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SDR2004-00001 SDR2004 - 00001 MASSIH OFFICE BUILDING NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2004-00001 CITY Of TIGARD MASSIH OFFICE BUILDING Community Development Shaping f`t(Better Community 120 DAYS = 6/29/200 SECTION I. APPLICATION SUMMARY FILE NAME: MASSIH OFFICE BUILDING CASE NO.: Site Development Review (SDR) SDR2004-00001 PROPOSAL: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. OWNER: Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway PO Box 108 Beaverton, OR 97075 APPLICANT: Welkin Engineering Attn: Ed Christensen, P.E. 8000 SW Pfaffle Street Portland, OR 97223 LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Hwy; WCTM 2S102CB, Tax Lots 2800 & 2900 ZONE: C-G: General Commercial. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 1 OF 30 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1. Prior to issuance of a site/building permit, the applicant shall provide evidence that the three tax lots have been consolida ed. 2. Prior to issuance of a site/building permit, submit a revised site plan that indicates the required buffer landscaping along the southern property boundary, including trees spaced between 15 and 30 feet apart, shrubs, and groundcover. 3. Prior to issuance of a site/building ermit, the applicant shall submit revised site plans that show one (1) of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to ADA parking. 4. Prior to issuance of a site/building permits, the applicant shall submit a revised site plan that shows five (5) bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. 5. The applicant shall submit a revised site plan that indicates a feasible arking lot connection to the adjacent parcel to the east (WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed al this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. 6. Prior to issuance of a site/building permit, submit detailed plans that shows that all service facilities including air conditioning units, HVAC, and gas meters, screened from public view. Additionally, the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). 7. Prior to issuance of building permits, the applicant shall submit building elevations that include windows that face the interior parking area. 8. Prior to issuance of a site/building permit submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. 9. Prior to issuance of a site/building permit, submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 10. Prior to issuance of site/building permits, the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report, and label each as to its size, species, and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention, a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). The applicant shall install protection measures at the driplines around trees to remain prior to conducting any site work including demolition of structures. Should trees not be protected at this stage, the City will assume that these trees are being removed, and mitigation will be calculated on this basis, regardless of whether trees are preserved on the site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed and approved by the City Forester. At time of final building inspection, an inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree(s) will remain viable. Should work occur on site in violation of the tree protection plan, the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include, but is not limited to, the penalties outlined in Tigard Development Code (TDC) Section 18.790.060. The construction documents shall include a notation to that effect. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 2 OF 30 11. Prior to issuance of building permits, the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site, less the trees deemed hazardous, that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030 (B). Mitigation may consist of trees planted on site (to be shown on the landscape plan and clearly identified as mitigation trees), off-site (subject to property owner and city approval), or a payment in-lieu of planting (currently assessed at $125 per caliper inch). If planting, the applicant shall submit a bond or cash deposit for the value of the mitigation (assessed at $125 per caliper inch) prior to issuance of site/building permits to be refunded upon final building inspection and satisfactorily planting the required trees. If paying the fee in-lieu, such payment shall be made prior to issuance of site/building permits. Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030 (B), in addition to any remediation measures, as necessary. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 12. Prior to issuance of a site ermit, a Public Facility Improvement (PFI) permit is required for this project to cover half street improvements and any other work in the public right-of- way (ROW). Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tigard.or.us). 13. 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 Engineering Department will delay processing of project documents. 14. Prior to issuance of the site permit, the applicant shall submit a suite layout map to Shirley Treat, Engineering Department. If the applicant is not sure how many suites will be used, they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat, Engineering). 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron Of applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner, as approved by the Engineering Department. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 3 OF 30 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk, curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s) with curb and sidewalk. 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 18. A profile of SW Frewing Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00- 7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 20. Prior to issuance of the Site Permit, the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 21. Prior to issuance of the Site permit, the applicant shall pay $865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement (PFI) permit plans. The location and capacity of existing, proposed, and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 24. Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 25. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 4 OF 30 27. Prior to issuance of the building permit, additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of Pacific Highway (99) to increase the right-of-way to provide for 52 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Rick Reeves, Oregon Department of Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: Submit to the Planning Division Morgan Tracy, 639--4171, ext. 242fl f � r review and approval: 28. Prior to final building inspection, the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. 29. Prior to final building inspection, the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 30. Prior to final building inspection, the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 31. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 32. Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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). 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior to final building inspection. 34. 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, 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. Staff Contact: Hap Watkins, Building Division. 35. 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, for the proposed onsite storm water treatment facility. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 5 OF 30 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 properties and found no other land use cases that affect redevelopment of the property. Vicinity Information: The subject site is located at the northeast corner of the intersection of SW Frewing and SW Pacific Highway. The property is zoned C-G with properties to the north, south and west also zoned C-G. The abutting property to the south is zoned high density residential (R-12) and is developed with multi-family units. Site Information and Proposal Description: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No letters or comments were received from nearby property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 Commercial Zoning Districts B. Applicable Development Code 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 C. Specific SDR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Decision Making Procedures 18.390 Impact Study SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS 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-G: General Commercial zoning district. The proposed use, general office space, is outright permitted in the zone. The present use of the site is three non-conforming residential dwellings which will be demolished. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 6 OF 30 Development Standards: Section 18.520.040.B States that development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-G Proposed Minimum Lot Size None 22,564 s.f. - Detached unit - -Boarding, lodging, rooming house Minimum Lot Width 50' 116 ft. Minimum Setbacks - Front yard 0' 0' [1] -Side facing street on corner& through lots 0' 1' -Side yard 0' - -Side or rear yard abutting more restrictive zoning district 20'- 60' - Rear yard 0 ft 5' - Distance between front of garage & property line abutting a public - - or private street. Maximum Height 45 ft <45 ft. Maximum Site Coverage 85% 80.1% Minimum Landscape Requirement 15% 19.9% [1]For purposes of this review,SW Frewing Street is considered the fronting street. As demonstrated in the table above, the proposal complies with the underlying zone development standards. However this is contingent on the three parcels being consolidated. Such consolidation will need to occur prior to building permit issuance. FINDING: Based on the analysis above, the underlying zone's development criteria have been satisfied, provided the three subject parcels are consolidated. CONDITION: Prior to issuance of a building permit, the applicant shall provide evidence that the three tax lots have been consolidated. B. APPLICABLE DEVELOPMENT CODE STANDARDS Access, Egress and Circulation (18.705): 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; On-site pedestrian walkways are proposed between the building entrances and the streets that provide access and egress, as well as to the parking lot. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; No walkways cross parking areas. The walkways are approximately 5.5 feet in width, in compliance with this standard. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 7 OF 30 Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plan depicts concrete sidewalks and walkways, which meets the standard. The final construction documents will also need to show walkways with hard surfaced materials. 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. The applicant has stated that the visual clearance areas will be met. The applicant's engineer has also provided sight distance certification. This criterion is met. 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 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. The site access will be located 160 feet from the edge of SW Pacific Highway. This standard is met. 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. SW Frewing is classified as a Neighborhood Route. Therefore, this standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 rovides the minimum access requirements for commercial and industrial uses: Table 18.705.3 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 development has one point of access into the parking lot that provides a minimum of 24 feet of pavement. Therefore, this standard is met. 18.705.030.L. states that the Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 8 OF 30 To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; The applicant has fulfilled the first criterion by proposing that the access be located on SW Frewing Street, to lessen the impact on SW Pacific Highway. However, with respect to the second and third criterion, in order to further consolidate access and to eliminate the need to use public streets for movement between commercially zoned properties, the applicant will need to design the parking area so that it is feasible to connect to the adjacent property at the time that property redevelops. This code section provides for connection between commercial properties to keep vehicles off public streets, not to encourage use of other streets and through movements. Such future redevelopment will need to take into account the possibility of cut through traffic and will need to be so designed that such cut-through potential is minimized. Also, it is quite possible that ODOT will require the access to SW Pacific Highway be closed upon redevelopment of that parcel. It is therefore imperative that provisions for future access be made at this time. This standard also speaks to the necessity for pedestrian and bicycle access between neighboring properties. With proper design of the parking area, pedestrians and bicycles in addition to vehicles will be able to access the adjacent parcel. FINDING: The access requirements have not been met. CONDITION:The applicant shall submit a revised site plan that indicates a feasible parking connection to the adjacent parcel to the east (WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed at this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. 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. 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 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 (340-21-0'15 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. NOTICE OF TYPE fl DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 9 OF 30 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. This is an office use, which is permitted outright within the C-G zone, and is one of the lesser impacting type uses with regard to the above environmental standards. The applicant has not indicated that the above standards will be met; however, based on the provision of adequate trash and recycling area, and the fact that the proposed use is not likely to generate noise, visible emissions, odors, glare and heat, or harbor insects and rodents, this standard is satisfied. Ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: The Environmental Performance Standards are met. 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 18.745.040.0 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 landscape plan that shows 9 street trees (Pacific Sunset Maple) along both the Pacific Highway and Frewing Street frontages. There is no apparent specification as to the size or variety of street tree. Moreover, the applicant proposes removal of a 29-inch spruce tree at the corner of Frewing and Pacific Highway. It appears that this tree may be preserved and utilized with slight modifications to the sidewalk. Staff encourages the applicant to pursue preserving this tree. Buffering and Screening: Section 18.745.080 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a street. No buffer is required between a proposed office use and existing office use. Buffering and/or screening are required for dissimilar uses. To the north and west are street rights of way, and thus, no buffer or screening is required. To the east is an existing commercial business. Similar uses do not require bufferinc or screening. The property to the south is zoned for and utilized as multi-family housing. THis requires a buffer level of "C". A "C" level buffer consists of between 6 and 10 feet of groundcover, shrubs, trees and some form of screening, either a hedge, fence or wall. The applicant has proposed a 6 foot CMU wall with 10 feet of buffer area, but has not shown the required landscaping within this buffer area (i.e. groundcover, shrubs and trees). 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. The parking lot is located behind the building and lies at a lower elevation, so that it will be well screened from SW Pacific Highway and SW Frewing Street. The proposed parking area contains 31 spaces, and therefore 5 trees are required. The parking area contains 6 trees. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 10 OF 30 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 inadequate information provided in the plans to establish whether this standard is met. Therefore, the applicant will be required to submit detailed plans for Planning Division review prior to issuance of a building permit that shows all service areas including air conditioners and gas meters screened from view. 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 site plan submitted shows a trash enclosure, but does not clearly indicate what type and how tall the enclosure will be. A solid wood fence or masonry wall between five and eight feet in height is required. The applicant's revised plan will need to identify the material and height of the enclosure. FINDING: Based on the analysis above, the landscaping and screening standards have not been fully met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: • Submit a revised site plan that indicates the required buffer landscaping along the southern property boundary, including trees spaced between 15 and 30 feet apart, shrubs, and groundcover. • Submit detailed plans that shows that all service facilities including air conditioning units, HVAC, and gas meters, screened from public view. Additionally, the plans shall identify the material and height of the trash enclosure that meets the requirements of 18.745.050(E)(4). 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 not submitted written sign off from the waste hauler (Pride Disposal). This will be a required condition of approval. 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 areas shall not be located within a NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 11 OF 30 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. The refuse container is accessed from the parking lot and is visible in order to enhance security for users. The proposed refuse container will not occupy any required parking stalls and screening has been conditioned to conform to Tigard standards previously in this decision. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. The applicant has not submitted a detail of the trash enclosure or refuse container. FINDING: Because the applicant has not provided evidence of compliance with the Mixed Solid Waste and Recyclables Storage design standards, this standard has not been met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. Submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 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 lots associated with this project are directly adjacent to the proposed building, in compliance with this standard. 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 12 OF 30 subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application; therefore this standard is not applicable. 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 proposal is not considered a mixed-use project as it will contain solely office space; therefore this standard is not applicable. Visitor Parking in Multi-Family Residential Developments: Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This project does not involve a residential use. Therefore, this standard does not apply. Preferential Long-Term CarpoolNanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed parking associated with the office development will have 31 parking spaces. The applicant has not furnished information related to the relative number of long term versus short term parking, so staff must assume the total number of spaces may be utilized for long term parking. So, of the total 31 spaces being provided, 1 shall be marked as carpool and/or vanpool spaces for employees and located in accordance with this standard. A condition will be imposed to meet this standard. 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 applicant has indicated that there are 2 ADA handicap spaces provided. According to ORS 447.233, incorporated through reference to the Uniform Building Code (UBC), 2 spaces are required. Final determination of the number of required ADA spaces will be made by the building official during the review of the building permit application. As shown, the site plan appears to be in compliance with the ADA requirements. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 13 OF 30 This standard is not applicable. 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 proposed access drive is clearly marked, and the parking area provides ample room to facilitate a forward entrance onto the public street. 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. 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. 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. All of the parking spaces measure 18.5 by 8.5 feet exclusive of any bumper overhang. A curb surrounds the parking lot to protect the landscaped areas. 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. The applicant's plans dimension the parking spaces to show that all spaces will fully conform to standard sized spaces. Staff has scaled off from the site plans submitted to confirm that the proposed parking scheme is feasible. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 14 OF 30 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 site plan does not show an area for bicycle racks. This will be required to be shown on the final construction plans. 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 not provided a detail of the bike rack to be used; therefore, staff is unable to confirm that this standard is met. The applicant will need to provide a detail of the proposed bike rack with the building permit submittal. 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. According to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for an office use is 0.5 spaces per 1,000 gross square feet. Based on the proposed 9,881 square foot expansion, the proposed office will be required to add 5 bicycle rack spaces. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for Office Uses is 2.7 spaces per 1,000 gross square feet. For the proposed 9,881 square foot building, 27 spaces are required. The site lies within the Zone A parking area for purposes of calculating maximum number of parking spaces. The maximum allowed parking is 3.4 spaces per 1,000 g.s.f. or 33 spaces. The applicant has proposed 31 spaces in compliance with this standard. 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 15 OF 30 The building is not greater than 10,000 square feet, therefore, this standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully satisfied; however, if the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Prior to issuance of building permits, the applicant shall submit revised site plans that show 1 of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to ADA parking. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows 5 bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. Signs (18.780): Chapter 18.780.130.0 lists the type of allowable signs and sign area permitted in the C-G Zoning District. No specific signs have been proposed with the development application. Therefore all subsequent signage will be reviewed through a Type I process and will be subject to the code standards in effect at the time of application submittal. FINDING: Because tenant signs will be reviewed and approved as part of a separate permit process, this standard has been satisfied. Tree Removal 18.790): Section 18.79 .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. As required, the applicant submitted a tree plan prepared by Terry Flannigan, a certified arborist. According to the arborist's report, there are 12 trees on the site, of which 6 exceed 12 inches in diameter. Of these 6, 3 are considered hazardous and are not subject to mitigation requirements. The remaining 3 trees total 67 inches. Since all the trees are proposed for removal 100% of the caliper inches are required to be replanted. Staff notes that it appears that the spruce tree can be retained with slight modifications to the proposed sidewalk improvements. If the applicant opts for this choice, a tree protection plan prepared by a certified arborist will be required. If the applicant is able to retain this tree, then the mitigation requirements would be based on less than 75% of the trees being removed, which requires that only 2/3` of the removed inches be mitigated. Two-thirds of 38 caliper inches is 25 inches. The applicant has not addressed the criteria for the mitigation requirement, so staff must defer to the plans which show that 15 trees totaling 30 caliper inches will be planted. Staff assumes that the proposed trees are all 2-inch caliper (there are no specifications provided). Street trees do not qualify for mitigation. Therefore the 6 trees on site total 12 caliper inches. Depending on whether or not the spruce tree is retained, the applicant's mitigation plan is between 13 and 52 inches deficient. FINDING: The proposed mitigation plan is insufficient to meet this standard. Opportunities exist to preserve additional trees on site which will affect the proportion of mitigation required, but will also necessitate employing the skills of a certified arborist. With the following conditions, this standard can be met. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 16 OF 30 CONDITIONS: . Prior to any site work, the applicant shall install protection measures at the driplines around trees to remain. Should trees not be protected at this stage, the City will assume that these trees are being removed, and mitigation will be calculated on this basis, regardless of whether trees are preserved on site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed by the City Forester. . Prior to issuance of building permits, the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report, and label each as to its size, species, and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention, a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). A final inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree will remain viable. Should work occur on site in violation of the tree protection plan, the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include, but is not limited to, the penalties outlined in TDC Section 18.790.060. The construction documents shall include a notation to that effect. . Prior to final building inspection, the City Forester shall be contacted to conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. . Prior to issuance of building permits, the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site, less the trees deemed hazardous, that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030 (B). Mitigation may consist of trees planted on site (to be shown on the landscape plan and clearly identified as mitigation trees), off-site (sub'ect to property owner and city approval), or a payment in-lieu of planting currently assessed at $125 per caliper inch). Note that street trees do no qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030 (B), in addition to any remediation measures, as necessary. . Prior to final building inspection, the applicant shall provide evidence that all the required mitigation has been lanted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 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 applicant has indicated in the narrative and the site plan that a clear vision area will be maintained between 3 and 8 feet in height at the vehicular access of the property. FINDING: Based on the analysis above, the vision clearance standards have been met. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 17 OF 30 C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards 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 are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Multi Family Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 (Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 (Provision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The proposed building location will provide the greatest separation between the subject site and adjoining properties. While the applicant has proposed removing all the trees on site, the trees are of average to poor quality, with the exception of the spruce tree. Staff has recommended preserving this tree, but required street improvements may make this infeasible. Trees will be replaced as required by the landscaping standards of Chapter 18.745 and 18.630. 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. 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. The applicant has not provided elevation details or floor plans to illustrate where windows will be located. However, the areas most vulnerable to crime are in the interior of the property where the parking area is located, and along the southern edge of the building where low levels of traffic do not provide continual surveillance, as opposed to Pacific Highway. It is a reasonable assumption that windows will be provided out to the parking area, since this is where the primary entrance to the building would be. Nevertheless, to ensure that this standard is met, the applicant will be required to provide windows that face the interior of the property. Wall mounted light fixtures are proposed for the parking area, so this standard is met. FINDING: By imposing the following condition, this standard can be satisfied. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 18 OF 30 CONDITION: Prior to issuance of building permits, the applicant shall submit building elevations that include windows that face the interior parking area. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to an existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The subject site is adjacent to two Tri Met routes (#12 and #95). Tri Met reviewed the proposal and noted that "since current bus stops are located one block away from this property in each direction, are appropriately spaced, and are at marked crossings, we do not propose moving or installing a new stop at Frewing. With this in mind, our only request is that the property's frontage on both Frewing and 99W include accessible pedestrian facilities to allow a safe and convenient connection to the existinc bus stops, including a direct link from the office building to the public pedestrian facilities. lie plan provided to Tri-Met shows that appropriate facilities are included." Therefore no transit improvements are required for this site, apart from standard pedestrian improvements (i.e. sidewalks). FINDING: Based on the analysis above, this standard is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS 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. Section 18.630.100 references the street and accessway standards from the Recommended Roadway.Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan. These recommendations shall govern the improvement and construction of major streets within the Washington Square Regional Center. SW Pacific Highway The site is also adjacent to SW Pacific Highway, an ODOT facility, which is classified as a 5 lane arterial. Most of the improvements along the highway are adequate according to ODOT's response. The sidewalk and right-of-way width, however, do not meet City standards. The City's Transportation System Plan calls for 5-lane arterial right-of-way widths in commercial zones to be 104 feet. There is approximately 90 feet presently. An additional 7 feet of right-of- way dedication is necessary. Current City standard for an arterial includes a 5.5 foot planter strip, 10 foot sidewalk and 0.5 foot to ROW line. Because the predominant section of this street has curb tight sidewalks, staff recommends that the applicant provide a 10 foot wide, curb-tight sidewalk and dedicate the additional ROW tote public to provide for future improvements. SW Frewing Street This site lies adjacent to SW Frewing Street, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate 9 feet of ROW. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 19 OF 30 SW Frewing Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half street improvements, providing a minimum of 18 feet of paving from centerline. 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. The existing grade on Frewing Street is less than 5% and the improvements to the street will not alter this grade significantly. The applicant's shall submit a profile of Frewing Street that extends 300 feet beyond the project frontage to the southeast. 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. The applicant has indicated that sidewalks will be constructed along the Frewing Street frontage. There is an existing, curb-tight sidewalk along Pacific Highway. This sidewalk does not meet the City's current standards, which includes a 5.5 foot planter strip and 10 foot sidewalk. Because the sidewalk along Pacific Highway in this area is curb-tight, the applicant shall provide for a total of 10 foot of curb-tight sidewalk. 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 the Unified Sewerage Agency 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. The applicant's utility plan indicates that the existing public sewer is located under the proposed building foot print. The applicant has proposed to relocate the public sewer. The applicant's plan shall show a manhole installed at the northern connection, replacing the existing cleanout. The applicant's plan shall also provide for a 15 foot public utility easement over the length of the line onsite. Storm Drainage: General Provisions: Section 18.810.100.A states 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 the Unified Sewerage Agency in 2000 and including any future revisions or amendments). There are no upstream drainage areas. 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 20 OF 30 Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency 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. The applicant's engineer has submitted calculations that indicate that the net, new impervious surface area is less than 5000 square feet. Therefore, onsite detention is not required. 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. Both Pacific Highway and SW Frewing Street are classified as bicycle facilities. Pacific Highway already has bicycle striping, thereby meeting the criterion. The applicant shall provide for bicycle striping or pay the fee as outlined below. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The striping of the bike lane adjacent to this site should be delayed until more of the roadway is improved. The applicant should contribute funds to the City, however, to cover the cost of the future striping along the SW Frewing street frontage of this site. The amount of the striping would be as follows: • 180 feet of 8-inch white stripe, at $2.50/If $450.00 • 10 Mono-directional reflective markers © $4.00/ea $ 40.00 • 1 Bike lane legends © $175/ea $175.00 • 2 Directional mini-arrows © $100/ea $200.00 $865.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. Frewing Street is classified as a Neighborhood Route and the bike lane width shall be 6 feet. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 21 OF 30 • 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. There are existing overhead utility lines along the frontage of SW Frewing Street. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 203 lineal feet; therefore the fee would be $7,105.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides water service in this area. The applicant's plan indicates that they will connect to the public system in Pacific Highway. 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. 0 -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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. 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. Grading and Erosion Control: CWS l esign 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 22 OF 30 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. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permits. 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. FINDING: The Street and Utility Improvement Standards have not been met. By meeting the following conditions these standards can be met. CONDITIONS: • Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half street improvements and any other work in the public right-of- way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tigard.or.us). • 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 Engineering Department will delay processing of project documents. • Prior to issuance of the site permit, the applicant shall submit a suite layout map to Shirley Treat, Engineering Department. If the applicant is not sure how many suites will be used, they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat, Engineering). • The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 23 OF 30 A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner, as approved by the Engineering Department. • The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk, curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s) with curb and sidewalk. • 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. • A profile of SW Frewing Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. • The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00- 7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. • Prior to issuance of the Site Permit, the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. • Prior to issuance of the Site permit, the applicant shall pay $865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. • Sanitary sewer details shall be provided as part of the Public Facility Improvement (PFI) permit plans. The location and capacity of existing, proposed, and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. • A sanitary sewer manhole shall be installed at the northern most connection to the existing sewer line. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 24 OF 30 • Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. • An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." • Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. • Prior to issuance of the building permit, additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of Pacific Highway (99) to increase the right-of-way to provide for a 10 foot curb-tight sidewalk and an additional 0.5 feet from back of sidewalk to new ROW line. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Rick Reeves, Oregon Department of Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461). • Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. • Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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). • The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior to final building inspection. • 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, 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. Staff Contact: Hap Watkins, Building Division. • 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, for the proposed onsite storm water treatment facility. E. 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:" NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 25 OF 30 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. The applicant has provided an impact study addressing the project's impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the use and the size of the use proposed, the applicant is required to pay TIF's of approximately $37,513. Final TIF payment will be assessed at time of building permit submittal. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $117,228 ($37,513 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $79,715. The value of the right if way dedications is approximately: SW Frewing: 203'x9'=1,827 s.f. $15 per square foot = $27,405 SW Pacific Highway: 138'x7'=96 6 s.f. ©$15 per square foot = $14,490 The value of improvements is approximately: SW Frewing: 203 I.f. of 1/2 street improvement © $200 I.f.= $40,600 SW Pacific Highway: 138 I.f. of sidewalk ©$201.f.=$2,760 SW Pacific Highway: funds for bike lane striping= $865 The total contributions of this project to the street system is $86,120. While the value of the proposed improvements is greater than the projected impact, the improvements are necessary to meet city requirements, and implement the Transportation System Plan. The level of exaction is within 8% of the total value of the impact and is therefore roughly in proportion. SECTION VII. OTHER STAFF COMMENTS The City of Building Division has reviewed the proposal and note that the north east end of the building will require fire rating and parapets to comply with building code requirements. The City of Tigard Urban Forester has reviewed the proposal and had no objections to the proposal. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 26 OF 30 SECTION VIII. AGENCY COMMENTS Oregon Department of Transportation has reviewed the proposal and provides the following comments: The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated above to determine permit requirements and obtain application information. ODOT has determined there will be no significant impacts to state highway facilities and no additional state review is required. The applicant is advised that a residential development on the proposed site will likely be exposed to traffic noise levels that exceed federal noise guidelines. Builders should take appropriate measures to mitigate this impact. It is generally not the State's responsibility to provide mitigation for receptors that are built after the noise source is in place. ODOT recommends that the applicant be required to submit a traffic impact analysis assessing the impacts of the proposed use on the State highway system. The analysis shall be conducted by a Professional Engineer registered in Oregon. Contact the ODOT traffic representative identified above to scope the study. PROPOSED ACCESS TO STATE HIGHWAY Site access to the state highway is regulated by OAR 734.51. Until the ODOT approach permit review has been completed, we cannot make a determination on the number, location or design of the proposed approach(es) to the highway. ODOT is not obligated to provide additional approaches to the state highway for new parcels created through partition. If shared access is required by ODOT, the applicant would need to establish crossover easements or service roads between the new parcels to facilitate a shared approach. ODOT has conditionally approved the highway approach location(s) based on the specific site plan and uses identified in the applicant's approach road permit application. The locally approved site plan and uses must be consistent with the site plan and uses identified for the ODOT permit in order for the ODOT conditional permit approval to remain valid. If the site plan or proposed uses are modified, the conditional access approval may be invalidated and no permit issued by ODOT. RECOMMENDED LOCAL CONDITIONS OF APPROVAL Curb, sidewalk and bikeways shall be constructed consistent with the local Transportation System Plan and Regional Transportation Plan (if applicable) to current local, ODOT/ADA standards to provide pedestrian and bicycle access to the site. Right-of-way dedication as necessary to accommodate the planned cross section identified in the Transportation System Plan shall be provided through deed to the Oregon Department of Transportation. An ODOT Approach Road Permit shall be obtained for access to the state highway for the proposed use. An ODOT Miscellaneous Permit is required for all work in the highway right-of-way. An ODOT Drainage Permit is required for connection to state highway drainage facilities. Connection will only be considered if the site's drainage naturally enters OD OT right-of-way. The applicant must provide ODOT District with a preliminary drainage plan showing impacts to the highway right-of-way. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 27 OF 30 A drainage study prepared by an Oregon Registered Professional Engineer is usually required by ODOT if total peak runoff entering the highway right-of-way is greater than 1.77 cubic feet per second; or the improvements create an increase of the impervious surface area greater than 10,758 square feet. Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and offered the following comments: Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 3) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested. (Design criteria on back) (UFC Sec. 902.2.2) 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) — (See diagrams on back) 5) Where required, fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red or black on yellow background. (UFC Sec. 901.4.5.2) 6) The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3) 7) No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants. (UFC Sec. 903.4.2.1) 8) The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1) Considerations for placing fire hydrants shall be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants; however, hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 28 OF 30 • Hydrants that are separated from the subject building by divided highway, freeway, or heavily traveled collector streets shall not contribute to the required number of hydrants. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Chief. • Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. Exc : The use of hydrants located on other private property may be considered i t eir locations and access are encumbered in a legal document (such as deed restriction) by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. • When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s) to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1) 9) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 10) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 11) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 12) A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 13) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 14) A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F, the building survey form and the instructions are available on the Fire District web site at www.tvfr.com. (UFC Appendix III-F) 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 29 OF 30 Final Decision: THIS DECISION IS FINAL ON MAY 7, 2004 AND BECOMES EFFECTIVE ON MAY 22, 2004 UNLESS AN APPEAL IS FILED. Appeal: 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 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 21, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. (., May 7, 2004 PREPARED BY: Morg Tracy Trac DATE Associate Planner _, - 40/' {.1 - F May 7, 2004 APPROVED BY: Rich. NI H. Bewersdorff DATE Planning Manager i:\curpin\rnorganlworkspace\sdr\sdr2004-00001 (massih)\sdr2004-00001 decision.doc NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 30 OF 30 �jry i - .. 7f, _r___ CITY of TIGARD /1 /�- GEOGRAPHIC INFORMATION SYSTEM ' � F VICINITY MAP., I b *0 IP 4, ` SDR2004-00001 S ! . r co , I* ♦ MASSIH OFFICE 4". ,3* 44111.11111111' 4, BUILDING .4 ip .tir., h �(,,�y/,IP R3SF 4%, 110 Yrl� k' A * �� //t ;q_._I 1 %.c• 4 lr h i'--.2-2T'.1,:‘, MTV o¢ —�, ____41". 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' .....---•-2-1717i-4: -*-()N'41t..7.1,t i,"-,v',N, *■1..N,N,""...*\.o''1t.l t131.z"4 2 0.0'1,0,,,.<\•,'\''N'i: / "7 / / / / / ." X, 4 I0 \/ : e \ \N I , COMM MOMO ) : 1 / CATCH RASHS P \ER ‘‘'•••,,44*% N /X .. ' COAL.ARS SHEET N'......1%., ,i. k • i ...! i. , 4‘11111 CITY OF TIGARD t SDR2004-00001 COI 0 TIOAMO SITE PLAN N MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) (Map is not to scale) NOTICE OF TYPE II DECISION Alk SITE DEVELOPMENT REVIEW (SDR) 2004-00001 'ail CITY OF TIGARD Community cDeve(opment MASSIH OFFICE BUILDING SfiapingABetterCommunity 120 DAYS = 6/29/2004 SECTION I. APPLICATION SUMMARY FILE NAME: MASSIH OFFICE BUILDING CASE NO.: Site Development Review (SDR) SDR2004-00001 PROPOSAL: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. OWNER: Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway PO Box 108 Beaverton, OR 97075 APPLICANT: Welkin Engineering Attn: Ed Christensen, P.E. 8000 SW Pfaffle Street Portland, OR 97223 LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Hwy; WCTM 2S102CB, Tax Lots 2800 & 2900 ZONE: C-G: General Commercial. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single- family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 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 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 MAY 7, 2004 AND BECOMES EFFECTIVE ON MAY 22, 2004 UNLESS AN APPEAL IS FILED. A eal: 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. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 21, 2004. I Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. t� '/ �\ ma MY M/11� j�JF�c %,k,v .4... � SDR2004-00001 ,, • A `` ■ �•' . MASSIH OFFICE BUILDING ..-4„..v, . .._ _. 4. • . „,14 4,‘S4 1 A 4 t,s'N..' Fh i./-.'-',:?, TeMel --- - ,... A .'"'-'' .. A - #. ,4 _,. • , _ .-410 ..w, ., :,, 7 - ..1].:_...__-/-,-- �♦�� 0,11,v A V• I ,� Q/ , � ♦,11 \\.■ IP -''. A.. City of Tigard y na /- /Q` // I --z-- �4 /; x � ` pia ///s\2\ „„, .,.. .41104 K. - l'i§*),v liSio, F . �S►4 �/ 0.Nr tl , f / /i / "$ N\ / »r 3 ;.� �' .A11, CITY OF TIGARD t SDR2004-00001 SITE PLAN N MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) (Map Is not to scale) 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 SITE DEVELOPMENT REVIEW CITY OF TIGARD Community(evefopment Shaping 1 Better Community DATE OF NOTICE: March 8, 2004 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2004-00001 Type II Land Use Application FILE NAME: MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) PROPOSAL: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. 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 22, 2004. All comments should be directed to Morgan Tracy, Associate 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 morgan(aci.tigard.or.us. 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 20, 2004. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT 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 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 SUBMITTED WRITTEN 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. 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." r ,''� dk- ,, 'rv. Z VICINITY iTiu.eo y; CITY c 1• ,, •♦ ,� * •, SDR2004 00001 `' ♦ ,•. ,` MASSIH OFFICE .-4 *.∎ ∎ , BUILDING ,,,1 ■,,, ,,t \ _, ,N ■94. .,.....,..,4, _____ .,,,, . , ■ - - sk, vi 4 • -,, Ibk..444. 4.1f1 ST ::..,, ■,',, Iv- ToSel ,......... / ''V % N --. / -4111A fiVt d 4, / a --\ . Clb nfTpd REQUEST FOR COMMENTS s.DR0200/4-0000 DocC#CP017658 T R I ® MET RECEIVED PLANNING APR 2 0 2004 April 9, 2004 CITY OF TIGARD Morgan Tracy Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 RE: Massih Office Bldg. Dear Morgan: TriMet welcomes the opportunity to comment on this proposal for an office building on Highway 99W and Frewing. TriMet line 12 serves the area with bus stops located on 99W at Walnut Place and Garrett. The purpose of our recommendations is to minimize the traffic impacts of new development by encouraging development patterns that are transit, bicycle, and pedestrian supportive. Improved pedestrian access and connection promotes walking and reduces local dependence on automobiles. TRI-MET STAFF RECOMMENDATIONS No bus stop improvements associated with this property. Since our current bus stops are located one block away from this property in each direction, are appropriately spaced, and are at marked crossings, we do not propose moving or installing a new stop at Frewing. With this in mind, our only request is that the property's frontage on both Frewing and 99W include accessible pedestrian facilities to allow a safe and convenient connection to the existing bus stops, including a direct link from the office building to the public pedestrian facilities. The plan provided to Tri-Met shows that appropriate facilities are included. Thank you for the opportunity to comment on this proposal. If you have any questions, please contact me at 962-2140. Sincerely, Ben Baldwin, Project Planner Tri-County Metropolitan Transportation District of Oregon • 710 NE Holladay Street,Portland,Oregon 97232 • 503-238-RIDE • TTY 503-238-5811 • trimet.org 1 r orO'an Tracy - 1900203074.doc Page 1 Oregon Department of Transportation ODOT R e g i o n 1 1 2 3 NW F l a n d e r s S t P o r t l a n d , OR 9 7 2 0 9 T e l e p h o n e ( 5 0 3 ) 7 3 1 - 8 2 0 0 FAX ( 5 0 3 ) 731 - 8259 Oregon Theodore R.Kulongoski,Governor ODOT Response to Local Land Use Notification Jurisdiction: City of Tigard _ Case#: SDR2004-0001 Applicant: Project Name: Massih Office Building Address: 13020 SW Pacific Hwy Tigard,OR Legal Description: 2S102CB Tax Lot(s) 2800,2900,3200, . State Highway: 99W _ Mileposts:9.6 - TRAFFIC CONTACT:Kathleen Freitag Phone: 503.731.8565 Traffic Analyst PERMIT CONTACT:Sam Hunaidi ODOT District: 2A Phone: 503.229.5002 Access Mgt& Engineering Coordinator *Please see reverse side for Recommended Local Conditions of Approval. The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated above to determine permit requirements and obtain application information. ODOT has determined there will be no significant impacts to state highway facilities and no additional state review is required. The applicant is advised that a residential development on the proposed site will likely be exposed to traffic noise levels that exceed federal noise guidelines. Builders should take appropriate measures to mitigate this impact.It is generally not the State's responsibility to provide mitigation for receptors that are built after the noise source is in place. ODOT recommends that the applicant be required to submit a traffic impact analysis assessing the impacts of the proposed use on the State h ighway sy stem.The analysis sh all b e conducted by a Professional E ngineer registered in Oregon. Contact the ODOT traffic representative identified above to scope the study. PROPOSED ACCESS TO STATE HIGHWAY Site access to the state highway is regulated by OAR 734.51. Until the ODOT approach permit review has been completed, we cannot make a determination on the number,location or design of the proposed approach(es)to the highway. ODOT is not obligated to provide additional approaches to the state highway for new parcels created through partition.If shared access is required by ODOT, the applicant would need to establish crossover easements or service roads between the new parcels to facilitate a shared approach. ODOT Log No: 1900 LMorg`an Tracy - 1900203074.doc Page 2 ODOT has conditionally approved the highway approach location(s)based on the specific site plan and uses identified in the applicant's approach road permit application.The locally approved site plan and uses must be consistent with the site plan and uses identified for the ODOT permit in order for the ODOT conditional permit approval to remain valid. If the site plan or proposed uses are modified, the conditional access approval may be invalidated and no permit issued by ODOT. RECOMMENDED LOCAL CONDITIONS OF APPROVAL Curb,sidewalk and bikeways shall be constructed consistent with the local Transportation System Plan and Regional Transportation Plan (if applicable)to current local,ODOT/ADA standards to provide pedestrian and bicycle access to the site. Right of way dedication as necessary to accommodate the planned cross section identified in the Transportation System Plan shall be provided through deed to the Oregon Department of Transportation. An ODOT Approach Road Permit shall be obtained for access to the state highway for the proposed use. An ODOT Miscellaneous Permit is required for all work in the highway right of way. An ODOT Drainage Permit is required for connection to state highway drainage facilities. Connection will only be considered if the site's drainage naturally enters ODOT right of way. The applicant must provide ODOT District with a preliminary drainage plan showing impacts to the highway right of way. A drainage study prepared by an Oregon Registered Professional Engineer is usually required by ODOT if: 1. Total peak runoff entering the highway right of way is greater than 1.77 cubic feet per second;or 2. The improvements create an increase of the impervious surface area greater than 10,758 square feet. ADDITIONAL COMMENTS: Signed: Marah Danielson Development Review Planner Phone: 503.731.8258 Date:3/17/2004 ODOT Log No: 1900 COUNTYWIDE Date: :5-1,2 1'"" Plans Check No. TRAFFIC IMPACT FEE Project Title: WORKSHEET (FOR NON-SINGLE FAMILY USES) Applicant: Mailing Address: Tax Map No. Site Address: Land Use Category Rate Per Trip Payment Method ❑ RESIDENTIAL $253.00 ❑ CASH/CHECK o BUSINESS/COMMERCIAL $ 64.00 0 CREDIT OFFICE $233.00 ❑ BANCROFT(PROMISSORY NOTE) ❑ INDUSTRIAL $244.00 ❑ DEFER TO OCCUPANCY ❑ INSTITUTIONAL $105.00 LAND USE CATEGORY DESCRIP OF USE WEEKDAY AVG TRIP RATE WEEKEND AVG TRIP RATE(institutional) D ce, 7 6-3 I A(6C-- BASIS x, 881 ‘-/ CALCULATIONS qg& /t3) = / /'rp /6/ 33-----beD T7F ‘11A37 673 SFR tr ii- 63x z5`30 $7,01)) ADDITIONAL NOTES ""— PROJECT`TRI`P GENERATION ROAD AMO1 UNT TRANSIT AMOUNT TOTAL FEE PREPARED BY SusanRoss_ TlF Esti mate for Massif)Once Building From: To: Date: Morgan Tracy c Subject: 4/30/04 n ROSS Y Can You run TIP Estimate oM Page 1 Building Size.9 some quick numbers Once Buii Thanks, tubers for ding this office building? Morgan Tracy, n t sociate Pa r C 2f Tigard_C Unity Development Boulevard (503)6 9 17 xt. 2428 MEMORANDUM CITY OF TIGARD, OREGON DATE: 5/5/04 TO: Morgan Tracy, Associate Planner FROM: Kim McMillan, Development Review Enginee RE: SDR2004-00001 Massih Office Building 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. The applicant has stated that the visual clearance areas will be met. The applicant's engineer has also provided sight distance certification. This criterion is met. 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. The applicant's plan indicates that the driveway has been placed outside of the influence area of the arterial street intersection, thereby meeting this criterion. 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. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 1 The driveway is located on Frewing Street, which is neither a collector nor an arterial. Therefore, this criterion does not apply. 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 18.810.030.E requires a Neighborhood Route street to have a 58 right-of-way width and 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Frewing Street, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate 9 feet of ROW. SW Frewing Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half street improvements, providing a minimum of 18 feet of paving from centerline. The site is also adjacent to SW Pacific Highway, an ODOT facility, which is classified as a 5 lane arterial. Most of the improvements along the highway are adequate according to ODOT's response. The sidewalk, however, does not meet City standards. The current City standard for an arterial includes a 5.5 foot planter strip, 10 foot sidewalk and 0.5 foot to ROW line. Because the sidewalk along this portion of Pacific Highway is curb tight, staff recommends that the applicant provide a 10 foot wide, curb-tight sidewalk and dedicate the additional ROW to the public to provide for the sidewalk and the 0.5 foot behind it. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 2 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. The existing grade on Frewing Street is less than 5% and the improvements to the street will not alter this grade significantly. The applicant's shall submit a profile of Frewing Street that extends 300 feet beyond the project frontage to the southeast. 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. The applicant has indicated that sidewalks will be constructed along the Frewing Street frontage. There is an existing, curb-tight sidewalk along Pacific Highway. This sidewalk does not meet the City's current standards, which includes a 5.5 foot planter strip and 10 foot sidewalk. Because the sidewalk along Pacific Highway in this area is curb-tight, the applicant shall provide for a total of 10 foot of curb-tight sidewalk. 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. The applicant's utility plan indicates that the existing public sewer is located under the proposed building foot print. The applicant has proposed to relocate the public sewer. The applicant's plan shall show a manhole installed at the northern connection, replacing the existing cleanout. The applicant's plan shall also provide for a 15 foot public utility easement over the length of the line onsite. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 3 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). There are no upstream drainage areas. 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. The applicant's engineer has submitted calculations that indicate that the net, new impervious surface area is less than 5000 square feet. Therefore, onsite detention is not required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 4 pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Both Pacific Highway and SW Frewing Street are classified as bicycle facilities. Pacific Highway already has bicycle striping, thereby meeting the criterion. The applicant shall provide for bicycle striping or pay the fee as outlined below. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The amount of the striping would be as follows: • 180 feet of 8-inch white stripe, at $2.50/If $450.00 • 10 Mono-directional reflective markers @ $4.00/ea $ 40.00 • 1 Bike lane legends @ $175/ea $175.00 • 2 Directional mini-arrows @ $100/ea $200.00 $865.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. Frewing Street is classified as a Neighborhood Route and the bike lane width shall be 6 feet. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 5 • 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. There are existing overhead utility lines along the frontage of SW Frewing Street. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 203 lineal feet; therefore the fee would be $ 7105.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides water service in this area. The applicant's plan indicates that they will connect to the public system in Pacific Highway. 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. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 6 Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. 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. 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. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permits. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 7 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. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMIT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.ticjard.or.us). 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 Engineering Department will delay processing of project documents. Prior to issuance of the site permit, the applicant shall submit a suite layout map to Shirley Treat, Engineering Department. If the applicant is not sure how many suites will be used, they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 8 fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat, Engineering). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner, as approved by the Engineering Department. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk, curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s) with curb and sidewalk. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 9 A profile of SW Frewing Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. Prior to issuance of the Site Permit, the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of- way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. Prior to issuance of the Site permit, the applicant shall pay $865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. Sanitary sewer details shall be provided as part of the Public Facility Improvement (PFI) permit plans. The location and capacity of existing, proposed, and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. A sanitary sewer manhole shall be installed at the northern most connection to the existing sewer line. Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 10 Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. Prior to issuance of the building permit, additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of Pacific Highway (99) to increase the right-of-way to provide for a 10 foot curb-tight sidewalk and an additional 0.5 feet from back of sidewalk to new ROW line. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Rick Reeves, Oregon Department of Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. Prior to final building inspection, the applicant shall provide the City with as- built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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). The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 7105.00 and it shall be paid prior to final building inspection. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 11 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, 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. Staff Contact: Hap Watkins, Building Division. 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, for the proposed onsite storm water treatment facility. ENGINEERING COMMENTS SDR2004-00001 Massih Office Building PAGE 12 Morgan Tracy - Massih Office Building.0— Page 1 • MAR Tualatin Valley Fire &Rescue TUALATIN VALLEY FIRE&RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION March 22,2004 Morgan Tracy,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 Re: Massih Office Building Dear Morgan, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire&Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway,as measured along the fire apparatus access road,is greater than 150 feet.(UFC Sec.902.2.1) 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet(15 feet for one or two dwelling units and out buildings),and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 3) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load(wheel load)and 50,000 pounds live load (gross vehicle weight).You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading.Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested.(Design criteria on back)(UFC Sec.902.2.2) 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively,measured from the same center point. (UFC Sec.902.2.2.3)—(See diagrams on back) 5) Where required,fire apparatus access roadway curbs shall be painted yellow and marked"NO PARKING FIRE LANE"at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red or black on yellow background. (UFC Sec.901.4.5.2) 6) The required fire flow for the building shall not exceed 3,000 gallons per minute(GPM)or the available GPM in the water delivery system at 20 psi,whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office.(UFC Sec.903.3) II 7) No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants.(UFC Sec.903.4.2.1) 8) The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than x.5 the next whole number of 7401 SW Washo Court,Suite 101•Tualatin,Oregon 91791e22.oTel.(503)612-7000•Fax(503)612-7003•www.tvfr.com Morgan Tracy- Massih Office Building Page 2 • hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec.903.4.2.1) Considerations for placing fire hydrants shall be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants;however,hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by divided highway,freeway,or heavily traveled collector streets shall not contribute to the required number of hydrants. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Chief. • Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. Exception:The use of hydrants located on other private property may be considered if their locations and access are encumbered in a legal document(such as deed restriction)by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. • When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s)to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec.903.4.2.1.1) 10) Fire hydrants for single family dwellings,duplexes and sub-divisions,shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an i. intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 11) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 12) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line,then assume a centerline,and place the reflectors accordingly. (UFC Sec.901.4.3) 13) A fire hydrant shall be located within 70 feet of a fire department connection(FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway.(UFC Sec.903.4.2.5)FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty Code,Sec.904.1.1) 14) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision.(UFC Sec.8704) 15) A building survey and plans,in accordance with TVF&R Ordinance 99-01,Appendix III-F,shall be submitted. A copy of Appendix III-F,the building survey form and the instructions are available on the Fire District web site at www.tvfr.com. (UFC Appendix I11-F) Please contact me at(503)612-7010 with any additional questions. Sincerely, Eric T. McMullen Eric T.McMullen Page 2 of 2 REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping Better Community DATE: March 8,2004 TO: Brian Blalock,Commercial Plans Examiner FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x24281 Phone: 15031639-4111/Fax: (503)684-7297 SITE DEVELOPMENT REVIEW MDR)2004-00001 MASSIH OFFICE BUILDING [PACIFIC PARK PLAZA],-: REQUEST: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 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 22, 2004. 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. 7 Written comments provided below: ND/T AST CND OF 16UILD/ J6 Gv'cc— /LE4v/12E RATE-13 c oNS7g 0G i Doti P//c4,05-7-). Name & Number of Person Commenting: 3A 14,o S LPL OGIC 2 4t3‘ REQUEST FOR COMMENTS CITY O TIGARD Community Development Shaping Better Community DATE: March 8,2004 RECEIVED PLANNING TO: Matt Stine,Urban Forester/Public Works Annex MAR 2 3 2004 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Morgan Tracy,Associate Planner 1x24281 Phone: 15031639-4111/Fax: 15031 684-1291 SITE DEVELOPMENT REVIEW[SDRI 2004-00001 MASSIH OFFICE BUILDING [PACIFIC PARK PLAZA] REQUEST: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 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 22, 2004. 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. Written comments provided below: Name & Number of Person Commenting: (yt s F1/�� . REQUEST FOR COMMENTS CITY OFTIGARD Community rDeve(opment Staping A Better Community DATE: March 8,2004 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x24281 Phone: (5031 639-4111/Fax: (5031 684-1291 SITE DEVELOPMENT REVIEW(SDR)2004-00001 MASSIN OFFICE BUILDING (PACIFIC PARK PLAZA] REQUEST: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. 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 22, 2004. 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. Written comments provided below: Name & Number of Person Commenting: TY OF TIGARD REQUEST FO. .OMMENTS •7 NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: FILE NAME: CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ['East ❑South ❑West ElProposal Descrip. in Library CIT Book CITY OFFICES (LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPT./Jim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official _ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer-PUBLIC WORKS/Matt Stine,Urban Forester _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/Brian Rager,Engineering Manager PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST..,k TUALATIN VALLEY FIRE&RESCUE * >'.TUALATIN VALLEY WATER DISTRICT♦ _ CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue Melinda Wood _ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ 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 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments only) Routing CENWP-OP-G _CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 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&Transportatic 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 _Steve Conway(General Apps.) Lake Oswego,OR 97034 ` _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ,vDOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _V Marah Danielson,Development Review Coordinator _Doria Mateja(ZCA)Ms 14 Planning Bureau Director Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Sr.Cartographer(0PAaCA)MS 14 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders p Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 (PC ii g _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A * _ODOT,RAIL DIVISION — STATE HISTORIC Dave Austin(wcccA)"911"(MUn.eob rcw.ni Jane Estes,Permit Specialist (Notify if ODOT R/R-Hwy.Crossing 15 Only Access to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive,Suite 350 Craig Reiley (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13t"Street,NE,Suite 3 1115 Commercial Street, NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 —SOUTHERN PACIFIC TRANS.CO.RJR _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Randy Bice is..Mapra A,..cwwi lit Project is Within V.Mile 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 Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 —TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev is..Mw(a Area Con.. Diana Carpenter(o0e,E_aNduNoreewl 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 * 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\patty\masters\Request For Comments Notification Listdoc (UPDATED: 25-Feb-04) (Also update:"i\curpin\setup\labels\annexation_utilities and franchises doc"when updating this document) MAILING RECORDS • • i AFFIDAVIT OF MAILING CITY OF iIOARD Community(Development Shaping (Better Community I, Patricia L. Lansford; being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard;Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below} © NOTICE OF DECISION FOR: SDR2004-00001/MASSIH OFFICE BUILDING ❑ AMENDED NOTICE (File No/Name Reference) ® 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 May T,2004, and deposited in the United States Mail on May1,2004, postage prepaid. . , Lit,_ .IA a (Person at Pr:•_"1'Me'F'oti•-) SOP&OT O GON Countiof Washington ss. ofd' RP Subscribed and sworn/affirmed before me on the P — day of , 2004. OFFICIAL SEAL SUE ROSS 1/40 NOTARY PUBLIC-OREGON COMMISSION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 4 ) � NOTAR "I ICI I '� ON My Co sion Expires: a 7�(-C� f EXHIBIT NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2004-00001 . •�'i� CITY OF TIGARD MASSIH OFFICE BUILDING Community Deveropment Shaping/?Better Community 120 DAYS = 6/29/200 SECTION I. APPLICATION SUMMARY FILE NAME: MASSIH OFFICE BUILDING CASE NO.: Site Development Review (SDR) SDR2004-00001 PROPOSAL: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. OWNER: Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway PO Box 108 Beaverton, OR 97075 APPLICANT: Welkin Engineering Attn: Ed Christensen, P.E. 8000 SW Pfaffle Street Portland, OR 97223 LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Hwy; WCTM 2S102CB, Tax Lots 2800 & 2900 ZONE: C-G: General Commercial. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 1 OF 30 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: Submit to the Planning Division jMorgan Tracy, 639-4171,ext. 2428) for review and approval: 1 . Prior to issuance of a site/building permit, the applicant shall provide evidence that the three tax lots have been consolida ed. 2. Prior to issuance of a site/building permit, submit a revised site plan that indicates the required buffer landscaping along the southern property boundary, including trees spaced between 15 and 30 feet apart, shrubs, and groundcover. 3. Prior to issuance of a site/building ermit, the applicant shall submit revised site plans that show one (1) of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to ADA parking. 4. Prior to issuance of a site/building permits, the applicant shall submit a revised site plan that shows five (5) bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. 5. The applicant shall submit a revised site plan that indicates a feasible arking lot connection to the adjacent parcel to the east (WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed St this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. 6. Prior to issuance of a site/building permit, submit detailed plans that shows that all service facilities including air condifioninqq units, HVAC, and gas meters, screened from public view. Additionally, the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). 7. Prior to issuance of building permits, the applicant shall submit building elevations that include windows that face the interior parking area. 8. Prior to issuance of a site/building permit, submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. 9. Prior to issuance of a site/building permit, submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 10. Prior to issuance of site/building permits, the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report, and label each as to its size, species, and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention, a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). The applicant shall install protection measures at the driplines around trees to remain prior to conducting any site work including demolition of structures. Should trees not be protected at this stage, the City will assume that these trees are being removed, and mitigation will be calculated on this basis, regardless of whether trees are preserved on the site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed and approved by the City Forester. At time of final building inspection, an inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree(s) will remain viable. Should work occur on site in violation of the tree protection plan, the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include, but is not limited to, the penalties outlined in Tigard Development Code (TDC) Section 18.790.060. The construction documents shall include a notation to that effect. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 2 OF 30 11. Prior to issuance of building permits, the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site, less the trees deemed hazardous, that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030 (B). Mitigation may consist of trees planted on site (to be shown on the landscape plan and clearly identified as mitigation trees), off-site (subject to property owner and city approval), or a payment in-lieu of planting (currently assessed at $125 per caliper inch). If planting, the applicant shall submit a bond or cash deposit for the value of the mitigation (assessed at $125 per caliper inch) prior to issuance of site/building permits to be refunded upon final building inspection and satisfactorily planting the required trees. If paying the fee in-lieu, such payment shall be made prior to issuance of site/building permits. Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030 (B), in addition to any remediation measures, as necessary. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 12. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half street improvements and any other work in the public right-of- way (ROW). Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tigard.or.us). 13. 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 Engineering Department will delay processing of project documents. 14. Prior to issuance of the site permit, the applicant shall submit a suite layout map to Shirley Treat, Engineering Department. If the applicant is not sure how many suites will be used, they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat, Engineering). 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner, as approved by the Engineering Department. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 3 OF 30 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk, curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s) with curb and sidewalk. 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 18. A profile of SW Frewing Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00- 7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 20. Prior to issuance of the Site Permit, the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 21. Prior to issuance of the Site permit, the applicant shall pay $865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement (PFI) permit plans. The location and capacity of existing, proposed, and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 24. Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 25. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 4 OF 30 27. Prior to issuance of the building permit, additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of Pacific Highway (99) to increase the right-of-way to provide for 52 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Rick Reeves, Oregon Department of Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: Submit to the Planning (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 28. Prior to final building inspection, the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. 29. Prior to final building inspection, the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 30. Prior to final building inspection, the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 31. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 32. Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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). 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior to final building inspection. 34. 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, 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. Staff Contact: Hap Watkins, Building Division. 35. 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, for the proposed onsite storm water treatment facility. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 5 OF 30 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 properties and found no other land use cases that affect redevelopment of the property. Vicinity Information: The subject site is located at the northeast corner of the intersection of SW Frewing and SW Pacific Highway. The property is zoned C-G with properties to the north, south and west also zoned C-G. The abutting property to the south is zoned high density residential (R-12) and is developed with multi-family units. Site Information and Proposal Description: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No letters or comments were received from nearby property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 Commercial Zoning Districts B. Applicable Development Code 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 C. Specific SDR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Decision Making Procedures 18.390 Impact Study SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS 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-G: General Commercial zoning district. The proposed use, general office space, is outright permitted in the zone. The present use of the site is three non-conforming residential dwellings which will be demolished. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 6 OF 30 Development Standards: Section 18.520.040.B States that development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-G Proposed Minimum Lot Size None 22,564 s.f. -Detached unit - -Boarding, lodging, rooming house Minimum Lot Width 50' 116 ft. Minimum Setbacks -Front yard 0' 0' [1] -Side facing street on corner&through lots 0' 1' -Side yard 0' - -Side or rear yard abutting more restrictive zoning district 20'- 60' - Rear yard 0 ft 5' - Distance between front of garage & property line abutting a public - - or private street. Maximum Height 45 ft <45 ft. Maximum Site Coverage 85% 80.1% Minimum Landscape Requirement 15% 19.9% [1]For purposes of this review,SW Frewing Street is considered the fronting street. As demonstrated in the table above, the proposal complies with the underlying zone development standards. However this is contingent on the three parcels being consolidated. Such consolidation will need to occur prior to building permit issuance. FINDING: Based on the analysis above, the underlying zone's development criteria have been satisfied, provided the three subject parcels are consolidated. CONDITION: Prior to issuance of a building permit, the applicant shall provide evidence that the three tax lots have been consolidated. B. APPLICABLE DEVELOPMENT CODE STANDARDS Access, Egress and Circulation (18.705): 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; On-site pedestrian walkways are proposed between the building entrances and the streets that provide access and egress, as well as to the parking lot. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; No walkways cross parking areas. The walkways are approximately 5.5 feet in width, in compliance with this standard. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 7 OF 30 Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plan depicts concrete sidewalks and walkways, which meets the standard. The final construction documents will also need to show walkways with hard surfaced materials. 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. The applicant has stated that the visual clearance areas will be met. The applicant's engineer has also provided sight distance certification. This criterion is met. 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 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. The site access will be located 160 feet from the edge of SW Pacific Highway. This standard is met. 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. SW Frewing is classified as a Neighborhood Route. Therefore, this standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 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 development has one point of access into the parking lot that provides a minimum of 24 feet of pavement. Therefore, this standard is met. 18.705.030.L. states that the Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 8 OF 30 • To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; The applicant has fulfilled the first criterion by proposing that the access be located on SW Frewing Street, to lessen the impact on SW Pacific Highway. However, with respect to the second and third criterion, in order to further consolidate access and to eliminate the need to use public streets for movement between commercially zoned properties, the applicant will need to design the parking area so that it is feasible to connect to the adjacent property at the time that property redevelops. This code section provides for connection between commercial properties to keep vehicles off public streets, not to encourage use of other streets and through movements. Such future redevelopment will need to take into account the possibility of cut through traffic and will need to be so designed that such cut-through potential is minimized. Also, it is quite possible that ODOT will require the access to SW Pacific Highway be closed upon redevelopment of that parcel. It is therefore imperative that provisions for future access be made at this time. This standard also speaks to the necessity for pedestrian and bicycle access between neighboring properties. With proper design of the parking area, pedestrians and bicycles in addition to vehicles will be able to access the adjacent parcel. FINDING: The access requirements have not been met. CONDITION:The applicant shall submit a revised site plan that indicates a feasible parking connection to the adjacent parcel to the east (WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed at this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. 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. 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 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 rea—ily 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 9 OF 30 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. This is an office use, which is permitted outright within the C-G zone, and is one of the lesser impacting type uses with regard to the above environmental standards. The applicant has not indicated that the above standards will be met; however, based on the provision of adequate trash and recycling area, and the fact that the proposed use is not likely to generate noise, visible emissions, odors, glare and heat, or harbor insects and rodents, this standard is satisfied. Ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: The Environmental Performance Standards are met. 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 18.745.040.0 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 landscape plan that shows 9 street trees (Pacific Sunset Maple) along both the Pacific Highway and Frewing Street frontages. There is no apparent specification as to the size or variety of street tree. Moreover, the applicant proposes removal of a 29-inch spruce tree at the corner of Frewing and Pacific Highway. It appears that this tree may be preserved and utilized with slight modifications to the sidewalk. Staff encourages the applicant to pursue preserving this tree. Buffering and Screening: Section 18.745.080 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a street. No buffer is required between a proposed office use and existing office use. Buffering and/or screening are required for dissimilar uses. To the north and west are street rights of way, and thus, no buffer or screening is required. To the east is an existing commercial business. Similar uses do not require bufferinc or screening. The property to the south is zoned for and utilized as multi-family housing. his requires a buffer level of "C". A "C" level buffer consists of between 6 and 10 feet of groundcover, shrubs, trees and some form of screening, either a hedge, fence or wall. The applicant has proposed a 6 foot CMU wall with 10 feet of buffer area, but has not shown the required landscaping within this buffer area (i.e. groundcover, shrubs and trees). 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. The parking lot is located behind the building and lies at a lower elevation, so that it will be well screened from SW Pacific Highway and SW Frewing Street. The proposed parking area contains 31 spaces, and therefore 5 trees are required. The parking area contains 6 trees. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 10 OF 30 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 inadequate information provided in the plans to establish whether this standard is met. Therefore, the applicant will be required to submit detailed plans for Planning Division review prior to issuance of a building permit that shows all service areas including air conditioners and gas meters screened from view. 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 site plan submitted shows a trash enclosure, but does not clearly indicate what type and how tall the enclosure will be. A solid wood fence or masonry wall between five and eight feet in height is required. The applicant's revised plan will need to identify the material and height of the enclosure. FINDING: Based on the analysis above, the landscaping and screening standards have not been fully met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit a revised site plan that indicates the required buffer landscaping along the southern property boundary, including trees spaced between 15 and 30 feet apart, shrubs, and groundcover. Submit detailed plans that shows that all service facilities including air conditioning units, HVAC, and gas meters, screened from public view. Additionally, the plans shall identify the material and height of the trash enclosure that meets the requirements of 18.745.050(E)(4). 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 not submitted written sign off from the waste hauler (Pride Disposal). This will be a required condition of approval. 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 areas shall not be located within a NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 11 OF 30 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. The refuse container is accessed from the parking lot and is visible in order to enhance security for users. The proposed refuse container will not occupy any required parking stalls and screening has been conditioned to conform to Tigard standards previously in this decision. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. The applicant has not submitted a detail of the trash enclosure or refuse container. FINDING: Because the applicant has not provided evidence of compliance with the Mixed Solid Waste and Recyclables Storage design standards, this standard has not been met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: • Submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. • Submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 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 lots associated with this project are directly adjacent to the proposed building, in compliance with this standard. 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 12 OF 30 subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application; therefore this standard is not applicable. 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 proposal is not considered a mixed-use project as it will contain solely office space; therefore this standard is not applicable. Visitor Parking in Multi-Family Residential Developments: Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This project does not involve a residential use. Therefore, this standard does not apply. Preferential Long-Term CarpoolNanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed parking associated with the office development will have 31 parking spaces. The applicant has not furnished information related to the relative number of long term versus short term parking, so staff must assume the total number of spaces may be utilized for long term parking. So, of the total 31 spaces being provided, 1 shall be marked as carpool and/or vanpool spaces for employees and located in accordance with this standard. A condition will be imposed to meet this standard. 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 applicant has indicated that there are 2 ADA handicap spaces provided. According to ORS 447.233, incorporated through reference to the Uniform Building Code (UBC), 2 spaces are required. Final determination of the number of required ADA spaces will be made by the building official during the review of the building permit application. As shown, the site plan appears to be in compliance with the ADA requirements. DEQ indirect source construction permit: All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; or 2. Investigate the feasibility of installing oil and grease separators NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 13 OF 30 This standard is not applicable. 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 proposed access drive is clearly marked, and the parking area provides ample room to facilitate a forward entrance onto the public street. 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. 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. 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. All of the parking spaces measure 18.5 by 8.5 feet exclusive of any bumper overhang. A curb surrounds the parking lot to protect the landscaped areas. 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. The applicant's plans dimension the parking spaces to show that all spaces will fully conform to standard sized spaces. Staff has scaled off from the site plans submitted to confirm that the proposed parking scheme is feasible. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 14 OF 30 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 site plan does not show an area for bicycle racks. This will be required to be shown on the final construction plans. 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 not provided a detail of the bike rack to be used; therefore, staff is unable to confirm that this standard is met. The applicant will need to provide a detail of the proposed bike rack with the building permit submittal. 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. According to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for an office use is 0.5 spaces per 1,000 gross square feet. Based on the proposed 9,881 square foot expansion, the proposed office will be required to add 5 bicycle rack spaces. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for Office Uses is 2.7 spaces per 1,000 gross square feet. For the proposed 9,881 square foot building, 27 spaces are required. The site lies within the Zone A parking area for purposes of calculating maximum number of parking spaces. The maximum allowed parking is 3.4 spaces per 1,000 g.s.f. or 33 spaces. The applicant has proposed 31 spaces in compliance with this standard. 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 15 OF 30 The building is not greater than 10,000 square feet, therefore, this standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully satisfied; however, if the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Prior to issuance of building permits, the applicant shall submit revised site plans that show 1 of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible, second in priority to ADA parking. Prior to issuance of building permits, the applicant shall submit a revised site plan that shows 5 bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. Signs (18.780):,18.780. 130.0 lists the type of allowable signs and sign area permitted in the C-G Zoning District. No specific signs have been proposed with the development application. Therefore all subsequent signage will be reviewed through a Type I process and will be subject to the code standards in effect at the time of application submittal. FINDING: Because tenant signs will be reviewed and approved as part of a separate permit process, this standard has been satisfied. Tree Removal 18.790): Section 18.79 .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. As required, the applicant submitted a tree plan prepared by Terry Flannigan, a certified arborist. According to the arborist's report, there are 12 trees on the site, of which 6 exceed 12 inches in diameter. Of these 6, 3 are considered hazardous and are not subject to mitigation requirements. The remaining 3 trees total 67 inches. Since all the trees are proposed for removal 100% of the caliper inches are required to be replanted. Staff notes that it appears that the spruce tree can be retained with slight modifications to the proposed sidewalk improvements. If the applicant opts for this choice, a tree protection plan prepared by a certified arborist will be required. If the applicant is able to retain this tree, then the mitigation requirements vyould be based on less than 75% of the trees being removed, which requires that only 2/31u of the removed inches be mitigated. Two-thirds of 38 caliper inches is 25 inches. The applicant has not addressed the criteria for the mitigation requirement, so staff must defer to the plans which show that 15 trees totaling 30 caliper inches will be planted. Staff assumes that the proposed trees are all 2-inch caliper (there are no specifications provided). Street trees do not qualify for mitigation. Therefore the 6 trees on site total 12 caliper inches. Depending on whether or not the spruce tree is retained, the applicant's mitigation plan is between 13 and 52 inches deficient. FINDING: The proposed mitigation plan is insufficient to meet this standard. Opportunities exist to preserve additional trees on site which will affect the proportion of mitigation required, but will also necessitate employing the skills of a certified arborist. With the following conditions, this standard can be met. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 16 OF 30 CONDITIONS: • Prior to any site work, the applicant shall install protection measures at the driplines around trees to remain. Should trees not be protected at this stage, the City will assume that these trees are being removed, and mitigation will be calculated on this basis, regardless of whether trees are preserved on site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed by the City Forester. • Prior to issuance of building permits, the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report, and label each as to its size, species, and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention, a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). A final inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree will remain viable. Should work occur on site in violation of the tree protection plan, the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include, but is not limited to, the penalties outlined in TDC Section 18.790.060. The construction documents shall include a notation to that effect. • Prior to final building inspection, the City Forester shall be contacted to conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. • Prior to issuance of building permits, the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site, less the trees deemed hazardous, that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030 (B). Mitigation may consist of trees planted on site (to be shown on the landscape plan and clearly identified as mitigation trees), off-site (subject to property owner and city approval), or a payment in-lieu of planting (currently assessed at $125 per caliper inch). Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030 (B), in addition to any remediation measures, as necessary. • Prior to final building inspection, the applicant shall provide evidence that all the required mitigation has been p lanted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 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 applicant has indicated in the narrative and the site plan that a clear vision area will be maintained between 3 and 8 feet in height at the vehicular access of the property. FINDING: Based on the analysis above, the vision clearance standards have been met. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 17 OF 30 C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards 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 are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Multi Family Exterior Elevations); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: ulti-family Use); 18.360.090.8 (100-year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 Parking); 18.360.090.14 (Landscaping); 18.360.090.15 (Drainage); and 18.360.090.14 (Provision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The proposed building location will provide the greatest separation between the subject site and adjoining properties. While the applicant has proposed removing all the trees on site, the trees are of average to poor quality, with the exception of the spruce tree. Staff has recommended preserving this tree, but required street improvements may make this infeasible. Trees will be replaced as required by the landscaping standards of Chapter 18.745 and 18.630. 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. 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. The applicant has not provided elevation details or floor plans to illustrate where windows will be located. However, the areas most vulnerable to crime are in the interior of the property where the parking area is located, and along the southern edge of the building where low levels of traffic do not provide continual surveillance, as opposed to Pacific Highway. It is a reasonable assumption that windows will be provided out to the parking area, since this is where the primary entrance to the building would be. Nevertheless, to ensure that this standard is met, the applicant will be required to provide windows that face the interior of the property. Wall mounted light fixtures are proposed for the parking area, so this standard is met. FINDING: By imposing the following condition, this standard can be satisfied. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 18 OF 30 CONDITION: Prior to issuance of building permits, the applicant shall submit building elevations that include windows that face the interior parking area. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to an existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The subject site is adjacent to two Tri Met routes (#12 and #95). Tri Met reviewed the proposal and noted that "since current bus stops are located one block away from this property in each direction, are appropriately spaced, and are at marked crossings, we do not propose moving or installing a new stop at Frewing. With this in mind, our only request is that the property's frontage on both Frewing and 99W include accessible pedestrian facilities to allow a safe and convenient connection to the existing bus stops, including a direct link from the office building to the public pedestrian facilities. The plan provided to Tri-Met shows that appropriate facilities are included." Therefore no transit improvements are required for this site, apart from standard pedestrian improvements (i.e. sidewalks). FINDING: Based on the analysis above, this standard is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS Chapter 18:810 provides construction standards tor 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 ortion of an existing street shall be dedicated and improved in accordance with the TDC. Section 18.630.100 references the street and accessway standards from the Recommended Roadway Functional Classification Map and Street Cross Sections in the Washington Square Regional Center Plan. These recommendations shall govern the improvement and construction of major streets within the Washington Square Regional Center. SW Pacific Highway The site is also adjacent to SW Pacific Highway, an ODOT facility, which is classified as a 5 lane arterial. Most of the improvements along the highway are adequate according to ODOT's response. The sidewalk and right-of-way width, however, do not meet City standards. The City's Transportation System Plan calls for 5-lane arterial right-of-way widths in commercial zones to be 104 feet. There is approximately 90 feet presently. An additional 7 feet of right-of- way dedication is necessary. Current City standard for an arterial includes a 5.5 foot planter strip, 10 foot sidewalk and 0.5 foot to ROW line. Because the predominant section of this street has curb tight sidewalks, staff recommends that the applicant provide a 10 foot wide, curb-tight sidewalk and dedicate the additional ROW to the public to provide for future improvements. SW Frewing Street This site lies adjacent to SW Frewing Street, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate 9 feet of ROW. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 19 OF 30 SW Frewing Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half street improvements, providing a minimum of 18 feet of paving from centerline. 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. The existing grade on Frewing Street is less than 5% and the improvements to the street will not alter this grade significantly. The applicant's shall submit a profile of Frewing Street that extends 300 feet beyond the project frontage to the southeast. 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. The applicant has indicated that sidewalks will be constructed along the Frewing Street frontage. There is an existing, curb-tight sidewalk along Pacific Highway. This sidewalk does not meet the City's current standards, which includes a 5.5 foot planter strip and 10 foot sidewalk. Because the sidewalk along Pacific Highway in this area is curb-tight, the applicant shall provide for a total of 10 foot of curb-tight sidewalk. 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 the Unified Sewerage Agency 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. The applicant's utility plan indicates that the existing public sewer is located under the proposed building foot print. The applicant has proposed to relocate the public sewer. The applicant's plan shall show a manhole installed at the northern connection, replacing the existing cleanout. The applicant's plan shall also provide for a 15 foot public utility easement over the length of the line onsite. Storm Drainage: General Provisions: Section 18.810.100.A states 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 the Unified Sewerage Agency in 2000 and including any future revisions or amendments). There are no upstream drainage areas. 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 20 OF 30 Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency 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. The applicant's engineer has submitted calculations that indicate that the net, new impervious surface area is less than 5000 square feet. Therefore, onsite detention is not required. 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. Both Pacific Highway and SW Frewing Street are classified as bicycle facilities. Pacific Highway already has bicycle striping, thereby meeting the criterion. The applicant shall provide for bicycle striping or pay the fee as outlined below. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The striping of the bike lane adjacent to this site should be delayed until more of the roadway is improved. The applicant should contribute funds to the City, however, to cover the cost of the future striping along the SW Frewing street frontage of this site. The amount of the striping would be as follows: • 180 feet of 8-inch white stripe, at $2.50/If $450.00 • 10 Mono-directional reflective markers @ $4.00/ea $ 40.00 • 1 Bike lane legends @ $175/ea $175.00 • 2 Directional mini-arrows @ $100/ea $200.00 $865.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. Frewing Street is classified as a Neighborhood Route and the bike lane width shall be 6 feet. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 21 OF 30 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. There are existing overhead utility lines along the frontage of SW Frewing Street. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 203 lineal feet; therefore the fee would be $7,105.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides water service in this area. The applicant's plan indicates that they will connect to the public system in Pacific Highway. 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. 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. Grading and Erosion Control: CWS besign 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. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 22 OF 30 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. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permits. 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. FINDING: The Street and Utility Improvement Standards have not been met. By meeting the following conditions these standards can be met. CONDITIONS: • Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to cover half street improvements and any other work in the public right-of- way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (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.ci.tigard.or.us). • 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 Engineering Department will delay processing of project documents. • Prior to issuance of the site permit, the applicant shall submit a suite layout map to Shirley Treat, Engineering Department. If the applicant is not sure how many suites will be used, they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat, Engineering). • The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a halt-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 23 OF 30 A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner, as approved by the Engineering Department. • The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk, curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s) with curb and sidewalk. • 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. • A profile of SW Frewing Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. • The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00- 7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. • Prior to issuance of the Site Permit, the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. • Prior to issuance of the Site permit, the applicant shall pay $865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. • Sanitary sewer details shall be provided as part of the Public Facility Improvement (PFI) permit plans. The location and capacity of existing, proposed, and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. • A sanitary sewer manhole shall be installed at the northern most connection to the existing sewer line. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 24 OF 30 • Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. • An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." • Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. • Prior to issuance of the building permit, additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of Pacific Highway (99) to increase the right-of-way to provide for a 10 foot curb-tight sidewalk and an additional 0.5 feet from back of sidewalk to new ROW line. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Rick Reeves, Oregon Department of Transportation, Right-of-Way Section, 123 NW Flanders, Portland, OR 97209-4037; Phone: 731-8461). • Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. • Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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). • The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior to final building inspection. • 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, 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. Staff Contact: Hap Watkins, Building Division. • 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, for the proposed onsite storm water treatment facility. E. 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:" NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 25 OF 30 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. The applicant has provided an impact study addressing the project's impacts on public systems. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the use and the size of the use proposed, the applicant is required to pay TIF's of approximately $37,513. Final TIF payment will be assessed at time of building permit submittal. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $117,228 ($37,513 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $79,715. The value of the right if way dedications is approximately: SW Frewing: 203'x9'=1 ,827 s.f. @ $15 er square foot = $27,405 SW Pacific Highway: 138'x7'=966 s.f. ©$15 per square foot = $14,490 The value of improvements is approximately: SW Frewing: 203 I.f. of street improvement @ $200 I.f.= $40,600 SW Pacific Highway: 138 I.f. of sidewalk @$201.f.=$2,760 l.f.=$2,760 SW Pacific Highway: funds for bike lane striping= $865 The total contributions of this project to the street system is $86,120. While the value of the proposed improvements is greater than the projected impact, the improvements are necessary to meet city requirements, and implement the Transportation System Plan. The level of exaction is within 8% of the total value of the impact and is therefore roughly in proportion. SECTION VII. OTHER STAFF COMMENTS The City of Building Division has reviewed the proposal and note that the north east end of the building will require fire rating and parapets to comply with building code requirements. The City of Tigard Urban Forester has reviewed the proposal and had no objections to the proposal. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 26 OF 30 SECTION VIII. AGENCY COMMENTS Oregon Department of Transportation has reviewed the proposal and provides the following comments: The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated above to determine permit requirements and obtain application information. ODOT has determined there will be no significant impacts to state highway facilities and no additional state review is required. The applicant is advised that a residential development on the proposed site will likely be exposed to traffic noise levels that exceed federal noise guidelines. Builders should take appropriate measures to mitigate this impact. It is generally not the State's responsibility to provide mitigation for receptors that are built after the noise source is in place. ODOT recommends that the applicant be required to submit a traffic impact analysis assessing the impacts of the proposed use on the State highway system. The analysis shall be conducted by a Professional Engineer registered in Oregon. Contact the ODOT traffic representative identified above to scope the study. PROPOSED ACCESS TO STATE HIGHWAY Site access to the state highway is regulated by OAR 734.51. Until the ODOT approach permit review has been completed, we cannot make a determination on the number, location or design of the proposed approach(es) to the highway. ODOT is not obligated to provide additional approaches to the state highway for new parcels created through partition. If shared access is required by ODOT, the applicant would need to establish crossover easements or service roads between the new parcels to facilitate a shared approach. ODOT has conditionally approved the highway approach location(s) based on the specific site plan and uses identified in the applicant's approach road permit application. The locally approved site plan and uses must be consistent with the site plan and uses identified for the ODOT permit in order for the ODOT conditional permit approval to remain valid. If the site plan or proposed uses are modified, the conditional access approval may be invalidated and no permit issued by ODOT. RECOMMENDED LOCAL CONDITIONS OF APPROVAL Curb, sidewalk and bikeways shall be constructed consistent with the local Transportation System Plan and Regional Transportation Plan (if applicable) to current local, ODOT/ADA standards to provide pedestrian and bicycle access to the site. Right-of-way dedication as necessary to accommodate the planned cross section identified in the Transportation System Plan shall be provided through deed to the Oregon Department of Transportation. An ODOT Approach Road Permit shall be obtained for access to the state highway for the proposed use. An ODOT Miscellaneous Permit is required for all work in the highway right-of-way. An ODOT Drainage Permit is required for connection to state highway drainage facilities. Connection will only be considered if the site's drainage naturally enters OD OT right-of-way. The applicant must provide ODOT District with a preliminary drainage plan showing impacts to the highway right-of-way. NOTICE OF TYPE H DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 27 OF 30 A drainage study prepared by an Oregon Registered Professional Engineer is usually required by ODOT if total peak runoff entering the highway right-of-way is greater than 1.77 cubic feet per second; or the improvements create an increase of the impervious surface area greater than 10,758 square feet. Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and offered the following comments: Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 3) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested. (Design criteria on back) (UFC Sec. 902.2.2) 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) — (See diagrams on back) 5) Where required, fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red or black on yellow background. (UFC Sec. 901.4.5.2) 6) The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3) 7) No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants. (UFC Sec. 903.4.2.1) 8) The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1) Considerations for placing fire hydrants shall be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants; however, hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 28 OF 30 • Hydrants that are separated from the subject building by divided highway, freeway, or heavily traveled collector streets shall not contribute to the required number of hydrants. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Chief. • Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. Exce tion: The use of hydrants located on other private property may be considered I t eir ocations and access are encumbered in a legal document (such as deed restriction) by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. • When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s) to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1) 9) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 10) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 11) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901 .4.3) 12) A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 13) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 14) A building survey and plans, in accordance with TVF&R Ordinance 99-01, Appendix III-F, shall be submitted. A copy of Appendix III-F, the building survey form and the instructions are available on the Fire District web site at www.tvfr.com. (UFC Appendix Ill-F) 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 NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 29 OF 30 Final Decision: THIS DECISION IS FINAL ON MAY 7, 2004 AND BECOMES EFFECTIVE ON MAY 22, 2004 UNLESS AN APPEAL IS FILED. Appeal: 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 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 21, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. May 7, 2004 PREPARE BY: Morg Tracy DATE Associate Planner CCU �i May 7, 2004 APPROVED BY: Rich..rd H. Bewersdorff DATE Planning Manager :\curpin\morgan\workspace\sdr\sdr2004-00001 (massih)1sdr2004-00001 decision.doc NOTICE OF TYPE II DECISION SDR2004-00001/MASSIH OFFICE BUILDING PAGE 30 OF 30 �y ���_ �-.� _�.___ CITY of TIGARD >/ �/ GEOGRAPHIC INFORMATION SYSTEM hi, 4-„‘" tidF VICINITY MAP lk,4 r SDR2004-00001 MASSIH OFFICE 4% 4 ,, ♦ BUILDING &.4 # e # „, , #. , .. \ 441,144 0 - , , �iy/\ nv rx+s E?R,,,,, ..„-* ,<„--„, .,..,, ,,,,,,.. : _ r, f:i . , I i , +Ills j /. BEEF BED%, .. lik mac, Tigard Area Map F RK ST • t N I0 100 200 i 300 400 Feet 1=313 feet i4. G QC7 , City , Tigard Q l)tebl _ location' should betvenf edhvAt the 15Development Serwces Division. 13125 SW Hall Blvd 1 0 ..,i� ' Tigard,OR 97223 503 639-4171 (F' ( I A h .//wiw.ci ligard.or.us Community Development Plot date:Mar 4,2004;C:\magic1MAGIC03.APR / \ / I REANOVE Ex. DRIVEWAY W.7 CONSTRUCT 25 lF Of - i CURB IND SCOW( / ; i PER DETA4, SNNEET S I 4k0 */dill i' . / 14►` / PLACE aar It of I • `( /: * SEDd1FNTATKON FENCE • II ` \ / , s-.`y 1 BEGIN NEW CURB. /.:. SAW=l€ REA3E1( �� /�J 6597 SF r� . ,w- %% •��."•.TL 2900 . EX AC. 1 NSOE ! l R�ZOO.G ►.� EDGE OF PAbd1ENT ' .q, CONSTRUCT 30' �r `?�� ? U CURVE AND RAMP /= i/ �'f � `'�{ � . 7 DETAIL. 5 /,��0, . :f1 , _ / / 4� // i ,gelp ,.,.- -1 ,, ._. Iv , /. CIE w l ' 'K'. . �� j /. !+ l I e. , � t v t•�' I R I jI /je,:t. "- .,....-.. N.I.,,,.. .1. r < j I \ ~� . �... s l�/ I '. 11/' , , • ♦ '1L0' x.:;;,. �:- / 10.7 WM=M/K 1 / •. � /' TL 3200 / / ',.,..,l''''.r. '''S. / y-- --- / CATCH BASINS PER 1 v `N r DETAIL.IBIS SHEET ;s \ y .� I. N. CITY __ CITY OF TIGARD I SDR2004-00001 OF SITE PLAN N MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) (Map is not to scale) EXHIBIT. 13 Massih, LLC SDR2004-00001 1831 SW Dickinson Ln MASSIH OFFICE BUILDING Portland, OR 97219 Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway "NOTICE OF DIRECTOR'S DECISION" Beaverton, OR 97005 Dr. Kamelia Massih PO Box 108 Beaverton, OR 97075 Welkin Engineering, P.C. Attn: Ed Christensen, P.E. 8000 SW Pfaffle Street Portland, OR 97223 Marah Danielson ODOT, Region 1 123 NW Flanders Street Portland, OR 97209 Ben Baldwin, Project Planner Tri-Met 710 NE Holladay Street Portland, OR 97232 I , A.i. AFFIDAVIT OF MAILINGFnTI„. G CITY OF Community Development SkapingA Better Community I, Patricia L. Luns{ord, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) E3 NOTICE OF DECISION FOR: SDR2004-00001/MASSIH OFFICE BUILDING ❑ AMENDED NOTICE (File No./Name Reference) 71 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 May 1,2004, and deposited in the United States Mail on Mal,2004, postage prepaid. I t((/_ip I /A „Av-I. of Zi.-/ (Person that P -pared Notice i S7A2E OF ogabiEgow County Washington )ss f City Subscribed and sworn/affirmed before me on the i 10 day of , 2004. "Z.**, OFFICIAL SEAL S SUE ROSS f®,,.iSir NOTARY PUBUC-OREGON COMMISSION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 NOTARY U lC OF R GON r 1 My Com - on Expires: 101- EXHIBIT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2004-00001 CITY OF TIGARD Community(Development MASSIH OFFICE BUILDING Shaping (Better Community 120 DAYS = 6/29/2004 SECTION I. APPLICATION SUMMARY FILE NAME: MASSIH OFFICE BUILDING CASE NO.: Site Development Review (SDR) SDR2004-00001 PROPOSAL: The applicant is requesting Site Development Review for a 9,881 square foot, two story professional-commercial office building on an approximately 1/2 acre site. The existing dwellings will be demolished. OWNER: Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway PO Box 108 Beaverton, OR 97075 APPLICANT: Welkin Engineering Attn: Ed Christensen, P.E. 8000 SW Pfaffle Street Portland, OR 97223 LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Hwy; WCTM 2S102CB, Tax Lots 2800 & 2900 ZONE: C-G: General Commercial. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single- family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 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 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 MAY 7, 2004 AND BECOMES EFFECTIVE ON MAY 22, 2004 UNLESS AN APPEAL IS FILED. Appeal 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 21, 2004. I Questions: For further information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 4S-4-1' :-:,,:lrilrIfir :. . • ///... -, . 11114:11111TY MAP ,� SDR2004-00001 1# . �• ,` MASSIH OFFICE ,:-'� **8 , BUILDING i, e 40 • 4.VA 4 , k41 , .011414 : _ ., % A .4. ii4idi of :"1 �_�\ - 4 s?l : .ten a� — - / / C • ' _ ,�eiP dil. SV * /\\Odt Al 01.1••■•••••••.ftwoolio.oll■Ma � IMMOMMIIIMI ..r.e, dam:-.. N"..//// 7� . / �6 , ,� ■NV Val e,-, /< ;/ �, A.,, Ai/F.1v,, ' .. ...m.1,41*. : /\,, , ,- ®„ CITY OF TIGARD t SDR2004-0000 I SITE PLAN N MASSIH OFFICE BUILDING(PACIFIC PARK PLAZA) (Map ie not to scale( _. AFTER FIVE LLC DAVIDSON WILLIAM G&DIXIE L EXHIBIT 6 10330 SW TUALATIN RD 8915 SW COMMERCIAL TUALATIN, OR 97062 TIGARD,OR 97223 2 02BD-02800 2S102BD-01601 AFT Fl LLC DAVIDSON WILLIAM G&DIXIE L 1033 TUALATIN RD 8915 SW COMMERCIAL ST ALATIN, 97062 TIGARD,OR 97223 2S102CB-03302 2S102CA-00301 BERTOLINO RONALD G AND FINKE ALEX TRUSTEE VAN LOM JOSEPH M FINKE LOTTE I TRUSTEE 1304 NW 120TH PLACE PO BOX 23562 PORTLAND,OR 97229 PORTLAND,OR 97281 2S1028D-02200 2S102BD-02500 BUSCHA HELMUT AND ERIKA GRANT STREET APARTMENTS LLC 6215 SW 41ST AVE 31 GREENRIDGE CT PORTLAND, OR 97221 LAKE OSWEGO,OR 97035 2S10280-02400 2 S 102 B D-01100 CAMPBELL SANDRA RAE HARDY GERALD T 12820 SW GRANT AVE PO BOX 86276 TIGARD, OR 97223 PORTLAND,OR 97286 2S102CB-02500 25102BD-02201 CNL FUNDING 2000-A LP HEKIMIAN INC&RF INVESTMENTS& PO BOX 1671 LANG RICHARD L&CHRISTINE H ORLANDO, FL 32802 BY RANDALL CONSTRUCTION CO INC 9500 SW BARBUR BLVD STE 300 PORTLAND,OR 97219 102CB-0240. 2S1028D-01900 CN U G 2000-A LP HENDERSON MARILYN DOROTHEA PO :1•' .71 JENSEN HUDSON TRUSTEE •-LANDO, • 32802 11795 SW KATHERINE ST TIGARD,OR 97224 2 S 102 B D-02000 2 102C B-03101 COMET CORPORATION HE •ERSO■ ARILYN DOROTHEA BY WSCO PETROLEUM#225 JENS• DSON TRUSTEE 2929 NW 29TH 117•• S + ATHERINE ST PORTLAND, OR 97210 GARD,OR 224 •102BD-02101 2S102CA-00210 C•• ET CO- RATION HENDERSON RANDALL L&JANE A BY : PETROLEUM#225 13235 SW ASH DR 29 • ■ 9TH TIGARD,OR 97223 PORTLAND, OR 97210 2S102CB-03301 2S102B0-02600 DARROW DON S KIM PENNEY 9952 SW FREWING ST 395 NW SILVERADO DR TIGARD, OR 97223 BEAVERTON,OR 97006 2S102BD-02100 2S102CB-03400 LIM KYUNG S SAXONY-PACIFIC LLC 2006 SE 11TH BOX 23562 PORTLAND,OR 97214 PORTLAND,OR 97281 2S102CB-03200 2 102CA-00300 MASSIH LLC S Y- CIFIC LLC 1831 SW DICKINSON LN BO PORTLAND,OR 97219 RTLAND, R 97281 2 102CB-029x! 2S102BD-03200 MA IH C SHULERGARY 183 DICKINSON LN 30790 NE FERNWOOD ••RTLAN►,OR 97219 NEWBERG,OR 97132 -102CB-02810 2S102CB-03100 MA C SUSNJARA MARKO A 183 : CKINSON LN 16225 NE EUGENE CT ••RTLAND,OR 97219 PORTLAND,OR 97230 2S102CB-03401 2S102BD-01600 MCDANIEL MITZI L& TIGARD COMMUNITY METHODIST PRITCHARD ANTON B CHURCH 10045 SW GARRET ST 9845 SW WALNUT TIGARD,OR 97281 TIGARD,OR 97223 2S102BD-03100 2 02CA-00190 MIDAS PROPERTIES INC TIG• -D COM - ITY METHODIST REAL ESTATE ACCOUNTING DEPT CHUR 1300 ARLINGTON HEIGHTS RD 984 : NUT ITASCA, IL 60143 ARD,OR 9 •23 2S102CA-00211 2S102CB-02301 PESSIA PERRY J&PHYLLIS L TIGARD MEDICAL CENTER 13225 SW ASH DR 13200 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 2S102CB-03504 2S102CB-00200 RIRIE LIVING TRUST TIGARD-TUALATIN SCHOOL BY DAVID L&MARY LOUISE RIRIE TRS DISTRICT 23J 14920 SW 133RD AVE 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 2S102CA-01100 102CB-00100 ROYAL OAKS DEVELOPMENT CO TI •RD-TU• ••TIN SCHOOL 10125 SW MURDOCK ST DIST• 3J TIGARD,OR 97224 6960 :n ANDBURG ST T ARD,O' ' 223 102CA-010•• 2S102BD-01200 RO • ••KS DEVELOPMENT CO TOSCO CORPORATION 101 : URDOCK ST PROPERTY TAX DEPT-DC17 T ARD,OR • 224 PO BOX 52085 PHOENIX,AZ 85072 2S102CB-03000 TRAIN ARTHUR& CLINE MARY E 12990 SW PACIFIC HWY TIGARD,OR 97223 2S102B11-02900 TRUCK TERMINALS 15965 NW TULLAMORRIE WAY PORTLAND,OR 97229 2 102BD-030I: TRU RMINALS INC 159.. ' TULLAMORRIE WAY •RTLAND, `R 97229 2S102CB-02700 WALTER ANGELA D 2863 RIVERWALK LP EUGENE,OR 97401 2 102CB-02600 WA ER GELA D 2863 RWALK LP GENE,O 97401 2S 02CB-03300 WAL - ELA D 2863 ' 'WALK LP ENE, O' 97401 2S102CB-03402 WINTER SUSAN 10025 SW GARRETT ST TIGARD, OR 97223 Josh Thomas CPO 4B 10395 SW Bonanza 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH CIT SUBCOMMITTEE (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 23-Feb-04 AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL mm__ IIIPCIRTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THATIWAS POSTED ON%"'SHE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: SDR2004-00001 Land Use File Name: MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) I, Morgan Tracy, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) 1' C 94✓ riViAJ and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected to ritory, a copy of said notice being hereto attached and by reference made a part hereof, on the day of , 2004. Signature of Person Who Performed Posting (In the presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. Subscribed and sworn/affirmed before me on the day of , 20 NOTARY PUBLIC OF OREGON My Commission Expires: h.\login\patty\masters\affidavit of posting for applicant to post public hearing.doc MASSIN OFFICE BUILDING . [PACIFIC PARK PLAZA] SITE DEVELOPMENT REVIEW (SDR) 2004-0000 I REQUEST: The applicant is requesting Site Development Review approval tr‘ construct a 9,881 square foot, two-story professional-commercial office building on a. . approximately half-acre site. The existing dwelling units will be demolished. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, ar . gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. Further information may be obtained from the Planning Division (staff contact: Morgan Tracy, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by e-mail to morgan(a�ci.tigard.or.us. 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. 0 AFFIDAVIT OF MAILINP CITY OF TIOARD Community(Development ShapingA Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropnate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: SDR2004-00001/MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) IAMENDED NOTICE (Fi)e No/Name Reference) Z 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 8,2004, and deposited in the United States Mail on March 8,2004, postage prepaid. r , Ai . L 4..k_ —Ad Mil617Z `% (Person thatPared Notice)/ STATE OAF OvGON ) County f Washington )ss City of?:gard ) . Subscribed and sworn/affi ed before me on the -=2 / day of A//LA_ , 2004. > OFFICIAL SEAL 1 ''�'*�` J BENGTSON // NOTARY PUBLIC-OREGON /��A I i COMMISSION NO.368086 ( MY COMMISSION EXPIRES APR.27,2007 ' I i ' ' ' I ; I I I ' My Commission Expires: `/_/,?-- 7 0 7 NOTICE TO MORTGAGEE, LIEN DER,VENDOR OR SELLER: EXHIBIT_ THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTIC E OF PENDING LAND USE APPLICATION , SITE DEVELOPMENT REVIEW CIT� iY OF TI GARD Community cDeve(opme Shaping A Better Community DATE OF NOTICE: March 8, 2004 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2004-00001 Type II Land Use Application FILE NAME: MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) PROPOSAL: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. 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 22, 2004. All comments should be directed to Morgan Tracy, Associate 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 morgan(a.ci.tigard.or.us. 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 20, 2004. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT 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. . • 0 • 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 SUBMITTED WRITTEN 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. 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." g r 40-a • naNtnr nap •• •♦ ,� •. SDR2004 00001 ►. �.�r � w� � ,` MASSIH OFFICE K ,>'"_ , ` ' BUILDING. 44*, iok i 1., /W . ____*,,e,,.% \‘*,',.;," .1•.:1■111, , ,,, 111:0411.„4 :__ I.: -.. __ - gr . T / *kittr:• . ,, N `117,1, Ill-Vt.• 4 4,,,,,,,,, A 11 itipp---vir. 2S102BD-02700 2S102BD-01700 EXHIBIT AFTER FIVE LLC DAVIDSON WILLIAM G&DIXIE L 10330 SW TUALATIN RD 8915 SW COMMERCIAL TUALATIN,OR 97062 TIGARD,OR 97223 2 02BD-02800 2S102BD-01601 AFT Fl LLC DAVIDSON WILLIAM G&DIXIE L 1033 TUALATIN RD 8915 SW COMMERCIAL ST ALATIN, 97062 TIGARD,OR 97223 2S102CB-03302 2S102CA-00301 BERTOLINO RONALD G AND FINKE ALEX TRUSTEE VAN LOM JOSEPH M FINKE LOTTE I TRUSTEE 1304 NW 120TH PLACE PO BOX 23562 PORTLAND,OR 97229 PORTLAND,OR 97281 2S102BD-02200 2S102BD-02500 BUSCHA HELMUT AND ERIKA GRANT STREET APARTMENTS LLC 6215 SW 41ST AVE 31 GREENRIDGE CT PORTLAND,OR 97221 LAKE OSWEGO,OR 97035 2S102BD-02400 2S102BD-01100 CAMPBELL SANDRA RAE HARDY GERALD T 12820 SW GRANT AVE PO BOX 86276 TIGARD,OR 97223 PORTLAND,OR 97286 2S102CB-02500 25102BD-02201 CNL FUNDING 2000-A LP HEKIMIAN INC&RF INVESTMENTS& PO BOX 1671 LANG RICHARD L&CHRISTINE H ORLANDO, FL 32802 BY RANDALL CONSTRUCTION CO INC 9500 SW BARBUR BLVD STE 300 PORTLAND,OR 97219 1 02C B-0240 1 2S102BD-01900 CN U G 2000-A LP HENDERSON MARILYN DOROTHEA PO .71 JENSEN HUDSON TRUSTEE •-LANDO, ' 32802 11795 SW KATHERINE ST TIGARD,OR 97224 2S102BD-02000 2 102CB-03101 COMET CORPORATION H •ERSO. ARILYN DOROTHEA BY WSCO PETROLEUM#225 JENS' DSON TRUSTEE 2929 NW 29TH 117•. S •THERINE ST PORTLAND,OR 97210 GARD,OR ' 224 102BD-02101 2S102CA-00210 C. ET CO"•RATION HENDERSON RANDALL L&JANE A BY % PETROLEUM#225 13235 SW ASH DR 29 • * 9TH TIGARD,OR 97223 PORTLAND,OR 97210 2S102CB-03301 2S1028D-02600 DARROW DON S KIM PENNEY 9952 SW FREWING ST 395 NW SILVERADO DR TIGARD,OR 97223 BEAVERTON,OR 97006 • 2S102BD-02100 2S102CB-03400 I LIM KYUNG S SAXONY-PACIFIC LLC 2006 SE 11TH BOX 23562 PORTLAND,OR 97214 PORTLAND,OR 97281 2S102CB-03200 2 102CA-00300 MASSIH LLC S Y- CIFIC LLC 1831 SW DICKINSON LN BO PORTLAND,OR 97219 RTLAND, R 97281 2 102CB-029 2S102BD-03200 MA IH C SHULER GARY 183 DICKINSON LN 30790 NE FERNWOOD RTLAN ,OR 97219 NEWBERG,OR 97132 102C B-028 2S102CB-03100 MA C SUSNJARA MARKO A 183 CKINSON LN 16225 NE EUGENE CT RTLAND,OR 97219 PORTLAND,OR 97230 2S102CB-03401 2S102BD-01600 MCDANIEL MITZI L& TIGARD COMMUNITY METHODIST PRITCHARD ANTON B CHURCH 10045 SW GARRET ST 9845 SW WALNUT TIGARD,OR 97281 TIGARD,OR 97223 2S102BD-03100 2 02CA-00190 MIDAS PROPERTIES INC TIG• -D COM - ITY METHODIST REAL ESTATE ACCOUNTING DEPT CHUR 1300 ARLINGTON HEIGHTS RD 984 :' NUT ITASCA,IL 60143 ARD,OR 9 '23 2S102CA-00211 2S102CB-02301 PESSIA PERRY J&PHYLLIS L TIGARD MEDICAL CENTER 13225 SW ASH DR 13200 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 2S102CB-03504 2S102CB-00200 RIRIE LIVING TRUST TIGARD-TUALATIN SCHOOL BY DAVID L&MARY LOUISE RIRIE TRS DISTRICT 23J 14920 SW 133RD AVE 6960 SW SANDBURG ST TIGARD,OR 97224 TIGARD,OR 97223 2S102CA-01100 102C8-00100 ROYAL OAKS DEVELOPMENT CO TI RD-TU• •• IN SCHOOL 10125 SW MURDOCK ST DIST- 3J TIGARD,OR 97224 6960 :A ANDBURG ST T ARD,O' • 223 102CA-010 2S102BD-01200 RO KS DEVELOPMENT CO TOSCO CORPORATION 101 S URDOCK ST PROPERTY TAX DEPT-DC17 T ARD,OR 224 PO BOX 52085 PHOENIX,AZ 85072 • 2S102CB-03000 t I TRAIN ARTHUR& CLINE MARY E 12990 SW PACIFIC HWY TIGARD,OR 97223 2S102BD-02900 TRUCK TERMINALS 15965 NW TULLAMORRIE WAY PORTLAND,OR 97229 2 102BD-030 TRU RMINALS INC 159 TULLAMORRIE WAY RTLAND, R 97229 2S102CB-02700 WALTER ANGELA D 2863 RIVERWALK LP EUGENE,OR 97401 2 102CB-02600 WA ER GELA D 2863 RWALK LP GENE,0 97401 2S 02CB-03300 WAL . ELA D 2863 r " 'WALK LP ENE,O' •7401 2S102CB-03402 WINTER SUSAN 10025 SW GARRETT ST TIGARD,OR 97223 WELKIN ENGINEERING, P.C. ATTN: ED CHRISTENSEN, P.E. 8000 SW PFAFFLE STREET PORTLAND, OR 97223 DR. KAMELIA MASSIH 11020 SW BEAVERTON HILLSDALE HIGHWAY BEAVERTON, OR 97005 DR. KAMELIA MASSIH PO BOX 108 BEAVERTON, OR 97075 t 0 Josh Thomas CPO 4B 10395 SW Bonanza 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH CIT SUBCOMMITTEE (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 23-Feb-04 r „ 7' 'I�w, CITY of TIGARD �e'` ,Ya/� GEOGRAPHIC INFORMATION SYSTEM (500') 4110 . . FOR: K.C. liee• 41V RE: Updated Mailing List • for SDR2004-00001 . %OP' ``' ► 40* 731816001706 73)07e111611 44‘ M 12100,000 q C"1", 0- Property owner information t valid for i months from j �` the date printed on this map. /'� 731070863'01 manon6 • 7s107ce67666 ..B7c66. ♦ 2S10/280160B`♦� B7ea6 4. 4,,, t5lOnry11 ♦ V 751070607,00 \.:01 F G mam uw • mane / • I e% 41110. 7.i \ maewsM ,..,,es �j, -�6anayY 0 751070687701 , G �\,.i 7.-te,401111111111 . . N KST / x ,670687001 % 25102:1035114 \ 0 100 200 300 400 Feet 111101 7S\ nt67c6676e7 \ P=284 feet i 41111 A 41111111 '11101t.00 le Aj, i, • G ' City of Tigard . �0 , should be verified with map thei5Developnentl Servll ces DivisionQ 13125 SW Hall Blvd Ilk ' Tigard,OR 97223 ,` (503)6394171 �` _�J� http://www.ci.ligard.or.us ■ Community Development Plot date:Mar 8,2004;C:\magic\MAGIC03.APR • 2S102BD-02700 25102BD-01700 AFTER FIVE LLC DAVIDSON WILLIAM G& DIXIE L 10330 SW TUALATIN RD 8915 SW COMMERCIAL TUALATIN, OR 97062 TIGARD,OR 97223 2 02BD-02800 2S102BD-01601 AFT Fl LLC DAVIDSON WILLIAM G& DIXIE L 1033 TUALATIN RD 8915 SW COMMERCIAL ST ALATIN, 97062 TIGARD,OR 97223 2S102CB-03302 2S102CA-00301 BERTOLINO RONALD G AND FINKE ALEX TRUSTEE VAN LOM JOSEPH M FINKE LOTTE I TRUSTEE 1304 NW 120TH PLACE PO BOX 23562 PORTLAND, OR 97229 PORTLAND,OR 97281 2S102BD-02200 2S102BD-02500 BUSCHA HELMUT AND ERIKA GRANT STREET APARTMENTS LLC 6215 SW 41ST AVE 31 GREENRIDGE CT PORTLAND, OR 97221 LAKE OSWEGO, OR 97035 2S102BD-02400 2S102BD-01100 CAMPBELL SANDRA RAE HARDY GERALD T 12820 SW GRANT AVE PO BOX 86276 TIGARD, OR 97223 PORTLAND, OR 97286 2S102CB-02500 2S102BD-02201 CNL FUNDING 2000-A LP HEKIMIAN INC&RF INVESTMENTS & PO BOX 1671 LANG RICHARD L&CHRISTINE H ORLANDO, FL 32802 BY RANDALL CONSTRUCTION CO INC 9500 SW BARBUR BLVD STE 300 PORTLAND,OR 97219 102CB-02401 25102BD-01900 CN U G 2000-A LP HENDERSON MARILYN DOROTHEA PO =r ' .71 JENSEN HUDSON TRUSTEE •-LANDO, '. 32802 11795 SW KATHERINE ST TIGARD,OR 97224 2 S 102 B D-02000 2 102 C B-03101 COMET CORPORATION HE PERSO■ ARILYN DOROTHEA BY WSCO PETROLEUM#225 JENS' DSON TRUSTEE 2929 NW 29TH 117•• S + ATHERINE ST PORTLAND, OR 97210 GARD,OR 1,7224 -102BD-02101 2S102CA-00210 C•' ET CO-••RATION HENDERSON RANDALL L&JANE A BY . PETROLEUM#225 13235 SW ASH DR 29 • + 9TH TIGARD,OR 97223 PORTLAND,OR 97210 2S102CB-03301 2S102BD-02600 DARROW DON S KIM PENNEY 9952 SW FREWING ST 395 NW SILVERADO DR TIGARD, OR 97223 BEAVERTON, OR 97006 A 2S102BD-02100 2S102CB-03400 LIM KYUNG S SAXONY-PACIFIC LLC 2006 SE 11TH BOX 23562 PORTLAND, OR 97214 PORTLAND,OR 97281 2S102CB-03200 2 102CA-00300 MASSIH LLC SA Y-••CIFIC LLC 1831 SW DICKINSON LN BO • PORTLAND, OR 97219 -•RTLAND, •R 97281 2 102CB-0290! 2S102BD-03200 MA` IH C SHULER GARY 183 DICKINSON LN 30790 NE FERNWOOD -•RTLAN►, OR 97219 NEWBERG,OR 97132 2 102CB-0281• 2S102CB-03100 MA C SUSNJARA MARKO A 183 CKINSON LN 16225 NE EUGENE CT ••RTLAND, OR 97219 PORTLAND, OR 97230 2S102CB-03401 2S102BD-01600 MCDANIEL MITZI L& TIGARD COMMUNITY METHODIST PRITCHARD ANTON B CHURCH 10045 SW GARRET ST 9845 SW WALNUT TIGARD, OR 97281 TIGARD,OR 97223 2S102BD-03100 2. 02CA-00190 MIDAS PROPERTIES INC TIG••D COM - ITY METHODIST REAL ESTATE ACCOUNTING DEPT CHUR 1300 ARLINGTON HEIGHTS RD 984 : NUT ITASCA, IL 60143 ARD,OR 9 •23 2S102CA-00211 2S102CB-02301 PESSIA PERRY J & PHYLLIS L TIGARD MEDICAL CENTER 13225 SW ASH DR 13200 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 2S 102 C B-03504 2S 102C B-00200 RIRIE LIVING TRUST TIGARD-TUALATIN SCHOOL BY DAVID L&MARY LOUISE RIRIE TRS DISTRICT 23J 14920 SW 133RD AVE 6960 SW SANDBURG ST TIGARD, OR 97224 TIGARD,OR 97223 2S102CA-01100 102CB-00100 ROYAL OAKS DEVELOPMENT CO TIG RD-TU' TIN SCHOOL 10125 SW MURDOCK ST DIST- 3J TIGARD, OR 97224 6960 :A ANDBURG ST T ARD.0- ' 223 -102CA-010•. 25102BD-01200 RO ••KS DEVELOPMENT CO TOSCO CORPORATION 101 :St• URDOCK ST PROPERTY TAX DEPT-DC17 T ARD, OR • 224 PO BOX 52085 PHOENIX,AZ 85072 A 2S102CB-03000 TRAIN ARTHUR& CLINE MARY E 12990 SW PACIFIC HWY TIGARD, OR 97223 2S102BD-02900 TRUCK TERMINALS 15965 NW TULLAMORRIE WAY PORTLAND, OR 97229 2 102 B D-030 I s TRU • RMINALS INC 159.. • TULLAMORRIE WAY •RTLAND, ∎R 97229 2S102CB-02700 WALTER ANGELA D 2863 RIVERWALK LP EUGENE,OR 97401 2 102CB-02600 WA ER GELA D 2863 RWALK LP GENE,O 97401 2S 02CB-03300 - WAL - • ELA D 2863 7 -WALK LP • ENE, O' 97401 2 S 102 C B-03402 WINTER SUSAN 10025 SW GARRETT ST TIGARD, OR 97223 Josh Thomas CPO 4B 10395 SW Bonanza 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH (IT SUBCOMMITTEE (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 23-Feb-04 Mar 05 04 04: 33p Welkin Engineering P. C. 504598- 1868 p. 1 _03/05/2004 15:09 FAX 5036847 City of Tigard 003 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW NAIS BOULEVARD CITY OF(Devi o TIGARD, OREGON 97223 Community rDevefopment NOME 503-639-4111 fAL 503-684-7297 (Attu_ Patty/Planning) SFapitjglt�etrer�bmmunity RitOU F'OR NO.F-OOT PR.OPE-RTY .N.G LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 18134AB, Tax Lot 00100)OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: 25 102 G$ TL' 2:s.00 ZgpO f 3Zoo INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: 2 (NOTE A minimum of 2 sets of labels will be provided(unless only holding a neighborhood meeting at this time) to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting,you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 months from this request. NAME OF X request.) //�, F CONTACT PERSON: C PHONE: ,3 j —/ems ' This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of our request, the contact person will be called to pick up their request that will be placed in 'Will Call by their last name, at the Community Development Reception Desk. 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: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multi, the cost to .Tint one set of labels b the number of sets r•.uested. I *EXAMPLE* COST FOR THIS REQUEST 4 sheets of labels x$2/sheet=$8.D0.x 2 sets= $16.00 ,�sheet(s)of labels x$2/sheet=$ w' x ,R sets= __ 2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 / sheet(s)of labels x$2/sheet for CIT area=$ ti x �sets= GENERATE LIST =m0Q GENERATE LIST = - TOTAL =$31.00 TOTAL = 5° /' ' - PRE-APP.HELD BY: • CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File# ;I)42.6Z -t)3oo I Other Case# �� ?- 3- 66 6g Date I /)I 3 By Receipt# —vr'°0'7 City D 1 Urb Date Complete 1 , TYPE OF PERMIT YOU ARE APPLYING FOR ❑ AdjustmentNariance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (Ill) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑Zone Ordinance Amendment(IV) ❑ Historic Overlay (II or III) Et Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LUCA I ION WHERE PROPOSED AU I IVI I Y WILL OCCUR(Address it available) 1V� Cv.ic c4 4 Ft:,f u. t SW Fmk" S4-- I AX MAP& I AX LO I NOS. V C-z .L6 ; 2-3 0 0 , "2-100, 32-c' TOTAL SI I E SIZE ZONING CLASSIFICAI ION ''1L 0414- CoWWlue-e4M APPLIUAN I' Ic n eIIc H 4551 L MAILING ADDRESS/ell Y/S IA I E/LIP P Q - 5ox tog g7O-7 PHONE NO. FAX NO. 4-03 c 7 503- 6,(p ? 33 (� PRIMARY CON fAC f PERSON PHONE NO. CI 4: , rJ t lic2n C-441i vucrivil (.c 3) 5 1 g 1 k, PROPER I Y OWNER/DEED HOLDER(Attach list it more than one) MAI IN(.ADDRESSING/STATE/LIP -a55 - 0- Gal. (01 c8 u-,U�e A q70— 7` PHONE NO. FAX NO. 503-52(0- q(aq 5D3 -(0 •(t-t- E 3 *When the owner and the applicant are different people, the applicant must be paf purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. Theners 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) jj NV(.411 Y1LU4- C ft -I 5�'1 1 -i-Iux; - 5.{-tir 1 f Y G f CS m ic, LoIw ur c4e`,l Lki; �v�3 Cif- c �- PCi✓kIk1L / v -CI al .c 541444 etvtd t'attil,4WYI a ic.j-u.w t bt"SI APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. 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. ,/ 2 /31 (o 3 • er's Signature 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 Deeds • 1 , ��� Relit National Title Company of Oregon A PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company of Oregon reports that it is prepared to issue, or cause to be issued, as of the specified date, a Policy or Policies of Title Insurance describing the land and the estate or interest described, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of the Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report is for the exclusive use of the parties to the contemplated transaction, and the company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the company reserves the right to amend or supplement this preliminary report. • Ira Fidelity National Title Company of Oregon nn 8564 SW Apple Way '9 Portland, OR 97225 (503) 292-8777 a FAX (503) 292-8848 PRELIMINARY REPORT ESCROW OFFICER: Ina M. Carver ORDER NO.: 04-44600-28 TITLE OFFICER: James A Parker TO: Classic Realty ATTN: Toni Jones 8720 SW Tualatin Road #121 Portland, OR 97062 OWNER/SELLER: Herman O. Keerins & Patricia E. Keerins BUYER/BORROWER: Kamelia Massih PROPERTY ADDRESS: 13000, 13020 SW Pacific Hwy., and 9965 SW Frewing Street, Tigard, OR 97223 EFFECTIVE DATE: June 21, 1999, 05:00 P.M. 1 . The policy and endorsements to be issued and the related charges are: AMOUNT PREMIUM Owner's Standard 420,000.00 1,195.00 Government Service Charge 35.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Herman 0. Keerins and Patricia E. Keerins, as tenants by the entirety 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF TIGARD, IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF JJ\JJ 06/28/1999 • Order No. 04-44600-28 EXHIBIT "ONE" PARCEL I A portion of Lot 21, FREWING'S ORCHARD TRACTS, in the City of Tigard, Washington County, Oregon, described as follows: Beginning on the Northwesterly line of Lot 21, Frewing's Orchard Tracts, North 45°48 East 100.4 feet from the most Westerly corner of said Lot 21; thence South 44°12' East 190.6 feet (passing at 60 feet an iron pipe) to an iron pipe; thence North 45°48' East 73.8 feet to an iron pipe on the Westerly line of a tract conveyed by J.N. Atterbury and wife to Ludvig Anderson and wife by deed recorded April 11, 1924, in Book 127, Page 285, Deed Records; thence North 46°18' West 190.7 feet to the Northerly line of said Lot 21 ; thence South 45°48' West 66.8 feet to the point of beginning; EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by a deed recorded June 7, 1952, in Book 333, Page 361 . PARCEL II A portion of Lot 21, FREWING'S ORCHARD TRACTS, in the City of Tigard, Washington County, Oregon, described as follow: Beginning at the Northwest corner of Lot 21, and running thence North 45°48'East along the North line of said Lot 21, a distance of 100.4 feet to a point from which an iron pipe bears South 44°12' East 60.0 feet; thence South 44°12' East 190.6 feet to an iron pipe; thence South 45°48' West 70.0 feet to a point on the Westerly line of said Lot 21, in the center of County Road No. 713; thence North 53°16' West along said Westerly line and in the center of said County Road 193.0 feet to the place of beginning; EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by deed recorded July 1, 1952, in Book 334, Page 240. PARCEL III A portion of Lot 21, FREWING'S ORCHARD TRACTS, in the City of Tigard, Washington County, Oregon, described as follows: Commencing at a point on the Westerly line of Lot 21, Frewing's Orchard Tracts and in the centerline of County Road No. 713,said point being South 53°16' East 193.00 feet from the Northwesterly corner of said Lot 21, being further identified as the point in the County Road where that certain tract of land described in Deed Book 195,Page 495,intersects said County Road at the Northwest corner thereof; thence from said beginning point South 53°16' East along the Westerly line of said Lot 21, 84.8 feet; thence North 45°48' East 134.00 feet to an iron pipe at the Southwest corner of a tract conveyed by J.N. Atterbury and wife to Ludvig Anderson and wife by deed recorded April 11, 1924, in Deed Book 127, Page 285; thence North 46°18' West 83.7 feet to an iron pipe; thence South 45°48' West 143.8 feet, more or less to the point of beginning. 2 • Order No. 04-44600-28 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 1999-2000. 7. City liens in favor of the City of Tigard, if any. A report has been ordered and the Company reserves the right to add additional items or make further requirements after review of the requested report. 8. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of Pacific Highway and SW Frewing Street. 9. Limited access as set forth in deed from Carl Shuholm and Gladys Mae Shuholm to the State of Oregon, by and through its State Highway Commission, recorded June 7, 1952, Book 333, Page 361 which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provided for, shall attach to the abutting property. Affects: Parcel 1 3 • Order No. 04-44600-28 10. Limited access as set forth in deed from George Anderson and Ruth C. Anderson to the State of Oregon, by and through its State Highway Commission, recorded July 1, 1952, Book 334, Page 240 which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provided for, shall attach to the abutting property. Affects: Parcel 11 11. Easements) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: The City of Tigard Purpose: Sewer line Recorded: October 7, 1966, Book 617, Page 589 Affects: 10 feet in width, along the Southeast line of Parcel 11 12. Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: The City of Tigard Purpose: Sewer line Recorded: October 7, 1 966, Book 617, Page 591 Affects: 10 feet in width, along the Southeast line of Parcel l 13. Subject to the examination of the Power of Attorney whereby Patrick J. Furrer acted as Attorney in Fact for Ruth C. Anderson on deeds recorded June 28, 1989, as Recorder's Fee Nos. 89029221, 89029222 and 89029223. 14. Leases and/or tenancies, if any. 15. Personal property taxes, if any. 16. No search has been made for financing statements filed in the office of the Secretary of State, or in any county other than the county in which the herein described land is located. No liability is assumed for any financing statement filed in the office of the County Clerk (Recorder) covering timber, crops, fixtures or contracts affecting said land if said land is not described by metes and bounds, recorded lot and block or under the rectangular survey system. END OF ITEMS AND EXCEPTIONS NOTES: Note A. Property taxes for the fiscal year 1998-1999, paid in full. Amount: $1,047.01 Serial No.: R465990 Map No.: 2512CB-02900 Levy Code: 023.74 Affects: Parcel I 4 Order No. 04-44600-28 Property taxes for the fiscal year 1998-1999, paid in full. Amount: $951.70 Serial No.: R465981 Map No.: 2S12CB-02800 Levy Code: 023.74 Affects: Parcel II Property taxes for the fiscal year 1994-1995, paid in full. Amount: $1,054.76 Serial No.: R466643 Map No.: 2S12CB-03200 Levy Code: 023,74 Affects: Parcel I I I Note B. There are no judgments of record against Herman 0. Keerins, Patricia E. Keerins or Kamelia Massih. Note C. The County of Washington imposes a transfer tax of $1.00 per thousand, based on the full value of the property, at the time a Deed or other transfer is recorded, unless exempted. Note D. No search has been made or will be made for water, sewer, or storm drainage charges unless the city/service district claims them as liens (i.e., forecloseable) and reflects them on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water/service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The Ioitowinp matters ae expressly excluded horn the coverage of this policy and the Company will not value Ira the estate or interest insured by this policy. pay loss or damage,costs,attorney's lees or exporues which arise by reason of 4, Unadaceatabty of the hen of the moored mortgage because of the inability or failure of the insaad at 1. (a)Any law,ordnance or governmental regulation(including but not limited to building and zoning laws. Date of Policy,of the inability or failure of any subsequent owner of the indebtedness,to comply with ordinances,or regulations)restricting,prohibiting or rotating to(i)the occupancy.use,or enjoyment of applicable doing business lows of the state in which the land is situated. the land;(n)the chaator,dimensions or location of any improvement now or hrreeftu warted on the 5. Invalidity or unardaceability of the ben of Iho insurod inatgoge,or dam thereof,which anion out of land;lull a separation in ownership or to change in the dimensions or wan of the land or any parcel of the transaction ovidonced by the incised mortgage,and is based upon usury a any casrane credit which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these protection or Truth in larding law. laws,ordinances or govanmantel regulations,except to the octant that a notice of the enforcement e. Any statutory lien for services,labor or materials(or the darn of priority of any statutory lion lot thereof or a notice of a defect,lien or encumbrance rotating from a violation or alleged violation sartrta,labor or materiels ova the bun of the insured Inottgago)wising from animprovemmnt or work affecting the land has been recorded in the public records at Data of Policy. related to the hared which is contracted for and commensal eubsaquent to Dale of Policy and is not lb)Arty governmental police power not exdudod by la)above,except to the extent that a notice of tho financed in whole or in part by proceeds of the indebtedness soowred by the insard mortgage vvfach exercise thereof or e notice of a defect,lien or oncumbranco resulting from it violation, Of alleged at Date of Policy this inured has advanced a is obigatod to adraee. violation affecting the land has boon recorded in Ow public records at Date of Policy. 7. Any detn which wiser out of the uansectian creating the interest of the mortgagee ire red by flax 2. lights of eminent domain unless notice of the exercise thereof hoe been recorded in the public records policy,by newton of the operation of fedora bankruptcy,state inadvnncy,or similar creditors:rights rs Data of Policy,but not excluding from coverage any taking which hero occurred prior to Date of Policy Iowa,that is based on: which would be binding an the righte of a purchaser for value without knowledge. (i)the transaction emoting the intoned of the narrated mortgagee bore)doomed a fraldulent convoyarnce 3. Dotecle,liana,encueibrancos,adverse dims,or nth/0 matters; or fraudulent transfer;ca (a)cheated,suffered,assumed or agreed to by rho insured clamant; (ii) the subordination of the interest of tho inauod mortgagor.as n tosult of ire application of Ito Ibl not known to the Company,not roc:orded in the pudic records at Date of Policy, but known to doctrine of equitable subordination;or theinsured claimant and not r eclosed in writing to the Company by the maenad claimant prior to the fir)the nor eaclion creating the intausl of the instead mortgagee being deanod a prof orotund transits dote the insured clamant became an insured under this policy; except where the ptdeemlfal transfor results from tfw filuta; (c)reacting in no loss or damage to to inferred claimant; he))to timely record the instrument of tranala;a Id)attaching or created subsequont to Date of Policy,or lb)of such rucardation to impart notice to a purchasor for value.or a audgoment or hnu creditor. In)moulting in loss Of damaqu which would not have boon sustained if the named claimant had paid AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE Thor following mattes ao expressly excluded horn lilt,coverage o1 this policy and the Company will not (b1 not known to the Company,not recorded in the public records at Date of Policy,but known to the es or damage,costs.attorneys(see at expenses which arise by tenson ol: insured clamant and not disclosed in writing to the Company by the insured claimant prior to thu daft, Any law,ordinance or governmental regulation(indudirg hit not limited to building and zoning laws, the insured dement became at insured ardor this policy; inanees,or regulations]restricting,prohibiting or ndnting to fit the occupancy,use,or enjoyment of lo)resitting in no toss or damage to Iho insured driment; the land;Ili)the character.dimensions or location of any improvement now or hereafter erected on the Idl attaching or created subsequent to Dale of Policy,of land;(nil a separation in ownership or a change in the dimonsions Of area of the land or any parcel of Ica resulting in loos or damage which would not have boon etustained if the'muted claimant has pied which the land is or was a pat;or(iv)onvironmontal protection,or the affoct of any violation of(hose value la the estate or insured by this policy. laws,ordinances or goverrnnantd regulations, oocept to rho extent that a notice of the enlacement 4. Any dam which wisps out of the transaction vesting in the Ins red the estate or inheres,insured by thereof or a notice of a defect,hen or encumbrance resulting from a violation or alleged violation this policy,by reason of the operation of federal henknrpcy,stele insolvency, or similar codita4 affecting the land has boon recorded in the public records at Dato of Policy. rights laws,that is based on Ii)Any govanmootd police power not exchrdad by(a)alines,except to the oxlent that it notice of the hi) 1Iw transaction creating the ustate or intaast insured by this policy being dote-nod a fraudulent exorcise thereof or a notice of a defect.hen or etc umbronco resulting Irom a violation or alleged convoyaran or hrad,tont transfer;or violation alfeeting the land has boon recorded in rho public records at Date of Policy. lid the transaction creating the estate or interest imolai by this policy being drained a prdmonti.d 2. lights of eminent domain unless notice of the oxerdso thereat has boon tacordtd in the public.recorda Iianda except whore the pdarenttd transfer results from the(ailuuo: at Dale ol Policy,but not occluding from coverage any taking which tow occurred prior to Dato of Policy f of to timely record the instrument or transfer;or which would be binding on the rights of a purchase.for value without knowfadge. (b)of such tacordation to import notice to a purchaser for salon Of a judgomant or ion creditor. 3. Defects,hone,oncumbrancos,audecee dams,or other mattes: lel created,suffered,assumed or agreed to by the irtaurnd claimant; Thi above ALTA policy forms may be issued to afford either Sheeted Covrgge or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions Iron Covet age to a St ended Covorng°policy will also include the following Get aa al Exceptions: SCHEDULE B GENERAL EXCEPTIONS FROM COVERAGE This policy dons not icsure against loss or dumnyo fond the Company wit not pay costa,attorneys'loos or experaosl which wise by reason of: PART 1 1. Taxes or assessments which arm not shown as ecistirg hens by the records of any taxing authority that 3. Eaiemons,or dams of oasemonts a em.mbiancns,not shown by the public records,rosorvalions levies taxes or assessments on red properly or by the public'cicada,proceeding.by a public agency at exceptions in patents or in acts authorizing the issuare a tficvaol,want rights,dame or title re. which may ramie in taxes or assessments,or notions of such proceedings whether or not shown by the wale. tecords of such agency or by the pubic necerds. 4. Discepa ties,cordicts in boundary lines,shortage in woe,omoachmonts,or arty other fads which 2. Any facts,rtgnts,intaesta or claims which are not shown by the public records but which could be a caror.t survey would disclose. ascertained by an inspection of said land or by making inquiry of Persons in possession. 5. Any monitory hens Tor labor or motorist,including liens for contributions duo to the Staten!Doper fin unemployment compensation and for worker's compensation,which have now gated or may gait- priority roes Ito lien of to insured doed of trust,which liens do not now appear of record. • /l/e■9' tiborii ood /tfedin9 Aaterlals Welkin Engineering, P.C. December 31,2003 JO: 03-500.07 SUBJECT: PACIFIC PARK PLAZA SW PACIFIC HWY. &SW FREWING ST. NEIGHBORHOOD MEETING NOTES The meeting was held on: November 26,2003 at City of Tigard Red Rock Creek Conference Room 13125 SW Hall Blvd. Tigard, OR 97223 6:00 p.m. to 7:00 p.m. In attendance were the abutting property owner to the northeast, and his neighbor farther northeast. They were shown the site plan and shared in a discussion concerning the project scope,timing, and the nature of the prospective tenants. Neighborhood Issues: 1. The major focus of the residents concerned access onto Highway 99. As there is no proposed access onto Highway 99,their concerns were relieved; 2. The possibility of encountering a gas line not shown on the plans was mentioned; and 3. One attendee expressed his opinion that the City's tree mitigation requirement demanded an unreasonabl number of trees to be replanted. The development team assured the residents that the Tigard Community Development Code(CDC)design standards would be adhered to in the development of this site. The developer will work with the neighboring property owner to relocate his sanitary service, and the trees to remain onsite will be property protected. The meeting adjourned at 6:50 PM. 8000 SW Pfaffle Street,Portland,Oregon 97223 Phone(503)598-1866 Fax(503)598-1868 Email:welkinpc @comcast.net AFFIDAVIT OF MAILING I, J 57rat5rad being duly sworn,depose and say that on Jove-4.n wz S.Zae.T I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed±6,900 square-foot medical clinic building located at the Northeast quadrant of S.W. Pacific Hwy. and S.W. Frewing Street(Tax map and Tax Lot#2S 102 CB 2800,2900& 3200)a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the Lake Grove United States Post Office box located on Boones Ferry Road, Lake Oswego, Oregon,with postage prepaid thereon. Signature OFFICIAL SEAL �: STATE OF OREGON ) . �.:- K C HOFFMAN NOTARY PUBUC-OREGON ) SS vdi COMMISSION NO.369916 County of Washington ) MY COMMISSION EXPIRES JUNE 24,2007 De,Subscribed and sworn/affirmed before me this � day of (?j'?e. r,2003. //.0.77 Notary Public My commission expires: (2/0 I/-007 Pre-App.No.: Name of Applicant Welkin Engineering,P.C. Subject Property: Tax Lot(s) 2800, 2900, 3200 Tax Map(s) 2S 102 CB Address or General Location SW.PACIFIC HWY. &SW.FREWING ST. AFFIDAVIT OF POSTING NOTICE I,Edward Christensen, do swear or affirm that I am(represent)the party initiating interest in a proposed Professional Center affecting the land located at the Northeast quadrant of SW. Pacific Hwy. and SW.Frewing St.,Tigard,Oregon, and that pursuant to Ordinance 2050, Section 126, and the guidelines set out by the Planning Director, did on the .. day of November,2003 personally post the notice indicating that the site may be proposed for a City of Tigard Development application. The sign was posted at Frewing St. (state location on property) This i day of November,200,3. 7Z,(1) ---_______ Signature Subscribed and sworn to,or affirmed,before me this i day of Ceritbe r , 2003. XC r f:' ,, • OFFICIAL SEAL %"�� I K C HOFFMAN Notary Public for the State of Oregon ""`� NOTARY PUBLIC-OREGON COMMISSION NO.369916 �; 1 � MY COMMISSION EXPIRES JUNE 24,2007 My commission expires: , , f J G4_,1d.d1.ir'7 7 (r LU2 ( '3 P:\CLIENT FILES(by job#)\2003\03-500.07 Frewing NEIGHBORHODD MTG\PostingAffid.wpd PACIFIC PARK PLAZA NEIGHBORHOOD MEETING SIGN-IN SHEET NAME ADDRESS PHONE/E-MAIL >(.;•IL( i ( ev 72'S :\t 4-et_tp (Acd (371 4 c niAtr_i_cfg 463!"4-71' —e.) — t<a q-4 6 4-N 2zi FOR THE RECORDS OF WELKIN ENGINEERING, P.C. 8000 SW PFAFFLE ST. PORTLAND,OR 97223 503.598-1866(F)503.598.1868 PACIFIC PARK PLAZA NEIGHBORHOOD COMMENTS NAME: ,r�. _1?9¢v COMMENTS: y PACIFIC PARK PLAZA NEIGHBORHOOD COMMENTS NAME: tgk(A tA (I COMMENTS: Vhc, C...4 `.s 'art M t 'y ,i;, Rot.;;rc-4144 4-s ew / (fork i'Jta':1ti1 4-rt 0c114- l' Ci•A— Welkin Engineering, P.C. November 05,2003 JO: 03-500.07 SUBJECT: PROPOSED PROFESSIONAL CENTER-S.W.Pacific Hwy.& S.W.Frewing St., Tigard,OR Dear CIT Member/Property Owner/Resident: We are writing this letter on behalf of the owner of the property located at the Northeast quadrant of S.W. Pacific Hwy. and S.W. Frewing Street(Tax map and Tax Lot#2S 102 CB 2800,2900&3200), who is considering proposing a ±9,900 square-foot Professional Center at this location. Prior to applying to the City of Tigard for the necessary permits,we would like to discuss the proposal in more detail with members of the Community Involvement Teams(CIT) and surrounding property owners and residents. Therefore,you are cordially invited to attend a meeting on: November 26,2003 at City of Tigard Red Rock Creek Room 13125 SW Hall Blvd. • Tigard,OR 97223 6:00 p.m.to 7:00 p.m. Please note this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City of Tigard. We look forward to seeing you at the meeting and hearing your thoughts on the proposed project. Sincerely, WELKIN ENGINEERING,P.C. Ed Christensen,P. . Cc: Dr. Kamelia Massih 8000 SW Pfaffle Street,Portland,Oregon 97223 Phone(503)598-1866 Fax(503)598-1868 Email:welkinpc@comcast.net Proposal A/ar rcL+; ve. APPLICATION FOR SITE DEVELOPMENT REVIEW FOR PACIFIC PARK PLAZA TIGARD, OREGON December 31, 2003 Applicant: Dr. Kamelia Massih 11020 SW Beaverton Hillsdale Highway Beaverton,OR 97005 p(503) 526-9697 Applicant's Representative: Ed Christensen,P.E. Welkin Engineering,P.C. 8000 Pfaff le Street Portland,Oregon 97223 p(503) 598-1866; f(503) 598-1868 Comprehensive Plan Designation: General Commercial Zoning Designation: C-G Planned Use: C-P Involvement Team: N/A Location: Tax Map 2S 102CB;Tax Lots 2800,2900&3200. The property address is located at the corner of SW Pacific Highway(State Highway 99W)and SW Frewing St. Submittal Date: December 31,2003 1 INTRODUCTION • This application is for site development review of a 9881 square foot,two-story professional-commercial office building within the general commercial district abutting SW Pacific Highway. The development will occur on existing lots of record;2S1 02CB;Tax Lots 2800,2900&3200. This parcel is currently zoned C-G and professional offices are an allowed use. The site is bordered on the northwest by SW Pacific Highway and is at the intersection of SW Frewing St.. SW Pacific Highway is a four-lane major arterial street with a center turn lane. There are curbs in place along both sides of the street,as well as continuous sidewalks. One access will be removed along the frontage on Pacific Highway,and curb and sidewalk will be constructed to match existing,undisturbed conditions. The frontage of this parcel on SW Frewing Street is currently unimproved,but as part of this proposal, dedications will be granted to increase the existing 20-foot half-width right-of way to the comprehensively planned 29-foot half-width. The existing pavement on the Frewing half-street will be expanded to 18 feet. A 5-foot sidewalk and curbs will be provided as well as a planter strip and street trees. Access to the proposed site will be via a single 30-foot commercial approach on SW Frewing Street at the southeastern end of the site. The site is bordered on the northeast by a similarly-zoned lot,so no special buffer or setback is necessary. The southeast boundary of the property,however,abuts a residential lot zoned R-12. A buffer is required along this property line. The City of Tigard has identified this necessary buffer as a Type"D", and will include 10' of landscaping and a 6' high CMU wall. Pedestrian access to the main entrance of the building will be provided from the frontage along SW Frewing St. The site slopes gently downward from the northwest to the southeast. Utilizing this natural topography, the building is placed on the westerly portion of this parcel. All drainage will flow east to two catch basins, and will be treated by a mechanical filtering system before being released into the City's public storm system in SW Frewing St. Approximately 20%of the site will be landscaped. The site is designed to provide thirty(30)total parking spaces. Two(2)will be handicapped-parking stalls including one van accessible space and adjoining loading stall, in accordance with the parking requirements for a C-P use. 2 DEVELOPMENT REQUIREMENTS CHAPTER 18.360 SITE DEVELOPMENT REVIEW 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; Siting the building and parking requires the removal of all of the existing twelve(12)trees. Three of the trees to be removed are larger than 12-inches and in good enough condition to require mitigation. These will be mitigated for as required under Tigard code. The included tree inventory and assessment further elaborates upon the mitigation requirements. The proposed building does not alter the existing topography because the existing topography is relatively flat. The existing grade differential is 8 feet over a 230-foot linear dimension,thereby demonstrating a flat site of less than 5%grade. There are no natural drainage ways on-site. These criteria are not applicable. (2) Located in areas not subject to ground slumping or sliding; The soil on-site is not subject to slumping or sliding. (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. The building is situated on a corner lot, adjacent to roadways rather than buildings on two sides. According to TVFR(Tualatin Valley Fire and Rescue),the preferred distance between two buildings for fire suppression is 50 feet,while 20 feet is adequate. The proposed building provides adequate distance to existing surrounding buildings to the north and east,and there is no possibility of a future building being constructed to the west which will infringe upon the preferred 50'clear-space. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal The building and parking siting requires the removal of most of the existing trees. All existing trees removed due to development practices will be mitigated on-site per the Chapter 18.790 requirements. If for any reason some caliper inches are not able to be mitigated on-site,a fee in lieu will be paid to the City of Tigard for city-wide tree planting. See narrative,chapter 18.790. 9. Demarcation of public,semi-public and private spaces for crime prevention: 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 provide for crime prevention and to establish maintenance 3 responsibility.Public areas such as drive-aisles,parking lots,public gathering places,and main entrances are all in plain and unobstructed view from the adjacent streets,providing a direct line of sight for public and police vehicles passing by the building. b. These areas may be defined by, but not limited to: (I) A deck,patio, low wall, hedge, or draping vine; As shown on the landscaping plan, no hedges, decks, patios, or draping vines are proposed to be part of the building. Parking area screening,however,necessitates intermittent bushes and one 6'high wall. This wall will effectively screen the neighboring residential property from much of the traffic impact of the proposed development,but will be aligned and lighted in such a way that it will provide no significant impact to sight distance from the road or general safety. From the parking lot, the building entrances and windows will not be obscured by landscaping or walls and all public gathering areas will be in plain view. (2) A trellis or arbor; No trellis or arbors are proposed as part of this development project. (3) A change in elevation or grade; Severe elevation or grade changes are not part of this project because of the existing flat grade. (4) A change in the texture of the path material; All proposed pathway materials are of cement or will be striped. (5) Sign;or No sign will be located as to allow persons to hide from view and access the building. (6) Landscaping. No landscaping will be located as to allow persons to hide from view and access the building. The parking area will be sufficiently screened from the Frewing St.right-of-way,but will not form a complete sight-obscuring barrier. From the parking lot,the building entrances and windows will not be obscured by landscaping or walls and all public gathering areas will be in plain view. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; All windows are of appropriate height and location so that interior building occupants have sufficient view of the area near the window. b. Interior laundry and service areas shall be located in a way that they can be observed by others; There are no interior laundry or service areas proposed with this building. 4 c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; All mail will be brought into the reception lobby, therefore, being inside a controlled area and having frequent pedestrian traffic. d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime;and The proposed parking lot lighting will angle downward to illuminate vehicles and potentially dark corners. The lighting is located to sufficiently light the exterior of the building and the parking lot without leaving any dark areas. 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. The proposed parking lot lighting will angle downward to illuminate vehicles and potentially dark corners. The lighting is located to sufficiently light the exterior of the building and the parking lot without leaving any dark areas. Fixtures will be on a mast at least seven(7)feet in height or on a building or wall at least seven(7)feet in height. 18.360.090 12.Landscaping: This section requires 20% of the gross area be landscaped. The proposed dev- .. ent designates : ..roximately 20%of the gross site area as landscaping as shown in the a . •ed landscaping pl. s criterion is met. 13. Drainage: All drainage plans as shown on the attached site plan abide by the criteria in the 1981 master drainage plan. This criterion is met. 14. Provision for the disabled: All facilities provided in the proposed development conform with the requirements prescribed in ORS 447. This criterion is met. CHAPTER 18.390 DECISION-MAKING PROCESS 18.390.040 Type H Procedure: As required a Pre-application conference regarding the proposed development was held on 10-21-03, which covered the requirements for the Type II Site Development procedure. Subsequently, notice of the pending application was mailed to the neighbors within 500 feet on 11-5-03,and a neighborhood meeting was held on 11-26-03,at least two (2)weeks after the mailing per the code. In addition to this narrative an arborist report and a storm water study are included in this submittal. There is an existing sanitary sewer bisecting the site within a designated easement. This service must be relocated to construct the proposed building. The re-located sewer line will connect to the public main 5 approximately 46'downstream of the existing tie-in. The proposed building will connect to the re-located sewer line. Water service is provided by an existing 12-inch line in SW Pacific Highway. A-inch service will be adequate to support the expected demand from the office building. Per the Tualatin Valley Water District,there is sufficient pressure in the existing line to serve a structure of this proposed size.Because the water supply is ample,it is not anticipated to not have any negative impacts realized by the proposed development,a water service impact study is not included in this narrative. The proposed structure will be an office use. This use does not generate excess noise like an general commercial or industrial use. The majority of noise will be generated by rooftop air conditioning units and additional traffic. Because the proposed development does not create excess noise,a noise impact study is not required to be included in this narrative. These criteria are met. CHAPTER 18.520 COMMERCIAL ZONING DISTRICTS 18.520.020.D Uses: Professional and administrative services are an allowed use in the C-P District. 18.520.040 Development Standards In Commercial Zones No front, side, or rear setbacks are required except where the parcel abuts a residential district. This parcel does abut a residential parcel. A 20-ft building setback will be observed along the southeast property line. The screening and buffer region will include 10-ft of landscaping and a 6'high CMU wall. No building shall exceed 45 feet in height in the C-G zoning district. The height of the proposed two story building is±36 feet. This criterion is met. The maximum site coverage in the C-G zoning district is 85% including all buildings and impervious surfaces and the minimum landscaping•requirement is 15%. The applicant has provided±20%landscaping which meets this criterion(4500 sf of landscaping on the 0.52-acre site). The remaining 80% building coverage and impervious area is less than the required 85%. Therefore, this criterion is also met. CHAPTER 18.705 ACCESS,EGRESS,AND CIRCULATION 18.705.030.F. Pedestrian Walkway: A walkway extending from the ground floor entrance of the structure to the street that provides the required ingress and egress is required. A five foot sidewalk is proposed on the east side of the building,running south and connecting directly to the public right-of-way,meeting these requirements is shown on the attached site plan. This criterion is met. 18.705.030.I. Minimum access requirements for commercial and industrial use: Commercial and industrial uses require the proposed development of less than 100 required spaces to install one driveway, and a minimum access of 30 feet wide with 24 feet between curbs. The proposed development incorporates a 30-foot wide vehicle access point providing access to SW Frewing Street. Within the access way, 24 feet of pavement between curbs is provided, as shown on the accompanying site plan.These criteria are met. 6 CHAPTER 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Trees: This section requires street trees to be planted on the frontage streets as part of this development. C. Size and spacing of street trees b. On the 203 feet of frontage along Frewing Street,6 trees are being provided. On the 137 feet of frontage along Highway 99W, 4 trees are being provided. The proposed trees are medium-sized trees,and are spaced 30 feet apart as required in this section. This criterion is met. h. The proposed trees are not located within 20 feet of existing light standards. This criterion is met. 18.745.050.E. Screening: special provisions 1.a.(1) The parking areas are landscaped with a variety of ground cover,low shrubbery and shade trees in compliance with this section. In compliance with the City of Tigard's Level"D" screening requirement, 10-ft of landscaping will be provided along the southeast property line as well as a 6' high wall,to screen the parking lot from the adjoining residential property. This criterion is met.. I. Five trees will be planted around the parking lot and within the landscape islands This provides one tree per 6 parking stalls, satisfying the minimum requirement of one tree per seven parking stalls as described in this section.This criterion is met. H. The dimensions for the landscape islands as shown in the accompanying site plan are a minimum of 5 feet and are protected from vehicular damage by a curb. This criterion is met. CHAPTER 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.040: Methods of Demonstrating Compliance. 5. Specific Requirements: b. (1): The proposed building contains 9881 square feet of gross floor area. Based on this g.f.a., 46 square feet of waste storage area is required. Approximately 63 square feet of waste storage area is provided. This criterion is met. CHAPTER 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS For administrative and professional services, 1 parking space is required for each 350 square feet of gross floor space. For the proposed 9881 square foot building, as shown on the attached site plan, 29 parking spaces are required. Thirty (30) parking spaces have been proposed. Of these 30 parking spaces,2 are handicapped spaces,including 1 van accessible handicapped stall. All are standard- sized stalls. The ADA requirements of a site providing less than 50 total parking spaces is 2 handicapped spaces including one van accessible space. The regular parking space dimensions are 8.5 feet x 18.5 feet in depth. The longest loading truck anticipated is the typical parcel carrier whose trucks are 30 feet in 7 length. On approval of the management,larger moving vans may occasionally visit the premisses. The tenants will be advised well in advance of moving vans in the parking lot,or these moving vans will be restricted to weekend relocations. Therefore,these criteria are met. 18.765.040 F. A walkway extending from the ground floor entrance of the structure to the street that provides the required ingress and egress is required. A five-foot sidewalk on the east side of the building entrance,south to Frewing Street has been provided,meeting these requirements as shown on the attached site plan. This criterion is met. G. Parking Lot Landscaping: Parking lots are to be landscaped in accordance with the requirements of Chapter 18.745 l.a.(1)as previously demonstrated. Though no tests have been performed on the soil for growing characteristic,this site appears suitable based upon the size and varieties of plants currently growing on the adjoining lot. This criterion will be met. H. 1. Parking space surfacing: The proposed parking lot will be improved with an asphalt surface as required in this section. This criterion will be met. I. Parking lot striping: The proposed parking lot spaces will be clearly marked as shown on the attached site plan. This criterion is met. J.Wheel Stops:The proposed parking stalls maintain a 4 inch wheel stop with a 3 foot bumper overhang area incorporating low lying landscaping material. All parking stalls adjacent to sidewalks and interior landscaped areas will have these elements. All relevant criteria are met. K.Drainage: The proposed parking lot will be drained to avoid ponding and flow of water across public sidewalks. This criterion will be met. N. Space and aisle dimensions: The proposed standard and handicapped spaces conform to the dimensions provided in this section:90-degree standard stalls measure 8.5 feet x 18.5 feet. These criteria are met. 17.765.050.A.Location and Access: Bicycle spaces are being provided near the main entrance of the building as shown on the attached site plan. The bicycle parking area is within 50 feet of the primary entrance to the proposed structure. The bicycle parking area is not located within parking aisles, landscape areas or pedestrian ways,and is visible from on-site buildings. These criteria are met. 17.765.050. C. Design Requirements: The proposed bicycle racks will be securely anchored to the ground,and designed so that each space will be easily accessible. These criteria are met. 17.765.070 H. Minimum Requirements: Provision for bicycle parking is also required at a ratio of 0.5 space for every 1,000 square foot of building area. Based on 9881 square feet of building area, 5 bicycle parking spaces are required. The 5 required bicycle parking spaces are provided at the west side of the building in the plaza-area as shown on the attached site plan. This criterion is met. CHAPTER 18.790 TREE REMOVAL 8 18.790.030. Tree Plan Requirement. B. 2. 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. A plan is to be provided that includes the identification of all existing trees over 12 inches in caliper and mitigate removal of trees over 12 inches in caliper. The aesthetic character of the site will be greatly enhanced with new trees and hedges as shown on the landscape plan. Per the arborist report, trees are identified and inventoried. Their locations were verified by the arborist and compared to the tree plan. The accompanying arborist report lists tree conditions and defines conditions. This criteria is met. CHAPTER 18.795 VISUAL CLEARANCE AREAS 18.795.040. B. 2. Non-arterial street visual clearance requirements. The proposed development provides a 30 foot visual clearance area as indicated on the accompanying site plan. The relevant criteria for this section are met. CHAPTER 18.800 STREET AND UTILITY IMPROVEMENT STANDARDS The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as street, sewers and drainage. The current half- width of Frewing Street on the side of the parcel is 14 feet within a 20-ft right-of-way. An additional 9 feet will be dedicated and pavement expansion improvements will be provided to provide an ultimate 18 foot pavement half-width to the minor collector street standard. Though at this time no curbs or sidewalks exist on this frontage of the property, both curbs and 5-foot sidewalk will be provided with the development of this parcel as well as a planter strip. 18.810.070 Sidewalks. A 5-foot wide pedestrian pathway will be constructed from the front of the building along its east side,connecting the public sidewalk system to the building. This criterion is met. 18.810.090 Sanitary Sewers. Sanitary sewer service is available from SW Frewing St., but must be modified as the current system conveys waste underneath the proposed building footprint. The sewer line will be re-located on-site to accommodate the new building while still serving the neighboring property northeast of the site. The sanitary sewer connection to the existing system will comply with the provisions set forth in Design and Construction Standards for Sanitary and surface Water Management as adopted by the Unified Sewerage Agency. This criterion will be met. Water is available to this site via an existing 12 inch ductile iron water line located in SW Pacific Highway. Service will be extended from this main to provide both domestic fire and irrigation flows. The existing fire hydrant at the corner of Pacific Hwy. and Frewing will be relocated to facilitate the construction of the proposed sidewalk ramp. These criteria are met. 18.810.100 Storm Drainage. As indicated on the accompanying site plan, a water quality system is proposed on-site. Storm water from the parking lot will be collected in Stormwater Management catch basins,and filtered by appropriate media within proprietary cartridges. This effluent,along with the roof- runoff, will be released into the existing public system in SW Frewing Street. Provisions for storm drainage will follow the natural contours of the site draining from the west portion of the site,where the building is located,to the east. These criteria are met. 9 Welkin Engineering, P.C. February 11, 2004 JO: 03-500.07 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: PACIFIC PARK PLAZA DRIVEWAY EGRESS AT SW FREWING ST. SIGHT DISTANCE ANALYSIS To Whom it may concern: A site analysis was recently performed at the proposed Pacific Park Plaza site on SW Frewing St. off Hwy. 99, to establish existing sight distance from the egress of the property. The reference for the study was a point 15' behind the fog line of SW Frewing St at a point approximately 165' southwest of the southerly curb of Hwy. 99, and 3.5' high to any object in the oncoming travel lane. The posted speed limit is 35 mph. By rule of thumb, a minimum of 350' of clear sight distance should be available for egress onto SW Pacific Highway. Sighting from the proposed driveway to the northeast showed clear sight distance to the intersection of Hwy. 99. Sighting to the southwest from the driveway showed clear sight distance of greater than 500' past a vertical sag curve. Based upon our analysis, the current sight distance from the proposed driveway is more than adequate in each direction. Proposed street trees along SW Frewing St. will be planted so that they won't interfere with sight distance, as defined in the City of Tigard Development Code, Section 18.795.040. Additionally, an unobstructed visual clearance triangle is provided per the same section of code, and is illustrated on the plan. Should you have any questions, please call me at (503) 598-1866. Sincerely, Fi?°r.` WELKIN ENGINEERING, P.C. Wi6,1 f % 6:y Ed Christensen, P.E. Principal cc: Dr. Kamelia Massih or, Cr " file ii:XP: 12/;e (DC- C- / ,/ -, .4 . .4 . , : a?! PACIFIC PARK PLAZA , / 4., A. gip i PROFESSIONAL-COMMERCIAL 0 NFJGHBONING PROPERTY 811. - \ / .„,...). t.a, ZONED C-C\ ,' 0 4:7/ ' ". ' TAX LOTS 2800,2900&3200 TOWNSHIP 2 SOUTH, G E. RANGE 1 WEST,SECTION 2 / • ' "' - / c.` /-- Vii,,,,-4 . ' 10015 SW HALL BLVD. c.L31Z.1 i f , e z --'''=,, !..._ .4.,, . /, . / ''.;:-,.:;,'" A.-,. TIGARD,OR 97223 li it Fatersjo -... TM /FIBER—OPTV VW,, - , .7'/I '' N 4 ■ . 1 . SHEET I NDEX / . / -,, i ;‘,k..,.„ , ,u,- - ,, /4'? , ,or' , 1. TITLE SHEET AND EXISTING CONDITIONS PLAN .„.. ..,, .. . rs / ,. . , ' ,, 2:„..„... ,„ ,..„ ,,- , , -- ,,-- ,, 2. 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PACIFIC PARK PLAZA DETAIL SHEET •-AAe'ERS Cavil. NU PEERS SURVEYIS. A 1 1 Kph. ruo nsir rear-m - • IMPACT STUDY TDC § 18.390.040(B)(2)(e)prescribes the following"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 ofreal 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." Transportation system impacts- The proposed C-P use will generate less traffic than the zoned C-G use,therefore there will be a reduced traffic impact from this project. Drainage system impacts- An on-site storm water collection and treatment system will release run-off into the existing public system at approximately pre-development flow rates and in accordance with local pollution- control standards. Because the net increase in impervious area on the site is less than 5000 square feet, no detention is required. There will be no significant impacts from this project on the storm water system. Park system impacts- The proposed development will generate minimal,if any,impacts to the City's park system. Water system impacts- The number of fixtures within the proposed office building necessitate one 1-in water service. Existing mains are available to the subject property and capable of supporting the expected demand. The subject property's proportionate impact on the existing water system is insignificant. Sewer system impacts- Sanitary waste will be conveyed to the existing public system in SW Frewing St. A service to an adjoining lot that runs through the subject property will have to be relocated to accommodate the proposed building. The subject property's proportionate impact on the existing sewer system is minimal. APPLICATION FOR SITE DEVELOPMENT REVIEW PACIFIC PARK PLAZA - 03-500.07 Noise impacts - The proposed development will generate minimal, is any,noise impacts in proportion to the surrounding facilities,road system, and residences. A 6'high CMU wall within the buffer area will further screen the adjacent residential property from the parking lot. Dedication Requirements - Right-of-way will be dedicated along the southerly(SW Frewing St.)frontage, in accordance with the City of Tigard Planning Department requirements. ODOT may require a dedication along Highway 99W,but will only evaluate the possibility after the SDR submittal. APPLICATION FOR SITE DEVELOPMENT REVIEW PACIFIC PARK PLAZA - 03-500.07 o r rb'l v0a+er /10(A. 13si5 1 JOB NO. 03-500.07 DATE: 12/24/03 DESIGNED BY: KCS CHECKED BY: EKC PROJECT: PACIFIC PARK PLAZA TOTAL SITE AREA: 22,564 SF=0.518 ACRES EXISTING IMPERVIOUS: 13,090 SF=0.30 ACRES PROPOSED IMPERVIOUS AREA: 18,066 SF=0.415 ACRES PROPOSED PERVIOUS AREA: 4498 SF=0.103 ACRES WATER QUALITY CALCULATIONS: CLEAN WATER SERVICES'REQUIREMENT IS TO TREAT THE 4 HR,2 YEAR STORM HAVING RAINFALL OF 0.36"WITH AN AVERAGE RETURN TIME OF 48 HRS. 4 HR,2 YEAR STORM W/96 HOUR RETURN=0.36" TOTAL STORM VOLUME RETAINED FOR WATER QUALITY(WQV): WQV =TOTAL PROPOSED IMPERVIOUS AREA*0.36"/(12 INJl FT.) =18,066 SF*0.36"/(12 INJ1 FT.)= 542 CU.FT. METHODOLOGY:KING COUNTY HYDROGRAPH PROGRAM UTILIZING SANTA BARBARA UNIT HYDROGRAPH PLEASE FIND THE ATTACHED HYDROGRAPH PROGRAM RESULTS FOR THE: --ON SITE 4 HR,2 YEAR STORM POST-DEVELOPED A PEAK FLOW OF 0.08 CFS IS TO BE TREATED BY A STORMFILTERTM WATER TREATMENT FACILITY. EACH CARTRIDGE WITHIN THE STORMFILTER VAULT CAN TREAT 0.033 CFS,SO A FLOW OF 0.08 CFS WILL REQUIRE 3 CARTRIDGES. ODOT DEFINES THE WATER QUALITY STORM AS 1/3 OF THE 2-YEAR,24-HOUR STORM FOR LOCATIONS WEST OF THE CASCADES. BY ODOT'S CALCULATIONS,THIS WOULD YIELD A WATER QUALITY VOLUME OF 1314 CU.FT.FOR THIS SITE. ODOT ALSO CALCULATES A PEAK FLOW OF 0.10 CFS TO BE TREATED BY THE STORMFILTERTh WATER TREATMENT FACILITY. SINCE THE SITE WILL UTILIZE A WATER QUALITY STRUCTURE RATHER THAN A POND,THE DISCREPANCY BETWEEN THE TWO STORM EVENTS CAN BE IGNORED. STORMWATER MANAGEMENT EMPLOYS A NUMBER OF FILTER MEDIA WITHIN THE STORMFILTER CARTRIDGES TO REMOVE EXPECTED POLLUTANTS INCLUDING SUSPENDED SOLIDS,HEAVY METALS, PETROLEUM HYDROCARBONS,ORGANICS,AND NUTRIENTS. FOR THIS APPLICATION,THE PERLITE MEDIA IS RECOMMENDED TO MAXIMIZE TSS AND HYDROCARBON TREATMENT. P:\CLIENT FILES(by job#)\2003\03-500.07 Frewing\Documents\Storm Report.wpd 2 WATER DETENTION CALCULATIONS: BECAUSE THE NET INCREASE IN IMPERVIOUS AREA AS A RESULT OF DEVELOPMENT ON THIS SITE IS LESS THAN 5000 SF,NO STORM WATER DETENTION IS REQUIRED P:\CLIENT FILES(by job#)\2003103-500.07 Frewing\Documents\Storm Report.wpd Welkin Engineering, P.C. KCS 09:54 22-Dec-03 Project 03-500.07 Pacific Park Plaza - Frewing & Hwy.99 RUNOFF by the SANTA BARBARA URBAN HYDROGRAPH 4 HOUR, 2 YEAR STORM - Post-Developed total Time of Concentration = 5.0' storm hyetograph: SCS TypelA return period = 2 years storm duration = 4 hr. total rainfall = 0.36 in. pervious area = 0.10 A CN = 79 GpC:Open.space,fr.cnd impervious area = 0.42 A CN = 98 total site area = 0.52 A hydrograph file: n:\in-house files\personal\kc\quickengfiles\frewing\4hr2yrpost.hyd peak flow = 0.08cfs @ 1.33 hr. runoff volume = 292 cu.ft. Welkin Engineering, P.C. KCS 09:59 22-Dec-03 Project 03-500.07 Pacific Park Plaza - Frewing & Hwy.99 HYDROGRAPH 4 HOUR, 2 YEAR STORM, Post Developed load N:\IN-HOUSE FILES\PERSONAL\KC\QuickEngFiles\Frewing\4hr2yrpost.hyd 1.00 0.80 0.60 0.40 0.20 1 2 3 4 5 peak flow = 0.08 cfs @ 1.33 hours volume = 294 cu.ft. Welkin Engineering, P.C. RCS 10:03 22-Dec-03 Project 03-500.07 Pacific Park Plaza - Frewing & Hwy.99 RUNOFF by the SANTA BARBARA URBAN HYDROGRAPH 2 YEAR STORM - Pre Developed (own- total Time of Concentration = 5.0' storm hyetograph: SCS TypelA return period = 2 years storm duration = 24 hr. total rainfall = 2.60 in. pervious area = 0.10 A CN = 79 GpC:Open.space,fr.cnd impervious area = 0.42 A CN = 98 total site area = 0.52 A hydrograph file: n:\in-house files\personal\kc\quickengfiles\frewing\l0yrpre.hyd peak flow = 0.30cfs @ 7.83 hr. 1/3 Peag. fux4 0•l0 runoff volume = 3,942 cu.ft. t/ RoNtOFF VOLUME ` 131W • 3 PRELIMINARY ESTIMATE OF SITE QUANTITIES FOR PACIFIC PARK PLAZA SW HIGHWAY 99&SW FREWING ST. DATE: 12/31/2003 BY: KCS DESCRIPTION COST GRADING AND ON-SITE IMPROVEMENTS $50,520.30 STORM&UNDER DRAIN SYSTEM $11,785.00 SANITARY SEWER $9,032.40 PROJECT GRAND TOTAL= $71,337.70 GRADING/STREETS ON-SITE IMPROVEMENTS NO. DESCRIPTION QTY. UNIT UNIT PRICE TOTAL 1 CLEARING AND GRUBBING 1 LS $5,000.00 $5,000.00 2 REMOVAL OF EX.STRUCTURES 1 LS $6,000.00 $6,000.00 3 EROSION CONTROL-292 LF FENCE I LS $650.00 $650.00 LEVELING AND BASE ROCK 2.5"OVER 4 8"IN PARKING AREAS(IN PLACE) 9,330 SF $0.96 $8,956.80 A.C.PAVEMENT 2.5"(2 LIFTS) 5 PARKING AREAS 9,330 SF $0.85 $7,930.50 6 6"x 16"PCC CURB 500 LF $7.80 $3,900.00 7 4"SIDEWALK AND AGG.BASE 1,420 SF $2.40 $3,408.00 8 TRASH ENCLOSURE,COMPLETE 1 EA $1,600.00 $1,600.00 9 BIKE RACKS(3 SPACES) 3 EA $100.00 $300.00 10 STREET TREES EA $165.00 $0.00 11 LANDSCAPING(PLANTINGS AND 1RR.) SF $2.50 $0.00 12 6'HIGH CMU LANDSCAPE WALL 99 LF $65.00 $6,435.00 13 STRIPING AND SIGNAGE 1 LS $700.00 $700.00 14 PARKING LOT LIGHTING 4 EA $960.00 $3,840.00 ELECTRICAL VAULT AND 15 TRANSFORMER PADS 2 EA $900.00 $1,800.00 SUBTOTAL GRADING/STREETS ON-SITE IMPROVEMENTS= $50,520.30 98-128.01-Page 1 BY: KCS DESCRIPTION COST STORM&UNDER DRAIN SYSTEM NO. I DESCRIPTION QTY. UNIT UNIT PRICE TOTAL FURNISH&INSTALL 6"PVC PIPE INCLUDING ALL EXCAVATION& 1 ROCK BACKFILL 150 LF $18.30 $2,745.00 INSTALL 4"PVC PIPE ROOF DRAIN 2 COLLECTION SYSTEM 300 LF $12.00 $3,600.00 STORMWATER MANAGEMENT CATCH 3 BASIN WITH FILTER CARTRIDGES 2 EA $1,825.00 $3,650.00 4 48"MANHOLE 1 EA $1,790.00 $1,790.00 SUBTOTAL STORM&UNDER DRAIN SYSTEM= $11,785.00 SANITARY SEWER NO. DESCRIPTION QTY. UNIT I UNIT PRICE TOTAL I FURNISH&INSTALL 6"PVC SEWER PIPE COMPLETE INCLUDING EXCAVATION&COMPACTED NATIVE 1 BACKFILL&TESTING 136 LF $23.40 $3,182.40 2 6"CLEANOUTS 1 EA $160.00 $160.00 3 48"MANHOLE 2 EA $2,320.00 $4,640.00 4 TEE CUT SAW CUTTING 40 LF $3.00 $120.00 5 3"AC PATCH W/TAR AND SEAL 1 LS $180.00 $180.00 6 TESTING 1 LS $750.00 $750.00 SUBTOTAL SANITARY SEWER= $9,032.40 98-128.01-Page 2 14/ 10/VJ UO.VJ (AA JVJVYVJJLJ vt.a..n+ nnaa+a• vv., -vuv <. Dec 18 03 12, OSp We n Engirteerine P.C. 503- 3-1888 p 2 12/10/03 09:49 FAX 50384e:, CLEAN WATER DES 81002 DEC 1 8 2003 , • • • J File Number 0682i I CleanWaXServices By Uut cnnro,ar e�I is elt:H, ��"'•1°"�^�°"•re-Screening Site Assessment Jurisdiction TIreSAti�.D Data t tro 1%,200 Map&Tax Let x5102 G� a$ptar 24coj3v, • Owner Site Address Kc srrvs 'C — ontact S141nwAtil- oa)a_ Proposed Activity cl ._% • . Address•- -.'-'l • _ «. Phone porltc� oil q7�'L� • SaoV? S511 oAmialvso onlr below tna furs - Y N NA Y N NA uz Sensitive Composite Map El El Stormwater Infrastructure maps Map# QS#_ Kr�i7 D o E,1 Locally adopted studies or maps ® Other Specify Specify ZGAdC arera.1 ra eased on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No.03 4 1: [] Sensitive areas potentially exist on site or within 200'of the alto.THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT.If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. ril Sensitive areas do not appear to exist on site or within 200'of the stte.This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED.THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. ® The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: /14 rrwrst.) _0.4e 2.002 a'..v.4I pi.oeu 7ht. Ie� .5 ecJ �6r.'/fiajd a _ s Csozyy /w�� r`ie eaclarr'yq '�►er�lSo!%l�� ceder' $voce It e lard. sr-re(.' V Reviewed By: Date: _ gym/2 • Returned to Applicant Mat!l� Fay Counter Post-Ito Fax Note- 7671 Date4sm/03 pa9 esf Date (/ /3 By4 Z�o /j From Ar! /�`r�alf�v �7 ffi C�Jon Co. Uc0 kk Phone* Phone 11-'c 3-/Y6-3 S57 15-03_s9cf-/866 Fexa A rbor ; s+ 's Iree ¶+o±QcTho V1 P\eq , rem evsfs Teragan & Associates Terrence P. Flanagan Arboricultural Consultants Tuesday,December 30,2003 Ed Christensen Welkin Engineering,P.C. 8000 SW Pfaffle St. Portland,OR 97223 Dear Mr.Ed Christensen: Here is the report regarding the tree inventory for the planned development for the property on the northeast corner of SW Pacific Highway and SW Frewing St.,Tigard,Oregon at project to be known as Pacific Park Plaza. Assignment Assignment was to complete an inventory of the trees on a site that is to be developed into a commercial site.The tree inventory to consist of a visual inspection of the trees larger than six inches in diameter from the ground to confirm tree species,rate the trees'condition and to observe any other condition that may impact the trees during the planned development of the property. Limiting Conditions Lot survey provided by Welkin Engineering was utilized to complete the inventory. Diameters of trees were checked for accuracy as were tree locations on the survey that was provided. While symptoms and signs of disease pathogens where looked for,invasive techniques and extensive ground searches below groundcovers were not completed. Site Description The site consists of three lots with three houses on the lots. Two of the homes appear to be in use. There were six trees that were located on the survey. Of those six trees,five were actually on site. The sixth tree was supposedly located in front of the east house that fronts Frewing St. There is no tree or sign of where a tree was at this time in the location of where the survey indicates there should be a tree. There are seven additional trees larger than six inches in diameter on the site that were not shown on the survey. Two,a 25 inch diameter plum and a double leader holly are located just southeast of the two houses that front SW Pacific Hwy. The remaining five additional trees are located along the fence line that forms the southeast property line. Of the 12 trees listed in the Inventory of Trees,Appendix# 1,only six of them exceed 12 inches in diameter. Discussion The plans for the development of the site call for the property to be totally cleared of existing vegetation. That requires that trees larger than 12 inches in diameter will need to be mitigated for on an inch per inch replacement. The three birch trees on the site should not be considered in the count for the number of inches on the property due to their existing condition. The three birch trees have been either topped or have had the tops of the trees damaged by storms some time ago causing extensive decay at the point where the new leaders formed leading to a high probability that the leaders of the trees will fail. The total inches of trees larger than 12 inches in diameter to be removed from the site are 123 inches. The diameter total of the birch trees that should not be considered in the replacement calculation due to their current hazardous or very poor condition is 56 inches. This results in the replacement inches for the trees that are to be removed from the site to total 67 inches. 3145 Westview Circle•Lake Oswego,OR 97034•(503)697-1975•Fax(503)697-1976 E-mail:Terry@Teragan.com Certified Arborist#PN-0120AT Member,American Society of Consulting Arborists Pacific Plaza Page 2 of 4 Welkin Engineering,P.C. 12/30/2003 Conclusion The placement of the improvements on the lot will cause the removal of all the trees on the site. Of the 123 tree diameter inches of trees greater than 12 inches in diameter that are on site,56 of those inches are from trees that are hazardous and should not be considered to have to be replaced,leaving 67 tree diameter inches to be mitigated for. The applicant will be planting appropriate species of trees at appropriate spacing as the design of the site allows. The balance of mitigation trees inches that cannot be fit onto the site will be paid into the Tigard tree fund at the current value per diameter inch. Please call if you have any questions or concerns regarding this report. Sincerely, Terrence P.Flanagan Member,American Society of Consulting Arborists Certified Arborist#PN-0120AT Enclosures; Appendix 1—Tree Inventory 5340 Chinook Ct.•Lake Oswego,OR 97035•(503)670-1995•Fax(503)624-1915 E-mail:teraganQaol.com Certified Arborist#PN-0120 Member,American Society of Consulting Arborists Pacific Plaza Page 3 of 4 Welkin Engineering,P.C. 12/30/2003 Appendix 1-Inventory of Trees Larger Than 6 Inches Diameter Tree t Species Dia. Ti ce Number Removal 1 Spruce Some interior needle yellowing,a few dead 29 Yes Good (Picea sp.) branches. 2 European Tree previously topped or storm damaged Weeping at 12 to 14'. Advance decay in stems due Birch 18" Yes Hazardous to above damage. (Belida pendula) 3 i European Tree previously topped or storm damaged Weeping at 12 to 14'. Advance decay in stems due Birch 17" Yes Hazardous to above damage. (Betula pendula) 4 European Tree previously topped or storm damaged Weeping at 12 to 14'. Advance decay in stems due Birch 21" Yes Hazardous to above damage. (Betula pendula), 5 American 2 stein tree,light sap sucker damage, Holly 7,9" Yes Good invasive plant. (Ilex sp) 6 Plum Tree measure at 18"above ground level, 25" Yes Fair (Prunus sp.) .---�: weak crotches,weak structural growth. 7 ' Sumac 10" Yes Very Poor Uprooted tree,tree is still alive but is lying (Rhus sp) on the ground. 8 Holly 8" Self seeded tree by fence line. 9 E Two stem tree Self seeded tree by fence Mt.Ash 6,6" Yes Fair line. 10 f Cherry 13" Yes Good Self seeded tree by fence line. 11 I Holly 6,6,6 Yes Good Self seeded tree by fence line. 12 hawthorn 7" Yes Good Self seeded tree by fence line. 5340 Chinook Ct.•Lake Oswego,OR 97035•(503)670-1995•Fax(503)624-1915 E-mail:teragan@aol.com Certified Arborist#PN-0120 Member,American Society of Consulting Arborists Pacific Plaza Page 4 of 4 Welkin Engineering,P.C. 12/30/2003 • 5340 Chinook Ct.•Lake Oswego,OR 97035•(503)670-1995•Fax(503)624-1915 E-mail:teragan(a aol.com Certified Arborist#PN-0120 Member,American Society of Consulting Arborists CITY OF TIGARD Community Development S&apingA Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 6/29/2004 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 2004-00001 Type II Land Use Application FILE TITLE: MASSIH OFFICE BUILDING (PACIFIC PARK PLAZA) APPLICANT: Dr. Kamelia Massih APPLICANT'S Welkin Engineering, P.C. PO Box 108 REP.: Attn: Ed Christensen, P.E. Beaverton, OR 97075 8000 SW Pfaffle Street Portland, OR 97223 REQUEST: The applicant is requesting Site Development Review approval to construct a 9,881 square foot, two-story professional-commercial office building on an approximately half-acre site. The existing dwelling units will be demolished. LOCATION: 9965 SW Frewing; WCTM 2S102CB, Tax Lot 3200; and 13000 & 13020 SW Pacific Highway; WCTM 2S102CB, Tax Lots 2800 & 2900. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: MARCH 8, 2004 DATE COMMENTS ARE DUE: MARCH 22, 2004 HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ri CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM Z STAFF DECISION (TENTATIVE) DATE OF DECISION: APRIL 20, 2004 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® SITE ELEVATIONS ® IMPACT STUDY Z SITE PLAN ® STORM WATER ANALYSIS ® SIGHT DISTANCE ANALYSI; ® NARRATIVE ® TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Morgan Tracy, Associate Planner (503) 639-4171, Ext. 2428 • CITY OF TIGARD January 29, 2004 OREGON Kamelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Completeness Review-Massih Office Building, Case File No. SDR2004-00001 Dear Ms. Massih: The City has received your application for Site Development Review (SDR2004-00001) to redevelop three parcels for use as a commercial office building. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Deed/Title/Proof of Ownership. A current copy of the title to the property to show that you are the present owner is required. 2. Landscape/Impervious Area Statistics. To document that the landscaping standards are met, your landscaping plan should indicate the amount of landscaping versus impervious area on the site. 3. Building Height. Similarly, some documentation that you are able to meet the 45 foot building height limit is needed. This does not necessarily mean an elevation of the building, but absent that, some statement that you understand the requirements for the building height, how it is calculated and that you will be able to comply. 4. Landscape Plan. A landscape plan is required. 5. Lighting Plan. A lighting plan for the parking area is needed, and may include wall mounted or pole mounted lights. 6. Vicinity Map. A vicinity map needs to show the location of the project site in relation to the neighborhood or city. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 7. Mailing List. You have supplied the required envelopes, but there is no mailing list to compare it to. Please note that the mailing list is only valid for three months from the date it was printed. 8. Waste Hauler Sign-Off. You may either provide a waste hauler sign off or address the criteria in Chapter 18.755, Solid Waste. 9. Public Facility Items. Please provide the information required by our development review engineer, as shown on the attached sheet. 10.Number of application copies. In addition to the material you have already submitted, please submit an additional 11 FULL SETS of your application materials: plans, written documents, forms etc, along with one set of plans reduced to 8.5x11. Yes this means everything, background material, preapp notes, application form, everything that you are relying on for your application package. Incomplete sets will not suffice and will cause further delays in staffs review. Should you have any questions with regard to these items, please contact me at 503-639-4171. Sinc ely, Morgan racy Associate Planner c: SDR2004-00001 Land Use File is\curpin\morgan\workspace\sdr\sdr2004-00001 (massih)\sdr2004-00001 incomplete.doc • PUBLIC FACILITY PLAN Project: . acific Park Plaza COMPLETENESS CHECKLIST Date: 01/28/04 GRADING Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ® Adjacent parcel grades shown. _ ❑ Geotech study submitted? NA 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. Not shown n Future Street Plan: Must show street profiles, topo NA on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report Must provide sight distance certification. ❑ Street grades compliant? Provide x-section and profile. ❑ Street/ROW widths dimensioned and appropriate? Show dimensions. 30 ' ccjRB l2ADI U S n Private Streets? Less than 6 lots and width NA appropriate? I j Other: SANITARY SEWER ISSUES ® Existing/proposed lines shown. 12EAL1CaNEj SEI.u&K I S ® Stubs to adjacent parcels required/shown? WATER ISSUES ® Existing/proposed lines w/ sizes noted? ® Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? Show meter and size. ❑ Proposed fire protection system shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? Show building storm line. ❑ Preliminary sizing calcs for water quality/detention Provide pre and post impervious area calcs provided? to show that detention is not required. ® Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? NA ❑ Facility shown outside any wetland buffer? NA ❑ Storm stubs to adjacent parcels required/shown? NA The submittal is hereby deemed ❑ COMPLETE VINCOMPLETE BY: _ ._ Date: I 2.8.0 4 REVISED 01/28/04 aS( 02.c 2 00 oa PUBLIC FACILITY PLAN Project: Pacific Park Plaza 3 2-CO COMPLETENESS CHECKLIST Date: 01/28/04 GRADING ® Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ® Adjacent parcel grades shown. ❑ Geotech study submitted? NA 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. P O ❑ Street profiles shown. Not shown SI{ow pROP05e G .ii2 ❑ Future Street Plan: Must show street profiles, topo NA on adjacent parcel(s), etc. (y Traffic Impact and/or Access Report Must provide sight distance certification. ❑ Street grades compliant? Provide x-section and profile. aStreet/ROW widths dimensioned and appropriate? Show dimensions. 30 ' c,uRB rADI u S Private Streets? Less than 6 lots and width NA appropriate? ❑ Other: CITY ,QEDli2ES IO ' 5I14J ArIzikJCx j4w ( 11NLE55 PeUec.401°61.-- 15 0771-ae vcSe Dl '-EGTE'D &y °DoT () /We--1z SvIoe c.R-r- ` W A/w QOM 00o-r.SANITARY SE R ISUE ® Existing/proposed lines shown. IZEALIGNej SEWS,& I S P(ABL-I C. ® Stubs to adjacent parcels required/shown? Sffouj IS' Puf3C-tc- ►s ow TEt M,MATE W/ M I-F a) WATER ISSUES i'1 T?-- ® Existing/proposed lines w/sizes noted? ® Existing/proposed fire hydrants shown? Er Proposed meter location and size shown? Show meter and size. ❑ Proposed fire protection system shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES tgi Existing/proposed lines shown? Show building storm line. jst Preliminary sizing calcs for water quality/detention Provide pre and post impervious area calcs provided? to show that detention is not required. ® Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? NA ❑ Facility shown outside any wetland buffer? NA ❑ Storm stubs to adjacent parcels required/shown? NA The submittal is hereby deemed ❑ COMPLETE 'INCOMPLETE By: a Date: • 26.0 4 2- 2?-o`f REVISED: 01/28/04 LAND USE APPLIC ,,•'ION Project: e COMPLETENESS REVIEW H COMPLETE Ti INCOMPLETE NDARD INFORMATION: �,� eed/Title/Proof Of Ownership Neighborhood Mtg. Affidavits, Minutes, List Of Attendees Ij I pa Study (18.390) PSA Service Provider Letter M Construction Cost Estimate ❑ # Sets Of Application Materials/Plans re-Application Conference Notes ❑ Envelopes With Postage (Verify Count) PROJECT STATISTICS: an Building Footprint Size %Of Landscaping On Site ❑ % Of Building Impervious Surface On Site Q' Lot Square Footage ',...__,/ PLA DIMENSI NED: Building Footprint ffr Parking Space Dimensions(Include Accessible&Bike Parking) Wifif Truck Loading Space Where Applicable Building Height P`. Access Approach And Aisle RV Visual Clearance Triangle Shown ADDITIONAL PLANS: 0/Vicinity tlap P.2 " Architectural Plan Q Tree Inventory Existing Conditions Plan • Landscape Plan [' Site Plan 4, Lighting Plan TREE PLAN/MITIGATION PUN: ❑ - ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) L ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional use) ❑ 1 8.62 0(Tigard Triangle Design Standards) ❑ 18.765(Off-Street Parking/Loading Requirement).r ❑ 18.340(Direcmrs Interpretation) ❑ 18.630(Washington Square Regional(enter) ❑ 18.175(Sensitive Lands knew) ill 18.350(Planned Development) [18.105(Access/Egress/Grwlation)ww. ■ff 18.780(Signs) v. W 18.360(Site Development knew) ❑ 18.710(Accessory Residential Units) ❑�-�f 18.785(Temporary Use Permits) I I 18.370(Y ariances/Adjustments) ❑ 18.115(Density(amputations) [A 18.190(Tree Removal) - ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.120(Design Compatibility Standards) g 18.195(twat Clearance Areas) ID18.385(Miscellaneous Permits) ❑ 18.725(Environmental Performance Standards) ❑ 18.791(Water Resources(WR)Overlay District) 1:I 1 8.390(Decision Making Proceduru/Impact Study) ❑ 18.730(Exceptions To Development Standards) ❑ 18.198(Wirekss Connwniration Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Hrstonc overlay) ❑. 18.810(Street&Utility Improvement Standards)- ❑ 18.420(Land Partitions) ❑ 18.142(Home Occupation Fermis) ❑ 18.430(Subdmsions) Q 18.145(Landscaping&Screening Standards) ❑, 1 8.510(Residential Zoning Districts) ❑f 18.150(Manufactured/Mobil Home Regulations) �t'J{ 18.520(Commercial Zoning Districts) ❑i 18.755(nixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) E. 18.760(Noncontormng Situations) ADDITIONAL TEMS: (14v 5i c f714.4 4 rut„0ti 12-, 5« It 0 bh I:\curpin\mastersVevised\iand use application completeness review.dot REVISED: 17-Jan-01 RESPONSE TO COMPLETENESS REVIEW Dated January 29, 2004 The following are the responses to the issues identified by the completeness review. 1. Deed/Title/Proof of Ownership: A current copy of the title to the three properties to show that Dr.Massih is the present owner is provided. 2. Landscape/Impervious Area Statistics: The Landscaping Plan indicates that 4500 square feet,or 19.9%of the site will be landscaped. 18,066 square feet of the site will be developed with impervious surfaces. 3. Building Height: The approximate height of the building, as expressed within the Application for Site Development Review Narrative,is approximately 36 feet. This is less than the maximum height limit of 45 feet. The maximum height is also indicated on the plans. 4. Landscape Plan: A landscape plan is provided, as sheet 2 of the planning document set. 5. Lighting Plan: A lighting plan is provided, as sheet 3 of the planning document set. 6. Vicinity Map: A vicinity map is provided on sheet 1 of the planning document set. 7. Mailing List: One copy of the mailing list,supplemental to the previously submitted labeled-envelopes,is provided to compare the envelopes to. 8. Waste Hauler Sign-Off: The criteria in Chapter 18.755 Solid Waste is addressed within the Application for Site Development Review Narrative,and the adequate trash enclosure size is identified on sheet 2 of the planning document set. 9. Public Facility Items: The information required by your development review engineer, as shown on the attached checklist, is reflected in the planning document set. 10 1 41 CITY OF TIGARD OREGON March 1, 2004 Kamelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Completeness Review-Massih Office Building, Case File No. SDR2004-00001 Dear Ms. Massih: The City has received the information necessary to begin the review of your Site Development Review application (SDR2004-00001). Staff has, therefore, deemed your application submittal as complete and will begin the review process. The estimated time for rendering a decision from the date an application is deemed complete is 6-8 weeks. Please note that the engineering staff has identified some items that are not clearly shown in the plans (10' sidewalk on Pacific Highway, top of curb profile details, additional right of way dedication on Pacific Highway, public sewer easement system termination). However, to satisfy the criteria in the Development Code, staff will impose these items as necessary conditions of approval, and require more specific information on the construction documents to address these items. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2428. Si n prely, // //'/71-'C Morgan Tracy Associate Planner SDR2004-00001 Land Use File i:\curpin\morgan\workspace\sdrlsdr2004-00001 (massih)1sdr2004-00001 complete.doc 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 i Welkin Engineering, CElVE 8000 SW Pfaffle Street TRANSMITTAL Portland,Oregon 97223 [)r 3 CITY TO: DATE 12-31-03 JOB No. 03-500.07 City of Tigard ATTENTION Morgan Tracy RE: Pacific Park Plaza,SDR Submittal WE ARE TRANSMITTING THE FOLLOWING BY: Mail X Messenger _ Other 1 3 Develo•ment Plannin• Set 2 3 Develo•ment Narrative and A••lication t Wea- No• 4 V S 3 3 Im•act Stud and Storm Water Re•ort 4 3 Arborist Re•ort 5 3 Nei•hborhood Meetin: Information + 2 'SETS of t.AQEd eb EMIEi oPE.s - 5 - • ;U. - . •• £ i• - • • '•- •• - AS INDICATED BELOW: For approval _ For your use _ As requested X For review and comment REMARK:__ Please contact either Ed Christensen or myself with comments or to request additional copies or information. Thank you. CC: file SIGNED BY: & KC Schwartzkoph Phone: (503) 598-1866 Fax: (503) 598-1868 Email:WelkinPC@comcast.net I Welkin Engineering, P.C. 8000 SW Pfaffle Street TRANSMITTAL Portland,Oregon 97223 TO: `DATE 241-04 JOB NO. 03-500.07 City of Tigard ATTENTION Morgan Tracy RE: Pacific Park Plaza;SDR Completeness Submittal Case File No.SDR2004-00001 WE ARE TRANSMITTING THE FOLLOWING BY: Mail X Messenger _ Other 7'? ttsq"'q�'✓_� +.x� 17 "t ''_'4 _ 1 1 Mailin: List,for reference 2 11 Plannin: Document Sets,includin:: A••lication form Pro'ect narrative,Res.onse to corn•leteness review,8.5"x11" •lan set, Si:ht-distance certification Title re•ort,Storm water re•ort,Arborist re•ort, Nei:hborhood meetin: information,Cost estimate,Clean Water Services •rovider letter, MIN - A •.. ••Ir. .•• .11 11 • . . - AS INDICATED BELOW: For approval _ For your use _ As requested X For review and comment REMARKS: CC: Dr.Massih SIGNED BY: file KC Schwartzkoph Phone: (503) 598-1866 Fax: (503) 598-1868 Email:WelkinPC @comcast.net saloN DNEflI4MOD lNiOI ,I,VDI'IddV ilild a r�l?_ it„".:. .W a,,..+ b a g . x „i, "� �” 1 % ''.:'Is' — , 7-1f:',1•— W..... -°-4 s j St,' ' '-: - Y ms` r \\ G t s -» .,• .:.,.�rwg rt� .43,11..:11.+' ]y•� �,� e ` r 9 • L Alp) S 4 �+ 1 t , ra ! _. a � ' "' t.. r r V 9 � � � � � 7,-%, .- , 4. lg t � a YK '°`t -727,5r-4-- t an,A r• • __ �R' ?� r,pp b , •1'l:. %43.4,�;° 77 . �s0... ? a,..Avi u .: ?`r�.,. ":-•.s ,. .i4r"• i NON-RESIDENTIAL S F (Tr I APPLICANT: '4Jf( k1 %n y c f„z-11,r� AGENT: Phone: (5031 59(1, 1 66 Phone: ( ) i i PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: ff > i � i. en.,,,,4 TAX MAPS)/LOT #(S): 2 (Q 1 C g 2 ezv, Z700 3Z02 NECESSARY APPLICATIONS: ,-m- Mv, ',n,,6r.rr evi514./�?PR) � PROPOSAL DESCRIPTION: Cryi,s ..c f (010V „, t �r COMPREHENSIVE PLAN ' MAP DESIGNATION: C.- 6 &cel�✓ru.( fADHrf,,l-ew- .tQ.( ZONING MAP DESIGNATION: G' G CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA: Nr - i ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5w 1 MINIMUM LOT SIZE: sq. ft. Average Min. lot width: S0 ft. Max. building height: '15 ft. Setbacks: Front 6Z ft. Side Sk ft. Rear g() ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: / %. ( NEIGHRO8hIOOD MEETING (Refer to the Neighborhood Meeting Randoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), 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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residen5ai AppficatioM:lanning D+vision Section le NARRATIVE (Refer to Code Chapter 18.3901 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. [IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.0501 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. Fr'ACCESS (Refer to Chapters 18.705 and 18.7651 Minimum number of accesses: 1 Minimum access width: -30 . Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: (,�jj WALKWAY REQUIREMENTS [Refer to Code Section 18.705.0301 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. I I SPECIAL SETBACKS (Refer to Code Chapter 18.7301 > STREETS: feet from the centerline of > LOWER INTENSITY ZONES: feet, along the site's boundary. > FLAG LOT: 10-FOOT SIDE YARD SETBACK., Li SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18130.010.11) 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 (1/2)of the building's height; and The structure will not abut a residential zoned district. 1-4/BUFFERING AND SCREENING [Refer to Code Chapter 18.145) 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. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON•Residenta!AppFcaliowPlann ng Oivision Section • The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: L_c.�f "0 feet along north boundary. feet along east boundary. 110 -7_0 feet along south boundary. feet along west boundary. IN ADC1ITIQN, SIGHT OBSCURING SCREENING IS REQUIRED ArLONG: f c `tom 5 L1 €.0 c(v;„A , vraT lo-a (, t r L,,Ltce) `'✓NCI LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS 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 include the use of landscaped berms, decorative walls, and raised planters. (.{/RECYCLING (Refer to Code Chapter 18.1551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure 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. Lenny Hing is the contact person and can be reached at (503) 625-6177. /PARKING [Refer to Code Section 18.165.0401 REQUIRED parking for this type of use: 0 1 L J G+ /i�LL( Z�7�'I,AV Parking SHOWN on preliminary plan(s): J SECONDARY USE REQUIRED parking: t∎) r 4,5 3 M s7 54 5. 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, are 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. > 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. Q3/ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 1' lJ �t't { ('',4)Q9 f JV z>2 ✓yM J J7l n 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential AppticaOauPlanning Division Section IN BICYCLE RACKS (Refer to Code Section 18.7651 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. O.5 p(,,--(../-571,attic. [ I SENSITIVE LANDS [Refer to Code Chapter 18.7151 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 identi sensitive land areas and their boundaries is the res•onsibili of the a••licant. 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. (1 STEEP SLOPES (Refer to Code Section 18.775.080.C1 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. [(CLEANWATER SERVICES[CWS1 BUFFER STANDARDS (Refer to R&0 96-44/USA Regulations-Chapter 31 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 96-44 � �a c.✓`. '� �,`�,; i� .$�+ At�F �` C'' �.. .'•�i�'7iT' :.j.rr ( ¢• �P/tsx . : • c k ,• '+. s ` 0 • +P, t)�'.GE ''��„�,��ti+y :+` A p 9,, ��-_,�R� `' Y'9 YE E `DEL-�I � "iZ'7,5 ''ik 7t.....L`, De..;OE ...w`i.� a • ' � Y T,:�'y.. ri C R .i?�y�r D '4.. ;=�e4..'."..:: �.Y' ,r •,,-Y'cai;PLa.` ,• o. - - .......:.: .u...,.,._.,. ." • Streams with intermittent flow draining: <25% 15 feet 1 10 to <50 acres 25 feet ► >50 to <100 acres • o Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet o Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres o Natural lakes and ponds • Streams with intermittent flow draining: >25% 30 feet • 10 to <50 acres 50 feet • >50 to <100 acres e Existing or created wetlands >25% Variable from 50-200 feet. Measure o Rivers, streams, and springs with year-round flow in 25-foot increments from the starting e Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Startmg point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring indary, and,br average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 :t 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. 6The 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 ApprKafion/Piannino 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 R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. Ef SIGNS (Refer to Code Chapter 18.1801 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 18.190.030.CJ 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 where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including 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.; 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.; 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. MITIGATION (Refer to Code Section 18.790.060.E1 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 replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NQN-Residential App4cationlPlanning D vision Section D 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: 4 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 183951 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 clear vision area. J ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0601 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(rgard Triangle Design Standards) ._ 1 8.765(Off-Street ParkinglLoading Requirement) ._ 18.340(Directors Interpretation) /18.630(Washington Square Regional Center) /.18.775(Sensitive Lands Review) /18.350(Planned Devebpment) L/ 18.705(Access/Egress/Circulation) ;1 18.780(Signs) ✓ 18.360(Site Development Review) 18.710(Accessory Residential Units) _7.18.785(Temporary Use Permits) _ 18.370(Variances/Adjustments) 18.715(Density Computations) /18.790(Tree Removal) ._. 18.380(Zoning Map/Text Amendments) 18.720(Design Compabbiirrty Standards) v 18.795(Visual Clearance Areas) - 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 8.798(wireless Communication Facilities) V 18.390(Decision Making Procedures/lmpact Study) 18.730(Exceptions To Development Standards) 18.810(Street&Utility Improvement Standards) ____ 18.410(Lot Line Adjustment;) 18.740(Historic overlay) _____ 18.420(Land Partitions) / 18.742(Home occupation Permits) _____ 18.430(Subdivisions) ✓ 18.745(Landscaping&Screening Standards) ___./18.510(Residential Zoning Districts) J 18.750(Manufactured/Mobil Home Regulations) ._._ 18.520(Commercial Zoning Districts) ✓ 1 8.755(Mixed Solid Waste,Recydng Storage) _____ 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section AOMITIONA.CONCERNS OR COMMENTS: ( (lG«lC , W ZS OP ' rU4lf ` - 1— earl, .. UWYI Gst.�ide) Ai ✓GST" 'tcri.,5 yf CA.c.&rlt. cr , iti~h ' -'4 - l`RL . - 11 ' (o/ Pvl "-' 5e-,1;(10 ■ • w , { '1r n %„A0.7v•-., • 04� ;iw 7 fit' tki r ? I deri\e 4. • PROCEDURE / Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional 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 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1)1 8'/2' x 11" map of a proposed protect should be submitted for attachment to the staff report or administrative decision. Application 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. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residenfial AcoricafiooPlannino Drviinn Stu'tinn 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 folJ ws all land use decisions. An appeal on this matter would be heard by the Tigard j a��;fLc 0S---f Le- . 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. 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). _EASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to 3Ite 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 statt 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 (unless deemed as unnecessary by the Planning Division). t PREPARED 8Y: r/' T/'ca,u-r 011 OF TIGARD PLANNING(DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4111 FAX: (503) 684-7291 E-MAIL (:mfrs first names @u.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.itigatd.or.us ratty\masters\Pre-App Notes Commercial.doc Updated: 3-Oct-02 _.Igineering section:preapp.eng) CITY OF TiGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planninq Division Section PRE-APPLICATION CONFERENCENOTES c. ° S a A .. I�'r. �.; x3$4 ..a'' '-', ':- ""#a°..a�5tq.2 a ;: ,f ,. .-( $ t� C LI y!'" d`mt',f" 1� KENG NEERINGECTION Community oregen Shaping A Better community PUBLIC FACILITIES Tax Mauls): 2S102CB Tax Lot(s): 02800 Use Type: Commercial The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: X SW Frewing to 29 feet from centerline X SW Pacific Highway to ?? feet (Applicant should check with ODOT to determine if ROW dedication is required.) — SW to feet (i SW to feet Street improvements: ® Half street improvements will be necessary along SW Frewing, to include: ® 18 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 5-foot concrete sidewalk with planter strip ® street trees ® street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF T1GARD Pre-Application Conference Motes Page 1 of fc EJploeerinp Department Section [ Other: ® Partial street improvements will be necessary along SW Pacific Highway, to include: feet of pavement ® concrete curb storm sewers and other underground utilities ® 10-foot concrete sidewalk with planter strip ® street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: [ street improvements will be necessary along SW , to include: [ feet of pavement concrete curb fl storm sewers and other underground utilities [ -foot concrete sidewalk (l street trees r I street signs, traffic control devices, streetlights and a two-year streetlight fee. (l Other: (� street improvements will be necessary along SW _, to include: feet of pavement ❑ concrete curb storm sewers and other underground utilities -foot concrete sidewalk fl street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: (� street improvements will be necessary along SW _, to include: feet of pavement concrete curb storm sewers and other underground utilities ❑ -foot concrete sidewalk CITY OF TIGARO Pro-Application Conference Notes Page 2 of O Eagiaeerlag gepertmeat Sect len street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Frewing Street. Prior to final inspection, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Frewing Street and runs through the middle of the proposed development. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to connect to the public sewer. Building will not be allowed within the sewer easement or over the top of the existing line. The applicant's plans will have to show the buildings reconfigured or a rerouting of the sewer. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for :RY OFTIGARD Pro-Application Conference Notes Page 3 of 6 igIneelag oepart feet Section information regarding the ..quacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Detention is required if the increase in impervious surface area exceeds 5,000 sf. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of 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. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ® Construction of an on-site water quality facility. Payment of the fee in-lieu. Water quality treatment is required for if the increase in impervious surface area exceeds 1000 sf. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. The applicant must coordinate with ODOT with regards to access provisions along Pacific Highway for this site. ODOT may also require a traffic study. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of CITY OF TARO Pre-Application Conference Notes Page 4 of 6 WOW.,leputment Seedep the TIF is based on the proi. _.,ed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay the fee. PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: if an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. 3ITY OF TIGARD Pre-Mpllcafion Conference Notes Page 5 of 6 D9teeerIng Dsurtmeet Section Building Permit (BUF,. This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: —A „-;'/ .■. . 10 l 5 a 3 ENGINE'RING DEPARTMENT STAFF DATE Phone: (5031 639-4171 Fax: (5031 624-0752 locument3 Revised. September 2,2003 CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 illaeerlap Department Section I 416/.4 Ci/141434 4341;yn °43'43<,." i,y rRlLC uj�UJNL P � � 1 iiii P,p Rox 82p DISPOSAL CO ga***1*b*aii py yy ...., Sherwood, -COMPANY °'� g.� � 0 (503)62S-6)77-�a�e 14, 2004 poiratile Sgg, P.C' land Attention 0223 1e.99s$S j Fw' 0Ah Dear KC ' 8 St. 7'igarhcr©.teVie ,ed ao been determined %e lea fc pt ed your building mitts to be more th $ge ° PJ�s'�t 9965 Please cal!�if adequate F��e1�8�0m nd Fre�tig St an Sincerely, t�a�,�any �A anticipated needs has y, questions or co of�1e '�ejlYB assist PRIDE ms's Public 17.1 503-625-6 !P'` 'AY a2 Primed o:)100%tocyciodpc per, 6\(3'4 • 06/14/2004 es:44 bb3bYb1-" 'y i-'ruut ii 1 71-L/Jkl- ter- —rl rr.ac. w.�... Jun 10 04 12: 15 + lu in Engineering P.C. 503-! 1 a Ge p. 2 . 1 . . S ,j-bc °1 • PizLng n Iglu.. USE. A naoD►FtE.11, vsieseora CF. TVE, kapi0GA-110- c„ tur.... Rat s / ...04;11c) / 4% ./, /A..,,,' 7 N.- /o T1,2900 , '., VERIZON f INSER—OrIC uNE '1 pp/ e q' .?+°,e Ja. '. 8897 SP gyp', 4e �., a I r_ �0r �;/ . MP-200.0 /:7 7 ''' ,� T / ,,.. .t, .4,9,- o0 + i> :a 1 �ril''. :, .:yy ^,( Rr / uAPER =RY i/'1•' w✓. •':q ��� ti 0 79an yr• tµ �,�: ;,r ? , 4 it �o 28c0 r r: .' c r � ..w '1^�, j r. / \ w ,; d • ol r kb 'S.%Nrer...,. k ',kb ' 1 k k/ 'k / at. / % \ � ''"' 0��• r",•',+.I /, \, e�:'!i CONSTRUCT 7.S'►1 7' TRASH OS� 7: .,�`` �; Y1 32 \ r y✓ f THIS SHEEP• �� � * ,,;,ti 4"s.�o / ■ Q ,t,, /'4 \ 5 ',1 Dr. 2(amelia Massih, Optometrist Beaverton Vision World 11020 S.W.Beaverton-Hillsdale Hwy. Beaverton,Oregon 97005 Telephone:503-526-9697 Fax:503-644-8330 -��- O9 4f-o°°° t 14I 511;11 I J b qiki2 -/& uAmte,mit +o rAA- bcf,ern- ViLz ro-K Mot,Oi 80 I cluvti BECER , SEP 132004 J CITY OF TIGARD _`y WM ' pol le o t ' n it Mil 54,-4 1 . 1 SLul - ( O Sti1e, IbO ti r . I M NMI / �o,� I � 4411*-vt 1, i 01--,-.11:-..-,,,:. ' 1 . ro _ II A 0 vt s 1 rn 1 �iI 1 0) ) I/ 1' Z I e o 111, — � cn {- i, cb °- I[ .1 / I 1 r MO I ) )►r5j- Floor S i tro — 1 690 I I NI / w 1 1111111111 i------ .__-T • ''.71 ' ---) 4,1 'a \ \IN . . 1 633 .s.f. storage .: _____ 2952 square feet offices 0 1266 square feet storoge/mechonical (v) — 1 -.,,i'' v■ 1 . _ 41 tr. ... , ,, Jo N - I , _ m If • ; ° immillmirifia 7 i I I I _ - ' il I , 31 open to below Z,t 0 z--Jr,H. <24-41_111< 1.....; ,.. CA4. a.. • .......-+---- . . VI .1 ..4 I a mechanical I I 1 ,3 633 s. . I I & stgrage 1 I I i I I 1 1 -?4 r 1 , I 1 7771..; 1111 Washington County,Oregon 2005_004560 RETURN RECORDED DOCU T TO: 01 )05 09:05:42 AM CITY HALL RECORDS DEPARTMENT Cn=1 Total I CASTILLO � $15.515.00$6.00$71.00-Totals a$32.00 CITY OF TIGARD 111111 1111 1 1 1111 11 1 13125 SW Hall Blvd. Tigard,OR 97223 1111 11111 00712958200500045600 30030 I,Jerry Hanson,Director of Assessment and Taxation and Ex-ORlclo County Clerk for Washington County, " T3 Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of .t`. �s CORPORATION records of said county. `,_ •?t'! 'p) sor { Jerry R.Hanson,Director ment and Taxation, pp. Ex Offlclo County Clerk File No._ 5I)Aca.o 4-0O001 DEDICATION DEED FOR ROAD OR STREET PURPOSES • Space a,ove resery-•for Was ington County Recording info, h n. . does hereby dedicate to the public a perpetual right-of-way for street,road,and utility purpos-s on, .der,across,under, along, and within the following described real properties in Washington County,Oregon: Attached Exhibit"A" • To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this 2 g day of J9ckbe ,20 a T . M ASS I 1-t L� Name of Corporation -gna re Q. 0- gox 1os QC,cI,, Address Title -eekVerfoo F GIB g707.5 N I if Signature Tax Statement Mailing Address(ifdierent from above) Title !AL SEAL K G HOFFMAN NOTARY 1IBLIC-OREGON COMPAVA1f N NO.369916 STATE OF OREGON .) MY COMMISSION\Z.-0%S JUNE 24,2007 )ss. County of Washington ) This instrument was acknowledged before me on (Xi-. a R aCCii (date)by l<CA-mG t O v SS t " Cc r (name(s)of person(s))as (type of authority,e.g.,officer,trustee,etc.) of (Y1 ASS i 41 I I c (name of party on behalf of whom instrument was executed). lP/a`7! 007 A IIIIIIII 2005-4560 LEGAL DESCRIPTION FREWING PROPERTY CITY OF TIGARD R/W DEDICATION The following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, being a portion of the Richardson Donation Land Claim and being a portion of Lot 21,Frewing Orchard Tracts described as follows; Beginning at a point in the centerline of S.W. Pacific Highway, said point being marked with a 5/8"iron bar marked"O.D.O.T,"and running thence North 45° 39' 01"East along the centerline of said Pacific Highway, a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53° 16' 00"East along the centerline of said Frewing Street, a distance of 52.64 feet to a point which is 52,00 feet from the centerline of said Pacific Highway when measured at right angles; Thence North 45° 39" 01"East,parallel with said centerline a distance of 20.24 feet to the true point of beginning of the tract herein described, said point being 20.00 feet Northeasterly from the centerline of said Frewing Street when measured at right angles Thence South 530 16' 00"East along the Easterly right of way line of said Frewing Street a distance of 191.23 feet to the South line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 at Page 285; Thence North 46° 03' 19" East along the South line of said tract, a distance of 9.12 feet; Thence North 53° 16' 00"West, a distance of 185.11 feet; Thence North 18° 50' 59" East, a distance of 6.76 feet to a point which is 52,0 feet Southerly of the centerline of said Pacific Highway when measured at right angles; Thence South 45° 39' 01"West, a distance of 12.98 feet to the point of beginning. RE ISTER D PROFESSIONAL LAND SURVEYOR . �� r OREGON JULY 16, 1987 THOMAS P. SWART 2312 M , 1111111111111111111111111111 2005-4560 DEDICATION EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 111=40' G c' r / 0.r�G / • / ,,., / TL 2900 0 50 / ' /\ 6897 SF / ��i �' , . FF=200.0 , / , / \ i t' - , ■ , ,o\ S ,,�0� UPPER \ ,p � 71� N 18' 4'59"E 6.76' •• • 6� . 26, 0 F TL 2800 \s, / 6, , /� 600 \7 / \` EE: ti / 29' ROW AFTER / S�N45°39'01 "E `S•3• 9' DEDICATION 20.24'\ '6'p 8S / TL 3200 CS� N 91 , FT� R ! . - PROFESSIONAL ■ LAND SURVEYOR . ,�_! �� pr EX. 20' ROW N46'03'19"E 9.12' N OREGON . N JULY 16, 1987 N THOMAS P. SWART Welkin Engineering, P.C. 2312 PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE(503)598-1866 FAX(503)598-1868 J . ! L1 C V' Was, ,.on County,Oregon 2004.105238 0911 0/2004 11:58:32 AM After recording return to: (�n o care cntal Rtrt■8 RECORDa1 Massih LLC ��Qproset� $5.00$5.00$11.00-Toes a$22.00 1831 SW Portland,OR 972 9 Lane II II I I 11111111111110111111111 S w/1 I �, 0, -I�X ciorl� /J 6 : 00650954200401 052380010014 C� (�Wt I,Jerry Manion,Director of Aas.ss m.nt and Taxation and Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrum ant of Karns(( (,NA1 r 7 C f vetting was received and recorded In,the book or y records of said county. '4Ip_M /� Jerry R.Manson,DlnctorbM,t.,amint and Taxation, �`O• Q X l d� Ex-Offlelo County Clerk '6.64%W-44-0r-1r O,2 17 07 c BARGAIN AND SALE DEED Massih, LLC,an Oregon Limited Liability Company,grantor conveys to Massih,LLC,an Oregon Limited Liability Company,grantee the following real property situated Washington County,Oregon. All that property described in deed recorded August 19, 1999 in document number 99-97168. This deed is being recorded to consolidate the three tax accounts 2800,2900, and 3200 on map number 2S102CB. 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 APPRPOVED USES AND TO DETERMINE ANY LIMTS ON LAWSUITS AGAINST FARMIING OR FOREST PRACTICES AS DEFINED IN ORS.30.950 The true consideration for this conveyance is Zero Dated: September /(J , 2004 By: assih, By: Kamelia Massih, Manager STATE OF Oregon ) ) ss. County of Washington ) This instrument was acknowledged before me on September f f' -`;2004 by Kamelia Massih as manger of Massih, LLC, an Oregon Limited Liability Company. / I'+ OFFICIAL SEAL y ! � �, L/ =' � LEILA BRADISH 1 pub is for Oregon 1 ; NOTARY PUBLIC-OREGON () Y �/ 1 �';� COMMISSION NO.366370 expires: a s ti4_ 9 �0 7 MY COMMISSION EXPIRES MAR.9,2007 My commission ex ices: Conditions Associated With 12/21/2004 2:12:33PM TIDEMARK Case #: SDR2004-00001 COMPUTER SYSTEMS, INC. Condition Status UWifed Code Title Hold Status Changed By Tag Date By 1 IMPRVE ALONG PAC HWY AS PRT PROJC None NOT MET KSM 5/26/2004 DLW2 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk,curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s)with curb and sidewalk. 1 CONST VEH ACCESS PKNG PLAN None NOT MET KSM 5/26/2004 DLW2 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 1 PROFILE OF FREWING STREET None NOT MET KSM 5/26/2004 DLW2 18. A profile of SW Frewing Street shall be required,extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 1 ON-SITE H2O QUAL FAC REQ BY CWS None NOT MET KSM 5/26/2004 DLW2 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards(adopted by Resolution and Order No.00-7). Final plans and calculations shall be submitted to the Engineering Department(Kim McMillan)for review and approval prior to issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 1 PERMIT FRM ST OF OR FOR WK OF ROW None NOT MET KSM 5/26/2004 DLW2 20. Prior to issuance of the Site Permit,the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 1 $865 TO CITY FOR STRIPNG BIKE LN None NOT MET KSM 5/26/2004 DLW2 21. Prior to issuance of the Site permit,the applicant shall pay$865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 1 SS DETAILS PART OF PFI PERMIT None NOT MET KSM 5/26/2004 DLW2 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement(PFI)permit plans.The location and capacity of existing,proposed,and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 1 CONST PLNS SHOW SS MANHOLE None NOT MET KSM 5/26/2004 DLW2 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 1 EXTNS/CONECTN PUB H2O LINS ON PFI None NOT MET KSM 5/26/2004 DLW2 24. Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI)permit construction drawings and shall be reviewed and approved by the City's Water Department,as a part of the Engineering Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 1 EROSION CONTROL PLAN None NOT MET KSM 5/26/2004 DLW2 25. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The plan shall conform to the"Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 1 ADDT'L ROW DEDCATD TO PUBLIC None Met 12/21/2004 KSM 12/21/2004 MET 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. Page 3 of 4 CaseConditions..rpt RETURN RECORDED DOCC IT TO: / Fite Cl g + -DOC CITY HALL RECORDS DEPAA I MENT, CITY OF TIGARD • 13125 SW Hall Blvd. Tigard,OR 97223 • CORPORATION File No. VP6)7OoL/ OooO), DEDICATION DEED FOR ROAD OR STREET PURPOSES PAL/ pace a ove reserves for Washington County Recording info i I / StO P 6°C o 77Yd(se's t does hereby dedicate to the public a perpetual right-of-way for street,road, and utility purpoon, cider,across,under, along, and within the following described real properties in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. /L IN WITNESS WHEREOF,I hereunto set my hand on this ,2 Gt day of Qr✓J� Y ,20 a T . MSS I !-t Name of Corporation " _gna re P� O. eox I Us Address Title e�tr n . GIe. g7O7s I\1* Signature Tax Statement Mailing Address(if different from above) Title I:- •, !AL SEAL K C HOFFMAN ,,;� NOTARY -UBLIC-OREGON ` ' COW' . IN NO.369916 STATE OF OREGON .) MYCOMMISSIOr "S JUNE 24,2007 ss. County of Washington ) This instrument was acknowledged before me on nci-. or1 R owl (date)by 1-CmGli a \M r-4- y , Cc (name(s)of person(s))as r (type of authority,e.g.,officer,trustee,etc.) of ( cc i \ l 1 . (name of party on behalf of whom instrument was executed). w2.t il 007 LEGAL DESCRIPTION FREWtNG PROPERTY CITY OF TIGARD R/W DEDICATION The following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, being a portion of the Richardson Donation Land Claim and being a portion of Lot 21,Frewing Orchard Tracts described as follows; Beginning at a point in the centerline of S,W.Pacific Highway, said point being marked with a 5/8"iron bar marked"O.D.O.T."and running thence North 45° 39' 01"East along the centerline of said Pacific Highway, a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53° 16' 00"East along the centerline of said Frewing Street, a distance of 52.64 feet to a point which is 52.00 feet from the centerline of said Pacific Highway 'when measured at right angles; Thence North 45° 39" 01"East,parallel with said centerline a distance of 20.24 feet to the true point of beginning of the tract herein described, said point being 20.00 feet Northeasterly from the centerline of said Frewing Street when measured at right angles Thence South 53° 16' 00" East along the Easterly right of way line of said Frewing Street a distance of 191.23 feet to the South line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 at Page 285; Thence North 46° 03' 19" East along the South line of said tract, a distance of 9.12 feet; Thence North 53° 16' 00"West, a distance of 185.11 feet; Thence North 18° 50' 59" East, a distance of 6.76 feet to a point which is 52.0 feet Southerly of the centerline of said Pacific Highway when measured at right angles; Thence South 45° 39' 01"West, a distance of 12.98 feet to the point of beginning. RE ISTER • PROFESSIONAL LAND SURvEYOR 111,1M- OREGON JULY 16, 1987 THOMAS P. SWART 2312 01/11/2005 ��� (� 7i�' Conditions Associated With J 1:15:05PM TIDEMARK 9�'9� Case#: SDR2004-00001 �f t H/05 COMPUTER SYSTEMS. INC. Condition Status Updated Code Title Hold Status Changed By Tag Date By 1 THREE TAX LOTS CONSOLIDATED None Met 09/10/2004 MET 09/10/2004 PLN 1. Prior to issuance of a site/building permit,the applicant shall provide evidence that the three tax lots have been consolidated. � 1 REVSD SITE PL REQ BUFFR LANDSCPNG None ( / ') IwytAS c°1�Q'`t ( / -4( 05/26/2004 DLW2 2. Prior to issuance of a site/building permit,submit . revised site plan .■at indicates the required buffer landscaping ng the southern property boundary,including trees space. .etween 15 and 30 feet apart,shrubs,and groundcover. 1 REV STE PL PKNG SP FOR CARPLNAN None MET MET 05/26/2004 DLW2 3. Prior to issuance of a site/building permit,the applicant shall submit revised site plans that show one(1)of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible,second in priority to ADA parkin!„. 1 V ST PL SHOW 5 BIKE RACK SPCES None AO> MET 05/26/2004 DLW2 4. Prior to issuance of a site/building permits,the applica shall submit a revised site plan that shows five(5)bicycle rack spaces for the proposed building along with an elevation sho ' g the detail design for the rack. 1 REV ST PL PKNG LOT ADJ PARCL TO E Non MET MET 05/26/2004 DLW2 5. The applicant shall submit a revised site plan that indi ates a feasible parking lot connection to the adjacent parcel to the east(WCTM2S 102CB-03000)including elevation details at the property line. Physical connection need not be constructed at this time,but the applicant shall provide an access and construction easement,as necessary benefiting this parcel. Such easement shall be recorded and submitted prio to issuance of the building permit. 1 DETAILED PLANS SHOW SRVC FACILITY None T MET MET 05/26/2004 DLW2 6. Prior to issuance of a site/building permit,submit detailed plans that shows that all service facilities including air conditioning units,HVAC,and gas meters,screened from public view. Additionally,the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). 1 BUILDING ELEVATIONS None ..V.0-1-MET MET 05/26/2004 DLW2 7. Prior to issuance of building permits,the applicant shall submit building elevations that include windows that face the interior parking area. 1 VERIFY WASTE HAULER,LOCATN,ENCL None Met 06/29/2004 MET 06/29/2004 MET 8. Prior to issuance of a site/building permit,subm' ./01 . _ om the franchise waste hauler indicating that the location of the proposed trash enclosure meets thei "requirements. 1 DESGN STD MIXD SOLID WST/RECYCL None ►.: MET 05/26/2004 DLW2 9. Prior to issuance of a site/building permit,submit det.t s a..ressmg the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this stan and has been met. 1 REVISED TREE REMOVAL PLAN None et 09/10/2004 MET 09/10/2004 PLN 10. Prior to issuance of site/building permits,the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report,and label each as to its size, species,and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention,a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). The applicant shall install protection measures at the driplines around trees to remain prior to conducting any site work including demolition of structures. Should trees not be protected at this stage,the City will assume that these trees are being removed,and mitigation will be calculated on this basis,regardless of whether trees are preserved on the site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed and approved by the City Forester. At time of final building inspection,an inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree(s)will remain viable. Should work occur on site in violation of the tree protection plan,the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include,but is not limited to,the penalties outlined in Tigard Development Code(TDC)Section 18.790.060. The construction documents shall include a notation to that effect. NOTE: Condition satisfied,applicant to remove all trees. No protection necessary. Page 1 of 4 CaseConditions..rpt 01/11/2005 �_�� Conditions Associated With 01/11/2005 TIDEMARK Case#: SDR2004-00001 COMPUTER SYSTEMS, INC. Condition Status Updated Code Title Hold S us Changed By Tag Date By 1 REV THE MITIGATN/LANDSP PLAN None -v •T MET` ) MET 06/29/2004 MET 11. Prior to issuance of building permits,the applicant sha •_•—•:._,vised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site,less the trees deemed hazardous,that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030(B). Mitigation may consist of trees planted on site(to be shown on the landscape plan and clearly identified as mitigation trees),off-site(subject to property owner and city approval),or a payment in-lieu of planting(currently assessed at$125 per caliper inch). If planting,the applicant shall submit a bond or cash deposit for the value of the mitigation(assessed at$125 per caliper inch)prior to issuance of site/building permits to be refunded upon final building inspection and satisfactorily planting the required trees. If paying the fee in-lieu,such payment shall be made prior to issuance of site/building permits. Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030(B),in addition to any remediation measures,as necessary. NOTE: arborist report submitted 6/29/04(but dated 12/30/03,prior to decision)indicates all trees to be removed. Total of 67 inches to be mitigated. 1 PFI PERMIT None NOT MET KSM 05/26/2004 DLW2 12. Prior to issuance of a site permit,a Public Facility Improvement(PFI)permit is required for this project to cover half street improvements and any other work in the public right-of-way(ROW). Six(6)sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement(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.ci.tigard.or.us). 1 EXACT LGL NAME,ADD,PHONE None NOT MET KSM 05/26/2004 DLW2 13. 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 Engineering Department will delay processing of project documents. 1 SUITE LAYOUT MAP None NOT MET KSM 05/26/2004 DLW2 14. Prior to issuance of the site permit,the applicant shall submit a suite layout map to Shirley Treat,Engineering Department. If the applicant is not sure how many suites will be used,they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat,Engineering). 1 PFI PERMIT SHOW 1/2 ST IMPRVEMENT None NOT MET KSM 09/14/2004 MW 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb,or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer,to be approved by City Engineer; I. underground utilities; J. street signs(if applicable); K. driveway apron(if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner,as approved by the Engineering Department. Page 2 of 4 CaseConditions..rpt • 01/11/2005 Conditions Associated With 1:15:09PM TIDEMARK Case#: SDR2004-00001 COMPUTER SYSTEMS. INC. Condition Status Updated Code Title Hold Status Changed By Tag Date By IMPRVE ALONG PAC HWY AS PRT PROJC None NOT MET KSM 05/26/2004 DLW2 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk,curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s)with curb and sidewalk. 1 CONST VEH ACCESS PKNG PLAN None NOT MET KSM 05/26/2004 DLW2 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 1 PROFILE OF FREWING STREET None NOT MET KSM 05/26/2004 DLW2 18. A profile of SW Frewing Street shall be required,extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 1 ON-SITE H2O QUAL FAC REQ BY CWS None NOT MET KSM 05/26/2004 DLW2 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards(adopted by Resolution and Order No.00-7). Final plans and calculations shall be submitted to the Engineering Department(Kim McMillan)for review and approval prior to issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 1 PERMIT FRM ST OF OR FOR WK OF ROW None NOT MET KSM 05/26/2004 DLW2 20. Prior to issuance of the Site Permit,the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 1 $865 TO CITY FOR STRIPNG BIKE LN None NOT MET KSM 05/26/2004 DLW2 21. Prior to issuance of the Site permit,the applicant shall pay$865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 1 SS DETAILS PART OF PFI PERMIT None NOT MET KSM 05/26/2004 DLW2 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement(PFI)permit plans.The location and capacity of existing,proposed,and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 1 CONST PLNS SHOW SS MANHOLE None NOT MET KSM 05/26/2004 DLW2 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 1 EXTNS/CONECTN PUB H2O LINS ON PFI None NOT MET KSM 05/26/2004 DLW2 24.Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI)permit construction drawings and shall be reviewed and approved by the City's Water Department,as a part of the Engineering Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 1 EROSION CONTROL PLAN None NOT MET KSM 05/26/2004 DLW2 25. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 1 ADDT'L ROW DEDCATD TO PUBLIC None Met 12/21/2004 KSM 12/21/2004 MET 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. Page 3 of 4 CaseConditions..rpt Conditions Associated With 01/11/2005 1:15:05PM TIDEMARK Case#: SDR2004-00001 COMPUTER SYSTEMS. INC. Condition Status Updated Code Title Hold Status Changed By Tag Date By 1 ADD'TL ROW CONVEYED TO ST OF ORE None NOT MET KSM 05/26/2004 DLW2 27. Prior to issuance of the building permit,additional right-of-way shall be conveyed to the State of Oregon,by and through its Department of Transportation,Highway Division,along the frontage of Pacific Highway(99)to increase the right-of-way to provide for 52 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information,contact Rick Reeves,Oregon Department of Transportation,Right-of-Way Section, 123 NW Flanders,Portland,OR 97209-4037;Phone: 731-8461). 1 STE INSPECTN ON THE PROTN MEASURE None NOT MET MET 05/26/2004 DLW2 28. Prior to final building inspection,the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. 1 REQ MITIGTN PLANTD OR FEE PAID None NOT MET MET 05/26/2004 DLW2 29. Prior to final building inspection,the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 1 PLANNING DIV INSPECTION None NOT MET MET 05/26/2004 DLW2 30. Prior to final building inspection,the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. 1 REQ PUB IMPROVEMENTS None NOT MET KSM 05/26/2004 DLW2 31. Prior to a final building inspection,the applicant shall complete the required public improvements,obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 1 AS BUILT DRAWINGS None NOT MET KSM 05/26/2004 DLW2 32. Prior to final building inspection,the applicant shall provide the City with as-built drawings of the public improvements as follows: 1)3 mil mylar,2)a diskette 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). 1 OVRHD UT LNS UNDRGND OR PAY FEE None NOT MET KSM 05/26/2004 DLW2 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen,the amount will be $7,105.00 and it shall be paid prior to final building inspection. 1 DESGN/SPEC OF PRIV H2O FACLTY None NOT MET KSM 05/26/2004 DLW2 34. 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,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. Staff Contact: Hap Watkins,Building Division. 1 MAINT AGREEMTNT W/STRMWTR MGMI" None NOT MET KSM 05/26/2004 DLW2 35. 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,for the proposed onsite storm water treatment facility. • Page 4 of 4 CaseConditions..rpt • co/ti,,110.idES SLAZ00 "oOOD I 1/i-11 ,-7 LEGAL DESCRIPTION FREWING PROPERTY ACCESS EASEMENT The following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, being a portion of the Richardson Donation Land Claim and being a portion of Lot 21, Frewing's Orchard Tracts described as follows; Beginning at a point in the centerline of S.W. Pacific Highway, said point being marked with a 5/8" iron bar marked "O.D.O.T." and running thence North 45° 39' 01" East along the centerline of said Pacific Highway, a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53° 16' 00" East along the centerline of said Frewing Street, a distance of 248.48 feet; Thence North 46° 03' 19" East, a distance of 29.39 to a point which is 29.00 feet from the centerline of said Frewing Street when measured at right angles; Thence North 53° 16' 00" West, parallel with said centerline a distance of 29.20 feet to the true point of beginning of the tract herein described; Thence North 36°44' 00" East, a distance of 15.22 feet; Thence North 46° 03' 19"East, a distance of 93.32 feet to the East line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 at Page 285; Thence North 46° 22' 05" West along said East line, a distance of 20.00 feet; Thence South 46° 03' 19" West, a distance of 94.10 feet; Thence South 36° 44' 00" West, a distance of 16.85 feet to a point which is 29.0 feet Easterly of the centerline of said Frewing Street when measured at right angles; Thence South 53° 16' 01"East, a distance of 20.00 feet to the point of beginning. Ve� T LL 9 ACCESS EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1 "=40' / , / /\ V• /\\�G e , / , P G�L /c,''' \P , // �0 0 \G / // ��'� / , i X/ / / i c (� / . N46'22'05"W 20.00' SS03° .o4, ti 20 �Op,� . N S3 6'44'00"W N ) F'Q�`� .. 16.85' 0p'S /4C S'N \\\ +a N36'44'00"E A S53'16 "E 15.22' \, 20.00' ' / TIE: ..;(00 N\ � N46°03'19"E N ` 29.39' . '. N / TIE: `N N45°48'00"E 20.25' Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W,PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE 15031598-1866 FAX 15031598-1668 PACIFIC PARK PLAZA POSSIBLE FUTURE SHARED ACCESS SCALE: 1 "=40' / .„. / , / , / 0 -k / / QV ,/ 40e, 1•," Q 44 ? ' ' N / .',v .• ■ ,'' .,, '' ' - ■ // "/ - ■ , 1 !! 5-1iiiia 4 TL 2900 .,,,. :.„. .%. . , 0 50 / 6897 SF FF=200.0 .• a- \ ,off UPPER STORY 2984 SF •''. .:,_ na / \....4•1' .. TL 2800 28 , , \ . 1 i.,,, ' a 0 • / FEASIBLE FUTURE PARKING LOT ■ CONNECTION TO ADJACENT PARCEL, . N It". ' . \ A \ • 0. N ' '4 . " .:, Sli.Nv.N \ 77 NN400 . 1%. .. • . •t. . T-.' o „ , / TL 3200 4‘ \11 ,. // .. : N i.,-...■ :1 , .. ' oft „. . - N _ '- '- i 1 ),N N N 30 0. 30-S' ' NS.'';; .t' et . .,..0 ,, N N s/,..,x N...,'kli 1 , ' try / - . \ N/ N •';V , ■ ■ N \ ' ENGINEERING Alltill 1%k. IIMIAMCHIZA SURVEYING .PLANNING EMT= 8000 SW Pfaffle St. Portland,OR 97223 laval Tel:(503)598-1866 r EIZEIMPEIMENGBEr Fax:(503)598-1868 NquelyipF welkinpc@comcastnet www.welkinpc.com 4 November 9, 2005 CITY OF , .,..,,,,, TIGARD OREGON Kamelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Time Extension for - Massih Office Building Case File No. SDR2004-00001 Dear Ms. Massih: The application (SDR2004-00001) is due to expire on November 22, 2005 with several of the conditions of approval not fully satisfied at this time. You have two (2) options to avoid the necessity of re-applying for Site Development Review: . Apply for a one year extension of the approval ($251.00 application fee); • Demonstrate compliance with the following unsatisfied conditions from the original approval: "28. Prior to final building inspection, the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. [Planning] 29. Prior to final building inspection, the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. [Planning] 30. Prior to final building inspection, the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. [Planning] 31. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. [Engineering] 32. Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette 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] 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 -age o 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior to final building inspection. [Engineering] 34. 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, 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. Staff Contact: Hap Watkins, Building Division. [Engineering] 35. 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, for the proposed onsite storm water treatment facility.' [Engineering] In order to satisfy the applicable criteria in the Development Code, staff imposed these items as conditions of approval and requires specific information to address these items. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2428. Ri nrL�rPI\/ James Richardson Associate Planner cc: SDR2004-00001 Land Use File Kim McMillan, Engineering i:lcurpin\james\sdr\sdr2004-00001 (massih)\sdr2004-00001 time extension.doc Page 2 of 2 11/9/2005 • Conditions Associated With 10:49:43AM TIDEMARK Case#: SDR2004-00001 COMPUTER SYSTEMS, INC. Condition pgStatus Updated Code Title Hold Status" ed By Tag Date By 1 THREE TAX LOTS CONSOLIDATED None Met 9/10/2004 MET 9/10/2004 PLN 1. Prior to issuance of a site/building permit,the applicant shall provide evidence that the three tax lots have been consolidated. 1 REVSD SITE PL REQ BUFFR LANDSCPNG None Met 1/14/2005 MET 1/14/2005 MET 2. Prior to issuance of a site/building permit,submit a revised site plan that indicates the required buffer landscaping along the southern property boundary,including trees spaced between 15 and 30 feet apart,shrubs,and groundcover. 1 REV STE PL PKNG SP FOR CARPLNAN None Met 1/13/2005 MET 1/13/2005 MET 3. Prior to issuance of a site/building permit,the applicant shall submit revised site plans that show one(1)of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible,second in priority to ADA parking. 1 REV ST PL SHOW 5 BIKE RACK SPCES None Met 1/14/2005 MET 1/14/2005 MET 4. Prior to issuance of a site/building permits,the applicant shall submit a revised site plan that shows five(5)bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. 1 REV ST PL PKNG LOT ADJ PARCL TO E None Met 1/14/2005 MET 1/14/2005 MET 5. The applicant shall submit a revised site plan that indicates a feasible parking lot connection to the adjacent parcel to the east(WCTM2S102CB-03000)including elevation details at the property line. Physical connection need not be constructed at this time,but the applicant shall provide an access and construction easement,as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. 1 DETAILED PLANS SHOW SRVC FACILITY None Met 1/13/2005 MET 1/13/2005 MET 6. Prior to issuance of a site/building permit,submit detailed plans that shows that all service facilities including air conditioning units,HVAC,and gas meters,screened from public view. Additionally,the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). 1 BUILDING ELEVATIONS None Met 1/13/2005 MET 1/13/2005 MET 7. Prior to issuance of building permits,the applicant shall submit building elevations that include windows that face the interior parking area. 1 VERIFY WASTE HAULER,LOCATN,ENCL None Met 6/29/2004 MET 6/29/2004 MET 8. Prior to issuance of a site/building permit,submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. 1 DESGN STD MIXD SOLID WST/RECYCL None Met 1/14/2005 MET 1/14/2005 MET 9. Prior to issuance of a site/building permit,submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 1 REVISED TREE REMOVAL PLAN None Met 9/10/2004 MET 9/10/2004 PLN 10. Prior to issuance of site/building permits,the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report,and label each as to its size, species,and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention,a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). The applicant shall install protection measures at the driplines around trees to remain prior to conducting any site work including demolition of structures. Should trees not be protected at this stage,the City will assume that these trees are being removed,and mitigation will be calculated on this basis,regardless of whether trees are preserved on the site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed and approved by the City Forester. At time of final building inspection,an inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree(s)will remain viable. Should work occur on site in violation of the tree protection plan,the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include,but is not limited to,the penalties outlined in Tigard Development Code(TDC)Section 18.790.060. The construction documents shall include a notation to that effect. NOTE:Condition satisfied,applicant to remove all trees. No protection necessary. 1 REV THE MITIGATN/LANDSP PLAN None Met 1/14/2005 MET 1/14/2005 MET Page 1 of 4 CaseConditions..rpt Conditions Associated With 11/9/2005 10:49:44AM TIDEMARK Case #: SDR2004-00001 COMPUTER SYSTEMS, INC. Condition Status Updated Code, Title Hold Status Changed By Tag Date AL,By 11. Prior to issuance of building permits,the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site,less the trees deemed hazardous,that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030(B). Mitigation may consist of trees planted on site(to be shown on the landscape plan and clearly identified as mitigation trees),off-site(subject to property owner and city approval),or a payment in-lieu of planting(currently assessed at$125 per caliper inch). If planting,the applicant shall submit a bond or cash deposit for the value of the mitigation(assessed at$125 per caliper inch)prior to issuance of site/building permits to be refunded upon final building inspection and satisfactorily planting the required trees. If paying the fee in-lieu,such payment shall be made prior to issuance of site/building permits. Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030(B),in addition to any remediation measures,as necessary. NOTE:arborist report submitted 6/29/04(but dated 12/30/03,prior to decision)indicates all trees to be removed. Total of 67 inches to be mitigated. 1 PFI PERMIT None Met 1/11/2005 KSM 1/11/2005 PLN 12. Prior to issuance of a site permit,a Public Facility Improvement(PFI)permit is required for this project to cover half street improvements and any other work in the public right-of-way(ROW). Six(6)sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE:these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement(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.ci.tigard.or.us). 1 EXACT LGL NAME,ADD,PHONE None Met 1/11/2005 KSM 1/11/2005 PLN 13. 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 Engineering Department will delay processing of project documents. 1 SUITE LAYOUT MAP None Met 1/14/2005 KSM 1/14/2005 KSM 14. Prior to issuance of the site permit,the applicant shall submit a suite layout map to Shirley Treat,Engineering Department. If the applicant is not sure how many suites will be used,they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat,Engineering). • 1 PFI PERMIT SHOW 1/2 ST IMPRVEMENT None Met 1/11/2005 KSM 1/11/2005 RCP 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb,or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer,to be approved by City Engineer; I. underground utilities; J. street signs(if applicable); K. driveway apron(if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner,as approved by the Engineering Department. 1 IMPRVE ALONG PAC HWY AS PRT PROJC None Met 1/12/2005 KSM 1/12/2005 KSM Page 2 of 4 CaseConditions..rpt Conditions Associated With 11/9/2005 10:49:44AM TIDEMARK Case #: SDR2004-00001 COMPUTER SYSTEMS, INC Condition Status Updated Code Title Hold Status Changed By Tag Date By 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk,curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s)with curb and sidewalk. 1 CONST VEH ACCESS PKNG PLAN None Met 1/14/2005 KSM 1/14/2005 KSM 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 1 PROFILE OF FREWING STREET None Met 1/11/2005 KSM 1/11/2005 RCP 18. A profile of SW Frewing Street shall be required,extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 1 ON-SITE H2O QUAL FAC REQ BY CWS None Met 1/14/2005 KSM 1/14/2005 KSM 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards(adopted by Resolution and Order No.00-7). Final plans and calculations shall be submitted to the Engineering Department(Kim McMillan)for review and approval prior to issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 1 PERMIT FRM ST OF OR FOR WK OF ROW None Met 1/12/2005 KSM 1/12/2005 KSM 20. Prior to issuance of the Site Permit,the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 1 $865 TO CITY FOR STRIPNG BIKE LN None Met 1/14/2005 KSM 1/14/2005 KSM 21. Prior to issuance of the Site permit,the applicant shall pay$865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 1 SS DETAILS PART OF PFI PERMIT None Met 1/11/2005 KSM 1/11/2005 RCP 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement(PFI)permit plans. The location and capacity of existing,proposed,and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 1 CONST PLNS SHOW SS MANHOLE None Met 1/11/2005 KSM 1/11/2005 RCP 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 1 EXTNS/CONECTN PUB H2O LINS ON PFI None Met 1/14/2005 KSM 1/14/2005 KSM 24. Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI)permit construction drawings and shall be reviewed and approved by the City's Water Department,as a part of the Engineering Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 1 EROSION CONTROL PLAN None Met 1/11/2005 KSM 1/11/2005 RCP 25. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The plan shall conform to the"Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 1 ADDT'L ROW DEDCATD TO PUBLIC None Met 12/21/2004 KSM 12/21/2004 MET 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 1 ADD'TL ROW CONVEYED TO ST OF ORE None Met 1/12/2005 KSM 1/12/2005 KSM Page 3 of 4 CaseConditions..rpt .4011 11/9/2005 Conditions Associated With 10:49:44AM TIDEMARK Case #: SDR2004-00001 COMPUTER SYSTEMS, INC. Condition r Status Updated ° " Changed By Tag ' • By 27. Prior to issuance of the building permit,additional right-of-way shall be conveyed to the State of Oregon,by and through its Department of Transportation,Highway Division,along the frontage of Pacific Highway(99)to increase the right-of-way to provide for 52 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information,contact Rick Reeves,Oregon Department of Transportation,Right-of-Way Section, 123 NW Flanders, Portland,OR 97209-4037;Phone: 731-8461). i�W R. STE INSPECTN ON THE PROTN MEASURE None ›IaliVIET MET 5/26/2004 DLW2 y 28. Prior to fmal building inspection,the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. 1 REQ MITIGTN PLANTD OR FEE PAID None NOT MET MET 5/26/2004 DLW2 29. Prior to final building inspection,the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 1 PLANNING DIV INSPECTION None NOT MET MET 5/26/2004 DLW2 X 30. Prior to fmal building inspection,the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. 1 REQ PUB IMPROVEMENTS None NOT MET KSM 5/26/2004 DLW2 31. Prior to a fmal building inspection,the applicant shall complete the required public improvements,obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 1 AS BUILT DRAWINGS None NOT MET KSM 5/26/2004 DLW2 32. Prior to fmal building inspection,the applicant shall provide the City with as-built drawings of the public improvements as follows: 1)3 mil mylar,2)a diskette 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). 1 OVRHD UT LNS UNDRGND OR PAY FEE None NOT MET KSM 5/26/2004 DLW2 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen,the amount will be $7,105.00 and it shall be paid prior to final building inspection. 1 DESGN/SPEC OF PRIV H2O FACLTY None NOT MET KSM 5/26/2004 DLW2 34. 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,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. Staff Contact: Hap Watkins,Building Division. 1 MAINT AGREEMTNT W/STRMWTR MGM? None NOT MET KSM 5/26/2004 DLW2 35. Prior to a fmal 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,for the proposed onsite storm water treatment facility. Page 4 of 4 CaseConditions..rpt November 18, 2005 CITY OF TIGARD OREGON Kamelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Time Extension for - Massih Office Building Case File No. SDR2004-00001 Dear Ms. Massih: This letter is in response to your request for an extension to the approval period for the Massih Office Building. Based on the information submitted on March 19, 2004 staff has determined that the criteria for approval of an extension have been met. The first 18 months of the Site Development Review approval would have expired on November 22, 2005. The new expiration date will be November 22, 2006. No changes to the approved plans can be made, and construction of the site must commence within the one year extension period. The code does not permit any further extensions. Please feel free to contact me at (503) 718-2428 if you have any questions regarding this request. Sincerely, t.,/-60//L-CtY James Richardson Associate Planner c: SDR2004-00001 Land Use file i:curpin/james/SDR/SDR2004-00001.extension.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 11/18/2005 Fees Associated With 9:32:31AM .�I�, Case #: SDR2004-00001 i�W . City of Tigard Fee Start End Revenue Created 4-- Type Date Date Dept Description Account Number By Date Amount Due PRMT 1/1/1990 12/31/2005 [LANDUS] Site Development Rev 100-0000-438000 KJP 1/2/2004 3,423.00 0.00 LUNG 12/6/2000 12/31/2005 [UNGRND] Fee Lieu Underground 230-0000-445003 KSM 5/4/2004 7,105.00 7,105.00 BIKI 7/1/2004 12/31/2005 [BIKE]Bike Striping 200-0000-445004 DLH 7/7/2004 .865.00 0.00 ADD1 7/1/2004 12/31/2005 [EADDRE] Address Fee 100-0000-433070 RCP 1/11/2005 50.00 0.00 APRI 12/28/2004 12/31/2005 [LANDUS] Approval Extension 100-0000-438000 PLN 11/14/2005 219.00 0.00 LRPI 12/28/2004 12/31/2005 [LRPF] LR Planning Surcharge 100-0000-438050 PLN 11/14/2005 32.00 0.00 Total: $7,105.0P Page 1 of 1 CaseFees..rpt lir # DESCRIPTION STATUS ITUS DATE SEVERITY APPLIED BY ACTION BY 31. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. AS BUILT DRAWINGS Met 6/27/08 KSM MSB 32. Prior to final building inspection,the applicant shall provide the City with as-built drawings of the public improvements as follows: 1)3 mil mylar, 2)a diskette 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).Note: We will not be getting as builts for this project. OVRHD UT LNS UNDRGND OR PAY FE Met 6/30/08 KSM MSB 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen, the amount will be$7,105.00 and it shall be paid prior to final building inspection. DESGN/SPEC OF PRIV H2O FACLTY Met 3/26/09 Albert Shields 34. 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, 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. Staff Contact: Hap Watkins, Building Division. MAINT AGREEMTNT W/STRMWTR MGMN Met 9/10/08 KSM KSM 35. 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, for the proposed onsite storm water treatment facility. REV ST PL SHOW 5 BIKE RACK SPC Met 1/14/05 MET MET 4. Prior to issuance of a site/building permits, the applicant shall submit a revised site plan that shows five(5)bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. REV ST PL PKNG LOT ADJ PARCL T Met 1/14/05 Cheryl Caines Cheryl Caines 5. The applicant shall submit a revised site plan that indicates a feasible parking lot connection to the adjacent parcel to the east(WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed at this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. DETAILED PLANS SHOW SRVC FACIL Met 1/13/05 MET MET 6. Prior to issuance of a site/building permit, submit detailed plans that shows that all service facilities including air conditioning units. HVAC. and gas meters, screened from public view. Additionally,the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). BUILDING ELEVATIONS Met 1/13/05 MET MET 7. Prior to issuance of building permits, the applicant shall submit building elevations that include windows that face the interior parking area. VERIFY WASTE HAULER, LOCATN, E Met 6/29/04 MET MET 8. Prior to issuance of a site/building permit, submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. DESGN STD MIXD SOLID WST/RECYC Met 1/14/05 MET MET Page 4 of 5 Apr 15 2009 8: 55FIM Dr. Kamelia Massih 503-644-8330 P -- Via, an County,Oregon 2009-01/904 041 09 03:29:23 PM ty,E cnt=i Stn=21 RSCORDSI 430.00$6.00 S11.00-Total z kt6.40 j 111 l� III Ill $5 l 6� Return To: 01347309200900 795400 .., After Recording, Rkhsrd Hoberroen Dredor or Aoeessmer:and Tounty, end Er elo county Clerk C`tW ^gton r' ri�}. t':'; County,Oregon.do nereDy ceotty Richard H. Allan stmront or wribnp wee received and Worded the ' Bail Janik LLP y . book w records orea�d :•. �.,, G W Main Street,Suite 1100 R chard Robemicht.Dir ar ol,4seessmert and 101 S Tecetion,Ex-Orlldo County Cork Portland, Oregon 97204 EASEMENT AGREEMENT en is executed as of the This EASEMENT AGREEMENT (the" day of Net\ ,200/by DR. KAMELlA MASSIH("UpAh"). RECITALS A. :Massih is the owner of the real property described in Exhibit A(the`Mash Parcel"). B. aii,ftAusk.. Train ("Train") is the owner of the real property described in Exhibit B,(the"Train Parcel"). C_ Massih and Train are collectively referenced herein as the"Parties." The Massih Parcel and the Train Parcel are collectively referenced herein as the" c ls." D. Subject to the terms and conditions of this Agreement,Massih desires to provide an easement across the Massih Parcel to Train,as required by the City of Tigard Site Development Review Decision SDR2004-00001 (the "Decision"), for the purpose of providing future vehicular access,ingress and egress to and from the Train Parcel. The easement area benefiting the Train Parcel (the"Easement Area")is identified on the site plan attached hereto as Exhibit C. AGREEMENTS NOW, THEREFORE,in consideration of the foregoing,the mutual covenants and agreements of the parties set forth herein,and other good and valuable consideration,the receipt and sufficiency of which arc acknowledged,the parties hereby agree as follows: 1. Easement to Train. Massih hereby grants to Train,its tenants, successors and assigns,the non-exclusive right to use the Easement Area for the purpose of vehicular access, ingress,and egress to and from the Train Parcel. 2. Effectiveness. This Agreement shall become effective at such time as Train: (a) has received all necessary approvals and permits for redevelopment of the Train Parcel;and(b) is required by applicable government agencies to cease using the Train Parcel's current access point from Highway 99W for ingress and egress to and from the Train Parcel. At that time, Train shall be allowed to commence construction of the portion of the Easement located on the Apr 15 2009 8: 55AM Dr. Kamelia Massih 503-644-8330 p. 2 • Train Parcel. Massih and Train shall construct on the Massih Parcel and the Train Parcel, respectively, such roadway improvements as are necessary to accommodate ingress and egress of passenger vehicles to and from the Train Parcel (the"Driveway"). Construction of the Driveway shall be consistent with the site plan attached hereto as Exhibit C. As a condition of use of the easement granted under this Agreement, all initial costs of permitting,plan review,and construction of the Driveway shall be paid by Train. 3. Use of Easement:Limitations on Use. Train shall use the Driveway in a manner that minimizes interference with the business activities on,and use of,the Massih Parcel; provided that Train shall not,nor shall Train permit its successors, assigns,or invitees to,use the Driveway for the access of construction vehicles,equipment,or materials onto the Train Parcel, or for other purposes relating to redevelopment of the Train Parcel. 4. Non-Exclusive; Subject to Other Easements. The rights granted in this Agreement are non-exclusive, and shall be subject to any other easements of record. 5. Reservation of Rights to Improve Parcels. Each party and its tenants,successors, and assigns retains the right to construct, operate,maintain,and repair utilities,landscaping and improvements upon its respective Parcels so long as such activities do not unreasonably prohibit access over and across the Easement Area. 6. Maintenance Obligations_ Each party and their respective tenants and/or successors shall maintain, or cause to be maintained, the portion of the Driveway located on such party's respective Parcel, such that the Driveway remains free and clear for vehicular access. Costs for maintenance of the Driveway shall be born equally by the Parties. 7. No Parking on Massih Parcel. The easement granted under this Agreement is for ingress and egress only. Train shall not,nor shall it permit its successors, assigns, guests, customers,or invitees to park at any time in parking spaces located on the Massih Parcel. 8. Loss of Parking Spaces. In the event construction of the Driveway results in the loss of parking spaces on the Massih Parcel,Train shall, before Train's first use of the Easement Area and as a condition of use of the easement granted under this Agreement, grant to Massih and, without limitation, Massih's successors,assigns,guests,customers, and invitees,the right to use a number of parking spaces on the Train Parcel equal to the number of parking spaces lost on the Massih Parcel due to construction of the Driveway. 9. No Signage. Train shall not place signage on the Massih Parcel without the prior written consent of Massih,which may be given or withheld in Massih's sole discretion. JO. Liability Insurance. Massih and Train, as a condition of use of the casement granted under this Agreement shall each procure and maintain in full force at all times a policy or policies of liability insurance with combined minimum limits in an amount not less than that which is then customarily maintained by owners of similar mixed-use properties in a five(5) mile radius of the Parcels. Each party's insurance policies shall provide that such policies may not be cancelled or terminated without thirty (30) days prior notice to the other party and shall Apr 15 2009 8: 55AM Dr. Kamelia Massih 503-644-8330 p. 3 name the other party as an additional insured. Further,each party shall promptly provide proof of insurance to the other, upon request. 11, Indemnification. As a condition of use of the easement granted under this Agreement, Train agrees to indemnify,release,and hold Massih harmless from any loss,claim, damage,liability,or expense arising out of the failure to properly design,locate,or construct the Driveway,except to the extent caused by the negligence or misconduct'of Massih,its tenants, agents,invitees,or employees,and shall further indemnify,release,and hold Massih harmless for any damage or injury to person or property caused as a result of use of the Driveway by, without limitation,Massih and Massih's guests,customers,and invitees. 12. mender's Rights. Any Iender having a first priority mortgage or deed of trust upon a Parcel ("Lender") shall be deemed a third party beneficiary of the portion of the applicable Parcel encumbered by such mortgage or trust deed, including, without limitation,the right to enforce this Agreement at law or in equity. Notwithstanding the foregoing,the rights and obligations contained in this Agreement may be enforced only by Massih, Train,Lender, and their respective successors, and in no event shall any tenant of any Parcel or other third party have any right to enforce this Agreement as a result of such person's status as a tenant or other third-party beneficiary. 13. No Public Dedication. The easement,rights and privileges provided for in this Agreement shall be for the private use of the persons and entities herein described. Such easement,rights, and privileges are not intended to create,nor shall they be construed as creating, any rights in or for the benefit of the general public. 14. Release from Liability. Any person or entity acquiring fee or leasehold title to the Parcels,or any portion thereof, shall be bound by this Agreement only as to the Parcel or portion of the Parcel acquired by such person or entity. In addition,such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehold owner of such tract or portion of the tract,except as to obligations,liabilities or responsibilities that accrue during said period. Although persons or entities may be released under this Section, the casements,covenants and restrictions in this Agreement shall continue to be benefits and servitudes upon said Parcels running with the land. 15. Binding Effect. This Agreement,the easements granted hereunder, and all of the covenants, agreements,conditions and terms contained herein shall run with the land,as such land may be subdivided or partitioned,and shall be binding upon,apply and inure to the benefit of the tenants, successors and assigns of the parties. 16. Termination: Modification, This Agreement may be terminated or modified by Massih at such.time as the City of Tigard concurs that Massih is no longer required to provide access across the Massih Parcel. 17. Severability. The determination that one or more provisions of this Agreement are invalid,void,illegal or unenforceable shall not affect or invalidate the remaining provisions of this Agreement, which shall continue to be of full force and effect. Apr 15 2009 8: 56AM Dr. Kamelia Massih 503-644-8330 p. 4 18. Recitals. The Recitals are incorporated into this Agreement as if fully set forth herein. IN WITNESS WHEREOF,this Agreement was executed as of the date first written above. Dr. Kamelia Massih STATE OF OREGON ) ) ss. County of “ --1,j ) This instrument was acknowledged before me this _D of QIX-% 1 , 2004,by Dr. Kamelia Massih. - 1CYL*KUDNmCK - Not. blic for the State of Oregon Print:. Name: KYLE KvDialK My Commission Expires: 6- IC- X2112 CW1(4LjllaJ 4a1°t?5- Apr 15 2009 8: 56AM Dr. Kamelia Massih 503-644-8330 p. 5 EXHIBIT A LEGAL DESCRIPTION OF MASSIH PARCEL Apr 15 2009 8: 57AM Dr. Kamelia Massih 503-644-8330 p. 6 &LN .a► ►— 1t W•B . Wells miNc.$ )1-1 & Associates, Inc. Surveyors - Engineers • Planners 7.45 ExcapFional Service. •October 14,2008 i$ hie Creative Solutions. W.B.WELLS & ASSOC., INC. �' Your Expectations JOB NO.2008-157 DESCRIPTION ACCESS EASEMENT A 25 FOOT WIDE ACCESS EASEMENT OVER A PORTION OF THAT TRACT OF LAND CONVEYED TO MASSIH LLC,BEING DESCRIBED IN DOCUMENT NO.2004-105238, WASHINGTON COUNTY DEED RECORDS,SITUATED IN THE SOUTHWEST QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE I WEST,WitLAMETTE MERIDIAN,CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID MASSIH LLC TRACT TRACT;THENCE NORTH 46°03'19"EAST,A DISTANCE OF 29,39 FEET;THENCE NORTH 53°16'00"WEST,ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF S.W'.FREW1NG STREET,A DISTANCE OF 24.56 FEET TO THE POINT OF BEGINNING;THENCE CONTIN'UDJG N 53°16'00"WEST,ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 25.09 FEET;THENCE NORTH 41°43'32"EAST,A DISTANCE OF 1 10.86 FEET TO THE NORTHEASTERLY LINE OF SAID MASSIH LLC TRACT;THENCE SOUTH 46°22'05"EAST, ALONG SAID NORTHEASTERLY LINE OF MASSIH LLC TRACT,A DISTANCE OF 25.01 FEET;THENCE SOUTH 41°43'32"WEST,A DISTANCE OF 107.85 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION BASED ON SURVEY NO. 29675, WASHINGTON COUNTY SURVEY RECORDS. REGISTERED PRO •SIONALA 0;4 R y � Y1 ,2005 DEMON T. MACKAI 73477 EXPIRES: 12-31 4230 N.E. Fremont SI.•Portland,OR 97213 • E-mail: Into@wbwelks.com • Fax:503/284-8530• Phone:503/284.5896 Apr 15 2009 8: 57AM Dr. Kamelia Massih 503-644-8330 p. 7 S • ilS.C) Acetr 4 . DOCUMENT NO. 2004-106238 S 25 WIDE ACCESS EASEMENT D F moo- ` '1' .49., � 0 414 9 'Sry 4, g a (1,ii 4•4t 34. ,e %. POINT OF BEGINNING• rya m 5d•18'00' x 25.OB' '4.---MOST SOUTHERLY CORNER BASED ON SN 29675 \ Dpp>M so. 2004-105238 r DESIGNED. 1 IIA B. EUS, INC.� ACCESS EASEMENT SKETCH , 8ORVEYOR3JDY61NEERUPLMINF FOR MASSIF, LLC DATE- 10-44-011 4230 N.E. FREM ONT STREET PORTLAND, OREIION 97213 SCALE, t• .m' PONE 1503) 2E14-5896 SI771ATRD IN Mr SW 1/4 OF SECTION 2, T 2 5, R 1 W, W.M. FILE MO. ow157 Fax 1 505) 284-0550 CITY OF TIGARD, COUNTY OF WAS IINGTOAN, STATE OF OREGON 'I. aEw73E0= ` 3/8/2007 Conditions Associated With 10:05:21AM Case#: SDR2004-00001 Condition Status Updated Code Title Hold Status Changed By Tag Date By 0001 THREE TAX LOTS CONSOLIDATED None Met 9/10/2004 MET 9/10/2004 PLN 1. Prior to issuance of a site/building permit,the applicant shall provide evidence that the three tax lots have been consolidated. 0001 REVSD SITE PL REQ BUFFR LANDSCPNG None Met 1/14/2005 MET 1/14/2005 MET 2. Prior to issuance of a site/building permit,submit a revised site plan that indicates the required buffer landscaping along the southern property boundary,including trees spaced between 15 and 30 feet apart,shrubs,and groundcover. 0001 ADD'TL ROW CONVEYED TO ST OF ORE None Met 1/12/2005 KSM 1/12/2005 KSM 27. Prior to issuance of the building permit,additional right-of-way shall be conveyed to the State of Oregon,by and through its Department of Transportation,Highway Division,along the frontage of Pacific Highway(99)to increase the right-of-way to provide for 52 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information,contact Rick Reeves,Oregon Department of Transportation,Right-of-Way Section, 123 NW Flanders,Portland,OR 97209-4037;Phone: 731-8461). 0001 STE INSPECTN ON THE PROTN MEASURE None NOT MET MET 5/26/2004 DLW2 28. Prior to fmal building inspection,the applicant shall have their arborist conduct a site inspection to ensure the tree protection measures were followed and the preserved trees remain viable. The results of this inspection shall be submitted to the planning department. 0001 REQ MITIGTN PLANTD OR FEE PAID None NOT MET MET 5/26/2004 DLW2 29. Prior to final building inspection,the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. 0001 PLANNING DIV INSPECTION None NOT MET MET 5/26/2004 DLW2 30. Prior to fmal building inspection,the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. 0001 REQ PUB IMPROVEMENTS None NOT MET KSM 5/26/2004 DLW2 31. Prior to a fmal building inspection,the applicant shall complete the required public improvements,obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 0001 AS BUILT DRAWINGS None NOT MET KSM 5/26/2004 DLW2 32. Prior to final building inspection,the applicant shall provide the City with as-built drawings of the public improvements as follows: 1)3 mil mylar,2)a diskette 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). 0001 OVRHD UT LNS UNDRGND OR PAY FEE None NOT MET KSM 5/26/2004 DLW2 33. The applicant shall either place the existing overhead utility lines along SW Frewing Street underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen,the amount will be $7,105.00 and it shall be paid prior to final building inspection. 0001 DESGN/SPEC OF PRIV H2O FACLTY None NOT MET KSM 5/26/2004 DLW2 34. 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,and at completion of the construction. Prior to fmal 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. Staff Contact: Hap Watkins,Building Division. 0001 MAINT AGREEMTNT W/STRMWTR MGM1\ None NOT MET KSM 5/26/2004 DLW2 35. 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,for the proposed onsite storm water treatment facility. Page 1 of 4 CaseConditions..rpt Fen Mo.-jot— f • e t�4 I f ,-OA" Culrt. ��,o p-r�1 ,1 1-41 ct, a— 0( / J)r_A n � ) S Arr, « 9o-uf,-=,. � :.1, 3/8/2007 Conditions Associated With AM Case#: SDR2004-00001 Condition Status Updated Code Title Hold Status Changed By Tag Date By 0001 REV STE PL PKNG SP FOR CARPL/VAN None Met 1/13/2005 MET 1/13/2005 MET 3. Prior to issuance of a site/building permit,the applicant shall submit revised site plans that show one(1)of the proposed new parking spaces reserved for carpool/vanpool parking. These spaces shall be located as close to the building entrances as possible,second in priority to ADA parking. 0001 REV ST PL SHOW 5 BIKE RACK SPCES None Met 1/14/2005 MET 1/14/2005 MET 4. Prior to issuance of a site/building permits,the applicant shall submit a revised site plan that shows five(5)bicycle rack spaces for the proposed building along with an elevation showing the detail design for the rack. 0001 REV ST PL PKNG LOT ADJ PARCL TO E None Met 1/14/2005 4I 1/14/2005 MET The applicant shall submit a revised site plan that indicates a easible parking lot connection to the adjacent parcel to the east(WCTM2S102CB-03000)including elevation details at the property line. Physical connection need not be constructed at this time,but the applicant shall provide an access and construction easement,as r- essa benefiting this arcel. Such easement shall be recorded and submitted prior to issuance of the bui I'r. permit. 0001 SAILED PLANS SHOW SR ACILITY None Met 1/13/2005 MET 1/13/2005 MET 6. Prior to issuance of a site/building permit,submit detailed plans that shows that all service facilities including air conditioning units,HVAC,and gas meters,screened from public view. Additionally,the plans shall identify the material and height of the trash enclosure that meets the requirements of Section 18.745.050(E)(4). 0001 BUILDING ELEVATIONS None Met 1/13/2005 MET 1/13/2005 MET 7. Prior to issuance of building permits,the applicant shall submit building elevations that include windows that face the interior parking area. 0001 VERIFY WASTE HAULER,LOCATN,ENCL None Met 6/29/2004 MET 6/29/2004 MET 8. Prior to issuance of a site/building permit,submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their requirements. 0001 DESGN STD MIXD SOLID WST/RECYCL None Met 1/14/2005 MET 1/14/2005 MET 9. Prior to issuance of a site/building permit,submit details addressing the design standards of the Mixed Solid Waste and Recyclable Storage in order for Staff to determine that this standard has been met. 0001 REVISED TREE REMOVAL PLAN None Met 9/10/2004 MET 9/10/2004 PLN 10. Prior to issuance of site/building permits,the applicant shall prepare a revised tree removal plan. The tree removal plan shall show all the trees on site greater than 12-inch as identified in the arborist report,and label each as to its size, species,and condition. The plan shall also show whether the tree is proposed for removal or to be retained. If any trees are proposed for retention,a protection plan prepared by a certified arborist shall be submitted and include the specific measures that will be employed during site clearing and construction to ensure the viability of the tree(s). The applicant shall install protection measures at the driplines around trees to remain prior to conducting any site work including demolition of structures. Should trees not be protected at this stage,the City will assume that these trees are being removed,and mitigation will be calculated on this basis,regardless of whether trees are preserved on the site. Protection measures may be modified based on the acceptance of a plan prepared by a certified arborist and reviewed and approved by the City Forester. At time of fmal building inspection,an inspection will be conducted by the City Forester to determine whether the measures were effective and that the preserved tree(s)will remain viable. Should work occur on site in violation of the tree protection plan,the applicant/owner will be issued a stop work order until remediation measures can be determined. Remediation can include,but is not limited to,the penalties outlined in Tigard Development Code(TDC)Section 18.790.060. The construction documents shall include a notation to that effect. NOTE: Condition satisfied,applicant to remove all trees. No protection necessary. 0001 REV THE MITIGATN/LANDSP PLAN None Met 1/14/2005 MET 1/14/2005 MET Page 2 of 4 CaseConditions..rpt 3/8/2007 Conditions Associated With 10:05:22AM CACCE L/ ' Case#: SDR2004-00001 Condition Status Updated Code Title Hold Status Changed By Tag Date By 11. Prior to issuance of building permits,the applicant shall prepare a revised tree mitigation/landscape plan. The plan shall include a calculation of the total trees on site,less the trees deemed hazardous,that will be removed for the development. Mitigation shall be assessed per TDC Section 18.790.030(B). Mitigation may consist of trees planted on site(to be shown on the landscape plan and clearly identified as mitigation trees),off-site(subject to property owner and city approval),or a payment in-lieu of planting(currently assessed at$125 per caliper inch). If planting,the applicant shall submit a bond or cash deposit for the value of the mitigation(assessed at$125 per caliper inch)prior to issuance of site/building permits to be refunded upon fmal building inspection and satisfactorily planting the required trees. If paying the fee in-lieu,such payment shall be made prior to issuance of site/building permits. Note that street trees do not qualify for mitigation. Any trees planned for preservation that are removed or rendered no longer viable shall cause the city to recalculate the mitigation requirements per TDC Section 18.790.030(B),in addition to any remediation measures,as necessary. NOTE:arborist report submitted 6/29/04(but dated 12/30/03,prior to decision)indicates all trees to be removed. Total of 67 inches to be mitigated. 0001 PFI PERMIT None Met 1/11/2005 KSM 1/11/2005 PLN 12. Prior to issuance of a site permit,a Public Facility Improvement(PFI)permit is required for this project to cover half street improvements and any other work in the public right-of-way(ROW). Six(6)sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement(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.ci.tigard.or.us). 0001 EXACT LGL NAME,ADD,PHONE None Met 1/11/2005 KSM 1/11/2005 PLN 13. 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 Engineering Department will delay processing of project documents. 0001 SUITE LAYOUT MAP None Met 1/14/2005 KSM 1/14/2005 KSM 14. Prior to issuance of the site permit,the applicant shall submit a suite layout map to Shirley Treat,Engineering Department. If the applicant is not sure how many suites will be used,they must estimate a number. The City will then assign suite numbers and the address fee will then be calculated. The fee must be paid by the applicant prior to issuance of the site permit. (STAFF CONTACT: Shirley Treat,Engineering). 0001 PFI PERMIT SHOW 1/2 ST IMPRVEMENT None Met 1/11/2005 KSM 1/11/2005 RCP 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,which indicate that they will construct a half-street improvement along the frontage of SW Frewing Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb,or curb and gutter as needed; D. storm drainage,including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer,to be approved by City Engineer; I. underground utilities; J. street signs(if applicable); K. driveway apron(if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Frewing Street in a safe manner,as approved by the Engineering Department. Page 3 of 4 CaseConditions•.rpt F 3/8/2007 Conditions Associated With 10:05:21AM Case#: SDR2004-00001 Condition Status Up dated Code Title Hold Status Changed By Tag Date By 0001 IMPRVE ALONG PAC HWY AS PRT PROJC None Met 1/12/2005 KSM 1/12/2005 KSM 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit,indicating that they will construct the following frontage improvements along SW Pacific Highway as a part of this project: A. 10-foot concrete sidewalk,curb-tight; B. street trees spaced per TDC requirements; C. replace existing driveway apron(s)with curb and sidewalk. 0001 CONST VEH ACCESS PKNG PLAN None Met 1/14/2005 KSM 1/14/2005 KSM 17. 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 public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 0001 PROFILE OF FREWING STREET None Met 1/11/2005 KSM 1/11/2005 RCP 18. A profile of SW Frewing Street shall be required,extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 0001 ON-SITE H2O QUAL FAC REQ BY CWS None Met 1/14/2005 KSM 1/14/2005 KSM 19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards(adopted by Resolution and Order No.00-7). Final plans and calculations shall be submitted to the Engineering Department(Kim McMillan)for review and approval prior to issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 0001 PERMIT FRM ST OF OR FOR WK OF ROW None Met 1/12/2005 KSM 1/12/2005 KSM 20. Prior to issuance of the Site Permit,the applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department. 0001 $865 TO CITY FOR STRIPNG BIKE LN None Met 1/14/2005 KSM 1/14/2005 KSM 21. Prior to issuance of the Site permit,the applicant shall pay$865.00 to the City for the striping of the bike lane along the frontage of SW Frewing Street. 0001 SS DETAILS PART OF PFI PERMIT None Met 1/11/2005 KSM 1/11/2005 RCP 22. Sanitary sewer details shall be provided as part of the Public Facility Improvement(PFI)permit plans.The location and capacity of existing,proposed,and future lines shall be addressed. A 15 foot public easement shall be provided for the length of the public sewer on this property. 0001 CONST PLNS SHOW SS MANHOLE None Met 1/11/2005 KSM 1/11/2005 RCP 23. Submit construction plans that show that a sanitary sewer manhole will be installed at the northern most connection to the existing sewer line. 0001 EXTNS/CONECTN PUB H2O LINS ON PFI None Met 1/14/2005 KSM 1/14/2005 KSM 24.Any extension of or connection to public water lines shall be shown on the proposed Public Facility Improvement (PFI)permit construction drawings and shall be reviewed and approved by the City's Water Department,as a part of the Engineering Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 0001 EROSION CONTROL PLAN None Met 1/11/2005 KSM 1/11/2005 RCP 25. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The plan shall conform to the"Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 0001 ADDT'L ROW DEDCATD TO PUBLIC None Met 12/21/2004 KSM 12/21/2004 MET 26. Additional right-of-way shall be dedicated to the Public along the frontage of SW Frewing Street to increase the right-of-way to 29 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. Page 4 of 4 CaseConditions..rpt 1 • • re- : C©/14>ttm 5- SLit 00 L( -0®o0 ( 1/,(.0 v o � (Y-1 Ct SS , ,, L.L_C- I DESCRIPTION at 9 ( ..S U3 /t-L3 i t.t (Pt- FREWING PROPERTY `.t ACCESS EASEMENT The following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, being a portion of the Richardson Donation Land Claim and being a portion of Lot 21, Frewing's Orchard Tracts described as follows; Beginning at a point in the centerline of S.W. Pacific Highway, said point being marked with a 5/8" iron bar marked "O.D.O.T." and running thence North 45° 39' 01" East along the centerline of said Pacific Highway, a distance of 205.24 feet to it's intersection with the centerline of S.W. Frewing Street; Thence South 53° 16' 00" East along the centerline of said Frewing Street, a distance of 248.48 feet; Thence North 46° 03' 19" East, a distance of 29.39 to a point which is 29.00 feet from the centerline of said Frewing Street when measured at right angles; Thence North 53° 16' 00"West, parallel with said centerline a distance of 29.20 feet to the true point of beginning of the tract herein described; Thence North 36°44' 00" East, a distance of 15.22 feet; Thence North 46° 03' 19"East, a distance of 93.32 feet to the East line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 at Page 285; Thence North 46° 22' 05" West along said East line, a distance of 20.00 feet; Thence South 46° 03' 19" West, a distance of 94.10 feet; Thence South 36° 44' 00" West, a distance of 16.85 feet to a point which is 29.0 feet Easterly of the centerline of said Frewing Street when measured at right angles; Thence South 53° 16' 01"East, a distance of 20.00 feet to the point of beginning. ACCESS EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET N SCALE: 11=40' , / / /\ , V / / G � � �1 � / / PC' `Oli / , /4\ ' p 50 / eNe / / / / )< / �, C N46°22'05"W 20.00' . o� 5,3• N N °4 �` 20' 7 , N. 46 D 2� 6' 0�, 8p Ava, •FJ, `\ be" \ xoo CD Sik, 536'44'00"W s �4 'NA \ 16.8 5' °'S ticS' NN . \ ' N36'44'00"E A 553'16 n.Q"E 15.22' \ 20.00' • TIE: y"oo N46°03'19"E \ 29.39' N 't NI I TIE: N45°48'00"E 20.25' Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE(503)598-1866 FAX(5031598-1808 - r --% PACIFIC PARK PLAZA POSSIBLE FUTURE SHARED ACCESS SCALE: 1 "=40' •.• Y" / / / ', / „,.// -I\ ...-• I ...C.4,..--• / Q 11:Z4r f,l'e y ■O ,47.,7, -' / .. ... / ., ' „:,-/ , . • . 1.0 / . , •%, •.,./ TL 2900 0 50 ,/ ,,, /, / I pk. \ FF•=200,0 .'" zt! , / / / \ 'i■'^'`..,'•:. , '' / Nel'0 via'1 tNs 1E w1,\,..N,-Tk s.Wi:7.s UPPER 8STORY '.f. "6IW..,O.. .,•c• ....-.•-.,.i .. // , , 1 . . TL 2800 // / .I. ,F EASIBLE F N IJ I1TJO R E A DMJACAENNT G PLAORT CEL. "<s ‘.■:%. , Wal 2 , '''.• ' ,41;' •'0,-, -••■,, / TL 3200 \ -,, // N / 0 `.. V■ ,,, .,' 0" *.. \ \ •■ \ Pr,. , ; \ ‘..1).,-.., NN, -,.. .....r ,,-. .,, ..... - , ....,.., . _ , . . NN N N .,.... -,. . A - N, -. . le • ■ t,• 1 - et•• , NN N is,„ .."l' ■■• ," / NN g•i'' / vC, .! * ,■• 4. , 4";•,,Vak.,z,/ ',., ■ \ , ‘, ••, 'CN.\. \ , ‘ \ ENGINEERING .4411111.1ak IIIMARLANZA SURVEYING .PLANNING 8000 SW Pfattle St Portland,OR 97223 risAviiiimm Tel:(503)598-1866 A IL EIZ ER Fax:(503)598-1868 IP ‘11111/# welkInpc©comcastnet www.welkinpc.corn _ _ r-- ACCESS EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1"=40° • , / / ,/s" . • °° / 4°x NJ , QP °' / /, `$. 1/ 4, 6 '`P // / , 0 50 / / ��� `r�G� / / / / / o" / `/ N46'22'05"W N 20.00' `�,c 0 \S \. °o�'� ' 20' 3° N. 2.6, so N ►D -,, ,,o,, , G .F . • 7,"°0 ` o' N N.N �, S� S36°44'00"W �� �°) F��. `� 16.85' �.`° ,O� ,tic �N ��� T N N36°44'00"E ` \A 553°16'O.Q„E - 15.22' N. 20.00' `Z - TIE: y 00 N46°03'19"E . N. 29.39' `L 1 • TIE: N, N45°48'00' E 20.25' Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 SW,PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE(5031500-4660 FAX(503)590-ISGS N ACCESS EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 1 "=40' / , / /\ , / , / c> c5c5 \c) '''. _�aQ� 0 50�/ //C3\ , / , / `? / / / {°x /0< / / ■ \ N46'22'05"W 20.00' N .ev 0 SS3• %• o1.,,0 20' 76, .`° stn. A ,,xoo N 4'(c/V- � �� S \ 55 , � 536'44'00"W � GG(' NcA �`l//C�N `.\ 16.85' e ".c, \ N36'44'00"E A S53"16 .Q'E 15,22' 20.00' ` TIE: y"0o \ N46°03'19"E ` N ` 29.39' . i Ni TIE: `N, N45°48'00"E 20.25' Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.W.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE 15031598-1866 FAX(5031593-1808 I LEGAL DESCRIPTION FREWING PROPERTY ACCESS EASEMENT The following described real property situated in the State of Oregon, County of Washington, City of Tigard; That portion of the Northwest Quarter of Section 2,Township 2 South,Range 1 West of the Willamette Meridian,being a portion of the Richardson Donation Land Claim and being a portion of Lot 21, Frewing's Orchard Tracts described as follows; Beginning at a point in the center line of SW Pacific Highway, said point being marked with a 5/8" iron rod marked"O.D.O.T."and running thence N 45° 39' 01" E along the center line of said Pacific Highway,a distance of 205.24 feet to the intersection with the centerline of SW Frewing Street; Thence S 53° 16' 00" E,along the centerline of said Frewing Street, a distance of 248.48 feet; Thence N 46° 03' 19" E a distance of 29.39 feet to a point 29.00 feet from the centerline of said Frewing Street when measured at right angles; Thence N 53° 16' 00"W,parallel with and 29.00 feet from said centerline,a distance of 29.20 feet to the True Point of Beginning of the tract herein described; Thence N 36°44' 00" E a distance of 15.22 feet; Thence N 46° 03' 19" E a distance of 93.32 feet to the East line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 page 285; Thence N 46° 22' 05"W,along said East line, a distance of 20.00 feet; Thence S 46° 03' 19"W a distance of 94.10 feet; Thence S 36° 44' 00"W a distance of 16.85 feet to a point which is 29.00 feet Easterly of the centerline of said Frewing Street when measured at right angles; Thence S 53° 16'01" E a distance of 20.00 feet to the true point of beginning. III CITY OF TIGARD RECEIPT ' 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 27200800000000002330 - 06/30/2008 CASE NO, FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID BUP2004-00297 [TIF-MT]TIF-Mass Trns 210-0000-448005 $4,368.00 BUP2004-00297 [TIF-O]TIF-Office 210-0000-448003 $37,729.92 Total: $42,097.92 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2035 TAAA CONV 06/30/2008 $42,097.92 Payor: MASSIH, LLC Total Payments: $42,097.92 Balance Due: $0.00 Page 1 of 1 • • Z,oc24- -�� 'c / /14 s/At JUL i) 2 20i CITY OF TIGA. Beaverton Vision World BUILDING DIMS S Kamelia Massih, o.D. & Associates 11020 SW Beaverton-Hillsdale Hwy Beaverton, OR 97007 Phone 503.526.9697 Fax 503.644.8330 n ssit- spiritone.com Date: j /2, /0 3 To. 1 /7y • Company: C) Fax #: a3--5 qY- 6D Number of pages (including cover) : Comments: �i 4(37 (5- 1 J Please contact us with further questions Attention: The contents of this fax, and any accompanying pages may be privileged and confidential, and are intended only for the use of the addressee indicated. The dissemination, copying, review, or use of this message by any persons other than the addressee, is strictly prohibited. If this fax has been received in error, please notify our office immediately by telephone or fax. Thank you. T 'd OEEB-1179-EOS yisseW eiiaweN 'JO WWES : TT BOOZ ZO Inc a N f Department of Transportation Ni•.■: ..„.„-:..:A,, 6000 S.W.Raab Rd. '•. 1 Portland,OR 97221-2414 June lJ,r`�U( Portland,c,c. rr'lJr (503)229-5002 FAX(503)297-6058 INSPECTION LETTER BNK Construction 45 82nd Drive, Suite 53 B File Code Gladstone, OR 97027 Subject: Frontage improvements permit 2AM39696 Dear Ronald Neilson: This letter confirms my findings of site inspection on June 27, 2008 for the above referenced project. You are advised as follows: ( ) The following variances from the permit provisions were noted and arrangements must be made to correct the facility in accordance with ORS 374.320. ( X ) Project has been completed substantially in conformance with the permit provisions and no further work is necessary. ( X ) A maintenance bond must be secured be for performance bond can be released. The maintenance bond will stay into effect 2yrs from this date and will be 10% of the performance bond. ( ) The completion date was previously extended for one year. This permit is canceled. If you have any questions, please contact me at (503) 229-5002 uaeerely,7 c` -- -- James A. Nelson Permit Specialist Cc: Form 734-1897A(1/03) a -d DEEB-17b9-nos yisseW eiiaweN •JQ Wuc :ll 8002 20 InC Mark VanDomelen-Massih Office Building-Highway 99 frontage Page 1 EJW— CT-969(P / From: Kim Mcmillan ('0y'jq-.; z'f: --. / To: Brian Blalock; Mike White Date: 7/20/2007 3:16:53 PM Subject: Massih Office Building - Highway 99 frontage The ODOT permit for frontage improvements (10 foot sidewalk with planter strip behind the sidewalk) expired in 2006. They will be required to get a new permit and we are going to require a 10 foot sidewalk with the 5 foot planter strip between the curb and sidewalk per our TSP and in accordance with the Highway 99 Task Force recommendation. I spoke to Steve Schalk about this today and he will issue the permit per the City standard for curbside planter strips. Ms. Massih has not applied for a new permit. No final building inspections can be scheduled without the completion and acceptance of the ODOT frontage improvements. Kim CC: Mark VanDomelen; steven.b.schalk @odot.state.or.us • Teragan & Associates, Inc. Terrence P. Flanagan Arboricultural Consultants Friday,August 15,2008 1 (� L M cif} („i -t Ms. Kamelia Massick E',° P.O. Box 108 Beaverton,OR 97075 RE: Inspection of planted trees at Pacific Park Plaza,Tigard,Oregon At your request I have inspected the trees that have been planted at the new development on the NE corner of SW Pacific highway and SW Frewing Street,tax lots 2800,2900&3200 township 2 south,range 1 west,section 2. Ten trees have been planted on the property,six trees along SW Frewing Street and four along SW Pacific Highway for a total of twenty trees. All twenty of the trees(forty inches)that were planted are to count toward the mitigation of 67 diameter inches of viable trees that were removed from the property. All of the trees are two inch caliper sized trees and are of acceptable stock quality. Observing the base of the trees indicated that the graft union of these grafted trees appeared to have been planted close to ground level causing a suspicion that the trees had been planted too deep.To determine if the trees had been planted too deep,an excavation of the soil around the base of three trees was completed,two on the property and one planted along SW Pacific Highway. The inspection revealed that the root crown of the trees was two to four inches below the finish grade. Bark dust was a portion of the material that had been back filled on top of the root system,but the majority of the material appears to be soil that had been become part of the root ball during the nursery production of the trees. Most trees planted in the urban landscape have this"false root ball"occurring on planted trees. While it is desirable to plant trees so that the primary roots of the tree are planted within one to two inches of the soil,as these trees are young it is very likely that they will be able to grow successfully without having to raise the root balls and remove the excess soil from the top of these trees' root balls. It will still be important to removed any excess soil and bark dust from around the trunk of the tree to the top of the primary roots which will be in the ''A inch diameter size give or take a 1/8 inch to prevent excessive moisture in the soil from causing bark dieback on the trunk of the tree and eventual rot. As the removal of the soil and bark dust from around the base of the tree will create a bowl where water can collect, it will also be important to create a trough to allow any excess surface water that might collect in the bowl to drain away and not puddle at the base of the tree. On the trees along SW Pacific Highway it'll be important to remove all of the soil of the false root ball as there is no opportunity to create a drainage trough for excess water to escape. The goal is to remove soil and bark durst from contacting the bark of the trees and to prevent standing puddles of water at the base of each of the trees. Please call if you have any questions or concerns regarding the information stated above. Sincerely, Terrence P. Flanagan ISA Board Certified Master Arborist,#PN-0120 BMT PNW/ISA Certified Tree Risk Assessor,#PN-0152 Member,American Society of Consulting Arborists 3145 Westview Circle•Lake Oswego,OR 97034 (503)697-1975•Fax(503)697-1976•E-mail:terry@teragan.com ISA Board Certified Master Arborist,#PN-0120 BMT Member,American Society of Consulting Arborists RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd.Tigard,OR 97223 CORPORATION & INDIVIDUAL(S) 5 1∎ File No EASEMENT FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCEL Space above reserved for Washington County Recording Information THIS PERPETUAL EASEMENT,granted on this day of ,20 by Massih,LLC,hereinafter called the first party,unto Arthur Train&Mary E.Cline,hereinafter called the second party, WITNESSETH WHEREAS, the first party is the owner in fee simple of the following described property in the City of Tigard, County of Washington,State of Oregon,to wit: Exhibit A And the second is the owner in fee simple of the following described real property in said City,County,and State,to wit: Exhibit B and said two parcels of real estate adjoin each other; WHEREAS, the first party desires to grant to the second party an easement and right to use the motor vehicle driveway described in Exhibit C in conjunction with any lawful use to begin at a time when the second party is no longer permitted direct access to SW Pacific Highway. NOW, THEREFORE, in consideration of the first party granting to the second party an easement hereinafter described, and other valuable consideration each to the other in hand paid,the receipt of which is hereby acknowledged: FIRST: First party conveys to second party a perpetual easement for motor vehicle driveway purposes to use in conjunction with any lawful use along and upon that portion of first party's property described in Exhibit C at a time when the second party is no longer permitted direct access to SW Pacific Highway. SECOND: It will be mutually agreed that each party may use in common with the other party, the whole of said motor vehicle driveway for ingress and egress of motor vehicle,pedestrians,and uses incidental to any lawful use of the property. THIRD: This agreement should bind and inure to the benefit of, as the circumstance may require, not only the immediate parties hereto,but also to their respective heirs,executors,administrators,and successors in interest as well. FOURTH: The maintenance shall be a shared responsibility of the parties and each of the parties shall share the cost of maintaining the easement. The obligation to share maintenance costs shall begin when the second party begins to use the easement because it is no longer permitted direct access to SW Pacific Highway. FIFTH: Each of the parties shall maintain liability insurance which, at a minimum,meets the standard in the industry for the particular types of uses for which the properties are used.The insurance policies shall name the owner of the adjoining parcel as an additional insured in connection with the use of the easement. The obligation to maintain liability insurance shall begin prior to commencing site work upon development of the property described in Exhibit B,when the second party begins to use the easement because it is no longer permitted direct access to SW Pacific Highway. SIXTH: In construing the foregoing agreement, the plural shall mean and include the singular whenever the context so requires. IN WITNESS WHEREOF, I hereunto set my hand on this day of ,20 . Name of Corporation Signature Address Title Signature Title STATE OF OREGON )ss. County of Washington ) This instrument was acknowledged before me on (date)by (name(s) of person (s)) as (type of authority, e.g., officer, trustee, etc) of (name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: IN WITNESS WHEREOF, I hereunto set my hand on this day of ,20 . Name of Individual(s) Signature Address Title Signature Title STATE OF OREGON )ss. County of Washington ) This instrument was acknowledged before me on (date)by (name(s) of person (s)) as (type of authority, e.g., officer, trustee, etc) of (name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT LEGAL DESCRIPTION FREWING PROPERTY ACCESS EASEMENT The following described real property situated in the State of Oregon,County of Washington,City of Tigard; That portion of the Northwest Quarter of Section 2,Township 2 South,Range 1 West of the Willamette Meridian,being a portion of the Richardson Donation Land Claim and being a portion of Lot 21,Frewing's Orchard Tracts described as follows; Beginning at a point in the center line of SW Pacific Highway, said point being marked with a 5/8" iron rod marked"O.D.O.T."and running thence N 45° 39'01"E along the center line of said Pacific Highway,a distance of 205.24 feet to the intersection with the centerline of SW Frewing Street; Thence S 53° 16'00"E,along the centerline of said Frewing Street,a distance of 248.48 feet; Thence N 46° 03' 19"E a distance of 29.39 feet to a point 29.00 feet from the centerline of said Frewing Street when measured at right angles; Thence N 53° 16'00"W,parallel with and 29.00 feet from said centerline,a distance of 29.20 feet to the True Point of Beginning of the tract herein described; Thence N 36°44' 00" E a distance of 15.22 feet; Thence N 46°03' 19" E a distance of 93.32 feet to the East line of that tract conveyed to J.N. Atterbury by deed recorded in Book 127 page 285; Thence N 46° 22'05"W,along said East line, a distance of 20.00 feet; Thence S 46° 03' 19"W a distance of 94.10 feet; Thence S 36°44'00"W a distance of 16.85 feet to a point which is 29.00 feet Easterly of the centerline of said Frewing Street when measured at right angles; Thence S 53° 16' 01"E a distance of 20.00 feet to the true point of beginning. N e 1>-6L-LL A 11^4._ ki2Af � (0e,u le`Q„ � s w �� rc-Arl co-A/6t-p r 1 ACCESS EASEMENT EXHIBIT PACIFIC PARK PLAZA SW FREWING STREET SCALE: 111=401 / , / /,", Q.0 • ,or, / • / \c'' '1'.. qv- L°' /c\' ,0' i / o so NZ / ‘'Z. / i / , PC) / / ■ N46'22'05"W 20.00' N CA X`SJ• ■ .O'S\^O 20' A5‘Ir8 Oe \ �N '/xOO N c0�` / S '� 5 ,F. ,,�. N. 536'44'00"W * Cc, \c, 'pF`v % ` 16.85' ° P 0 4, .° boo 'tic N N ST N N .\ N36'44'00"E 553'16 "E 15.22' \ 20.00' 'S TIE: Q°o Nom` / N46°03'19"E ` 29.39' . / Ni i TIE: `•.. N45°48'00"E 20.25' Welkin Engineering, P.C. PLANNERS,CIVIL ENGINEERS,AND SURVEYORS 8000 S.w.PFAFFLE STREET,PORTLAND,OREGON 97223 PHONE 1503159E-1566 FAX 4503 598-1868 j City of Tigard, Oregon '• 13125 SW Hall Blvd. • Tigar'd, OR 97223 IIIII August 18, 2008 T I G A R D Kamelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Tree Mitigation Cash Assurance Release for Massih Office Building (SDR2004-00001) Dear Ms. Massih: On August 18, 2008,it was determined that 40" caliper inches of mitigation trees were planted per the approved tree mitigation plan dated 1/14/2005 for the Massih Office Building. The original tree mitigation requirement was for$8,375 (67"caliper inches x$125/caliper inch). You have successfully mitigated for$5,000 (40"caliper inches x$125/caliper inch). Prior to final inspection, the remaining$3,375 (27" caliper inches not mitigated x $125/caliper inch) must be submitted to the City of Tigard,Planning Division. Do not hesitate to contact me at (503) 718-2700 if you have any questions or concerns regarding this correspondence. Sincerely, r Gz Todd Prager City Arborist C: SDR2004-00001 Land use file Page 1 of 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Die 700.4/ - ovoo7 CY/9---14- August 18,2008 Karnelia Massih P.O. Box 108 Beaverton, OR 97075 RE: Tree Mitigation Cash Assurance Release for Massih Office Building (SDR2004-00001) Dear Ms. Massih: On August 18, 2008,it was determined that 40"caliper inches of mitigation trees were planted per the approved tree mitigation plan dated 1/14/2005 for the Massih Office Building. The original tree mitigation requirement was for$8,375 (67"caliper inches x$125/caliper inch). You have successfully mitigated for$5,000 (40"caliper inches x$125/caliper inch). Prior to final inspection,the remaining$3,375 (27" caliper inches not mitigated x $125/caliper inch) must be submitted to the City of Tigard,Planning Division. Do not hesitate to contact me at (503) 718-2700 if you have any questions or concerns regarding this correspondence. Sincerely, Todd Prager City Arborist C: SDR2004-00001 Land use file Page 1 of 1 L S I)Ft a 4 - 00001 1'-'10•s s i Cheryl Caines From: Cheryl Caines Sent: Thursday, January 15, 2009 11:10 AM To: 'todd©bvisionworld.com' Subject: RE: Copy of Easement for 9975 SW Frewing Todd, The issue with the statement is that it allows the easement to be modified without the City's consent if it is consistent with the decision. Who is making the determination that the changes are consistent with the decision? That should be up to the City and therefore the City would need to consent to any modification. If that statement is removed, the City is fine with the easement. It should be re-recorded and submitted to the City's Planning Division, my attention. I'll take a final look and then show the condition as "met" in our permit tracking system. Conditions are not removed,just tracked as being met or not met. Thanks, Cheryl From: todd @bvisionworld.com [mailto:todd @bvisionworld.com] Sent: Thursday, January 15, 2009 10:36 AM To: Cheryl Caines Subject: RE: Copy of Easement for 9975 SW Frewing Hi Cheryl, Just to be clear what you are saying, if we remove that sentence the easement is fine to be recorded? It seems to me that the final clause in the sentence, "if such modifications are consistent with the Decision," qualifies the statement to mean that it can only be modified without the City's consent if the modification is consistent with the City's planning Decision. If it is consistent with the decision, then it would never be disapproved, correct? Your thoughts are appreciated. If and when remove the statement, what is the process to remove the condition? Thanks, Todd Original Message Subject: RE: Copy of Easement for 9975 SW Frewing From: Cheryl Caines <cherylc©tigard-or.gov> Date: Thu, January 15, 2009 10:54 am To: "'todd @bvisionworld.com"' <todd(abvisionworld.com> Todd, Unfortunately the access easement was not routed through the Planning Division, which is the division that required the easement. The Planning Manager and I have reviewed the easement and are fine with most of the language with one exception. Under item 16: Termination; Modification, the last sentence about modification without City consent is not acceptable. Please modify the easement to eliminate this statement and re-record the easement. After that I can sign off the condition. Thank you. From: todd @bvisionworld.com [mailto:todd@bvisionworld.com] Sent: Monday, January 12, 2009 4:34 PM To: Cheryl Caines Subject: Copy of Easement for 9975 SW Frewing Hi Cheryl, Attached is a copy of the easement that was recorded for 9975 SW Frewing benefiting the adjacent property per the planning condition. Please review the easement and remove the condition. The easement was presented to Mike McCarthy at the City of Tigard in November. Mr. McCarthy passed the easement along to multiple colleagues and then reported back to my co-worker that the easement was approved. Consequently, the easement was recorded with the county on November 24, 2008. If you have any questions please reply to this e-mail or call me at 503.501.8368. Sincerely, Todd Newlin, Esq. 2 SDcZ C) { -- O 0151:> J,n 12 2009 4: 10PM Dr. Kamelia Massih 503-644-8330 p. 1 Washington County,Oregon 2008-094987 111241200803:48:16 PM 0•E Cnt—_1 stn=21 RECOR0E1 550.00 55.00 811.00.Total=586.00 I11111 After Recorciing,Return To: 0 30885 20 00 88 0100 05 D- t.Richard Hoberntcht.Director of Aaeseenent and nti Richard H.Allan iaration and En-Cffieio County Clerk for Washington Coolly,Oregon.de hereby certiy that the within ` bp-n' ^"'"'•• Ball Janik LLP n.tr�mant v writtnt,w.e rectived and recorded in the " book or records or said cou 101 SW Main Street, Suite 1 100 '*K�pp Eet Oregon Hobernicht.Director of Aar.tent and Portland,Oregon 9!�T 20d Ter"Ion Ee-Omclo County Clark • nok f as Ge C• h EASEMENT 1: 07: This EASEMENT(the"Easement") is executed as of the Ail' day of • v9lt$�, , 2008 by MASSIH,LLC ("Massih"). No ��a GK`S RECITALS rIN A. Massih is the owner of the real property described in Exhibit A(the"Massih Parcel"). B• Arthur Train("Train") is the owner of the real property described in Exhibit B, (the"Train Parcel"). C. The Massih Parcel and the Train Parcel are collectively referenced herein as the "Parcels." D. Subject to the terms and conditions of this Easement,Massih desires to provide an easement across the Massih Parcel to Train, as required by the City of Tigard Site Development Review Decision SDR2004-00001 (the "Decision"),for the purpose of providing future vehicular access,ingress and egress to and from the Train Parcel. The easement area benefiting the Train Parcel(the"Easement Area") is identified on the site plan attached hereto as Exhibit C. GRANT OF EASEMENT 1. Easement to Train. Massih hereby grants to Train, its tenants, successors and assigns,the non-exclusive right to use the Easement Area for the purpose of vehicular access, ingress, and egress to and from the Train Parcel. 2. Conditions to Exercise of Easement Rights. Train may not exercise any rights under this Easement until such time as Train: (a)has received all necessary approvals and permits for redevelopment of the Train Parcel;and(b)is required by applicable government agencies to cease using the Train Parcel's current access point from Highway 99W for ingress and egress to and from the Train Parcel. Train's decision to exercise rights under this Easement shall constitute Train's consent to all of the terms of this Easement. Train shall construct,on the Massih Parcel and the Train Parcel,respectively,such roadway improvements as are necessary to accommodate ingress and egress of passenger vehicles to and from the Train Parcel(the "Driveway"). Construction of the Driveway shall be consistent with the site plan attached hereto C 1Dowaterits and Settings\BVW1 oca1 Settings\Tamparary Internet FilesContent.lE50 Jan 12 2009 4: 10PM Dr. Kamelia Massih 503-844-8330 p. 2 as Exhibit C. As a condition of the privileges granted under this Easement,all costs of permitting, plan review,and construction of the Driveway shall be paid by Train. 3. Use of Easement;Limitations on Use. Train shall use the Driveway in a manner that minimizes interference with the business activities on,and use of,the Massih Parcel; provided that Train shall not, nor shall Train permit its successors, assigns,or invitees to, use the Driveway for the access of construction vehicles, equipment,or materials onto the Train Parcel, or for other purposes relating to redevelopment of the Train Parcel. 4. Non-Exclusive; Subject to Other Easements. The rights granted in this Easement are non-exclusive, and shall be subject to any other easements of record. 5. Reservation of Rights to Improve Parcels. Massih,its tenants,successors,and assigns,retains the right to construct, operate,maintain, and repair utilities,landscaping and improvements on the Massih Parcel so long as such activities do not unreasonably restrict access over and across the Easement Area. 6. Maintenance Obligations. Massih, Train, and their respective tenants and/or successors shall maintain, or cause to be maintained,the portion of the Driveway located on such party's respective Parcel, such that the Driveway remains free and clear for vehicular access. Costs for maintenance of the Driveway shall be born equally by Massih and Train. 7. No Parking on Massih Parcel. The easement granted under this Easement is for ingress and egress only. Train shall not, nor shall it permit its successors,assigns,guests, customers,or invitees to,park at any time in parking spaces located on the Massih Parcel. 8. Loss of Parking Spaces. In the event construction of the Driveway results in the loss of parking spaces on the Massih Parcel, Train shall, before Train's first use of the Easement Area and as a condition of use of the easement granted under this Easement,grant to Massih and, without limitation,Massih's successors, assigns, guests,customers,and invitees,the exclusive right to use a number of parking spaces on the Train Parcel equal to the number of parking spaces lost on the Massih Parcel due to construction of the Driveway. Train shall designate the parking spaces as being for the exclusive use of Massih, shall make the parking spaces available to Massih at all times,and shall keep them clean and free of dirt and/or clutter. To ensure the safety of Massih and Massih's successors, assigns,guests,customers,and invitees,and as a condition of the privileges granted under this Easement, Train shall not allow unleashed, unattended dogs to move freely about the Train Parcel. 9. No Signage. Train shall not place signage on the Massih Parcel without the prior written consent of Massih, which may be given or withheld in Massih's sole discretion. 10. Liability Insurance. Train, as a condition of the privileges granted under this Easement, shall procure and maintain in full force at all times a policy or policies of liability insurance with combined minimum limits in an amount not less than that which is then customarily maintained by owners of similar mixed-use properties in a five (5) mile radius of the Parcels. Train's insurance policy or policies shall provide that such policy or policies may not be C:\J cements and SenioplBVW\local Settings\Tcmpoary Intamd Ftles Conscat.IE5\P( Jan 12 2009 4: 10PM Dr. Kamelia Massih 503-644-8330 p. 3 cancelled or terminated without thirty(30) days prior notice to Massih,and shall name Massih as an additional insured. Further, Train shall promptly provide proof of insurance to Massih, upon request. 11. Indemnification. As a condition of the privileges granted under this Easement, Train agrees to indemnify,release, and hold Massih harmless from and against any loss, claim, damage, liability,or expense arising out of the failure to properly design,locate,or construct the Driveway,except to the extent caused by the negligence or misconduct of Massih, its tenants, agents,invitees,or employees,and shall further indemnify,release, and hold Massih harmless for any damage or injury to person or property caused as a result of use of the Driveway by,without limitation, Massih and Massih's guests, customers,and invitees. Train further agrees not allow any lien to be placed against the Massih Parcel in connection with construction of the Driveway and to indemnify and hold harmless Massih from and against any such lien placed on the Massih Parcel. 12. Lender's Rights. Any lender having a first priority mortgage or deed of trust upon a Parcel ("Lender") shall be deemed a third party beneficiary of the portion of the applicable Parcel encumbered by such mortgage or trust deed,including,without limitation, the right to enforce this Easement at law or in equity. Notwithstanding the foregoing,the rights and obligations contained in this Easement may be enforced only by Massih,Train, Lender, and their respective successors, and in no event shall any tenant of any Parcel or other third party have any right to enforce this Easement as a result of such person's status as a tenant or other third-party beneficiary. 13. No Public Dedication. The easement,rights and privileges provided for in this Easement shall be for the private use of the persons and entities herein described. Such easement,rights,and privileges are not intended to create,nor shall they be construed as creating, any rights in or for the benefit of the general public. 14. Release from Liability. Any person or entity acquiring fee or leasehold title to the Parcels, or any portion thereof, shall be bound by this Easement only as to the Parcel or portion of the Parcel acquired by such person or entity. In addition,such person or entity shall be bound by this Easement only during the period such person or entity is the fee or leasehold owner of such tract or portion of the tract,except as to obligations,liabilities or responsibilities that accrue during said period. Although persons or entities may be released under this Section, the easements,covenants and restrictions in this Easement shall continue to be benefits and servitudes upon said Parcels running with the land. 15. Binding Effect. This Easement,the easements granted hereunder,and all of the covenants,agreements, conditions and terms contained herein shall run with the land,as such land may be subdivided or partitioned,and shall be binding upon,apply and inure to the benefit of the tenants, successors and assigns of Massih and Train. 16. Termination; Modification. This Easement may be terminated or modified by Massih at such time as the City of Tigard concurs that Massih is no longer required to provide access across the Massih Parcel. Notwithstanding the foregoing, Massih may modify this 0\eV,l 1 C1Docurnents end Settings\BVWli,ocal Seaingsiranporary Internet FileslConlmt.IE51Ft Jan 12 2009 4: 10PM Dr. Kamelia Massih 503-644-8330 p. 4 Easement without consent from the City of Tigard, if such modifications are consistent with the Decision. 17. Severability. The determination that one or more provisions of this Easement are invalid,void,illegal or unenforceable shall not affect or invalidate the remaining provisions of this Easement, which shall continue to be of full force and effect. 18. Recitals. The Recitals are incorporated into this Easement as if fully set forth herein. IN WITNESS WHEREOF,this Easement was executed as of the date first written above. Massih,LLC,an 0 -:on limited liabi. •mpany By: ' • elia ih,Manager ICUDNIOK NOTMY RAMC - 011110011 STATE OF OREGON ) -/ OOMMINION • 4■rts ) ss. County of tr]c tis ; �n ) This instrument was acknowledged before me this .2itih day of NovervitlEn. , 2008, by Kamelia Massih,the Manager of Massih,LLC, an Oregon limited liability company. qt470/44:A No blic for the State of Oregon Printed Name: KU Ku GNC My Commission Expires: N1NE 1 , 2i j'1- C:1Documenu and Scttings1B1 Local Scttings\Ternponuy Internet Files'ContentI IP( Jan 12 2009 4: 10PM Dr. Kamelia Massih 503-644-8330 p. 5 EXHIBIT A LEGAL DESCRIPTION OF MASSIR PARCEL • C:wocumeats and Settin slBVWv.oL i Settiaplranporary enema Faa\CaooentIES\P( • Jan 12 2009 4: 10PM Dr. Kamelia Massih 503-644-8330 P. `.r w. 0444000 41.10-11 TN.0.4.Ma.0004440* • EXW81T ONE PARCEL% A porllon of Lot 21.FREWIMG'S ORCHAPJ)TRACTS.in the Ca of Tigard,Washington County,Crayon, described as aflame: 05Wrsni ng on the Northwesterly**W Lot 21,Rowing',Orchard tract!,North 46.40 Eat 1004 hr from the,rust Wsaway Comer of said Let 21: thence Soya 44•12'East 190.8 fat Imam Pt 00 het an iron piip&to an on pipe; dtwtes North 45148'Eat 733 feet to an Yon pipe in the Wa nerly fine of elan ors neyed by J.N.Atterbury end wife to Ludylg Anderson and*Ns by dad recorded AM 11,1824,In Book 127,hge 288,Wad Records: donee North 40°18' West 180.7 fat to the Northerly line if said Lot 21;Marco South 46•48' West 60.8 feet to the point of beginning; EXC EPTI NG T WEREFROM that portion conveyed to the Slits of Oregon,by and drouyh keg:%tats Highway.Corr mission, by a dad rarorded June 7.1083.In hook 333.Peps 381. PARCEL it A portion of Lot 21, FREWING'S ORCHARD TRACTS.In Me City of Tigard, Washipton County. Oregon,described se follow: Beginning in the Northwest comer of Lot 31,and atoning thence North 41°41'fait eking the North lice of said Lot 21, •distance of 100.4 NOT 10a point from which an Iron pipe bears Boi*h 44°12'East 50,0 fact: thence South 44°12'Eat 100.8 fast to an Iron pity thence South 46•48'West 70.0 Not toe point on tfe Westerly Ins of said LII 21,in h center of Cowdy Road No.713: them North 83°19'West aheg said Westerly ine end In the corner ot said County Rood 1810 law to the plan of 04glnrring; EXCEPTING THEREFROM that portion Go weyed to the State of Oregon,by and 1Mouph'ts Stew Highway Commie:Pon. by data',corded Jury 1,1862.in Book 334,Pepe 240 PARCS uI A portion on Lot 21.FREW1NG'S ORCHARD TRACTS. in the City of Tigard,Washington County.Onion.dscrbed as follows: Commencing at•point on to Westerly line of Lot 21,F+ewing's Orchard Tracts rinds n the cemadeea of Carey Road No.713,Mid point being South 63°16'East 153.00'NY?ram the Nonhwsstedy corner of said Lot 21,being further knotiftd an the point In the County Road when that c.isin tract of land described in Pod Boost 186,Pape 486, interacts said County Road at the Northwest corner thereof;'henry from said beginning pektn South 53°16'fast along the Westerly ins of said Lot 21, 84 8 Nat; thence Morin 46•48' East 134.00 fat to an Iron pis at the Southwest corner or a tract conveyed by J.N.Attarbury and wife to Ludwig Anderson and wife by deed recorded April 11,1924,in Deed Book 127,Page 285; thence North 40°18'West 83.7 test to an iron pipe; thence South 4548' Nest 143.1 hat,more or Iris to the point of beginning. 1;* Jan 12 2009 4: 11PM Dr. Kamelia Massih 503-644-8330 p. 7 EXHIBIT B LEGAL DESCRIPTION OF TRAIN PARCEL C:1Doaumatls and Settig8S1BVW\Loul Setting Tempoxwy Intent Fila‘Contau.l E51 PQZKLVK3\POQTLAND.%23622781-v6-Eac mem - _Massih[1]DOC, Jan 12 2009 4: 11PM Dr. Kamelia Massih 503-644-8330 p. 8 EXHIBIT C SITE AREA • • • • C.1Dooumenb and Sattuta:A/DM\ocal Settingi\Temporary InWeet FilealCantentIESIPQZKLVK3I PORTLAND.•,623622781-v6-Easemail_- Massih(I J,DOC . Jan 12 2009 4: 11PM Dr. Kamelia Massih 503-G44-8330 p. 9 WB . Wells & Associates, Inc. Surveyors • Engineers • Planners vs. we,. ExceptlonalService, October 14,2006 ►• �{ Grsatfve Solutions, cn Quality Beyond W.B. WELLS &ASSOC., INCA;` Your Expectations JOB NO.2008-157 DESCRIPTION ACCESS EASEMENT A 25 FOOT WIDE ACCESS EASEMENT OVER A PORTION OF THAT TRACT OF LAND CONVEYED TO MASSIH LLC,BEING DESCRIBED IN DOCUMENT NO.2004-105238, WASHINGTON COUNTY DEED RECORDS,SITUATED IN THE SOUTHWEST QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN,CITY OFTIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID MASSIH LLC TRACT TRACT;THENCE NORTH 46°03'19"EAST,A DISTANCE OF 29.39 FEET;THENCE NORTH 53°16'00"WEST,ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF S.W.FREWING STREET,A DISTANCE OF 24.56 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING N 53°16'00"WEST,ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 25.09 FEET;THENCE NORTH 41°43'32"EAST,A DISTANCE OF 1 10.86 FEET TO THE NORTHEASTERLY LINE OF SAID MASS1H LLC TRACT;THENCE SOUTH 46°22'05"EAST,ALONG SAID NORTHEASTERLY LINE OF MASSIH LLC TRACT,A DISTANCE OF 25.01 FEET;THENCE SOUTH 41°43'32"WEST,A DISTANCE OF 107.85 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION BASED ON SURVEY NO.29675,WASHINGTON COUNTY SURVEY RECORDS. REGISTERED JUL 12 •••- DEIOCION T.MAC1 AI 73427 EXPIRES: 12-31-Q9 4230 N.E.Fremont St.•Portland,OR 97213•E-mail: lntowwbwells.com •Fax:603/281-8530•Phone: 503/284-5896 . • Jan 12 2009 4: 11PM Dr. Kamelia Massih 503-644-8330 p. 10 1 4...%, . • . .4Y 4 . CV a 1 =MEW MD. 2004-10&238 s 0 4s. 25' VIDE ACCESS EASEMENT ) �' F \O' n U" ry `Oz ot b +1 o l,,p. • ct,* 6-). ,s ..7, 4§ *.t...kto,. .-ir . 8. cb. POINT OF BEG I MN!MG z) # N 53•15'00' I 24.50' tr 4.133 N,I. BASED ON SN 29675 -MOST SoLrn Y CORKER \OOCUPENT NO. ma-tome N � . , ,1 I.B. IILLS AID ACCESS EASEMENT SKETCH itiounik /SWIM, INC. ORM MI FOR MASSIE, LLC ant' io-1WM PHONE oREFRESIT eiY 3 foal, t. .Bp, PHO t 0) SITUATED IN I WE SY 1/4 Of SECTION Z, T 2 S. li 1 I, V.Y. ID. CO- 67 CITY OF TIGARD, COLIN7'Y OF YASITTh 7tW, STATE OF OREGON NIVIIEN. 1 i-i.-a ,f 2-o —o Albert Shields 2C1 3 From: Albert Shields Sent: Thursday, March 26, 2009 4:24 PM To: 'nielsen @bnkconstruction.com' Cc: Dick Bewersdorff; Kim McMillan; Brian Blalock; Walter Barnett; Cheryl Caines; Todd Prager; Mike White Subject: Massih Office Building Attachments: Albert Shields.vcf; Albert Shields2.vcf; image001 .jpg Ron, thanks for coming in to City Hall to ask what items need to be completed before the City can conduct a final building inspection on the Massih Office Building shell structure at 13000 SW Capitol Hwy. As we discussed, 4 of the Conditions of Approval of the original Land Use Decision, SDR2004-00001, remain "Not Met." (At the direction of the City Arborist I have signed off a fifth Condition, #28, as being "Not Applicable.") As has always been the case, all of the Conditions of Approval must be Met before a final building inspection will be scheduled. As you know, regardless of the status of the work you have done under Building Permit BUP2004-00297 to construct the shell structure, final inspection approval on the shell must be received before a Letter of Completion will be issued and before final inspections will be scheduled on any permits for Tenant Improvement interior work such as your permit BUP2008-00167. The four "Not-Met" Conditions of Approval on SDR2004-00001 are: 1. Condition #5: The applicant shall submit a revised site plan that indicates a feasible parking lot connection to the adjacent parcel to the east (WCTM2S102CB-03000) including elevation details at the property line. Physical connection need not be constructed at this time, but the applicant shall provide an access and construction easement, as necessary benefiting this parcel. Such easement shall be recorded and submitted prior to issuance of the building permit. Our records show that no such recorded access easement has been received. The last related entry I find in our files indicates that on 11/19/08 our City surveyor required a correction in the text of an Access Easement Description drawn by a Dekkion T. Mackai and that the surveyor was told to make the correction, have an attached text agreement executed, and have both recorded at the County and returned to us. I do not find any indication that we received a copy of a recorded easement. 2. Condition #29: Prior to final building inspection,the applicant shall provide evidence that all the required mitigation has been planted or a fee has been paid to the city in-lieu of planting for the required caliper inches. We have not yet received a revised tree mitigation plan that is signed by the arborist and meets City requirements, along with evidence that the mitigation has been planted–or the payment of the otherwise required fee-in-lieu. 3. Condition #30: Prior to final building inspection,the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. Please call Cheryl Caines at 503-718-2437 to arrange an inspection. 4. Condition#34: 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, 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. My records suggest that we have not yet received a Final Summary Letter from the design engineer confirming that the water quality facility has been completed in compliance with the design specifications. Anything you can do to prompt the production of these required items will be appreciated. The sooner we can sign off these Conditions the sooner we can authorize Building to conduct the final inspections you have requested. Albert Shields Albert Shields City of Tigard p ; Permits/Projects Coordinator Albert gtigard-or.gov ;503) 713-2426 ;503; 624-3631=.- 13125 5V Hall Blvd. Tigard,OR 97223 2 2f7v-J — /129 ocv / Albert Shields From: Cheryl Caines Sent: Friday, March 27, 2009 8:30 AM To: Albert Shields; 'neilsen @bnkconstruction.com' Subject: FW: Copy of Easement for 9975 SW Frewing I sent this message back in January about the easement. I have not received a revised easement. (Condition #5). From: Cheryl Caines Sent: Thursday, January 15, 2009 11:10 AM To: 'todd @bvisionworld.com' Subject: RE: Copy of Easement for 9975 SW Frewing Todd, The issue with the statement is that it allows the easement to be modified without the City's consent if it is consistent with the decision. Who is making the determination that the changes are consistent with the decision? That should be up to the City and therefore the City would need to consent to any modification. If that statement is removed,the City is fine with the easement. It should be re-recorded and submitted to the City's Planning Division, my attention. I'll take a final look and then show the condition as "met" in our permit tracking system. Conditions are not removed,just tracked as being met or not met. Thanks, Cheryl From: todd @bvisionworld.com [mailto:todd @bvisionworld.com] Sent: Thursday, January 15, 2009 10:36 AM To: Cheryl Caines Subject: RE: Copy of Easement for 9975 SW Frewing Hi Cheryl, Just to be clear what you are saying, if we remove that sentence the easement is fine to be recorded? It seems to me that the final clause in the sentence, "if such modifications are consistent with the Decision," qualifies the statement to mean that it can only be modified without the City's consent if the modification is consistent with the City's planning Decision. If it is consistent with the decision, then it would never be disapproved, correct? Your thoughts are appreciated. If and when remove the statement, what is the process to remove the condition? Thanks, Todd Original Message Subject: RE: Copy of Easement for 9975 SW Frewing From: Cheryl Caines <cherylc @tigard-or.gov> Date: Thu, January 15, 2009 10:54 am To: "todd @bvisionworld.com"' <todd @bvisionworld.com> Todd, 1 Unfortunately the access easement■ not routed through the Planning Division ,hich is the division that required the easement. The Planning Manager and I have reviewed the easement and are fine with most of the language with one exception. Under item 16:Termination; Modification, the last sentence about modification without City consent is not acceptable. Please modify the easement to eliminate this statement and re-record the easement. After that I can sign off the condition. Thank you. From: todd @bvisionworld.com [mailto:todd@bvisionworld.com] Sent: Monday, January 12, 2009 4:34 PM To: Cheryl Caines Subject: Copy of Easement for 9975 SW Frewing Hi Cheryl, Attached is a copy of the easement that was recorded for 9975 SW Frewing benefiting the adjacent property per the planning condition. Please review the easement and remove the condition. The easement was presented to Mike McCarthy at the City of Tigard in November. Mr. McCarthy passed the easement along to multiple colleagues and then reported back to my co-worker that the easement was approved. Consequently, the easement was recorded with the county on November 24, 2008. If you have any questions please reply to this e-mail or call me at 503.501.8368. Sincerely, Todd Newlin, Esq. 2 " OcD cnor Albert Shields a.,57 " 44 2-6? From: Todd Prager Sent: Wednesday, April 08, 2009 4:23 PM To: john @bvisionworld.com Cc: Albert Shields; Cheryl Caines; Teragan & Associates Subject: Massih Tree Mitigation Attachments: Massih Office Building Refund Letter, 8-18-2008.doc Hi John, Here is the information I explained in our phone conversation earlier: 1. The Massih Office Building project (SDR2004-00001) was conditioned to mitigate for 67 caliper inches removed by providing a mitigation plan approved by the project arborist, planting trees per plan, and providing a verification letter from the project arborist that the trees were appropriately planted per plan. 2. On April 15, 2008,Terry Flanagan, the project arborist, verified that 40 caliper inches of trees were planted per the approved mitigation plan. 3. On April 18, 2008, I wrote a letter to Dr. Massih (attached) explaining that she would be credited $5000 (40 inches planted x$125/caliper inch) and the City would deposit$3375 (27 caliper inches not mitigated x $125/caliper inch) into its tree mitigation fund. These funds are from a tree mitigation cash assurance deposit from Dr. Massih for$8375 (67 caliper inches removed x $125/caliper inch). 4. In response to my letter, Dr. Massih told me she would like to revise her mitigation plan and plant 27 additional caliper inches worth of trees. 5. On August 21, 2008 I received a revised mitigation plan by Dave Roys, but there was no signature of approval from the project arborist. In addition, trees were spaced too closely in the northern landscape buffer(Chapter 18.745 required minimum buffer spacing of 15'). I spoke to Dave Roys and Dr. Massih about the issues at that time, but I have not yet received a revised plan that was approved by the project arborist. 6. If you would like to revise the mitigation plan, please follow the steps I have outlined above. Otherwise, you could go with your original mitigation submittal, and I can refund $5000 and sign off the condition. I hope this clarifies the situation. Todd Prager Associate Planner/Arborist City of Tigard 503.718.2700 1 IIII CITY OF TIGARD RECEIPT i 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173304 - 04/22/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SDR2004-00001 [TREES]Tree Replacement 100-0000-417000 $3,375.00 Total: $3,375.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 8897 KPEERMAN 04/22/2009 $3,375.00 Payor: Massih LLC Total Payments: $3,375.00 Balance Due: $0.00 Page 1 of 1 --�,rex --moo ,l Albert Shields From: Albert Shields Sent: Wednesday, April 22, 2009 2:57 PM To: Brian Blalock; Rick Bolen; Dan Nelson; Walter Barnett Cc: Cheryl Caines; Dick Bewersdorff; Kim McMillan; Todd Prager; Debbie Adamski Subject: Massih Office Building -- OK for Building Final -- HOLD C of 0 All Conditions of Approval under SDR2004-00001 have now been met and Planning and Engineering are OK with Building Final and C of O. General Contractor has been advised to call for Final. Payment of TIF fees was deferred until occupancy and those fees were paid 6/30/08. [Thanks, Debbie, for finding that.] FYI, Accela shows multiple permits still open at this site: - I pc PLM2006-00049, fixtures and future stacks; % - W SIT2004-00021; ✓ 14?)irt- BUP2004-00297, shell building; and BUP2008-00224, FPS. -- Not having tracked the other permits or their status we have not mentioned them to the G.C. Anticipating a call for building final on BUP2004-00297 you may want to check whether they can all be disposed of with one visit. Albert. From: Cheryl Caines Sent: Wednesday, April 22, 2009 1:43 PM To: Albert Shields; Todd Prager; Mike White; Kim McMillan Subject: Massih I hear that we have a check. I've let the contractor(Ron) know that the building inspection can be requested. He is calling it in for tomorrow. I've signed off everything in Accela. Please let Albert know if there is an issue so we can stop the inspection. Otherwise we'll let them proceed as planned. Cheryl Caines Associate Planner City of Tigard (503) 718-2437 City of Tigard, Oregon 13125 SW Hall Blvd. • Tig.. , OR 97223 57-7)R�J -00601 Friday, April 24, 2009 f` i � . R .ti Kamelia Massih BnK Construction, Inc. POBox 108 45 82nd Drive, Suite 53B Beaverton, OR 97075 Gladstone, OR 97027 . Re: BUP2004-00297, New 11,142 sq ft office building, shell only ;' ,''3 Massih Office Building a' 9975 SW Frewing St. Tigard, OR 97223 To whom it may concern: This letter certifies that all requirements of building permit BUP2004-00297, issued for construction of a building shell at the location above, have been completed. The final inspection was performed and approved on April 24, 2009 by inspectors from the City of Tigard. No tenant spaces are included in this permit, nor shall any tenant improvement be occupied until such time as each space is approved by final inspection of its specific permits, approved for the use intended, and provided with a Certificate of Occupancy. The City neither guarantees nor warrants to the owner, occupant or any other person that this letter evidences strict and complete compliance with each and every ordinance or regulation of the City or the State of Oregon affecting the construction or use of said structure or the land upon which it is situated. Such compliance is the responsibility of the owner and/or occupant of the premises. This letter certifies only that the work covered under the permit number listed above has been completed. It is not permission to occupy tenant spaces. Sincerely, /7,/ / //47 f/ Bri. , ilal.ck B tiding Official cc: Property File, Kim McMillan, Cheryl Caines, Brian Blalock, Ron Nielsen. Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772