?,r x � �'��+�y :�s ..,,- �}� ..,'�� ,.,. -��:; 1: � 6. �— ul .Ei. tllanoy� ]7otuay ?ubllo foa Oragon �- � � � 711�d !or r�oorQ Jul� C7�1931 ct 1Ot00 . . Yy oomnir.�ion ex�iros Aug. 50,1952 , I � er�es I:. Devia A000rder oi Coave oe� �, i ep n ea � ux o �.c. e o. rcr.on ee & �, i, � o� TIiI3 i:7:.&1f'1V:1E ti�IYlri:a.9B11i� Thnt fli.liem�llinghem nnd Luoil� Allin�a��, hL �73t�� tor I Lh� oonelGsratlon of the eum of t73no liunlrod ThirLy m6 ao/100 (:�930.00) Dollu• to tham a d ya10, hnvs bnr�nined unC no16 anQ by the�e preaenta do baraein, ssll und oonrey unto 9Let� i N of Orsgoo tl�n fo11on1n� �occriLOE promloes, to-vit; ♦ parcel of lend in tha �ill} of 5sotion 2, T 2 9. A 1 W., 'A.II. ��eatiingten Count�, Oragoa� , � '*� ea16 paroel being s portion of the proyerty of Willlem end Luoile illin�hem, ce reoor6eG I ' .��. o Sn Book 138 at Pags 886� Des6 AeoorCs of +:c:-hlagtoa County, Oregon; en1E Du'oel b�ing • � � t �-�� ■triy of �srylnE w1Gth lying on ths aorLheoeLerly eide of s.1Q granLar�� propert�, an6 ..�� beicg�uore pertioulnrly 6saorlb�d es follo:is: � � 0 �t BegSnning et s point Rhioh Ss S. 44• EO' S. 88.5 feeS from the northae�t oornsr of Lh� � • J•S. IRewing lend, ��Glch polnt ls SO.OB feet aouthee�Leilq fiom (nnd mec�ureQ at r1gUt ' • o ..nnglse Lo) tho oantet lioo of eaid iil;,;h�asy at 3[K,SnNr�� S:ntlon 102��6.61; su1E beglnnlstg �] S :`1 point bsine slso Che moet neetarly oorner of �u1C grw.tora� propsrLy; Shenoe 2L 46� 4S� � a -� _. along sa1A QunWre� aorLh�ieetsrly Dound:.ry llne 144.71 feet Lo an Sron pipe set at se1Q I w grentore� moet northorly corner; t'.ience S. h4• 08' E. along tho northenaterly Doun6sq of e an1Q grmLoT�' proporty 19.0 feet Lo e po1n: xhlch Se 40 feet soutl�easte:ly from (nnQ � �� t neccured ¢t r1;J�t mglea to) Lha conter llne of aeid nl�ylva�; Lheace persllel So tR• asnts! � ! 1 linc of znSC higl�eey oa n 1870 foot raQius ourvs to t6e left (the lon� chorG of Ml�loh Dsnr� 2 .,. 69• 10� 11. 145,0 fesL) 145.1 feat Lo ¢ �oin: on the southwaeterly boundarq o! sa1C � � � i � ;;rantore' proporty; thence :i. 4•:• ?A� �7. �leng said soutLno�terly boundnrp 10.38 feK � � t to the poiat of 6eglMing. 1 ':he percel of lai3 to r�Lich :his Loacrl?tion appllas contnlas approslmetely 0.046 eorss.. i'0 (!AYj' l.flD'PO 2?OLD thu sald prwiaes, :�.1tli their uppurtenancea unto the �a16 9tate of Oragon 1te eucceesors nnA nselgna foraver. 0nd �:a ti�o �uld �rw�tora do heraby oovenmt � to nnd n1Ui tl�c �c1Q 3tnta oS Oregon ite aucro��eo:a md essl�e thoL we are tiio o��:nera I . 1 in fee eiraplo of eulA ,:e:¢Saoe; that Lhey aTe fruc froa all inounbrunces eacept �uD�eot Jto e ri�lit of nny 12� (Cwelvs leet) in r�16th�olon�; tl�e 3outh eaet Laundry� Thl� rlgt�t ot �uy for L"_o une of tl:o o�:,:�.r o1 Llio 4 ucre:i lying Lo t':a :iouthesat of LQld 16I1Q� nll thie ee set toTt:i Sn tha aDatnscL. md L'.�,at rie r:111 vruirnnt �:id de^end tho aa�mo iron all lmvtul tlalma nhut�onver. IN �:�IiNS3S iCiRPAF, r+� hava !�erounto aot our l�unrin ::nd s.,:ln CI'�1. 8th � dnyDf Jun��1991. :on:•:n.pranonae of: �—�� 771111aia :.111n;Jicn '�ual ....... Lu�ila .�llln�itom f.cul� 3T.:TE OF 011LCOIl� c:ounty of Ylunlil.t Ton.....en. Jn thlc 6th c�.�y of Jure� 19J1� porouanlly cune DefoTO ..o� e l:o'.ury :uDllc 1� c:id "o� ::r-iL coanty :n�l 3t�tc� Lhu rrSthln ncaeQ 1fi117n� ;.11ln�;hem anc] Luo11e hllln;;ham, hl� r1fo� tn r.w ;.o:eonully r�io•+m to 'ou tlm inantfoul � peruond Ceeorfbed Sn, anC -:lto czocucoti t:.c •:.ithin Snotrumant, nnd �•�l.o nuaL yoram��lly ec:moslad/Sad to mc thut thsy ez.�cu:ed ::io o:,...a fiuel� and voluntnrlly for thu ucoe nad pu:pooaa Sitieroin aeme6. �IStn�sa my hund �.n9 o!fi:lul socl tF.o Gvr nnQ yunr lnst ubove ' 1 \ �1 � � nriLton. U �aoal � CLaa. C. 3one, .;otery 1'u�110 for ::o6on y co�:�.1�a1o:� ox;.�:ras :laroh 27�1454 Filed foi r�.:or1 July �7,1931 Gt 1�;00 6.id. Jeiano I:. Luvlo :iecorder of Co:ve;•n:ic9e G3�' K110Y! ALL MGP] BY 't'ti?ESE Ff?'.�;:'i:'d';.�� that SOUiii4!ES': Iil'dt:5'!'P1i':.'1".' CGhiPAPIY, an OrePon corporation, doe> herebv dedicate to the u:�e of .NE PUELIC as a public way forever, the followirE� describec� real propert;� in Washin�,ton County , °tate of Ore�*on� A oortion of Lot 1 , Fre:;:n;'� .^.rchard ':'racts, a plat of record, and a portion l��inE- a�iacent thereto, all in Section 2, Township ? South, Ranc-e 1 ,'e�t . � • Kash3n,.ton County, �re[-on, tein�- r^ore part'�a'iar'-? described a� f'ollows: P•eFinninf. at a �oint on the "lortheasterl:: 1'-r:e �;,� said Lot 1 that ls :'outh L4°1(1' East 7n.�'S feet fror.. the most :�ortherly corner thereo:', bein� also a point on the Sour,h line of that �arcel of land conveved to the :;tate of' OreF-on }�ir*�4ray ComT.?.ssion, :�y ::eed recorded in i�•� -�.,— D e e d ; oo�: 1 oap-e �23 v:asn`�on ='oi;nty , Gre�on, ��ecor � an runn r; t �ence alonr- tr.e .,ou . ine of sai� �tate f'.1�-hway ri�ht-of -way on a ]E70.C10 fnot. radius curve ri�;ht (central an�-e1 cf which bears Southeasterly and tha lcnf- ci�ord :,ears 'lorth ��5°;0' =`.a:t :?.00 feet) 1:.00 feet to an :ron rod: thence ."outh 4u°10' Fast 274.26 feet to �n iror. rod: thence, South u5°55' �•'e:�t. 40.00 feet to an iron rod; thence �lorth ��°10' l•!est ??3•�° feet to an iron roc on a point on the "ouL': 11ne o.° sald :'tate i'.iFhwav r1i,hL-of-�oay; thence on a 1°7�.00 foot rad:u� curve ri�-ht (tt��e central anrle of r:hich bear^ :'outheasterly and the lonr chord � ears ':orth ��5°5?' 15" East 2P.0� feet) 2P�.OU feet to the point of t�erinn!n�-. ':'o i:ave and ':o ::old the ahov� descrit;e� and dedicated premis?� anto :iiL ?�'c;.?C forever. . I;; •I':?ILSS ;r'ric:F.FGF rrantor `�as caus,°d this deed of dedicat'_on � c• er.ecuted 2nd de�ivered r.ur uant to resolution of it^ ?'oard of tc .. r "" �/ �� 1:�,, • .�frectcrs , tt:_ _�_S�_ . �' _ c�� --- . '2 /.w tv.alo...oaa;...�-.1-�-=-.3R—n:'I-A.11.rs1. ' . " , '�;=. . . i�'F�TTS '�T :'Oh'.PA;�dY '� � Aocta r�aKSSa�,d,.obr d h�a.i swabe. ,��-i ^m ,� �- �. i �� ( f"� �..� . \ . � ' " ' � �D��V . ,� . , . _.y�� — 8/..�...�.r.:...•—. . . ' . , __-__'._' .r.�............_..._.�._.. ........_. °resir+er.t _. ... �.;•: ) � .,.. 0r t.LG�:'i �:c::r�t;; c:' ';:a:�,irE-!�f � ... Cr tl;is �S�c:• �°___` _`t'. � •1�� }efore rre aFoearecl ;:: f;i�:;I;:° Lo °e -,�^. .,.�11� ^own, r*^ ce'_n�- duly sworn, '.id sa;: hat r:e sat,i `�tan ;,i:::ns 1::, ,ie °re i�^nt cf ."outh�•:est .'+vestr^ent. ';or�r+�r.; , :r.c. . *.r.e ::it�.ir. naTe<i ^_orccra±'_on, an� that the said ?r.- -tru��er.t .ras sirr.e ' an,i -ea:e,:i ir. tet,al� of �ai�'. corperatior. h}� a�`i,or'. o° �t.=. . .�_. .. . .re' t.or.. , an�'. ."tan 'r.;i:in� ac::noo:lec:�-e �. .. ,,_! . . .,rtr... .:nt ..,; ?e .._ . . ee ,.:t^�„ ' r.ce^ o!' .:a!,� corro^at!c�r.. • c rf,'�� T?_ , r� , �� "i� {C �t L �st , t ` . '� r�_--- .- .— , �r,— -. _'.. � • .<......rF :c^..._ .:!cr. . .. . ,. , c: . -;^c � ' _ . r . .�..�r�_r; —•r.. , r . . " _'�;^r,. • . . ' ^ �7 i • , __ . . _ � �. . r- . �',/�) ,' ry _�_ J , James R.Woodley and Elizabeth F.Woodley 5150 NW Valley Court ' Camas, WA 98607 (360) 834-9382 March 8, 1998 To Whom it May Concern: Jon Burtness leased our building at 12700 SW Pacific Highway and has been operating a"high end" motorcycle store since his lease started in March of 1997. We gave him authorization to operate this business in our building before his lease started. We have monitored his business first hand by both announced and unannounced visits to the building. We have observed his clientele to be very friendly and professional. Some customers are accompanied by their families. Jon has always been the perfect tenant;his monthly lease payments have always been on time and he has always asked permission before doing anything that may affect the building. We hope this letter helps resolve any questions anyone may have about our authorization for Jon to operate his business. ��wZ � ��--�4°, ��.r�..-�� r (�.-.� `_' �zr��., /�� James R. Woodley � Elizabeth F. Woodley �— 4 M �e .L" s•# Yw �.•��1 .. �'..I+�� .. � � t i: . ��..� �wf� ' .~G4. 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Woodley 51 SO NW Val(ey Court Camas, WA 98607 (360) 834-9382 March 8, 1998 To Whom it May Concern: Jon Burtness leased our building at 12700 SW Pacific Highway and has been operating a"high end" motorcycle store since his lease started in March of 1997. We gave him authorization to operate this business in our building before his lease started. We have monitored his business first hand by both announced and unannounced visits to the building. We have observed his clientele to be very friendly and professional. Some customers are accompanied by their families. Jon has always been the perfect tenant; his monthly lease payments liave always been on time and he has always asked permission before doing anything that may affect the building. We hope this letter helps resolve any questions anyone may have about our authorization for Jon to operate his business. �� // jir�-7,,V;� �- �s-�1�i� r��c x--�`r=G��.ro� �James R. Woodley � Elizabeth F. Woodley MOMENTUM�lOTD�PC�'CLE.f, /�l/C. PHONE(503) 639-0740 FAX (503)639-1719 12700 SW PACIFIC HIGIIWAY TIGARD, OR 97223 November l8, 1997 To: City of Tigard Re: pre-application checklist enclosed: two copies of site plan Proposed use: Momentum Motorcycies, Inc. has a primarv function to setl used Japanese street and off road motorcycles. Our current inventory is 16 motorcycles and our total inventory could be as high as 30 units but no more. During business hours some of the motorcycles are kept outside, on display, then indoors at night for security reasons. This limits us to as much as 30 units. Other uses of this address is the repair and service of motorcycles and sales of parts and accessories. We would also like to be in the position of accepting automobiles as trade in on a motorcycle. This type of transaction happens occasionally and to legally be able to provide this service to our customer would require us to be licensed by DMV. Current inventory of autos is 0 and could be as high 3 autos. We are requesting the city grant us permission to sell used motorcycles and a few used cars at this address. Current owners of the property are: James and Elizabeth Woodley 5150 NW valley view CT., Camas, WA 98607 phone: 360-834-9382. Momentum Motorcycles, Inc. holds a 3 year lease with the Woodley's to expire in March of the year 2000. A five year extension beyond that, with an option for Momentum Motorcycles to purchase the property. A topographic map was not available. Sincer�ly, .�f1 Burtness President, Momentum Motorcycles, Ir�. CITY OF TIGARD CO1�tN1UNITY DEVELOPtiIENT DEPARTtiIENT APPLICATION CHECKLIST CiTY OF TiOARD The items on the checklist below are required for the succesfui completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other appticable materials at the time you submit your land use application. See your application for further expianation af these items or call tne City of Tigard Planning Division at (503) 639-4171. Staff: '�� , � � ,�PPLIUTION & REL-�TED DOCUtiIENT(S) SUBNtITT,�I REQl,�1RE.1nENTS INCLI,'DEa� ,�tq ' ' `, 1C� RKED �TEMS �� PF��cation �orm (1 copy) 8) Owner's signaturelwritten authorization � C� Title transFer instrumendor grant deed � �> Applicant's statement � � Filing �eo No. or Copies _��?=; �_ 1� , i � SITE-SPECIFIC ��tAP(5)/Pt.;yN(S) SU6ti11TT�L QEQUlRf.�tE.'vTS INCtI,'OE � ,vL�RKEc7 I�"c;�ls� A) Site In�ormation showin : No. or Copies �---�, i. Vicinity map 2. Site size & dimensions � 3. Contour lines (2 tt at 0-10°0 or 5 ft for grades > 1p°o) � �. Drainage patterns, cour5es, and ponds `' �. l.ocations of natural hazard areas including: `� (a) Floodplain areas -' (b) Slopes in excess of 25°0 `' (c) Unstable ;round ` (d) Areas with high seasonal water table � (e) Areas with severe soii erosion potential y (� Areas having severely weak roundation soils J 6• Loca[ion of resource areas as si-iown on the Comprehensive u ��lap Inventory includin�: (a) Wildlife habitats = (b) Wetlands -' 7• Other site features: � (a) Rock outcroppings (b) Trees with 6" + caliper measured =� reet from ground level c 8. Location of existing structures and their uses � 9. Location and type of on and otf-;ite noise sources l0. Location of existing utilities and easements � 1 1. Location of ex;sting dedicated rijnt-o�-ways � s t,iVp LSE.�PPLIC�TIpN I UST '.1Cc 1 CF ; SEE MAP � �� 2S ( 2EA � l000 • / � J. . � .ja�C� V��i� � l T �/�� / � •°'�1-- „b0o� �, �C.$.N( � 6v y9 / � N� i ` � �-�� "Q�J I 300 / / o .9a,oG. s / 1400, ;"�� j' � � IIAG._oo� �J �_ i � �,� i500 /�° ��`J \ �a� i � 4.6i Ac. ��o j� � � �cf, � � ��,� / � t�1� ` � �`�1 � \ i/ \ � � ��Oe �6�� \ \ . � .4/At. ��e o ��, /�a� // ,� ' , '''J � � . .`¢o`� ,�� A,yti „or b �t�� l, ;,,�� G RArtD 2 � 5 .2jAc. �o � � \ � .�.� � ��' � ' tT�; ; � � >>��-�I�� .•y�- � f i�oa ) , s �. , Qa`'� rp 24 At �� ,� oo 'A� ��! �• \ �'' .° � � ° \k � { t�\ .G�t,qto7' � �e �► `'�' �� '�� e � �.,�� ' 1703 \�q . �1' .18Ac. r � � � �v. , � / ` • � f e'r � �,n`��a, � +��a �� , �D �hy ./SAc \ ' � � -' �� e6 �� N + _�n} `��,. ,J � �, e � y��sti' 1800 � � 1�r�'8•g�= �,y°�' .4a,4c. P.�, � � '.�.3�C..�?F � `ti y,� �q, �'; � '` 0,�0 �o. � P 'r tL�� ' �� \ � e' o y} � / �l'��` � A6•F,9 r 30 0 . � �' a `� 44At. ': a / `�*� � a �� ''�� 2�� ` � /.9 .�� ,;► .z, 1 '�ti� , �� `s f� �� '. �.j o / s \>>' / �� / � �1 � _ � �� , i� � . � { � � I � \ �- i S£E MAP .� �--- • . 2.S I 280 ° • A� �� %�� 12700 SW Pacific Hwy. z) Si�e s�ze �d dir�u��a�S - �J �o�-iUn o�e�.i�ti n�c �Ih�u�'�4u,res . �bu.i ld i v� For t bc,l,�Si n�SS) qJ Le c.c.�k;cM c�.v� +t�}��o-F ori�o�-s►k r��se.. 5ou rCes ��aGl�riG�w��rSOc�rC�� a LoGu�"��o ��5t��1Jo c,�}�iTi��e45e e�'� i r l.�(�,t;un of��,-h r� d�d.TC�r��'�a� � Y � � � � ..�.p a •- �� —� _ *�D � 215.0' E_� �`L aH 6x�ST�nr,� StYU[��G � • — � — — — — — — — — � \! �� Q �#�iC ID�� N � �IC(.f1�1 L � ( � I � ' �i�10 Walar � � � -� o h�—, A / ' t�D �../ � � Q' ��k Il�lZtqh}-oF 1� � i � � �#.� �j9hl�,o�c,.�a,�—� �i - - - - - - EXIT EXIT • ' `/,LO! s''z 5L£5 B) Site Develovment Plan indicating: No, of Copies z.� 1. The proposed site and surrounding properties o- 2. Contour line intervals � 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties � (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets � that require future extension � -�. The location and dimension of: (a) Entrances and exits on the site � (b) Parking and circulation areas � (c) Loading and services area � (d) Pedesirian and bicycle circulation � a (e) Outdoor common areas � (t� Above oround utilities � S. Tne location, dimensions & setbac'�c distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on ;he site and on adjacent property within 25 �eet o� the site � (b} P;oposed structures, improvements, utilities and easements on the site � 6. Storm draina�e facilities and analys'rs o� downstream conditions �' i. Sanitary sewer facilities � 8. The location areas to be landscaped � 9. The location and type of outdoor lightina considering crime prevention techniques � 10. The location or mailboxes o 1 1. The location o� al{ structures and their orientation �' 12. Existing or p�oposed sewer reimbursement agreements ❑ C� Gradin� Plan li�dicatin : No. of Copies The site developnnent p(an shall include a �rading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location a� extent to which grading will take place indicating: (a) General cortour lines o (b) Slope ratios� � (c) Soil stabilizatS�n proposal(s) � (d) Approximate ti�ne of year for the proposed site development o 2. ,� statement from a registered engineer supported by data factual subsiantiating: (a) Subsurface explo\tion and geotechnical engineerin re ort c g P (b) The validity of sanit' se�Ner and storm drainage service proposals c (c) That all problems will e mitigatet� and how they will be mitigated ❑ L1N0 I;SE.aPPL;C�TION/U5T ��G�= OF; 8)�t�+��?�l1Z�lYlc?r�t� .,... .,,,,�,.��.�x-��'"1 MGtan 5-f- U i�lc� 12700 SW acific Hw . � ��S'�s`'"�'�°i�'°�"�'��'�'`� y 3)i�Cc�-i oy-�,d i me�s i uns,na.nties aac�!l: A)�XISti►'�q��FedS�e�sLOF�� . �►.�o�►�t�o,�S�Bq+�rr1�S Oh Si}C �n 7J�.r1��SC.WC.f F�+-ulid-ics CY� a�joir�nno,�''°��5 J locatic�o�rcus-b be.►�(�al 4�LOc�+-ti��,d i.►�-nstvns eF: �nvn�� u tint-r�c:c.s�EX►�-s onsi� � 9 w►��c,eu#door+�']ha,1� t�lu 1�Ci/Z,ul�on a.�^ecLS�P69'�cvs�'1 I �OClxi�ur�oF all Si-rkt�.S t►.n,.� �f�c�P.:afrt��B�c�.�cl�c Ci f�wlc.,t,w� -the�r ar,�„}.�i w► {-�p��-�ove-�u-�c�l �'�l i 1-ieS 5l Lo�;w+,D�w�u�iaws,5�c�.d�skz�++cas� J�►�E�i�i Q�'rn�a!^e^#'i. eq�`,�sm�c,r�'s � — c,�.�l�t�,a. . Whic,1'� �L-14��un s►1G w�,a► ar.adJA(�r�l ��r#-�, w�tti+��► 2 S 4�ce�-o F�-Si1�c- �� St1'��Q.M �'1�%fiic.�t�S�4t�s►5 e� �� — — � 215.0' ��1 � �� - .. . �� - - - - - - - �� fi � -�1 I �Zc�l U �s�� x * ,�fs — � � C7 r' � a �� H F wakr '�9 I Z.-�t C--- �.� i—�i � � 4�'�9+ � ° �, Q � � ° y ~ � 4 a 3�-�. � " � En � � � � � b � �h'F� i �' a � � � � rb��,+►,,�,,,►�,��r�Way� - - - - � - - -� y1-d - - —�� EXIT EXIT � A MG4�cr �L �' ,�,��``�'s� �s-}�►c ' � ,�^ �• `�,,y +k��r�c.ion �� . � � * 3°` — �/ • � � t�EA r��rJ . \ ' � O) Architectural Draw ; Indicatin�: ' -� The site development pian proposal shall include: '�O• of Copies �_ 1. Floor plans indicating the square footage of all struciu�es proposed For use on-site 2. Typical elevation drawings of each siructure � La�dscaoe Plan Indicatin�: No, of Copies �� The landscape plan shall be drawn at the 5ame scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Descrip[ion or the irrigation system where applicable o 2. Location and height or �ences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ �. location, type, size and species of existing and proposed plant materials � �. Landscape narrative whic�'� also addresses: (a) Soil conditions o (b) Erosion control measures that will be used ❑ � � Si�n 'DrawinES: � Sign drawings shall be submitted in accordance with Cnapter 18.1 1� or the Code as part of the Site Deveiopment Review or prior to obtaining a 8uilding Permit to consiruct a sign. G) Traffic Generation Estimate: o H) Preliminarv Partition/Lot Line Adiustment l�lap Indicatin�: No. of Copies \ 1. The owner o� the subject parce! � 2. The owner's�authorized agent � 3. The map scale (20,50,100 or 200 feet— 1) inch north arrow and date a ='. Description ot��parcel location and boundaries ❑ 5. Location, width�\and names of streets, easements and other public ways wichin and�\djacent to the parcel � 6. Location ot afl pe manent buildings on and within 25 feet of all property lines � 7. Location and width o� afl water courses � 3. Location of any trees�within 6" or �reater caliper at 4 fe�[ above ground leve! � o 9. �II slopes greater than\25°a o 10. Location of existing uti ties and utility easements ❑ 1 1. For major land partition hich creates a public street: (a) Tne p�oposed right�of-way location and width ❑ (b) � scaled cross-sectio� oF the proposed street plus any reserve strip o 12- �ny applicable deed restric�tions � 13. Evidence that iand partition�will not preclude erficient future fand division where applicable \ G I..,�VO USE nP?L:U7ION/LIST �.�Gc] Cf i , � ,\�, , _ EXHIB{T "A" ' S�� Pi,al� � � � � ' 215.0' �"'' i - - - -- - - - - - - - - ---- - - j--�----- - - -------� r�► I � , � � �� , I .�.�1 �� v ��I I -----. ; �— ----, � �;,� Q� � / � / / � I I I � �� a 4 �J b � � -- ----- - --------------� -- -- �--------1 � � � � � �J �1rcl�i�c.it�.rr�.I �ravJi�t�s :� A Ny oTNf,�. A�2�N i�r�cnueA� ��,�s 'w,di c�; sQ �(tAu��r3�s iA� UN�VAcw40�L04R PLA� �Lo�a.c� s ��oFu�c.o�buAldi� 'P''qpascd. [-�•� .�.�a.e.6h-s�+� JT.¢�yGr�cas e�c�u.��. c�avJ�v+qB oF ,�.�---------------------------z30O 5�2 _F'�_---________...__---------------- _, — - �►, �. � ��•-� . ; ; ' i � I o� @ • �r-r.ar-r ��-r.�w-c w�u-�cvaast � �-r,m�-io- � r-tur-r � � ' `---""'�_-""--'------'°'°—'-^-'-'-----'--�--------'^_'---------"--"-""�-"--�'-""--'-' rkas•-i�' 91 •� � � '"�� 1 . V �� _--------- � � �� /:=� 12700 SW PaCifiC Hwy. �J�ds�� n�� l.o CcuF�w1,-I�pe-, Si7,� a�u1n��'S yh � ►�Pb-sed }x�+ n�c�er►�5 e,� ►� .�► . `�� zis.o� � - - - - - - - - - - - - - - - - � �,,�,�s rt�us � ^ i i � : Pt�w, �e,rr�n�al v�„-�s — �n-`'1°s � . . . . . . . . � d -� o � o � / ' � �--� � � a � � � , . � � � �y - - - - - - - - - - - - U EXIT . EXIT S ■ i � i I I �� I I MAIN ST.VILLAGE i � � ! � I i � i � \v ; � � �; � ;; V c � <-� I J I � � � I 1 I O � I � I � � I 1 � I 0 I I �A ` - - - - - -- - - -- -- - - - - -- � - -°-----�--��-� -�---�----------------------------•-•-- ? -r F NNO CREEK ------ ---------- ---- -- -----•• --- -- ••--•-•. ••-•--. _ _ __ ---------------------------------------------•----------------- ---- --- ---------• - -� I � � i i � � � I o EXISITINO � � O � � STRUCTURE � I --"—� � � I I I J 2 j � � � i , . U p ' o o e j i Lo 0 , � „-- ---------------------------- - -------------- i _� � � �� i � �I � �qi',,,°��iii''a,, / � � � . i -~ W ` j i i � g � i i a ENT'�` a b b �T � � � � RICir7T OF WAV �RKWi OF WAY RIOHf pF WAY � � :� I DRIVEWAY ! � � I � � ------•------__.._.--°---°-----------—.._.._.._.l_.._.._..—°-------.._.. -•—°—°—°---�.__��__._ Q � --------°---..__�._---°---- �-0. I � I I �� ! 12720 SW PACIFIC HWY. ,y�a, � � � i BUSINESS OFFICES i �„'y� � i ...�,� i r Y�11C� j b � laRGHITE4T4�t i � ' clin n ; � . � a a . - . �.._.------___---___.._.._-.-----�-��----.._..-�-----�--��----�--�--��-�---._.._.._.._.._.._.___------- ------- -- -----�--- --- - - - architect _ �,,..�a.w.,,.�. .---°—.._.._.._.._..—�----- � e r 1 1 • • d , o ► • � e ■ MCKENZIE STREET DEAD END °�*� � �«�'J,°°' .._.._.------_.._.._.__.._.._.._.._..----�--------------------___-------.._..-�---�----.._..--�-----------�-�---�-�---�-�---�-�- p ��---._.._..—----------------��--�— rroject Nonn �� I �-- � �� _ SlTE VlC1NlTY & CONTEXT PLAN 1 SCALE: 1'�3U'-0' � 5 . i i ! i �� r j I �I I I � � oasr.FtooF �asr. �srno�oras 213.0' : ur�.�eove sTOR. . .._.._.._.,_.._.._.._.._.._.._.._.._.. .._..---------- -- --------- •------------ ----------•— ----.._ ..-------••-_-•--••-••-••- -°--°-°-°-•--°------•-------��_��..�.___.�_��--••-••-- --..�----------°-�------°-°-°-°— .._..----��r .._ .--------------------------------------------------------- ------------------------. 8 ��'�' i i � EX1SfTING STRUCTURE I j � C 2300 3Q FT I � � I � � ewsrruu3 oasrnNo � i OfFICE OFFICH I I O T � I I y 3 i U o ' � � o °' � _ _ __ ___________________�m�___ __�__ ___________________ � � �„� 1L � � � . - ; � o � U � e0'-0'P HG � � rn. . � � � � �- � M � i i � ! ! 0 I I � I I E CE � b ' � j �T EXIT I RICi OF WAY � RIGHT OF WAY RIGHT OF WAY � � � ---------��--DRIVEWAY-..--�-�-----�- -�--._.--�--------..____.___._- -----�------ ---�---�--�---�-----L�--��---�-�---�-�--.._.._.._..---- --�-�---�-�---�------__�___.____.. I b � 214.8' � j � ` I I � � � SITE NOTES � � � i � 3R'E LOT AREA 13,904 3a.FT. 100% � � o I EXISTINO STRUCTURES 2,300 SQ.FT. 78% I LAND3APE AREA 1.330 SQ.FT. 11% �� PARKING/PAVING AREA 10,074 SQ.FT. 73% � � r I n I V � � � 1 :f 11�♦ I �+P,4HITE4TVP i i � � �1� � i • i � � �- . ! arc itect �..._.._.._._____----.____.-------------____..--------.______._.._..__._.._..-�--��-�---�-�--��-�---�-�---�-�--��-�----�---�-�--�--�------------------ ____.---------------____----------------�-----�-�---- - �,,.,��.,. . . .: i . . . o ► • � • �� p�lMMe.11.tfY R�vINd1 MCKENZIE STfiZELT DEAD END �«N°'a' �- � � EXISTING CONDITIONS SITE PLAN �■i SCALE: 1•�ZO'-0' ,a �� i i I I f � I � I I I , � I I �� DtlBT.IIOOF IXIBT. EXI9ITINO : urE,�swe sTOR. nesrnoo�.0 213.0' -�-°----°-°-�----°-°-°-••-••-.. .•-••-.._..---• - --��__. —..---------..___.._.._.._.._.._.._..___..----°--._.._.. ---�-�-----..-°-..-°- -----°-°-°-°-••-°------------------.._..---------.._.._.._.._ � ,r ------�-----------._.._.._.._.._.._.._.._ --------------------------------------------- -------------- —---------------------. r� ° . aaT�� ' ' � SFIED � � a EXISITINO STRUCTURE ! � � 2300 SQ FT I I I � awsmro oasmr+c� • tJ � OFFICE OFFICE � � S � � j I � o0000 ; ; o U � � � � - � ' # _ � � r+---- - ,.- `." i i � - r-�w--t- ----- ----------- -------- -- -- -------------------- ,.,�,,,T , � � LL � � �' � ; � � � � ;� � � o � / y � � � � HANOICM EJ09TN6 RANTER I I �ION REIV�LEW/ � � CONRETE r�DA RAMI I ��0�r 9AW CUT CURD P BTA�LL OCL DOOR D I INBTALL ADA RAMr (UOOR 7}iRE9F1p�D TOD�I�NB7ALLED I � NEW��RKINO YA7}i NO 9TE�W8i0E qC bUfj � 4NE 9T1[IrE g�FpR ApH I ENT NCE b �e b b j EXIT EXIT I RIG T OF WAY � RIGHT OF WAY RIGHT OF WAY � � I � � � �--�------DRI V EWAY-------------------___-----�-----__.___.______________-------------------L----------�-�--.._.._.._.._..--�--�- --�-�---�------------------------- � � - � - � - - - - - � - - - . . . - - a��+.e•- - . i � i i i � i i � � � ! � i . i I � I I I � � I —�o I _ 1 :f ' i AR41� i � � �lll ; • � ,: ,� . , ; � � arch �----�-�----------------------------______----.._._.._.._..-�---�-�---�-------��--�-----�-�---�-��-�--�--�------�-�-----�-----�----------------- ------------------------�---�-��--�-�---�-��--�-�--- -- �,,..�� . . .� e . . � � : --------��--------------------�-----.--- � ��. � MGKENZIE STf2��T DEAD END �� .�. PROPOSED SITE DEVELOPMENT PLAN � a SCALE: 1'�ZO'-0" � � - � � i i i . i I I , I �� I � o � I ---°----•-"'----°—°�-,..,.._.�.---°—�--°—°—•.�—..__._.. • TAkE ., - —••----• -�- — — — . � , ..�._�..�.. ' w.---^- --^-�— , — —— — — ----.._. . -�-� "-`--'�_w_.�.,—_.��.--- ^---�-°----•...<-• -.-... �"'..-- --•--°------------°----•—°---------�--�—°-------�—� � . ., ._' . _ . . , ..,... . , , , . � . . .+ . � ,:.. . ' ._..----I --°—°— ---"---°--—°---°—�——�— .:,.. pul�rta ,, '�`.'.' ' � � C ��e; � _ ... _ :.�.':�• � � �. ��, :,�.' :�' � = 3 r .4 -,�.i ! � 0 � o c o 0 o p � � U o ' . _ , , - N •---- -------- ------- - --•--, . - ------ I 01 ----- -- - -:: - ---, ----_. _-_- , I I � 1.1... , ; � ' 8R1N0 TER RRIN LMIT9 MRU I � � � D PLANT TYP. � U � � � � ' � � � � � � ! ; � � � . � � 0 E NCE b � � I � � RIO OF WAY j IXIT �� : � RIGHT OF WAY RIGHT OF WAY I � 1t11B8 DRIVEWAY ! � �1 j - ----------._____-------�------.._.._.._.._.._..-�---�-�-----�-----�---�-��----�---�-�---�-----�-�--------------�--�-��-._.._. . L._------------.___._..__-- ---------______ . I 214.8' ---•----°—° I . � j L i i � i LANDSCAPE LEGEND � � � � ! LANDSAPE AREA 1,530 SQ.FT. 1196 � � I VARIANCE REQUIRED � TREES: O J �� 0 oasriHO r�� j � 1"� � SHRU85: � � —_ � � ewanwc�aHauee ' 1 Trl�`! I ! 14RSFQT'E4T4P�E � GROUND GOVER: � I O PERRINIAL PlANTB TYp. � I � '�CiAL�40'O.C. � lin n � .� ! ., .�:., .:;:.: c�sa,soo � .— . L' � arc itect .'_"_"_.._.._"_"_"_"_"_"_"_"_"_"_"_.._.._"_"_"_"_"_"_"_'__�.___'___�__.'__^.___.—__'_'_'___'___'_'_'.___..__� . . ' __�•___.'___.___..__— '_"_"_"_"_"_.._.._.._..___"_"_"_"_"_"_"_"_"_"_'•_"_'• — 711i p pNWp�N. � / e ►t t a n � , e r • o o n 9�� °—.._..--------------°----�----------— � ht�OK.11.1!N M CKE NZ1 E STi��T DEAD END � ��, ,�— � �� LANDSCAPE PLAN 4 SCALE: t•�20'•0' « S i , i i i • i �� , i i � i i � J � rPOWEfiLWEB I � 213.0' ------.._.._.._.._.-��-----°-°---°- � -----•- ----°----------_-•------••-_--------�_�._..---------�•-••---°---°-------°-•.-_-•.-••----° • -•-°-°-°-�--°--- -.._..-°----°------°-°----°-.._.._..-°-°----�-�-°------°-.._..-� _ _ _ . �-t--------------------------------------------------------------------------------. r�� I � � i � � I � i i � , �e�Mx � I� wiR coHDmowER I V I //--�n�j � � ..1 �ci�.8 T�tP.i i i � I, = 3 � i° � � � o U �, ; o 0 0 0 0 0 ; , ; , � � r-- -----�- --�-------- --f----------�------- ---- ----------------- i i � '^ . I / """ " _'_' WAT R I � � I VJ � ; � o U � � ' � � i � ► � � ' � � � t � � � � ENTF�tANCE C'� � � I ��T �R I � RIG T OF WAY � RIGHT OF WAY RIGHT OF WAY � I � � � DRIVEWAY ----------�----�--.._._._.__.._.L..-�-------�--�----�--��-�--��-�-- -------.._.._.._.._.._.._..--------------�-�---- � -----------------------------_____---______------------ - � - - � i 214.8' � t I 1 I � 1 ( � UTILITY SCHEDULE � � � i � --- PON/ERLINES ( I � � WP,TER �� I m ELECTRIC ' � . � j � NATUR/�L GA5 � I I � � ^- � t•�RT i �a,c�¢r�s � - i i � �It1 c � � . - ; � � arc i�tt � � �.---�-�---�-�---�-�-----�------�--�-�---�-�---�-�---�--�-��-�---�-----�-�---�-----�-�-----.._.._.._.._..----�---------�-�-----�--�-----------�-----�-----�-----------�--._.._..--�-�---. ._.._.._..-�-----�------�--�-�-----�--��-�-----��----�-----�--.___ �,,...� � . . � � . a . . , � � s ..--•--•—�--•--�--••----------••—�---------- � o.e.,o.o.r R.v��th MCKENZIE 5T12EET DEAD END �� .. UTIL ( TY PLAN � 3CALE: 1•.�-� s PRE-APPLICATION CONFERENCE C H E C K L I ST c�ty of Tigard Community Development SFia i A.Better Cammuni 1 . Applications should be received preferably, a minimum of one week prior to scheduling on the Pre-App calendar (with exceptions, as approved, by City Planners Mark Roberts, William D'Andrea or Julia Powell Hajduk). 2. The application is usually a plan (2 copies) and should contain the following information: � Name, address, and telephone number of the applicant and agent if applicable. � Site plan showing the proposed lot and/or building layout, drawn to scale. The location of the property in relation to the nearest street(s), location(s) of driveway(s) on the property and across the street are helpful in providing a more accurate assessment of issues. �� The proposed use(s). D. Tax Map(s) and Lot Number(s). �-�" E. Current owner of the property, if not the applicant. T�' F. Topographic information with contour lines if possible. �, NOTE: If the above criteria is addressed, then a pre-application conference can be scheduled within 1-2 weeks on a Tuesday or Thursday morning, between the hours of 9:00-11 :00, on a first come, first served basis. EFFECTIVE 7/1/96: $240.00 PRE-APPLICATION CONFERENCE FEE i:\curpin\patty\masters�preapp.chl 10/14/97 2:51 PM ��ioz��-Q17� / ��-n ��ss�s 6 f 5 �� f MOMENTUM�OTO�PCI'CLE.f /i4C. PHONE(503) 639-0740 FAX (503)639-1719 12700 SW PACIFIC HIGHWAY TIGARD, OR 97223 To: City of Tigard Re: pre-application checklist enclosed: two copies of site plan Proposed use: �� Momentum Motorcycles, Inc. has a primar fun � to sell used Japanese ��1�S ��Y�� street and off road motorcycles. Our current inventory is 16 motorcycles and our total inventory could be as high as 30 units but no more. During business hours some of ��v� the motorcycles are kept outside, on display, then indoors at night for security reasons. �.-�Q " This limits us to as much as 30 units. Other uses of this address is the repair and s . ��P of moto s and sales of parts and accessnries. j22(�`• l�� We would also like to be in the position of accepting automobiles as trade in on a motorcycle. This type of transaction happens occasionally and to legally be able to provide this service to our customer would require us to be licensed by DMV. Current inventory of autos is 0 and could be as high 3 autos. We are requesting the city grant us permission to sell used motorcv�les and a few used cars at this address. Current owners of the property are: James and Elizabeth Woodley 5150 NW valley view CT., Camas, WA 98607 phone: 360-834-9382. Momentum Motorcycles, Inc. holds a 3 year lease with the Woodley's to expire in March of the year 2000. A five year extension beyond that, with an option for Momentum Motorcycles to purchase the property. A topographic map was not available. Sincerely, � �.�,--�Z� � Jon Burtness President, Momentum Motorcycles, Inc. .; � 12700 SW Pacific Hwy. - � . � � �� 2.� P►�--__►_ _ s��.� s _ ., ----- ____.__ t � s�r�l C-- r ' ' = z.. (� " 215.0' � i � I µ-I � � `J •�-� -� o �, A / / ' � � � � � a b b ' � a � � - - - - - - - - - - - - EXIT EXIT MOMENTUM�OTD�PCf'CLE.f /iYC. PHONE (503) 639-0740 FAX (503)639-1719 12700 SW PACIFIC HIGHWAY TIGARD, OR 97223 To: City of Tigard Re: pre-application checklist enclosed: two copies of site plan Yroposed use: Momentum Motorcycles, Inc. has a primary function to sell used Japanese street and off road motorcycles. Our current inventory is 16 motorcycles and our total inventory could be as high as 30 units but no more. During business hours some of the motorcycles are kept outside, on display, then indoors at night for security reasons. This limits us to as much as 30 units. Other uses of this address is the repair and service of motorcycles and sales of parts and accessories. We would also like to be in the position of accepting automobiles as trade in on a motorcycle. This type of transaction happens occasionally and to legally be able to provide this service to our customer would require us to be licensed by DMV. Cunent inventory of autos is 0 and could be as high 3 autos. We are requesting the city grant us permission to sell used motorcycles and a few used cars at this address. Current owners of the property are: James and Elizabeth Woodley 5150 NW valley view CT., Camas, WA 98607 phone: 360-834-9382. Momentum Motorcycles, Inc. holds a 3 year lease with the Woodley's to expire in March of the year 2000. A five year extension beyond that, with an option for Momentum Motorcycles to purchase the property. A topographic map was not available. Sincerely, o� �U� Jon Burtness President, Momentum Motorcycles, Inc. _� 12700 SW Pacific Hwy. �. :� > � , : ; _�_�__ P_��__►_�9 S�� 5. S�nce, : � ' ' _ �. � " .; 215.0' � I � I F�--1 � , � a --� �, A / / ' � ~ � � � � b � � i a � � - - - - - - - - - - EXIT EXIT ;.;;;:.;:.;:.;:.;:.;:.;:.;:.;:.;:.:.:.. ::�:.::::.;:.;:.;:.;.::::: �1`@-/01}�pS ��:� ��'�11L�S� anuary : S M T W T F S 1 2 3 ':� '' 4 5 6 7 8 9 10 >: ' 11 12 13 14 15 16 17 ;: >: 18 19 20 21 22 23 24 ' ' 25 26 27 28 29 30 31 ::: Tuesday, January 27, 199� $:oo 8:30 _ _ __ _ __ _ _ _ ___ _ _ _ __ __ --- 9:00 Wifi D'Andrea - Momentum Matorcycles �2700 SW Pacific Hwy. Pre-app CUP 9:30 10:00 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 4:34PM Friday, January 23, 1998 � � c oFT��ARfl � �. PRE-APPLICATI�H COHFEREHCE HQTES .;1�prryuJ,�kt��mmu�� :. - - - --- - - ----• � ...��.,, NON-AESIDENTIAI � oA� � � z� � �I 8 ' � � sra� �n1� I l �,��-� :x . a��uca�r:_ .�� c�; "��i��T� �. S� as�xr: PAOne:[ l �� - ('�'� y�' Phoae: [ l PROPEATY IDCATION: AD�RESS: I Z^l C� C� � �,�/ �j�� l -�i c- TAl(MAP/TIU(LOT: _ ZS 1 ��{ -- V �i o ( NECfSSAAYAPPOCATIOM[Sl: CC� t�1�1`T�.O 1�,�L l��F VAT��4�C�E - `{�,,��F��- �PROPOSAI DESCRIPTIQ�- S t I � �b`t�-�c.�I C �.�E� ,a�ti�`1 ,��l � 5 , _ �� I CaMPREHE�lSIYE �P1A!!DESi61lAnON: _ �' �D I !IONIN6 OES16tiAT10N: (' [�,� � '�� C�TIIFH INYOLYEMEHT _ �� )��-{ EACIiJTATOR: �� Pl�ONE [5031 � -- - _ __ - r IN6 DISTRICT O1MEliSIONAI REqUIREMENTS?' 1�linimum lot size: l��'� sq. ft. Average lot width: �ft. I�taximum building height: g� ft. Setbacks Front � tt. Side NA ft. Rear��t. Corner�/� ft. from street. �taximum site coverage: � °�o Minimum fandscaped or natural vegetation area: /S °% [Reter to Code Sestion 18.�(�) - �DDIT10NA1 lOT�IME ONA1 REQUlREME1iTS� Minimum lot ntage: 25 feet un{ess lot is created through the minor land partition proc�ss. Lots created as part o partition must have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easeme Tne c�pth of all lots sha ot exceed 2�- times the average width, unless the parcef is less than 1� times ;he minimum lot size of applicable zoning disiric;. tReter tD Cade Section 18.164,060-la � ;fTY OF T16ARD Pre-�pplicatlea CaMereaca Notas Page 1 of 8 aN-t•�a.n��.�ue•a•un�uu��.urd.n s.en.. sp�cuu s�Bacxs � Streets: 'S� feet from the centeriine of _ ��C l t�C. 1-�V��/ . Established areas: feet from • Lower intensity zones: feet, along the site's boundary. � Flag lot: 10-foot side ya�d setbacfc. . tRet�r ta Cade S�ctloa and 18.961 SPfCWI BUILDI� E16HT PROYISIONS il in H � n - Buildings located in a non-residential zone may be built to a height of 75 feet provided ihat: % A maximum buildin o� area to site area ratio (FAR) of 1.5 to 1 will exist; : All actual building setback will be at least half(�) of the building's height: and : The structu�e will not abut a r idential zoned district. [Refer to Cade S�ctlon 18.98.020 ARi0N6 AIiD ACE� - - Required parking for this type of use: �J�1�ES:`��4 �� LiCr�� - D�� F ��e� Parking shown on preliminary plan(s): 2 2s. -t .� So '`' l�ss-�l��nJ 3 Secondary use required parking: Parking shown on preliminary plan(s): No more than �0'','0 of required spaces may be designated and/or dimensioned as compaci spaces. Parking Stalls shall be dimensioned as fo(lows: % Standard paricing space dimensions: 8 feet. 8 inches x 18 feet. : Compact paricing space dimensions: 8 feet x 15 feet. IRefer iu Cade Sectioa 18.�06.0201 Handicapped Parking: : A!I parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking�spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parfcing space symbol shall be painted on the parking space surtace and an apprcoriate sign shall be posted. Bicyc!e racics are required for multi-�amily, commercial and industrial developments. 6icycle racks shall be located in arzas protecied from automobile traffic and in convenient locations. Bicycle par4cing spaces shal) be provided on the basis of one space for every riiteen (15) required vehicular parking spaces. Minimum number of accesses: � Minimum access width: �`� G> � Minimum pavement width: Z�� All driveways and parking areas, except for some fleet storage parking areas, must be paved. Orive-in use queuing areas: [Reter tu Cade Secllon 18.106 and 18.108] �tTY OF T16ARD Pre-Appilcatloo Carderenca Motes Pa9e 2 of 8 ,�II-t.:t�au�,��rucawUna.ais��..u�..t satl•. �atxwaY sfQUi�� LValkways shali extend from the ground floor entrances or from the ground floor landing of sta�rs. ramps. or alevators of all commerciai, institutional, and industrial uses. to the sireets which provide the required access and egress. Walkways shali provide convenient connections between buiidings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be construc:ed between a new development and neighboring developments. [Re(e�to Cade Sec�on 18.108.0501 iOADIN6 AAFA RE [nlLl�1�l Every comme � I or industrial building in excess of 10.000 square feet shall be provided with a loading space. The space �and location shall be as approved by the City Engineer. (Relet to Code Stcnoa 18.106.D70-0901 �A VISIOM� The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. [Re(er to Cade Sactlon 18J02] aO�RIN6 AtiO S�REFMIN6 � In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent �evelopments, 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 occupied by a mixture of deciduous and evergreen trees and shn,bs and must also achiev� a balance between vertical and horizonta! plantings. Site obscuring screens or fences may also be required: these'a'te often advisable even if not required by the Code. The required buffer areas may nl� be occupied by vegetation, fences, utilities, and walkways. P.dditional information on required buffer area materials and sizes may be found in the Development Code. (Refer tn Cade Chapter 18.1001 The required buffer widths which are applicable to your proposal area are as follows: r 7 C feet along north boundary. � feet along east boundary. N� feet along south boundary. �/,L� feet along west boundary. In additien, sight obscuring screening is required along � ,�1� ��#S/-� �� .��C�/C�i�c� �}t��4S nscapiHs .. tre�s are required for all developments ironting on a public or private strest as well as driveways which are more than 100 feet in length. Sireet trees must be placed �ither within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Strest trees must have a minimum caliper of ta ieast two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 �eet apart depending on the branching width of the proposed tree species at maturity. Further intormation on regulations affecting street trees may be obtained from the Planning Division. A minimum of one (1) tree for every seven (�) parking spaces must be planted in and around all paricing areas in orcer to provide a vegetative canopy erfec;. Landscaped parking areas shall include speciat design features which effectively screen the parking Ivt areas from view. These design features may incfude the use of landscaped berms. decorative walls. and raised planters. For detailed informatian o� design requirements for parking areas and accesses. (Reter to Cade Chapters 18.100,18.106 and 18.1081 'T'f OF T16.7R0 Pr��pticatloo Caoteroaca Motas Page 3 at 8 i11-i.�t�..tl�l�qIlnG.unaui.t�..trt�•ns.en.. s�s� � Sig�t Rerrnits must be obtainec� �r to installation of any sign in the G,,, of Tigard. A "Guidelines for Sign Permits"�#�andout is available upon request. Additionai sign area or height beyand Code standards may be permitted if the;sign p�oposal is reviewed as part of a development review application. Altematively, a Sig� Code Exception�piication may be filed for review before the Heanngs Office�. t9ahr d Cad�S�dl�r ti.]14] The �ode provides regulabons for lands whict� are potentially unsuitable for development due to areag � within 100-year floodplain, natural drainageways, wetiand areas, on slopes in excess of 25 percent, or on unsiab ground. Staff wiil attempt to preliminary identify sensitive lands areas at the pre-application conference b sed on avaiiable informaaon. HOWEVER, the resoon_sibility to Dr i identify se� Chapter 18.84 also p vides reguladons for the use, protecction, or modfication of sensiWe lands areas. � �, �eter b GAO StcnN11�.84I STE�P S10P _ When p sbpes exist. prio�to issuance of a final o�der, a geotechnical repo�t must be submitted whicf� addresse e approval standards of the Tigard Community Development Code Section 18.84.040,8. The report shall based upon field expbration and investigation and shall include specific recommendation� fo�act�ieving th uirements of 18.84.040.B.2 and 18.84.040.B.3. OIIIRED S��NERA6E A6pICY BOF�B STANpAB9S�8 s A 96-d4 �g: .� �. Land evelopment adjacent to sensitive areas shall preserve and maintain or create a vegetated comdor for a b e�wide enough to protect the water quality functioning of the sensitive acea. The vegeta comdo� shall be a minimum of 25 feet wide, measured horiiontally, from the defined boundaries of e sensitive area, except where approval has been granted by the Agenry or City to reduce the width of a p 'on of ihe carridor. If approval is granted by the Agency or City to reduce the width of a portion of the veg ted corridor, tt�en the surface water in this area sha(1 be directed to an area of tha vegetated corridor th t is a minimum of 25 feet wide. The maximum allowable encroachment shall be 1 S `eet, except as allow 'n Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development o project site can be less than 25 feet in width. In any case, the average width o� the vegetated corridor sha( e a minimum of 25 feet. R ' �i n in V No structures, development, co truction activities, gardens, lawns, application of chemicafs, dumping of any materials of any kind. or oth r activities shall be permitted which otherwise detract from the wate� quality protection provided by the v tated corridor, except as atlowed below: : A gravel walkway or bike path, no exceeding 8 feet in width. If the walkway or bike path is paved, then the vegetated comdor must be 'dened by the width to the path. A paved or grave( walkway or bike path may not be constructed ciose than 10 feet from the boundary of the sensitive area, unles� approved by the Agency or Cit}r. Walkw s and bike paths shall be constructed so as to minimiz@ disturbance to existing vegetation; and % Water quality facilities may enctoach into th vegetated corridor a maximum of 10 feet with the approval of the Agency or City. iTY 0��D hf.�atlM Ga�(�s Nabs h�4 N i �6�ea�M/h��qarau�t s�ea.. �cahon of Ve,gei?rPCi �'c�rridor. In any residential development which creates muft�ple parcels or lots intended for separate ownersh�p. sucti ds a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a paR of any parcel to be used fo� the construc:ion of a dwelling unit. tReler to R a 0 96-44/USA Regulatlons-Chapter 3.Design to�SwM] TREF AEMOV lAN REQUIREME1iT'S A tree n for the planting, removal and protection of trees prepared by a certified arbonst shall be provided for any I , parcel o� combination of Iots or parcels for which a development application for a subdivision, major pa � ion, site development review, planned development or conditional use is Fled. Protection is preferred o r removal where possible. The tree pla shall inctude the following: � Identifi tion of the location, size and species of all existing trees including trees designated as significa by the City; % Identificati of a program to save exisiing trees or mitigate tre� removal over 12 inches in caliper. fl�itigation st follow the reptacement guidelines of Section 18.150.070.D. according to the following stan ards: � Retaina of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation rogram according to Section 18.150.070.D. of no net loss of trees; � Reta;nage from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of e trees to be removed be mitigated according to Section 18.150.070.D; = Retainage of fr m 50 to 75 percent of existing trees over 12 inches in calipe� requires that 54 percent of the tr s to be remove� be mitigated according to Section 18.150.07Q.D: _ = Retainage of 75 rcent or greater of existing trees over 12 inches in caliper requires no mitigation; % Identification of all trees whi h are proposed to be removed; and % � �rotection prog�am definin siandards and methods that will be used by the apolicant to protect trees dunng and afte�construc ' n. Trees removed within the period of on (1) year prior to a development application listed above will be inventoried as part of the tree plan above nd will be replaced according to Section 18.150.070.D. tReter to Cade Secdon i8.150.025] MIT16AT10 M Replacement of a tree shall take place accor 'ng to the following guidelines: % A replacement tree shall be a substantially imilar species considering site charact2ristics. � If a replacement tre� of the spec;es of the tre.. removed er damages is not reasonably avai(able, the Direc;or may allow replacement with a different pecies or equivalent natural resource value. % If a replacement tree of the size cut is not reason bly avaifable on the Iocal marlcet or would not be viable. the Director shall require replacement wi more than one tree in accordance with the `ollowing `ormula: % The number of replacement trees required shall be det rmined by dividing the estimated caliper size of the tree removed or damaged. by the caliper size of; e largest reasonabfy avaiiable reolac�ment tre�s. ff this number of trees cannot be viabiy located the subject prooerty, the Director may require one (1) or more replacerrzent tre�s to be planted n other propery within tne city, eithe� public property or, with the consent of the owner, pnvate prop rty. :fiY OF T16MD Pre-dAplicatlen Coatereaca Moux Pa�e 5 0(3 �o�.�u�aa�..rueaa..rn�,u.��.�.es.se t.en.■ . The plant�ng of a repl� _ment tree shail take place in a ma. ..er reasonably caiculated to allow growth to matunty. In lieu or tree replacement under Subsection D of this section, a party may, with the consent of the Oirecior, elect to compensate the Ciry for �ts cosis in performing such tree replacement. �teter t.Cade Sestloa 18.150.070[Dl � Si1601Y1S10M PU�MAME BESFAYATIOM Pnor to submitting a Subdivision land use application with the City of Tigard, applicant's are re�uired to complete and fil�e,a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approva servation for any subdivision name. Applications will not be accepted as complete until the City receive the faxed confirmation of approval from the County of the Subdivision Name Reservation. �� tCaunty Surveyors OAtca: -8884] Rant� he applicant shall submit a narrative which provides findings based on the applicable 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. tReter to Cade Sactlon 18.32] COOE SECTIOMS � _ 18.80 _ 18.92 ✓�18.100 -�18.108 _ 18.120 18.150 _ 18.84 18.96 f 18.102 18.114 r/18.130 18.160 _ 18.88 18.98 .118.106 18.116 �/ 18:134 18.162 _�18.164 PACT STUOY •— s a part of the application submittal requirements, applicants are required to in I impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shafl address, at a minimum, the transportatior system, including bikeways, the drainage system, the pa�ks system, the water system, the sewer system and the noise impacts of the development. For each public faciliry system and type of impact, the study shall propose improvements necessary to meet City standa�ds, 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 requirement, or provide evidence which supports the conclusion that the real prvperry dedication requir2ment is not roughly prcoorional to the projected impac:s of the development. (Reter to Code Chapter 18.32.Section.050] V�Jhen a condition of approval requires transfer to the public of an interest in real property, the aporova! authority shall adopt findings which support the conciusion that the interest in real property to be trans`erred is roughly proportional to the impact the proposed development will have on the public. (Re[er to Cade Chapier 18.32,Sectlon.2501 '�l6HBORHODD MEFTiNS ; Tne ao io can�snall notify all property owners within 250 feet and the appropriate CIT Facilitator ard th@ members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks be!ween the maiiing date ard ;he meetirg date is require�. Please review the Land Use Notification handout c�ncerning s�te pos;ing and the meeting notice. ti1 � ing is to be held �rior to submittinc�your aoolication er the ap,plicatien will not �e acce t�d [Refer tc the Meighhorfiood Meeting HandouU - :RY OF T16ARD Fro-�pilcatloo Caate�enca Metes Paqe 6 ef 3 +OIH�s��tlal n�llatl�a!}1s��1��/�rud��tS�etl�■ U1lDIN6 PEAMi'fS Plans u�iding and other related perm�ts w�ll not be accepted for review until a land use app�oval has been issued. Final inspeciion approvals by the Bu�iding Oiv�sion w�il not be granted unt�l there �s compliance with all conditions of development approval. .-__---- cYCUNS � ppficant shouid contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. tRetet to Cade Sectlon 18.t161 ADORIONAL COMCERNS OR COMMENTS: �`'; ��;r 2 F�;-r- �k-c �s �� ;'tG 1� �c� c>� c'�� 4��V-�� ,ti.,�r'�� oF T�� i 1 �C' U S 51� ,4 i I Tz,E --ro S c>B/�'i 1 T ,4 C�,N D!71v✓��1� 1�S E_ -��;�J��-r�ani w�7,�-��d✓ �� d,a �.s ��,�i/ 2�sv�T �� F/I/��-i2C,�NJErt/�T f 20c�EZ�/N �S S� . GG C.�S.SG,�lF � �S _ !�'7�.0 US�S; � � �� 'r.C7 J V 'ROCfDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. � Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional puolic nearing shall be held by the City Council. �PPl1CAT10N SllBMtTTAI PROCESS \ ----- -- Atl applications mus� be accepted by a Planning Division staff member of the Community Developmen� Department at Tigard City Hall ofices. PLEASE NOTE: ARplications submitted by mail or drooped off at the counter without Planning Division acce8tance may be returned A�r�lications will NOT be acceoted after 3:00 P M on Frida,Xs or 4•30 on other week d�s Maas submitted with an a��lication shall be folded IN ADVANCE to 8 5 by 11 inches One 1 8�:" x 11" mao of a or000sed Rroject should be submitted for attachment to the staff repO�t Or administrative decision Ag�lication with unfolded maps shall not be acce� :1TY Of T16AR0 Pte-Aopllcatlon Coatettiaca N�tes Page 7 ot 8 3IH�:I��tl�1�nlle�ti��/Ma�aiq/��Ra��t t�ctl�� The Planning Oiv�s�on and Engi�. ,rtng Oivis�on wiil pertorm a prelimino., rev�ew of the application and wdl determine whe!har an application is complete within 30 days of the counter submittai. Staff will notify the applicant �f adCitional informat�on or additional copies of the subm�tted mater�als are requi�ed. The adm�n�strative decision o� public hearing wilt rypically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Div�sion. �pplications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Wntten recommendations from the Planning staff are issued seven (7) days p�ior to the public hearing. A 10, to 20 day public ap eal eriod follows all land use decisions. An appeal on this matter would be heard by the Tigard L 1 . A basic flow chart which illustrates the review process ig available from t e Planning Division upon request. Th�s pre-application conference and the notes of the conference are intended to inform the prospective applicant of the p�imary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospeciive applicant to discuss the opportunities and consiraints affecting development of the site. PIFASF NOTF: _ The caafertaca and natos cannot cover all Code reauiromerns and aspects af good site planaiag Wat should apohl to me de+reiopmeai ot your s�te plan. failuro ot me staA to provide irtfonaadoa�equired hY me Cade shall not canstlt�te a waiv�r of the appticable staadards or requiromeats. R u recammeaded mat a pros�ec�ve applicaat aitl�o�obtain and re9d the Co�amnaitY Deyelopment Cade o�asfc any quesiions ot Criy siaA relative ta Code ropuiromeots prior v wbmittlag an applicatlaa .� An Additional pre-application fee and conference will be required if an application pertaining to thig pre-application conference is submitted after a period of more than six (6) months following thi� conference (unless deemed as unnecessary by the Planning Division�. PRf PARED BY: �1��_`' ; i ; ��: r �� . ' �� ; �� l C1TY Of T16ARD PtANNIN6 DfVlS10N PHONE t5031639-�111 FAX: t503)684-1297 �:u��nu.m�a�u•nun•.r��u �11��ny S�ctl�t a�u�ttUn��Fe.��l :�-11�t-4T :.tTY Of T16AAD Pre-A�pllcatlon Caatere�ca Motas Page 3 ot i 'IIH�sI/ntlu»a11atl��/T1aatl��NprsqtS�ctl�� CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST ClTY OF TIOARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sneet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further exptanation of these items or call the City of Tigard Planning Division at (503? 639-4171. Staff: W p Date: I Z l� APPLICATION & REL�TED DOCUtiIENT(S) SUBMITTAL REQt,�IRE,�vtENTS INCLUDE ,/ MARKED ITEMS A) Application form (1 copy} B) Owner's signature/written authorization � C� Title transfer instrumendor grant deed � D) Applicant's statement � E) Filing Fee No. of Copies �Z� � I��S' SITE-SPECIFIC ��tAP(S)/PLAN(Si SU6MITTAL REQUIRE.'v1ENTS INCLUDE ,/ MARKED ITEMS A) Site Information showin : No. of Copies � 1. Vicinity map �, 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10°�0) � 4. Drainage patterns, courses, and ponds � 5. Locations of naturai hazard areas including: � (a) Floodplain areas ° (b) Slopes in excess of 25% ° (c) Unstable ground ° (d) Areas with high seasonal water table � (e) Areas with severe soil erosion potential � (� Areas having severely weak foundation soils � 6. Location of resource areas as shown on the Comprehensive � ��tap Inventory including: (a) Wildlife habitats ° (b) Wetlands ° 7. Other site features: � (a) Rock outcroppings o (b) Trees with 6" + caliper measured 4 feet from ground level ❑ 8. Location of existing structures and their uses � 9. Location and type oF on and off-site noise sources � 10. Location of existing utilities and easements �' 1 1. Location of existing dedicated right-of-ways � L��IO L'SE 11PP�IUTION J LIST PAGE t Of i B) Site Develoament Plan Indicating: No. of Copies z� 1. The proposed site and surrounding properties � 2. Contour (ine intervals � 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties d (b) Proposed streets or other public way5 & easements on the site a (c) Alternative routes of dead end or proposed streets that require future extension � 4. The location and dimension of: (a) Entrances and exits on the site � (b) Parking and circulation areas � (c) loading and services area � (d) Pedestrian and bicycle circulation � (e) Outdoor common areas � (� Above ground utilities � S. The location, dimensions & setback distances of all: (a) Existing permanent stru�tures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site � (b) Proposed structures, improvements, utilities and easements on the site o 6. Storm drainage facilities and analysis of downstream conditions [�' 7. Sanitary sewer facilities � 8. The location areas to be landscaped � 9. The location and type of outdoor lighting considering crime prevention techniques � 10. The location of mailboxes � 1 1. The location of all structures and their orientation � 12. Existing or proposed sewer reimbursement agreements ❑ C� Gradin Plan I dicatin : No. of Copies The site develop�ent plan shal) include a grading plan at the same scale as the site analysis'�drawings and shall contain the following information: 1 . The location a extent to which grading will take place indicating: (a) General co tour lines o (b) Slope ratios o (c) Soil stabilizat n proposal(s) � (d) Approximate ti e of year for the proposed site development o 2. A statement from a re istered engineer supported by data factual substantiating: (a) Subsurface explora 'on and geotechnical engineering report ❑ (b) The validity of sanit sewer and storm drainage service proposals o (c) That all problems will e mitigated and how they will be mitigated ❑ LAND USE APPIIGTION I LIST PnGE 2 OF 5 \ ' ' � � D) Architectural Dra� :s Indicatin�: No. of Copies �_ - The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landsca e Plan Indicatin : Na. of Copies � The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable ❑ 2. Location and height of Fences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ 4• location, type, size and species of existing and proposed plant materials [�° 5. Landscape narrative which also addresses: (a) Soil conditions � (b) Erosion control measures that will be used ❑ � Si n Drawin s• 0 Sign rawings shall be submitted in accordance with Chapter 18.114 of the�' ode as part of the Site Development Review or prior to obtaining a Suild�ng Permit to construct a sign. \ G) Traffic Generation Estimate: o H) Preliminarv Partition/Lot Line Adiustment Map Indicating: No. of Copies \ 1. The owner�of the subject parcel o 2. The owner's authorized agent � 3. The map scal (20,50,100 or 200 feet=1) inch north arrow and date o 4. Description o arcel location and boundaries ❑ 5. Location, width and names of streets, easements and other public ways within an adjacent to the parcel � 6. Location of all pe manent buildings on and within 25 feet of all property lines � 7. Location and width f all water courses � 8. Location of any tree within 6" or greater caliper at 4 feet above ground leve) o 9. All slopes greater than 25°0 0 10. Location of existing uti �ties and utility easements ❑ i 1. For major land partition hich creates a public street: (a) The proposed right f-way location and width ❑ (b) A sca(ed cross-sectio of the proposed street plus any reserve strip o i 2. Any applicable deed restri ions � 13. Evidence that land partition ill not precfude efficient future land division where applicable � UNO USE APP�IGITION J LIST P.�Gc'3 Of 5 ' ' 'I) Subdivi�ion Prelimi y Plat Maa and Data IndicatinQ: .�o. of Copies 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phas per sheet ❑ 2. The roposed name of the subdivision o 3. Vicini y map showing property's relationship to arterial and collec or streets ❑ 4. Names addresses and telephone numbers of the owner, developer, engine , surveyer and designer (as applicable) ❑ 5. Date of pplication � 6. Bounda lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining arcels of un-subdivided land o 8. Contour li es related to a City-established benchmark at 2-foot intervals for 0-10% rades greater than 10% ❑ 9. The purpos , location, type and size of all the following (within and adjacent to e proposed subdivision): (a) Public nd private right-of-ways and easements ❑ (b) Public nd private sanitary and storm sewer lines ❑ (c) Domest water mains including fire hydrants o (d) Major p wer telephone transmission lines (50,000 volts or greater) ❑ (e) Watercou ses ❑ (� Deed rese ations for parks, open spaces, pathways and other land encum rances ❑ 10. Approximate plan nd profiles of proposed sanitary and storm sewers with grades and pi sizes indicated on the plans ❑ 1 1 . Plan of the propose water distribution system, showing pipe sizes and the location of valves and fire hydrants o 12. Approximate centerlin profiles showing the finished grade of al) streets including street extensi ns for a reasonable distance beyond the limits of the proposed subdivisi ❑ 13. Scaled cross sections of roposed street right-of-way(s) ❑ 14. The location of all areas ubject to inundation or 5torm water overflow a 15. Location, width & directi n of flow of all water courses & drainage-ways ❑ 16. The proposed lot configu ations, approximate Iot dimensions and lot numbers. Where lots re to be used for purposes other than residential, it shall be indi ated upon such lots. ❑ 17. The location of all trees wi h a diameter 6 inches or greater measured at 4 feet above ground level, d the location of proposed tree plantings ❑ 18. The existing uses of the pro rty, including the location of all structures and the present uses of the st uctures, and a statement of which structures are to remain after platting ❑ 19. Supplemental information inclu ing: (a) Proposed deed restrictions 'f any) ❑ (b) Proof of property ownership o (c) A proposed plan for provision of subdivision improvements ❑ 20. Existing natural features including rock tcroppings, wetlands & marsh areas ❑ 21 . If any of the foreooing information ca not practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application p UNO USE APPLIGTION/1t57 PAGE;OF i J) Solar Acces Calculations: ❑ � K) Other Info�mation No. of Copies o h:Vogin�patty�rnastenUcici ist.mst ��av:3.1995 L�NO USE APPIIG�TION J LIST P.�GE S OF S � March 22, 1999 ',,,,,�;; - cmr oF n�� James & Elizabeth Woodley OREGON 5150 NW valley Court Camas, WA 98607 RE: CUP 98-0003/Momentum Motorcycles Dear John and Elizabeth: I have reviewed your letter dated 3/12/99 and landscape plan. The landscape plan was required as a condition of approval by the Hearings Officer's final order for the above referenced conditional use permit. This letter is to inform you that your plan is approved. You state in your letter that the existing tall trees adequately screen the property and that adding trees in this area would not provide any screening effect. However, the intent of this condition was only partly screening-related. The condition was also intended to bring the site into compliance with the minimum landscape coverage requirement of the underlying zoning district. You also asked the City to re-evaluate the requirement to remove asphalt and install landscaping in the area adjacent to the existing tall trees. However, the City has no discretion in this matter. The Hearings Officer's decision is final unless an appeal is filed prior to the appeal deadline of the Hearing's Officer's decision. The appeal deadline for Conditional Use Permit (CUP) 98-0003 ended on March 10, 1999 as stated in the Final Order. As provided by the condition of approval, the landscaping must be installed within 30 calendar days of the date of this letter approving your plan. Please call me at 503-639-4171 x315 to schedule a site inspection on or before April 21, 1999. Sincerely Mark J. Roberts Associate Planner i:\cu rpin\maric\cu p\cup98-03.let.doc c: CUP 98-0003 Land use file 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 �� James & Elizabeth Woodley 5150 NW Valley Court � Camas, WA 98607 ' (360) 834-9382 City of Tigard March 12, 1999 Planning Division Attn: Mark Roberts 13125 SW Hall Blvd. Tigard, OR 97223 RE: Final Decision of Conditional Use Permit CUP 98-003 Momentum Motorcycles Submission of I,andscaping Plans Dear Mr. Roberts: We are submitting the landscaping plan as requested under section VI Conclusion and Decision, Item 4 on page 8 of the Hearings Officer Final Order. As we read this decision,we will have to remove approximately 650 square feet of asphalt for a planting area. This is shown on the attached drawing. We would, however,point out that on the North East corner of the property, there are very tall trees that adequately screen our property from the adjoining residential. We do not see that adding trees to this area would provide any screening affect. We would ask that this removal of asphalt, which will be expensive, be reevaluated. The landscaping plan is also attached as requested. Upon approval,we will make every effort to plant the trees as soon as possible,however, obtaining a contractor to remove asphalt may take more than 30 days. We are going out for bids now in order to speed up this timeline. Any reduction of asphalt that must be removed would be appreciated. We await approval of the submitted landscaping plans for us to complete this work. Thank you. Sincerely, L/� � . � ames R. Woodley Eliza eth F. Woodley , a. Condition of approval3 is hereby added to read as follows: 3. The applicant may store and display for sale not more than five � automobiles on the site at any one time. Automobiles for sale shall - be stored and displayed only in the portion of the site east of the building. Storage or display of automobiles for sale is prohibited along the Pacif'ic Highway frontage. Repair or maintenance of automobiles on the site is prohibited,except for minor vehicle maintenance,such as filling,changing or rotating tires, changing oil or filters, or replacing small parts such as light bulbs or antennas. Body work, painting or other major repairs are prohibited. b. Condition of approval4 is hereby added to read as follows: 4. The applicant shall provide additional landscaping on the site as follows: �A) Within thirty caiendar days after the effective date of this decision, the applicant shall submit to the City for review and approval a plan to landscape the north edge of the site. The plan shall show the following: (1) The applicant will remove pavement from at least the north 10 feet of the double-loaded parking bay in the northeast corner of the site and will prepare that strip for planting by adding soil and amendments as needed. (2) In the 10-foot wide strip required above and along the north edge of the site where the e�cisting landscape strip exceeds a width of three feet,the applicant will plant evergreen shrubs that are at least five feet high at planting and are spaced not more than 15 feet apart. The species of vegetation planted shall be capable of achieving a mature height of at least eight feet.STAFF CONTACT: Mazk J. Roberts, � (B) Within thirty calendar days after the effective date of the City decision approving the landscape plan required above, the applicant shall install the approved landscaped materials; previded, if it is ur►timely tc insiall the landscapir�g durir�g this time due to seasonal factors, the applicant may post a bond or other financial guarantee satisfactory to the City Attorney to ensure their timely installation within six months. (C) The applicant shall maintain the vegetation. The applicant shall replace with equivalent species and size material any plant that does not survive. D TED this 22nd da brua , 1999. Larry Eps n, I P Tigard He � �s )� iccr HearinRs O,(/icer Final Order CUP 98-0003 (Momentum Mo[orcycles) pa8e g � Z E' (1) The applicant will remove avement from at least the north J Q 10 feet of the doub e-oa e pa:. ng ay m e no east � Z corner of the site and will prep�,re tha[strip for plandng by adding soil and amendments as needed. REMa�/E �SPHA�'r. ^�650 �r z ��5� 215.0' - - - - - - - - - - - - - - - - - - �O (270o sw PAC-�a�c- Nwy. — i � �x . __ --, o U s � � �. ' U �. � d a � � � i � � �7' EXIT SITE PLAN �L • Z � (2) In the 10-foot wide s�required above:tnd alone the J � north edQe o the site w e�the existing?andscane strip � �y f three feet,the applica�it will lp ant evergreen shrubs that are at east five feet.hieh at plantinQ and are sgaced not more than 15 feet aaarc. The species of vegetation planted shall be capable of achieving a mature height of at least eight feet.STAFF COI�TACT: Mark J. Roberts. 5+ EvEnc�2o� I�r�Rv�Tr� rR�"s Ex�sr�NC� ,20' SP�GE17 NoT Mae� T!-1�v�N IS� APPd�T Af�60RVITAE TR�3 215.0' ' - - - - - - - - - - - � 0 - ' �, - - Q -.� �- � - a Q I 270o S�/ P�ac,I Ft L N W Y - - . - � � �x -----, � _ � � � , � w � I � f � `� � � �J � � � � � EXIT EXIT SITE PLAN � . ;��,; , CITY OF TIGARD April 21, 1999 OREGON James & Elizabeth Woodley 5150 NW valley Court Camas, WA 98607 RE: CUP 98-0003/Momentum Motorcycles Dear John and Elizabeth: In response to John's phone call on April 19, 1999, I have visited the Momentum Motorcycles site to inspect the landscaping required by condition of approval #4. This letter is to inform you that the landscaping installation is consistent with your previously approved plan. Condition of approval 4(A) and 4(Bl are therefore, fully satisfied. Please note that condition of approval 4(C) requires continued maintenance of the vegetation and replacement of plants as necessary. If you have any questions regarding this information, please feel free to call me at 503-639-4171 x315. Sincerely, � Mark J. Roberts Associate Planner i:\curpin\marklcup\cu p98-03.1et3.doc c: CUP 98-0003 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772