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MMD2007-00004 MMD2007 00004 REFUGE AT FANNO CREEK • City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, JR 97223 11111 • • February 6, 2007 Peter Kusyk T I GAR D Spectrum Development P.O. Box 3440 Wilsonville, OR 97070 RE: Refuge at Fanno Creek, Modification Request, Case File No. MMD2007-00004 Dear Mr. Kusyk: This letter is in response to your request for a Minor Modification (MNID2007-00004) of the approved site development plan (SDR2005-00002) located at 10225 SW North Dakota Street, WCTM 1S135BC, Tax Lot 1200. You have requested to eliminate a secondary emergency access that crosses the railroad right-of-way along the site's eastern boundary. This access is not required by the Tigard Development Code 18.705.030. Access requirements for multi-family developments are based on the number of proposed units. For commercial developments the requirements are based on number of parking spaces. The previously approved mixed-use development has nine condominium units and 20,000 square feet of office space with 90 parking spaces;therefore only one access is required. No changes are proposed that would affect this requirement. Staff has discussed the change with the Tualatin Valley Fire District and confirmed that the secondary access is not necessary-to meet the Fire Code requirements. Analysis of Modification Request Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The approved development includes a mix of commercial and residential uses with nine condominium units. This application makes no changes to that mix. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. No change is proposed to the types of dwelling units. This criterion is not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. This application only proposes removal of an emergency access. Additional on-site parking is not required for this change. Parking will remain the same as approved during the Site Development Review. This criterion is not applicable. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the buildings is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to the buildings approved through the Site Development Review. This standard is not applicable. Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Two accessways to the site were proposed in the original application (the main entrance and an emergency vehicle access). The emergency access was to be gated and only accessible by emergency vehicles. Use of this access would be rare and it is not required to meet code standards. Traffic generation for the site is an estimated 250 to 340 average daily trips. These would be using the main entry point even if the emergency access were to remain. Off-site traffic will not be affected by this minor modification. This standard is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This modification will not generate additional vehicle trips to and from the site. Therefore, this criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No changes in floor area are proposed with this application;therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The original decision notes that 3,208 square feet of usable outdoor recreation space is provided (562 square feet of usable, common open space is provided south of Building #5 and each residential unit has a patio which averages 294 square feet). No reductions are proposed to these open space areas. This standard is met. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. A large portion of the 8.34 acre site is encumbered by sensitive lands. The approved landscaping comprised approximately 74% of the site. With the elimination of the emergency access, another 928 square feet is added to the open space. No reduction of project amenities is proposed. This criterion is met. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved under SDR 2005-00002. The original decision was appealed to the Hearing's Officer and Staff has reviewed the Final Order. Removal of the emergency access has no effect on the conditions imposed at the time of Site Development Review nor is the applicant requesting a modification to those conditions. This request is determined to be a minor modification to an existing site. The Directors designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local,state,and federal laws. _ � 4- i, ..�? ,� ''��. ;�Fd r b`a �S �r A.; 5 '� s c� t i `5 9 i 0 X r d! r t ..".. � ....� �' K�e.bS_r � , •. +tea` r.. . 4... J x. .,. { ✓- y',. dc7 t: If you need additional information or have any questions, please T feel free to call me at (503) 639-4171 ext. 2437. Sincerely, Cheryl Caines Assistant Planner Page 2 of 2 CITY of TIGARD I,- GEOGRAPHIC INFORMATION SYSTEM . millikk VICINITY MAP MMD2007-00004 REFUGE AT ,_ c) ciNp D s i►�1r \ '��\.il.k_ s liaT .2 ne , q- A imb, Ati_wal WINDS° Ea a mil... .z. _ WIND OR PL as 11111 r� .,.„.:, I MEM weal X1111111 F1 a•;r1 . . iir , ° rit gJ 4111,. 111 I ■ ■ Tigard Area Map l Lu ST •- .• • A �' N ow 1 in a- —� 0 100 200 300 400 500 Feet 7 I I 1'=388 feet ii. iir.8.1 Er. IN : .- PRI�' . TIGARD' \ i- should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)AI http://w AcCis igard.or.US Community Development Plot date:Feb 6,2007;C:lmagic\MAGIC03.APR . .,,.._...,.-_-_,,_....4_.\ \ , mow. + z \•. .•÷,. 8 • ' �z t ___ -- - �— \-_._(.. .\ i e \,\ \ , 1r ' ‘\ , I S. 6 1 '‘.4 ,! %A \ , , p'-' -.E 1 I I 34mb ---71 .... -- 7,i, \ . . . I N-.. ' '. A ) a , \ ,,, , ........., _. , , ,, ,„ ., , , , ‘,. , . .,., A "II 1 . ` , . § ! iii \______,-- O \ \\ \ J \ rn rn ■Aso 9�. I °.\` \ ` \ ,;4, \ 1 —�:� - : :;. .._. \ ; ' ,sa*.s • — , -- — —t z el CD > 1 x \ S f, ' g$111 riF11,11:11 -2 1 .7ni 13 1 4111 0, P hi. If, 411 1,.gr ° — Xi s. iliN F v > ph c is 4I 1 1 assa ji I i I cam fiYJ_:T All I PLAN �N.��I�G1L— Or9W.1.I..R I.Yi� nosr aes--- I I I REFUGE AT FANNO.CREEK Sid r.n.4a..vm 6 . Minor Modification MAILING RECORDS IT! AFFIDAVIT OF MAILING I,Patricia L. Lunsforrl,being first duly sworn/affirm,on oath depose and say that I am a Senior Administrative Specialist for the City of Tigani, Washington County, Oregon and that I served the following: {Check Appmpia a Box(s)Below) © NOTICE OF DECISION FOR MMD2007-00004/REFUGE AT FANNO CREEK (File No/Name Reference) 0 AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on February 6,2007,and deposited in the United States Mail on February 6,2007,postage prepaid. / iliP A .f�. naL VP (Person .t -p..,. No Ur STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of ,2091. NOTARY PUBLIC OF OREGON My Commission Expires: EXHIBIT A Cityhof Tigard, Oregon 13125 SW Hall Blvd. • Tigai JR 97223 • !IN" • February 6, 2007 Peter Kusyk TIGARD Spectrum Development P.O. Box 3440 Wilsonville, OR 97070 RE: Refuge at Fanno Creek, Modification Request, Case File No. MMD2007-00004 Dear Mr. Kusyk: This letter is in response to your request for a Minor Modification (MIVID2007-00004) of the approved site development plan (SDR2005-00002) located at 10225 SW North Dakota Street, WCTM 1S135BC, Tax Lot 1200. You have requested to eliminate a secondary emergency access that crosses the railroad right-of-way along the site's eastern boundary. This access is not required by the Tigard Development Code 18.705.030. Access requirements for multi-family developments are based on the number of proposed units. For commercial developments the requirements are based on number of parking spaces. The previously approved mixed-use development has nine condominium units and 20,000 square feet of office space with 90 parking spaces;therefore only one access is required. No changes are proposed that would affect this requirement. Staff has discussed the change with the Tualatin Valley Fire District and confirmed that the secondary access is not necessary to meet the Fire Code requirements. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The approved development includes a mix of commercial and residential uses with nine condominium units. This application makes no changes to that mix. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. No change is proposed to the types of dwelling units. This criterion is not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. This application only proposes removal of an emergency access. Additional on-site parking is not required for this change. Parking will remain the same as approved during the Site Development Review. This criterion is not applicable. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the buildings is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to the buildings approved through the Site Development Review. This standard is not applicable. Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 •• r 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Two accessways to the site were proposed in the original application (the main entrance and an emergency vehicle access). The emergency access was to be gated and only accessible by emergency vehicles. Use of this access would be rare and it is not required to meet code standards. Traffic generation for the site is an estimated 250 to 340 average daily trips. These would be using the main entry point even if the emergency access were to remain. Off-site traffic will not be affected by this minor modification. This standard is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This modification will not generate additional vehicle trips to and from the site. Therefore, this criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No changes in floor area are proposed with this application; therefore this standard is met. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The original decision notes that 3,208 square feet of usable outdoor recreation space is provided (562 square feet of usable, common open space is provided south of Building #5 and each residential unit has a patio which averages 294 square feet). No reductions are proposed to these open space areas. This standard is met. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. A large portion of the 8.34 acre site is encumbered by sensitive lands. The approved landscaping comprised approximately 74% of the site. With the elimination of the emergency access, another 928 square feet is added to the open space. No reduction of project amenities is proposed. This criterion is met. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved under SDR 2005-00002. The original decision was appealed to the Hearing's Officer and Staff has reviewed the Final Order. Removal of the emergency access has no effect on the conditions imposed at the time of Site Development Review nor is the applicant requesting a modification to those conditions. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local, state,and federal laws. This request for Minor Modification approval is hereby granted. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2437. Sincerely, 611441(' 61-1'nbj. Cheryl Gaines Assistant Planner Page 2 of 2 mil IT_ m CITY of TIGARD 1.1 ,■ ._ _. GEOGRAPHIC INFORMATION SYSTEM "44 VICINITY MAP MMD2007-00004 REFUGE AT IFANNO CREEK Pli ,..1 limilir , o„: __ w 1111111k S. iliptcO WPL O`C o „ 011 "7111 1 lappiimp- ,,a. . . . : 41 • ■ -■ ■ MN Tigard Area Map ST 1 Mr w NORTH DAKOT• ' •' �9 111, 7 Sa 000 200 300 400 500 Feet El .11 IIII iI _� 1"=388 feet# 44 IN,' NO kil 1 ... • . TIGARD r a / Information on this map is for general location only and �I s a ehould be verified with the Development Services Division. 73125 SW Hall Blvd Tigard,OR 97223 e- (503)639-4171 MINK hitp:pwww.ci.6gard.or.us Community Development Plot date: Feb 6,2007;C:Imagic\MAGIC03.APR , \ \i , ..# 4 ' • A• \ \ 4 , \ - \ , N ,# ,,, s _0 \ Ict, \ .:..\,,, ::----_---- i \ , a �i .. 1i g _' 1 , \ -- •� C)il. i, - ',A ' )=.- a \ 1 Ma ....._., �s.� t 1..E...- , ,\ \ ,i \6 c> ` ` : \ _,-- _ �` O \ „.\\g .4\i Ito ,•..... , ...Q -- 3\ \ LI , \ , rn Aso 6(' % `'\`,, ii;\ \ _s \ i — „ \ 1 o 15 ' g ; . iti _. 6"gt1 taAll 11 ,11 BC tl s�� a 2y 111 11 ilii ; 6, ? >?, i I PARY SPN AT FAO Minor Modification enmwu . EXHIBIT... MBM Holding Company LLC 659 NW Pacific Grove Dr. MMD2007-00004 Beaverton, OR 97006 REFUGE AT FANNO CREEK Spectrum Development Attn: Peter Kusyk PO Box 3440 Wilsonville,OR 97070 MBM Holding Company LLC PO Box 120 Newberg, OR 97132-0120 eu ',re-4'2.Z /J /u 1"A f l� b 1S135BC-01200 ' l/ MBM HOLDING COMPANY LLC �/" /( 7 o 7 659 NW PACIFIC GROVE DR BEAVERTON,OR 97006 APPLICANT MATERIALS r P1111-APR FlffiD BY: CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW'Hal IP4VL, Tin OR 97223 [ [ 6 .11: I) Phone: 503.639.4171 Fax 503.598.1960 He [ 1.4 h p..2007-oW,,`/I Other Case# �Dit ZNIo S eh,cle 2 Date �/ A 7 By i . 719 Receipt# ?.' -oa23-2- Fee 'FS-6 2'(9 Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use(III) El Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) El Historic Overlay(II or III) Site Development Review(II)-/WINOR el/4 EMQM0 M 2- F„pi,/°Roaig:.rJ P"4. ❑ Home Occupation(II) ❑ Subdivision(II or III) SpR?0e,�'40�"1J LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) L pa oQ,,''. / 02. .3 5 w NUIT H 17d,a7d TAX MAPS&TAX LOT LOST. -- — 1 S / 3 5,f3c Tok/leT /yvo TOTAL SITE SIZE ZONING CLASSIFICATION T. 3319cX s /4 I(f--- 'I.ICANT' MAILING DRESS/CITY/STATE/ZIP of 3V V o Gallsdivoite a 1.7070 PHONE NO. FAX NO. 5d1-5 7o-Sg,' 3 a3�. )e)—go? f PRIMARY CONTACT PERSON . PHONE NO. P r1-1z 1(46-y& 5-63 --3-7 - F''2s, PROPERTY OWNER/DEED HOLDER(Attach list if more than one) 11)3F WGLOINGC6 P.�N 1/ LL: MAILIN ADDRESS/CITY/STATE/ZIP Po //X 1 / iVeabegyJ a2 17132-1)/2 — "PHONE NO. FAX NO. 6-o3 - 7q/-/5 2_ *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) /4 I Alt?A. f y4('e.t Tip a or alhzoi/ J) swi-8, ,'boon iT R-bNs, j Rgfa'E l i'RL-",,u 7 Atee ss/ acPoss Ra(1I 4t, kW-of-n/47. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc Gtr ter crlra p 37 70.2040!-"-•1 5rra: tFiUt nL IttE APPLICANT MALL CERTIFY THAT: a . �•�♦ If the application is gtanted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • AU the above statements and the statement in the plot plan,attachments,and exhibits transmitted herewith,are true;andtithe applicants so acknowledge that any permit issued,based on this application,map be tcvoked if it is found that any such state-Mentz axe false. • The applicant has read the enure contents of the application,including the policies and cute ia,and understands the regirirctnents for approving or denying the application(s). SIGNATURES OF gAcaOWNER OF THE SUBJECT PROPERTY ARE REQUIRED. %12 , 1 ;Ir L, 1. OwxteeA S iatiYk� Date Lill Owner's Signature Date i Owner's Signature - Date Owner's Signature Date • Owner's Signature Date Appli nt/Agent/R.eprescn e a Signature Date Applicant/Agent/Representative's Signature Date • ±r• t: Z•d O6E'ON ONI MN S3NOH NODH3H Ndb6:t 2.002•6I•Ndf INI CITY OF TIGARD 1/GL/LVV l • 13125 SW Hall Blvd. 12:37:16PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000000252 Date: 01/22/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2007-00004 [LANDUS]Minor Modification 100-0000-438000 490.00 MMD2007-00004 [LRPF]LR Planning Surcharge 100-0000-438050 72.00 Line Item Total: $562.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check BEACON HOMES NORTHWEST KJP 1237 In Person 562.00 INC. Payment Total: $562.00 cReceipt.rpt Page 1 of 1 5f15FA Design Group, ILL TRANSMITTAL MEMO STRUCTURAL I CIVIL I LAND USE PLANNING 9020 SW Washington Square Dr.•Suite 350•Portland,Oregon 97223 PHONE(503)641-8311 FAX(503)503.643.7905 Date: January 19, 2007 Job No: 128-002 Attention: Planning Department From: Ben Altman RE: Application for Minor CC: Modification—Refuge @ Fanno Creek(SDR2005- 0004-2r cl000g, Fax#: Pages: 1, plus attachments WE ARE SENDING YOU: ❑Urgent ® For Review EPlease Comment EPlease Reply ®As Requested EPlease Recycle REMARKS Here are 3copies of our submittal for a Minor Modification to the approved development plans for the Refuge @ Fanno Creek. If you have any questions, please call me. Thank you. Copy To: File Signed: ✓� � ^���"�`�'`� LAND USE REVIEW APPLICATION Refuge at Fanno Creek TYPE I,MINOR MODIFICATION OF APPROVED SITE DEVELOPMENT PLANS (SDR2005-00012) January 15,2007 APPLICANT: Spectrum Development Contact: Peter Kysyk PO Box 3440 Wilsonville, OR 97070 503-570-8828 PLANNING/ENGINEERING: SFA Design Group,LLC 9020 SW Washington Square Drive, Suite 350 Portland, OR 97223 Contacts: Matt Sprague or Ben Altman Ph.503-641-8311 Fax 503-643-7905 PROJECT DESCRIPTION The Refuge at Fanno Creek is a mixed-use development consisting of: 1. Two commercial building containing a total of 26,000 sq. ft; and 2. Three residential condominium buildings containing a total of 9 units. The project is located at 10225 SW North Dakota Street, Tax Lot 1200, Map 1S1 35BC. The site contains 8.33 aces, and is zoned MUE2. This application is for a Minor Modification to the approved site development plans for the Refuge at Fanno Creek(SDR2005-00012). The modification consists of removal of the Emergency Access,which crosses the railroad right-of-way abutting the eastern edge of the property. Primary access to the site is currently, as approved, and will remain, with removal of the emergency access, from SW North Dakota Street. The reason for this modification is that this alternative access is not required to meet emergency access standards. This access is not required by any applicable code standard. Therefore it is an unnecessary expense and is proposed to be eliminated. 18.360.050 Major Modification(s) to Approved Plans or Existing Development A. Determination request. An applicant may request approval of a modification to an approved plan or existing development by: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection B below. B. Evaluation Criteria. The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; 2. A change in the ration of number of different types of dwelling units; 3. A change that requires additional on-site parking in accordance with Chapter 18.765; 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; 5. An increase I the height of the building(s) by more than 20%; 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; 8. An increase in the floor area proposed for nonresidential use by more than 1-% excluding expansions under 5,000 square feet; 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more then 10%; Minor Modification to Approved 2 Site Development Plan—SDR 2005-00012 10. A reduction of project amenities below the minimum established by this code or ■ by more than 10%where specified in the site plan; a. Recreational facilities; b. Screening; and/or c. Landscaping. 11. A modification to the conditions imposed at the time of site development review which are not the subject of B1 through 10 above of this subsection. RESPONSE The requested minor modification only affects the emergency access, which was designed to extend from about the middle east edge of the property to the east to Tax Lot 1201, 1S1 35BC, and out to Cascade Blvd. The elimination of this emergency access does not alter any of the other approved site conditions, such as building area, parking, landscaping,primary access and circulation. The change does not affect the approved number of buildings, use of the buildings, or building height. This change does not affect the approved number of on-site parking spaces, and there is no net change in site generated vehicular traffic volumes or off-site traffic impacts, as all site generated traffic will continue to utilize North Dakota Street for access and egress. The Conditions of Approval imposed at the time of development plan approval are also not affected by this modification. This modification only eliminates the emergency access, which is not required to serve the site, and the development plan otherwise remains in tact as approved. The site plan, as approved, and with or without the emergency access, provides for: • 3 condo units/bldg X 3 buildings=9 units; • 2 2-story commercial office buildings @ 13,000 square feet each; • Total impervious building area of 5 buildings=22,860 square feet; • Total impervious parking,access and walks= 73,257 square feet; and I • 86 standard parking spaces,4 handicap stalls, and 2 guest bicycle spaces. a b 1 However, one net change that will result from removal of the emergency access is an increase in open space and a decrease in resource impacts. Removal of the access will increase on-site open space by 928 square feet. There will also be a net reduction of 2,065 square feet of construction impacts within the wetland resource buffer areas. Specifically related to Sections 18.360.B.6. & 7., we emphasize that the emergency access was designed as a gated access point, accessible only to emergency vehicles. The primary vehicular access for the development, as approved, is from SE North Dakota Street. The project was approved based on generation of an estimated 250 to 340 average daily trips. Removal of the emergency access will not alter this site related trip generation of off-site traffic. All project generated traffic enters or exits the site via the private drive connected to North Dakota Street. This primary access drive is not affected by the requested minor modification. Minor Modification to Approved 3 Site Development Plan—SDR 2005-00012 The development will be addressed off of SW North Dakota Street. The requested modification will not change this addressing. Because the primary access and addressing is from North Dakota Street, it would be a rare event that the emergency access might actually be used. Use of this emergency access would likely only ever occur if there were a significant blockage on North Dakota Street preventing access to the site, with such blockage happening to occur simultaneously with an on-site emergency. The chances of such events occurring simultaneously would be such a limited probability that we conclude there is essentially no net negative impact of removing the access. The buildings, as approved, are designed with fire sprinklers, so removal of the emergency access will not significantly reduce emergency response capability. Therefore this request does not constitute a major modification. 18.360.60 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360/050 shall be considered a minor modification. B. Process. Same as 18.360.050.A... C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. RESPONSE As addressed above,this requested development plan modification does not constitute a major modification as it does not meet any of the evaluation criteria set forth in Section 18.360.050.A. Therefore this change qualifies as a minor modification. This narrative addresses the approval criteria and demonstrates that the development,with the requested modification, remains in compliance with all applicable requirements of the development code, as originally approved. The subject emergency access was proposed, as a limited use alternative. But it is not required to meet basic code requirements, nor was it attached as a Condition of Approval to satisfy specific findings of need. Therefore removal of this access does not affect any applicable approval criteria, and does not substantially alter the basic facts upon which the development plan approval was granted. The development otherwise remains consistent with the original site development approval, as complying with applicable code standards. Therefore approval should be granted. Minor Modification to Approved 4 Site Development Plan—SDR 2005-00012 C 1\-C \ At . 7--\ , \ _ is. ,., , 0 1. ,,, ,,1,1H., mG 1 \ ....„ I A` q• 18.50 t Citi \ 1 \ .i \ % \ I `\ - \� segP414 AC;\ \ \ \ % A\ \ .-- ...----....._,... ' ` �\:4c .. **- \ \ C ' ---, 41Pt.);\ A ,,* -4% , % \ \ \ ' \ .#, 144.,, ..,..\\ \ 0 \, ; '..-Nsit 4\- % I I di \ o `\ P.),....r.a n \ 1 ■ ■\ L__ (/*/4.` \ ,\-: : 1 1 \ u 0 \\ \ r#1140,.4omll 7m,u.m.eI \ 1 \. zy 8 ?billOrmarli i * \ '' gli 4 v — 0 , \ E I I 1 / '; -, ‘:\ \ I x A - 4 )=:ai t N., r•A 1 13, \16\t, S.: / . ( 1 \ P\ \ 11 0 \ \9\0:, \CA \ \ I 1) rnumunip h. 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REFUGE AT FANNO CREEK SCAT F f■f!0' p:15 0 71 641-8711 I:(Sm1643-7905 6 WA As Originally Approved sl.designgroupcom 1212/LATGW4] ADDITIONAL DOCUMENTS MEMORANDUM TIGARD TO: Refuge at Fanno Creek SDR2005-00002 FROM: Cheryl Caines RE: Correction to MMD2007-00004 and Memo to the file dated 1/4/07 DA'Z'E: 2/12/07 This memo is to correct the square footage of office space stated in the minor modification approved 2/6/07 for Refuge at Fanno Creek (MMD2007-00004). The correct square footage is 26,000 square feet as originally approved through Site Development Review (SDR2005-00002). The minor modification request was to close a secondary emergency access. No change to square footage was requested; Staff erroneously typed in the wrong amount. In addition a memo to the file dated 1/4/07 stated that the emergency access was from SW North Dakota Street. The access is actually from Cascade Boulevard. This still does not mean a major modification is needed to remove the secondary access because the primary access meets Fire Code standards and the secondary access is not necessary. As stated in the Minor Modification, off-site traffic is not being affected by this change. MEMORANDUM TIGARD TO: Refuge at Fanno Creek SDR2005-00002 FROM: Cheryl Caines (?AU RE: Removal of proposed emergency access DATE: 1/4/07 This memo is to document a phone conversation with Gary Firestone, city attorney, regarding the removal of a proposed secondary, emergency vehicle access for the Refuge at Fanno Creek development. The applicant has proposed removal of the emergency vehicle access. The question then arose as to whether removal would constitute a minor or major modification to the approved plan. Gary and I discussed the criteria of major modifications focusing on 18.360.050.B.6, a change in access ways. If off-site traffic is affected, then a major modification is required. Gary stated that the removal of the proposed access could be a minor modification because the emergency vehicle access is not likely to be used frequently. Both access points are along the same street (SW North Dakota) and therefore removal would not direct the emergency vehicles to another street or neighborhood for access.