Loading...
SDR2002-00013 SDR2002-00013 MAGNO HUMPHRIES EXPANSION NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2002-00013 �~"1 CITY OF TIGARD MAGNO HUMPHRIES EXPANSION Community pingA Betteveoommunt SkapingA Better Community 120 DAYS = 7/1/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MAGNO HUMPHRIES EXPANSION CASE NO.: Site Development Review (SDR) SDR2002-00013 PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. OWNER: Thelma Magno APPLICANT: Magno-Humphries 8800 SW Commercial St. 8800 SW Commercial St. Tigard, OR 97223 Tigard, OR 97223 LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, CRITERIA: 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 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 SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 1 OF 21 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT: Submit evidence of complying with the following conditions to the Planning Division. Staff contact: Morgan Tracy at 503-639-4171, ext. 2428. 1. The applicant shall demonstrate that existing lighting is sufficient to illuminate a person along the pedestrian route connection to the street, or shall install additional lighting to satisfy this standard as part of their building improvements. 2. The applicant/owner shall certify in writing that no increase of I-P uses will occur within the building addition (i.e. warehouse or manufacturing use upstairs) and that no outdoor storage will occur, including outside balcony areas. 3. Prior to issuance of a building permit for Phase I (2nd level office space of up to 3,685 square feet), the applicant shall submit a plan that: A. Designates a minimum of 3 parking stalls for preferential carpool/vanpool spaces. These spaces must be clearly delineated and located as close to the main building entrances as possible. B. Provides for a minimum of 6 bicycle stalls that meet the design requirements of Section 18.765.050.0. of the Tigard Development Code. C. Provides an additional 4 parking spaces and shows the dimensions of existing and proposed parking spaces D. Shows no more than 3,685 square feet of office space upstairs with the balance of the space being unutilized. 4. Prior to issuance of a building permit for Phase II (buildout of 2nd level office space), the applicant shall submit: A. Plans that show where an additional 6 bicycle stalls (for a total of 12 on-site) will be located that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. B. A binding parking agreement for unrestricted use of off-site parking spaces, within 500 feet of the subject site in an amount to be determined based on the extent of additional office use being proposed. C. Plans that designate 5% of the total required parking for preferential carpool/vanpool parking. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The subject property has received several land use approvals through the years. A conditional use permit was granted in 1994 (CUP94-00008) to allow a 3,952 square foot addition to an existing 20,110 square foot building, Building #1. A second conditional use permit was approved in 1995 (CUP 95-00002) to allow the construction of a 14,335 square foot building in addition to the existing building, Building #2. A minor modification was approved early in 2000 to allow the construction of 448 square feet of mezzanine office and 461 of ground floor office space within the existing warehouse space. The operation works in conjunction with a separate property under the same ownership, located off Hall Boulevard, referred to as Building #3. That property serves as the warehousing area for the products manufactured at the subject property. Vicinity Information: The subject site is located on the southwest corner of SW Hall Boulevard and SW Commercial Streets. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 2 OF 21 Site Information and Proposal Description: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing Building #1. This site is subject to an exemption in the zoning code which allows for existing non-conforming industrial structures to conduct I-P uses within the CBD zone. However, it does not permit expansions of those I-P uses beyond the existing structures. The subject request is to expand the structure for office use in the expanded area, a permitted use in the CBD zone, allowing more of the existing structure to be utilized for the I-P manufacturing use. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET Staff received two letters form nearby businesses. Steve DeAngelo, a nearby business owner supported the requested expansion, but wanted to note that with the conceptual extension of Ash Street, the subject property lay directly in the path of the future road. He felt it was important that the City preserve to the extent practical, the ability to extend Ash. RESPONSE: Staff is aware of the Ash Street Extension concept, but at this point it is not a foregone conclusion that Ash Street will be extended in the near future, and more importantly, the alignment has not been determined, and construction has not been authorized by Council. Therefore, there is no regulatory tool to prevent or alter the proposed construction plan. Should right-of-way acquisition be required, the City will need to condemn a portion of property, and compensate the owner for the lost value of the improvements. Ian Weston, of Weston Body Works wanted to note that the proposed expansion was occurring directly adjacent to the planned [commuter rail] station, and that consideration should be given to whether this proposal will add to or impair the design of that station. RESPONSE:The proposed expansion will occur entirely within the property boundary limits of the subject site. No intrusions into the railroad right-of-way are proposed. Likewise, when the commuter rail station is being designed and constructed, it too will be limited to the railroad right-of-way property. In this fashion, the two projects will not impact each other. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA 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) 18.795 Visual Clearance) C. Specific DR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 3 OF 21 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONING DISTRICT Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the CBD: Central Business District. It should be noted that the subject property is listed in Section 18.520.050(C) which allows the uses that are permitted in the I-P zone to be conducted on this site. This site is subject to an exemption in the zoning code which allows for existing non-conforming industrial structures to conduct I-P uses within the CBD zone. However, it does not permit expansions of those I-P uses beyond the existing structures. The subject request is to expand the structure for office use in the expanded area, a permitted use in the CBD zone, allowing more of the existing structure to be utilized for the I-P manufacturing use. The use table also restricts outdoor storage (both for CBD and I-P uses). To ensure that outdoor areas are not utilized for this function, a condition shall be imposed. FINDING: The uses proposed within the subject request are permissible provided the following condition is satisfied: CONDITION: The applicant/owner shall certify in writing that no increase of I-P uses will occur within the building addition (i.e. warehouse or manufacturing use upstairs) and that no outdoor storage will occur, including outside balcony areas. 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 CBD Proposed Minimum Lot Size None 78,408 sq. ft. - Detached unit - - Boarding, lodging, rooming house - Minimum Lot Width None 211 ft. Minimum Setbacks - Front yard 0 ft 0 ft. - Side facing street on corner & through lots 0/30 ft.* 25 ft.- - Side yard 0/30 ft.* 0 ft. -- Rear yard 0/30 ft.* 3 ft. - Distance between front of garage & property line. - - Maximum Height 80 ft. 41 ft. Maximum Site Coverage 85% 83.5% Minimum Landscape Requirement 15% 16.5% no setback shall be required except where a commercial use abuts a residential zone, in which case, a minimum 30 foot setback applies As demonstrated in the table above, the applicant's plans comply with the dimensional standards of the CBD zone. FINDING: Based on the analysis above, the Development Standards criteria have been satisfied. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 4 OF 21 B. APPLICABLE DEVELOPMENT CODE STANDARDS The Site development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.360, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. The proposal's consistency with these Code Chapters is reviewed in the following sections. Access, Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. No change to the existing access is proposed. Currently the site is accessed by a driveway connecting to SW Commercial Street. Joint access: Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Access is pre-existing and already is not shared with any other parcels. The placement of the buildings prevent sharing access. No further easements will be required for joint access. 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. There is an existing full service driveway onto SW Commercial Street. No changes to the site's use or access are proposed. 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 existing access onto SW Commercial Street is 285 feet from the SW Hall intersection and 225 feet from SW Ash. Therefore, the existing access meets 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. SW Commercial is a local commercial street. The existing access meets this criterion. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 5 OF 21 Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed building expansion is accessible from SW Commercial Street which is a public street that will be maintained as a public street. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. The driveway approach is pre-existing. Therefore, this standard does not apply. Walkways: On-site pedestrian walkways shall 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; Existing on-site pedestrian walkways connect the building to SW Commercial Street. 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; There are two separate walkway connections to the two buildings on site. Further, the two buildings are connected with a walkway along the southwestern edge of the property. This standard is met. 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 6 OF 21 The existing walkway is concrete with the exception of the parking areas which are hard surfaced asphalt. This standard is met. 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 0-99 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. Access to the site is pre-existing and satisfies this standard. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. The access drive is designed for two-way traffic. Therefore, this standard does not apply. 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, upon the finding that the proposed access would: • Cause or increase existing hazardous traffic conditions; or • Provide inadequate access for emergency vehicles; or • Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 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; 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 access to the subject property is pre-existing and is not presently considered hazardous or as constituting a clear and present danger to the public health. Therefore, no access restriction is required. 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). Street trees are pre-existing along SW Commercial Street. Therefore, this standard is met. 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 7 OF 21 The uses surrounding the subject site are predominantly commercial, with the exception of the residential uses to the northeast, across SW Commercial Street. As these uses are across the street, there is no requirement for buffering or additional landscaping. This standard is met. 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. With the configuration of the parking lot, 18 spaces abut SW Commercial Street. In addition to the landscaping provided along the buffer area between the street and the parking area, the parking lot sits about 3 feet lower in elevation from the street, which effectively screens the parking area from view. 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; Screening of Service Facilities is addressed under Chapter 18.755 (Mixed Solid Waste and Recyclable Storage). FINDING: Based on the analysis above, the landscaping and screening standards have been met. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant's plans show the existing 120 square foot enclosure for trash and recycle dumpsters. Since no changes are being proposed to this enclosure and the property has received trash hauler service, this standard is met. Location Standards: To encourage its use, the storage area for source-separated recyclable 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 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 NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 8 OF 21 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 facility on the proposed site is pre-existing and meets this standard. 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 refuse container facility on the proposed site is pre-existing and meets this standard. FINDING: Based on the analysis above, the Mixed Solid Waste/Recycling Storage Standards have been met. Off-Street Parking and Loading (18.765): Location of vehicle parking: Off-street arking 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 site received two previous approvals for major expansions of the facility. Based upon those previous approvals, the combination of manufacturing, warehouse, and office use required 45 spaces. A minor modification was approved in 2000 to convert some interior warehouse space into office which resulted in the need for an additional parking space. The parking standards were modified in 1998. A recalculation of the current requirements is shown below: Table 1. Existing Conditions Standard Square Footage Parking Required— Office 2.7/1,000 s.f. 3,610 9.75 Warehouse 0.5/1,000 s.f. 10,281+11,280=21,561 10.78 Manufacturing - 1.6/1,000 s.f. 9,901+3,600=13,501 21.60 TOTAL 38,672 42.13 or 43 spaces The applicant has proposed phasing in office space as parking becomes available. The existing office space in Building 1 will be converted back into warehouse space, so this gets added back into the total for that use. The applicant's proposal includes utilizing some off-site parking located within 500 feet of the subject site to satisfy this parking requirement, in accordance with TDC Section 18.765.030. With subject 46 spaces currently provided on-site and the additional 4 spaces being proposed, the applicant may utilize as much as 3,685 square feet without resorting to off-site parking, as shown below: NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 9 OF 21 Table 2. Expansion Using Solely On-Site Parking Standard Square Footage Parking Required Office 2.7/1,000 s.f. 3,685 9.95 Warehouse 0.5/1,000 s.f. (10,281+3616+11,729)+11,280=36,900 18.45 Manufacturing 1.6/1,000 s.f. 9,901+3,600=13,501 21.60 TOTAL 54,086 50.00 spaces To fully utilize the 15,414 square foot upstairs expansion for entirely office uses, the following requirements would apply: Table 3. Full Buildout(requires off-site parking) Standard Square Footage Parking Required Office 2.7/1,000 s.f. 15,414 41.62 Warehouse 0.5/1,000 s.f. 13,891+11,280=25,171 12.59 Manufacturing 1.6/1,000 s.f. 9,901+3600=13,501 21.60 TOTAL 54,086 75.81 or 76 spaces This would require that 26 spaces off-site be reserved for the subject site. The applicant has shown a phasing scheme where 24 spaces could be provided. A binding parking agreement will be required that demonstrates the applicant has unrestricted use of off-site parking spaces within 500 feet of the subject site before the applicant expands the upstairs office space beyond the 3,685 square foot threshold. The number of off-site parking spaces required will be based on the amount of office space being proposed at that time. Joint Parking: Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application. Therefore, this standard does not apply. 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 in D.1.-3. above. The parking associated with the subject site is pre-existing and has been calculated at 100 percent of the total square footage of all buildings on the site. Therefore, this standard does not apply. 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 multi-family use. Therefore, this standard does not apply. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 10 OF 21 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 subject site does not presently designate carpool or vanpool spaces. Based on the 5% requirement, at least 3 spaces will be required to be marked. 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 subject parking area has a total of 50 parking stalls, 3 of which are ADA compliant. According to ADA standards, parking lots with 25 to 50 parking stalls must provide 3 ADA accessible stalls with one of those being van accessible. This standard has been met. 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 hapter, 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 access drive has been addressed previously in this decision under Chapter 18.705 (Access Egress and Circulation). 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. Pedestrian access has been discussed previously in this decision under Chapter 18.705 (Access Egress and Circulation). 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 stalls to be clearly marked with striping. Therefore, this standard has been satisfied. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 11 OF 21 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. Wheel stops and/or curbing have been provided for all parking spaces. 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. The applicant's plans do not specify the dimensions of the parking spaces. Revised plans that include dimensions meeting the standards described above will be required with the building permit application. 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. Based on the proposed uses of the subject property, the Tigard Development Code requires 0.5 spaces per 1,000 gross square feet subject office use, and 0.1 spaces per 1,000 gross square feet for manufacturing and warehouse uses. Based on the figures shown in Table 2 above, the first phase would require 6 bike stalls, while a full buildout of office space as shown in Table 3, would require a total of 12 bike stalls. No indication has been made as to how many bicycle spaces are existing or are planned, therefore a condition shall be imposed to assure compliance with this standard. 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, the applicant will be required to provide a plan that shows the required bicycle rack designed according to Section 18.765.050.C. of the Tigard Development Code. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 12 OF 21 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. Bicycle parking has been discussed and conditioned above. Therefore, this standard will be met. 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. Minimum off-street parking has been addressed earlier in this section. Therefore, this standard has been met. 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. The proposed building expansion will increase the total building size to 49,206 square feet. A loading area exists on the north side of the building along SW Commercial Street, and a second shared loading area is provided in the rear of the parking area, between buildings #1 and #2 as shown on the site plan. Therefore, this standard is met. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met: CONDITIONS: Prior to issuance of a building permit for Phase I (2nd level office space of up to 3,685 square feet), the applicant shall submit a plan that: A. Designates a minimum of 3 parking stalls for preferential carpool/vanpool spaces. These spaces must be clearly delineated and located as close to the main building entrances as possible. B. Provides for a minimum of 6 bicycle stalls that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. C. Provides an additional 4 parking spaces and shows the dimensions of existing and proposed parking spaces D. Shows no more than 3,685 square feet of office space upstairs with the balance of the space being unutilized. Prior to issuance of a building permit for Phase II (buildout of 2nd level office space), the applicant shall submit: A. Plans that show where an additional 6 bicycle stalls (for a total of 12 on-site) will be located that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. B. A binding parking agreement for unrestricted use of off-site parking spaces, within 500 feet of the subject site in an amount to be determined based on the extent of office use being proposed. C. Plans that designate 5% of the total required parking for preferential carpool/vanpool parking. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 13 OF 21 Signs (18.780): Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-G Zoning District. Signs are reviewed through a separate permit process administered by the Community Development Planning/Engineering Technicians. Sign permits have already been issued for the proposed use and comply with the requirements of the code. FINDING: Because signs have been reviewed and approved as part of a separate permit process, this standard has been satisfied. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. No trees are proposed to be removed by the applicant. As no exterior construction is proposed, no tree protection plan is required either. FINDING: Based on the analysis above, the tree removal standards have been met. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. Visual clearance requirements do not apply in the CBD zone. Therefore, this standard is met. FINDING: Based on the analysis above, the vision clearance standards have been met. 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 (Residential 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 previously 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); and 18.360.090.14 (Provisions for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be located to preserve existing trees, topography and natural drainage NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 14 OF 21 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 expansion will occur directly above the first floor of Building 1. The portion of this building that abuts the western property line will not be subject to the upward expansion. Railroad tracks lie to the south and SW Commercial Street is located on the north side of the project site. The parking lot between Buildings 1 and 2 provides separation for light and air circulation. The proposed building expansion will not affect existing trees located on the site. Drainage is addressed later in this decision under Chapter 18.810 (Street and Utility Improvement Standards). No trees will be removed as part of this project. Therefore, this standard has been satisfied. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • 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 building plans call for outdoor covered deck areas which will enable the occupants to survey the site for illegal activity. A lighting plan has not been submitted and will be required. FINDING: The crime prevention standards are not fully met. CONDITION: The applicant shall demonstrate that existing lighting is sufficient to illuminate a person along the pedestrian route connection to the street, or shall install additional lighting to satisfy this standard. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to 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 site has frontage on SW Commercial Street, which is a Tri-Met transit route. However, transit facilities are pre-existing. Therefore, this standard has already been satisfied. Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. Dimensional Requirements: Provisions of the (CBD) Central Business District Zoning District have been addressed earlier in this decision under Chapter 18.520. FINDING: Based on the analysis above, the specific standards of the Site Development Review Section have been met. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 15 OF 21 D. 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 arterial street to have a variable right-of-way width and three to seven lanes. 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 Commercial Street, which is classified as a local commercial street on the City of Tigard Transportation Plan Map. There is adequate ROW adjacent to this site at present, and the roadway is fully improved. No additional dedications or improvements will be required. 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. There is a concrete sidewalk along the site frontage that meets this criterion. 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. Sewer is provided by a main line in SW Commercial Street. No additional public sewer line improvements are needed to support this development. 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 Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream public drainage ways that affect this site. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 16 OF 21 • 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). Since there will not be an increase in impervious areas on the site, this section will not apply. 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. There are no planned bike facilities along SW Commercial Street. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: This site is presently served by the Tualatin Valley Water District (TVWD). No additional public water line work is needed to support this development. 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. Since there are no additional impervious areas being created, this section will not apply. 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 $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. No additional suites are being created, and the building is pre-existing. No additional addressing fee will apply. E. IMPACT STUDY (18.390) Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 17 OF 21 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. The applicant will be required to pay TIF's of approximately $46,406 based on the office and warehouse use proposed at full buildout. 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 $145,018 ($46,408 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the collector and arterial street system. The unmitigated impact of this project on the transportation system is $98,610. Additional exactions if warranted could have been required and would have met the rough proportionality test, however, no exactions or off site improvements are required, as they have already been completed with prior development approvals. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and inquired where water and fire suppression connections would occur. The applicant has stated that existing service lines to the building would be utilized; however, this will be assessed at the building permit phase. The City of Tigard Permit Coordinator notes that based on the applicant's impact study, there will be no additional employees. Therefore, no Parks SDC will apply. If employees are added, SDC's will be assessed at time of building permit application. The City of Tigard Public Works Property Manager has reviewed the proposal and has no objections to it. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal and has no objections to it. Tri-Met has reviewed the proposal and has no objections to it, and noted that the applicant should be made aware of the Commuter Rail project that will be immediately adjacent to the subject site. Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: 1. PAINTED CURBS: 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) 2. COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: 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) The required fire flow for the building is 2285 gpm @ 20 psi. A current flow test will need to be performed in order to determine if the required fire flow is present at the closest hydrants. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 18 OF 21 3. COMMERCIAL BUILDINGS - FIRE HYDRANTS: 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) 4. COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: 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. • 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) 5. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 6. REFLECTIVE HYDRANT MARKERS: 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 adjacent on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 19 OF 21 7. FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: 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) 8. FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections shall not be located on the building that is being protected with the exception of Group R, Division 1 Occupancies not over 4 stories in height. (UFC Sec. 903.4.2.5) 9. ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved ire 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) 10. KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (UFC Sec. 902.4) SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 3, 2003 AND BECOMES EFFECTIVE ON APRIL 18, 2003 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 20 OF 21 THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON APRIL 17, 2003. 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. P PARE Y: Morgan racy April 3, 2003 DATE Associate Planner . ,heir.-� April 3, 2003 APPROVED-BY: Richard H ewersdorff DATE Planning Manager is\curpin\morgan\workspace\sdr\sdr2002-00013(magno humphries)1sdr2002-00013 decision.doc NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 21 OF 21 Q CITY of TIGARD " �ST•4,15i.... •' �,, .>.I- GEOGRAPHIC INFORMATION SYSTEM � . ,4 , m- :. N PL VICINITY MAP r 5 SDR2002-00013+ „iiirlirftirir ts,,,, ,.� 40I■ .°GTy�� ►�` MAGNO-HUMPHRIES sT �� ti I I Pr44 117 4 W. EXPANSION 4 : < ,4 ,■e ..0* 41. -. .##O° 1*4 A li,„ 7 "s''',$),,,' \ 0), 4‘ *. 40. F ��, ,.. 4 / _. n.It. � SA� ND RO. St Tigard Ares Map N 0 200 400 600 Feet I. t"=413 feet tfr Q _1J,,,,;Iit ,, = City of Tigard � , Infomlalon on this map Is for general location only and ���, should W verified w5h the Development Services Division. /� 13125 SW Hall Blvd . Tigard,OR 97223 •Q (503)639-4171 h Itp:/Mww.ci.f iga b.o r.u s Community Development Plot date:Mar 6,2003;C:lmagic\MAGIC03.APR .. \\ \'\ Z �� o ••. '\ /" \•••. ,\ %� ••. \ u).40W "i0 -', \ •\,,,.. ., ip > 0 0°,A0. 4000 v `�. 1.. ri4 Z % �∎ � �� \ Q % %% ' %►••. .\ C%% \ ,^ \% \. %% 4,..ry 4 .•• \ %.N.. \ik A\ • \ \ am. •• v \ V U Q .,,, /\ k I % % \ / Q`� \ \ / I A. CITY OF TIGARD SDR2002-000 1 3 SITE PI_*N MAGNO-HUMPHRIES EXPANSION (Map is not to scale) N NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2002-00013 CITY OFTIGARD Community Deve(opment MAGNO HUMPHRIES EXPANSION Shaping A Better Community 120 DAYS = 7/1/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MAGNO HUMPHRIES EXPANSION CASE NO.: Site Development Review (SDR) SDR2002-00013 PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. OWNER: Thelma Magno APPLICANT: Magno-Humphries 8800 SW Commercial St. 8800 SW Commercial St. Tigard, OR 97223 Tigard, OR 97223 LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, CRITERIA: 18.725, 18.745, 18.755, 18.765, 18.780, 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 APRIL 3, 2003 AND BECOMES EFFECTIVE ON APRIL 18, 2003 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 APRIL 17, 2003. 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. �. . YUMMY MAP 14 si I ... . �. I SDR2002-00013 'F ,*.st_,� ♦ ►! MAGNO HUMPHRIES �,. ■ �. .,., EXPANSION t , #ice .'s • 4. • . .„ .. iw- ■ 4,.,c.„. • 1r,.,, ,,,,,,.;..,, ,,. ,„ ,fittiar.( "64 A : _: :la); .:, c, , ,....... ,,,. i • 1m mil it 140 «.,« s 1 4 4 ..44.,_„......._ 46" lk ,..,,,.., ..„.4,k....„ Z ‘\..., 0 000 c7) 5 40 \ '\'''co4.4, 0 1- �f} Z /�;tr; Q a �. G #sA.e cx a o \' \ t `s m 0 3 �e I, 1 CITY OF TIGARD t SDR2002.00013 SITE rruN MAGNO-HUMPHRIES EXPANSION (Map is not to scale) N 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 Development Shaping a Better Community DATE OF NOTICE: March 7, 2003 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2002-00013 Type II Land Use Application FILE NAME: MAGNO-HUMPHRIES EXPANSION PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi- family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. 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 21, 2003. 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. 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 14, 2003. 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 addre, he relevant approval criteria with ficient 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 $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." �.. 74 •', ;,, `�;= CITY c'TIGARO •*4.* �� . ■ . VICINITY MAP V 1 .S%_t‘ 1W, Ill SDR2002-00013 tAe' > ell. 41 sT,�� °• � • r. MAGNO-HUMPHRIES• EXPANSION. (4$j . 1.., 16<& 10';:s. .....,„ . , :_ ,wrifilit ■ 'V.Mw. ..ttf . , , A I,4111•51 iti City of Tigard REQUEST FOR COMMENTS weston bod y works your best collision repair value RECEIVED March 18, 2003 2003 LI I Y yr i suAND Morgan Tracy PLANNING/ENGINEERING City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Dear Morgan Tracy: I am responding to your Notice of Pending Land Use Application Site Development Review dated March 7, 2003, File Name: Magno- Humphries Expansion. My only comment is that I would hope the City of Tigard would review all requests for new construction in terms of how that request would impact the planned Max station. The property in question is at least adjacent to, if not in the middle of, the new station parameters. Please consider: Does this new construction add to or impair the design and construction of the Max station? Thank you for your consideration of my comment. Sincerely yours, Ian Weston DW 9047 Burnham Street •Tigard, OR 97223 • 503-968-6903 • 503-968-2933 Fax DeAngelo's Catering, Inc. Telephone(503)-620-9020 9037 SW Burnham Street Tigard,Oregon 97223 RECEIVED Morgan Tracy, Associate Planner City of Tigard Planning Division MAii % .) 2003 13125 SW Hall Blvd. �%� r ur ,�ugND Tigard, Oregon 97223 PLANNING/ENGINEERING Morgan, Thanks for taking time to speak with me this morning about the Magno Humphries expansion plan. I personally see no reason as to why the request should not be granted. As I mentioned my only real concern is how the Ash Street connectivity issue in regards to the Commuter Rail Project affects the surrounding property owners. Coincidentally, Ash street goes straight through the Magno building from the Commercial street side of the RR tracks. Ash Street lines up with DeAngelo's Catering building as well as others on the Burnham side of the RR tracks. When I attended the Commuter Rail task force meeting a few weeks ago, I was told by city officials that the Ash Street connection may be as far away as five years. City Council should be aware that there are potential affected property owners who have concerns beyond myself. Coming from an event background, I know the importance in addressing traffic impact and planning during early phases of the project. My thought would be that the ingress/ egress issue from the new proposed parking area should be addressed sooner rather than later as so it becomes part of the initial plan as it reaches the city level. Thank you for allowing me to voice my concerns on the above issues. Respectively submitted, Steve DeAngelo, President DeAngelo's Catering and Events cc: Mike Marr 503620-3310 MAR-21 03 08:02 FROM:PROJPLANNING 5039622281 TO:5036847297 PAGE:01/02 TRI @MET Fax To: Morgan Tracey From: David Zagel FAX: 503 684-7297 Phone: 503 962-2139 Pages: 1 plus this cover Date: 3.21.03 Subject : Magno-Humphries Expansion ❑ Urgent Z For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments: TriMet appreciates the opportunity to comment on the Magno-Humphries proposal to expand its office and manufacturing space near the Tigard Transit Center. We have reviewed their expansion proposal and we have no objections to it. We would only note that Magno-l-Iumphries should be made aware that TriMet is working with the City to bring commuter rail service to the nearby transit center; this service would use the two railroad tracks that are immediately adjacent to their property. Again, thank you for the opportunity to comment on this development proposal. C: Joe Walsh Jillian Detweiler Mike Dennis Notice of Confidentiality This material contains confidential information that is being transmitted or delivered to, and is intended only for the use of, the recipient(s) named above. Reading, disclosure, discussion, dissemination, distribution, or copying of this information by anyone other than the named recipient(s)or its, his or her employees or agents is strictly prohibited. If you received this telecopy in error, please immediately destroy it and notify us by telephone. Tri-County Metropolitan Transportation District of Oregon.4012 SE 17th Avenue.Portland,Oregon 97202•503-238-RIDE•TTY 503.238.5811 •trlinetorg MAR-21 03 08:02 FROM:PROJPLANNING 5039622281 T0:5036847297 PAGE:02'02 REQUEST FOR COMMENTS CITY OfTKiARD Community DDeveropment Shaping A'Better Community DATE March 1,2003 TO: Ben Baldwin Tri-Met Transit Develo ent Pro act Planner FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner[x24281 Phone: (503)530.4171/Fax: (5031684-7297 SITE DEVELOPMENT REVIEW[SDRI 2002-00013 MAGNO-HUMPNRIES EXPANSION Q REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 l 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';;E D OUR-til ' ` IE S`'=kNOK'irBV:�.ufA;C ,2:172 0131 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. IOtEA8E CH'EC'K'Y IE' ?OC{C'OV1`IN0 '1`E S4#AA ►100L lip N"Pi i',"' i' We have reviewed the proposal and have no objections to it. Please contact of our office. X Please refer to the enclosed letter. — Written comments provided below: r-° Name & Number of Person Commenting: `D ■ 2 - 2 I%`1 �,, • . REQUEST FOR COMMENFT CITY OF TI(3ARD Community Development Shaping Better Community DATE: March 1,2003 TO: Sherman Casper,Permit Coordinator/Community Development Department FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x2428) Phone: (503)639-4111/Fax: (503)684-1291 SITE DEVELOPMENT REVIEW MDR)2002-00013 ➢ MAGNO-HUMPHRIES EXPANSION < REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 21, 2003. 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. t/ Written comments provided below: <^ e i nn.n e C T S w CY S Li biw i 1 y r � i f C -I ! IACZi//tilt t! �1�y e c s , y /91C) .0 0— (d ie UC n P a Lk/iv e,-./, Name & Number of Person Commenting: �.. ._�',-PJ��-,- ` ;- CITY of TIGARD T IF*. • 4', ♦ J� GEOGRAPHIC INFORMATION SYSTEM . V ICINITY MAP 4e# �c SDR2002-00013 • ':MNEIIIIIrfjrlpy AN A, 7.,� y MAGNO-HUMPHR IES O sT �1 ti ►4 EXPANSION 4■Oil■ .4, 1 ■00 4 4 4 * 4$ P? MLR �eEr+o ao.■ Tigard Nu Map N 0 200 400 000 Feet 1"•413 feet m f J A.A. III. ,, City of Tigard Information on this map is for general location only and �, should be verified wdh the Development Services Division. j '4, 4 � 1 Hall Blvd Tigard,OR 97223 (503)639"4171 •Q'V http:r/www.oi.tigard.or.us Community Development Plot date:Mar 6,2003;C:MagicWIAGIC03.APR i ` ^=.4. \ 'Y. T"�••• \ , N 0_ i N••.• \ // ' ''• „ /0/9 \ ••••. N.j. 0 #0 0• N. ., o 4040 .� � o �',yF� Z f '\ r,4a . fT Z J lks %,,,A. . . .. \ ....„ ,,, • \ r3 �a .''.r \ \,\•'•• \,\ Q a •, ,_ a •.., .:..,.. \ LL • • \aa ,,\ dam' ° " O \ Qy Z %.,):, -., 1 i'. as% `\ a�a \; % \a ' / a a .\ % a%\ '•\,• a Vi a\ as CITY OF TIGARD t SDR2002-000 1 3 so-re PLAN MAGNO-HUMPHRIES EXPANSION (Map is not to scale) DATE: March 18 20ui PLANS CHECK NO. SDR2002-00013 PROJECT TITLE MAGNO-HUMPHRIES ADDITION COUNTYWIDE TRAFFIC IMPACT FEE WORKSHEET APPLICANT: (FOR NON-SINGLE FAMILY USES) MAILING ADDRESS: CITY/ZIP/PHONE: TAX MAP NO.: SITES NO.ADDRESS: LAND USE CATEGORY RATE PER TRIP RESIDENTIAL $239.00 BUSINESS AND COMMERCIAL $ 60.00 X O• FFICE $220.00 Estimate X INDUSTRIAL $230.00 INSTITUTIONAL $ 99.00 PAYMENT METHOD: CASH/CHECK C• REDIT BANCROFT(PROMISSORY NOTE) USE LAND CATEGORY DESCRIPTION OF USE WEEKDAY AVG. INSTITUTIONAL ONLY TRIP RATE WEEKEND AVG.TRIP RATE D• EFER TO OCCUPANCY BASIS: The applicant proposes construction CALCULATIONS: TIF = Week day Avg. Trips X T.G.S.F. X Rate Per Trip $ 42,354 = 16.31 X 11.804 X $220 (OFF) $ 4,052 = 4.88 X 3.610 X $230 (W/H) $46,406 PROJECT TRIP GENERATION: 211 FEE: $ 46,406 FOR ACCOUNTING PURPOSES ONLY ADDITIONAL NOTES: This calculation is based on stated net results of a 2 phase project. (see attached) ROAD AMT. TRANSIT AMT. $ PREPARED BY: S.S. Casper I:TIFWKST.DOC (DST) EFF: 07-01-98 - - - I § - + '75 3C, 85 4.11. 72 .:5::) y/ y 4- h., e0 ,--t 21, 56 / ; I v,q r s4, 900 II) 729> 2 6, 17 1 - — � 3 s v� �'`c _ 13,5 Ut ! / 3_5-0) A' 7ocietC 3 g 72 /sl Li/Li syJ 08G 0 s"--y a??C' 1SI_ __ - — i Page 1 of 1 I got your comments on the Parks SDC's, but did you have a chance to calculate TIF's? Probably not, becasue it is impossible to determine how much of each kind of use they are proposing. here are the numbers I used to establish their parking requirements: Phase I:Expansion Using Solely On-Site Parking Standard Square Footage Parking Required Office 3,685 (net increase of 75 square feet) Warehouse 36,900 (net increase of 15,339 s.f.) Manufacturing no change TOTAL 54,086 Phase II. Full Buildout(requires off-site parking) Standard Square Footage Parking Required Office 15,414 (net increase of 11,729 from phase I) Warehouse 25,171 (net DEcrease of 11,729 from phase I) Manufacturing no change TOTAL 54,086 Hope that helps. Now help me back, dang it! file://C:\WINDOWS\TEMP\GW 100001.HTM 03/17/200'3 Morgan Tracy - Magno-Humphries Expanion.doc Page 1 TUALATIN VALLEY FIRE &RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION March 24,2003 Morgan Tracy,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 Re: Magno-Humphries Expansion Dear Morgan, I have reviewed the submittal for the above named project and have the following comments: 1) PAINTED CURBS: 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) 2) COMMERCIAL BUILDINGS-REOUIRED FIRE FLOW: 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) The required fire flow for the building is 2285 gpm @ 20 psi. A current flow test will need to be performed in order to determine if the required fire flow is present at the closest hydrants. 3) COMMERCIAL BUILDINGS-FIRE HYDRANTS: 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) 4) COMMERCIAL BUILDINGS-MINIMUM NUMBER OF FIRE HYDRANTS: 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. • 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 7401 SW Washo Court,Suite 101•Tualatin,Oregon 97062•Tel.(503)612-7000•Fax(503)612-7003•www.tvfr.com • Morgan Tracy - Magno-Humphries Expanion.doc Page 2 l 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) 5) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD. Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec.903.4.2.4) 6) REFLECTIVE HYDRANT MARKERS: 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) 7) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: 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) 8) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections shall not be located on the building that is being protected with the exception of Group R,Division 1 Occupancies not over 4 stories in height. (UFC Sec.903.4.2.5) 9) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: 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) V- 10) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement.(UFC Sec.902.4) Please contact me at(503)612-7010 with any additional questions. Sincerely, Eric T. McMullen Eric T.McMullen Deputy Fire Marshal X11.4_ REQUEST FOR COMMENTS C,- rLRD Community De•te[opment S hoping A cBelter Community DA1 ;: March 7,211103 tE TO: Lee Walked!;CleanWater Services/SWIM Program ' 7 4 X003 FRO I, City of Tig i1r0 Planning Division eye_ STA F CONTACT: Morgan TlrRcy,Associate Planner[x24281 Phone: 15031639-4171/Fax: [5031684-1291 SITE DEVELOPMENT REVIEW(SARI 2002-00013 ➢ MAGNO-HUMPHRIES EXPANSION •., R QUEST: The applicant is requesting Site Development Review approval to construct a 19,720 sc dare foot addition cons:sting of office and manufacturing space above the existing building. L+ ■CATION: 8800 SW Commercial Street; WCTM 25102AD, Tax Lot 1203. ZONE: CBD: Central Bi iness District. The CBD zoning district is designed to provide a concentrated central business di trict, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- fa lily attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning i di: t1ct, and multi-family hoL.sing at a minimum density of 32 units/acre, equivalent to the R-40 zoning di: trict, are permitted outright. APPLICABLE REVIEW CRITERIA: Community Development Code CI apters 18.360, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 1 E 8 1 0. Attz ;lied are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by vari pus departments and agencies and from other information available to our staff, a report and recommendation will n prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this app cation, WE WENEEDIYOURTOMMENVIVEVACKSIMIRARCHIK1On You may use the space provided below or € tech a separate letter to return your comments. If you are unable to respond by the above date, please phone the ;tall contact noted above with your comments and confirm your comments in writing as soon as possible. If you hay any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. 'sEr:"tkl ',Ok.i',;(00,;01L40.41NI N'Ci I,ITEM5'�,,1 i r�AF'.PL' i,i�i; We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the encic:>ed etter. Written comments provided below: N; me & Number of Person Commenting:/ //1r d4V 3 ..24 -o3 T00E S3DIA2i3S aaLVM N 3TD 9Z5C9t8CO XV3 LS:LO CO/ Z/CO A!�!, REQUEST FOR COMMEN ,I'' CITY OF TIGARD Community(Development Shaping A(Better Community DATE: March 1,2003 ()Lk, 4 1 TO: Brian Roger,Development Review Engineer I �4 e-,' om FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x24281 Phone: (503)639-4111/Fax: [5031684-1291 SITE DEVELOPMENT REVIEW(SDRI 2002-00013 MAGNO-HUMPHRIES EXPANSION REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 21, 2003. 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: nnSt'`t A �Y� vA� c�>J�I..iu� -Co F-J- ,41 c {U- • Y �� ice- IcJ�l�t�.S� I�) I L-01 sut‹. ° I�PI S Zd�M D 24,-4 IMP S �j I c. t.Yc) MPf -t/'°. i42 . • 4 S t" 1 X N 5 W IL(- O�• -� / IN -Cr4z 1 -,5,41 ti No FCC I N—L� Ic�.���G=� �1►� Ir.Y i ce:. 't-c41. Srre s (NJ 7Nk: C&D. Name & Number of Person Commenting: orm•- 2*-1 l 40 • y �_ _�srs -v`_ ` CITY of TIGARO �• , /.1� GEOGRAPHIC INFORMATION SYSTEM 1�1 Cb m► ,;• N PL VICINITY MAP--4 4,4ite 1 . 0111' ''' sc.rs, SDR2002-00013 so . A q, G/.,s, S*$ � ` MAGN0-HUMPHRIES 4 EXPANSION 1111P •#0,.•\,,• • 9 s s.. e, 44 , fi.. . . A. .. "Yti4* tiy9� �2 T T ► AD4SFNJ. FE \lei\ 6Ul L'fry+44 1114 ,'' . � �� 'i QT NONfTR,D. 90 0 Tigard Area Map • N 0 200 400 600 Feet \∎ 1'x 413 feel CO Q 1µ` III:. = City of Tigard #4111111' Information on this map Is for general location only and , should be verified with the Development Services Division. `T` 13125 SW Hall Blvd . Tigard,OR 9 (503 (503)639-4171 171 e Q' http://mwv.ci.lipard.or.us Community Development Plot date:Mar 6,2003;C:lmagicWIAGIC03.APR \••• \ , $ .,/..,� ••�•• \s... N., .., . 4 __. • J., 4000 as�i s.. co+ 0 0 ,s \ Nbk.\% I \ 3 `� Q % %a \%• \ 0�/ \��\ - , ry ��s ��'••� \\\ I.L. Yea \ ♦ \Oi• \\ \ 0 \4041 %. \ §".. >- • %N \ dam. • v 0 \ Q \Q%� \ ' rill% % '\, i CITY OF TIGARD SDR2002-000 1 3 SITE PI *t4 MAGNO-HUMPHRIES EXPANSION (Map is not to scale) REQUEST FOR COMMEN CITY OFTIGARD Community Deve(opment Shaping A Better Community DATE: March 1,2003 TO: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner[x24281 Phone: 1503)639-4111/Fax: 1503)684-1291 SITE DEVELOPMENT REVIEW MDR)2002-00013 MAGNO-HUMPHRIES EXPANSION REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 21, 2003. 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: fl e t ` P o►t (oU.-f uti Fire k utcp-k 44414z6-ii k. 1112, LE WO I etao 4-r.4 ConitivoT 4 t - 30K. ' 'r6 dCtor Icwit9y. Name & Number of Person Commenting: -c 0%01 ,•. ITIA♦_�;,-PJ -',- ` >• CITY of TIGARD T . rill": GEOGRARN■c iNf ORMAiiON Sv3iE++`' � _N Pt VICINITY MAP VICIN A r +00„ #1!, s SDR2002-00013 4cC2>‘'.soGTA„ o• _Flow MAGNO-HUMPHRIES sT EXPANSION N 1\ A. ,: , 4%4 . ,#r ‘.i,t , oigi * z VC' ##t 6'14 sT 4 \ s ,l8 FR.Nri 'Rmalkil 1Z. ii43Z7-- •,W 4114111.4 st. li 414 k, �t'Rrnrtq a'AA.o i.#* 1\1\O ect OVRNAM • I Tigard Mu Map • • N 0 200 400 600 Feet 1"x413 Nei k m ` • A.I. l• *4i x City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. `.\' '*` � 13125 SW Hall Blvd Tigard,OR 97223 (ard,639-4171 ♦Q' htlp://ww.v.ci.ligard.or.us Community Development Plot date:Mar 6,2003;C:lmagic\MAGIC03.APR `\'\ • z •• ;•••• \ O A. �•• N •• ///$l •••••, vv J.� o oss NO \ ••i • `�•\ \ t. `•4 \ \ J • %\ �\ • • '\ CI A\ ...,\ tea \ \ \•••• \'\ Q \ \S /1�,.,_ .4 .•gip•• ,_ • • 0 ., >. ,pip \\ �� ••p•• \\ w 'Qs\ \ j' 1 %% N / 1 CITY OF TIGARD SDR2002-00013 SITE Pv►N MAGNO-HUMPHRIES EXPANSION (Map is not to scale) N • 44, REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping A Better Community DATE: arch 7,2003 RECEIVED PLANNING Puc, /L;(-P,k1 TO: it John Roy,P JNanager/Public Works Annex MAR 1 0 2003 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Morgan Tracy,Associate Planner[x24281 Phone: [5031639-4171/Fax: [503]684-1291 SITE DEVELOPMENT REVIEW[SDRI 2002-00013 MAGNO-HUMPHRIES EXPANSION REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 21, 2003. 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: V-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: REQUEST FOR COMMENTS CITY OFTIGARD Community'Development Shaping Better Community DATE: March 7,2003 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x2428) Phone: (503)639-4171/Fax: 1503)684-1291 SITE DEVELOPMENT REVIEW[SDRI 2002-00013 MAGNO-HUMPHRIES EXPANSION REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. 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 21, 2003. 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: - - CITY TIGARD REQUEST FOR COt :NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: 5pfLub2-brX13 FILE NAME: r'1M4 no pie-5 e-k ✓►5(ei1 CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central QEast ❑South ❑West El Proposal Descrip. in Library CIT Book CITY OFFICES _LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _SOMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. LICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building Official ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer ZWATER DEPT./Dennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder iefUBLIC WORKS/John Roy,Property Manager /`',UBBLIC WORKS/Matt Stine,Urban Forester v PLANNER–POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! D./Sherman Casper,Permit Coord(soRicuP re TIF) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.* v 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 )k _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ 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(Powemnes in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Brent Curtis(cPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Anne LaMountain(IGwuRB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marah Danielson,Development Review Coordinator _Phil Healy(IGA URB) David Knowles,Planning Bureau Dir Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer IcPnacAlns,e 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 _Doria Mateja(ZcA)Ms 14 _ODOT,REGION 1 -DISTRICT 2A • _WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) Jane Estes,Permit Specialist Dave Austin 5440 SW Westgate Drive,Suite 350 PO Box 6375 Portland,OR 97221-2414 Beaverton,OR 97007-0375 UTILITY PROVIDERS AND SPECIAL AGENCIES _V PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE RIR,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue fbany,OR 97321 _✓SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE 'RI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann Ill Protect is Within'G 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 Jeri Cella,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_ rn BEAVERTON SCHOOL DIST.#48 - AT&T CABLE,u .Eal Harnof 99w, Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 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). hapatty\masters\Request For Comments Notification List 2.doc (Revised: 1/3/03) MAILING RECORDS • CITY OF TIGAR[� ,:t., -4 °``� ` 13125 SW Hall Blvd. L-, 7c- M _° ' c Tigard, Oregon 97223 % R?R �� ---- �� � Q \ \,, c Nefi� D� , �O o o`� '�° , SDI�t - r o 3 � v 1 � \O f� 2S102AD-00201 Q� Q`� O % SNYDER GAIL V ` Q !�\ 'XT Q 14460 SW 141ST O - TIGARD,OR 97224 G> 5NYD460 972243003 1102 16 04/06/03 \' FORWARD TIME E,P RTN TO SEND SN'/DER 10250 SW HIGHLAND DR ORTLAND OR 97224-4669 RETURN TO SENDER ._ • .fir/ i'i ;itifittfa „f=i��t1�1 ►!l�• q4 i„f;fliff,#,rlin,liil.ifili,i.tlihidlii • Aho AFFIDAVIT OF MAILING F TI CITY OF GARD Community(Devethpment Shaping 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 Appropriate Box(s)Below} © NOTICE OF DECISION FOR: SDR2002-00013/MAGNO HUMPHRIES EXPANSION 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 April 3,2003, and deposited in the United States Mail on April 3,2003, postage prepaid. � ' 1 Z PLC J - - 67eZ_.,/ (Person that Pr-..red Notice) STATE OE OREgoN ) County of�fWashington )ss. City of ward ) i Subscribed and sworn/affirmed before me on the o?5 day of / rL `/ , 2003. f��•, OFFICIAL SEAL �' +►,�t,'• DIANE M JELDERKS NOTARY PUBLIC—OREGON 64CE / "' COMMISSION NO.3265780 2003 MY COMMISSION EXPIRES SF_P /a. NOT " • l i � '1' ; ' My Commission Ex i I s: EXHIBIT A , NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2002-00013 '?'�� CITY OF TIOARD MAGNO HUMPHRIES EXPANSION CommABett r oment ShapingA Better 120 DAYS = 7/1/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MAGNO HUMPHRIES EXPANSION CASE NO.: Site Development Review (SDR) SDR2002-00013 PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. OWNER: Thelma Magno APPLICANT: Magno-Humphries 8800 SW Commercial St. 8800 SW Commercial St. Tigard, OR 97223 Tigard, OR 97223 LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single- family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, CRITERIA: 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 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 SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 1 OF 21 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT: Submit evidence of complying with the following conditions to the Planning Division. Staff contact: Morgan Tracy at 503-639-4171, ext. 2428. 1. The applicant shall demonstrate that existing lighting is sufficient to illuminate a person along the pedestrian route connection to the street, or shall install additional lighting to satisfy this standard as part of their building improvements. 2. The applicant/owner shall certify in writing that no increase of I-P uses will occur within the building addition (i.e. warehouse or manufacturing use upstairs) and that no outdoor storage will occur, including outside balcony areas. 3. Prior to issuance of a building permit for Phase I (2nd level office space of up to 3,685 square feet), the applicant shall submit a plan that: A. Designates a minimum of 3 parking stalls for preferential carpool/vanpool spaces. These spaces must be clearly delineated and located as close to the main building entrances as possible. B. Provides for a minimum of 6 bicycle stalls that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. C. Provides an additional 4 parking spaces and shows the dimensions of existing and proposed parking spaces D. Shows no more than 3,685 square feet of office space upstairs with the balance of the space being unutilized. 4. Prior to issuance of a building permit for Phase II (buildout of 2nd level office space), the applicant shall submit: A. Plans that show where an additional 6 bicycle stalls (for a total of 12 on-site) will be located that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. B. A binding parking agreement for unrestricted use of off-site parking spaces, within 500 feet of the subject site in an amount to be determined based on the extent of additional office use being proposed. C. Plans that designate 5% of the total required parking for preferential carpool/vanpool parking. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The subject property has received several land use approvals through the years. A conditional use permit was granted in 1994 (CUP94-00008) to allow a 3,952 square foot addition to an existing 20,110 square foot building, Building #1. A second conditional use permit was approved in 1995 (CUP 95-00002) to allow the construction of a 14,335 square foot building in addition to the existing building, Building #2. A minor modification was approved early in 2000 to allow the construction of 448 square feet of mezzanine office and 461 of ground floor office space within the existing warehouse space. The operation works in conjunction with a separate property under the same ownership, located off Hall Boulevard, referred to as Building #3. That property serves as the warehousing area for the products manufactured at the subject property. Vicinity Information: The subject site is located on the southwest corner of SW Hall Boulevard and SW Commercial Streets. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 2 OF 21 Site Information and Proposal Description: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing Building #1. This site is subject to an exemption in the zoning code which allows for existing non-conforming industrial structures to conduct I-P uses within the CBD zone. However, it does not permit expansions of those I-P uses beyond the existing structures. The subject request is to expand the structure for office use in the expanded area, a permitted use in the CBD zone, allowing more of the existing structure to be utilized for the I-P manufacturing use. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET Staff received two letters form nearby businesses. Steve DeAngelo, a nearby business owner supported the requested expansion, but wanted to note that with the conceptual extension of Ash Street, the subject property lay directly in the path of the future road. He felt it was important that the City preserve to the extent practical, the ability to extend Ash. RESPONSE: Staff is aware of the Ash Street Extension concept, but at this point it is not a foregone conclusion that Ash Street will be extended in the near future, and more importantly, the alignment has not been determined, and construction has not been authorized by Council. Therefore, there is no regulatory tool to prevent or alter the proposed construction plan. Should right-of-way acquisition be required, the City will need to condemn a portion of property, and compensate the owner for the lost value of the improvements. Ian Weston, of Weston Body Works wanted to note that the proposed expansion was occurring directly adjacent to the planned [commuter rail] station, and that consideration should be given to whether this proposal will add to or impair the design of that station. RESPONSE:The proposed expansion will occur entirely within the property boundary limits of the subject site. No intrusions into the railroad right-of-way are proposed. Likewise, when the commuter rail station is being designed and constructed, it too will be limited to the railroad right-of-way property. In this fashion, the two projects will not impact each other. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA 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) 18.795 Visual Clearance) C. Specific DR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 3 OF 21 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONING DISTRICT Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the CBD: Central Business District. It should be noted that the subject property is listed in Section 18.520.050(C) which allows the uses that are permitted in the I-P zone to be conducted on this site. This site is subject to an exemption in the zoning code which allows for existing non-conforming industrial structures to conduct I-P uses within the CBD zone. However, it does not permit expansions of those I-P uses beyond the existing structures. The subject request is to expand the structure for office use in the expanded area, a permitted use in the CBD zone, allowing more of the existing structure to be utilized for the I-P manufacturing use. The use table also restricts outdoor storage (both for CBD and I-P uses). To ensure that outdoor areas are not utilized for this function, a condition shall be imposed. FINDING: The uses proposed within the subject request are permissible provided the following condition is satisfied: CONDITION: The applicant/owner shall certify in writing that no increase of I-P uses will occur within the building addition (i.e. warehouse or manufacturing use upstairs) and that no outdoor storage will occur, including outside balcony areas. 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 CBD Proposed Minimum Lot Size None 78,408 sq. ft. - Detached unit - - Boarding, lodging, rooming house - Minimum Lot Width None 211 ft. Minimum Setbacks - Front yard Oft Oft. - Side facing street on corner & through lots 0/30 ft.* 25 ft.- - Side yard 0/30 ft.* 0 ft. -- Rear yard 0/30 ft.* 3 ft. - Distance between front of garage & property line. - - Maximum Height 80 ft. 41 ft. Maximum Site Coverage 85% 83.5% Minimum Landscape Requirement 15% 16.5% * no setback shall be required except where a commercial use abuts a residential zone, in which case, a minimum 30 foot setback applies As demonstrated in the table above, the applicant's plans comply with the dimensional standards of the CBD zone. FINDING: Based on the analysis above, the Development Standards criteria have been satisfied. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 4 OF 21 B. APPLICABLE DEVELOPMENT CODE STANDARDS The Site development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.360, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. The proposal's consistency with these Code Chapters is reviewed in the following sections. Access, Egress and Circulation (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. No change to the existing access is proposed. Currently the site is accessed by a driveway connecting to SW Commercial Street. Joint access: Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Access is pre-existing and already is not shared with any other parcels. The placement of the buildings prevent sharing access. No further easements will be required for joint access. 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. There is an existing full service driveway onto SW Commercial Street. No changes to the site's use or access are proposed. 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 existing access onto SW Commercial Street is 285 feet from the SW Hall intersection and 225 feet from SW Ash. Therefore, the existing access meets 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. SW Commercial is a local commercial street. The existing access meets this criterion. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 5 OF 21 Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed building expansion is accessible from SW Commercial Street which is a public street that will be maintained as a public street. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; ewhere no sidewalk is planned, an asphalt approach may be constructed with City except Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. The driveway approach is pre-existing. Therefore, this standard does not apply. Walkways: On-site pedestrian walkways shall 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; Existing on-site pedestrian walkways connect the building to SW Commercial Street. 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; There are two separate walkway connections to the two buildings on site. Further, the two buildings are connected with a walkway along the southwestern edge of the property. This standard is met. 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 6 OF 21 The existing walkway is concrete with the exception of the parking areas which are hard surfaced asphalt. This standard is met. 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 0-99 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. Access to the site is pre-existing and satisfies this standard. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. The access drive is designed for two-way traffic. Therefore, this standard does not apply. 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, upon the finding that the proposed access would: • Cause or increase existing hazardous traffic conditions; or • Provide inadequate access for emergency vehicles; or • Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 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; 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 access to the subject property is pre-existing and is not presently considered hazardous or as constituting a clear and present danger to the public health. Therefore, no access restriction is required. 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). Street trees are pre-existing along SW Commercial Street. Therefore, this standard is met. 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 7 OF 21 The uses surrounding the subject site are predominantly commercial, with the exception of the residential uses to the northeast, across SW Commercial Street. As these uses are across the street, there is no requirement for buffering or additional landscaping. This standard is met. 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. With the configuration of the parking lot, 18 spaces abut SW Commercial Street. In addition to the landscaping provided along the buffer area between the street and the parking area, the parking lot sits about 3 feet lower in elevation from the street, which effectively screens the parking area from view. 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; Screening of Service Facilities is addressed under Chapter 18.755 (Mixed Solid Waste and Recyclable Storage). FINDING: Based on the analysis above, the landscaping and screening standards have been met. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The applicant's plans show the existing 120 square foot enclosure for trash and recycle dumpsters. Since no changes are being proposed to this enclosure and the property has received trash hauler service, this standard is met. Location Standards: To encourage its use, the storage area for source-separated recyclable 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 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 NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 8 OF 21 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 facility on the proposed site is pre-existing and meets this standard. 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 refuse container facility on the proposed site is pre-existing and meets this standard. FINDING: Based on the analysis above, the Mixed Solid Waste/Recycling Storage Standards have 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 site received two previous approvals for major expansions of the facility. Based upon those previous approvals, the combination of manufacturing, warehouse, and office use required 45 spaces. A minor modification was approved in 2000 to convert some interior warehouse space into office which resulted in the need for an additional parking space. The parking standards were modified in 1998. A recalculation of the current requirements is shown below: Table 1. Existing Conditions Standard Square Footage Parking Required Office 2.7/1,000 s.f. 3,610 9.75 Warehouse 0.5/1,000 s.f. 10,281+11,280=21,561 10.78 Manufacturing 1.6/1,000 s.f. 9,901+3,600=13,501 21.60 TOTAL 38,672 42.13 or 43 spaces The applicant has proposed phasing in office space as parking becomes available. The existing office space in Building 1 will be converted back into warehouse space, so this gets added back into the total for that use. The applicant's proposal includes utilizing some off-site parking located within 500 feet of the subject site to satisfy this parking requirement, in accordance with TDC Section 18.765.030. With the 46 spaces currently provided on-site and the additional 4 spaces being proposed, the applicant may utilize as much as 3,685 square feet without resorting to off-site parking, as shown below: NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 9 OF 21 Table 2. Expansion Using Solely On-Site Parking Standard Square Footage Parking Required Office 2.7/1,000 s.f. 3,685 9.95 Warehouse 0.5/1,000 s.f. 10,281+3610+11,729)+11,280=36,900 18.45 Manufacturing 1.6/1,000 s.f. 9,901+3,600=13,501 21.60 TOTAL 54,086 50.00 spaces To fully utilize the 15,414 square foot upstairs expansion for entirely office uses, the following requirements would apply: Table 3. Full Buildout(requires off-site parking) Standard Square Footage Parking Required Office 2.7/1,000 s.f. 15,414 41.62 Warehouse 0.5/1,000 s.f. 13,891+11,280=25,171 12.59 Manufacturing 1.6/1,000 s.f. 9,901+3600=13,501 21.60 TOTAL 54,086 75.81 or 76 spaces This would require that 26 spaces off-site be reserved for the subject site. The applicant has shown a phasing scheme where 24 spaces could be provided. A binding parking agreement will be required that demonstrates the applicant has unrestricted use of off-site parking spaces within 500 feet of the subject site before the applicant expands the upstairs office space beyond the 3,685 square foot threshold. The number of off-site parking spaces required will be based on the amount of office space being proposed at that time. Joint Parking: Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application. Therefore, this standard does not apply. 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 whin the development at 100d10 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 parting 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 in D.1.-3. above. The parking associated with the subject site is pre-existing and has been calculated at 100 percent of the total square footage of all buildings on the site. Therefore, this standard does not apply. 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 multi-family use. Therefore, this standard does not apply. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 10 OF 21 Preferential Long-Term Carpool/Vanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other 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 subject site does not presently designate carpool or vanpool spaces. Based on the 5% requirement, at least 3 spaces will be required to be marked. 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 subject parking area has a total of 50 parking stalls, 3 of which are ADA compliant. According to ADA standards, parking lots with 25 to 50 parking stalls must provide 3 ADA accessible stalls with one of those being van accessible. This standard has been met. 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 excludin single-family and duplex residences, except as provided by Subsection 18.810.030.F, 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 access drive has been addressed previously in this decision under Chapter 18.705 (Access Egress and Circulation). 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. Pedestrian access has been discussed previously in this decision under Chapter 18.705 (Access Egress and Circulation). 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 stalls to be clearly marked with striping. Therefore, this standard has been satisfied. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 11 OF 21 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. Wheel stops and/or curbing have been provided for all parking spaces. 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. The applicant's plans do not specify the dimensions of the parking spaces. Revised plans that include dimensions meeting the standards described above will be required with the building permit application. 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. Based on the proposed uses of the subject property, the Tigard Development Code requires 0.5 spaces per 1,000 gross square feet for office use, and 0.1 spaces per 1,000 gross square feet for manufacturing and warehouse uses. Based on the figures shown in Table 2 above, the first phase would require 6 bike stalls, while a full buildout of office space as shown in Table 3, would require a total of 12 bike stalls. No indication has been made as to how many bicycle spaces are existing or are planned, therefore a condition shall be imposed to assure compliance with this standard. 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, the applicant will be required to provide a plan that shows the required bicycle rack designed according to Section 18.765.050.C. of the Tigard Development Code. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 12 OF 21 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. Bicycle parking has been discussed and conditioned above. Therefore, this standard will be met. 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. Minimum off-street parking has been addressed earlier in this section. Therefore, this standard has been met. 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. The proposed building expansion will increase the total building size to 49,206 square feet. A loading area exists on the north side of the building along SW Commercial Street, and a second shared loading area is provided in the rear of the parking area, between buildings #1 and #2 as shown on the site plan. Therefore, this standard is met. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met: CONDITIONS: Prior to issuance of a building permit for Phase I (2nd level office space of up to 3,685 square feet), the applicant shall submit a plan that: A. Designates a minimum of 3 parking stalls for preferential carpool/vanpool spaces. These spaces must be clearly delineated and located as close to the main building entrances as possible. B. Provides for a minimum of 6 bicycle stalls that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. C. Provides an additional 4 parking spaces and shows the dimensions of existing and proposed parking spaces D. Shows no more than 3,685 square feet of office space upstairs with the balance of the space being unutilized. Prior to issuance of a building permit for Phase II (buildout of 2nd level office space), the applicant shall submit: A. Plans that show where an additional 6 bicycle stalls (for a total of 12 on-site) will be located that meet the design requirements of Section 18.765.050.C. of the Tigard Development Code. B. A binding parking agreement for unrestricted use of off-site parking spaces, within 500 feet of the subject site in an amount to be determined based on the extent of office use being proposed. C. Plans that designate 5% of the total required parking for preferential carpool/vanpool parking. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 13 OF 21 Signs (18.780): Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-G Zoning District. Signs are reviewed through a separate permit process administered by the Community Development Planning/Engineering Technicians. Sign permits have already been issued for the proposed use and comply with the requirements of the code. FINDING: Because signs have been reviewed and approved as part of a separate permit process, this standard has been satisfied. Tree Removal (18.790): Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. No trees are proposed to be removed by the applicant. As no exterior construction is proposed, no tree protection plan is required either. FINDING: Based on the analysis above, the tree removal standards have been met. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. Visual clearance requirements do not apply in the CBD zone. Therefore, this standard is met. FINDING: Based on the analysis above, the vision clearance standards have been met. 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 (Residential 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 previously 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); and 18.360.090.14 (Provisions for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be located to preserve existing trees, topography and natural drainage NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 14 OF 21 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 expansion will occur directly above the first floor of Building 1. The portion of this building that abuts the western property line will not be subject to the upward expansion. Railroad tracks lie to the south and SW Commercial Street is located on the north side of the project site. The parking lot between Buildings 1 and 2 provides separation for light and air circulation. The proposed building expansion will not affect existing trees located on the site. Drainage is addressed later in this decision under Chapter 18.810 (Street and Utility Improvement Standards). No trees will be removed as part of this project. Therefore, this standard has been satisfied. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • 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 building plans call for outdoor covered deck areas which will enable the occupants to survey the site for illegal activity. A lighting plan has not been submitted and will be required. FINDING: The crime prevention standards are not fully met. CONDITION: The applicant shall demonstrate that existing lighting is sufficient to illuminate a person along the pedestrian route connection to the street, or shall install additional lighting to satisfy this standard. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to 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 site has frontage on SW Commercial Street, which is a Tri-Met transit route. However, transit facilities are pre-existing. Therefore, this standard has already been satisfied. Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. Dimensional Requirements: Provisions of the (CBD) Central Business District Zoning District have been addressed earlier in this decision under Chapter 18.520. FINDING: Based on the analysis above, the specific standards of the Site Development Review Section have been met. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 15 OF 21 D. 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 arterial street to have a variable right-of-way width and three to seven lanes. 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 Commercial Street, which is classified as a local commercial street on the City of Tigard Transportation Plan Map. There is adequate ROW adjacent to this site at present, and the roadway is fully improved. No additional dedications or improvements will be required. 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. There is a concrete sidewalk along the site frontage that meets this criterion. 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. Sewer is provided by a main line in SW Commercial Street. No additional public sewer line improvements are needed to support this development. 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 Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream public drainage ways that affect this site. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 16 OF 21 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). Since there will not be an increase in impervious areas on the site, this section will not apply. 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. There are no planned bike facilities along SW Commercial Street. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: This site is presently served by the Tualatin Valley Water District (TVWD). No additional public water line work is needed to support this development. 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. Since there are no additional impervious areas being created, this section will not apply. 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 $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. No additional suites are being created, and the building is pre-existing. No additional addressing fee will apply. E. IMPACT STUDY (18.390) Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 17 OF 21 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. The applicant will be required to pay TIF's of approximately $46,406 based on the office and warehouse use proposed at full buildout. 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 $145,018 ($46,408 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the collector and arterial street system. The unmitigated impact of this project on the transportation system is $98,610. Additional exactions if warranted could have been required and would have met the rough proportionality test, however, no exactions or off site improvements are required, as they have already been completed with prior development approvals. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and inquired where water and fire suppression connections would occur. The applicant has stated that existing service lines to the building would be utilized; however, this will be assessed at the building permit phase. The City of Tigard Permit Coordinator notes that based on the applicant's impact study, there will be no additional employees. Therefore, no Parks SDC will apply. If employees are added, SDC's will be assessed at time of building permit application. The City of Tigard Public Works Property Manager has reviewed the proposal and has no objections to it. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal and has no objections to it. Tri-Met has reviewed the proposal and has no objections to it, and noted that the applicant should be made aware of the Commuter Rail project that will be immediately adjacent to the subject site. Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: 1. PAINTED CURBS: 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) 2. COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: 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) The required fire flow for the building is 2285 gpm @ 20 psi. A current flow test will need to be performed in order to determine if the required fire flow is present at the closest hydrants. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 18 OF 21 3. COMMERCIAL BUILDINGS - FIRE HYDRANTS: 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) 4. COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: 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. • 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) 5. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 6. REFLECTIVE HYDRANT MARKERS: 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) NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 19 OF 21 7. FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: 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) 8. FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections shall not be located on the building that is being protected with the exception of Group R, Division 1 Occupancies not over 4 stories in height. (UFC Sec. 903.4.2.5) 9. ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: 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) 10. KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (UFC Sec. 902.4) SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 3, 2003 AND BECOMES EFFECTIVE ON APRIL 18, 2003 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. NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 20 OF 21 THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON APRIL 17, 2003. 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. April 3, 2003 P' PARE :Y: Morgan racy DATE Associate Planner April 3, 2003 APPROVED-BY: Richard H ewersdorff DATE Planning Manager i:\curpin\morgan\workspace\sdr\sdr2002-00013(magno humphries)\sdr2002-00013 decision.doc NOTICE OF TYPE II DECISION SDR2002-00013/MAGNO HUMPHRIES EXPANSION PAGE 21 OF 21 �sf ,�W'`rP,T,� • ?- CITY of TIGARD • T ♦ . • ', , J- IiNIMèii ARDEN PL,•si,,,, y SDR2002-00013 ts,,,,,, ,, soGTy. I��` MAGNO-HUMPHRIES s,. �1 . c � w4tfr EXPANSION ■4(> . 444. 7. • s #110-1 * el 'Yy s�, sr , N r Y .SFR5F 777 ♦ \1,44,32,,,, ;, `. , . tier.WA* it. 1 M _ t1,`) BJEE, 4.r 4, aONITA f .. . • ti7 Tigard Mes Map y" N 0 200 400 600 Feet ilidi % 1"=413 feet m A t Cttyof Tigard te Information on Ihis map is for general location only and 0 should he verified with the Development Services Division. 13125 SW Hall Blvd . , Tigard,OR 97223 , (503)639-4171 http:!lwew.ci.ligab.or.us Community Development Plot date:Mar 6,2003;C:lmagic\MAGIC03.APR ti 0. '\ Nkt \'\ Z 4$,,,.r •• N •••• \ 0 /% \•• \, Y �����■ ••••••••ice\��f 0 4000 N. ;;z:\ . 7 0 f e.Q \ �� Q Q% , ��aw��, \ a_ \ •• \ L\ � •k> r \ IL• %% \••• \ V \.O \••• \ • s o %'‘ '\ i % '\ % CITY OF TIGARD t SDR2002-00013 SITE Pu►N MAGNO-HUMPHRIES EXPANSION (Map is not to scale) N Thelma Magno _6_ EXHIBIT 8800 SW Commercial Street SDR2002-00018 Tigard, OR 97223 MAGNO-HUMPHRIES ADDITION Magno-Humphries PO Box 230626 Tigard, OR 97281 Steve DeAngelo, President DeAngelo's Catering and Events 9037 SW Burnham Street Tigard, OR 97223 Ian Weston Weston Bodyworks 9047 SW Burnham Street Tigard, OR 97223 4 AFFIDAVIT OF MAILING CITY OF TIOARD Community'Development Sliaping,A 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 Appmpnate Boris)Bekiw! © NOTICE OF DECISION FOR: SDR2002-00013/MAGNO HUMPHRIES EXPANSION ❑ 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 April 3,2003, and deposited in the United States Mail on April 3,2003, postage prepaid. '?7-zLiL"J' -.„.„, 4 47� (Person that Rr-.ared o STATE OAF ORGON ) County of Washington )ss. City of Tigard ) y Subscribed and sworn/affirmed before me on the o2-3 day of r , 2003. :-.--'? OFFICIAL SEAL FR# DIANE M JELDERKS `", NOTARY PUBLIC-OREGON / ." COMMISSION NO.326578 /� MY COMMISSION EXPIRES SEPT.07,2003 ` �L / NI , , , . I ; I I ' CI My Commission Expires: 9 i CXI I 'IT A NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2002-00013 CITY OFTIGARD Community cDeve(opment MAGNO HUMPHRIES EXPANSION Shaping A Better Community 120 DAYS = 7/1/2003 SECTION I. APPLICATION SUMMARY FILE NAME: MAGNO HUMPHRIES EXPANSION CASE NO.: Site Development Review (SDR) SDR2002-00013 PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. OWNER: Thelma Magno APPLICANT: Magno-Humphries 8800 SW Commercial St. 8800 SW Commercial St. Tigard, OR 97223 Tigard, OR 97223 LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, CRITERIA: 18.725, 18.745, 18.755, 18.765, 18.780, 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 APRIL 3, 2003 AND BECOMES EFFECTIVE ON APRIL 18, 2003 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 APRIL 17, 2003. 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. �, ' 4 crtv o n na44441P...1* " , VICINITY MA 1 P II �t,. .4S w. SD R2002 00013 r / � � ►4� MAGN0-HUMPHRIES , ,.. ,.. �m` EXPANSION ,,,,w � 4I 4....7 s a �I 1 . lip■ #.,, f-* ;11, *•� .\ . ., Abp,,,,il M.� /4 • . m Na MD Pa eS. , mammmw *raw ine Z 00 ' ..\ -(5 01 f o Z z N. /111‘� a,..,.\\ `„ U I t. 1 CIT■ of TIGARD t SUR2002-00013 smile sue+ MAGNO-HUMPHRIES EXPANSION (Map is not to scale) N • 2S 102AD-00900 2S 102AD-01601 8775 SW COMMERCIAL LLC DEANGELO STEPHEN T BY BOOKOUT JOHN R/FANNY P 13215 SW 124TH AVE EXHIBIT �LJ 10459 NW LOST PARK DR TIGARD,OR 97223 PORTLAND,OR 97229 2S 102AA-03801 2S 102AD-01200 ASHER BRIAN W AND SUSAN P DIBB THERESA ROCHA 15795 SW SERENA CT 8848 SW COMMERCIAL ST TIGARD,OR 97224 TIGARD,OR 97223 2 S 102AD-01100 2S 102AD-00700 BIRKEMEIER FAMILY TRUST EHRENFELT TRACEY S& do PORTLAND AERIE NO.4 LUTZ DOUGLAS L FRATERNAL ORDER OF EAGLES 12665 SW HALL BLVD 11960 SW FAIRFIELD ST TIGARD,OR 97223 BEAVERTON,OR 97005 2S102AA-04700 2S102AD-00300 BROWN DEAN A HARRIS MCMONAGLE ASSOC INC PO BOX 583 12555 SW HALL BLVD CARLTON,OR 97111 TIGARD,OR 97223 2S 102AA-04201 2S 102AD-01400 BUTTERFIELD CHARLES W JR& HENDERSON JACK R&MARY S MICHELLE S 9075 SW BURNHAM ST 825 SW VIEWCREST DR TIGARD,OR 97223 DUNDEE,OR 97115 2S 102AD-01800 2S10100-00600 CARL H JOHNSON FAMILY L P II JEMPAK PARTNERS LLC BY JOHNSON CARL H 7034 SW 83RD AVE 8965 SW BURNHAM PORTLAND,OR 97223 TIGARD,OR 97223 2S102AA-03802 2510100-00500 CASEY JAMES MICHAEL J AK P NERS LLC 6822 GARDEN HOME RD 7034 AVE PORTLAND,OR 97223 P TLAND,OR 97223 2S 102AA-03901 2S 102AA-03903 CONNOR PENNY L KAUFMANN RANDALL AND 7217 SW PINE ST KAUFMANN LANCE PORTLAND,OR 97223 14425 SW MCFARLAND TIGARD,OR 97224 2S 102AA-03902 2S101 BC-02401 DAVIDSON WILLIAM G&DIXIE L KING JAMES F 8915 SW COMMERCIAL ST 12650 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223 2S102AA-03900 2S102DA-00100 DAVIDSON WILLIAM G AND DIXIE L MAGNO LLC 8915 SW COMMERCIAL 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 2S 102AD-01203 2S 102AD-01501 MAGNO LLC SPOHN NANCY D BY MAGNO-HUMPHRIES INC 9053 SW BURNHAM ST PO BOX 230626 TIGARD,OR 97223 TIGARD,OR 97281 2S 102AA-03800 2S 102AB-05301 PADDACK RYCHEN M/A LUELLA STEVENS PAGE 11025 SW SUMMER LAKE DR 9180 SW BURNHAM ST TIGARD,OR 97223 TIGARD,OR 97223 2S 102AA-03000 2S1 02AD-00400 PIETILA ELVA E TRUSTEE THOMPSON J RONALD& PO BOX 231022 CECILIA I TRS TIGARD,OR 97281 1847 N 150E CENTERVILLE,UT 84014 2S 102AD-00800 2S102AD-00400 PRUNTY CRAIG E&CARRIE THO 'SON J '•NALD& 8575 SW SORRENTO CECILIA ■ -S BEAVERTON,OR 97005 1847 150E C" TERVILLE, 84014 2S102AD-00600 2S102AD-00401 PRUNTY CRAIG E&CARRIE A THOMPSON J RONALD&CECILIA 8575 SW SORRENTO RD 1847 N 150E BEAVERTON,OR 97008 CENTERVILLE, UT 84014 2S102AD-01600 2S102AA-03701 SCOTT JERRY D&NATALIE C TIGARD MANOR HOLDINGS LLC 10060 SW PICKS CT BY ALLIANCE PROPERTIES TIGARD,OR 97224 4280 SW 109TH AVE BEAVERTON,OR 97007 2S 102AD-00201 2S 102AD-02000 SNYDER GAIL V TIGARD WATER DISTRICT 14460 SW 141ST PO BOX 23000 TIGARD,OR 97224 TIGARD,OR 97223 2S 102AD-00202 2S 102AA-04800 S■' : R • V TRI-COUNTY METROPOLITAN 14461 : T TRANSPORTATION DISTRICT OF OREGON T 'ARD,OR 972 4 4012 SE 17TH AVE PORTLAND,OR 97202 2S102AD-00203 2S102AA-02800 SNYDER G L V TUALATIN VALLEY CENTERS 14460 141ST 14600 NW CORNELL RD T D,O 7224 PORTLAND,OR 97229 2s 102AA-04801 2S 102AD-01900 SOUTHERN PACIFIC TRANSPORTATION TUALATIN VALLEY FIRE&RESCUE BY UNION PACIFIC RAILROAD CO 20665 SW BLANTON ST 1700 FARNAM ST 10TH FLOOR SOUTH ALOHA,OR 97007 OMAHA,NE 68102 2S 102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 2S 102AD-03200 WALTON DARLENE E TRUST 10955 SW BLACK DIAMOND TIGARD,OR 97223 2S1O2AD-03100 WESTON BODY WORKS LLC 14802 SW 91ST AVE TIGARD,OR 97224 2S102AD-01300 WYATT GENE D 9095 SW BURNHAM TIGARD,OR 97223 2S 102AD-01700 ZUBER JOHN H 9025 SW BURNHAM TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: April 18, 2002 • • AFFIDAVIT OF MAILING Community(Development Shaping) (Better Community 1, cPatricia 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 Appropnate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: SDR2002-00013/MAGNO HUMPHRIES EXPANSION 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 March 7,2003, and deposited in the United States Mail on March 1,2003, postage prepaid. s / /h eC12 - � •J-7� � !1 (Perso at�Pr areki�d'otice) SZTItL OE o c oN ) County of-Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the 4,,54/clay da y of 1 , 2003. f•. , OFFICIAL SEAL .� '�''�"' • DIANE M JELDERKS / ''^=% ' NOTARY PUBLIC-OREGON " 1 . 6 ...,,..:,-7-", . , ,a-- ' COMMISSION NO.326578 [ MY COMMISSION EXPIRES SEPT.07,2003 d NOTARY PUBLIC OF I ' : I N My Commission I res: 7 73 NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. it NOTICE OF PENDING LAND USE APPLICATION Ilk SITE DEVELOPMENT REVIEW . CITY OF T TIGARD Community(Development Shaping A(Better Community DATE OF NOTICE: March 7, 2003 FILE NUMBER: SITE DEVELOPMENT REVIEW (SDR) 2002-00013 Type II Land Use Application FILE NAME: MAGNO-HUMPHRIES EXPANSION PROPOSAL: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi- family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. 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 21, 2003. 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. 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 14, 2003. 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 addres ,e relevant approval criteria with ; ,cient 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."..... .............. CITY of TIGARD % VICINITY MAP 10:, rAir► #404%.. . s SDR2002-00013 , MAGNO-HUMPHRIES / '♦ '� � •� � rEXPANSION \41 . e\*;�Tc\\sr • S T ■ r .41 4"1,12: 61:44..11- Mr 114 0 ZOO 000 4 � City of TipM �VI.♦!� rrr +w w++w.r.r nr... os.,� 2S102AD-00900 25102AD-01601 8775 SW COMMERCIAL LLC DEANGELO STEPHEN T EXHIBIT 13 BY BOOKOUT JOHN R/FANNY P 13215 SW 124TH AVE 10459 NW LOST PARK DR TIGARD,OR 97223 PORTLAND,OR 97229 2S 102AA-03801 2S 102AD-01200 ASHER BRIAN W AND SUSAN P DIBB THERESA ROCHA 15795 SW SERENA CT 8848 SW COMMERCIAL ST TIGARD,OR 97224 TIGARD,OR 97223 2S 102AD-01100 2S 102A0-00700 BIRKEMEIER FAMILY TRUST EHRENFELT TRACEY S& Go PORTLAND AERIE NO.4 LUTZ DOUGLAS L FRATERNAL ORDER OF EAGLES 12665 SW HALL BLVD 11960 SW FAIRFIELD ST TIGARD,OR 97223 BEAVERTON,OR 97005 2S102AA-04700 2S102AD-00300 BROWN DEAN A HARRIS MCMONAGLE ASSOC INC PO BOX 583 12555 SW HALL BLVD CARLTON,OR 97111 TIGARD,OR 97223 2S 102AA-04201 2S 102AD-01400 BUTTERFIELD CHARLES W JR& HENDERSON JACK R&MARY S MICHELLE S 9075 SW BURNHAM ST 825 SW VIEWCREST DR TIGARD,OR 97223 DUNDEE,OR 97115 2S102AD-01800 2510100.00600 CARL H JOHNSON FAMILY L P II JEMPAK PARTNERS LLC BY JOHNSON CARL H 7034 SW 83RD AVE 8965 SW BURNHAM PORTLAND,OR 97223 TIGARD,OR 97223 2S102AA-03802 2S10100-00500 CASEY JAMES MICHAEL J AK P NERS LLC 6822 GARDEN HOME RD 7034 AVE PORTLAND,OR 97223 P TLAND,OR 97223 2S 102AA-03901 2S 102AA-03903 CONNOR PENNY L KAUFMANN RANDALL AND 7217 SW PINE ST KAUFMANN LANCE PORTLAND,OR 97223 14425 SW MCFARLAND TIGARD,OR 97224 2S 102AA-03902 2S101 BC-02401 DAVIDSON WILLIAM G&DIXIE L KING JAMES F 8915 SW COMMERCIAL ST 12650 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223 2S 102AA-03900 2S 102DA-00100 DAVIDSON WILLIAM G AND DIXIE L MAGNO LLC 8915 SW COMMERCIAL 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 • • 2S102AD-01203 2S102AD-01501 MAGNO LLC SPOHN NANCY D BY MAGNO-HUMPHRIES INC 9053 SW BURNHAM ST PO BOX 230626 TIGARD,OR 97223 TIGARD,OR 97281 2S 102AA-03800 2S 102AB-05301 PADDACK RYCHEN M/A LUELLA STEVENS PAGE 11025 SW SUMMER LAKE DR 9180 SW BURNHAM ST TIGARD,OR 97223 TIGARD,OR 97223 2S 102AA-03000 2S 102AD-00400 PIETILA ELVA E TRUSTEE THOMPSON J RONALD& PO BOX 231022 CECILIA I TRS TIGARD,OR 97281 1847 N 150E CENTERVILLE,UT 84014 2S 102AD-00800 2S 102AD-00400 PRUNTY CRAIG E&CARRIE THO SON J NALD& 8575 SW SORRENTO CECILIA S BEAVERTON,OR 97005 1847 150E C TERVILLE, 84014 25102AD-00600 2S102AD-00401 PRUNTY CRAIG E&CARRIE A THOMPSON J RONALD&CECILIA 8575 SW SORRENTO RD 1847 N 150E BEAVERTON,OR 97008 CENTERVILLE, UT 84014 2S 102AD-01600 2S 102AA-03701 SCOTT JERRY D&NATALIE C TIGARD MANOR HOLDINGS LLC 10060 SW PICKS CT BY ALLIANCE PROPERTIES TIGARD, OR 97224 4280 SW 109TH AVE BEAVERTON,OR 97007 2S 102AD-00201 2S 102AD-02000 SNYDER GAIL V TIGARD WATER DISTRICT 14460 SW 141ST PO BOX 23000 TIGARD,OR 97224 TIGARD,OR 97223 2S 102AD-00202 2S 102AA-04800 SN• : R • V TRI-COUNTY METROPOLITAN 14460 : T TRANSPORTATION DISTRICT OF OREGON T 'ARD,OR 972 4 4012 SE 17TH AVE PORTLAND,OR 97202 2S 102AD-00203 2S 102AA-02800 SNYDER G L V TUALATIN VALLEY CENTERS 14460 141ST 14600 NW CORNELL RD T D,0 7224 PORTLAND,OR 97229 2S102AA-04801 2S102AD-01900 SOUTHERN PACIFIC TRANSPORTATION TUALATIN VALLEY FIRE&RESCUE BY UNION PACIFIC RAILROAD CO 20665 SW BLANTON ST 1700 FARNAM ST 10TH FLOOR SOUTH ALOHA,OR 97007 OMAHA, NE 68102 2S102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 2S102AD-03200 WALTON DARLENE E TRUST 10955 SW BLACK DIAMOND TIGARD,OR 97223 2S102AD-03100 WESTON BODY WORKS LLC 14802 SW 91ST AVE TIGARD,OR 97224 2S 102AD-01300 WYATT GENE D 9095 SW BURNHAM TIGARD,OR 97223 2S102AD-01700 ZUBER JOHN H 9025 SW BURNHAM TIGARD,OR 97223 THELMA MAGNO 8800 SW COMMERCIAL STREET TIGARD, OR 97223 • Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: April 18, 2002 , AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: SDR2002-00013 Land Use File Name: MAGNO-HUMPHRIES EXPANSION I, Morgan Tracy, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land loc ed at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) up° 1(.... Co0144M CLIed SI"- t and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territo , a copy of said notice being hereto attached and by reference made a part hereof, on the 13 1 day of M.,rcl, , 2003. Signature Person Who Pe rmed 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/affix hed before me on the S day of 'VL,fv , 20 03. 1 OFFICIAL SEAL f /� �j1 J BENGTSON /V 1� / NOTARY PUBLIC OREGON NOTARY PUBLIC`OF OREGON () Z COMMISSION N0.368086 ( My COMMISSION EXPIRESAPR.27,2007 My Commission Expires: Ltl -,,y__--) (01 h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc MAGNO1UMPIIMES EXPANSION SITE DEVELOPMENT REVIEW (SDR) 2002-00013 REQUEST: The applicant is requesting Site Development Review ' approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building . LOCATION : 8800 SW commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE : CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown , including a mix of civic, retail and office uses. Single-family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. APPLICABLE REVIEW CRITERIA: Community Development Code Thapters 18.360, 18 .390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 118.780, 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 . 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. -s'</ CITY of TIGARD �S ‘90,1)4/ .,;./..)r, i 0 GEOGRAPHIC INFORMATION SYSTEM Z AREA NOTIFIED . , °G�y� . iciv (500') > Si,s ti •• s. %/, No, ..4 4101,,, ,,. FOR: Ma no-Hum hries sf 9 p RE: Updated Mailing List ' # 41,11§1-4S44: i. _. ► l ti� p 9''� sT *14, ��2 Property owner information\ 11.4111 t valid for i months from the date printed on this map. 4*, "89' 1° °2O .tmw ,iilL N N 0 100 200 300 400 Feet A City of Tigard -- �_ Information on this map is for general location only and should be venfied with the Development Services Division. 13125 SW Hall Blvd ((( Tigard,OR 97223 `I' (503)639-4171 hltp://www.ci.tigard.or.us Community Development Plot date:Mar 6,2003;C:\magic\MAGIC03.APR • 2S 102AD-00900 2S 102AD-01601 8775 SW COMMERCIAL LLC DEANGELO STEPHEN T BY BOOKOUT JOHN R/FANNY P 13215 SW 124TH AVE 10459 NW LOST PARK DR TIGARD,OR 97223 PORTLAND,OR 97229 2S 102AA-03801 2S 102AD-01200 ASHER BRIAN W AND SUSAN P DIBB THERESA ROCHA 15795 SW SERENA CT 8848 SW COMMERCIAL ST TIGARD,OR 97224 TIGARD,OR 97223 2S 102AD-01100 2S 102AD-00700 BIRKEMEIER FAMILY TRUST EHRENFELT TRACEY S& do PORTLAND AERIE NO.4 LUTZ DOUGLAS L FRATERNAL ORDER OF EAGLES 12665 SW HALL BLVD 11960 SW FAIRFIELD ST TIGARD,OR 97223 BEAVERTON,OR 97005 2S 102AA-04700 2S 102AD-00300 BROWN DEAN A HARRIS MCMONAGLE ASSOC INC PO BOX 583 12555 SW HALL BLVD CARLTON,OR 97111 TIGARD,OR 97223 2S 102AA-04201 2S 102AD-01400 BUTTERFIELD CHARLES W JR& HENDERSON JACK R&MARY S MICHELLE S 9075 SW BURNHAM ST 825 SW VIEWCREST DR TIGARD,OR 97223 DUNDEE,OR 97115 2S 102AD-01800 2S 10100-00600 CARL H JOHNSON FAMILY L P II JEMPAK PARTNERS LLC BY JOHNSON CARL H 7034 SW 83RD AVE 8965 SW BURNHAM PORTLAND,OR 97223 TIGARD,OR 97223 2S102AA-03802 2510100-00500 CASEY JAMES MICHAEL J AK P NERS LLC 6822 GARDEN HOME RD 7034 AVE PORTLAND,OR 97223 o TLAND,OR 97223 2S 102AA-03901 2S 102AA-03903 CONNOR PENNY L KAUFMANN RANDALL AND 7217 SW PINE ST KAUFMANN LANCE PORTLAND,OR 97223 14425 SW MCFARLAND TIGARD,OR 97224 2S 102AA-03902 2S101 BC-02401 DAVIDSON WILLIAM G&DIXIE L KING JAMES F 8915 SW COMMERCIAL ST 12650 SW HALL BOULEVARD TIGARD,OR 97223 TIGARD,OR 97223 2S 102AA-03900 2S 102DA-00100 DAVIDSON WILLIAM G AND DIXIE L MAGNO LLC 8915 SW COMMERCIAL 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 2S 102AD-01203 2S 102AD-01501 MAGNO LLC SPOHN NANCY D BY MAGNO-HUMPHRIES INC 9053 SW BURNHAM ST PO BOX 230626 TIGARD,OR 97223 TIGARD,OR 97281 2S102AA-03800 2S102AB-05301 PADDACK RYCHEN M/A LUELLA STEVENS PAGE 11025 SW SUMMER LAKE DR 9180 SW BURNHAM ST TIGARD, OR 97223 TIGARD,OR 97223 2S 102AA-03000 2S 102AD-00400 PIETILA ELVA E TRUSTEE THOMPSON J RONALD& PO BOX 231022 CECILIA I TRS TIGARD,OR 97281 1847 N 150E CENTERVILLE, UT 84014 2S 102AD-00800 2S 102AD-00400 PRUNTY CRAIG E&CARRIE THO 'SON J '•NALD& 8575 SW SORRENTO CECILIA■ 'S BEAVERTON,OR 97005 1847 150E C" TERVILLE, 84014 2S102AD-00600 2S102AD-00401 PRUNTY CRAIG E&CARRIE A THOMPSON J RONALD&CECILIA 8575 SW SORRENTO RD 1847 N 150E BEAVERTON,OR 97008 CENTERVILLE, UT 84014 2S102AD-01600 2S102AA-03701 SCOTT JERRY D& NATALIE C TIGARD MANOR HOLDINGS LLC 10060 SW PICKS CT BY ALLIANCE PROPERTIES TIGARD,OR 97224 4280 SW 109TH AVE BEAVERTON,OR 97007 2S102A0-00201 2S102AD-02000 SNYDER GAIL V TIGARD WATER DISTRICT 14460 SW 141ST PO BOX 23000 TIGARD,OR 97224 TIGARD,OR 97223 2S102AD-00202 2S102AA-04800 SN' ` R • V TRI-COUNTY METROPOLITAN 14468 . - T TRANSPORTATION DISTRICT OF OREGON TI ARD,OR 972 4 4012 SE 17TH AVE PORTLAND,OR 97202 2S102AD-00203 2S102AA-02800 SNYDER G L V TUALATIN VALLEY CENTERS 14460 141ST 14600 NW CORNELL RD TI D,0 7224 PORTLAND,OR 97229 2S102AA-04801 2S102AD-01900 SOUTHERN PACIFIC TRANSPORTATION TUALATIN VALLEY FIRE&RESCUE BY UNION PACIFIC RAILROAD CO 20665 SW BLANTON ST 1700 FARNAM ST 10TH FLOOR SOUTH ALOHA,OR 97007 OMAHA, NE 68102 2S 102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD, OR 97223 2S 102AD-03200 WALTON DARLENE E TRUST 10955 SW BLACK DIAMOND TIGARD, OR 97223 2S102AD-03100 WESTON BODY WORKS LLC 14802 SW 91ST AVE TIGARD, OR 97224 2S102AD-01300 WYATT GENE D 9095 SW BURNHAM TIGARD,OR 97223 2S102AD-01700 ZUBER JOHN H 9025 SW BURNHAM TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: April 18, 2002 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD CITY OF TIGARD TIGARD, OREGON 97223 Community Deverapmeut Shaping A Better Community PHONE: 503-639-4111 FAX: 503-684-1291 (Attn: Patty/Planning) Rig:0 U X E ° OP *TY O Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW ,2.5/ 2--fi-:D/ 1A1/2- 4 /21-14-14:d) INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: (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 CONTACT PERSON:, j L PHONE: 42$q ' 54-k, x J� 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 your request, the contact person will be called to pick up their request that will be placed in "Will CaIE' 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, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* **COST FOR THIS REQUEST 4 sheets of labels x$2/sheet= $8.00 x 2 sets = $16.00 sheet(s)of labels x$2/sheet= $ x 2 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= $ -x----sets= GENERATE LIST =$11.00 ` GENERATE LIST = 11.0 TOTAL =$31.00 Q �( TOTAL '=$,23 fj APPLICANT MATERIALS SITE DEVELOPMENT REVIEW _sitov TYPE I I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: I 02_ DATE OF PRE-APP.: Property Address/Location(s): 3800 S.W. Commercial St. Tigard, Oregon 97223 FOR STAFF USE ONLY Tax Map &Tax Lot#(s): 2S102AD-01203 Case No.(s): $■ ti oO2 -ck)o Other Case No.(s): Receipt No.: ?' ?-- 335 1 q Site Size: 1.80 Acres Application Ac pied By: Applicant*: Thelma C. Magno Date: Q/t O 2' Address: RROO S-W Generical Street Date Determined Complete: City/State: Tigard, Oregon Zip: 97223 Rev.8/21/2001 i:lcurpin\masters\revisedlsdra.doc Primary Contact: Bruce P Deschner .? r/(e -7205 Phone: 503-684-5464 Fax: 503-639-11M REQUIRED SUBMITTAL ELEMENTS Property Owner/Deed Holder(s)*: (Attach list if more than one) (Note: applications will not be accepted without the required submittal elements) Thelma C. Magno Address: 8800 S.W. Commercial St. Phone:503-684-5464 .4 Application Form City/State: Tigard, Oregon Zip: 97223 4 Owner's Signature/Written Authorization Title Transfer Instrument or Deed * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Copy of Pre-Application Conf. Notes authorization from the owner or an agent of the owner. The owner(s) Site/Plot Plan must sign this application in the space provided on the back of this (#of copies based on pre-app check list) form or submit a written authorization with this application. Site/Plot Plan (reduced 8'/:"x 11") PROPOSAL SUMMARY Applicant's Statement (#of copies based on pre-app check list) The owners of record of the subject property request Site i CWS Sewer Use Information Card Development Review approval to allow(please be specific): (Distributed/completed at application submittal) Construction of 2nd story addition on building CWS Service Provider Letter number 1 totaling + or - 18,000 square feet. • 2 Sets of Pre-Addressed/Pre-Stamped b #10 Envelopes & Copy of 500' Property Owner List Generated by the City Neighborhood Mtg.Affidavits & Notes [ Filing Fee: (under$100,000) $ 800.00 (5100,000-3999,999) $1,600.00 (31 Million&Over) $1,780.00 (* $5/510,000 over the first million) Urban: (See Washington County fee schedule) ti 3000 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this a 3 day of `A k./, k5-\- ,20 0 a ner's Signature Owner's Signature Owner's Signature Owner's Signature 2 Sent By: BANK OF THE NW; 503 417 8888; Feb-21 10:53AM; Page 1 BANK4NoRFHwEST 600 PIONEER TOWER • 888 SW FIFTH AVENUE • PORTLAND, OREGON 97204 Phone: (503) 417-8800 • Fax: (503) 417-8888 F jcx To: ✓s� �,.�- From: r� Company: c S Pages: g Dept: Phone: 4-1- 43 8 co v Fax: L 3c) 3 I L Date: Z - 2 1 0__ - Re: CC: - (' 1 . D o a�- o -,�c�i ��Tti' -c-1) S . 2. I �],.u,. S 0 G — ZS —° 1 Lit 3 .22 c ,a 01J- is L. d CONFI DENTIALITYNOTE: The information contained in this facsimile message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any retention,dissemination,distribution or copying of the message is strictly prohibited. If you have received this message in error,please immediately notify us by telephone,and return the original message to us at the address below via the U.S.Postal Service. Thank you. t _ Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 1P- 1AM; Page 2 • STAT 'OREGON }♦ RECORDATION REQUESTED BY: 1"� Count Washington :38 (9- BANK OF THE NORTHWEST I,Jerry �ggn ►' °. • of Meese- PORTLAND,SW FIFTH AVENUE,SUITE 600 merit and F. albn - a• o County PORTLAND,OH 97204 Clerk for ' rtify tht the wit t ? calved and re.:rtVei if will. of said WHEN RECORDED MAIL TO county * ' .y? BANK OF THE NORTHWEST ti°' "; , • AIM:Loan Operations 'P �' cC: US SW 6th Avenue.4000 }G. Portland,OR 97204 U.` n • =o .y tractor of tie rotation,Ex- i` ' Jerk SEND TAX NOTICES TO: Doc : 99111479 MAGNO,LL.C. Rest: 240903 41.00 6600 SW Commercial Street Tigard,OR 97223 09/29/1999 12:35:05pm S SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEW OF TRUST IS DATED SEPTEMBER 17, 1999, among MAGNO, L.L.C., an Oregon limited liability — company, whose address Is 8800 SW Commercial Street, Tigard, OR 97223(referred to below as "Grantor"); BANK OF THE NORTHWEST, whose address is 888 SW FIFTH AVENUE, SUITE 600, PORTLAND, OR 97204 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIDELITY NATIONAL TITLE COMPANY OF OREGON, whose address Is 900 SW Fifth Avenue, Portland, OR 97204 (referred to below as _ "Trustee"), CONVEYANCE AND GRANT. For valuable consideration,Grantor conveys to Treatise ter the benefit of Lender as Beneficiary as of Grantor's •right, title, and interest in and to the following described real properly, logether with all existing or subsequently erected or affixed buddings. improvements and fixtures;elf easements,rights of way,and appurtenances;all water,water nghts and ditch rights(including stock in utilities with ditch - or irrigation rights);and all other rights,royalties,and profits relating to the real properly,including without limitation all minerals,oil,gas,geothermal and similar matters,located In Washington County,State of Oregon(the "Real Property"): PER EXHIBIT"ONE"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF • The Real Property or its address is commonly known as 8800 SW Commercial Street,Tigard, OR 97223. Grantor presently assigns to Lender(also known as Beneficiary In this Deed of Trust)all of Grantor's right,title,and Interest In and to an present and future leaSeS of the Property and all Rents from the Property. In addition,Grantor grants Lender a Uniform Commercial Code security Interest In the Rents and the Personal Property donned below. DEFINITIONS. The following words shail have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attn0uled to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of(tie Untied States of America. BerlefIClry. The word'Beneficiary"means BANK OF THE NORT1-(WEST,its successors and assigns. BANK OF THE NORTHWEST also Is referred t0 as'lender"in this Deed of Trust. Deed of Trust. The words'Deed of Trust"mean this Line of Credit Instrument among Grantor,Lender,and Trustee,and includes without limitation alt assignment and security Interest provisions relating to the Personal Property and Rents. Grantor. The word"Grantor"means any and all persons and entities executing this Does of I rust,inciud rig Wltncut,imitation MAGNO,L.L. .. Guarantor. The word'Guarantor' means and Includes without limitation any and all guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word"Improvements'means and includes without limitation all costing and future Improvements,buildings,structures, mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word"Indebtedness"means all principai and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust together with Interest on such amounts as provided In this Deed of Trust The lien of this Deed of Trust shall not exceed at any one time$1,344,000.00. Lender. The word'Lender"means BANK OF THE NORTHWEST,Its successors and assigns. Note. The word"Note"means the Note dated September 17,1eee,In the principal amount of $1,344,000.00 from Grantor to Lender,together with all renewals,extensions,modifications,refinancings,and substitutions for the Note. The maturity data of the Note is October t,2009. The rate of Interest on the Note is sub)ect to Indexing,ad)ustment,renewal,or renegotiation. Personal Property. The words"Personal Property"mean all equipment,Matures,and other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Reel Properly;together with all accessions,pads.and additions to,all replacements Of, and art substitutions for,any of such property;and together with ail proceeds(including without limitation all Insurance proceeds and refunds of premiums)from any sale Or other disposition of the Property. Property. The word"Properly"means collectively the Real Properly and the Personal Property Reel Properly. The words"Real Property"mean the property,Interests and rights described above in the"Conveyance and Grant"section Related Documents. The words 'Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan agreements.environmental agreements,guaranties.security agreements,mortgages,deeds of trust,and all other instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness Rents. The word"Rents"means all present and future rents,revenues,income,issues.royalties.profits,and other benefits derived from the Property. Trustee. The word"Trustee'means FIDELITY NATIONAL TITLE COMPANY OF OREGON and any substitute or successor trustees. THIS DEED OF TRUST, INCLUDINO THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN I HE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (1)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR WIDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall Strldtiy and in a timely mannel perform all of Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use or the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event Of Default, or until render MAW ese5 Its right to collect;tents as provided Icr In the I Assignment of Rents tom executed by Grantor in connection with the Property,Grantor may (a)remain in possession and control of the Property, (b)use,operate or manage the Property,end lc)collect arty Rents from the Properly. The following provisions relate to the use of the Properly or Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 1P'e4AU; Page 3/8 09-17-1999 DEED OF TRUST Page 2 Loan No 9140622103 (Continued) to other limitations on the Property, THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs,replacements,and maintenance necessary to preserve Its value. Hazardous SUbetancea, The terms"hazardous waste,"'hazardous substance,""disposal,""release;and"threatened release,'as used in this Deed of Trust,shall have the same meanings as set forth In the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42 U.S.C.Section 9801,el seq.("CERCLA'),the SuperfUnd Amendments and Reauthodzaaon Act of 1986,Pub.L.No.99-499 ("SARA'),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,el seq.,the Resource Conservation and Recovery Act,42 U.S-C. Section 8901, et seq.,or otter applicable slate or Federal laws,rules,or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste"and'hazardous substance"shall also include,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a)During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any hazardous waste or substance by any person on, under,about or from the Property; (b)Granter has no knowledge o1,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender In writing, (i)any use,generation,manufacture,storage,treatment,disposal,release,or threatened release of any hazardous waste or substance on,under.about or from the Property by any prior owners or occupants of the Property or (U)any actual or threatened Ntigation or c181ms of any kind by any person relating to such matters;and (c)Except as previously disclosed to and acknowledged by Lender in wrtttng, (I)neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use.generate,manufacture. store,treat.dispose of.or release any hazardous waste or substance on,under,about or from the Property and (ii)any such activity shall be conducted In compliance with all applicable leveret,State,and local laws.regulations and ordinances,including without limitation those laws. regulations,and ordinances described above. Grantor authorizee Lender and IS agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropnate to netermine compliance M the Property wen this section of the Deed of Trust, Any inspections or tests made by Lander snap be for Lenders purposes only and shall not be construed to create any responsataity or liability on the Dail of Lender to Grantor or to any other parson. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a)relapses and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any Such laws,and (b)agrees to Indemnify and hold harmless Lender against any and all datms,losses,liabilities,damages,penalties,and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach Of this section of the Deed of Trust or as a consequence Of any use,generation,manufacture, storage,disposal,release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Deed of Trust,including the obligation to indemnify,shall survive the payment of the Indebtedness and the satisfaction and reconveyanee of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shalt not muse,conduct or permit any nuisance nor commit,permit,or suffer any stnpprng of or waste on or to the Property or any portion of the Property. Without Limiting the generality of the foregoing,Grantor will not remmove,or grant to arty other party the right to remove,any timber,minerals(Including oil and gas),soil,gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Reel Property at as reasonable Limes to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with alt laws,ordinances,eno reguiahons,now on hereafter iii effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americana With DiaabiNtlea Act. Grantor may contest In good faith any such taw, ordinance, or regulation and withhold compliance during any proceeding. including appropriate appeals,so long as Grantor has notated Lender in writing prior to doing so and so long es,In Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Properly. DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,declare immediately due and payable all sums secured by this Deed W Trust upon the sale or transfer,without the Lender's prior written consent,of all or any part of the Real Property,or any interest in the Real Property. A"sale or transfer'means tyre Conveyance Or Real Property or any right,title or interest therein;whether legal,oeneticiai or equitable;whether voluntary or involuntary;whether by outright sale,deed,installment sale contract,Land contract,contract for deed,leasehold interest with a term greater than three (3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest In or to any land trust holding title to the Real Property,or by any other method of conveyance of Real Property Interest. If any Grantor is a corporation,partnership or limited liability company,transfer also includes any change In ownership of more than twenty-eve percent(25%)of the voting stock,partnership interests or Sinned Ilabolty company interests, as the case may be,of Grantor. However,this option shall not be exercised by Lender if such exercise Is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. Payment. Grantor shall pay when due(and In all events prior to delinquency)all taxes,special taxes,assessments,charges(including water and sewer),fires and Impositions levied against or on account of the Properly,and shall pay when due all claims for work done on or for services rendered or material tumefied to the Property. Grantor shat maintain the Property free ol all liens having priority over or equal to the interest of Lender under this Deed of Trust,except for the tan of taxes and assessments not due and except as otherwise provided In this Deed of Trust. Right To Contest. Grantor may withhold payment of any tax,assessment,or claim In connection with a good faith dispute over the obligation to pay,so long as Lender's Interest In the Properly is not Jeopardized. If a ten arises or Is Need as a result of nonpayment,Grantor shall within fifteen (15)days after the lien arises or,tf a hen is filed,within fifteen(15)days after Grantor has notice of the filing,secure the discharge Di the tan,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys'tees or other Charges that could accrue as a result of a foreclosure or sale under the lien. In any contest.Grantor shall defend Itself and Lender and shat satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shat authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at east fifteen(15)days before any work Is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien,nateratmen's lien,or other lien could be asserted on account of the work,services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the octal of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance weh standard extended coverage endorsements on a replacement basis for the lull Insurable value covering all Improvements on the Real Properly In an amount sufficient to avoid application of any coinsurance cieuse,and with a standard mortgagee clause In favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage amounts as Lender may request with trustee and Lender being named as additional insureds in such liability insurance policies. Addtlorelly,Grantor seas maintain such other IneusanCe,Inducting but not limited to hazard,business Intrruption,and boiler insurance,as Lander may reasonably require. Policies shall be written In form,amounts,ooveragea and beats reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor,upon request of Lender,will delver to Lender from time to time the policies or certificates of Insurance In form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without et least ten(10)days'prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act,omission or default o1 Grantor or any other person Should the Reel Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Granter agrees to obtain and maintain Federal Flood Insurance ter the full unpaid principal balance of the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender.and to maintain such Insurance for the term of the loan. Application Of Proceeds. Grantor shalt promptly notify Lender of any loss or damage to the Property. Lender may make proof ol loss it Grantor 2 fails to do so within fifteen(1S)days of th 'warty. Whether or not Lender's security is impairer rider may,at its election,receive and retain the proceeds of any insurance and apply_ proceeds to the reduction of the Indebtedness,pi hl of any ten affecting the Properly,or the restoration and repair of the Property. If Lender elects to apply the orOgeeds to reslorabon and repel Grantor shall repair or repine the damaged nr rleStrOvpd Imnrevements In a manner canstarInry In I ande• onrler shall nnnn aatisfadnry nrnM of ce rah erriandltnre,rev M r►rmh■ree Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 10•58AM; Page 4/B . ; /' 09-17-1999 • . Dk D OF CRUST Page 3 Loan No 9140522103 Cotllin d) Grantor from the proceeds for the reasonable cost of repair a restoration it Grantor Is not In default untie,this Deed of Trust. Any proceeds which have net been disbursed within 160 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shell be applied to the principal balance of the Indebtedness, II Lender holds any proceeds attar payment In full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's Interests may appear Unexpired Insurance a1 Sale. Any unexpired insurance shall inure to the benefit of,and pass lo,the purchaser of the Property covered by this Deed of Trust at any trustee's Sale or other sale held under the provisions of this Deed of Trust,or at any foreclosure sale of such Property. Grantor's Repoli on Insurance. Upon request of Lender,however not more than once a year,Grantor shell furnish to Lender a report on each ewstinq policy of insurance showing: (a)the name of the Insurer; (b)the risks insured; (C)the amount of the policy: (d)the property Insured,the than current replacement value Of such property,and the manner of determining that value,and (a)the expiration date of the policy. Grantor shall.upon request of Lender,have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property TAX AND INSURANCE RESERVES. Subject to any limitations set by applicable law,Lender may require Grantor to maintain with Lender reserves for payment of annual taxes,assessments.and insurance premium;,which reserves shall be created by advance payment or monthly payments of a sum estimated by Lender to be sufficient to produce amounts at least equal to the taxes,assessments,and Insurance premiums to be paid. The reserve funds shall be held by Lender as a general deposit from Grantor,which Lander may satisfy by payment of the taxes,assessments,and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such Items,and Lender shell not be required to determine the validity or accuracy of any item before paying It. Nothing In the Deed of Trust shall be construed as requiring Lender to advance other modes for such purposes.and lender shall not incur any habtilty for anything it may do or omit to do with respect to 'the reserve account. Subject to any limitations eel by applicable raw,If the reserve funds disclose a shortage or deficiency,Grantor shell pay such shortage or deficiency as required by Lender. All amounts in the reserve account are hereby pledged to Further secure the Indebtedness,ano Lender Is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the Oecurranee of an Event of Default. Lender shed not be required to pay any Interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing Lender does not hold the reserve funds in trust for Grantor,and Lender Is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed of Trust,or If any action or proceeding is commenced that would materially affect Lender's interests in the Property,Lender on Grantor's behalf may,but shall not be required to,take any action that Lender deems appropriate. Any amount that Lender expends In so doing wilt bear interest at the rate provided for in the Note from the dale Incurred or paid by Lender to the dale of repayment by Grantor. All such expenses,at Lender's option,will (a)be payable on demand, (b)be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (i)the term of any applicable insurance policy or (ii)the remaining term of the Note,or (C)be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it Merriam would have had. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all hens and encumbrances other than those set forth in the Real Properly description or in any title insurance policy,title report,or final title opinion issued in favor of,and accepted by,Lender in connection with this Deed of Trust,and (b)Grantor has the full right,power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subtacl to the exception in the paragraph abcve,Grantor warrants and'well forever defend the Idle to the Property against the lawful calms of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the Interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding.but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lander's own chorce,and Grantor will delver,or cause lo be delivered,to Lender such instruments as Lender may request from time to time to permit such partiepaten. Con lance With laws. Grantor warrants that the Property and Grantor's use or the Properly complies with all existing applicable laws, ordinances,and regulations of governmental authorities,including without limitation all applicable environmental laws,ordinances,and regulations, unless otherwise specifically excepted in the environmental agreement executed by Grantor and Lender relating to the Property. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed Of Trust. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award that mean the award attar payment of ail reasonable costs,expenses, end attorneys'fees incurred by Trustee or Lender In connection with the condemnation. Proceedings. if any proceeding m condemnation ia fled,Grantor shad promptly notify Lender In writing,and Grantor stall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of es own choice.and Grantor will deliver or cause to he delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust: Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents In addition to Ihis Deed of Trust and take whatever other action Is requested by Lender lo perfect and continua Lender's lien on the Real Property. Grantor shall reimburse Lender fix all taxes,as described below,together with all expenses incurred in recording,perfecting or continuing this Deed of Trust,including without limitation all taxes,fees,documentary samps,and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (a)a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Deed of Trust; (B)a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust: (c)a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;and (d)a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor Subsequent Taxes. If any tax to which this section applies is ena.:wd subsequent to the date of this Deed of bust,this event shall nave the same effect as an Event of Default(as defined below),and Lender may exercise any or at of its available remedies for an Event of Default as provided below unless Grantor either (a)pays the tax before II becomes delinquent,or (b)contests the tax as provided above in the Taxes and bens section and deposits with Lender cash pr a sufficient corporate surety band or other security satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions reefing to this Deed of Trust as a security agreement are a part of this Deed of Trust. Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes ttxtures.or other personal property,and Lender sheit have all of the rights of a secured party under ire Unarm Commercial Code as amended from time to Ilme. twenty Interest. Upon request by Lender,Grantor shall execute financing statements and take whatever other tidbit is requested by Lender to perfect and continue Lender's security interest In the Rents and Personal Properly. In addition to recording this Deed of Trust In the real property records,Lender may,at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Grantor shad assemble me Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)clays afar receipt of written demand from Lender. Addressee. The mailing addresses of Grantor(debtor)and Lender(secured party),from which information COncernIrg the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code),are as stated on the first page of Ibis Deed M Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following prove ons relating to further assurances and attorney-in-fact are a part of this Deed of Trust. Further Aeourancea. At any time,and from time to time,upon request of Lender,Grantor wit make,execute and deriver,or will cause to be made, executed or delivered, to Lander or to Lender's designee, and when requested by Lender,cause to be filed, recorded, refired, or rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages, deeds of trust,security deeds,security agreements,financing statements,continuation statements,instruments of further assurance,certificates, and other documents as may,in the sole opine)n of Lender,be necessary or desirable In order to effectuate,complete,parted,continue,or preserve (a)the obligations of Grantor under the Note,this Deed of Trust,and the Related Documents,and (h)the(tens and security interests 3 created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender In writing,Grantor stars reimburse Lender for all costs and expenses incurred in connection with the matters referred to In this paragraph. Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 10•A7AM; Page 5 b 09-17-1999 DEED OF TRUST Page 4 Loan No 9140522103 (Continued) Attorney-In-Fact. If Grantor falls to do any of the things referred to In the preceding paragraph,Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes,Grantor hereby Irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making,executing, detrvwing,filing, recording,and doing all other Things as may be necessary or desirable, in Lenders sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,and otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust,Lender shall execute and deliver to Trustee a request for full roconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on ale evidencing Lender's security interest in the Rents end tie Personal Property. Any reconveyance tee required by law shall be paid by Grantor,if permitted by applicable law. DEFAULT. Each of the following,at the option of Lender,shall constitute an event of default('Event of Default")under this Deed of Trust: Default on Indebtedness. Failure Of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time requited by this Deed of Trust to make any payment for taxes or Insurance.or any other payment necessary to prevent Bing of or to effect discharge of any hen. Environmental Default. Failure of any party to comply with or perform when due any term,obligation,covenant or condition contained in any environmental agreement executed in connection with the Property. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan,extension Of credit,security agreement,purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrowers property or Borrower's or any Grantors ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Related Documents. Compliance Default. Failure of Grantor to oomply with any other term,obligation,covenant or condition contained In thle Deed of Trust,the Note or In any of the Related Documents. False Statements. Any warranty,representation or statement made or furnished to Lender by or on behaf of Grantor under this Deed of Trust, the Note or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished. Defective Collateragxetlon. This Deed Of Trust Or any of the Related Documents ceases to be In full force and effect(Including failure of any collateral documents to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution(regardless of weather election to continue Is made),any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor_ Foreclosure,Forfeiture,etc. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help.repossession or any other method,by any creditor of Grantor or by any governmental agency against any of the Property. However,this subsection shall not apply In the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding,provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein,Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whetter existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes Incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Adverse Change. A materiel adverse change occurs In Grantor's financial condition,or Lender believes the prospect 01 payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith deems itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Lvent of Default and at any time thereafter,Trustee or lender,at its option.may exercise any one or more of the following rights and remedtee,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender Snail have the right at Its option without notlee to Grantor to declare the entire Indebtedness immediately due and payable,including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shalt have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure,in either case in accordance with and to the tug extent provided by applicable law. If this Deed of Trust Is foreclosed by Judicial foreclosure,Lender will be entitled to a judgment which will provide that If the foreclosure sale proceeds are insufficient to satisfy the judgment,execution may issue for the amount of the unpaid balance Of the judgment. UCC Remedies. With respect to all or any part of the Personal Property,Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents, Lender shag have the right,without notice to Grantor,to take possession of and manage the Property and collect the Rents, Including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the Indebtedness_ in furtherance of this right,Lender may require any tenant or other user of the Properly to make payments of rent or use tees directly to Lender. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or net any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either In person,by agent,or through a receiver. Appoint Receiver. Lender shalt have the right to have a receiver appointed to take possession of all or any part of the Property with the power to protect and preserve the Property,to operate the Property preceding foreclosure Or sale,and to collect the Rants from the Property and apply the proceeds,over and above the coat of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall mist whether or not the apparent value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lander shall not disquekiy a person from serving as a receiver. Tenancy at Sufferance, If Grantor remains In possession of the Property after the Property is Sold as provided above or Lender Otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shah become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (a)pay a reasonable rental for the use of the Property,or (b)vacate the Property Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shag have any other right or remedy provided in this Dead of Trust or the Note or by law. Notice Of Sale. lender shall give Grantor reasonable notice of the time and piece of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least len(t0)days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Reel Property. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and ar rights to have the Property marshalled. In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales- Lender shall be entitled to bid at any public sale on all or any portion of the Property. Waiver:Election of Remedies. A waiver by any party of a breech of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lander to pursue any remedy provided in this Deed of Trust,the Note,in any Related Document,or provided by law seal!not exclude pursuit of any other remedy,end an election to make expenditures Or t0 take action to perform an obligation of Grantor under this Deed Ot Trust after failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any Of the terms of this Deed of Trust,Lender shell be entitled to recover Such sum as the court may adjudge reasonable as attorneys'fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses inured by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shell become a part of the Indebtedness payable on demand and shell bear interest at the Note rate from the date 01 Liexpenditure until repaid. Expenses covered by this paragraph Include,without lim nation,however subject f0 any limis under appy able law, Lender's attorneys'tees whether or not V.--'.is a lawsuit.including attorneys'taes for oankrup' proceedings including efforts to modify or vacate any automatic slay or Injunction), es end any anticipated post-judgment collection. is,the cost of searching records,obtaining title reports(including foreclosure reports);.surveyors'reports,appraisal fees,trite insurance,and,.,.,.s for the Trustee,to the extent permitted by applicable law Grantor also will pay any court costs.In eddelon ip en Meer sums provided by law. Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 10 -OAM; Page 6;8 09-17-1999 DEED OF TRUST Page 5 Loan No 9140622103 (Continued) Rights of Trustee. Trustee shall have all of the nghts and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law.Trustee strati have the power to take Me foilowing aclions with respect to the Property upon the written request of Lender and Grantor: (a)pin In preparing and Ring a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)Join in granting any easement or creating any restriction on the Rest Property; and (c)loin in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obllgatiorse to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien,or of any action or proceeding in which Grantor,Lender,or Trustee stall be a party,unless the action or proceeding Is brought by Trustee. Trustee. Trustee shall meet at qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above. with respect to all or any part of the Properly,the Trustee shell have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by Judicial foreclosure,In either case In accordance with and to the full extent provided by applicable taw. Successor Trustee. Lender,at Lenders option,may train time to time appoint a suCCOSSor Trustee lo any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of Washington County.Oregon. The Instrument shall contain,In addition to all other matters required by state law,the names of the original Lender,Trustee,and Grantor,the book and page where this Deed of Trust Is recorded,and the tanw and address of the successor trustee,and the Instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee,without conveyance or the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for aubstItutlon. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under tilts Deed of Trust shalt De In Meng, may be sent by telet csimile(unless otherwise required by law),and shall be effective when actualy delivered,or when deposited with a nationally recognized overnight courier,or,H mailed,shall be deemed effective when deposited in the United Stales mail first class,certified or registered mail,postage prepaid,directed to the addresses shown near the begmrsng of this Deed of Trust. Any party may charge its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. An copies of notloes of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. For notice purposes,Grantor agrees to keep Lender and Trustee informed at all ties of Grantor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments, This Deed of Trust,together with arty Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust Vial!be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property a used for purposes other than Grantor's residence,Grantor shall furnish to Lender.upon request,a certified statement of net operating income received from the Property during Grantor's previous fiscal year In such form and detail as Lender snail require. Net operating income shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Properly Arbitration. Lender and Grantor agree that ell disputes,claims and controversies between them,whether Individual,joint,or class in nature,arising from this Deed of Trust or otherwise,Including without limitation contract and tort disputes,shall be arbitrated pursuant to the Rules of the American Arbitration Association,upon request of either party. No act to take or dispose Of any Collateral shall constrtute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes.without limitation,obtaining Injunctive relief or a temporary restraining order;foreclosing per notice and sale under any deed of trust or mortgage;obtaining a will of attachment or imposition of a receiver;or exercising any rights relating to personal property,including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes,claims,or controversies concerning the lewftaness or reasonableness of any act,or exercise of any right,Concerning any Collateral,including any claim to rescind,reform,or otherwise modify any agreement relating to the Collateral,shall also be arbitrated,provided however that no arbitrator shat have the right or the power to enjoin or restrain any act of any party_ Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing In this Deed of Trust shall preclude any parry from seeking equitable relief from a court of competent jurisdlctlon. The statute of limitations,estoppel,waiver,atones,and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement Of an action for these purposes. The Federal Arbitration Act Shall apply to the construction,interpretation,end enforcement 01 this arbitration provision. Applicable Law. Thla Deed of Trust has been delivered to Lender and accepted by Lender In the State of Oregon. Tills Deed or trust shall be governed by end construed In accordance with the Iowa Of the State or Oregon. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of the Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lender In any capacity,without the written consent of Lender. Severability. If a court of competent Jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or circumstance,such finding shah not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible,any such offending provision shall be deemed to be modified to be within the limits of enforceabllty or validity;however,H the offending provision cannot be so modified,it stall be stncken and all other provisions of tits Deed of Trust In all other respects shall remain valid and entorceabte successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Grantor's Interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,!heir successors and assigns. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or aablley under the indebtedness. Tlme Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Rotated Documents) unless such waiver is in writing and signed by Lander. No delay or omission on the pert of Lender In exercising any right snap operate as a waiver of such right or any otter right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver o1 or preludice me partys right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by tender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lender's rights or any of Grantor's obligations ell to any future transactions. Whenever consent by Lender is required in this Deed of'Trust, the granting of such consent by Lender in any instance shall not constitute Continuing ConSem to subsequent Instances where such consent Is required. COMMERCIAL DEED OF TRUST. Grantor wage with Lender that this Deed of Trust is a Commercial deed of trust and that Grantor Wih not change the use of the Property without Lender's prior wneen consent. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: MAGNOA L 1.C. ii By' -d :4,Q , : Thelma Megno,Manage S Sent By: BANK OF THE NW; 503 417 8888; Feb-21-02 10•'OAM; Page 7/8 • 09-17-1999 DEED OF TRUST Page 6 Loan No 9140522103 (Continued) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF C'Al' OfFICIAL SEAL A..r KARLEEk LECKINGTON 1 h '>\: NO COMMISSION PUBLIC-OREC3oN COUNTY OF ) }h My COfAMISSION EiTtl ES OCT 2d.200t 6 On this 71 day of t rn ,19 ,before me,the undersigned Notary Public,personally appeared Thelma Magno, Manager of MAGINO,L12.,• known to me to be a or designated agent of the limited liability company that eocecuted the Deed of Trust and ackn• :•• • the Deed of Trust to be the free and voluntary act and deed of the limited liability company,by authority of statute,Its articles of organization • its op: ling a. :: ant,fos ,uses and purposes therein mentioned,and on oath stated that he or she is authorized to execute this Deed of T an In t ,,+//•• v Trust on behalf of the lmited liability company.�/}� ��,y I /1,0 / i lend ask Residing at i 4helrf�fl Notary• ' ie In and for the State of I (9tit) My commission expires r(1�4 REQUEST FOR FULL RECONVEYANCE (To be used only when obligation have been paid in full) To: .Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satistted. You are hereby directed,upon payment to you of any sums owing to you under the terms of This Deed of Trust or pursuant to any applicable statute,to cancel the Note secured by thIs Deed of Trust(which Is delivered to you together with this Deed of Trust),and to reconvey. without warranty,to the parties designated by the terms of this Deed of Trust,the estate now held by you under this Deed of Trust. Please mall the reconveyance and Fielated Documents to: Dale:_.- Y: --- — By: Its: LASER PRO•esa-U.S.PM.i T.M.On.,Sr.s.eab S)1WY CFI ProGrvloss.Inc.All MOM rssawa lo14.001 MAaNO.LN n1.OVLt • • • Sent By: BANK OF THE NW; 503 417 8888; Feb-21 -^^ 11 :00AM; Page 8/8 Order No. 10-15928-28 EXHIBIT "ONE" A tract of land in Section 2, Township:2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County,Oregon, more particularly described as follows: Beginning at the intersection of the Northwesterly line of the William Graham Donation Land Claim No. 39 with the Northeasterly boundary of the Southern Pacific Railroad right of way; thence North 42°29' West along the Northeasterly line of said right of way and along the Southwesterly line of Morin's Addition to Tigard (now vacated), a distance of 556.84 feet to the most Westerly corner of Lot 17, Morin's Addition (now vacated); thence North 44°48' East along the Northwesterly line of said Lot 17, a distance of 130 feet, more or less, to a point on the Southwesterly line of Commercial Street; thence Southeasterly tracing the boundary of said street, 530 feet, more or less, to an intersection with the Northwesterly boundary of State Highway No, 217;thence Westerly and Southerly tracing the boundary of said highway to an intersection with the Northwesterly line of the William Graham Donation Land Claim; thence South 42°5' West along said Donation Land Claim line to the point of beginning. Excepting therefrom that portion conveyed to the State of Oregon, by and through its Department of Transportation, by instrument recorded June 24, 1995,as Fee No. 95044629. • • • 1 2 • _....._........._..................,.... .,m,n.mow �«,.. .xua w � PACIFIC CIVIL 280 W.Berkeley Street Gladstone,Oregon 97027 t DESIGN (503)793-3688•(503)296-2733 FAX www.nacificeivildesien.com January 2, 2003 RECEIVED 'l 2003 Morgan Tracey,AICP Associate Planner CI I y ur I IGARD City of Tigard PLANNING/ENGINEERING 13125 SW Hall Blvd. Tigard, OR 97223 RE: Magno-Humphries, Inc.—Additional Storage Space SDR2002-00013 Dear Mr. Tracey: I would like to thank you for your time last Thursday regarding the improvement project at the Magno- Humphries, Inc. plant. I would also like to thank you for the sample Impact Study and narrative format Application Summary. As we discussed, the Impact Study is based on general information and does not require an expert to author the report. The report will contain site specific items that will address impacts to the property, neighbors, and City. The planning department requires a site plan illustrating existing and new site improvements including landscaping. As stated in our meeting the existing landscaping will be general in its presentation. In addition to the site plan, architectural elevations will be required for all four sides of the plant. Lastly, a general construction cost estimate will be required. According to your records and the copy of the check received by the City, there are no additional fees required for the land use portion of work on this project. However, there will be building permit fees and TIF fees per the City's review and calculations of the Type II Application and construction plans. I would to thank you again for your time and I look forward to working with you on the completion of this project. If you have any questions please feel free to contact me. Sincerely , Erik . Es.arza, P: Principal Cc. File 03-0002 Thelma Magno Bruce Dreschner CWCDIRo,0sVQ3-0P02-MagoPla,M162JURISDICTIONAL COORDINATIOMAA Co orri ationsILL I'LP-Morgan Tracey 1-2-03 doc Corporate Office 2101 WESTERN DRIVE RICHMOND,CA 94801 EA (510)439-1400 Fax:(510)439-1409 I NTERNATIONAL Southern California 9582 GEYSER AVE. SUITE-A NORTHRIDGE,CA 91324 Otegm 8800 COMMERCIAL STREET TIGARD,OR 97223 (503)624-9580 Fax:(503)639-3161 Job No.:02-082 Washington August 13,2002 8070 EAST MILL PLAN BLVD. PMB#528 Mr. Brad Kilby VANCOUVER,WA 98664-2022 City of Tigard 13125 SW Hall Blvd Tigard,Oregon,97223 New Orleans,Louisiana Jackson,Mississippi SUBJECT: Magno-Humpbries Laboratory Addition Contract No.: 02-082 General Construction Transmittal of Site Development Review Type II Application Engineering-Construction Dear Mr. Brad Kilby Environmental Services With this letter and attached package defined in the Cities requirements for Type II application we wish to proceed with the application process leading to securing of a building permit. The infrastructure Development planned addition will add one level(story)to building no.1 at the Magno-Humphries Plant. If you have any question please give me a call at 510 439 1400. We can attend a planning meeting in the month of September. Construction Management Sincerely, EAI International Engineering,Design-Build Robert Esparza Dredging&Marine Construction General Manager Federal Programs Attachments Binder/Type 11 Application CC: Ms. Thelma Magno 8(a)CONTRACTOR CA#725429,A,B,HAZ,ASB OR#118123 www.eai-intl.com General Engineering Construction 5199 Fulton Drive,Suite A Environmental Services Suisun,California 94585 E A I - Engineering (707)863-3800 TEL Construction Management (707)863-3809 FAX Dredging and Marine Construction CA: 725429 OR: 118123 FAX/LETTER OF TRANSMITTAL TO: Thelma Magno DATE: August 13,2002 FAX: Plant,Tigard RE: Building No.1 Addition JOB NO.: 01-084 CC: PLEASE FIND ENCLOSED THE FOLLOWING DOCUMENTS: ( X ] FOR APPROVAL [ ] APPROVED AS NOTED [X ] FOR YOUR USE ( j PER YOUR REQUEST [ j FOR PRICE [ J PER YOUR COMMENTS [ J NOT APPROVED,PLEASE RESUBMIT [ ] OTHER: REMARKS: Attached are: 1. Site Plan 24"X 36" 2. Site Plan 8.5x11 .8.5X17 3. Letter of Transmittal Dated August 13,2002\ HARD COPY TO FOLLOW: no TOTAL PAGES: 4 (INCLUDING COVER PAGE) FR: Robert Esparza EAI International The information contained in this transmittal is CONFIDENTIAL and may be protected by solicitor-client privilege. It is intended only for the use of the person(s)to whom it is directed Any duplication,distribution,or other use is prohibited If you have received this FAX in error,please notify us immediately by telephone. Your cooperation is appreciated EAI International CleanWater Services Our cntnniitnicnt IN dIc■ir. July 1, 2002 Robert Esparza 8800 SW Comercial Tigard, OR 97223 Re: Second floor addition to commercial building located at 8800 SW Comercial Street, Tigard, OR CWS file 1800 (Tax map 2S102AD, Tax lot 01203) Clean Water Services (District) has reviewed your proposal for the above referenced site. District staff found that because the project does not involve the addition of new impervious surface to the site, it does not meet the definition of development (Resolution and Order 00-7 Section 1.02.15). This project is therefore exempt from the Service Provider Letter requirement (Resolution and Order 00-7 Section 3.02.1). All other required permits and approvals must be obtained and completed under applicable local, state, and federal law. If you have any questions, please feel free to call me at 503-846-3553. Sincerely, Chuck Buckallew Environmental Plan Review Post-it'Fax Note 7671 Date /-0 Too`eer C 4fzc From ,�/IAVC/S Co./Dept. Co. p 5 Phone# Phone#553 _ 6,3553 Fax#So3_ 6‘n._ 3/6/ Fax# E:\Development Svcs\SP 00-7\Concurrence Letters\2S102AD01203 -no new impervious.doc 155 N First Avenue, Suite 270• Hillsboro, Oregon 97124 Phone: (503)846-8621 • Fax: (503) 846-3525•www.cleanwaterservices.org EAI International Memo To: Ms. Thelma Magno Pres. MHL From: Robert Esparza EAI CC: 01-82 Project file Date: 07/11/02 Re: Minutes of Public Meeting As required by the City of Tigard public notification was provided to the contiguous neighbors to our project site at 8800 SW Commercial. The public meeting was held on the evening of July 10, 2002 at 6:00 PM. There were no public attendees to the meeting. MHL had ready to discuss a site plan, building elevations, and roof plans for the planned addition to building no.1. In addition to the graphic information MHL had ready a Power Point Presentation explaining the project scope and impact to the community. We will keep a record of the presentation documentation available for public comment and city review. • Page 1 PUBLIC MEETING SIGNIN July 10,2002 6:00PM Magno-Humphries Labs, INc. Name Address Phone Number email address 1. k<1C.-kc -? II1,O5 503 4V —S41(o ..Oc:1- 2. i‘ALA-4----- 11 4. 5. 6. 7. 8. 9. 10. 11. 12. AGENDA MEETING HELD IN CONFERENCE ROOM July 10, 2002 6:00 PM Magno-Hphries Labs, INc. INFORMATIONAL MEETING ON PRELIMINARY PLANS ADDITON TO BUILDING NO. 1 • INTRODUCTIONS • OVERVIEW OF COMPANY • DESCRIBUTION OF ADDITON TO PLANT • IMPACT TO STORM WATER SYSTEM • IMPACT ON TRAFFIC AND PARKING • OPPERTUNITY TO COMMENT ON PLANNED ADDITION • QUESTIONS PUBLIC MEETING SIGNIN July 10, 2002 6:00PM Magno-Humphries Labs, INc. Name Address Phone Number email address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I11AG!' A1 HUI11PHRIES - Laboratories, Incorporated • 8800 SW Commercial Street •Tigard,OR 97223 P.O. Box 230626 •Tigard,OR 97281 Phone(503) 684-5464 • Fax(503) 639-3161 June 18, 2002 RE: Magno-Humphries Labs, Inc. Dear Interested Party: I Thelma Magno am the owner of the property located at 8800 SW Commercial Street, Tigard, Oregon 97223. I am considering proposing a 2nd floor addition at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Date: Wednesday, July 10, 2002 Location: Magno-Humphries Labs, Inc. Address: 8800 SW Commercial Street (Building # 1 Office) Tigard, OR 97223 Time: 6:00 pm Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 684-5464 ext. 156 if you have any questions. Sincerely, Kirsten Phillips, Executive Assistant Pharmaceuticals and OPTIMUM® Dietary Supplements www.magno-humphries.com AFFIDAVIT OF MAILING • STATE OF OREGON ) )ss. City of Tigard ) I ► 1\4.l m ct y`tl c n o , being duly sworn, depose and say that on I I ss th , 1Vskal caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) p °'is-1213 SW Commc� etfl-► SAC - 4 7 ,oflad 2 a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at ► qd\c>k o-e 5o n with postage prepaid thereon. Signature (In the pre nce of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the o2...(2-clay o7 . OFF om_SEAL /� / �� P RYLLIS K ULLMAN CA �&u/ NOTARY PUBLIC-OREGON COMMISSION NO,320391 NOTARY PUBLIC OF OREGON MY COMMISSION EXPIRES FEB 7,2003 My Commission Expires: �, -,2 aa3 (Applicant,please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: TYPE OF PROPOSED DEVELOPMENT: Name of Applicant/Owner: Address or General Location of Subject Property: [Subject Property flax Map(s)and Lot#(s): —f h:YoginVattY aalerslaffmaq.mst 2S102U-03801 2S10 -03900 ANDREWS JAMES DAROLD DAVIDS IAM G AND DIXIE L Go ASHER TRADITIONAL HOME INC 8915 MERCIAL 15795 SW SERENA CT TIG D,OR 9 23 TIGARD, OR 97224 2S 102AD-01100 2S 102AD-01200 BIRKEMEIER FAMILY TRUST DIBB THERESA ROCHA Go PORTLAND AERIE NO.4 8848 SW COMMERCIAL ST FRATERNAL ORDER OF EAGLES TIGARD,OR 97223 11960 SW FAIRFIELD ST BEAVERTON,OR 97005 2S 102AD-00900 25102AD-00700 BOOKOUT JOHN R&FANNY P EHRENFELT TRACEY S& 10459 NW LOST PARK DR LUTZ DOUGLAS L PORTLAND,OR 97229 12665 SW HALL BLVD TIGARD,OR 97223 2S 102AA-04700 2S 102AD-00300 BROWN DEAN A HARRIS MCMONAGLE ASSOC INC PO BOX 583 12555 SW HALL BLVD CARLTON, OR 97111 TIGARD,OR 97223 2S 102AA-04201 25102AD-01400 BUTTERFIELD CHARLES W JR& HENDERSON JACK R&MARY S MICHELLE S 9075 SW BURNHAM ST 825 SW VIEWCREST DR TIGARD,OR 97223 DUNDEE, OR 97115 2S102AD-01800 2S10100-00500 CARL H JOHNSON FAMILY L P II JEMPAK PARTNERS LLC BY JOHNSON CARL H 7034 SW 83RD AVE 8965 SW BURNHAM PORTLAND,OR 97223 TIGARD,OR 97223 2S102AA-03802 2S102AD-03100 CASEY JAMES MICHAEL JJ&R PROPERTIES LLC 6822 GARDEN HOME RD RALPH GOLDFARB PORTLAND,OR 97223 14560 SW PEACHTREE DR TIGARD,OR 97224 2510100-00600 2S102AA-03903 COLUMBIA HARDWOOD MOULDING KAUFMANN RANDALL AND PO BOX 23365 KAUFMANN LANCE TIGARD,OR 97223 14425 SW MCFARLAND TIGARD,OR 97224 2S 102AA-03901 2S 101 B C-02401 CONNOR PENNY L KING JAMES F 7217 SW PINE ST 12650 SW HALL BOULEVARD PORTLAND,OR 97223 TIGARD,OR 97223 2S102AA-03902 2S102DA-00100 DAVIDSON WILLIAM G&DIXIE L MAGNO LLC 8915 SW COMMERCIAL ST 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 2S103\D-01203 2S 102AA-04801 MAGNO LLC SOUTHERN PACIFIC TRANSPORTATION BY MAGNO-HUMPHRIES INC BY UNION PACIFIC RAILROAD CO PO BOX 230626 1700 FARNAM ST 10TH FLOOR SOUTH TIGARD,OR 97281 OMAHA, NE 68102 2S 102AA-03800 2S 102AD-01501 PADDACK RYCHEN M/A LUELLA SPOHN NANCY D 11025 SW SUMMER LAKE DR 9053 SW BURNHAM ST TIGARD,OR 97223 TIGARD,OR 97223 2S 102AD-01601 2S 102AB-05301 PARAGON INVESTMENTS LLC STEVENS PAGE 9037 SW BURNHAM 9180 SW BURNHAM ST TIGARD,OR 97223 TIGARD,OR 97223 2S102AA-03000 2S102AD-00400 PIETILA ELVA E TRUSTEE THOMPSON J RONALD& 8730 SW SCOFFINS CECILIA I TRS TIGARD,OR 97223 8610 SW SCOFFINS#26 TIGARD,OR 97223 2S 102AD-00800 2S 102AD-00400 PRUNTY CRAIG E&CARRIE TH• 'SON '•NALD& 8575 SW SORRENTO CECILIA ■ 41'S BEAVERTON, OR 97005 8610 ', SC• NS#26 TI •RD,OR 97223 2S10 -006 2S102AD-00401 PRUN IG E&CARRIE A THOMPSON J RONALD&CECILIA 8575 S SO ENTO RD 8610 SW SCOFFINS#26 BEA RTON,OR 97008 TIGARD,OR 97223 2S 102AD-01600 2S 102AA-03701 SCOTT JERRY D&NATALIE C TIGARD MANOR HOLDINGS LLC 10060 SW PICKS CT BY ALLIANCE PROPERTIES TIGARD,OR 97224 4280 SW 109TH AVE BEAVERTON,OR 97007 2S 102AD-00203 2S 102AD-02000 SNYDER GAIL V TIGARD WATER DISTRICT 14460 SW 141ST PO BOX 23000 TIGARD,OR 97224 TIGARD,OR 97223 2'•02AD-002 1 2S 102AA-04800 SN : R :AIL V TRI-COUNTY METROPOLITAN 14460 ' 141ST TRANSPORTATION DISTRICT OF OREGON TIG•• •,OR 97224 4012 SE 17TH AVE PORTLAND,OR 97202 2S 102AD-00201 2S 102AA-02800 SN •ER e•IL V TUALATIN VALLEY CENTERS 14460 ' . 141ST 14600 NW CORNELL RD TIGAR• , •- 97224 PORTLAND,OR 97229 2S 102AD-01900 TUALATIN VALLEY FIRE&RESCUE 20665 BLANTON ST ALOHA,OR 97007 2S102AD-00100 WAGGIN'TAIL PROPERTIES LLC BY SUPERIOR SIGNS 12529 SW HALL BLVD TIGARD,OR 97223 2S 102AD-03200 WALTON S D&DARLENE E 10955 SW BLACK DIAMOND TIGARD,OR 97223 2S 102AD-01300 WYATT GENE D 9095 SW BURNHAM TIGARD,OR 97223 2S 102AD-01700 ZUBER JOHN H 9025 SW BURNHAM TIGARD,OR 97223 Jack Biethan Jack Biethan 11023 SW Summerfield Drive, #4 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Tigard, OR 97224 Sue Rorman Sue Rorman 11250 SW 82nd Avenue 11250 SW 82nd Avenue Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Naomi Gallucci 11285 SW 78th Avenue 11285 SW 78th Avenue Tigard, OR 97223 Tigard, OR 97223 Michael Trigoboff Michael Trigoboff 7072 SW Barbara Lane 7072 SW Barbara Lane Tigard, OR 97223 Tigard, OR 97223 Dieter Jacobs Dieter Jacobs 7775 SW Spruce Street 7775 SW Spruce Street Tigard, OR 97223 Tigard, OR 97223 Alexander Craghead Alexander Craghead 12205 SW Hall Boulevard 12205 SW Hall Boulevard Tigard, OR 97223-6210 Tigard, OR 97223-6210 David Chapman David Chapman 9840 SW Landau Place 9840 SW Landau Place Tigard, OR 97223 Tigard, OR 97223 Nathan and Ann Murdock Nathan and Ann Murdock PO Box 231265 PO Box 231265 Tigard, OR 97281 Tigard, OR 97281 Brad Spring Brad Spring 7555 SW Spruce Street 7555 SW Spruce Street Tigard, OR 97223 Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:Icurpin\setup\labels\CIT East.doc) UPDATED: April 18, 2002 Nz �Q�A CITY of TIGARD Itillir �� ^�/(� MI OE OO RAP HIC INFORMATION SYSTEM ♦ -�_ AREA NOTIFIED soG� kNo<` (500') ti� �o r� l'• \ 1�. witiaiji FOR:Collin Smith bid/lit " 1 ; r RE:8800 SW Commercial Street v�:Y"1 �: ! , > \ egi# nom; 2� '°�� � � , �N �ds 410/11Pi:t1" l ^- , , � �' .Y�� 'Q^ ' j� *if., a 9y i ,i? 3 �'�� "` fk�'3 ST Property owner information' , is valid for 3 months from '91'S 'r6 IN 15 F�,1�,. � 5., a `w ,, #y : , v� the date printed on this map. 1 4411kro. .rr � r ltNtADOYM � ��� g: ���, 1. , },(s �'d N y \\•,:.,,\:\NN\ , '— �h b Alk .�" �i � � '$"'� � 01110 E `'� r'% p � (�C) �� w, 3 I 'ors = � f � , „ -� r11QYa�it '"-R 1 ;K r tl' dr. A N TIGARD 9 ,� 200 3� <� 500 F�t �" •Syk�' �. p k 1'=348 feet � ' CITY HALL " City of Tigard (M• ICIPAL CO 'T) , �:. Information on this map is for general bcatwn oNy and �1._; should be verified with the Development Services Divislon. :S 4�"� , 13125 SW - Blvd ;;+{,, Tigard'OR 97223 (503)839.1171 hl�:l(503)6itigaM.OF.us Community Developrtwrtt s Plot date:Jun 3,2002;C:lrnagic\MAGIC03.APR CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT ,, ,� •li! PLANNING DIVISION CITY OF TIGARD Community Development 13125 SW HALL BOULEVARD sfiapingj4(Better Community TIGARD, OREGON 91223 PHONE: 503-639.4111 FAX: 503-684-1291(Attn: Patty or Shirley/Planning) REQUEST, f ORa s x001 ° R ' OWNER MAILING.LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 15134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): gS 6;-7 4/orr1 / c r ci 7 3 INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: 3 5e (NOTE: A minimum of 2 sets of labels will be provided 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 should request 3 sets) NAME OF CONTACT PERSON: 62/o' PHONE: S3) (0N-5 ` 6 4 X//6 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 your request, the contact person will be called to pick up their request 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, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* * * COST FOR THIS REQUEST * * 4 _ sheets of labels x $2/sheet = 100 x 2 sets = $16.00 sheet(s) of labels x $2/sheet = $ 1 x sets = 2 sheets of labels x $2/sheet for CIT area x 2 sets = $ 4.00 2 sheet(s) of labels x$2/sheet for CIT area = $lf x sets = :AA GENERATE LIST = $11.00 GENERATE LIST = $11.00 TOTAL = $31.00 TOTAL = $ / po6ct f/ rr&7V€ TYPE II NARRATIVE SITE DEVELOPMENT REVIEW(SDR)2002-00013 �y" MAGNO-HUMPHRIES, INC. 111,:1}1`. CITY OF TIGARD Community Development Shapingli Better(ommun ty SECTION I. APPLICATION SUMMARY FILE NAME: MAGNO-HUMPHRIES, INC. CASE NO.: Site Development Review SDR2002-00013 PROPOSAL: The applicant has requested a Site Development Review approval to construct a 19,720 square feet of additional office and manufacture space above the existing building plant structure. APPLICANT: Magno-Humphries OWNER: Thelma Magno 8800 SW Commercial St. 8800 SW Commercial St. Tigard, OR 97223 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District (CBD)/I-P Industrial (Reference City of Tigard Community Development Code Chapter 18.520 page 16) LOCATION: 8800 SW Commercial Street;Tax Map/Lot 2S102AD/01203 APPLICABLE REVIEW CRITERIA: Tigard Development Code Sections: 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. TYPE II NARRATIVE SDR2002-00013-MAGNO-HUMPRIES,INC. PAGE1OF4 SECTION II. DECISION TO BE FILL IN BY CITY TYPE II NARRATIVE SDR2002-00013-MAGNO-HUMPRIES,INC. PAGE2OF4 SECTION III. BACKROUND INFORMATION Site History: A search of the City records indicate previous land use applications have been applied for and granted for this property. Vicinity Information: The subject site is located at 8800 SW Commercial Street. The property has two existing buildings and parking area. The site is zoned in the Central Business District and abuts the Northern Pacific Rail Road line to the south-east, SW Commercial Street to the north-west, T. Scandia Motors, Inc. to the north side, and SW Hall Blvd.to the south. Site Information and Proposal Description: The property is located at 8800 SW Commercial Street in Washington County Ta x Map (WCTM) 2S102AD, tax lot 01203. The existing property has two existing buildings. Building No.1 is the main manufacturing plant and office headquarters. Building No.2 is the bottling and packaging structure and services as the distribution center for the company. The applicant is proposing to construct an addition above the existing main manufacturing facility (Building No.1). The applicant plans to relocate the existing office space in the new addition and provide additional warehouse space as needed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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:" Impact Study: Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of the 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 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 the public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the project 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 is required to provide an additional nine (9) parking spaces due to the new building addition. The site currently has 46 stalls. The total numbers of parking stalls required for this proposed project is 56. There is additional four (4) parking stall located at the north ramp area as illustrated in the site plan attached herein. The applicant is getting an agreement with the adjacent parcel for six (6) additional stalls. The City has estimates that the Washington County Traffic Fees (TIE) will be $19,061.28. This is based on the City calculation of the weekday avg. trip rate being 4.88,the total gross square footage(T.G.S.F.) being 18, and the rate per trip to be$217(industrial). GENERAL APPROVAL CRITERIA FOR SITE DEVELOPMENT REVIEW The Site development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Sections 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. The proposal's consistency with these Code Sections are reviewed in the following sections. TYPE II NARRATIVE SDR2002-00013-MAGNO-HUMPRIES,INC. PAGE3OF4 Site Development(18.360) Please reference statements above on required site development improvements impacted by the applicant. Decision Making Procedures/Impact Study(18.390) Attached is a detailed impact study of the applicant's proposed building improvements. Please refer to 18.810 for additional Public Facility Concerns as per City code. Commercial Zoning (18.520) The present zoning of the applicant's site is Central Business District (CBD). The applicant's proposal does not change the zoning and no additional zoning requirements/modifications are needed. The applicant's land use will be the same. Access/Egress/Circulation (18.705) As stated in the Pre-Application Conference Notes, the applicant will be required to provide nine (9) additional parking stalls in order to proceed with the building improvements. At present the applicant has a total of 46 parking stalls and there is a required 56 parking stalls for the proposed building improvements. There is an additional four(4) parking stalls in the north ramp area. At present the applicant is obtaining an agreement with the adjacent property owner to use six (6) parking stalls for additional parking requirements. Environmental Performance Standards(18.725) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. Landscaping&Screening Standards(18.745) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. Mixed Solid Waste/Recycling Storage(18.755) There will be no increase storage of solid waste or recyclable storage proposed in the new building improvements. Therefore, no provisions will be impacted from this proposal. Off-Street Parking/Loading Requirements(18.765) Previously discussed in section 18.360 and 18.705. All requirements will be per City code. Signs(18.780) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. Tree Removal(18.790) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. Visual Clearance Areas(18.795) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. Street&Utility Improvement Standards(18.810) The proposal contains no elements related to the provisions of this section and are, therefore, found to be inapplicable as approval standards. TYPE II NARRATIVE SDR2002-00013-MAGNO-HUMPRIES,INC PAGE4OF4 - C: \SDSK\PROJ\THELMA\Plant\TITIE SHEET-EXISTING LANDSCAPING.dwg Ti'p Feb 11 22: 29: 17 2003 7 1 I ;I�11� i 1 . ,0.................„!A i i 111111;1111 1 1 1 � //////AN• 1111ti 4I II a II a 1 I �q 1 ii ' I ' ! ' ' r,r- - i .._.- • i I , 11:),i 1111111111gl`g a r` a... 8 ' 4. I ^M 'N 11 •NI II N .-• . II RIli li `t , =t I • II E ` �� : I. "E a II cr �; t ., II Ilk -;tdoir i .0 % : 44i I • • Alliik •• • • • ' i ti I I 10° dC. 9 I I FOR THELMA-MAGNO THELMA MAGNO LAB ADDITION o 1 LOCATION TIOARDOREGON - - rill EAI EXISTING LANDSCAPING INTERNATIONAL '` _ _ .4... SITE PLAN rig 1 Nil EAI International 2101 Western Drive Richmond,CA 94801 (510)439-1400 (510)439-1409 Fax o< ` www.eai-intl.com Impact Magno-Humphries, Inc. Additional Storage Tentative Improvements — SDR2002-00013 Community Development s aplug A Better Community CiPCDV'tOJECTSIIXL0002-MAGNO PLAM162-JURISDICTIONAL COORDINA TIOMCOND/T IONS OF APPROVALIREPORTJMPACT S7UDY 2003OOC Background The proposed additional office and warehouse space will be located above the existing Magno-Humphries, Inc. main plant facility. The existing facility is located at 8800 SW Commercial Street and on tax lot 1203. The main plant facility is on the northern most portion of the property adjacent the Northern Pacific Railroad line on the west side and SW Commercial Street on the east side. The facility presently consists of manufacturing space and office space. The new storage space will be on top of the existing roof structure. The hours of operation and consistent use will not change from the existing use. The anticipated storage use will consist of vitamin material, office supplies, and etc. Sanitary Sewer The sanitary sewer service is anticipated to have sufficient capacity. The existing connection point will not be changed or modified in this project. The existing sanitary sewer main runs along the west side of SW Commercial Street and will not be impacted from this project. Water Supply The water supply will be provided from a 8" Ductile Iron water main located on the east side on SW Commercial Street and will not be impacted from this project. There appears to be adequate capacity and pressure (100 psi) in the existing main to serve the domestic and fire demand. Strom Drainage The proposed project presents not additional impervious surface area. Therefore the existing drainage system will not be impacted. The roof drains and site area drains will be in the same locations and will require no improvements. Schools The project site is located within the Tigard-Tualatin Scholl District No. 23J. The public school elementary students in the neighborhood attend Woodward Elementary School. Flower Middle School and Tigard High School serve children in the upper grades. Because no residences are associated with the proposed project, there will be no added impact to the school population. Power- Telephone - Cable Television Portland General Electric provides the electrical needs to the property while GTE Northwest handles the phone service. Northwest Natural Gas and TCI Cablevision provide natural gas and cable television service providers. No cable service is used or will be used in this development. Parks This site is located nearest to the Cook Park in the City of Tigard. Because of the nature of the manufacturing business, it is likely the present employees will use the nearest parks any more any they use them presently. Therefore, no additional impacts will placed on the Cook Park. Noise Impacts The existing facility and new improvements are adjacent Northern Pacific Railroad and will not generate a noise increase. The proposed storage space will not occupy any employees for an extended length of time. Therefore, no noise impact will be generated from the proposed improvements. Transportation SW Commercial Street and SW Hall Blvd. serve the project site, which are both designated as Major Collector streets. The proposed project is additional storage space for material, office supplies and etc. in order to manufacture vitamins. No additional employees are anticipated from the improvements. It is apparent that is project will not add additional traffic to SW Commercial Street of SW Hall Blvd. 2 • • Job No.:02-082 September 4,2002 Mr.Matt Schaidogger Applicant/Owner Ms.Thelma Magno Planning Department 8800 SW Commercial City of Tigard Tigard,OR 97223 13125 SW Hall Blvd Tigard,Oregon,97223 SUBJECT: Site Design Review—8800 SW Commercial TAX LOT NO.01203 TAX MAP:25102AD Washington County NARRATIVE: Application for a Site Impact review for the construction of addition to or commercial office and manufacturing building located on SW Commercial and Hall. The following criteria address the Tigard Triangle Standards as well as the relevant development codes, how they impact the proposed addition. Chapter: 18.360 Site Development Review The complex at 8800 SW Commercial is a existing (established in 1986) manufacturing and office complex consisting of three buildings two at the 8800 SW address and an third located one block away at Hall in the City of Tigard. Building No. 1 the original building in the complex is the only structure to be included into this project. Building No.1 is constructed as a masonry block exterior walled structure, post and beam structure, with plywood roof platform. We do not know what code the building was constructed under. We are designing modification to comply with current building, fire, electrical,mechanical, seismic and planning requirements. The addition adds a second level to the original building.The net square footage increase will be 19,558 square feet.The use of the additional space will be for office space and storage of packaging materials. The existing office space on the ground level will be converted to manufacturing space.The net increase of square footage will be used for manufacturing space on the ground level. 18.360.050:Major Modification to Approved Plans or Existing Development B.Evaluation criterion. 1. An increase in dwelling unit density,or lot coverage for residential developments. a. Does not apply,our Modification is to a Manufacturing/Office development not residential. ', 'c Site Design Review a September 4,2002 Page 2 2. A change in the ration or number of different types of dwelling units: a. Does not apply,our modification is to a Manufacturing/Office development not residential. 3. A change that required additional on — site parking in accordance with Chapter 18.765. a. Chapter 18.765 requires additional parking; Ms. Magno is securing a long- term lease for 9 additional parking spaces. i. Name of property owner: ii. Address: iii. Contact Phone Number 4. A change in type of commercial or industrial structure as defined by the Uniform Building Code: a. No change in type will result from the planned Modification to the project building.The owner,and use of the building will not change as the result of building addition. 5. An increase in height of the building by more than 20%. a. Yes the building increase by 16 feet from the existing parapet wall. b. See the attached elevation provided in the application package.The increase in height is 100%,we are adding a second level to the building. 6. A change in the type and location of access way and parking areas where off-site traffic would be affected: a. Access to existing parking will not be affected.The leased parking what is required to comply with Planning Requirements is the existing parking lot, and will not be modified or changed.A site map is attached. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day: a. The increase in traffic to the site may increase to a limit of 9 additional cars per day.This is well within the 100-car limit threshold discussed in 18.360.050. 8. The increase in floor area proposed for a nonresidential use by more than 10% excluding expansion under 5,000 square feet: a. The increase is 19,728 Square Feet.This is over the 5,000 Square Feet threshold. 9. A reduction in the area reserved for common open space and/or usable open space Which reduces the open spaces area below the minimum required by this code or by more than 10%where specified in the site plan: a. No reduction in usable open space or common open space will result from the addition requested. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities: b. Screening,and/or c. Landscape provisions: i. No reduction in amenities will occur as a result of this project. We will construct the addition consistent with the color,materials, and textures of the existing buildings. EAI International www.eai-intl.com ' �rerR • ,.� Site Design Review September 4,2002 A Page 3 ')'/ON.PS•`. 11. A modification to the condition imposed at the time of site drvelopment review Approval,which is not the subject of B1 through 10 above of this subsection. a. This is a issue upon a future event that will not occur. If you have any questions please give me a call and I will attempt to resolve any conflicts or questions. Sincerely, EAI International Robert Esparza General Manager Attachments Binder/Type II Application CC: Ms. Thelma Magno EAI International www.eai-intl.com 1,C3'62 000k . f7q3('* ), s = tacoloHlliAervi if6,SIO) 'slas 1.4e.t.0.1- 0)2. = L't SS'S s opal 4 0e610) •A en `ci3 et- -40014 tri,c3 vIleci IniiY1c1 ri190 00 5 il1tre$1 /\)5/1,1, '11-1 1‘941/ChM* 'WO -00.1 al ca WAV Cril I 2 5 971 440 "74-11.14,0r4 c01,9016 -4 --)vcA marl -4.04 A 21N7e--ia1 a H cp.Ow4cs, - •aligtY1 IWO? -1',1401.1.104Y /1 49crect G- 1a9- 171a1--1 ausis xt-K4 kO 1-117t-aWd Neitlxa 1-941cp1-1 s-wd, 1-; - 04-77.ek sa.caz .z n ThITNT-FiC?;;T- j 1 1 ' I ' I , 61LL COMMERCIAL elREET ----_ --- --- ` —- -—-—-—---cam--------------------- ---- - - - ■■■■■■■■■■■■■ 7■■■■■■■■■■■■■■■1.,/� 1 - I-- '��i111 ---------- —_■■■i■��■�■___■�■�■■l■ `\ L.0�, 1 /, \ U - tl—' \\ 2 ). \„ ,,,,, 44 ------ „ y _;_' , BUILDING "1 / -- ,' s� i / i r i BUILDING "2 i i NOFfTH MAGNO-HUMPHRIES TRUCK MANUVERING PLAN LABORATORIES, INC. SECOND FLOOR ADDITION 8800 S.W. COMMERCIAL ST. TIGARD, OREGON 97223 ii i o LI'!, "1- I n i 1 1 e i ,tirg: g i ir I 1 ;!lb HMI 1— / i� i I *et, _____ _ _ ___, u . , I I II n .,, T� NN A nn "V i nfl n I I aII j I Ilf i un n i pll i ..... 11 II bird St On 1 li 14: I■ I II ; Pr" ¢11 OP • i 6 s1 0 II 111;r 211 I Ii n H k I a .17 u 1 1 t H ! n Il i1 i u u 0411 � 11 II s i n I ; 1 I I i i � , N i iII������ : n ! 4 II i , i �I�,!►; CITY OF TIGARD Community cDeve(opment Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 7/1/2003 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 2002-00013 Type II Land Use Application FILE TITLE: MAGNO-HUMPHRIES EXPANSION APPLICANT: Magno-Humphries OWNER: Thelma Magno 8800 SW Commercial Street 8800 SW Commercial Street Tigard, OR 97223 Tigard, OR 97223 REQUEST: The applicant is requesting Site Development Review approval to construct a 19,720 square foot addition consisting of office and manufacturing space above the existing building. LOCATION: 8800 SW Commercial Street; WCTM 2S102AD, Tax Lot 1203. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. Single-family attached housing at a maximum density of 12 units/net acre, equivalent of the R-12 zoning district, and multi- family housing at a minimum density of 32 units/acre, equivalent to the R-40 zoning district, are permitted outright. APPLICABLE REVIEW Community Development Code Chapters 18.360, 18.390, 18.520, 18.705, 18.725, CRITERIA: 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: MARCH 7, 2003 DATE COMMENTS ARE DUE: MARCH 21, 2003 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ®STAFF DECISION (TENTATIVE) DATE OF DECISION: APRIL 14, 2003 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® LANDSCAPING PLAN ❑ IMPACT STUDY Z SITE PLAN ❑ WETLANDS REPORT ❑ TRAFFIC IMPACT STUDY ® NARRATIVE ❑ TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Morgan Tracy, Associate Planner (503) 639-4171, Ext. 2428 September 11, 2002 CITY OF TIGARD Bruce P. Dreschner OREGON 8800 SW Commercial Street Tigard, OR 97223 RE: Notice of Incomplete Submittal-SDR2002-00013 Dear Mr. Deschner: The City received your request for Site Development Review (SDR) approval for the above-referenced project. Based on a preliminary review of your application materials, Staff has determined that your submittal is incomplete for the purposes of continuing with Site Development Review. Please submit the following information in order for Staff to begin your review: 1. Submit 12 copies of a narrative addressing all of the applicable criteria of the Tigard Development Code (refer to pre-app. notes). • The narrative that you have submitted addresses the minor modification criteria. Because this is a major modification, you must address not only the major modification criteria of Section 18.360.090-Approval Criteria, but also the approval criteria of all code sections marked in the pre- application notes. 2. Submit 12 additional copies of site plan and architectural elevations of all structures for notification to agencies. • The plan submitted addresses the landscaping percentage; however, the plan does not show where the landscaping is located. • No architectural elevations have been submitted. 3. Submit impact study (see pre-app. notes). 4. Submit a construction cost estimate in order to verify application fee. Sincerely, -e"/-ct.-D Mathew Scheidegger Assistant Planner is\cu rpin\mathew\sd r\SDR2002-00013.a cc c: SDR2002-00013 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 LAND USE APPLI Project: ION Date: COMPLETENESS REVIEW COMPLETE INCOMPLETE STANDARD INFORMATION: Deed/Title/Proof Of Ownership : Neighborhood Mtg. Affidavits, Minutes, List Of Attendees ❑ Impact Study(18.390) USA Service Provider Letter ❑ Construction Cost Estimate ❑ # Sets Of Application Materials/Plans Pre-Application Conference Notes Envelopes With Postage (Verify Count) PROJECT STATISTICS: Building Footprint Size Ej. % Of Landscaping On Site [ % Of Building Impervious Surface On Site `® Lot Square Footage PLANS DIMENSIONED: dt 4Y1 Building Footprint El Marking Space Dimensions(Include Accessible&Bike Parking) ® Truck Loading Space Where Applicable ❑ Building Height 0--- Access Approach And Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: ❑ Vicinity Map ❑ Architectural Plan ❑ Tree Inventory Ij - Existing Conditions Plan ❑ Landscape Plan ,l Site Plan ❑ Lighting Plan TREE PLAN/MITIGATION PLAN: ❑ f - - ADDITIONAL REPORTS: (list any special reports) ❑ n ❑ - -- c u ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.620(Tigard Tnangle Design Standards) ❑ 1 8.765(Off-Street Parking/Loading Requirements) ❑ 18.340(Directors Interpretation) ❑ 18.630(Washington Square Regional(enter) ❑ 18.115(Sensitive Lands Review) ❑ 18.350(Planned Development) ❑ 18.705(Access/Egress/Circulation) ❑ 18.780(signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Units) ❑ 1 8.785(Temporary Use Permit) ❑ 1 8.310(Vanances/Adjustrnents) ❑ 18.715(Density Computations) ❑ 18.790(Tree Removal) ❑ 18.380(Zoning Map/Text Amendments) ❑ 18.720(Design Compatibility Standards) ❑ 18.195(Visual Clearance Areas) ❑ 1 8.385(Miscellaneous Permits) ❑ 1 8.725(Environmental Performance Standards) ❑ 18.797(Water Resources(WR)Overlay District) ❑ 1 8.390(Decision Making Procedures/Impact Study) ❑ 1 8.730(Exceptions To Development Standards) ❑ 18.798(Wireless Communication Facilities) ❑ 18.410(lot Line Adjustments) ❑ 1 8.740(Historic Overlay) ❑ 1 8.810(Street&Utility Improvement Standards) ❑ 18.420(Land Partitions) ❑ 1 8.742(Home Occupation Permits) U 1 8.430(Subdivisions) ❑ 18.745(Landscaping&Screening Standards) ❑ 1 8.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning District) ❑ 1 8.755(Mixed Solid Waste/Reading Storage) ❑ 18.530(Industnal Zoning Distracts) 1 1 18.760(Nonconforming Situations) r< ADDITIONAL ITEMS: I:\curpin\masters\revised\land use application completeness review.dot REVISED: 17-Jan-01 CITY OF TIGARD OREGON March 3, 2003 Bruce Dreschner Magno-Humphries 8800 SW Commercial Street Tigard, OR 97223 RE: Completeness Review-Magno Humphries, Case File No. SDR2002-00013 Dear Mr. Dreschner: The City has received the additional information necessary to begin the review of your Site Development Review application (SDR2002-00013). 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 5-6 weeks. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2428. Sin rely, ��. . Morgan Tracy Associate Planner Enclosure C: SDR2002-00013 Land Use File \\tig333\usr\depts\curpin\morgan\workspace\sdr\sdr2002-00013(magno humphries)\sdr2002-00013 complete.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 saloN DNEflI4MOD lNiOI ,I,VDI'IddV ilild CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES Comm ntyDeveGoop eent ShapingA Better Community (firObIication Meeting Notes are Valid for Six (6) Months) NON-RESIDENTIAL FFEPFP.MG CAE c7/,p ff/oZ &EV , : "11S/,r3")/VA'f APPLICANT: ,�i f �,, AGENT: �3 Phone: ( ) Phone: g s y-5-4/ / PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: noo $ LA) TAX MAP(S)/LOT #(S): .5/D-Z.4/ NECESSARY APPLICATIONS: (5 pit ) ,s/51-e -P e4 lE �. ' u/- PROPOSAL DESCRIPTION: tc ' /g Svc J- COMPREHENSIVE PLAN MAP DESIGNATION: R4 ZONING MAP DESIGNATION: C .� CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: ,S1,�.f ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Cole Section 18. .5 S 1 MINIMUM LOT SIZE: C sq. ft. Average Min lot width: O ft. Max. building height: `' • ft. Setbacks: Front ft. Side ft. Rear n ft. Corner Z) ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: /S %. 7; NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout) 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 9 NON-Residential Application/Planning Division Section NARRATIVE [Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. El ACCESS [Refer to Chapters 18.705 and 18.7651 Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: f 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 SPECIAL SETBACKS (Refer to Code Chapter 18.730) STREETS: feet from the centerline of • LOWER INTENSITY ZONES: feet, along the site's boundary. • FLAG LOT: 10-FOOT SIDE YARD SETBACK. SPECIAL BUILDING HEIGHT PROVISIONS [Refer to Code Section 18.730.010.8.1 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) of the building's height; and • The structure will not abut a residential zoned district. El BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 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 9 NON-Residential Application/Planning Division Section The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: t-1 LANDSCAPING (Refer to Code Chapters 18.745,18.165 and 18.7051 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. For detailed information on design requirements for parking areas and accesses. ❑ RECYCLING (Refer to Code Chapter 18.7551 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 18.765.0401 / REQUIRED parking for this type of use: rte, .. //etrr0 q Gf/ Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: • All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, 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. [',d LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 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 9 NON-Residential ApplicationlPlanning Division Section A .BICYCLE RACKS (Refer to Code section 18.1651 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. 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 identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. n STEEP SLOPES (Refer to Code Section 18.715.080.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. J CLEANWATER SERVICES(CWSI BUFFER STANDARDS (Refer to R a 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 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDE5 • Streams with intermittent flow draining: <25% 15 feet 10 to <50 acres >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 10 to <50 acres 30 feet >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • 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' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 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 9 NON-Residential Application/Planning Division Section • Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the 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. SIGNS [Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. '�—TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.190.030.0.1 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 18.190.000.1) 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 damages 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 9 NON-Residential Application/Planning Division Section ➢ If a replacement tree of the size cut is not reasonably avatldole on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. fl CLEAR VISION AREA (Refer to Code Chapter 18.7951 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 clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. WATER RESOURCES OVERLAY DISTRICT (Refer to Code Section 18.797.0301 The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 NON-Residential Application/Planning Division Section • ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. Y The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. Y ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Cleanwater Services (CWS) standards adopted and administered by the City of Tigard. I RIPARIAN SETBACK REDUCTIONS [Refer to Code Section 18.797.100) The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.797.100 that demonstrates all of the following: ➢ Native plant species currently cover less than 80% of the on-site riparian corridor area; ➢ The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; ➢ That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating removal of native plant species; i= That there will be no infringement into the 100-year floodplain; and ) The average slope of the riparian area is not greater than 20%. I ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060) MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2% TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.765(Off-Street Parking/Loading Requirements) 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) 18.350(Planned Development) "` 18.705(Access/Egress/Circulation) x 18.780(Signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 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 Compatibility Standards) 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 18.797(Water Resources(WR)Overlay District) 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 18.798(Wireless Communication Facilities) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.810(Street&Utility Improvement Standards) 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) - 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) _ 18.750(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) y 18.755(Mixed Solid Waste/Recyding Storage) 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: / exTdAtaeitia-stae.--> 4 44,170 c te: _4-, .07,.„,t _ 5. 01-E7 /14e7,4-,e^-t PROCEDURE (>4.-- 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), 81/2' x 11" map of a proposed project 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 8 of 9 NON-Residential Application/Planning Division Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all Ig9.0 use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is avail le 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). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read The Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: CITY OF IGAR PLANNI G DIVISION - . PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-7297 E-MAIL (staffs first name)@Ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.Or.us H:Ipattylmasters\Pre-App Notes Commercial.doc Updated: 1-Nov-2001 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 NON-Residential Application/Planning Division Section CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: 7q �f 1-t-G��,--,--- Date: Zv Vey ./ e 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) Copy of the Pre-Application Conference notes Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): LRI' Vicinity Map ❑ Preliminary Grading/Erosion Control Plan Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan (ZW- Site Development Plan ❑ Architectural Drawings Landscape Plan ❑ Sign Drawings Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES ' -' COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 4. SPECIAL STUDIES AND REPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map Showing the location of the site in relation to: • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ Other site features: • Rock outcroppings ❑ • Trees with >_6" caliper measured 4'from ground level El Location and type of noise sources ❑ Locations of existing structures and their uses ❑ Locations of existing utilities and easements ❑ Locations of existing dedicated right-of-ways ❑ City of Tigard Land Use Application Checklist Page 2 of 5 Subdivision Preliminary Plat Map The proposed name of the subdivision ❑ Vicinity map showing property's relationship to arterial and collector streets ❑ Names, addresses and telephone numbers of the owner, developer,engineer surveyor and designer(as applicable) ❑ Scale, north arrow and date ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑ Contour lines related to a City-established benchmark at 2' intervals for 0-10%grades and 5' intervals for grades greater than 10% ❑ The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): ♦ Public and private right-of-ways and easements El ♦ Public and private sanitary and storm sewer lines ❑ ♦ Domestic water mains including fire hydrants ❑ ♦ Major power telephone transmission lines (50,000 volts or greater) ❑ ♦ Watercourses ❑ ♦ Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ ♦ The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ ♦ The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ Supplemental information including: ♦ Proposed deed restrictions (if any) ❑ ♦ A proposed plan for provision of subdivision improvements ❑ Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel ❑ The owner's authorized agent ❑ The map scale, north arrow and date ❑ Proposed property lines ❑ Description of parcel location and boundaries ❑ Contour lines (2' intervals for slopes 0-10%or 5'for slopes>10%) ❑ Location,width and names of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all permanent buildings on and within 25'of all property lines ❑ Location and width of all water courses ❑ Location of any trees with 6"or greater caliper at 4'above ground level ❑ All slopes greater than 25% ❑ Location of existing and proposed utilities and utility easements ❑ Any applicable deed restrictions ❑ Evidence that land partition will not preclude efficient future land division where applicable ❑ Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 , Site,Development Plan The proposed site and surrounding properties ❑ Contour line intervals ❑ The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ ♦ Easements on the site and on adjoining properties ❑ ♦ Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ ♦ Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ ♦ Above ground utilities ❑ ♦ Trash and recyclable material areas ❑ The locations, dimensions and setback distances of the following: ♦ Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25'of the site ❑ • Proposed structures, improvements, utilities and easements on,the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ ♦ Storm drainage facilities and analysis of downstream conditions ❑ Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ ♦ Structures and their orientation ❑ Landscape Plan Location of trees to be removed ❑ Location, size and species of existing plant materials ❑ General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ ♦ Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening ❑ Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ => Existing and proposed contour lines ❑ Slope ratios ❑ Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants (existing and proposed) ❑ Proposed fire protection system ❑ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location, size and height ❑ is\;curpin\masters\revised\checklist.doc 18-Sep-01 City of Tigard Land Use Application Checklist Page 5 of 5 E ON �NOTES ENGINEERINGSECTION. City.TIgartirsgen ommunity Development Shaping A Better Community PUBLIC FACILITIES Tax Maplls]: 2S102AD Tax lofts]: 1203 Use Type: Warehouse Addition 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: SW to feet SW to feet SW to feet SW to feet Street improvements: street improvements will be necessary along SW , to include: feet of pavement concrete curb I storm sewers and other underground utilities -foot concrete sidewalk n street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page l of 6 Engineering Department Section 1 1 Other: street improvements will be necessary along SW , to include: I 1 feet of pavement 1 I concrete curb 1 storm sewers and other underground utilities I 1 -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: I 1 street improvements will be necessary along SW , to include: [ I feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: I 1 feet of pavement ❑ concrete curb storm sewers and other underground utilities 1 -foot concrete sidewalk 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 I 1 concrete curb I storm sewers and other underground utilities 1 1 -foot concrete sidewalk CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section I 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 execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (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 Commercial 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 SW Commercial Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to (existing building is connected to public 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 information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF TICARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section 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. 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. N/A since there will not be an increase in impervious area. 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. 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 the TIF is based on the proposed 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 CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section ' permit. Deferral of the pa' nt until occupancy is permissible 'y when the TIF is greater than • $5,000.00. Pay T1F. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. 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. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering 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. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Site Improvement F lit (SIT). This permit is genera' 'ssued 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. Building Permit (BUP). 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: i J GINEERING DEPARTMENT STAF Phone: (503)639-4171 Fax [503)684-7297 \eng\brianr\templates\preap notes-eng.dot Revised: April 21,2000 CITY OF TICADD Pre-Application Conference Notes Page 6 of 6 Eiglaeeda!ogartweptSectla • DATE: / if Q Z PLANS CHECK NO. PROJECT PILE: 1' COUNTYWIDE n Ai° 174,41�J/j,4f(, TRAFFIC IMPACT FEE WORKSHEET APPLICANT: (FOR NON-SINGLE FAMILY USES) MAILING ADDRESS: CITY/ZIP/PHONE: TAX MAP NO.: A LAND USE CATEGORY RATE PER TRIP SITES NO.ADDRESS: egg J 00 C/ p/�1 m P/'(/fl/ RESIDENTIAL $226.00 BUSINESS AND COMMERCIAL $ 57.00 OFFICE $207.00 / INDUSTRIAL $217.00 INSTITUTIONAL $ 94.00 PAYMENT METHOD: CASH/CHECK CREDIT BANCROFT(PROMISSORY NOTE) LAND USE CATEGORY DESCRIPTION OF USE WEEKDAY AVG. INSTITUTIONAL ONLY: TRIP RATE WEEKEND AVG.TRIP RATE DEFER TO OCCUPANCY /J/!0 GO Alt 44/0 Li c i/ 138 �T BASIS: pep//e'laA.)r /7(o 0s es C r- s -f'r ,tee -h - 1g7 000 W pa-s use add CALCULATIONS: �— 'E �� d.� 4 T7;14s )c T�, . S. F. X /?p-70/12;(' r o60 7 6/..ea 6/..ea /� x � �� l9 J • PROJECT TRIP GENERATION:88 FEE: FOR ACCOUNTING PURPOSES ONLY ADDITIONAL NOTES: A ! ROAD AMT. TRANSIT AMT. PREPARED BY: S.S. Casper I:TIFWKST.DOC (DST) EFF: 07-01-98 PRE-APPLICATION CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION FOR STAFF USE ONLY Applicant: tLmp C. m 4.(Vo Address: CADOO S.W. CQ17111I�QCIpL Phon450 p$'4-54 Case No.: 19 City: Ti sikaA 0(IQeps Zip7z2i?� Receipt No.:. -o 0 / J � Application Accepted By: /(lJ r)/ Contact Person:1V.VCE, ,S IvQ(Z, Phon Date: "'; I ;,' o I Property Owner/Deed Holder(s):1114Q(_n1P C, YYl AcNO DATE OF PRE-APP.: //g/0( TIME OF PRE-APP.: ' Address: 2ROD W. 041, 024A - Phone: _ I n p PRE-APP. HELD WITH: City: �1 94...(�1 Q". Zip: `7 2.2-S Rev.12/6/2000 is\curpin\masters\revised\Pre-App Request.doc Property Address/Location(s): $• OO S,W . COr'►alaCf41L j I biaa,4 nO 4 97225 REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Tax Map &Tax Lot#(s): 2S (Q Z Kt) --0 1 ZO 3 ❑ Pre-Application Conf. Request Form Site Size: , . $Q N(,QQ_S 2 COPIES EACH OF THE FOLLOWING: Q Brief Description of the Proposal and PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that you would like to have staff research prior to the meeting. All of the information identified on this form are required to be ig submitted by the applicant and received by the Planning Division a Site Plan. The site plan must show the minimum of one (1) week prior -to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of driveways on the subject property and A pre-application conference can usually be scheduled within 1-2 across the street. weeks of the Planning Division's receipt of the request for either ,-,/ Tuesday or Thursday mornings. Pre-application conferences are U✓ The Proposed Uses. one (1) hour long and are typically held between the hours of Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. ❑ If the Pre-Application Conference is for a PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN MONOPOLE project, the applicant must PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM attach a copy of the letter and proof in 8:00-4:00/MONDAY-FRIDAY. the form of an affidavit of mailing, that the collocation protocol was completed IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE (see Section 18.798.080 of the Tigard PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE ommunity Development Code). INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Filing Fee $240.00 ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. Pre-Apps (CD Meetings) January 2002 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Tuesday, January 08, 2002 8:00 8:30 9:00 Pre-app Bruce •w/ Magno Humphries 246-8805 or ' . 684-5464 2nd story addition 330o 9:30 10:00 Pre-app appt 10:30 11:00 Pre•app 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 8:55AM Friday, December 28, 2001 I11AGPR HUI11PHRIES "b d lnhorntorie5, Incorporated 8800 SW Commercial Street •Tigard,OR 97223 P.O. Box 230626 •Tigard,OR 97281 Phone (503)684-5464 • Fax(503)639-3161 Date: December 28, 2001 To: City of Tigard Bldg. Dept. Planning & Engineering Attn: Mr. Matt Scheidegger Subject: Proposal to add second (2nd) story addition to existing warehouse building Located at 8800 S.W. Commerical Street, Tigard, Or. 97223 Dear Matt: The proposed 2nd floor addition shall include approximately 18,000 Sq. Ft. of floorspace which will primarily be used for general warehouse storage. Phase 2 —Construction shall include construction of approximately 3,000 Sq. Ft. of new office space located on the second floor. Once new offices have been constructed and occupied, the existing offices located on ground floor will be demolished and converted back into warehouse space with the addition of the new 2nd story. It is not anticipated that any new employees would be hired, and that there will not be any additional vehicle trips generated daily. Questions to be addressed at pre-application conference 1) Parking Existing conditions additional parking requirements if any. 2) Reduction in parking requirements, with reference to bus shelter located to the west Of our existing building. 3) Estimate of anticipated development costs based on formulas for additional square Footage. 4) Any issues concerning Commercial Street. 5) Limits of Building Heights in central business district. Sincerely, M tot-Humphries bs, Inc. Bruce P. Deschner Pharmaceuticals and OPTIMUM® Dietary Supplements www.magno-humphries.com „,v /- / i s ..... - , . \,/ /, _ ,..__ TP \ CB °44A , , - ' x ft .. // ift) • '..- --7......." ;77-'-' • 167.3 . je 9 . / )Ns, N t „________ 1...., _ r-,,;f5 I In eSc.,,, ' --PARKING .ti,..\ .4 ., <,...„0.1716.9 8 ••.‘e)\‘. .165 a( K ce -,,,,,(\-;‘,\.t .5-, , .., ,, \pC8 e \\•, . . ./ .4 , • , ,. 7 , ,•,,, , -,5),\A: \,. ,”. .... , \\ J.) \\C■-\\C. .. 'N.., ,f,,,, t 165.3 \ _...‘‘ PANk1NG -V . \\ \k■., \ Nt '.1., ,,,,,;--•-), ,,.:,_/./ , -- ..,- \ --- \\ u 164.3 t7a5.5 t • ‘4 - .-0/ .......\. . „ , -, . , -- \ c ,,, ,,,_ _ AI\ ■ >\ _ , _, . ) # _) ; •179.2) \,,,..- 7A. .,, OGB . \ 9 F .7..7 • ..K‘>. ,, ,,, KING 'N. / , ? I / \ N ,,,, ••• _,.. _..._. _ ,, ) i.) ' -k \ \ \.../.-- -0 , --0 \ , 163 6 s') s';\ I)'2:58\-' \-.J----- - --- -.----. 4 . ,. - a PAVED '\ N: , . , I -t ) \ \- -, N - V, ,i .„ , , , 7.1°." / PARKING • \-)1 'I ' .165.3 K \ ‘-t.. ,-(it ..(tN \\\\\ '' , ',. • 1 -.._., _ _ 1- . • ? \ I •S 1 164.4 \ ,.. ri(-' ) /i \ • u165.5 / / % / 4_, CP /'''N, \--\\ , \ / / • 4.1) rt, " r ' c 1. , • -k-- -' a .163.4 -17#4 C.'7.-4 ) \ - \ • , \ , (41k I, / \- • N• '' \ 4164 .. . PAVED 7 •',./ ) • k. 1,. / / / \ . 4. 9 IV f i ig0.8\ ------..„„ / PARKING I 4 1 VIC Jr/ i / \ li ) 1.‘ ./‘ \---- '. / \ . (.-,)c ,. Itiii 'i \ \s, ,..1- '-' `• --. l / d\\ .c_..., • \ . .--- ,, \ ------. s, ).160 7 160.2 - \ _1 S• ..5\F \ ...., '.." , 4. ' \ ;...t... / PCB 1\ \ 0:1:1 ..." ` \ a159 1) I 'l ' k 11. ■ 7 N 15 4C\ \ \\ s '\'' \•.\\\\\s' ...... --- -- - ' �DocüOJV ENO's i ► \ ' I ' I -- -_-_-_- 8L1.GOMII`IERGIA STREET __--__ --- TI ■■■■U•IUUUI■■ iUUIII■■■■■ UMMI I/�j - I , J - . \D /z> \„ . __ , ,i_, ‘‘ .., , _ ___ . ______ . . . _____ DOCK BUILDING MI / .'y r ill r / I / I / - / r r r r BUILDING "2 r I I NORTH MAGNO-HUMPHRIES TRUCK MANUVERING PLAN ~� LABORATORIES, INC. SECOND FLOOR ADDITION 8800 S.W. COMMERCIAL ST. TIGARD, OREGON 97223 5 0 R, cro 2.-off 13