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SDR1999-00022 EXPIRED SDR1999 - 00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER 120 DAYS-4/12/2000 CITTY TIGARD Community(Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 2000-01 PC BY THE PLANNING COMMISSION Case Numbers: SITE DEVELOPMENT REVIEW (SDR) 1999-00022 PLANNED DEVELOPMENT REVIEW (PD) 1999-00003 Case Name: WILLOWBROOK II COMMERCIAL BUSINESS CENTER Name of Owners: Durham/99 Associates, Ltd. Partnership Name of Applicant: Mildren Design Group, P.C. Attn: Hande Dogu Address of Applicant: 11830 SW Kerr Parkway, Suite 310, Lake Oswego, Oregon 97035 Address of Property: 11565 SW Durham Road Tax Map/Lot Nos.: WCTM 2S110DC, Tax Lot 02400 Request:—) THE PLANNING COMMISSION HELD A PUBLIC HEARING ON FEBRUARY 7, 2000 AND VOTED TO APPROVE SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF IN THE ATTACHED FINAL ORDER, A REQUEST TO CONSTRUCT A 5,787.6 SQUARE FOOT COMMERCIAL BUILDING. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Action:- ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of Record Within the Required Distance © Affected Government Agencies The Affected Citizen Involvement Team Facilitator © The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON FEBRUARY 18, 2000 AND BECOMES EFFECTIVE ON MARCH 7, 2000 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority 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. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON MARCH 6, 2000. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. CITY OFTIGARD, OREGON PLANNING COMMISSION CRY TIGARD FINAL ORDER NO. 2000-0I PC eommunuy�ter.Co pmun • S�iapirtgA(Better.Community A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A SITE DEVELOPMENT REVIEW AND PLANNED DEVELOPMENT REVIEW APPLICATION. THE CITY OF TIGARD PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON FEBRUARY 7, 2000 AND HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL BELOW. 120 DAYS = 4/12/2000 SECTION I. APPLICATION-SUMMARY FILE NAME: WILLOWBROOK II COMMERCIAL BUSINESS CENTER CASE NO.: Site Development Review (SDR) SDR1999-00022 Planned Development Review (PDR) PDR1999-00003 PROPOSAL: The applicant has requested Site Development Review approval to construct a 5,787.6 square foot building at the Willowbrook Commercial Business Center. Since the property has a Planned Development designation, Planning Commission review is necessary. APPLICANT: Mildren Design Group, P.C. OWNER: Durham/99Associates, Ltd. Attn: Hande Dogu 135 E. 57th Street 11830 SW Kerr Pkwy., Suite 310 New York, NY 10022 Lake Oswego, OR 97035 COMPREHENSIVE PLAN DESIGNATION: General Commercial ZONING DESIGNATION: C-G; General Commercial (PD overlay); The purpose of the general commercial area is to provide for mayor retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. LOCATION: The subject site is located on the east side of SW Durham Road; WCTM 2S110DC, Tax Lot 02400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed Site Development Review/Planned Development Review meets the applicable approval criteria of the Tigard Community Development Code and that the proposal will not adversely affect the health, safety and welfare of the City. The Planning Commission, therefore, APPROVES the request subject to the following conditions of approval: PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 1 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS OF APPROVAL °I; 7.0,1. �dlrEl� c} €IW7�'“'F Sc : o��a 0(=1 ii Ot: ;):4.” u•mit evi•ence o comp mg wit t e o owing con•itions o t e • arming •'vision. Staff contact: Mathew Scheidegger. 1. Submitted verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 2. Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by lanting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. 3. Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. 4. Submit a revised plan showing the location of 16 bicycle parking stalls. 5. A lighting plan will need to be submitted to the Tigard Police Department for approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 6. Prior to issuance of a site and/or building permit, a Street Opening Permit will be required for this project to cover the water main tap in SW Durham Road. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 7. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 8. The plans for the proposed water main tap shall be reviewed and approved by the Public Works Department as a part of the Street Opening Permit. 9. , Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surface in the proposed development and was calculated to be $1,058. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 10. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 2 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER ® • e iceWIT;,1 CO KU ISS ®a M SECTION III. BACKGROUND INFORMATION Site History: The subject property was annexed into the City in 1972 (ZC 5-72). The property was changed from Washington County P-R, Planned Residential, to City of Tigard P-D, Planned Development. The Tigard Planning Commission recommended approval of the development plan and program for the Summerfield Planned Development, in which a shopping center was to be located, on February 6, 1973 and the Council adopted the Commission's recommendation of February 12, 1973. In September of 1979, A Site Design Review (SDR26-79) was granted for Phase I and II for the Summerfield Commercial Center. In August of 1983, the Planning Commission approved a request to eliminate a tenant mix restriction of 13% financial, 24% office, and 63% retail for this shopping center. In 1996, PDR approval was given to build the same building being applied for in this report but the applicant let the approval expire. Essentially, this application is the same as the approval given in 1996. No other development applications have been filed with the City. Vicinity Information: The subject site is located east of the intersection of SW Pacific Highway and SW Durham Road, west of SW Summerfield Drive. Property to the north and south is zoned C-G (General Commercial) and is developed with commercial uses. Property to the east is zoned R-25 (Residential, 25 units per acre) and is currently developed with the Summerfield Retirement community. Site Information and Proposal Description: The Mildren Design Group is representing Durham/99 Associates, Ltd. Partnership for development of a new 5,787.6 square foot building at Willowbrook II Commercial Business Center. Currently, there are five existing buildings totaling 51,900 square feet. The new building will closely resemble the existing buildings in architectural style and finishes, and will be leased to one or more tenants upon completion. The building is proposed to be office use. SECTION IV. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. General Planned Development Standards 18.350.030 (Process) 18.350.070 (Applicability of the Base Zone Development Standards) B. Specific Planned Development Standards 18.715 Density Computation) 18.730 Exceptions to Development Standards) 18.795 Visual Clearance) 18.745 Landscaping and Screening) 18.765 Off-Street Parking and Loading Requirements)( 18.705 Access, Egress & Circulation) 18.780 Signs) C. Additional Planned Development Criteria D. Specific Development Standards 18.390 Impact Study) 18.755 Mixed Solid Waste & Recyclable Storage) 18.790 Tree Removal) E. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 3 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Relationship to Site Development Review: As per 18.350.100, the provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. A. GENERAL PLANNED DEVELOPMENT STANDARDS The Planned Development Process: There are three elements to the planned development approval process, as follows: 1. The approval of the planned development overlay zone; 2. The approval of the planned development concept plan; and 3. The approval of the detailed development plan. The site has a Planned Development Overlay. A development plan was approved in 1979. This plan is being modified to add an additional building that requires conceptual and detailed plan approval by the Planning Commission because of the overlay. Decision-Making Process: A new planned development overlay zone and/or concept plan shall be processed by means of a Type III-PC procedure, as overned by Section 18.390.050, using approval criteria contained in Section 18.350.100 . The detailed development plan shall be reviewed by means of a Type II procedure, as governed by 18.390.040, to ensure that it is substantially in compliance with the approved concept development plan. In the case of an existing planned development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters, which apply to the particular land use application. Concurrent overlay zone and conceptual plan applications. The application for the overlay zone and for approval of the conceptual development plan may be heard concurrently if an application for each of the actions is submitted. Concurrent overlay zone and subdivision applications. If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. The subject site is part of an existing planned development overlay. Therefore, the application will only be subject to those requirements that are particular land use applications. Applicability of the Base Zone Development Standards (18.350.070): Compliance to specific development standards. The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; Site coverage: The site coverage provisions of the base zone shall apply; Building height: The building height provisions shall not apply. The subject site is part of a previously developed planned development. Therefore, lot dimensions do not apply. Site coverage, however, does apply. The total proposed site coverage including all impervious area is 75.2 percent. The Maximum site coverage is 85 percent. Therefore, the standard is met. Structure Setback Provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code requirements for fire walls; and front yard and rear and setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 4 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER This is an interior structure with a setback only from SW Durham Road. The required setback is 30 feet from the centerline of SW Durham Road. The proposed building has a setback of 60 feet. FINDING: Based on the analysis above, staff finds that the Structure Setback Provisions have been met. Other Provisions of the Base Zone: All other provisions of the base zone shall apply except as modified by this chapter. Other provisions related to the base zone are reviewed in later sections of this report. B. SPECIFIC PLANNED DEVELOPMENT APPROVAL CRITERIA Section 18.350.100.B requires that the Commission make findings that the following criteria are satisfied when approving or approving with conditions, or the criteria are not satisfied when denying an application: All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met. The provisions of Chapters 18.410, Lot Line Adjustments and 18.420, Partitions and 18.430 Subdivisions are not applicable to this proposal. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A maximum of 3% is allowed for the provision of undeveloped common space; (2) A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; (3) A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; (4) A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. The applicant has not submitted any material regarding density calculations because Chapter 18.715 of the Development Code only refers to residential sites. FINDING: Based on the analysis above, staff finds that the section above has been met. Exceptions to Development Standards (18.730): Additional Setback Requirements: Additional setback from specified roadways. To ensure improved light, air, and sight distance and to protect the public health, safety, and welfare, structures in any zoning district which abut certain arterial and collector streets shall be set back a minimum distance from the centerline of the street. Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right-of-way. The required setback distance for buildings on arterial streets is the setback distance required by the zoning district plus the following distances PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 5 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER measured from the centerline of the street as contained in Table 18.730.1. The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus 30 feet measured from the centerline of the street as contained in Table 18.730.1. The proposed site is on SW Durham Road, a collector street. Therefore, the building is required to have a 30-foot setback from the centerline of SW Durham Road. The site plan shows a 30-foot setback from the road and a 20-foot setback from the property line. The proposed building is not required to meet the underlying zoning setback because of the flexible setbacks of the Planned Development overlay. FINDING: Based on the analysis above, staff finds the Exceptions to Development Standards are met. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of i 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 (81 feet in height (8) (trees may be placed within this area provided that all branches below eight (8y feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The applicant does not propose any development in the visual clearance area. FINDING: Based on the analysis above, the Visual Clearance standard has been met. Landscaping and Screening (18.745): Street Trees: Section 18.745.040 states that all development projects frontin on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.T45.040.0 required 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). There are existing street trees that were approved by Planning Commission with the original approval for the development. The applicant is not proposing to remove or replace existing street trees. Buffering and Screening: Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. According to the code, the only buffering and screening required is around the parking lot, which is discussed under the Screening Special Provisions section of this report. The only property abutting the subject site is of the same zoning. Therefore, no buffering and screening will be required. Hedges, fences and walls are neither required nor proposed. Therefore, hedges, fences and walls, Setbacks for fences or walls and height restrictions are not applicable and are not discussed in this report. 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 shalt 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 6 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER As indicated on the site plan, the parking area will be screened with a mixture of Arctostaphyllos u. 'Massachusetts' Acer circinatum (Vine maple) and Dwarf Redtwig Dogwoods. The number of parking stalls associated with this project is 16. Therefore, two parking lot trees are required. The applicant proposes three parking lot trees, which exceeds the tree requirement of one tree for every seven parking spaces. The landscape islands are a minimum of 12 feet wide, also exceeding the standard. Buffer Matrix: The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; an application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. The subject site is zoned general commercial and abuts a general commercial zoned property. According to the Matrix, buffering does not apply. FINDING: Based on the analysis above, staff finds that the Landscaping and Screening Standards have been met. Re-Vegetation (18.745.060): When re-vegetation is required: Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. No natural vegetation is proposed to be removed that isn't going to be occupied by structures. FINDING: Based on the analysis above, staff finds that the Re-vegetation standards do not apply. Off-Street Parking and Loading (18.765): Disabled-accessible parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The applicant has provided detailed parking data for the existing six (6) buildings consisting of a 58,025 square foot commercial center. The parking data indicates that, given the existing uses, the total amount of required parking is 292 spaces. This includes the required 16 spaces for the 5,787.6 square foot building. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the•number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The driveway and parking will be asphalt in accordance with the requirements. The number and size of the access drives is regulated by the standards specified in Section 18.705 and is discussed later in this report. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 7 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER 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. The site plan does not indicate pedestrian walkways that cross vehicle access or parking lots from the new building. Parking Lot Landscaping: Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Parking lot landscaping has been discussed earlier in this report. Parking Lot Striping: Exceppifor 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 site plan shows the parking area to be clearly marked. Therefore, this criterion has been satisfied. 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. Proposed sidewalks are at least 9 feet wide, which provides for the required 3-foot overhang. Therefore, wheel stops will not be required. Drainage: Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. This standard is discussed under Street and Utility Improvement Standards. Lighting: Lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent district. The applicant has not proposed any lihting. A lighting plan will need to be submitted to the Tigard Police Department for approval. Signs: Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780. The applicant has not roposed any signs. In any event, a separate sign permit will be required from the Development Services Technicians if any signs are proposed, which will be reviewed for compliance with the standards at that time. 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 8 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The applicant's plans indicate the standard parking spaces will be 9 feet by 18 feet. Three of the stalls will be considered compact stalls, which are 7.5 feet by 16.5 feet, which is within the parameters of this section of the code. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The applicant has indicated that 15 bicycle parking stalls exist and only one stall is required for the new building. These have not been shown on the site plan. A revised plan shall be submitted which shows the provision and location of the 16 bicycle parking spaces, thereby, satisfying this requirement. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided a detail of the bike rack to be used, therefore, staff is unable to confirm that this standard is met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. According to Table 18.765.2, the applicant is required to provide one bicycle parking stall for the proposed 5,787.6 square foot building. The applicant has not shown pre-existing or proposed bicycle parking on the site plan. Therefore, a plan showing bicycle parking will be required in order to satisfy this standard. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for General Office is 2.7 spaces per 1000 square feet. The proposed building is 5,787.6 square feet. Therefore, 16 parking spaces are required for the proposed use. The site plan shows 16 parking spaces which includes one van accessible disabled parking space. 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 9 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS: • Submit a revised plan showing the location of 16 bicycle parking stalls. • Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. • A lighting plan will need to be submitted to the Tigard Police Department for approval. Access. Egress and Circulation (18.705): 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. The site plan shows existing walkways connect to SW Durham Road from the main entrance. A new sidewalk is proposed at the north and west sides of the proposed building that connect to SW Durham Road. Connection between buildings has been conditioned previously in this report. Therefore, this standard has been met. 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 signposts, and shall be in compliance with ADA standards. Walkways that cross vehicle access driveways or parking lots have been conditioned earlier in this report. 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 athways may be provided only if such pathways are provided in addition to required pathways. The plans indicate that a walkway will be constructed. 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 less than 100 parking spaces is 30 feet with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The preliminary site plan shows the provision of three (3) access drives. These drives are shown to have widths of 30 feet with 24 feet of pavement. FINDING: Based on the analysis above, staff finds the access, egress, and circulation standards have been met. Signs (18.780): Chapter 18.780. 130.D lists the type of allowable signs and sign area permitted in the C-G Zoning District. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 10 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER No signs have been formally proposed. Signs are reviewed through a separate permit process administered by the Development Services Technicians and will be reviewed for compliance at the time of submittal. FINDING: Because signs will be reviewed and approved as part of a separate permit process, this standard has been satisfied. C. ADDITIONAL CRITERIA FOR PLANNED DEVELOPMENTS Relationship to the Natural and Physical Environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees topography and natural drainage to the greatest degree possible. Structures located on the site shall not be in areas subject to ground slumping and sliding. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection. The structures shall be oriented with consideration for the sun and wind directions, where possible; and trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Ten trees are to be removed during construction of the proposed building and will be mitigated for as discussed later in this report. There has been no evidence of slumping or sliding and the topography is relatively flat. Building Code requirements will cover air, light, and fire protection. FINDING: Based on the analysis above, staff finds that the standard has been met. Buffering, Screening and Compatibility Between Adjoining Uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; The size of the buffer needs in terms of width and height to achieve the purpose; The direction(s) from which buffering is needed; The required density of the buffering; and whether the viewer is stationary or mobile. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: What needs to be screened; The direction from which it is needed; and whether the screening needs to be year-round. The applicant has not submitted material addressing this section of the code. FINDING: The project does not abut a residential zone. No residential service areas or storage areas are involved. No mechanical devises on the rooftop are proposed. Therefore, this standard does not apply. Privacy and Noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise. The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Privacy and noise standards do not apply. Private Outdoor Area -- Multi-Family Use: In addition to the requirements of subparagraph (3), each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet. Wherever possible, private outdoor open spaces should be oriented toward the sun; and private outdoor spaces shall be screened or designed to provide privacy for the use of the space. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 11 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Private outdoor area standards do not apply. Shared Outdoor Recreation Areas -- Multi-Family Use: In addition to subparagraphs (2) and (3) of this section each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows. Studio units up to and including two bedroom units, 200 square feet per unit; and three or more bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety. The required recreation space may be provided as follows. It may be all outdoor space; or it may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or it may be all public or common space; or it may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; or where balconies are added to units, the balconies shall not be less than 48 square feet. The subject property is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Shared outdoor recreation area standards do not apply. Access and Circulation: The number of allowed access points for a development shall be provided in Chapter 18.705. All circulation patterns within a development must be designed to accommodate emergency vehicles; and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The access and circulation standard has been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Access and circulation standards have been satisfied earlier in this report. Landscaping and Open Space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section (a) of this subsection, a minimum of 20 percent of the site shall be landscaped; Commercial Development: A minimum of 15 ercent of the site shall be landscaped; and Industrial Development: A minimum of 15 percent of the site shall be landscaped. Landscaping requirements have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Landscaping requirements have been satisfied earlier in this report. Public Transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on the location of other transit facilities in the area; and the size and type of the proposed development and the required facilities shall be limited to such facilities as: a waiting shelter; a turn-out area for loading and unloading; and hard surface paths connecting the development to the waiting area. A public transit shelter is already provided on SW Pacific Highway. FINDING: Based on the analysis above, staff finds the Public transit standards have been satisfied. Signs: In addition to the provisions of Chapter 18.780, Signs: Location of all signs proposed for the development site; and the signs shall not obscure vehicle driver's sight distance. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 12 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The Sign standards will be required to meet the requirements of Chapter 18.780 of the Tigard Development Code. FINDING: Based on the analysis above, staff finds the Sign standards can be satisfied during the normal sign permit process. Parking: All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765. Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. The Parking standards have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Parking standards have been satisfied earlier in this report. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 Master Drainage Plan. The applicant has included a utility plan as part of their submittal material. Therefore, Engineering will review the plan and provide necessary comments. See Engineering comments later in this report. FINDING: Based on the approval of the Engineering Department, this standard will be satisfied. Floodplain Dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The proposed site is not located within the 100-year floodplain. FINDING: Based on the analysis above, the Floodplain standards do not apply. Shared Open Space: Requirements for shared open space.. Where the open space is designated on the plan as common open space the following applies: (1) The open space area shall be shown on the final plan and recorded with the Director; and (2) The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 13 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Shared open space has not been discussed or required for this project. A. SPECIFIC DEVELOPMENT STANDARDS Impact Study: Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Public improvements are not required due to existing facilities associated with the planned development. FINDING: Impacts are addressed in the Street and Utility Section of this report. 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 indicate a trash enclosure will be provided, but there is no evidence of proper screening . Therefore, the applicant will be conditioned to submit a plan showing a trash enclosure and proper screening for the facility. FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and recyclable standards, this standard has not been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION:Submit verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 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. The applicant has provided a tree plan that shows a total of 18 trees. Ten of the 18 trees are to be removed. Of the 10 trees to be removed, 4 of them are over 12-inches in diameter equaling 97 caliper inches. Therefore, the applicant will be required to mitigate for two thirds of the 97 caliper inches. FINDING: Based on the analysis above, the Tree removal standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 14 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITION:Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by planting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street and Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: 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 Tigard Development Code (TDC). Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial street to have an 80 to 90-foot right-of-way width and 12-foot travel lanes. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This development site lies adjacent to SW Durham Road, which is classified as an arterial roadway on the City of Tigard Transportation Plan Map. At present, there is adequate right-of-way (ROW) width, and street improvements on this roadway. No further dedications or improvements are necessary. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-Sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The Willowbrook development made provisions for this building by stubbing out a service lateral to this location. No further public sanitary sewer improvements are necessary. Storm Drainage: General Provisions: Section 18.810.100.A states require developers to make adequate provisions for storm water and floodwater runoff. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 15 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The Willowbrook development considered this building location when master planning was completed. The on-site storm drainage system was sized to accommodate the runoff from this site and a service lateral was provided. No additional modifications to the on-site storm drainage system are necessary. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. This provision of the Tigard Development Code (TDC) was previously addressed as a part of the overall Willowbrook development. No additional requirements are necessary. ADDITIONAL CITY AND/OR AGENCY CONCERNS: Public Water System: This site is served by the City's public water system. The applicant's plan indicates that they plan to tap the main water line in SW Durham Road to serve the new building. This work must be covered in a Street Opening Permit, which shall be obtained prior to issuance of the site and/or building permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) 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. The USA standards recognize certain situations where a site is limited on space. This particular site is a part of a much larger development that was planned and constructed before water quality facilities were required. The site area is only 17,669 square feet, and if the applicant were to try to provide a facility, effective development of the site would be precluded. Therefore, Staff recommends that the applicant pay the fee in-lieu of a water quality facility, as provided by the USA standards. The total impervious area to be added to this site (including building and paved areas) is 13,299 square feet. Based upon that area, the fee in-lieu would be $1,058. The fee shall be paid to the City prior to issuance of the site and/or building permit. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 16 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per 11SA regulations, the applicant is required to submit an erosion control plan for City review and approve( prior to issuance of City permits. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposal and has offered no objections or comments. The City of Tigard Utility Department has reviewed the proposal and has offered the following comments: Developer/owner to provide minimum of double check valve assembly (backflow protection) directly behind water meter. Also, we will require that additional double check valve assembly on the irrigation line. All meter fees must be paid prior to City installing water service and meter. The City of Tigard Police Department has reviewed the proposal and has offered no objections or comments. The City of Tigard Engineering Department reviewed the proposal and has offered comments that have been incorporated into this report. The City of Tigard Property Manager has reviewed the proposal and has offered no objections or comments. The City of Tigard Long Range Planning Department has reviewed the proposal and has offered no objections or comments. SECTION VII. AGENCY COMMENTS PGE has reviewed the proposal and has no objections to it. AT&T Cable has reviewed the proposal and has no objections to it. Unified Sewerage Agency has had the opportunity to review the proposal and offered the following comment: E/C permit for area disturbal during construction is required. SECTION VIII. CONCLUSION IT IS FURTHER ORDERED THAT THE APPLICANT AND THE PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: This 7th day of February. 2000 by the Planning Commission of the City of Tigard, County of Washington, Oregon. {Signature box below) Nick Wilson, President City of Tigard Planning Commission i:lcurpin\Mathew lsdrlsdr1999-00022.rpt.doc PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 17 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER - d o SW PACIFIC HIGHWAY (99W) s N // 0 d -, • ©. 0 -n tY Q M 6o r ° .•1f •1Zl^ a' l , EX�7yy�R 'n .tt i rj■ CO.. NMI * ) t , 4w% & ii„,,9 n,,, 0 > . . 1,__ ..43 ‘1/ ---N.T\T-'-tkl--- 0 .IlliD 0 A 4' •MIA m i If i%7 1 T r�rtri !:'yl fife)9011 Q d ® Q i ) 1', 'tl+1{`�T v,,,e ill f�Ye W y4T�I Z �' 1 ; ` s 4 Y. �.`1a^;;t r �'��,1.? * \f .;•j BUILDING F••'':* ' 0 Ir."' _ 0 . ••• •...• ••'fir 0 0 :::::.:::.::.44::.:43;i'' ,,,���,,,��� r ......•.... m t H �(I WWI 0 ..0 \ r. 6. . ' . 'SEE A1.2 FOR PLAN r• �O • 111 0 N I ' -' n a ^, r n m z m CITY OF TIGARD PLANNING DIVISION . s... I. �`�/ ', �` CITY of TIGARD O ' , . Q0 GEOGRAPHIC INFORMATION SYSTEM _ 0 *, I," E$ Sr VICINITY MAP ape ��� ��0��•1 V a `" sk° SDR 1999- ♦ I 99;;. 999-00022 0, 4 ir,- /11 ■ . -- 0 .�.„ ��I ♦♦� ~ �: WILLOWBROOK II #.i. NOt#v COMMERCIAL o , ♦♦ BUSINESS � �.0., $ v♦ CENTER SUBJECT' ''' 'z:I'p slur'MIL ip ..4.741Alr ILOPP 4c, co 111. Skko Ell fili'itAiti 4.). MI /ff _ - 1 r - S s W �: •f :: A? N NO .7 ;: ,e, ._. , • _ _ `� D 100 200 300 400 500 Feet Q� `� ill 1'=381 feet ■_ . , �.__L City'ot'Tiga.rd Information on this map Is for general location only and I 1.�- should be verified with the Development Services Division. / 13125(50)SW 639-4171 H41 1 ._ //[� Tigard,OR 97223 CO I t1111 /._ I - Awn 639gard.all http J/www.cl.tlgard.a,w Community Development Plot date:Dec 20, 1999;C:lmagic\MAGIC03.APR AGENDA TIGARD PLANNING COMMISSION City of Tigard Community ay:lapineu FEBRUARY 7, 2000 — 7:30 P.M. ShapngA BetterCarmm�niity TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 SITE DEVELOPMENT REVIEW (SDR) 1999-00022/PLANNED DEVELOPMENT REVIEW (PDR) 1999-00003 WILLOWBROOK II COMMERCIAL BUSINESS CENTER The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. 6. OTHER BUSINESS 7. ADJOURNMENT Agenda Item: 5.1 Hearing Date: February 7. 2000 Time: 7:30 PM STAFF REPORT TO THE 410. CITY OF TIGARD CITY OF TIGARD PLANNING COMMISSION Community DeveIapment Shaping Better Community 120 DAYS = 4/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: WILLOWBROOK II COMMERCIAL BUSINESS CENTER CASE NO.: Site Development Review (SDR) SDR1999-00022 Planned Development Review (PDR) PDR1999-00003 PROPOSAL: The applicant has requested Site Development Review approval to construct a 5,787.6 square foot building at the Willowbrook Commercial Business Center. Since the property has a Planned Development designation, Planning Commission review is necessary. APPLICANT: Mildren Design Group, P.C. OWNER: Durham/99Associates, Ltd. Attn: Hande Dogu 135 E. 57`h Street 11830 SW Kerr Pkwy., Suite 310 New York, NY 10022 Lake Oswego, OR 97035 COMPREHENSIVE PLAN DESIGNATION: General Commercial ZONING DESIGNATION: C-G; General Commercial (PD overlay); The purpose of the general commercial area is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, animal sales and services, automotive sales and light equipment repairs, among other uses. LOCATION: The subject site is located on the east side of SW Durham Road; WCTM 2S110DC, Tax Lot 02400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the City of Tigard Planning commission APPROVE the proposal subject to certain conditions of approval. The findings and conclusions on which this recommendation is based are noted in Section V of this report. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILING` . PERMITS. (Unless otherwise specified, the Staff contact is Brian Rager with the ° Engineering Department at 503-639-4 ;�' u•mit evi•ence o comp ying wit t e o lowing conditions o t e • arming •!vision. Staff contact: Mathew Scheidegger. 1 . Submitted verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 2. Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by planting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. 3. Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. 4. Submit a revised plan showing the location of 16 bicycle parking stalls. 5. A lighting plan will need to be submitted to the Tigard Police Department for approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 6. Prior to issuance of a site and/or building permit, a Street Opening Permit will be required for this project to cover the water main tap in SW Durham Road. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 7. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 8. The plans for the proposed water main tap shall be reviewed and approved by the Public Works Department as a part of the Street Opening Permit. 9. Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surface in the proposed development and was calculated to be $1,058. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for °-eview and approval: 10. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER , THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE .;. , ;EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION. SECTION III. BACKGROUND INFORMATION Site History: The subject property was annexed into the City in 1972 (ZC 5-72). The property was changed from Washington County P-R, Planned Residential, to City of Tigard P-D, Planned Development. The Tigard Planning Commission recommended approval of the development plan and program for the Summerfield Planned Development, in which a shopping center was to be located, on February 6, 1973 and the Council adopted the Commission's recommendation of February 12, 1973. In September of 1979, A Site Design Review (SDR26-79) was granted for Phase I and II for the Summerfield Commercial Center. In August of 1983, the Planning Commission approved a request to eliminate a tenant mix restriction of 13% financial, 24% office, and 63% retail for this shopping center. In 1996, PDR approval was given to build the same building being applied for in this report but the applicant let the approval expire. Essentially, this application is the same as the approval given in 1996. No other development applications have been filed with the City. Vicinity Information: The subject site is located east of the intersection of SW Pacific Highway and SW Durham Road, west of SW Summerfield Drive. Property to the north and south is zoned C-G (General Commercial) and is developed with commercial uses. Property to the east is zoned R-25 (Residential, 25 units per acre) and is currently developed with the Summerfield Retirement community. Site Information and Proposal Description: The Mildren Design Group is representing Durham/99 Associates, Ltd. Partnership for development of a new 5,787.6 square foot building at Willowbrook II Commercial Business Center. Currently, there are five existing buildings totaling 51,900 square feet. The new building will closely resemble the existing buildings in architectural style and finishes, and will be leased to one or more tenants upon completion. The building is proposed to be office use. SECTION IV. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. General Planned Development Standards 18.350.030 Process) 18.350.070 (Applicability of the Base Zone Development Standards) B. Specific Planned Development Standards 18.715 Density Computation) 18.730 Exceptions to Development Standards) 18.795 Visual Clearance) 18.745 Landscaping and Screening) 18.765 Off-Street Parking and Loading Requirements)( 18.705 Access, Egress & Circulation) 18.780 Signs) C. Additional Planned Development Criteria D. Specific Development Standards 18.390 Impact Study) 18.755 Mixed Solid Waste & Recyclable Storage) 18.790 Tree Removal) E. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Relationship to Site Development Review: As per 18.350.100, the provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. A. GENERAL PLANNED DEVELOPMENT STANDARDS The Planned Development Process: There are three elements to the planned development approval process, as follows: 1. The approval of the planned development overlay zone; 2. The approval of the planned development concept plan; and 3. The approval of the detailed development plan. The site has a Planned Development Overlay. A development plan was approved in 1979. This plan is being modified to add an additional building that requires conceptual and detailed plan approval by the Planning Commission because of the overlay. Decision-Making Process: A new planned development overlay zone and/or concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.100. The detailed development plan shall be reviewed by means of a Type II procedure, as governed by 18.390.040, to ensure that it is substantially in compliance with the approved concept development plan. In the case of an existing planned development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters, which apply to the particular land use application. Concurrent overlay zone and conceptual plan applications. The application for the overlay zone and for approval of the conceptual development plan may be heard concurrently if an application for each of the actions is submitted. Concurrent overlay zone and subdivision applications. If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. The subject site is part of an existing planned development overlay. Therefore, the application will only be subject to those requirements that are particular land use applications. Applicability of the Base Zone Development Standards (18.350.070): Compliance to specific development standards. The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; Site coverage: The site coverage provisions of the base zone shall apply; Building height: The building height provisions shall not apply. The subject site is part of a previously developed planned development. Therefore, lot dimensions do not apply. Site coverage, however, does apply. The total proposed site coverage including all impervious area is 75.2 percent. The Maximum site coverage is 85 percent. Therefore, the standard is met. Structure Setback Provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code requirements for fire walls; and front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER This is an interior structure with a setback only from SW Durham Road. The required setback is 30 feet from the centerline of SW Durham Road. The proposed building has a setback of 60 feet. FINDING: Based on the analysis above, staff finds that the Structure Setback Provisions have been met. Other Provisions of the Base Zone: All other provisions of the base zone shall apply except as modified by this chapter. Other provisions related to the base zone are reviewed in later sections of this report. B. SPECIFIC PLANNED DEVELOPMENT APPROVAL CRITERIA Section 18.350.100.B requires that the Commission make findings that the following criteria are satisfied when approving or approving with conditions, or the criteria are not satisfied when denying an application: All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met. The provisions of Chapters 18.410, Lot Line Adjustments and 18.420, Partitions and 18.430 Subdivisions are not applicable to this proposal. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A maximum of 3% is allowed for the provision of undeveloped common space; (2) A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; (3) A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; (4) A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. The applicant has not submitted any material regarding density calculations because Chapter 18.715 of the Development Code only refers to residential sites. FINDING: Based on the analysis above, staff finds that the section above has been met. Exceptions to Development Standards (18.730): Additional Setback Requirements: Additional setback from specified roadways. To ensure improved light, air, and sight distance and to protect the public health, safety, and welfare, structures in any zoning district which abut certain arterial and collector streets shall be set back a minimum distance from the centerline of the street. Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right-of-way. The required setback distance for buildings on arterial streets is the setback distance required by the zoning district plus the following distances 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER measured from the centerline of the street as contained in Table 18.730.1. The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus 30 feet measured from the centerline of the street as contained in Table 18.730.1. The proposed site is on SW Durham Road, a collector street. Therefore, the building is required to have a 30-foot setback from the centerline of SW Durham Road. The site plan shows a 30-foot setback from the road and a 20-foot setback from the property line. The proposed building is not required to meet the underlying zoning setback because of the flexible setbacks of the Planned Development overlay. FINDING: Based on the analysis above, staff finds the Exceptions to Development Standards are 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 (81 feet in height (8) (trees may be placed within his area provided that all branches below eight.(8)gfeett are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The applicant does not propose any development in the visual clearance area. FINDING: Based on the analysis above, the Visual Clearance standard has been met. Landscaping and Screening (18.745): Street Trees: Section 18.745.040 states that all development projects fronting on a public street shall be reguired to plant street trees_.n- accordance with Section 18.745.040.0 Section 18.745.040.0 required 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). There are existing street trees that were approved by Planning Commission with the original approval for the development. The applicant is not proposing to remove or replace existing street trees. Buffering and Screening: Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. According to the code, the only buffering and screening required is around the parking lot, which is discussed under the Screening Special Provisions section of this report. The only property abutting the subject site is of the same zoning. Therefore, no buffering and screening will be required. Hedges, fences and walls are neither required nor proposed. Therefore, hedges, fences and walls, Setbacks for fences or walls and height restrictions are not applicable and are not discussed in this report. 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 ir. 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. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER As indicated on the site plan, the parking area will be screened with a mixture of Arctostaphyllos u. 'Massachusetts' Acer circinatum (Vine maple) and Dwarf Redtwig Dogwoods. The number of parking stalls associated with this project is 16. Therefore, two parking lot trees are required. The applicant proposes three parking lot trees, which exceeds the tree requirement of one tree for every seven parking spaces. The landscape islands are a minimum of 12 feet wide, also exceeding the standard. Buffer Matrix: The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; an application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. The subject site is zoned general commercial and abuts a general commercial zoned property. According to the Matrix, buffering does not apply. FINDING: Based on the analysis above, staff finds that the Landscaping and Screening Standards have been met. Re-Vegetation (18.745.060): When re-vegetation is required: Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. No natural vegetation is proposed to be removed that isn't going to be occupied by structures. FINDING: Based on the analysis above, staff finds that the Re-vegetation standards do not apply. Off-Street Parking and Loading (18.765): Disabled-accessible parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The applicant has provided detailed parking data for the existing six (6) buildings consisting of a 58,025 square foot commercial center. The parking data indicates that, given the existing uses, the total amount of required parking is 292 spaces. This includes the required 16 spaces for the 5,787.6 square foot building. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The driveway and parking will be asphalt in accordance with the requirements. The number and size of the access drives is regulated by the standards specified in Section 18.705 and is discussed later in this report. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER 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 wally 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. The site plan does not indicate pedestrian walkways that cross vehicle access or parking lots from the new building. Parking Lot Landscaping: Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Parking lot landscaping has been discussed earlier in this report. 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 site plan shows the parking area to be clearly marked. Therefore, this criterion has been satisfied. 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 sto 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. Proposed sidewalks are at least 9 feet wide, which provides for the required 3-foot overhang. Therefore, wheel stops will not be required. Drainage: Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. This standard is discussed under Street and Utility Improvement Standards. Lighting: Lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent district. The applicant has not proposed any lighting. A lighting plan will need to be submitted to the Tigard Police Department for approval. Signs: Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780. The applicant has not proposed any signs. In any event, a separate sign permit will be required from the Development Services Technicians if any signs are proposed, which will be reviewed for compliance with the standards at that time. 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. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The applicant's plans indicate the standard parking spaces will be 9 feet by 18 feet. Three of the stalls will be considered compact stalls, which are 7.5 feet by 16.5 feet, which is within the parameters of this section of the code. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The applicant has indicated that 15 bicycle parking stalls exist and only one stall is required for the new building. These have not been shown on the site plan. A revised plan shall be submitted which shows the provision and location of the 16 bicycle parking spaces, thereby, satisfying this requirement. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided a detail of the bike rack to be used, therefore, staff is unable to confirm that this standard is met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. According to Table 18.765.2, the applicant is required to provide one bicycle parking stall for the proposed 5,787.6 square foot building. The applicant has not shown pre-existing or proposed bicycle parking on the site plan. Therefore, a plan showing bicycle parking will be required in order to satisfy this standard. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for General Office is 2.7 spaces per 1000 square feet. The proposed building is 5,787.6 square feet. Therefore, 16 parking spaces are required for the proposed use. The site plan shows 16 parking spaces which includes one van accessible disabled parking space. 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. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS: • Submit a revised plan showing the location of 16 bicycle parking stalls. • Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. • A lighting plan will need to be submitted to the Tigard Police Department for approval. Access, Egress and Circulation (18.705): 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. The site plan shows existing walkways connect to SW Durham Road from the main entrance. A new sidewalk is proposed at the north and west sides of the proposed building that connect to SW Durham Road. Connection between buildings has been conditioned previously in this report. Therefore, this standard has been met. 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 signposts, and shall be in compliance with ADA standards. Walkways that cross vehicle access driveways or parking lots have been conditioned earlier in this report. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The plans indicate that a walkway will be constructed. 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 less than 100 parking spaces is 30 feet with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The preliminary site plan shows the provision of three (3) access drives. These drives are shown to have widths of 30 feet with 24 feet of pavement. FINDING: Based on the analysis above, staff finds the access, egress, and circulation standards have been met. Signs (18.780): Chapter 18.780. 130.D lists the type of allowable signs and sign area permitted in the C-G Zoning District. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER • No signs have been formally proposed. Signs are reviewed through a separate permit process administered by the Development Services Technicians and will be reviewed for compliance at the time of submittal. FINDING: Because signs will be reviewed and approved as part of a separate permit process, this standard has been satisfied. C. ADDITIONAL CRITERIA FOR PLANNED DEVELOPMENTS Relationship to the Natural and Physical Environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees topography.and natural drainage to the greatest degree possible. Structures located on the site shall not be in areas subject to ground slumping and sliding. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection. The structures shall be oriented with consideration for the sun and wind directions, where possible; and trees preserved to the extent ossible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Ten trees are to be removed during construction of the proposed building and will be mitigated for as discussed later in this report. There has been no evidence of slumping or sliding and the topography is relatively flat. Building Code requirements will cover air, light, and fire protection. FINDING: Based on the analysis above, staff finds that the standard has been met. Buffering, Screening and Compatibility Between Adjoining Uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; The size of the buffer needs in terms of width and height to achieve the purpose; The direction(s) from which buffering is needed; The required density of the buffering; and whether the viewer is stationary or mobile. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: What needs to be screened; The direction from which it is needed; and whether the screening needs to be year-round. The applicant has not submitted material addressing this section of the code. FINDING: The project does not abut a residential zone. No residential service areas or storage areas are involved. No mechanical devises on the rooftop are proposed. Therefore, this standard does not apply. Privacy and Noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise. The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Privacy and noise standards do not apply. Private Outdoor Area -- Multi-Family Use: In addition to the requirements of subparagraph (3), each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet. Wherever possible, private outdoor open spaces should be oriented toward the sun; and private outdoor spaces shall be screened or designed to provide privacy for the use of the space. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 11 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Private outdoor area standards do not apply. Shared Outdoor Recreation Areas -- Multi-Family Use: In addition to subparagraphs (2) and (3) of this section each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows. Studio units up to and including two bedroom units, 200 square feet per unit; and three or more bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety. The required recreation space may be provided as follows. It may be all outdoor space; or it may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or it may be all public or common space; or it may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; or where balconies are added to units, the balconies shall not be less than 48 square feet. The subject property is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Shared outdoor recreation area standards do not apply. Access and Circulation: The number of allowed access points for a development shall be provided in Chapter ter 18.705. All circulation patterns within a development must be designed to accommodate emergency vehicles; and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The access and circulation standard has been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Access and circulation standards have been satisfied earlier in this report. Landscaping and Open Space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section (a) of this subsection, a minimum of 20 percent of the site shall be landscaped; Commercial Development: A minimum of 15 percent of the site shall be landscaped; and Industrial Development: A minimum of 15 percent of the site shall be landscaped. Landscaping requirements have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Landscaping requirements have been satisfied earlier in this report. Public Transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on the location of other transit facilities in the area; and the size and type of the proposed development and the required facilities shall be limited to such facilities as: a waiting shelter; a turn-out area for loading and unloading; and hard surface paths connecting the development to the waiting area. A public transit shelter is already provided on SW Pacific Highway. FINDING: Based on the analysis above, staff finds the Public transit standards have been satisfied. Signs: In addition to the provisions of Chapter 18.780, Signs: Location of all signs proposed for the development site; and the signs shall not obscure vehicle driver's sight distance. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 12 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The Sign standards will be required to meet the requirements of Chapter 18.780 of the Tigard Development Code. FINDING: Based on the analysis above, staff finds the Sign standards can be satisfied during the normal sign permit process. Parkin : All paring and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765. Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. The Parking standards have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Parking standards have been satisfied earlier in this report. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 Master Drainage Plan. The applicant has included a utility plan as part of their submittal material. Therefore, Engineering will review the plan and provide necessary comments. See Engineering comments later in this report. FINDING: Based on the approval of the Engineering Department, this standard will be satisfied. Floodplain Dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The proposed site is not located within the 100-year floodplain. FINDING: Based on the analysis above, the Floodplain standards do not apply. Shared Open Space: Requirements for shared open space. Where the open space is designated on the plan as common open space the following applies: (1) The open space area shall be shown on the final plan and recorded with the Director; and (2) The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 13 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Shared open space has not been discussed or required for this project. D. SPECIFIC DEVELOPMENT STANDARDS Impact Study: Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Public improvements are not required due to existing facilities associated with the planned development. FINDING: Impacts are addressed in the Street and Utility Section of this report. 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 indicate a trash enclosure will be provided, but there is no evidence of proper screening . Therefore, the applicant will be conditioned to submit a plan showing a trash enclosure and proper screening for the facility. FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and recyclable standards, this standard has not been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION:Submit verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 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 rovided 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. The applicant has provided a tree plan that shows a total of 18 trees. Ten of the 18 trees are to be removed. Of the 10 trees to be removed, 4 of them are over 12-inches in diameter equaling 97 caliper inches. Therefore, the applicant will be required to mitigate for 1'vo thirds of the 97 caliper inches. FINDING: Based on the analysis above, the Tree removal standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 14 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITION:Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by planting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street and Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: 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 Tigard Development Code (TDC). Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial street to have an 80 to 90-foot right-of-way width and 12-foot travel lanes. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This development site lies adjacent to SW Durham Road, which is classified as an arterial roadway on the City of Tigard Transportation Plan Map. At present, there is adequate right-of-way (ROW) width, and street improvements on this roadway. No further dedications or improvements are necessary. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-Sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The Willowbrook development made provisions for this building by stubbing out a service lateral to this location. No further public sanitary sewer improvements are necessary. Storm Drainage: General Provisions: Section 18.810.100.A states require developers to make adequate provisions for storm water and floodwater runoff. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 15 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The Willowbrook development considered this building location when master planning was completed. The on-site storm drainage system was sized to accommodate the runoff from this site and a service lateral was provided. No additional modifications to the on-site storm drainage system are necessary. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. This provision of the Tigard Development Code (TDC) was previously addressed as a part of the overall Willowbrook development. No additional requirements are necessary. ADDITIONAL CITY AND/OR AGENCY CONCERNS: Public Water System: This site is served by the City's public water system. The applicant's plan indicates that they plan to tap the main water line in SW Durham Road to serve the new building. This work must be covered in a Street Opening Permit, which shall be obtained prior to issuance of the site and/or building permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) 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. The USA standards recognize certain situations where a site is limited on space. This particular site is a part of a much larger development that was planned and constructed before water quality facilities were required. The site area is only 17,669 square feet, and if the applicant were to try to provide a facility, effective development of the site would be precluded. Therefore, Staff recommends that the applicant pay the fee in-lieu of a water quality facility, as provided by the USA standards. The total impervious area to be added to this site (including building and paved areas) is 13,299 square feet. Based upon that area, the fee in-lieu would be $1,058. The fee shall be paid to the City prior to issuance of the site and/or building permit. 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 16 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposal and has offered no objections or comments. The City of Tigard Utility Department has reviewed the proposal and has offered the following comments: Developer/owner to provide minimum of double check valve assembly (backflow protection) directly behind water meter. Also, we will require that additional double check valve assembly on the irrigation line. All meter fees must be paid prior to City installing water service and meter. The City of Tigard Police Department has reviewed the proposal and has offered no objections or comments. The City of Tigard Engineering Department reviewed the proposal and has offered comments that have been incorporated into this report. The City of Tigard Property Manager has reviewed the proposal and has offered no objections or comments. The City of Tigard Long Range Planning Department has reviewed the proposal and has offered no objections or comments. SECTION VII. AGENCY COMMENTS PGE has reviewed the proposal and has no objections to it. AT&T Cable has reviewed the proposal and has no objections to it. Unified Sewerage Agency has had the opportunity to review the proposal and offered the following comment: E/C permit for area disturbal during construction is required. January 28, 2000 PREP - _ ■Y Mathew-S egger DATE Assistant Planner Oblir January 28, 2000 APPROVED BY: Richard Bewer do DATE Planning Manage is\cu rpl n\Mathew\sd r\sd r 1999-00022.rpt.d oc 2/7/2000 PUBLIC HEARING-STAFF REPORT TO THE PLANNING COMMISSION PAGE 17 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER zr a SW PACIFIC HIGHWAY (99W) s N @ 0 ci . - ,�i7 O -I( 6, rn e.�r- :1• Q I to } e •b O i Ii-4-4.den'fit 7=t P.:a. "', .�6FI1NG r M ExISrrK]EM.Q l�B 4l r. i... la u CO rri m kik,> 1 5 (lit °6, 0 A _vv_w_i"-t" O li 11__ 1.1,, 0 0 .1l9 0 A \ o 10 P:I . t .. . 111/ 0 �V� , � '.yr-� o I '11:49-)At, m MI;p. 4 \ \ • { r _ \ �t j L d ;w A 1 ma jIiiiI . : :; .w , ■tea y r ,:4,:. PROPOSED.•::: la .;.� BUILDING F,::r? . o.... • ••u. . p o ■p _ mo � ...........,<H:,=�..• to • r EXISThat3p1D112 • L -I xi m° p361 V & 0 inallo •,� 42 0 ' ,o 3 O SEE A1.2 FOR PLAN IVO.!: f '��ir... - . N I ' " n N n • I- n m z -I m' CITY OF TIGARD PLANNING DIVISION l® . I CITY of TIGARD Bit �� . (�U GEOGRAPHIC INFORMATION SYSTEM ve4- ■ .0 * fit.\���� ����,` `, ,� HI aQ B3 Sr VICINITY MAP ,t.so`'��� N I f#1 . . Plin SW _ SD R 1999-00022 '''' Qc-v #### At a ,.*- A,4- � £ - WILLOWBROOK II #0.■0V‘<c), I■ �� COMMERCIAL ea,10��\PQ,, �• �� BUSINESS °I 0 •• f SUB ECT .. CENTER MIL i•. ', �•' '' SITE NIL • L7 11;e4 44# 4. co •-lc * o kr h 6i** V 4 co ALF Sly /§" —, —NwRo ■ LB r •& .• EL as ■r la A Oa Mr �. N II 7■ E .r u \� I (� 0 100 200 300 400 500 Feet}S. V s a� 1'4 381 feet S� y 1 0 A i 1 \ -., — 7 City of Tigard InfomuOon on this map Is for general location only and should be verified v4th the Development Serdoes Division. _ 13125 SW Hall Blvd - Tigard,, . 97223 (503)639-4171 ,� httpJM�ww.d.6gard.or.ua Community Development Plot date:Dec 20, 1999;C:lmagic\MAGIC03.APR NOTICE TO MORTGAGEE, LIENHO R,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES 1�„, IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. • �I 1►+ CITY OF TIGARD Community(Development Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, FEBRUARY 7, 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO.: SITE DEVELOPMENT REVIEW[SDRI 1999-00022 PLANNED DEVELOPMENT REVIEW[PDRI 1999-00003 FILE TITLE: WILLOWBROOK II COMMERCIAL BUSINESS CENTER APPLICANT: Mildren Design Group, P.C. OWNER: Durham/9h9 Assoc. Ltd. Partnership Attn: Hande Doggu 135 E. 57` Street 11830 SW Kerr Parkway, Suite 310 New York, NY 10022 Lake Oswego, OR 97035 REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SDR1999-00022/PDR1999-00003—WILLOWBROOK II COMMERCIAL BUSINESS CENTER NOTICE OF 2/7/2000 PLANNING COMMISSION PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE ; DOCUMENTS LESS THAN 7 DAYS DR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ,-■LLOW A CONTINUANCE OF THE HE,- rcING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND MAY PRECLUDE AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED MAY PRECLUDE AN APPEAL TO THE LAND USE BOARD OF APPEALS (LUBA) BASED ON THAT ISSUE. 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 (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY—FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MATHEW SCHEIDEGGER AT (503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CITY of TIGARD ‘ zi s ii, ect. GEOORAInIC INI,ORMATION SYMY U geo,i, r VICINITY MAP '•'" ���� �� I a. Sw SDRI 999-00022 -. /4'dJ • m goo. WILLOWBROOK II �� COMMERCIAL �O� BUSINESS �� � SS A*• • SUBJECT ., CENTER ,,;'' S,�,'' SITE �,''` at IN i k ..,""iii I. ° 1.,),,,,,,,,t,. m,,, p1 I1 i. N ;: � r - ■■■ 1 0 500 200 300 400 500 F..1 ,II i= �e — ,,m„� 1 NI ?mom N 1■i -:= = _Z V co,of Tigard 11 'I {��yI 'w d be w - oar Lo,nor S.M .My YW I L-J -- _ �I�uIE w..nll�e x.131 25 W HU Bw+SaNCa.D.A.lon. 1]125 SW HW&b TIyrE,IXt Y1725 (SOl1��111 SDR1999-00022/PDR1999-00003-WILLOWBROOK II COMMERCIAL BUSINESS CENTER NOTICE OF 2/7/2000 PLANNING COMMISSION PUBLIC HEARING NOTICE TO MORTGAGEE, LIEN _DER,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 TYO OF CITY TIGARD Community Development Shaping A Better Community 500-FOOT PROPERTY OWNER NOTICE DATE OF NOTICE: December 20, 1999 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 1999-00022 FILE NAME: WILLOWBROOK II COMMERCIAL BUSINESS CENTER PROPOSAL: The applicant proposes to construct a 5,787.6 square foot commercial building. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. 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 JANUARY 3, 2000. All comments should be directed to Mathew Scheidegger, Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. 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 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 Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PE.• ) CLOSES, THE DIRECTOR SHALL ISSUE 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." ��""`�� ►� , ,gia a� VICINITY MAP �, � ,����+� A,,,. 'S �:::: WILLOWBROOK II � / ♦ ';�, '�� 6 P COMMERCIAL BUSINESS ��'"� �� ■•� SUBJECT CENTER � ;; , '.��■�.■ s' SITE ' . ,. . of •y, ii!. ♦\ 71 In sommow lit I _ III ��,' N g> c ee . ma No WO 400 500 FM E.111 • Ak\ •10 0 111 := ciryorTigard hi ■C C .,,.,,,..,,,..,.„•.......,...., 111 — , _ I ` / ..mt.sw.,rw \ //. ir.s.any pwl wa.. REQUEST FOR COMMENTS 411' REQUEST FOR COMMENTS CI TIIGARD Community Development RECEIVED PLoiso Shaping Better Community DATE: December 20,1999 TO: Julia Huffman,USA/SWM Program JAN 1 0 2000 f, FP I j Vii? FROM: City of Tigard Planning Division CITY OF TIGARD DEC 2 2 i u � I u • STAFF CONTACT: Mathew Scheidegger,Assistant Planner[(3171 gy Phone: 15031639-4171/Fax: 15031684-7297 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: v (Please provide the following information)Name of Person[sl Commenting: 1 M /� f ' I Phone Number[sl: V 6AP I01�1 / Urn UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY RECEIVED PLANNING MEMORANDUM JAN 1 0 2000 CITY OF TIGARD DATE: January 6, 2000 TO: Mathew Scheidegger, City of Tigard FROM: Julia Huffman, USA A. SUBJECT: Willowbrook II commercial Business Center, SDR 1999-00022 SANITARY SEWER The development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition or current R&O or amendments). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R&O 96-44. STORM SEWER The development should have access to public storm sewer. Engineer should verify that public storm sewer is available to uphill adjacent properties, or extend storm service as required by R&O 96-44 or amendments. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124-3072 FAX:503/640-3525 MEMORANDUM CITY OF TIGARD, OREGON DATE: January 24, 2000 TO: Matt Scheidegger, Assistant Planner FROM: Brian Rager, Development Review Engineer -- RE: SDR 1999-00022, Willowbrook II Commercial Business Center 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 an arterial street to have a 80 to 90-foot right-of-way width and 12-foot travel lanes. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This development site lies adjacent to SW Durham Road, which is classified as an arterial roadway on the City of Tigard Transportation Plan Map. At present, there is adequate right-of-way (ROW) width, and street improvements on this roadway. No further dedications or improvements are necessary. 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 ENGINEERING COMMENTS PAGE 1 Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The Willowbrook development made provisions for this building by stubbing out a service lateral to this location. No further public sanitary sewer improvements are necessary. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. 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 the Unified Sewerage agency in 1996 and including any future revisions or amendments). The Willowbrook development considered this building location when master planning was completed. The onsite storm drainage system was sized to accommodate the runoff from this site and a service lateral was provided. No additional modifications to the onsite storm drainage system are necessary. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: ENGINEERING COMMENTS PAGE 2 • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. This provision of the TDC was previously addressed as a part of the overall Willowbrook development. No additional requirements are necessary. ADDITIONAL CITY AND/OR AGENCY CONCERNS: Public Water System: This site is served by the City's public water system. The applicant's plan indicates that they plan to tap the main water line in SW Durham Road to serve the new building. This work must be covered in a Street Opening Permit which shall be obtained prior to issuance of the site and/or building permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus ENGINEERING COMMENTS PAGE 3 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. The USA standards recognize certain situations where a site is limited on space. This particular site is a part of a much larger development that was planned and constructed before water quality facilities were required. The site area is only 17,669 square feet, and if the applicant were to try to provide a facility, effective development of the site would be precluded. Therefore, Staff recommends that the applicant pay the fee in-lieu of a water quality facility, as provided by the USA standards. The total impervious area to be added to this site (including building and paved areas) is 13,299 sf. Based upon that area, the fee in-lieu would be $ 1 ,058.00. The fee shall be paid to the City prior to issuance of the site and/or building permit. Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 1. Prior to issuance of a site and/or building permit, a Street Opening Permit will be required for this project to cover the water main tap in SW Durham Road. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. ENGINEERING COMMENTS PAGE 4 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. The plans for the proposed water main tap shall be reviewed and approved by the Public Works Department as a part of the Street Opening Permit. 4. Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development and was calculated to be $ 1,058.00. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 5. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. \\t ig333\usr\depts\eng\brianr\commentslsd rlsd r 1999-00022.bdr.doc ENGINEERING COMMENTS PAGE 5 REQUEST FOR COMMENTS CITY OFTIIGARD Community Development Shaping A Better Community DATE: December 20,1999 RECEIVED PLANNING TO: Gary lampella,Building Official JAN 1 8 2000 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Mathew Scheidegger,Assistant Planner(x3171 Phone: [5031 639-4111/Fax: [5031684-1297 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: / //8/Ztfoo - 1-i15 � _...UFO -: 5.47viF pi ' p' roust , Comte,c..�rS 0AI 7 'S hAJE /VDT C'L -JG'r-f-i> V (Please provide the following information)Name of Person's)Commenting: I Phone Number[sl: *3q2 I REQUEST FOR COMMENTS CI O TIIGARD Community Development Shaping A Better Community DATE: December 20,1999 TO: Michael Miller,Operations Utility Manager F iECEtVED PLANNING FROM: City of Tigard Planning Division JAN 0 6 2000 STAFF CONTACT: Mathew Scheidegger,Assistant Planner(x311) GM OF TIGAFID Phone: (503)639-4171/Fax: (5031684-1291 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: r)EVE Q`i c.) iP(I.Z>i 1 Off. fu r La6 C1 c- vAtivt>; Assf46vi (Lk - let-or6e-no�l Nrier rLtf WA-TE-22.- ME7W � 1 LJA- Li),IA- t 111-C 40O f Tf c,M - Da lit/.i L.E (..f 6C/L V, La/E ASS DN Tie") 41E7'6:2. FFF_ 5 /AA sr /3e- 2, /O /°/L/aYL- T C/T`-/ /ACSTi'9L.Un)t /.J/a reit. 56-/wict AA-D 4'6rL71 (Please provide the following information)Name of Persons)Commenting: I Phone Number(s): REQUEST FOR COMMENTS I CITY O TIGARD Community DeveCopment Shaping si Better Community DATE: December 20,1999 TO: Lori Barney,US West Communications RECEIVED PLANNING FROM: City of Tigard Planning Division DEC 2 3 1999 STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 CITY OF TIGARD Phone: [503)639-4111/Fax: [5031684-1291 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3;.2000. 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 rovided below: 7` CT JA G()(5 7 - ,e/ro.e/ (Please provide the following information)Name of Person[sl Commenting: I Phone Number[sl: 242 I REQUEST FOR COMMENTS CITY O TIGARD Community Development Shaping A Better Community DATE: December 20,1999 RECEIVED PLANNING TO: Brian Moore,PGE Service Design Consultant FROM: City of Tigard Planning Division DEC 2 7 1999 CITY OF TIGARD STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x311) Phone: (5031639-4171/Fax: 15031684-1291 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK 11 COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: 4 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: v (Please provide the following information)Name of Person[s1 Commenting: .k D a [Phone Number[s1: 5Jc Dec-23-99 08: 33A TCI +._Helens 503 397 5686 P .03 T TE1 I RECEIVED PLANNING DEC 2 3 1999 CITY OF TIGARD FAX COVER SHEET DATE: /` - / T I ME: � CS- r'7 rl-) TO : .t,�C•i c- /:-,t°L , • t• 21 Le 2,- (-3 ?FROM : / G ixilC'-%C.% car Tt TUALATIN VALLEY 14200 S .W. BRIGADOON CT. BEAVERTON , OREGON 97005 PHONE : ( 503) 605-4895 FAX : ( 503) 646-8004 NUMBER OF PAGES IN THIS TRANSMISSION INCLUDING THIS COVER SHEET: NOTES : ICJ at Tualatin Valley,Inc. 1.200 S.W.Brigadoon Court 8eavertor.OR 97005 (509)605.4895 FAX(503)646-8004 An Eaua!Cppormnny Employer Dec-23-99 08. 34A TCI c'+. . Helens 503 397 5686 P _ 04 r REQUEST FOR COMMENTS CIT O TI,GARD ('irmmunity cv:lopm€nt shaping A Bet ter community DATE: December 20,1999 TO: Pat McGann,AT&T Cable FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 Phone: (503)639-4171!Fax: 15031684-7297 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 %- WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: Ofease provide tfi,fir(ro;ctirl imip1nrniticm)Name of Person(s)Commenting: l I-i 7 /LC(' �-iN Al Phone Numberfsl: K. � S - ,5�_ 1 REQUEST FOR COMMENTS CITY o TIIGARD Community Development Shaping A Better Community DATE: December 20,1999 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division AEcENED `A�N`NG STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3171 DEC 2 3 1999 Phone: [5031639-4171/Fax: [5031684-1297 CM of Tt PBD SITE DEVELOPMENT REVIEW (SDR) 1 999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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. PLLASE 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: v (Please provide the following information)Name of Person[sl Commenting: 3. YJ0\k I Phone Number[sl: '10101-1 titiO I I;a REQUEST FOR COMMENTS CIAO TIIGARD Community Development Shaping A Better Community DATE: December 20,1999 RECEIVED PLANNING TO: John Roy,Property Manager/Operations Department • FROM: City of Tigard Planning Division DEC 2 2 1999 CITY OF TIGARD STAFF CONTACT: Mathew Scheidegger,Assistant Planner 1x3171 Phone: 15031639-4171/Fax: (5031684-1291 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: _,ice 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: 0*-(Piar leas th e provide e following information)Name of Person(s)Commenting: I Phone Numberlsl: '` J A REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping A Better Community DATE: December 20,1999 TO: Nadine Smith,Long Range Planning Supervisor RECEIVED PLANNING FROM: City of Tigard Planning Division DEC 2 3 1999 STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3111 CITY OF TIGARD Phone: [5031639-4111/Fax: [5031684-7291 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 ➢ WILLOWBROOK II COMMERCIAL BUSINESS CENTER G REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: v (Please provide the following information)Name of Person's]Commenting: I Phone Number's]: REQUEST FOR COMMENTS oFTI;ARD Community Development Shaping A Better Community DATE: December 20,1999 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner 1x3171 Phone: 15031639-4171/Fax: 15031684-7297 SITE DEVELOPMENT REVIEW (SDR) 1999-00022 ➢ WILLOWBROOK II COMMERCIAL BUSINESS CENTER REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Attached are the Site Plan, Vicinity Map and Applicant's Statement 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: JANUARY 3, 2000. 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: v � (Please provide the following information)Name of Person[sl Commenting: Phone Numberlsl: CITY ..-. TIGARD REQUEST FOR COE._.INTS NOTIFICATION LIST FOR LAND USE a COMMUNITY DEVELOPMENT APPLICATIONS CIT Area: [Cl [El [Sl[Wl CITIZEN INVOLVEMENT TEAMS LB Place for review in library CIT Book(sl FILE NMI.: S.I/ 9%- z-- FILE NAMEIS1: //6rz1zli' - C�1 F �ir. CITY OFFICES (� LONG RANGE PLANNING/Nadine Smith,svwno, _COMMUNITY DVLPMNT.DEPT./cMpmnt Svcs Technicians POLICE DEPT./Jim Wolf,Gime Prevention officer BUILDING DIVISION/Gary Lampella,Biding of&iat _ENGINEERING DEPT./Brian Rager,Dvlpmnt Review Engineer WATER DEPT./Michael Miller,Utilities Managar CITY ADMINISTRATION/Cathy Wheatley,CityR.corder j OPERATIONS DEPT./John Roy,Propertyuanager OTHER SPECIAL DISTRICTS _TUAL.HILLS PARK&REC.DIST.*_TUALATIN VALLEY FIRE&RESCUE* _TUALATIN VALLEY WATER DISTRICT* UNIFIED SWRGE.AGENCY in Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 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 _US ARMY CORPS.OF ENG. .& Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV DVLP. 333 SW First Avenue _ Mel Huie,Greenspaces Coordinator(CPA/ZGA) Larry French PO Box 2946 CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY King City,OR 97224 _ OR.DEPT.OF ENERGY(PowerinesinArea) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue CITY OF LAKE OSWEGO * Routing TTRC—Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis ccpA) Lake Oswego,OR 97034 _Scott King(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Mike Borreson(Engineer) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) Sonya Kazen,Development Review Coordinator _Jim Tice(IGA) David Knowles,Planning Bureau Din Regional Administrator Carl Toland, Right-of-Way Section(Vacations) _Tom Harry(General Apps) Portland Building 106,Rm. 1002 2020 SW Forth Avenue,Suite 400 123 NW Flanders _Phil Healy(General Apps) 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Sr.Cartographericpazcai«Si. Portland,OR 97204 _Jim Nims acA)Ms 1s ODOT,REGION 1 -DISTRICT 2A* Doria Mateja acA)MS 14 Jane Estes,Permit Specialist 5440 SW Westgate Drive,Suite 350 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern Santa Fe R/R Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS TCI CABLEVISION OF OREGON TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann Michael Kiser,Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 Portland,OR 97232 / Beaverton,OR 97006-4886 PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY GENERAL TELEPHONE -US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Lori Dorney,Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: 0R030546 8021 SW Capitol Hill Rd,Rm 11 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _TCI CABLE(Apps.EofHaIVNof99W) Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006 Portland,OR 97232 INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INIERODIERNMENTAI AGREEMENIJE WIIHIN_S0Q OF THE SUBJECT PROPERTY FOR ANY/ALL(ITY PROJECTS(Protect Planner Is Responsible For Indicating Parties To Notify). h:\patiy\masters\Request For Comments Notification List.doc 5-Oct-99 MAILING RECORDS AFFIDAVIT OF MAILING A CITY OF TIGARD Community(Development Shaping A Better Community STATE OE O EGow ) County of'Washington )ss. City of igard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of'Tigard,Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) NOTICE OF PENDING LAND USE APPLICATION FOR: AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: / ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council © NOTICE OF FINAL ORDER NO.2000-01 PC FOR:, 7 SDR1999-00022/PD1999-00003-WILLOWBROOK II COMMERCIAL BUSINESS CNTRI 2/7/2000 ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission ❑ Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: I (File No./Name Reference) (Date of Public Heanng,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEIS] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",on February 18,2000;-and d:•osited intthe United States Mail on February 18,2000, postage prepaid. • (Pe on t t Prepared Not e) Subscribed and sworn/affirmed before me on the )Cr day of Vu , 2000. `?±,; OFFICIAL SEAL �f_ NOTARYMP BSc N A LIC OF ORE ON `«� COMMISSION N0.323409 � n 1/ MY COMMISSION EXPIRES MAY 13,2003 My Commission Expires: Y�1`Q-y 1?) 200 L ABU A . , 120 DAYS-4/12/2000 CITY OF TIGARD Community Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 2000-01 PC BY THE PLANNING COMMISSION Case Numbers: SITE DEVELOPMENT REVIEW (SDR) 1999-00022 PLANNED DEVELOPMENT REVIEW (PD) 1999-00003 Case Name: WILLOWBROOK II COMMERCIAL BUSINESS CENTER Name of Owners: Durham/99 Associates. Ltd. Partnership Name of Applicant: Mildren Design Group, P.C. Attn: Hande Dogu Address of Applicant: 11830 SW Kerr Parkway, Suite 310. Lake Oswego. Oregon 97035 Address of Property: 11565 SW Durham Road Tax Map/Lot Nos.: WCTM 2S110DC, Tax Lot 02400 Request:4 THE PLANNING COMMISSION HELD A PUBLIC HEARING ON FEBRUARY 7, 2000 AND VOTED TO APPROVE SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF IN THE ATTACHED FINAL ORDER, A REQUEST TO CONSTRUCT A 5,787.6 SQUARE FOOT COMMERCIAL BUILDING. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. Action:4 ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of Record Within the Required Distance © Affected Government Agencies © The Affected Citizen Involvement Team Facilitator 13 The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON FEBRUARY 18, 2000 AND BECOMES EFFECTIVE ON MARCH 7, 2000 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority 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. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON MARCH 6, 2000. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. CITY OF TIGARD, OREGON , PLANNING COMMISSION CITY OF TIGARD FINAL ORDER NO. 2000-0I PC Community Bctteveoommuni ShvpinflA Better Community A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A SITE DEVELOPMENT REVIEW AND PLANNED DEVELOPMENT REVIEW APPLICATION. THE CITY OF TIGARD PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON FEBRUARY 7, 2000 AND HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL BELOW. 120 DAYS = 4/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: WILLOWBROOK II COMMERCIAL BUSINESS CENTER CASE NO.: Site Development Review (SDR) SDR1999-00022 Planned Development Review (PDR) PDR1999-00003 PROPOSAL: The applicant has requested Site Development Review approval to construct a 5,787.6 square foot building at the Willowbrook Commercial Business Center. Since the property has a Planned Development designation, Planning Commission review is necessary. APPLICANT: Mildren Design Group, P.C. OWNER: Durham/99Associates, Ltd. Attn: Hande Dogu 135 E. 57th Street 11830 SW Kerr Pkwy., Suite 310 New York, NY 10022 Lake Oswego, OR 97035 COMPREHENSIVE PLAN DESIGNATION: General Commercial ZONING DESIGNATION: C-G; General Commercial (PD overlay); The purpose of the general commercial area is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, animal sales and services, automotive sales and light equipment repairs, among other uses. LOCATION: The subject site is located on the east side of SW Durham Road; WCTM 2S110DC, Tax Lot 02400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.360, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed Site Development Review/Planned Development Review meets the applicable approval criteria of the Tigard Community Development Code and that the proposal will not adversely affect the health, safety and welfare of the City. The Planning Commission, therefore, APPROVES the request subject to the following conditions of approval: PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 1 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILING PERMITS. (Unless otherwise specified, the Staff contact is Brian Rager with the � ngineerirg Department at 503-639 . u•mit evi•ence o complying with the following conditions o e • arming l ivision. Staff contact: Mathew Scheidegger. 1 . Submitted verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 2. Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by planting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. 3. Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. 4. Submit a revised plan showing the location of 16 bicycle parking stalls. 5. A lighting plan will need to be submitted to the Tigard Police Department for approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 6. Prior to issuance of a site and/or building permit, a Street Opening Permit will be required for this project to cover the water main tap in SW Durham Road. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 7. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 8. The plans for the proposed water main tap shall be reviewed and approved by the Public Works Department as a part of the Street Opening Permit. 9. Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surface in the proposed development and was calculated to be $1,058. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 10. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 2 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION. SECTION III. BACKGROUND INFORMATION Site History: The subject property was annexed into the City in 1972 (ZC 5-72). The property was changed from Washington County P-R, Planned Residential, to City of Tigard P-D, Planned Development. The Tigard Planning Commission recommended approval of the development plan and program for the Summerfield Planned Development, in which a shopping center was to be located, on February 6, 1973 and the Council adopted the Commission's recommendation of February 12, 1973. In September of 1979, A Site Design Review (SDR26-79) was granted for Phase I and II for the Summerfield Commercial Center. In August of 1983, the Planning Commission approved a request to eliminate a tenant mix restriction of 13% financial, 24% office, and 63% retail for this shopping center. In 1996, PDR approval was given to build the same building being applied for in this report but the applicant let the approval expire. Essentially, this application is the same as the approval given in 1996. No other development applications have been filed with the City. Vicinity Information: The subject site is located east of the intersection of SW Pacific Highway and SW Durham Road, west of SW Summerfield Drive. Property to the north and south is zoned C-G (General Commercial) and is developed with commercial uses. Property to the east is zoned R-25 (Residential, 25 units per acre) and is currently developed with the Summerfield Retirement community. Site Information and Proposal Description: The Mildren Design Group is representing Durham/99 Associates, Ltd. Partnership for development of a new 5,787.6 square foot building at Willowbrook II Commercial Business Center. Currently, there are five existing buildings totaling 51,900 square feet. The new building will closely resemble the existing buildings in architectural style and finishes, and will be leased to one or more tenants upon completion. The building is proposed to be office use. SECTION IV. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. General Planned Development Standards 18.350.030 (Process) 18.350.070 pplicability of the Base Zone Development Standards) B. Specific Planned Development Standards 18.715 Density Computation) 18.730 Exceptions to Development Standards) 18.795 Visual Clearance) 18.745 Landscaping and Screening) 18.765 Off-Street Parking and Loading Requirements)( 18.705 Access, Egress & Circulation) 18.780 Signs) C. Additional Planned Development Criteria D. Specific Development Standards 18.390 Impact Study) 18.755 Mixed Solid Waste & Recyclable Storage) 18.790 Tree Removal) E. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 3 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Relationship to Site Development Review: As per 18.350.100, the provisions of Chapter 18.360, Site Development Review, are not applicable to Planned Development Reviews. The detailed development plan review is intended to address the same type of issues as the Site Development Review. A. GENERAL PLANNED DEVELOPMENT STANDARDS The Planned Development Process: There are three elements to the planned development approval process, as follows: 1. The approval of the planned development overlay zone; 2. The approval of the planned development concept plan; and 3. The approval of the detailed development plan. The site has a Planned Development Overlay. A development plan was approved in 1979. This plan is being modified to add an additional building that requires conceptual and detailed plan approval by the Planning Commission because of the overlay. Decision-Making Process: A new planned development overlay zone and/or concept plan shall be processed by means of a Type III-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.100. The detailed development plan shall be reviewed by means of a Type II procedure, as governed by 18.390.040, to ensure that it is substantially in compliance with the approved concept development plan. In the case of an existing planned development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters, which apply to the particular land use application. Concurrent overlay zone and conceptual plan applications. The application for the overlay zone and for approval of the conceptual development plan may be heard concurrently if an application for each of the actions is submitted. Concurrent overlay zone and subdivision applications. If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently. The subject site is part of an existing planned development overlay. Therefore, the application will only be subject to those requirements that are particular land use applications. Applicability of the Base Zone Development Standards (18.350.070): Compliance to specific development standards. The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; Site coverage: The site coverage provisions of the base zone shall apply; Building height: The building height provisions shall not apply. The subject site is part of a previously developed planned development. Therefore, lot dimensions do not apply. Site coverage, however, does apply. The total proposed site coverage including all impervious area is 75.2 percent. The Maximum site coverage is 85 percent. Therefore, the standard is met. Structure Setback Provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code requirements for fire walls; and front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 4 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER This is an interior structure with a setback only from SW Durham Road. The required setback is 30 feet from the centerline of SW Durham Road. The proposed building has a setback of 60 feet. FINDING: Based on the analysis above, staff finds that the Structure Setback Provisions have been met. Other Provisions of the Base Zone: All other provisions of the base zone shall apply except as modified by this chapter. Other provisions related to the base zone are reviewed in later sections of this report. B. SPECIFIC PLANNED DEVELOPMENT APPROVAL CRITERIA Section 18.350.100.B requires that the Commission make findings that the following criteria are satisfied when approving or approving with conditions, or the criteria are not satisfied when denying an application: All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met. The provisions of Chapters 18.410, Lot Line Adjustments and 18.420, Partitions and 18.430 Subdivisions are not applicable to this proposal. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: (1) A maximum of 3% is allowed for the provision of undeveloped common space; (2) A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; (3) A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; (4) A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. The applicant has not submitted any material regarding density calculations because Chapter 18.715 of the Development Code only refers to residential sites. FINDING: Based on the analysis above, staff finds that the section above has been met. Exceptions to Development Standards (18.730): Additional Setback Requirements: Additional setback from specified roadways. To ensure improved light, air, and sight distance and to protect the public health, safety, and welfare, structures in any zoning district which abut certain arterial and collector streets shall be set back a minimum distance from the centerline of the street. Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right-of-way. The required setback distance for buildings on arterial streets is the setback distance required by the zoning district plus the following distances PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 5 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER measured from the centerline of the street as contained in Table 18.730.1. The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus 30 feet measured from the centerline of the street as contained in Table 18.730.1. The proposed site is on SW Durham Road, a collector street. Therefore, the building is required to have a 30-foot setback from the centerline of SW Durham Road. The site plan shows a 30-foot setback from the road and a 20-foot setback from the property line. The proposed building is not required to meet the underlying zoning setback because of the flexible setbacks of the Planned Development overlay. FINDING: Based on the analysis above, staff finds the Exceptions to Development Standards are 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 his area provided that all branches below eight (8j feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30--foot distance points with a straight line. The applicant does not propose any development in the visual clearance area. FINDING: Based on the analysis above, the Visual Clearance standard has been met. Landscaping and Screening (18.745): Street Trees: Section 18.745.040 states that all development projects frontin on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required 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). There are existing street trees that were approved by Planning Commission with the original approval for the development. The applicant is not proposing to remove or replace existing street trees. Buffering and Screening: Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. According to the code, the only buffering and screening required is around the parking lot, which is discussed under the Screening Special Provisions section of this report. The only property abutting the subject site is of the same zoning. Therefore, no buffering and screening will be required. Hedges, fences and walls are neither required nor proposed. Therefore, hedges, fences and walls, Setbacks for fences or walls and height restrictions are not applicable and are not discussed in this report. 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 6 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER As indicated on the site plan, the parking area will be screened with a mixture of Arctostaphyllos u. 'Massachusetts' Acer circinatum (Vine maple) and Dwarf Redtwig Dogwoods. The number of parking stalls associated with this project is 16. Therefore, two parking lot trees are required. The applicant proposes three parking lot trees, which exceeds the tree requirement of one tree for every seven parking spaces. The landscape islands are a minimum of 12 feet wide, also exceeding the standard. Buffer Matrix: The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; an application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. The subject site is zoned general commercial and abuts a general commercial zoned property. According to the Matrix, buffering does not apply. FINDING: Based on the analysis above, staff finds that the Landscaping and Screening Standards have been met. Re-Vegetation (18.745.060): • When re-vegetation is required: Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. No natural vegetation is proposed to be removed that isn't going to be occupied by structures. FINDING: Based on the analysis above, staff finds that the Re-vegetation standards do not apply. Off-Street Parking and Loading (18.765): Disabled-accessible parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The applicant has provided detailed parking data for the existing six (6) buildings consisting of a 58,025 square foot commercial center. The parking data indicates that, given the existing uses, the total amount of required parking is 292 spaces. This includes the required 16 spaces for the 5,787.6 square foot building. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The driveway and parking will be asphalt in accordance with the requirements. The number and size of the access drives is regulated by the standards specified in Section 18.705 and is discussed later in this report. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 7 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER 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. The site plan does not indicate pedestrian walkways that cross vehicle access or parking lots from the new building. Parking Lot Landscaping: Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Parking lot landscaping has been discussed earlier in this report. 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 site plan shows the parking area to be clearly marked. Therefore, this criterion has been satisfied. 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 sto 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. Proposed sidewalks are at least 9 feet wide, which provides for the required 3-foot overhang. Therefore, wheel stops will not be required. Drainage: Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. This standard is discussed under Street and Utility Improvement Standards. Lighting: Lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent district. The applicant has not proposed any lighting. A lighting plan will need to be submitted to the Tigard Police Department for approval. Signs: Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780. The applicant has not roposed any signs. In any event, a separate sign permit will be required from the Development Services Technicians if any signs are proposed, which will be reviewed for compliance with the standards at that time. 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 8 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The applicant's plans indicate the standard parking spaces will be 9 feet by 18 feet. Three of the stalls will be considered compact stalls, which are 7.5 feet by 16.5 feet, which is within the parameters of this section of the code. Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The applicant has indicated that 15 bicycle parking stalls exist and only one stall is required for the new building. These have not been shown on the site plan. A revised plan shall be submitted which shows the provision and location of the 16 bicycle parking spaces, thereby, satisfying this requirement. Bicycle Parking Design Requirements: Section 18.765.050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided a detail of the bike rack to be used, therefore, staff is unable to confirm that this standard is met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. According to Table 18.765.2, the applicant is required to provide one bicycle parking stall for the proposed 5,787.6 square foot building. The applicant has not shown pre-existing or proposed bicycle parking on the site plan. Therefore, a plan showing bicycle parking will be required in order to satisfy this standard. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for General Office is 2.7 spaces per 1000 square feet. The proposed building is 5,787.6 square feet. Therefore, 16 parking spaces are required for the proposed use. The site plan shows 16 parking spaces which includes one van accessible disabled parking space. 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. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 9 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITIONS: ' . ' • Submit a revised plan showing the location of 16 bicycle parking stalls. • Submit a revised plan providing pedestrian safety walkways that cross vehicle access driveways or parking lots from the proposed building. • A lighting plan will need to be submitted to the Tigard Police Department for approval. Access. Egress and Circulation (18.705): 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. The site plan shows existing walkways connect to SW Durham Road from the main entrance. A new sidewalk is proposed at the north and west sides of the proposed building that connect to SW Durham Road. Connection between buildings has been conditioned previously in this report. Therefore, this standard has been met. 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 signposts, and shall be in compliance with ADA standards. Walkways that cross vehicle access driveways or parking lots have been conditioned earlier in this report. 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 athways may be provided only if such pathways are provided in addition to required pathways. The plans indicate that a walkway will be constructed. 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 less than 100 parking spaces is 30 feet with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The preliminary site plan shows the provision of three (3) access drives. These drives are shown to have widths of 30 feet with 24 feet of pavement. FINDING: Based on the analysis above, staff finds the access, egress, and circulation standards have been met. Signs (18.780): Chapter 18.780.130.D lists the type of allowable signs and sign area permitted in the C-G Zoning District. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 10 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER No signs have been formally proposed. Signs are reviewed through a separate permit process administered by the Development Services Technicians and will be reviewed for compliance at the time of submittal. FINDING: Because signs will be reviewed and approved as part of a separate permit process, this standard has been satisfied. C. ADDITIONAL CRITERIA FOR PLANNED DEVELOPMENTS Relationship to the Natural and Physical Environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. Structures located on the site shall not be in areas subject to ground slumping and sliding. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection. The structures shall be oriented with consideration for the sun and wind directions, where possible; and trees preserved to the extent ossible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Ten trees are to be removed during construction of the proposed building and will be mitigated for as discussed later in this report. There has been no evidence of slumping or sliding and the topography is relatively flat. Building Code requirements will cover air, light, and fire protection. FINDING: Based on the analysis above, staff finds that the standard has been met. Buffering, Screening and Compatibility Between Adjoining Uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; The size of the buffer needs in terms of width and height to achieve the purpose; The direction(s) from which buffering is needed; The required density of the buffering; and whether the viewer is stationary or mobile. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: What needs to be screened; The direction from which it is needed; and whether the screening needs to be year-round. The applicant has not submitted material addressing this section of the code. FINDING: The project does not abut a residential zone. No residential service areas or storage areas are involved. No mechanical devises on the rooftop are proposed. Therefore, this standard does not apply. Privacy and Noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise. The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Privacy and noise standards do not apply. Private Outdoor Area -- Multi-Family Use: In addition to the requirements of subparagraph (3), each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet. Wherever possible, private outdoor open spaces should be oriented toward the sun; and private outdoor spaces shall be screened or designed to provide privacy for the use of the space. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 11 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The subject site does not apply because it is not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Private outdoor area standards do not apply. Shared Outdoor Recreation Areas -- Multi-Family Use: In addition to subparagraphs (2) and (3) of this section each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows. Studio units up to and including two bedroom units, 200 square feet per unit; and three or more bedroom units, 300 square feet per unit. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety. The required recreation space may be provided as follows. It may be all outdoor space; or it may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or it may be all public or common space; or it may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; or where balconies are added to units, the balconies shall not be less than 48 square feet. The subject property is, not adjacent to a residential use. FINDING: Based on the analysis above, staff finds the Shared outdoor recreation area standards do not apply. Access and Circulation: The number of allowed access points for a development shall be provided in Chapter 18.705. All circulation patterns within a development must be designed to accommodate emergency vehicles; and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The access and circulation standard has been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Access and circulation standards have been satisfied earlier in this report. Landscaping and Open Space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section (a) of this subsection, a minimum of 20 percent of the site shall be landscaped; Commercial Development: A minimum of 15 percent of the site shall be landscaped; and Industrial Development: A minimum of 15 percent of the site shall be landscaped. Landscaping requirements have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Landscaping requirements have been satisfied earlier in this report. Public Transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on the location of other transit facilities in the area; and the size and type of the proposed development and the required facilities shall be limited to such facilities as: a waiting shelter; a turn-out area for loading and unloading; and hard surface paths connecting the development to the waiting area. A public transit shelter is already provided on SW Pacific Highway. FINDING: Based on the analysis above, staff finds the Public transit standards have been satisfied. Signs: In addition to the provisions of Chapter 18.780, Signs: Location of all signs proposed for the development site; and the signs shall not obscure vehicle driver's sight distance. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 12 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER • The Sign standards will be required to meet the requirements of Chapter 18.780 of the Tigard Development Code. FINDING: Based on the analysis above, staff finds the Sign standards can be satisfied during the normal sign permit process. ParkLin : All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765. Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. The Parking standards have been discussed previously in this report. FINDING: Based on the analysis above, staff finds the Parking standards have been satisfied earlier in this report. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 Master Drainage Plan. The applicant has included a utility plan as part of their submittal material. Therefore, Engineering will review the plan and provide necessary comments. See Engineering comments later in this report. FINDING: Based on the approval of the Engineering Department, this standard will be satisfied. Floodplain Dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The proposed site is not located within the 100-year floodplain. FINDING: Based on the analysis above, the Floodplain standards do not apply. Shared Open Space: Requirements for shared open space. Where the open space is designated on the plan as common open space the following applies: (1) The open space area shall be shown on the final plan and recorded with the Director; and (2) The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 13 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Shared open space has not been discussed or required for this project. D. SPECIFIC DEVELOPMENT STANDARDS Impact Study: Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Public improvements are not required due to existing facilities associated with the planned development. FINDING: Impacts are addressed in the Street and Utility Section of this report. 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 indicate a trash enclosure will be provided, but there is no evidence of proper screening . Therefore, the applicant will be conditioned to submit a plan showing a trash enclosure and proper screening for the facility. FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and recyclable standards, this standard has not been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION:Submit verification from the franchise hauler indicating that the location of a proposed trash enclosure meets their needs and is properly screened. 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 rovided 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. The applicant has provided a tree plan that shows a total of 18 trees. Ten of the 18 trees are to be removed. Of the 10 trees to be removed, 4 of them are over 12-inches in diameter equaling 97 caliper inches. Therefore, the applicant will be required to mitigate for two thirds of the 97 caliper inches. FINDING: Based on the analysis above, the Tree removal standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 14 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER CONDITION:Submit a revised plan that shows how the 65 caliper tree mitigation inches will be mitigated either on-site, off-site, by payment of a fee in-lieu or a combination. If the inches will be mitigated by planting, a bond will be required for the inches to be planted on-site prior to issuance of building permits. If the fee in-lieu option is chosen, the fee must be paid prior to issuance of building permits. E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street and Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: 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 Tigard Development Code (TDC). Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires an arterial street to have an 80 to 90-foot right-of-way width and 12-foot travel lanes. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This development site lies adjacent to SW Durham Road, which is classified as an arterial roadway on the City of Tigard Transportation Plan Map. At present, there is adequate right-of-way (ROW) width, and street improvements on this roadway. No further dedications or improvements are necessary. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-Sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The Willowbrook development made provisions for this building by stubbing out a service lateral to this location. No further public sanitary sewer improvements are necessary. Storm Drainage: General Provisions: Section 18.810.100.A states require developers to make adequate provisions for storm water and floodwater runoff. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 15 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER The Willowbrook development considered this building location when master planning was completed. The on-site storm drainage system was sized to accommodate the runoff from this site and a service lateral was provided. No additional modifications to the on-site storm drainage system are necessary. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. This provision of the Tigard Development Code (TDC) was previously addressed as a part of the overall Willowbrook development. No additional requirements are necessary. ADDITIONAL CITY AND/OR AGENCY CONCERNS: Public Water System: This site is served by the City's public water system. The applicant's plan indicates that they plan to tap the main water line in SW Durham Road to serve the new building. This work must be covered in a Street Opening Permit, which shall be obtained prior to issuance of the site and/or building permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) 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. The USA standards recognize certain situations where a site is limited on space. This particular site is a part of a much larger development that was planned and constructed before water quality facilities were required. The site area is only 17,669 square feet, and if the applicant were to try to provide a facility, effective development of the site would be precluded. Therefore, Staff recommends that the applicant pay the fee in-lieu of a water quality facility, as provided by the USA standards. The total impervious area to be added to this site (including building and paved areas) is 13,299 square feet. Based upon that area, the fee in-lieu would be $1,058. The fee shall be paid to the City prior to issuance of the site and/or building permit. PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 16 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION VI. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposal and has offered no objections or comments. The City of Tigard Utility Department has reviewed the proposal and has offered the following comments: Developer/owner to provide minimum of double check valve assembly (backflow protection) directly behind water meter. Also, we will require that additional double check valve assembly on the irrigation line. All meter fees must be paid prior to City installing water service and meter. The City of Tigard Police Department has reviewed the proposal and has offered no objections or comments. The City of Tigard Engineering Department reviewed the proposal and has offered comments that have been incorporated into this report. The City of Tigard Property Manager has reviewed the proposal and has offered no objections or comments. The City of Tigard Long Range Planning Department has reviewed the proposal and has offered no objections or comments. SECTION VII. AGENCY COMMENTS PGE has reviewed the proposal and has no objections to it. AT&T Cable has reviewed the proposal and has no objections to it. Unified Sewerage Agency has had the opportunity to review the proposal and offered the following comment: E/C permit for area disturbal during construction is required. SECTION VIII. CONCLUSION IT IS FURTHER ORDERED THAT THE APPLICANT AND THE PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: This 7th day of February, 2000 by the Planning Commission of the City of Tigard, County of Washington, Oregon. {Signature box below{ i Nick Wilson, President City of Tigard Planning Commission is\curpin\Mathew\sdr\sdr1999-00022.rpt.doc PLANNING COMMISSION FINAL ORDER NO.2000-01 PC PAGE 17 OF 17 SDR1999-00022 WILLOWBROOK II COMMERCIAL CENTER 3 m b o SW PACIFIC HIGHWAY (99W) .. 0 N (v (,--7- . A �s1 L 0 -II m r ' ' w o L. i ..„,„A „iv., r.. S 2 1 ma en H 0 o =r '� ,r 210i< CO FPI q 95 a ® 0 0 w It ,�1 Y r ttc AV' . - 5 Ailr 6, ' . p p ILID p o A L a ,\\a t' tW 41.i AN �� 9511;0. ,� •�,attri i o, m n .,7:n ig. ;'4, ::: 7,p 1 •'. '.,7,1-9 0 A z IL • 4 , I y r _ { : s L V r' 4 �- •o _LI+.•:. PROPOSED•••E >" n _ '--. Q —%•: BUILDING F•••�^ Q i••••O••••O••••••L :'':.' � FA 0 •W L --- A o 1I x ° s \-\--1-1—. I V A m 'a —',. 11 lirriPP..- -''' 1 XJ 0 .4) \O SEE A1.2 FOR PLAN Ir:: . m O i 1 •J • _1L•NG e ' ,:-, . .1;:,. PI N n N a r n m z m p3 CITY OF TIGARD PLANNING DIVISION s ,� I` "II J CITY of TIGARD IT i, • iv . 4\ _________ GEOGRAPHIC INFORMATION SYSTEM Cr ''\pip o\ sr VICINITY MAP # 47 pre, Ls Q1Elil 5 411, it , ��.���� N #‘;## 4# S'" 1° Et;;. SDRI 999-00022 8% A i� �. .,.' PE WILLOWBROOK II‘ . i ,�� �, i�� COMMERCIAL ,0�� ��� �� BUSINESS ►� .c°l �. '• ' SUBJECT L �_ CENTER IEL • '', .�• ,,' SITE :;:' EL 0 4A# 4. I" 4,_ 7 It, 4" /e ar 4r-WW co gir %,„ R 1 iffl I s r r ■L J• IE. as I 1r ■I to • :� N If 7l ■f 1■ ^ste — Sy_ �. 0 100 200 30011 400 500 Feet y QQ 1'=381 feet —. , a- 3 a o A , — rY —> ` f �--�_ = 1—Z City of Tigard !- M 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 / (503)639-4171 http://wonv.ctligard.or.us Community Development Plot date:Dec 20, 1999;C:\rnagic\MAGIC03.APR Mildren Design Group, P.C. "EXHIBIT B" Attn: Hande Dogu - 11830 SW Kerr Parkway, Suite 310 SDR1999-00022 Lake Oswego, OR 97035 PDR1999-00003 WILLOWBROOK II COMMERCIAL BUSINESS CENTER Durham/99 Associates, Ltd. Partnership NOTICE OF FINAL ORDER NO. 2000-01 PC 135 E 57th Street BY THE PLANNING COMMISSION New York, NY 10022 (Hearing Date: 2/7/2000) AFFIDAVIT OF MAILING CITY OF TIGARD Community cDeveropment Shaping Better Community STATE OAF oGoN ) County of Washington )ss. City of 2igarcf ) I, cPatricia L. Lunsforcf, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: n AMENDED NOTICE (File No./Name Reference) 1 City of Tigard Planning Director NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) • City of Tigard Planning Director © NOTICE OF PUBLIC HEARING FOR: SDRI999-00022/PDR1999-00003 WILLOWBROOK II COMMERCIAL BUSINESS CNTR.: 2/7/2000 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) I City of Tigard Planning Director • Tigard Hearings Officer ® Tigard Planning Commission ❑ Tigard City Council NOTICE OF FINAL ORDER FOR: AMENDED NOTICE (File No/Name Reference) (Date of Public Hearings) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: . (File No/Name Reference (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEESJ of which is attached, marked Ex -bit "A", was maile)d to eac named person(s) at the address(s) shown on the attached list(s), marked Exhibit"D" on lama 13 000 and d ••sited in he United States Mail on January 13,2000, postage prepaid. r r _ (P• - repared Noti ) Subscribed and sworn/affirmed befc4'me on the day of , 2000. NOTARY PUBLIC OF OREGON My Commission Expires: NOTICE TO MORTGAGEE, LIENHOf R,VENDOR OR SELLER: EXHIBIT A THETIGARDIDEVELOPMENT CODE REQUIRES THAI IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community'Development ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, FEBRUARY 7, 2000 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO.: SITE DEVELOPMENT REVIEW[SDRI 1999-00022 PLANNED DEVELOPMENT REVIEW[PDRI1999-00003 FILE TITLE: WILLOWBROOK II COMMERCIAL BUSINESS CENTER APPLICANT: Mildren Design Group, P.C. OWNER: Durham/9h9 Assoc. Ltd. Partnership Attn: Hande Dogu 135 E. 57t Street 11830 SW Kerr Parkway, Suite 310 New York, NY 10022 Lake Oswego, OR 97035 REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SDR1999-00022/PDR1999-00003-WILLOWBROOK II COMMERCIAL BUSINESS CENTER NOTICE OF 2/7/2000 PLANNING COMMISSION PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE DOCUMENTS LESS THAN 7 DAYS P" R TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY , _0W A CONTINUANCE OF THE HEA, .4G, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND MAY PRECLUDE AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED MAY PRECLUDE AN APPEAL TO THE LAND USE BOARD OF APPEALS (LUBA) BASED ON THAT ISSUE. 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. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MATHEW SCHEIDEGGER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. v ooa.CITY TIGARD 0 ,, / #4# i . 'I Sp VICINITY MAP ,.-' � �r7 AID ' • SW �y� :.ED E;,; 0 SDRI999-00022 ... •'1i1 .:;;:: WLOWBROOK II ;?� ' COMMERCIAL 0# -4/44 BUSINESS �P mac. 4*0* SUBJECT -, CENTER ;11'11, �•,�,' 3 co SITE,ECT -,'� ---. 2°1111 a co ID 3 /f III EN .,./ Lo r . o4,,,,,, N. , 1u :. _1 • . r ii �, — III }- V 0 100 200 300 400 500 fed 1111 i= Q. 1••741,.w III :��� CO 111 • .n.l � / 1 �-_ — / City of Tigard .1I •- I. Amid 20 304314db Me Do.414wroot Ionian Okiian 131301114 He WI 111.4 013 02323 (3012 03S41171 SDR1999-00022/PDR1999-00003—WILLOWBROOK II COMMERCIAL BUSINESS CENTER NOTICE OF 2/7/2000 PLANNING COMMISSION PUBLIC HEARING Liof/ ) EXHIBIT B 2S110CD-00105 2S110CD-00107 UNITED STATES NATIONAL BANK NORTH SHORE CORP THE PO BOX 8837 PO BOX 6400-UNIT#2814 PORTLAND,OR 97208 PORTLAND,OR 97228 2S110CD-07600 2S110DC-00300 TOBIAS INVESTMENT CO SSC PROPERTY HOLDINGS INC 300 SE SPOKANE ST 1155 VALLEY ST#400 PORTLAND,OR 97202 SEATTLE,WA 98109 2S110DC-00500 2 10DC-00600 LUTON ROBERT C CON EGAT RE ASSET V LTD PTN 11445 SW SUMMERFIELD DR PO BO 88 TIGARD,OR 97224 M,OR 97309 2S11000-00700 10DC-01300 CONGREGATE CARE ASSET V LTD PTN LUT• COB •T C PO BOX 12188 11445 • I • ERFIELD DR SALEM,OR 97309 T s•RD,OR 97224 2S110DC-02300 2S110DC-02400 DURHAM/99 ASSOCIATES LTD PTNSH BUILDING SIX ASSOCIATES LLC 11200 ROCKVILLE PIKE 135 EAST 57TH ST 27TH FL ROCKVILLE, MD 20852 NEW YORK,NY 10022 2S115AB-01800 2S =•B-01900 BIT HOLDINGS LTD PARTNERSHIP BIT HOLD : 'ARTNERSHIP BY FORUM PROPERTIES INC BY FO:. • 'ROP ' INC LAKE OSWEGO, OR 97035 E OSWEGO,OR 97035 2S115BA-00100 115BA-00101 IBJ SCHRODER BANK&TRUST CO BIT • • D PARTNERSHIP PO BOX 20 BY F• • PR•- ' S INC BOISE, ID 83726 • E OSWEGO,OR 97035 2S115BA-00102 2S115BA-00500 SYSTEM CAPITAL REAL LINDLEY RUBY E SAMUEL P PO BOX 66207 16035 SW PACIFIC HWY CHICAGO, IL 60666 TIGARD,OR 97223 DURHAM/99 ASSOCIATES, LTD. PARTNERSHIP 135 E. 57TH STREET NEW YORK, NY 10022 MILDREN DESIGN GROUP, P.C. ATTN: HANDE DOGU 11830 SW KERR PARKWAY, SUITE 310 LAKE OSWEGO, OR 97035 COMMUNIT' NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 9 56 2 BEAVERTON,OREGON 97075 Legal Notice Advertising • • ❑ Tearsheet Notice City of Tigard J.3125 SW Hall Blvd. • ❑ C •-,:.nasA Affidavit Tigard,Oregon 97223 The following will be considered b the �� on Monday,Feb Y Pe Tigard Civic Center lore accounts Payable • -Town Hall, 13125 February 'at T'i'p the Tigard Civic Ce • Both Hal oral Hall Blvd.,Tigard,Oregon. public and written testimony are invited.The public hearing on this matter will be conducted in accordance with Chapter 18.390 of the Tigard Municipal Code,and rules and the O F PUBLICATION mission.Failure to raise an issue in procedures by of a Planning Come to the close of the hearing accompanied or at leent atr dome point prior STATE OF OREGON, ) Pim1ed by statements or evidence on the suffi- cient to allow the hearings authority and all the parties to respond COUNTY OF WASHINGTON, )ss. request precludes an appeal,and failure to s on the Community Development Code or Comprehensive Plan at which a com- ment the I, Kathy Snyder is directed precludes an miprehec)sive Plan at which a Appeals appeal to the Land Use Board of Appeals being first duly sworn, depose and say that I am T he Adve based on that criterion.Further information may be obtained from the Director, or his principal clerk, of the_r tgard- val Planning Division at 13125 SW Blvd.,Ti a newspaper of general circulation aas defined in ORS 1 P C )71, -. • geed,Oregon 97223,or by and 193.020; published at g G Fd4I: aforesaid county and state; that the : SITE DEVELOPMENT puhl ir- HP�*-ing-SDB 1999-On022 t1; 1 1 pu PLANNED DEVELOPMENT REVIEW 999-00003 a printed copy of which is hereto annexed, was publishe KIICQBUSD The applicant proposes to construct a 5 787.6 square c entire issue of said newspaper for ONF' succeN building.LOCATION: 11565 SW q oot.co isI consecutive in the following issues: Lot 02 00.ZONE:• Durham Rte'W�2S11 Rbe g�commercial leas is �Commercial;major C-G. l .The r nd`se vi es. vide for tail January 20 , 2000 + Permitted hIk �$� �,r� �h II ..7 =,,4,'I_ I r.1'0:11`.•.. ��-'H'•• •';• - bllu I _-1' adminf it i4 sales r rr fir . Nl3�((' F -.111111.11 X • a ..: 1��r `' • I 1 F 11 1 F Vl le Jr� ly�r2 NFi� • ' C other us s ?f,"tit%'10.' 1 ;,1 •fit y , q'�\ �j_� Devclo.rli{� I fir, t E i}'.1 F! I' 1 -ir ,.f8: - 'IIr Ir 1 it �(:9^-- 18.71 k�= '1�� �", 'r:,"• ' 8: E� ��ar V 1 :` rirN thy• s 4t�nssa • Subscribed and sworn to before me this 0+r ray ;.t.,�,d,� A a i' ,,,g, �■■ - -7, )_,. u,,,,,c-5 uya _,z) ... CI f_ lEt�f4rrl. < ` ;{i�r 1; _ .).,.af:.°�4 Notary Public f1 i r L ,.r•,{p EiL[i E.iE:k. : 4c" ' �� 'e' `'.a; • -:3 ` I f4,F Ei i �� 1.,,,,,- �'� My Commission Expires: 1 L4 + ry,`N� ���'Y AFFIDAVIT _ i :� 'V% l' ;.' '''Y 4`' + ; • 1' •,, r,.u. T.br�.e r rats $414:4' r:. '` ... �'� a T ., 1 « '�*` �' • ! 4q'. • s '*. .71.4 0.•117 i ,,..,. •. Ate. '��4 . ,_.„ .. i, , ,,,, ,4 , , ' ...• • 400 ' intt 3b r ,F,. .1.:•• e' y lire r f r • 1 �, ,,_ Z � bb ��. -,„, r. r t' ,, `Y''• rho b, I f,I' •. ,''� } '.1 ,= ., � • "Y'.5�, fir♦ ,1M I,/ '' r, .: T '9�62 4tb) J{Fi Ir '•'tI iit,i i ) s• •-•fpm ' is, •- • - °c-ri-1E-'. .• . �;�F. ;;arid AFFIDAVIT OF MAILING CITY OF TIGARD Community Development Slurping sl Better Community • $2 '1L OF OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L.Lunsford being first duly sworn/affirm, on oath depose and say that I am an _Administrative Specialist II for the City of*igard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: SDR1999-00022/WILLOWBROOK II COMMERCIAL BUSINESS CENTER AMENDED NOTICE (File No./Name Reference) RI City of Tigard Planning Director NOTICE OF DECISION FOR: AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER FOR: _ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearings) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: (I ype/IcIna OT Notice) FOR: (File No./Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[Sl of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit 1', on the 20th day of Decem I r 1999, 'and deposited in the United States Mail on the 20th day of December, 1999, postage prep.id. _ Maite (Perso hat ' -p. e. •"otice) 214). Subscribed and sworn/affirmed before me on the /0 day of 111 `-/ SU ode OFFICIAL SEAL ( / DIANE M JELDERKS (,(may ( ` i " 'w NOTARY PUBLIC-OREGON ' I , ' '( C I I I ' I MY COMMISSION EXPIRES OT,2003 My Commission Expires: NOTICE TO MORTGAGEE, LIENI .JER,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 500-FOOT PROPERTY OWNER NOTICE DATE OF NOTICE: December 20, 1999 FILE NO.: SITE DEVELOPMENT REVIEW (SDR) 1999-00022 FILE NAME: WILLOWBROOK II COMMERCIAL BUSINESS CENTER PROPOSAL: The applicant proposes to construct a 5,787.6 square foot commercial building. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. 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 JANUARY 3, 2000. All comments should be directed to Mathew Scheideqqer, Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. 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 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 Planning Commission must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PER CLOSES, THE DIRECTOR SHALL ISSUE {PE 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." /9 ,:y /:// t :;;;TY MAP sie ,, t,#1 I��� 2... i sw tr= ;::: ;;; ,: riXG� s�,�'� BUSINESS ��j �#�•� SUBJECT �— CENTER : ', ''.�;,,; I SITE h 4 it,44, II LI .WW .1 1 f . bOP , . p. _111 Illommir 11111 61 , III .1 5 N III MI g WI _ • En - . ,ro 200 wo au ...Not y,.x z. III 41 1 k. 111 :C W 0 7 c,norrg.,.a hi I 1 /INN r..rr.o..Cm.Sarno..a..... 1� / .....8.ww.w. r J ' '- ( 1 0 j / ) X 2n110CD-00105 2S11000-00107 UNITED STATES NATIONAL BANK NORTH SHORE CORP THE PO BOX 8837 PO BOX 6400-UNIT#2814 PORTLAND,OR 97208 PORTLAND,OR 97228 2S1100D-07600 2S11000-00300 TOBIAS INVESTMENT CO SSC PROPERTY HOLDINGS INC 300 SE SPOKANE ST 1155 VALLEY ST#400 PORTLAND,OR 97202 SEATTLE,WA 98109 2S 110DC-00500 2 1000-00600 LUTON ROBERT C CON EGAT RE ASSET V LTD PTN 11445 SW SUMMERFIELD DR PO BO 88 TIGARD,OR 97224 M,OR 97309 2S11000-00700 10DC-01300 CONGREGATE CARE ASSET V LTD PTN LUT• :OB •T C PO BOX 12188 11445 • • ERFIELD DR SALEM,OR 97309 T s•RD,OR 97224 2S11000-02300 2S11000-02400 DURHAM/99 ASSOCIATES LTD PTNSH BUILDING SIX ASSOCIATES LLC 11200 ROCKVILLE PIKE 135 EAST 57TH ST 27TH FL ROCKVILLE, MD 20852 NEW YORK,NY 10022 2S115AB-01800 2S -•B-01900 BIT HOLDINGS LTD PARTNERSHIP BIT HOLD • : •ARTNERSHIP BY FORUM PROPERTIES INC BY FO:- • •ROP INC LAKE OSWEGO, OR 97035 E OSWEGO,OR 97035 2S1158A-00100 115BA-00101 IBJ SCHRODER BANK&TRUST CO BIT • • D PARTNERSHIP PO BOX 20 BYF••• PR•- • SINC BOISE, ID 83726 • E OSWEGO,OR 97035 2S115BA-00102 2S115BA-00500 SYSTEM CAPITAL REAL LINDLEY RUBY E SAMUEL P PO BOX 66207 16035 SW PACIFIC HWY CHICAGO, IL 60666 TIGARD,OR 97223 MILDREN DESIGN GROUP, P.C. DURHAM/99ASSOCIATES LTD. PARTNERSHIP ATTN: HANDE DOGU 135 E. 57TH STREET 11830 SW KERR PARKWAY, SUITE 310 NEW YORK, NY 10022 LAKE OSWEGO, OR 97035 F';- sv dyf 4 , ♦ 4, spy Rom. �� CITY of TIGARD ' P�, �'' OE00 RAPXIC INF ORYAt10N SYSTEM Ar 41111/ 41,0111C% 404# . 10", ��2 ,##*# ,o1 I. AREA NOTIFIED 0400 p lit Ma 01— ■## ... ,. 1� ♦� SDR 1999-00022 0"e* $ ♦ '% �4 �,4 :� wlLLOwBROOK II SUBJEC COMMERCIAL ♦ �� SITE BUSINESS , noscussi �° CENTER agnsaamse zvw■v* ISEMINEas 4/ Irc %.4' CO M , ).„it, IIIEnNIMME °`'Tiitti41/4 .qa_ / IIMEMISMI ■L J. tq.IwAN 1M as nemoso .z.,,■n7 .a • El ai Mr Mr MIL V st.S.M ;:...C.) • Q. N_ MIENINE " t I___ co Z{I Nt 0 100 200 300 1 G ,•=339 feel lilt ! u■ h C:ityofTigard Information an this map is for general location only and should bs waled with the Oevalapmard Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639.4171 htIpJAvww.d.tigard.ar.us Community Development Plot date:Dec 20, 1999;C:lmagic\MAGIC03.APR S Z �� ( I oft ) 2S110CD-00105 2S110CD-00107 UNITED STATES NATIONAL BANK NORTH SHORE CORP THE PO BOX 8837 PO BOX 6400-UNIT#2814 PORTLAND,OR 97208 PORTLAND,OR 97228 2S1 10C D-07600 2S1 10 DC-00300 TOBIAS INVESTMENT CO SSC PROPERTY HOLDINGS INC 300 SE SPOKANE ST 1155 VALLEY ST#400 PORTLAND,OR 97202 SEATTLE,WA 98109 2S110DC-00500 2 10DC-00600 LUTON ROBERT C CON EGAT RE ASSET V LTD PTN 11445 SW SUMMERFIELD DR PO BO 88 TIGARD,OR 97224 541,2 M,OR 97309 2S 110DC-00700 10DC-01300 CONGREGATE CARE ASSET V LTD PTN LUT OB T C PO BOX 12188 11445 ERFIELD DR SALEM,OR 97309 T RD,OR 97224 2S110DC-02300 2S110DC-02400 DURHAM/99 ASSOCIATES LTD PTNSH BUILDING SIX ASSOCIATES LLC 11200 ROCKVILLE PIKE 135 EAST 57TH ST 27TH FL ROCKVILLE, MD 20852 NEW YORK,NY 10022 2S115AB-01800 2S -•B-01900 BIT HOLDINGS LTD PARTNERSHIP BIT HOLD : 'ARTNERSHIP BY FORUM PROPERTIES INC BY FO:- 'ROP ' INC LAKE OSWEGO,OR 97035 'E OSWEGO,OR 97035 2S115BA-00100 115BA-00101 IBJ SCHRODER BANK&TRUST CO BIT • • D PARTNERSHIP PO BOX 20 BY F•'r PR•- S INC BOISE, ID 83726 • E OSWEGO,OR 97035 2S115BA-00102 2S115BA-00500 SYSTEM CAPITAL REAL LINDLEY RUBY E SAMUEL P PO BOX 66207 16035 SW PACIFIC HWY CHICAGO, IL 60666 TIGARD,OR 97223 APPLICANT MATERIALS t • PLANNED DEVELOPMENT i ', TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 63• •171 AX: 503 684-7 •-7 • GENERAL INFORMATION 'E-A'P. HELD WITH: . 1. DATE OF PRE-APP.: Property Address/Location(s): WO" 14.4 ttlr.4.A4 Rp FOR STAFF USE ONLY Tax Map &Tax Lot#(s): Z S 110 Pe..- 424-co Case No.(s): /` � --QOdol 4 Site Size: f f 669 .Sc- Other Case No.(s):ROkiTO--® Property Owner/Deed Holder(s)*: PLIOAM qq/A6sa .. ILL Receipt No.: 99- 3/g 76'7 tomertiamote Address: 135` 5-14-SEroe-f. Phone: A pp lication Accepted 7Date: � / City: 1.N.(. Zip: 10020 B Applicant*: MILD Its►" 41er�c)P r'�ate Deter ed T B Complete: Address: 11$3) d Kftt piex.y cY *31 �h� /A �5 � > City: J,,e. o & 4 Q Zip: '1035 Comp Plan/Zone Designation: * When the owner and the applicant are different people, the , I applicant must be the purchaser of record or a lessee in possession IL with written authorization from the owner or an agent of the owner CIT Area: with written authorization. The owner(s) must sign this application in Rev.11/26/98 1:\curpin\masters\pda.doc the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request permission to ✓ 'Application Elements Submitted: create a Planned Development consisting of(please be specific): Application Form ® Owner's Signature/Written Authorization 6- 4s�i-Lk.-( A 5117. Sal FT. l-L ( Title Transfer Instrument or Deed Uo4� APt,- Site/Plot Plan (#of copies based on pre-app check list) /Site/Plot Plan (reduced 8'12"x 11") Applicant's Statement (#of copies based on pre-app check list) 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes r^ O4— 0/Filing Fee (Detailed)S (Conceptual) $2,170.00 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: 4/1" P ite Art IT• e 46,4)tjte; * • • S 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: T' '. --r.•2sL,�. ?,r. 4.011f1 • 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. ;Job AC"i.J , • 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 js 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 2,,f,.T < day of . /2 L/ _ , 19 7•/ • Owner'S ignature // Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD Community Deveropment S(aping 4(Better(onmtunity LAND USE PROPOSAL DESCRIPTION 120 DAYS = 4/12/2000 FILE NO.: SITE DEVELOPMENT REVIEW ISDRI 1999-00022 PLANNED DEVELOPMENT REVIEW(PDD 1999-00003 FILE TITLE: WILLOWBROOK II COMMERCIAL BUSINESS CENTER APPLICANT: Mildren Design Group, P.C. OWNER: Durham/99 Assoc. Ltd. Partnership Attn: Hande Dogu 135 E. 57th Street 11830 SW Kerr Parkway, Suite 310 New York, NY 10022 Lake Oswego, OR 97035 PHONE/FAX: (503) 244-0552 REQUEST: The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, REVIEW 18.755, 18.765, 18.780, 18.790 and 18.795. CRITERIA: CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: DECEMBER 20, 1999 DUE: JANUARY 3, 2000 ❑ STAFF DECISION DATE OF DECISION: Cl HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 PM ® PLANNING COMMISSION DATE OF HEARING: FEBRUARY 7, 2000 TIME: 7:30 PM ❑ CITY COUNCIL DATE OF HEARING: TIME: 7:30 PM PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP El NARRATIVE 1111 TRAFFIC IMPACT STUDY ARCHITECTUAL PLAN ® SITE PLAN El LANDSCAPE PLAN LJ GEO-TECH REPORT STAFF CONTACT: Mathew Scheidegger, Assistant Planner (503) 639-4171 Ext. 317 SDR1999-00022/PDR1999-00003 WILLOWBROOK II COMMERCIAL BUSINESS CENTER LAND USE PROPOSAL h' rev VA S October 12, 1999 Mr. Hande Dogu Design Group, P.C. �0 11830 SW Kerr Parkway, Suite 325 c ' Lake Oswego, OR 97035 RE: Notice of Incomplete Submittal-PDR1999-00003 (Willowbrook Commercial Center) Dear Mr. Dogu: The City received your request for Planned Development (PD) approval for the above- referenced restaurant project on SW Durham Road. 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. The following clarifications and additional information are required before Staff can consider your application complete and begin the review. 1 . A narrative addressing the relevant criteria in sufficient detail for review and action. 2. Notification list of property owners within 500 feet of the subject property. Once the required information has been submitted, Staff will deem the application complete and begin the review process. If you have any questions about the information contained in this letter, please feel free to contact me at (503) 639-4171 x317. Sincerely, Mathew Scheidegger Assistant Planner c: PDR1999-0003 Land Use file . 1999 Planning Correspondence file i:\curpin\mathew\sdr\pdr1999-00003.acc. rsor December 15, 1999 Mr. Hande Dogu Mildren Design Group, P.C. 11830 SW Kerr Parkway, Suite 325 Lake Oswego, OR 97035 RE: Notice of Complete Submittal- SDR1999-00022/PDR1999-00003 (Willowbrook II Commercial Center) Dear Mr. Dogu: The City has received the additional information necessary to begin the review of your Site Development Review application. Staff has, therefore, deemed your application submittal as complete and will begin the review process. Staff has scheduled a tentative public hearing date of February 7, 2000. However, please be aware this is a target date only and the actual date of the hearing may be before or after that date. If you have any questions regarding your application, or, if I can answer any questions, please don't hesitate to contact me at (503) 639-4171 x 317. Sincerely, Mathew Scheidegger Assistant Planner is\c u rpl n\m at h ew\s d r\s d r 199 9-00022.a cc. c: SDR1999-00022/PDR1999-00003 Land Use file i/95 0s:1n trzuo r v._i ------ - ---- Plei l Pak,114-***si r/Ri.-aMtInaR MY*eoirono.11!!oo!!b - _ to a. ....•..•... .. CO -■•r.no ...... • 4r•T• • la WARRANTY Drs- cATVT0I Y mew •-,.-•a. 6 5 013 7 A 2 rpOrirlon ,oily Or*l.r•+7� wed raystirsi ct.:der the law* el the Saint of.-..-.. ..0 a l• r roe, ars and warr■tfts to .. . .DURIAM/99 AS; I` P AND xEci.i.r.S.1= P Gfanree, r r following d+aeribed re.? property free of encumbrancer except a, lieafr set forth herein situated in Wallbitlq`•Dis............ .... County. Oregon, to•wit: gEE EXHIBIT ■ a ?WEND= HERETO 11Nfl BY THIS REFERIZTCE HEREIN- • that r portion of the real property "'cY� herein may k7c >' real July 1, 1994. i ua.d for the sale of IG3� 7&i�l I� l property .1 i 1 The said petty is tree from ell..r rr•wimems e..�ya .a n e c C e a t •aort q I tr t[.QuIA»T ' ' � ? �LI0 11 : DY IdZ g 11 -ITED MEM. •-' The true ow••.dwr•u;on for thix cvn�eyCnGT is $.2.250,000. . (Herr comply with the frgvrrenrtntrs o/ ORS 99. �•a,, Deno ar order of the,rilanto••7•bc,ard of dirt■•••••• with it+tarvutatr trral spired on.. Jute 2.5 . 198 .. T IL InISTXUHLNT DOES NOT GUARANTEE THAT ANY F ITF111�7RL CES CO. ALRT1CVLAR tt r�}�1I. MAY BE MADE OF THE PROPERTY C DE.acRIEED IN TH16 INSTAUa•rsN7. A DOTTER SHOULD `�� / �` .. /' 4 /Ce - Ftesidenl `pLL&N p DEp RTn�NT TO VER FY APPROVED COUNTY 8' . ll V (CORPOLctx Set.) Or .. Scrtrtary ' "'P./0 n.•0 rem 17, June 2 5 I t 85 5 STATE OF OREGON. Count.-of r.•, ur Wired David H. Russell -war • ..hv. e•.A b'i+•R fin) duty ...urn_did r1' OW att. !a•n'rr ••Me vice prHrdrnrsnd-rhe.-rhe-lwrr•k• ' Wen." „l REALTY FINANCIAL SERVICES CO. .• rprpara,NH7.and Mar the oral•lll.r.l f.. IM lu.4.i.,* erwlrvrnrne 1i rho tnraerr,ro ton/of *AM tornnration and mkt laid :rotrun.rnt.rat shined and lea In b••Aal1 s1 laid v ' •leuo dr. •uih-..,,• nl ,'. hoard ea ;if/oat/cc Ind porn N them r►elinowirife.l .aid in.rrumr•nf ,o br 1f• vnhrAr r•ae and // • � M.o.., ruAler few rb.1..n; My evn.n...•ion ..•i•err•= WARRANTY OEEn tbr ——^ STATE OF O/ OO1Y. RF ,TY FII�1I�'X DUFEHAVV99 11S. 7ATES LIMITM +f '�- County n 0. 7t 1 Crrt 1I that thr within rmlru• PAKTNF.�•HIP .r aa. +so� •• nrrnl rro> /rNn ed tor record am the ...e ..t•.rn r,�- dny of I p. TATE9 L YLIT D •} 1- f -'ci,ra� M, ;recd rritirded ���7{..�� er�/,Q G' rk ter/ ,.ilumr eYr,• on 77 Carl Street Realty Ste' �.icss r• or n• dn..un'�•n1 /t. ltlY e 77 WAtar Street rr o,nr•. at 4 • r� me 'r,urr,rlilnr Nn. 1 N�.r York NY 10005 o nerd. n! .aril ∎•∎∎bent.•. ' I*__, •bowl sn flr �y �' r• /S} 'One, rn,. linnet and a1 of —II them a*amps I.reappdllMeel dl,n, .ww•wnn ou• y allrxrd. r" .i•.p w NO le the rants.-tne.J Jens, _d7.4..11PRAMY99 ASSOCIAMS LINIThn ('rlMNE•2SH P 1,c% .Carl Marks Rea1tY Services A- '77 Water Street ga. ()gouty York, NY 100.5. r n.MI. .b0•r:t3 t:• ...__....�.. L 33tfr3 SSbSZZZEOS :Q i A31NOOH 3NO1.S.f e : WOZid t t ' E i SS-SE-AON MILDREN DESIGN GROUP,P.C. Architecture Space Planning December 6, 1999 City of Tigard Attn.: Matt Scheidegger 13125 SW Hall Blvd. Tigard,Oregon 97223 Re: Proposed Building Willowbrook Commercial Center 99120 Dear Planning Department: Mildren Design Group is representing Durham/99 Associates, Ltd. Partnership for development of a new 5,788 square foot building at Willowbrook Commercial Center. Currently, there are five existing buildings totaling 51,900 square feet. The new building will closely resemble the existing buildings in architectural style and finishes, and will be leased to one or more tenants upon completion. The building is proposed to be office use. The current owner of the property is Durham 99/Assoc.Ltd.Partnership,135 E.57th Street, New York, New York 10022. Attached you will find our narrative per the pre-conference notes, and subsequent telephone conversations with yourself. We look forward to meeting with you to discuss this project. Please do not hesitate to call should you have questions or require additional information. Sincerely, /* Hande Dogu • 11830 SW Kerr Parkway,Suite 325 Lake Oswego,OR 97035 5031244-0552 Fax 244-0417 • 10-111013136 00°3' MILDREN DESIGN GROUP,P.C. ARCHITECTURE • SPACE PLANNING /e Q 11830 SW Kerr Parkway,Suite 325 so G< Lake Oswego,OR 97035 Q J 503/244-0552 Fax 244-0417 �`�o �9� ,off `yr LETTER OF TRANSMITTAL To: City of Tigard Date September 28, 1999 Planning Department 13125 SW Hall Blvd. Tigard,Oregon 97223 Attention: Matt Scheidegger Project Name: New Building Project Number: 99120 Willowbrook Business Park Attached: calculations change order X applications/narratives details X drawings samples submittal specifications X other Number of copies: Description: (1) set Al-1,A2-1,A3-1,civil.Landscape and Tree plans X For your use For your review For approval As requested Remarks: Copy to: Signed: Hande Dogu Mailed To be picked up X Delivered via MDG M1LDREN DESIGN GROUP,P.C. Architecture Space Planning September 28, 1999 City of Tigard Atn: Matt Scheidegger 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Proposed Building Willowbrook Commercial Center 99120 Dear Planning Department: Mildren Design Group is representing Durham/99 Associates, Ltd. Partnership for development of a new 5,788 square foot building at Willowbrook Commercial Center. Currently, there are five existing buildings totaling 51,900 square feet. The new building will closely resemble the existing buildings in architectural style and finishes, and will be leased to one or more tenants upon completion. The building is proposed to be office use. The current owner of the property is Durham 99/Assoc.Ltd.Partnership,135 E.57th Street, New York, New York 10022. We look forward to meeting with you to discuss this project. Please do not hesitate to call should you have questions or require additional information. Sincerely, Hande ogu 11830 SW Kerr Parkway,Suite 325 Lake Oswego,OR 97035 503/244-0552 Fax 244-0417 UU, L0/ 00 ina1 lvvvra'2./o 09/28/99 TUE 09:57 FAX 5O3 244 0417 MILDREN DESIGN GROUP PC a 001 • N WREN DESIGN GROUP,P.C. • Arrhirecrure . Space Planning • • • September 28, 1999 • City of Tigard . Department of Plarining and Development 13125 SW Hall Blvd_ Tigard,Oregon 97223 Re: Site Design Review Willowbrook SDR 96-00003 • • Greetings: • Mildren Design Group; P.C. is authorized to apply for the attached land Ise review procedure. The property upon which the review is to occur is described as fo lows: Property Address and Location: 11565 SW Durham rd.,Tigard, Washington County,Oregon,Tax Lot 2S 110DC The undersigned is the Legal Owner of the property and has the authority t 1 grant this permission Signed, Paul Challincin, Vice President P:\99170\WP%*UTHo*Zl.ws4 • • • 17830 SW Ken-Pirkway,Suite 325 Like Oswego,OR 97035 5031244-0557 Fax 244.0417 WILLOWBROOK COMMERCIAL CENTER BUILDING "F" Prepared by: Mildren Design Group, P.C. WRG Design Inc. Green Works, P.C. November, 1999 Willowbrook Commercial Center New Building"F" Chapter 18.520 COMMERCIAL ZONING DISTRICTS 18 520.020 List of Zoning Districts C. C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.310 and 18.320; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES MUE CBD Residential R-25 STANDARD C-N C-C[41 C-C C-P CBD R-40 R-12 C-G MF DU* Minimum Lot Size-Detached unit-Boarding,lodging,rooming house 5,000 sq ft-- 5,000 sq ft-- None-- 6,000 sq ft -- None-- None-- None-- None-- -1,480 sq ft 6,100 sq ft Minimum Lot Width 50 ft 50 ft 50 ft SO ft None None None SO ft None Minimum Setbacks-Front yard-Side facing street on corner& through lots(11.Side yard-Side or rear yard abutting more restrictive zoning district-Rear yard-Distance between front of garage& property line abutting a public or private street 20 ft 20 ft 0/20 ft[3]- 0/20 ft [3j- 0/20ft[5]. 0/20ft[3]- 0/20ft[3]. Oft[6]- 0/20ft[3]- 0/20ft[3]- 0 ft[6]- 0/20ft[3]- 0/20 ft[3]- 0/30 ft[7]0/30 ft[7] 0/30 ft[7]- 0/30 ft[7]- 20 ft 20 ft 10 ft[91- 20 ft[9]20 ft 20ft 20ft 10 ft[9]- 20 ft[9]20 ft Oft[6]- 0/20ft[3]- 0/20ft[3]- 20ft20ft 1Oft30ft 20ft20ft Maximum height 35 ft 35 ft 45 ft 45 ft 80 ft[8] 60 ft 60 ft 45 ft 45 ft Maximum Site Coverage[2] 85% 80% 85% 85% 85% 80% 80% 85% 80%[11] Minimum Landscape Requirement 15% 20% 15% 15% 15% 20% 20%[10] 15% 20% (1] The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. 2 Willowbrook Commercial Center New Building"F" [4] See Section 18.520.050B for site and building design standards. [5] No front yard setback shall be required,except a 20 foot front yard setback shall apply within 50 feet of a residential district. [6] There shall be no minimum front yard ietback requirement;however,conditions in Chapters 18.745 and 18.795 must be met. [7] There are no setback requirements,except 30 feet where a commercial use within a district abuts a residential zoning district. [8] The maximum height of any building in the CBD zone within 100 feet of any residential zoning district shall not exceed 40 feet. [9] Where the side or rear yard of attached or multiple-family dwellings abut a more restrictive zoning district,such setbacks shall not be less than 35 feet. [10] Landscaped areas on existing developed property in the CBD shall be retained. Buffering and screening requirements set forth in Chapter 18.745 shall be met for existing and new development. [11] Lot coverage includes all buildings and impervious surfaces. *Multiple-family dwelling unit FINDING The applicant proposes a lot size exceeding the minimum requirement. Required: 0 sq.ft. Proposed: 17,669 sq.ft. The applicant proposes lot width exceeding the minimum requirement. Required: 50'-0" Proposed: 74'-6" • The applicant meets required set backs; 0 ft at the front,0 ft at the side,0 ft at the rear and exceeds minimum requirements at the corner from the street per Pre-application notes; the building is set at 45'-0" from the centerline of Durham Rd., hence, exceeding the minimum requirement of 30'-0." • The applicant proposes 75.2% (building coverage 32.7%,impervious area 42.5%) site coverage, less then allowed maximum of 85% and, proposes 24.8% landscaping exceeding the required 15 %. Area % Coverage Site area: 17,669 sq.ft. Building area: 5,786 sq.ft. 32.7% Impervious area: 7,513 sq.ft. 42.5% Landscaped area: 4,370 sq.ft. 24.8% 3 Willowbrook Commercial Center New Building"F" Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.010 Purpose A. Purpose. The purpose of this chapter is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530. Flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. FINDING: The applicant meets the Zoning district lot dimensional requirements, and setbacks. The Lot does not abut residential zone. The applicant proposes to set the building at 45'-0" from the centerline of Durham Rd.,exceeding the minimum requirement of 30'-0" per Pre-application notes. 4 6 Willowbrook Commercial Center New Building"F" Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. B. Access drives. With regard to access to public streets from off-street parking: 1. 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; 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; 3. 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; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt or concrete surface; and 6. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, 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. C. Loading'unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. FINDING The applicant is proposing 16 standard parking spaces, including (1) one van accessible disabled parking space, and 1 bike parking stall, per Pre-application notes. 5 Willowbrook Commercial Center New Building "F" Chapter 18.705 - ACCESS, EGRESS,AND CIRCULATION 18.705.010 Purpose A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan requirements. 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. C. 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: 6 • Willowbrook Commercial Center New Building"F" 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. D. 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. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. 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; 2. Within all attached housing (except two-family dwellings) and multi family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 3. 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; 4. 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. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: 7 Willowbrook Commercial Center New Building"F" a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. I Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES Required Parking Spaces Minimum Number of Driveways Required Minimum Access Width Minimum Pavement 0-99 1 30' 24' curbs required 100+ 2 or 1 30' 50' 24' curbs required 40' curbs required 2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; 3. Additional requirements for truck traffic may be placed as conditions of site development review. J. 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. K. Director's authority to restrict access. The Director has the authority to restrict access when the 8 Willowbrook Commercial Center New Building "F" need to do so is dictated by one or more of the following conditions: 1. 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: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles;or c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. 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; 3. 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; • 4. A decision by the Director per 18.705.030 K. 1.-3. above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3. FINDING The site is located in an existing commercial development which has (3) existing access routes out of the development: to SW Summerfield Ave., Durham Rd., and Pacific Hwy and, hence meets the minimum access requirements. Curb cuts: Curb cuts have been provided in the existing development. New curb cuts will match existing curb cuts in accordance with Section 18.810.030N. Walkways: Existing walkways provide convenient connections between existing buildings, and a new sidewalk is proposed at the North and West sides, connecting to Durham Rd.. 9 Willowbrook Commercial Center New Building"F" Chapter 18.780 SIGNS 18.780 Signs FINDING The applicant proposes no signage at this time 10 Willowbrook Commercial Center New Building"F" Chapter 18.745 - LANDSCAPING AND SCREENING 18.745.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas;and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming(Section 18.760.040C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 11 Willowbrook Commercial Center , New Building "F" 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street,private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040 C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. 12 Willowbrook Commercial Center New Building "F" C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk),fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and I. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and 13 Willowbrook Commercial Center New Building "F" (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020 C4a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020 C4b. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. 14 Willowbrook Commercial Center New Building "F" B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of 18.745.040 B8 and 18/745.040D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting;; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or 15 Willowbrook Commercial Center ). New Building "F" c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case,fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls,fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.040 C2 a and b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view;and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.040 C2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 16 Willowbrook Commercial Center New Building "F" 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial, major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level offinished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height offences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. E. Screening: special provisions. I. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and 17 Willowbrook Commercial Center New Building"F" (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. 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; 3. Screening of swimming pools. All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one-and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street,parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. F. Butler Matrix. 1. The Buffer Matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or zoning districts; 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 18 Willowbrook Commercial Center New Building "F" C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. TABLE 18.745.1 BUFFER M4TRIX PROPOSED USE EXISTING/ABUTTING USE Single Units,Detached:Manufactured Units Attached Single Units and Multifamily,1-5 Units: Duplexes Attached Single Units and Multifamily,5+Units Mobile Home Parks Commercial Zones(CC,CG,CP,CBD) Neighborhood Commercial Zone(CA) Mixed Use Employ-meet Light Industrial Zones(IP,IL) Heavy Industrial Zones(III) Parking Lots 4-50 S0+spaces spaces Detached Single Units;Manufactured Units Attached Single Units and Multifamily, 1-5 Units,Duplexes Attached Single Units and Multifamily, 5+Units Mobile Home Parks Commercial Zones(CC,CG.CP,CBD)Neighborhood Commercial Zone(CA)Mixed Use Employment Zone(MUE)Light Industrial Zones(IP,IL)Heavy Industrial Zone(III)Parking Lots Arterial Streets —A A A CC CD D C A A— A ACCCDDCA CB — BCCCDDCA CC C—CCCDDCA DD D D—AAAD-- CC C CA—AAD-- CC C CAA—AD-- EE E EDDD—D—A FF F FDDDD--D CCCC DDDD Note: See Table 18.745.2 for alternative combinations for meeting these screening requirements. Options Width (feet) Trees(per linear feet of buffer) Shrubs or Groundcover Screening A — 10 — Lawn/living groundcover — B — 10 20'min/30'max spacing Lawn/living groundcover — 1 10 Shrubs 4'hedges C 2 8 15'min/30'max spacing Shrubs S'fence 3 6 Shrubs 6'wall 1 20 Shrubs 6'hedge D 2 15 10'min/20'max spacing Shrubs 6'fence 3 10 Shrubs 6'wall 1 30 10'min/20'max spacing Shrubs 6'hedge or fence E 2 25 Shrubs 5'earthen berm or wall F — 40 10'min/20'max spacing Shrubs 6'hedge,fence, wall or berm [11 Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.040 Al. PI Adjustments from these requirements can be obtained;see Section 18.370.020 C4. 19 Willowbrook Commercial Center New Building "F" FINDING All applicable code issues have been addressed in the landscape design of this site. Installation and maintenance of new plant material as well as protection of existing landscaping are addressed in the specifications. Street trees have been planted in excess to code, and buffering and screening meet requirements as shown in the buffer matrix. 20 Willowbrook Commercial Center New Building "F" Chapter 18.790 TREE REMOVAL 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, n accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25%of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees: b. Retention offrom 25% to 50%of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D, c. Retention offrom 50% to 75%of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of one 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 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 21 Willowbrook Commercial Center j New Building "F" 1. Density bonus. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a I%bonus may be applied to density computations of Chapter 18.715. No more than a 20%bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone; 2. Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80%of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20%of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a I%reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a I% reduction in the required amount of landscaping may be granted No more than 20%of the required amount of landscaping may be reduced for any one development. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 22 Willowbrook Commercial Center New Building"F" 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability,flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75%canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A2., excluding B.4 above, is not permitted. 23 Willowbrook Commercial Center New Building "F" 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.220 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. 24 Willowbrook Commercial Center New Building "F" D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics; 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one 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; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu-of payment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. F Exclusivity. The remedies set out in this section shall not be exclusive. FINDING 25-50% percent of existing trees over 12" in caliper have been retained on the site. Mitigation of two thirds of the removed trees (30 caliper inches) will happen at a site to be determined by the Director(sect. 18.790.060-D-3) 25 Willowbrook Commercial Center New Building"F" Chapter 18.795 VISUAL CLEARANCE AREAS 18.795.010 Purpose A. Purpose. The purpose of this chapter is to establish standards which will assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. 18 795.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. When site development review is not required. Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 18.795 030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge,planting,fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists,from the street center line grade, except that trees exceeding this height may be located in this area,provided all branches below eight feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges,plantings,fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at 26 Willowbrook Commercial Center New Building"F" least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: FINDING Groundcover or lawn is planted within the visual clearance area and will not exceed a height of 12". 27 Willowbrook Commercial Center New Building"F" Chapter 18.390 - DECISION-MAKING PROCEDURES 18.390.040 Type II Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. B. Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. FINDING: Please refer to attached Impact study report. 28 DESIGN INC. ; 503 603 9944; Sep-27-99 12:56PM; Page 2/2 W R G E S I G N I N C. September 27, 1999 Mr. Gene Mildren Mildren Design Group 11830 SW Kerr Parkway Lake Oswego, OR 97035 RE: Building F Willowbrook Commercial Center Impact Study findings Dear Gene: in review of the Willowbrook Commercial Center addition WRG Design, Inc. presents the following findings regarding impacts to the public facilities by the private development of building F. Transportation: Access to the proposed building would be via SW Pacific Highway and SW Durham Road. The Proposed development would add two additional parking stalls increasing the overall capacity by less than 1%. Storm Drainage: A lateral connecting to the public storm drainage system is present. The storm drainage volume from the site was accounted for in the original master planning of the site. The previous application and issued site development permit approved the similar storm drainage system. Sanitary Sewer: A lateral connecting to the public sanitary sewer is available to the site from earlier phases of work. A lateral is available to the building. Since the proposed finish floor elevation is higher than the surrounding existing grades, and the existing lateral meets minimum cover requirements, gravity sanitary sewer service will be provided. Water: The City of Tigard maintains a 12" Cast Iron waterline in the North lane of SW Durham Road. The water and sewer department has stated this line has adequate capacity to draw potable water service for the development. Fire: The building will be non-sprinkled and fire protection will be provided by existing hydrants at the intersections of SW Pacific Highway, SW Summerfield Drive, and SW Durham Road. it is our opinion that the development of the Willowbrook Commercial Center Building F will not negatively impact the surrounding public facilities. Sincerely, WRG Design, Inc. Brian DeHaas Project Manager PLANNERS • ENGINEERS • LANDSCAPE ARCHITECTS • SURVEYORS 10450 SW Nimbus Ave.. Portland. OR 97223 / /(5U3) 603-9933 (fax) 603-9944 CJrfurr. //,rrvuda Willowbrook Commercial Center New Building "F" Chapter 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.030 Materials Accepted A. Materials accepted. Except as provided for in 18.755.040 G and I, the storage area must be able to accept at least all "principle recyclable materials"designated by the Oregon Environmental Quality Commission and other source-separated recyclable the local government identifies by regulation. 18.755.040 Methods of Demonstrating Compliance A. Alternative methods of compliance. An applicant shall choose one of the following four methods to demonstrate compliance: 1. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; or 4. Franchised hauler review and sign-off. B. Provisions. The following provisions apply to all four methods of demonstrating compliance: 1. Section 18.755.050, Location, Design and Access Standards, except as provided in 18.755.040 G; 2. The floor area of an interior or exterior storage area required by this chapter shall be excluded from the calculation of lot coverage and from the calculation of building floor area for purposes of determining minimum storage requirements. C. Minimum standards method. 1. Description of method: This method specifies a minimum storage area requirement based on the size and general use category of the new construction; 2. Typical application of method: This method is most appropriate when the specific use of a new building is not known. It provides specific dimensions for the minimum size of storage areas by general use category; 3. Application requirements and review procedure: The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this ordinance. Through the site plan review process, compliance with the general and specific requirements set forth below is verified; 30 Willowbrook Commercial Center New Building"F" 4. General requirements: a. The storage area requirement is based on the predominant use(s) of the building, (i.e. residential, office, retail, wholesale/warehouse/manufacturing, educational/institutional, or other). If a building has more than one of the uses listed herein and that use occupies 20 percent or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). lira building has more than one of the uses listed herein and that use occupies more than 20%of the floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. b. Storage areas for multiple uses on a single site may be combined and shared. c. The specific requirements are based on an assumed storage height of 4 feet for solid waste/recyclable. Vertical storage higher than 4 feet but no higher than 7 feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of 43%of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers. 5. Specific requirements: b. Non-residential buildings shall provide a minimum storage area of 10 square feet,plus: (1) Office: 4 square feet/1,000 square feet gross floor area (GFA). (2) Retail: 10 square feet/1,000 square feet GFA. D. Waste assessment method. 1. Description of method: The waste assessment method tailors the storage area size to a waste assessment and management program for the specific users of a new building; 2. Typical application of method: This method is most appropriate when the specific use of a building is known and the type and volume of mixed solid waste to be generated can be estimated; 3. Application requirements and review procedures: a. A pre-conference with the solid waste coordinator/plan check staff is required if the waste assessment method is proposed. The applicant shall obtain a waste assessment form from the local jurisdiction; • b. The form shall be used to estimate the volumes of source separated recyclable/mixed solid 31 Willowbrook Commercial Center New Building"F" waste generated. From this information, the applicant can design a specific management, storage and collection system. Techniques such as a compactor or cardboard baler may be implemented to minimize the square footage of the site which must be set aside for a storage area; c. The waste assessment form shall be completed and submitted with site plans required by the local jurisdiction. The plans must identify the size and location of interior or exterior storage area(s), specialized equipment, collection schedule, and other features required to accommodate the volumes projected in the waste assessment. The solid waste coordinator for the local jurisdiction shall review and approve the waste assessment as part of the site plan or development review process. 4. Specific requirement: The application shall demonstrate that the mixed solid waste and recyclable volumes expected to be generated can be stored in less space than is required by the minimum standards method. E. Comprehensive recycling plan method. 1. Description of method: The comprehensive recycling plan method is most appropriate when an applicant has independently developed a comprehensive recycling plan that addresses materials collection and storage for the proposed use; 2. Typical application of method: This method can be used when a comprehensive recycling plan has been developed for a specific facility. It is most suited to large nonresidential uses such as hospitals, schools and industrial facilities. The comprehensive recycling plan method can be used for new construction or expansion that is subject to full Site Development Review, as governed by Chapter 18.360; 3. Application requirements and review procedure: The comprehensive recycling plan shall be submitted to the local solid waste coordinator at the same time site plans are submitted for site plan review. The applicant shall submit plans and text that show how mixed solid waste and recyclable generated by the proposed development will be served under a comprehensive recycling plan. The location, design and access standards set forth in 18.755.050 are applicable to new storage areas only. F. Franchised hauler review method. 1. Applicability: The franchised hauler review method is only available in jurisdictions with franchise collection service areas because there is certainty as to which hauler will actually provide service to the proposed development, once it is constructed; 2. Description of method: This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property; 3. Typical application of method: This method is to be used when there are unique conditions 32 1 Willowbrook Commercial Center New Building"F" associated with the site, use or waste stream that make compliance with any of the other three methods infeasible. The objective of this method is to match a specific hauler program (e.g., types of equipment,frequency of collection) to the unique characteristic(s) of the site or development. The following constitute unique conditions: a. Use of either of the three other methods of compliance would interfere with the use of the proposed development by reducing the productive space of the proposed development, or make it impossible to comply with the minimum off-street parking requirements of the underlying zone; b.. The site is of an irregular shape or possesses steep slopes that do not allow for access by collection vehicles typically used by the franchised hauler to serve uses similar in size and scope to the proposed use; c. The proposed use will generate unique wastes that can be stacked,folded or easily consolidated without the need for specialized equipment, such as a compactor, and can therefore be stored in less space than is required by 18.755.040 C. Sb. of this chapter. 4. Application requirements and review procedure: The applicant shall work with the franchised hauler to develop a plan for storage and collection of source-separated recyclable and mixed solid waste expected to be generated from the new building. A narrative describing how the proposed site meets one or more of the unique site conditions described above plus site and building plans showing the size and location of storage area(s) required to accommodate anticipated volumes shall be submitted for Site Development Review, as governed by Chapter 18.360. Additionally, a letter from the franchised hauler shall be submitted at the same time that describes the level of service to be provided by the hauler, including any special equipment and collection frequency, which will keep the storage area from exceeding its capacity. 18.755.050 Location,Design and Access Standards for Storage Areas A. Applicable standards. The following location, design and access standards for storage areas are applicable to all four methods of compliance, described in 18.755.040 above. B. Location standards. 1. To encourage its use, the storage area for source-separated recyclable shall be co-located with the storage area for residual mixed solid waste; 2. Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior 33 Willowbrook Commercial Center New Building"F" storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street,- 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; 7. 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. C. Design standards. 1. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; 2. Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; 3. 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; 4. Storage area(s)and containers shall be clearly labeled to indicate the type of materials accepted. D. Access standards. 1. Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service; 2. Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of 10 feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered; 3. Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safety exit the site in a forward motion. 34 Willowbrook Commercial Center New Building"F" FINDING The applicant proposes the use of existing facilities. 35 Sent By: WRG DESIGN INC. ; 503 603 9944; Sep-27-99 12:56PM; Page 2/2 W R G D E S I N I Ni C . September 27, 1999 Mr. Gene Mildren Mildren Design Group 11830 SW Kerr Parkway Lake Oswego, OR 97035 RE: Building F Willowbrook Commercial Center Impact Study findings Dear Gene: In review of the Willowbrook Commercial Center addition WRG Design, Inc. presents the following findings regarding impacts to the public facilities by the private development of building F. Transportation: Access to the proposed building would be via SW Pacific Highway and SW Durham Road. The Proposed development would add two additional parking stalls increasing the overall capacity by less than 1%. Storm Drainage: A lateral connecting to the public storm drainage system is present. The storm drainage volume from the site was accounted for in the original master planning of the site The previous application and issued site development permit approved the similar storm drainage system. Sanitary Sewer A lateral connecting to the public sanitary sewer is available to the site from earlier phases of work. A lateral is available to the building Since the proposed finish floor elevation is higher than the surrounding existing grades, and the existing lateral meets minimum cover requirements, gravity sanitary sewer service will be provided. Water: The City of Tigard maintains a 12" Cast Iron waterline in the North lane of SW Durham Road. The water and sewer department has stated this line has adequate capacity to draw potable water service for the development Fire: The building will be non-sprinkled and fire protection will be provided by existing hydrants at the intersections of SW Pacific Highway, SW Summerfield Drive, and SW Durham Road. It is our opinion that the development of the Willowbrook Commercial Center Building F will not negatively impact the surrounding public facilities. Sincerely, WRG Design, Inc. z...________ ____._ / Brian DeHaas Project Manager PLANNERS • ENGINEERS • LANDSCAPE ARCHITECTS • SURVEYORS 10450 SW Nimbus Ave.. Portland, OR 972L23 / (503) 603-9933 (tax) 603-9944 MILDREN DESIGN GROUP,P.C. • Architecture - Space Planning July 29, 1999 City of Tigard Attention:Julia Hajduk 13125 SW Hall Blvd. Tigard, OR 97223 RE: Proposed Building for Willowbrook Commercial Center Project Number 99120 Dear Julia:. In accordance with the public meeting notices dated May 26, 1999 our office opened the Town Hall Room at Tigard City Hall on June 17, 1999 at 7:00 p.m. Our office closed the conference room at 7:25 p.m. due to no attendance by the public. Enclosed are copies of the neighborhood meeting letter, 8.5 x 11 site plan,Affidavit of Mailing and Affidavit of Posting Notice and a Sign-in Sheet for neighborhood meeting attendees. Should you have any questions please call. Sincerely, Betty K. Sheppeard enclosures cc: Durham/99 Associates, Paul Challancin 11830 SW Kerr Parkway,Suite 325 Lake Oswego,OR 97035 5031244-0552 Fax 244-0417 ' BLUESTONE e '. ACCREDITED 6• ._. 0° MANAGEMENT HUC • INC_ '''.4„,..W. a.,•.• '. ORGANIZATION® R E A L T Y. I leasing•sales•management maintenance May 26, 1999 Sally Christensen 15625 SW 76''Ave. Tigard, OR 97224 RE: Durham/99 and Associates Limited Partnership Dear Ms. Christensen: Bluestone & Hockley Realty, Inc. is the Property Manager of the property located at 11565 SW Durham Rd. Tigard, OR 97224 (map #25110DC, lot#400). We are considering proposing a new 5,700 square foot building, with the same construction and use as the other buildings surrounding the concerned project. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday, June 17, 1999 City of Tigard Town Hall 13125 SW Hall Blvd. Between 7:00 - 8:30 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. We look forward to specifically discussing the proposal with you. Please call me at (503) 222-3800 if you have any questions. Sincerely, BLUESTONE & HOCKLEY REALTY,INC. Steven Bluestone Property. Manager 3835 S.W. Kelly Avenue • Portland.Oregon 97201 • Main Office (503) 222-3807 • Facsimile (503) 222-6459 (800) 859-8043 • E-mail: bhrealty @teleport.com • CCB*63068 Licensed in Oregon and Washington . I . / AFFIDAVIT OF MAILING STATE OF OREGON ) )ss. City of Tigaxd ) 1 I, STEV F!L) GLU E,-Tor‘) f_. , being duly sworn, depose and say that on m 1\.? °9(a , 19 ai. I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) 11569 si3O D E01n D, 1 hrnfl On q -iaa4 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 (-3O't T ¢'BPOA i L )h t' 1 eTi-ANC) ; O& qi Ta T 9 , with postage prepaid thereon. 4ailit fr-VPIPPI lar - Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETFJNOTARIZE) Subscribed and sworn/affirmed before me on the Zk day of , 19 »', OFFICIAL SEAL ~'1 ° CLIFFORD A. HOCKLEY NOTARY PUBLIC-OREGON `:;i1 COMMISSION NO.3 ac•• MY COMMISSION EXPIRES OE.dia,2002 E NOTARY PUBLIC OF OREGON My Commission Expires: (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: L Subject Property Tax Map(s)and Lot#(s): --I h:Vogmlpatty mastermaHrruil.mst . AFFIDAVIT OF POSTING NOTICE THrN SEVERE(7)CAT 1 NAxDAYS OF i>Gu SIGN POSTING,RETURN TITS AFFIDAVI`Z"I`E?s Tigard Planning Division 13I25 SVV'Hall:Boulekard Tigard,dR 9722..3 ;:;. i I,< rcVE,1) LU E-sl o&c , do affirm that I am (represent) the party initiating• interest in a proposed U0 iv) m , Q ci R L I,444..BL 4.LD INU affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) 1.156 Sim OO R/ AIY) 2U,) 7./ ( P o )0e. Q-7,2_2 4 , and did on the 3 LL day of (J )c. 19 4Q, personally post notice indicating that the site may be proposed for a P[JZm iT application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at AL--ONCE. D(,I'Z}-hA r) jJ ) �u�-t- EAs7. D� PRoP(c0 O3€.c.► SiC7k1 (state location you posted notice on property) toptrov.all 111111 OP 1 hforalZr- Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the 3 day of - 6Th's- - 19 ?cr fr,t,l OFFICIAL SEAL "� NOTARY PU LEY UBUCC-0R GON ��=s� COMMISSION NO.319063 MY COMMISSION EXPIRES DEC.21,2 9? NOTARY PUBLIC OF OREGON My Commission Expires: (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: LSubject Property Tax Map(s)and Lot#(s): h:UoginlpattyYnasiers laffpOSY.mst • MILDREN DESIGN GROUP,P.C. - Architecture Space Planning Sign-in Sheet - Name . Phone. Address Neighborhood Gip- z I o sw Aft L� #3�s 2A4--ads ( �- pf I�u � . 6° v R-t- '�3 Pty- actin (12;1 D( O -- 11830 SW Kerr Parkway,Suite 325 Lake Oswego,OR 97035 5031244-0552 Fax 244-0417 • m PACIFIC HWY - 99 W A Q . L\"kir& • . 9.-ii., f. 7::::,:". ' EXISTING-.)) rte -p jBULcNQA0 i 0 Li CC o a ,7 � O 1 IV o `�o ' m �1� , iii I r, ILIV%\•11 11100■ /III AM111° °RA 11.1!? .1 . i.:.;t:,•F,..: .1";.:= i'l: f•IF'46'!'•Ta' i'NIA 0 �m ,:.-1..:;',1.:..i .,' :ar ° ?'L, %9r.. -.., vii,'%ii i/tj�.ellogMbli � k. Q® ® k.".a > _� �, �r._.�r • �: �"it C liotrogiA t.. P.f.�,,,,11 � s " •, fries; "o te. //, x A " Div a ■tea■■ �y_ O r Veeeee.e.•..e 4ee+e41 y., IMICII •••••< • °e'••00O'b00iA'd ' O Q �. > �:e4eeeeeeeeerr � - Le LDNG D• • • c arth InA.0 _ rvi V 3 0 _, - .1, I 4_ tivo, ,.." • � ��Y , SEE Al A1.2 FOR PLAN ri. n-7,C] UIL,DIJG . 014 'I ■ w PRE - APPLICATION CONFERENCE NOTES • 10426/99 TUE 11:39 FAX 503 244 0417 MILDREN DESIGN GROUP-PC al 001 hit.•■••••"------ MILDREN DESIGN GROUP,A.C. ARCHITECTURN • SPACP MANNING 11830 SW Kerr Parkway,Suite 325 Lake Oswego,OR 97035 503/244-0552 Fax 244-0417 FAX TRANSMITTAL To: City of Tigard Date: C :tober 26, 1999 Fax Number: 61 4-7297 Attention: Mr.Mathew Scheidegger Copy to: Project Name: New Building for Willowbrook Project Number: 99120 Number of pages: Description: (1) Mailing list (10) Pre-Application Conference notes Total pages sent: 11 (including this transmittal) X For your use _ For approi ti For your review X As request Remarks: Attatched is the mailing list and Pre-app.Conference notes per our t lephone conversation earlier. Please call if I can provide further information Thank you. Signed: Hand Dogu Hard copy to follow in mail PA991201W P\FX-Cl'M S.I.wpd . 10/26/99 TUE 11:39 FAX 503 244 0417 MILDREN DESIGN GROUP_PC g1002 Diane Elinor Allen Dimitrios Vareldzis UNITED STA ['ES NATIONAL BANK 11570 SW Royal Villa Dr 13035 SW Watkins Ave Estate Mgmt F :al Tigard,OR 97224 Tigard,OR 97223 PO Box 8837 Portland, OR 17208 SSC PROPERTY HOLDINGS INC Eric Kvemland IBJ SCHROD IL BANK 1155 Valley St#400 11445 SW Summerfield Dr PO Box 20 Seattle,WA 98109 Tigard,OR 97224 Boise,ID 837 '.6 Ruby Samuel Lindley KCM ASSOCIATES LLC Harold&Am, Randall Jr. 16035 SW Pacific Hwy 10895 SW 5Th St Donald&J R adall Tigard,OR 97224 Beaverton,OR 97005 16165 SW Pa. ific Hwy Tigard,OR 9' 224 CONGREGATE CARE ASSET V LTD PT SUMMERFIELD ASSOCIATES LLC NORTH SHO LE CORP THE PO Box 12188 5320 SW Macadam Ave PO Box 6400• Jnit#2814 Salem,OR 97309 Portland,OR 97201 Portland,OR )7228 Judeen Bobosky . KING CITY RESIDENTIAL&CENTER L BIT HOLDIN JS LTD PARTNERSHIP PO Box 15144 PO Box 1736 11540 SW Du ham Rd Worcester,MA 01615 Lake Oswego,OR 97035 Tigard,OR 9 224 Mooki&Sangwon Kim TOBIAS INVESTMENT CO Promenade Pe to Tigard 132 SW Poplar Ct 300 SE Spokane St 3752 Holiday 2t#2 Mcminnville,OR 97128 Portland,OR 97202 La Jolla,CA '2037 TIGARD CENTER LP 9777 Wilshire Blvd#609 Beverly Hills,CA 90212 10/26/99 TUE 11:40 FAX 503 244 0417 MILDREN DESIGN GROUP PC 000:3 I1c1i1- -) ..:,;-:;':-",:::,•. E. g. s '>" - may 4' ‘:f t t, s,"' v i, ToliZ_ 7 t f : Y t �. � � ON. -O i �N�EO � . � .V ,,1 3 r 1. F c,a� ��Kt{ llu �. I rf .s: ',4,-,-;:-:.-.; Pte pIication eeting' otcs ,}r�e,valIdfor;Stx,(6Aloiithsl` 4. k'" 4 41 `u' InMI " NON-RESIDENTIAL k PRE-APP.MTG DATE ' t 11 G 9 .J STAFF AT PRE-APP.: ('/Y\ 519 A. 9 6, –C o c C 3 •* ___, 44 --T— -----mac---- APPLICANT: 6 t TT V s 5 PPE r..} a a o `— - – - --- AGENT: Phone:[ l 5-0 3 2 yy 05-5 2- Phone: [ ] PROPERTY LOCATION: ADDRESS/GEN.LOCATION: 115-195 L.,.-) D O2 0-A rY\ 217 TAX MAPES1/10T#LSl: 2 S r i v Pc - 0.2(4 00 NECESSARY APPIICATION[S): s p P 0 PROPOSAL DESCRIPTION: a,�sr�.- C,-t .4 5-, ,-7; S F €•< P4 S, �.,\J COMPREHENSIVE PLAN MAP DESIGNATION: E-1,-,� ,-.-,_ (-0,T,,-. ,_ L._s- ZONING MAP DESIGNATION: C-G- P D C.I.T.AREA: e, 1 i-y W ktO FACILITATOR: _ PHONE: (50 I) ZONING DISTRICT DIMENSIONAL REQUIREMENTS MINIMUM LOT SIZE: 0 sq. ft. Average lot width: 50 ft. Maximum buildinc height: V5 ft. Setbacks: Front 0 ft. Side o41-,:' ft. Rear 0/2— ft. Corner - _ ft. from street. MAXIMUM SITE COVERAGE: X15 % Minimum landscaped or natural vegetal on area: /5— %. [Refer to Code Section 18. 5-- _0 I e )F A8drrr,u6-- ye.-e---5 iv -/ Jr-f L L .ZCil3G ADDITIONAL LOT DIMENSIONAL REQUIREMENTS MINIMUM LOT FRONTAGE: 25 feet, unless I is created through the minor lanc partition process, Lots created as part of a partition must hav minimum of 15 feet of frontage o have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL T EXCEED 2'/2 TIMES THE AVERAGE V 'IDTH, unless the parcel is less than 11/2 times the mi • um lot size of the applicable zoning district. (Refer to Code Section 18.810. Ol CITY Of TIGARO Pre-App[Icatloo Cooterence Notes Pape 1 of 9 111114.01sWil IllouestleaRtaulaa IMsiu Sadism 10/26/99 TUE 11:41 FAX 503 244 0417 51ILDREN DESIGN GROUP. PC 004 ✓ Sv SPECIALS } e e4-c1 F=14- 4/G t-41-4 /3- ➢ STREETS: 3 o feet from the centerline of per,•.-N dam D ➢ ESTABLISHED AREAS: feet from > LOWER INTENSITY ZONES: feet, along the site's boundary.. > FLAG LOT: 10-FOOT SIDE YARD SETBACK, [Refer to Code Chapter 18.1301 SPECIAL BUILDING HEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone nay be built to a height of 75 feet provided that: > A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; > All actual building setbacks will be at least half(1/2) of the building's height; anc > The structure will not abut a residential zoned district. — -- ter to Code Section 18...1130.010.BJ 11 Di PARKING AND ACCESS -' ' ' ' 2__o'J e A(PA R v•-1 •�w-� parking for this type of use: re k-a.c..S— 3. 3 /i oo o-(-* LL_ •1 I C C Parking SHOWN on preliminary plan(s): l � vz K c t(--- S-EC USE REQUIRED parking: _ t� {�-�c� �� I(O°f' • s(("� Parking SHOWN on preliminary plan(s): o (15i lwrwe -;rte NO MORE THAN 40% of required spaces may be designated and/or dimensil ned as compact spaces. PARKING STALLS shall be dimensioned as follows: > Standard parking space dimensions: 8 feet, 6 inches x 18 feet. > Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 5 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 wt Bel stop or curb can be Included as part of required parking space depth. This area cai not be included as landscaping for meeting the minimum percentage requirements. [Refer to Code Section 18.765.0401 Handicapped Parking: > All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disable( person parking spaces to be provided, as well as the parking stall dimensions, are mandated )y the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapp 'd parking space symbol shall be painted on the parking space surface and an appropriate sign ; -rail be posted. > BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL A JD INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from autc mobile traffic and in convenient locations. Minimum number of accesses: Minimum access wic the 3 a . Minimum pavement width: y ` All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: (Refer to Code Chapters 18.765 and 18.705) CM'6FT16ARD Pre-Application Conference Notes Page 2 of 9 MsIHasfdaafa[ypUc:tla'Maimiq UhMslsa Sactlee . 10, 26/99 TUE 11:42 FAX 503 244 0417 MILDREN DESIGN GROUP PC 1 005 - ✓ • ALKWAY REQUIREMENTS_ EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commerciz , institutional, and industrial uses, to the streets which provide the required access and egress. Wall. says shall provide convenient connections between buildings in multi-building commercial, institute( nal, and industrial complexes. Unless impractical, walkways should be constructed between a nevi development and neighboring developments. (Referto Code Section 18.705.030) LOADING AREA REQUIREMENTS ".' 0.--F--------E-very_COMMERCIALOIDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUI RE FEET shall be provided with a loading space. The space size and location shall be as apF -oved by the City E_ _ngineer• (Re to Code Section 18165.0801 CLEAR VISION AREA GP- 061- The City r q i s that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road inter ections. The size of the required dear vision area depends upon the abutting street's functional clan ification. (Refute Code Chapter 18.7951 BUFFERING AND SCREENING O INCREA_SFRIVACY AND TO EITHER REDUCE OR ELIMINATE .DVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between diffe ent land uses, the City requires landscaped buffer areas along certain site perimeters. Require( buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mi :tore of deciduous and evergreen trees and shrubs and must also achieve a balance between vert ,al and horizontal plantings. Site obscuring screens or fences may also be required; these are oftei advisable even if not required by the Code. The required buffer areas may only be occupied by 1 egetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. (Refer to Code Chapter 18.7451 17/IT) f The REQUIRED BUFFER WIDTHS which are applicable to your proposal area are as follows: feet along north boundary. feet alon i east boundary. feet along south boundary. feet alon, I west boundary. • • 'DITI ON, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: LANDSCAPING 4'':�',,‘,;1-'iht l s TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING C N 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) eet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inch( s when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart iepending on the branching width of the proposed tree species at maturity. Further informati ■n on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES Ml ST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. L< ndscaped parking areas shall include special design features which effectively screen the parking lo 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 a( cesses. (Refer to Code Chapters 18.745,18 765 and 18.7051 CITY IFTIGARD Pre-Agancation Conference Notes Page 3 of 9 1114sslsstlsl Kadin/PI'film 1111sIta Seals 10!26/99 TUE 11:43 FAX 503 244 0417 MILDREN DESIGN GROUP PC 0 006 • SIGNS / f ."L.. ..' , ..,. ::.1. -' . . k- ----SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY S GN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Addi Tonal sign area or height beyond Code standards may be permitted if the sign proposal is revie ved as part of a development review application. Alternatively, a Sign Code Exception applicatio i may be filed for review before the Hearings Officer. (Refer to Code Chapter 18.7801 SENSITIVE LANDS The Code provides REGULATIONS FOR LANDS IC1 ARE POTENTIALLY U JSUITABLE FOR DEVELOPMENT DUE TO AREAS WITI N THE 100-YEAR FLOODPI AIN, NATURAL DRAINAGEWAYS, WETLAND AREAS,_ SLOPES IN EXCESS OF 25 PE RCENT, OR ON UNSTABLE GROUND. Staff will e' ipt to preliminary identify sensitive lands areas at the pre- application conference based op--available information. HOWEVER, the respon: ibility to precisely identify sensitive lands argas, and their boundariesn is the responsibility of the applicant. Areas meeting the definition -of sensitive lands must be clearly indicated on plans s ibmitted with the development appli �n, Chapter 18.77 also provides regulations for the use, protection, or modification )f sensitive lands areas. RES ENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS (Refer to Code Chapter 18.1151 STEEP SLOPES When STEEP SLOPES exist, prior to is ante of a final order, a geotechnia I report must be submitted which addresses the approv standards of the Tigard Community D tvelopment Code Section 18.775.080.C. The report s be based upon field exploration and inve tigation and shall include specific recommendation or achieving the requirements of Section 1E 775.080.C.2 and 18.775.080.C.3. UNIFIED SEWERAGE AGENCY(USAI BUFFER STANDARDS,R&0 9 r-44 LAND DEVELOPMENT ADJACENT TO SENSI 'IVE AREAS shall preserve and m iintain or create a vegetated corridor for a buffer wide enough t• protect the water quality functionir j of the sensitive area. Design Criteria: The VEGETATED CORRIDOR SHALL :E A MINIMUM OF 25-FEET-WIDE, mea: ured horizontally, from the defined boundaries of the s: sitive area, except where approval has be .n granted by the Agency or City to reduce the width • a portion of the corridor. If approval is granl )d by the Agency or City to reduce the width of a p• ion of the vegetated corridor, then the surface water in this area shall be directed to an area o the vegetated corridor that is a minimum of 2f feet wide. The maximum allowable encroach ent shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the lengt of the vegetated corridor within the development or r roject site can be less than 25 feet in widt . In any case, the average width of the vegetated c irridor shall be a minimum of 25 feet. tri ti•i in - -•.-t.t- •1'•or: NO structures, de -lopment, construction activities, gardens, lawns, applicati to of chemicals, dumping of any :terials of any kind, or other activities shall be permitted which otherwise detract from the water ality protection provided by the vegetated corridor, except as allo ved below: D A GRAY WALKWAY OR BIKE PATH, NOT EXCEEDING EIGHT (8) FEET IN WIDTH. If the walkw or bike path is paved, then the vegetated corridor must be widened t y the width to the path. A paved or gravel walkway or bike path may not be constructed closer .han ten (10) feet fro the boundary of the sensitive area, unless approved by the Agency or Cii i. Walkways and bi a paths shall be constructed so as to minimize disturbance to existing veget ition; and CITY Of TIGARD Pre-Application Conference Notes Page 4 019 1111-[azt[aatlal bufcatl•UPtaaalN Wan f•cUsa . 10/26/99 TUE 11:44 FAX 503 244 0417 MILDREN DESIGN GROUP PC i¢J007 > WATER QUALITY FACILITIES may encroach into the vegetated corridor a m lximum of ten (10) feet with the approval of the Agency or City. i Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCEI S or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall I e contained in a separate tract, and shall not be a part of any parcel to be used for the construction pf a dwelling unit. [Refer to R 0 96-44/USA Regulations-Chapter 3,Design for SWMI WATER RESOURCES OVERLAY DISTRICT The WATER RESOURCES (WR) OVERLAY DISTRICT implements the polio es 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 E id streams; limit development in designated riparian corridors; maintain and enhance water quali y; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; mail tain and enhance fish and wildlife habitats; and conserve scenic, recreational and educationa values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATE NIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 admin strative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and rip. rian 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 DepE tment of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). D Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCE 3T THE NORTH FORK AND OTHER TRIBUTARY CREEKS)AND BALL CREEK. Minor Streams: Streams which are NOT `FISH-BEARING STREAMS" according to Oregon Depa tment of Forestry maps . Minor streams in Tigard include Summer Creek, Deny Dell Creek, Red F .ock 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 MAJ )R STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WE1 LAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary in OAR 660-23- 090(1)(d). D The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, LI Mess modified in accordance with this chapter. D The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modif sd in accordance with this chapter. D ISOLATED WETLANDS AND MINOR STREAMS (including adjacent w stiands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Jnified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. (Refer to Code Section 18391.0301 CITY OFTIGARD Pre-Appllcatlon Conference Notes rage 5 of 9 I$IIeaaetw 4n Ileetlea/Maaaiu IIMsiea Wass . 10.'26/99 TUE 1 1 : 45 FAX 503 244 0417 MILDREN DESIGN GROUP PC 008 Riparian Setback Reductions The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUA AT(N RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MU9H AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided ti at 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 ar Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK R1=DUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation we 5 adopted. This determination must be based on the Vegetation Study required by Section 18.797.050 that demonstrates all of the following: ➢ Native plant species currently cover ess than 80% of the on-site riparian cot -idor area; ➢ The tree canopy currently covers ess than 50% of the on-site riparian co ridor and healthy trees have not been removed fra the on-site riparian setback area for the I ist five years; ➢ That vegetation was not remo ed contrary to the provisions of Section 18.4 D7.050 regulating removal of native plant sped s; ➢ That there will be no infrin• -ment into the 100-year floodplain; and ➢ The average_siope of the iparian area is not greater than 20%. Meter to Code Section 18 '1.1001 TREE REMOVAL PLAN REQUIREMENTS A--TREE_PAN -FOR-THE-PLANTING, REMOVAL AND PROTECTION OF TREE S prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or ps rcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where lossible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees includinc trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal )ver 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.79C 060.D. according to the following standards: Retainage of less than 25% of existing trees over 12 inches in aliper requires a mitigation program according to Section 18.790.060.D. of no net loss of trees; b Retainage of from 25 to 50% of existing trees over 12 inches in ca per requires that two-thirds of the trees to be removed be mitigated according to Sectii n 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in ca iper 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 c aliper 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 b ' 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 a Pove and will be replaced according to Section 18.790.060.D. Meter to Code Section 18.190.030.CJ CiTY Unsling PrealpplIcatlon Conference Notes Page 6 of 9 0114.sI lath!ioolicuNoRisaalu Division d.aioa 10/26/99 TUE 11:47 FAX 503 244 0417 MILDREN DESIGN GROUP PC 009 MITIGATION REPLACEMENT OF A TREE shall take place according to the following quid lines: ➢ A replacement tree shall be a substantially similar species considering site Iharacteristics. ➢ 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. ➢ If a replacement tree of the size cut is not reasonably available on the log market or would not be viable, the Director shall require replacement with more than one ree in accordance with the following formula: The number of replacement trees required shall be determine i by dividing the estimated caliper size of the tree removed or damaged, by the :aliper size of the largest reasonably available replacement trees. If this number c f 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, eit ter public property or, with the consent of the owner, private property; and ➢ The planting of a replacement tree shall take place in a manner reasor ably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a p: rty may, with the consent of the Director, elect to compensate the City for its costs in pert )rming such tree replacement. (Refer to Code Section 18.790.0601) NARRATIVE - APPLICANT SHALL SUBMIT A NARRATIVE which provides findings basec on the applicable approval standards. Failure to provide a narrative or adequately address criteria 'ould be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Chapter 18.321 CODE CHAPTERS 18.330 1,718.390 V 18.520 _ 18.715 18.765 ✓ 18.795 _ 18.350 _ 18.420 _ 18.530 V 18.730 18.775 _ 18.797 _ 18.360 _ 18.430 _ 18.620 1418.745 ✓ 18.780 _ 18.800 18.370 _ 18.510 ✓ 18.705 ✓ 18.755 j 18.790 IMPACT STUDY ►/ e APPLICATION SUBMITTAL REQUIREMENTS, applicants are rec fired to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantifi the effect of the Iopmeat on_ ub c 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 facili y 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, a. d affected private property users. In situations where the Community Development Code requires th, dedication of real property interests, the applicant shall either specifically concur with the dedicatil n requirement, or provide evidence which supports the conclusion that the real property dedication -equirement is not roughly proportional to the projected impacts of the development. [Refer to Code Sections 18.390.040 and 18.390.0501 CITY Of TIGARD Pre-Application Coufereace Notes Page 7 of 9 in i.al.eattat JDanca leU►laaalag IMstea sash.' . 10,/26/99 TUE 11:48 FAX 503 244 0417 MILDREN DESIGN GROUP PC 010 NEIGHBORHOOD MEE11N6 -- FHE--APPLfCANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF AN ( LAND USE SUBCOMMITTEE(S) 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 handoi t concerning site posting and the meeting notice. Meeting is to be held prior to submitting your, application or the application will not be accepted. (Refer to the Neighborhood Meeting Handout) SUBDIVISION PLAT NAME RESERVATION PRIOR TO SUBMITTING A SUBDIVISION Waif-USE APPLICATION with tf 3 City of Tigard, applicant's are required to complete and file- subdivision plat naming request wit 1 the Washington County Surveyor's Office in order to obtain approval/reservation for any s lbdivision name. Applications will not be accepted-as complete until the City receives the fax€ i confirmation of approval from the County oft Subdivision Name Reservation. (County Suntey . nice: 503-648-88841 BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ,CCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspecti )n approvals by the Building Division will not be granted until there is compliance with ; II conditions of development approval. These pre-application notes do not include con' inents from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to deterrr ne if there are building code issues that would prevent the structure from being constructs i, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where an ' structure to be demolished has system development charge (SDC) credits and the underlyir 3 parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to al ply those system development credits to the first building permit issued in the development (UNLE 3S OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLI1 ION PERMIT IS ��BTAINED). RECYCLING_,)('11- 41-t.41 754 ..� . ., .,rr% '40 ,� _. _- Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPIOVAL OF SITE SERVICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERS )N: Lenny Hing with Pride Disposal at (503) 625-6177. 1-61c (c0 67_,S-—6 tl`1 (Refer to Code Chapter 18.7551 he'y rt°Ve ADDITIONAL CONCERNS OR COMMENTS: CITY OFTIGARD Pre-Application Conference Notes Page 8 019 N/INaNeetltl IufleetloCrtaulefl IMslee kolas • 1Q/26/99 TUE 11:48 FAX 503 2,44 0417 MILDREN DESIGN GROUD PC I?011 PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. —7 - Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Corn nission making a recommendation on the proposal to the City Council. An additional pul ilic hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS V- All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAF F MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE N( TE: Applications submitted by mail or dropped off at the counter without Planning Division .4 ;ceptance may be returned. Applications will NOT be accepted afterj:00 P.M. on Fridays or ' ;30 on other week days. 'A;Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 1 1 inches. One (1), II . • • . • • • • -d • •'e t • Id be submitted for attachment tc the staff report or ':':dministrative decision. Application with unfolded maps shall not be accer ;ed. The Planning Division and Engineering Division will perform a preliminary revie r of the application and will determine whether an application is complete within 30 days of the cow ter submittal. Staff will notify the applicant if additional information or additional copies of the subr lifted materials are required.. The administrative decision or public hearing will typically occur approximately 4E 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 addition 11 time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An ap )eal on this matter would be heard by the Tigard r ry L 03(lc_, A basic flow chart which illustrates the review process is available from the Planning Division upon r :quest. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community )evelopment 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 ievelopment of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of ood to planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Co the shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant eitl• ;r obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior fo submittir F an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE F EQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUB VIITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (i nless deemed as unnecessary by the Planning Division). PREPARED BY: I7o 1 s M t c-H A-E( QTY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING F iE-APP. MEETING PHONE: 503 634-4171 FAX: 503 684-7247 E-MAIL staf s first name)@ci.tigard.or.us .p .42_ S i:\asrpin\rtusten\rerised\preapp-crost (Engmeenng section:preapp.eng)\ Revised 1128/99 CITY OF TICARO Pre-Application Conference Notes Page 9 of 9 IU4uidwttal1PuIlcItl.aRtaaalal IMNsl.l Seaton ADDITIONAL DOCUMENTS 3-06-200 1 1 :22AM FROM 11REENWORKS. P. C. 1 503 222 228R P 1 FAX TRANSMITTAL REED1JjgR1's DATE: 03-06-00 PROJ. No.: 94121.1 PROJECT: WILLOWBROOK COMMERCIAL To: MATT SCHEIDEDGER FAX No.: 503-684-7297 CITY OF TIGARD REMARKS: Attached please find the information in regards to tree costs for mitigation of the above mentioned project. Our previous assumption of 30 caliper inches of mitigation was incorrect, arid the attached reflects the correct mitigation inches figure of 46". The disparity was the result of not providing mitigation for 100% of trees removed over 12". Please give me a call if you have any questions or require anything more. Mike cc: Hande Dogu-Mildren Design Group GREENWORKS, P.C. Page 1 of 3 BY: MICHAEL E. O'BRIEN CONFIDENTIALITY NOTICE: The information contained in this facsimile is confidential and is intended only for the use of the Individual or entity named above. If the reader of this message is not the intended recipient,this series as notification that any reading,disclosure,copying distribution,or the taking of any action In reliance on the contents of this communication Is strictly prohibited. If this transmission was received in error,immediately notify us at 503!222-5612 to arrange for return of the original facsimile GreenWorks,P.C. o Landscape Architecture o Environmental Design Union Station o 800 NW 5th Avenue,Suite 327 o Portland.Oregon 97239 o 503.222 5612 o Fax'503.222.2283 o email:greenwks®aol corn 3-06-200 1 1 =23AM FROM 3REENWORKS, P. C. 1 503 222 2283 P. 2 01/00/¢+0 1270 P.�1 ' $ r....y---"-- - SE R41 1`a • S r E C I M L N O R N A M C n T A 1 Z K C L S Mike O'Brian GreenWorks Mike, cQ Regarding the City of Tigard mitigation. For PS 3" Acer platanoides the costs would run $ 145.00 per tree with all varieties of platanoides the same cost. Delivery to Tigard would be 5150.00 for one load_ The way plant inventories are holding right now these trees would be in short supply. If you have any questions, feel free to call_ Sincerely, / 4 - Tom Epler • • • 43.(6 SW Hutt Road.fans!Gtwc.Ormsnn 97116•503 357.5141 • to 5!33357-1357.• 1-900.1'/4-St 41 •wv+a.tNeu y<An 3-06-200 1 1 :23AM FROM GREENWORKS, P. C. 1 503 222 2283 P. 3 / / , 1. .4001 ,.. [alPill FINE S"PINE i 31E I 8"PI E © ___ s •-At� s: r Li is ANI:hpiNE E JAL 2-10"REDWOO 3 _ 16"MAPLE 3K ---- 2-10"REDWOOD CIE---„,.. r t .„.„---- 6"MAPLE ‘4') ` 8"6"8 RED `` . \, ..p. 7 ,..______ \ ..-P ---- . February 28, 2002 //iow;;� CITY OF TIGARD OREGON Layton Properties LLC Attn: Jeff Layton 11535 SW Durham Road Suite C6 Tigard, OR. 97224 RE: Willowbrook II Commercial Center(SDR1999-00022) Dear Mr. Layton: This letter is in response to your request for an extension to SDR1999-00022. According to the decision, you received Planning Commission approval on February 18th 2000, which went into effect on March 7th of 2000. The approval expired in September 2001, and your request for an extension is 5 months past the expiration date. You were to have substantial construction of the approved plan within one-and-one-half years of the effective approval date. Substantial construction refers to site work(i.e. grading, pouring of foundation) or substantial construction of the proposed building itself. Your letter mentions that, "parking as required by Code was constructed as shown on the approved plans, and was completed within the 18-month timeline." However, after review of SDR1999-00022 no reconfiguration of the parking lot was required. Furthermore, City records show that eight (8)of the ten(10) conditions of approval have not been met. This is the second time an application for development of the subject site has lapsed. Based on the information above, the City of Tigard cannot issue an extension to SDR1999-00022. I am available to answer questions and otherwise assist you as may be required at 639-4171 Extension 317. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. If I am not available, please leave your name and phone number so that I can call you back as soon as possible. Sincerely, 'Afe-4'47 Math- cheidegger Assistant Planner I/cu pin/mathew/correspondence/SDR1999-00022 c. Jim Hendryx Land Use File SDR1999-00022 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 ;rl Layton Properties, LLC 11535 SW Durham Road Suite C6 Tigard, Oregon 97224 February 14, 2002 City of Tigard Planning Department Attention: Dick Bewersdorff 13125 SW Hall Boulevard Tigard, OR 97223 RE: Willowbrook II Commercial Center City of Tigard SDR1999-00022 Dear Mr. Bewersdorff: I am the owner of the Willowbrook II Commercial Center at 11565 SW Durham Road (2S 110DC, Tax Lot 02400). The addition of a 5,787.6 square foot building and associated parking to the Commercial Center was approved for Site Development Review on February 7, 2000 (final approval on February 18, 2000). Based on the Code standard for an 18-month limit to Development Review approvals, the approval expired on September 2001. This letter is to request an extension on the expired approval for the following reasons. According to Code Section 18.360.030(C)"Site development review approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. The site development review approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half years period; or 2. Construction on the site is a departure from the approved plan." Although the Development Review was approved with conditions in February 2000, the opportunity to develop the site did not materialize at that time as planned. Although the building was not constructed, substantial construction was completed in conjunction with the approved plans. The parking as required by Code was constructed as shown on the approved plans, and was completed within the 18-month timeline. As well, according to Code Section 18.360.030(D) "The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: 1. No changes are made on the original site development review plan as approved by the Director; 2. The applicant can show intent of initiating construction on the site within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based." If this extension is approved, I intend to sell the property with the approved plans to a party whom I expect will construct the project within one year, and consistent with the approved design. Through research I have completed, I do not believe that there have been applicable changes to the Comprehensive Plan that would effect the existing approval. Thank you for taking my request into consideration. Please call if you have questions or need further information. Sincerely, 041 fit Vb. J ayton CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes February 7, 2000 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Incalcaterra, Mores, Olsen, Padgett, and Topp Commissioners Absent: Commissioners Griffith and Scolar Staff Present: Dick Bewersdorff, Planning Manager; Matt Scheidegger, Assistant Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The Commissioners were reminded about their joint meeting with City Council on February 15th 4. APPROVE MEETING MINUTES Commissioner Topp asked for a correction to the November 15, 1999, minutes. On page 12, instead of "... services have superseding authority..." it should read "supersiting". Commissioner Olsen moved and Commissioner Padgett seconded the motion to approve the November 15, 1999, meeting minutes as corrected. A voice vote was taken and the motion passed unanimously. Commissioner Topp asked for a correction to the November 22, 1999, minutes. On page 5, after "Regarding the height requirements, Mr. Topp would prefer lower level buildings and he is concerned about the interplay ..." it should read that he preferred lower level buildings to a tall building surrounded by a sea of parking. President Wilson noted that the last paragraph on page 5 sounded like his concerns were primarily about the three jurisdictions, but his concerns actually dealt with the public improvement issues. Commissioner Padgett moved and Commissioner Anderson seconded the motion to approve the November 22, 1999, meeting minutes as corrected. A voice vote was taken and the motion passed unanimously. Commissioner Padgett moved and President Wilson seconded the motion to approve the December 6, 1999, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 4-0. Commissioners Anderson, Incalcaterra, and Olsen abstained. PLANNING COMMISSION MEETING MINUTES—February 7,2000—Page 1 5. PUBLIC HEARING 5.1 SITE DEVELOPMENT REVIEW (SDR) 1999-00022/PLANNED DEVELOPMENT REVIEW (PDR) 1999-00003 WILLOWBROOK II COMMERCIAL BUSINESS CENTER The applicant proposes to construct a 5,787.6 square foot commercial building. LOCATION: 11565 SW Durham Road; WCTM 2S110DC, Tax Lot 02400. ZONE: General Commercial; C-G. The purpose of the general commercial areas is to provide for major retail goods and services. Permitted uses in the C-G zoning district are public agency administrative services, lodge, fraternal and civic assembly, parking, amusement, animal sales and services, automotive sales and light equipment repairs, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.705, 18.730, 18.745, 18.755, 18.765, 18.780, 18.790 and 18.795. STAFF REPORT Assistant Planner Matt Scheidegger presented the staff report on behalf of the City. He stated that the applicant is proposing to construct a 5788 square foot building in the CG zone with a planned development overlay. Scheidegger advised that the project had been previously approved in 1996, but the building was not constructed in time and the approval time had lapsed. He said the application was essentially the same as before, with an additional 16 parking spaces. He said staff recommended approval based on the conditions of approval as listed in the staff report. Commissioner Padgett asked if there were any differences in the conditions from the previous approval. Scheidegger answered that the pedestrian safety walkways were new. Dick Bewersdorff noted that the buffering/landscape standards were changed in the new code, but virtually it was the same application. Bewersdorff advised that the parking calculations provided by the applicant were for the entire center. APPLICANT'S PRESENTATION Betty Shepherd from Gene Mildren Design Group, reviewed the existing site, noting the added parking spaces for the building. She stated that the use for the building would fit the General Commercial zone. She said the plan meets the landscaping requirements —they would be removing some trees, but planting more. She said they would also pay for tree mitigation in lieu of planting all the trees. Shepherd said there would be sufficient trash enclosures and that they would be adding one more space for bicycle parking. She described the building, stating that it would be identical to the other buildings on the site, with a wood frame and tile roof. When asked if the applicant agreed to all the conditions in the staff report, PLANNING COMMISSION MEETING MINUTES—February 7,2000—Page 2 • Shepherd answered yes and noted that this is the last building in the development. She said that there would be no restaurant use in this building. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Padgett moved and Commissioner Anderson seconded a motion to approve the Site Development Review and the Planned Development Review based on the staff report, including the conditions of approval, and testimony heard tonight. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 7:47. r / Ate- •/ ' Jerree Gayn , Plannin• ' ommi J:ion Secretary d /411 ATTE : President Nick Wilson PLANNING COMMISSION MEETING MINUTES—February 7,2000—Page 3