MMD2000-00012 MMD2000 00012
WASHINGTON
SQUARE
LES SCHWAB
•■
June 7, 2000
ASV
Dave Kelley
CITY OF TIGARD
WPH Architecture
513 NW 13' Avenue OREGON
Portland, OR 97209
RE: Minor Modification to existing approved site plan for SDR 93-0002
(MMD 2000-00012)
Dear Mr. Kelley:
This letter is in response to your request for Minor Modification approval to modify the existing
approved site plan at 9385 SW Greenburg Road. The proposal is to modify the approved site
plan by relocating the required sidewalk on to the Les Schwab property; moving the detention
pond 5 feet to the north, adjusting the parking area slightly and adjusting the landscaping
accordingly. The information utilized in reviewing this modification was provided in the letter dated
May 12, 2000 and the plans provided with the same date.
Staff received a letter from Macerich Company, which represents the owners of Washington
Square, indicating they do not consent to any improvements necessary to construct the
development. It is staffs understanding that the requested modification is in response to this
issue. By placing all of the required improvements on the Les Schwab property instead of on the
Washington Square property, the improvements will be able to be constructed regardless of
agreement status between Les Schwab and Washington Square. As long as all necessary
improvements can be constructed on private Les Schwab property, staff has no choice but to
allow the modification to occur and construction to proceed. The applicant has submitted all
required submittal materials, including a deed to show ownership, site plans, filing fee and has
responded to the specific approval criteria as will be discussed below.
The property received Site Development Review approval in 1993 (SDR 93-00025). This property
is zoned General Commercial (C-G). The Tigard Community Development Code Site
Development Review Section states that if the requested modification meets any of the major
modification criteria, the request shall be reviewed as a new Site Development Review
application.
Section 18.360.050.B states that the Director shall determine that a major modification(s) will
result if one (1 ) or more of the following changes are proposed:
1. An increase in dwelling unit density, or lot coverage for residential development.
The proposal does not include the addition of any dwelling units.
2. A change in the ratio or number of different types of dwelling units. This criterion is
not applicable as this request does not involve the addition of residential dwelling units,
as previously indicated.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Page 1 of 3
3. A change that requires additional on-site parking in accordance with Chapter
18.765. The proposal does not involve an addition to the structure. In addition, it
includes the removal of 5 parking spaces to accommodate additional landscape areas
required due to the sidewalk being placed on-site. A prior modification was approved
that reduced the parking by 15 spaces. This results in a reduction of 20 spaces from the
original. However, because only 72 stalls are required, this reduction is acceptable.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. No change in the structure of the building is proposed.
5. An increase in the height of the building(s) by more than 20 percent. No change in
the height of any building is proposed.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. The accessway is not proposed to be relocated as a part of
this minor modification, therefore, this standard is met.
7. An increase in vehicular traffic to and from the site, and the increase can be
expected to exceed 100 vehicles per day. The proposed modification will not result in
an increase in vehicular traffic to or from the site.
8. An increase in the floor area proposed for a non-residential use by more than 10
percent excluding expansions under 5,000 square feet. No increase in floor area is
proposed. In fact, the proposal will result in a reduction in square footage.
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 than 10 percent. There is no area
reserved for common open space, therefore, this standard does not apply.
10. A reduction of project amenities (Recreational facilities; Screening; and/or,
Landscaping provisions) below the minimum established by this code or by more
than 10 percent where specified in the site plan. By locating the sidewallk on-site, the
landscape percentage is reduced. The applicant also had to make some adjustments to
accommodate the detention pond. As a result, the applicant reduced the parking spaces
and adjusted the parking layout slightly to provide additional landscaping to maintain
over 17% landscaping. This exceeds the City requirement of 15%. Because the
landscaping has changed, staff will need to have a new landscape plan that includes the
areas to be added prior to final approval of the modification. This must be submitted
before building permits are issued.
11. A modification to the conditions imposed at the time of Site Development Review
approval which are not the subject of B. 1 through 10 above. The proposal will not
violate any conditions imposed at the time of the Site Development Review. The
modification will, in fact, allow for the conditions to be fully met by providing for the
required pedestrian walkway on-site.
Page 2 of 3
This request is determined to be a minor modification to an existing site. The Director's designee
has determined that the proposed minor modification will promote the general welfare of the City
and will not be significantly detrimental, nor injurious to surrounding properties provided that
development which occurs after this decision complies with all applicable local, state, and federal
laws.
CONDITIONS OF MINOR MODIFICATION APPROVAL
1. Submit a final landscape plan that includes the additional and revised landscape areas.
This letter will be placed in the Land Use file and is considered part of the approved plan. Any
further modifications to the approved plan must be reviewed and approved as well. If you need
additional information or have any questions, please feel free to call me at (503) 639-4171.
Of course, prior to final inspection and issuance of building permits, all conditions must be met
and site improvements installed.
Sincerely,
rhAe
ulia Powell Hajdu
Associate Planner
i:\curplan\julia\minmod\Les Schwab2.doc
c: 2000 Planning correspondence file -
SDR 93-00025 Land Use file
MMD2000-00012 file
Page 3 of 3
MINOR MODIFICATION
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
PRE-APP. HELD WITH:
Julia Hajduk
DATE OF PRE-APP.: April 10, 2000
Property Address/Location(s): 9835 SW Greenburq Rd
Tigard, OR 97223 Oh7 /oi_b
Tax Map &Tax Lot#(s): 1s_1 26C T,nt Nn s 300 R 500
FOR STAFF USE ONLY •
Site Size: 2. 38 ar.
Property Owner/Deed Holder(s)*: SFP-R Li mi fed Partnership
•
Address: PO Box 667 Phone: 541 -41 6-5266
City: Prineville, OR Zip: 97754 Case No.(s):
Applicant*: WPH Architecture, Inc. Other Case No.(s):
Address: 513 NW 1 31-h Avenue Phone: 503-827_0505
City: Portland, OR Zip: 97209 Receipt No.: t``� :^� `
When the owner and the applicant are different people, the applicant Application Accepted By: c .
must be the purchaser of record or a lessee in possession with written Date: { -
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. Date Determined To Be Complete:
PROPOSAL SUMMARY
The co:.Tiers of record of the subject property request permission for a Comp Plan/Zone Designation:
Minor Modification. To review a modification as a Minor
Modification, the Director must first find that the expansion does not
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification CIT Area:
•
•
exceeds the maximum allowed under any one or more of the
following criteria, a Major Modification review is required. Major Recording Date and Number:
Modifications are processed in the same manner as a new Site
Development Review. In a separate letter, please address the
criteria below contained in Section 18.360.050(B) including a detailed Rev217100 iAcurpin\mastersUninormod.nst
response to each criteria.
I. An Increase in dwelling unit density or lot coverage for residential development.
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter 18.165. REQUIRED SUBMITTAL ELEMENTS
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.
5. An increase in the height of the building(s)by more than 20'/x.
6. A change in the type and location of accessways and parking areas where off-site traffic would be affected.
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehides per day. ✓ Application Elements Submitted:
8. An increase in the floor area proposed for a non-residential use by more than 10'/%exduding expansions under
5.000 square feet. g7Application Form
9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space Owner's Signature/Written Authorization
area below the minimum required by this code or reduces the open space area by more than ten percent.
10. A reduction of project amenities (recreational facilities. screening, and/or, landscaping provisions) below the Title Transfer Instrument or Deed
minimum established by this code or by more than 10%where specified in the site plan. Ej/Site Development Plan (3 copies)
I I. A modification to the conditions imposed at the time of Site Development Review approval that are not the
subject of Criteria I through 10 above. ,_" Site/Plot Plan (reduced 8'/2"x 11")
In addition, the Director must find that the proposed change complies L7 Applicant's Statement
with the underlying standards of the applicable zoning district. To (Addressing Criteria Under Section 18.360.050(B)
complete this review, the Applicant's proposal must include a
discussion Indicating how the site expansion will continue to comply ;fl Filing Fe�$100.00
with the minimum setback, building height, parking land landscaping - - J
standards. Other applicable requirements such as minimum Clear
Vision areas near driveways and street intersections may also be
applicable depending on where the building expansion is proposed to
be constructed on the site.
1
•
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
C
DATED this � day ofC---)47 G2-y , # 060
NksaiL-0.-0,-----•
-Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
2
04/07/00 FRI 08:42 FAX 541 416 5133 CONST-EMPL SVCS Ij001
i ' s 1f H
Ire S SC WEB
LES SCHWAB TIRE CENTERS OF OREGON, INC.
dba LS CONSTRUCTION CO.
P.O. Box 667
646 North Madras Highway
Prineville, Oregon 97754
(541)416-5162
TELEFAX TRANSMITTAL
DATE: April 6, 2000
TO: Julia Haiduk c/o City of Tigard
TELEFAX NO.: 503-684-7297
PHONE: TELEFAX NO. (541)416-5133 LES SCHWAB TIRES
TOTAL NUMBER OF PAGES INCLUDING THIS SHEET: 2
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS
POSSIBLE: (541)416-5162
NAME: Art Young
THANK YOU.
COMMENTS:
Dear Julia,
In preparation of our meeting on Monday April 10, 2000 to discuss ourproposed Les Schwab
Tire Center at 09385 SW Greenburg Road we would like to address the following issues.
1. The sidewalk along Access Road No. 4. This is designed to be built on private property
which is not a part of this site. Also, who has iurisdiction of the sidewalk on Greenburg
Rd., the city or county.
2. Drainage issues if a sidewalk must be built on this site.
3. The number ofparking stalls which may be reduced because of added on site drainage
detention.
04/07/00 FRI 08:43 FAX 541 416 5133 CONST-EMPL SVCS Q002
4. Moving the location of the proposed building loft. to the North for better traffic
circ ation a• .ar ', . • •em-nt if the draina!e area must be evised.
Please contact me if you have any questions or comments. We have asked Kyle Bertelsen
of WPH Architecture to attend the meeting and he is also available to answer any questions. We
will be at your office Monday April 10 @ 1:30.
Thank you for your assistance.
APR-12-00 10:04AM FROM-WPH ARCHITF "RE INC 503-827-0506 T-862 P 01/02 F-249
WPH ARChITECTURE
MEETING NOTES
Dore April 12, 2000
4.,Luhun City of Tigard
Dore April 10, 2000
Profecr. Los Schwab Tire Centers—Washington Square Les Schwab
ProLecr Number: 99113
G\99113 Les Schwan Tires■100 General 104 Meeting Notes\cot 00 04 12 mm.aoc
Prescnr. Larry McMicheal, An Young, Da, Cy-,priver. Christine Gregorak
Farrel, Les Schwab Tire Center� Julia Bob PosKing, City of Tigard;
Greg Close, WISCC, Kyle Sertelsn,wP Architecture
Dianboon: All attendants, Dave Kelley, WPH Architecture
S.bm■tied by Kyle Bertelsen
The above referenced meeting was held on April 10, 2000 to review site
revisions for the permitted Washington Square Tire Center.
The following issues were discussed.
01.01 The permitted location of the sidewalk along Access Road #4 is actually on the
adjacent property and the owner is not interested in providing easements_
Moving the sidewalK to the extreme south side of Les Schwab's property
would be in conflict with me Planning Approval Conditions that require the
existing trees stay.
01.02 It was suggested that sidewalK be moved to the north side of the swale and
use a culvert to cross the swale. The building may have to be moved to the
north to provide area for the sidewalk
01.03 These revisions will be submitted as a Minor Modification to the existing
permitted plans
01 04 The proposed revisions must comply with the 15% landscape area
requirement
01.05 Bob Poskin requested that calculations be submitted verifying that the
proposed culvert does not act as a bottleneck to impede the flow of water
through the swale.
01.06 Revisions for a minimum 25' turning radius will also be submitted as part of the
Minor Modification.
01.07 WPH will contact Brian Reggar at the City of Tigard to confirm the width of the
drive aisle and substituting the raised curb median for graphic or textured
divider that would not be damaged by trucks. This revision will also be
submitted as part of the Minor Modification
513 NW 1371-1 AVENUE 300 PORTLAND OREGON 91209 TE. 503 827 0505 FM 503 827 0506
APR-12-00 10:04AM PROM-WPH ARCHITr" INC 503-827-0506 T-862 P 02/02 F-249
MEETING NOTES
Page 2
01.08 Les Schwab must begin construction by August 18, 2000 or the permit will
expire.
01.09 After the Minor Modification is submitted and approved, WPH will submit the
revisions to the permit set as an addendum.
01.10 Two sets of the addendum will be required and the review fee will be on an
hourly basis_
END OF MEETING NOTES
These minutes represent tree true and official nature of this meeting
ana will stand as written unless questioned and amended in writing within two weeks of Above date.
RECD .APR 2 7 2000
Macerich Company
"We Make Good Things Happen"
April 24,2000
Jim Hendryx, Planning Director
City of Tigard
13125 SW Hall Boulevard
Tigard,Oregon 97223
Re: Proposed Les Schwab Tire Center Adjacent to Washington Square Shopping
Center,Tigard,Oregon
Dear Mr. Hendryx:
This letter concerns SFP-B Limited Partnership dba Les Schwab Tire Center's ("Les
Schwab")proposed construction of a Les Schwab Tire Center on a parcel of vacant land adjacent
to the Washington Square Shopping Center,which shopping center is owned by PPR Washington
Square, LLC ("Washington Square"). Recently, Les Schwab requested that Washington Square
enter into a license agreement which would allow Les Schwab to construct certain street
improvements, including curb, gutter, and a sidewalk within the property owned by Washington
Square. Washington Square was unable to agree to the proposed license agreement since Les
Schwab's proposed use, the retail sale of tires, batteries and accessories, is not allowable under
the express terms of the Construction, Operation and Reciprocal Easement Agreement dated
April 25, 1972 ("REA"), which controls both the Washington Square Shopping Center and the
parcel owned by Les Schwab.
We have advised Les Schwab that until such time as the other parties to the REA (Sears,
Roebuck & Co. and The May Department Stores Company) agree to the proposed use, we will
not consider whether or not we will provide our consent to the proposed use, nor will we execute
the license agreement. In light of the requirements of the REA and the fact that a license
agreement has not been granted whereby Les Schwab could make the required street
improvements necessary for the construction of its tire store, Washington Square hereby advises
the City of Tigard that it does not consent to the construction of the proposed Les Schwab Tire
Center.
Should you have any questions or comments regarding this matter please do not hesitate
to give me a call directly. Thank you for your time and consideration.
Very truly , .r s,
//,
��A. amin
Vice President
Senior Real Estate Counsel
CAC:msa.
cc: Mr.Jack Reardon,General Manager Washington Square Shopping Center
Robert Poskin,Senior Plans Examiner,City of Tigard
Julia Hajduk,Associate Planner,City of Tigard
Corporate Offices
401 Wilshire Boulevard • Suite 700 • Santa Monica, California 90401
Mailing Address: P.O. Box 2172 • Santa Monica, California 90407-2172
Telephone 310.394.6000 • 800.421.7237 • Facsimile 310.395.2791
www.macerich.com NYSE: MAC
05/10/00 08: 19 ''503 684 7297 CITY OF TIGARD ZZ001
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TRANSMISSION OK
TX/RX NO. 6334
CONNECTION TEL 503 827 0506
CONNECTION ID
START TIME 05/10 08:18
USAGE TIME 00'45
PAGES 1
RESULT OK
RECD APR 2 7 2000
A Maverick Com y
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Post-it°Fax Note 7671 Date 7 11:74ee11'' f
April 2,
To y\_Ve /I_Jl� From TU/'g ,4 )Id(/lc
Jim Hendryx,Planning Director CoJDeot. Co. �-_
City of Tigard Phone# Phone++ �2
13125 SW Hall Boulevard Fax„ 432-x/7/
Tigard, Oregon 97223
�. 7-'0506 Fax x
Re: Proposed Les Schwab Tire Center Adjacent to Washington Square Shopping
Center,Tigard,Oregon
Dear Mr. Hendryx:
This letter concerns SFP-B Limited Partnership dba Les Schwab Tire Centers ("Les
Schwab") proposed construction of a Les Schwab Tire Center on a parcel of vacant land adjacent
to the Washington Square Shopping Center, which shopping center is owned by PPR Washington
Square, LLC ("Washington Square"). Recently, Les Schwab requested that Washington Square
enter into a license agreement which would allow Les Schwab to construct certain street
improvements, including curb, gutter, and a sidewalk within the property owned by Washington
Square. Washington Square was unable to agree to the proposed license agreement since Les
Schwab's proposed use, the retail sale of tires, batteries and accessories, is not allowable under
the express terms of the Construction, Operation and Reciprocal Easement Agreement dated
April 25, 1972 ("REA"), which controls both the Washington Square Shopping Center and the
parcel owned by Les Schwab.
We have advised Les Schwab that until such time as the other parties to the REA (Sears,
Roebuck & Co. and The May Department Stores Company) agree to the proposed use, we will
not consider whether or not we will provide our consent to the proposed use, nor will we execute
the license agreement. In light of the requirements of the REA and the fact that a license
agreement has not been granted whereby Les Schwab could make the required street
improvements necessary for the construction of its tire store, Washington Square hereby advises
the City of Tigard that it does not consent to the construction of the proposed Les Schwab Tire
Center.
Should you have any questions or comments regarding this matter please do not hesitate
to give me a call directly. Thank you for your time and consideration.
WPH ARCHITECTURE pc
May 12, 2000
Ms. Julia Hayduk
City of Tigard Planning department
13125 SW Hall Blvd
Tigard, Oregon 97223
Re: Minor Modification Application for Les Schwab Tire Center
Dear Julia:
We are submitting the attached revisions to the approved site plans as we discussed during our
meeting with you on April 10, 2000. We are submitting these revisions as a Minor Modification in
accordance with Chapter 18.360 of the Tigard Development Code. The following revisions have
been made on the attached site plans:
1. The sidewalk parallel to Access Road #4 has been moved onto the Les Schwab property.
2. The sidewalk relocation caused the detention pond to move North by 5 feet.
3. The total amount of landscaping provided is more than 17% of the site, which exceeds the
15% minimum.
4. The turning radiuses in the parking area were modified to be a minimum of 25' radius for fire
vehicles and tire delivery trucks.
5. The previous site plan indicated 124 parking spaces, which has been decreased to 119
spaces in this site plan submission. This reduction is acceptable, , as per WPH's prior
conversation with Julia
6. The width of the site entry remains the same as approved earlier, as per WPH's prior
conversation with Julia.
Attached Plans:A101 Architectural Site Plan (both sizes 30"x42" and 8 1/2"x11")
C101 Civil Site Plan (size 30"x42)
L101 Civil Landscape Plan (size 30"x42)
None of the revisions that we are proposing meet the criteria for a Major Modification as
described in Chapter 18.360.050 part B. The following items address each of the eleven criteria
set forth in Chapter 18.360.050 part B:
1. An increase in dwelling unit density of lot coverage for residential development. The
proposal does not involve any residential development, therefore, this standard does not
apply.
2. A change in the ratio of number of different types of dwelling units. The proposal does
not involve any residential development, therefore, this standard does not apply.
3. A change that requires additional on-site parking in accordance with Chapter 18.106.
The required parking for the approved use is 72 stalls. The provided parking is 119 stalls.
This criteria is satisfied.
513 NW 13TH AVENUE 300 PORTLAND OREGON 97209 TEL 503 827 0505 FAX 503 827 0506
Page 2
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. No change is proposed. Therefore,this criteria is not applicable.
5. An increase in height of the building(s) by more than 20%. No change is proposed.
Therefore, this criteria is not applicable.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. No change is proposed.Therefore, this criteria is not applicable.
7. An Increase in vehicular traffic to and from the site and the increase can be expected
to exceed 20 vehicles per day. No change is proposed. Therefore, this criteria is not
applicable.
8. An increase in the floor area proposed for a non-residential use by more than ten
percent excluding expansion under 5,000 square feet. No change is proposed.
Therefore, this criteria is not applicable.
9. A reduction in the area reserved for common open space and/or usable open space
that reduces the open space below the minimum required by this code or reduces the
open space area by more than 10%. There is no area reserved for common space
therefore, this standard does not apply.
10. A reduction of project amenities (recreation facilities, screening; and/or, landscaping
provisions) below the minimum established by this code or by more than 10%where
specified in the site plan. The total landscaping area exceeds 17%, which is more than the
15% City requirement.
11. A modification to the conditions imposed at the time of Site Development Review
approval that are not subject the subject of criteria(B).1 through 10 above. As the
proposed site plan indicates, these minor revisions do not modify any conditions of the Site
Development Review.
If there is any additional information that would assist in your review of this modification, please
contact us.
Sincerely,
Dave Kelley
WPH Architecture pc
G:\99113 Les Schwab Tires\100 General\108 Agency Corresp\cot 00 05 12 mem.doc
WARRANTY DEED-STATUTORY FORM
✓ Individual/Corporate
Escrow Number: 1226138
?® Langly Properties, LLC, a Washington limited liability company
Grantor, conveys and warrants to
8P SFP-B Limited Partnership, an Oregon limited partnership
\ Grantee, the following described real property free of encumbrances except as
" specifically set forth herein situated in Washington County, Oregon:
See Attached Legal Description Exhibit. "A".
WASHINGTON COUNTY
REAL PROPERTY PR.OfVSF�RQ q1
/ FEE PAID pATE
t
The above described property is free from encumbrances except
THOSE SHOWN ON EXHIBIT "B" ATTACHED
r� HERETO AND MADE A PART HEREOF.
The true and actual consideration for this conveyance is $ 2,080,000.00
.,n
Dated this 71 day of October, 1999 ; if this deed is given by a corporate grantor, its name is signed by its
U authorized officers by authority of the Board of Directors.
Z
Langly properties, LI '
v7 ��'
Z ,Z,, THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY B
� DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF Y�
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE /
,�, SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
Ef ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK
WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930. ,j
STATE OF OREGON,County of STATE OF OREGON,County of I(.�
Personally aooear Personally appearedAl L (t
OFFICIAL SEAL •
OTHERESA M.KILMER
` NOTARY PUBLIC-OREGON who, being duly sworn, each for himself and not one for the other, did say that
COMMISSION NOUL 25, 1 the former is the /, pres-&- the-ftatter is-the secretary of-
MY COMMISSION EXPIRES JUL 25,2000 /UE}'4iK1W
cf L ct,i4 i
and acknowledged the foregoing
and that this instrument was signed on behalf of the corporation, by authority of
instrument to be voluntary act and deed. its board of directors and is acknowledged to be its voluntary act and deed.
Before me: October l 999 Before me: 1C, /)
Notar;Public for Oregon Notary Public for Oregon
My commission expires: My commission expires: 2/'v_S/o G
After recording return to:
STATE OF OREGON.
SFP-B Limited Partnership County of
P.O. Box 667 I certify that the within instru-
Prineville, Oregon 97754 ment was received for record on the
day of ,19
at o'clock_M., and recorded in
book/reel/volume No. ,on
Until a change is requested all tax statements page or as fee/file instrument/
shall be sent to the following address.
microfilm/reception No.______
SFP-B Limited Partnership Records of Deeds of said county.
P.O. Box 667 Witness my hand and seal of
Prineville, Oregon 97754 County affixed.
NAME TITLE.
BY Deputy
Form No.500-Computer 2
EXHIBIT "A"
DESCRIPTION:
PARCEL I:
A tract of land being that tract of land conveyed to Fringe Land Ore. Ltd., by
deed recorded September 19, 1974, in Book 993, Page 387, Washington County Deed
Records and a portion of that tract of land referred to as Parcel II and conveyed
to Fringe Land Ore. Ltd., by deed recorded December 23, 1976, in Book 1133, Page
878, said Deed Records, located in the Southwest quarter of Section 26, Township
1 South, Range 1 West, of the Willamette Meridian and located in the City of
Tigard, County of Washington and State of Oregon, said parcel described
specifically as follows:
Beginning at a point which bears South 64°25'10" East, 268.82 feet and South
01 °30'00" West 594.73 feet from the most Northeasterly corner of that tract of
land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page
196, said Deed Records; thence from said point of beginning, South 88°05'00"
East, 287.71 feet to the West right-of-way line of SW Greenburg Road as conveyed
to Washington County by Dedication Deed recorded, July 2, 1979, in Document
Number 79-25766, said Deed Records, said West right-of-way line being 42.00 feet
from the center line thereof, measured perpendicular thereto; thence South
00°57'11" West, parallel with and 42.00 feet from the center line of SW Greenburg
Road, measured perpendicular thereto, 126.99 feet to an angle point in the West
right-of-way line of SW Greenburg Road; thence South 12°08'42" West, along the
West right-of-way line of SW Greenburg Road, non-parallel with the center line
thereof, 50.85 feet to a point which is F1.00 feet from the center line thereof,
measured perpendicular thereto, said point being an angle point in the West
right-of-way line of SW Greenburg Road; thence South 11°03'10" West, along the
West right-of-way line of SW Greenburg Road, non-parallel with the center line
thereto, 10.71 feet to a point of non-tangent curvature; thence leaving the West
right-of-way line of SW Greenburg Road, along the arc of a 146.00 foot radius
curve, concave Westerly, the central angle of which is 02°47'58", the long chord
of which bears South 29°39'01" West 7.13 feet, an arc distance of 7.13 feet to a
point of compound curvature; thence along the arc of a 46.00 foot radius curve,
concave Northwesterly, the central angle of which is 60°00'00", the long chord of
which bears South 61 °03'00" West, 46.00 feet, an arc distance of 48.17 feet to a
point of tangency; thence North 88°57'00" West 232.99 feet; thence North
01 °03'00" East, 221 .05 feet to the point of beginning.
EXCEPT that portion conveyed to the City of Tigard by Dedication Deed recorded
August 14, 1996, Document No. 96072858.
PARCEL II:
A tract of land a portion of which was conveyed to Gordon R. Martin by Deed
recorded, December 30, 1969 in Book 767, Page 459, Washington County Deed Records
and a portion of which was conveyed to Winmar-Pacific, Inc., by Deed recorded May
1, 1970, in Book 778, Page 860, said Deed Records, located in the Southwest
quarter of Section 26, Township 1 South, Range 1 West of the Willamette Meridian
and located in the City of Tigard, County of Washington and State of Oregon, said
3
tract described specifically as follows:
Beginning at a point which bears South 64°25'10" East, 268.82 feet and South
01 °03'00" West, 449.53 feet from the most Northeasterly corner of that tract of
land conveyed to D. W. Creary by Deed recorded, November 5, 1995, in Book 576,
Page 196, said Deed Records; thence, from said point of beginning, South
88°05'00" East, 287.46 feet to the West right-of-way line of Southwest Greenburg
Road as conveyed to Washington County by Dedication Deed recorded, July 2, 1979
in Document Number 79-25766, said Deed Records, said West right-of-way line being
42.00 feet from the center line thereof, measured perpendicular thereto; thence,
South 00°57'11" West, along said West right-of-way line, 145.20 feet; thence,
leaving said West right-of-way line, North 88°05'00" West, 287.71 feet; thence
North 01 °03'00" East, 145.20 feet to the point of beginning.
EXCEPT that portion conveyed to the City of Tigard by Dedication Deed recorded
August 14, 1996, Document Number 96072858.
LI
EXHIBIT B
EXCEPTIONS TO TITLE
Regulations , including the power to acquire rights of ways and easements , and to
levy assessments of the Unified Sewerage Agency.
Regulations , including the power to acquire rights of ways and easements , of the
Tualatin Valley Water District.
Construction. Operation and Reciprocal Easement Agreement. including the terms
and provisions thereof.
Dated : March 25, 1972
Recorded : May 865 1972
Page : 1255
Affects additional property.
The above document was amended by instrument,
Recorded : July 19, 1973
Page : 284
•
Second Amendment,
Dated : November 1, 1987
Recorded : February 20, 1990
Recorder's Fee No : 90-08131
Requests for Notice thereunder were
A) Recorded : November 22, 1974
Book : 1001
B)
Page : June 7. 1977
Book :' 1171
Page : 932
By : Connecticut General Life Insurance Company
And thereafter Third Amendment,
Dated : April 22, 1994
Recorded : June 29. 1994
Recorder's Fee No : 94-62510
An easement created by instrument, including the terms and provisions thereof,
Dated : June 7. 1979
Recorded : July 2, 1979
Recorder's Fee No. : 79025766
In favor of : Washington County
For : Traffic control facilities . slope and drainage
Location : Over the area adjacent to SW Greenburg Road
Covenants . easements and restrictions , but omitting restrictions, if any, based
on race, color, religion, national origin, or physical or mental handicap.
imposed by instrument, including the terms thereof.
Recorded : August 14, 1996
Recorder's Fee No. : 96072859
Affects Parcels I and II
5-
EXHIBIT B
(page 2)
Restrictive covenants , including the terms and provisions thereof, to waive right
of remonstrance.
Recorded : August 14. 1996
Recorder's Fee No. : 96072860
For : Street improvements
Affects Parcels I and II
Any rights interests or claims which may exist or arise by reason of the
following `acts shown by survey,
By : W & H Pacific
Dated : September 15, 1999
Job : 04.07120001
A) Power pedestal and line at the Northwest corner of Parcel II .
B) Telephone line along the North line of Parcel II .
Easement Agreement granted to PPR Washington Square LLC for utility lines, dated
October 1999 and recorded October 1999 under recording number
Washington County, Oregon.
Real Property Taxes not yet delinquent.
r.
•
TE OF OREGON
County } SS
ty of Washington
I,Jerry ;£ ans ir-.A r of Assess-
ment and ��=, to and'E !` io County
Clerk fore 1 9 aby ertify that
the wit i rtf �O-f �3 •. va received
and re reec, ,a 4oiod'` of said
county. }' .1
J rj - an o o'rector of
dsefie' v axation,Ex-
s ?$ t 1y Jerk
Doc : 99122269
Rect: 242770 2136.00
10/29/1999 12:21:46pm
Customer Receipt
CITY OF TIGARD Printed:05/22/2000 11:52
User:front
Station: 02
Operator: GEO
Rcpt No: 0002350 Date: 05/22/2000
Customer No:000000 Amount Due: 100.00
Name: WHP ARCHITECTURE INC Cash: 0.00
Address: 513 NW 13TH Check: 100.00
SUITE 300 N/A 0.00
PORTLAND, OR 97209 Change: 0.00
Type Description Amount
LANDUS Land Use Applications 100.00
(r.e_f_, 0 ----(75-/79
CITY OF TIGARD
• NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 93-0025
LOT LINE ADJUSTMENT MIS 94-0002
LOT LINE ADJUSTMENT MIS 94-0003
WASHINGTON SQUARE INC. - OWNER
W & H PACIFIC -APPLICANT
APPLICATN: A request for approval of Site Development Review and two Lot Line
Adjustments for a 25,000 square foot general retail building. Comprehensive Plan: General
Commercial (''-G), Zoning: General Commercial (C-G) Location: 9835 SW Greenburg
Road (WCTM 1S1 360C, Tax Lots 300, 402 and a portion of 500)
SECTION I - DECISION: Notice is hereby given that the Planning Director's designee for
the City of Tigard has APPROVED the above request subject to certain conditions. The
• findings and conclusions on which the decision is based are noted in Section II.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
1. The site plan and/or floor plan shall be revised to provide a minimum of five
• bicycle parking racks. STAFF CONTACT: Mark Roberts, Planning Division.
2. The applicant shall maintain as much of the stand of trees adjacent to Access
•
Road #4 in place as possible. An arborist report shall prepared which reviews
preservation of a portion of the stand of trees adjoining Access Road #4 in place.
The report shall review the trees with a revised site plan showing the 19 parking
• spaces along Access Road #4 as having been deleted. STAFF CONTACT: Mark
• Roberts, Planning Division.
D-
The applicant shill obtain a tree removal permit prior to removal of any trees
:. _ • on site in excess of six inches or more as measured four feet above ground level.
STAFF CONTACT: Mark Roberts, Planning Division.
4. The applicant shall revise the site plan to include pedestrian access to the site
from SW Greenburg Road and Access Road #4. STAFF CONTACT: Mark
Roberts, Planning Division.
5. The landscape plan shall be revised to provide tree specimens of sufficient size
• within the clear vision areas such that no branch or limb shall be less than eight
feet in height. STAFF CONTACT: Mark Roberts, Planning Division.
NOTICE OF DECISION SDF. 93-(X)25 - W & H PACIFIC Page 1
5. The site plan shall be revised to prvovide a minimum of one additional parking
spaces designed and designated to serve disabled persons. STAFF CONTACT':
Mark Roberts, Planning Division.
7. The driveway access shown on the submitted site plan shall be deleted pursuant
to the access standards set forth by the Washington County Transportation
Planning Department or as otherwise approved. Mark Roberts,Planning Division.
8. The applicant shall comply with the Conditions of Approval set forth by
Washington County or as otherwise approved in the project review response dated
Janaury 7, 1994 and as reviewed under Agency comments. Mark Roberts,
Planning Division.
9. Upon completion of the two proposed Lot Line Adjustment applications an
additional Lot Line Adjustment shall be filed for the site to consolidate the two
remaining parcels. STAFF CONTACT': Mark Roberts, Planning Division.
. 10. Additional right-of-way shall be dedicated to the Public along the SW Grenberg
Road frontage to increase the right-of-way to a minimum of 49 feet from
centerline. The description shall be tied to the existing right-of-way centerline.
The dedication document shall be on City forms. Instructions are available from
the Engineering Department. STAFF CONTACT: John Hagman, Engineering
Department.
11. The applicant shall provide street lighting along SW Greenberg Road in
accordance with City standards. STAFF CONTACT: John Hagman,Engineering
Department.
12. Sidewalks shall he constructed along the site frontage on SW Greenburg Road and
on Access Road #4. The sidewalk may CONTACT: John Hagman, Engineering
as to save the existing trees. STAFF
Department.
13. A final grading plan shall be submitted showing the existing and
f '• andpro
proposed
contours. A ,rn ls rep ort shall be provided detailing the soil compaction
requirements. STAFF CONTACT: Michael Anderson,Engineering Department.
14. The applicant shall provide an on-site water quality facility as established under
the guidelines of Unified Sewer Agency Resolution and Order No. 91-47. The
final grading plan shall be modified to include biofiltration swales. The
maintenance of the swales shall he the responsibility of Washington Square.
STAFF CONTACT: Greg Berry, Engineering Department.
.
NOTICE OF DECISION SUR 93-0025 -W& H PACIFIC Page 2
•
i
•
15. The applicant shall demonstrate that the downstream underground system in the
Washington Square Area will not be unduly affected by the increase in run-off. .
STAFF CONTACT: Michael Anderson, Engineering Department.
16. The applicant shall underground utilities along SW Greenburg Road between the
site's northerly property line and Access Road No.4 to Washington Sqaure,or pay
the fee in lieu of undergrounding. STAFF CONTACT: Michael Anderson,
• Engineering Department.
17. All existing underground utilities must he removed and capped at an approved
location. STAFF CONTACT: David Scott, Building Department.
18. The entire existing building (including foundations) must be removed. Any
remaining excavation must be filled with compacted fill. STAFF CONTACT:
David Scott, Building Department.
THE FOLLOWING CONDITION OF APPROVAL SHALL BE SATISFIED PRIOR TO
THE ISSUANCE OF OCCUPANCY PERMITS.
• 19. All site improvements shall be installed pursuant to the approved plans which
shall reflect the modifications required by these Conditions of Approval. STAFF
CONTACT: Mark Roberts, Planning Division.
IN ADDITION THE /.L PLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; SECTION 18.120.060
BONDING AND ASSURANCES AND SECTION 18.164 STREET AND UTILITY .
` IMPROVEMENT STANDARDS. COPIES MAY BE OBTAINED THROUGH THE
PLANNING DIVISION OR THE ENGINEERING
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE
DATE OF THE FINAL DECISION.
SECTION II. FINDINGS OF FACT
1. Background:
The subject site is presently developed with an older storage building and a
mixture of trees and brush.
2. Vicinity Information:
The site is located on SW Greenburg Road north of an Access .load #4 to the
Washington Square Mall. The surrounding properties are zoned for General
Commercial and Office Precessional use and are developed with a mixture of large
NOTICE OF DECISION SDR 93-0025 - W & H PACIFIC
Page 3
scale general retail commercial use (Rubenstein's Furniture)parking areas within
the Washington Square Mall and Professional Office uses.
3. Site Information and Proposal Description:
The subject parcel is approximately 2.38 acres in size and is presently vacant with
the exception of an older storage building approximately 5,700 square feet in size.
The site has direct frontage on SW Greenburg Road and on Access Road #4
serving the Washington Square Mall.
The applicant proposes to construct a 25,000 square foot building for genera',
retail use. The architectural treatment proposed for the structure incorporates the
use of masonry walls and columns with reveal and accent features. The more
prominent elevations towards SW Greenburg Road feature metal awnings,plaster •
textured accents and reveal features.
The site is currently comprised of all/or a portion of three parcels, the applicant
has requested approval for Lot Line Adjustments to consolidate the existing
parcels into two parcels. To complete the parcel consolidation the applicant must
complete an additional Lot Line Adjustment to eliminate the property line
between the two adjusted parcels (See Attachment #3).
4. Agency and CIT Comments:
The General Telephone, Tualatin Valley Water District, the Tualatin Valley Fire
and Rescue,Washington County,the Oregon Department of Transportation,TRI-
MET, the Tigard Police Department and the Building and Safety Department,
have reviewed this proposal and have provided the following recommendations
concerning this proposal.
GTE stated that the developer is responsible to place all conduit and trench
according to GTE specifications.
The Tualatin Valley Water District stated that the applicant needs to submit three
sets of plans for approval.
The Water District noted that the asphalt in SW Greenburg Road is
approximately 18 inches thick. A two inch service will be provided from the six
inch fire line at the west side of SW Greenburg Road. The District indicated that
the applicant shoald consider using existing water service for irrigation purposes
if the size is adequate.
The Fire District recommended increasing the proposed four inch Automatic Fire
Sprinkler System with a six inch system.
NOTICE OF DECISION SDR 93-0025 - W H PACIFIC Page 4
/
The Washington County Department of Transportation Planning reviewed this
proposal due to its location on Greenburg Road which is the County's
• responsibility for ongoing maintenance and design issues. The County indicated
that the proposed access location shown from Greenburg Road must be
eliminated due to the site's location at the intersection of Greenburg Road and
Access k oad #4. The County standard for allowing access to Greenburg Road
is that a minimum of 600 foot spacing must be maintained between access points.
A traffic analysis is currently being performed by the County Traffic Analyst for
•
this area is known as the "Hall/Greenburg/Scholls Study Area". The
• finding- _ru'. recommendations will be forwarded to the City upon completion.
The Cc,i .ty Transportation Planning Department provided the following
Conditions of Approval for this development:
1. Dedicate additional right-of-way to provide 49 feet
from centerline of Greenburg Ro.:1 frontage.
•
2. Sign a waiver not to remonstrate against the formation of a local
improvement district or other mechanism to improve the base
facility of SW Greenburg Road frontage.
• 3. Establish a one-foot non-access reserve strip along SW Greenburg
frontage.
4. Submit Plans, obtain Engineering Division approval, and obtain a
facility permit for construction of the following public
•
improvements:
a. Concrete sidewalk to County standard along SW Greenburg
Road frontage.
b. Any additional off-site safety improvements found to be
required for compliance with R&O 86-95 upon completion
•
of County Traffic Analyst's review.
Prior to Occupancy the road improvements required is conjunction with
Conditions A.4 above shall be con.rleted and accepted by the County.
The Oregon Department of Transportation reviewed this proposal and requested
that the Traffic Report for the site investigate more completely the relationship
between the site and the intersection of SW Greenburg Road and SW Hall
Bou!evard. The agency also indicated that the Traffic Study should .ontain an
analysis of vehicle trips traveling to the site in addition to the cu.-rent analysis of
the expected impact of vehicle trips leaving the site.
y NOTICE OF DECISION SDR 93-0025 - W & H PACIFIC Page 5
, le
TRI-MET has reviewed this proposal and provided the following comments which
reflect Tri-Met's participation in the State Transportation Planning Rule,Goal 12
implementation process:
1. Provide perimeter sidewalks along SW Greenburg Road and Access Road #4
with access points through any perimeter landscaping at appropriate intervals.
These sidewalks should be straight as opposed to meandering to provide the most
direct pedestrian circulation by the site. t
I. 2. Provide a three foot minimum landscaping buffer between sidewalks and ?uto
traffic along SW Greenburg Road. This buffer enhances pedestrian circulation _
k
along the street.
The Police Department reviewed this proposal and indicated concerns related to
allowing full service vehicle access from this site directly on Road. Greenburg
Road due to the traffic volume present on SW Greenburg t
The Building Department indicated that existing utilities must be removed and
pp
capped at an approved location. The entire existing building (including the
• -
foundations) must he removed and any remaining excavation must be filled with t
compacted fill.
- The Public Works Department,Northwest Natural Gas,Portland General Electric 3
and the Unified Sewer Agency were provided with copies of this application and
have offered no comments or objections. i
r
SECTION III. ANALYSIS AND CONCLUSION .}
A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: 1
Use Classification: Chapter 18.062.030(L)states that the purpose
of thejGere General
Commercial zoning district is to provide sites for the provision
goods and services. The applicant states that the proposed building is to be used
for General Retail use which is in compliance with the purposes the General
Commercial Zoning District.
Minimum of Area: Chapter 18.62.050 states that there is no minimum lot area
for parcels in the General Commercial Zone. Section 18.62.050(A)(1)states that
• the average lot width shall be 50 feet. The site is the combination of all or part
of three existing parcels which when combined have an average art t of t of
• approximately 290 feet which complies with
Line Adjustments whic p create lots
proposal the applicant has submitted two
of 41,747 and 62,192 square feet in area (See Attachment #3).
NOTICE OF DECISION SDI.93-0025 • '.1& H PACIFIC Page 6
I
i
Development proposals within this zoning district may not exceed 85% of the site
with impervious structures (buildings and hard surfaces). The site pan indicaa�s
that 78,791 square feet (76%) of the property is proposed to be developed with
impervious structures which complies with the requirement.
The General Commercial Zoning District also requires a minimum of 15%of the
site be !ac.dscaped. The site plan provides 24,881 square feet (24%) of the site
' • with landscaping i.i compliance with the requirement.
Setbacks: Chapter 18.062.050 provides the setbacks standards for General
Commercial sites. The Code permits development at the property line within the
Development Code for the front, side, or rear yards provided clear vision and
landscape buffering requirements can be met. Because the subject property is
surrounded on all sides by other properties which are also zoned and used for
. • commercial or professional office uses, no special setbacks are required to buffer
the proposed land uses from other adjoining sites. The proposes structure also
•
complies with the Special Setbacks set forth in Section 18.096(B)(2)(a) which is
30 feet from the centerline of SW Greenburg Road.
Building Height: Chapter 18.062.050(A)(4) states that no building shall exceed
a height of 45 rect. The most prominent features of the architectural elevations
measure 36 feet in height. The majority of the building is 32 feet in height.
Minimum Off-Street Parking: Chapter 18.106.030(C)(15) requires one parking
• space for each 400 square feet of gross floor area. The floor plan for the building
• provides a 25,000 square feet of gross Boor area which requires 63 parking spaces
currently 125 spaces are shown. Due to the number and general character of the
existing gees along Access Road #4 to Washington Square, Condition of
Approval #2 requires that an arborist report be prepared for the site. The report
shall be prepared assuming the 19 parking spaces adjoining Accez., Road #4 are
deleted and the trees in this area have been preserved.
This may reduce the number of on-site parking spaces to maximum of 106
spaces. The site would still exceed the 63 spaces requited to serve this
development.
Driveway: Chapter 18.108.080, requires commercial development with 99 or less
required parking spaces to provide a minimum of one access point with a width
of 30 feet. The site plan complies with this requirement by providing a direct
entrance to the site through Access Road #4 which abuts the site and intersects
with SW Greenburg Road. Due to existing and projected traffic volume on SW
Greenburg Road, the Washington County Transportation Planning Department
required the elimination of a planned entrance on SW Greenburg Road because
Access Road #4 is available as the primary entrance to the site. County Planners
NOTICE OF DECISION SDR 93-0025 - V1'd: H PACTIC Page 7
I
may permit new points of accc s to SW Greenburg Road where existing access is
net available within 600 feet.
The Americans with Disabil!tie.. Act_(ADA). Effective January 26, 1992 a
minimum of one disabled pe.scn parking space for each twenty-five required
parking spaces up to 100 hunched spaces. This site is required to provide a
minimum of three disabled person parking spaces because a minimum of 63
parking spaces world he requi:el to serve this building. The site plan currently
shows two handicap,.cd per:on pat kin,' spaces therefore the site plan must be
modified to provide a ~tinir,.i, 7 :4* on more c+icihled person parking space.
Bicycle Parking: Chapter 1F.105.t)20(P) requires one bicycle parking rack for each
15 vehicle parking spaces in atiy �:�velopment. Due to the size of the floor plan
proposed for this ;f" :, minirmili of five bicycle parking racks are required to
serve this development. Conditio.: of Approval #1 requires that a minimum of
five bicycle racks be provided.
Walkway: Chapter 18.108.050(A) requires that a walkway extend from the main
ground floor entrance of all commercial developments to the streets which provide
the required ingress and egress. TRI-MET requested that the applicant provide
separated sidewalks for enhancement of pedestrian use. The Engineering
Department indicates that additional right-of-way is not available in this area to
/. construct separated sidewalk along the street frontage. Condition of Approval #8
requires that applicant construct all street improvements to Washington County
standards. Condition of Approval #4 requires that the site plan be revised to
include pedestrian walkways prom SW Greenburg Road and Access Road #4 onto
the she.
Street Trees: Chapter 18.100.030 states that all development projects fronting on
a public street more than 103 feet in length shall be required to plant street trees
in accordance with the standay ds in Section 18.100.035. This site has frontage on
• SW Greenburg Road in exc.ss of 100 feet. The landscape plan for this site
provides Norway Maple Street Trees=planted at 35 feet on center. At maturity the
Norway Maple measures 5`• to 60 feet in height and is considered a large
# specimen within the Development Code. The Norway Maple trees as shown on
the Landscape Plan comply wi:h the standards for street trees.
Visual Clearance Areas: Chapter 18.102 requires that a clear vision area for
motorist and pedestrian safety be maintained on the corners of all property
adjacent to intersecting right-Li-ways or private driveways. A clear vision area
shall contain no vehicle, hedge, planting, fence, wen. structu-e, temporary or
permanent obstruction exceeding three feet in heig: uu;:, :red from the top of
the curb, or where no curb exists, from the stye' red!er line grade. Trees
exceeding this height may be located in the :it area, provided all
NOTICE OF DECISION SDR 93-0025 - W & H PACIFIC Page 8
}
l/ branches below eight feet are removed. Condition of Approval #5 requires that
the applicant modify the size of the trees to be provided within the ''line-of-site
visibility triangle" approaches such that the branches or limbs of the trees within
these areas are above eight feet in height.
T;ash. Recycling and Loading Facilities: Chapter 18.120.120(A)(4)(c)states that
service and loading areas shall be indicated on the site plan. The applicant has
provided a loading space which measures 55 feet in length. The space also
provides maneuvering area:; both within the designated space and within the
adjoining two-way parking lot aisle in excess of three times the length of the
loading space. Chapter 18.106.090 requires a minimum of two times the length
of the largest vehicle servicing the facility oe provided.
The applicant has provided two trash and recycling areas on either side of the
loading space. Both receptacle areas exceed the dimensional requirements of
METRO as stated in the Model Zoning Ordinance for Mixed Solid Waste and
Recyclable Storage. The site also provides landscaping to screen these areas from
view.
Tree Removal: Chapter 18.150 contains standards for obtaining a required permit
for removal of trees on site which have a trunk six inches or more in diameter
measured four feet above the ground. The Lot Line Adjustment applic itiars
• submitted along with the Site Development Review application indicate that
existing trees are proposed to be removed to allow construction of site
improvements as currently proposed. Br,,:ause the site plan provides twice the
number of required parking spaces required for general retail use. Condition of
Approval #2 requires that the applicant preserve a portion of the group of trees
. in place which adjoin Access Road #4 where feasible by deleting 19 proposed
parking spaces along the southern property line. The applicant may modify this
requirement by causing a report to be issued by an arborist which reviews the
general condition and viability of preserving the trees in place.
Prior to removal of any tree on site in excess of six inches in diameter as
measured four feet above existing ground level, Condition of Approval #3,
requires the applicant to obtain a tree removal permit as set for'.h in Chapter
18.150 of the Development ...ode.
Landscaping Plan: Section 18.100.015(C) requires that the applicant submit a
detailed landscape plan as a part of Site Development Review. The landscape
plan provided with this application provides parking lot trees in excess of the
required number foc the parking lot area. The Development Code requires one
tree for every seven parking spaces the applicant has provided one tree for
approximately every 4 parking spaces. The plan also provided a variety of shrubs,
and ground cover in satisfaction of the landscaping requirements for this site.
NOTICE OF DECISION SDR 93-0025 - W & H PACIFIC Page 9
is
Signs: Section 18.114.130(C) lists the type of allowable signs and sign area
•
. . permitted in the General Commercial zone. All signs for this site shall be
reviewed by the Planning Division through the Sign Permit process.
SECTION 1V. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City Hall and
mailed to:
XX The applicant and owners
XX Owners of record within the required distance
XX The affected Citizen Involvement Team Facilitator
XX Affected government agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON L -1S 1y
UNLESS AN APPEAL IS FILED. •
3. Appeal: Any party to the decision may PP
eal this decision in accordance
a
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be filed with
the City Recorder within 10 days after notice is given and sent. Appeal fee ,
• schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd.,
Tigard, Oregon.
The deadline for filing of an appeal is 3:30 p.m. 7-- 1$"614 ,
4. Questions: If you have questions, please contact the Planning Division at E
639-4171, City of Tigard, City Hall, 13125 SW Hall Blvd., Tigard, Oregon.
•
• •' it:.4<r' /C}L ti'-c DATE
PREPARED BY: Mark Roberts
Assistant Planner
• p.
__-_:—.44.7C- ca_ti...)..e.A..., 41.470/ 2 -6--41q
• APPROVED BY: Richard : I rsdor"
DATE
• ' ; Senior Planner
NOTICE OF DECISION SDR 93-0025 - W & H PACIFIC Page 10
I
•
•
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TRANSMITTAL
owe:
May /5,
Rq hS M l r T q May 15, 2000 T° City of Tigard p t Attn:Julia Hayduanin g DePartment
T1/53 a12rd,5 SOreall Blvd Cave Kelley
Project Number, Washington
File:
9g113 Square Les Schwab
V1q.
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Action: C70 1OO General1108
Distribution:
Documents
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Number, Transmitta/to Ces Schwab
hwab
1
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$100 Filing e (WP Statement(INpH Me X 1 „Copt es A101, C
N check#47220)andm) 101
\\ 513 NW 13TH AVENUE 300
PORTLAND OREGON 97209
TEL 503 827 0505
FAX 503 827 0506
WPH ARCHITECTURE pc
TRANSMITTAL
Dare: June 29, 2000 RECE/VEC
To: City of Tigard Planning Department
Attn: Julia Hayduk JUN 2 9 2000
13125 SW Hall Blvd
Tigard, Oregon 97223 COMMUNITY DEVELOPMENT
From: Dave Kelley
Project: Washington Square Les Schwab
Project Number: 99113
File: G:199113 Les Schwab Tires1100 Genera11108 Agency Corresp\cot 00 06 29 trns.doc
Via: ,jhr messenger
Transmitted: Documents
Action: For your use
Distribution: Art Young @ Les Schwab
Number: Date: Description:
3 5/9/00 Revised Landscape Plan L101 (30"x 42")
1 5/9/00 Revised Landscape Plan L101 (8 1/2" x 11" Copy)
Enclosed is the revised Landscape Plan with the sidewalk shown adjacent to the detention pond.
Please reply with confirmation of approval after your review is done.
Thanks,
C ■i•°"C " (afaO10?,
Dave Kelley
54 �
IIAMP •f,L4
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CITY OF TIGARD
July 6, 200o OREGON
Dave Kelley
WPH Architecture
513 NW 13`h Avenue
Portland, OR 97209
RE: Minor Modification to existing approved site plan for SDR 93-00025
(MMD 2000-00012)
Dear Mr. Kelley:
This letter is to confirm receipt of your revised Landscape Plan L101 dated 5/9/00, which meets
the conditions for your Minor Modification (MMD2000-00012). This letter will also serve as
verification that your Minor Modification is approved.
If you should have any further questions, please feel free to contact me at (503)639-4171.
Sincerely,
Julia Powell Hi.jduk
Associate Planner
is\curplan\julia\minmod\Les Schwab3.doc
c: 2000 Planning correspondence file
SDR 93-00025 Land Use file
MMD2000-00012 file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772