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SDR2011-00001
SDR2O11 00001 SCHOLLS COMMERCIAL CENTER PARKING NOTICE OF TYPE II DECISION q SITE DEVELOPMENT REVIEW (SDR) 2011-00001 SCHOLLS COMMERCIAL CENTER PARKING TIGARD 120 DAYS = 07/12/2011 SECTION I. APPLICATION SUMMARY FILE NAME: SCHOLLS COMMERCIAL CENTER PARKING CASE NO.: Site Development Review(SDR) SDR2011-00001 Variance (VAR) VAR2011-00003 PROPOSAL: The applicant requests Site Development Review approval to install 8 new compact parking spaces, add a recyclable materials storage area, remove two 7 inch (dbh) trees, and adjust the parking island to increase the aisle width. The applicant also requests a Variance to allow 60%compact parking. OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy and Associates 1430 Eastside Road 9875 SW Murdock Street Hood River, OR 97031 Tigard, OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland, OR 97223 LOCATION: 12700 SW North Dakota Street; WCTM 1S133AD, Tax Lots 16000, 16100, and 16200. ZONES: C-N Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly, for which comparison buying is not required, and which can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, CRITERIA: 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 1 of 20 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A SITE PERMIT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: HAP WATKINS, 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work provide a tree plan which fully accounts for all trees to be preserved (trees 6 inch dbh or greater), all trees to be removed, any replacement trees, any mitigation requirements, and any tree protection specifications to be implemented during the course of development. 2. Prior to site work provide legal documentation showing agreements for joint use of the access drive and the parking spaces. 3. Provide a revision to the site plan that shows 5 bicycle parking spaces. 4. Provide revised plans that show one new street tree on each of the two street frontages, two screening trees, six mitigation trees, 8 evergreen hedge plantings, and one replacement tree. 5. Provide revised plans that show a wall 6 feet above the parking surface for a distance of 95 feet. 6. Revise plans to include shielding of all lights on the west side of the project. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: GUS DUENAS, 503-718-2470. The cover letter shall clearly identify where in the submittal the required information is found: 7. A Public Facility Improvement (PFI) permit is required to cover half-street improvements, sanitary sewer, easement restoration and any other work in the public right-of-way or easement. The PFI also includes any work for on-site detention and on-site water quality treatment. 8. The water quality and detention system needs to be restored to full functioning capability. Final plans and calculations for the water quality and detention facility shall be submitted as part of the PFI application to the Development Engineer (Gus Duenas) for review and approval prior to issuance of the PFI. The facilities, while private, will be inspected by the city after restoration for conformance to water quality and detention requirements. In addition, a proposed maintenance plan for these facilities shall be submitted along with the plans and calculations for review and approval. No work shall commence on site until all permits are issued. 9. Six (6) sets of detailed plans covering the proposed work on the water quality treatment and detention facilities shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 10. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. 11. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. 12. The applicant shall provide a construction vehicle access and parking plan for approval by the city Engineer. The purpose of this plan is for parking and traffic control during the construction phase. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 2 of 20 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: HAP WATKINS, 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 13. Call for final inspection prior to final site inspection by the building department. 14. Prior to final acceptance by the city, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6 inch diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if all the trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: GUS DUENAS, 503-718-2470. The cover letter shall clearly identify where in the submittal the required information is found: 15. Prior to final inspection of the site work, the applicant shall complete the restoration of the water quality and detention facilities. The applicant's engineer shall submit documentation to the Development Engineer certifying that the facilities have been restored in accordance with CWS standards. 16. Prior to final inspection of the site work, the applicant shall provide the city with as-built drawings of the water quality and detention facilities as follows: 1) 3 mil mylar, 2) a disk of the as-builts in "DWG" format,if available; otherwise "DXF"will be acceptable, and 3) the as-built drawings shall be tied to the city's GPS network. The applicant's engineer shall provide the city with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 17. Prior to final inspection of the site work, the applicant shall complete the restoration of the water quality and detention facilities. The applicant's engineer shall submit documentation to the Development Engineer certifying that the facilities have been restored in accordance with CWS standards. 18. Prior to final inspection of the site work, the applicant shall enter into an agreement with the City on city-furnished forms for maintenance of the private water quality and detention facilities on- site. That agreement will be recorded and the city will be periodically monitoring the facility in the future for compliance with the terms of the maintenance agreement. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of city records for the subject property and found that a Site Development Review (SDR94-00014) was approved for a bank building, veterinary clinic, and office/retail building for which 62 parking spaces were designed, 32 standard and 30 compact spaces (all the spaces on the east side and in the center island did not comply with the minimum design for standard spaces due to the increased width of the landscape island). One eating and drinking establishment was approved in the office retail building in 1995 (Boston Market) and was the maximum allowed for the C-P zone. In 1996 lots 1 and 3 were re-zoned to C-N (ZON95-00007 and CPA95-00005, appealed, upheld, effective December 9, 1996) SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 3 of 20 and in that same year a Conditional Use Permit (CUP96-00007) was approved for Starbuck's Coffee. At that time 2,145 square feet of space was vacant and the other tenants'parking demand was 58 spaces. In 1999 a Minor Modification (MMD1999-00014) was approved to construct 5 new compact parking spaces and re-design the adjacent aisle using 2 existing spaces, for a total of 65 with 32 standard and 33 compact spaces, however, the center island was not modified as approved. Apparently,in 2006 a Quizno's eating and drinking establishment began operations without benefit of land use review which would have been a Conditional Use Review requiring substantial additional parking. The resulting parking demand resulted in many employees of the center parking in the adjacent residential neighborhood. The neighbors complained about this situation to the owners over the next few years. In 2010 an official complaint was received from the neighboring HOA regarding the Quizno's business and its lack of approved status. In 2010 the owners constructed 5 additional,non-complying compact spaces on the west boundary behind the bank without first applying for land use review and approval.-During this construction a 7 inch caliper (dbh) tree was removed and the spaces were built in what was a 20 foot setback required in the former C-P zone. The minimum setback in the current C-N zone can be as little as 6 feet with certain code required buffering and screening. An approximately 45 inch multi-trunk poplar tree was also removed, which generated another official complaint regarding the loss of screening and work without a permit, the 5 new spaces. Proposal Description: The applicant requests Site Development Review approval to construct eight compact parking spaces, 5 installed without review and three new ones. The request includes addition of a recyclable materials storage area,removal of two 7 inch (dbh) trees,restoring the water quality facility,and adjusting the parking island to increase the aisle width.The applicant also requests a Variance to allow 60%compact parking. Vicinity Information: The subject site is located at the intersection of SW Scholls Ferry Road and SW North Dakota Street on the west side. The property is zoned C-P and C-N with properties to the south and west zoned R-7(PD). SECTION IV. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal,and-be given an opportunity to provide written comments and/or oral testimony prior to a decision being made. In addition, staff posted a notice centered on the frontage of the site visible from the street. The city received written comments from three parties, the adjacent neighbor, a member of the home owners association and the president of the home owners association. The neighbor's issues applicable to this project are loss of a 45 inch poplar tree and its screening of noise and glare, construction of parkin spaces to within 6 feet of his fence causing offensive odor and noise, and construction in what he believed was a perpetual 20 foot buffer zone. The other member of the home owners association commented on traffic congestion on North Dakota Street between the driveway and Scholls Ferry Road. She also had concerns about a floodlight on the west side of the veterinary clinic not being shielded from her property and whether or not a traffic study will be required. The president of the home owners association stated he was in favor of a variance for parking stall ratio and expressed concerns that this might satisfy parking requirements for converting existing retail/office space to an eating and drinking establishment. He also had concerns about traffic congestion as mentioned before. He is most concerned about adequate screening and buffering west of the bank meeting city standards, though he mentioned there is no loading zone on the site and trucks park in the center lane of North Dakota Street. RESPONSE TO COMMENTS: As reported by the applicant, the poplar tree was in questionable health and had dropped limbs in the past and after having it surveyed by a landscape contractor decided to remove it. It was not in the area he planned to construct parking spaces. The tree was not deed protected, and was not required by previous SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 4 of 20 land use review. The applicant plans to replace the screening aspect with arbor vitae and trees. The lights that shine into the adjacent property will be shielded. The 20 foot setback was a standard but not a condition of approval in 1994 between a C-P zone and a residential zone. The commercial property was re-zoned in 1995 (effective in December 1996) to C-N, neighborhood commercial,which allows as little as 6 feet for a buffering setback under certain standards. The applicant is proposing an alternative landscape plan to the C-3 buffer standard. This is addressed later in this decision. The congestion at the intersection of Scholls Ferry Road and North Dakota Street should not be affected by this application, as there is no increase in the size or intensity of uses of the occupancies or changes that result in increased traffic or parking; therefore, no traffic study is required. The light on the west side of the veterinary clinic will be shielded. There is no application for land use review for Conditional Use to convert retail/office space to eating and drinking establishment, as the parking requirements cannot support the change in use (approximately a net increase of 20 parking spaces.) The original Site Development Review did not require a loading zone, and the site would not support one at this time, due to existing parking and building configurations. Comments regarding the proposed adjustment to the ratio of compact to standard parking spaces were general in nature and supportive. Findings approving an adjustment of a lesser amount than the applicant requested can be found in Section VI, subsection B,Variances and Adjustments,below. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A. Zoning Districts 18.520 Commercial Zoning Districts B. Variances and Adjustments 18.370 Variances and Adjustments C. Applicable Development Adjustments Standards 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Tree Removal 18.795 Visual Clearance D. Specific Site Development Review Approval Criteria 18.360 Site Development Review E. Street and Utility Improvement Standards 18.810 Street and Utility Improvement Standards F. Impact Study 18.390 Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA A. ZONING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the C-N Neighborhood Commercial District. This application addresses numerous issues at this site,including: • Development without land use review; • Replacement of trees removed or not maintained that were required by a previous decisions; • Mitigation of trees removed as part of this project; • Completion of revisions to arking layout previously approved; • Restoring the water quality facility;and • Adjustment to the parking ratio between compact and standard parking spaces. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 5 of 20 Development Standards: Section 18.520.040.B states that development standards in commercial zoning districts are contained in Table 18.520.2: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-N Proposed Minimum Lot Size 5,000 sq ft 57,044 sq ft -Detached unit - -Boarding,lodging,rooming house - Minimum Lot Width 50 ft App 255 ft Minimum Setbacks -Front yard 20 ft 1 ft(existing) -Side facing street on corner&through lots 20 ft 20 ft -Side yard 0/20 ft(8) 20 ft -Side or rear yard abutting more restrictive zoning district - - -Rear yard 0/20 ft(8) 30 ft -Distance between front of garage&property line abutting a public or private - - street. Maximum Height 45 ft 30 ft Maximum Site Coverage 85% 80% Minimum Landscape Requirement 15% 20% FINDING: As demonstrated in the table above,the proposed development complies with the underlying zone development standards. B. VARIANCES AND ADJUSTMENTS Variances and Adjustments (18.370) The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards,and to other properties in the same zoning district or vicinity; The proposal requests approval of increasing the ratio of compact to standard parking spaces from 50 percent to 60 percent.There are 33 existing compact spaces which are 50.8 percent of the total 65 spaces. Six of the requested additional compact spaces can be approved for 39 of 71 spaces, or 54.9 percent compact. An increase of less than 5 percent is expected to have no materially detrimental impact to the purposes of this title, its policies and standards, or to other properties in the same zoning district or vicinity. The additional spaces will help alleviate the current parking shortage and are intended to be day-long duration parking for bank employees.Traffic in that area will be minimal.This standard is satisfied. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; This site was developed in 1995 under much less stringent parking regulations and has a history of lack of adequate parking and complaints from the neighborhood about employees parking on residential streets. The owners developed 5 compact parking spaces without benefit of land use review. These spaces do not comply with city standards and must be adjusted.These 5 spaces and one additional space could have been approved under current zoning regulations. Were it not for the fact that 28 existing spaces are not in compliance with the dimensions of standard spaces, a variance for increased ratio would not be necessary. These 28 spaces became non-compliant when the center parking layout between the bank and North Dakota Street was amended to include a landscape island. The change to the spaces was slight and not noted by inspection at the time. The owners were not aware of SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 6 of 20 this until recently when site development review was required. The result was the owners were not aware of the non-compliance and seek to resolve the issues to the extent feasible. The standard for special circumstances is satisfied. c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Accessory parking is an approved use and city standards will be maintained to the greatest extent possible while permitting reasonable economic use of the land. A literal interpretation of the code would cause an unnecessary financial hardship were the 5 spaces to be removed. This standard is satisfied. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The water quality facility will be improved through reclamation efforts such as cleaning out debris, additional plantings and an improved filter medium. It will be reviewed by Clean Water Services for adequacy and monitored by the city's development engineer. Traffic and parks will not be impacted and there are no dramatic land forms.Therefore,this standard is satisfied. e.The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The 6 spaces would not have needed a variance as explained in paragraph (b.) above and these six spaces are the minimum solution which can be approved to allow additional parking and allow reasonable use of the land. The re-construction of the recent added parking area to meet code involves work in the area of the requested additional spaces nearest the gate and could rationally be included in a new six space section. However, the spaces requested at the north and south ends of the west parking are self-imposed hardships and unnecessarily add to the imbalance of the parking ratio. FINDING: It is reasonable to include a sixth space as part of the re-construction to maximize the use of the property considering the screening and buffering that must be accomplished at this location for the 5 spaces which must be re-configured. On the other hand, it is not reasonable to develop a new, unrelated space north of the group of 5 spaces, as it is at the property line and not screened from Scholls Ferry Road. It would also increase the ratio differential between compact and standard parking spaces and must be considered a self-imposed hardship. Likewise, converting three standard spaces to compact would increase the ratio differential even further by adding 4 compact spaces and losing 3 standard spaces. Developing asphalt parking to add this parking space within 1-2 feet of a tree could be injurious to the tree and is also a self- imposed hardship. Staff approves the construction of 6 compact parking spaces,but not the new space at the north end of the west property line or the conversion of the standard spaces on the west side of the parcel just north of the veterinary clinic. The new ratio of compact to standard spaces is 39 of 71, 54.9 percent of the overall total and a 4.1 percent increase over the existing ratio. CONCLUSION: The criteria for a variance to increase the ratio of compact spaces have been satisfied exce5t the number of new spaces requested shall be reduced from 8 to 6. Two have been disaLowed due to being self-imposed hardships. C. APPLICABLE REVIEW CRITERIA Access,Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 7 of 20 Access and egress changes have not been proposed, however circulation will be improved by re-developing the north end of the parking island to allow a wider aisle for safer transiting of the parking lot. Therefore, this standard has been satisfied. Walkways: 18.705.030(F) requires that on-site pedestrian walkways comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; There are existing walkways between the buildings and to the public sidewalks at both adjacent streets that are consistent with this standard. No changes are proposed. Therefore,this standard is satisfied. Access Management: Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the city and AASHTO. A Transportation Impact Analysis was prepared by Mackenzie Engineeringg, dated July 27, 1994, which was reviewed with SDR94-00014 and later the same report was reviewed with CUP96 0007. Since that time no use has been approved that requires a new traffic study or development of additional parking. All of the approved uses at this site are the same as those reviewed in and prior to 1996. This application is simply to review the voluntary addition of some parking spaces, not to approve a more intensive use, so a new traffic study will not be required.Therefore,this standard is satisfied. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be reater depending upon the influence area, as determined from city Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. No changes are proposed for the existing approved driveway.This standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.J provides the minimum access requirements for commercial and industrial uses: Table 18.70 .3 indicates that the required access width for developments with fewer than 100 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The applicant's site plan shows an existing shared access that meets the dimensional requirements and no changes are proposed. This standard does not apply. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors glare and heat, and insects and rodents. Noise: For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions: Within the commercial zoning districts and the industrial park (IP) zoning SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 8 of 20 district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration: No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors: The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat: No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents: All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use is accessory parking and recyclable materials storage area which are permitted outright within the C-N zone. Based on the provision of adequate screening and shielding of lights, addressed further in this decision under 18.745 (Landscaping and Screening), and the fact that the proposed use will not generate noise, visible emissions, odors, glare and heat, or harbor insects and rodents, this standard is satisfied. Landscaping and Screening(18.745): Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.C. Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small,medium or large). The applicant has provided a site plan reflecting landscaping and tree plantings for mitigation of trees that were removed and replacement trees for those lost or not installed per the original SDR94-00014. That review showed seven street trees along Scholls Ferry Road, five of which were Slanted. One new street tree will be planted along the Scholls Ferry Road frontage. The frontage along Forth Dakota Street showed seven street trees in the original SDR94-00014, four of which were planted. One street tree will be planted at the north peninsula of the east parking area. This completes the street tree requirement to the greatest extent possible. With these plantings as a condition of approval the street tree standard can be satisfied. Buffering and Screening: Section 18.745.050 states that buffering and screening is required to reduce the impacts on adjacent uses which are of a different type. Buffering and/or screening are required for dissimilar uses. The subject site is zoned C-N and is bordered on the west and south by an R7(PD) residential zone.When the site first developed it was zoned C-P and required a 20 foot buffer on the south and west boundaries. It was re-zoned in 1996 to C-N and this zone allows as little as 6 feet for a buffer under certain conditions. The applicant has chosen to submit an alternative buffering and screening plan as provided in TDC18.745.050.A.3. This alternative is similar to the C-3 buffer standard required and in some respects exceeds the standard. The alternative addresses two issues that differ from the standard, width and length of the wall. Standard lumber dimensions dictate that a two sided wall with 4 inch structural and 1 inch surface lumber totals 5 inches overall. The top of the wall will be 6 feet above the parking surface it is to screen as stated in the code standard. The length of the wall effectively screens the source of noise and glare from the parking area at the 95 foot length proposed.At that point the buffer returns to 20 feet or more.The lights on the west side of the bank are proposed to be shielded, but the narrative and plan did not show shielding of the light on the west side of the veterinary clinic.With a condition of approval for shielding of lights,this standard can be satisfied. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 9 of 20 Screening Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. One parking area tree has been lost since the original development and will be replaced with a 2 inch dbh tree at the south peninsula of the bank frontage parking area. Fight arbor vitae will be planted at the west buffer area where the large poplar was removed and two screen trees will be planted there as well. One 7 inch caliper dbh tree has been removed for the new parking spaces and will be replaced with three 2 1/2 inch dbh mitigation trees; one parking island tree, one tree at the northwest corner of the parcel, and one tree north of the bank.A second 7 inch street tree will be removed for the recyclable materials area and three 2 '/z dbh mitigation trees will be planted; one in the parking island and two additional street trees on North Dakota Street. The original review called for more street trees than were planted, and one more street tree will be planted on each of the two frontages. Two new screen trees and S arbor vitae are proposed for the buffer at the west property line. These plantings will screen the parking area to the greatest extent possible. As a condition of approval,this standard can be satisfied. Screening Of Service Facilities: Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; There is adequate information provided in the plans that establish adequate screening of facilities. Therefore, this standard is satisfied. Screening of Refuse Containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The applicant has addressed acceptable screening of the proposed recyclable materials area as shown on the site plan and described in the narrative as a 6 foot wood fence.Therefore, this standard is met. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick- up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant has submitted a statement from Waste Management (email) that states the location of the recyclable materials facility is satisfactory and has approved curbside pick-up.Therefore, this standard is met. Location Standards. To encourage its use, the storage area for source-separated recyclables shall be co-located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 10 of 20 areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. There is an existing refuse container enclosure that complies with code requirements. Therefore, this standard has been satisfied. Off-Street Parking and Loading(18.765): Location of vehicle parking: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4) Long-term spaces. The parking lot associated with this project is directly adjacent to the existing buildings. Long term parking is not proposed. This standard is satisfied. Joint Parking: Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parki facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. The site consists of three parcels and was reviewed as a single project as stated in SDR97-00014. There are two owners and the application and warranty deed provided did not include the required legal evidence that defines joint use parking agreements.A condition of approval can satisfy this standard. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; 3) Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.060; 4) The maximum parking allowance shall be 150% of the total minimum parking as calculated above. This mixed-use site has eating and drinking establishments, personal services, financial institution,veterinary clinic, and retail/office uses. The parking minimum calculated at the rate required at the time of the original land use review is 63 spaces. The code at that time did not provide for mixed-use parking reduction. Therefore, this standard does not apply. Preferential Long-Term Carpool/Vanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 11 of 20 employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The parking associated with this mixed-use site is currently comprised of 65 spaces and does not provide long term parking. Therefore, this standard does not apply. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. The site plan shows three existing code compliant parking spaces for the disabled, meeting the required ratio as stated in ORS447.223.This standard is satisfied. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off- street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences,walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The existing approved access drive meets the requirements of Chapter 18.705, is clearly marked, and is designed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. The visual clearance area has not changed and no backing movements are required to access the right of way. Therefore this standard is satisfied. Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. There are no drop-off grade separated areas within the parking area. This standard does not apply. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces will be clearly marked with striping, consistent with this standard. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parlung stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant's site plan shows complying wheel stops and protective curbs. Vehicle overhang has not been included in the landscape area calculations. Therefore, this standard is met. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 12 of 20 Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. There are 32 standard parking spaces that comply with dimensional standards. There will be 39 spaces that are deemed to be compact spaces, although 28 of those are considerably larger than the minimum compact dimensions. The aisle widths in some areas are slightly less than the dimensional standard, however, given the space available the aisles cannot be brought to full width. The north end of the center island will be re- constructed to increase the aisle width from 15.6 feet to 23.3 feet, very near the code standard of 24 feet. The parking spaces and traffic aisles are designed to conform to code standards to the greatest extent possible. This standard is satisfied. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The applicant's site plan shows bicycle parking spaces at the southeast corner of the parking lot in front of the building. These spaces are not in the loading area, parking aisles, or landscaping area. Therefore, this standard is met. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and,when covered,with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has submitted plans showing bicycle parking spaces that are not in a vehicle parking area, loading area, landscape area, or vehicle circulation aisle and are in compliance with design standards. The spaces are of adequate size and have sufficient space. Therefore this standard is satisfied. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. The original land use review required 1 bicycle space for every 15 parking spaces required. The occupancy of the buildings at the time of review anticipated 60 parking spaces and 4 bicycle spaces were required. Sometime in the past the bicycle parking was removed and must be replaced with 5 bicycle parking spaces at this time, since the parking has increased. This is in keeping with the standards in effect at the time of the original land use review, 1D 18.106.020.0.1., 1994 edition. This is one space more than shown on the plans or in the narrative.With this requirement as a condition of approval, this standard can be satisfied. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 13 of 20 Minimum Off-Street Parking: Section 18.765.070.H states the minimum and maximum parking shall be as required in Table 18.765.2. The calculated parking from the 1994 code standards is 63 for the three parcel site. That standard was in effect when the last land use review requiring parking calculations was approved in 1996. No subsequent changes have been approved. There are 65 approved spaces and an increase of 6 more spaces will not exceed the maximum allowed under that code. Current parking requirements for each use are not being calculated in this review.Therefore,this standard is satisfied. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more;A minimum of two loading spaces for buildings with 40,000 gross square feet or more. There is one building that is 12,083 sq. ft. in area, however, 3,593 sq. ft. is separated by a 2 hour fire wall on the property line between two parcels. This type of construction considers these areas as two separate buildings,therefore no building exceeds 10,000 sq. ft. and no loading space is required. There was no loading space on the approved plans for the original land use review.This standard is satisfied. Signs (18.780): Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the C-G Zoning District. The applicant's narrative states that no application for a sign permit is included with this submittal. Signage will be reviewed and permitted under a separate application.Therefore this standard does not apply. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. A tree plan and arborist's report has been provided by the applicant that addresses the removal of a 7 inch dbh red maple street tree and the protection of a 30 inch silver maple in the recyclable materials area. Another 7 inch development tree was removed during the lacement of the 5 compact spaces in 2010. The applicant is proposing to mitigate with 15 caliper inches of trees not required by other code provisions. All other trees on the site are to remain. With a condition of approval that the site plan reflect the tree plantings and tree protection zones be marked on the site plan,this standard can be met. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance pomts with a straight line. The plan reflects an existing approved access with appropriate visual clearance. No changes are proposed. Therefore,this standard is met. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 14 of 20 FINDINGS: The applicant has shown partial compliance with the requirements for tree planting and tree removal. The applicant must show the tree protection zones at construction areas and indicate the size, species, and location of mitigation, street, and screening trees on the site plan. The applicant must plant three 2 '/z inch dbh mitigation trees for each of the two 7 inch trees removed. The site is not in conformance with street tree requirements from the original land use review.The applicant must plant one street tree on each of the frontages of the site. The site does not reflect adequate parking lot trees. A missing required tree must be replaced and maintained. Mitigation trees may be added to enhance tree canopy in the parking area. The application did not include easements or a contract that shows joint use of the access or the parking spaces. The applicant must provide these documents prior to construction. The plans show 4 bicycle parking spaces. One space is required for each 15 parking spaces. Greater than 60 spaces require 5 bicycle parking spaces.Plan revision is required. CONDITIONS: Prior to site work provide a revised site plan for approval that shows all tree plantings. Mark each location with size and species and whether it is a screening tree, street tree, replacement tree or mitigation tree. Show tree protection in all areas where parking lot construction is to occur. Prior to site work provide legal documentation showing agreements for joint use of the access drive and the parking spaces. Provide a revision to the site plan that shows 5 bicycle parking spaces. CONCLUSION: Upon completion of the conditions mentioned above, the application will be in substantial compliance with Part C, Applicable Development Code Standards of this section. D. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval criteria not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and they are therefore found to be not applicable as approval standards: 18.360.090.A.2 (Relationship to the Natural Environment), 18.360.090.A.3 (Multi Family Exterior Elevations); 18.360.090.A.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.A.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.A.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.A.8 (100-year floodplain), 18.360.090.A.9 (Demarcation of Spaces) and 18.360.090.A.11 (Public Transit). The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.A.4 (Buffering, Screening and Compatibility Between Adjoining Uses); 18.360.090.A.12 (Landscaping); 18.360.090.A.13 (Drainage); 18.360.090.A.14 revision for the Disabled); and 18.360.090.A.15 (Provisions and Regulations of the Underlying Zone). Crime Prevention and Safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 15 of 20 b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. Those areas most vulnerable to crime are well lighted as indicated on the site plan. The outdoor lights on the west side of the bank and the veterinary clinic are not shielded in a manner that light will not cross the property line. Replacing or shielding the existing fixtures is noted on the site plan. With a condition of approval that requires shielding of the lights on the west side of the project,this standard can be satisfied. FINDING: The lighting is adequate for safety;however, these lights must be shielded to prevent light from crossing the property line into a residential area. CONDITION: Revise plan to show shielding of all lights on the west side of the project from residential areas,including the veterinary clinic. CONCLUSION: Upon completion of the condition of approval for shielding all lights on the west side of the project together with the information on the site plan, the application is in substantial compliance with Part D, Specific Site Development Review Approval Criteria, of this section. E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers, and drainage. The applicable standards are addressed below: The proposal contains no elements related to the provisions of the following and they are, therefore, found to be not applicable as approval standards: 18.810.030 (Access Management), 18.810.040 (Blocks), 18.810.050 (Easements), 18.810.060 (Lots), 18.810.070 (Sidewalks), 18.810.080 (Public Use Areas), 18.810.090 (Sanitary Sewers), 18.810.110 (Bikeways and Pedestrian Pathways), and 18.810.120 (Utilities). Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The city Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the city Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 16 of 20 been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Existing detention system is compromised by accumulation of leaves and blockage created by backfill and a culvert mstalled in the system. The viability of the existing system needs to be evaluated and certification is needed with supporting calculations that the system is still adequate for the existing developments on the property. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: Changes of use or increases in demands for parking are not part of this review. A traffic study is not applicable. Fire and Life Safety: Tualatin Valley Fire and Rescue reviewed the application and had no comments. Public Water System: The City of Tigard is the service provider for water in this area and no changes are proposed. Storm Water Quality: The city has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. (For Private Facilities) To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Development Engineer with written confirmation that the water quality facility is in compliance with the design and specifications. (For privately maintained Stormwater Management Units) The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection, the apphcant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Storm water quality treatment is required. The existing system in its present condition is not functioning as a water quality treatment facility. There is a large accumulation of leaves covering the existing system and no evidence of plantings in the deep swale. The facility has to be cleaned out, restored and made functional. Water quality calculations to verify the adequacy of the restored system must be submitted as part of this restoration. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 17 of 20 A water quality facility maintenance plan is required as part of the submittal for a PFI permit. That plan shall include maintenance of the facility in accordance with the type of facility and Clean Water Services (CWS) requirements. The construction of the facility shall be monitored by a professional engineer. After construction that engineer shall provide written certification that the facility has been constructed in accordance with the approved plans. After completion of the water quality facility, the applicant shall enter into an agreement with the city for future maintenance of the facility. This agreement will be recorded and the city will be monitoring the facility periodically to ensure compliance with the terms of the agreement. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of city permits. An erosion control permit is needed to cover the work on the water quality and detention facility. The applicant should submit an erosion control plan as part of the Public Facility Improvement (PFI) permit application. The erosion control permit will be issued as part of the PFI permit. Address Assignments: The site has existing addresses,and no changes are proposed.This standard does not apply. Site Permit Required A site permit from the building department is required for this project. FINDING: Water quality calculations for the water quality facility were not submitted with the application. This criterion can be met conditionally. CONDITION: A water quality facility maintenance plan shall be submitted to the city as part the required Public Facility Improvement permit application. CONCLUSION: Upon completion of the condition mentioned above, the application will be in substantial compliance with Part E,Street and Utility Standards,of this section. F. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. This project will have no effect on public facilities and services and no dedication of property is required. The criteria for requiring an impact study do not apply. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 18 of 20 • SECTION VII. OTHER STAFF COMMENTS City of Tigard Arborist: The city arborist has reviewed the proposal and his comments and conditions are incorporated into this decision in SECTION II. City of Tigard Building Division, Police Department, and Public Works: These city offices were provided the proposal documents and had no comments or conditions regarding this land use decision. City of Tigard Development Engineer: The development engineer reviewed the proposal and his comments and conditions are incorporated into this decision in SECTION II and SECTION VI. SECTION VIII. AGENCY COMMENTS Clean Water Services: Clean Water Services was provided a copy of the application documents and plans and responded by letter with comments. Applicable issues have been reviewed by the development engineer and conditions are listed in SECTION II of this decision. Tualatin Valley Fire and Rescue: TVF&R has reviewed the proposal and offered no comments. Oregon Department of Transportation: ODOT has reviewed the proposal and offered no comments. Tri-Met: Tn-Met has reviewed the proposal plans and narrative and had no comments. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 29,2011 AND BECOMES EFFECTIVE ON MAY 14,2011 UNLESS AN APPEAL IS FILED. Areal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final fox urposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MAY 13, 2011. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 19 of 20 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, ORregon at (503) 639-4171. PREPARED BY: Darap"Watkins DA'Z'E Assistant Planner / - via . ' z-t/il 1 i 1 A PR CV D BY: Ronald B. 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A • DUSTING STERIAWATER PRUNE DOSING TREE Ilir 1 4 i I up, a 0 I SWALE AS NECESSARY MONO MATINIE EXISTING 6-FOOT BERGREEN TREES HIGH CHAMP"( FENCE WIN SLATS NEW 6-FT.NIGH WOO FENCE 61111 5-FOOT BIDE GATE -- L EIDI NORTH • ... -..- _.. _ , . . _ -- - . ----, - -, -._ NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2011-00001 ?; SCHOLLS COMMERCIAL CENTER PARKING T1GARD 120 DAYS = 07/12/2011 SECTION I. APPLICATION SUMMARY FILE NAME: SCHOLLS COMMERCIAL CENTER PARKING CASE NO.: Site Development Review (SDR) SDR2011-00001 Variance (VAR) VAR2011-00003 PROPOSAL: The applicant requests Site Development Review approval to install 8 new compact parking spaces, add a recyclable materials storage area, remove two 7 inch (dbh) trees, and adjust the parking island to increase the aisle width. The applicant also requests a Variance to allow 60% compact parking. OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy and Associates 1430 Eastside Road 9875 SW Murdock Street Hood River, OR 97031 Tigard, OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland, OR 97223 LOCATION: 12700 SW North Dakota Street;WCTM 1S133AD,Tax Lots 16000, 16100,and 16200. ZONES: C-N Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e., at least weekly, for which comparison buying is not required, and which can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants,in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, CRITERIA: 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 29, 2011 AND BECOMES EFFECTIVE ON MAY 14, 2011 UNLESS AN APPEAL IS FILED. Areal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. r THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13, 2011. Questions: For further information please contact the Planning Division Staff Planner, Darrel "Hap" Watkins at (503) 718-2440,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. j . r ,-- f ) 1 1 --I .,. 4 � VICINITY MAP J �' ( i r.* s ' 31 t `' `»M- Y- ' ' � s" SCROLL COMMERCIAL �. .'' �" "rm ,, : .= CENTERS ' f S: ..,1 , - „ ,,r 4;1'4,�1 Y tV'�"4 .r4' z t'; n ,`n ,aa " ' 7 r , �y,1t, ' f,,:f4� �+ Subject Site I .-'.2._ :�. _ ;,:„.... ....., . „,,. , : .., „.....„ r' At 1(.9**1.1 . ,_, -,,.,„:::1_. ,,- ,i.„ ....„.4,, ,..........„ ____. , acvl ,Ai , tr.,,,, : ” 1 , - != r " , off •uer rn .y. � �... RINGW-_—„1 IFF..@R Sp ' G i 4 . ...... .. Y ,' ^... p •-+^; $ i Fnt tl» 1)inwseV ww• I i cy urt EdEir,x. u en,'..:;;;T:: n�earu-_ v&1..._ .. W. SGt 10L15 FERRY RD . o, 2 ao_ <t7c±ly.LYe sT S I �>! I nap __ 2,...=- ._ a Ili r MIN !0' !�t . .r , 1�,1IYr p_11r O to _ l _� '° F lul o , °l) ad oi ,. _. __ 1 _., l �sJJirA1T/!.T\at:= �._lir RECEIVED Date: March 29. 2011 MAR 30 2011 To: CITY OF TIGARD Hap Watkins, Assistant Planner FLANNING/ENGINEEAING City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 From: David Peters 10648 SW 127th Ct. Tigard, OR 97223 Subject: SDR 2011-00001 and VAR 2011-00003 Public Comments and DCC 2010-00016 Contained in this document are my comments on the Scholls Commercial Center Please notify me on any additional public observation or participation events regarding these matters. Thank you. David Lee Peters 503-330-6609 cell- day 503-524-0703 - evening Scholls Commercial Center SDR 2011-00001 & VAR 2011-00003 Written Comments & DCC 2010-00016 David Lee Peters March 29. 2011 1. Environmental Performance Standards(Tigard Municipal Code 18.725) a. Environmental Performance Standards(Tigard Municipal Code 18.725.030) What will be done about the smell and fumes that come from the garbage dumpsters located next to my house? For several years I have had to put up with the smell of something dead or rotten food while I set on my back porch. I believe that this was the one of several issues caused by Scholls Commercial Center that prevented me from selling my house 3 years ago. I have now learned the eating establishment that was operating there and contributing to the rotten meat smell was operating there illegally with the full knowledge and consent of the property owner. During the year that I could not sell my property the value for my home fell by some$100,000. Is Scholls Commercial Center going to address the garbage smell? 2. Noise (Tigard Municipal Code(Tigard Municipal Code 18.740)) a. Noise (Tigard Municipal Code(18.740.160)) 1.) After the illegal removal of the tree that was a part of my back fence and the major aesthetic highlight of my patio and view from my kitchen/dining room, the noise level has increased. Because of the massive size of the tree, it absorbed a lot of the noise that came from Schools Ferry Rd as well as the noise from Scholls Commercial Center. 2.) Scholls Commercial Center regularly uses loud gas powered blowers as well as street cleaning equipment any time between 10:00 at night and 4:00 in the morning making it impossible to sleep. Does Scholls Commercial Center address the noise impacts of these activities on me? How will the property ensure that these activities occur between the hours of 7am and 9pm per Tigard Municipal Code 7.40.160? 3. Buffer size a. 20 Foot Buffer I have reviewed every meeting note I can find and to my recollection even in the conditional use meetings there was never a discussion, request, or authorization given to reduce the established 20 Ft buffer zone between my property and Scholls Commercial Center. In fact city code clearly states that landscaping and trees that are left in place during the development of a piece of property become deed restricted. It does not say that if the city or the property owner forgets to include it in the deed that this code will automatically voided. So I do not accept the excuse that someone forgot to include the trees that were cut down in the deed. b. Because the unauthorized parking has already been put in there have been several repercussions. 1.) Loss of Privacy. As I have shown in pictures that I sent you before. People now set in their cars and look in the back windows of my house. The corner of my house is just 4 feet from the fence and the cars are parked 6 feet away from the fence. 2.1 Car Pollution. There is nothing like sitting on the patio for a nice dinner when there is a running car 6 feet away that is waiting for someone in the bank to make a deposit. 3.) Car and truck noise. As mentioned above when a running car is parked 6 feet away. It may not be making many fumes but it is loud. 4.) Due to this new parking situation I am now getting$300 less in rent on my house. How am I going to be made whole for the$3600 a year that this is costing me for Scholls Commercial Center to have its new parking spaces? 4. Landscaping and Screening (Tigard Municipal Code 18.745) (Dennis Kruger) Buffer and Screening (Tigard Municipal Code 18.745.050) Please refer to the comments submitted by Dennis Kruger in his letter to you dated March 30, 2011. In summary, I am opposed to the proposed and existing illegally constructed parking spaces that are next to my property. If the parking in allowed I would hope that all other areas of concern are addressed. You are already in receipt of the other comments I have made on this situation from the emails I have sent you starting last year. Thank you for your consideration. David Lee Peters Owner 10648 SW 1271h CT Tigard, OR 97223 503-330-6609-cell-day J Hap Watkins From: Dennis &Wendy Kruger <denwen.kruger @frontier.com> Sent: Wednesday, March 30, 2011 6:47 AM To: Hap Watkins Subject: Fwd: Fw: Public comments dropped off... E I L E cor"i Flap, I did not expect you to personally respond to our comments at this time. My written comments were mainly to go on record for the overall SDR/VAR review. Although parking in the neighborhood by employees is an issue, I feel the critical nature of the parking west of Key Bank to be a higher issue. I would much rather see this parking disallowed if they do not meet city standards for parking or buffering or screening reason than keep them. We will have to deal with the parking issues separately. Thanks again for allowing me to input my comments to the SDRNAR for Scholls Commercial Center. Regards, Dennis Original Message Subject:Fw: Public comments dropped off.. Date:Tue, 29 Mar 2011 18:14:29 -0700 From:dakruger@rockwellcollins.com To:denwen.kruger@frontier.com Forwarded by Dennis A Kruger/USA/RockwelIColiins on 03/29/2011 06:14 PM— Hap Watkins<HAPttiltipard-or.Qov> To "dakrueer(dtrockwellcollins.com"<dakruaerfalrockwellcollins.com> cc 03/29/2011 03:12 PM Subject RE:Public comments dropped off... Yes, I received it OK and I've read it. It is a good detailed comment letter and includes many of my issues as well. I will address your concerns in my staff report.The change of occupancy for the"Quizno's"space is not being pursued at this time,and most likely never will.There simply isn't enough parking available.The variance this go-round is primarily to legitimize the spaces in the central and eastern parking.They are slightly below the minimum for standard spaces(many are 8'3"wide and standard spaces have to be 8'6" they are also slightly shorter than standard spaces have to be).Also,of course,the 5 spaces on the west side are similar, wider,but not standard so they have to be labeled compact also.Some of what they are asking can't be approved. Anyway,rather than respond to each of your concerns here, I will do that in the staff report.There is no point in essentially doing two different staff reports. I'm glad to hear you are getting good attention from our traffic engineer. I looks like more parking will be allowed on North Dakota and some restrictions might be placed on Springwood.Please forward this to Julie Jacobs,as I don't have her e-mail address. From: dakrugerrockwellcollins.com [mailto:dakruger(arockwellcollins.com] Sent: Tuesday, March 29, 2011 1:48 PM To: Hap Watkins Cc: denwen.kruger(afrontier.com Subject: Public comments dropped off... 1 • Hap, I wanted to know if you received my public comments for the SDRNAR on Scholls Comm. Center? I dropped it off in the City Hall Depository this morning before the doors were open. Regards, Dennis DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 1 ✓ Date: March 29. 2011 RECEIVED MAR 2 9 2011 To: Hap Watkins, Assistant Planner, City of Tigard CITY OF TIGARD PLANN9N(3IENGINEEMING From: Julie Jacobs Dennis Kruger (Pres. Summer Lake HOA) 10659 SW 127th Ct. 12612 SW Snow Brush Ct. Tigard, OR 97223 Tigard, OR 97223 Subject: SDR 2011-00001 and VAR 2011-00003 Public Comments Contained in this document are our comments on the Scholls Commercial Center SDR and VAR shown above. Thank you for allowing us to participate in this important review. Please notify us on any additional public observation or participation events regarding these matters. Regards, Julie Jacobs and Dennis Kruger SchollsComCtr SDR SLHOA WC 110330a.doc 1/6 March 30, 2011 Scholls Commercial Center SDR 2011-00001 & VAR 2011-00003 Written Comments Julie Jacobs and Dennis Kruger March 30, 2011 1. Variances(Tigard Municipal Code 18.370) (Dennis Kruger) The applicant is requesting a variance (VAR 2011-00003)to the allowed ratio of compact stalls to total compact and standard stalls. This ratio should be 50%or less per Figure 18.765.1 of 18.765.020. The applicants propose to have 44 compact and 25 standard dimension stalls so the calculated variance is 14%above the maximum allowed [(44 compact)/(44 compact+25 standard)-50%=64%-50%=14%]. The additional parking stalls resulting from the compact stall variance is both good and bad from my perspective as a resident of the Summer Lake neighborhood. The extra parking may help reduce the on-street overflow parking in our neighborhood by the Scholls Commercial Center employees. The variance is bad because the increase in off-street parking total may allow a high parking demand business to obtain a Conditional Use Permit(CUP)at the currently vacant Quiznos location. I am requesting the variance be approved with the condition that the extra parking stalls allowed by the variance not be included when determining if minimum off-street parking requirements are met for any future CUP. An estimate can be shown that the compact stall variance allows 1 extra parking space. So the allotted spaces of 68 instead of 69 compact and standard stalls would be used for future CUP assessments (44 compact+25 standard=69 actual total;69- 1 =68 total for future CUP decisions. A Quiznos type restaurant will result in more employee on-street parking spill over in the Summer Lake neighborhood. Many of the businesses at the center are already limiting employee off-street parking. Many of the excluded employees end up parking at the access/egress to Summer Lake neighborhood area since it is the closest public parking area. This creates congestion with limited line of site and reduced turning clearance as shown in Figures 1-3. If a new Quiznos type eat and drink restaurant is later permitted and customer parking activity causes the parking to become even more crowded, the Summer Lake neighborhood will face even more employee spill over on-street parking. 2. Access, Egress and Circulation (Tigard Municipal Code 18.705) a. Access Management(Tigard Municipal Code 18.705.030)(Julie Jacobs) I have observed an increase in traffic congestion on North Dakota Street between the driveway entrance of Scholls Commercial Center and Scholls Ferry Road. There is routinely a queue of southbound cars waiting to turn right into Scholls Commercial Center off of North Dakota which causes a backup of cars on North Dakota. I have observed increased traffic congestion at the intersection of North Dakota street and Scholls Ferry Road due to cars exiting Scholls Commercial Center. The left turn queue on North Dakota becomes filled to the entrance of Scholls Commercial Center. Cars that are trying to turn left out of the Scholls Commercial Center pull into the southbound lane of North Dakota road but are unable to turn fully into the left turn queue on North Dakota because it is full. They then block the southbound lane on North Dakota (and the sidewalk that crosses the entrance to Scholls Commercial Center) until the queue is able to be emptied. Is traffic volume from Scholls Commercial Center creating unsafe traffic flow?Are the stacking needs being met? How is the traffic volume entering and exiting Scholls Commercial Center impacting pedestrian traffic along the west side of North Dakota, including students walking to and from nearby schools? What recent studies have been completed to quantify the impacts of the variance Scholls Commercial Center is requesting? The last full traffic study was conducted during the original 1994 site development review. Since that time the traffic has increased significantly and the off-street parking has increased 14%. SchollsComCtr SDR SLHOA WC 110330a.doc 2/6 March 30, 2011 3. Environmental Performance Standards(Tigard Municipal Code 18.725) a. Environmental Performance Standards (Tigard Municipal Code 18.725.030) (Julie Jacobs) There is an outdoor floodlight on the west side of the veterinary clinic building in the Scholls Commercial Center. The light shines over the property line and into my living room window located on the west side of 127th court behind Scholls Commercial Center. I understand the site development application is mitigating the impact of floodlights placed on the west side of the Key Bank building. Is Scholls Commercial Center going to address the floodlight on the veterinary clinic building as well? 4. Noise(Tigard Municipal Code(Tigard Municipal Code 18.740) a. Noise(Tigard Municipal Code(18.740.160) (Julie Jacobs) Collection of waste from the large metal waste containers and the cleaning of the parking lot at Scholls Commercial Center are activities which occur routinely and are very loud. I hear those activities occurring while I am inside my home on the west side of 127th court(10659 SW 127th Ct.). Does Scholls Commercial Center address the noise impacts of these activities on the neighboring residential housing? How will the property ensure that these activities occur between the hours of 7am and 9pm per Tigard Municipal Code 7.40.160? 5. Landscaping and Screening (Tigard Municipal Code 18.745)(Dennis Kruger) a. Buffer and Screening(Tigard Municipal Code 18.745.050) The proposed 6 foot buffer width west of Key Bank requires the height of the wall to be at least 6 feet above the finished grade of the adjacent parking lot(para. D.1.). The screening wall must be at least 6"thick. A fence currently exists at that location which is approximately 20 years old with planks only on one side. The maximum thickness of the existing fence is 4 3/8 inches. At one location the existing fence is 6 foot tall but only 4'8"above the parking elevation. Since some of the proposed parking does not yet exist,the minimum screening wall elevation must be at least 6 ft. above the parking elevation of all new parking spaces west of Key Bank. With the permission of the adjacent residential home owner(s), a wall screen and buffering shall be placed along entire length of western property line of the Key Bank parcel (para. B.1.). The required 6 inch thick wall (para.B.8.) is to constructed of any materials commonly used in construction of walls. Wood is not a material that is commonly used to construct an outside 6" wide screening wall over 6 ft. in height. The material used for the wall shall be stone, rock or brick. Repairing a 20 year old residential wood fence will not meet the City of Tigard requirements. The non-wood fence is also necessary for sound isolation from such things as parking lot cleaning, motor vehicle traffic, car doors slamming and audible car-lock chirps. SchollsComCtr SDR SLHOA WC 110330a.doc 3/6 March 30, 2011 The proposed parking encompasses over 75%of the western property line length of the Key Bank parcel. The residential area has visual and sound impact even if not directly adjacent to the proposed parking. It makes sense that the screening should extend beyond the length of the parked cars. Because of these facts, it is appropriate the screening wall extend the entire length of the western Key Bank parcel property boundary. To present an esthetically consistent view to the western residential home owner(s),the top of the screening wall on the southern portion of the Key Bank parcel property line should be the same height as it is adjacent to the proposed parking. Any required screening should reside on the property of the Scholls Commercial Center since this is the location requiring the buffer and screening. If buffering and screening (including vegetation and wall) are not adequately maintained or do not meet minimum requirements,the Scholls Commercial Center should lose immediate access to proposed parking spaces west of Key Bank until compliance is met. All buffering and screening of all three parcels should be compliant to Tigard Municipal Codes. 6. Mixed Solid Waste and Recyclable Storage(Tigard Municipal Code 18.755) (Dennis Kruger) a. Access Standards(Tigard Municipal Code 18.755.050) (Dennis Kruger) It is assumed the recycle containers will be accessed from the south side of Scholls Commercial Center along North Dakota Street, The sidewalk at this location is popular pedestrian path for students walking to Conestoga Middle School and Westview High School, Tri-met bus riders, and general patrons of the various businesses in the vicinity. Because of this high pedestrian usage and traffic on North Dakota Street,the recycle bins should not be allowed to remain on the sidewalk or roadway before or after pickup. The exterior storage area should be enclosed by sight obscuring screen as described in D.3. 7. Off Street parking and Loading(Tigard Municipal Code 18.765) a. Off Street Parking and Loading (Tigard Municipal Code 18.765.070) (Dennis Kruger) I am requesting that the Director include in the Director's Decision a condition that if employee parking requirements are used in determining the minimum vehicle parking spaces required as stated in(C.2.),an equal or greater number of off-street spaces shall be maintained and available for employees. Currently,the Scholls Commercial Center is limiting off-street parking for some of the employees resulting in increased parking on Springwood Drive in the Summer Lake neighborhood approximately 500 feet to the south. This situation may get worse in the future if owners at the Scholls Commercial Center further limit employee off-street parking. If this happens, this will create more traffic congestion due to parking in the Summer Lake neighborhood. It is conceivable that at some point if parking at the Scholls Commercial Center gets more crowded,the owners will further restrict employee off-street parking. The Summer Lake HOA is working with the City of Tigard Traffic Engineering Dept.to work out the parking issues. Whatever solutions are worked out now will be dashed if more employees are excluded from the site's off-street parking. This is why the Scholls Commercial Center must at least maintain available off-street parking for at least the number of employees used in calculating the minimum required parking requirements. SchollsComCtr SDR SLHOA WC 110330a.doc 4/6 March 30, 2011 Off Street Parking and Loading (Tigard Municipal Code 18.765.070) (Julie Jacobs) I have observed loading vehicles routinely parked in either the southbound lane of North Dakota street or in the center turn lane on North Dakota Street to provide goods to the businesses at Scholls Commercial Center. These trucks block the flow of traffic along North Dakota Street, and force southbound traffic to maneuver around the loading vehicles parked in the roadway. Is there adequate loading space provided for these businesses? If so, is there adequate screening and sufficient space for turning and maneuvering these loading vehicles as specified by section 18.765.080 of the Tigard Municipal Code? t ;t, i I . • t t Employee parking areas • ' n ~, n . i •• r.. ;.` ; w Springwood Dr ! y I 1 o N...- . itir . . , 6 .1' . r-i--- - 1 0 -_ wi Figure 1 Aerial view showing areas of employee parking. SchollsComCtr SDR SLHOA WC 110330a.doc 5/6 March 30, 2011 ,.�' .. Figure 2 Street view southwest from North Dakota St. to Springwood Dr. k Figure 3 Street view northeast from Summer Lake Dr. to Springwood Dr. SchollsComCtr SDR SLHOA WC 110330a.doc 6/6 March 30, 2011 CleanWater Services RECEIVED PLANNING APR 0 1 2011 MEMORANDUM CITY OFTIGARD Date: March 28, 2011 To: Hap Watkins, Assistant PI er, City of Tigard From: Jackie Sue Humphreys, lean Water Services (the District) Subject: Scholls Commercial Center, SDR 2011-00001, 1S133AD16000, 16100, 16200 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE A Clean Water Services (the District) Storm Water Connection Permit Authorization must be obtained. Application for the District's Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 07-20, (or current R&O in effect at time of Engineering plan submittal),and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.2.b-1. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. If site area and any offsite improvements required for this development exceed one-acre of disturbance, project will require a 1200-CN Erosion Control Permit. c. Detailed plans showing the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 07-20, Section 4.05.5, Table 4-1. Access shall be provided for maintenance of facility per R&O 07-20, Section 4.02.4. e. If use of an existing Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org f. If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute the District's approval of storm or sanitary sewer compliance to the NPDES permit held by the District. The District, prior to issuance of any connection permits, must approve final construction plans and drainage calculations. 114 City of Tigard T[G A R D Memorandum To: Hap Watkins From: Todd Prager Re: Scholls Commercial Center Date: March 17, 2011 As you requested I have provided comments on the "Scholls Commercial Center" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.040, Street Trees The required number of street trees is not proposed along the southeast frontage (adjacent to 12700 N. Dakota). A Type I adjustment is required to not plant the required number of street trees due to space constraints. a#al / �./ .4 ik1t Q� �.f f t/�'' 7 18.745.050, Buffering and Screening wile— T/5j - e-4-1414-414.1. tee-" ' 1 ' ''' B. Buffering and screening requirements. This tree planting portion of this criterion appears to have been met. E. Screening:special provisions. 1. Screening and landscaping ofparking and loading areas: a. Screening ofparking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off- street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect;and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Additional parking lot trees are required to meet the "one tree for every seven parking space" requirement. One tree adjacent to 12744 and one tree adjacent to 12700 N. Dakota is required. U iii4 DMZ of`' tiit,41/.9-tUS�r e//iE/;15. Brie s>y�s� j' 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination oflots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. A tree plan has been provided by the applicant, but does not contain all of the required elements. "ivietini �iG�1� � � / f, - 67A J4i5 re. ocfie Z B. Plan requirements.TheJtree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; The tree plan does not identify all existing trees over six inch DBH. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention ofless than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in cabper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inch s in caliper requires no mitigation. 9p 04 /y,>�1"0 Gi��i � s? No specifications or calculations of existing trees to be retained/removed have been provided. 3. Identification of all trees which are proposed to be removed; One seven inch DBF street tree to be removed, and one hazardous poplar tree removed within one year of application have been identified. /'0����� r2��d� 6) 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. No protection program has been inlcuded. 4€4,06U4 p/4/AOYir-/- /"-e4//- Pj9s " B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure this requirement is met. RECOMMENDED CONDITIONS OF APPROVAL Street Trees Condition required number of street trees along the southeast frontage (adjacent to 12700 N. Dakota) or condition a Type I adjustment. V Parking Lot Trees Condition required number of parking lot trees. One tree adjacent to 12744 and one tree adjacent to 12700 N. Dakota is required. Tree Plan Condition a complete tree plan which fully accounts for all trees to be preserved, all trees to � ) be removed, any mitigation requirements, and any tree protection specifications to be �; implemented during the course of development. Any tree protection specifications shall be included in the plan set to scale per the project arborist's recommendations. The applicant shall position fencing as directed by the project arborist. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Deed Restriction Prior to final acceptance by the City, the applicant/owner shall record deed restrictions to itthe effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. MEMORANDUM CITY OF TIGARD, OREGON DATE: March 17, 2011 ///`//(f TO: Hap Watkins, Assistant Planner //14 T FROM: Gus Duenas, Development Engineer h� l RE: SDR2011-00001 Scholls Commercial Center Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. N/A. There are no changes proposed to the existing driveways. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. N/A Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. N/A. No changes to driveways proposed. ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 1 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030E and Figure 18.810.1 require a 7-lane arterial to have right-of-way varying from 124 feet to 128 feet. Other improvements required include sidewalks, bike lanes, underground utilities, street lighting, storm drainage, planter strips and street trees. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. There are no future streets or extensions of streets through this development. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 2 connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. N/A Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb, and • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. N/A Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. N/A Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 3 adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. N/A Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. N/A Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 4 topographical constraints, existing development patterns, or strict adherence to other standards in the code. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. N/A Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. N/A Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. N/A Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. N/A Storm Drainage: ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 5 General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Existing detention system is compromised by accumulation of leaves and blockage created by backfill and a culvert installed in the system. The viability of the existing system needs to be evaluated and certification is needed with supporting calculations that the system is still adequate for the existing developments on the property. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. No bikeways,bike lanes, or pedestrian pathways are required as part of this project. Utilities: ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 6 Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. • A ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: • \ ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 7 Fire and Life Safety: Tualatin Valley Fire and Rescue (TVF&R) is the service provider for fire and emergency services. Public Water System: N/A Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. (For Private Facilities) To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. (For privately maintained Stormwater Management Units) The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Storm water quality treatment is required. The existing system in its present condition is not functioning as a water quality treatment facility. There is a large accumulation of leaves covering the existing system and no evidence of plantings in the deep swale. The facility has to be cleaned out, restored and made functional. Water quality calculations to verify the adequacy of the restored system must be submitted as part of this restoration. ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 8 A water quality facility maintenance plan is required as part of the submittal for a PFI permit. That plan shall include maintenance of the facility in accordance with the type of facility and Clean Water Services (CWS) requirements. The construction of the facility shall be monitored by a professional engineer. After construction that engineer shall provide written certification that the facility has been constructed in accordance with the approved plans. After completion of the water quality facility, the applicant shall enter into an agreement with the City for future maintenance of the facility. This agreement will be recorded and the City will be monitoring the facility periodically to ensure compliance with the terms of the agreement. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. (Grading plan for subdivisions) A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 9 determining if special grading inspections and/or permits will be necessary when the lots develop. An erosion control permit is needed to cover the work on the water quality and detention facility. The applicant should submit an erosion control plan as part of the Public Facility Improvement (PFI) permit application. The erosion control permit will be issued as part of the PFI permit. Site Permit Required: A site permit does not appear to be required for this project. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to site permit. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. N/A Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCEMENT OF ANY WORK ON THE SITE: Submit to the Community Development Department (Gus Duenas, 503-718-2470, for review and approval: A Public Facility Improvement (PFI) permit is typically required to cover half-street improvements, sanitary sewer, easement restoration and any other work in the public right-of-way or easement. The PFI also includes any work for on-site detention and on- site water quality treatment. ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 10 The water quality and detention system needs to be restored to full functioning capability. Final plans and calculations for the water quality and detention facility shall be submitted as part of the PFI application to the Development Engineer (Gus Duenas) for review and approval prior to issuance of the PFI. The facilities, while private, will be inspected by the City after restoration for conformance to water quality and detention requirements. In addition, a proposed maintenance plan for these facilities shall be submitted along with the plans and calculations for review and approval. No work shall commence on site until all permits are issued. Six (6) sets of detailed plans covering the proposed work on the water quality treatment and detention facilities shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the construction phase. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL iNSPECTION OF THE SITE WORK: Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval: Prior to final inspection of the site work, the applicant shall complete the restoration of the water quality and detention facilities. The applicant's engineer shall submit documentation to the Development Engineer certifying that the facilities have been restored in accordance with CWS standards. Prior to final inspection of the site work, the applicant shall enter into an agreement with the City on City-furnished forms for maintenance of the private water quality and detention facilities on-site. That agreement will be recorded and the City will be ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 11 periodically monitoring the facility in the future for compliance with the terms of the maintenance agreement. Prior to final inspection of the site work, the applicant shall provide the City with as- built drawings of the water quality and detention facilities as follows: 1) 3 mil mylar, 2) a disk of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). ENGINEERING COMMENTS SDR2011-00001 Scholls Commercial Center PAGE 12 Hap Watkins From: Brian Rager Sent: Wednesday, March 23, 2011 1:52 PM To: Hap Watkins Subject: SDR 2011-00001, Scholls Commercial Ctr No comments from PW. Thanks, Brian D. Rager Assistant Public Works Director Public Works Department Direct: 503-718-2471 E-mail: brianr(a,tigard-or.gov Public Works: Taking Care of Our Community DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 lig ._ ' CITY OF TIGARD TIGARD REQUEST FOR COMMENTS DATE: March 16.2011 TO: Jim Wolf, Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Hap Watkins.Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2788 E-Mail: hap @ tgard-or.gov SITE DEVELOPMENT REVIEW (SDR) 2011-00001/PARKING ADJUSTMENT (VAR) 2011-00003 - SCHOLLS COMMERCIAL CENTER - REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60% compact parking. LOCATION: 12700, 12730&12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial (C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, ie., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. And C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants,in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre,i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 30, 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: / ✓_ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: — IName&Number of Person Commenting: 3 V�0\ec *-1,510k IN RECEIVED CITY OF TIGARD REQUEST FOR COMMENTS MAR 18 201i WP,SHW(3rnni'" OPERATIONS/MAINTENANCE DATE March 16,2011 TO: Naomi Vogel-Beattie,Washington County Department of Land Use&T 't' , VED FROM City of Tigard Planning Division MAR 1 8 2011 STAFF CONTACT: Hap Watkins,Assistant Planner CITY Phone: (503) 718-2440 Fax: (503) 718-2788 E-Mail: ha. 7 Y��TIGAgp• , WEEPING SITE DEVELOPMENT REVIEW (SDR) 2011-00001/PARKING ADJUSTMENT (VAR) 2011-00003 - SCHOLLS COMMERCIAL CENTER - REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60% compact parking. LOCATION: 12700, 12730&12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial (C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. And C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre,i.e.,equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 30. 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: NIS sk. �� ��! . t� ' -■∎ %Obi ..e■ - $ Name &Number of Person Commenting: K\331"---> &DI( I 1 CITY OF TIGARD TIGARD REQUEST FOR COMMENTS DATE: March 16,2011 TO: Todd Prager,Associate Planner/Arborist FROM: City of Tigard Planning Division STAFF CONTACT: Hap Watkins.Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2788 E-Mail: hap(a)tigard-or.gov SITE DEVELOPMENT REVIEW (SDR) 2011-00001/PARKING ADJUSTMENT (VAR) 2011-00003 - SCHOLLS COMMERCIAL CENTER - REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60% compact parking. LOCATION: 12700, 12730&12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial (C-P). ZONES: C-N: Neighborhood Commercial District The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. And C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants,in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre,i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 30, 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _✓ Please refer to the enclosed letter or email. Written comments provided below: — Name&Number of Person Commenting. •111 . City of Tigard T I G A R D Memorandum To: Hap Watkins From: Todd Prager Re: Scholls Commercial Center Date: March 17, 2011 As you requested I have provided comments on the "Scholls Commercial Center" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.745.040, Street Trees The required number of street trees is not proposed along the southeast frontage (adjacent to 12700 N. Dakota). A Type I adjustment is required to not plant the required number of street trees due to space constraints. 18.745.050, Buffering and Screening B. Buffering and screening requirements. This tree planting portion of this criterion appears to have been met. E. Screening:special provisions. 1. Screening and landscaping ofparking and loading areas: a. Screening ofparking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off- street parking areas from the public right-of-way; r , (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect;and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Additional parking lot trees are required to meet the "one tree for every seven parking space" requirement. One tree adjacent to 12744 and one tree adjacent to 12700 N. Dakota is required. 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. A tree plan has been provided by the applicant, but does not contain all of the required elements. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; The tree plan does not identify all existing trees over six inch DBH. 2 Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. No specifications or calculations of existing trees to be retained/removed have been provided. 3. Identification of all trees which are proposed to be removed; One seven inch DBF street tree to be removed, and one hazardous poplar tree removed within one year of application have been identified. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. No protection program has been inlcuded. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure this requirement is met. RECOMMENDED CONDITIONS OF APPROVAL Street Trees Condition required number of street trees along the southeast frontage (adjacent to 12700 N. Dakota) or condition a Type I adjustment. Parking Lot Trees Condition required number of parking lot trees. One tree adjacent to 12744 and one tree adjacent to 12700 N. Dakota is required. Tree Plan Condition a complete tree plan which fully accounts for all trees to be preserved, all trees to be removed, any mitigation requirements, and any tree protection specifications to be implemented during the course of development. Any tree protection specifications shall be included in the plan set to scale per the project arborist's recommendations. The applicant shall position fencing as directed by the project arborist. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. I Deed Restriction Prior to final acceptance by the City, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. 1 . 1 * •:11111 CITY OF TIGARD TIGARD REQUEST FOR COMMENTS DATE: March 16.2011 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Hap Watkins,Assistant Planner Phone: (503) 718-2440 Fax: (503) 718-2788 E-Mail: hap(&,tigard-or.gov SITE DEVELOPMENT REVIEW (SDR) 2011-00001/PARKING ADJUSTMENT (VAR) 2011-00003 - SCHOLLS COMMERCIAL CENTER - REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60% compact parking. LOCATION: 12700, 12730& 12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial (C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. And C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 30, 2011. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting. CITY OF TIGARD REQUEST FOR I TENTS ✓ P NOTIFICATION LIST FOR LAND USE 8 COMMUNITY DEVELOPMENT APPLICATIONS > I FILE NOS.: .0 I —40.0i FILE NAME: ,/ Ai ,a> i I/ A /f fCITY OFRCES / _C.D.ADMINISTRATIOWRon Bunch,CD Director P X DEVELOPMENT SERVICES/Todd Prager,Assoc.Planner/Arborist _PUBLIC WORKSfTed Kyle,City Engineer[ . r C.O.ADMINISTRATION/Susan Hartnett,Asst.CD Director P BUILDING DIVISION/Mark VanDomelen,Building Official _HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION'Cathy Wheatley,City Recorder P POLICE DEPARTMENT/Jim Wolf.Crime Prevention Officer PLANNING COMMISSION(+12 sets) DEVELOPMENT SERVICES/Planning-Engineering Techs.Q PUBLIC WORKS/Brian Rager,Assistant PW Director s r X FILE/REFERENCE(+2 sets) L t X DEVELOPMENT SERVICES/Gus Duenas,Development Eng _PUBLIC WORKS/Steve Martin,Parks Manager X p n Vet' P--•411:e44)4-d-f SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.* *TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* ZC CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road Drew DeBois,Deputy Fire Marshall II/CFI 1850 SW 170th Avenue David Schweitzer/SWM Program 2 Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway / Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS .L\Planning Manager Planning Manager Elizabeth Ruther,Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks,Dev.Svcs Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd._ Joanna Mensher,Data Resource Center(ZCA-Adopted) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Copperstone,(ZCA-RFC Only) _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWS Letter Only) _ O.Gerald Uba, Ph.D..(cPA/DCA/zoN) Mara Ulloa(Comp Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY * 635 Capitol Street NE,Suite 150 PO Box 2946 3/' City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 J 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powerlines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Naomi Vogel-Beattie(General Apt Lake Oswego,OR 97034 rent Curtis(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Assessment&Taxation(ZCA)MS s _CITY OF PORTLAND (Notify for Wetlands and Potential Enwonmental Impacts) _Development Review Coordinator _Dona Mateja,Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 y� OR.PARKS&REC. DEPT. _WA.CO.CONSOL.COMM.AGNCY t"ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"Nampa.rowers) Chad Gordon,Assistant District Manager (Notify if ODOT 17/R-Hwy Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-l3t"Street,NE,Suite 3 725 Sumner St.NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES —PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell, President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. XTRI-MET TRANSIT DVLPMT. I r Clifford C. Cabe,Construction Engineer Debra Palmer(Annexations only) Gerald Backhaus(s.Map or Area Contact) (If Project is Within'A Mee of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place, S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev(s«M.pn.A,..coM. ) Brian Every Nan eelHavupreaw 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h\patly\masters\Request For Comments Notification List doc (UPDATED' 22-Feb-11) (Also update.i\curpin\setupUebels\annexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this document) MAILING / NOTIFICATION RECORDS • AFFIDAVIT OF MAILING ■ TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: (axck N,Pn n I1ox(0 Hann © NOTICE OF DECISION FOR: SDR2011-00001/VAR2011-00003—SCHOLLS COMMERCIAL CENTER PARKING (1*No./Name Reference) E 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 April 29.2011,and deposited in the United States Mail on April 29.2011,postage prepaid. I /.. 1 iii/, G (Person that 1' • • Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the O) day of L ,2011. :- OFFICIAL SEAL IHL?REAT MAW PURJC•OREGON •`0/ C01i_ _ONNM469548 w .• JULY OS MI5 l`s1V�-rte.( NOTARY PUB OF OREGON My Commission Expires: 71 to(IS • EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2011-00001 _ SCHOLLS COMMERCIAL CENTER PARKING TIGARD 120 DAYS = 07/12/2011 SECTION I. APPLICATION SUMMARY FILE NAME: SCHOLLS COMMERCIAL CENTER PARKING CASE NO.: Site Development Review (SDR) SDR2011-00001 Variance (VAR) VAR2011-00003 PROPOSAL: The applicant requests Site Development Review approval to install 8 new compact parking spaces, add a recyclable materials storage area, remove two 7 inch (dbh) trees, and adjust the parking island to increase the aisle width. The applicant also requests a Variance to allow 60%compact parking. OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy and Associates 1430 Eastside Road 9875 SW Murdock Street Hood River, OR 97031 Tigard, OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 LOCATION: 12700 SW North Dakota Street; WCTM 1S133AD, Tax Lots 16000, 16100, and 16200. ZONES: C-N Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly, for which comparison buying is not required, and which can be sustained in a limited trade area. Such uses include convenience markets,personal services, and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, CRITERIA: 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 1 of 20 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A SITE PERMIT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: HAP WATKINS, 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work provide a tree plan which fully accounts for all trees to be preserved (trees 6 inch dbh or greater), all trees to be removed, any replacement trees, any mitigation requirements, and any tree protection specifications to be implemented during the course of development. 2. Prior to site work provide legal documentation showing agreements for joint use of the access drive and the parking spaces. 3. Provide a revision to the site plan that shows 5 bicycle parking spaces. 4. Provide revised plans that show one new street tree on each of the two street frontages, two screening trees, six mitigation trees, 8 evergreen hedge plantings,and one replacement tree. 5. Provide revised plans that show a wall 6 feet above the parking surface for a distance of 95 feet. 6. Revise plans to include shielding of all lights on the west side of the project. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: GUS DUENAS, 503-718-2470. The cover letter shall clearly identify where in the submittal the required information is found: 7. A Public Facility Improvement (PFI) permit is required to cover half-street improvements, sanitary sewer, easement restoration and any other work in the public right-of-way or easement. The PFI also includes any work for on-site detention and on-site water quality treatment. 8. The water quality and detention system needs to be restored to full functioning capability. Final plans and calculations for the water quality and detention facility shall be submitted as part of the PFI application to the Development Engineer (Gus Duenas) for review and approval prior to issuance of the PFI. The facilities, while private, will be inspected by the city after restoration for conformance to water quality and detention requirements. In addition, a proposed maintenance plan for these facilities shall be submitted along with the plans and calculations for review and approval. No work shall commence on site until all permits are issued. 9. Six (6) sets of detailed plans covering the proposed work on the water quality treatment and detention facilities shall be submitted for review to the Development Engineer. PFI permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 10. An erosion control plan shall be provided as part of the PFI permit drawings. The plan shall conform to Clean Water Services Design and Construction Standards (Resolution and Order No. 07-20) Chapter 2. 11. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporatc entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Development Engineer will delay processing of project documents. 12. The applicant shall provide a construction vehicle access and parking plan for approval by the city Engineer. The purpose of this plan is for parking and traffic control during the construction phase. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 2 of 20 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: HAP WATKINS, 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 13. Call for final inspection prior to final site inspection by the building department. 14. Prior to final acceptance by the city, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6 inch diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if all the trees preserved in accordance with this decision should either die or be removed as hazardous trees. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: GUS DUENAS, 503-718-2470. The cover letter shall clearly identify where in the submittal the required information is found: 15. Prior to final inspection of the site work, the applicant shall complete the restoration of the water quality and detention facilities. The applicant's engineer shall submit documentation to the Development Engineer certifying that the facilities have been restored in accordance with CWS standards. 16. Prior to final inspection of the site work, the applicant shall provide the city with as-built drawings of the water quality and detention facilities as follows: 1) 3 mil mylar, 2) a disk of the as-builts in "DWG" format,if available; otherwise "DXF"will be acceptable,and 3) the as-built drawings shall be tied to the city's GPS network. The applicant's engineer shall provide the city with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 17. Prior to final inspection of the site work, the applicant shall complete the restoration of the water quality and detention facilities. The applicant's engineer shall submit documentation to the Development Engineer certifying that the facilities have been restored in accordance with CWS standards. 18. Prior to final inspection of the site work, the applicant shall enter into an agreement with the City on city-furnished forms for maintenance of the private water quality and detention facilities on- site. That agreement will be recorded and the city will be periodically monitoring the facility in the future for compliance with the terms of the maintenance agreement. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Staff conducted a search of city records for the subject property and found that a Site Development Review (SDR94-00014) was approved for a bank building, veterinary clinic, and office/retail building for which 62 parking spaces were designed, 32 standard and 30 compact spaces (all the spaces on the east side and in the center island did not comply with the minimum design for standard spaces due to the increased width of the landscape island). One eating and drinking establishment was approved in the office retail building in 1995 (Boston Market) and was the maximum allowed for the C-P zone. In 1996 lots 1 and 3 were re-zoned to C-N (LON95-00007 and CPA95-00005, appealed, upheld, effective December 9, 1996) SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 3 of 20 and in that same year a Conditional Use Permit (CUP96-00007) was approved for Starbuck's Coffee. At that time 2,145 square feet of space was vacant and the other tenants'parking demand was 58 spaces. In 1999 a Minor Modification (MMD1999-00014) was approved to construct 5 new compact parking spaces and re-design the adjacent aisle using 2 existing spaces, for a total of 65 with 32 standard and 33 compact spaces,however, the center island was not modified as approved. Apparently,in 2006 a Quizno's eating andpdrinkingg establishment began operations without benefit of land use review which would have been a Conditional Use Review requiring substantial additional parking. The resulting parking demand resulted in many employees of the center parking in the adjacent residential neighborhood. The neighbors complained about this situation to the owners over the next few years. In 2010 an official complaint was received from the neighboring HOA regarding the Quizno's business and its lack of approved status. In 2010 the owners constructed 5 additional,non-complying compact spaces on the west boundary behind the bank without first applying for land use review and approval.During this construction a 7 inch caliper (dbh) tree was removed and the spaces were built in what was a 20 foot setback required in the former C-P zone. The minimum setback in the current C-N zone can be as little as 6 feet with certain code required buffering and screening. An approximately 45 inch multi-trunk poplar tree was also removed, which generated another official complaint regarding the loss of screening and work without a permit,the 5 new spaces. Proposal Description: The applicant requests Site Development Review approval to construct eight compact parking spaces, 5 installed without review and three new ones. The request includes addition of a recyclable materials storage area,removal of two 7 inch (dbh) trees,restoring the water quality facility,and adjusting the parking island to increase the aisle width.The applicant also requests a Variance to allow 60%compact parking. Vicinity Information: The subject site is located at the intersection of SW Scholls Ferry Road and SW North Dakota Street on the west side. The property is zoned C-P and C-N with properties to the south and west zoned R-7(PD). SECTION IV. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal,and be given an opportunity to provide written comments and/or oral testimony prior to a decision being made. In addition, staff posted a notice centered on the frontage of the site visible from the street. The city received written comments from three parties, the adjacent neighbor, a member of the home owners association and the president of the home owners association. The neighbor's issues applicable to this project are loss of a 45 inch poplar tree and its screening of noise and glare, construction of parking spaces to within 6 feet of his fence causing offensive odor and noise, and construction in what he believed was a perpetual 20 foot buffer zone. The other member of the home owners association commented on traffic congestion on North Dakota Street between the driveway and Scholls Ferry Road. She also had concerns about a floodlight on the west side of the veterinary clinic not being shielded from her property and whether or not a traffic study will be required. The president of the home owners association stated he was in favor of a variance for parking stall ratio and expressed concerns that this might satisfy parking requirements for converting existing retail/office space to an eating and drinking establishment. He also had concerns about traffic congestion as mentioned before. He is most concerned about adequate screening and buffering west of the bank meeting city standards, though he mentioned there is no loading zone on the site and trucks park in the center lane of North Dakota Street. RESPONSE TO COMMENTS: As reported by the applicant, the poplar tree was in questionable health and had dropped limbs in the past and after having it surveyed by a landscape contractor decided to remove it. It was not in the area he planned to construct parking spaces. The tree was not deed protected, and was not required by previous SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 4 of 20 land use review. The applicant plans to replace the screening aspect with arbor vitae and trees. The lights that shine into the adjacent property will be shielded. The 20 foot setback was a standard but not a condition of a roval in 1994 between a C-P zone and a residential zone. The commercial property was re-zoned in 1995 (effective in December 1996) to C-N, neighborhood commercial,which allows as little as 6 feet for a buffering setback under certain standards. The applicant is proposing an alternative landscape plan to the C-3 buffer standard. This is addressed later in this decision. The congestion at the intersection of Scholls Ferry Road and North Dakota Street should not be affected by this application, as there is no increase in the size or intensity of uses of the occupancies or changes that result in increased traffic or parking; therefore, no traffic study is required. The light on the west side of the veterinary clinic will be shielded. There is no application for land use review for Conditional Use to convert retail/office space to eating and drinking establishment, as the parking requirements cannot support the change in use (approximately a net increase of 20 parking spaces.) The original Site Development Review did not require a loading zone, and the site would not support one at this time, due to existing parking and building configurations. Comments regarding the proposed adjustment to the ratio of compact to standard parking spaces were general in nature and supportive. Findings approving an adjustment of a lesser amount than the applicant requested can be found in Section VI, subsection B,Variances and Adjustments, below. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A. Zoning Districts 18.520 Commercial Zoning Districts B. Variances and Adjustments 18.370 Variances and Adjustments C. Applicable Development Adjustments Standards 18.705 Access Egress and Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Tree Removal 18.795 Visual Clearance D. Specific Site Development Review Approval Criteria 18.360 Site Development Review E. Street and Utility Improvement Standards 18.810 Street and Utility Improvement Standards F. Impact Study 18.390 Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA A. ZONING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the C-N Neighborhood Commercial District. This application addresses numerous issues at this site,including: • Development without land use review; • Replacement of trees removed or not maintained that were required by a previous decisions; • Mitigation of trees removed as part of this project; • Completion of revisions to arking layout previously approved; • Restoring the water quality facility;and • Adjustment to the parking ratio between compact and standard parking spaces. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 5 of 20 Development Standards: Section 18.520.040.B states that development standards in commercial zoning districts are contained in Table 18.520.2: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-N Proposed Minimum Lot Size 5,000 sq ft 57,044 sq ft -Detached unit - -Boarding,lodging,rooming house - Minimum Lot Width 50 ft App 255 ft Minimum Setbacks -Front yard 20 ft 1 ft(existing) -Side facing street on corner&through lots 20 ft 20 ft -Side yard 0/20 ft(8) 20 ft -Side or rear yard abutting more restrictive zoning district - - -Rear yard 0/20 ft(8) 30 ft -Distance between front of garage&property line abutting a public or private - - street. Maximum Height 45 ft 30 ft Maximum Site Coverage 85% 80% Minimum Landscape Requirement 15% 20% FINDING: As demonstrated in the table above, the proposed development complies with the underlying zone development standards. B. VARIANCES AND ADJUSTMENTS Variances and Adjustments (18.370) The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown than owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The proposal requests approval of increasing the ratio of compact to standard parking spaces from 50 percent to 60 percent.There are 33 existing compact spaces which are 50.8 percent of the total 65 spaces. Six of the requested additional compact spaces can be approved for 39 of 71 spaces, or 54.9 percent compact. An increase of less than 5 percent is expected to have no materially detrimental impact to the purposes of this title, its policies and standards, or to other properties in the same zoning district or vicinity. The additional spaces will help alleviate the current parking shortage and are intended to be day-long duration parking for bank employees.Traffic in that area will be minimal.This standard is satisfied. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; This site was developed in 1995 under much less stringent parking regulations and has a history of lack of adequate parking and complaints from the neighborhood about employees parking on residential streets. The owners developed 5 compact parking spaces without benefit of land use review.These spaces do not comply with city standards and must be adjusted. These 5 spaces and one additional space could have been approved under current zoning regulations. Were it not for the fact that 28 existing spaces are not in compliance with the dimensions of standard spaces, a variance for increased ratio would not be necessary. These 28 spaces became non-compliant when the center parking layout between the bank and North Dakota Street was amended to include a landscape island. The change to the spaces was slight and not noted by inspection at the time. The owners were not aware of SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 6 of 20 this until recently when site development review was required. The result was the owners were not aware of the non-compliance and seek to resolve the issues to the extent feasible. The standard for special circumstances is satisfied. c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Accessory parking is an approved use and city standards will be maintained to the greatest extent possible while permitting reasonable economic use of the land. A literal interpretation of the code would cause an unnecessary financial hardship were the 5 spaces to be removed.This standard is satisfied. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The water quality facility will be improved through reclamation efforts such as cleaning out debris,additional plantings and an improved filter medium. It will be reviewed by Clean Water Services for adequacy and monitored by the city's development engineer. Traffic and parks will not be impacted and there are no dramatic land forms. Therefore,this standard is satisfied. e.The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The 6 spaces would not have needed a variance as explained in paragraph (b.) above and these six spaces are the minimum solution which can be approved to allow additional parking and allow reasonable use of the land. The re-construction of the recent added parking area to meet code involves work in the area of the requested additional spaces nearest the gate and could rationally be included in a new six space section. However, the spaces requested at the north and south ends of the west parking are self-imposed hardships and unnecessarily add to the imbalance of the parking ratio. FINDING: It is reasonable to include a sixth space as part of the re-construction to maximize the use of the property considering the screening and buffering that must be accomplished at this location for the 5 spaces which must be re-configured. On the other hand, it is not reasonable to develop a new, unrelated space north of the group of 5 spaces, as it is at the property line and not screened from Scholls Ferry Road. It would also increase the ratio differential between compact and standard parking spaces and must be considered a self-imposed hardship. Likewise, converting three standard spaces to compact would increase the ratio differential even further by adding 4 compact spaces and losing 3 standard spaces. Developing asphalt parking to add this parking space within 1-2 feet of a tree could be injurious to the tree and is also a self- imposed hardship. Staff approves the construction of 6 compact parking spaces,but not the new space at the north end of the west property line or the conversion of the standard spaces on the west side of the parcel just north of the veterinary clinic. The new ratio of compact to standard spaces is 39 of 71, 54.9 percent of the overall total and a 4.1 percent increase over the existing ratio. CONCLUSION: The criteria for a variance to increase the ratio of compact spaces have been satisfied except the number of new spaces requested shall be reduced from 8 to 6. Two have been disallowed due to being self-imposed hardships. C. APPLICABLE REVIEW CRITERIA Access, Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 7 of 20 Access and egress changes have not been proposed, however circulation will be improved by re-developing the north end of the parking island to allow a wider aisle for safer transiting of the parking lot. Therefore, this standard has been satisfied. Walkways: 18.705.030(F) requires that on-site pedestrian walkways comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; There are existing walkways between the buildings and to the public sidewalks at both adjacent streets that are consistent with this standard. No changes are proposed. Therefore,this standard is satisfied. Access Management: Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the city and AASHTO. A Transportation Impact Analysis was prepared by Mackenzie Engineeringg, dated July 27, 1994, which was reviewed with SDR94-00014 and later the same report was reviewed with CUP96- 0007. Since that time no use has been approved that requires a new traffic study or development of additional parking. All of the approved uses at this site are the same as those reviewed in and prior to 1996. This application is simply to review the voluntary addition of some parking spaces, not to approve a more intensive use, so a new traffic study will not be required. Therefore, this standard is satisfied. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the pro osed driveway. The setback may be weater depending upon the influence area, as determine& from city Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage? the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. No changes are proposed for the existing approved driveway.This standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030 provides the minimum access requirements for commercial and industrial uses: Table 18.70 .3 indicates that the required access width for developments with fewer than 100 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The applicant's site plan shows an existing shared access that meets the dimensional requirements and no changes are proposed. This standard does not apply. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors glare and heat,and insects and rodents. Noise: For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of ni the Tigard Municipal Code shall apply. Visible Emissions: Within the commercial zoning districts and the industrial park (IP) zoning SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 8 of 20 district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam)which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration: No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors: The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat: No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents: All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed use is accessory parking and recyclable materials storage area which are permitted outright within the C-N zone. Based on the provision of adequate screening and shielding of lights, addressed further in this decision under 18.745 (Landscaping and Screening), and the fact that the proposed use will not generate noise, visible emissions, odors, glare and heat, or harbor insects and rodents, this standard is satisfied. Landscaping and Screening(18.745): Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.C. Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small,medium or large). The applicant has provided a site plan reflecting landscaping and tree plantings for mitigation of trees that were removed and replacement trees for those lost or not installed per the original SDR94-00014. That review showed seven street trees along Scholls Ferry Road, five of which were 7lanted. One new street tree will be planted along the Scholls Ferry Road frontage. The frontage along North Dakota Street showed seven street trees in the original SDR94-00014, four of which were panted. One street tree will be planted at the north peninsula of the east parking area. This completes the street tree requirement to the greatest extent possible.With these plantings as a condition of approval the street tree standard can be satisfied. Buffering and Screening: Section 18.745.050 states that buffering and screening is required to reduce the impacts on adjacent uses which are of a different type. Buffering and/or screening are required for dissimilar uses. The subject site is zoned C-N and is bordered on the west and south by an R7(PD) residential zone.When the site first developed it was zoned C-P and required a 20 foot buffer on the south and west boundaries. It was re-zoned in 1996 to C-N and this zone allows as little as 6 feet for a buffer under certain conditions. The applicant has chosen to submit an alternative buffering and screening plan as provided in TDC18.745.050.A.3. This alternative is similar to the C-3 buffer standard required and in some respects exceeds the standard. The alternative addresses two issues that differ from the standard, width and length of the wall. Standard lumber dimensions dictate that a two sided wall with 4 inch structural and 1 inch surface lumber totals 5 inches overall. The top of the wall will be 6 feet above the parking surface it is to screen as stated in the code standard. The length of the wall effectively screens the source of noise and glare from the parking area at the 95 foot length proposed. At that point the buffer returns to 20 feet or more.The lights on the west side of the bank are proposed to be shielded, but the narrative and plan did not show shielding of the light on the west side of the veterinary clinic. With a condition of approval for shielding of lights,this standard can be satisfied. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 9 of 20 Screening Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7)parking spaces m order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. One parking area tree has been lost since the original development and will be replaced with a 2 inch dbh tree at the south peninsula of the bank frontage parking area. Eight arbor vitae will be planted at the west buffer area where the large poplar was removed and two screen trees will be planted there as well. One 7 inch caliper dbh tree has been removed for the new parking spaces and will be replaced with three 2 '/z inch dbh mitigation trees; one parking island tree, one tree at the northwest corner of the parcel, and one tree north of the bank. A second 7 inch street tree will be removed for the recyclable materials area and three 2 1/2 dbh mitigation trees will be planted; one in the parking island and two additional street trees on North Dakota Street. The original review called for more street trees than were planted, and one more street tree will be planted on each of the two frontages. Two new screen trees and 8 arbor vitae are proposed for the buffer at the west property line. These plantings will screen the parking area to the greatest extent possible. As a condition of approval,this standard can be satisfied. Screening Of Service Facilities: Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; There is adequate information provided in the plans that establish adequate screening of facilities. Therefore, this standard is satisfied. Screening of Refuse Containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The applicant has addressed acceptable screening of the proposed recyclable materials area as shown on the site plan and described in the narrative as a 6 foot wood fence.Therefore,this standard is met. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick- up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant has submitted a statement from Waste Management (email) that states the location of the recyclable materials facility is satisfactory and has approved curbside pick-up.Therefore, this standard is met. Location Standards. To encourage its use, the storage area for source-separated recyclables shall be co-located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 10 of 20 areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. There is an existing refuse container enclosure that complies with code requirements. Therefore, this standard has been satisfied. Off-Street Parking and Loading(18.765): Location of vehicle parking: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the Tspaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; he 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. The parking lot associated with this project is directly adjacent to the existing buildings. Long term parking is not proposed. This standard is satisfied. Joint Parking: Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. The site consists of three parcels and was reviewed as a single project as stated in SDR97-00014. There are two owners and the application and warranty deed provided did not include the required legal evidence that defines joint use parking agreements. A condition of approval can satisfy this standard. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; 3) Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.1)60; 4) The maximum parking allowance shall be 150% of the total minimum parking as calculated above. This mixed-use site has eating and drinking establishments, personal services, financial institution,veterinary clinic, and retail/office uses. The parking minimum calculated at the rate required at the time of the original land use review is 63 spaces. The code at that time did not provide for mixed-use parking reduction. Therefore, this standard does not apply. Preferential Long-Term Carpool/Vanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 11 of 20 employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The parking associated with this mixed-use site is currently comprised of 65 spaces and does not provide long term parking. Therefore,this standard does not apply. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. The site plan shows three existing code compliant parking spaces for the disabled, meeting the required ratio as stated in ORS447.223.This standard is satisfied. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off- street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The existing approved access drive meets the requirements of Chapter 18.705, is clearly marked, and is designed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. The visual clearance area has not changed and no backing movements are required to access the right of way. Therefore this standard is satisfied. Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. There are no drop-off grade separated areas within the parking area. This standard does not apply. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces will be clearly marked with striping, consistent with this standard. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant's site plan shows complying wheel stops and protective curbs. Vehicle overhang has not been included in the landscape area calculations. Therefore, this standard is met. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 12 of 20 Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space"; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. No more than 50% of the required spaces may be compact spaces. There are 32 standard parking spaces that comply with dimensional standards. There will be 39 spaces that are deemed to be compact spaces, although 28 of those are considerably larger than the minimum compact dimensions. The aisle widths in some areas are slightly less than the dimensional standard, however, given the space available the aisles cannot be brought to full width. The north end of the center island will be re- constructed to increase the aisle width from 15.6 feet to 23.3 feet, very near the code standard of 24 feet. The parking spaces and traffic aisles are designed to conform to code standards to the greatest extent possible. This standard is satisfied. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of lprimary entrances to structures; bicycle parking areas shall not be located within parking aisles, andscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The applicant's site plan shows bicycle parkin spaces at the southeast corner of the parking lot in front of the building. These spaces are not in the loading area, parking aisles, or landscaping area. Therefore, this standard is met. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 2'/2 feet by six feet long, and,when covered,with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has submitted plans showing bicycle parking spaces that are not in a vehicle parking area, loading area, landscape area, or vehicle circulation aisle and are in compliance with design standards. The spaces are of adequate size and have sufficient space.Therefore this standard is satisfied. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. The original land use review required 1 bicycle space for every 15 parking spaces required. The occupancy of the buildings at the time of review anticipated 60 parking spaces and 4 bicycle spaces were required. Sometime in the past the bicycle parking was removed and must be replaced with 5 bicycle parking spaces at this time, since the parking has increased. This is in keeping with the standards in effect at the time of the original land use review, TDC18.106.020.0.1., 1994 edition. This is one space more than shown on the plans or in the narrative. With this requirement as a condition of approval, this standard can be satisfied. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 13 of 20 Minimum Off-Street Parking: Section 18.765.070.H states the minimum and maximum parking shall be as required in Table 18.765.2. The calculated parking from the 1994 code standards is 63 for the three parcel site. That standard was in effect when the last land use review requiring parking calculations was approved in 1996. No subsequent changes have been approved. There are 65 approved spaces and an increase of 6 more spaces will not exceed the maximum allowed under that code. Current parking requirements for each use are not being calculated in this review.Therefore,this standard is satisfied. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. There is one building that is 12,083 sq. ft. in area, however, 3,593 sq. ft. is separated by a 2 hour fire wall on the property line between two parcels. This type of construction considers these areas as two separate buildings,therefore no building exceeds 10,000 sq. ft. and no loading space is required. There was no loading space on the approved plans for the original land use review.This standard is satisfied. Signs (18.780): Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the C-G Zoning District. The applicant's narrative states that no application for a sign permit is included with this submittal. Signage will be reviewed and permitted under a separate application.Therefore this standard does not apply. Tree Removal(18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. A tree plan and arborist's report has been provided by the applicant that addresses the removal of a 7 inch dbh red maple street tree and the protection of a 30 inch silver maple in the recyclable materials area. Another 7 inch development tree was removed during the lacement of the 5 compact spaces in 2010. The applicant is proposing to mitigate with 15 caliper inches of trees not required by other code provisions. All other trees on the site are to remain. With a condition of approval that the site plan reflect the tree plantings and tree protection zones be marked on the site plan,this standard can be met. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The plan reflects an existing approved access with appropriate visual clearance. No changes are proposed. Therefore, this standard is met. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 14 of 20 FINDINGS: The applicant has shown partial compliance with the requirements for tree planting and tree removal. The applicant must show the tree protection zones at construction areas and indicate the size, species, and location of mitigation, street, and screening trees on the site plan. The applicant must plant three 2 '/z inch dbh mitigation trees for each of the two 7 inch trees removed. The site is not in conformance with street tree requirements from the original land use review.The applicant must plant one street tree on each of the frontages of the site. The site does not reflect adequate parking lot trees. A missing required tree must be replaced and maintained. Mitigation trees may be added to enhance tree canopy in the parking area. The application did not include easements or a contract that shows joint use of the access or the parking spaces. The applicant must provide these documents prior to construction. The plans show 4 bicycle parking spaces. One space is required for each 15 parking spaces. Greater than 60 spaces require 5 bicycle parking spaces. Plan revision is required. CONDITIONS: Prior to site work provide a revised site plan for approval that shows all tree plantings. Mark each location with size and species and whether it is a screening tree, street tree, replacement tree or mitigation tree. Show tree protection in all areas where parking lot construction is to occur. Prior to site work provide legal documentation showing agreements for joint use of the access drive and the parking spaces. Provide a revision to the site plan that shows 5 bicycle parking spaces. CONCLUSION: Upon completion of the conditions mentioned above, the application will be in substantial compliance with Part C, Applicable Development Code Standards of this section. D. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval criteria not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and they are therefore found to be not applicable as approval standards: 18.360.090.A.2 (Relationship to the Natural Environment), 18.360.090.A.3 (Multi Family Exterior Elevations); 18.360.090.A.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.A.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.A.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.A.8 (100-year floodplain), 18.360.090.A.9 (Demarcation of Spaces) and 18.360.090.A.11 (Public Transit). The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.A.4 (Buffering, Screening and Compatibility Between Adjoining Uses); 18.360.090.A.12 (Landscaping); 18.360.090.A.13 (Drainage); 18.360.090.A.14 rovision for the Disabled); and 18.360.090.A.15 (Provisions and Regulations of the Underlying Zone). Crime Prevention and Safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 15 of 20 b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. Those areas most vulnerable to crime are well lighted as indicated on the site plan. The outdoor lights on the west side of the bank and the veterinary clinic are not shielded in a manner that light will not cross the property line. Replacing or shielding the existing fixtures is noted on the site plan. With a condition of approval that requires shielding of the lights on the west side of the project,this standard can be satisfied. FINDING: The lighting is adequate for safety; however, these lights must be shielded to prevent light from crossing the property line into a residential area. CONDITION: Revise plan to show shielding of all lights on the west side of the project from residential areas,including the veterinary clinic. CONCLUSION: Upon completion of the condition of approval for shielding all lights on the west side of the project together with the information on the site plan, tie application is in substantial compliance with Part D, Specific Site Development Review Approval Criteria, of this section. E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets,sewers, and drainage. The applicable standards are addressed below: The proposal contains no elements related to the provisions of the following and they are, therefore, found to be not applicable as approval standards: 18.810.030 (Access Management), 18.810.040 (Blocks), 18.810.050 (Easements), 18.810.060 (Lots), 18.810.070 (Sidewalks), 18.810.080 (Public Use Areas), 18.810.090 (Sanitary Sewers), 18.810.110 (Bikeways and Pedestrian Pathways),and 18.81 .120 (Utilities). Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The city Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the city Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 16 of 20 been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The city will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Existing detention system is compromised by accumulation of leaves and blockage created by backfill and a culvert installed in the system. The viability of the existing system needs to be evaluated and certification is needed with supporting calculations that the system is still adequate for the existing developments on the property. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: Changes of use or increases in demands for parking are not part of this review. A traffic study is not applicable. Fire and Life Safety: Tualatin Valley Fire and Rescue reviewed the application and had no comments. Public Water System: The City of Tigard is the service provider for water in this area and no changes are proposed. Storm Water Quality: The city has agreed to enforce Surface Water Management(SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. (For Private Facilities) To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Development Engineer with written confirmation that the water quality facility is in compliance with the design and specifications. (For privately maintained Stormwater Management Units) The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection,the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Storm water quality treatment is required. The existing system in its present condition is not functioning as a water quality treatment facility. There is a large accumulation of leaves covering the existing system and no evidence of plantings in the deep swale. The facility has to be cleaned out, restored and made functional. Water quality calculations to venfy the adequacy of the restored system must be submitted as part of this restoration. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 17 of 20 A water quality facility maintenance plan is required as part of the submittal for a PFI permit. That plan shall include maintenance of the facility in accordance with the type of facility and Clean Water Services (CWS) requirements. The construction of the facility shall be monitored by a professional engineer. After construction that engineer shall provide written certification that the facility has been constructed in accordance with the approved plans. After completion of the water quality facility, the applicant shall enter into an agreement with the city for future maintenance of the facility. This agreement will-be recorded and the city will be monitoring the facility periodically to ensure compliance with the terms of the agreement. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of city permits. An erosion control permit is needed to cover the work on the water quality and detention facility. The applicant should submit an erosion control plan as part of the Public Facility Improvement (PFI) permit application. The erosion control permit will be issued as part of the PFI permit. Address Assignments: The site has existing addresses,and no changes are proposed. This standard does not apply. Site Permit Required A site permit from the building department is required for this project. FINDING: Water quality calculations for the water quality facility were not submitted with the application. This criterion can be met conditionally. CONDITION: A water quality facility maintenance plan shall be submitted to the city as part the required Public Facility Improvement permit application. CONCLUSION: Upon completion of the condition mentioned above,the application will be in substantial compliance with Part E,Street and Utility Standards,of this section. F. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standard, and to minimize the impact of the development on the public at large, public facihties systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. This project will have no effect on public facilities and services and no dedication of property is required. The criteria for requiring an impact study do not apply. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 18 of 20 SECTION VII. OTHER STAFF COMMENTS City of Tigard Arborist: The city arborist has reviewed the proposal and his comments and conditions are incorporated into this decision in SECTION II. City of Tigard Building Division, Police Department, and Public Works: These city offices were provided the proposal documents and had no comments or conditions regarding this land use decision. City of Tigard Development Engineer: The development engineer reviewed the proposal and his comments and conditions are incorporated into this decision in SECTION II and SECTION VI. SECTION VIII. AGENCY COMMENTS Clean Water Services: Clean Water Services was provided a copy of the application documents and plans and responded by letter with comments. Applicable issues have been reviewed by the development engineer and conditions are listed in SECTION II of this decision. Tualatin Valley Fire and Rescue:TVF&R has reviewed the proposal and offered no comments. Oregon Department of Transportation: ODOT has reviewed the proposal and offered no comments. Tri-Met: Tn-Met has reviewed the proposal plans and narrative and had no comments. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 29,2011 AND BECOMES EFFECTIVE ON MAY 14,2011 UNLESS AN APPEAL IS FILED. A ealeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall B oulevard,Tigard,Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON MAY 13,2011. SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 19 of 20 Q est�ions: I you ou have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, o regon at(503) 6394171. 4, ii ,,,/ ,-//27//f PREPARED BY: Darr 517 ap"Watkins DATE Assistant Planner , zt/z7ii , Ai lia ''' A R D BY: Ronald B.Bunch IIATE Director of Community Development SDR2011-00001/VAR2011-00003 Scholls Commercial Center Parking Decision Page 20 of 20 y ' VICINITY MAP �_- Conestoga � R• - ® Sl fiddle : ..&ipz '� i �■ SDR2011-00001 . . A `� VAR2011-00003 �.W----1ff- _ ., ti SCHOLLS COMMERCIAL 7:7 lila .- - - 7.111"-. . . . - . IIIIII 4 giar, , , . .N, CENTER 7 — III, GALLOWAY CT 01111� •,tJ - - ,.; Subject Site _. w"--1.214111111111111 LN Wilg lictEvo-4"D$QY 1��� .1 ER LM i _�Ir 111101 {- \fir .«.1 -%�F.L^^. 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THE . feet iC` ' ". - IGAR� GPS 1312ard:of R97223d0 {) `J� M/1 503 -4171 e 'J�--� . `11 www.tidor.gov ncnKo . \/J\ rJ ` -$• {� w. 1 CITY OF TIGARD Approved ---•-•--i i Conditionally Approved......__.-_..-__--.----_()C'] For only the work as described in: PERMIT NO.DSa2P//' 2fl2" See Letter to: Follow._._......__...._--_.•------t ] Attach ---- ----. ] r J ddr /.2-1O j ILLS FERR`(r.; � _ Date' S.\1\1• SAN HEW STREET THE TO --� MATCH COSTING _ EC UTILITY POLE _ Tt "�•� - i1 -� lls/ PLANTINGS TO '. 1 NEW -_ • -\ itu�i HEY!CURB 4ATCH DOSING \ B � -�- REMOVE E%.LIGHTING, -\ NEW 2 1/2"CAL ERSRNG CURB�/-- STANDMD�4 O / TREE TO MATCH IX 'MO T.. REMOVE EXISTING -__.� INTERIOR TREES ,� /�d1RB RE-STRIPE EIISRNC v.._ •- • ei4 NEW IMPERVIOUS AREA i' SPACES AS SHOWN _lip NEW CURB [ T I' REPLACE M1 DIXIBIE-SSIDED NONE NEW COMPACT �.f T}..,� A 1 T YA AL PENCE OF SAME HEIGHT f � SPACES(/) I d[ ! - ?Ail__ .,m.(8) '. PRENWSLY-REMO�ID TREE 11 a'- . 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PRECAST PAVER / REMOVE EXISTING,r, ill suRFAcE 4 \ / _____m \ i�i�I�.... � ........... •y• 4 .0--- . 11/, am /—__ — • - Imo' • 41Lan D I E704TINC S101BIMALE PRUNE S NECESSARY TREE 1 MALE AS NECESSARY OSSWIi MAWKE DOSING 6-FOOT INCH CHAINLIIK E1iEBA�I TREES FENCE 51114 SLATS NEW II-FT.NIGH WOOD FEIN um 5-FOOT WIDE GATE IT NORTH Pacific Crest Partners Scholls LLC SDR2011-00001/VAR2011-00003 1430 Eastside Road SCHOLLS COMMERCIAL CENTER Hood River,OR 97031 EXHIBITQ6 Nicol Properties LLC Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 Ed Murphy&Associates 9875 SW Murdock Street Tigard, OR 97224 Pacific Crest Partners Scholls LLC 7000 SW Hampton St #130 Tigard, OR 97223 Dennis Kruger 12612 SW Snow Brush Ct. Tigard, OR 97223 David Peters 10648 SW 127th Ct. Tigard, OR 97223 AFFIDAVIT OF MAILING f TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: © NOTICE OF DECISION FOR: SDR2011-00001/VAR2011-00003—SCHOLLS COMMERCIAL CENTER PARKING (File No./Name Reference) 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 April 29,2011,and deposited in the United States Mail on April 29,2011,postage prepaid. / J (Person that Pre.. ed Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of Tf LCf ,2011. OFFICIAL LL TREAT n f /j 9 1 • C�A'` X V J� ' "�r NOTARY PUBLIC•OREtiON �� � COMMISSION NO.459846 .) MY COMMISSION EXPIRES JULY 06,2016 NOTARY PUBL C OF OREGON My Commission Expires: 'i f ' r EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2011-00001 • SCHOLLS COMMERCIAL CENTER PARKING TIGARD 120 DAYS = 07/12/2011 SECTION I. APPLICATION SUMMARY FILE NAME: SCHOLLS COMMERCIAL CENTER PARKING CASE NO.: Site Development Review(SDR) SDR2011-00001 Variance (VAR) VAR2011-00003 PROPOSAL: The applicant requests Site Development Review approval to install 8 new compact parking spaces, add a recyclable materials storage area, remove two 7 inch (dbh) trees, and adjust the parking island to increase the aisle width. The applicant also requests a Variance to allow 60% compact parking. OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy and Associates 1430 Eastside Road 9875 SW Murdock Street Hood River,OR 97031 Tigard,OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 LOCATION: 12700 SW North Dakota Street;WCTM 1S133AD,Tax Lots 16000, 16100,and 16200. ZONES: C-N Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e., at least weekly, for which comparison buying is not required, and which can be sustained in a limited trade area. Such uses include convenience markets, personal services,and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants,in close proximity to residential areas and major transportation facilities. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, CRITERIA: 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25C) per page,or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies • Final Decision: THIS DECISION IS FINAL ON APRIL 29, 2011 AND BECOMES EFFECTIVE ON MAY 14, 2011 UNLESS AN APPEAL IS FILED. Aptatal The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to. the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13, 2011. Questions: For further information please contact the Planning Division Staff Planner, Darrel "Hap" Watkins at (503) 718-2440,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. 17 ri7mi .. yy x 1 ,• 1, r.„.... VICINITY MAP SDR2011.00001 ��i VAR2011.00003 �' ' SCHOLLS COMMERCIAL — , ii.. Subject Site .. ,A5170 ")am :.- - ) .-_„_.— l',/,, 0 = I� 1 { moms, _,assomillill ism t i K � � � � N it .:, ,--, ,,,, , M°pry..� M �X M.....,..... .„,„,,, , , , ,,,,,....„..--,. -1-6Zn4.2"- ' -;.- ► : , E _,,�yp l;�i,�"'sue 0 Feet SG7 / , .00 ...4............ .........M. I ee°.�tes° 'as+at 9;:nbed in: 5 W SCNO�s FERRY-RC trip 0o_ !.d i7J sT r, .v/.21,11/ _ fi , , ; :m��`� "�''t P!Jolt 111 I+1 —� %� !'i �n g II II- 'eE� • 4A, 1' II • (tip. w im 0 .0 ©i� _ Ems ... v 0 °- �I . . --- s :`-_ 1S134BB00600 1S133AD10700 12000 SW PIONEER LANE LLC BOATRIGHT,DANIEL J&LEAH N EXHIBIT� ATTN:BRIAN WIRTZ 10624 SW 127TH CT 225 BUSH ST 16TH FLOOR TIGARD,OR 97223 SAN FRANCISCO,CA 94104 1S133AD09900 1S133AD10100 ADAMUS,GRAZYNA& BRUNICARDI,PATRICIA NOW PROSSER OGOREK,ZBIGNIEW 4553 GLORE CROSSING DR SW 10717 SW 127TH CT MABLETON,GA 30126 TIGARD,OR 97223 1S133AA05000 1S134BB00302 ATKINSON,RICHARD G AND CHINOOK INVESTMENT CO JUDY L BY KNOWLEDGE LEARNING CORP 14800 SE FAIROAKS AVE ATTN:TAX DEPT MILWAUKIE,OR 97267 PO BOX 6760 PORTLAND,OR 97228 1S133AD09800 1S133AD11700 BAAS,KEITH A& COHEN,THOMAS SWEENEY,LISA A 10732 SW 127TH CT 10729 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AA04300 1S133AD12300 BADA,ANTONIO V AND COLLIGAN,MIKE SUMILANG A 11347 SW SUMMERLAKE DR 10420 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD12600 1S133AD10400 BEASLEY,ROBERT S JR&ANN F COWAN,VICKI M 11312 SW SUMMERLAKE DR 10647 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11900 1S133AD10600 BEEBLE,JOHN R&ELAINE J CUONG,VU MANH 12694 SW SPRINGWOD DR 10623 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S134BC00403 1S133AA06100 BEL PORTLAND HOLDINGS LLC DAGHIGH,ESMAEIL& BY EATON VANCE MANAGEMENT ZOLFAGHARI,BADRI& REIG DIRECTOR OF ASSET MANAGEMEN GANJAVI,SHABNAM DAGHIGH 2 INTERNATIONAL PL 12740 SW CLEVELAND BAY LN BOSTON,MA 02110 BEAVERTON,OR 97008 1S133AD11300 1S133AD00600 BENNETT,DANA R&JUNEY H DALAI,SID 10690 SW 127TH CT 12690 SW TARPEN DR TIGARD,OR 97223 BEAVERTON,OR 97005 1S133AA04600 1S133AD02900 BOATMAN,SCOTT J& DAMANN,KEITH L&UTA D BOATMAN,TARA E 15015 88TH AVE NE 12625 SW TARPAN DR KENMORE,WA 98028 BEAVERTON,OR 97008 • 1S134BC00800 1S133AD09100 DAVIDSON,WILLIAM G ESPEJEL,MARIA CARMEN BY NORTHWEST DEVELOPMENT GROUP 12805 SW CHICORY CT 19150 SW 90TH AVE TIGARD,OR 97223 TUALATIN,OR 97062 iSI34BCuuvu IS134BlUU:iUU DAVIDSON,WILLIAM G&DIXIE L FW OR-GREENWAY TOWN CENTER LLC 8915 SW COMMERCIAL ST PO BOX 790830 TIGARD,OR 97223 SAN ANTONIO,TX 78279 1S133AA04500 1S133AD00200 DAVIS,MASON P GOUGH,EVAN P AND SALLY G 10470 SW TARPAN DR 12570 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AD07800 1S133AD00400 DEAN,GEORGIA GRABINSKI,ALLAN 12800 SW CHICORY CT 12640 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD11400 1S134BC00700 DEFRANCISCO,ROBERT A& HA&R,LLC EMERY,ALEXANDRA A ATTN:TAMMY HOUSE 10704 SW 127TH CT 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S133AD12000 1S133AA04700 DEXHEIMER,SHERRY E HAUNG,JAMES 11285 SW SUMMER LAKE DR 11548 NW BLACKHAWK DR TIGARD, OR 97223 PORTLAND,OR 97229 1S133AD01000 1S133AD11000 DORAN,BONNIE M HEFFELFINGER,WILLIAM T& 12790 SW TARPAN DR SHANNA BEAVERTON,OR 97008 10662 SW 127TH CT TIGARD,OR 97223 1S133AD12800 1S133AD00300 DRAPER,JOHN C&KIMBERLY A HEIM,FRANCES E 12647 SW SPRINGWOOD DR 12610 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD03100 1S133AD03500 DYCHES, RONALD S HERNANDEZ,ESPERANZA JIMENEZ 12653 SW SNOW BRUSH CT 10760 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11500 1S133AD09700 ENTAGH,REZA HOAK,JAMES M 10716 SW 127TH CT 7995 SW 135TH AVE TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD09300 1S133M04400 HOANGPHAN,ANTHONY LEUNG,SHU WING&YUET SIM 12708 SW SPRINGWOOD DR 10440 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 13133AA04200 1S133/012100 INAN,MEHMET I LIEBSWAGER,DUANE G 14405 SW OSPREY DR#63D 11307 SW SUMMERLAKE DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD10300 1S133AD11200 JACOBS,GREGORY TODD& LYMAN,KRISTIN S JULIE ELIZABETH 10682 SW 127TH CT 10659 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD03700 1S133AD13200 JENSEN,TAMARA N& MATTHEWS,MURRAY J&ROBIN R JENSEN,ADAM M 12638 SW SPRINGWOOD DR 12740 SW SPRINGWOOD DR TIGARD,OR 97224 TIGARD,OR 97223 1S133AD02500 1S134BC00500 KC PROPCO,LLC MCDONALD'S CORP(36-0105) 650 NE HOLLADAY ST#1400 PO BOX 182571 PORTLAND,OR 97232 COLUMBUS,OH 43218 1S 133M04900 1S133M05100 KELLER,ROLF H AND MCNABB,TERRY M&KATHERINE A FURUSHO,MAURINE K 12755 SW TARPAN DR 12705 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97005 1S133AD02700 1S133AD12700 KELSO,SARAH ELIZABETH& MORRISON,DONALD A AND SUZAN M ANDRE,ROGER WILLIAM& 12621 SW SPRINGWOOD DR JONES,CYNTHIA MARIE TIGARD,OR 97223 10600 SW SUMMER LAKE DR TIGARD,OR 97223 1S133AD11100 1S133AD03600 LEAV,SIVY MUELLER LIVING TRUST 10674 SW 127TH CT 5807 SW ORCHID DR TIGARD,OR 97223 PORTLAND,OR 97219 1S133AD12400 1S133AD10000 LEE,SHERRI K NAVAL,NICOLAS A SR/CECILIA L 11356 SW SUMMER LAKE DR NAVAL,NICOLAS L JR TIGARD,OR 97223 MALLARI,NORMA N 10705 SW 127TH CT TIGARD,OR 97223 1S133AD03300 1S133AD09600 LEE,SUSAN SO-FONG NELSON,JANET L TRUST 11/F,SILVERCORD TOWER 1 BY NELSON,JANET L TR 30 CANTON RD,TSIMSHATSUI 12732 SW SPRINGWOOD DR KOWLOON,HONG KONG,RO TIGARD,OR 97223 1S133AD13000 1S133AD03200 NGO,BINH T AND PHAM,QUAT BA DIEP,CUC QUACH,ANH DUY 12672 SW SPRINGWOOD DOAN,DUNG TIGARD,OR 97223 10700 SW SUMMERLAKE DR TIGARD,OR 97223 1S133AA06000 1S133AD10500 NGUYEN,DONG TIEN&KIEU HANH PISCITELLI TRUST 12770 SW CLEVELAND BAY LN BY ANTONIO/PASQUA PISCITELLI TRS BEAVERTON,OR 97008 5728 SW 52ND PORTLAND,OR 97221 1S133AA06600 1S134BC00401 NGUYEN,ERIC P PROVIDENCE HEALTH SYSTEM-OREGON 12600 SW CLEVELAND BAY LN ATTN:REAL ESTATE&PROPERTY MANAGE BEAVERTON,OR 97008 4400 NE HALSEY BLDG 1#160 PORTLAND,OR 97213 1S133AD00500 1S133AD10800 NGUYEN,HANG KIM PUN,YING KUEN AND 12670 SW TARPAN DR CHAN,SIU YING BEAVERTON,OR 97005 10636 SW 127TH CT TIGARD,OR 97223 1S133AD16100 1S133AD12500 NICOL PROPERTIES LLC RAGER,MIKE L&CAROL J 6435 SW SCHOLLS FERRY RD 11334 SW SUMMER LAKE DR PORTLAND,OR 97223 TIGARD,OR 97223 1S133AD00100 1S133AD09000 NIEDNER,ESTHER M RICHARDSON,GREG L 10500 SW TARPAN DR 12815 SW CHICORY CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD16000 1S133AD10200 PACIFIC CREST PARTNERS SCHOLLS L SEEMANN,SANDRA KAY 1430 EASTSIDE RD 10673 SW 127TH CT HOOD RIVER,OR 97031 TIGARD,OR 97223 1S133AD16200 1S133AD11800 PACIFIC CREST PARTNERS SCHOLLS L SELE,TRENTON K& 7000 SW HAMPTON ST#130 LUEHR-SELE,STACY M TIGARD,OR 97223 10740 SW 127TH CT TIGARD,OR 97223 1S133AD09400 1S133AD09500 PERRY,RANDY W&LINDA K SIX,GLENOLA TRUST 12716 SW SPRINGWOOD DR BY GLENOLA SIX TR TIGARD,OR 97223 12724 SW SPRINGWOOD DR TIGARD,OR 97223 1S133AD10900 1S133AD00800 PETERS,DAVID L AND FRANCES L SMITH,CRAIG&SAMANTHA 7411 E JAMISON DR 12750 SW TARPAN DR CENTENNIAL,CO 80112 BEAVERTON,OR 97008 1 . 1S133AD12200 1S133AD03400 SMITH,ROBERT L& WANG,WEN IAN& CADELL,SUSAN J LIU,TONY Y 11329 SW SUMMER LAKE DR 10740 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 13133AA05200 1S133AA04800 STINTON,CARLEE J WARNER,JEFFREY 0&LINDA S 12785 SW TARPAN DR 12685 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AA06300 1S133AD13100 STOCKLEIN,FRANK T&KAREN P YANG,HSIU-PING 12690 SW CLEVELAND BAY LN 12650 SW SPRING WOOD DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD00700 1S133AA06200 TANGALIN,DEANNA YANG,JESSICA& 12710 SW TARPAN DR WU,WINSTON BEAVERTON,OR 97005 12710 SW CLEVELAND BAY LN BEAVERTON,OR 97008 1S133AA06400 1S133AD00900 THADEN,JULIE A& YASAVOLIAN,MOHAMMAD STEELE,DOUGLAS G 20417 SW INGLIS DR 12650 SW CLEVELAND BAY LN ALOHA,OR 97007 BEAVERTON,OR 97008 1S134BC00600 1S133AA06500 THOMPSON,DENNIS C YOERGER,DAVID& 9295 SW ELECTRIC ST YOERGER,KRISTEN TIGARD,OR 97223 11080 SW GOLDFINCH TER BEAVERTON,OR 97007 1S133AD07700 1S133AD11600 THORSON,SHEVEN M YUSUPOV,SALAVAT& 10775 SW SUMMER LAKE DR YUSUPOV,EVGENIYA TIGARD,OR 97223 10724 SW 127TH CT TIGARD,OR 97223 1S133AD02800 U,KENNETH K&DOROTHY K 10620 SW SUMMER LAKE DR TIGARD,OR 97223 1S134BB00700 UNITED STATES BANK OF OREGON CORPORATE FACILITIES#355 PO BOX 8837 PORTLAND,OR 97208 1S133AD12900 VALDEZ,AMY D 12663 SW SPRINGWOOD DR TIGARD,OR 97223 • Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke T odd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Shannen Williams Rappold Harold and Ruth Howland Marketing/Business Development Manager 13145 SW Benish Perlo Construction Tigard, OR 97223 7190 SW Sandburg Street Portland, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (p2. I of I) (iacurpin\setup\labels\CIT West doc) UPDATED: 13-Dec-10 r + II AFFIDAVIT OF MAILING TIGARD I, Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Owck Appnupn:m IS.x(c)Mow) 9 NOTICE OF PENDING LAND USE DECISION FOR: SDR2011-00001/VAR2011-00003 —SCHOLLS COMMERCIAL CENTER ❑ AMENDED NOTICE (Fie No/Name Reference) 1 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 March 16,2011,and deposited in the United States Mail on March 16.2011,postage prepaid. Ad ,Ad 1th it (Person that ' epared once) , STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 40 clay of a-LA(.--(-f ,2011. �FK',IAL SEAL b41/1161 (1 c �= N� L TREAT NOTARY PUBL C OF OREGON/ f ® COM1�ION NO.459848 1) My Commission Expires: 1 f(p (S MY COMMISSION EXPIRES JULY 06,2015 NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING 14 • LAND USE APPLICATION SITE DEVELOPMENT REVIEW ' G A R D DATE OF NOTICE: March 16,2011 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2011-00001 (Type II Land Use Application) PARKING ADJUSTMENT (VAR) 2011-00003 FILE NAME: SCHOLLS COMMERCIAL CENTER OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy&Associates 1430 Eastside Road 9875 SW Murdock Street Hood River,OR 97031 Tigard, OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60%compact parking. LOCATION: 12700, 12730& 12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000,16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial(C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e.,at least weekly;for which comparison buying is not required;and which can be sustained in a limited trade area. Such uses include convenience markets,personal services and repair shops. A limited number of other uses,including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre,i.e., equivalent to the R-40 zoning district,are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MARCH 30, 2011. All comments should be directed to Hap Watkins,Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503.639.4171 or by e-mail to hap(utigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR APRIL 28, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE MAILED A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES,THE DIRECTOR SIIALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMI'F1'ED WRI'1TEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site;all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application,written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." lir ri � eu .,.:.. 1as oVA .000i ,m EeeOUSrnMM COMMERCIAL t 1/110 U. ~ , • CEO� Ald , • ! 0t 01111 snn n N issossollealP r‘tetti:' NIB Sal IOW Or �11 � ; ewe _...�...,.y.,, � 'k aow.„ Un CIO P . �. 0� '214PL+^G.�P�Aii±AF•4yf17!Y3;` ‘, • Pacific Crest Partners Scholls LLC SDR2011-00001/VAR2011-00003 1430 Eastside Road SCHOLLS COMMERCIAL CENTER Hood River,OR 97031 EXHIBITLA , Nicol Properties LLC Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 Ed Murphy&Associates 9875 SW Murdock Street Tigard, OR 97224 Pacific Crest Partners Scholls LLC 7000 SW Hampton St #130 Tigard, OR 97223 1S134BB00600 1S133AD10700 12000 SW PIONEER LANE LLC BOATRIGHT,DANIEL J&LEAH N ATTN:BRIAN WIRTZ 10624 SW 127TH CT 225 BUSH ST 16TH FLOOR TIGARD,OR 97223 SAN FRANCISCO,CA 94104 1S133AD09900 1S133AD10100 ADAMUS,GRAZYNA& BRUNICARDI,PATRICIA NOW PROSSER OGOREK,ZBIGNIEW 4553 GLORE CROSSING DR SW 10717 SW 127TH CT MABLETON,GA 30126 TIGARD,OR 97223 1S133AA05000 1S134BB00302 ATKINSON,RICHARD G AND CHINOOK INVESTMENT CO JUDY L BY KNOWLEDGE LEARNING CORP 14800 SE FAIROAKS AVE ATTN:TAX DEPT MILWAUKIE,OR 97267 PO BOX 6760 PORTLAND,OR 97228 1S133AD09800 1S133AD11700 BAAS,KEITH A& COHEN,THOMAS SWEENEY,LISA A 10732 SW 127TH CT 10729 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AA04300 1S133AD12300 BADA,ANTONIO V AND COLLIGAN,MIKE SUMILANG A 11347 SW SUMMERLAKE DR 10420 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD12600 1S133AD10400 BEASLEY,ROBERT S JR&ANN F COWAN,VICKI M 11312 SW SUMMERLAKE DR 10647 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11900 1S133AD10600 BEEBLE,JOHN R&ELAINE J CUONG,VU MANH 12694 SW SPRINGWOD DR 10623 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S134BC00403 1S133AA06100 BEL PORTLAND HOLDINGS LLC DAGHIGH,ESMAEIL& BY EATON VANCE MANAGEMENT ZOLFAGHARI,BADRI& REIG DIRECTOR OF ASSET MANAGEMEN GANJAVI,SHABNAM DAGHIGH 2 INTERNATIONAL PL 12740 SW CLEVELAND BAY LN BOSTON,MA 02110 BEAVERTON,OR 97008 1S133AD11300 1S133AD00600 BENNETT,DANA R&JUNEY H DALAI,SID 10690 SW 127TH CT 12690 SW TARPEN DR TIGARD,OR 97223 BEAVERTON,OR 97005 1S133AA04600 1S133AD02900 BOATMAN,SCOTT J& DAMANN,KEITH L&UTA D BOATMAN,TARA E 15015 88TH AVE NE 12625 SW TARPAN DR KENMORE,WA 98028 BEAVERTON,OR 97008 1S134BC00800 1S133AD09100 DAVIDSON,WILLIAM G ESPEJEL,MARIA CARMEN BY NORTHWEST DEVELOPMENT GROUP 12805 SW CHICORY CT 19150 SW 90TH AVE TIGARD,OR 97223 TUALATIN,OR 97062 1S134BC00900 1S134BC00300 DAVIDSON,WILLIAM G&DIXIE L FW OR-GREENWAY TOWN CENTER LLC 8915 SW COMMERCIAL ST PO BOX 790830 TIGARD,OR 97223 SAN ANTONIO,TX 78279 1S133AA04500 1S133AD00200 DAVIS,MASON P GOUGH,EVAN P AND SALLY G 10470 SW TARPAN DR 12570 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AD07800 1S133AD00400 DEAN,GEORGIA GRABINSKI,ALLAN 12800 SW CHICORY CT 12640 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD11400 1S134BC00700 DEFRANCISCO,ROBERT A& HA&R,LLC EMERY,ALEXANDRA A ATTN:TAMMY HOUSE 10704 SW 127TH CT 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S133AD12000 1S133AA04700 DEXHEIMER,SHERRY E HAUNG,JAMES 11285 SW SUMMER LAKE DR 11548 NW BLACKHAWK DR TIGARD,OR 97223 PORTLAND,OR 97229 1S133AD01000 1S133AD11000 DORAN,BONNIE M HEFFELFINGER,WILLIAM T& 12790 SW TARPAN DR SHANNA BEAVERTON,OR 97008 10662 SW 127TH CT TIGARD,OR 97223 1S133AD12800 1S133AD00300 DRAPER,JOHN C&KIMBERLY A HEIM,FRANCES E 12647 SW SPRINGWOOD DR 12610 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD03100 1S133AD03500 DYCHES,RONALD S HERNANDEZ,ESPERANZA JIMENEZ 12653 SW SNOW BRUSH CT 10760 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11500 1S133AD09700 ENTAGH,REZA HOAK,JAMES M 10716 SW 127TH CT 7995 SW 135TH AVE TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD09300 1S133AA04400 HOANGPHAN,ANTHONY LEUNG,SHU WING&YUET SIM 12708 SW SPRINGWOOD DR 10440 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AA04200 1S133A012100 INAN,MEHMET I LIEBSWAGER,DUANE G 14405 SW OSPREY DR#63D 11307 SW SUMMERLAKE DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD10300 1S133AD11200 JACOBS,GREGORY TODD& LYMAN,KRISTIN S JULIE ELIZABETH 10682 SW 127TH CT 10659 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD03700 1S133AD13200 JENSEN,TAMARA N& MATTHEWS,MURRAY J&ROBIN R JENSEN,ADAM M 12638 SW SPRINGWOOD DR 12740 SW SPRINGWOOD DR TIGARD,OR 97224 TIGARD,OR 97223 1S133AD02500 1S134BC00500 KC PROPCO,LLC MCDONALD'S CORP(36-0105) 650 NE HOLLADAY ST#1400 PO BOX 182571 PORTLAND,OR 97232 COLUMBUS,OH 43218 1S133AA04900 1S133AA05100 KELLER,ROLF H AND MCNABB,TERRY M&KATHERINE A FURUSHO,MAURINE K 12755 SW TARPAN DR 12705 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97005 1S133AD02700 1S133AD12700 KELSO,SARAH ELIZABETH& MORRISON,DONALD A AND SUZAN M ANDRE,ROGER WILLIAM& 12621 SW SPRINGWOOD DR JONES,CYNTHIA MARIE TIGARD,OR 97223 10600 SW SUMMER LAKE DR TIGARD,OR 97223 1S133AD11100 1S133AD03600 LEAV,SIVY MUELLER LIVING TRUST 10674 SW 127TH CT 5807 SW ORCHID DR TIGARD,OR 97223 PORTLAND,OR 97219 1S133AD12400 1S133AD10000 LEE,SHERRI K NAVAL,NICOLAS A SR/CECILIA L 11356 SW SUMMER LAKE DR NAVAL,NICOLAS L JR TIGARD,OR 97223 MALLARI,NORMA N 10705 SW 127TH CT TIGARD,OR 97223 1S133AD03300 1S133AD09600 LEE,SUSAN SO-FONG NELSON,JANET L TRUST 11/F,SILVERCORD TOWER 1 BY NELSON,JANET L TR 30 CANTON RD,TSIMSHATSUI 12732 SW SPRINGWOOD DR KOWLOON,HONG KONG,RO TIGARD,OR 97223 1S133AD13000 1S133AD03200 NGO,BINH T AND PHAM,QUAT BA DIEP,CUC QUACH,ANH DUY 12672 SW SPRINGWOOD DOAN,DUNG TIGARD,OR 97223 10700 SW SUMMERLAKE DR TIGARD,OR 97223 iSi33AA06000 1S133AD10500 NGUYEN,DONG TIEN&KIEU HANH PISCITELLI TRUST 12770 SW CLEVELAND BAY LN BY ANTONIO/PASQUA PISCITELLI TRS BEAVERTON,OR 97008 5728 SW 52ND PORTLAND,OR 97221 1S133AA06600 1S134BC00401 NGUYEN,ERIC P PROVIDENCE HEALTH SYSTEM-OREGON 12600 SW CLEVELAND BAY LN ATTN.REAL ESTATE&PROPERTY MANAGE BEAVERTON,OR 97008 4400 NE HALSEY BLDG 1 #160 PORTLAND,OR 97213 1S133AD00500 1S133AD10800 NGUYEN,HANG KIM PUN,YING KUEN AND 12670 SW TARPAN DR CHAN,SIU YING BEAVERTON,OR 97005 10636 SW 127TH CT TIGARD,OR 97223 1S133AD16100 1S133AD12500 NICOL PROPERTIES LLC RAGER,MIKE L&CAROL J 6435 SW SCHOLLS FERRY RD 11334 SW SUMMER LAKE DR PORTLAND,OR 97223 TIGARD,OR 97223 1S133AD00100 1S133AD09000 NIEDNER,ESTHER M RICHARDSON,GREG L 10500 SW TARPAN DR 12815 SW CHICORY CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD16000 1S133AD10200 PACIFIC CREST PARTNERS SCHOLLS L SEEMANN,SANDRA KAY 1430 EASTSIDE RD 10673 SW 127TH CT HOOD RIVER,OR 97031 TIGARD,OR 97223 1S133AD16200 1S133AD11800 PACIFIC CREST PARTNERS SCHOLLS L SELE,TRENTON K& 7000 SW HAMPTON ST#130 LUEHR-SELE,STACY M TIGARD,OR 97223 10740 SW 127TH CT TIGARD,OR 97223 1S133AD09400 1S133AD09500 PERRY,RANDY W&LINDA K SIX,GLENOLA TRUST 12716 SW SPRINGWOOD DR BY GLENOLA SIX TR TIGARD,OR 97223 12724 SW SPRINGWOOD DR TIGARD,OR 97223 1S133AD10900 1S133AD00800 PETERS,DAVID L AND FRANCES L SMITH,CRAIG&SAMANTHA 7411 E JAMISON DR 12750 SW TARPAN DR CENTENNIAL,CO 80112 BEAVERTON,OR 97008 1S133AD12200 1S133AD03400 SMITH,ROBERT L& WANG,WEN IAN& CADELL,SUSAN J LIU,TONY Y 11329 SW SUMMER LAKE DR 10740 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AA05200 1S133AA04800 STINTON,CARLEE J WARNER,JEFFREY 0&LINDA S 12785 SW TARPAN DR 12685 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AA06300 1S133AD13100 STOCKLEIN,FRANK T&KAREN P YANG,HSIU-PING 12690 SW CLEVELAND BAY LN 12650 SW SPRING WOOD DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD00700 1S133AA06200 TANGALIN,DEANNA YANG,JESSICA& 12710 SW TARPAN DR WU,WINSTON BEAVERTON,OR 97005 12710 SW CLEVELAND BAY LN BEAVERTON,OR 97008 1S133AA06400 1S133AD00900 THADEN,JULIE A& YASAVOLIAN,MOHAMMAD STEELE,DOUGLAS G 20417 SW INGLIS DR 12650 SW CLEVELAND BAY LN ALOHA,OR 97007 BEAVERTON,OR 97008 1S134BC00600 1S133AA06500 THOMPSON,DENNIS C YOERGER,DAVID& 9295 SW ELECTRIC ST YOERGER,KRISTEN TIGARD,OR 97223 11080 SW GOLDFINCH TER BEAVERTON,OR 97007 1S133AD07700 1S133AD11600 THORSON,SHEVEN M YUSUPOV,SALAVAT& 10775 SW SUMMER LAKE DR YUSUPOV,EVGENIYA TIGARD,OR 97223 10724 SW 127TH CT TIGARD,OR 97223 1S133AD02800 U,KENNETH K&DOROTHY K 10620 SW SUMMER LAKE DR TIGARD,OR 97223 1S134BB00700 UNITED STATES BANK OF OREGON CORPORATE FACILITIES#355 PO BOX 8837 PORTLAND,OR 97208 1S133AD12900 VALDEZ,AMY D 12663 SW SPRINGWOOD DR TIGARD,OR 97223 Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke T odd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Shannen Williams Rappold Harold and Ruth Howland Marketing/Business Development Manager 13145 SW Benish Perlo Construction Tigard, OR 97223 7190 SW Sandburg Street Portland, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I( (i \cumin\setup\labels\CIT West.doci UPDATED 13-Dec-10 :. �- ■...■. I - — Area Notified (500 Ft) ■ 111111111 ■■ �� irE Ed Murphy&Associates GALLOW A1S133AD, 16000 1S133AD, 16100 IUIIIUi- Beaverton --- 1S133AD, 16200 400111 ..\' a� VELAND BAY 1 • ' vole ■i ■.. ., .,:` "■ , 1111111 AgRei ."‘‘‘ ' . ' N' MOM IOW :4' ' IiNmAp �' `�`\ ` 5CHO FERRY RD• 1, .. . \ • \ .:•::•: Subject Site 11*` `` "" t \ t \ Property owner information is valid for 3 months from the date printed on this map. \,. 7- v ■ 0 fit tti ``� O ` Map Printed.11-Mar-11 W,. ``,` 0 Information on this map is for general location MIS&r III �` only and should be verified with the Development . , � Services Division. MM I F'4 0 DATA IS DERIVED FROM MVLTIPLE SOURCES.THE CRY OF TIGARD /� MAKESNOTNMRRANTY, MULL LE SOUR,OR GUARANTEE TIATHE _ ,, OO` • A PROVED HERERI.ti+E cr o TiGARO SINCE Ugss ME NOHE _ _" ` ,VIA�CT WFORMATION PROVIDED REGARDLESS OF HOW I/SEDNTHE HAWKS BEARD •� , • -, 0 ♦ Q• "' '� 01*.sN° COMMUNITY DEVELOPMENT DEPARTMENT 14 1 '. I-�II�111111111�1 �I I y y■ ANTON DR N 25Y of Tigard - r"'t I D 13125 SW Hell 23d _ .et 50.gad-171 N ♦ S a__� O�j UIIIIIIIIIIIiI. www.tigardrocgo, T I C A Rn I �-J�►i k�_� _�M , : LAKE 1�� '� -�/.ORW%IMII Ill I • 1S134BB00600 1S133AD10700 12000 SW PIONEER LANE LLC BOATRIGHT,DANIEL J&LEAH N ATTN:BRIAN WIRTZ 10624 SW 127TH CT 225 BUSH ST 16TH FLOOR TIGARD,OR 97223 SAN FRANCISCO,CA 94104 1S133AD09900 1S133AD10100 ADAMUS,GRAZYNA& BRUNICARDI,PATRICIA NOW PROSSER OGOREK,ZBIGNIEW 4553 GLORE CROSSING DR SW 10717 SW 127TH CT MABLETON,GA 30126 TIGARD,OR 97223 1S133AA05000 1S134BB00302 ATKINSON,RICHARD G AND CHINOOK INVESTMENT CO JUDY L BY KNOWLEDGE LEARNING CORP 14800 SE FAIROAKS AVE ATTN:TAX DEPT MILWAUKIE,OR 97267 PO BOX 6760 PORTLAND,OR 97228 1S133AD09800 1S133AD11700 BAAS,KEITH A& COHEN,THOMAS SWEENEY,LISA A 10732 SW 127TH CT 10729 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AA04300 1S133AD12300 BADA,ANTONIO V AND COLLIGAN,MIKE SUMILANG A 11347 SW SUMMERLAKE DR 10420 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD12600 1S133AD10400 BEASLEY,ROBERT S JR&ANN F COWAN,VICKI M 11312 SW SUMMERLAKE DR 10647 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11900 1S133AD10600 BEEBLE,JOHN R&ELAINE J CUONG,VU MANH 12694 SW SPRINGWOD DR 10623 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S134BC00403 1S133AA06100 BEL PORTLAND HOLDINGS LLC DAGHIGH,ESMAEIL& BY EATON VANCE MANAGEMENT ZOLFAGHARI,BADRI& REIG DIRECTOR OF ASSET MANAGEMEN GANJAVI,SHABNAM DAGHIGH 2 INTERNATIONAL PL 12740 SW CLEVELAND BAY LN BOSTON,MA 02110 BEAVERTON,OR 97008 1S133AD11300 1S133AD00600 BENNETT,DANA R&JUNEY H DALAI,SID 10690 SW 127TH CT 12690 SW TARPEN DR TIGARD,OR 97223 BEAVERTON,OR 97005 1S133AA04600 1S133AD02900 BOATMAN,SCOTT J& DAMANN,KEITH L&UTA D BOATMAN,TARA E 15015 88TH AVE NE 12625 SW TARPAN DR KENMORE,WA 98028 BEAVERTON,OR 97008 1S134BC00800 1S133AD09100 DAVIDSON,WILLIAM G ESPEJEL,MARIA CARMEN BY NORTHWEST DEVELOPMENT GROUP 12805 SW CHICORY CT 19150 SW 90TH AVE TIGARD,OR 97223 TUALATIN,OR 97062 1S134BC00900 1S134BC00300 DAVIDSON,WILLIAM G&DIXIE L FW OR-GREENWAY TOWN CENTER LLC 8915 SW COMMERCIAL ST PO BOX 790830 TIGARD,OR 97223 SAN ANTONIO,TX 78279 1S133AA04500 1S133AD00200 DAVIS,MASON P GOUGH,EVAN P AND SALLY G 10470 SW TARPAN DR 12570 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AD07800 1S133AD00400 DEAN,GEORGIA GRABINSKI,ALLAN 12800 SW CHICORY CT 12640 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD11400 1S134BC00700 DEFRANCISCO,ROBERT A& HA&R,LLC EMERY,ALEXANDRA A ATTN:TAMMY HOUSE 10704 SW 127TH CT 12655 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1S133AD12000 1S133AA04700 DEXHEIMER,SHERRY E HAUNG,JAMES 11285 SW SUMMER LAKE DR 11548 NW BLACKHAWK DR TIGARD,OR 97223 PORTLAND,OR 97229 1S133AD01000 1S133AD11000 DORAN,BONNIE M HEFFELFINGER,WILLIAM T& 12790 SW TARPAN DR SHANNA BEAVERTON,OR 97008 10662 SW 127TH CT TIGARD,OR 97223 1S133AD12800 1S133AD00300 DRAPER,JOHN C&KIMBERLY A HEIM,FRANCES E 12647 SW SPRINGWOOD DR 12610 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD03100 1S133AD03500 DYCHES,RONALD S HERNANDEZ,ESPERANZA JIMENEZ 12653 SW SNOW BRUSH CT 10760 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AD11500 1S133AD09700 ENTAGH,REZA HOAK,JAMES M 10716 SW 127TH CT 7995 SW 135TH AVE TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD09300 1S133AA04400 HOANGPHAN,ANTHONY LEUNG,SHU WING&YUET SIM 12708 SW SPRINGWOOD DR 10440 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AA04200 1S133AD12100 INAN,MEHMET I LIEBSWAGER,DUANE G 14405 SW OSPREY DR#63D 11307 SW SUMMERLAKE DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD10300 1S133AD11200 JACOBS,GREGORY TODD& LYMAN,KRISTIN S JULIE ELIZABETH 10682 SW 127TH CT 10659 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD03700 1S133AD13200 JENSEN,TAMARA N& MATTHEWS,MURRAY J&ROBIN R JENSEN,ADAM M 12638 SW SPRINGWOOD DR 12740 SW SPRINGWOOD DR TIGARD,OR 97224 TIGARD,OR 97223 1S1 33AD02500 1 S134BC00500 KC PROPCO,LLC MCDONALD'S CORP(36-0105) 650 NE HOLLADAY ST#1400 PO BOX 182571 PORTLAND,OR 97232 COLUMBUS,OH 43218 1S133AA04900 1S133AA05100 KELLER,ROLF H AND MCNABB,TERRY M&KATHERINE A FURUSHO,MAURINE K 12755 SW TARPAN DR 12705 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97005 1S133AD02700 1S133AD12700 KELSO,SARAH ELIZABETH& MORRISON,DONALD A AND SUZAN M ANDRE,ROGER WILLIAM& 12621 SW SPRINGWOOD DR JONES,CYNTHIA MARIE TIGARD,OR 97223 10600 SW SUMMER LAKE DR TIGARD,OR 97223 1S133AD11100 1S133AD03600 LEAV,SIVY MUELLER LIVING TRUST 10674 SW 127TH CT 5807 SW ORCHID DR TIGARD,OR 97223 PORTLAND,OR 97219 1S133AD12400 1S133AD10000 LEE,SHERRI K NAVAL,NICOLAS A SRJCECILIA L 11356 SW SUMMER LAKE DR NAVAL,NICOLAS L JR TIGARD,OR 97223 MALLARI,NORMA N 10705 SW 127TH CT TIGARD,OR 97223 1S133AD03300 1S133AD09600 LEE,SUSAN SO-FONG NELSON,JANET L TRUST 11/F,SILVERCORD TOWER 1 BY NELSON,JANET L TR 30 CANTON RD,TSIMSHATSUI 12732 SW SPRINGWOOD DR KOWLOON,HONG KONG,RO TIGARD,OR 97223 • 1S133AD13000 1S133AD03200 NGO,BINH T AND PHAM,QUAT BA DIEP,CUC QUACH,ANH DUY 12672 SW SPRINGWOOD DOAN,DUNG TIGARD,OR 97223 10700 SW SUMMERLAKE DR TIGARD,OR 97223 1S133AA06000 1S133AD10500 NGUYEN,DONG TIEN&KIEU HANH PISCITELLI TRUST 12770 SW CLEVELAND BAY LN BY ANTONIO/PASQUA PISCITELLI TRS BEAVERTON,OR 97008 5728 SW 52ND PORTLAND,OR 97221 1S133AA06600 1S134BC00401 NGUYEN,ERIC P PROVIDENCE HEALTH SYSTEM-OREGON 12600 SW CLEVELAND BAY LN ATTN:REAL ESTATE&PROPERTY MANAGE BEAVERTON,OR 97008 4400 NE HALSEY BLDG 1#160 PORTLAND,OR 97213 1S133AD00500 1S133AD10800 NGUYEN,HANG KIM PUN,YING KUEN AND 12670 SW TARPAN DR CHAN,SIU YING BEAVERTON,OR 97005 10636 SW 127TH CT TIGARD,OR 97223 1S133AD16100 1S133AD12500 NICOL PROPERTIES LLC RAGER,MIKE L&CAROL J 6435 SW SCHOLLS FERRY RD 11334 SW SUMMER LAKE DR PORTLAND,OR 97223 TIGARD,OR 97223 1S133AD00100 1S133AD09000 NIEDNER,ESTHER M RICHARDSON,GREG L 10500 SW TARPAN DR 12815 SW CHICORY CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD16000 1S133AD10200 PACIFIC CREST PARTNERS SCHOLLS L SEEMANN,SANDRA KAY 1430 EASTSIDE RD 10673 SW 127TH CT HOOD RIVER,OR 97031 TIGARD,OR 97223 1S133AD16200 1S133AD11800 PACIFIC CREST PARTNERS SCHOLLS L SELE,TRENTON K& 7000 SW HAMPTON ST#130 LUEHR-SELE,STACY M TIGARD,OR 97223 10740 SW 127TH CT TIGARD,OR 97223 1S133AD09400 1S133AD09500 PERRY,RANDY W&LINDA K SIX,GLENOLA TRUST 12716 SW SPRINGWOOD DR BY GLENOLA SIX TR TIGARD,OR 97223 12724 SW SPRINGWOOD DR TIGARD,OR 97223 1S133AD10900 1S133AD00800 PETERS,DAVID L AND FRANCES L SMITH,CRAIG&SAMANTHA 7411 E JAMISON DR 12750 SW TARPAN DR CENTENNIAL,CO 80112 BEAVERTON,OR 97008 • 1S133AD12200 1S133AD03400 SMITH,ROBERT L& WANG,WEN IAN& CADELL,SUSAN J LIU,TONY Y 11329 SW SUMMER LAKE DR 10740 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AA05200 1S133M04800 STINTON,CARLEE J WARNER,JEFFREY 0&LINDA S 12785 SW TARPAN DR 12685 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AA06300 1S133AD13100 STOCKLEIN,FRANK T&KAREN P YANG,HSIU-PING 12690 SW CLEVELAND BAY LN 12650 SW SPRING WOOD DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD00700 1S133AA06200 TANGALIN,DEANNA YANG,JESSICA& 12710 SW TARPAN DR WU,WINSTON BEAVERTON,OR 97005 12710 SW CLEVELAND BAY LN BEAVERTON,OR 97008 1S133AA06400 1S133AD00900 THADEN,JULIE A& YASAVOLIAN,MOHAMMAD STEELE,DOUGLAS G 20417 SW INGLIS DR 12650 SW CLEVELAND BAY LN ALOHA,OR 97007 BEAVERTON,OR 97008 1S134BC00600 1S133AA06500 THOMPSON,DENNIS C YOERGER,DAVID& 9295 SW ELECTRIC ST YOERGER,KRISTEN TIGARD,OR 97223 11080 SW GOLDFINCH TER BEAVERTON,OR 97007 1S133AD07700 1S133AD11600 THORSON,SHEVEN M YUSUPOV,SALAVAT& 10775 SW SUMMER LAKE DR YUSUPOV,EVGENIYA TIGARD,OR 97223 10724 SW 127TH CT TIGARD,OR 97223 1S133AD02800 U,KENNETH K&DOROTHY K 10620 SW SUMMER LAKE DR TIGARD,OR 97223 1S134BB00700 UNITED STATES BANK OF OREGON CORPORATE FACILITIES#355 PO BOX 8837 PORTLAND,OR 97208 1S133AD12900 VALDEZ,AMY D 12663 SW SPRINGWOOD DR TIGARD,OR 97223 Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke Todd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Shannen Williams Rappold Harold and Ruth Howland Marketing/Business Development Manager 13145 SW Benish Perlo Construction Tigard, OR 97223 7190 SW Sandburg Street Portland, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\labels\CIT West.doc) UPDATED 13-Dec-10 Mar 10 11 03: 35p chy 51 381674 • p. l CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT o PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD OREGON 97223 PHONE: 503-639-4171 FAX: 503-718-2748(Attn: Patty/Planning) EMAIL pa l)-_ntigard-or.gyv two* REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP&TAX LOT NUMBERS (i.e. IS134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than 1 tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) S c33A1)(4000, 15133Al)j61ad aid (Sl53A 16ZcO PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YQUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS.PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. ,Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called xo pick up and pay for the labels when they are ready. • NAME OF CONTACT PERSON: PHONE: .(5uS )-62-1 - y 6 z NAME OF COMPANY: F 11116te l.( t AssdcNiscs FAX: ( S°3 )-76e - r67 EMAIL: t%tue�Iye4( , T+t4;ee. cos- This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day Minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in'Will Call"by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description 311 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested. -EXAMPLE- -COST FOR THIS REQUEST- 4 sheets of labels x$2/sheet=$8.0Q x 2 sets= $16.00 sheet(s)of labels x$2/sheet=$I d x Z sets= 20.00 it sheets of labels x$2/sheer for um rested parties a 2 sets= $ 4.00 j_sheet(s)of labels x$2/sheet for interested parties=l?x�sets= .QQ ;E ERATE 1.LST = $1 t.00 GI:N.411AM.LIST = $11.00 TOTA1. = $31.00 TOTAL =$35.00 1S133AD16100 NICOL PROPERTIES LLC 6435 SW SCHOLLS FERRY RD PORTLAND,OR 97223 3/1 S l ) ), ^r'^ A 1S133AD16000 0(1 PACIFIC CREST PARTNERS SCHOLLS L L 1430 EASTSIDE RD HOOD RIVER,OR 97031 1S133AD16200 PACIFIC CREST PARTNERS SCHOLLS L 7000 SW HAMPTON ST#130 TIGARD,OR 97223 • City of Tigard 1 ,GAxI Land Use Permit Application File# Hib Q aDI I- Oco0 11 Other Case # (--4)0403 Date By Receipt# Fee, Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Historic Overlay(II or III) ® Site Development Review(II) ❑ Comprehensive Plan Amendment(IV) El Home Occupation(II) ❑ Subdivision(II or III) ❑ Conditional Use(III) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑Development Code Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Downtown Design Review(II,III) ❑Sensitive Lands Review(I,II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) !2700 SW Nord oct Sf• TAX MAPS&TAX LOT NOS. IS ifFAC1L000 , 15 133A016/00, I5(33Aa1CoZoa TOTAL SITE SIZE ZONING CLASSIFICAT ION 1• 31 acre., c-N old c-P APPLICANT* Da i 3DydtN , fie pacific. ref i? rtlier . S .t ,((s cLc- , I ei 1'1 ►Vic.o( MAILING ADDRESS/CITY/STA'T'E/ZIP 1.43. casts,de I ad , ffood (it1Gr, o11 4'703) PI-LONE NO FAX NO. 5411 . 386•4333 dioyden 0 3ar9e.riet PRIMARY CONTACT PERSON PHONE NO. ed Nv%trp lay 503- (,7141- 4162.5 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) PAC;cc Gress' pea ncrs Ll c, q„J Nica( MAILING ADDRESS/CITY/STATE/ZIP 1$130 ag sfsiCie' Goad, flood giVersi OR 7703( PHONE NO. FAX NO. Cql - 386-6333 d bayde4 @Jorge .44:1 *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) vuJtleec aJa4 fa add a pari<kl space-s , (eMol/G vna sfceeF free., add !o new trees, add ails handj'capper! accessible p@- Icbut 5eact , improve 134 Pfernui 41.4d Icreert;n4 , ;,Mpeo/e. et,cyc(a6k .Kgjr'aoJc sfarag� awl icinAnt • _ g ... ► . A CIA • a'id revise. The.. coo '9 a<ctfh4.4 d7 tiu cif nt( par (of. is\curpin\masters\land use applications\other land use applications:doe City of Tirrard I 13125 SW Hall Blvd..Tieard, OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 r , THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signatur A nP - Date _ lQ 2 - I S - I ( Owner's Signature Date Owner's Signature Date Owner's Signature Date • Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date v CITY OF TIGARD RECEIPT s . 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGA.RD Receipt Number: 181550 - 02/18/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID S DR2011-00001 SDR Under$1,000,000 1003100-43116 $4,048.00 SDR2011-00001 SDR Under$1,000,000-LRP 1003100-43117 $597.00 Total: $4,645.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 70288 KPEERMAN 02/18/2011 $4,645.00 Payor: TED DURANT&ASSOCIATES Total Payments: $4,645.00 Balance Due: $0.00 Page 1 of 1 • s• !PI ■ City of Tigard• T1GARD • • Land Use Permit Application r File# /P\ )O( � 0000_3 I Other Case# �e - (?Q 005 Date a I I Hq. 1 --ceizie6 Receipt# g I ‘`1 Fee (r -� Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Ej Adjustment/Variance (I or II) ❑ Historic Overlay(II or III) ❑ Site Development Review(II) ❑ Comprehensive Plan Amendment (IV) ❑ Home Occupation (II) ❑ Subdivision (II or III) ❑ Conditional Use (III) ❑Minor Land Partition (II) ❑ Zone Change (III) ❑ Development Code Amendment(IV) ❑ Planned Development(III) ❑ Zone Change Annexation(IV) ❑ Downtown Design Review(II,III) ❑ Sensitive Lands Review(I,II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) /Z IOC 5t.J Neri VAkdit4 Street TAX MAPS&TAX LOT NOS. 15(3 3 At 14010, (5133A 1)(6!OO, ( 5 (33H)(bzv a TOTAL SITE SIZE ZONING CLASSIFICATION (• 3( acres G- J atd (- P APPLICANT' ()a►- 3a�deh , cm- ?ac�-1 Crest pa rte rc sc 1,4 us c.t� MAILING ADDRESS/CITY/ ATE/ZIP 1'(30 L—.caS*5ide /2,cad, ti-obd / ,✓cr Ofelah 11031 PHONE NO FAX NO. 591 - 384 - 6333 c( boyden @ 50 fie . 46.1- PRIMARY CONTACT PERSON PHONE NO. -d 11,401,,,! 503- CzLi y62S PROPERTY OWNER/DEED HOLDER(Attach list if more than one) pc c14;c c rest Par+rters Sc.1.L IIS C,La MAILING ADDRESS/CITY/STATE/ZIP AI SO Gusfs;de. Road , *cid R;is -, ore. c$4 et70 PHONE NO. FAX NO. 5y1 — 38G - 6333 dboydet(± 9orose,. e+ *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) Pad tvly Pi-C1 j L4Stil e to exceed fie. Sol Ii' ti fu) vi opt itto. picecevifaya C.. • c ar ,; • s•ac - o , • o _ ' • rtfiy,: e �h spaces f c,jWc'Lt is ( o T • is\curpin\masters\land use applications\other land use applications.doc City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations`of the approval. ♦ All 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,map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signatu Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date wii CITY OF TIGARD RECEIPT g . 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 181654 - 03/02/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID VAR2011-00003 Reduction Min or Increase Max Parking 1003100-43116 $559.00 Ratio VAR2011-00003 Reduction Min or Increase Max Parking 1003100-43117 $83.00 Ratio-LRP Total: $642.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 70296 STREAT 03/02/2011 $642.00 Payor: Ted Durant &Associates Total Payments: $642.00 Balance Due: $0.00 Page 1 of 1 CO YY1 p I e+E., 1(1 e..S S Pespov1sQ TIGARD City of Tigard February 23,2011 Ed Murphy&Associates Pacific Crest Partners Scholls,LLC Ed Murphy,Principal Dan Boyden,Partner 9875 SW Murdock Street 1430 Eastside Road Tigard,OR 97224 Hood River,OR 97031 RE: Completeness Letter SDR2011-00001 Dear Mr. Murphy, The City has received your application for Site Development Review approval for eight additional parking spaces, five of which have already been constructed.The application also includes pervious storage area south of 12700 SW North Dakota,removing a street tree,providing mitigation trees of equal or greater total caliper size,providing a street tree not planted from the original site review, adding an ADA parking space to achieve minimum requirements,revising the layout of the central parking area to widen the aisle to near minimum width, the three new parking spaces, and replacing missing bicycle parking.The plans also reflect what appear to be a C-3 Buffer Standard at the north portion of the west boundary and a C-2 Buffer Standard at the east portion of the south boundary. Upon initial review staff has found the application to be substantively incomplete and asks you to address or provide the following in the narrative and/or on the plans: 41.01141, N /1.) Change narrative references regarding"Quizno's","sandwich shop", or"Bagel Expresso"to "Vacant retail space",the only approved use for that space. 1/2.) Provide trash hauler's acceptance letter regarding your curb-side pick-up of recyclables. 11.241N Ppwi ✓3.) Provide plans,detail sections and cut sheets for installation of pervious pavement,or details if using pre-cast pavers. /4.) Provide detailed description of the"alternate screening plan"mentioned on page 7 of the narrative and show how it equals or exceeds the standards listed in the code for the C-3 and C-2 options.All aspects of buffering and screening must be provided on the subject property. Survey pins may need to be shown. v5.) Show on the plans the six foot wood fence or equal that completes the recyclable materials enclosure/storage area. /6.) Pervious paving cannot be considered as landscaping. Adjust totals of site coverage and landscaping areas by +/- 760 square feet. Verify with the Building Division that the new ADA parking space meets design standards and adjust plans accordingly. /8.) Only 50% of the required parking spaces may be sized for compact spaces. The plans show 44 compact and 29 standard spaces. ✓9.) You can submit an application for a parking adjustment,a Type II review, and it will be reviewed concurrently with this SDR. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov . 1114 n TIGARD City of Tigard ✓10.)The first table,"1996 Uses",must include 5 spaces for 2,145 square feet of vacant retail space to be correct and current. (The 460 sq. ft.variable does not change the parking) ✓11.)There was no multiple use reduction factor for parking requirements in 1996, therefore 63 is the correct number of required parking spaces. ' '12.)Beginning on page 16,references to"Quizno's"or"Bagel Expresso" are inaccurate, as neither had applied for land use review as required in the C-N Zone,and cannot be considered or reviewed relative to this Site Development Review. It should be noted that staff has conducted an initial review of the application submittal to report these items in a timely manner. During the detailed review process additional issues may arise which require further clarification. Call me anytime at 503-718-2440 or e-mail me at hap( ltigard-or.gov. Rey t'.s, 0 ip a:IL 1 14fl Darrel"Hap" i1!:.• s Assistant Planner CC: SDR2011-00001 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov •• ED MURPHY & ASSOCIATES RECEIVED TRANSMITTAL MEMO MAR 0 2 2011 CITY OF TIGARD Date: March 2, 2011 PLANNING/ENGINEERING To: Hap Watkins Firm: City of Tigard From: Ed Murphy Phone No.: 503-624-4625 Subject: Major modification of SDR - Scholls Ferry Center Message: Hap, enclosed please find two copies of our revised application for SDR approval for improvements to the Scholls Ferry Neighborhood Commercial Center, as well as our application for a Parking Adjustment to the maximum percentage of compact parking spaces. I believe we addressed everything you mentioned in your letter dated February 23rd. Please review it again for completeness, then let me know how many additional copies you would like. Thank-you for your assistance. Ed Murphy 9875 SW Murdock Street,Tigard,Oregon 97224 RECEIVED MAR 0 2 2011 CITY OF TIGARD PLANNINGIENGINEEMING SITE CALCULATIONS DOSING PROPOSED TOTAL SITE AREA: 57,044 SF REQ.LANDSCAPE AREA 8,557 SF(15%) LANDSCAPE AREA 11,808 SF(20.7%) 9,954 SF(17.5%) PARKING SPACES: 65 SPACES 73 SPACES ACCESSIBLE: 3 4 STANDARD: 29 25 COMPACT: 33 44 PLANTING LEGEND SYMBOL BOTANICAL/COMMON NAMES SIZE COMMENTS (11-0 Ater rubrum Red Sunset 2.5'Cal. Standard uniform appearance Red Sunset Maple 0 Carpinus betulus Fastiglata' 2 1/2'Cal. Standard uniform appearance European Hornbeam Prunus semilata Kwanzan' 2 112'Cal. Standard uniform appearance Kwanzan Cherry MN. LENGTH EQUAL TO BASE 1111QQrESS EDGE RETRANT PER MFR. Z- sPEaFLCATIM RRv(►cT f(TMf AVIV D►AFRS RECEIVED DI MAR 0 2 2011 CITY OF TI ' _ _ PL , . ,�ERI.. o —���� __ NEW 2 1/2. CAL ~- TREE TO MATCH EX REMOVE EXISTING ' INTERIOR TREES • ' al0r 1- CURB NEW IMPERVIOUS AREA '' NEW CURB l REPAIR /REPLACE D STING �� FENCE AS NECESSARY 1 NEW COMPACT IF • - 1 ,....""-/- ' SPACES (6) • 1 I ? � 11.8 !' ------ 1 f I it EX TREE (TYP.) 4. Ir I EXISTING 6 - 12' HIGH � ' M I t,,I II ARBORVITAE HEDGE 1 NEW tlttts TO MATCH — EX. BUFFER TREES (2) ill 1 i 11.18Iv INSTALL SHEILDS ria. • . s ON DOSTING LIGHT FTXTURES (4) UTILITY BOX EXISTING GATE ' r EX. EX TREE I I : - NEW RB AD,�IST EXISTING REMOVE EXISTING _ '.OJRB IRRIGATION SYSTEM 14.00 RE-STRIPE EXISTING AS NECESSARY I I SPACES (3) TO CREATE I COMPACT SPACES (4) I o i DOSING STORMWATER T 19 1 . RASH n --- 7--::---1-•-•-• - ---4:ell■l■A i v t." I 1 \. I /j . 1 III I 1 I I PLANTING LEGEN SYMBOL BOTANICAL/COMMON NAMES SIZE COMMENTS Ater rubrum'Red Sunset 2.5'Cal. Standard uniform appearance 0 Red Sunset Maple Carpmus betulus`Fastlgiata' 2 f l2'Caf. Standard uniform appearance European Hornbeam Ptvnus semilata Kwarizan' 2 f/2'Cal. Standard uniform appearance Kwanzan Cherry c \\J5o t 2 �k-`\ CITY Of T�G�loa PLl� 1``�'Ii;.. M1N. LENGTH EQUAL TO BASE TF�CKNESS EDGE RETRAINT PER MFR. SPECIACATTON PRECAST CONCRETE PAVERS (MIN. 2-3/8' THICK) N0. B AGGREGATE IN OPENINGS •..1� i�.t�l.;);1.,l BEDDING COURSE, 1-1/2 TO 2 '--!�j ��M.I 7WCK (N0. 8 AGGREGATE) W r18 : i b. o . i i COACTED AGGREGATE BASE Z' TO 4=••-O..1x�• O•• ••. o• 1t-11-t t-t-II-it- tt-tt-! i i i I i i- I I i I- EXISTING SOIL POROUS PAVER INSTALLATION MOTTO SCALE NEW 2 1/2' CAL TREE (TO WATCH DOSING) REMOVE DOSING CONC. CURB AND PAVING; CUT CONC. AT EXISTING JOINT F POSSIBLE NEW DISABLED-ACCESS PARKING SPACE & ACCESS LANE PER ADA SIDS CYCLE RACK CES) EX. CONC. PAVING NEW PERVIOUS PRECAST PAVER SURFACE NEW DISABLED-ACCESS -" RAMP PER ADA SIDS NEW BICYCLE RACK (2 SPACES) -r EXISTING 'TREE AS NECESSARY EXISTING 6-FOOT HIGH CHAINLIIK FENCE WITH SLATS EXISTING MATURE EVERGREEN TREES ONI 33NI it y�IPINYld lloZ Z 0 a'dW CI3A1303b1 NEW 6-FT. HIGH WOOD FENCE WITH 5-FOOT WIDE GATE NEW PERVIOUS PRECAST PAVER SURFACE REMOVE EXISTING TREE & ROOTS III _ " City of Tigard Land Use Permit Application TIGARD APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. ➢ This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. ➢ Three (3) copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. ➢ Each packet must be collated. ➢ Plans are required to be a minimum of 24"x 36"or 22"x 34". ➢ Plans must be FOLDED,rolled plans are not accepted. Applicant Staff Documents, Copies and Fees Required Completed Master"Land Use Permit"Application with property owner's signature or name / of agent and letter of authorization //D✓ V �fikTitle transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Documentary evidence of Neighborhood Meeting:Neighborhood Meeting Affidavits of ✓ Posting&Mailing Notice,Minutes,Sign-in Sheets Service Provider Letter Impact Study per Section 18.390.040.B.2(e) Copy of the Pre-Application Conference notes Filing Fee (see fee schedule) N/A Preliminary Sight Distance Certification N/A- Preliminary Storm Calculations Arborist Report Traffic Report(if Required) Maps or Plans (Plans must be at least 24"x 36") t.j i A Architectural Drawings (elevations &floor plans) Existing Conditions Map ✓ Landscape Plan Preliminary Grading/Erosion Control Plan N'/t4 Preliminary Partition/Lot Line Adjustment Plan Aid A Preliminary Storm Drainage Plan N/A Preliminary Utilities Plan rr/A Public Improvements/Streets Plan Site Development Plan • r A Subdivision Preliminary Plat Map /A Topography Map v/ Tree Preservation/Mitigation Plan Vicinity Map ➢ Once your application has been deemed substantially complete you will be notified by the Planning Division in the form of a completeness letter indicating that you will need to provide the following: Two (2) sets of stamped,addressed#10 envelopes for all owners of property within 500 feet of the subject property (the 2 sets must remain separated for the purpose of 2 mailings). Mailing envelopes shall be standard legal-size (#10), addressed with 1"X 4"labels (please see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (please see request for 500'property owner mailing list form). I:\CURPLN\Masters\Submittal Requirements Check List.doc (updated:21-january-10) Scholl's Commercial Center Com,,f Met Not Met N/A Comments 18.7X The required number of street trees is not proposed along the southeast frontage(adjacent to 12700 N. Dakota). A Type I adjustment is required to not plant the required number of street trees due to space constraints. 18.745.050v X -Additional parking lot trees are required Buffering to meet the"one tree for every seven Scree g parking space"requirement. One 1 adjacent to 12744 and two adjacent to a 12700 N. Dakota are required. 18.790.030: �LI" X The tree plan does not include an Tree Plan ,�� inventory of all trees over 6" DBH and Requirem �" identify which will remain and be \\\\lb removed. No mitigation calculations have been provided and no specifics as 0\(....--- to how remaining trees will be protected during construction have been included. 18.790.050: X Permit Applicability Todd Prager Associate Planner/Arborist March 2,2011 PUBLIC FACILITY PLAN Project: SDR2011-00001 Scholls CC COMPLETENESS CHECKLIST Date: March 7, 2011 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo N/A on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. N/A ❑ Stubs to adjacent parcels required/shown? N/A WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention 1. Existing detention system is provided? compromised by accumulation of leaves and blockage created by backfill and a culvert installed in the system. The viability of the existing system needs to be evaluated and certification is needed with supporting calculations that the system is still adequate for the existing developments on the property. 2. The existing system in its present condition is not functioning as a water quality treatment facility. There is a large accumulation of leaves covering the existing system and no evidence of plantings REVISED: 03/07/11 in the deep swale. The facility has to be cleaned out, restored and made functional. Water quality calculations to verify the adequacy of the restored system must be submitted as part of this restoration. ® Water quality/detention facility shown on plans? Corrective actions not shown on the plans. ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ® COMPLETE ® INCOMPLETE By: 1 p- Date: March 7, 2011 REVISED: 03/07/11 ♦♦♦ ED MURPHY & ASSOCIATES ♦ RECEIVED TRANSMITTAL MEMO MAR 1 4 2011 CITY OF TIGARD Date: March 10, 2011 PLANNING/ENGINEERING To: Hap Watkins Firm: City of Tigard From: Ed Murphy Phone No.: 503-624-4625 Major modification of SDR and Parking Adjustment - Subject: Scholls Ferry Commercial Center Message: Hap: Enclosed please find 4 (full set) copies of our revised collated application materials, 10 copies of the site plan and narrative only, and one additional copy of the reduced plan set at 8 1/2 X 11 inches. We have also included a CD copy of all the application materials. We are also providing two sets of pre-addressed and stamped envelopes. Thank-you for your assistance. Ed Murphy 9875 SW Murdock Street,Tigard,Oregon 97224 . w TIGARD City of Tigard March 10, 2011 Ed Murphy&Associates Pacific Crest Partners Scholls,LLC Nicol Properties LLC Ed Murphy, Principal Dan Boyden,Partner Keith Nicol, DVM 9875 SW Murdock Street 1430 Eastside Road 6425 SW Scholls Ferry Rd. Tigard, OR 97224 Hood River, OR 97031 Portland, OR 97223 RE: Completeness Letter - Scholls Commercial Center SDR2011-00001 VAR2011-00003 Dear Messrs. Murphy and Boyden, and Dr. Nicol, The City received your supplemental application materials March 2, 2010 for Site Development Review Approval to construct eight new parking spaces and Parking Adjustment Approval for approximately 60% of the total spaces to be compact size. Staff has completed initial review of the revised submittal and has determined the application will be complete when the comment review copies are submitted with the mailing envelopes. At that time the 120 day review period for local decisions will commence. It should be noted that staff has not reviewed the application submittal for compliance with all the relevant code criteria, and that additional issues may arise during the review which may require further clarification. Please provide 4 (full set) copies of your revised collated application materials, 10 copies of plans and narrative only,and one additional copy of your reduced plan sets at 8 1/z X 11 inches for our records.You must also include a CD copy of all application materials. Also provide two sets of pre-addressed (no return address), stamped (not metered) #10 size plain white envelopes. Contact Patty Lunsford at 503-718-2438 for address labels of property owners located within 500 feet of the subject site. Should you have questions, please call me at 503-718-2440 or e-mail me at hapatigard-or.gov. Re;.: ds, G Darrel"Ha 'Watkins Assistant Planner CC: SDR2011-00001/VAR2011-00003 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • III 1: TIGARD City of Tigard March 14,2011 Ed Murphy&Associates Pacific Crest Partners Scholls,LLC Nicol Properties LLC Ed Murphy, Principal Dan Boyden, Partner Keith Nicol, DVM 9875 SW Murdock Street 1430 Eastside Road 6425 SW Scholls Ferry Rd. Tigard, OR 97224 Hood River, OR 97031 Portland, OR 97223 RE: Completeness Letter- Scholls Commercial Center SDR2011-00001 VAR2011-00003 Dear Messrs. Murphy and Boyden, and Dr. Nicol, The City received your comment sets of plans and narratives today,March 14, 2011. Included were the two sets of addressed, stamped envelopes for mailing notices. Your application is now deemed complete and the review process will begin. Please note that staff has not reviewed the application submittal for compliance with all the relevant code criteria, and that additional issues may arise during the review which may require further clarification. Should you have questions,please call me at 503-718-2440 or e-mail me at hap@tigard-or.gov. Re rds, 1 "463 Darrel"Hap" atkins Assistant Planner CC: SDR2011-00001/VAR2011-00003 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov rr NCE." TICOR TITLE I NSURA Customer Resource Center Phone: 503.219.1000 Email: Ticor.Resource @TicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Pacific Crest Partners Scholls L Parcel Number : R2049968 CoOwner(s) : Ref Parcel# 1S133AD 16000 Site Address : 12526 SW Scholls Fry Tigard T: 01S R: 01W S: 33 Q: NE QQ: SE Mail Address : 1430 Eastside Rd Hood River Or 97031 Telephone SALES AND LOAN INFORMATION Transferred : Loan Amount : Document#: Lender Sale Price : Loan Type • Deed Type : Interest Rate : % Owned : Vesting Type : PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land : $670,160 Census Tract : 316.08 Block: 1 Mkt Structure : $742,820 Neighborhood : ZBVT Mkt Total : $1,412,980 School District : Beaverton %Improved : 53 Subdivision/Plat: M50 Total : $1,056,930 Class Code : Banks & Financial Institutions Levy Code : 05185 Land Use : 2010 Com,lmproved 09-10 Taxes : $16,767.35 Legal : 1995-073 PARTITION PLAT, LOT 1, Millage Rate : 15.6205 : ACRES .71 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : .71 Year Built : Bathrooms : Lot SqFt : 30,927 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1 stFIrSF : Roof Matl : Hood Fan : UpperFISF : InteriorMat : Deck : Porch SqFt : Paving Matl : GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed TICOR TITLE INSURANCE'" Customer Resource Center Phone: 503.219.1000 Email: Ticor.Resource @TicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Pacific Crest Partners Scholls L Parcel Number : R2049971 CoOwner(s) : Ref Parcel # : 1S133AD 16200 Site Address : 12700 SW North Dakota St Tigard 97223 T: 01S R: 01W S: 33 0: NE QQ: SE Mail Address : 1430 Eastside Rd Hood River Or 97031 Telephone SALES AND LOAN INFORMATION Transferred : Loan Amount : Document#: Lender Sale Price : Loan Type Deed Type : Interest Rate : % Owned : Vesting Type PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : 655 B2 Mkt Land : $339,660 Census Tract : 319.03 Block: 2 Mkt Structure : $1,440,950 Neighborhood : ZBVT Mkt Total : $1,780,610 School District : Beaverton %Improved : 81 Subdivision/Plat: M50 Total : $877,690 Class Code : Levy Code : 05185 Land Use : 2010 Com,lmproved 09-10 Taxes : $13,923.83 Legal : 1995-073 PARTITION PLAT, LOT 3, Millage Rate : 15.6205 ACRES .39 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : .39 Year Built : Bathrooms : Lot SqFt : 16,988 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1 stFIrSF : Roof Matl Hood Fan : UpperFlSF : InteriorMat : Deck Porch SqFt : Paving Matl: GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed —,---• 7._______ ____=__=_-=-_-_.-_-==-___—===.L_m__ __— -.• _ --- '• 664 :::00 ----- _ .. . STATE OF OREf3ON } County of Washington i .. . : • or Mow- . .. I t.JorTY ■ -..A / ' :111 mint and •0-n—.•' -t•414pit• c'c'untY Clerk for a•-•• '7,1•F.I. •‘...,, ' that the . • • -• •0',7'.......4,41".:,,.; coivod ;_,,,., .and "Id- • • ••• • I. — '. • ' , county, * .;• ‘1Pilgi 1•12../41.11 •/,%-:, '''.5.,1410:., ..•;:." c,.. _ ___ _ _ 11/17/1994 10:43:45AM DRecct: 94104487 --It 1 1 —._ ..: -1 '.7.I .: 1 r,- ._ ' i ..,..- .._ . . .1 .s; ..,, -,, .., ..,. 1 .---- -.4 —,--T.:1-7,7: —77: ---. . .,,,.....e.4....t.A*4-.,.;.Q...,....:.‘,..:, -.. .-. • . "I.-.1 ... rE r7.,,_.:1-.4%.:;':.•.-:- . - . _, -74=i-_-L-4•47......---1-:_,... ;__:.,.. . ... - • _ • ._ t:71/1"-I'1,,,. ,Alti-11,;,r."-::••:" :.. -.' . • - , -,... .017Aettot4'''''''' 1 . . .- ....-,E,2,--_,:.:....• ___1_,__ % ... "*. . ,•-•• „.r._.;_.__,... .lre iiiieloiiiiee•I se•*es*iiiieiiiiiiiie 46--iioliiift11------" - ...._...my, -.721.11616 ...1WiLlii•RiailillillinalLWA.,..n— .. ``�ti t A Y[R/Ci After recording return to: • y Pacific Crest Partaera Scholia, L.L.C. 911 Oak Street Hand River, Oregon . 97031 o Until a change is requested all tax statemetts = shall be sent to the following address. _ Pacific Crest Partners Scholia, L.L.C. 911 Oak Street Hood River, Oregon 97031 Title Order No. Escrow No. 94160153 STATUTORY WARRANTY DEED Lee Reed Cunningham, Grantor,conveys and warrants to Pacific Crest Partners Scholls, LLC. , i.� Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: SEE EXHIBIT"A" ATTACHED HERETO FOR LEGAL DESCRIPTION =aw This property is free of liens and encumbrances, EXCEPT:Statutory Powers and Assessments of -;;� Unified Sewerage Agency; rights of the public in and to that portion of the premises herein '-'44.111 described lying within the limits of roads,streets or highways; easement for vehicular ingress and `.. 0 egress recorded in Fee No.85027461;relinquishment of access as disclosed by document recorded as Fee No. 92061303; easement for slope and the maintenance thereof recorded in Fee No. 92061303 CO i. g I rsd THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS c. to INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND cc 3 V' REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE C(Th PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY 'e I APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. 10 d-e The true consideration for this conveyance is 5624,555.00 Paid to an Accommodator Purs:iant to t (02.6 an IRC 1031 Exchange(Here comply with the requirements of ORS 93.030) _ D ted this 16th of November, 1994. —�� 1l�� cj�_ �EE REED UN • HAM ,.� v 6_7_.00 I a, ,: i' DATE IIr Ir STATE OF OREGON I. County of Multnomah ) SS: , • 1 This instrument was acknowledged before me on 16th day of November , I994, by Lee Reed Cunningham. / �ii��/-1)/ 1`fG, 1. . C noN53FlIdk3NO1S51wwooAYi Notary Public fcr Oregon IN Ls tKlIIdO'ON h0155IwwJ7 My Commission Expires 1 1/03/97 tVutronsrte AtiV1ON �.=1 gnaw-a NZynvri :L: II: Te181Y17LiiO ^�c� I• i_. 0FFICIAL5`S t i• MAUR[ENe.Rt.LICH t .r.— NOTARY PUBLIC-OREGON •• CCMk:S:IO'7 NU.mast MY COMMISSION EXPIRES 1 O✓.3.1097 me [. ii o lam et"' ''. '4.. "6... ' " "" -. ' tiltbalitat ;la.,::::. ..,-...;-:,.• ' 2. • :'•:-....'.. :' 'P'..,i'1......':.;.bell i ' :• 'i Z'•:." '-::al p 111114i il . - -:: ,. l• •' ' • ' " w - • -:0 V iii • , ... . , - ...• 4 . 1 „. • . :: . ; . . ligip gl H 1 ;c.,.. g :. • I. ie. 1 .. 111 1" m„1 i kAll : • • * ,.. _is oasv l . • le 13 11311 11R • 5 c I-1 • : .• • g giti1J' (1'1 ] pd 1 1 ' 15 a gp le 1 ic i 13) ,„iag 15 8 i • H :: 1 • g *a v i •19 I.: ,, I: 1 i 1 il 11MV d g ,1. • JO • ... — NA 1 1 A itiliji • ; •: , . .. . t.„(il I 1 lg. C , 1I°!kilt ill slizigRA zm 1 ts‘ a d mil „F. lie I , 1 , 2 ii; iligilil III , • .- • ..,.: — 40 I 1 111 l'il-I-9 .0 Nli — .. ti ..::::,•.;.:.'i.-::_'::-'xi::-.,:-.2-::,:.,.: AO • "....ie-PNAF,•,4.,: ..:A.q- - . 1'7:44?-4i! e.,) ::•1,":-gii: le it4- i.',i,.- ,■Ti-I4Ll d• [s.'4$ i' ?1er i ;4r,r'Lg?,q I Fie iriidi i.! .ili4liChitili vi lirt A, r4a..,I i i iiiii iii I N1.,11 1 ,.- TIC `"R TITLE INSURANCE TICOR Resource Center Phone: 503.219.1000 Email: Ticor.Resource @TicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Nicol Properties LLC Parcel Number : R2049969 CoOwner(s) : Ref Parcel # : 1S133AD 16100 Site Address : *no Site Address* T: 01S R: 01W S: 33 Q: NE QQ: SE Mail Address : 6435 SW Scholls Ferry Rd Portland Or 97223 Telephone SALES AND LOAN INFORMATION Transferred : 05/01/2006 Loan Amount : Document#: 52053 Lender Sale Price : Loan Type Deed Type : Warranty Interest Rate : % Owned : 100 Vesting Type : Corporation PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land : $196,890 Census Tract : 316.08 Block: 1 Mkt Structure : $921,270 Neighborhood : ZBVT Mkt Total : $1,118,160 School District : Beaverton %Improved : 82 Subdivision/Plat: M50 Total : $310,860 Class Code : Single & Small Strip Store Levy Code : 05185 Land Use : 2010 Com,Improved 09-10 Taxes : $4,931.54 Legal : 1995-073 PARTITION PLAT, LOT 2, Millage Rate : 15.6205 : ACRES .21 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : .21 Year Built : Bathrooms : Lot SqFt : 9,147 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1stFIrSF : Roof Matl Hood Fan : UpperFISF : InteriorMat : Deck : Porch SqFt : Paving Matl : GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished.without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed Washington County,Oregon 2006-052053 05/0112006 04:45:47 PM D•OW Cnt.1 W•10 A DUYCK $6.000$0.00$11.00..Tar•$2200 AFTER RECORDING RETURN TO: I 11IIIIIIIIII11fIIgIII 11111 Gary M.St.LOUIS t,Jerry Manson,Dinetor OAnn.merit and Taxation -or, snoiti,DeI•le County Clen/er YVOnlifir.Counts, .4 '% 1606 SE Glenwood Street Ontlen,do n.r.ay e.rnN tn.t the wrcnm inarum.rd er k._,, a wltlna we.nc•Ir.a.nd remeled In M.se.MM .,,.: Portland,Oregon 97202 "cones of told county. (]�_`.I-fl�_W Jerry R.Hanson,OVeetor$Au.nnnnt and i.ntlen, s,•c- UNTIL A CHANGE IS REQUESTED ALL i• C,C ya.a TAX STATEMENTS SHALL BE SENT TO: NO CHANGE. STATUTORY WARRANTY DEED KEITH D.NICOL and BARBARA J.NICOL,Grantor,conveys and warrants to NICOL PROPERTIES, LLC,Grantee,the following described real property free of encumbrances except as specifically set forth herein: Parcel 2,PARTITION PLAT NO. 1995-073,in the City of Tigard,County of Washington, and State of Oregon. Said property is free from encumbrances except Trust Deed,easements,restrictions,and declarations of record. The true consideration for this conveyance is$1.00 and other good and valuable consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON 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. Dated this day of ,2006. *,LAZ‘ 1.0 hL /a . ,I ' KEITH D.NICOL BARBARA J. ! OL STATE OF OREGON ) ) ss. County of77n+az-) This instrument was acknowledged before me on_915A,_/1_. ,2006,by KEITH D.NICOL. -, IRIS K P UJOHNSON 1�n sr NOToF1aAL G sFOARL \ yI coMMS O No. (;ON 36eeRe Notary Public fo Oregon MYCOMMI".Cx,,%PIRESMARCH24.2007 _ My_Commission.Expires:- 43/24907 STATE OF OREGON ) ''�, • ) ss. County of I'^ 4-7 ) r This instrument was acknowledged before me on V.C./IC) 01 ,2006,by BARBARA J. NICOL. 1I l !_ 1: �. OFFICIAL SEAL / 1 "�(/_ A�>•� NOTARY PUBLIC•ORE 1, :,My cots COMMIS�ON C'904(1°11492°0g Notary Public for Oregon MISSION EXPIRES MARCH 3-o]`i 'Cl--) _ My Commission Expires: ijrc2005nicolstatwurdccd 120805 L Projec-+ I\Jarro+i've • CEIVED MA CFFE6 R 0 2 2011 CITY OF TIGARD }' GlENGINEERING .P41 • S COFFEE u - i • . • I v.__ . 7-47: . - -J Chi Scholls Commercial Center Major Modification - Site Development Review Parking Adjustment — Percentage of Compact Parking Spaces 12700 SW North Dakota Street Prepared by: Ed Murphy & Associates For: Dan Boyden, Pacific Crest Partners Scholls, LLC Submitted to: City of Tigard Date: March 2, 2011 Scholls Center-SDR Application EXHIBITS Exhibit '1' Location Map Exhibit '2' Tax lot map Exhibit '3' Aerial photo Exhibit '4' Pre-application conference notes Exhibit '5' Neighborhood meeting documentation and minutes Exhibit '6' Site photos Exhibit '7' Preliminary Site plan Exhibit '8' Letter from Waste Management Exhibit '9' Clean Water Services pre-screen letter Exhibit '10' Arborist report schol I scen ter/3/2/11 25 Scholls Center-SDR Application KEY INFORMATION Project Name: Scholls Center Site Development Review (SDR) Property Description: The site is developed as a small commercial center with approximately 15,665 square feet of leased space. The site currently has 70 off-street parking spaces available. Location: Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. The address of the center is 12700 SW North Dakota Street. See Location Map, Exhibit '1'. Legal Description: The site is comprised of three tax lots: 1S133AD16000, 1S133AD16100 and 1S133AD16200. Washington County. See Tax Assessor's Map, Exhibit '2'. Parcel Size: The three parcels total 1.31 acres in size. Zoning: Tax lots 1S133AD16000 and 1S133AD16200 are zoned Neighborhood Commercial (C-N), and tax lot 1S133AD16100 is zoned Professional/Administrative Commercial (C-P). Applicant: Dan Boyden, hereinafter referred to as "owner". Property Owners: Pacific Crest Partners Scholls LLC (which owns tax lots 1S133AD16000 and 1S133AD16200). Tax lot 1S133AD16100 is owned by Dr. Keith Nicol, and is used for the Sorrento Animal Hospital. Owner's Contact Info: Dan Boyden Pacific Crest Partners LLC 1430 Eastside Road Hood River, Oregon 97031 541-386-6333 Keith Nicol Sorento Animal Hospital 12730 SW North Dakota Street Tigard, Oregon 97223 503-524-5029 Owner's Representative: Ed Murphy, AICP, Planning Consultant Ed Murphy & Associates 9875 SW Murdock Street Tigard, Oregon 97224 503-624-4625 telephone murphyed @frontier.com scholls cen ter/3/2/1 1 1 Scholls Center—SDR Application SUMMARY The owner plans to add seven more parking spaces to the parking areas west of the bank and one north of the veterinarian hospital, for a total of eight spaces. In addition, he plans to construct a hard surfaced area behind the main building for a recycling and storage area, and screen that area from view by installing a fence along the south property line and a portion of the east property line. Finally, he plans to make other improvements to the site, including: • Installing one more street tree along SW Scholls Ferry Road; • Installing three new trees to mitigate the removal of one street tree; • Installing two bike racks; • Designating one more parking space as a handicapped accessible space, for a total of four accessible spaces on the site; • Revising the central parking area to conform more closely to current standards; • Shielding the floodlights on the west side of the bank building so the light does not cross the property line; • Improving the screening and buffering along the west property line of tax lot 1S133AD16000, i.e., behind the bank building; • Improving the screening and buffering along the south property line of tax lot 1S133AD16200,i.e., behind the main building; • Restoring the functionality of the storm water quality and detention facility by removing the leaves and adding river rock and plantings. BACKGROUND INFORMATION The site: The site is developed as a small commercial center with approximately 15,665 square feet of leased space. The tenants include a bank, a veterinary clinic, a beauty parlor, a drycleaners, a coffeehouse, and a restaurant. There is also a 2,145 square foot space that is currently vacant. The site has 70 off-street parking spaces available right now, including five spaces recently added behind the bank. The site is fully developed, although there is room for the three additional parking spaces proposed. Adjacent uses. To the east is SW North Dakota Street, with a Providence Medical Group clinic directly across the street; to the south is a KinderCare Learning Center; to the west is residential (single-family detached homes); and to the north is SW Scholls Ferry Road. See Aerial Photo, Exhibit '3'. Prior Approvals and Reviews: The City approved: • Conditional Use Permit for a veterinary clinic in the C-P zone in 1979; • Site Development Review for the bank and retail office spaces in 1994; • Zone change from C-P to C-N for two of the tax lots in 1996; • Conditional Use Permit for Starbucks in 1996; • Major Modification of the site plan in 1999, when the owner added 5 more spaces in the northeast corner of the site. 2 schollscenter/3/2/1 1 Scholls Center-SDR Application There are no other prior land use approvals on this parcel. The owner and his representative attended a pre-application meeting with City staff on December 21, 2010. The pre-application conference notes are attached as Exhibit '4'. Proposed Improvements: The improvements are summarized above, and mostly involve constructing additional parking and providing additional landscaping. No changes to the buildings are proposed or necessary. No changes to any of the existing utilities are necessary. The site is already served with adequate sewer and water services. The storm water from the site is detained on-site, and is treated in an approved water quality facility prior to being discharged to an existing storm water pipe in SW North Dakota Street. The owner is not proposing any new freestanding signs or any wall signs, or any additional exterior lighting on the building or on the site. No changes to the egress or ingress is proposed. Work already completed: As alluded to above, Mr. Boyden, the owner of tax lots 1S133AD16000 and 1S133AD16200, added five parking spaces behind the bank building in July of 2010, without first securing Site Development Review approval. The City issued a notice of violation on November 12, 2010. Mr. Boyden has signed a voluntary compliance agreement, which includes applying for SDR approval. The reason the owner constructed the new parking spaces without SDR approval was as follows: The main parking lot was in major failure and needed to be repaired. With the center full and the tenants struggling with the economy, the owner had delayed the repairs, since closing the parking lot would effectively deprive the tenants of desperately needed revenue. Last spring, Pasta Veloche, the previous restaurant, closed. The owner had a small window of good paving weather, and a reduced parking load, to close and repair the main parking lot. He hurried to get the job bid and scheduled for the summer paving season, and before the new tenant, Pasta Pronto, opened on September 1st, 2010. Unfortunately, the idea of adding new parking stalls came up late in the process; but to the owner, it seemed like a great way to provide additional on-site parking. He realized, however, that he could not secure SDR approval in time for the summer 2010 paving season. Further, he knew that shutting the parking lot down again on another day for this work - after Pasta Pronto opened - would cause undue stress on the tenants, and would be less efficient for the contractor. The owner was aware that Development Code allowed this parking, with proper layout and screening (and without going above the 85% maximum lot coverage standard). He decided to go ahead and construct the parking while he had the opportunity. This explanation is not an attempt to justify the violation of City codes, but just to describe the circumstances under which the owner proceeded. The additional parking area has served the center well for the last several months, and appears to provide adequate room for parking and maneuvering. However, it does not meet all of the dimensional requirements. Most notably, the parking spaces are required to be at a 45-degree angle to the aisle in order to provide the necessary aisle width. As long as he is re-constructing and re-striping those five spaces, the owner decided he should try to maximize the off-street parking on the site at this time; therefore, he is proposing to add three additional parking spaces to the five created last summer. schollscenter/3/2/11 3 Scholls Center—SDR Application Neighborhood Review: The owner and his representative held a neighborhood meeting on January 25, 2010 at Meadows Group, Realtors, Inc. office building, after sending notices to the owners of any properties within 500' of the site. A summary of the meeting, along with documentation of the notices, is attached as Exhibit '5'. RESPONSE TO APPROVAL CRITERIA 18.360.090 Approval Criteria A. Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; RESPONSE: This commercial center was built in 1995-96 and met the applicable standards at that time. Little has changed on the site or buildings built on the site since the original construction. The utility (water, sewer and storm water) systems, the ingress and egress, the street improvements, and the landscaping improvements are all the same. The applicable standards in this case are primarily the off-street parking standards contained in Chapter 18.765, which affect the proposed eight new parking spaces just west of the bank. The other applicable standards are those contained in Chapter 18.755, Mixed Solid Waste and Recyclable Storage, which affect the proposed recyclable storage area behind the main building, and Chapter 18.745 Landscaping and Screening, which applies to the proposed screening along the west property line and the screening along the south property line. Once the proposed improvements are completed, the site will comply with the applicable standards of the Development Code. Responses to applicable supplementary requirements are listed below, under Criterion #5, starting on page 15. 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and 4 schollscenter/3/2/1 1 Scholls Center-SDR Application (4) Oriented with consideration for sun and wind. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. c. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include, but are not limited to the following: (1) Water quality facilities (for infiltration, retention, detention and/or treatment); (2) Pervious pavement; (3) Soil amendment; (4) Roof runoff controls; (5) Fencing to guide animals toward safe passageways; (6) Re-directed outdoor lighting to reduce spill-off into habitat areas; (7) Preservation of existing vegetative and canopy cover. RESPONSE: The buildings on the site are already built, therefore Section 18.360.090.A.2.a. is not applicable. The site is already substantially developed, except for the proposed additional parking spaces and the recyclable storage area. No trees will be removed for the proposed parking area; one street tree will be removed for the recyclable storage area. The owner will mitigate the removal of this tree by planting three trees on- site, in accordance with Chapter 18.790. The methods and techniques for managing surface water drainage were designed and constructed when the center was initially constructed. The proposed new parking area will use the storm water facilities already in place - although the storm water swale will be cleaned out, and river rock and plantings will be placed along the bottom of the swale. The proposed additional recyclable storage area will be constructed of pre-cast pavers, which will provide a pervious surface area, thereby reducing or eliminating any impact of the to site hydrology or fish and wildlife habitat. The new walkway area will be narrower near a large Silver Maple tree in order to prevent damage to this tree. 3. Exterior elevations: a. Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: schollscenter/3/2/1 1 5 Scholls Center—SDR Application (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. RESPONSE: The buildings on the site are already built, therefore Section 18.360.090.A.3. is not applicable. 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. b. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. 6 schollscen ter/3/2/1 1 Scholls Center-SDR Application RESPONSE: There are two areas of the site where buffering and screening is needed: 1) the area west of the bank building, and 2). the area south of the main building. West of the bank (along the west property line of tax lot 15133AD16000): There is an existing 6'-high wood fence plus a row of arborvitae shrubs and two European Hornbeam trees, which provide good screening in most places. However, a large, hazardous cottonwood tree was removed just west of the bank building (with approval of the city forester) in 2010. New arborvitae shrubs were planted in is place, and the wood fence, which was nailed to the tree, was repaired. However, with the large tree gone, and some of the newer arborvitae shrubs still relatively small (about 6'-tall), the neighbor to the west can see the bank building and canopy, as well as the drive-through area west of the bank, from the second story windows of the house. The owner is proposing constructing additional parking spaces behind the bank. Since the proposed parking area will be six feet from the property line, and the adjacent property is zoned residential, buffering and screening in accordance with Chapter 18.745 is required. More specifically, as per Table 18.745.1, the buffer combination Type C-3 is required; that is, shrubs, trees, and a 6' wall, as shown on Table 18.745.2. According to Section 18.745.050.B.8, a "wall" needs to be 6" thick. The Development Code does not specify the type of materials for required for the wall. It should be pointed out that in the 1994 Development Code, the buffer matrix (18.100.130) required a 20'-wide buffer area. The staff report for SDR 94-0014 noted that the site development plan met that standard. Under the current code, however, the buffer matrix allows a narrower buffer area, with the appropriate screening. Maintaining the 20'- wide buffer was not a condition of approval of the original site plan. As the Development Code changed, so did the regulations applicable to this site. The appropriate buffer is now governed by Table 18.745.2 of the Tigard Development Code. Mr. Boyd is proposing an alternative screening plan, as allowed by Section 18.745.050.A.3, which will afford the same or better degree of buffering and screening as that required by the "C-3" standard. The proposed screening involves adding two 2.5"-caliper European Hornbeam trees along the west property line, and retaining the existing arborvitae hedge, which is made up of 38 arborvitae trees spaced 30" apart. This arborvitae hedge already provides a solid, 6'-12'-high screen along the west property line adjacent to the parking lot. The arborvitae trees will grow to 10-14' tall, and will be opaque enough to obscure any view of the bank building or parking and drive-through area. That is to say, the hedge will provide better screening than a 6'-high, 6"-thick wall, since it will be several feet taller and just as opaque. The European Hornbeam trees will grow to be 35-45' tall, with a 25-35 foot spread. These trees have dense foliage, and are often used for screening. When planted, the trees will be about 8 feet tall. They will grow about 2 feet in height per year, so in five years, they will be about 18 feet tall. The European Hornbeam trees will provide dense screening not just from the ground level of the adjacent property, but also from the second story windows, once the trees reach maturity. schol Iscenter/3/2/I 1 7 Scholls Center—SDR Application The proposed screening will reduce the noise levels at least as well as a 6'-high, 6"-thick wall would. Because of the dense foliage and the height, the trees will muffle or soften the noise from SW Scholls Ferry Road, which is the primary source of ambient noise. (There will be very low levels of noise emanating from the parking lot or drive-though, since vehicles will be moving very slowly or parked). The only other source of potentially bothersome noise is from the garbage trucks, which back up (using their warning beepers) to pick up the garbage and recycling from the dumpsters. A wall would be no more effective than a hedge in blocking this occasional noise. Moving the recycling materials to the curbside of SW North Dakota Street should help in this regard. In addition, the owner will repair or replace the existing 6'-high solid wood fence. The gate in the fence was installed by the adjacent property owner, and will be left intact for the neighbor's convenience. No arborvitae shrubs will be planted in front of the gate, unless the owner requests it. It should be pointed out that, in order to construct a wall, some or all of the arborvitae trees may have to be removed, since the plants are only a few feet from the property line. That would be counter-productive, in terms of screening, since a 12'-high hedge of arborvitae trees will provide better screening than a 6'-high wall. Finally, the owner will shield the four floodlights on the west side of the bank building so light does not cross the property line. Installing shields over the floodlight fixtures on the bank building will be a more effective approach to reducing the impacts of the lighting than constructing a 6'-high wall. The shields will be placed over the four lights that may be visible from the neighbor's yard or home. These improvements, once completed, will provide buffering and screening along the west property line of tax lot 1S133AD16000 that is equivalent to the C-3 standard. Over time, as the shrubs and trees grow taller and fuller, this alternative landscaping and screening plan will provide a higher degree of buffering and screening than would a plan that simply meets the prescriptive standards set forth in Table 18.745.2. Behind the main building (along the south property line of tax lot 1S133AD16200). The property to the south is zoned residential, even though it is used for commercial purposes (a "KinderCare Learning Center" child care facility). Currently, there are four cedar trees, two deciduous tree and some low-lying shrubs that provide good screening. In addition, there is an existing 6'-high chain link fence with slats along a portion of the south property line. This would probably be adequate for service facilities such as gas meters, but this area is also used as a storage area for the recycling bins and other items, such as patio umbrellas. This area was not required to be screened in the original approval of the site plan in 1995. However, because there is a Neighborhood Commercial zone adjacent to a Residential zone, a level "C" buffer combination, per Table 18.745.2, would now be required. As part of the SDR application, the owner is proposing to screen this area from view better by installing a 6'-high wood fence from the existing fence to the cedar trees, and also along a portion of 8 schollscenter/3/2/1 1 Scholls Center-SDR Application SW North Dakota Street, behind the building. The cedar trees, which are on the property line, provide an excellent screen for a distance of about 25-30 feet, where no fencing is proposed. All recyclable materials will be contained within the screened area. The fencing and cedar trees will screen the storage area from view from the property to the south (the child care center), as well as from SW North Dakota Street. This will meet the requirements of Chapter 18.745, as well as the requirements of Chapter 18.755.050.C.3, the design standards for storage areas. Since an 8'-wide buffer area will be maintained, this will meet the C-2 standard of Table 18.745.2. See Site Photos, Exhibit '6', and Preliminary Site Plan, Exhibit '7'. 5. Privacy and noise—Multifamily or group living uses: a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in Subsection A.6.a below; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; c. On-site uses which create noise, light, or glare shall be buffered from adjoining residential uses; and d. Buffers shall be placed on the site as necessary to mitigate noise, light or glare from off-site sources. RESPONSE: The use is not a multifamily or group living area; therefore this section is not applicable. 6. Private outdoor area—Multifamily use: a. Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and (2) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. schollscenter/3/2/11 9 Scholls Center—SDR Application RESPONSE: The use is not a multifamily use; therefore this section is not applicable. 7. Shared outdoor recreation areas—Multifamily use: a. In addition to the requirements of Subsections A.5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (1) Studio up to and including two-bedroom units, 200 square feet per unit; and (2) Three or more bedroom units, 300 square feet per unit. b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or (3) It may be all public or common space; or (4) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be less than 48 square feet. c. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; RESPONSE: The use is not a multifamily use; therefore this section is not applicable. 8. Where landfill and/or development is allowed within and adjacent to the 100- year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/ bicycle plan. RESPONSE: The use is not within or adjacent to the 100-year floodplain; therefore this section is not applicable. 9. Demarcation of public, semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to 10 schollscenter/3/2/1 1 Scholls Center-SDR Application provide for crime prevention and to establish maintenance responsibility; and b. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. RESPONSE: This commercial center was built in 1995-96 and met the applicable standards at that time. Little has changed on the site or buildings built on the site since the original construction. The public areas are the adjacent streets and sidewalks, which are clearly defined and obvious public spaces. On the site, there are sidewalks in front of the buildings, which are clearly semi-public spaces. There are no outdoor eating or drinking areas, or any other public gathering places on the site. The private outdoor areas, such as the storage area for recyclable materials and the water quality facilities, are (or will be) fenced to restrict public access. The public, semi-public and private spaces are clearly defined, and the center meets this criterion. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. RESPONSE: This commercial center was built in 1995-96 and met the applicable standards at that time. Little has changed on the site or buildings built on the site since the original construction. The public and semi-public areas, including the drive through area behind the schollscenter/3/2/11 11 Scholls Center—SDR Application bank, are visible from the windows in the buildings. There are no group mailboxes. The lights on the exterior of the buildings and the parking lot lights illuminate the interior sidewalks and the parking areas. The light fixtures provide lighting of the on-site pedestrian walkways. That said, there may be a conflict between the security lighting for the bank, and the screening and buffering required between a commercial and a residential use. There are floodlights on the west side of the bank building or on the canopy that light up the drive through and parking area, as required by ORS 714.280 ATM and Night Deposit Facility Law. These lights may negatively impact the residents of the home on the adjacent property to the west. In order to continue to provide the lighting for crime prevention and safety, but eliminate or substantially reduce the impact on the adjacent homeowner, the owner will install shields on the four light fixtures that can be seen from the west, which will direct the light downward. This will eliminate the direct glare from the floodlights from being visible at the lot line. See Site Photos, Exhibit '6', and Preliminary Site Plan, Exhibit '7'. 11. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area; and (2) The size and type of the proposal. c. The following facilities may be required after City and Tri-Met review: (1) Bus stop shelters; (2) Turnouts for buses; and (3) Connecting paths to the shelters. RESPONSE: This commercial center was built in 1995-96 and met the applicable standards at that time. No provisions for transit facilities were required at that time. There is a bus line on SW Scholls Ferry, which is adjacent to the site. Bus stop shelters and turnouts are provided on that street. There is a sidewalk along the east side of the commercial center (i.e., the west side of SW North Dakota Street), which connects to SW Scholls Ferry Road, making it very easy for pedestrians to access the center from any bus stops on SW Scholls Ferry Road. 12 schol l scen ter/3/2/1 1 Scholls Center-SDR Application 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of Subsections A.5 and 6 above, a minimum of 20% of the gross area including parking, loading and service areas shall be landscaped; and c. A minimum of 15% of the gross site area shall be landscaped. RESPONSE: This commercial center was built in 1995-96 and met the applicable landscaping standards at that time. The site is 57,500 square feet in size. Approximately 17.5% of the site will still be landscaped, even after subtracting the area where the eight new parking stalls will be located, as well as the new recycling area behind the main building. The only area where the landscaping does not appear to meet the requirements of Chapter 18.745 is regarding the street trees along SW Scholls Ferry Road. There are currently 5 street trees along SW Scholls Ferry Road. The approved landscape plan showed 7 street trees. The owner will add a 2.5" caliper Kwanzan Cherry tree along SW Scholls Ferry Road. Due to the location of a power pole and the clear vision area at the intersection, there is not enough room to add two trees here. See Preliminary Site Plan, Exhibit '7'. 13. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; RESPONSE: This commercial center was built in 1995-96 and met the applicable drainage standards at that time. A large water quality/quantity facility was built in the southwest corner site. All of the drainage from the site goes into this facility, and is then released into the storm drainage system in SW North Dakota Street. 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and RESPONSE: This commercial center was built in 1995-96 and met the applicable disabled standards at that time. It appears that four handicapped parking spaces were originally planned and built. However, one of those spaces has since been lost, due to re-striping of the parking lot. Four accessible parking spaces are required by ORS Chapter 447, one of which must be van accessible. The owner will add one more regular accessible parking space, which will be located in front of the Pasta Pronto restaurant. All four spaces will meet ADA standards. See Preliminary Site Plan, Exhibit '7'. 15. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. schollscenter/3/2/1 1 13 Scholls Center—SDR Application RESPONSE: The underlying zone of two of the tax lots (1S133AD16000 and 1S133AD16200) is Neighborhood Commercial, and the underlying zone of the other tax lot (1S133AD16100) is Professional Commercial. The site and buildings are in compliance with all of the provisions and regulations of those zones. The center still meets the basic zoning requirements of the C-N and C-P zone, which are summarized in Table 18.520.2, as follows: Minimum lot size: The site is approximately 57,500 square feet, which exceeds the minimum lot size is 5000 square feet. Minimum lot width: The lot width of the site is 240 feet, which exceeds the minimum 50' lot width. Minimum setbacks: The minimum setbacks are 20' all sides, either because of the adjoining residential zone or because of the street frontages on two sides. The buildings are all set back a minimum of 20' from the street, except for the side of the building adjacent to SW Scholls Ferry Road. No setback was required for a side yard in 1994 in the C-P zone; under the current code, a 20' setback is required for side yard facing a street on a corner lot in the C-N zone. This would be considered a pre-existing non-conforming situation. Minimum building height: Not Applicable. Maximum building height: The building height is less than the 35' height limitation. Maximum site coverage: The site coverage currently is about 79.3%; once the proposed site improvements are completed, the site coverage will be 82.5%, which is less than the 85% maximum site coverage. Minimum landscape requirement: The landscape area is currently about 20.7%. Once the proposed site improvements are completed, the landscape area will be about 17.5%, which is more than the minimum 15% landscape requirement. Minimum Floor Area Ratio: Not Applicable Minimum residential density: Not Applicable Maximum residential density: Not Applicable 14 schollscenter/3/2/11 Scholls Center-SDR Application RESPONSE TO SUPPLEMENTARY REQUIREMENTS There are some supplementary requirements set forth in other chapters of the code which are applicable, and which were not addressed above. These are listed below: Chapter 390.040.8.2.e. 2. Submittal information. The application shall: e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. There are no impacts on the transportation system (including bikeways), the parks system, the water system, or the sewer system. There are no noise impacts. There is an insignificant impact on the drainage system, since as additional 1,021 square feet will be paved. The improvements to the area behind the main building and the additional trees will improve the aesthetics of the commercial center from the public streets. The addition of bike racks, and another handicapped parking space, will be an improvement to the transportation facilities. Chapter 18.705 Access, Egress and Circulation. No changes are proposed to the existing access, egress and circulation. There are already pedestrian walkways in place that connect the site to SW Scholls Ferry Road and SW North Dakota Street. Chapter 18.725 Environmental Performance Standards. This Chapter applies the federal and state environmental laws, rules and regulations to development within the City of Tigard. No changes to the uses within the buildings are proposed at this time. The center will continue to operate in compliance with applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or streams. • Noise. There will not be any noise from the uses. • Visible emissions. There will not be any visible emissions from the uses. • Vibration. There will not be any vibrations emanating from the uses that will be discernible without instruments at the property line. • Odors. There should not be any odorous gases or other matter generated from the uses in such quantities as to be readily detectable at any point beyond the property line. schollscenter/3/2/11 15 Scholls Center—SDR Application • Glare and heat. The will be no direct or sky-reflected glare visible at the property line, or any emission or transmission of heat or heated air which is discernible at the property line, caused by the uses. • Insects and rodents.. All wastes will be stored in closed containers, and the grounds will be maintained in a manner that will not attract or aid in the propagation of insects or rodents or create any type of health hazard. Chapter 18.745 Landscaping and Screening. The landscaping will not change very much, other than the removal of one 7" street tree along SW North Dakota Street, and the addition of six new trees - two along the west property line, three in the parking lot islands, and one along SW Scholls Ferry Road. There will also be improvements to the screening, with added or improved fencing. 18.745.040 Street Trees. As mentioned above, two additional street trees are required along SW Scholls Ferry Road. The owner will install one more tree, matching the five Kwanzan Cherry trees that are already there. (The tree will not be planted next to a power pole or within the clear vision area). Chapter 18.755 Mixed Solid Waste and Recyclable Storage. As mentioned above, the SDR application addresses improvements to the recyclable storage area. This area will provide space for all of the businesses in the center, except the bank and the veterinary clinic, to store recyclable materials until the pickup day. The Preliminary Site Plan shows a pervious surface area extending 12' out from the back of the building, from the east end of the storm water facility to the right-of-way line of SW North Dakota Street. This will provide an approximately 20' x 120' foot area (2400 square feet) that will be enclosed. The franchise hauler, Waste Management, has been picking up the recyclable materials at the storage area in front of the veterinary office. However, they have agreed to pick up the recycling bins from the sidewalk along SW North Dakota Street instead, which will be more convenient them as well as the tenants. See Exhibit '8', e-mail from Dave Brist, Route Manager for Waste Management. The street tree next to SW North Dakota Street will be removed, and that small area filled with concrete, making it easier for the tenants to roll the recycling carts out to the edge of the curb. Chapter 18.760 Nonconforming Situations. As mentioned above, the commercial center met the standards that were in place at the time it was approved. The only significant non-conforming situation is the building setback from SW North Dakota Street. When the center was built, no front yard or side yard setback was required; under today's development code, a 20' setback on a corner lot is required. Chapter 18.765 Off-Street Parking and Loading Requirements. Handicapped accessible parking spaces. Four handicapped accessible parking spaces are required, on of which must be van accessible. The center originally had four spaces, but one was removed and the area re-striped. One of the spaces in front of the bank building is van accessible. The owner will establish one additional, 9'-wide, accessible parking space 16 schollscenter/3/2/I I Scholls Center-SDR Application on the site, in front of Pasta Pronto restaurant. Minimum number of off-street parking spaces. There are currently 70 spaces on the site, counting the five that were constructed in 2010. The owner will add two more spaces just west of the bank and one more north of the veterinarian hospital, for a total of 73 off-site parking spaces. The number of required off-street parking requirements is a little complicated, and requires some explanation of the history of the site. The staff report for a Conditional Use Permit for Starbucks in 1996 (CUP 96-0007) summarized the parking requirements at that time as follows: 1996 uses Use Square Standard Number of parking feet spaces required Bank 3,840 1 space/350 sf 11 Veterinary Clinic 3,575 1 space/300 sf 12 Restaurant (Boston 2 805 1 space/50 sf of dining area plus 1 21 Market) space/2 employees* Barber shop 825 1/400 sf, minimum of 4 spaces 4 Drycleaners 1,210 1/400 sf, minimum of 4 spaces 4 Coffeehouse 1,265 1 space/50 sf of dining area plus 1 6 space/2 employees* Vacant 2,145 1/400 sf, minimum of 4 spaces 6 Totals 15,665 64 *Boston Market had 750 sq ft of dining area, which required 15 parking spaces, plus 12 employees, which required 6 more spaces, for a total of 21 spaces. Starbucks had 200 square feet of dining area, which required 4 spaces, plus 4 employees, which required 2 more spaces, for a total of 6. The chart assumes the vacant space would be filled with a general retail use. At the time, there were 62 off-street parking spaces available. In September of 1999, the owner received City approval to install 5 more parking stalls in the northeast corner of the site (MMD1999-00014). At the same time, he had some areas re-striped for wider stalls, resulting in a loss of two parking spaces. With a net gain of 3 spaces, the total number of parking spaces available on the site increased from 62 to 65. From 2001 - 2006, a postal service business leased the space that is currently vacant. This business would have only required 5 spaces, based on the 1996 Development Code standards, bringing the total requirements for the site to 63. In mid-2010, the owner added 5 more parking stalls just west of the bank, bringing the total number of off-street parking spaces to 70. The owner now plans to add two more spaces behind the bank, and add one more space north of the veterinary hospital, for a total of 8 new spaces along the west side of the property. He will re-construct and/or re-stripe all of schollscenter/3/2/1 1 17 Scholls Center—SDR Application those spaces to meet city standards. Adding these 8 spaces will result a total of 73 spaces on the site. In December of 2010, Darrel Watkins, Assistant Planner, measured the floor area of each of the tenant spaces and came up with the slightly different calculations of size. These are reflected in the following chart Parking Requirements, using 1996 standards for all uses Use Square Standard Number of parking feet spaces required Bank 3,840 1 space/350 sf 11 Veterinary Clinic 3,593 1 space/300 sf 12 Restaurant (Pasta 2 984 1 space/50 sf of dining area plus 1 20 Pronto) space/2 employees Beauty shop 1,285 1/400 sf, minimum of 4 spaces 4 Drycleaners 1,271 1/400 sf, minimum of 4 spaces 4 Coffeehouse 1,265 1 space/50 sf of dining area plus 1 7 space/2 employees Vacant 1,685 1/400 sf, minimum of 4 spaces 5 Totals 15,665 63 Using the square footages calculated by Mr. Watkins, the total parking required for all the uses comes out to 63 spaces. This again assumes that the vacant space would be occupied by a retail use. Note that this number does not take into consideration a multi-use reduction allowed in mixed-use projects by Section 18.765.030.D. The central parking lot area was not constructed and striped exactly how it was approved in MMD1999-00014; as a result, in one place the aisle width is only about 151/2'-wide, instead of the required 24' width. The owner will correct this deficiency by removing one space on the east side of the two central parking rows and adding a new one on the west side of those rows, resulting in a wider and safer aisle width. At the same time, he will re-stripe the center 20 parking stalls to 8.0' wide. (The aisle width may be a few inches less than the 24.0' standard, but it will be comparable to the other aisle widths in this parking area, and about 7.7' wider than it is currently). Ratio of compact to standard parking spaces. Table 18.765.1 allows up to 50% of the parking spaces to be compact spaces, with the rest being standard spaces. The site plan shows 44 compact spaces, and 29 standard spaces, out of a total of 73 spaces. That is, 60% are compact stall widths, and 40% are standard stall widths. Since this is more than the maximum compact stalls normally allowed, the owner is applying for a Parking Adjustment in conjunction with this SDR application. See page 19 of this application. Bicycle parking. When the site plan was approved in 1994, four bicycle parking spaces were required. These were installed, but removed sometime over the last 16 years. Therefore, four bicycle parking spaces will be installed - two in front of the Pasta Pronto restaurant, and two more near the vacant space. 18 schol lscenter/3/2/11 Scholls Center-SDR Application Chapter 18.775 Sensitive Lands. There are no sensitive lands affected by this proposal. A Clean Water Services pre-screen letter is attached as Exhibit '9', which indicates that a Service Provider Letter is not required. Chapter 18.780 Signs. The District is not proposing any new signs at this time. Chapter 18.790 Tree removal. There is one tree that will be removed. A 7" caliper Red Maple street tree near the southeast corner of the main building will also be removed in order to facilitate moving the recycling bins to the street on pickup days. The owner will mitigate the removal of this tree by planting three additional trees on site (2.5" caliper Red Sunset Maple trees). Please see Preliminary Site Plan, Exhibit '7', and the arborist report, Exhibit '10'. It should be pointed out that a tree was recently removed along the west side of the property, behind the bank. This was a large poplar tree, which was removed because it was hazardous. No mitigation is required for hazardous poplar trees. Chapter 18.795 Visual Clearance Areas. No change will be made to the visual clearance area. Any new street trees will be planted outside of the visual clearance area and will meet the visual clearance requirements of this Section 18.795.040.B. Chapter 18.810 Street and Utility Improvement Standards. This Chapter is not applicable. No changes will be made to the streets or sidewalks, other than adding another street tree along SW Scholls Ferry. PARKING ADJUSTMENT In a letter dated February 23rd, 2011, Darrel Watkins noted that the owner should submit an application for a Parking Adjustment in order to request approval of a site plan that shows more than 50% of the parking spaces would be compact spaces. The only place the Development Code places a restriction on the number of compact parking spaces is in Figure 18.765.I., where it states "Stall width dimensions may be distributed as follows: 50% standard spaces, 50% compact spaces. All compact spaces shall be labeled as such." The proposed site plan shows 44 compact spaces (60% of the total) and 29 standard spaces (40% of the total). In order to have more than 50% of the spaces sized for compact vehicles, a Parking Adjustment is required. Unfortunately, the Code section on Parking Adjustments, Section 18.370.020.C. does not exactly fit with the type of adjustment sought. The Parking Adjustment application will therefore address the criteria in three different sections of the Code — Parking Adjustments, Development Adjustments, and Variances. The Parking Adjustment that fits the closest to what the owner is seeking is found in Section schollscenter/3/2/1 1 19 Scholls Center—SDR Application 18.370.020 C.7.d. - increases in the maximum parking requirements. (if one interprets this section to mean "increases in the maximum ratio of compact parking spaces" rather than increases in the total number of parking spaces). The Director may approve off -street parking in excess of the maximum allowed parking spaces in Section 18.765.070G by means of a Type II procedure, as governed by Section 18.390.040, when the applicant can demonstrate that all of the following criteria are met: (1) The individual characteristics of the use at that location requires more parking than is generally required for a use of this type and intensity; RESPONSE: The uses at this location are convenience retail and service uses, including a bank, a coffeehouse, a beauty salon, a restaurant, a drycleaners, and a veterinary hospital. With the possible exception of the veterinary hospital, most people coming to this site do not need a lot of space to load or unload goods, like a grocery store, a thrift store or a hardware store might. The neighborhood center does not have a grocery store, or any store which sells bulky items. Consequently, customers are less likely to bring a large pickup truck or van to this center. The characteristics of the uses at this location simply do not require as many standard-sized parking spaces. (2) The need for additional parking cannot be reasonably met through provision of on-street parking or shared parking with adjacent or nearby uses; RESPONSE: The need for additional compact parking spaces cannot be met be on-street parking or shared parking with nearby uses. First of all, there is no on-street parking available at or near this commercial center. Secondly, the owners of any adjacent or nearby uses do not have excess parking capacity, and are unwilling to share the parking they currently have. Further, the question is not one of needing additional parking per se, but of needing a higher ratio of compact parking spaces to standard parking spaces. (3) The site plan shall indicate how the additional parking can be redeveloped to more intensive transit-supportive use in the future. RESPONSE: The uses in this center are already transit supportive, and the center is on a bus line. It is not feasible to redevelop this site to more intensive transit-supportive uses in the future. This criterion is appropriate if one is requesting more than the maximum allowed number of parking spaces, but is not applicable in this case, which is a request for a greater proportion of compact parking spaces. Since the Parking Adjustment is not a perfect fit for the request, the Development Adjustment, under Section 18.370.020.B. may be more appropriate. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: 20 schollscen ter/3/2/1 1 Scholls Center-SDR Application a. A demonstration that the adjustment requested is the least required to achieve the desired effect; RESPONSE: The desired effect is to maximize the number of parking spaces on the site, while still providing at least 15% landscaping. The adjustment requested allows the owner to provide 73 parking spaces, which appears to be the maximum amount of parking that can fit on this site and still meet the 15% landscaping standard. The compact spaces will be as wide as they can be given the constraints of the site; many will exceed the minimum stall widths and stall depths, but will not be large enough to meet the standard parking space dimensional requirements. b. The adjustment will result in the preservation of trees, if trees are present in the development area; RESPONSE: By making the new stalls west of the bank compact in size, the vehicles parked there will not encroach into the buffer area, or harm the trees planted in that area. These spaces will have wheel stops installed to better protect these trees. c. The adjustment will not impede adequate emergency access to the site; RESPONSE: Emergency access is not impeded by this adjustment. In fact, by re- designing the center portion of the parking lot to widen the aisle, the parking lot will be safer, and emergency vehicles will be better able to navigate through it. Emergency access will therefore be improved. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. RESPONSE: There is no reasonable alternative that achieves the desired number of parking spaces. Most of the parking spaces in the center of the parking lot have to be compact due to the constraints of the site; there is no opportunity to make these spaces standard, and meet the aisle width requirements. The 29 standard parking spaces include those that are directly in front of the bank, and those that are in front of the main building. These will remain standard spaces. The only reasonable alternative to the proposed site plan would be to make the new spaces to the west of the bank and north of the veterinary hospital standard spaces, rather than compact spaces. However, doing this would not only decrease the number of parking spaces by at least two spaces, but would mean that the depth of these spaces would have to include the bumper overhang. There would be no wheel stops, and vehicles would encroach into the 6'-wide buffer area. This could affect the viability of the trees and shrubs in this area. Since a Development Adjustment is not a particularly good fit either, one might look at the Variance criteria, per Section 18.370.10.2: The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: scholl scenter/3/2/1 1 21 Scholls Center—SDR Application a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; RESPONSE: The proposed variance will not be materially detrimental to the purposes of the Development Code. In fact, the variance request is supported in principal by three of the purpose statements, which are: • Ensure that the development of property within the City is commensurate with the physical characteristics of the land, and in general, to promote and protect the public health, safety, convenience and welfare; • Promote and diversify the economy of the City; • Provide for and encourage a safe, convenient and economic transportation system within the City. The proposed variance will not be materially detrimental to any other applicable policies and standards of the City. It will not be detrimental to other properties in the vicinity - in fact, accommodating more parking spaces on site will be a benefit to other properties in the vicinity, and maintaining the 6'-wide buffer area without the intrusion of the bumper overhang may be of some benefit to the adjacent property owner. The variance will not be detrimental to other properties in the same Neighborhood Commercial zoning district. There are very few properties zoned Neighborhood Commercial in the City, and none anywhere near this site. The variance, if granted, would not give the owners of this site an unfair competitive advantage over other property owners with land zoned C-N, or be detrimental to those properties in any way. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; RESPONSE: The layout, as approved originally in 1995 and then re-approved in 1999, limits the number of standard parking spaces that can be achieved on this site. It would be difficult to create any more standard parking spaces than the 29 spaces already existing. The area west of the bank just has room for compact parking spaces between the buffer area and the columns of the bank canopy, and then only if most of those spaces are angled at 45 degrees. The only way those spaces could be standard size would be to include the bumper overhang in the length. The proposal is to make the 6 angled spaces compact spaces, with wheel stops to protect the plants in the buffer area. c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; RESPONSE: The proposed uses will be the same with or without the variance. City standards will be maintained to the greatest extent practicable. This center needs to provide as much parking on the site as it reasonable can in order to keep customers happy and businesses viable. Unlike other commercial areas, this center does not have any public 22 schollscenter/3/2/I I Scholls Center-SDR Application parking available on the adjacent two streets, or any opportunity to share parking with adjacent or nearby commercial areas. Therefore, the variance is needed to permit reasonable economic use of the property. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; RESPONSE: There is no impact on existing physical and natural systems, such as drainage or traffic. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. RESPONSE: The hardship is not self-imposed. If the parcel was a little wider, the owner could provide more standard spaces. The site is laid out as efficiently and safely as practicable, and spaces are as wide and deep as they can be. For most of the parking lot, the design does not change from what was already approved. In the central portion of the parking lot, reducing the width of the parking spaces to 8.0' allows the owner to eliminate one parking space and create one new one, making the parking lot safer. There is no way to add any more standard parking spaces in the central area. For the area west of the bank, making these spaces compact allows owner to better maintain the buffer area and protect the trees. The requested Variance is to allow 44 of the 73 spaces, or 60%, to be compact, instead of 50%. This 10% increase in the number of compact parking spaces is the minimum amount necessary to alleviate the hardship. CONCLUSION: The responses to the criteria listed above shows that, regardless of the type of Adjustment or Variance this request falls under, allowing 60% compact spaces and 40% standard spaces meets the applicable approval criteria. schollscenter/3/2/11 23 Scholls Center—SDR Application CONCLUSIONS The application for a Major Modification to the Site Development Review should be approved, as well as the related Parking Adjustment. It meets the requirements of the underlying zones and the supplemental requirements. It improves the site by - • Adding 8 more off-street parking spaces; • Increasing the aisle width in the central parking area; • Adding 6 more trees; • Providing better screening; • Reducing the amount of light spillover across the property line; • Adding bike racks; • Adding another handicapped accessible parking space; • Providing a better area for handling recyclable materials; • Restoring the functionality of the storm water quality and detention facility. 24 schollscenter/3/2/11 1\ l u l LN\- -\T_, _..,iktitt PERCHERN Ill Iii W Area Notified (500 Ft) a � Ed Murphy&Associates ■ p G� a a GALLOWAY ,, \ � 1S133AD; 16000/16100/16200 • F— IUiiiuI Beav_enon �� i ! !ItI1ki . .$' SCH O LS ".FERRY RD•.• .�-4 \ ;.p„ Subject Site i III .... Ai ,....._„, ,,,,,,.. i:'i;i4\\ `,—` �` , for 3 months from the date printed on * 4.,,,v4z,-,._```u ,\ •I ���`I , this map. kir,/ •Slat.1/4,' N. '4V.,,' ,,,, ■htm i N' I 4■04.44,4P4,14,0 4404..„4111,,,,, 'S . ci ' � ` ``_ Map Printed:27-Dec-10 �Irs•-■"..:-'ti il Iiiiii. ♦ \ Information on this map is for general location only and should be verified with the Development IOW ♦ .r• � � Services Division. ■ RM., e o.,Q. 1 0 1 ,, OO /� DATA IS DERIVED FROM EPRES N SOURCES THE ANTE S TO T IJI _ _I, all* c'�CT vl CONTE N ACCU RANTY REPRESEN R CO OR ENESS OF ANY TO THE CONTENT.OVIDED HE EIN.T E C OR COMPLETENESS OF ANY OF THE DATA PROVIDED N R OVI THE QTY OF ESS TIGARD OF SHALL ASSUME NO LIBABIRY FOR ANY ERRORS,OMISSIONS ORINACCURAGES IN THE HAWKS BEARD �� . 4411, ILRYFO AN PROVIDED MISSIO S SS OF HOW CAUSED.ii, 1i1111a '�S SNO, �� . COMMUNITY DEVELOPMENTDEPARTK k ♦ 1 111111111111111111 ANTO III LIM. © . ti ' N DR CdyofTigard Q • �•■. 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",7.,.,, V.1 k 0, w,.1 . ,iiiihr,, . , d T I .tr ye II } '.-:::-'12"14:::441r.', 1.1 4 o rir s �m +t 11 � � r d i � � �r i t ?! o l ...7 r r, a •,, - \ '14, 1 SW N. � , ; - - _ r a §I t * ..1.• us-� it qi to Pre - ,489/, CaA a ,e) Con 4rence /t4ite s Exhibit '4' CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES ` ° (Pre-Application Meeting Notes are Valid for Six (6)Months) TIGARD PRE-APP.MTG.DATE: Iz.-/ZI / 0o-'(u STAFF AT PRE-APP.: hia P NON-RESIDENTIAL APPLICANT: Ed Murphy&Associates AGENT: Ed Murphy Phone: (503) 624-4625 Phone: ( ) - PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 12744, 12730 and 12700 North Dakota Street TAX MAPS)/LOT#(S): 1S133AD16000. 16100 and 16200 NECESSARY APPLICATIONS: Site Development Review(SDR), Parking Adjustment (VAR) and Conditional Use (CUP) PROPOSAL DESCRIPTION: Add five parking spaces to site, reduction in parking requirement, convert retail space to eating and drinking establishment COMPREHENSIVE PLAN MAP DESIGNATION: Neiqhborhood Commercial and Professional Administrative Comm'I ZONING MAP DESIGNATION: C-N and C-P ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.520.2 Table) MINIMUM LOT SI7.F.: 5,000 sq. ft. Average Min.lot width: 50 ft. Max. building height 35 ft. Setbacks: Front: 20 ft. Side: 0/20 ft Rear:0/20 ft. Corner:20 ft from street. MAXIMUM SITE COVERAGE: 85%. Minimum landscaped or natural vegetation area: 15%. E NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. ® NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section E IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system,including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ® ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses:1. Minimum access width:30'. Minimum pavement width:24' All driveways and parking areas,except for some fleet storage parking areas,must be paved. Drive=in use-queuing areas:1-5fl'. ® WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18.730) ➢ STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet,along the site's boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.) BUILDING HEIGHT EXCEPTIONS -Buildings located in a non-residential zone may be built to a height of 75 feet provided that • A maximum building floor area to site area ratio(FAR) of 1.5 to 1 will exist; • All actual building setbacks will be at least half(V2) of the building's height; and ► The structure not abut a residential zoned district ® BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: n/a feet along north boundary. n/a feet along east boundary. 6-10 feet along south boundary.6-10 feet along west boundary. IN ADDITION,SIGHT OBSCURING SCREENING IS REQUIRED ALONG:west boundary (12744). CITY OF TIG ARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section Z LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVF,T.OPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may indude the use of landscaped berms,decorative walls,and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPAI BILITY. Locating a trash/recycling endosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at(503) 625-6177. ® PARKING (Refer to Code Section,j8.765.040) REQUIRED parking for this type Of lisei$21-48.0,adjusted for multi-useL03 vith variance). Parking SHOWN on preliminary plan(s):70. 7 SECONDARY USE REQUIRED parking. Parking SHOWN on preliminary plan(s): NO MORE THAN 50%OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ► Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. ■ Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: ► All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions,is mandated by the Americans with Disabilities Act(ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. N. BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. ® BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section • • ❑ SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS,WETLAND AREAS,ON SLOPES IN EXCESS OF 25 PERCENT,OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ® CLEAN WATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDES ♦ Streams with intermittent flow draining: <25% I 10 to <50 acres 15 feet I >50 to <100 acres 25 feet ♦ Existing or created wetlands<0.5 acre 25 feet ♦ Existing or created wetlands>0.5 acre <25% 50 feet • Rivers,streams,and springs with year-round flow ♦ Streams with intermittent flow draining>100 acres ♦ Natural lakes and ponds ♦ Streams with intermittent flow draining: >25% I 10 to <50 acres 30 feet I >50 to<100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- ♦ Rivers,streams,and springs with year-round flow foot increments from the starting point to ♦ Streams with intermittent flow draining>100 acres the top of ravine(break in <25%slope), ♦ Natural lakes and ponds add 35 feet past the top of ravine6 ;Starting point for measurement=edge of the defined channel(bankful flow)for streams/rivers,delineated wetland boundary,delineated spring boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs,located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. (The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential Application/Planning Division Section Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor,except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership,such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. ® TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, lanned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL VER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). THE TREE PLAN SHALL INCLUDE the following • Identification of the location, size and species of all existing trees induding trees designated as significant by the City; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; I Retainage of from 50 to 75%of existing trees over 12 inches in caliper requires that 50%of the trees to be removed be mitigated according to Section 18.790.060.D.; I Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed;and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential Application/Planning Division Section n MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacementwith a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property,the Director may require one (1) or more replacement trees to be planted on other property within the city,either public property or, with the consent of the owner,private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may,with the consent of the Director,elect to compensate the City for its costs in performing such tree replacement. ® CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required dear vision area depends upon the abutting street's functional classification and any existing obstructions within the dear vision area. ® ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH,unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS ® 18.330(conditional use) ❑ 18.620(Tigard Triangle Design Standards) El 18.760(Nonoontorming Situations) ❑ 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional Center) ® 18.765(Off-Street Parking/Loading Requirements) ❑ 18.350(Planned Development) ❑ 18.640(Durham Quarry Design Standards) ❑ 18.775(Sensitive Lands Review) ® 18.360(Site Development Review) ® 18.705(Access/Egress/Circulation) ❑ 18.780(signs) ® 18.370(Variances/Adjustments) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.715(Density Computations) ® 18.790(Tree Removal) ❑ ❑ 18.720(Design Compatibility Standards) El 18.795(Visual Clearance Areas) ® 18.390(Decision Making Procedures/Impact Study) ® 18.725(Environmental Performance Standards) El 18.798(Wireless Communication Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.730(Exceptions To Development Standards) El 18.810(Street&Utility Improvement Standards) El 18.420(Land Partitions) ❑ 18.740(Historic Overlay) ❑ 18.430(Subdivisions) ❑ 18.742(Home Occupation Permits) ❑ 18.510(Residential Zoning Districts) ® 18.745(Landscaping&Screening Standards) ® 18.520(Commercial Zoning Districts) El 18.750(Manufactured/Mobil Home Regulations) ❑ 18.530(Industrial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: Site Development Review: 1.) Provide accurate dimensions and area of new impervious surface of added parking. 3Permitted uses will be calculated at 1996 parking ratios adjusted for current use. 3 The Quizno's space will be calculated at 2010 parking ratio of 15.3/1,000sf if CUP is approved. 4.) Parking spaces not in conformance with standard stall dimensions must be marked "compact". 5.) Buffer standards must comply with TDC18745.050.B or TDC18.745.050.A.3. 6.) The added 5 spaces must meet compact standards of Figure 18.765.1 (45 degree, 15.5' depth, 11' aisle) 7.) The added impervious surface requires a CWS Service Provider Letter approval prior to application. 8.) The lighting on the West side of the bank cannot spill over onto adjacent property. 9.) A landscape/tree planting plan is required that addresses trees in the buffer and street trees required on the original SDR that were not planted or did not survive (could be incorporated into 18.745.050.A.3). Conditional Use: 1.) A parking adjustment will be required to meet minimum standards. 2.) Transportation.Development Tax is applicable for the change of use, in the amount(of$11,037 nd SDC Parks fee of$1,308. Other: 1.) A parking/loading space cannot be developed south of 12700 due to lack of maneuverability. PROCEDURE Administrative Staff Review. Z Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One.8'/2" x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard City Council. A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Rcsidcntia]Application/Planning Division Scction BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning' that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX(6) MONTHS FOLLOWING THIS CONFERENCE PREPARED BY: Darrel"Hap"Watkins CITY OF TIGARD PLANNING DIVISION PHONE: 503-639-4171 FAX 503-624-3681 DIRECT: 503-718-2440 EMAIL: hap @tigard-or.gov TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard-or.gov CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Appli cation/Planning Division Section Research for 12700 SW North Dakota Street Center CUP7-79/SDR21-79 -To allow a Veterinary Clinic in a C-P Zone SDR94-00014—To develop a 3,593 sf Bank and 10,850 sf Retail Office Space (Actual Shell is 8,415 sf w/3,593 sf Vet Clinic and 3,840 sf Bank total 15,848 sf) BUP95-00025—Shell only for Veterinary Hospital(3,593 sf) BUP95-00026—Bank 3,840 sf BUP95-00076—Shell only for 8,415 sf Retail Office Space BUP95-00156—TI for Veterinary Hospital 3,593 sf BUP95-00158—TI for Drive up Bank BUP95-00515—TI for Boston Market(eating&drinking) (2 805 sf) (Measured at 2,988 sf) CPA95-00005/ZON95-00007 Change C-P Zone to C-N Zone Applied 2/13/96 Appeal denied 12/9/96 Final Order 12/19/96 BUP96-00221 —TI for Great Clips 780 sf Applied 4/30/96 Final 6/6/96 BUP96-00308—Shows 3 walls &doors Applied 6/4/96 Final 10/30/98 (Bagel Express #180 on plans 2,090 sf-No TI permits.) BUP96-00317—TI for Dry Cleaners (1,210 sf)Applied 6/17/96 Final 7/23/96 BUP96-00471 —TI for Starbucks (1,265 sf)Applied 8/5/96 Final 10/29/96 CUP96-00007—To allow eating&drinking establishment(Starbucks) as required in C-N zone Applied 9/20/96 Effective 12/19/96, BUP1999-00002—TI to change Boston Market to Pasta Veloce SIT1999-00065—Add five parking spaces (at bank)Approved by MMD1999-00014 BUP2000-00076—TI Dakota Mail Station (area unknown) (Added into#180 retail space) BUP2006-00421 —TI for Quizno's (2,090 sf) Applied 8/30/06 Final 12/13/06 (No land use review-Requires conditional use in C-N Zone) A total of 62 spaces were provided per previous land use review (CUP96-0007) leaving 4 spaces for the approx 2,145 sf vacant space,which required 5 spaces for retail/office. The code changed before the Quizno's TI (1,685) which would now require 26 parking spaces.There are a reported 70 spaces on the site now,less one for an additional required ADA parking space=69 available.With a multi-use reduction factor calculated,the total parking spaces required is 79 (see below).A variance to parking standards of 13%would be 79 X.87 = 68.73=69,provided the adjustment is approved. Existing spaces have not been field verified for conformance as to size or number. 96 CUP spaces 2010 measured spaces, Suite #100—Pasta Pronto 3,080 sf 21 2,984 20 Suite #120—Starbuck's 1,265 sf 6 1,265 7 Suite #140—Cleaners 1,210 sf 4 1,210 4 Suite #160—Hair Salon 770 sf 4 1,271 4 Suite #180—Vacant 2,090 sf 5 1,685 26 Quizno's Vet Clinic 3,593 sf 12 3,593 12 Key Bank 3,840 sf 1 3,840 1.1_ Total parking required 63 84 Multi-use reduction: 53X100%=53, 11X90%=9.9, 20X80%=16 (53+9.9+16=78.9=79) . . = City of Tigard . . :£'I TDT— COUNTYWIDE TRANSPORTATION DEVELOPMENT TAX p Rate Calculation Worksheet APPLICANT Z. g•ePAiv .( c . DATE / 6) / 0 MAILING ADDRESS qr 7 s 5 /t kk�oc)S7 PREPARED BY HS CITY/ZIP / PHONE J� GJ y1Z� 3 ..624./...1%-t,25- 62,t�C_ 2S PLANS CHECKTC Io`O_oOO�cy TAX MAP# ?' PROJECT TITLE G / / 5 j ��!-�� — J/, 7 /j -�Ip/vt2 /�2 o c`� 62V ^/v'S SITUS#ADDRESS /� 70 0 i-m' We.52/aiy. M,KD y FORMER USE(S) USE CODE UNITS X RATE = OUNT DESCRIPTION/NOTES '5/4 LkKx _/ re;�9�` 1 (, ir-� . E�4 .ems x = x = x = TOTAL TDT,FORMER USE(S) // / ci-17% PROPOSED USE(S) USE CODE UNITS x RATE = AMOUNT DESCRIPTION/NOTES / °/32 /4BS 1/3 a, =72/ 93$ lG r5-)1 67,1--7ykil,g� r--251,1A1/ ! f x = ES i79 vi9-Nt— x = x = 4 TOTAL TDT,PROPOSED USE(S) 14 // / 3 LESS TOTAL TDT,FORMER USE(S) — /Of 819 TDT INCREASE/(DECREASE) //J (INCREASE=TDT DUE) PAYMENT METHOD -,Z1- CASH/CHECK �8. CREDIT r/-/T.0f d5 e27//tfc5 n9URI t= .2 3 / e-e, BANCROFT AGREEMENT / -0279,/17_____r /ed.F-5.---;-.€1 ,62 = 3- 59 (PROMISSORY NOTE) 77/2•e0� �r : 2�vS = 7K'lI �- g� , DEFER TO OCCUPANCY .� � % 3'eg �' � u S I/OFS/CD/FORMS/TDT Rate Calculation Worksheet.indd(Rev.4/22/09) ..� r � MEMORANDUM TIGARD TO: Hap Watkins Assistant Planner FROM: Gus Duenas 4A1"-****-.- Development Engineer RE: Engineering Comments—PRE2010-00029 Pacific Crest Partners DATE: December 16, 2010 Water Quality and Quantity The water quality and detention facility onsite does not comply with water quality facility standards. It is covered with leaves and shows no signs of any plantings along its length.The length of the facility does appear more than adequate for the site. As a minimum, the water quality and detention facility functionality needs to be restored.This requires that a restoration plan be developed for review, approval and execution. Implementation of this plan requires a PFI permit so that the City can review and approve the plan,and inspect the construction to ensure compliance with the approved plan. Proposed New Driveway There is a requirement for a 6-foot setback from the property line for a driveway approach. Regarding the proposed new driveway at the rear of the building along the south property line, there may not be enough room to install a driveway that can meet this requirement (minimum 10 feet wide) and still be wide enough to allow for vehicular traffic (specifically a solid waste garbage truck) while providing adequate clearance from the building.This needs to be verified. Should a second driveway to the rear of the building be approved, demonstration of adequate vision clearance and submittal of sight distance certification are required for that new driveway. The proposed new driveway would introduce new impervious area to the site. The adequacy of the water quality and detention facility needs to be verifie and supporting calculations must be submitted for review and approval. Finally, a narrow driveway with no turnaround area would require vehicles to either back up into SW North Dakota for egress, or use the street as a maneuver area to back up into the driveway. This is not acceptable in either instance. A/e , Jibor1iocd /tfee7j Exhibit '5' MINUTES Scholls Commercial Center Neighborhood Meeting January 25, 2011 The meeting started at 7:00 P.M. at the Meadows Group Inc., Realtors office conference room, 12655 North Dakota Street, Tigard. Dan Boyden (Pacific Crest Partners Scholls LLC) and Ed Murphy (Ed Murphy & Associates) represented the applicant. About 20 neighbors attended the meeting. Half of those attending lived in homes within 500 feet of the site, and the other half lived in homes beyond 500', but in the nearby Summer Lake neighborhood. A sign-in sheet is attached. Process: Mr. Murphy read the "Statement of Purpose" at the start of the meeting, and handed out an agenda and a preliminary site plan. He also placed a large site plan on an easel. He said there were two separate applications, a Conditional Use Permit (CUP) and a Site Development Review (SDR) — Major Modification, and that they planned to submit them concurrently. He said they would be heard by a Hearings Officer, on the same day, but as two separate items. He explained the land use review process and general timeframe, noting that the City staff would send a notice of the hearing to everyone who owns property within 500 feet of the site. He explained the hearing procedures, and said that there would be an opportunity to appeal the decision. Conditional Use Permit: Dan Boyden reviewed the history of the space now occupied by Quizno's restaurant, informing the neighbors that it was leased to Bagel Expresso for about 5 years, then to Dakota Mail Station, and then to Quizno's, which has been operating since late 2006. He explained that Quizno's applied for and received all of the proper building permits, including an occupancy permit, but had not applied for a Conditional Use Permit, which was required in the Neighborhood Commercial zone. Mr. Boyden explained that it is up to the tenant to secure all of the necessary permits, and that he was not aware that they did not this planning approval until he received a letter from the City recently, telling him that the restaurant use was in violation of the Development Code. He explained that he was now applying for a Conditional Use Permit to allow an eating and drinking establishment in the 1,685 square foot space. He also explained that the restaurant was currently closed, due to the health of its owner. Ed Murphy reviewed the methodology the City staff said they would use to determine the parking requirements, which was to apply the 2011 parking standards to the Quizno's, restaurant and the 1996 parking standards to the other uses. He explained that, in 1996, the restaurant would have been required to provide 11 spaces, versus 26 spaces in the current code. He explained that the center would meet the 1996 standards, even with Quizno's, since the owner had created more off-street parking since the original approval. He said that the center would even meet the 2011 standards if city staff would consider Quizno's a fast food restaurant (which they will not, because it does not have a drive-through window). However, using the staff's methodology, the center would be required to have 79 off-street parking spaces altogether. Once the site improvements are completed, there will be 72 spaces available, so the center will be 7 spaces short of meeting the current requirements. Mr. Murphy explained that they would be applying for a Parking Adjustment. edmurphy&associates/scholl scenter/neighmtg/1/25/11 Mr. Murphy also explained that, once the Conditional Use Permit was issued, the tenant could change to a different restaurant in the same space, and the new tenant would not be required to file for a new CUP. Mr. Boyden explained how much money the Quizno's owner had spent on the tenant improvements, and that he did not think it right or fair to him that the City would issue the building permits 4 years ago, allow the restaurant to operate since then, and now require a CUP. Most of the neighbors who attended the meeting were concerned about parking, and more specifically, parking on Springwood Drive between North Dakota and Summer Lake Drive by employees who work in the center. They said the problem seemed to have started within the last year, when the owner started having people's cars towed if they parked in the center but did not patronize the businesses there (for instance, people who used it as a park-and-ride lot). They said the business owners have apparently restricted employees from parking on site, so they park on nearby neighborhood streets. The neighbors raised concerns about it looking like an urban area (as opposed to suburban), visibility at the street corners, and drivers not always stopping at the stop signs. There was a lot of general discussion about parking on public streets, finding other off- street parking spaces at nearby businesses, and providing more employee parking on-site. Some neighbors wondered if the people parking in their neighborhood even worked at this commercial center site, as they might be people who catch the bus. Mr. Boyden explained that other uses, such as nail or tanning salon, generate as much or more traffic than a sandwich shop, and noted that those uses are permitted without a CUP. Mr. Murphy said he had contacted the City Traffic Engineer about removing the "No Parking" signs on portions of SW North Dakota Street to provide additional on-street parking; but reported that the Traffic Engineer was not very receptive to the idea because the City someday wants to add bike lanes to that section of North Dakota. Dennis Kruger stated his opposition to the CUP and the related Parking Adjustment "until the parking situation...is satisfactorily resolved". Mr. Kruger presented a letter, and asked that it be submitted with the application. At the end of the meeting, Mr. Boyden offered to meet with representatives of the neighborhood again and discuss other ideas and potential solutions to the parking issues raised at this meeting. Site Development Review: Mr. Murphy reviewed the proposed improvements to the site, as shown on the preliminary site plan, including: • Parking - will add 7 more parking stalls west of the bank and north of the veterinary hospital (the 5 already constructed, plus 2 more); • Handicapped Accessible Parking - will add one more space, near the Pasta Pronto restaurant; • Bicycle Parking - will add a bike rack near Quizno's; • Screening and buffering, west property line - will add two more trees along the west property line, replace any arborvitae plants that have died, and repair the 6'-high wooden fence; • Lighting - will shield the lights on the west side of the bank so that the light does not spill over the property line; • Trees - will remove one tree near the southeast corner of the main building because it is damaging the sidewalk, and to make it easier for tenants to get their recyclable edmurphy&associates/scholl scenter/nei ghmtg/1/25/1 1 2 materials to the street; will mitigate the removal of this tree by planting more trees on- site, and will add a street tree along Scholls Ferry Road; • Recyclables area - will install pervious pavement behind the main building, extending the walkway/utility area to about 12'-wide, except around the large Silver Maple tree, where it will be narrower to protect the tree; • Screening and buffering, south property line - will add a 6'-high fence along a portion of the south property line, and along a portion of the east property line behind the main building, to screen the storage and recyclable area from view from the south (where the day care business is located) and from SW North Dakota Street. The people who live in the house adjacent to the west property line (Amy McCullough and Johnny Rowe, at 10648 SW 127th Court) said that the owner or bank removed a large tree on the lot line without anyone talking to them. Amy said they also removed the fence (which they re- built). She also expressed irritation about the noise from the garbage trucks when they picked up the garbage, which she said they do early in the morning. Mr. Boyden explained that the bank, with his permission, took out the tree because it was partly dead and considered hazardous, and said that he understood that the bank's property manager or landscaper called the City forester, who said it was okay to take it out. He said they were concerned that it would fall on the house. There was general discussion about why Mr. Boyden or Key Bank installed the additional parking without going through site plan review, and why the parking is within the 20'-wide buffer area. Mr. Boyden took responsibility for not getting City approval, and said they are now applying for Site Development Review retroactively. Mr. Murphy mentioned that the site plan shows all 7 spaces as new, even though five of them have already been constructed, and noted that the parking area will be re-constructed so it will meet City standards. He explained that parking can be within 6' of the property line, as long as it is sufficiently buffered and screened with trees, shrubs, and a 6'-high, 6"-thick wall. He said that, rather than build another wooden fence parallel to the existing fence, they would like to just repair the existing 6'-high fence as needed, and use trees and arborvitae to screen the property. He said shielding the lights on the bank building will also help reduce the impact. One of the neighbors, Dennis Kruger, stated his opposition to the expansion of the parking lot west of the bank building. Mr. Kruger presented a letter, and asked that it be submitted with the application. A few people agreed with Mr. Kruger. Others thought the parking addition was a good thing, since it provided more parking on the site, as long as it met city standards. Others wanted more information before they could render their opinion one way or the other. The meeting was adjourned at approximately 9:20 P.M. edmurphy&associates/scholl scenter/neighmtg/1/25/1 1 3 Neighborhood meeting regarding Scholls Center CUP, VAR and SDR (Jan. 25, 2011) From: Dennis Kruger, President Amart Summer Lake HOA(SLHOA) Regarding the Site Development Review (SDR): I am strongly opposed to the 5 new existing parking spaces and reduction in landscape buffer width between Key Bank and neighborhood residential boundary. The original SDR for Scholls Center in 1995 specified a 20 foot wide landscaped buffer zone between Key Bank location and residential boundary to the west. At the neighborhood SDR meeting,the owner of residence just west of Key Bank boundary specifically asked what was going to be done with large trees that existed on that boundary. It is documented in the original SDR that the developer"planned to save trees along residence. In spring/summer of 2010,the largest tree (approximately 3 times the height of the house) was removed. The homeowner was not notified. Since the tree was an integral part of the 80 inch high wood fence, removing the tree left a portion of the fence that has not been adequately been replaced by the Scholls Center The removed tree provided home residents visual and noise isolation from the Key Bank lights and drive-thru teller traffic. After the tree was removed, 5 parking stalls were placed within 6 feet of his property which created additional noise, exhaust and reduced privacy. In addition to the restoration of the original landscape buffer zone as specified in the original SDR,the fence should be properly repaired. Landscape trees as used near the Veterinarian Hospital should be used instead on the current arborvitae plantings. The Key Bank lights must also be shrouded to eliminate direct light over the fence. 1/1 January 5, 2011 NEIGHBORHOOD MEETING NOTICE Conditional Use Permit and Site Development Review applications for Scholls Center Pacific Crest Partners Scholls LLC, which owns the commercial center at SW North Dakota Street and SW Scholls Ferry Road (where Pasta Pronto, Starbucks and Key Bank are located), intends to apply for a Conditional Use Permit (CUP) for an "Eating and Drinking Establishment", and also for Site Development Review (SDR) approval for some additional parking on the site. Prior to applying to the City of Tigard for approval of the CUP and SDR, the owner and his representatives would like to discuss the proposal with the surrounding property owners and residents, and any other interested citizens. You are, invited to attend an informational meeting on: DATE: January 25, 2011 TIME: 7:00 P.M. LOCATION: Meadows Group Inc., Realtors - office building ADDRESS: 12655 SW North Dakota Street, Tigard Explanation: To be located within a Neighborhood Commercial (N-C) zone, an "Eating and Drinking Establishment" requires approval of a Conditional Use Permit application from the City of Tigard. Quizno's Restaurant has been operating in this center since late 2006, but never applied for or received a Conditional Use Permit. In order to continue operating a Quizno's sandwich shop or similar restaurant in the 1,685 square foot space, the owner is applying for a Conditional Use Permit at this time. In addition, the owner is applying for a major modification to the approved SDR in order to add 7 more parking spaces on-site (including the 5 recently constructed just west of the bank); improve the screening and buffering between the bank and the adjoining property to the west; add bicycle parking and another handicapped-accessible parking space; and provide an enclosed and screened recycling area behind the main building. Before submitting the CUP and SDR applications to the City of Tigard, the property owner is required by the City to hold a neighborhood meeting to explain the proposal to interested citizens and solicit their comments. (Later, you will receive a notice from the City informing you about the public hearing on these applications.) Please note that this will be an informational meeting on preliminary plans. These plans may be altered somewhat prior to the submittal of the application to the City. If you have any questions or comments, please come to the informational meeting, or contact me at one of the places listed below. CONTACT: Ed Murphy, Principal, Ed Murphy & Associates PHONE NUMBER: 503-624-4625 FAX NUMBER: 503-968-1674 E-MAIL: murphyed @frontier.com . \ 0 VI II PERCHERON LN MIN 1 V. .,. 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HAWKS BEARD `� , , \ moRMAnoN PRONGED REIGARp E50F„oW EESON THE a Him COMMUNITY DEVELOPMENT DEPARTMENT • ' antra 111111111M1111111101 1HIHIIflHIHHhii I Ea 1. © I S Willi. ciyn'Tg rd . ,^ � a D 13125 SW Hatl BNd 0 ..� TIG I Ap5 Tlard,OR97223 1 N .PW5 �o� �IIIIIIIIIIIIIIIII� M T ., b. �v I,:.,I;x, bi��`��Wita "ER ∎a � �V5,..---� AGENDA SCHOLLS CENTER CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW NEIGHBORHOOD MEETING January 25, 2011 INTRODUCTIONS - Dan Boyden, Pacific Crest Partners Scholls LLC PURPOSE OF THIS MEETING - Ed Murphy PROPOSED LAND USE APPLICATIONS - Ed Murphy • CONDITIONAL USE PERMIT • SITE PLAN • PARKING ADJUSTMENT COMMENTS, QUESTIONS AND DISCUSSION SUBMITTING ADDITIONAL COMMENTS ADJOURN SIGN-IN SHEET S choll s Center Conditional Use Permit and Site Development Review Neighborhood Meeting January 25, 2011 NAME ADDRESS PHONE Are(lur+c /25'/s"'5-4) 6$qc/?r Lc 7('q l Jphvi,n 1 f 1 ' _ . _ LAI i y _ t . _41 563 -7iw`� 1)Gr4NLs 16ZIA,CIER, 1l4,12. 5tAl Snrow Cr itAtSH 5D3-S-24-q b7-1 awl V- t 2 t Ct,L kaww..�G so3 -G41-3 -3 2 1.,j11.9 re j 2h33 3 a 3na l) rztJi d 663 -�S.ZV-101 BO(r COCk 12.G41 S cAS SivO(,u f3rusAf i9ii , sz 3- - S 414 Coes /a 6W , r-akei -6a3 Sa (4- 11/.7.5- 64(../ 11,53y- c.C'. S&tr►n, Sa3- -aa.j o \ i 41(obr,„hittie, pew 5W S4mMe(Ltjc 1: _5°3.-.516'Mt E • ) z/6 ,biol. f !Z Tht-T' ruk, "7 6.2.0 s„✓ S.44-Al n e %Ae .�ti. (h23 M/8G8 -4 0 .5 S . 1 ck hir2407,e%_) 113 o 7 S147 hitc_ So 3 s 3 Z pa,►�ie.l t3oc�"�vio (O6241' SO 0,7.0" ct 5c)3- 577°5+57 La-LAOttva- fl/aL S y h-t o''I Z. H I a (03 Sty 514 itVi•tert- C X4 45•v. ROW'S 6/*5 S •Ac 40,rob ,laKc +711-- (g 6'� v8C0 AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT &COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: �- I, gcl M 1.l r p INN ,being duly sworn,depose and say that on the 5 day of_ `1Qv1.A(try , 20/1 ,I caused to have mailed to each of the persons on the attached list,a notice of a meeting to discuss a proposed development at (or near) 16J Nar11s lNG1<et04 S v } 4011 St.J fc.heis Ferry gucid ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly add essed to said persons and were deposited on the date indicated Mabove in the United States Post Office located at ;IA 5Tree,T, TG'a rq with postage prepaid thereon. Signature In the sen e of a Notary Public) ( p n' ) POSTING: I, ad /►4 w r p i y ,do affirm that I am(represent)the party initiating interest in a proposed land use application for re s+0..ura.a AwJ q d dai emrnl earK ticl affecting the land located at(state the approxim to location(s)IF no address(s)and all tax lot(s)currently registered) IS 113/kb 160f0, 1 i WO awi /(o Z00 , lw/a S Lich, (y G✓29.6,1 ,and did on the 111 day of 3614a el ,20 1 personally post notice indicating that the site may be proposed for a C..U P oN d 5 )R land use applications and the time, date and place of a neighborhood meeting to discuss the proposal. ��// The sign was posted at O h Q 410111 Sly S c-L„d its �`e r r l J o cJ� du 0(vow Cs it/47 Std iv it, Da Ica fG Sreel , 601z, ova ,i/a /u/- 15153AA/6o00 . (state location you posted notice on property) Signature (In the p sen e of a Notary Public) (THIS SECTION FORASTATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF C7 2 e- o ) County of Wc.s k,,.,,b,,� ) ss. Subscribed and sworn/affirmed before me on the day of F. hr .ey ,20. 11 • OFFICIAL SEAL J / ry KRISTIE J REERMAN a NOTARY PUBLIC-OREGON COMMISSION N0.419242 NOT Y PUBLIeOF OREGON CO�dh MY PION EXPIRES,1 LY 28.201'1; My Commission Expires: iAcurpin\=stem\neighborhood meetings\affidavit of mailing-posting neighborhood meeting.doc Page 5 1S134BB00600 1S133AD10700 12000 SW PIONEER LANE LLC BOATRIGHT,DANIEL J&LEAH N ATTN:BRIAN WIRTZ 10624 SW 127TH CT 225 BUSH ST 16TH FLOOR TIGARD,OR 97223 SAN FRANCISCO,CA 94104 1S133AD09900 1S133AD10100 ADAMUS,GRAZYNA& BRUNICARDI,PATRICIA NOW PROSSER OGOREK,ZBIGNIEW 4553 GLORE CROSSING DR SW 10717 SW 127TH CT MABLETON,GA 30126 TIGARD,OR 97223 1S133AA05000 1S134BB00302 ATKINSON,RICHARD G AND CHINOOK INVESTMENT CO JUDY L BY KNOWLEDGE LEARNING CORP 14800 SE FAIROAKS AVE ATTN:TAX DEPT MILWAUKIE,OR 97267 PO BOX 6760 PORTLAND,OR 97228 1S133AD09800 1S133AD11700 BAAS,KEITH A& COHEN,THOMAS SWEENEY,LISA A 10732 SW 127TH CT 10729 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 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KOWLOON,HONG KONG,RO TIGARD,OR 97223 1S133AD13000 1S133AD03200 NGO,BINH T AND PHAM,QUAT BA DIEP,CUC QUACH,ANH DUY 12672 SW SPRINGWOOD DOAN,DUNG TIGARD,OR 97223 10700 SW SUMMERLAKE DR TIGARD,OR 97223 1S133AA06000 1S133AD10500 NGUYEN,DONG TIEN&KIEU HANH PISCITELLI TRUST 12770 SW CLEVELAND BAY LN BY ANTONIO/PASQUA PISCITELLI TRS BEAVERTON,OR 97008 5728 SW 52ND PORTLAND,OR 97221 1S133AA06600 1S134BC00401 NGUYEN,ERIC P PROVIDENCE HEALTH SYSTEM-OREGON 12600 SW CLEVELAND BAY LN ATTN:REAL ESTATE&PROPERTY MANAGE BEAVERTON,OR 97008 4400 NE HALSEY BLDG 1 #160 PORTLAND,OR 97213 1S133AD00500 1S133A010800 NGUYEN,HANG KIM PUN,YING KUEN AND 12670 SW TARPAN DR CHAN,SIU YING BEAVERTON,OR 97005 10636 SW 127TH CT TIGARD,OR 97223 1S133AD16100 1S133AD12500 NICOL PROPERTIES LLC RAGER,MIKE L&CAROL J 6435 SW SCHOLLS FERRY RD 11334 SW SUMMER LAKE DR PORTLAND,OR 97223 TIGARD,OR 97223 1S133AD00100 1S133AD09000 NIEDNER,ESTHER M RICHARDSON,GREG L 10500 SW TARPAN DR 12815 SW CHICORY CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD16000 1S133AD10200 PACIFIC CREST PARTNERS SCHOLLS L SEEMANN,SANDRA KAY 1430 EASTSIDE RD 10673 SW 127TH CT HOOD RIVER,OR 97031 TIGARD,OR 97223 1S133AD16200 1S133AD11800 PACIFIC CREST PARTNERS SCHOLLS L SELE,TRENTON K& 7000 SW HAMPTON ST#130 LUEHR-SELE,STACY M TIGARD,OR 97223 10740 SW 127TH CT TIGARD,OR 97223 1S133AD09400 1S133AD09500 PERRY,RANDY W&LINDA K SIX,GLENOLA TRUST 12716 SW SPRINGWOOD DR BY GLENOLA SIX TR TIGARD.OR 97223 12724 SW SPRINGWOOD DR TIGARD,OR 97223 1S133AD10900 1S133AD00800 PETERS,DAVID L AND FRANCES L SMITH,CRAIG&SAMANTHA 7411 E JAMISON DR 12750 SW TARPAN DR CENTENNIAL,CO 80112 BEAVERTON,OR 97008 • 1S133AD12200 1S133AD03400 SMITH,ROBERT L& WANG,WEN IAN& CADELL,SUSAN J LIU,TONY Y 11329 SW SUMMER LAKE DR 10740 SW SUMMER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133AA05200 1S133M04800 STINTON,CARLEE J WARNER,JEFFREY 0&LINDA S 12785 SW TARPAN DR 12685 SW TARPAN DR BEAVERTON,OR 97008 BEAVERTON,OR 97008 1S133AA06300 1S133AD13100 STOCKLEIN,FRANK T&KAREN P YANG,HSIU-PING 12690 SW CLEVELAND BAY LN 12650 SW SPRING WOOD DR BEAVERTON,OR 97008 TIGARD,OR 97223 1S133A000700 1S133AA06200 TANGALIN,DEANNA YANG,JESSICA& 12710 SW TARPAN DR WU,WINSTON BEAVERTON,OR 97005 12710 SW CLEVELAND BAY LN BEAVERTON,OR 97008 1S133AA06400 1S133A000900 THADEN,JULIE A& YASAVOLIAN,MOHAMMAD STEELE,DOUGLAS G 20417 SW INGLIS DR 12650 SW CLEVELAND BAY LN ALOHA,OR 97007 BEAVERTON,OR 97008 1S134BC00600 1S133AA06500 THOMPSON,DENNIS C YOERGER,DAVID& 9295 SW ELECTRIC ST YOERGER,KRISTEN TIGARD,OR 97223 11080 SW GOLDFINCH TER BEAVERTON,OR 97007 1S133AD07700 1S133AD11600 THORSON,SHEVEN M YUSUPOV,SALAVAT& 10775 SW SUMMER LAKE DR YUSUPOV,EVGENIYA TIGARD,OR 97223 10724 SW 127TH CT TIGARD,OR 97223 1S133AD02800 U,KENNETH K&DOROTHY K 10620 SW SUMMER LAKE DR TIGARD,OR 97223 1S134BB00700 UNITED STATES BANK OF OREGON CORPORATE FACILITIES#355 PO BOX 8837 PORTLAND,OR 97208 1S133AD12900 VALDEZ,AMY D 12663 SW SPRINGWOOD DR TIGARD,OR 97223 Charlie and Larie Stalzer David Walsh 14781 SW Juliet Terrace 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Susan Beilke Todd Harding and Blake Hering Jr. 11755 SW 114th Place Norris Beggs & Simpson Tigard, OR 97223 121 SW Morrison, Suite 200 Portland, OR 97204 Shannen Williams Rappold Harold and Ruth Howland Marketing/Business Development Manager 13145 SW Benish Perlo Construction Tigard, OR 97223 7190 SW Sandburg Street Portland, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i.\curpin\setup\labels\CIT West.doc) UPDATED: 13-Dec-10 /�Ljl�/N f� W t •^M `4I-.1 • �. per = Ai r I -' �T - yi W y.4 yy.� klik:6,..PHOTO#1 PHOTO #2 PHOTO #3 View of east end of main View of west end of main View of west end of buiding building building and veterinarian hospital t 4111104 wc7:0. ...111r % A. d° ,.gyp...�• � ' i} a1 y ` f ` : i - le- .4i, PHOTO#4 PHOTO #5 PHOTO #6 T k View of driveway to parking Closer view of driveway - View of parking area built in ? area west of the bank curb will be relocated 2010, looking south o; ,ii ;, ' .rt -� - 1 L JR` �.i a x ' i AL .. s . t 1:„..• `jf*:Air ` . ^4. $ . - • .y ".ie -w PHOTO #7 PHOTO #8 PHOTO #9 View of bank and parking Closer view of bank and View of buffer area along west area, looking north parking area, looking north property line :,.. .114;41111. t„, ..... ,-... PHOTO #10 PHOTO #11 PHOTO#12 View of house on the View of area proposed for an View of another area adjoining property to the west additional parking space proposed for a parking space f a.4 . .rr4 ' b ti • 2:', "' 4'. '1' ‹1fA / PHOTO #13 PHOTO #14 PHOTO #15 View of fence along west View of flood light on west View of utility area behind the property line, looking north side of the bank building main building, looking west , __ists • I mo., "i 2'7 . r,/ . . ' ;' 111 iNi 14rt :fingtfiti. "4 i - r 0. ia *iv, c, . 1 + ` PHOTO #16 PHOTO #17 PHOTO #18 View of large tree behind the View of utility area behind the View of utility area behind the main building main building, looking east main building, looking east ,,' W . 1 • i ':Y 4,‘;\i,,,,,i ill , i ., - , Z PHOTO #19 PHOTO #20 PHOTO#21 View of south side of building View of south side of building View of street tree near the from daycare parking lot from daycare parking lot northeast corner of building Ili Mt om, ...... —r — 4. i , PHOTO#22 PHOTO #23 PHOTO #24 View of proposed location of View of central area where View of area proposed for 4th accessible parking space parking layout will be revised bicycle rack S educed PJav 3e± 1 • G b g 0 g M 11 i 2. ill 2 r"7-7,- ——— 4.-- \ rirpk' \ i • Q � y I 4 E w-- des qp 'I' Ili Ii pr 1 111) if, 1 , iml _ o z ( o j r J li r--, 12 ' 11 1 1 --"—• : gill r 'Pi. ail 51i • ) 4 14 '40" 11 1,10.1 R Y '�` I �i a � I!. si giEl• gia, 1! Alw, il _f. 1, C5) : g g r :ICI, gl NI 11121"1" �0_ _ J:I 0 4p 4 P -I.- �P gRi 41,4 I A i %.1.0 1 i. 4 i Vp' i –'-': . ti It: fir\ f !-,63 M ii EISMIll 11 , 08 _Li , Pio.° •...._......�...4110, _/ _-‘... _ . mi 'l 1S VIO>IVO Hl JON A'S Ai E 40 VANES A C mII 1� 1_1I=I /, ; , . ' = Q u 1'0 ri � � i po 131.' 2 ; ' ! D. ni.„,..rps. !I ii an P T Itf 2� 1 -i � k m - Z � _ - iDi re f gat- 11 it i g N N ti N E s g s N � N U"; N 4 f) g,- a a a 1 I s I I I It' lit b r SCHOLLS FERRY COMMERCIAL CENTER . ED MURPHY&AssocuT m IMPROVEMENTS PLAN PACIFIC CREST PARTNERS SCHOLLS LLC Land Use Pfm•nu"8 and A"``°'"`"`S""" " CO 0 Tigard,Oregon 97224 �• g 1"=20'_0" 12744 SW North Dakota Street,Tigard,OR 97008 9813 SW 1G.doct5 ,phone:503 624 4625 fac 503 968 1674 tr. V ery t Le, Pro vi c(e r Leite r • Exhibit '8' From: ED MURPHY<murphyed @frontier.com> Subject: Fwd: Recycle Service Date: March 1, 2011 8:01:22 AM PST Begin forwarded message: From: "Brist, Dave" <DBrist @wm.com> Date: March 1, 2011 7:30:37 AM PST To: "murphyed @frontier.com" <murphyed @frontier.com> Subject: Recycle Service Ed, Waste Management completed a site survey for the Starbucks location at 12700 SW North Dakota ST. Tigard, OR 97223 We have approved the site for recycle roll cart pick up, curbside. Thanks for your help, Dave Brist Route Manager Washington County Operations Office: 503-992-3021 Cell: 503-849-8082 Fax: 503-357-4822 dbrist®wm.com Everyday Collection to Environmental Protection. Think Green, Think Waste Management. Waste Management recycles enough paper every year to save 41 million trees. Please recycle any printed emails. Jan 27 11 03: 19p Murphy 5039681674 Exhibit 9, . ' :?I'il.) .') :C'' '* '.151 \\\ Clean Water Services File Number )I JAM 2 7 2.011 �, it- 000t( 1 !A ! CeanWaterr Services I �y � �_• Sensitive Area Pre-Screening Site Assessment 1. Jurisdiction: l t.5c (CS 2. Property Information (example 15234AB01400) 3. Owner Information Tax lot ID(s): j5133A016000, !(aio0, 16200 Name: bciw Aoyje(t Company: .r. -71.r , • Stara ( . c Address: ir{30 egStSide Rd • Site Address: /2 100 S t.J NcrtL., b 0 KO-}u City, State,Zip: .1-iood R■e'er, OR crtersi City, State,Zip: Tirjap.a, Orelan Q/223 Phone/Fax: 5`11 - 'MO - 1000 Nearest Cross Street: 'r 6) cr-1^o 6s Ferry RA' E-Mail: i bet de a 5 a(y • "let 4. Development Activity (check all that apply) 5. Applicant Information ❑ Addition to Single Family Residence(rooms,deck;garage) Name: ecr Kurqi,y }� O Lot Line Adjustment ❑ Minor Land Partition Company: c 4 IV\urph'. r AAss oc i ct e s ❑ Residential Condominium ❑ Commercial Condominium Address: 9g75 cL41 M lArd o c k S}-• ❑ Residential Subdivision ❑ Commercial Subdivision City,State,Zip: Ti a ed r 6 �!7 Zy ❑ Single Lot Commercial i% Multi Lot Commercial Phone/Fax: SU 3'�62 ct - �`2ra Other 11 E-Mail: M t.r p►,y ed & n for. Co w 6. Will the project involve any off-site work? ❑Yes a No ❑Unknown Location and description of off-site work 7. Additional comments or information that may ke,needed to understand your project OW new- is -ei4tena I Al 16 pcxr ivL,) toi tel I, 021 Sq .44 This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. Print/Type Name _ ci Li v.,r ' ►^t Print/Type Title {7(1)+ C∎17K' Signature ..,4 Date I f Z7/ZO O . FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report 'may also be required. ' Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive areas)found near the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas If they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 102,1. All required permits and approvals must be obtained and completed under applicable local,state and federal law. ❑ This Service Provider Letter Is not valid unless CWS approved site plan(s)are attached. U The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIPi R LETTER iS ••UIRFC. Reviewed by i I ." .41 Date 1 Z- 2550 SW Hillsboro Highway . Hillsboro,Oregon 97173 • Phone:(503)081-5100 • Fax:(503)681-4439 • www.cleanwaterservices.org Arhori &f Reporf Exhibit '10' 12700 SW North Dakota St. 1/25/2011 N Dakota St. This Arborist Report pertains to the shopping center at 12700 SW North Dakota St. There are proposed improvements to the pavement that will affect three of the trees on site. There is a 7-inch DBH red maple tree (Acer rubrum) standing 3-1/2 ft. west of the sidewalk on the SW North Dakota side of the property. This tree has apparently been unable to penetrate the soil and its root system is at the surface. Consequently the roots have raised the 4-inch thick concrete work all around it. The concrete walkway is to be enlarged for merchant access to the street, facilitating trash and recycling as well as deliveries. The owner desires to remove the tree and pave over it. This will also remove the nuisance of damage to the City sidewalk. The owner is willing to mitigate by replanting on the site. ,� ---re' il ; . 4 4 i The proposed improvements include widening the walkway behind the stores. The existing narrow walkway is seen in the background in the photograph above. It will be increased to approximately 12 ft. wide, with one exception. There is a 30-inch DBH silver maple Multnomah Tree Experts, Ltd. Page 1 of 3 12700 SW North Dakota St. 1/25/2011 (A. saccharinum) standing 13 ft. south of the building. There will be a 5-ft. buffer around the tree trunk to protect the roots. This leaves approximately 8 ft. for the walkway near the tree. If roots are encountered during excavation they shall be exposed by hand and cut cleanly with hand tools. On the SW Scholls Ferry side of the property there is a 7-inch red maple at the west end of the parking lot near Key Bank. The tree is 5 ft. north of the existing curb. The pavement there can be extended approximately 3 ft. closer to the tree. Excavation will be limited to accommodate the minimum depth of gravel base, and if roots are encountered they shall be exposed by hand and cut cleanly with hand tools. In addition, the lower crown should be raised to accommodate vehicles. Multnomah Tree Experts, Ltd. Page 2 of 3 . .• 12700 SW North Dakota St. 10511011 • Assumptions and Limiting Conditions - Multnomah Tree Experts, Ltd. 8325 SW 42"d'Ave. Portland, OR 97219 Voice (503) 452-8160 Fax (503) 452-2921 peter.a.mulinornaluree.com Any legal description provided to the consultant is assumed to be correct. Titles and ownerships to property are assumed to he good and marketable. No responsibility is assumed for legal matters. 2. Care has been taken to obtain all information from reliable sources. All data have been verified insofar as feasible;however,the consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 3. The consultant shall not be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made. including additional fees. 4. This report and any values expressed herein represent the opinion of the consultant,and the consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated result. the occurrence of a subsequent event, nor upon any finding.to be reported. 5. Sketches, drawings and photographs in this report are intended as visual aids and may not be to scale. The reproduction of information generated by other consultants is for coordination and ease of reference, Inclusion of such information does not constitute a representation by the consulting arborist, or by Multnomah Tree Experts, Ltd.,as to the sufTiciency or accuracy of the information. 6. Unless expressed otherwise, information in this report covers only items that were examined, and reflects the condition of those items at the time of inspection. The inspection is limited to visual examination of accessible items without laboratory analysis, dissection, excavation, probing, or coring, unless otherwise stated. 7. There is no warranty or guarantee, expressed or implied,that problems or deficiencies of the plants or property in question may not arise in the future. 8. This report is the completed work product. Any additional work, including production of a site plan, addenda and revisions, construction of tree protection measures. tree work, or inspection of tree protection measures, for example. must be contracted separately. 9. Loss or alteration of any part of the report invalidates the entire report. Ownership of any documents produced passes to the Client only when s all fees have been paid. 4 Peter Torres, Master of Forestry CCB# 154349 ASCA RCA No. 372 !SA Board Certified Master Arborist PN 0650-B • Multnomah Tree Experts. Ltd. Page 3 of 3 • • LAND USE PROPOSAL DESCRIPTION s_11 L-01 TIGARD 120 DAYS = 07/12/2011 FILE NUMBERS: SITE DEVELOPMENT REVIEW (SDR) 2011-00001 PARKING ADJUSTMENT (VAR) 2011-00003 FILE TITLE: SCHOLLS COMMERCIAL CENTER OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy&Associates 1430 Eastside Road 9875 SW Murdock Street Hood River,OR 97031 Tigard,OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60%compact parking. LOCATION: 12700, 12730 & 12744 SW North Dakota Street; Washington County Tax Map 1S133AD, Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial(C-N)and Professional/Administrative Commercial(C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e., at least weekly, for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants,gas stations,medical centers,religious institutions, transit-related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765, and 18.790. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III j TYPE IV J DATE COMMENTS SENT: MARCH 16,2011 DATE COMMENTS DUE: MARCH 30,2011 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION TENTATIVE DATE OF DECISION: APRIL 28,2011 L COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ►�/ VICINITY MAP ❑ UTILITY PLANS ❑ EXISTING CONDITIONS .® SITE PLAN ® TREE PLAN ❑ IMPACT STUDY ® NARRATIVE ❑ SIGHT DISTANCE CERTIF. ❑ STORM H2O ANALYSIS STAFF CONTACT: Darrel"Hap"Watkins,Assistant Planner (503)718-2440 hap @ tgard-or.gov ADDITIONAL DOCUMENTS . . . . . . I I: ' &1 • I a 1 ?. ' • I 1 :11W.. /.,.. ...---• GRAPHIC SCALE • . • . . . • .•• . . ' ....q... t.-:-... . --- -e N .-•.. A.. .,....\..-...... ,,•• ,-.. ••1 4•* . -. .r-----7 / • 1,v - , s / : 1..- , 4 r r?•. 1 2 i SITE DATA t 2 li • .... , ..• . .. . •.. . . ...... . '•• ite',..--.::.-::: n a 1.. k., .. ..„............-.....— • .. 1: /••• i ••-•••••......../ 1 • ' . ....\,•\,411Nah. ...........:3 'Asa ,. BRIM KA= E s a 1,1 ... --- ...... , .• , - ....•••--'.........:..••-•...... • MR..= 4'..-;*1.4v. .\'''''.i... i ce LI g g 4 b i . .. ...,........._.... f.b...... ...,... .--. N. , : . I RE TAIL OFFiCE ItANO0 SO FT 11.91/0 SO FT --• . • • .r9r.."‘..".4 ; .• s•t."..---4 , :licr.•"` -47 ', IN : TOTAL I5.8.30 SO Ft 13.530 30 FT • 11, ... PARKING RAN)(.3.p000) 62 Str6.15 63 STALS SCHOLLS CENTER r/r...... .,.....÷..„_,_, ..... 7 :...., ri...; ACCESSIBLE 3 3 PARKING LOT ....* .,.. ;./ , : ••••.. • • ,.• C i COMPAC T 33 35 REVISION • e .......- :,- STANDARD 26 30 • -. •. - \\ ''Y •• la ..•••• SITE AREA(ROUC.ES TINA TE) L ANDSCAPE 57,500 560011107- B1125- I= 57400 Matelta Lel': ENL It • ........... Ci ON • ' peov106.0 15.470- 27X 1111111//ge 14.760 - 25 711 . 40 ..... ,...—. 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N Li ce .. _--`-- ca-OOO ocv- r : PLANT LEGEND v -4(A a .' .1.,000bo. ,040;::., LI_ 0,0 - •i..�::; D `J= SPACING/CCT11'IENT5 (-) S• O y • � � OO 0a68ao %I •4'4••43; pj�:_:_ •NiNifXr --'_{��__ I TREE$ �j%Sp Ha�Er o�i f .li!i�'•� ,0±;04• o__ �•••••N et,„„ �O i • ACER RUBRJM'RED SUNSET' Y CAL BBB FULL,HEADED AT b' I MP' n -RED SUNSET MAPLE 4 L:3:i:: C. - �� �� I 0 ACER GIRCINATUM 8-10' FULL,3 STEM MIN. ff :J) -VINE MAPLE r MS I 1 t�%y%?� CAPINUS BUS ASTIGIATA' 2'CAL.BIB FULL,HEADED AT 6' 3 *R O -EUROPEAN HORNBEAM Q Gd, �c -?= f _--_� �� PF3p•R15 SERPoILATA KWAWZMI' 2'CAL.B!B FULL.HEADED AT 6' ,J;mf1' J GI--_-_ IN NI A I O -I4INZAN CHERRY ( o`er d _ Z 4 - _ CO 4 I- •J I SN BS/GROUNDCOV£RS J • � d �. I 0) ® CORWS STOLONIFERA'BAILEYI' • I GAL.CCNT. SPACE AS SHOUN, jjj C - REDOSIER DOGWOOD I FULL PLANTS 7�,,,, 4141: • / /; I LI I O —OOTTTTO LUMEN LAUREL I5-18' RILL PLANTS N. • a PA V _ f rr_ 'G� '� S.h , BERBERIS T.'GRIMFi�I•I PT"GHY' 2 GAL.GOVT. SPACE AS SHOLLN, RESIDENCES JJ >> - -.L4 -CRIMSON PYGMY BARBERRY WLL PLANT9 ;y5'=�w. {�, O -RI-10 ODENDR 'BLUE DIAFIONp' 15-18' SPACE AS 51-I0UN, :) I '�- �pl� ?�, -RHODODENDRON FULL PLANTS > .V.N- • s,-. ,.) -• ...•• CORNUS STOLONIFERA'KSLSETI' 1 GAL..CONT. 2'OC- fix• 'y . •.' -•.',•. .. .:.:. . • PC I 0 -DWARF REDOS IER DOGWOOD FULL PLANTS L __ ARGTOSTAPHYLLOS UVA-URSI I GAL.CONT. !'OC.FULL PLANTS .-. l� .y 0 7 VETERINARIAN F.F 23080 ' ' j—I -KIMIGKIhIIGK MAHOJIA A]UIFOLIUH'GOMPACTA' I GAL GOVT. 2'0.C.,FULL PLANTS DATE: ,1-22-94 -DRAM Br.. ;• O -COMPACT OREGON GRAPE MO (•,: r� .. ,'Q 0 VIBURJIp-1 P.T.TIARIESII': 5 l .CONT. SPACE AS•5HCLLN, CHECKED or .' _ .:O •DOUBLEFILE VIBUR LIM' FULL PLANTS MT —..IT 5 REVISION • .` - -O SEEDED FIELDGRASS SEE SPECIFICATIONS `EvIa05wa 4 I' HI DATC 6 '.3OL7C00t�?00000 D00000OOO000600000C000 I SEEDED 510-SWALE SEE SPECIFICATIONS 4111, 411, Mr 1111, NW 1111/0411, .111111111% pi % Y:.'KPtP A'1!ALA- 15-Iv' ,,L'e-ii.6.401.4 I GL:Y.pL•¢Y.hdhl�ie WILLOW PULL!�_?rT: EXIST.TREES i0 REMAIN-TYR 5'vR p�.coA DAYCARE FACILITY SHEET Ake Feha and Associates =V' L a •F n I e<R c B PLANTINGPLAN L 1 v u-ALL I•-1 '-0• • _ OF 7 JOB NO PERMIT SET t2-29-94 294149 __-- -B -SET--42- -94 —T D ��S F ERRS S.W• 5C�� NEW STREET TREE TO MATCH EXISTING __ EX.UnuTY POLE EY.TREE OW.) ________- - . I. . am_— , \ TO O /REMOVE EXISTING -,! / CURB NEW CURB „1 20 - REPAIR/REPLACE EXISTING FENCE AS NECESSARY ' V NEW Cp1PACT S Ilk I PACES(e)i� ►_, - EX.TREE(TYP.) ,$ EXISTING HEDGE '1�1 E • �� NEW TREES TO MATCH -- EXISTING(2) , i., 1 / INSTALL SHOWS ON EXISTING UGHT �� FIXTURES(4) I,ij(.9,1 Al O Ex.EXSTING GATE / � ` now Mk\\ F.H. • NEW CURB Go f ,�� REMOVE EXISTING �_ C ,� CURB r , tII RE-STPoPE EXISTING REMOVE EXISTING CONC. SPACE$(3)TO CURB AND PAVING,;CUT CREATE COMPACT CONC.AT EXISTING JOINT SPACES(4) - 1 z ABI NEW PSED-ACCESS O PAKNG SPACE a ACCESS—\\ O LANE PER ADA SIDS vi TRASH IP .-4 1 rs.1 _ 1 ,,,_ _ __ 7 r ______ _ .._,._ _._ ____ __ ...,_. ,_ __. NEW INCYCLE RACK NEW DISABLED-ACCESS 11 1 „... t.....7....,I RAMP PER ADA SODS O NI U7 13 Ip to EX CONC.PANNC I NEW EX. PAYING y -� GRASS LINED SWAL: �) / '�W_._ __ �U' p REMOVE DOTING TREE PEN Wrir AMORIST RECOMMENDATION ` i DOTING 01AMiMC EXISTING MATURE FENCE EVERGREEN TREES NEW 6-FT.HIGH WOOD FENCE MIN 5-FT.GATE CB0 NOR _____---- DATE: 1/24/11 ED MURPHY& ASSOCIATES PRELIMINARY SCHOLLS FERRY ♦♦♦Land Use Planning and Development Services IMPROVEMENTS PLAN COMMERCIAL CENTER PAGE NO: 9875 SW Murdock Street,Tigard,Oregon 97224 NOT TO SCALE 12744 SW North Dakota Street 1 OF 1 phone:503.624.4625 far:503.968.1674 Tigard, OR 97008 PROJECT NO: SFC001 I ,b tie1 c 9ff.f a- Le/ I *Are_ SA) 4,4 I vAa_ rectoote ;ipvyag/ . bo71-A lito/tbe P Pikil,*..A. pA.v/i/LI , 4, - an/tai 16,iiii 1/NA - FILE COPY A4 -re-e. SD-;of o-ad,fititilt 1114 Mayer Landscape Architecture April 7, 2011 RECEIVED APR 1 2 2011 To: Hap Watkins, Assistant Planner, City of Tigard CITY OF TIGARD Re: Scholls Ferry Commercial Center proposed buffer improvements PLANNING/ENGINEERING The Scholls Ferry Commercial Center Improvements Plan dated April 7, 2011 includes proposed improvements to the existing buffer along the west property line of parcel number 1S133AD16000. This buffer separates the existing and proposed parking and landscape areas from the single-family properties to the west and currently consists of a wood fence, an arborvitae hedge and three trees. Fence: The existing single-sided wood fence varies in height from 78 to 84 inches tall and runs the entire length of the west property line. It includes a four-foot wide gate as shown on the Preliminary Site Plan, which provides access from the rear yard of the adjacent residence to a landscape area within the subject property. This fence is generally in need of repair and/or replacement in several areas due to age and weathering. The Plan proposes to replace approximately 95 linear feet of the existing northernmost section of fencing with a new double-sided wood fence/wall at a minimum height of six feet above the proposed on-site parking spaces. This proposed fence/wall would have a finished thickness of five inches, which is one inch shy of the Tigard municipal code 18.745.050 requirement of a six-inch thick wall. While the proposed fence/wall design could be altered to provide a six-inch thickness, this would serve no purpose whatsoever regarding visual screening or noise barrier. As an alternative to a wood fence/wall, the construction of a masonry wall would be counterproductive, as it would most likely require the removal of much or all of the arborvitae hedge due to the footing size requirement of a wall of this height. In addition, this footing installation could potentially compromise an existing 40-foot tall deciduous tree which sits on the property line and a mature conifer that is just inside the adjacent property line. Both trees are located near the northeastern corner of the adjacent property and provide not only additional screening between the adjacent and subject properties, but also between the adjacent property and Scholls Ferry Road. Due to the location of the property- line tree, a masonry wall with footings would also require either a) a void in the wall at the tree location or b) a small arc around the tree which would further compromise its root system. The potential damage to the existing trees and hedge makes a masonry wall an impractical and poor choice given the site conditions. Due to its adaptability and less invasive construction requirements, the proposed wood fence/wall is the ideal choice for creating a solid barrier while protecting the existing trees and hedge. Hedge: The existing arborvitae hedge varies in height, with approximately 60 feet at the northernmost end reaching heights of 10 to 14 feet. A 10-foot long section just north of the gate reaches 6 to 8 feet tall, and an 8-foot long section just south of the gate reaches 12 to 15 feet tall. This tightly-spaced hedge forms a completely opaque screen that exceeds the height of the existing fence and provides additional noise barrier. Therefore, it is logical that it should remain, providing increased screening of one to two feet per year, to an ultimate solid height of 15 feet or more. Two additional arborvitaes will be planted in the area adjacent to the existing gate, which will be removed and replaced with a solid fence. Trees: The third buffer component includes three existing mature hornbeam trees just in front of the hedge that are approximately 25 to 30 feet tall. Two additional 2.5-inch caliper hornbeams are proposed, which would be approximately eight feet tall at installation. These newly-installed trees can be expected to grow between two and three feet in height per year. At the proposed 17 feet on center spacing, these five medium-sized trees will be more tightly spaced than the required 30 feet on center, and will provide a dense canopy ultimately reaching 35 to 45 feet in height. The remaining southernmost portion of the west property line is screened heavily by tightly- spaced mature hornbeam trees. This portion of the property line is not adjacent to the parking and driving areas of the subject property. Summary: In summary, the proposed buffer improvements are equivalent to the C-3 standard required. The effective layering of the solid double-sided fence, completely opaque 12-to 15-foot hedge and dense tree foliage will exceed the effectiveness of the minimum requirement both in noise reduction and in screening views from ground level and second- story windows of adjacent properties. Thank you for your consideration, 41( F 4 Holly Mayer ndziela Landscape Architect Mayer Landscape Architecture cc. Ed Murphy, Ed Murphy & Associates Dan Boyden, Pacific Crest Partners Scholls, LLC Keith Nicol, Sorrento Animal Hospital Charlie Forth, Facility Manager, Key Bank ♦�♦ 1. J MURPHY & ASSOl_ _RTES ♦ Land Use Planning and Development Services TRANSMITTAL MEMO RECEIVED APR 1 2 2011 Date: April 12, 2011 CITY OF TIGARD PLANNING/ENGINEERING To: Hap Watkins Firm: City of Tigard From: Ed Murphy Phone No.: 503-624-4625 Revisions to Preliminary Site Plan, Scholls Ferry Subject: Commercial Center, SDR2011-00001 Message: Hap: We received your letter dated March 31, 2011. In response, we have revised the Preliminary Site Plan to add four more 2.5" caliper Red Sunset Maple trees in the parking lot islands as mitigation trees. That is, we will plant six 2.5" trees (15" total) to mitigate the loss of two 7" caliper trees (14" total). We also removed the fourth ADA parking space, and changed the bicycle parking by having one larger bike rack in front of the restaurant, instead of the two smaller bike racks. Enclosed please find one full-sized copy, an 11" x 17" copy, and an 8.5" x 11" copy of the revised Preliminary Site Plan. We are also providing a letter from Holly M. Kondziela, Landscape Architect, Mayer Landscape Architecture, addressing the screening and landscape plan in more detail. In the letter, she explains how the proposed alternative screening plan will provide the same or greater degree of buffering and screening as that required by the "C-3" standard. If you have any questions, or need anything else, please call me. We look forward to reviewing your staff report and the Director's decision. Than. . /14 Ed Murphy 9875 SW Murdock St. Tigard, Oregon 97224 /Phone 503. 624.4625 /Cellular 503. 314.0677 /Fax 503. 968.1674 REVISION CITY OF TIGARD 5 FERRY RD Conditionally onApproved I j S CHILL For only the wo as described in: BC RECEIVED s. . PERMIT NO. .!- / r �T IEEE TO See letter to: F I LATCH OWING IX UTILITY POLE •• ••• -- - I• APR 1 2 2011 ,• .1 !, CITY OF TIGARD 00 ANN b. :PLANN1191 Fk - O j _f ACO H ME NE7 CURB NEW NEW MOS 10 \ r w RELOVE IXIMMO NEW 2 1 pY CAL F7a51NC 5 moms yp\ 0 '`'. TRE1t TO BA1a IX /,INTERIOR Ct. `1 �DO SING RE_STRPE E7057NG _SPACES AS 9.111 ,.' NEIL IMPERMOUS AREA �••�IEW CURB 14 , ice.ILFOI N FENCE OF HEIGHT fry rape carACT $ It /� TREESz io uAm�'i ID .� �6I SPACES(e) .s{ -_g _ga- E�s1r�c(y) LOCATION OF I 11�`7 ' - p23e'—y_ _ COSTING TREES I:� �: PREVIOUSLY-REMOVED TREE %= —•,• - TI le (MITIGATION TREE R) ■ _ . IX TPEE(TW.) ,i5.56M 1 --_1 111'-- _18, DOS7E1c e-IY INN ' \ b I (� •�I�:' ARBORVITAE IfIDOE i --- - NEw TREES m WATCH ' f 1 - • ~ EC BUFFER TREES(2) 11.18' % --- . --- I•� 1I IN FJLLSHOWWS st ---I --- NI :' ARaORNTAES TO __ '45 PATCH COSTING(Z) -'P Fl%NRES(4) ___,,1'-__ O' .. EIOSTNG GATE TO IX U1N1TY BOX I!E � •�, BE RELOIED ' - �� ` EX 1NE \` ■ •.: 1 ' �� I P NV� cn ADJUST COSTING �� IRRI AS NECESSARY -.- K-5117 E70S1110 NEW 2 1/Y CAL _ _ - �., -�9PAC9(�10 OEAIE TREE(TO BATCH ill =PACT SPACES(4) - - EXISTING) - z I O 0 CASTING sn]RMWAIER I U j M :,..: RI 5-ALE I TRASH �7 o�1) Wililtli o 14 =K F n ..„:„.;.::.,....,..:: ,.,VT"..--.• ,..>.:.••••••IA I'T...2.-2..1"...•22.:2,4'2.-..T....•2:•..;•...-•::.•-i'.••:1-'-..•_,.•i. 22;•••••i.ITT..: •L•''. •.-2 ••••-•1--- E I )' MI BICYCLE RAM I A (4!ACES) -H D lifi._,, olI II E16 WIF PAINS DOTING STOMY/ATEA SAME 1 •xn PAI�1 SUIPAQ PtoNEEE C RP oAoAA l - ` . RaGAa EWS31s N G MEOW I� � � ' COSTING STCPWWA1ER PRE DEMO TEE ' j SWAIF As NECESSARY COSTING 6-FOOT COSRNG MATURE I EAF HIGH CHANLINK 79GAEFn TREES PLANTING LEGEND FENCE NTH SLATS NEW 6-FT.Hai WOOD FENCE NM 5-FOOT WOE GALE SYMBOL BOTANICAL CCMMCN WMTS SIZE COMMENTS SITE CALCULATIONS )x/STING PRn2•0 Amr IuMAm'Red Sunegg 2 5'Cal Sterderc unilam . TOTAL SFrE AREA 57pu SF Red set MAY,Ie REO 1AYOSCAPE AREA 9,557 SF(15%1 4 1 Carpe,s belul a EaYgoS' Euopeal Hornbeam 2 r CA Stendarc drilorm a<pae a re AlC6GPE AREA 11.E SF(N.%1 9,9515E(175%) PMWNG SPACES 65 SPACES 73 SPACES (1[31 ACCESSIBLE 3 3 Runa.eml en Kwavan' 2'/2'CA Stmtam milam appearance ACCESSIBL 29 26 Kwar�Deny f.OMPACT 15 44 O T5uja omdmmlie 5narOgd' 7-n Fnered MbonrAe NORTH GATE. 3/1/11 • inns SCROLLS FERRY Revamp ED MURPHY&Assoc *d Land Use Planning and Development Services IMPROVEMENTS PLAN COMMERCIAL CENTER PAGE NO 9875 SW Murdock Street,Tigard Oregon 97224 NOT TO SCALE 12744 SW North Dakota Street 1 OF 1 phone:503.624,4625 fax:503.968.1674 Tigard,OR 97008 PROJECT NO SF C001 REVISION 4 a 1 1:;- RECEIVED 021 li g 1 #4 APR 1 2 2011 o SITE CALCULATIONS X J h . EXISTING PROPaeEO CITY OF TIGARD s 3 i I • TOTAL SITE AREA 57,044 PLANNING/ENGINEERING 4 H 0\_\ REG LANDSCAPE AREA 9557 SF(15%) SCLANDSCAPE AREA 11.909 SF(20 TY) 9.994 SF(175%) S NEW STREET TREE TO PARKING SPACES. 65 SPACES 73 SPACES NA1DI DIEM ACCESSDLE-. 3 3 /%/ STA DARD, 29 28 DL=NY POLE J COMPACT 33 44 1611.1 �� u EK'TREE(TR.) tJ X11 0 J aD �S j� Q J CL J _ PLANING LEGEND O O NEW 0101) rocs QM 16A104�ENS AIG m SYMBOL BOTANICAL/COMMCN NAMES SIZE COMMENTS V V __ wT�X W EX uaTNG o CO Ce TREE TO YATO4 EX .4 RETroYE EASnNG RE-$TRIPE M M9 «: /,NIEIeDIt TIFF$ � aA+s $PAQS AS 9NOM ., _►' MXe MRIIII{(9d SUne9r 25'Cd. SNlldard IRIIfOrin aQP9Bf811CA 5 W 1 NEW I PERMOUS AREA NEr CURB t4,' •�- I S1K1eN e ` Z REPLAQ EASTNG E910E [ , NEW 2 1/Y CAL O Cap rus Eee11De'Fas6pate 2 12'Cd. Standard u done apQGgBnce 0 NTH DouaE-MED 8000 , NE`I COMPACT o �, --TREES TO MATCH European /1 < 0 FENCE OF SATE WOO ' f SPACES(e) EleSnNG(s) I. V a. m 22.3e' cosmic TREES 41i C) Prunus mull.KwaOar 2 12'C . Standard ur(orn appearance } p PTEWOUST-ROaym TREE % - .. —� i,- , Kwaven Cherry N t (MITIGATION T TIE(R.) 0 Vint: W O Ex REE(Tw.) �' '. '1' O TAupocddssYa Srrmarapd 7-8 ce Z ARBORVITAE 6 ' 1 II III Emerald Gnan M onto@ L V 1 1 NEW TREES m RATER ` — 1 , r i .•I' J IL 4 EC BUTTER TREES(2) 1'� 11.19,/ I III •I,I. V II MULL E ST Doff I 4:i' i IEErOYFD •; d A/60NUE5 m , ,, O'� 0 FIXTURES(a) wow Dame(2) ( . -- Ex uruTY BOX \`\ X B ; I MP` .0 CO I EX.TREE J O AOAlSI corm / �� O05 .��I,- ��=•, •-O C E E PER Tom.IMIAS NE SKARN � I 14,*._ RE-STRIPE F70 OE --— —-. NEW 2 1/x'CAL PRECAST 0314 AS NN SYSTEM l PACES(3)1D OEM REF(TO WATCH PRECAST COINxEIE PAYERS l 0$ COMPACT SPACES(4) MING) z OWL 2 3/9"SAM) s9.sGS N 0 WONG COURSE,1-1/2 TR Y-EzsnNC sTORN111ATER " . 1,i_._i`il_611 Ai La as SWAIE l I I I O .r I I I 1 I I I f , ;i f k, -r .:.--t. 2 16 40.9 AGtlEGA1E) TRASH n� tV,r•�•,•r LN: •�62' COIPACICD AGGREGATE BASE II=I.i '�%,� . 2 m a'T1wo 1 I \ /I-===---1 4 r t r=ii n" °- = n _ EXISTING Sal Z y T1 ...1, NEW BICYCLE RACK 0 POROUS PAVER INSTALLATION CO > I— Z 4 } III --; ` N yl 2 II' tL I, I 13.OOIC mos , > EXSTIN1 5TORYWATER I I IEw TOMS R A RECAST rEW P5069(55 OWNS _ PRECAST PAYER I� .�_.•�..I. CITY °�Eli REl10YE EXISiR1G OF TIGARD a y ---- — : , ,�E.Roo 5 Approved 2 -. r,�� •_ -T�. • Conditionally Approved ��((y�� 7 •e A PC l oslac slasreaw MUM more,REF 1�j , I� i' ' For Only the WOrI( •S de- rl. : E n• ° 9.9E AS 1 In DIMING NATURE PERMIT NO. C 0. I! -II i/ l t/;i - ,//, E 6-FOOT TREES C„PW See Letter to: Follow FENCE WITH SLATS Le R„O�` I SRI SOT RICE GATE Attach.. .... Jot Addr i/ - , , -- li_--(_- By: �_ Date: F "/ MOM ED NORIN Site Plan is created from data and measurements supplied by property owner.Al ME1Q information subject to field verification. Verify all limits of work with physical end legal 1 of 1 limitations in field. This drawing is for landscape purposes only. User is responsible for verifying accuracy of all information provided herein. 14101.7.0 SF0001 AFFIDAVIT OF POSTING NOTICE �- OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: SDR2011-00001/VAR2011-00003 Land Use File Name: SCHOLLS COMMERCIAL CENTER I, Hap Watkins, Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (st to the approxima e ,llooc 'on(s) IF ad ess(s) a /or tax lot(s) currently registered) / 7 ��2/ `). and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general _ L vicinity of th 4 Aft cted territory, copy of aid notice being hereto attached and by reference made a part hereof, on the - 1 a Y of 2011. hippiia4 Signature of Person l Performed Posting h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc - SCHOLLS COMMERCIAL CENTER- SITE DEVELOPMENT REVIEW (SDR) 2011-00001/ PARKING ADJUSTMENT (VAR) 2011-00003 REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60% compact parking. LOCATION: 12700, 12730 & 12744 SW North Dakota Street; Washington County Tax Map 1S133AD, Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial (C-P\ ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows, are permitted conditionally. And C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at 9 minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in conjunctio_ with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765, and 18.790. Further information may be obtained from the Planning Division (staff contact: Hap Watkins, Assistant Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to hap @tigard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION 114 I la SITE DEVELOPMENT REVIEW ► ► ( 1: 1 ) DATE OF NOTICE: March 16,2011 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2011-00001 (Type II Land Use Application) PARKING ADJUSTMENT (VAR) 2011-00003 FILE NAME: SCHOLLS COMMERCIAL CENTER OWNER 1: Pacific Crest Partners Scholls LLC APPLICANT: Ed Murphy&Associates 1430 Eastside Road 9875 SW Murdock Street Hood River,OR 97031 Tigard,OR 97224 OWNER 2: Keith Nicol 6435 SW Scholls Ferry Road Portland,OR 97223 REQUEST: The applicant is requesting Site Development Review approval to add 8 parking spaces and for a Variance to allow 60%compact parking. LOCATION: 12700, 12730&12744 SW North Dakota Street;Washington County Tax Map 1S133AD,Tax Lots 16000, 16100 and 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial (C-N) and Professional/Administrative Commercial(C-P). ZONES: C-N: Neighborhood Commercial District. The C-N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently,i.e.,at least weekly;for which comparison buying is not required;and which can be sustained in a limited trade area. Such uses include convenience markets,personal services and repair shops. A limited number of other uses,including but not limited to restaurants, gas stations, medical centers, religious institutions, transit-related park-and-ride lots and facilities with drive-up windows,are permitted conditionally. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District,residential uses at a minimum density of 32 units/net acre,i.e., equivalent to the R-40 zoning district,are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more- intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.765,and 18.790. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MARCH 30. 2011. All comments should be directed to Hap Watkins.Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard,Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503.639.4171 or by e-mail to hap( itigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIt ES RECEIVING COMMENTS AND VII IDES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR APRIL 28, 2011. IF YOU PROVIDE COMMENTS, YOU WILL BE MAILED A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'1"1'EN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES,THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMI I"1'ED WRI LIEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application,written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." nom VICINITY MAP .172 V.5 e _ ';. wu•.. . w 111.1,N At date MVP/ a V .l9A p ry Subject Site tEV r.:: .1 r 14 �a i t ° � ir! : .r,r talip tai eU ■ ' 019C-far--4 • :.:.:::r 1 3 alert • calm • mei /aft 11:1- 0.04 titriF i et IN TIUARD March 31, 2011 City of Tigard Ed Murphy&Associates 9875 SW Murdock Street Tigard, OR 97224 RE: SDR2011-00001,VAR2011-00003 12700 SW North Dakota Street Dear Mr. Murphy, I am beginning the draft of the Site Development Review and the detailed plan review for the above project and there are some items I would like you to address on a revised site plan: 1) The 2 '/z inch mitigation tree at the south end of the parking in front of the bank is actually a development required tree from 1994 that was to be maintained or replaced. The development tree must be replaced with a 2 inch caliper tree at 4 feet above grade. Please choose another location for the third 2 '/z inch tree to mitigate the loss of the maple. The other two locations are acceptable. (I recommend putting it in the center landscape island) 2) Two previous plans indicate there was a 7 inch minimum tree lost in the area that was developed recently for five parking spaces. This tree will require the placement of three 2 '/z inch mitigation trees. (I recommend two additional street trees on the east boundary and another in the center landscape island.) 3) The new ADA parking space on the plans is optional. For a parking lot with 51-75 spaces only three ADA spaces are required, one of which must be van accessible. I would also like you to provide an addendum to the narrative that explains in a more specific, measurable manner how the alternative landscape plan is equivalent to the C-3 buffer and screening standard. It should show both light density and sound attenuation comparisons, effectiveness at 6 feet above the parking level, the source and intensity of noise and glare, and time to maturity or 100% of its effectiveness. All calculations should be from those materials on the subject property. Please call me with any questions at 503-718-20-440 or e-mail hap( tigard-or.gov. Re rds, tel....„3 Darrel"Hap"Watkins Assistant Planner CC: SDR2011-00001 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov •• ED MURPHY & ASSOCIATES ♦ RECEIVED TRANSMITTAL MEMO MAY 1 7 2011 CITY OF TIGARD Date: May 15, 2011 PLANNING/ENGINEERING To: Hap Watkins Firm: City of Tigard From: Ed Murphy Phone No.: 503-624-4625 Subject: Final Site Plan and Tree Plan, Scholls Ferry Commercial Center Case No. SDR201100001 and VAR2011-00003 Message: Hap: Enclosed please find copies of our Final Site Development Plan, revised to address the conditions of approval, and a tree plan. The revised site improvements plan and the tree plan show the following, in accordance with the conditions of approval 1-6: • Six new parking spaces along the west side of the site, instead of eight, for a total of 71 off-street parking spaces; • Five new bicycle parking spaces, instead of four; • One street tree on SW Scholls Ferry Road and one on SW North Dakota Street, six mitigation trees (we added one more mitigation tree just north of the bank building), eight evergreen hedge plantings, and one replacement tree); / • A 6'-high, 95'-long wooden wall along the west property line; 4 /44„p_I /n{ 4441.4 4 • All the lights on the west side of the project shielded, i.e., 6 lights shielded instead of four; • All trees to be preserved, removed or replaced, all mitigation trees (two trees removed and mitigated with six new trees), and tree protection specifications. We will provide you with copies of the agreements on joint use of the access drive and parking spaces, as per condition #2, as well as a construction vehicle access and parking plan, as per condition #12, soon. Conditions #7-11 are being completed separately. Ed Murphy cc. Dan Boyden, Pacific Coast Partners Scholls LLC Keith Nichol 9875 SW Murdock Street,Tigard,Oregon 97224 it - _ :, s iv SITE CALCULATIONS '�"r : " a �� � RO EAISTaaG PROPOSED w ^�9 S TOTAL SITE AREA 57,ou SF .±♦ 3 �I O REQ.LANDSCAPE AREA 8,551 SF{15%) S•\^I S( - LANDSCAPE AREA 11,808 SF(20.1%) 18172 SF(18.8%) Vv NEW 2-1/2 INCH PARKING SPACES: 85 SPACES 11 SPACES �/ CAL STREET TREE ACCESSIBLE: 2 9 2 ce IX UTDTY PIXE _�... COMPACT: W Ex.WEE(TM) � Z J W J `°o _ _- PLANTING LEGEND J rn _rE1r T-OAL EYONiEFN j NEW FLyE ro SYMBOL BOTANICAL I COMMON NAMES SIZE COMMENTS < O ce ce 1 AM` 000 INIpAA0E1 TREE - sra loud a: a1 s NEW 2-1/2 ! �. 7 j `/�'/ CL WIIOATON 11EE . SA S As 910IW ` _� , Ce ~ , 6i O Acar rSunse Tied Sunset' 2.5'Cal. Standard uniform appearance f� J NEW IYPERNOUS AEA 1 , �_RENOIR CASTING ` •J •Cb3atB Red Sunset Maple H Wr`T-n imp Awl/ REPLACE EASING MICE CURB € I ' 1 �l T/ NEW COMPACT - , /� ' 2 1(1'�. Standard uniform appearance O bF we , (e�,*y '« / SPACES(e) d ���A__ I European Hornbeam Match existing-verily spades U Q 4 PREVIOUSLY-REMOVED TREE �Et . .38—~ •.• (TREE , B� Specimen } 0 LOCATION OF lit ■ EIOSTYNG TIFF 'tI!/,(�, (l TD (MITIGATION TREE F) ■ . I -_ Magnolia ndMora Little Gem' 7 Gal. S EX TREE(TIRE.) a, It F \,,a= y/1! Dwarf SoutMm Magnolia re L/� ' LI EwsTINC s-1Y EFeI I'� (♦ �'�1:• 1/1(`/�-'y�\�/\Pnmus sernic4.'Kwanzeri 2 12'Cal. Standard uniform appearance Ce W o re Z �S/ter//` �17� ARBOANTAE NEDQ � i +r++' 23.50' -■ AL / K•KdnIH'1 ChBRy W '`I VY►f, �"-�"VVV / �.• 1 U r NEW 2-I/2 —I. `al/ Thu)e ocadentalis'Smaragd 7-P Match existing•verify species V(„) CO NEW 2-1 1 INCH L.. 4 r1_ _ �s CAL TREES(2) 1,1 11.18' / I .. INCH CAI. �I' Emerald Green Arborvitae'/ �`(� ^ INSTALL SHIMS I.' NIUUST(0+1)i .,I. U• NEW ARBORNTAES(6) "44 NT M S(A) TI ' ,�,�! --- O' O .„r R- IO MATCH EXISTING ,q 1 .... ���```\\ e EXISTING GATE To q� . IX UR11Y 908 e�.\\\\\\\ ■ II OE car RENIONED 11� ELL . -►71��� p�p`;� A-.: gin) ____ MN.LEN EQUAL TO THICKNESS /r�/(r�� f(�' + NEW 2-I/1 INCH CAS SPECIFICATION / Iiii1 NEW 2-1 2 I TREE.. - _ Z (YIN.2-]/e'near) alit O -- .. _ O N0.a AGGREGATE IN eas,alG S10RYMTFR .;• Mr,.'q BFOS OINNGG COURSE,1-1/2 Tn 2' SWAB ~LJ © En —T 1 ' Pa'Ai _—. TICK(NO.B A GGREGATE),,11.f11=11=1 � 71 COMPACTED AGGREGATE B ASE II I • 1'TO K'THICK}�R Ia r.,_ 1 I rim 1 r__ • . .O Y E • 7 D —E%SNAG SOL Z ON S1 WIT At QQQ mums `\ '� NEW BICYCLE RAO POROUS PAVER INSTALLATION 1/61i I (s SPACES) • 'kil UI Z ° -I W o 1I. � REVISION C CV G 11 Ex.CONC.PAVING l._ W O051a1G STOMATA= .1 I NEW PERNOUS PRECAST TELL OU SWNE PAVER SURFACE NEW PERK 5 1 \ rR+ .. • W� N� / •� SURFACE PAVLR 0 IIII ......---■"'"'"..........."--. E ENED B C�� .••••• .: :a: #I I.:4 "'I ... ..a... II1110VE DOSING F \ / I' .....� T.. ;rz;;r LFFM:3:::a:d:)r B�:rs: 'rr-..1 TWEE a ROOTS o �� .'�w .r, APPROVAL MAY 11 2011 EXISTING II-FOOT MENG MANE ' �'� •E.2(, y 1slos MICE '..INel1N]ODFOUL C Of T1GAf PL-P1414 ciT`! OF TIGARO NV 5-FOOT TAX SATE ���d _ PLANPitl`:r( �GiEE�t Bar copy REV 5/121117, FILE ED NORTH Site Plan Is created from data and measurements supplied by property owner. All PAEIIO: Information subject to field verification. Verify all limits of work with physical and legal 1 of 1 limitations in field. User is responsible for verifying accuracy of all information provided herein. CTIK6. SFC001 • v rem D TREE PROTECTION: y I e I. PROVIDE TEMPORARY FENCING,BARRICADES,AND GUARDS AS SPECIFIED IN ARBORISTS J t c TREE REPORT/TREE PLAN AND/OR GOVERNING AGENCY REQUIREMENTS,PRIOR TO 9 sg RD COMMENCEMENT OF CONSTRUCTION TO PROTECT EXISTING TREES WHICH ARE TO W 3 S r-EBB' REMAIN,FROM DAMAGE ABOVE AND BELOW GRADE. .�. t �` 2. PROTECT EXISTING TREE ROOT SYSTEMS FROM FLOODING,EROSION,OR EXCESSIVE S W SCHO�"L WETTING RESULTING FROM DEWATERING OPERATIONS AND COMPACTION. DO NOT STORE J �. CONSTRUCTION MATERIALS OR PERMIT VEHICLES TO DRIVE OR PARK WITHIN DRIPUNE NEW 2-�/z iNO/ l� OR TREE PROTECTION AREA OF ANY TREE/TREE GROUPS TO REMAIN. PROTECT ALL CAL Si-1/2 INCH PLANT GROWTH,INCLUDING ROOT SYSTEMS OF TREES,FROM THE DUMPING CF REFUSE OR CHEMICALLY INJURIOUS MATERIALS CR LIQUIDS,AND CONTINUAL PUDDUNG OF Ce Ex unutt P0-I RUNNING WATER. PROTECT AGAINST UNAUTHORIZED CUTTING,BREAKING,BRUISING OR SKINNING OF ROOTS,BRANCHES AND BARK. NO GRADING SHALL OCCUR WITHIN TREE w ���� , PROTECTION ZONES AND DRIPUNES OF TREES FIRES SHALL NOT BE PERMITTED ON F— Ex TREE(TM) SITE. Z V poillk , 3. MAINTAIN TREE PROTECTION MEASURES THROUGHOUT THE CONSTRUCTION PERICO. IMMEDIATELY REPAIR ANY ALTERATION TO PROTECTION MEASURES BY CONSTRUCTION W J co o PROCESS. COMMENCE ALTERATIONS TO PROTECTION MEASURES IMMEDIATELY UPON 0 O CAI DIRECTION OF ARBORIST OR OWNER'S REPRESENTATIVE. MONITOR MAINTENANCE J 02 "--�i / \ MEASURES ON A DAILY BASS. J J ce NEW 7-GAL EVERGREEN 4. WHERE PRUNING APPEARS NECESSARY,RENEW CONDITIONS YATH ARBORIST OR 0 O WTIW I.TEE —� _� �� OWNER'S REPRESENTATIVE BEFORE PROCEEDING AND COMPLY WITH HS/HER DIRECTIVES. U = NEW 2-t/2 iNpl ALL TREE PRUNING OR ROOT CUTTING SHALL BE PERFORMED WITH STERILE SHARP 0 .2 NEW 2-I/2 INN CAL 5 TREE PRUNING INSTRUMENTS; DO NOT BREAK,CHOP OR TEAR. ALL R0075 2 INCHES IN cu.WncAnaa TREE ��� �} DIAMETER OR GREATER THAT REQUIRE PRUNING,SHALL BE DONE BY AN ARBORIST. W N I NO PRUNING SHALLOCCUR WI HOUT THE EXPLICIT APPROVAL OF 1TiE ARBORIST OR C i - ♦ _ ��� OWNER'S REPRESENTATIVE. L W�I 1 a= Z rr I ' 1�! ' i O l&IRI v a PRENOUSLY-REM THE f%9 3 I — 'I, a :PI% oenwnw m1E n) ll IIt •�_, �' �� �/� ' z �(.(Iy/� AR�RNTAE HEDGE L1� NER 2-1/2 RN) �+ NEW p_In --RI 0 co TREES(2) 16. ) 1 MATCH EIOSTWG(2) I 4 lei__ IN a IllizQ 0310, 1� 111!V • �I� _ I/ cUn LI 6-11.0.11 Iliwv '11 NEW 2-I/2 INCH CAL P REPLACEMENT TREE Z O DO oaSTNC sroalarm % SWALE/11 t A. ., loirr,.-------, . , sr i 41., �� � � REVISION o o Z � Q LJJ V N ILI [I DL WIC.PAWS r (SIDING Sipd1GTE11 •I�I I� - _- - --- nn RECEIVED W O Et •- L,.0 S-.--- g r - JIX ., (MWOAnON REE„) 7 2011 ° .- .. °°: .Otin !r/ al% MIX _ MAY 1 Z �� •ail PIN AL AP, VistON CITY OF TIGARD • Draw 13-ran ITN 111711 5 •�P^ CITY OF 11GAt-*D PLC PLANNINGIPNGI�IEERING..1\ rq r o 1r.,..4 DATE — flEE COP Y WAIL 5/12J11� BY T NORIN Site Plan is created from data and measurements supplied by property owner. All MOE. information subject to field verification. Verify all limits of work with physical and legal 1 of 1 limitations in field. User is responsible for verifying accuracy of all Information provided herein.Kt SFC001 Patty Lunsford From: ED MURPHY <murphyed @frontier.com> Sent: Tuesday, September 20, 2011 11:38 AM To: Hap Watkins Cc: Patty Lunsford; Susan Hartnett Subject: SDR2011-00001 Hi Hap. Here is an update of the progress on improvements to this commercial center: The improvements to the central parking lot it done. The improvements to the parking lot west of the bank is currently being re-done. The landscaping is done, except for the landscaping of the water quality facilities; that work will start tomorrow. The lights on the bank building and the vets clinic building are shielded. The "wall" along the west property line, west of the bank, has been built. The bike rack will be installed soon. So, most everything is done, or will be finished by the end of September. First Question: The fence and pavers behind the building have not been completed. The owner, Dan Boyden, is wondering if he really has to install the fence and the pavers. He is trying to keep the costs down, is thinking he could not complete these improvements, at least for the time being. He sees these improvements as optional; they were only intended for the convenience of the tenants, and the tenants could still roll their recycling bins out to the street. The fence and pavers are shown on the site plan(see attached), but not specifically required as conditions of approval. Further, I don't think either would be required by the Development Code. So, could the owner choose not to install the fence and the pavers? Second Question: If you decide that he is required to install the pavers, could he make the paved area narrower, and/or shorter, or does he have to install it exactly to the dimensions indicated on the approved plans? Since you are on vacation, I am copying this to Susan and to Patty, since we would like to get some direction as soon as possible. Thanks Hap. Ed Murphy ED MURPHY 503-624-4625 business phone 503-314-0677 cell phone 5 \ka5 A.)(\ a‘\/1,`"\\ Pikcit k` Ct 5 7P\