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SDR1997-00006 SDR97 - 00006 CAR TOYS NOTICE OF DECISION SITE DEVELOPMENT REVIEW (SDR) 97-0006 , 1. .41' VARIANCE (VAR) 97-0006 CIunOFTIOARD Community:Development CAR TOYS Shaping Better Community SECTION I: APPLICATION SUMMARY CASES: FILE NAME: CAR TOYS Site Development Review (SDR) 97-0006 Variance (VAR) 97-0006 PROPOSAL: The applicant has requested the following development applications: 1 . Site Development Review approval to allow the construction of a 5,373 square foot Car Toys retail building; and 2. Variance request to building placement criteria that requires buildings to occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. APPLICANT: Jeff Piccalo OWNER: Same Brettler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 COMPREHENSIVE PLAN DESIGNATION: General Commercial; C-G. ZONING DESIGNATION: General Commercial; C-G. The C-G zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, and eating and drinking establishments, among other uses. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. The site is located at the southeast corner of the intersection of SW Pacific Highway and SW Dartmouth Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164; and the Tigard Triangle Design Standards. SECTION II: DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE CF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 1 OF 18 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1 . Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements). Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. Additional right-of-way shall be dedicated to the public along the frontage of SW Dartmouth Street to increase the right-of-way to 47 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall construct a street widening improvement along the frontage of SW Dartmouth Street. The improvements adjacent to this site shall include: A. additional PCC pavement widening (match existing structural section) to provide a total paved width of 66 feet curb-to-curb (33 feet from centerline); B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. concrete sidewalk; E. street striping; F. streetlights as determined by the City Engineer; G. adjustments to existing traffic control signage or traffic signals and appurtenances, if necessary; H. street signs (if applicable); and I. driveway apron. NOTICE OF DECISION SDP '7-0006NAR 97-0006-CAR TOYS PAGE 2 OF 18 6. The applicant shall obtain a permit from the Tualatin Valley Water District for any proposed water connection(s) prior to issuance of the City's public improvement permit. 7. Prior to issuance of the site and/or building permit, the applicant's storm drainage plan shall be revised to ensure that all of the on-site runoff will be contained within the subject site and properly conveyed to the public system without flowing onto adjacent properties. Off-site easements will be required if storm water must flow across adjacent properties. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 9. The applicant shall comply with the requirements set forth in the August 8, 1997 letter from ODOT to Christensen Engineering. The applicant shall obtain the necessary plan approval and/or construction permit to satisfy those requirements. 10. Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea, Planning Department (639-4171). The revised plans shall include the following: A. provide a statement from the landscape architect verifying that the Clevelend Maple is a broad-spreading street tree in accordance with the Landscape and Street Tree Standards and would thus, satisfy this criteria, or provide replacement trees that satisfy the standard; B. lighting plan showing that lighting fixtures are selected, designed and situated to direct light towards areas of the site vulnerable to crime; C. mitigation plan that provides for no net loss of trees in accordance with this section. The plan shall demonstrate mitigation of 55 caliper inches. This mitigation is in addition to the required minimum landscaping, street trees, and parking lot trees; D. all building elevations to be setback a maximum of 10 feet; E. provide for a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The northeast elevation ground floor wall area contains approximately 456 square feet, thus requiring 228 square feet of windows, display areas or doorway openings and the northwest elevation ground floor wall area contains approximately 444 square feet, thus requiring 222 square feet of windows, display areas or doorway openings; F. elevations showing the location of all roof mounted equipment and demonstrating how all roof mounted equipment shall be screened; G. 3 1/2 caliper inch trees within the landscape planters between the parking lots and both SW Dartmouth Street and SW Pacific Highway; and H. written solid waste hauler approval of facility location and equipment compatibility. 11 . Plans approved by Tualatin Valley Fire and Rescue. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE FINAL BUILDING INSPECTION: NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 3 OF 18 12. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City and provide a one-year maintenance assurance for said improvements. 13. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: A. mylars; and B. a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. 14. All site improvements shall be installed as approved, per the revised site plans. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: In 1979, a Site Development Review (SDR 25-79) was approved to allow an expansion of the Burger Boy parking lot. No further development applications were found to have been filed with the City of Tigard. Vicinity Information: The subject property is located at the southeast corner of the intersection of SW Pacific Highway and SW Dartmouth Street. Surrounding properties are zoned C-G (General Commercial) and are developed with commercial uses. Site Information and Proposal Description: The site consists of two (2) parcels containing approximately 21,396 square feet and Alexander's restaurant. The applicant is proposing to demolish the existing restaurant and construct a 5,373 square foot, Car Toys retail building. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 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 NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 4 OF 18 supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61 , TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Upon obtaining a building permit, the applicant will be required to pay TIF's. The applicant's narrative states that their estimate for TIF fees is approximately $9,397. Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $29,365.00 ($9,397 divided by .32). The difference between the TIF paid, and the full impact, is considered an unmitigated impact on the Collector and Arterial Street system. Since the TIF paid is $9,397.00, the unmitigated impact can be valued at $19,968.00 impact on the Collector and Arterial Street system. The applicant's narrative states that improvements to SW Dartmouth Street will cost approximately $17,500. Given these estimates, the improvements are roughly proportional to the impacts. Use Classification: The applicant is proposing to build a Car Toys retail building. This use is classified in Code Section 18.42 (Use Classifications) as Automotive and Equipment: Repairs, Light Equipment. Section 18.62.030(A)(2)(d)(ii) lists Automotive and Equipment: Repairs, Light Equipment as a permitted use in the C-G zone. Dimensional Requirements: Section 18.62.050 states that there is no minimum lot area and the average minimum lot width is 50 feet. Developments are required to provide a minimum of 15% landscaping. The site has a width of approximately 115 feet, thereby, exceeding the required minimum lot width requirement. The applicant is proposing approximately 3,416 square feet or 17% of the site for landscaping. Setbacks: Section 18.62.050 states that no front, side, or rear yard setback is required except 20 feet shall be required where the zone abuts a residential zoning district. The maximum building height is 45 feet. Zoning setbacks are not applicable as the site does not abut a residential zone. The applicant is proposing a building height of 26 feet, well under the maximum 45 feet allowed. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.80 (Planned Developments), 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 18.98 (Building Height Limitations: Exceptions) or 18.144 (Accessory Use and Structures), which are also listed under Section 18.120.180.A.1 . These chapters are, therefore, found to be inapplicable as approval standards. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 5 OF 18 Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year Floodplain) or 18.120.180.9 (Demarcation of Spaces) and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The request is for a redevelopment of an existing developed commercial site. Given the location of the building, parking area and accessway, as well as, the grading required to accommodate this proposal, several of the existing trees will be removed. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The plan will also include new parking lot and street trees. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as this proposal does not abut a use that requires buffering in accordance with the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. As indicated on the site plan, parking and storage areas shall be screened from adjoining properties. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. A lighting plan showing that lighting fixtures are selected, designed, and situated to direct light towards areas of the site vulnerable to crime shall be submitted, in accordance with this section. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type and location of trees and shrubs. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The Tigard Triangle Design Standards require that on Dartmouth Street, the street trees shall be broad spreading to 25 feet with a minimum spacing of 27 feet. The trees shall be located between the sidewalk and street. The landscape plan shows the provision of Cleveland Maple trees spaced approximately 27 feet. The applicant shall provide a statement from the landscape architect verifying that the Clevelend Maple is a broad-spreading street tree in accordance with the Landscape and Street Tree Standards and would, thus, satisfy this criteria or provide replacement trees that satisfy the standard. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 6 OF 18 Screening: Special Provisions: Section 18.100.110(A) 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-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, screening has been provided in accordance with this section. Visual Clearance Areas: Section 18.102 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 (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The Tigard Triangle Design Standards state that if a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. The standards allow for zero foot setbacks and require that buildings be located at public street intersections. Therefore, the vision clearance area is not applicable to this application. Minimum Off-Street Parking: Section 18.106.030.(C)(7) requires a minimum of one (1) parking space per 500 square feet gross floor area of Automotive and Equipment: Repairs, Light Equipment. The 5,373 square foot Car Toys requires eleven (11) parking spaces. As indicated on the site plan, 28 parking spaces have been provided, thereby, satisfying this criteria. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 2 disabled parking spaces if 26 to 50 parking spaces are provided. The plan shows the provision of two (2) disabled parking spaces, thereby, satisfying this criteria. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. One (1) bicycle parking space is required for this development. The plan notes that two (2) bicycle parking spaces are provided, thereby, satisfying this criteria. Off-Street Loading spaces: Section 18.106.080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. This section is not applicable as the building is less than 10,000 square feet. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 7 OF 18 Access: Section 18.108.080 requires that commercial and industrial uses which require less than 100 parking spaces provide one (1) access with a minimum width of 30 feet and a minimum pavement width of 24 feet. This criteria is satisfied as the preliminary plan shows the provision of a 24-foot access drive on SW Dartmouth Street. This site is the recipient of an existing access easement that grants access to the Costco driveway. This easement was provided as a condition of Site Development Review (SDR 93-0018) approval for the Costco development. The applicant has requested that access be provided directly on SW Dartmouth Street and not from Costco's driveway via the easement. The applicant has provided a Costco Driveway Access Study that shows utilization of such a driveway at existing grades would require a 22% slope. The Tualatin Valley Fire and Rescue maximum recommended standard is 15%. It is possible to provide a longer driveway approach to provide 15% slopes, but this would require more grading on the Car Toys site. Staff is also concerned about the proximity of the existing easement onto the Costco driveway and SW Dartmouth Street. This concern is related to stacking of vehicles on the Costco driveway and interruption of the flow of traffic on SW Dartmouth Street. Given the grades and traffic concerns, the City will not require a driveway connection to the Costco driveway. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. 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 six (6) inch vertical separation (curbed), or a minimum three (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 (4) 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. The proposed site plan shows the provision of a walkway connection to SW Dartmouth Street, thereby, satisfying this criteria. Mixed Solid Waste and Recyclables Storage: Section 18.116 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 plans show the provision of a trash enclosure. The applicant shall provide a written sign-off from the hauler regarding the location and compatibility of this facility. Tree Removal: Section 18.150.025 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 NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 8 OF 18 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. This section requires a program to save existing trees or mitigate tree removal for trees over twelve (12) inches in caliper. The applicant has provided a report and plan that identifies all existing trees greater than six (6)-inches in caliper. The inventory identified four (4) trees greater than 12-inch caliper. The proposed plan will be removing all four (4) trees greater than 12-inch caliper. Since the applicant is retaining less than 25% of the four (4) existing trees, Section 18.150.025(B)(2)(d) requires no net loss of trees. The applicant shall, therefore, provide a mitigation plan that provides for no net loss of trees in accordance with this section. The plan shall demonstrate mitigation of 55 caliper inches. This mitigation is in addition to the required minimum landscaping, street trees and parking lot trees. Signs: Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. TRIANGLE DESIGN STANDARDS: Design standards for public street improvements and for new development and renovation projects have been prepared for the Tigard Triangle. These design standards address several important guiding principals adopted for the Tigard Triangle, including creating a high-quality mixed use employment area, providing a .;onvenient pedestrian and bikeway system within the Triangle and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in non single family residential uses, are expected to contribute to the character and quality of the area. In addition to n .;eting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and pu.. is improvement projects necessary within the Tigard Triangle. The following design standards apply to all development located within the Tigard Triangle within both the C-G and the MUE zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. STREET CONNECTIVITY: All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Chapter 18.134 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. Design Option a. Local street spacing shall provide public street connections at intervals of no more than 660 feet. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 9 OF 18 b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. Performance Option a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a local origin to a collector or greater facility is no more than one and one-half the straight-line distance. There are five (5) intersections along SW Dartmouth Street, not including the proposed Minor Arterial (ODOT Toolbox) proposed on the Tigard Triangle Street Plan. Southwest Dartmouth Street is approximately 3,600 lineal feet (.68 miles in length). To meet the spacing requirement of the performance option, there would need to be five (5) intersections in the .68 mile length. There are five (5) intersections, thereby, satisfying the eight (8) intersections per mile requirement of the performance option. The local point of origin is defined as the "front door" of the structure. The proposed plan elevations show that the front door faces SW Dartmouth Street. The plan, therefore, complies with sections (b) and (c) of the performance option related to vehicular and pedestrian trips. The proposed plan has met the performance option. SITE DESIGN STANDARDS: All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan must be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.134.050 (Criteria for Granting a Variance) is satisfied. Building placement on Major and Minor Arterials and the street - Buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial Streets. Buildings shall be located at public street intersections on Major and Minor Arterial Streets. The applicant has requested variance approval from this standard. The variance has been approved and is discussed in the variance section of this report. Building setback - The minimum building setback from public street rights-of-way or dedicated wetlands/buffers and other environmental features, shall be 0 feet; the maximum building setback shall be 10 feet. The proposed plan indicates that the majority of the building is setback a maximum of 10 feet with a small portion of the building elevation setback beyond the maximum 10-foot setback from SW Dartmouth Street. A revised site plan shall be submitted that provides for all of the building elevation to be setback a maximum of 10 feet, thereby, complying with this criteria. Front yard setback design - Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 10 OF 18 landscaping requirement per Section 18.62.050 (A) 6. A pedestrian plaza has been provided from the building entrance to the sidewalk along SW Dartmouth Street. The L-1 landscape standard states that trees shall be planted at 3 1/2 inch caliper. The landscape plan indicates that 3-inch caliper trees will be planted. A revised plan shall be submitted that shows the provision of 3 1/2 caliper inch trees within the landscape planter between the parking lot and SW Pacific Highway. Walkway connection to building entrances - A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six (6) feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.62.050 (A) 6. As indicated on the preliminary plans, a plaza area has been provided from SW Dartmouth Street to the building's entrance, thereby, satisfying this criteria. Parking location and landscape design - Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. If located on the s,de, parking is limited to 50 percent of the street frontage, and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 Landscape Standard. The proposed parking lot is located on the side of the proposed Car Toys building. The parking lot occupies 70 feet (40%) of the 176 feet of frontage on SW Dartmouth Street and 110 feet (49%) of the 224 feet of frontage on SW Pacific Highway, thereby, satisfying this criteria. The L-1 landscape standard states that trees shall be planted at 3 1/2 inch caliper. The landscape plan indicates that 3 inch caliper trees will be planted. A revised plan shall be submitted that shows the provision of 3 1/2 caliper inch trees within the landscape planter between the parking lot and SW Dartmouth Street. BUILDING DESIGN STANDARDS: All non-residential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.134.050 (Criteria for Granting a Variance) is satisfied. Ground floor windows - All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground levc. Up to 50% of the ground floor window requirement may be met on an adjc .-ling elevation as long as all of the requirement is located at a building corner. The northeast elevation ground floor wall area contains approximately 456 square feet, thus requiring 228 square feet of windows, display areas or doorway openings. The northwest elevation ground floor wall area contains approximately 444 square feet, thus requiring 222 square feet of windows, display areas or doorway openings. Revised plans NOTICE OF DECISION SDR 97.0006NAR 97-0006-CAR TOYS PAGE 11 OF 18 shall be submitted that provide for a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings in accordance with this section. Building facades - Facades that face a public street shall extend no more than 50 feet without providing at lease one of the following features: (a) a variation in building materials; (b) a building off-set of at least 1 foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. As indicated on the proposed plan, variations in building materials have been provided in compliance with this section. Weather protection - Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard- surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Awnings and canopies shall not be back lit. As indicated on the site plan, a canopy has been provided in accordance with this standard. Building Materials - Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. Building materials consist of Drivet style stucco, with additional copings, space frames and glazing. Roofs and roof lines - Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. As indicated on the elevation plan, the roof has been designed in accordance with this standard. Roof-mounted equipment - All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant's narrative states that all roof mounted equipment shall be screened from view from the adjacent public streets. The applicant shall provide elevations showing the location of all roof mounted equipment and demonstrate how all roof mounted equipment shall be screened in accordance with this criteria. SIGNS: In addition to the requirements of Chapter 18.114 of the Development Code the following standards shall be met: Zoning district regulations - non-residential development within the C-G zone shall meet the sign requirements of the C-G zone (18.114.130(C)). The applicant will be required to obtain a sign permit. Compliance with sign standards will be reviewed at that time. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 12 OF 18 Sign area limits - The maximum sign area limits found in 18.114.130 shall not be exceeded. No area limit increases will be permitted within the Tigard Triangle. Compliance with sign area limits will be reviewed during the sign permit review process. Height limits - The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sign is located. No height increases will be permitted within the Tigard Triangle. Compliance with sign height limits will be reviewed during the sign permit review process. Sign location - Freestanding signs within the Tigard Triangle shall not be permitted within required L-1 landscape areas. Compliance with sign location standards will be reviewed during the sign permit review process. ENTRY PORTALS: Entry portals shall be required at the primary access points into the Tigard Triangle. Location - Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72"d; 1-5 and Dartmouth; Hwy. 217 and 72"d; and at the Hwy. 217 Overcrossing and Dartmouth. Design - The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif shall be incorporated into the design of entry portals. As indicated on the site plans, a triangle motif has been provided in accordance with this standard. LANDSCAPING AND SCREENING: Two levels of landscaping and screening standards are applicable to the Tigard Triangle. The locations where the landscaping or screening is required and the depth of the landscaping or screening are define in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. L-1 Low Screen - For general landscaping of landscaped and screened areas within parking lots, local collectors and local streets, planting standards of Chapter 18.100 Landscaping and Screening, shall apply. The L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial, trees shall be planted at 3 1 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provided a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. Any tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit. The applicant has been conditioned to provide revised plans that indicate the provision of 3 1/2 inch caliper trees in accordance with this requirement. L-2 General Landscaping - For general landscaping of landscaped and screened areas within parking lots, local collectors and local streets, planting standards of Chapter 18.100 Landscaping and Screening, shall apply. Trees shall be provided at a minimum 2 1/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. Any tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit. L-2 landscaping standards have been satisfactorily provided. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 13 OF 18 Variance - Minimum 50 Percent Building Frontage: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. The variance will not be materially detrimental to City policy or standards. The size and location of the proposed structure can still largely satisfy the intent of the frontage provision. The variance will not be detrimental to other properties in the vicinity as the variance is limited to a reduction to the required 50% building frontage. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district. The special circumstances which exist are the size and shape of the existing parcel, restrictions on driveway locations and its location on the corner of SW Dartmouth Street and SW Pacific Highway. The unique shape of the site makes compliance with the frontage requirement extremely difficult, if compliance with other applicable code provisions are required. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The requested variance will in no way affect the permitted use status of the automotive accessory sales building. All other City standards will be maintained as discussed in this review process. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title. The impact of this variance will be limited to allowing less building frontage. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing less building frontage. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self-imposed as the variance is the result of the existing site size and shape and location at the intersection of SW Dartmouth Street and SW Pacific Highway. The variance is the minimum variance necessary as the reduction of the frontage percentage will allow development of the property while still largely meeting the intent of the frontage requirement. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to Pacific Highway (99W) and SW Dartmouth Street. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 14 OF 18 Pacific Highway Pacific Highway is under ODOT jurisdiction and is classified as an Arterial Street on the City's Transportation Plan Map. ODOT staff has submitted comments to the City with regard to the subject application. Those comments will be included in the Planning Department's portion of this decision or report under "Agency Comments." ODOT is allowing the applicant to utilize an existing frontage road adjacent to Pacific Highway that presently serves the veterinarian business just west of this site. The applicant will be required to comply with any restrictions issued by ODOT for use of this access. SW Dartmouth Street Southwest Dartmouth Street is classified as a major arterial street as a part of the Tigard Triangle Design Standards. It has been partially improved as a part of a Local Improvement District that was completed in 1994. The "Dartmouth Street Concept Plan" was generated at that time by the City that calls for additional widening of the roadway along certain segments, with the idea in mind that the ultimate roadway section would provide five (5) lanes, plus bike lanes. Specifically, the roadway would include: one 12- foot center turn lane, four 11-foot lanes and two 5-foot bike lanes (66 feet total paved width). The south curb line frontage along the subject site is one location where the roadway would need to be widened. At present, there are four lanes available: three northbound lanes and one southbound lane. The widening would provide an additional southbound lane, plus the needed width to accommodate the bike lanes. The applicant's plans indicate that they will construct the additional widening of Dartmouth Street as a part of this project. Construction drawings for the street work, including a striping plan, will need to be reviewed and approved by the City Engineer prior to issuance of the site and/or building permit. The Dartmouth Street Concept Plan calls for a right-of-way (ROW) width of 94 feet (47 feet each side of centerline). At present, there is only 33 feet of ROW west of the centerline. The applicant's plan indicates that they will dedicate additional ROW to provide the required 47 feet from centerline. There is an existing driveway onto SW Dartmouth Street that was used for the Alexander's restaurant. The applicant proposes to remove that driveway and construct a new one further south along Dartmouth. The new driveway would be located near the southern boundary of the site. This relocation is acceptable, as it will pull the access location further away from the signalized intersection which may help to avoid turning movement conflicts. The location of the new driveway may still prove to be problematic for the applicant, as vehicles stacked in the northbound double left-turn lanes at Pacific Highway often back up beyond the proposed location of the driveway. The applicant has stated in their narrative that they understand the Dartmouth access will be limited to right-in and right-out turning movements. WATER: This site is located within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line in SW Dartmouth Street that is adequate to serve this site. There are existing water meters from the previous use that will be utilized by the applicant for domestic and irrigation flows. SANITARY SEWER: There is an existing eight (8)-inch public sanitary sewer line that lies within an existing 16.5-foot wide right-of-way (ROW) strip adjacent to the southern boundary of this site. The ROW strip is currently unused except for the public utility. The eight (8)-inch sewer line will adequately serve this site and the applicant may be able to utilize the existing sewer lateral from the previous building. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 15 OF 18 STORM DRAINAGE: There is an existing storm drain inlet located within the 16.5-foot right-of-way (ROW) strip near SW Dartmouth Street that the applicant proposes to use to drain the entire site. It appears the previous business may have used the same inlet for its drainage. Since this site was previously covered with impervious area (old building and parking lot), this new use will not increase the amount of runoff from the site. Therefore, the applicant may still be able to use the existing inlet shown on the plan. Staff does have one concern with the applicant's proposed storm drainage plan. The plan shows a six (6)-inch wide curb knock-out in the southern curb line between this site and the Costco property (see Sheet 4 of 7 of applicant's plan). The note indicates the knock- out is to allow for passage of storm water. The concern is that it appears the applicant would be allowing site runoff to exit the subject site and flow onto the Costco parcel, which would not be permitted. The applicant shall revise their plan to ensure that all of the on- site runoff will be controlled and conveyed properly without flowing onto adjacent properties. A final storm drainage plan will need to be reviewed and approved by the Building Division 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) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65% of the phosphorus contained in 100% of the storm water runoff generated from newly created impervious surfaces. Since this use will not increase the amount of impervious surfaces on this site, this section will not apply. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates 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 R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: AGENCY COMMENTS The City of Tigard Building Division states that the applicant shall provide a storm drain system (see Sheet 4 of 7). Sheet flow off property as noted by curb cuts is not acceptable. Accessible route (see Sheet 2 of 7) shall not cross traffic lane; move to northeast area (11 .04.4.5). Provide information on fire hydrant location and fire flow information. East access must be 20 feet wide for fire apparatus. The City of Tigard Police Department, and City of Tigard Maintenance Services Department have reviewed this application and have offered no comments or objections. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 16 OF 18 SECTION VI: AGE...;Y COMMENTS The Oregon Department of Transportation has reviewed the application and has the following comments: These comments are a revision to previous comments submitted in a letter dated July 14, 1997. The landscape strip will not be required on the frontage road, due to the width restrictions on the south side of the frontage road caused by the steep slope down to the Costco parking lot. The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five (5)-foot area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for better alignment. The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on SW Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the applicant to show the handicap ramp(s) to be constructed in the site plan. All sidewalk and ramps on ODOT right-of-way shall be to ADA standards. Enclosed are the latest standard drawings from our Roadway Engineering Section for your use on this and future projects. Unified Sewerage Agency has reviewed the application and has the following comments: 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). Engineer should verify sanitary sewer is available to up-hill 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 up-hill adjacent properties, or extend storm service as required by R&O 96-44. 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 flow. Water Quality: Fee in lieu is acceptable for this development. Tualatin Valley Fire and Rescue has reviewed the request and has offered the following comments: Plans are not approved. Please address the following items and re-submit plans for review and approval: The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM, or portion thereof, over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief (UFC Sec. 903.4.2.1). NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 17 OF 18 No portion of the extern.., of a commercial building shall be .icated more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway (UFC Sec. 903.4.2.1). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshall's Office (UFC Sec. 903.3). Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway (UFC Sec 903.4.2.4). Tualatin Valley Water District and PGE have reviewed this application and have offered no comments or objections. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON TUESDAY, SEPTEMBER 2, 1997 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. 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 OF AN APPEAL IS 3:30 P.M. ON SEPTEMBER 2, 1997. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. iiO4&c,,,46/4-AVA August 21, 1997 PREPARED BY: William D'Andrea DATE Associate Planner/AICP i:1cu rpin\will\sdr97-06.dec NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 18 OF 18 1 4.. Ali„ ,,,,....51Air. \io e 411111all.. 'S d`I.' '•''. •-' A \-4A BURGERVIL,LE 0 C) 't .\:*_ CO .... IMMO \. .. :L.= , .0,0 ■ „4 0 ''• c. Dot 4.-""••■ z.... / . . • ili),\.•• popros .'-:' ■,...%), re.P. .1:‘, z :..,?;......,•-!..;;;.. Z ••.. :.? /-' . • 0 jr %.111.1,1 \ EMNII .. • :=,...4 \ CLI . .. . • • /4". I La...inf . " • vaa3 '• .:. %...; ..... .. \ CI 1/V r r r LL- , u / ' 117 e I I 1 I t fi rit ; .• ,:, ...lmelt.r •• ■ Z...-.■-■.-.--.----.■..---■ -.--■-.■..----.■.-.-.e,. .r.. ■-----.■--..,.-.■■ . . < ( Lomicav f.•• ■■■■ _.......,...„... ..■=/.. .....■■„■-.■■. ..-.-..-■.■.■”.■-•-■-...---■■■... N. \- - *----- - '. COSTCO \ u... ' 0 ■ ›- . i•-• 0 1 ' SITE PLAN CASE NCO. I ;*1 SDR 91-0006/VAR 97-0006 EXHIBIT MAP CAR TOYS i III IN 1163 „MI - MI. JI1 - moot si„ _i_j mosi grim 1.11 - — — al .s.- - , — - -"I al -I — co al — AL...- lo i all m BIM : — NI all wr MN MI 1115 pa 144#1131 " ;'k44 E co ca cm -,0 1= illi°1 o>N N.- U _PL Vicinity Map N OR 97-0006/VAR 91-0006 --apO� Agar Toys REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY TIGARD Community DeveCopment RECEIVED PLANNING Shaping Better Community DATE: lune 20,1997 JUL 1 5 1997 TO: Julia Huffman,USA/SWM Program CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x3111 Phone:1503)639-4171 Fax:[5031681-1291 RE: SITE DEVELOPMENT REVIEW MDR)97-0006/VARIANCE[VAR)97-0006 CAR TOYS 1 A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday lune 30,1991. 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: Phone Number[sl: '+1-— a es g-- SOR 97.0006NAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS us/A , UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: July 14, 1997 TO: William D'Andrea, City of Tigard FROM: Julia Huffman, USA J SUBJECT: Car Toys, (SDR) 97-0006, (VAR) 97-0006 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). 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. 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 Fee in lieu is acceptable for this development. is 155 North First Avenue, Suite 270,MS 10 Phone:503/648-8621 Hillsboro, Oregon 97124 FAX:503/640-3525 REQUEST FOR COMMENTS CI O TII(iARD Community(Devetpment Shaping 'Better Community DATE: lune 20,1997 fECEIVED PLANNING TO: Brian Moore,PGE JUN 2 5 1997 FROM: City of Tigard Planning Division tAWCeNTTACT: William D'Andrea Ix3171 Phone:(5031639-4171 Fax:(5031684-7297 RE: SITE DEVELOPMENT REVIEW ISDRI 97-0006/VARIANCE(VAR)97-0006 y CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday lune 30,1991. 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 ►► (case provide the foffowing information)Name of Persons]Commenting: Phone Number(s): SDR 97-0006NAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS 4110, REQUEST FOR COMMENTS CI o TtIIGARD Community cDeve(opment RECEIVED PLANNING Shaping Better Community DATE: lune 20,1991 JUN 2 3 1997 TO: David Scott,Building Official CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea 1x3111 Phone:15031 639-4171 Fax:15031684-7297 RE: SITE DEVELOPMENT REVIEW MDR]97-0006/VARIANCE(VARI 91-0006 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday June 30,1991. 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: l ,c IA 7< '7'/? - ?rep v r c 4{ e r7/-0.) r r•/ �j-� i h 1 y t�"'»-, , '41,0107e 7 SAee i �2r4/riY77 41 77o ie rre f 1- alb 4C(0, 1J l0 rd� �� �' h )/ Iry 71- (rnJ) frec��, i 24 77tay.e (// 0e4, s-) FIPc r e..� 7 10 f271/v / //vr orr�, � JI � UY� PA--S . -1(e'lJ , iU/ t 2 I /� ,�,y�/, f 4. (Please provide thefollawing information)Name of Person[sl Commenting: p 17,177 I Phone Numberlsl: 3 Fl I SDR 97-0006NAR 97-0006 / CAR TOYS PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF HOARD Community(De-veCopment Shaping Better Community DATE: June 20,1997 TO: Paul Koft,GTE Engineering FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea(x311) Phone:15031639-4171 Fax:150316847297 RE: SITE DEVELOPMENT REVIEW(SDRI 97-0006/VARIANCE(VAR)97-0006 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday lune 30,1991. 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: �' ��'��L� • . AI ► • �•• . . ` • .2 "` • J., awl& • 4. (TCeasepmrvide thefolrawing information)Name of Person(sl Commenting: �� 'Phone Number(sl: SDR 97-0006NAR 97-0006 CAR TOYS PROPOSAUREQUEST FOR COMMENTS • �►►.. • REQUEST FOR COMMENTS s"I CITY OF TIGARD Community(Development RECEIVED PLANNING Shaping Better Community DA'T'E: lune 20,1991 JUN 2 7 1997 '�/ s (( TO:, Michael Miller,Operations Manager ( i I(n CITY OF TIGARD � 1 FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea(x3111 Phut 150316394171 Fax:(5031 684-7297 RE: SITE DEVELOPMENT REVIEW MDR)91-0006/VARIANCE[VAR)97-0006 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys. retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Mondaylune 30,1991. 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: -71, r S / 4 tJ l T a I M 1 V In�!� `.g � 2Vr cr. -E4- Please provide the foffowing information)Name of Person[sl Commenting: m I e_F t I Phone Number(sl: 36p I SDR 97-0006/VAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CI TIGARD Community ShapingA Better Community DATE: lune 30,1991 TO: TDALATIN VALLEY WATER DISTRICT -ATTN: ADMINISTRATIVE OFFICE FROM: City of Tigard Planning Division STAFF CONTACT: William[''Andrea 1x3111 Pdene:(5031639-4171 Fix:(5031684-7297 RE SITE DEVELOPMENT REVIEW MDR)97-0006/VARIANCE[VAR)97-0006 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail' building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday July 10,199T. 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: (This notice was inadvertedly sent to the Tigard Water District on June 20. 1997. Therefore. if at all possible, please respond to this request at your earliest convenience. Thank you for your assistance in advance, Tigard Planning Division.) 44 p. (Please prtrvu. thiefolTouing information)Name of Person[sl Commenting: I Phone Numher(sl: I SCR 97-0006NAR 97-0006 ,:AR TOYS PROPOSAUREOUEST FOR COMMENTS P�PZ 1N Vq f �� n `t‘< TUALATIN VALLEY FIRE & RESCUE 41017 c FIRE PREVENTION � Li 6, 4755 S.W.Griffith Drive . P.O.Box 4755 . Beaverton,OR 97076. (503)526-2469 . FAX 526-2538 /AN RESGJ July 2, 1997 Will D'Andrea City of Tigard Planning 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Car Toys 11700 S.W. Pacific Hwy. SDR 97-0006 File Number: 1617-97 Dear Will: This is a Fire and Life Safety Plan Review and is based on the 1994 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. Plans for the above noted project are not approved. Please address the following items and resubmit plans to this office for review and approval. The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM)required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec. 903.4.2.1) No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. (UFC Sec. 903.4.2.1) Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway (UFC Sec. 903.4.2.4) "Working"Smoke Detectors Save Lives Will D'Andrea July 2, 1997 Page 2 The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec. 903.3) If I can be of any further assistance to you, please feel free to contact me at 526-2469 referring to the above noted file number. Sincerely, A k—t* Gene Birchill, DFM Plans Examiner GB:kw ~.1,- ,.c Tua tin Valley Fire & F cue `� Fire Prevention Ikittis# 4755 SW Griffith Dnve - PO Box 4755 - Beaverton,OR 97076 - (503)526-2469 - FAX 526-2538 C] LETTER j� r ❑ NO LETTER -7 QTIME To (-L L 1 -J A r i/) trl' A- Date: ` /--/1 , l ❑WC ❑CC ❑MC ❑ BV EtTI ❑TU ❑ DU ❑ SH ❑WI ❑KC Jurisdiction File Number: Project Name: Z ,�v 5 Project Address: 11-7 0 (1 S—L„1 yq Z_C.I ft[14 TVF&R File Number: - (Whenever referring to this project please include the TVF&R File Number) Project approved — Project not approved- Please address items checked below and re-submit plans for review and approval to the: ,TVF&R Fire Marshal's Office ❑ Planning Department having jurisdiction for routing to the TVF&R Fire Marshal's Office Project conditionally approved subject to correction of items checked below. This is a Fire and Life Safety Plan Review and is based on the 1994 Editions of the Uniform Fire Code(UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code(UMC) specifically referencing the fire department, and other local ordinances, regulations and guidelines. 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road,is greater than 150 feet. (UFC Sec.902.2.1) 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system,the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec.9022.1 Exception 1) 3) ADDITIONAL ACCESS ROADS: Where there are 25 or more dwellings,an approved second fire apparatus access roadway must be provided to a city/county roadway or access easement(UFC Sec.902.2.2) 4) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface with a width of not less than 20 feet(15 feet for not more than two dwelling units), and an unobstructed vertical clearance of not less than 13 feet 6 inches.(UFC Sec.90222.1) 5) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load(wheel load)and 50,000 pounds live load(gross vehicle weight). (UFC Sec.902.2.2.2) Please provide documentation from a registered engineer that the design will be capable of supporting such loading. Please provide documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code. 6) TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectfully, as measured from the same center point. (UFC Sec.9022.2.3) 7) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) 8) BRIDGES: Bridges shall be designed, inspected and final construction approved by a registered engineer. The bridge shall be designed in accordance with the American Association of Highway and Transportation Officials "Standard Specifications for Highway Bridges.' The bridge shall be designed for a live load sufficient to carry 50,000 pounds. (UFC Sec. 902.2.2.5) 9) NO PARKING SIGNS: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, No Parking"signs shall be installed on one or both sides of the roadway and in tumarounds as needed. (UFC Sec. 902.2.4) Signs shall read"NO PARKING- FIRE LANE -TOW AWAY ZONE,ORS 98.810'and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1) (2) & (3)) 10) GRADE: Fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet (UFC Sec.90222.6). Intersections and tumarounds shall be level (maximum 5%) with the exception of crowning for water run-off. File Number 1 1) PAINTED CURBS: Fire apparatus access roadway curbs shall be painted yellow and marked'NO PARKING FIRE LANE'at ( each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. (UFC Sec. 901.4.5.2) x,_12) COMMERCIAL BUILDINGS-MINIMUM NUMBER OF FIRE HYDRANTS: The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one(1) tire hydrant for the first 2,000 gallons per minute(GPM) required fire flow and one(1)additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be \ / approved by the Chief. (UFC Sec. 903.4.2.1) 13) COMMERCIAL BUILDINGS-FIRE HYDRANTS: No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire appatatus access roadway. (UFC Sec. 903.4.2.1) 14) SINGLE FAMILY DWELLINGS-FIRE HYDRANTS: Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec.903.4.2.2) X. 15) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway. (UFC Sec.903.4.2.4) 16) FIRE HYDRANT/F1RE DEPARTMENT CONNECTION: A tire hydrant shall be located within 70 feet of a tire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be as approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 17) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections shall not be located on the building that is being protected. (UFC Sec. 903.4.2.5) 18) COMMERCIAL BUILDINGS-REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute(GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec. 903.3) 19) SINGLE FAMILY DWELLINGS-REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s)are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A,Sec.5) 20) RURAL BUILDINGS-REQUIRED FIRE FLOW: Required fire flow for rural buildings shall be calculated in accordance with National Fire Protection Association Standard 1231. Please contact the Fire Marshal's office for special help and other requirements that will apply. (UFC Sec.903.3) 21) ACCESS AND FIREFIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 22) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an application and instructions regarding installation and placement. 23) REQUIRED INSPECTIONS: Please contact the Fire Marshal's office at the appropriate times for inspection of the following: 24) 25) cc: ❑ APPLICANT ❑ PLANNING DEPT ❑ BUILDING DEPT Plan Reviewer Signature Oregon July 14, 1997 DEPARTMENT OF TRANSPORTATION City of Tigard Planning Department Region 1 13125 SW Hall Boulevard Tigard, OR 97223 FILE CODE: Att: Will D'Andrea Re: Tigard Car Toys: SDR 97-0006NAR 97-0006 Thank you for providing ODOT the opportunity to comment on the above referenced site development review and variance. The subject property is adjacent to Highway 99W. According to the Oregon Highway Plan, OR 99W is an Access Oregon Highway and has a Statewide level of significance. We have an interest in ensuring that proposed land uses do not negatively impact the facility's safe and efficient high to moderate-speed operations with limited interruptions of flow in urban and urbanizing areas. We have reviewed the site plan and have the following comments: • The Applicant has dedicated 12 feet of right of way to accommodate the City's Dartmouth Street improvements; however, the site plan shows the building has a zero foot setback to Dartmouth St. We recommend the City require the Applicant to provide adequate setback in the site design to accommodate the future buildout of Dartmouth Street. • We recommend realigning ODOT access road to provide a separation between it and the sidewalk along the east side of Highway 99W (this is typically done with a landscape strip). In addition, the ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. • The City should require the Applicant to construct the sidewalk to comply with ADA requirements. The preliminary project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. We recommend the City require the Applicant to show the handicap ramp to be constructed in the site plan. 1 123 NW Flanders Tigard Car Toys: SDR 97-0006/VAR 97-0006 Portland,OR 97209-4037 ) Form 734-1850(11/94)ODOT Comment 7-14-97 FAX (503)87311-8259 • The long term buildout of Highway 99W in the project area calls for widening to at least 7 lanes. We anticipate that buildout of the area may result in removing the existing ODOT access road in the vicinity of Dartmouth to provide for the additional roadway width. If that occurs, the site will be left with a single access which is restricted to right in/right out on Dartmouth Street. It would be beneficial to the Applicant to pursue a right in/right out access connecting to the upper Costco driveway at this time if an acceptable means of addressing the grade differential between the two properties could be found. Modifying the grade of the existing Costco driveway may be helpful in accomplishing this task. Developing this access would ensure full access (via Costco's southern access) for the property in the short and long term and eliminate the need for the two closely spaced accesses on Dartmouth Street. Contact Martin Jensvold, Senior Transportation Analyst, at 731-8219 for any questions on the above comments. Please forward a copy of the Decision and Conditions of Approval for this case. . 74/ Marah Danielson, Planner Development Review cc: Martin Jensvold, Sonya Kazen, Simon Eng, ODOT Region 1 Jane Estes, Bob Schmidt, ODOT District 2A 2 Tigard Car Toys: SDR 97-0006NAR 97-0006 ODOT Comment 7-14-97 o7'14/97 15:44 $5o37318259 ODOT - REGION 1 (]001•'002 Oregon July 14, 1997 — - .7a �NO!oaGae DEPARTMENT OF F 17"y TRANSPORTATION City of Tigard To W \1 b'AKAreck Planning Department F,Y 7 Z 7 Region 1 13125 SW Hall Boulevard From yri b,k, _ �� Phoned! ��� �, S0►1 Tigard, OR 97223 7 3 I. - 2 FILE CODE: Att: Will D'Andrea Re: Tigard Car Toys: SDR 97-0006NAR 97-0006 Thank you for providing ODOT the. opportunity to comment on the above referenced site development review and variance. The subject property is adjacent to Highway 99W. According to the Oregon Uighway Plan, OR 99W is an Access Oregon Highway and has a Statewide level of significance. We have an interest in ensuring that proposed land .uses do not negatively impact the facility's safe and efficient high to moderate-speed operations with limited interruptions of flow in urban and urbanizing areas. We have reviewed the site plan and have the following comments: • The Applicant has dedicated 12 feet of eight of way to accommodate the City's Dartmouth Street improvements; however, the site plan shows the building has a zero foot setback to Dartmouth St. We recommend the City require the Applicant to provide adequate setback in the site design to accommodate the future buildout of Dartmouth Street. • We recommend realigning ODOT access road to provide a separation between it and the sidewalk along the east side of Highway 99W (this is typically done with a landscape strip). In addition, the ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. • The City should require the Applicant to construct the sidewalk to comply with ADA requirements. The preliminary project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. We recommend the City require the Applicant to show the handicap ramp to be constructed in the site plan. 123 NW Flanders Portland, OR 97209-4037 Tigard Car Toys: SDR 97-0006NAR 97-0006 (503)731-8200 ODOT Comment 7-14-97 FAX (503) 731 8259 Form 734-1M50 al/94) 07(14/97 15:45 $5037318259 ODOT - REGION 1 Z002/002 • The long term buildout of Highway 99W in the project area calls for widening to at least 7 lanes. We anticipate that buildout of the area may result in removing the existing ODOT access road in the vicinity of Dartmouth to provide for the additional roadway width. If that occurs, the site will be left with a single access which is restricted to right in/right out on Dartmouth Street. It would be beneficial to the Applicant to pursue a right in/right out access connecting to the upper Costco driveway at this time if an acceptable means of addressing the grade differential between the two properties could be found. Modifying the grade of the existing Costco driveway may be helpful in accomplishing this task. Developing this access would ensure full access (via Costco's southern access) for the property in the short and long term and eliminate the need for the two closely spaced accesses on Dartmouth Street. Contact Martin Jensvold, Senior Transportation Analyst, at 731-8219 for any questions on the above comments. Please forward a copy of the Decision and Conditions of Approval for this case. 07, Marah Danielson, Planner Development Review cc: Martin Jensvold, Sonya Kazen, Simon Eng, ODOT Region 1 Jane Estes, Bob Schmidt, ODOT District 2A 2 Tigard Car Toys: SDR 97-0006NAR 97-0006 ODOT Comment 7-14-97 WILD MEMORANDUM CITY OF TIGARD, OREGON DATE: July 26, 1997 TO: Gus Duenas, City Engineer FROM: Brian Rager, Development Review Engineer RE: CAR TOYS, SDR 97-0006 DARTMOUTH STREET DESIGN I have completed a draft set of Engineering comments for this SDR, but stumbled upon what I believe is a conflict that needs to be resolved. The conflict is with regard to the required design of Dartmouth Street in this area. My report, thus far, as well as the applicant's materials, assume that Dartmouth must be widened along the western edge fronting the subject site. The widening criteria used refers back to a study that was done in 1994 for Dartmouth. My report refers to the "Dartmouth Street Concept Plan", developed by DKS Associates (I am attaching my copy FYI). Notice that my copy does not appear to be anything "official", but I know from talking to Mike Mills in the past that the City has fully intended for this street to be widened in this manner. For all I know, there may be another reference around here someplace that is more official. Note that the concept plan calls for a total right-of-way width of 94 feet(47 feet from centerline) and a paved width of 66 feet(see fold-out Sheet 1 of 3). The applicant for Car Toys is showing compliance with those dimensions. Ed Christensen, who has been involved with Dartmouth all along, is the applicant's engineer and has always acknowledged that the widening would have to be done. The confusion lies with the Tigard Triangle Design Standards. The applicant's narrative states that they are widening Dartmouth in accordance with those standards. But that is not the case, at least from how I read the standards. The TTDS shows Dartmouth as only having a 70-foot ROW and a 44-foot pavement width from 99W to 68th Parkway. My assumption is that even though the TTDS says 70 feet, we already determined back in 1994 that it would have to be 94 feet through here. Before our Engineering comments become final, I think the following should be done: 1. Identify which standard we are going to require. Perhaps Mike Mills and Greg Berry could help here, since they are both familiar with Dartmouth and the 1994 LID. If there is an "official" copy of a special Dartmouth Standard, we ought to PAGE 1 have a copy readily available in our office. The "concept plan" copy I loaned to Gus was a leftover in my office from Michael Anderson. I just happened upon it one day several months ago. 2. Please read my draft regarding the Dartmouth discussion to make sure what I am saying is correct. Maybe Mike Mills and Greg should also read it. 3. The sidewalk width is also in question. The "concept plan"and the applicant's plan show 6-foot, but I think the TTDS calls for a wider one. Again, which standard do we use? Thank you for following up on this. Any changes needed to my draft can easily be done. The file name is at the end of the document. c: Will D'Andrea Mike Mills Greg Berry /brianr\0726gus.mem PAGE 2 (DLIG11 " WILL- MEMORANDUM CITY OF TIGARD, OREGON MEMO DATE: July 25, 1997 P- GrAi?-1)(rJ TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer lap (co RE: SDR 97-0006, Car Toys Description: This request is to allow the construction of a 5,500 square foot retail building at 11700 SW Pacific Highway (former location of Alexander's Restaurant) (WCTM 1S1 36CD, Tax Lots 1800 and 1900). Findings: 1. Streets: This site lies adjacent to Pacific Highway (99W) and SW Dartmouth Street. Pacific Highway Pacific Highway is under ODOT jurisdiction and is classified as an arterial on the City's Transportation Plan Map. ODOT staff has submitted comments to the City with regard to the subject application. Those comments will be included in the Planning Department's portion of this approval under "Agency Comments". ODOT is allowing the applicant to utilize an existing frontage road adjacent to Highway 99W that presently serves the veterinarian business just west of this site. The applicant will be required to comply with any restrictions issued by ODOT for use of this access. SW Dartmouth Street SW Dartmouth Street is classified as a major arterial street as a part of the Tigard Triangle Design Standards. It has been partially improved as a part of a Local Improvement District that was completed in 1994. The "Dartmouth Street Concept Plan" was generated at that time by the City that calls for additional widening of the roadway along certain segments, with the idea in mind that the ultimate roadway section would provide five lanes plus bike lanes. Specifically, the roadway would include: one 12- ENGINEERING COMMENTS SDR 97-0006 Car Toys PAGE 1 foot center turn lane, four 11-foot lanes and two 5-foot bike lanes (66 feet total paved width). The south curb line frontage along the subject site is one location where the roadway would need to be widened. At present, there are four lanes available: three northbound lanes and one southbound lane. The widening would provide an additional southbound lane, plus the needed width to accommodate the bike lanes. The applicant's plans indicate that they will construct the additional widening of Dartmouth Street as a part of this project. Construction drawings for the street work, including a striping plan, will need to be reviewed and approved by the City Engineer prior to issuance of the site and/or building permit. The Dartmouth Street Concept Plan calls for a right-of-way (ROW) width of 94 feet (47 feet each side of centerline). At present, there is only 33 feet of ROW west of the centerline. The applicant's plan indicates that they will dedicate additional ROW to provide the required 47 feet from centerline. There is an existing driveway onto SW Dartmouth Street that was used for the Alexander's restaurant. The applicant proposes to remove that driveway and construct a new one further south along Dartmouth. The new driveway would be located near the southern boundary of the site. This relocation is acceptable, as it will pull the access location further away from the signalized intersection which may help to avoid turning movement conflicts. The location of the new driveway may still prove to be problematic for the applicant, as vehicles stacked in the northbound double left-turn lanes at 99W often back up beyond the proposed location of the driveway. The applicant has stated in their narrative that they understand the Dartmouth access will be limited to right-in and right-out turning movements. 2. Water: This site is located within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line in SW Dartmouth Street that is adequate to serve this site. There are existing water meters from the previous use that will be utilized by the applicant for domestic and irrigation flows. 3. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line that lies within an existing 16.5-foot wide ROW strip adjacent to the southern boundary of this site. The ROW strip is currently unused except for the public utility. ENGINEERING COMMENTS SDR 97-0006 Car Toys PAGE 2 8-inch be able to utilize sewer line will 4 Storm Arai e the existing e uto/y serve There � Drainage: sewer lateral from the and the a strip n previous building. nt may Baran existing g st inlet for entire site isting for Street inlet/o impervious ip n its drainage.appears the et that the aced Within Previous business a y e e increas area (o/d Since this us/nes 16.5-foot RO still be able to building site proposes w s es use the°f runoff and parking was�aevi°usY covered used to to drain Staff Alan l be able have existing inlet the site.lot), new use with he same will line betwee Plan shows with shown on the Plan the applicant Plan} Thwn this site s a concern wide the applicant's may Ovate note . and t de c ant's runoff The concern the Costco curb knock-out S paced storrn not be t° exit the subject is that h appears appears to allow Sheet 4 cur ° °n-site r d' The applicant to and flow, the applicant for passage applicant's onto off runoff will t site w onto ant wo age o f reviewed properties.be con shall revise Co ue be storm site d and trolled and evise their stco Aarce% allowing site 5 e and/or building approved by helrBl storm d am aged properly In to ensure would Storm mater Quality.' Perrn;t Building Division plan ill need without th owill of f/ regulations City has al�ty. prior to issuae to be n9 9ulati4'h agreed to the (Resolution estabiis d enforce Su shall wire the cost Order by the Unified water 1 be designed o f 91-47, as d Sewera Management mmnPert,j percent of net to remove water amended b Agency facilities impervious be signed storm w e 65 percet of the phosphorus facilities.hor 91-75)A} 6. Grading tee t Since w this runoff generated e Ahosph e The ed ading and Erosion this site, this section will increase newly c�etainea in USA ��� 91-47 n Contra% will not applyam0unt created clearing,ystem ret and other 50 egu/ates erosion/tin pollutants 4�, the and a 9 from deve/ is reach;n control to reduce review aapplicant/ other activity went, construction,Public storm and amount approval po required/ ° submit accelerates grading, excavating, r ace water ENG/NER�NG COMMENTS seance °f City Per control plan per�� - MMENrs colts an for City i SDR 97-0006 Car Toys PAGE 3 Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMIT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1 . Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. Additional right-of-way shall be dedicated to the Public along the frontage of SW Dartmouth Street to increase the right-of-way to 47 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. ENGINEERING COMMENTS SDR 97-0006 Car Toys PAGE 4 5 The applicant shall construct a street widening improvement along the frontage of SW Dartmouth Street. The improvements adjacent to this site shall include: a. Additional PCC pavement widening (match existing structural section) to provide a total paved width of 66 feet curb-to-curb (33 feet from centerline), b. curb c. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff d. concrete sidewalk e. street striping f. streetlights as determined by the City Engineer g. adjustments to existing traffic control signage or traffic signals and appurtenances, if necessary h. street signs (if applicable) driveway apron 6. The applicant shall obtain a permit from the Tualatin Valley Water District for any proposed water connection(s) prior to issuance of the City's public improvement permit. 7. Prior to issuance of the site and/or building permit, the applicant's storm drainage plan shall be revised to ensure that all of the on-site runoff will be contained within the subject site and properly conveyed to the public system without flowing onto adjacent properties. Off-site easements will be required if storm water must flow across adjacent properties 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: 9. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional accepted from the City and provide a one-year maintenance assurance for said improvements. 10. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will ENGINEERING COMMENTS SDR 97-0006 Car Toys PAGE 5 be acceptable. Note: if the public improvement drawings were hand- drawn, then a diskette is not required. APPROVED: Agustin P. Duenas, P.E. City Engineer i:\eng\brianr\commentslsdr97-06.bdr ENGINEERING COMMENTS SDR 97-0006 Car Toys PAGE 6 Oregon August 8, 1997 Christensen Engineering, Inc. DEPARTMENT OF 7150 SW Hampton Street TRANSPORTATION Suite 226 Portland OR 97223 District 2A Re: Car Toys, Tigard District Permit Specialist Pacific Highway West FILE CODE: Washington County Dear Mr. Christensen: I discussed some of the issues that were raised at our on-site meeting at the proposed Car Toys at 99W @ Dartmouth with Bob Schmidt and our Traffic section. These are ODOT's recommendations and requirements as a result of that meeting. • The landscape strip will not be required on the frontage road, due to the width restrictions on the South side of the frontage road caused by the steep slope down to the Costco parking lot. • The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five feet area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for a better alignment. • The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the Applicant to show the handicap ramp(s) to be constructed in the site plan. All sidewalk and ramps on ODOT R/W shall be to ADA standards. I am enclosing the latest standard drawings from our roadway engineering section for your use on this and future projects. If you have any questions, please contact me at 229-5002. Sincerely, ■ fe.:Me. 4 14 Jane Estes � . Permit Specialist PO Box 25412 Portland,OR 97225-0412 (503) 229-5002 Form 734-1897C(9-95) FAX (503) 297-6058 08!14/97 13:40 $5037318259 ODOT - REGION 1 0 001/001 Oregon August 8, 1997 DLI "Pr Christensen Engineering, Inc. To".°`°,; 1} DEPARTMENT OF 7150 SW Hampton Street Fame 11 ArAclierk TRANSPORTATION Suite 226 — j 7 9 Portland OR 97223 From District 2A Phonht 7 3 1 Re: Car Toys, Tigard District Permit Specialist Pacific Highway West FILE CODE. Washington County Dear Mr. Christensen: I discussed some of the issues that were raised at our on-site meeting at the proposed Car Toys at 99W @ Dartmouth with Bob Schmidt and our Traffic section. These are ODOT's recommendations and requirements as a result of that meeting. • The landscape strip will not be required on the frontage road, due to the width restrictions on the South side of the frontage road caused by the steep slope down to the Costco parking lot. • The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five feet area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for a better alignment. • The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the Applicant to show the handicap ramp(s)to be constructed in the site plan. All sidewalk and ramps on ODOT R/W shall be to ADA standards. I am enclosing the latest standard drawings from our roadway engineering section for your use on this and future projects. If you have any questions, please contact me at 229-5002. Sincerely, A< 4 1/.4 Jane Estes * ' Permit Specialist PO Box 25412 Portland, OR 97225-0412 (503) 229-5002 Form 734-1897C(9-93) FAX (503) 297-6058 i. . ODOT DISTRICT 2A Fax:503-297-6058 Aug 20 '97 14:52 P. 01 ----71: 0-171 F lk 3C. DEPARTMENT OF TRANSPORTATION District 2A Numb ear of pages ixicludir►.g cower 2 T0: .&/}/ 6;477 Jleeq/C /1/ 0 f 7-C,, ,,ec) FAX / `"l -- 7,6 7 F31Er0 1VX: DIISTRICT 2A 74.nt, Zi --e_.) FAX -0A- 297-608 13)23.TE: 1 i Co mmexxt s: CetT-6-1/ 5/ f4)/(7---0' Af ' PO Box 25412 Portland, OR 97225-0412 (503) 229-5002 ,rm 734-18978(9-95) FAX (503) 297-6058 Oregon August 19, 1997 Christensen Engineering, Inc. DEPARTMENT OF 7150 SW Hampton Street RECEIVED PLANNING TRANSPORTATION Suite 226 Portland OR 97223 AUG 2 2 1997 District 2A Re: Car Toys, Tigard CITY OF TIGARD District Permit Specialist Pacific Highway West FILE CODE: Washington County Dear Mr. Christensen: I discussed some of the issues that were raised at our on-site meeting at the proposed Car Toys at 99W @ Dartmouth with Bob Schmidt and our Traffic section. These are ODOT's recommendations and requirements as a result of that meeting. • The landscape strip will not be required on the frontage road, due to the width restrictions on the South side of the frontage road caused by the steep slope down to the Costco parking lot. • The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five feet area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for a better alignment. • The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the Applicant to show the handicap ramp(s) to be constructed in the site plan. All sidewalk and ramps on ODOT R/W shall be to ADA standards. I am enclosing the latest standard drawings from our roadway engineering section for your use on this and future projects. • O.D.O.T. requires a revised site plan showing the ADA ramps, location of signal poles and minor access road realignment as discussed above before we can issue a permit. If you have any questions, please contact me at 229-5002. Sincerely, if_.: .. Jane Estes ;, Permit Specialist PO Box 25412 Portland, OR 97225-0412 (503) 229-5002 Form 734-1897C(9-95) FAX (503) 297-6058 • - - ODOT DISTRICT 2A Fax:503-297-6058 Aug 20 '97 14:53 P. 02 Oregon August 19, 1997 Christensen Engineering, Inc. DEPARTMENT OF 7150 SW Hampton Street TRANSPORTATION Suite 226 Portland OR 97223 District 2A Re: Car Toys, Tigard District Permit Specialist Pacific Highway West FILE CODE: Washington County Dear Mr. Christensen: I discussed some of the issues that were raised at our on-site meeting at the proposed Car Toys at 99W @ Dartmouth with Bob Schmidt and our Traffic section. These are ODOT's recommendations and requirements as a result of that meeting. • The landscape strip will not be required on the frontage road, due to the width restrictions on the South side of the frontage road caused by the steep slope down to the Costco parking lot. • The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five feet area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for a better alignment. • The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the Applicant to show the handicap ramp(s) to be constructed in the site plan. All sidewalk and ramps on ODOT R/W shall be to ADA standards. I am enclosing the latest standard drawings from our roadway engineering section for your use on this and future projects. • O.D_O.T. requires a revised site plan showing the ADA ramps, location of signal poles and minor access road realignment as discussed above before we can issue a permit. If you have any questions, please contact me at 229-5002. Sincerely, a U-?:,1 ..,eer. Jane Estes "- '` Permit Specialist PO BOX 25412 Portland, OR 97225-0412 (5031 229-5002 Form 734-1897C(9-95) FAX (503) 297-6058 07/09/97 WED 10:25 FAX 503 59' 0986 TVWD ENGINEERING 11001 JLUUEST FOR COMMENTS CITY OF TIOARD Community iN01 1 1 Shaping Better er Community v�0°� X99 RECD JUL - 2 1997 DATE: lune 30,1991 ° OF TO: TUALATIN VALLEY WATEI TRICT -ATTN: ADMINISTRATIVE OFFICE FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea[x311 Phone:[503)639-41111 Fat 150316841291 RE SITE DEVELOPMENT REVIEW(SDRI 97-0006/VARIANCE[VARI 97-0006 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD. Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 0 18.62, 18.100, 18.102, 18.106. 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other inform •lf:r-. .r*• ••r staff, a report and recommendation will be prepared and a decision will be rendered on the - oposal in the near ture. If you wish to comment on this application, WE NEED YOUR COMMENTS BAC :Y: Monday July 10,1991. Y•u may use the space provided below or attach a separate letter to return your commen -. If you are unable to respond b the above date. please phone the staff contact noted above with your comments and firm your commen writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 1312oulevard, 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 (This notice was inadvertedly sent to the Tigard Water District on June 20, 1997. Therefore, if at all possible please respond to this request at your earliest convenience. Thank you for your assistance in advance, Tigard Planning Division.) l(P&Ise promote the folTowing infornuition Name of Persons]Commenting: Air p4C rat-✓ 'Phone Numberlsl: ELI-- 50 I SDR 97-0006NAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CI O TIIGARD Community Development Shaping A Better Community DATE: lune 20,1991 TO: PER ATTACHED FROM: Cily of Tigard Planning Division STAFF CONTACT: William D'Andrea[x3111 Phone:(503)639-4171 Fax:(503)684-7297 RE: SITE DEVELOPMENT REVIEW(SORI 91-0006/VARIANCE MARL 97-0006 1 CAR TOYS A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Attached is 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: Monday lune 30,1991. 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 follinuing information I Name of Person[s)Commenting: I Phone Number[sl: I SDR 97-0006/VAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS • MITTRCSTIIN UST RI MI NI s ORIELSPIENTIPPUCJMINS CR Aria ICI co (SI (WI CITIZEN INVOLVEMENT TEAMS m n.ee aw raise its Ulm PT I..ald ALE NO[5i: -JR-0 cialV g1--0IP RLE NAMEIn Gds Toys CITY OFRCES I ADVANCED PLANNING/Nadine Smith..w.ya.....—COMMUNITY DVLPMNT.DEPTJov...a....T...mmt ,, OUCE DEPTJc.............aw BUILDING DIV/Davd Scott,we..row. _ NGINEERING DEPT/Brian Rager,o.e.........wr••r WATER DEPTJMIchael Miller,o..........,.a. CITY ADMINISTRATION/Cathy Wheatley,cw..... OPERATIONS DEPTJJohn Roy,.....rote.., _OTHER SPECIAL DISTRICTS TUALATIN VALLEY FIRE 3 RESCUE _TUALATIN VALLEY WATER DISTRICT PUNIFIED SEWERAGE AGENCY Fire Marshal Administrative Office Julia Huffmar/SWM Program Washington County Flre District PO Box 745 155 N.First Street (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 3 WILDLIFE —OR.DN.OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street.NE Beaverton,OR 97076 PO Box 369 PO Box 59 Salem,OR 97310-1337 Tualatin,OR 97062 Portland,OR 97207 _Larry Conrad.Swear Plow. —OR.PUB.UTILITIES COMM. _Mike Matteucd,rvveviv•a coes METRO _OR.DEPT.OF GEO.3 MINERAL IND. 550 Capitol Street.NE 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem.OR 97310-1380 _CITY OF DURHAM Portland,OR 97232-2738 Portland,OR 97232 City Manager _US ARMY CORPS.OF ENG. Growl*Box 23483 _Paulette Allen,G M.. • +C wax _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue Durham,OR 97281-3483 _Mel Huie,a.e....o..Coal....(csACvrmAw 1175 Cowl Street,NE PO Box 2948 Salem.OR 97310-0590 Portland.OR 97208-2948 _CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION C:ty Manager 800 NE Oregon Street _OREGON DEPT.OF TRANS.(0007) WASHINGTON COUNTY 15300 SW 116th Avenue Budding#16,Suite 540 Aeronautics Division Dept of Land Use 3 Trans. King City,OR 97224 Portland,OR 97232-2109 Attn: Tom Highland,vii...., 155 N.Fast Avenue 3040 25th Street.SE Suite 350.MS 13 _CITY OF LAKE OSWEGO _OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 _ODOT,REGION 1 —Brent Curtis(cowl) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera Sonya Karen.ow..(...Cows —Scott King i i Portland.OR 97208-3621 123 NW Flanders —Mike Borreson ce.v..i _CITY OF PORTLAND Portland,OR 97209-4037 _Jim Tice ao•Yi David Knowles.w...g eve..or. _OREGON,DEPT.OF ENVIRON.QUALITY —Tom Harry ccivivvi Pt Asia) Portland Building 106,Rm.1002 811 SW Sixth Avenue ODOT,REGION 1-DISTRICT 2A —Phil Healy(a....w..ow 1120 SW Fifth Avenue Portland,OR 97204 Jane Estes.Pe..s soea..• Portland,OR 97204 PO Box 25412 Portland,OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES / BURLINGTON NORTHERN RJR METRO AREA COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO.(R/R) ✓TR1-MET TRANSIT DVLPMT. Administrative Office Jason Hewitt Clifford C.Cabe.Construction Engineer Michael Kaiser.Protect Planner 1313 W.11th Street Twin Oaks Technology Center 5424 SE McLoughlin Boulevard 710 NE Holladay Street Vancouver.WA 98660-3000 1815 NW 169th Place,S-6020 Portland,OR 97232 Portland,OR 97232 Beaverton.OR 97006-4888 _COLUMBIA CABLE COMPANY _TCI CABLEVISION OF OREGON _US WEST COMMUNICATIONS Craig Eyestone --"' NW NATURAL GAS COMPANY Linda Peterson Pete Nelson 14200 SW Bngadoon Court Scott Palmer 3500 SW Bond Street 421 SW Oak Street Beaverton.CR 97005 220 SW Second Avenue Portland.CR 97201 Portland,OR 97204 / Portland.OR 97209-3991 ' GENERAL TELEPHONE Paul Koft.Engineering - PORTLAND GENERAL ELECTRIC COMPANY MC: OR030546 Brian Moore Tigard.OR 97281-3416 14655 SW Old Scholls Ferry Road Beaverton,OR 97007 RtpadylnlasterWIaloacs.mst 2-Atirf-a7 A - AFFIDAVIT OF MAILING Mill CRY OF TIGARD Community■Development M Shaping)!‘Better Community STATE of oEGow ) County of'Washington )ss. City of Tigard ) I, Patricia L Lunstord, 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. J That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (o..r...r...r.rrc.w) OW rare Woe del (Oak ataraitaa Na ban) ❑ City of Tigard Planning Director O Tigard Hearings Officer C Tigard Planning Commission O Tigard City Council iThat I served NOTICE OF (AMENDED ❑) DECISION FOR: (CY4W a.rlr Arr..rM} Y' City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED U) FINAL ORDER FOR: (ONO lot.wa.r.wre..s} (check aparrarlrb ha Wow} ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked hibit "A", was mailed to e named person(s) at the address(s) shown on the attached list(s), matted Exhibit B".in the - tt day .f �/1 / L 1991, and deposited in the United States Mail on the of i day of i� ' .=. 1991, postage prepaid. ice" Kir [Person ntat Prepared once) Subscribed and /affirmed before me on the 5 day of��l.�t)• , 1 977 ±� OFFICIAL SEAL s•f` DIANE M JELDERKS / �4a NOTARY PUBLIC-OREGON !..r COMMISSION NO.046142 ,, /, MY COMMISSION EXPIRES SEPTEMBER 07, 1999 A �� `• .4_ .datL., NOTARY 'UBUC OF OREG l My Commission Expires .~` FILE INFO_ 777y CISE Nom ` /qT 1 CASE IIIIIIISk (j, 7 ' EXHIBIT s NOTICE OF DECIStON SITE DEVELOPMENT RE1 IEW` S ) 7'OO6 CITY OF TIGARD VARIANCE (VAR) 97-0006 cownwAyfthiopment CAR T SFiapingA Better Community 120 DAYS=11/13/97 SECTION I: APPLICATION SUMMARY CASES: FILE NAME: CAR TOYS Site Development Review (SDR) 97-0006 Variance (VAR) 97-0006 PROPOSAL: The applicant has requested the following development applications: 1 . Site Development Review approval to allow the construction of a 5,373 square foot Car Toys retail building; and 2. Variance request to building placement criteria that requires buildings to occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. APPLICANT: Jeff Piccalo OWNER: Same Brettler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 COMPREHENSIVE PLAN DESIGNATION: General Commercial; C-G. ZONING DESIGNATION: General Commercial; C-G. The C-G zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, and eating and drinking establishments, among other uses. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. The site is located at the southeast corner of the intersection of SW Pacific Highway and SW Dartmouth Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164; and the Tigard Triangle Design Standards. SECTION II: DECISION Notice is hereby given that the City of Tigard Communityottvelopthent DireCtOeS deSignee has APPROVED the above request subject to defttivO0pditions of approval .11‘a findings and conclusions on which,the decision IS basdiate noted in Section:t , NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 1 OF 18 CONDITIONS OF APPROVAL • PRIOR TO THE ISSUANCE OF SITE AND/OR BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements). Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. Additional right-of-way shall be dedicated to the public along the frontage of SW Dartmouth Street to increase the right-of-way to 47 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall construct a street widening improvement along the frontage of SW Dartmouth Street. The improvements adjacent to this site shall include: A. additional PCC pavement widening (match existing structural section) to provide a total paved width of 66 feet curb-to-curb (33 feet from centerline); B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. concrete sidewalk; E. street striping; F. streetlights as determined by the City Engineer; G. adjustments to existing traffic control signage or traffic signals and appurtenances, if necessary; H. street signs (if applicable); and I. driveway apron. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 2 OF 18 6. The applicant shall obtain a permit from the Tualatin alley Water District for any proposed water connection(s) prior to issuance of the City's public improvement permit. 7. Prior to issuance of the site and/or building permit, the applicant's storm drainage plan shall be revised to ensure that all of the on-site runoff will be contained within the subject site and properly conveyed to the public system without flowing onto adjacent properties. Off-site easements will be required if storm water must flow across adjacent properties. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 9. The applicant shall comply with the requirements set forth in the August 8, 1997 letter from ODOT to Christensen Engineering. The applicant shall obtain the necessary plan approval and/or construction permit to satisfy those requirements. 10. Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea, Planning Department (639-4171). The revised plans shall include the following: A. provide a statement from the landscape architect verifying that the Clevelend Maple is a broad-spreading street tree in accordance with the Landscape and Street Tree Standards and would thus, satisfy this criteria, or provide replacement trees that satisfy the standard; B. lighting plan showing that lighting fixtures are selected, designed and situated to direct light towards areas of the site vulnerable to crime; C. mitigation plan that provides for no net loss of trees in accordance with this section. The plan shall demonstrate mitigation of 55 caliper inches. This mitigation is in addition to the required minimum landscaping, street trees, and parking lot trees; D. all building elevations to be setback a maximum of 10 feet; E. provide for a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The northeast elevation ground floor wall area contains approximately 456 square feet, thus requiring 228 square feet of windows, display areas or doorway openings and the northwest elevation ground floor wall area contains approximately 444 square feet. thus requiring 222 square feet of windows, display areas or doorway openings; F. elevations showing the location of all roof mounted equipment and demonstrating how all roof mounted equipment shall be screened; G. 3 1/2 caliper inch trees within the landscape planters between the parking lots and both SW Dartmouth Street and SW Pacific Highway; and H. written solid waste hauler approval of facility location and equipment compatibility. 11 . Plans approved by Tualatin Valley Fire and Rescue. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE FINAL BUILDING INSPECTION: NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 3 OF 18 12. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City and provide a one-year maintenance assurance for said improvements. 13. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: A. mylars; and B. a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. 14. All site improvements shall be installed as approved, per the revised site plans. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: In 1979, a Site Development Review (SDR 25-79) was approved to allow an expansion of the Burger Boy parking lot. No further development applications were found to have been filed with the City of Tigard. Vicinity Information: The subject property is located at the southeast corner of the intersection of SW Pacific Highway and SW Dartmouth Street. Surrounding properties are zoned C-G (General Commercial) and are developed with commercial uses. Site Information and Proposal Description: The site consists of two (2) parcels containing approximately 21,396 square feet and Alexander's restaurant. The applicant is proposing to demolish the existing restaurant and construct a 5,373 square foot, Car Toys retail building. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 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 NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 4 OF 18 supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61 , TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Upon obtaining a building permit, the applicant will be required to pay TIF's. The applicant's narrative states that their estimate for TIF fees is approximately $9,397. Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $29,365.00 ($9,397 divided by .32). The difference between the TIF paid, and the full impact, is considered an unmitigated impact on the Collector and Arterial Street system. Since the TIF paid is $9,397.00, the unmitigated impact can be valued at $19,968.00 impact on the Collector and Arterial Street system. The applicant's narrative states that improvements to SW Dartmouth Street will cost approximately $17,500. Given these estimates, the improvements are roughly proportional to the impacts. Use Classification: The applicant is proposing to build a Car Toys retail building. This use is classified in Code Section 18.42 (Use Classifications) as Automotive and Equipment: Repairs, Light Equipment. Section 18.62.030(A)(2)(d)(ii) lists Automotive and Equipment: Repairs, Light Equipment as a permitted use in the C-G zone. Dimensional Requirements: Section 18.62.050 states that there is no minimum lot area and the average minimum lot width is 50 feet. Developments are required to provide a minimum of 15% landscaping. The site has a width of approximately 115 feet, thereby, exceeding the required minimum lot width requirement. The applicant is proposing approximately 3,416 square feet or 17% of the site for landscaping. Setbacks: Section 18.62.050 states that no front, side, or rear yard setback is required except 20 feet shall be required where the zone abuts a residential zoning district. The maximum building height is 45 feet. Zoning setbacks are not applicable as the site does not abut a residential zone. The applicant is proposing a building height of 26 feet, well under the maximum 45 feet allowed. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.80 (Planned Developments), 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 18.98 (Building Height Limitations: Exceptions) or 18.144 (Accessory Use and Structures), which are also listed under Section 18.120.180.A.1 . These chapters are, therefore, found to be inapplicable as approval standards. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 5 OF 18 Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year Floodplain) or 18.120.180.9 (Demarcation of Spaces) and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The request is for a redevelopment of an existing developed commercial site. Given the location of the building, parking area and accessway, as well as, the grading required to accommodate this proposal, several of the existing trees will be removed. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The plan will also include new parking lot and street trees. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as this proposal does not abut a use that requires buffering in accordance with the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. As indicated on the site plan, parking and storage areas shall be screened from adjoining properties. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. A lighting plan showing that lighting fixtures are selected, designed, and situated to direct light towards areas of the site vulnerable to crime shall be submitted, in accordance with this section. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type and location of trees and shrubs. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The Tigard Triangle Design Standards require that on Dartmouth Street, the street trees shall be broad spreading to 25 feet with a minimum spacing of 27 feet. The trees shall be located between the sidewalk and street. The landscape plan shows the provision of Cleveland Maple trees spaced approximately 27 feet. The applicant shall provide a statement from the landscape architect verifying that the Clevelend Maple is a broad-spreading street tree in accordance with the Landscape and Street Tree Standards and would, thus, satisfy this criteria or provide replacement trees that satisfy the standard. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 6 OF 18 Screening: Special Provisions: Section 18.100.110(A) 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-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, screening has been provided in accordance with this section. Visual Clearance Areas: Section 18.102 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 (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The Tigard Triangle Design Standards state that if a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. The standards allow for zero foot setbacks and require that buildings be located at public street intersections. Therefore, the vision clearance area is not applicable to this application. Minimum Off-Street Parking: Section 18.106.030.(C)(7) requires a minimum of one (1) parking space per 500 square feet gross floor area of Automotive and Equipment: Repairs, Light Equipment. The 5,373 square foot Car Toys requires eleven (11) parking spaces. As indicated on the site plan, 28 parking spaces have been provided, thereby, satisfying this criteria. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 2 disabled parking spaces if 26 to 50 parking spaces are provided. The plan shows the provision of two (2) disabled parking spaces, thereby, satisfying this criteria. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. One (1) bicycle parking space is required for this development. The plan notes that two (2) bicycle parking spaces are provided, thereby, satisfying this criteria. Off-Street Loading spaces: Section 18.106.080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. This section is not applicable as the building is less than 10,000 square feet. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 7 OF 18 Access: Section 18.108.080 requires that commercial and industrial uses which require less than 100 parking spaces provide one (1) access with a minimum width of 30 feet and a minimum pavement width of 24 feet. This criteria is satisfied as the preliminary plan shows the provision of a 24-foot access drive on SW Dartmouth Street. This site is the recipient of an existing access easement that grants access to the Costco driveway. This easement was provided as a condition of Site Development Review (SDR 93-0018) approval for the Costco development. The applicant has requested that access be provided directly on SW Dartmouth Street and not from Costco's driveway via the easement. The applicant has provided a Costco Driveway Access Study that shows utilization of such a driveway at existing grades would require a 22% slope. The Tualatin Valley Fire and Rescue maximum recommended standard is 15%. It is possible to provide a longer driveway approach to provide 15% slopes, but this would require more grading on the Car Toys site. Staff is also concerned about the proximity of the existing easement onto the Costco driveway and SW Dartmouth Street. This concern is related to stacking of vehicles on the Costco driveway and interruption of the flow of traffic on SW Dartmouth Street. Given the grades and traffic concerns, the City will not require a driveway connection to the Costco driveway. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. 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 six (6) inch vertical separation (curbed), or a minimum three (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 (4) 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. The proposed site plan shows the provision of a walkway connection to SW Dartmouth Street, thereby, satisfying this criteria. Mixed Solid Waste and Recyclables Storage: Section 18.116 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 plans show the provision of a trash enclosure. The applicant shall provide a written sign-off from the hauler regarding the location and compatibility of this facility. Tree Removal: Section 18.150.025 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 NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 8 OF 18 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. This section requires a program to save existing trees or mitigate tree removal for trees over twelve (12) inches in caliper. The applicant has provided a report and plan that identifies all existing trees greater than six (6)-inches in caliper. The inventory identified four (4) trees greater than 12-inch caliper. The proposed plan will be removing all four (4) trees greater than 12-inch caliper. Since the applicant is retaining less than 25% of the four (4) existing trees, Section 18.150.025(B)(2)(d) requires no net loss of trees. The applicant shall, therefore, provide a mitigation plan that provides for no net loss of trees in accordance with this section. The plan shall demonstrate mitigation of 55 caliper inches. This mitigation is in addition to the required minimum landscaping, street trees and parking lot trees. Signs: Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. TRIANGLE DESIGN STANDARDS: Design standards for public street improvements and for new development and renovation projects have been prepared for the Tigard Triangle. These design standards address several important guiding principals adopted for the Tigard Triangle, including creating a high-quality mixed use employment area, providing a convenient pedestrian and bikeway system within the Triangle and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in non single family residential uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Tigard Triangle. The following design standards apply to all development located within the Tigard Triangle within both the C-G and the MUE zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. STREET CONNECTIVITY: All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Chapter 18.134 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. Design Option a. Local street spacing shall provide public street connections at intervals of no more than 660 feet. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 9 OF 18 b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. Performance Option a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a local origin to a collector or greater facility is no more than one and one-half the straight-line distance. There are five (5) intersections along SW Dartmouth Street, not including the proposed Minor Arterial (ODOT Toolbox) proposed on the Tigard Triangle Street Plan. Southwest Dartmouth Street is approximately 3,600 lineal feet (.68 miles in length). To meet the spacing requirement of the performance option, there would need to be five (5) intersections in the .68 mile length. There are five (5) intersections, thereby, satisfying the eight (8) intersections per mile requirement of the performance option. The local point of origin is defined as the "front door" of the structure. The proposed plan elevations show that the front door faces SW Dartmouth Street. The plan, therefore, complies with sections (b) and (c) of the performance option related to vehicular and pedestrian trips. The proposed plan has met the performance option. SITE DESIGN STANDARDS: All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan must be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.134.050 (Criteria for Granting a Variance) is satisfied. Building placement on Major and Minor Arterials and the street - Buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial Streets. Buildings shall be located at public street intersections on Major and Minor Arterial Streets. The applicant has requested variance approval from this standard. The variance has been approved and is discussed in the variance section of this report. Building setback - The minimum building setback from public street rights-of-way or dedicated wetlands/buffers and other environmental features, shall be 0 feet; the maximum building setback shall be 10 feet. The proposed plan indicates that the majority of the building is setback a maximum of 10 feet with a small portion of the building elevation setback beyond the maximum 10-foot setback from SW Dartmouth Street. A revised site plan shall be submitted that provides for all of the building elevation to be setback a maximum of 10 feet, thereby, complying with this criteria. Front yard setback design - Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 10 OF 18 landscaping requirement per Section 18.62.050 (A) 6. A pedestrian plaza has been provided from the building entrance to the sidewalk along SW Dartmouth Street. The L-1 landscape standard states that trees shall be planted at 3 1/2 inch caliper. The landscape plan indicates that 3-inch caliper trees will be planted. A revised plan shall be submitted that shows the provision of 3 1/2 caliper inch trees within the landscape planter between the parking lot and SW Pacific Highway. Walkway connection to building entrances - A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six (6) feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.62.050 (A) 6. As indicated on the preliminary plans, a plaza area has been provided from SW Dartmouth Street to the building's entrance, thereby, satisfying this criteria. Parking location and landscape design - Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. If located on the side, parking is limited to 50 percent of the street frontage, and must be behind a landscaped area constructed to an L-1 Landscape Standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 Landscape Standard, except where a side yard abuts a public street. where it shall be landscaped to an L-1 Landscape Standard. The proposed parking lot is located on the side of the proposed Car Toys building. The parking lot occupies 70 feet (40%) of the 176 feet of frontage on SW Dartmouth Street and 110 feet (49%) of the 224 feet of frontage on SW Pacific Highway, thereby, satisfying this criteria. The L-1 landscape standard states that trees shall be planted at 3 1/2 inch caliper. The landscape plan indicates that 3 inch caliper trees will be planted. A revised plan shall be submitted that shows the provision of 3 1/2 caliper inch trees within the landscape planter between the parking lot and SW Dartmouth Street. BUILDING DESIGN STANDARDS: All non-residential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.134.050 (Criteria for Granting a Variance) is satisfied. Ground floor windows - All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. The northeast elevation ground floor wall area contains approximately 456 square feet, thus requiring 228 square feet of windows, display areas or doorway openings. The northwest elevation ground floor wall area contains approximately 444 square feet, thus requiring 222 square feet of windows, display areas or doorway openings. Revised plans NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 11 OF 18 shall be submitted that provide for a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings in accordance with this section. Building facades - Facades that face a public street shall extend no more than 50 feet without providing at lease one of the following features: (a) a variation in building materials; (b) a building off-set of at least 1 foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. As indicated on the proposed plan, variations in building materials have been provided in compliance with this section. Weather protection - Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard- surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Awnings and canopies shall not be back lit. As indicated on the site plan, a canopy has been provided in accordance with this standard. Building Materials - Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. Building materials consist of Drivet style stucco, with additional copings, space frames and glazing. Roofs and roof lines - Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. As indicated on the elevation plan, the roof has been designed in accordance with this standard. Roof-mounted equipment - All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant's narrative states that all roof mounted equipment shall be screened from view from the adjacent public streets. The applicant shall provide elevations showing the location of all roof mounted equipment and demonstrate how all roof mounted equipment shall be screened in accordance with this criteria. SIGNS: In addition to the requirements of Chapter 18.114 of the Development Code the following standards shall be met: Zoning district regulations - non-residential development within the C-G zone shall meet the sign requirements of the C-G zone (18.114.130(C)). The applicant will be required to obtain a sign permit. Compliance with sign standards will be reviewed at that time. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 12 OF 18 Sign area limits - The maximum sign area limits found in 18.114.130 shall not be exceeded. No area limit increases will be permitted within the Tigard Triangle. Compliance with sign area limits will be reviewed during the sign permit review process. Height limits - The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sign is located. No height increases will be permitted within the Tigard Triangle. Compliance with sign height limits will be reviewed during the sign permit review process. Sign location - Freestanding signs within the Tigard Triangle shall not be permitted within required L-1 landscape areas. Compliance with sign location standards will be reviewed during the sign permit review process. ENTRY PORTALS: Entry portals shall be required at the primary access points into the Tigard Triangle. Location - Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72nd; 1-5 and Dartmouth; Hwy. 217 and 72nd; and at the Hwy. 217 Overcrossing and Dartmouth. Design - The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif shall be incorporated into the design of entry portals. As indicated on the site plans, a triangle motif has been provided in accordance with this standard. LANDSCAPING AND SCREENING: Two levels of landscaping and screening standards are applicable to the Tigard Triangle. The locations where the landscaping or screening is required and the depth of the landscaping or screening are define in other sub-sections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. L-1 Low Screen - For general landscaping of landscaped and screened areas within parking lots, local collectors and local streets, planting standards of Chapter 18.100 Landscaping and Screening, shall apply. The L-1 standard applies to setbacks on major and minor arterials. Where the setback is a minimum of 5 feet between the parking lot and a major or minor arterial, trees shall be planted at 3 1/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provided a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. Any tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit. The applicant has been conditioned to provide revised plans that indicate the provision of 3 1/2 inch caliper trees in accordance with this requirement. L-2 General Landscaping - For general landscaping of landscaped and screened areas within parking lots, local collectors and local streets, planting standards of Chapter 18.100 Landscaping and Screening, shall apply. Trees shall be provided at a minimum 2 1/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. Any tree planted in excess of a 2 inch caliper shall be eligible for full mitigation credit. L-2 landscaping standards have been satisfactorily provided. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 13 OF 18 Variance - Minimum 50 Percent Building Frontage: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. The variance will not be materially detrimental to City policy or standards. The size and location of the proposed structure can still largely satisfy the intent of the frontage provision. The variance will not be detrimental to other properties in the vicinity as the variance is limited to a reduction to the required 50% building frontage. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district. The special circumstances which exist are the size and shape of the existing parcel, restrictions on driveway locations and its location on the corner of SW Dartmouth Street and SW Pacific Highway. The unique shape of the site makes compliance with the frontage requirement extremely difficult, if compliance with other applicable code provisions are required. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The requested variance will in no way affect the permitted use status of the automotive accessory sales building. All other City standards will be maintained as discussed in this review process. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title. The impact of this variance will be limited to allowing less building frontage. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing less building frontage. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self-imposed as the variance is the result of the existing site size and shape and location at the intersection of SW Dartmouth Street and SW Pacific Highway. The variance is the minimum variance necessary as the reduction of the frontage percentage will allow development of the property while still largely meeting the intent of the frontage requirement. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to Pacific Highway (99W) and SW Dartmouth Street. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 14 OF 18 Pacific Highway Pacific Highway is under ODOT jurisdiction and is classified as an Arterial Street on the City's Transportation Plan Map. ODOT staff has submitted comments to the City with regard to the subject application. Those comments will be included in the Planning Department's portion of this decision or report under "Agency Comments." ODOT is allowing the applicant to utilize an existing frontage road adjacent to Pacific Highway that presently serves the veterinarian business just west of this site. The applicant will be required to comply with any restrictions issued by ODOT for use of this access. SW Dartmouth Street Southwest Dartmouth Street is classified as a major arterial street as a part of the Tigard Triangle Design Standards. It has been partially improved as a part of a Local Improvement District that was completed in 1994. The "Dartmouth Street Concept Plan" was generated at that time by the City that calls for additional widening of the roadway along certain segments, with the idea in mind that the ultimate roadway section would provide five (5) lanes, plus bike lanes. Specifically, the roadway would include: one 12- foot center turn lane, four 11-foot lanes and two 5-foot bike lanes (66 feet total paved width). The south curb line frontage along the subject site is one location where the roadway would need to be widened. At present, there are four lanes available: three northbound lanes and one southbound lane. The widening would provide an additional southbound lane, plus the needed width to accommodate the bike lanes. The applicant's plans indicate that they will construct the additional widening of Dartmouth Street as a part of this project. Construction drawings for the street work, including a striping plan, will need to be reviewed and approved by the City Engineer prior to issuance of the site and/or building permit. The Dartmouth Street Concept Plan calls for a right-of-way (ROW) width of 94 feet (47 feet each side of centerline). At present, there is only 33 feet of ROW west of the centerline. The applicant's plan indicates that they will dedicate additional ROW to provide the required 47 feet from centerline. There is an existing driveway onto SW Dartmouth Street that was used for the Alexander's restaurant. The applicant proposes to remove that driveway and construct a new one further south along Dartmouth. The new driveway would be located near the southern boundary of the site. This relocation is acceptable, as it will pull the access location further away from the signalized intersection which may help to avoid turning movement conflicts. The location of the new driveway may still prove to be problematic for the applicant, as vehicles stacked in the northbound double left-turn lanes at Pacific Highway often back up beyond the proposed location of the driveway. The applicant has stated in their narrative that they understand the Dartmouth access will be limited to right-in and right-out turning movements. WATER: This site is located within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line in SW Dartmouth Street that is adequate to serve this site. There are existing water meters from the previous use that will be utilized by the applicant for domestic and irrigation flows. SANITARY SEWER: There is an existing eight (8)-inch public sanitary sewer line that lies within an existing 16.5-foot wide right-of-way (ROW) strip adjacent to the southern boundary of this site. The ROW strip is currently unused except for the public utility. The eight (8)-inch sewer line will adequately serve this site and the applicant may be able to utilize the existing sewer lateral from the previous building. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 15 OF 18 STORM DRAINAGE: There is an existing storm drain inlet located within the 16.5-foot right-of-way (ROW) strip near SW Dartmouth Street that the applicant proposes to use to drain the entire site. It appears the previous business may have used the same inlet for its drainage. Since this site was previously covered with impervious area (old building and parking lot), this new use will not increase the amount of runoff from the site. Therefore, the applicant may still be able to use the existing inlet shown on the plan. Staff does have one concern with the applicant's proposed storm drainage plan. The plan shows a six (6)-inch wide curb knock-out in the southern curb line between this site and the Costco property (see Sheet 4 of 7 of applicant's plan). The note indicates the knock- out is to allow for passage of storm water. The concern is that it appears the applicant would be allowing site runoff to exit the subject site and flow onto the Costco parcel, which would not be permitted. The applicant shall revise their plan to ensure that all of the on- site runoff will be controlled and conveyed properly without flowing onto adjacent properties. A final storm drainage plan will need to be reviewed and approved by the Building Division 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) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65% of the phosphorus contained in 100% of the storm water runoff generated from newly created impervious surfaces. Since this use will not increase the amount of impervious surfaces on this site, this section will not apply. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates 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 R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: AGENCY COMMENTS The City of Tigard Building Division states that the applicant shall provide a storm drain system (see Sheet 4 of 7). Sheet flow off property as noted by curb cuts is not acceptable. Accessible route (see Sheet 2 of 7) shall not cross traffic lane; move to northeast area (11 .04.4.5). Provide information on fire hydrant location and fire flow information. East access must be 20 feet wide for fire apparatus. The City of Tigard Police Department, and City of Tigard Maintenance Services Department have reviewed this application and have offered no comments or objections. NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 16 OF 18 SECTION VI: AGENCY COMMENTS The Oregon Department of Transportation has reviewed the application and has the following comments: These comments are a revision to previous comments submitted in a letter dated July 14, 1997. The landscape strip will not be required on the frontage road, due to the width restrictions on the south side of the frontage road caused by the steep slope down to the Costco parking lot. The ODOT access road should be realigned so that it would be directly in line with the parking aisle at the western end of the site. There is a power pole and guy line in the vicinity, however, there is about a five (5)-foot area that can be paved to slightly shift the alignment. Since the parking lot is going to be repaved for the new construction, the parking aisle striping can also be slightly shifted for better alignment. The project plans do not show the handicap ramp to be reconstructed on the sidewalk at the most northerly corner of the site as a result of the widening on SW Dartmouth Street. The construction of the handicap ramp(s) may require the relocation of the signal pole. We recommend the City require the applicant to show the handicap ramp(s) to be constructed in the site plan. All sidewalk and ramps on ODOT right-of-way shall be to ADA standards. Enclosed are the latest standard drawings from our Roadway Engineering Section for your use on this and future projects. Unified Sewerage Agency has reviewed the application and has the following comments: 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). Engineer should verify sanitary sewer is available to up-hill 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 up-hill adjacent properties, or extend storm service as required by R&O 96-44. 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 flow. Water Quality: Fee in lieu is acceptable for this development. Tualatin Valley Fire and Rescue has reviewed the request and has offered the following comments: Plans are not approved. Please address the following items and re-submit plans for review and approval: The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1 ,000 GPM, or portion thereof, over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief (UFC Sec. 903.4.2.1). NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 17 OF 18 No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway (UFC Sec. 903.4.2.1). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshall's Office (UFC Sec. 903.3). Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway (UFC Sec 903.4.2.4). Tualatin Valley Water District and PGE have reviewed this application and have offered no comments or objections. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON TUESDAY, SEPTEMBER 2, 1997 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. 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 OF AN APPEAL IS 3:30 P.M. ON SEPTEMBER 2, 1997. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 . &A. h.A August 21, 1997 PREPARED BY: William D'Andrea DATE Associate Planner/AICP is\curpin\will\sdr97-06.dec NOTICE OF DECISION SDR 97-0006NAR 97-0006-CAR TOYS PAGE 18 OF 18 I ~w• \� Z.. BURGERVILLE o o -, \ TL 1700 IOt....= .... ..; . :..,„ ...,...\. ciiii. :7_,-..... ‘ p. rn / \. Ot o ,. Z /-'* ' o _1 Ce • COSTCO \ , , LL i 0 1 • H i V CASE NCO, 1 SITE PLAN SOB 97-0006/VAR 97-0006 1 EXHIBIT MAP CAR TOYS ! i ______ ... g-- :11161 MI T 'all ---- '7 kafftla 7 IMO= -L° i inn j I__ Ill IN N. ... ,E. -:i ri IN co ..a. al. .... el a mill wm, _ .: _ II . 1 .- iin an. „ Iii . ,0 0, milk 1 pro-Rew- ta '41k olli; ---' a_ -2 ■ c3. (,, -,, * 1-7- lik°1 o bro., U UK \PL VIciNItyMap N SDR 97-0006NAR 91-0006 w- pd A Car ' 'ovs Sb le- qZ-6006/1/12`77-00060 G-K'_ 7 U /5 (Ai- J0 F 1) 1 S 136 C D-01900 1 S 136 C D-01800 y BRE=TLER REAL ESTATE INC BRETTLER REAL ESTATE EXT'[I . , T3 BY OAR TOYS BY CAR TOYS ATTN ROB JENSON ATTN ROB ON 307,ROAD ST 307 B D ST SEATTLE,WA 98121 TTLE,WA 98121 1S136CD-02200 1S136CD-01601 COSTCO WHOLESALE CORPORATION DOUGHTY,J PAUL I ATTN EXCISE TAX DEPT 111 10150 S ON RD 999 LAKE DR B ERTO OR 97005 ISSAQUAH,WA 98027 1 S 136C D-01600 1 S 136C D-01100 DOUGHTY,J PAUL LILLI MILLAR,TED L TRUSTEE 10150 SW CANYON RD 3030 SW MO ,SUITE 200 BEAVERTON,OR 97005 P D,OR 97201 1 S 136C D-01300 1 S 136C D-00101 MILLAR,TED L TRUSTEE MILLAR,TED L TRUSTEE 3030 SW MOODY AVE,SUITE 200 3030 SW M E,SUITE 200 PORTLAND,OR 97201 P ND,OR 97201 1S136CD-00100 1S136CD-00102 MILLAR,TED L TRUSTEE MILLAR,TED L TRU 3030 SW MOO , UITE 200 3030 SW AVE,SUITE 200 P D,OR 97201 P ND,OR 97201 1 S 136C D-00200 1 S 136C D-01700 MILLAR,TED L TRUSTEE THE HOLLAND INC 3030 SW MOOD , UITE 200 109 W 17TH ST ,OR 97201 VANCOUVER,WA 98660 1 S 136CD-02004 1 S 136CD-02000 TIGARD,CITY OF WAREMART INC 13125 S L BY BURKE&NICKEL RD,OR 97223 3336 E 32ND ST#217 TULSA,OK 74135 BRETTLER REAL ESTATE, INC. JEFF PICCALO 307 BROAD STREET SEATTLE WA 98121 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 8913 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice 13125 SU Hall Blvd . • Tigard,Oregon 97223 • ❑ Duplicate Affidavit • Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )SS. 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the_T gard—"'ua a --i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T i as rd in the aforesaid county and state; that the gSDR Car Toys a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: August 21 , 1997 fir'^ tl nA,.... 2 day of August, 1997 Subscribed and sworn t efore me this ,.r., OFFICIAL SEAL �uY� [,.� • 6L4 s �" ROBIN A. BURGESS r^Y•I Nota ublic for Oregon • '`, NOTARY PUBLIC-OREGON I ., COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 7001 AFFIDAVIT f SITE DEVELOPMENT REVIEW(SDR)97-0006 VARIANCE(VAR)97-0006 > CAR TOYS< The Director has approved, subject to conditions, a request for Site Development Review approval to allow the construction of a 5,373 square foot, Car Toys, retail building and a Variance request to building place- ment criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD,Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone al- lows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real es- tate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120, 18.134, 18.150 and 18.164. Imo a .. w4m:a.4:..t . 11 ' momma 1. Is am assAueriosa MM. El ■% r.1Ir�. -- ■ Ely ,s aril ■■= ,.m ■um = =� .um mum iii os I.' lmmr �M �.i IIIIM II. ■� ■_ ip yi,,,,,1,0„,.... .4 Niimik III ,„,; __,. ......,, ,.,, 1 il I The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department,Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on September 2, 1997.Any party to the decision may appeal this decision in accordance with Section 18.32.290(A)and Section 18.32.370 of the Com- munity Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M., September 2, 1997. TT8913—Publish August 21, 1997. ion mom I. NE — MO ill III III IIIII ____ — as III 1 11111 ' kur.119 ill :-.--- \,,44-k • -• C • 111 go Inn i ___ 111111-111367s010:....1, 1:.c"dr,.„00:1 iiii, a a . 1411 so .136cDoi e 36CDO -. 11Pri 0 140k18: cco 700 1 441"1* CY) C a NIEMEN 90 C—c--------- (0 1 si36CD0200, 1S136CD02200 1S136 P.2004 CL s- CO IIIIIIIb Li_i= 0 :i-• Vicinity Map A SDR 97-0006/VAR 97-006 ....\ Notification Area Map Ncle Mop m.to wam N --( / Q- TOA/5 APPLICANT MATERIALS I SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: (A.3/ DATE OF PRE-APP.: i 1/( C(Q(,, Property Address/Location(s): f L7f 6c&) �i�cr p=lc FOR STAFF USE ONLY ©t2 ' '7Z2 ' YAP-(210-00 Tax Map & Tax Lot#(s): /5 / NCO, /9 X , Case No.(s): S DR 7 7 6O( 6 Other Case No.(s): ND —SfrP•P f Vd ui, Site Size: 0. 45'-1 AC2rt.S Receipt No.: Q7 - �� 5/ 73 2 Application Accepted By: 7:94.t.t.--a—te,6.44----- Property Owner/Deed Holder(s)*: 6RETt, E.5rRFE, Date: r1 ,2� 9 '7 Address: 7 ( c.A-D Sn2 T Phone:CZ .3) 143-09S-t- City: js.47 a._C (,iR Zip: 987Z / Date Determined To Be Complete: Applicant*: ..3..-1/1-1.C_— CO NDl9.1 Comp Plan/Zone D sign tion: Address: Phone: , City: Zip: CIT Area: When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written Rev.4/21/97 C1CUrp1^lmasterslsdra doc authorization from the owner or an agent of the owner. The owner(s) ,,yt must sign this application in the space provided on the back of this ""/" / form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY ✓ Application Elements Submitted: Application Form The owners of record of the subject property request Site Development Review approval to allow (please be specific): D.----Owner s Signature/Written Authorization l —title Transfer Instrument or Deed 5 � (rAc N p/Site/Plot Plan (#of copies based on pre-app check list) Site/Plot Plan (reduced 8'/:"x 11") Ey Applicant's Statement (#of copies based on pre-app check list) pV Construction Cost Estimate Q/ USA Sewer Use Information Card (Distributed/completed at application submittal) Q Filing Fee (Under$100.000) $ 800.00 (3100,000-5999.999) $1,600.00 (Si Million&Over) Si,%80.00 (+S5/$10.000) - - 1 1 List any VARIANCE, CONDITIONAL USE, SENSiTiVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: VAR/if,i cC_ TO 0!Z7> . 97-co-a- T rim: _ . ���.' ,- APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application In the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above retest does not violate any deed restrictions that may be attached to or imposed upon the subject IL y. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is fcund 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 D 4� day of /t/t_a/ , 19 r 7 ( ttA (/&8- /(. Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 MAY-28-97 WED 11 :34 AM SHARP F0145 57110401 P. 02 MAY-28-1997 10;4S CHRISTENSEN EFL,/VIKING F.02 SITE DEVELOPMENT REVIEW FAL APPLICATION CITY OF TIGARD 13125 SW Hall Blvd, Tigard, OR 97223(503)639-4171 FAX:(503)6847297 GENERAL INFMA1T10N PRE-APP.HELD WITH! (J,t_ b R*F 1 A DATE OF PRE-APP.: 1 i/t Z.( ((a Property Address/LOCation(s); . geo 5fc? P rr'fr~ f Y FOR STAFF USE ONLY rZ Tax Map&Tex Lot#(s): 1 — Case No.(s): Other Case No.(s): dc� Site Size: 0. 444 '�5 Receipt No.: Application Accepted By: • Property Owner/Deed Holder(s)': r t.E z. I Ate F6TePT , --..__- Address: 37 a r) 'S's�e F T Phone: z - City: C5F.-Tri.c_ Ldfi zip_ g gi Z / Date Determined To Be Complete: Applicant': Comp Plan/Zone Designation: Address: „_,✓Phone: City: Zip: CIT Ares: •When the owner and the applicant are different people,the applicant Rev tawl tlesionvnaste stsora-doe must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) <� must sign this application in the space provided on the back of this �.....•• form or submit a written authorization with this application. RESUREafillaillaiALELEMENTI PROPOSAL SUMMARY / Application Elements Submitted: • Application Form The owners of record of the subject property request Site Development Review approval to allow(please be specific): O Owner's Signature/Written Authorization (] Title Transfer Instrument or Deed O Site/Plot Plan of copies based on prrspp check list) ❑ Site/Plot Plan(reduced 8'4"x 11') o Applicant's Statement (C of copies based on pre-app CI to K list) p Construction Cost Estimate O USA Sewer Use Information Card (Distributed/completed at application Submittal) [] Filing Fee (Under 5100.000)........$ !Moo (1100.oa0.1999.999) (st maim,a over)......_S1.780.00 0-ss r s 10,000) �._ 1 2 111 CITY OF TIGARD Community,Devei2 pment Shaping A Better Community PROPOSAL DESCRIPTION FILE NO(S): SITE DEVELOPMENT REVIEW MDR] 97-0006 VARIANCE NAM 97-0006 FILE TITLE: CAR TOYS APPLICANT: Brettler Real Estate, Inc. OWNER: Same do Jeff Piccalo 307 Broad Street Seattle, WA 98121 (253) 443-0980 REQUEST: A request for Site Development Review approval to allow the construction of a 5,500 square foot, Car Toys, retail building. A variance request to building placement criteria which requires that buildings shall occupy a minimum of 50% of all street frontages along Major and Minor Arterial streets. LOCATION: 11700 SW Pacific Highway; WCTM 1S136CD, Tax Lots 01800 and 01900. ZONE: General Commercial; C-G. The C-G zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.120. 18.134, 18.150 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: Monday - lune 30,1991 _X STAFF DECISION DATE OF DECISION: Thursday - ,1997 PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION K VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea, Planning Division (503) 639-4171 x315 SDR 97-0006NAR 97-0006 CAR TOYS PROPOSAL/REQUEST FOR COMMENTS June 6, 1997 • CITY OF TIGARD Jeff Piccalo Car Toys Inc. OREGON Brett ler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 Re: Notice of Incomplete Submittal Dear Mr. Piccalo: The Planning Division has conducted a preliminary review of Site Development Review (SDR) 97-0006, an application for a 5,500 square foot Car Toys retail building, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following items and plan notes: 1.) Additional application fee of $109.00. The applicant's statement indicates that a variance is being requested, a fee for this application was not included with the submittal. 2.) Narrative addressing all of the Tigard Triangle Design Standards. 3.) As discussed in the pre-application conference, an access easement was provided on the Costco property for the purpose of providing access to this subject site. An analysis is required which demonstrates that this subject site cannot utilize this access easement (as the plans show that this easement is not being used). If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, Associate Planner, AICP i:\curpin\willlsdr97-06.ttr c: SDR 97-0006 and use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 (-------- 4 CITY OF TIGARD OREGON June 16, 1997 Jeff Piccalo Car Toys, Inc. c/a Brettler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 Re: Notice of Complete Submittal Dear Mr. Piccalo: This letter is to inform you that your application for Site Development Review (SDR 97-0006) is considered complete and has been accepted by the Planning Division. If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, Associate Planner, AICP is\curpin\wi11\sdr97-06.1t2 c: SDR 97-0006 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TCD (503) 634-2772 .7UL-16-1997 11 12 FROM SCONZO / HALLSTROM TO 15036847297 P.01/03 SCONZO / HALLSTROM ARCHITECTS 919-124TH AVENUE NE • SUITE 101 • BELLEVUE,WASHINGTON 98005 TEL: (425)4553203 • FAX: (425)455-9351 FAX TRANSMITTAL Date: 7/,e-OA'T (50,3) To: G Fax es'7 "TIC Rb Fax#: '&4- 7D Alien: W 1 L L b1 1rL Number of Pages Faxed, including this Page 3 Re: Ti C.tA tD t=•1_70-‘141 Comments: (2.) ALTE.R.NA 1v'E ' i_i P L A W I4 l C.A.4 i:=15 . N eeb ' vim Gaeire.0447 ■ . ,Veview ■ E-• .T. V.4 WANT Td 11: t1j , b 1 �T1o�-1 41GA-4 - U t - U L T N t-1 i--1 1L...,To i4o t:›E1... Y l rri 0 ALL7r Yot.)te, T1e t4'64l� 4b/5W-• 1 It N 47-05ZV t � lTr� J wv i `rbv �v4ICf1 1-• cow - -dr2L, V 1Pur4L.. L.Cf(e-7• \"44 140 #2-eZiNIT' ❑ FOR YOUR INFORMATION; L FOR APPROVAL.; ❑ FOR REVIEW AND COMMENT; ❑ AS REQUESTED; Copy To _From: jU V1S1OJ UFA1 ANC` - -JUL-16-1997 11: 13 FROM SCONZO / HALLSTROM TO 15036847297 P.02/03 '� - \ A 1 ill c c 'Se - PI 4\ / 3k/f .,,,I, .g. I^.■.. / \ 11 i / ‘cs> n 1 111 Ii 47.1 1 1 L____, "i >2( _____ __,.9. ../ ,,, cia I _ � t,iz)/ ',40 .JUL-16-1997 11:13 FROM SCONZO / HALLSTROM TO 15036847297 P.03/03 1 I .. A2i Cc,t,'c/% I i C , •. i -€)- -.._, a 1 6! U/ CI) II . 0 ik Q 1 Cl 1 `9 1 1 � I 8 ti._ . 4,\15%- i 1 c- 1 � _ II�Il�� 01 O . y __, _,, ___, i___ _G, > . -6 TOTAL P.03 JUL-23-1997 08:48 FROM SCONZO / HALLSTROM TO 15036847297 P.01/02 SCONZO / HALLSTROM ARCHITECTS 919-124TH AVENUE NE • SUITE 101 - BELLEVUE,WASHINGTON 98005 TEL: (425)455-3203 - FAX: (425)455-9351 FAX TRANSMITTAL Date: J 0141 ( o-3) To: Co ( OF TIC.r 2tD Fax#: 'G -7 Zct Atten: W L.L Number of Pages Faxed, including this Page 2. Re: Gtr-=.oTo` crE 1=1.. 74.4� Comments: ofd 1e. e-Vi fit_ .e'r fe TekT'E.t:::, 'Pi= 1=t.0>c . 4 To i° -0\/1 �� Est_icgir t,e.c22.-r 1 •t hl t . G 2� la ►-a ct.l, c,F2- 4 i= T't--etouT•i-t'. o v 7-141.+1 . ❑ FOR YOUR INFORMATION; ❑ FOR APPROVAL; FOR REVIEW AND COMMENT; ❑ AS REQUESTED; Copy To -"74442 �Tl7`r�!j LE.. From: fr .- JUL-23-1997 08 48 FROM SCONZO / HALLSTROM TO 150361347297 P.02/02 -1—> . 11 ' 0 k)1* R sf\ W 1 %. 4 s _a . 4 -/ . ' % 61- J 1■1 3 t I .14 c\i 1 till :A.s.. L-1. j 4" -, - : -)==_1/4-‘— • i c v4 al f n N CO K1 6 4. N 0 ID t N 147-al �,,, -4 0 -Ti •-•1 5 n ,,, x . (1 .§ X O f -6 } -I U 1 0 - :,..7-i '11 IT 41 ,,,Q N „ u.,„lik, .., ,,,,:-.-es' n Ie C i r; \ l; ,. 1(^� / . - 1 1 ; P'_ / y , r_ _ , ., „I off, c. , , , . , \, I c''r TOTAL P.02 ,.-97 FR I 09 :2-3- qM I-1 N FO 145 . ac CAR•TOYS, INC. 1833 Auburn Way North, Suite Q Auburn, Washington 98002 Phone (253) 735-8765 Fax (253) 735-8781 July 28, 1997 Mr. Will D'Andrea City of Tigard City Council 13125 Southwest Hall Boulevard Tigard, Oregon 97223 Re: Right of Way Vacation Dear Will: Car•Toys, Inc_ would like to put its application for the Right of Way Vacation on hold until further notice. We are in the process of obtaining city approval on alternative landscaping plans. These plans, if approved, will have an effect on our need for the right of way vacation. If you have any questions, please contact me at (253) 735-8765, Sincerely, .ccolo Vice President Business and Operational Development JP.1sm HRISTENSEN AUG 0 6 1997 NGIN EERING, INC. RECEI'IED PLANNERS, CIVIL ENGINEERS, AND SURVEYORS COMMUNITY UtvtWPMENT TRANSMITTAL TO: ,DAT� August 6, 1997 108 NO. 97-104.02 City of Tigard ATTENTION Will D'Andrea,Associate Planner 13125 SW Hall Blvd. RE: CAR TOYS-TIGARD Tigard,OR 97223 `, R- ''7-lyx6; WE ARE TRANSMITTING THE FOLLOWING BY: Mail x Messenger Other ::::n;v.:..::•.. ...............................I:4.:•.:I::::•:•:•:•:v}:,,......:..........:...:::NMIE:•X.{.;...}.:.:,:::::i. ,C..:. : •:::.•..•.5�#i3:.•.�{isiiiiii:i::::.i},'.;:.i:•ish:•i:•i:•is4:0:•i'^:4'•i:•i'•i:•i'•i:•i:•i:•:•i:•i:•iii•:n};:::::: :•::::L:4:•: 1. 17 sets-Development Review Application Submittal Letter and Plans AS INDICATED BELOW: x For approval _ For your use _ As requested _ For review and comment REMARKS: Please call if you have any questions. Thank You. CC: FILE SIGNED: BY: Ed Christensen 7150 SW Hampton Street,Suite 226 Portland,Oregon 97223 Phone(503)598-1866 Fax(503) 598-1868 .. Abeit .j JI I e - . • IF v.. : . I: : v C V _Air sw ....... Facsimile To: (TEPF P/CC 0) C,IZ TDYS /A/c- . Company: C(0 BYe+Her 1Ceal IC i _ c, . Phone: Fax: `Z53) -735 _ g 7e 7 From: Aft l<t_ 0/4-j�/Dk — Company: City of Tigard Phone: (503) 639-4171 Fax: (503) 684-7297 Date: 8 . 6, . 9 7 Paces including this page: COMMENTS: City of Tigard, 131=5 SW Hall Blvd..Tigard,OR 97223 ** PLEASE DELIVER THIS FAX IMMEDIATELY ** / tll k August 6, 1997 "` ' CITY OF TIGARD OREGON Mr. Jeff Piccalo Car Toys, Inc. do Brett ler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 Re: Application Status Dear Mr. Piccalo: On July 23, 1997, the City received a fax of a revised site plan for Car Toys. This site plan was made to remove proposed improvements from the public right-of-way. Revised plans were to be resubmitted during the week of July 29 - August 1, 1997. To date plans have not be received. The City had tentatively scheduled for a decision to have been made on August 7, 1997. Because plans have not been provided and the City must make provisions for allowing all appeals to be held within the required 120 days, the City is requesting that you either: 1) provide a letter waiving the 120 day rule; or 2) allow the City to consider your application incomplete to allow a recalculation of the 120 day rule upon receipt of your application. If revised plans are not submitted by August 13, 1997, the City shall review the original plans submitted with the application. The original plan will not meet the standards and must be denied. Reapplication is not allowed by Code for a period of one year. If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, Associate Planner, AICP is\cu rpIn\wi li\sd r97-06.1t3 c: SDR 97-0006 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 08/06/97 14:46 $503 684 7297 CITY OF TIGARD [j 001 **************************:E: *** ACTIVITY REPORT *** ******.61.....E.*****:E:**$1.... ::E:*:E: TRANSMISSION OK TX/RX NO. 2268 CONNECTION TEL 253 735 8781 CONNECTION ID START TIME 08/06 14:45 USAGE TIME 00'51 PAGES 2 RESULT OK 14 \2224.1312ZaLaBliaFYCELL5:VC'F Facsimile To: P/CGr9-�O; 7Ys /A/c • Company: Wo ere-Hi-e4- /ceaw -c. Phone: Fax: (253 735 - g 7 g From: vJi f D' J[- Company: City of Tigard Phone: (503) 6394171 Fax: (503) 684-7297 Date: 9 7 Panes including this page: — + COMMENTS: AUG-08-97 FRI 02 : 18 PM SHARP F0145 4 . CAR • TOYS INC . 57110401 P. 01 1833 Auburn Way North, Suite Q Auburn, Washington 98002 Phone (253) 735-8765 Fax (253) 735-8781 Facsimile Cover Sheet FROM: \le-c` � GGO to COMPANY: Car•Toys, Inc. PHONE: (253) 735-8717 FAX: (253) 735-8781 TO: V V ► l,l bi And r u COMPANY: C t t 0E PHONE: (. t)-5) D.) - L-{ l 1' FAX: C _ v J) _ L 2-51- NUMBER OF PAGES: (Including cover) RE: RUG--0y-97 FRI 0-' : 1P PM SHARP F0145 , 57110401 P. 02 CAR•TOYS, INC. 1833 Auburn Way North, Suite Q Auburn, Washington 98002 Phone (253) 735-8765; Fax (253) 735-8781 August 8, 1997 Mr. Will D'Andrea City of Tigard 13125 Southwest Hall Boulevard Tigard, Oregon 97223 Re: Car•Toys, Inc. Permit Process Dear Will: Thank you for your letter dated August 6, 1997 in which you gave Car•Toys two options in continuing its application process. In response to your letter, I would like to request the 120-day rule be extended an additional 30 days. Our understanding is that this 30-day extension will allow us the opportunity to fine-tune our plans and keep our application process on its present track. Please contact me at(253)735-8765 if you have any questions regarding our decision. Sincerely ccolo Vice President Business and Operational Development JP:lsm cc: Dan Brettler, President Marcel Desranleau, Architect RECEIVED PLANNING • CAR•TOYS, INC. 1833 Auburn Way North, Suite Q AUG 11 1997 Auburn, Washington 98002y OFTIGARD Phone (253) 735-8765; Fax (253) 735-8781 August 8, 1997 Mr. Will D'Andrea City of Tigard 13125 Southwest Hall Boulevard Tigard, Oregon 97223 Re: Tigard Permit Application Dear Will: Subsequent to our phone conversation regarding Cars Toys' building design meeting the design requirement for the City of Tigard, you indicated our present glazing on the building might not meet the city's design requirements. My understanding of these requirements is that 50% of the wall length should be some type of glazing. This would entail a tremendous amount of glazing considering the size of the walls facing Dartmouth and Highway 99. Car•Toys has attempted to meet these design requirements by adding triangle-type corner elements to two corners of the building and the storefront entrance. Our present design shows glazing on the lower half of these triangle elements on the building corners. One option would be to also add glazing on the upper half of the triangle element which we believe, would produce a very attractive streetscape presentation for the building. We are however, unclear if this additional glazing would be acceptable to the City and meet its requirements. As you know, we are feverishly trying to obtain our building permits and erect our facility in time to open for the holiday shopping season. Due to the time constraints we have encountered in our process, I would like to contribute our best efforts to reach a design acceptable to the City and avoid any further delay in our design review process. I am sure you and/or your staff members might have other suggestions in helping us meet all requirements of the City of Tigard and I would be more than willing to drive to your city and meet with you or another appropriate person to discuss potential revisions. If you have any additional questions or comments to assist me in this process, please contact me at (253) 735-8765. I appreciate all of the time and efforts you have put forth in assisting me during our review process and sincerely thank you for your consideration and efforts. Best regards // ,/,ed igff ccolo Vice President Business and Operational Development JP:lsm Proposai //vaV'Y'Qirve Z HRISTENSEN NGINEERING CONSULTING CIVIL ENGINEERS August 4, 1997 97-104.02 Mr. Will D'Andrea Associate Planner, AICP City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: DEVELOPMENT REVIEW APPLICATION RE-SUBMITTAL Dear Mr. D'Andrea: As representatives of the applicant, Jeff Piccolo of Car Toys, Inc.,we are revising our Submittal of the application(SDR 97-0006)for the proposed 5,500 square foot Car Toys retail building. The following items and plans are submitted for the continued processing of the application: 1. revised preliminary plans; and 2. supplemental narrative addressing the changes in our plans. If further information is needed,please contact our office as soon as possible. Sincerely, CHRISTENSEN ENGINEERING, INC. Ed Christensen President Copy to: Jeff Piccolo, Car Toys, Inc. • Fax: (253) 735-8781 Marcel Desranleau, Sconzo/Hallstrom • Fax: (206)455-9351 7150 S.W.Hampton Street Suite 226 Portland,Oregon 97223 Phone(503)598-1866 Fax(503)598-1868 T r s APPLICATION FOR SITE DEVELOPMENT REVIEW & VARIANCE TO STREET DESIGN STANDARDS FOR A GENERAL COMMERCIAL RETAIL STORE RE-SUBMITTED: 04 AUGUST 1997 CAR • Toys TIGARD APPLICANT: Car Toys Inc. Attn: Jeff Piccalo 307 Broad Street Seattle, WA 98121 Phone: (253) 443-0980 FACT SHEET Project Name: Car Toys Tigard Store Proposed Action(s): Site Development Review Tax Map: 1S1 36 CD Tax Lots: 1800 & 1900 Site Size: 0.44 acres, ±19,298 sf Address: 11700 SW Pacific Highway Zoning: General Commercial Owner: Brett ler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 Phone: (206) 443-0980 Applicant: Car Toys Inc. Attn: Jeff Piccalo 307 Broad Street Seattle, WA 98121 Phone: (253) 443-0980 Applicant's Representative/ Ed Christensen Planner/ Engineer: Christensen Engineering, Inc./Access Group, L.L.C. 7150 SW Hampton Street, Suite 226 Portland, OR 97223-8366 Phone:(503) 598-1866; Fax: (503) 598-1868 Architect: John Hallstrom/ Marcel Desranleau Sconzo / Hallstrom, Architects 919 124th Ave, NE Suite 101 Bellevue, WA 98005 Phone: (425) 455-3203; Fax (425) 455-9351 Page 2 I r Location: At the Southwest corner of Dartmouth Road and Pacific Highway. Applicable Code Criteria: Community Code Chapters 18.32, 18.62, 18.80, 18.84, 18.90, 18.96, 18.98, 18. 100, 18. 106, 18. 108, 18. 116, 18. 120, 18. 144, 18 . 150 , 18 . 164, 18._070 Page 3 GENERAL INFORMATION: A development approval request for Site Development Review approval to allow the construction of a commercial retail store and related public and private facilities. Background Information: The proposed development site is currently zoned General Commercial under the Tigard Comprehensive Plan. It is the site formerly owned by John Alexander, previously known as Alexander's Restaurant. The site is located within the area known as the Tigard triangle, bordered by Interstate Highway 99W to the north, Highway 217 to the west, and Interstate 5 to the east. The Triangle has been the focus of an ongoing planning effort by the City of Tigard over the past five years due to its regional significance. The population base within a 10-mile radius is over 650,000, and is rapidly increasing. Recently, a street spacing standard in response to the new Metro 2040 Functional Plan was adopted by the City Council. The applicant's proposal contains many of the concepts contained in the street spacing standard and functional plan. However, the applicant also must request a variance to the "Tigard Triangle Design Standards" (TDS) due to the difficulty in achieving 50% building coverage on this challenging, triangularly shaped parcel due to its size and configuration. Vicinity Information: This project will access SW Dartmouth Street, which runs adjacent to the western property line of the site. Highway 99 borders the northern boundary. The south side of the property is fronted by a 16.5 foot right-of-way. To the west of the site is an ODOT access road to which this development will utilize. Dartmouth Road adjacent to this site is partially improved. A dedication of approximately 12 feet will be required by this project in order to complete the Dartmouth Road improvements. In addition, a landscaping concept has been developed for the Dartmouth street scape in conjunction with the previous Tigard Triangle Planning effort. Page 4 Site Information: The proposed development site has been a restaurant for many years. Recently, the restaurant was closed and the building is empty. The site will be cleared of all existing structures prior to site development. Proposal Description: The applicant is proposing a commercial build-out scenario for the site. A 5,500 square foot retail building will be constructed on the site for the sale and installation of car accessory equipment. Two installation bays located on the west side of the building will be used to install the equipment purchased at the store. Access to the site was thought to have been suitable from connecting a driveway connector to the upper Costco Driveway. This access point is too steep to be effectively utilized. Access is, therefore, requested directly to Dartmouth Road, north of the Costco right-in/right-out driveway. Access at this point will also be via a right-in/right-out driveway. A second access exists at the western end of the site via the ODOT controlled frontage road. ODOT was contacted in respect to utilizing both of these access points, and they did not have any objection to their use. The site topography slopes down steeply from an elevation of 222 feet at the most westerly corner of the site to an elevation of 210 at the southeastern end of the site; an average overall east-west drop of 5%. Due to the substantial slope, both alternatives will necessitate extensive topographic reconfiguration. As a consequence of the natural topography and the severe slope access restrictions associated with the Americans with Disabilities Act (ADA) and the city pedestrian requirements, an extensive amount of on-site grading is proposed in order to meet the goals of a pedestrian friendly complex. In addition, all of the trees will be removed from the site. Page 5 II: PROCEDURES FOR DECISION MAKING 18.32: QUASI-JUDICIAL DECISION MAKING The applicant is submitting a proposal in complete compliance with the relevant code and Comprehensive Plan requirements as of May 27, 1997. Included in the application is all the information requested on the application form, along with a narrative addressing the appropriate criteria in sufficient detail for review and action; the required fees; and a list of all persons who are surrounding the property as well as other affected parties. The proposed retail center is consistent with the underlying zoning requirements and all relevant City ordinances and standards. The applicant requests that all proceedings be compiled into a single action in accordance with section 18.32.100. Page 6 III: ZONING DISTRICT CLASSIFICATIONS - & REQUIREMENTS 18.62: C-G GENERAL COMMERCIAL DISTRICT The purpose of the General Commercial Land Use designation is to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, or wholesale services. The uses permitted range from automobile repair and services, supply and equipment stores, vehicle sales, and drive-in restaurants to laundry establishments; and it is intended that these uses be adjacent to arterial or major collector streets. The applicant is proposing to develop the site with several of the commercial uses permitted outright under section 81.623.030 A2. The applicant does not anticipate the development either of any civic use types permitted under section 81.623.030 Al, or any Conditional uses permitted under section 18.62.040 Al-8 18.62.050: DIMENSIONAL REQUIREMENTS The proposed development site will comply with the dimensional requirements as laid out in section 18.62.050 specifically: a) A 0-foot setback will be placed along all sides of the project. Specifically, no front, rear, or side-yard setbacks are required under this or adjacent zonings as specified under section 18.100-102. b) This building will not exceed 45 feet in height excepting towers which may be up to 50 feet in height. A building elevation is provided herein. Page 7 c) "No more than 85% of the site will be covered with impervious surface" including all buildings, parking, and site access. In actuality, as planned, this site exceeds the minimum 15% landscape open area, but a portion of the hardscape is counted as plaza area, an allowable landscape alternative per the TDS. There are numerous additional requirements related to the proposed development which will be detailed in the following narrative. Page 8 IV: SUPPLEMENTAL PROVISIONS 18.96: ADDITIONAL YARD REQUIREMENTS Section 18.96.020 identifies specific, named streets where additional setbacks from centerline are required to permit better light, air, and vision clearance to be attained. The additional setback requirement along SW Dartmouth is 47 feet, and 140 to 170 feet or more along SW Pacific Highway. The Site Plan submitted identifies those setback requirements as being met. A dedication of 12 feet will be required along Dartmouth Road and no dedication will be required along SW Pacific Highway. 18.98: BUILDING HEIGHT LIMITATIONS: EXCEPTIONS The applicant acknowledges that portions of the proposed development may exceed the permitted 45 feet in elevation providing that the proposed structure is not within 75 feet of a residential zoning district, the total floor area of the site does not exceed 50% of the site area, and that towers will not exceed a height of 75 feet. All roof top equipment will be screened as required by the TDS. 18.100: LANDSCAPING & SCREENING Sections 18.100.80& .130 do not require a vegetative buffer be placed on property zoned C-G when directly adjacent to a non-residentially zoned property. Section 18.84 provides more substantive details of the proposed landscape plan. All interior islands and pad remnants as well as the entirety of the site's boundary, will be intensively landscaped. The size, species, and distribution of the landscaping for both proposals has been identified on the attached Landscape Plans. Additionally, the landscape plan indicates the planting of larger than 2-inch caliper trees. The applicant proposes that all trees planted in excess of 2-inch caliper be included for the mitigation totals for the site as allowed by ORD No. 97-02. This procedure of planting larger trees will give the project Page 9 a feel of being a more mature center, less parking lot antiseptic. Because there are far more diameter inches to be mitigated than can reasonably be placed on this site, the applicant proposes paying a fee-in-lieu for the diameter inches not mitigated. The caliper of mitigable trees are measured at 6" above the root stem. 18.102: VISUAL CLEARANCE AREAS Not applicable due to TDS overlay. 18.106: OFF-STREET PARKING & LOADING REQUIREMENTS The Site Plan submitted provides for substantially more parking spaces than required by the Code. The number of parking spaces created is necessary to attract the type of client for which this site is most suited. This plan provides for 5.2 spaces per 1,000 square feet of building. The proposed general parking stalls are 9 x 18 feet, but there are a few proposed compact spaces. In accordance with Americans with Disabilities Act (ADA), 2 disabled spaces have been provided at the most accessible areas and more than meet the minimum ratio of handicapped to standard spaces required by code. General Parking: The applicant is proposing to construct public parking at a ratio as previously stated. This more than meets the minimum requirements of 1 space per 400 square feet. The applicant is not proposing to construct many compact parking spaces at this time. However, the applicant understands that up to 25% of the proposed parking may consist of compact stalls. Disabled Parking:Aggregate parking areas proposed by the applicant will contain at least the minimum number of disabled parking spaces as mandated by the Americans with Disabilities Act. Bicycle Parking: Lockable bicycle racks shall be located in areas protected from automobile traffic and in convenient locations within 50 feet of the entrances of the proposed general retail stores. One bicycle space or facility will be Page 10 provided for every 15-fifteen vehicular parking spaces identified. Specifically, a total of 2 bicycle spaces will be provided on-site. Long Term Parking: Five percent of all parking will be reserved for car pool&van pool parking and will be located second only to bicycle parking and handicapped spaces in the preferential location of the reserved spaces. A total of 1 preferential parking space will be provided. The parking lot will be landscaped in accordance with the requirements of Chapter 18.100. Loading: It is anticipated that the owners will load through their front doors. 18.108: ACCESS EGRESS & CIRCULATION The proposed development has two ingress points from the public streets onto the site. The two driveways are located on SW Dartmouth Road and the ODOT frontage road. The SW Dartmouth Road driveway will be limited to right- in/right-out movements. Pedestrian Access: The proposed development will be provide convenient pedestrian connections between buildings and the street system to meeting ADA access requirements. The sidewalk along SW pacific Highway will be extended through the site. The proposed walkways will be physically separated from the vehicular parking except where pedestrian crossings at driveways are necessary. Many of the relevant portions of the code that will play a major role in the design and development of this project have only recently come into effect. Substantial changes to the code are to be found in Transportation chapter of the Comprehensive Plan, Chapter 18.106(Parking&Loading), Chapter 18.108 (Access, Egress & Circulation), Chapter 18.164 (Street & Utility improvement Standards). 18.114: SIGNS The applicant shall ensure that any signs related to the general construction of the proposed development shall comply with the relevant standards of this chapter as they are applicable. Page 11 V: SITE DEVELOPMENT REVIEW 18.120: SITE DEVELOPMENT REVIEW The intent of the Site Development Review is to implement the City of Tigard's Comprehensive Plan, and other approved standards in the City's code,to enhance the natural and man-made environment and to maintain and improve the qualities of and the relationships between individual buildings, structures and physical developments which best contribute to the area. In compliance with this chapters' provisions, the applicant has held numerous meetings with staff in addition to the original pre-app conference on November 12th, 1996. 18.120.090: APPLICATION SUBMISSION REQUIREMENTS 18 complete sets of the application shall be submitted as requested by staff in the pre-app conference, and shall include: a complete narrative citing compliance with the relevant porions of the Tigard Comprehensive Plan, The Community Development Code, and all other applicable regulations; a complete set of plans including, On-site Analysis, a Site plan, a Grading Plan, a Utilities and Drainage Plan, a Landscape Plan, a Detail Plan, and a Tree Survey Plan. No sign Plans are being submitted at this time as none have yet been confirmed; a fee for $1,600; a list of all names and addresses of persons who own property within 250 feet of the site, and an affidavit of mailing to the adjacent landowners notifying them of an opportunity to review this proposal. 18.120.180: APPROVAL STANDARDS Provisions for all Chapters 18.84 through 18.164 cited in this section are noted, and their relevant sections addressed throughout this narrative. Page 12 VII: DEVELOPMENT& ADMINISTRATION 18.134.050: CRITERIA FOR GRANTING A VARIANCE STREET DESIGN STANDARD VARIANCE TO THE "50% BUILDING PLACEMENT ALONG MAJOR AND MINOR ARTERIALS" A. The Director shall approve,approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the comprehensive plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; RESPONSE: The TDS recognized that variances to the Design Standards would occur as set forth in Section 18.070(B). "Site Design Standards. All development must meet the following site design standards...variance to these standards may be granted if the criteria found in Section 18.134.050 is satisfied". Therefore, this request is applicable to the policies and standards for this zoning district. 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; RESPONSE: The site configuration, topography, and proposed access locations dictate the location and design of this building. Though the building Page 13 touches both the Dartmouth and Pacific Highway right-of-ways, the building quickly diverges from those right-of-ways. Numerous building siting options were assessed for this parcel. These alternatives were awkward in their appearance constituting a significant amount of additional grading while pushing the building into the ground because of driveway access constraints combined with ADA accessibility restrictions. This requirement would be counter productive to the intent of the TDS which is to provide flexible alternatives_for siting constraints within the Tigard Triangle. 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; RESPONSE: No change in allowable use is requested and the remaining TDS and City standards will be maintained. 4. Existing physical and natural systems, such as, but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; and RESPONSE: No existing physical and natural systems will be affected by this request. 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Page 14 RESPONSE: The vertical and horizontal shape of • this site was a hardship that existed prior to this proposal and is not self- imposed. 18.144: ACCESSORY STRUCTURES The applicant, is not identifying any accessory structures on the proposed plan. Any such structures will comply with the criteria laid down under 18.144.070. The location of dumpsters, mailboxes, and a lighting plan will be submitted with the Final Construction plans and upon further discussions with the City. 18.150: TREE REMOVAL A tree removal and replacement plan has been prepared by the landscape architect He noted that the grading requirements on this site required the removal of all trees. In accordance with the tree removal requirements, the applicant has specified on the removal plan the number, type, and diameter inches of trees to be removed on the "Existing Condition & Tree Survey" plan. It is intended that all non-exempt trees will be mitigated on-site as indicated on the "Landscape & Tree Mitigation" plan. All trees planted in with diameters in excess of 2-inch caliper will receive credits for mitigation above the 2-inch planting requirement. This credit will allow mitigation on-site and give the new center a more mature appearance. Page 15 VIII: LAND DIVISION & DEVELOPMENT STANDARDS 18.162: LAND DIVISION - MAJOR & MINOR LAND PARTITIONING - LOT LINE ADJUSTMENT The owners will be retaining the sole ownership of the site through the duration of this application. A street vacation is being requested in a separate application for the 16.5 foot strip of right-of-way bordering the southern boundary of this site. This property will become a part of this site when vacated. A reciprocal public ingress and egress access will be provided through this site from the ODOT frontage road to Dartmouth Road by means of the proposed driveway, which will be recorded on the deed. 18.164: STREET & UTILITY IMPROVEMENT STANDARDS Streets: SW Dartmouth has been partially improved in front of this site and must be widened to adequately handle the proposed developments in the area. The right-of-way of SW Dartmouth will be fully dedicated to 47 feet and improved to meet the TDS roadway section for Dartmouth Road. Sanitary Sewer: Sanitary sewer service is currently provided by an existing trunk line that follows Red Rock Creek to the west of the site. Service to the site currently is provided by means of the service laterals as shown on the grading and utility plan. Surface Water Run-Off: The site plan, as proposed, will reduce the amount of impervious area on this site due to the additional landscaping provided. Therefore, no mitigation of storm water run-off is required. DOMESTIC WATER & FIRE FLOW: Adequate domestic water and fire flow is provided to the site SW Dartmouth Road. No off-site improvements will be required to service the needs of project. Page 16 TIGARD TRIANGLE STREET PLAN DESIGN STANDARDS SECTION 18._070 DESIGN STANDARDS The Car Toys site is located on the southwest corner of Dartmouth and Highway 99, within an area known as the Tigard Triangle. As such, this project is required to meet the minimum design criteria as defined by the City of Tigard, Ordinance No. 97-2. The Tigard Triangle street plan design standards set a minimum criteria for projects developing within the Tigard Triangle. As adopted, if standards within the development codes conflict with the street design standards, standards found in this section shall govern. A. Street Connectivity. Response. Projects within the Tigard Triangle must meet either the design option or performance option. In this case Car Toys wishes to implement the design option as their standard requirement. 1. Design Option. Response. The Car Toys site is triangular in shape with approximately 245 feet of frontage on Dartmouth Street. The design option requires that local street spacing provided at intervals of no more than 660 feet, and pedestrian and bike connections on public use must be provided at intervals of no more than 330 feet. Since this project street frontage Page 17 on Dartmouth is less than the requirement for either one of these criteria, this section does not apply to this project. 2. Performance Option. Response. Not applicable. B. Site Design Standards. 1. Building placement on Major and Minor Arterials and the Street. Response. This parcel is triangular in shape with two very long street frontage legs. Because of the triangular parcel shape and existing access constraints, the building is set skewed to both the Dartmouth and Highway 99 right-of-way. Though the building touches both right-of-ways, the building quickly diverges from both right-of-ways at a skewed angle to the adjoining right-of-ways. Because the criteria found in this site design standards is not met, a variance as required under the criteria found in Section 18.134.050 has been requested and is contained herein. Page 18 2. Building setback. Response. The building has a zero(0)- to ten(10)- foot setback to both Dartmouth and Highway 99. This criteria is met. 3. Front yard setback design. Response. This project is improving the sidewalk along the frontage on Highway 99 and Dartmouth Road. A sidewalk shall be constructed from the sidewalk on Dartmouth Road to the front of the building. Landscaping shall be provided to an L-1 Standard adjacent to Dartmouth. An additional pedestrian access has not been provided off of Highway 99 because of the size, shape, and topographic constraints within this parcel. Due to these constraints, it is believed that the pedestrian connection element of this standard can be wholly met with one pedestrian access way. Therefore, this standard has been met. 4. Walkway connection to building entrances. Response. A walkway has been provided between Dartmouth and the entrance of the building which is Page 19 at least six (6) feet wide, with scored concrete. Therefore, this criteria has been met. 5. Parking location and landscape design. Response. The parking for this project has been located to the side of the parcel furthest from the intersection. Less than 50 percent of the street frontage on either leg of the project will contain parking. Landscaping along both Highway 99 and Dartmouth will contain the L-1 Landscaping Standard. This section has been complied with. C. Building Design Standards. 1. Ground floor windows. Response. Over 50 percent of the street facing element within the Building Setback(0-10 feet)along the public streets have over 50 percent of the ground floor wall area containing windows. All of this glazing is provided on the corner of the building facing the Dartmouth-Highway 99 intersection, as allowed under this section. The corner of the building with a zero (0) setback to Pacific Highway Page 20 does not have any windows because this is the Car Toys storage area and placing windows in this location would constrain their stocking room and pose a security problem. It was felt that the additional glazing placed at the corner of the building facing Dartmouth and Highway 99 would pose a much more attractive element for one of the portals to the Tigard Triangle. This criteria has been met. 2. Building facades. Response. The Car Toys building has a number of facades with many variations in the building material no side of the building extends for more than 50 feet without providing at least a variation in building materials, building offsets or other features. Additionally, this building is less than 90 feet in length on each side and, therefore, does not require an additional pedestrian connection. The criteria for this section have been met. Page 21 3. Weather protection. Response. A canopy for the pedestrians is provided at the building entrance. The criteria for this section has been met. 4. Building materials. Response. Plain concrete block, plain concrete, corrugated metal, plywood will not be used as a finish on this project on this project. The finish material for this project is mainly a Drivet style stucco. Additional copings, space frames, and glazing is provided in a pleasant combination for an overall pleasing look to the exterior of this structure. The criteria for this section have been exceeded. 5. Roofs and roof lines. Response. This building's entrance feature, roofs and roof lines are an extension to primary materials and present pleasant and harmonious integration of these styles of building materials. No false fronts or false roofs will be constructed with this building. The criteria of this section have been met. Page 22 Roof mounted equipment. Response. All roof-mounted equipment will be screened from view from the adjacent public streets. All satellite dishes and other communication equipment will be set back or positioned on the roof so that exposure from adjacent public streets is minimized. No solar panels will be installed with this building . The criteria for this section has been met. D. Signs. 1. Zoning district regulations. Response. All signs for this project shall comply with the non-residential development standards as discussed for the C-G Zone and shall meet the sign requirements for the commercial zone as identified in Section 18.114.130C of the Community Development Code. The elements of this section have been met. Page 23 2 Sin area limits. Response T CO iU he sign area limit exceed n,ry Development s as identified in the d Code all " No shall requested, The e area increase fors not be criteria for this section �gns will be 3 Hei has been Hier. hr limits. Response The w No signs shall be the wall i signs of the be taller than ten(10)feet. he goof line N building do not exte , requested.the r The o height nd above criteria f increase for si n for this section has g s is 4. Si n location. been met, Response. Within Free standing signs se the L�l landscape shall not be Placed has been met The criteria for this E. Entry Portals. I. Location. ' This Response r . of spouse Highway ect is located at designated 99 and Dartmou the intersection entrypo th therefore Page 24 Hal. Triangular shape It is a Pes have been incorporated into the building design, therefore, the criteria of this section has been met. 2. Design. Response. The design of the glazing facing the intersection of Dartmouth and Highway 99 has been formed in a triangular shape as well as the building facades. In addition, a triangular space frame shall be provided on top of the building. Neither of these elements is massive or overwhelming and relate to both the pedestrian and automobile scale at this entry portal. The triangular motif incorporated into the design of this building at this entry portal identifies with the spirit of this section and therefore, complies with this section. F. Landscaping and Screening. 1. L-1 Low Screen. Response. A landscaping plan has been attached which complies with the L-1 Low Screen elements as contained in this section. It is understood that any tree planted in excess of two(2) inch in calipers shall Page 25 be eligible for full mitigation credit. The landscaping elements requiring compliance within this section have been met. 2. L-2 General Landscaping. Response. A landscaping plan for the on-site general landscaping has been provided which meets the planting standards as identified in Chapter 18.100 Landscaping and Screening of the Community Development Code. It is understood that any tree planted in excess of a two (2) inch caliper shall be eligible for full mitigation credit. The landscaping elements attached herein comply with this section and therefore, the criteria of this component of these standards have been met. G. Street and Access way Standards. Response. This section, because it does not require any public streets or access ways, is not applicable. Page 26 - ADDITIONAL ZONAL - RE UjRE� ANALYSIS EIS' AND Pro °rtio nalit This Anal sis site has infrastructure been analyzed in tore required for relation to the on adjacent services or its construction v amount of the off-site For this versus its impact required construction casts analysis we have calculated Traffic by the city and by for various improvements ed fri Impact y this development. er ou will be$I 3 Pee(TIP)analysis, ed fee per 's r the required fee for , Portion ,08. The owner T of of one lane°f of this project rnus TIP's .±$17,500.ti Dartmouth wide Given h Roa at this n a Road almost twice that the project • time at a cost that the value of their is required to improve this project Projected • satisfies impact improvements c r es its proportional s we believe elation to its impacts• are of the public No other impacts whi detrimental effect ch would have identified an adverse or °n the Aublic improvements were Page 27 Neighborhood Meeting A neighborhood meeting was held April 9, 1997. No one showed. Page 28 ,_ • _. n > x I 0 1e 16, 0 d (-) _, -i -< v, W X C lairi m o D r- p a n O Z z z � � 11 � p m OO/VI 1 KU > v, o b ( my nom .libikC,,, ci CI WI g CI) O VI X CeD Q I R r CAR TOYS tCITY OF TIGARD CAR u TOYS, TIGAR& LLLH RISTENSEN 307 BROAD STREET. 0[Mln M a cwwwn Ocn/m.rt.r,Pt* n ,o- NGINEERINO,INC. SEATTLE, WA 98121 u1»s. hu oo.nnam.iwwu OAMGO.i LW) ru7HU1.<m weO.mo.AND rvwnrOfl TEL: (209) 443-0980 } \ (003)•1_.77 (oo:(�)x._1397 J TITLE SHEET, ..---°..--: � 7 eKKe K K., g i i 44. \* ig I 11 'r \i Z flg GRAPHIC SCALE s li .11•010 OM ��� ew � Y. I .. x i • • • • • 0111.11011 fts0 I 4 I. r Iii Oa Kt • • . . ..„*. \ '' ,% °'.�..�,, / BURGERVILLE �.`O.y •• j R C� "Go �-n n j k� \ TL 1700 •V• . ` '.' a a. 11 \ e. - 1i ! Mr � T. CO CO . . 1 71 = F 11 SITE DATA: 11 1 " 11 � 3 y % 4 ', 11 -. - • Gel.SG,W(W$0 a.o-a 022402424 :laa.... (O.N rem/ ,a 1` 1—r m,mop ua M4 M a-o-.O( .31 5 1 `� f!. 1 lg MK M au(++v a.a-•0101°NI°Ilk Man Ir..(0 u APES) %,l 1 a! I am.woman MIA CO lagl OOSS S.r. ` ` F . 11 .00.0120 IM0$CM Mt* 3.111 ar.(17.1a) • t1 11 I MING 9R M.rwwa MXM MAO V.(100 a 7 WC) 1a 11 Obi •so 1 .aL�aal - ter--_.^+ ';T- •- NIOIOSCD Sin VMMOI0 MR •$. L.(tl.$S 0�LI[) 1 ( 1 r r I.. ����•�-_.ii-��-•,.;r,.L.•r. .� '�.� 1S, •°1020$00 a.T)S.Y. ■ d 1 1 b M i-H=_i .A—n—i u n=L 11=u=11-11=11= e.a savor nwsa sera: 1 a 1 F C " »uua 1 nn CO COACT Name/MIA 2 UNIX h _ 1�' M0.°r rMexxrm 75240 VOLE 1 STALLS 1 • 't+ 11 r .n T l urlr�iem swam (082 ea O rrM°VOL b MALI \ / r oar= reel°MOO I S.°MCI KO 1000 Sr. 1 i, I 1 / \ SECTION A-A \ L l oo N SUBMITTED: 05127/97 9 RE VIS 08/05/97 E-1 y< O�of m °(z $ U "yof wen 2 7 ` 1 • + • 10 1 [ hq . \f. .. . • • --- -\_,_ t ' --- ,-\.._--,.____ ,f' 1 t1r; \ , s , ,f l+. \ '�_ t (1�, r. ` �.� �` \may ` f 1 •kt, 444\ ,}11A::•"' '' k `\ '----." \,. 1 • _ 16- \ . 4040.:' ‘‘'.,. ►.--P 1 1,(il,‘,L1 i_____,..... ; :\ ''i ../..... -s, -rk s....____:lr7 _. s r a;„ . P5V i ..____ ...... ^,v i tri I t ,i g w iii o `' i ! CAR TOYS CITY OF TIGARD CAR TOYS, TIGARD 307 BROAD STREET. a,.,,,,KM Of pyywry,M,,,•,�,,,,.,,,,•.,�WA. H OINEE JNO NOINBPRINO.INC. SEATTLE, WA'98121 u1»t+.wu,ouaww.num moos a». [1.1.416011.ava ��.to 0M TEL (208) 443-0980 wnc 1w31 .-., , (sw)w,i»r `PREL1M1NARY GRADING PLAN a wAO.��r.m �rm-n. tsrtstartti • I ii 1 di si '\`• I . % i ( I it .% . \19(�, i1i1 \ �o I i'\ ii / 1 I � � s�, ri h. fr"---i . -- i V'40°.% Ii I 1 w <�0 . �,0'' g ' ............. 000-0„......- --- _ lid F r 3 s trii 0 J CAR . TOYS 9 (CITY OF TIGARD CAR TOYS, TIGARDRISTBNSEN 307 BROAD STREET. .. .co w cowwrr mamma•.n�...c oMw NOINEERINO.INC. SEATTLE. MA 98121 .ms sa MOLL wunw.TWO anco.a=u ` PRELIMINARY v�Y N M+wonr ans vwNOn un w��°° TEL: (208) 443-0980 ROC.(x29)bL-4171 OA:(MOs)w.-7297 ` 1g1�f°"��'°'"m"4�°'� 1a1•11Mr.•sal ., . .- -. iii \:\ 01 . \•\ ........._s. , „...„, \ • :0•9.,,,..r. ---..\ -.\ \ t. \ St, \ a 11" • Z . ..4 '. .\- 1 1,,, ''..) N. A 1'11111 C) --1 -,. .. \ r\ - \\ m ›--' co ---- M r- ‘' I., —.... v •-• - * \ `. ! -Is"II, 's, \\,. , ..--...„ N. —.....•,.... S. ., S.._,..... 1' ithi. * % S. ... \ '' \ \ i 11. \ \t„..,... , \ ...........,. ' 1/ i ..■. s. i 'S. • . { .... .. 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TOYS [CITY OF TIGARD 307 BROAD STREET. OCIARDADR CS CCOMAISTS SIVIELOPRINT.PUMMINO MIRO ( SEATTLE. WA 98121 TEL: (206) 443-0980 131/5 SAE WU ROUU-VOAD.RCARO MOON 1.7223• PRONE:(.50.9 09-4171 RAC MMUS-729? )[CA11. TOYS TIGARI) TOYS, HRISTENSEN NOINEERING,INC. PUNNW.MIL IRGLNISLI.AND SURVIVORS . EXIMNO CONDITIONS A TREE SURVEY tu Relnel awn ans/A FINUMX 0102M1 mg RN IIIISHOS MI MISS. t .►I r i l' L 1. .i! I.oN cli Y off Nx CA �m Irca I 1--Ala 11171. t•Iri M s •1.1(..C.) 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EI.EVATIO•- :u.•►,NV..'O arrS.W r.& ewe woce. —t.... .+wed"?- • • Ai01 ■ r�a,..w ,w... :PPP Xi all 14 0 op W3J YJ ba or 3imi omens.7.1 LE LE F 1=. r Z Iremor •J•r,K s s/ id/ /.iii s • a 1,145 • IS .a;s, r 9# • 04 14'4 + W /mod • 9 /.C•i a /•iy 9I9 w/ WP! 909 9M 909 909 9I9 9 9 Q X/4,9 /AD,S I.0,0 /.v.9 CV2A+ c3. 7.7 V;DNU au\�7U. /•rr .444.4ou CCM Q70100 ci r7v 7277 JUf�7d S, L'ovi~Iwo / /wrrvf+/,'oy4aw ava+w•v/•'K•td .iO1!•a•95,-•4'0A.rl,r.r,-04 fftt •o/i,AP", astvinv 04.0,0 ar.2tir Prk3r►/�.9P�;:{otn Imp/.000.0,0 ,cown4 ow" /!.4.pow tydpr.4wl.C•rwl..'—.41 • /, .«,d 0 ns r,.ry.`vs.+wo7/ .7■70»,107 SE I/ ^� 4 W I/4 SECTION 36 T IS RI W W.M. . .H.DLG \ ..._W :Abt1INt..11UN C.0 N f Y NEGUN 5 ALt 1'= 1 U U .,rIAL POINT a)> SEE MAP I I 36C A Q :IENDLY ACRES �(�Q .WURZ i. NECOR. S89°48•E STREET 4,1+X C.M,�F%+�' NW COR. PFAEFLE C.R. 9�5 . T •• °+• -70982 HAMMER 84_40697 1 196.10 476.1 200 W.I 40 1Ac. 116.2 152.16 gp W. 101 102 34 Ac. 1002 300 200 =v .69Ac. .33Ac. eo • I Ac 300 AI 200 AI N 102 Al o 101 AI ti `.•Z 9 M 2A r N -- - N ° �� �'° 150 0 .. ° . m m m ,� '^ m �J'r o ; �� �� .88 Ac. a N '`) N N I Q� \ of D, `�,� �4 I 100 m 100 .9 s55 �`` \$���``'in 47 Ac. G �� C _ N 12.46 108.03 N w 100AI • N• 130.03 iv a (N 1 6 0 0 1 o C.S. 25,446) ° 1 5 2.1 6 io m x p0 .45 Ac. O °1 .96' 121.08 31.08 j N �' 116.2 ----.4) 1300 a „ Al NI a d"5' 4. o D N .3/Ac N N ° h. a y O•J cp A9 F1300 AI Z 17 00 s N° 1601 m % - a2.Il31 V" ", t256 .B5Ac. • ° �. 9/Ac. 16 42.03 a Cr S� �O �0 1100 I� - �° cb a 72 Ac. I N 3`ap ��� ij� 0 W� 1-° �� 1800 °m s. a W W mI A ./7Ac. '° 7� / .o N 1• m ' 0 a "I �e 1900 6. sy �' 51 J /9�' O J it 3 t, °� v t� P I 09' S89°22•E r SE COR / ,1 in`` �y��� 24 0 56.74' 218/I50 9 268/53 S / 9A ` `� 0490/ r : , . 2 6 .2b 12 3.85 1 3 8.1 �F� /� CJ 5A/I . 266.42 N8502 2,30,w F,�S� ��•6� �+♦ e�•�y 'y • 1 1 1 S E C OR . 5 4 5.5 / Q � �.6 2200 1 I 1111- I DoselNs /2.90AC. 1 EASEMENT 94- 2000 71,7 0 I L 03528 1 6-45.4c. _ ��xx _ r ;11 f',. \i I 2004 �I N e�‘ C �. .�. „o I`O so � .3/Ac. 5�o0eePF .- ` a• 20871 ik _ _1 -• _208.71 cn __ N - _ 3q 4_8 I � - - ` 542 tn w co co cn m n A 1 SI- LLl '� L NN W N (C.S. 24,389) F. a I , (C.S. 24,973) V a (C.S. 25,160) 1D \ o m O U,:r t -344.8_ 2 z 0i 1 v - -- - m 0 1ml III co �'° W `v O r X11 1 z 4.,x,3 P Q 1 A I. t.."z I M O 3. 13.88 U1 ,, m y F Y m o 21 Q ` D h O `� � 1y, -4 ha. W Z - \ LL, W i. N 4 I s W 5 cr 0 1 ^1�.3 o j o m Q LL 3 4 4 8 3 o�O. Q N ° 01 J 0_ `Z a, / i 15.8: 3 ��' 16.21 ^ L�J m z 21 g 1 �6. y co �,. 4400 ° e3 �� 70 AC. 5- _ w: R; N I W PT. TRACT 3�3o'.s6' , inn 2 , MAY-28-97 WED 11 :34 AM SHARP F0145 57110401 P. 03 FROM : CAR*TOYS PHONE NO. : 206 4412742 May. 29 1997 12.20PM P4 MNY-2U--597 WBa 11 ;68 An 5m4RP F0243 r116901 P. 04 MW-28'- '37 10.49 CkR1STEria.V Et.K✓ViK1NO P. use any VAAZANG .CeNberTCHAI.USE,tIC/4S1TW 1-:sNOS.OR OTeft LAM"UOL ACTIO■19 to be considered as earl of thlt appIt stlon: •. .tom ✓ C • . - • APPLICANT'S: to caealdet tin eaailcatien c replete.you will need to submit Att. of the RIMUMELNISMCCALMEMISTIM ee yet;ri4e6 en ow mess(tl+u e •fUndiciet In Ow"Required SubmRiar Elements'box. .pehrisd Subrniemi Raquirertlent Isgarntaben sheets 016 be obtelled.Upon moue*for a types of lend Use AsolEat.onz) • APPS.UCAI'Tts)$$ALL Cr rTlFY THAT: • • Itts.abeedi-Mile11140113 net_ p�neemi. it the appGatlon is f*ed.the•pp�rtt Ilr11 exercise the right;granted Ia xtntttatue wt'tI efts Corm and WWeIA tt7 the conditions Sid a s of the approval. Al or the arxanv abskesrtnfs and tie tatrr t it fsplot pe asae�o n,in a tga n m Usd:d s try tww, and the eotk Attts$0 acknowledge that any any such stztements are hare. t}te apFO[ant ha.!rest ltM vanes contents of re sppn*ion,inch i4 irie Pork+ c sr trtlen-l.and tnderatlnde the reguitenwite her appre%+tnp at denying the ept:ioafan- 3KINATUFtba or Nish owner oohs Euhiete Mrep4tgt. dal of iS ; at:Ywtlet"e r,•t► OWMtra bignature ver • >weer*Signature Own s$9MbJte 2 IOT4. P.S7 4 MAY-28-97 WED 11 :35 AM SHARP F0145 57110401 P. 04 FRQI : CAR*TOYS PHONE ND. 206 4412742 May. 28 199? 12:19PM P2 . .. � . ..�.. ♦ a ate• ••.• .�..nn� rV�r.! ?. 11.40101 P_ 02 May 28, 1997 City of Tigard 13125 Southwest Hail Boulevard Tigard.Oregon 91223 left Piccolo, Vice President of Business Development,Car.Toys, Inc.,is an authorized agent for Brettler Real%tate,Ir:e Brettler -t_. •: f OF Dan Stealer,president 2 PRELIMINARY ESTIMATE OF QUANTITIES FOR CAR TOYS,TIGARD DATE: 5/28/97 BY: E.A. DESCRIPTION COST DARTMOUTH&PACIFIC HWY. RD. IMPROVEMENTS $22,677.85 BUILDING,EARTHWORK,C46&STREETS $400,209.50 SANITARY SEWER $1,000.00 STORM DRAINAGE $800.00 WATER SYSTEM $1,600.00 HARD COST SUBTOTAL= $426,287.35 15%CONTINGENCY = $63,943.10 PROJECT TOTAL= $490,230.45 FOR HARD COSTS USE= $486,000.00 NOTE: These costs are based upon preliminary plans and are subject to change depending upon final approved construction documents and seasonal variations in construction techniques. DARTMOUTH&PACIFIC HWY.IMPROVEMENTS NO.I DESCRIPTION QTY. I UNIT I UNIT PRICE I TOTAL 1 REMOVING EXIST. CURB&AC PAVEMENT ' 2,098 SF $1.20 $2,517.60 2 7"PCC 1,050 SF $3.25 $3,412.50 3 2"AB.(3/4"-0)&4"AB(1 1/2"-0) 1,050 SF $1.00 $1,050.00 4 6" X 16"PCC CURB 235 LF $7.00 $1,645.00 5 4"PCC ON 2"AB SIDEWALK 3,515 SF $2.85 j $10,017.75 6 I,MOVING EXIST. LIGHT POLE 1 EA $1,000.00 $1,000.00 7 MOVING EXIST.TRAFFIC LIGHT POST 1 EA $2,000.00 I $2,000.00 8 MOVING EXIST. FIRE HYDRANT 1 EA $800.00 $800.00 9 SAWCUT PAVEMENT 235 LF $1.00 $235.00 SUBTOTAL DARMOUTH&PACIFIC HWY.IMPROVEMENTS= $22,677.85 P:\DOCS\CLIENTS\96-112.07\COSTEST.XLS PRELIMINARY ESTIMATE OF QUANTITIES FOR CAR TOYS,TIGARD DATE: 5/28/97 BY: E.A. BUILDING,EARTHWORK,&STREETS NO. DESCRIPTION I QTY. UNIT l UNIT PRICE I TOTAL 11 DEMOLITION. 21,396 SF $1.00 $21,396.00 12 FINISHED BUILDING COSTS 5,475 EA $63.00 $344,925.00 13 3"AC.CLASS C 10,000 SF $1.05 $10,500.00 14 2"AB.(3/4"-0)&6"(1 1/2"-0) 10,000 _SF $0.95 $9,500.00 15 6"X 16"PCC CURB 795 LF $7.00 $5,565.00 16 4"PCC OVER (3/4"-0)SDWK 710 LF $2.85 $2,023.50 17 30'WIDE COMMERCIAL DRIVEWAY 1 ' EA $1,500.00 $1,500.00 18 STREETLIGHTS 4 EA $1,200.00 $4,800.00 SUBTOTAL EARTHWORK&STREETS= $400,209.50 SANITARY SEWER NO.1 DESCRIPTION I QTY. I UNIT I UNIT PRICE I TOTAL 19 RELOCATING EXIST. SS CLEANOUT 1 EA $1,000.00 $1,000.00 SUBTOTAL SANITARY SEWER= $1,000.00 STORM DRAINAGE I NO.1 DESCRIPTION I QTY. I UNIT I UNIT PRICE I TOTAL 20 CONNECTING TO EXIST. 6" i 1 1 EA $800.00 $800.00 SUBTOTAL STORM DRAINAGE= $800.00 WATER SYSTEM NO.1 DESCRIPTION I QTY. I UNIT I UNIT PRICE I TOTAL 21 'CONNECT TO EXIST.WATER METERS 2 EA $800.00 $1,600.00 SUBTOTAL WATER SYSTEM= $1,600.00 P:\ROCS\CLIENTS\96-112.07\COSTEST.XLS R5i28.9? 09:58 DEFY REAL ESTATE -> 5981868 NO.018 013 AFTER RECORDING RETURN RRETFLER REAL ESTATE, IWL. %Car Toys 307 Broad Street We certify this instrument to be 3 true ceAttla,, WA 9/1171 recOrd? r" Attn: Rob Jenson COPY ^ �� Until a change is requested all tax Book Pate , Fee [� statements shall be sent to the following address: Records ofj County,Oregon. Grantee CHICA 0 TITLE INSURANCE COMPANY 1 Same as above By 01 u Escrow No. 50000-7427-JY Order No. 164410 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) JOHN D. ALEXANDER Grantor, conveys and warrants to BRETTLER REAL ESTATE, INC., a Washington corporation Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Continued) This instrument will not allow uaa of the property described in this instrument in violation of applicable land use laws and ragulatione. Before signing or accepting this instrument. the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORR 30.930. ENCUMBRANCES; "Subject to easements, restrictions, provisions and reservations of record." The true consideration for this Conveyance is $550,000.00 "A PORTION)OP,WHT(H IS PAID '10 AN ACCCMMODATOR PURSUANT TO AN IRC S1031 EXCHANGE" D tad March 7, 1997 ; if a corporate grantor, it has caused its name to be signed by o .er of its board of directors. Ire" .� oNN D. AL.f .DER STATE OF OREGON, County of Multnomah )es. This instrument was acknowledged before me on March 13, , 19 97 by John D. Alexander This instrument wee acknowledged before me on , 19 by as of • • OVFICIAL BEAL Notary Public for Or own JUO TNYYOR G NO ON My commission expires 4/24/97 ® COmwestot4 No.02u01 my common 11IMIREO APRIL 24.1001 05%28/97 09:58 DENNEY REAL ESTATE -> 5981868 NO.018 014 Order No: 164410 LEGAL DESCRIPTION PARCEL I A tract of land in the Southwest one-quarter of Section 36, Township 1 South. Range 1 west, of the Willamette Meridian, in the County of Washington and State of Oregon, being a part of that tract described in Deed to Cyrus R. Knight, at ux, recorded August 16, 1948, in Book 288. Page 53, Washington County Deed Recorda, described as follows; BEGINNING at a point on the Southeasterly right of way line of Southwest Pacific Highway (Oregon State Highway 99W) said point being the most Westerly corner of said Knight Tract; thence North 52°52' East. along said right of way line, 51.00 feet to an iron pipe set at the most westerly corner of that tract described in Deed to Alex Finke, at ux. recorded September 27, 1967, in Book 661, Page 615, Washington County Deed Records; thence South 36°42' East, along the Westerly line of said Pinke Tract, 205.01 feet to an iron pipe on the South line of said Knight Tract; thence North 85 622' West, along said South line, 67.91 feet to the Southwest corner of said Knight Tract, said point being an iron pipe on the North line of PALMER ACRES, a plat of record in Washington County, Oregon, which bears North 85°22' West, 18.4 feet of the Northeast corner thereof; thence North 36°42' West, along the Westerly line of said Knight Tract, 160.4 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Tigard for road right of way by Warranty Deed recorded December 18, 1985 as Recorder's Fee No. 85050034. PARCEL II A tract of land in the Southwest one-quarter of Section 36, Township 1 South, Range 1 west, of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: BEGINNING at an iron pipe in the Southerly line of that certain tract of land conveyed to John and Bernice Dobbins, by Deed recorded in Book 150, Page 218, Washington County Deed Records, which iron pipe bears South 05°22' East, 1972.3 feet from the re-entrant corner on the West line of the George Richardson D.L.C. No. 55, and bears North 85°22' Nest, 18.4 feet from an iron pipe at the Northeast corner of PALMER ACRES, a duly recorded subdivision in Waehington County, Oregon; said point of beginning bears North 85°22' West, 248.5 feet from an iron at the Southwest corner of a tract of land conveyed to C.L. Chileon by Deed recorded in Book 124, Page 194, Washington County Deed Records; thence from said described point of beginning. North 85'22' West, along the Northerly line of PALMER ACRES and Southerly line of said Dobbins Tract, a distance of 240 feet to an iron pipe on the Southerly boundary of the State Highway; thence North 52°41' East, along the Southerly boundary of said highway. 180.0 feet to an iron pip., said point being the most Westerly corner of that tract of land conveyed to Cyrus R. Knight, et ux, by Deed recorded in Book 283, Page 53, Washington County Deed Records; thence South 36°42' East, 160.4 feet to the point of beginning. 05/28/97 09:58 DEWEY REAL ESTATE 4 5981868 NO.O18 015 CERTIFICATION OF NONFORSIGN STATUS (Individual) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest roust withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon my disposition of a U.S. real property interest, Vs*, the undersigned, hereby certify the following: 1. I am not a nonresident alien for purposes of Q.S. income taxation/ 2. My U.S. taxpayer identifying number is 7I. - 'O - 41140; and (Social Security C) 1. My home address is I a7 70 ej40 . I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. Dated: *--•=3/4-3 /97 • 4 0 D. ALEXANDER ESCROW NO. 50000-7427-JY 05/28/97 09:58 DEN EY REAL ESTATE + 5981868 NO.018 016 -. .. _._ ..•__ ..... _. r . .--- P.2.06 CMICAG0 TXTLI MOW= COlIPAatY oP MO= Enna I5TD U3'iD UTTLDOINT STA'1lNM Buyer, AlITTL12 UAL I6?2T1. IOC. Iacron Mo.' 50000.7427-JY Order Mo.' 116610 Date' 0)/1]/07 Seller: JOMM D. AMA MI Property 11700 SW Pacific lay. Address T1gard. OR 97237 !venom Officers Judy Toreson Oats' 03/17/$7 Charges Credits PuscKDe Price ..,.. 660,000.00 Deposit or lornest Money 610.000.00 County taxes from 02/12/19 to o7/03/$7. 1,169.66 lscrow Pee to MICA= TITLI ISSUMASCI Co ... 271.00 Upgrade Premium to MGM MTN Z StIAullas $28.21- County Transfer Tam 274.00 !•cording of Peed 41.00 site Inspection ho C1UCA00 T2TLP IIlill,ANCS CO 79.00 Seller Attorney Pee Credit........ 1.000.00 Wire Transfer 7/12/97 Chioago Title Insurance Co ., 2,600.25 Lessee Tax Prorate (60 days) 700.94 Sub-totals 965.956.91 $63.140.79 Balance due iron Dwyer 616.12 9stimated Totals 617.566.11 662,966.01 The above figures era estimated and subject to adjustment' pile' to the diObursement of foods. 1AITTLI=. j�`, • 05/28/97 09:58 DEPtEY REAL ESTATE 4 5981868 !' ).018 D17 .,,017 AMR RECORD/WO Rol= ' sANrTL1a ARAL 11?AT1• Until • change is requested all tax statements shall be sent to the fallowing • address' Escrow so, 50000.7427-JY al)Arrlt yi rlG15 order po. 164410 IO.UMTY DUD - manor tart ' ---r•�.: (INDIVIDUAL or CORPOOA1100) JONN D. AMMO'S Grantor, conveys and warrants to *MILER tisane UTaTi, INC.. a Na•hin$tos oarperation Grantee, the following described Coal prs¢arty tree of encumbrances except as specifically set Earth heroin' (Continued) This instrument 0411 oat allow use et t h ey dsseelbsd is this iaaerMant to 'Wittig* ad spplieabie lead use laws and resale es • Sodom nighty or enas tMg this iyesement• Ii. purses asgairlag des title to the papaeky should shack with the aggNCpriate any or esmty pleasing dapareneet to verify approved Cass and w datasaiw any limits an lemmata against demise ow demos* pn..ttaes as demand Is Oil )0.030. "sublset ca easements. restrictions, provisieni and reservations of record.• The true consideration for this ceaysylnoe is *510,000,00 'Al MAID TO AP ACCCOOIDDaTOa 21231MAJT TO An UC 01011 =CHAMP Dated Marsh 7, iff7 2 if a corporate granter, it has caused its now to be signed by order of its board of directors. JO} t b. LtJCnmDRA ETASS OF ORZOO1I. County Or This instrument as aoktwviedged Were es Oh , 12 , by This instrument van acknowledged bsdore an en . 10 by sal of • lotary rubric for Oregon My eaaaission aspires - 05/28/97 09:58 DEt''EY REAL ESTATE -> 5981868 N0.018 I18. P.4is order Who. 114410 MAD 8dI8C123?sow PARCEL I A trace of land in the SouehWeet sea-quartet of &action 34, Township 1 South, lanes 1 West, of the Milisenstts meridian, in the County of Washington pod !tats of Oregon, being • part of that tract described in Deng to Cyrus R. Knight, at Nee, recorded 11iaunt u, 1148. in look ass. Pap SI. Inishington County Dead Reanrdl. described ea follow.: MOONING at a point en the Southeasterly right of soy lbw or southwest padilie Highway (Oregon State Highway sun said point bring the oast weaterly earner of said Knight Trait, thence Borth 52'S2' last, along said right of way line. 51.00 fast to an iron pipe .et at Oho most Westerly comer of that tract de c rib.d in Deed to Alex Pinks, at urn. reverded saptasber 27, 1967, in leati ill. Page his, Washington County Dead R.eerd., thenea South 16.42' Kass. along the Masterly line el said Pinks Trott, 205.01 Lest to an iron pipe on the South line of said Knight Tract; thence Worth SP33' Sept, slang Seidl South line, 47.91 feet to the Southwest Corner of said night Tract, said point being an iron pipe on the Worth line of PALM AMISS. a plat of record in Washington County. Oregon. which bears North I5°22' West, 11.4 feet of the Wertheim' corner thereof: thence North 11.11' Hest. along the Westerly line of said Raight Trace, 160.4 feat to the point of beginning. >KCRPT1an0 TRERSPROn that portion convoyed to the City of Tigard for road right of way by warranty Deed recorded December 11. 1165 es Recorder's he b. 13050034. PARCI& II A tract of land is the Southwest on.°qusrtsr of Section 30, Township 1 Routh. Range 1 'test, of the Nil/matte Meridian, in the County of Washington and 8t4ee of Oregon, described as follows, 180I$WTWO at an iron pipe in the Southerly lino of that certain tract of land conveyed to Johns and Pumice Dobbins, by DNa rseerdsd in look 180, Page 211. Washington County Deed Records. which iron pipe board South 18'22' last. 1572.1 fest from the se-entrant corner on the Vast lino of the deorgs Richardson D.L.C. 104. 83. and bears North S5•12' West, IS.' test from en iron pipe at the Northeast Corner of PAMIR ACRUS, a duly recorded subdivision in Washington county, Dragon, said paint of beginning bears Worth 81.22' Oast. 241.6 feet from an iron at the Southwest corner of a tract of land conveyed to C.L. Chilean by Deed raeerded in nook 114, Page 114. Washilgteli County need Resoudsr thence from said dsscribed point of beginning, North 86°1a' West. along the Northerly line of PAI1f1R ACRti and Southerly lino of said Dobbins Tract, a distones of 24e fact to an iron pipe an the Southerly boundary of the State Highway/ %hence Perth 52.41' Sant, along ohs Southerly boundary of said highosy, 110.0 feat to an iron pips. said point being the most Westariy corner at that tract of land conveyed to Cyrus R. (knight. et ue, by Deed recorded in nook 113. Page 53. Washington county Deed Recordle thence South 16.41' last, 160.4 feet to the point of beginning. SCONZO/HALLSTR OM ARCHITECTS 919-124TH AVENUE NE, SUITE 101 BELLEVUE, WA 98005 (206)455-3203 (206)455-9351 FAX March 26, 1997 City of Tigard Ref Par: 1 S 136CD 02004 13125 SW Hall BLVD Tigard, OR 97223 RE: CAR•TOYS - Tigard 11700 SW Pacific Highway Dear Sir: Sconzo/Hallstrom Architects are the architects representing CAR•TOYS in their proposed re-development of the Alexander's Restaurant property located at 11700 SW Pacific Highway(SW corner of the intersection of Dartmouth(78th)Road and SW Pacific Highway). CAR•TOYS is considering proposing a site development review at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: WEDNESDAY, APRIL 9, 1997 7:00 PM AT THE OFFICES OF CHRISTIANSEN ENGINEERING 7150 SW HAMPTON STREET, SUITE 226 PORTLAND, OR 97223 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. 6 I look forward to more specifically discussing the proposal with you. Please call me at (206) 455-3203 if you have any questions. S. cerely, L1'14 hn G. Hallstrom, AIA oject Architect MAY-27-1997 16 01 FROM SCONZO / HALLSTROM TO 15035981868 P.03/10 SCONZO/HALLSTROM ARCHITECTS 919-124TH AVENUE NE, SUITE 101 BELLEVUE, WA 98005 (206)455-3203 (206)455-9351 FAX March 26, 1997 Waremart Inc. Ref Par: 1 S 136CD 02000 PO Box 5756 Boise, ID 83705 RE: CAR•TOYS - Tigard 11700 SW Pacific Highway Dear Sir: • SconzofHallstrom Architects are the architects representing CAR•TOYS in their proposed re-development of the Alexander's Restaurant property located at 11700 SW Pacific Highway (SW corner of the intersection of Dartmouth (78th)Road and SW Pacific Highway). CAR•TOYS is considering proposing a site development review at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: WEDNESDAY, APRIL 9, 1997 7:00 PM AT THE OFFICES OF CHRISTIANSEN ENGINEERING 7150 SW HAMPTON STREET, SUITE 226 PORTLAND, OR 97223 Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (206) 455-3203 if you have any questions. Sincerely, John G. Hallstrom, ALA Project Architect MAY-27-1997 16:02 FROM SCONZO / HALLSTROM TO 15035981868 P.04/10 1 \ Z \ 1 ir — Wen. — 1 11� i r lit)►r >c 4k45$0 1� :�tJ hi 1 or IN r 1 i 1 I * Pk g • 1 ji -i 8 1 ` ' 1 ii, 017 w ur,lr P11141 1 eg r . , 41 e• - R J1 , i NI \ 1, t., , Fj3 i ii ' . I , • 4' . *9 I . t 42,14 , , . . 1 • 1 r� I 1, -•:. . . • 1 1 t5c), ,-. 1- 1 ''`• 00 '.. 1174°)".114r,,/,,:: a, Si I 1 Pl C,d, ,. 'l'�}: 1! . IIa, / ` •1 r ,1 i.11' •. 1111.,••,1 M�..! f el ' O v k#.,,, ' \ 1 i 0 0 1 o *v ' 0 cA ' !- . 1 if . I ), , itg I rlo • MAY-27-199? 16:03 FROM SCONZO / HALLSTROM TO 15035981868 P.07/10 *15 * Owner :MCGRATH STANLEY R Parcel :R2050036 Site : *NO SITE ADDRESS* Xferd : 04/28/95 Mail :PO BOX 880 SHERWOOD OR 97140 Pries Use :2012 COM, IMPROVED Tot AV Legal :IMPROVEMENT ONLY :$232,410 Maparid: Bedrm Bth: YB: Dar: Pool: B1d3FRef Par:1S136CD 00102 !S +16 • AC: Owner :MYERS MARY JENSINE Parcel :R2050037 Site :*NO SITE ADDRESS* Xferd : 04/28/95 Mail :PO BOX 880 SHERWOOD OR 97140 Price Use :2012 COM, IMPROVBD Tot AV Legal :IMPROVEMENT ONLY :$774. 350 Mapoxid: Hedrm: • Bth: YB: Gar: Ref Par: 1$136CD 00200 +17 * Pool : H1dSF: AC: Owner :MYERS MARY JENSINE Parcel :R2050039 Site :*NO SITE ADDRESS* 'ford : 04/28/95 Mail :PO BOX 880 SHERWOOD OR 97140 Price Use :2012 COM, IMPROVED TO AV :$37, 880 Legal :IMPROVEMENT ONLY MapGrid: Bedrm: Bth: Ref par:1S136CD 01300 (:) YB: Gar: Pool: B1dSF: AC: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. I M1R-21-1997 10:33 5036537853 981 P.05 P+9 1h:U3 FROM ',DWHZU NALLSTROM TO 15035981858 P.06/10 *8 * _ Owner :WAREMART INC Parcel :R0284356 Site :*NO SITE ADDRESS* Xferd :11/15/94 Mail :PO BOX 5756 BOISE ID 83705 Price :$7,233,100 Use :2002 VACANT,COMMERCIAL Tot AV :$1, 314, 900 Legal :ACRES 6 .45 MapGrid: Ref Par:1S136CD 02000 Bedrm: 8th: YB: Gar: Pool: B1dSP: AC: 6 .45 *9. Owner :COSTCO WHOLESALE CORPORATION Parcel :R0284392 Site :11722 SW PACIFIC HWY TIGARD 97223 Kferd : 03/23/94 Mail :PO BOX 97077 KIRKLAND WA 98083 Price :$3, 000, 000 Use :2012 COM, IMPROVED Tot AV : $9, 323, 000 Legal :PALMER ACRES, LOT 1-3, PLUS MapGrid: 655 F3 :ACREAGE, ACRES 12 . 90 Ref Par: 1S136CD 02200 aj- Uedrm: Bth: YB; Gar: Pool: BldSP: AC:12 .90 *10 * Owner :MILLAR TED L TRUSTEE Parcel :81268675 Site :11675 SW PACIFIC HWY TIGARD 97223 Xferd : 04/28/95 Mail :3030 SW MOODY AVE #200 PORTLAND OR 97201 Price : $800, 000 Use :2012 COM, IMPROVED Tot AV :$114, 280 Legal :ACRES .33, SEE Al ACCOUNTS) MapGrid: 655 G3 Ref Par:1S136CD 00101 sedan: Bth: YB: Gar: Pool: B1dSF: AC: .33 *11 Owner :MILLAR TED L TRUSTEE Parcel :R1268684 Site :*NO SITE ADDRESS* Xferd :04/28/95 Mail :3030 SW MOODY AVE #200 PORTLAND OR 97201 Price : $800, 000 tine :2012 COM,IMPROVED Tot AV :$217,210 Legal :ACRES . 69, SEE Al ACCOUNT(S) MapGrid: Ref Par:1S136CD 00102 11 .� Bedrm: Bth: YB: Gar: Pool: B1dSF: AC: . 69 *12 * Owner :TIGARD CITY OF Paroel :R2036296 Site :*NO SITE ADDRESS* Xferd :09/16/93 Mail :13125 SW HALL BLVD TIGARD OR 97223 Price . Use :9152 GOV,CITY Tot AV :$70,220 Legal :ACRES .31, NON-ASSESSABLE MapGrid: Ref Par:1S136CD 02004 tZ Bedrm: I Bth: YB: Gar: Pool: B1dSF: AC: .31 *13 * Owner :MCGRATH STANLEY R Parcel :R2050034 Site : *NO SITE ADDRESS* Xferd :04/28/95 Mail :PO BOX 880 SHERWOOD OR 97140 Price . Use :2012 COM, IMPROVED Tot AV :$381,750 Legal : IMPROVEMENT ONLY MapGrid: Ref Par:15136CD 00100 13 Bedrm: � 8th: YB: Gar: Pool: B1dSF: AC: *14 owner :MCGRATH STANLEY R Parcel :R2050035 Site : *NO SITE ADDRESS* Xferd : 04/28/95 Mail :PO BOX 880 SHERWOOD OR 97140 Price . Use :2012 COM, IMPROVED Tot AV :$193, 670 Legal :IMPROVEMENT ONLY MapGrid: Ref Par:1S136CD 00101 ® rm Bed : • Bth: YB: Gar: Pool: B1dSF: AC: 1 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. I ti R-21-199? 10;32 5836537853 gg;: P.04 MAY-2?-1997 16:02 FROM 9=a1.70 / HALLSTROM TO 15035981868 P.05/10 *1 * Owner :MILLAR TED L TRUS.,dE Site : *NO SITE ADDRESS* Parcel :04/28/95 Mail :3030 SW MOODY AVE #200 PORTLAND O Xferd : 04/28/95 Use : 2012 COM, IMPROVED R 97201 Price :$BOO, o00 Legal :ACRES .47, SEE Al ACCOUNT(S) Tot AV :$156, 180 . MapGrid: Bedz=n: Bth: YB: Gar . Ref Par:18136CD 00100 ( - *a• ., - Pool: B1dSF: AC: .47 Owner :MILLAR TED L TRUSTEE Site :7840 SW PFAPPLE ST TIGARD 97223 Parcel :028/95 Xferd Mail :3030 SW MOODY AVE #200 PORTLAND OR 97201 95 Price : Use :2012 COM,IMPROVED $800, 000 0 Legal :ACRES . 87, SEE Al ACCOUNT(S) Tot AV :$276,650 MapGr3.d: 655 G3 Bedrm: Bth: YB- Gar: Ref Par:1.S136CD 00200 (J" *3 Pool: B1dSF: AC: .87 Owner :MILLAR TED L TRUSTEE Site :*N0 SITE ADDRESS* Parcel :00284221 Mail :3030 SW MOODY AVE #200 PORTLAND OR 97201 Price :10/30/95 Use :2012 COM, IMPROVED Price Legal :ACRES .72 Tot AV : $988,280 MapGrid: Bedrm Bth: Ref Par:1S136CD 011000 *4 �� Gax: Pool : B1dSF: AC: .72• Owner !MILLAR TED L TRUSTEE `"`- Site :11711 SW PACIFIC Parcel :R0284249 Mail :3030 SW MOODY AVE#2001PORTLAND2OR 97201 Xferd : 04/28/95 Use :2012 COM,IMPRoVED Price : $800, 000 Legal :ACRES .31, SEE AI ACCOUNT(S) Tot AV :$98, 580 MapGrid: 655 F3 Bed7:zti: Bth: yB: Ref Par: 1s136CD 01300 (D'-'*'S * Gar: Pool : HZdSF: AC: .31 Owner :DOUGHTY J PAUL LILLI Site :11674 SW PACIFIC HWY TIGARD 97223 Parcel :R0284294 Mail :10150 SW CANYON RD BEAVERTON OR 97005 Price . Use :2012 COM, IMPROVED • Price Legal :ACRES .45 Tot AV :$407, 520 • MapGrid:655 G3 edrai: Bth: YB: Ref Par:1S136CD 01600 0'r B B i Gar: Pool; B1dSF: AC: .45 Owner :DOUGHTY J PAUL;LILLI Site : 11670 SW PACIFIC HWY TIGARD 97223 Parcel :00284301 Pr Mail :10150 SW CANYON RD BEAVERTON OR 97005 Price . ot Use :2012 COM, IMPROVED T A Legal :ACRES .91 Tot AV :$258, 380 MapGrid: 655 G3 Hedrre: - Bth: Ref Par:1$136CD 01601 ©✓ *7 * YB: Gar: Pool: B1dSF: AC: .91 Owner :THE BOIILAND INC Site :11680 SW PACIFIC HWY TIGARD 97223 Parcel :12/30/93 Xferd Mail :109 W 17TH ST VANCOUVER WA 98660 Pr :$200,093 Price:2012 COM,IMPROVED ice :$600, 000 Legal :ACRES . 85 Tot AV :$466,140 MapGrid:655 G3 Bedrm: - Hth: yB; Ref Par:1S136CD 01700 1 / Gar: Pool : B1dSF: AC: . 85 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. I I MAR-21-1997 10:32 5036537853 98% P.03 MAP-21-199? 10 41 FROM "1NZO / HALLSTROM TO 15036207783 P.03/03 . ' AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN(T)CALENDAR DAYS OF TEE SIGN POSTING,RETURN THIS AFFIDAVIT TO: ' •City of ZjRuYi .., 7.t..'-' . • . . °.. :p ti . - . hnmaing Th vision . .•r 13126 SW Hal Boalfireird . Tigs.rd,OR 97223 I, GQ 1 . ' h - , do affirm that I am (represent) the party initiating interest in a proposed 5 "' SQ•FT. 1�1N UL D1UG affecting the land • located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) II CO S.W. PAC'{=1C., 441(l41YA , and did on the Via+ day of I"I' L. 19 91 personally post notice indicating that the site may be proposed for a ..511t, bEv Opl1 1` (CF-vl�\V application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at Co S if rlr LA._ - -/ ( - c!72 a3 (state location you 'osted notice on property) Illi.i., :► Sig r Ire (1' e presence of a Notary Public) (THIS SECTION FORA STATE OF OREGON, NOTARY PUBLIC TO COMPLFTTIMOTARIZD �7 � Subscribed and swom/affirmed before me on then / day of 19 COFFICIAL SEAL _ �f `�"-. SANDRA BRAXMEYER j��'« Ng/LT 1W� J �- NOTARY PUBLIC OREGON NOTARY PUBLIC OF OREGON ;',/ COMMISSION NO.059656 MY COMMISSION EXPIRES NOV 24 2000 My Commission Expires: /1-Z'-/`ZOOG (Applicant.please tnmpiere iniorc scion below for proper placement which proposed project) w rN a. OF PROJECT OR PROPOSED NAME: C.• i. La - 11 i - 1" YPE OF PROPOSED DEVELOPMENT;`I: � • a- . L alm-ic_�p 1 Narae of AppliarnuOuruer, C'TY . t V. CA Address or C-ennral Locxrna of Subject prvpersr I \ .T/FI 1 _ " - I;001 I ��ucjeK 2�oercy Tax�izp(s)and Lot=(s): S 00111 J rc•yoyrbarYvraaentatpaxr.si MAR-19-1997 11:22 503 684 7297 97% P.03 TOTAL P.03 MHr-27-1997 15:01 FPLM SCONLO HHLL5TPOr1 TO 15035981868 P.02/10 AFFIDAVIT OF MAILING • STATE OF OREGON ) • )Ss.. • • - City of Tigard ) ' J ot1 J , being duty sworn, depose and say that on - MA(j 24 , 1911 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) II CYO S\V Pau FIC 14I61-i■VA ( 5\V C.oUAJErL OF ?}t & E Ci\o J o1 0ALT 1 j l' -15N Ikaisb Ie \ . pact r to 6 `p,\/ _a copy of which notice so mailed is attached hereto and made a part of hereof. 1 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 with postage prepaid thereon_ {10(1k\r‘ • Sign Lire (In The presence of a Notary Public) • (THIS SECTION FOR A STATE OF OREG N, OTARY PUBLIC TO COMPLETFINOTARIZD Subscribed and sworn/affirmed before me on the 22 .day of /aff'l. . 1 g 9 i • � F. OFFICIAL SEAL �.�i: SANDRA BRAXMEYER ` / NOTARY PUBLIC-OREGON kfi1l60G ®,�GK �l�r `%.., COMMISSION NO 059856 MY COMMISSION EXPIRES NOV 24.2000 NOTARY PUBLIC O O GON My Commission Expires; /1/2 y/2 oo (Aoplicsr_t. please complete information beloor far proce-placement with proposed projec-) = rN.A E OF PROJECT OR PROPOSED •A.ti7Z_ - b ► • .►_ TYPE OF PROPOSED DEV LOPNIEN'r_ �..� rl�'�'.L:` 1]) l� I 'Name of C A T�(3 j address or Ge--eral L io a of Subject P:opir c Ill DO \LL ph-c-16(- ]-�I GI��Vh,�/ I trublee_?z-cc erly Tax NIsais)z,a Le.-{a): 151 to- rulegraaRyv..i.r-sr 4nairtia MAR-19-1997 11:23 503 684 729? 96% P.06 F 1 n x Hi 0 hi NALL •tv0 #4,„OA„„ d (0-) _i -1 • IA ".1 1.111< V .9 r- � `" /�, iii - OI n z �. z ' a , III � O a z vai rs 9 / �1 rn Q O e_. i v o / . =r �I Cn o Q ce) .0. ...... 3 cm) i 0 J CAR . TOYS tCITY OF TIGARD �AR TOYS, TIGARD �m.HR[STENSEN 307 BROAD STREET. owAanert Or cawu.rtr oeciavc..,PLANNING ERASION �NO[NERR[NO,INC. SEATTLE, WA 98121 i3in s.w wai BOULEVARD.TIGARD cocoon 97223 �TTI,LE SHEET) unnvs,MIL snc�nmu,.no suxv[r I TEL: (206) 443-0980 rNanc:(sw)ew-.iii FAX (w3)ear-7297 ia.—..==n .s..aoa�� c . a�j Jj� [ 4 KQ4N0R.. 5 O 411461". N6 OG C yaflu zwp1 z MORRO}NM re Orr.la IS i z G.R, ti: uN alA x 35 MOM ‘5051010 rr %% .t�� "rte•• 1 •� o/ „ . 4i . .• • TIGARD k, •w.N BURGERVII,LE TI, 1700 u.w � ID o O• 0 . s - -tri-N - N- terf''--,i -'9 0 4,.-\ j N i I- --ti \ , . COSTCO �` 1 Ris p SITE DATA: A A \ \\ \ `1 8 § s■ ! N 1.61.sot HPERNp75 AREA(PEIM[R4TI I \ i \ 11 r~ a MIMS„„„„ OW.MELT LYpUTOR/M000X): :I.21 v., fan ArJii6) 11 1 E.y y Anu or n-o-w omuTUR: zor u. 11 1 Q 111 11 $ AREA Or R-O-W VACA1RN: 1,112 S!. PS I IOt*i Silt MG(NTIS R-O-w 111 \ II 11 11 ] n GEOIGion/WKA7gn): N.O91 Sl..(OM ACRES) II 1 \ II II II Z I! _— REG.uns loll AREA(6 1551: 7.50P 51. \1 1 II 11 11 O R f w I�® •"�"��.�. •.�■•,•••�•:�,.�•..•.r�,:•�•:•�.•:`• PROPOSED 4/,10SGYC ARG: 1,519 51..17.9 i 1 1 1 .a .. PROPOSED SR wPVNlous APIA I9nz sr i \ u 1� ',-1 15 " R 1.u-- '2W 1 A 1 1 I'11Ailtna -H-11- imAL euLGNG MO; 5.175 SY. 1 1 1 M.Or sWWOMO.wNNG Sint: M STALLS I A 11 1 ` % -• A T N5 1 .p,Or rw.OWNPEO PMRNG STALLS: S STALLS 1; 11 I AI �I ;I N ly PM'15 C.) uea!ai„a, 2 Sues `v / ,•/1 17y TOm W.Oi RARRNG STALL: u STALLS 11 A 1 ; Pi 1 PARING P.IiNF. S55 SAXE PER 1000 SJ. 1 ' II I 1 SECTION A-A W�0 tAl SUBMITTED 05/27/97 REVISED t-f U))e v G� 6 m Ce 0 ■Q J o''''w (..) M,/)E. " MEET 2OF7 ` / r____ itt , \\: h)k.„ ,iii.,41,, ,illikl ,. , 41 \ . „pi. 1.1617 41 ,1,....._ ,..,... prell0,52.1%1W4114, : ,... 1% a ...., *A Wilvilin; - \ ''• 0 s11J At O 1 Ct 5' gits- 2 `‘. 1. 11°404$ 4 .101111e.limi\ 1•11iftWri- Otti t isp104(41 A I .-.&46\,__ '0'4' 1‘ it 4 .listlit0.--. ..3" .'000 _ ill‘ s N y _______----,s / \a' --------- ---v2z 1 ! S tri,,,,< 0 O \ % I 1 1 ! ,J RISTEN 3EN TIGARD ,�„�,�.�°�gel��'°,��°� TOYS CITY OF TIGAR� CAR TOYS �,.„. .,,. CAR ��. �,.INHERT.�.PLAN pE.M+,Ext S.S.M.WO.BO PIRRO,cwi.Off'°n°;" p� ARY GRADING STREET. m,xs .S eouewo.VV. SE TLE WA 98121 `""c'�' -,z� SEATTLE. c,a+c:csa»ass-'�'� TEL: (20g) 443-0980 i i2 Iii 'Y. t . • 1 • • , I \ I;,14 idi \ Ii ,, — a ` a , 3 \, . 1 • o I \ , n ..•, a �� 6i 4 I $ �, Fe!1 1 1k. € � tea ; post- .... \ __________---;, .j-�., ; /"iv " _____ " ...�,,, iii '6 ...."1-- �..y a s l H to /--i 41 0 I 1 8 rq ' _ , I S .i w 1 I I P p- 8 II ` -. --- CAR . TOYS (CITY OF TIGARD� I AD T V TI AR7. ( HRISTANSEN 307 BROAD STREET. ,y,,,E,,r COMA UNITY ava a,,„N,. , CAR TOYS,SI 11GtuW �NOINEERINO,INC. SEATTLE, WA 98121 ,3,x5 s . .a a04LVA.20.11Gwo ONCOOM 97223 PRELIMINARY UTILITY PLAN PMD S.cm`w 99cw 9 ala. eo DDVDTS 7\7.a 0�.WM VIZIAln9..ou,.m TEL: (208 443-0980 PHONE(503)229-4171 Co (593)184-7297 } \ rN A... x R � � m N > 1 �9^? ` v 5 a• . %\ r ‘., n o , II _ */ \ „i NNr0 4 n ; \AV t , t "4:4 -. 1 ,ate iI .. .. ... , „, ., . ,.. } II.. ,. • ... ---- -- : P _ 1 c. a _.H to - I ! ii ri ti rTl ! I 1 -' CAR TOYS CITY OF TIGARD, CAR TOYS TIGARD ��l.HR[STENSEN 307 BROAD STREET. otrNr N¢N a IC owsr pF£GOPNEN,rIM+9NG pnM14bN 7 NQINEERINO,INC. SEATTLE, WA 98121 13i:5 s+ »,1 9o.tr, n.r,cN7p atcQN 97223 9uNNOU,CMG OCW9m AND�UnETOC TEL: (208) 443-0980 770CC(mss)379-41n Olt(79.f)re.-rt97 / �F7QS'RNG COND(f1ONS&TREE SURVEY 1 `Im.cNN mn>ec� �.wGp.m...�we am saw .. .. . .. . i...II4L esormato "..evr A/AIAIS alit .10441.,AIP1444.4 0 ea,phInfAmoriat`aksehavol 7Litre/sod moiche a?..I. .5 1,1 b . 0 Olemmlus emirie.mos...Mow r pa.r p 4,1=4.4an,....pie'.43e,../ 15 610 0 * Avarr r.4.8.'16whair/A.A."As I"ye ea.! AD 141,...4 4 i>O. LI 11 it • 0 obrka'sal tunny As,•hewn cnotorp.k. 5.0./ 7 bb * • • - A V el 1'-..''wW.■- \\ ' .p.4iesir'Iletwit,,,/Arpm Aka, kukamis ../pirt.~Ante/••••alo6~0' 1.• "71V /II bib...SAW 4... 4 IL 3 ;Intl 1 a illiii C .. Arfe (rs ... ..emiolmnion.i/of efts4 wove 4.1" \ Or .14 lAV) '• \-3- -eri, 1,•'- El Abeja......40.44.'s Stredwit/eMarvailea 4,trIe Kb bib \f"' a T ail reawfIsavie enfaimsys`Aleb //hairW mit.41howo ezra' /, poortioil....- 4 I. ) 140 ‘ f7 .401,Sarran6.74fireAttrimoact...0 Siir• No . , ;1 (.0 if-- 4t. 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Q yR°� T 389°26'E T S W C.H PFAF PFAFFLE FF L E sy� \`� _ rr T rNw coR. C.R.C.R. 9/5 S89 48.E �• 842.72 TO NW COR. C.H. PFAFFLE HAMMER STREET ` °� �` 1401 P.129.85 \ 1 0 b.8 5 1 3 O.O 3 I 84-40597 130.03 500 401100 116.2 152.16 • _O 198.70 476.1 200 J4%• O� `�`. .344c • - e - 600 \ 684 . I .34 Ac. 1002 300 200 60 'N 102 101 ` /.06 Ac. \ I Ac. .74Ac. 874c. N ;�„ 69Ac. 33Ac. -14 0 0- 2 2 4 - 1 SE co R 30001 ZOO AI �, 88 Ac. I Is O N ��E.L.1cEt NI �n a n No 102 Q) 0 101 AI y0 /• Al i o o N Ay 9y \. '1 0 140041 o I o - m ti \ Za \ 1 V) m m 0 m �`� n CANC �Q i ` m v a , `b� \ 400, al 0 0�o m n 1 0 0 m N ^' rp ay �{ 150 0 a 1200,7. °nl,^ N m m I0 \y0o°9 a�� �6 .88 AC. \ • 2100, • "' ,.i m N 4i 9� \ yy ♦ " s� 1„\ 200 Nl ••r-12.46 108.03 N Ac. S COX q \ Z 9 v 130.42 m A 13°.03 W 100AI • ° �` ‘6%..e. �y Oo L` N N W q\ \ 55.9 129.92 0 to O_ ?� x 1000 ` I I (C.S. 25,446) H f o` c sco 2.22Ac. N m ,°°'' 1 5 2.1 6 C 1 6 0 0 0\ z �O 0 4 Nom\ fir IO N 98' n6.2 96' 1 21.0 8 31.08 O e z ° •.5.4c. 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L SE C O R. 20871 ____ I EASEMENT ' DOBBINS 128.08 2000 o \ z l03 St , 1 Ott � � i t 52=ti In 6.45 Ac. eo � ti � I 9 7 -I- .. 0 1 - SEE MAP • �� •�, w - I I � S E E a F,�,^ • I- 004 0 0 I S 136C C `k s�o Q�PF °�• ° m 2 °I N I S 1 3 • 6• *b7 60 1\' .3/Ac. N N I 1 O S� .... ' I 1 • 6� N I ".ittly - - 208 71 J.N 34 4�8 I -208 r 1- -� I u . ,ti9 Z7 � m - �. LL1 %" ti I m a ...1 L --- 31.55 N «,� 43 00 li � N 25»5 3.53AC. m o (C.5. 24,389) j 'n \ ' e (C.S. 24,973) o D c ''� �, -�� \ SAL c y<Pt.' 1 ij4 47 411V 4 1 i- x II, _... _ i l w 0 4 a2 -,- --. ..___f O �° N� �� 0 v w C] . • a n, N 4 :, o) h.) . o IMAM 0 v) I. •#4 5, to OD 4p°r1, N 0 o `' tri) Q Q e..0 obi v) w ,.. N 11 t 0. lk 0i Po. 6' .d 4 01114%.0 p �d 49 .w.._.� i 0 ilk Any P� coArPtIRtAric LI cATj o N No �,Es � 1 } CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES City of Tigard, Oregon NON-RESIDENTIAL DATE ////z/1G STAFF: 14/if D 4itJJ12E,�I APPLICANT: AGENT: 4RRy 4BE// Phone: ( ) Phone: ( } Z 3/-//!Z PROPERTY LOCATION: ADDRESS: //7D 3 51,0 ?AC/F/ ,1-46f/v2Ay TAX MAP/TAX LOT: /5/ 36c D - /$OO, / •oc NECESSARY APPLICATION(S): 5/7F Dc 1/ECO2A4 FtT r RFV 1 uJ PROPOSAL DESCRIPTION: 5,500 /41/{7 7-0)(5 RET,¢/Y 570T'E COMPREHENSIVE PLAN DESIGNATION: —&" ZONING DESIGNATION: C—C7 CITIZEN INVOLVEMENT E"157- FACILITATOR: TEAM AREA: PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: —' sq. ft. Average lot width: 50ft. Maximum building height: Z{S' ft. Setbacks: front — ft. side —ft. rear _ ft. corner --- ft. from street. Maximum site coverage: `35 % Minimum landscaped or natural vegetation area: /'S % (Refer to Code Section 18. 6Z. ) ADDITIONAL LOT DIM SIONAL REQUIREMENTS Minimum lot ntage: 25 feet unless lot is created through the minor land partition process. Lots created as art of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot a access easement. CITY OF TIGARD Pre-Application Conference Notes Page 1 of B NON-Residential application:Planning Department Section The depth of all lot shall not exceed 24 times the average w,n, unless the parcel is less than 14 times the minimum of size of the applicable zoning district. (Refer to Code Section .164.060 - Lots) SPECIAL SETBACKS / / • Streets: 5c) / /- 7 feet from the centerline of qqW Pflie7 lQU�/Y • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard s back. (Refer to Code Section and 18.96) SPECIAL BUILDING HEIGHT PROVISIONS Building Height Exceptions - Buildings located in a non-residential zone may be built to a height of 75 feet provided: 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 1/2 (half) of the building's height; and ➢ The structure will not abut a residential zone district. (Refer to Code Section 18.98.020) (ARKING AND ACCES> Required parking for this type of use: /• 50o Parking shown on preliminary plan(s): Secondary use required parking: Parking shown on preliminary plan(s): 7 No more than 40% of required spaces may be designated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking space dimensions: 8 ft. 8 inches X 18 ft. Compact parking space dimensions: 8 ft. X 15 ft. (Refer to Code Section 18.106.020) —� ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. i Minimum number of accesses: y Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use qu areas: (Refer to a Section 18.106 and 18.108) CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential application/Planning Department Section 7 ALKWAY REQUIREMENTS Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. (Refer to Code Section 18.108.050) LOADING AREA R UIREMENTS Every commerce or industrial building in excess of 10,000 square feet shall be provided with a loading space. The ce size and location shall be as approved by the City Engineer. (Refer to Code Section .106.070-090) CLEAR VISION ARE The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along 7 454 4 ? Cycliw(r LANDSCAPING Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential application/Planning Department Section r�A minimum of one (1) tree for every seven (7) parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. (Refer to Code Section 18.114) SENSITIVE LA DS The Co. - provides regulations for lands which are potentially unsuitable for development due to areas wit in the 100-year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, o on unstable ground. Staff will attempt to preliminary identify sensitive lands areas at the pre-applicat .n conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the +efinitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most cases, dedication of 100- year floodplain a eas to the City for park and open space areas is required as a condition of the approval of a dev- opment application. �-(Refer to Code Secti. 18.84) EITB E REMOVAL PLAN REQUIR A tree pan 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, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; CITY OF TIGARD Pre•Application Conference Notes Page 4 of 8 NON Residential applicationiPlanning Department Section Y • Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; • Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.025) MITIGATION Replacement of a tree shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. • If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer to Code Section 18.150.070 (D) CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON Residential application/Planning Department Section (ARRATI ?) The applicant shall submit a narrative which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Section 18.32) CODE SECTIONS 18.80 18.92 ..- 18.100 _-18.108 � 18.120 18.150 18.84 18.96 18.102 18.114 18.130 18.160 18.88 18.98 ./18.106 _ 18.116 18.134 _ 18.162 18.164 VIPACT STUD�I As a part of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Chapter 18.32 Section .050) When a condition of approval requires 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. (Refer to Code Chapter 18.32 Section .250) EIGHBORHOOD MEETI The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. (Refer to the Neighborhood Meeting Handout) ECYCLI�I Applicant should contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. (Refer to Code Section 18.116) CITY OF TIGARD Pre-Application Conference Notes Page 6 of S NON Residential application/Planning Department Section ADDITIONAL CONCERNS OR COMMENTS: 5/-64 Ref DR!LIE WA-( wi7/-/ C-c='S-TC a . PROCEDURE —Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential application/Planning Department Section ! r The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard P/4N/A1'/Vl ecMMf 4SIG/V . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) is/are required if an application(s) is/are to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: IAA// IU51411)&4 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639-4171 FAX: (503) 684-7297 h:\login\patty\masters\preapp-c.mst (Engineering Section:masters\preapp-c.eng) July 19, 1996 CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential applicatianiPlanning Department Section kst 3e c# t4(x) r , % it City of Tigard, Oregon PRE-APPLICATION CONFERENCE NOTES ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre-application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use App 'cation review process with the applicant and to identify who the final decision making authority ss II be for the application. The extent of necessary public improvements an dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. • Approval of a development application for this site will require right-of-way dedication for: Mac4+4- 1-*C. Fes— L4 D 1/42%exertisk , Almost-E.-7 -tom (1.) T rAS C` to � . F t C..a_..... .. Fer-Vine (2.) to feet from centerline. (3.) to feet from centerline. Street improvements: -, 1 I, �a (1.) Is' street improvements will be necessary along DPI---aksAC-4 (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. (4) P-°r-Fts-- S-61>-f CITY OF TIGARD Pre-Application Conference Notes Page 1 of 3 Engineering Department Section In some cases, where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: (1 .) (2.) Pedestrianways/bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in () 114-.1 b 4( . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water Supply: 01/41Sff. The l lug Water pct Phone:(503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Vs" Opie it.,%-siN Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: C'DV- ' -- kC c c a t r SCE CITY OF TIGARD Pre-Application Conference Notes Page 2 of 3 Engineering Department Section Storm sewer improvements: STORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $180.00. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. I rl- TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. A {--itUt � �t� t Ti0c-/ . STREET OPENING PERMIT No work shall be performed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: 1 I IZ-q(v ENGINEERING DEPARTMENT Phone: (503) 639-4171 Fax: (503) 684-7297 h:Uogi n\patty\prea pp.a ng (Master section preapp-r mst) April 23. 1996 CITY OF TIGARD Pre-Application Conference Notes Page 3 of 3 Engineering Department Section CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT ^".1,11, APPLICATION CHECKLIST --- CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: kl./i//DANDRM Date: ////Zlq(o 'APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS I A) Application form (1 copy) B) Owner's signature/written authorization t3' C) Title transfer instrument/or grant deed o' D) Applicant's statement No. of Copies /$ E) Filing Fee $ SEE FEE 5c E. I SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS A) Site Information showing: No. of Copies I$ 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) I� 4. Drainage patterns, courses, and ponds e' 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% a (c) Unstable ground o (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils a 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level 8. Location of existing structures and their uses t� 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements 11 . Location of existing dedicated right-of-ways I" LAND LSE APPLICATION I LIST PAGE 1 OF 5 B) Site Development Plan Indicating: No. of Copies 1 ? 1 . The proposed site and surrounding properties d 2. Contour line intervals 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties Er (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site d (b) Parking and circulation areas Er (c) Loading and services area GK. (d) Pedestrian and bicycle circulation ei (e) Outdoor common areas ❑ (f) Above ground utilities 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site tr (b) Proposed structures, improvements, utilities and easements on the site ri 6. Storm drainage facilities and analysis of downstream conditions t' 7. Sanitary sewer facilities 8. The location areas to be landscaped 3' 9. The location and type of outdoor lighting considering crime prevention techniques (27 10. The location of mailboxes c 11 . The location of all structures and their orientation it 12. Existing or proposed sewer reimbursement agreements C) Grading Plan Indicating: No. of Copies / The site development plan shall include a grading plan it the same scale as the site analysis drawings and shall contain the following information: 1 . The location and extent to which grading will take place indicating: (a) General contour lines t' (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development tY 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals d (c) That all problems will be mitigated and how they will be mitigated o' LAND LSE APPL:UTloN/LIST PAGE: CF 5 D) Architectural Dra%% s Indicating: No. of Copies 1F The site development plan proposal shall include: 1 . Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies 1 �f The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1 . Description of the irrigation system where applicable o 2. Location and height of fences, buffers and screenings �a- 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, size and species of existing and proposed plant materials 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ F) Sign Drawings: ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation imate: ❑ H) Prelimina Partition! of Line Ad-ustment Ma. Indicatin_: No. of Copies 1 . The owner of the subject parcel ❑ 2. The owner's auth.rized agent ❑ 3. The map scale (21',50,100 or 200 feet- 1) inch north arrow and date ❑ 4. Description of pa el location and boundaries ❑ 5. Location, width a d names of streets, easements and other public ways within and ..jacent to the parcel ❑ 6. Location of all pe anent buildings on and within 25 feet of all property lines ❑ 7. Location and widt of all water courses ❑ 8. Location of any tre-s within 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes greater t an 25% ❑ 10. Location of existing utilities and utility easements ❑ 11. For major land parti ion which creates a public street: (a) The proposed 'ght-of-way location and width ❑ (b) A scaled cross- ection of the proposed street plus any reserve strip ❑ 12. Any applicable deed estrictions ❑ 13. Evidence that land p. ition will not preclude efficient future land division where applic:ble ❑ LAND LSE APPLICATION/LIST PAGE 3 OF 3 I) Subdivision Prelimi r Plat Map and Data Indicating: No. of Copies 1. Scale equalint 30,50,100 or 200 feet to the inch and limited to one phase per she t ❑ 2. The proposed name of the subdivision ❑ 3. Vicinity map showing property's relationship to arterial and collector streets, ❑ 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un-subdivided land ❑ 8. Contour lines related to a City-established benchmark at 2-foot intervals for 0-10% grades greater than 10% ❑ 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right-of-ways and easements ❑ (b) Public and private sanitary and storm sewer lines ❑ (c) Domestic water mains including fire hydrants ❑ (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbr4nces ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pip sizes indicated on the plans ❑ 11. Plan of the propose water distribution system, showing pipe sizes and the location of valve and fire hydrants ❑ 12. Approximate centerli e profiles showing the finished grade of all streets including street exte ions for a reasonable distance beyond the limits of the proposed subdivi•ion ❑ 13. Scaled cross sections .f proposed street right-of-way(s) ❑ 14. The location of all ar=.s subject to inundation or storm water overflow ❑ 15. Location, width & dirzction of flow of all water courses & drainage-ways ❑ 16. The proposed lot conf gurations, approximate lot dimensions and lot numbers. Where I',ts are to be used for purposes other than residential, it shall be i dicated upon such lots. ❑ 17. The location of all tree with a diameter 6 inches or greater measured at 4 feet above ground le -I, and the location of proposed tree plantings ❑ 18. The existing uses of the •roperty, including the location of all structures and the present uses of t e structures, and a statement of which structures are to remain after platti g ❑ 19. Supplemental informatio including: (a) Proposed deed restr ions (if any) ❑ (b) Proof of property o ership ❑ (c) A proposed plan for orovision of subdivision improvements ❑ 20. Existing natural features including rock outcroppings, wetlands & marsh areas ❑ 21 . If any of the foregoing infor ation cannot practicably be shown on the preliminary plat, it shall be 'ncorporated into a narrative and submitted with the application ❑ LAND LSE APPLICATION 1 LIST PACE 4 OF 5 I) Solar Access Calculations: ❑ K) Other Information No. of Copies ❑ h:'Jo gi n\p atty\rnastersUtid ist.m st May 23, 1995 LAND LSE APPLICATION J LIST PACE 5 OF 5 G�4‘ 4- CV - A4400 SITE PLAN CAR TOYS/TIGARD 10/15/96 152.16 C 121. 08 31.08 i0 co ' IIB,2 p 40 -- --T 1300 0 3 �,'f AA a ` . 1 .3lAc NI of a.5. f300Af o v crik727- C____. -‹ N c. _ C'4)O ;3� 85.4C_ o - `ph e N - ,�`a0 ``3 g �, CT 1 \<\\\Otk <D\ __— ° • , i800-( \C 01 .t3 f (J\ 190 0 n .*o • 32 Ac �X3. ♦4b Off\ p 4jZ' t! Q rC S89° 22.E 4 "0 - 24u `; • ' CO \Ciji t,• 266.4 ' • 2 . ■ i� CHICAGO if g• 2200 GO /2.9O4c. Y"!ur sod ra ; E A 5 E M OCiatiN iatx Irma writ r ,o,e Eli T 94_ !o sYreei';aritf otter wools. � �t'hile ihis n �s bal�e+� ` 10952$ ' be anrtect. IRP companera .,.. ` Mitten/ter any tv jinn '‘:reusora of rte:- ''.'�fi i�t .3•..'f'.. .' iIYI Q ...r.-s; :4A.13 LT LA• till • - ..to - i rY " RECEIVED PLANNING OCT 2 8 1996 October 24, 1996 %I\ ►i■► Will D'Andrea City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Preap conference for Car•Toys Site at 11700 SW Pacific Highway Dear Will: Please accept thisletter as our request for a preapplication conference on the project referenced above. We have enclosed the $240 fee and hope to be on the earliest available meeting date. ARCHITECT•LA PC The project consists of a one story auto service related commercial business that that sells and installs car stereos type products. The area of the building is approximately 5500 square feet. We are proposing 22 parking spaces plus two handicap spaces for a total of 24 spaces. The access is proposed to remain off SW&h and all utilities are available to this site. DAIZTMOUT#. The building is designed to fit in with surrounding properties and consists of masonry block and stucco with a storefront glazing system for display and access, The site is sloped but is currently developed. We will be removing the existing building and constructing new. There is ample site to provide the required landscaping. Signage will comply with City ordinances. Please let me know the date of the conference and if any additional material i5 required at this time. Thank you. Sincerely, Larry Abell, AIA, NCARB President copy: Car•Toys 805 SE Sherman St. Portland, OR 97214 503-231-1122 Voice 503-231-0317 Fox I - ft qr,toi h i8�g G -lb�l Tdiri e� izate) NOTICE OF DECISION Ak.„ SITE DEVELOPMENT REVIEW (SDR) 96-0021 CITY OF TIGARD TIGARD ALIGNMENT AND AUTO BODY- REVISED PLAN SECTION I: APPLICATION SUMMARY CASES: FILE NAME: TIGARD ALIGNMENT & AUTO BODY Site Development Review SDR 96-0021 Variance VAR 96-0011 PROPOSAL: 1. The applicant has requested Site Development review approval to allow the construction of a 12,500 square foot alignment shop; 2. Variance approval from 15 feet of a required 20-foot buffer where a commercial development adjoins a single-family residence. APPLICANT: Baynard Mentrum OWNER: Jack Henderson 503 NW Irving, Suite 210A 10915 SW Greenburg Road Portland, OR 97209 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: CBD (Central Business District). ZONING DESIGNATION: CBD (Central Business District). LOCATION: 9075 SW Burnham Street; WCTM 2S1 2AD, TAX LOT 1400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.66, 18.100, 18.102, 18.106. 18.108, 18.114, 18.116, 18.120, 18.134, and 18.164. SECTION II: DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION SDR 96-0021N<,R 96-0011 -TIGARD ALIGNMENT Page 1 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to issuance of a building permit, a public improvement permit and compliance agreement is required for this project to cover the half-street improvement in SW Burnham Street. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee, and a sign installation/streetlight fee is required. 3. Prior to issuance of the building permit, additional right-of-way shall be dedicated to the Public along the frontage of SW Burnham Street to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 4. The applicant's public improvement plans shall indicate that he will construct standard half-street improvements along the frontage of SW Burnham Street. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet; b. Pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; c. Curb and gutter; d. Storm drainage, including any off-site storm drainage necessary to convey subsurface run-off; e. The existing catch basins along the frontage of the site shall be removed and replaced with standard City catch basins adjacent to the new curb; NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 2 f. A six (6) foot concrete sidewalk; g. Street striping; h. Streetlights as determined by the City Engineer; Underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); j. Street signs (if applicable); k. Driveway apron; and Adjustments in vertical and/or horizontal alignment to construct SW Burnham Street safely, as approved by the Engineering Department. 5. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 6. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 7. Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact: Mark Roberts. The revised plans shall include the following: a. The applicant shall either complete an impact study waiver agreement or provide an impact study; b. A certified arborist shall prepare a tree mitigation plan for the replacement of eight and a half (8' ) of the 17-caliper inches that are to be lost. Through the construction process if it is not possible to preserve the second tree, a 17- caliper inch Oak tree, then a total of 34-caliper inches shall be mitigated. This mitigation is in addition to the required minimum landscaping, street trees, and parking lot trees. Mitigation may be in the form of replacement caliper inches or payment into a City-wide account for tree replacement; c. Tree protection measures including signage shall be constructed around the existing 17-inch Oak tree that is to be preserved; d. The applicant shall obtain written approval from the franchise hauler for the location and design of the proposed trash and recycling enclosure; and NOTICE OF DECISION SOR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 3 e. The plan shall be revised to provide a minimum of two (2) bicycle parking spaces. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 8. All site improvements shall be installed and maintained as approved per the revised site plan. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The applicant previously proposed to develop a 5,715 square foot auto alignment shop. The design was approved with conditions through Site Development Review 96-0012. This decision became final on June 24, 1996. Due to difficulties the applicant had with constructing this design, a revised plan with 12,500 square feet was submitted for review. Vicinity Information: Properties to the north, south, east, and west are zoned Central Business District (CBD). The surrounding area is predominantly developed with commercial uses. The adjacent property to the west is developed with three structures: an office building, a residence, and what appears to be a metal pole barn for storage and shop uses. The adjacent property to the east is currently developed with a Mannings Auto Center, an automotive repair facility. Site Information and Proposal Description: The 40,300 square foot site is currently developed with a single-family residence and a detached accessory building. The property has frontage on SW Burnham Street and has natural vegetation and a few trees. The property slopes toward SW Burnham Street from an elevation of approximately 160 feet to an elevation of approximately 152 feet. The applicant is proposing to demolish the existing residence and accessory building in order to construct a 12,500 square foot automobile alignment and auto body shop. The applicant is also requesting a variance to the 20-foot land use buffer that is required where the proposed commercial use is proposed adjacent to a residential use of property. NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 4 SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states 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 requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right-of-way to the public and waive the impact study analysis by dedicating the right-of-way and completion of a waiver statement. The proposed site plan proposes to develop the additional right- of-way to develop SW Burnham Street to its ultimate width. However, the application did not include either an impact study or a signed waiver agreement. The applicant shall either complete an impact study waiver agreement or provide an impact study. Use Classification: The applicant is proposing to construct an automotive alignment shop. This use is classified in Section 18.42 (Use Classifications) as Automotive and Equipment: Repairs, Light Equipment. Section 18.66.030 lists Automotive and Equipment: Repairs, Light Equipment as a permitted use in the Central Business District. Minimum Lot Area: Section 18.66.050 states that there is no minimum lot size or width requirement in the CBD. Developments within the CBD zone are required to provide a minimum of 15% landscaping. The plan as proposed provides for landscaping for over 15% of the site. Setbacks: Section 18.66.050 states that there are no setback requirements, except 30 feet shall be required where a commercial use within the district abuts a residential zoning district. The maximum building height is 80 feet. The site does not abut a residential zoning aistrict. The applicant is proposing a building of approximately 22 feet in compliance with the maximum height limit. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement is satisfied as the applicant has submitted a landscape plan indicating the number, type and location of trees and shrubs. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The proposed plan shows the provision of three (3) Red Sunset Maple trees, spaced 30 feet on center and maintenance of an existing 17-inch Oak tree. Due to their large size at maturity these trees satisfy this criteria. Screening: Special Provisions: Section 18.100.110(A) 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 NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 5 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 and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The Landscape Plan provides seven parking lot trees that are dispersed throughout the parking lot on the basis of one tree for every five and a half parking spaces. Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between proposed uses. The Matrix indicates that where a commercial development abuts a residential structure, the required buffer and screening width shall be 20 feet. The minimum improvements within a buffer area shall consist of the following: 1.) At least one (1) row of trees shall be planted. They shall be; not less than ten (10) feet high for deciduous trees and five (5) feet high for evergreen trees at the time of planting. Spacing of the trees depends on the size of the tree at maturity; 2.) In addition, at least 10, five-gallon shrubs or; 20, one-gallon shrubs shall be planted for each 1000 square feet of required buffer area; 3.) The remaining area shall be planted in lawn, groundcover, or spread with bark mulch. The applicant has requested a variance to this required 20-foot buffer. The variance request is discussed in the variance section below. Screening Requirements: Section 18.100.080(E) states that where screening is also required, the following standards shall apply in addition to those required for buffering: 1.) A hedge of narrow or broadleaf evergreen shrubs that will form a four (4) foot continuous screen within two (2) years of planting, or; 2.) An earthen berm planted with evergreen plant materials that will form a continuous screen six (6) feet in height within two (2) years. The unplanted portion of the berm shall be planted in lawn, ground cover, or bark mulch, or; 3.) A five (5) foot or taller fence, or wall, shall be constructed to provide a continuous sight obscuring screen. The applicant has requested a variance to this required 20-foot buffer. The variance request is discussed in the variance section below. NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 6 Visual Clearance Areas: Section 18.102 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 Obstructions that may be located in this area shall be visually clear between three (3), and eight (8) feet in height (trees may be placed within this area provided all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. The site and landscape improvements as proposed comply with this criteria as indicated on the plan submittal. Minimum Off-Street Parkins: Section 18.106.030(C)(20) requires a minimum of one (1) parking space per 400 square feet of gross floor area for General Retail Sales. Section 18.106.030(C)(7)(d) requires a minimum of one (1) parking space per 500 square feet of gross floor area for Automotive and Equipment: Repairs, light equipment The floor plan provides approximately 12,500 square feet of gross floor area. Approximately 750 square feet is to be developed for general retail sales which requires two (2) parking spaces. The remaining 11,750 square feet is to be developed for automotive repair. The number of parking spaces that are required is 24 spaces. A total of 26 spaces is required to be provided. The proposed site plan shows the provision of 37 parking spaces, satisfying this section. It is anticipated that additional general retail areas will need to be provided to serve future tenants, but that the additional parking spaces that are shown would be sufficient to serve these areas. It is the continuing responsibility of the developer of future tenant improvements to demonstrate that the site continues to comply with the minimum parking ratios. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires two disabled parking spaces if 26 to 50 parking spaces are provided. This section is satisfied as the proposed site plan shows the provision of two (2) disabled person parking spaces. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for every 15 required parking spaces in any development Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. A minimum of 26 parking spaces are required to serve this development, therefore, two (2) bicycle parking spaces shall be provided. The proposal does not indicate the provision of bicycle parking spaces. The applicant shall revise the site and/or landscape plan to include this parking. Access: Section 18.108.080 requires that commercial and industrial uses that require less than 100 parking spaces provide one (1) accesses with a minimum width of 30 feet and a minimum pavement width of 24 feet The preliminary site plan shows the provision of one (1) access drive with a width of 24 feet that satisfies this requirement. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Wherever required walkways cross vehicle access driveways or parking NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 7 lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking. This shall be provided either by a minimum of a six (6) inch vertical separation (curbed) or a minimum three (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 (4) 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. The plan shows a pedestrian connection from the main building entrance to SW Burnham Street, thereby, satisfying this criteria. Signs: Section 18.114.130(C) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. Mixed Solid Waste and Recyclable Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclable prior to pick-up and removal by haulers. The applicant must submit a written sign-off from the franchise hauler regarding the facility location and compatibility. Site Development Review: Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters, 18.100, 18.102, 18.106, 18.108, 18.114, 18.150 and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards. Section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year floodplain), 18.120.180.9 (Demarcation of Spaces), and are, therefore, found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater shall be preserved or replaced by new plantings of equal character. The site is currently developed with a residential structure and some existing vegetation. The site also currently has several trees. Due to site grading and the limited area for building and parking lot siting, the majority of the existing vegetation is proposed to be removed. Topography and drainage changes are not NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 8 substantial and shall comply with City standards. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The plan will also include parking lot and street trees. Buffering,. Screening and Compa_tibilj y between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This proposal does not abut a use that requires a buffer as required in the Buffer Matrix (18.100.130). This criteria will be satisfied as addressed in the buffer matrix section below. Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. The plans show the provision of landscaping that is intended to provide screening in accordance with this section. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. This section is satisfied as the applicant has submitted exterior lighting and landscape plans to the Police Department. The Police Department reviewed and approved of these plans as proposed. Variance: Section 18.134.050 provides criteria for granting a variance. The applicant has requested a variance to the 20-foot buffer setback requirement to reduce this setback to five feet. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. Buffering and screening is required to reduce the impacts on adjacent uses that are of a different type in accordance with the matrix. 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. A buffer is typically required where the adjacent property is developed as a residential property. Since the majority of the property is developed as a commercial use and the residence is in the middle of the property, a buffer would only be required in the middle of the subject property. A variance to the buffer would not be detrimental to the purposes of this title as the adjacent property is developed with more commercial uses than residential uses. The structure located north of the existing residence is used as an automotive repair business and the area south of the residence, as an outdoor storage area for materials, including pipes, associated with an office building. The proposed structure is located approximately 50 feet from the existing residential structure. The existing residence currently has the Tigard Vision Center building located approximately 45 feet to the west. The proposed structure is, therefore, further away than development on the aajoining property to the west. To lesson the impact on the residence, the applicant is proposing to provide a five-foot landscaped area behind the proposed building. This would buffer and screen the side of the building and the parking lot. All other City standards will be maintained as reviewed in this review process. NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 9 There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district. The special circumstance that exists is the developed nature of the adjoining property. The adjoining property is currently developed with three structures: an office building, a residence, and what appears to be a metal polebarn/storage area/shop. The existing single-family residence is classified as a non-conforming use and structure. If the structure were to be destroyed, it would not be permitted to be rebuilt on the property. The buffer matrix states that where a commercial use is proposed adjacent to a residential use, a 20-foot buffer is required. Since the majority of the property is developed as a commercial use and the residence is in the middle of the property, a buffer would only be required in the middle of the subject property. The buffer is typically required where the adjacent property is developed strictly as a residential property. Due to the site's narrow width, compliance with the minimum buffer setback under most design scenarios would orient site uses so that the primary activities would open up onto the existing residential use. As proposed, the site backs into the residential use. Screening of site activities would be provided by the building itself if developed as proposed. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The requested variance will in no way affect the permitted use status of the proposed alignment and auto body shop. This variance is limited to the buffer requirement where a commercial development abuts a residential use. All other City standards will be maintained as reviewed in this staff report. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title. The impact of this variance will be limited to a reduction of a buffer area. Natural systems will not be effected by this variance, nor will there be changes in traffic or drainage as a result of this variance. The hardship is not self-imposed and the variance requested is the minimum variance that would alleviate the hardship. The hardship is not self-imposed as the applicant has no control over the developed nature of the adjacent property. The variance is the minimum variance that would alleviate the hardship and allow for the future development of the property to occur in an efficient manner. If the applicant were required to provide the buffer, the plan would have to be revised and the building moved. Given the requirement for a 24 foot wide driveway along the east property line, the remaining building envelope would be 59 feet wide. This would limit the layout and operations of the proposed repair facility. Tree Removal: Section 18.150.025 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 NOTICE OF DECISION SOR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 10 defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided a plan that identifies all existing trees greater than six-inches in caliper. This section requires a program to save existing trees or mitigate tree removal for trees over 12-inches in caliper. The inventory identified two (2) trees greater than 12-inch caliper that total approximately 34-caliper inches. The proposed site plan shows that one (1) of the trees will be saved. The applicant proposes to retain 50 percent of the existing trees in excess of 12-inches in caliper. The tree removal regulations requires a mitigation program in accordance with Section 18.150.070.D of 50 percent of the caliper inches that are lost. The applicant shall, therefore, provide a mitigation plan that provides for no more than a 50 percent net loss of trees in accordance with this section. The plan shall demonstrate mitigation of a minimum of eight and a half (81/4) caliper inches. Through the construction process, if it is found to be impossible to preserve either existing 17-caliper inch Oak tree, the applicant shall mitigate for the entire 34 caliper inches that have been lost. This mitigation is in addition to the required minimum landscaping, street trees, and parking lot trees. PUBLIC FACILITY CONCERNS: Sections' 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains), (Storm Water Quality), (Grading and Erosion Control) shall be satisfied as specified below: STREETS: This site is adjacent to SW Burnham Street, which is classified as a major collector street to be built to the following standard: 60-foot right-of-way (ROW), two 16-foot travel lanes, one 12-foot center turn lane and two six foot sidewalks. At present, there is 20 feet of ROW from centerline adjacent to this site. The applicant proposes to dedicate additional ROW to provide 30 feet from centerline to meet current standards. The applicant should also be required to construct a half-street improvement adjacent to the site frontage in order to mitigate the impact of this development. The applicant's plans indicate that such an improvement will be provided. The plans also indicate that the applicant proposes to tie onto the existing edge of pavement to widen the roadway. Staff has inspected the existing pavement, which appears to not meet City standards. The surface is cracked and rutted with several areas of deterioration. Staff recommends the applicant be required to build the half-street improvement completely to centerline, as is typically the standard. One other concern with the applicant's plan is a proposal to construct the street improvement, but to leave an existing catch basin at the west end of the frontage in place. Once the street is widened, the basin would be left in the middle of the westbound travel lane. The applicant's engineer proposes to install a locking metal lid over the existing catch basin to prevent it from being removed. Staff does not recommend approval of this design because the existing basin does not meet current City standards; if it is left in the middle of the travel lane there will be a tendency for the pavement to deteriorate around it. The existing catch basin should be completely removed and replaced with a new standard NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 11 catch basin at curb side. There is another existing catch basin at the east end of the frontage that also should be removed and replaced with a standard City basin. SANITARY SEWER: There is an existing 10-inch public sanitary sewer line adjacent to the east property line of this site with existing stubs to serve the development. The applicant's plans indicate the new building will be served from the existing lateral. STORM DRAINAGE: Storm water from this site will be conveyed to the south toward the new catch basin in SW Burnham Street. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) 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 is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant's plan indicates that a "trench drain" will be installed on the site to collect a portion of the storm water prior to its release into the public system. However, Staff did not receive any information regarding the trench, and whether or not it is intended to serve as a water quality facility. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates 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 that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: OTHER STAFF COMMENTS The Water Department has reviewed this proposal and states that under current fire code all portions of a commercial building (unsprinklered) must be within 250 feet of a fire hydrant. Also the water meter size may need to be adjusted. Typically buildings of this size require a one-inch meter. NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 12 The Police, Maintenance Services and Building Departments have reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and provided the following comments: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for not more than two dwelling units), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1). Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). (UFC Sec. 902.2.2.2). Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4). Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(l)(2) & (3)). Fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. (UFC Sec. 901.4.5.2). The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec. 903.4.2.1). NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 13 No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. (UFC Sec. 903.4.2.1). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available form the Fire Marshal's office. (UFC Sec. 903.3). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704). Unified Sewerage Agency has reviewed this proposal and provided the following comments concerning this proposal: The developer must provide a water quality facility to treat the new impervious surface being constructed as part of this development. Hydraulic and hydrological analysis of a storm conveyance should be provided. 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 as provided in R&O 96-44. Upsizing a midline segment of the storm may create a constriction/debris point. The existing sanitary line must be included in a public sewer easement along the east property line. TRI-MET has reviewed this application and provided the following comments concerning this application: Tri-Met appreciates the opportunity to comment on the proposed 12,500 square foot automotive repair facility. Tri-Met's Line 45 runs adjacent to the site on SW Burnham and is serviced by stops at Ash Street and Burnham Street. The site is considered to be served by transit. TRI-MET STAFF RECOMMENDATIONS 1. Provide a sidewalk along Burnham Street. It is unclear whether sidewalks will be provided along Burnham. Sidewalks will contribute to the pedestrian network and provide access to transit and other destinations. Refer to the attached Diagram A. 2. Provide sidewalks along the perimeter of the site. Perimeter sidewalks along the northeast and southeast edges of the site help to provide pedestrian movement while maintaining a separation of pedestrian and automobile traffic. Stub the sidewalk to adjacent property lines to facilitate future connections with adjacent parcels. Refer to attached Diagrams A. 3. Provide sidewalk-grade pedestrian crossings where sidewalks and driveways intersect. Maintaining a consistent pedestrian surface grade effectively creates a speed plateau that slows traffic and alerts drivers to approaching pedestrians. Refer to attached Diagram A. NOTICE OF DECISION SOR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 14 Note: A sidewalk is proposed along the street frontage as discussed in the first recommendation. A direct walkway has also been provided from SW Burnham Street to the building entrance. A walkway system around the perimeter of the development site as discussed in the second recommendation is not presently required. Providing a walkway would mean that the applicant would not be able to comply with the 15% minimum landscape requirement for the overall site and also meet loading and functional site needs of this use type. Typically, an automotive repair facility provides a two-way aisle width in excess of the minimum 24-foot two way aisle width to accommodate preliminary repair inspections, vehicles to be moved inside for repair, and for loading and unloading. Due to the site width it is not possible to provide this walkway system and also provide for these service needs given the overall site width. The site plan addresses the third recommendation as proposed by complying with the maximum crossing width. An at grade pedestrian crossing is also not presently required by the Development Code. GTE has reviewed this proposal and states that the developer is to provide conduit to GTE's specifications and is to coordinate with PGE, GTE and cable tv for undergrounding of existing utility lines. PGE has reviewed this application and have offered no comments or objections. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON NOVEMBER 27, 1996 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Sections 18.32.290(A) and Section 18.32.340 of the Community Development Code which provides that a written appeal must be filed. The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning Division at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 15 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. :// November 14. 1996 PREPARED BY: Mark Roberts DATE Associate Planner 77//7,4464 GL' r3 November 14, 1996 APPROVED BY: Richard'Bewersdorff DATE Planning Manager I.\CURPLMMark_RISD R96-21.dec NOTICE OF DECISION SDR 96-0021NAR 96-0011 -TIGARD ALIGNMENT Page 16 rnl`j r-- 1 " . 4 I 0 ,.1 di p ,,. El ti . • 8 ` I Y Y .o�' D D - ..� '� ] --—z Jj • N.219'00.C )a 1 r ' rung[ � r/C"S a ii it' 111 ,� ��,_4, . �p 'ROPO D BUIL)ING 6. ''�.. F FOR EL 155.5 F'lNI HED/ LOOR F.L. 157.5 ill 4- AIL �� risk' 1,110Allblyst.-"""Rigirill:J, • „ i i . 4 0111411140. )IIA - . .. ..=main' .�etraut : ••inf/ d _ . mum : ? itipre :,... ' N , ,, CG D a n : d �! D I • 00U.) 1j t tt \,,ik Al g • ' .,4.. 01 4i 7 r+ ._ •, ummas.uro aA� • Cam♦ 1 .! 9055 S.r. Mew ■N• N+ y 11 z CITY OF TIGARD PLANNING DEPT. •14, ,r77 Ho AN 7 / - ,I\ y • _ 1 a to., T--- 1-1 asp. am ivr 4 ****0 0 ** 47 ■ vaL , .•of - ••■■ % ..tw4, 4 le " **i... .04, 44, 1 Pc Rv, * ,_._ 4 . , 41 A,, ‘. .AN_ . cu .1 ,4 a .tss . .\\ -...,‘ A ,„ A , 0 . %■•■■ 1--1 A#0 4V -A... 1,74' s ' 10 ■ '2' ■ ■ ,,„ „„.47,s1,,, , _ > ‘ 1 ,1,11r\, ,- .. , • \ , , all N \ ' . *AT. . .*.114 41* .> 18: -2 cu i 121 4&444 • i Lb .-0-• * >, 0 fr WA :1-• AP ' 44****-W . 0 ,■ 4 * - . * A *am 10 tow - 0 d _ t UciniryNp /� SDR 96002WAR960011 �,� Turd Ali gmrerrt Revised Plan NOTICE OF DECISION MINOR LAND PARTITION (MLP) 96-0017 ►, LOT LINE ADJUSTMENT (MIS) 96-0026 CITY TIIGARD COOPER I. APPLICATION SUMMARY CASE: FILE NAME: COOPER PARTITION/LOT LINE ADJ. Minor Land Partition MLP 96-0017 Lot Line Adjustment MIS 96-0026 PROPOSAL: A request for the following development applications: 1.) Lot Line Adjustment to exchange approximately 1,500 square feet between two properties (tax lots 5500 and 9500). 2.) Minor Land Partition approval to divide one (1) parcel of approximately 36,400 square feet into three (3) parcels of approximately 8,100, 15,435, and 11,625 square feet. APPLICANT: Harold Cooper OWNER: Same 6560 SW Alfred Street Tigard, OR 97223 ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre). LOCATION: 6600 SW Alfred Street (WCTM 1S1 25DA, Tax Lots 5500 and 9500). East of SW 89th Avenue and on the south side of SW Alfred Street. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.162.040, 18.162.050, 18.162.060, 18.164.030, 18.164.090, and 18.164.100. SECTION II: DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 1 CONDITIONS OF APPROVAL PRIOR TO THE APPROVAL OF THE FINAL PARTITION PLAT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to approval of the final plat, a Street Opening Permit will be required for this project to cover the storm water connection to the system in SW Ventura Court. The applicant will need to submit five (5) copies of the proposed public improvement plans 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. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Prior to approval of the final plat, the applicant shall obtain a Site Permit from the Building Department to cover all grading for the lot(s), all on-site private utility installation (water, sewer, storm, etc.), and all driveway construction. NOTE: this permit is separate from any permit issued by the Engineering Department for work in the public right-of-way. 4. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to approval of the final plat. The applicant will need an off-site storm drainage easement from the owner of Tax Lot 6800, WCTM 1S1 25DD. 5. The applicant shall either place the existing overhead utility lines along SW Alfred Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid to the City prior to approval of the final plat. 6. Final Plat Application Submission Requirements: A. Three (3) mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 2 • 7. Screening of the flag pole adjacent to parcel two (2), in accordance with Section 18.100.080 and 18.100.090. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 8. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 9. Prior to issuance of the building permits for Parcels 1 and 3, the applicant shall pay the standard water quality fee of$180.00 per lot. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL DECISION DATE NOTED UNDER THE PROCESS AND APPEAL SECTION BELOW. III. BACKGROUND INFORMATION Property History: Tax lot 9500 was created through an approved Minor Land Partition (MLP 89-13). No other development applications were found to have been filed with the City. Site Information and Proposal Description: The property is currently developed with a single-family residence. The applicant is proposing a Lot Line Adjustment to exchange approximately 1,500 square feet between two properties (tax lots 5500 and 9500) and a Minor Land Partition approval to divide one (1) parcel of approximately 36,400 square feet into three (3) parcels of approximately 8,100, 15,435, and 11,625 square feet. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 3 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines, however, an additional parcel will not be created by the adjustment. Both lots will exceed the 7,500 square foot minimum lot size and the 50-foot average minimum lot width requirements of the R-4.5 zone. All site development improvements will remain consistent with Code requirements. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet, or have a legally recorded minimum 15-foot-wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 4 sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as the proposed lot widths are approximately 100 and 155 feet respectively, exceeding the minimum 50-foot lot width requirement in the R-4.5 zone. Criteria 2 is satisfied as this adjustment would create lots of approximately 15,003 and 36,400 square feet, exceeding the 7,500 square foot minimum lot size requirement. Criteria 3 is satisfied as lot 9500 has 15 feet of frontage on SW Alfred Street and lot 5500 has 155 feet of frontage on SW Alfred Street. Criteria 4 is satisfied as the area to be adjusted in not in an area which would affect setbacks. Criteria 5 and 6 are satisfied as the adjustment does not create flag lots. The partition however, does create a flag lot and is addressed later in the partition analysis section which follows. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not applicable as a shared driveway is not proposed with this application. Criteria 9 is satisfied as the residences will continue to use the existing driveways. Criteria 10 is not applicable as none of the parcels are within the floodplain. Minor Land Partition - Approval Standards : Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83-52). The proposal conforms with the City's Comprehensive Plan in that the newly created lots will continue to allow for residential development. This proposal, therefore, is not in conflict with the Low Density Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by this application and review process. Adequate public facilities shall be available to serve the proposal. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 5 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet, or have a legally recorded minimum 15-foot-wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as the proposed lot widths are approximately 90, 135, and 155 feet respectively, exceeding the minimum 50-foot lot width requirement in the R-4.5 zone. Criteria 2 is satisfied as this partition would create lots of approximately 8,100, 15,435, and 11,625 square feet; exceeding the 7,500 square foot minimum lot size requirement. Criteria 3 is satisfied as the proposed parcels have 90, 50, and 15 feet of frontage on SW Alfred Street. The required setbacks in the R-4.5 zone are as follows: front yard-20 feet; side yard-5 feet; rear yard-15 feet; and garage-20 feet. As indicated on the site plan, the existing single-family home on parcel two (2) complies with the setbacks, thereby, satisfying Criteria 4. Compliance with setbacks on the newly created parcels one (1) and two (2) will be reviewed when they are built upon. Criteria 5 and 6 are not applicable to lots one (1) and two (2) as neither of these lots are a flag lot. Criteria 5 shall be satisfied on parcel three (3) as front yard determination shall be reviewed during the building permit process when this parcel is built upon. Criteria 6 NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 6 shall be satisfied as the applicant shall submit a revised plan which provides screening along parcel two (2), in accordance with Section 18.100.080 and 18.100.090. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not applicable as a common driveway is not proposed with this application. Criteria 9 shall be satisfied as the current residence will continue to use the existing driveway and driveways shall be provided for the new lots when they are built upon. Criteria 10 is not applicable as none of the parcels are within the floodplain. Section 18.88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. As proposed, parcels one (1) and two (2) will meet the basic requirement. Parcel three (3) can only provide a north-south dimension of 75 feet due to the location of the existing residence and the required setbacks. The newly created lot is, therefore, exempt from meeting the basic standard. It should be noted that a new structure must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement. This means that any new structure to be built must maintain height and setback limits which avoid casting a shadow on solar features. Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets This site is located adjacent to SW Alfred Street which is classified as a local residential street. There is presently 50 feet of right-of-way (ROW) on this street, which is adequate for a local street. No additional dedications are required. The City recently completed an asphalt overlay of this street. No further improvements are warranted as a result of this application. Water: This site lies within the Tualatin Valley Water District (TVWD) service area. There is an existing public water main in SW Alfred Street. Any proposed connections for water service must be permitted through TVWD. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line in SW Alfred Street that can serve this site. The applicant has recently extended new service laterals from the main line under a City permit to serve the new lots. The plat indicates the necessary private utility easement that will cover the private sewer laterals for Lots 2 and 3. Storm Drainage: Storm water from this site will fall naturally to the southwest. The applicant is proposing to convey the storm water from the three (3) lots to the southeast corner of the site, then south across an adjacent parcel (Tax Lot 6800, WCTM 1S1 25 DD) to reach the NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 7 • storm system in SW Ventura Court. The applicant will need to obtain a 5-foot wide private storm drainage easement from the owner of Tax Lot 6800 prior to issuance of City permits. The applicant has stated that he has already spoken to the property owner who has agreed to provide him with the easement. The applicant shall provide the City with a copy of the executed storm drainage easement prior to approval of the final plat. The applicant will need to obtain a site permit from the building division to cover all on- site private storm drainage work, as well as the off-site private storm drainage line across Tax Lot 6800. The applicant will also need a Street Opening Permit from the City to cover the private storm line connection to the existing catch basin in SW Ventura Court. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, the R&O contains a provision that allows an exception for projects that are small in size. This partition will not result in a significant increase in hard surface area and it would be impractical to require the installation of an on-site water quality facility. Therefore, per the provision of the R&O, the City recommends the applicant pay the standard fee in-lieu of constructing a facility. This fee is equal to $180.00 per new lot and is payable at the time a building permit is issued. Grading and Erosion Control: USA R&O 91-47 also regulates 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 R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Alfred Street. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The fee is due prior to issuance of the site permit. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.), and driveway construction. This permit shall be obtained prior to approval of the final plat. NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 8 V. AGENCY AND OTHER STAFF COMMENTS The City of Tigard Maintenance Services Division states that a private easement for roof drains for rainwater is acceptable. If it is public, then this is not acceptable. Tualatin Valley Fire and Rescue states that plans for the proposed project are not approved. Please address the noted items (on file with the Planning Division) and resubmit plans for review and approval. Tualatin Valley Water District states that the applicant shall show the existing water meter for the existing house and provide adequate space to set the new water meter out of the sidewalk or traffic areas. Unified Sewerage Agency states that each lot shall be provided a means of disposal for sanitary and storm sewers without laterals crossing other lots as per Section 307 of the Uniform Plumbing Code. The City of Tigard Building Division and City of Tigard Police Department have reviewed the proposal and have offered no comments or objections. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON NOVEMBER 27, 1996 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Sections 18.32.290(A) and Section 18.32.340 of the Community Development Code which provides that a written appeal must be filed. The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning Division at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 9 THE DEADLINE FOR FILING AN APPEAL IS 3:30 P.M. ON NOVEMBER 27, 1996. Questions: If you have any questions, please call the City of Tigard Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. i4 ,'�� November 14, 1996 PREPARED BY: William D'Andrea DATE Associate Planner, AICP 7 ` November 14, 1996 APPROVED BY: Richard Bewersdorff DATE Planning Manager I.\CURPLN\WILL\MLP96-17.DEC NOTICE OF DECISION COOPER-MLP 96-0017/MIS 96-0026 PAGE 10 Ill- --.- u-z,-_ - ∎ •• Sand/ f 1_ . /35.00. • \ ` II \ race i — 1 I I , ��I Q `\ ' II 0 \ $1 ti II t 1I cr 1 1 17 Q 1 I \. Q `\ for r 0 �`�1\t I \s 4; 1 \ . - t pr 401!117 59 rf I 1 �\' � I t i I I\ I �� \I Q Q ``I v \` 7 1 ti i.47 I Q Q Isar•. Ra 6 \ " I Z I 4 _ N. UterQ.e„` 1 •_ Mean 5.n i7 , \ I I `. `-..., -re-, 'a..upon \ :I, ] ..... _, 0 Y "-- Q . 1I *``r-�Q . I Q '7 \ ... amen AIM •,�.� -• Z Obi n AI 1 .:I ` Z •... 'NA——...SrVIL!L_,,...___..,J____, (5'• g ``~` 1701 \` i I a` Q lows SO rf �. 1 I `'= .a.aT¢A \ . , I 1� _t • I ;Q.I�; :. a 1 1 •!wit', - 1 °e"s sin■ LOT 79 1 1 L.a i 78 1 LOT 77 , Q 1 I WASH I NG sON SQUARE ESTAi it- .V143 I ' V LOT 76 0 I I . .�f` s+or --`\ 1 it w..cann.r s.-11 Nom nwr II '"..........!■ ! O UN _ 11, I, Ogg nit RMf4St Cr MS RNrArYr 6 it(I""— [�_ t t IV D'U M LOT 41 & 4 Kornai NO>6 Ifon I-4.3, MD Mn ?{'. ANCtIS AS 90w+h(7lfOM ARAM,S7 —tt� IMO conon,\) t ��i. N�-`" SC4Lf:I =J0' f I. l i--4 i , ``, 1}'... r\ 30 0 30 SO T L_- lam' . SITE PLAN CASE NO. 1 EXHIBIT MAP " MLP 96-0017/N1S 96-0026 Cooper Partition/Lot Line Adjustment , I -)1 / It k \_ _/ -1a‘ _ amino A WM - i Mt.° / . ilm al Mir ,7/111.1 �r W — wttwr TERR 111111111 ‘O71111t ma IIIP #, a mvsnan � y�• IIIUiI1 Il ■ L tammoi • C II 40 Igor c c13 ra-cl ,, _,P-is- - E i /411 --Th or■N P. 1-- ,...\RA film , WWII DR I — — co cm --* ---7 - 111I I= pc,...,T:. s,______A___z: " 0 ., >, < :1-• 0 . 1 ----j If IJ i , 1---- � gin Vicinity tip A MLP 96-0017M➢S 96-0026 G4 Cooper Partition/Lot Line Adjustment NOY 14.0.01m. AFTER RECORDING, RETURN TO: ;- _ Jeffrey H. Keeney, Esq. TONKON, TORP, GALEN, MARMADUKE & BOOTH 1600 Pioneer Tower 888 S .W. Fifth Avenue Portland, Oregon 97204-2099 EASEMENT AND ACCESS AGREEMENT THIS EASEMENT AND ACCESS AGREEMENT, dated for reference purposes only this 2,1s+ day of October, 1994, is granted by COSTCO WHOLESALE CORPORATION, a Washington corporation (Costco ) , to JOHN D. ALEXANDER (Alexander) . RECITALS A. Costco is the owner of certain real property located in Washington County, Oregon and more particularly described on Exhibit A attached hereto ( the Costco Parcel ) . Costco intends to construct a Costco cash and carry membership facility on the Costco Parcel, together with parking areas and other amenities. 3. Alexander is the owner of certain adjacent real property located in Washington County, Oregon and more particularly described on Exhibit B attached hereto ( the Alexander Parcel ) . The Costco Parcel and the Alexander Parcel are depicted on the site plan attached as Exhibit C hereto ( the Site Plan) . C. Pursuant to the terms of the land-use approvals granted to Costco by the City of Tigard in SDR 93-0018 and PDR 93- 0010, Costco is required to grant Alexander an access easement over a portion of the Costco Parcel upon the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, for valuable consideration, the parties agree as follows : 1 . Access Easement. Subject to each and every term of this Agreement, Costco hereby grants and conveys to Alexander a permanent, nonexclusive easement in, to and over that portion of the Costco Parcel cross-hatched in red on the Site Plan ( the Easement Area ) , for vehicular and pedestrian ingress and egress from the Alexander Parcel to and from SW Dartmouth Street ( the Access Easement ) . By Alexander ' s entry upon and use of the Access Easement, Alexander shall have agreed to use the Access Easement subject to, and agrees to be bound by, all the terms of this Agreement. 1 . 1 Dse by Permittees. Use of the Access Easement shall be nonexclusive, and shall be for the use of Alexander and his respective employees, agents, contractors, customers, visitors, invitees, licensees and concessionaires. 1 . 2 Unimpeded Access, Relocation. Costco covenants that at all times free access between the Costco Parcel and the Alexander Parcel shall be permitted at the proposed 30-foot curb cut depicted on the Site Plan, provided, however, that Costco or any subsequent owner of the Costco Parcel shall have the right, in its sole discretion, to relocate the Access Easement and to locate and relocate the buildings and other improvements, walkways, driveways, parking areas, and open spaces anywhere on the Costco Parcel so long as no building or other structure or barrier shall be located on the Costco Parcel which would bar the reasonable and convenient passage of pedestrian and vehicular traffic across the Costco Parcel from the Alexander Parcel to SW Dartmouth Street, as such may hereafter be modified. Furthermore, subject to applicable zoning codes and regulations, Costco may, at any other location other than the above-referenced curb cut, construct curbs, barriers, fences or landscape barriers between the Costco Parcel and the Alexander Parcel . 1 .3 Restrictions on Use. Use of the Access Ease- ment shall be limited to the ingress and egress purposes described above and for no other use. Alexander' s use of the Access Easement shall ( i ) be subject to Costco ' s co-extensive right to use the Costco Parcel, ( ii ) not unreasonably interfere with Costco ' s use of the Costco Parcel, and ( iii ) be exercised so as not to obstruct or endanger Costco ' s operations or facilities. Without limiting the foregoing, Alexander shall not be entitled to park or allow any vehicles to park on the Costco Parcel . 2. Project Development Restrictions. Alexander shall not develop the Alexander Parcel to a density greater than that permitted by the Tigard Zoning Code and the parking requirements set forth therein. Alexander shall maintain at all times on the Alexander Parcel a number of spaces at least equal to the number of spaces legally required for the improvements thereon and shall not seek any variances or exemptions from such legal requirements . 3 . Maintenance and Repair. The cost of periodic main- tenance and necessary repairs to the Access Easement shall be borne exclusively by Costco, provided, however, that Alexander shall reimburse Costco f :r any damage to the Easement Area caused or permitted by Alexander. 4. Indemnification, Liability Insurance_ Alexander hereby agrees to indemnify and hold Costco harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments arising from injury to persons or property and occurring as a result of its use of the Access Easement. Alexander shall at all times during the term of this Agreement, maintain in full force and effect comprehensive public liability insurance covering his 2 use of the Access Easement with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage insurance, each in an amount not less than $2, 000, 000 combined single limit coverage. Alexander' s liability insurance policy with respect to the Easement Area shall name Costco as an additional named insured and shall contain a provision that the policy may not be cancelled without 30 days ' prior written notice given to Costco. Prior to commencing use of the Access Easement, Alexander shall deliver to Costco a certificate evidencing such coverage. S . Condemnation_ In the event that the Access Easement or any part thereof is taken by power of eminent domain, or is conveyed under threat of condemnation and such taking will render the Access Easement unusable for the purposes described in this Agreement, this Agreement shall terminate. If such taking does not render the Access Easement unusable, Costco shall, to the extent of condemnation proceeds received, promptly repair and restore the remaining portion of the Access Easement as nearly as practicable to the condition existing just prior to such condemnation without contribution from Alexander. Proceeds from any such condemnation shall belong exclusively to Costco. 6 . Attorney Fees. In the event of any litigation arising under or in connection with this Agreement, the prevailing party shall recover from the losing party the prevailing party' s reasonable attorney fees at trial and on appeal as adjudged by the trial and appellate court. 7. Breach of Obligations. In the event either party fails to perform its obligations under this Agreement, the other party shall, in addition to any other remedies afforded under Oregon law, be entitled to require such performance by suit for specific performance or, where appropriate, through injunctive relief. 8. Notices. Whenever any notice is required or sent under this Agreement, it shall be made in writing and served either personally or sent by U. S . first class certified mail, postage prepaid, return receipt requested and addressed to the parties as follows: _f to Costco: Costco Wholesale Corporation 10809 120th Avenue, N.E. Kirkland, Washington 98033 Attention: Richard J. Olin If to Alexander: John D. Alexander 11700 SW Pacific Highway Tigard, Oregon 97223 Either party may desig--ate a different address for purposes of any subsequent notice by written notice to the other party. 3 9 . Effect of Agreement. The Access Easement granted hereunder is not personal but shall run with the land as to all property burdened and benefited by such easement. The rights, covenants and obligations contained in this Agreement shall bind, burden and benefit each party ' s successors and assigns. 10. Third Party Rights. Except as provided for herein, Costco hereby reserves all rights with respect to the Costco Parcel, including, but not limited to, the right to grant easements, licenses and permits to others. 11 . Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Access Easement to the general public or for any public purposes whatsoever, it being the intention of the parties that this Agree- ment shall be strictly limited to and for the purposes expressed herein. 12. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Oregon. CCSTCO: COSTCO WHOLESALE CORPORATION, a Washington corporation Its :nom STATE OF WASHINGTON ) ss. County of King ) On this / day of October, 1994, before me personally appeared /�.,1, , y �;'� , to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. , � _ G Notary Public in and for the state of Washington, residing at My commission expires j'- �• °'7 47993 \ 2541-29 4 EXHIBIT A LEGAL DESCRIPTION PARCEL I : Lots 1 through 8, inclusive, PALMER ACRES, Washington County, Oregon. EXCEPTING THEREFROM that portion of Lot 8 conveyed to the State of Oregon by and through its State Highway Commission by deed recorded in Book 588, Page 567, Washington County, Oregon. DARCEL II: Lot 1, TWIN OAKS LANE, Washington County, Oregon. PARCEL III: Lot 2, TWIN OAKS LANE, Washington County, Oregon. PARCEL IV: Lots 3 and 10, TWIN OAKS LANE, Washington County, Oregon PARCEL V: Lot 4, TWIN OAKS LANE, Washington County, Oregon. PARCEL VI: Lot 5, TWIN OAKS LANE, Washington County, Oregon. PARCEL VII: Lot 6, TWIN OAKS LANE, Washington County, Oregon. PARCEL V-:: : Lot 7, TWIN OAKS LANE, Washington County, Oregon. PARCEL IX: Lot 8, TWIN OAKS LANE, Washington County, Oregon. PARCEL X: Lot 9, TWIN OAKS LANE, Washington County, Oregon. PARCEL XI : Lot 11, TWIN OAKS LANE, Washington County, Oregon. (Continued) ' J r • LEGAL DESCRIPTION PARCEL XII: Lot 12, TWIN OAKS LANE, Washington County, Oregon. PARCEL XIII: Lot 13, TWIN OAKS LANE, Washington County, Oregon. PARCEL XIV: Lot 14, TWIN OAKS LANE, Washington County, Oregon. PARCEL XV: Loc 15, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVI: Lot 16, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVII: Lot 17, TWIN OAKS LANE, Washington County, Oregon. PARCEL XVIII: Lot 18, TWIN OAKS LANE, Washington County, Oregon. PARCEL XIX: Lot 19, TWIN OAKS LANE, Washington County, Oregon. PARCEL XX: A :ortion of that certain tract in the Southwest quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, described as Parcel II, in that certain deed of trust to New West Federal Savings and Loan Association recorded as Document No. 89028994, Deed Records of Washington County, Oregon, said portion being more particularly described as follows: 'Beginning at a point cr. the North line of said Parcel I=, which point bears South 83°36'41" East 22 . 60 feet from the Northwest corner thereof; and running thence 381.33 feet along a nontangent 465. 00 foot radius curve to the right (the long chord of which bears South 03°41'22" East 370.74 feet) ; thence 510.80 feet along a 535.00 foot radius curve to the left (the long chord of which bears South 07°32'55" East 491.62 feet) to the center of a creek known as Red Rock Creek; thence following the center of said creek South 10°32' 11" West 13 .89 feet, South 62°27' 30" West 39.83 feet, South 19°21'41" West 7. 92 feet, South 87°54'42" West 17.36 feet, South 05°24' 38" West 34 .15 feet, South 51°12' 52" West 33 .47 (Continued) LEGAL DESCRIPTION PARCEL xXIII : That portion of the following described tract of land in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the 3eaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County: A tract of land in the George Richardson Donation Land Claim No. 38; beginning at a point on the South boundary line of the Richardson Donation Land Claim 4 .69 chains South 83° East from the Northwest corner of the donation land claim of the W.W. Graham Donation Land Claim No. 39; and running thence North 20°43' West 4.52 chains; thence South 79°25' East 4.45 chains; thence North 77°28' East 3.30 chains; thence North 44° East 2.50 chains; thence North 12°30' East 1.70 chains; thence North 37°10' West 1.69 chains; thence East 4.50 chains, more or less, to the West line of PALMER ACRES, a recorded plat of Washington County; thence along said West line South 1°15' East 10.365 chains to the South boundary of said Richardson Donation Land Claim; thence North 83°00' West 11.95 chains to the place of beginning. LEDA:. DESCRIPTION feet, South 40°02' 17" West 43 . 15 feet to the west line of said Parcel II; thence North 00°13' 56" East along the west line, 986. 76 feet to the Northwest corner of said Parcel II; thence South 83°36' 41" East along the North line thereof, 22.60 feet to the point of beginning. PARCEL XX I : That portion of, the following described tract of land in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County. Beginning at a point in the George Richardson Donation Land Claim No. 38, said beginning point being reached by running from the Northwest corner of the W.w. Graham Donation Land Claim No. 39, South 83° East 4.69 chains and North 20°10' West 4.52 chains to a stone, and the true point of beginning; thence South 79°25' East 4.45 chains; thence North 77°28' East 3.30 chains; thence North 44° East 2.50 chains; thence North 12°30' East 1.70 chains; thence North 37°10' West 1.69 chains; thence South 86°13' West 49 links; thence North 00°29' West 15.00 chains along the West line of TWIN OAKS LAND, a plat of record of Washington County, and its Southerly and Northerly extensions, to the center of Taylor's Bridge Road; thence West 30 links; thence along the East line and its Southerly extension of that tract conveyed to Ralph L. Palmer, et ux, by deed recorded in Book 251, Page 759, Washington County Deed Records, South 00°29' East 15.00 chains; thence South 86°13' West 1.84 chains; thence South 59°10' West 4.50 chains; thence North 84°33' West 3.11 chains; thence South 20°10' East 2. 72 chains to the place of beginning. PARCEL XXII: That portion of the following described tract of land in the George Richardson Donation Land Clain No. 38 and 55 in Section 36, Township 1 South, Range 1 West and in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for Washington County. Commencing at a point on the South boundary line of said Richardson Donation Land Claim, South 930 East 4 .59 chains from the Northwest corner of the W.W. Graham Donation Land Claim No. 39; and running thence North 20°43' West 4 .52 chains to a stone; thence South 79°25' East 4 .45 chains; thence North 77°28' East 3.30 chains; thence North 44°00' East 2. 50 chains; thence North 12°30' East 1.70 chains; thence North 37°10' West 1.69 chains to beginning point of the land to be described; running thence from said beginning point South 86°13 West 32 . 34 feet to an iron pipe on the Easterly line of private roadway t::e_^. North y 30 links thence North 0°03' West foll owing the Easterly line of said roadway 336.03 feet to an iron pipe; thence East 321. 96 feet to an iron pipe on the West line of PALMER ACRES, a recorded plat in Washington County, Oregon; thence South 1°44'40" East following the Westerly line of said plat of PALMER ACRES, 333 .65 feet; thence West 299.00 feet to the place of beginning. (Continued) EXHIBIT B Alexander Parcel PARCEL I A tract of land in the Southeast Quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being a part of that tract described in deed to Cyrus R. Knight et ux recorded August 16, 1943, in Book 288, page 53, Washington County Deed Records, to-wit: Beginning at a point an the southeasterly right of way line of SW Pacific Highway ( Oregon State Highway 99W) said point being the most westerly corner of said KNIGHT tract; thence North 52°52 ' East along said right of way line 51 . 0 feet to an iron pipe set at the most westerly corner of that tract described in deed to Alex Finke et ux recorded September 27, 1967 in Book 661, page 615, Washington County Records; thence South 36° 42 ' East along the westerly line of said Finke tract 205.01 feet to an iron pipe on the south line of said Knight tract; thence North 85° 22 ' West along said south line 67. 91 feet to the southwest corner of said Knight tract; thence North 36° 42 ' West along the westerly line of said Knight tract 159 . 77 feet to the point of beginning; SUBJECT TO easements, conditions and restrictions of public record; rights of the public in any portion within roads and highways; the usual printed exceptions of title policies; and any encumbrances arising by the act or failure to act of any party other than grantors. PARCEL II The following described property situated in Washington County, Oregon: Beginning at an iron pipe in the Southerly line of that certain tract of land conveyed to John and Bernice Dobbins by deed recorded on Page 216, page 150, Washington County, Oregon, Deed Records, which iron pipe bears South 85' 22 ' East 1972.3 feet from the re- entrant corner on the West line of the George Richardson D. L.C. No. 55, and bears North 85' 22 ' West 18 . 4 feet from an iron pipe at the Northeast corner of PALMER ACRES, a duly recorded subdivision in Washington County, Oregon; said point of beginning bores North 85' 22 ' West 248 . 5 feet from an iron at the Southwest cor-.er of a tract of land conveyed to C. L. Chilson by deed recorded on Page 194, Beck 124, Washington County, Oregon, Deed Records; thence from said described point of beginning North 85 ' 22 ' West along the Northerly line of PALMER ACRES and southerly line of said Dobbins tract, a distance of 240 feet to an iron pipe on the Southerly boundary of the State Highway; thence North 52° 41 ' East along the Southerly boundary of said highway, 180 feet to an iron pipe; thence South 36 ° 42 ' East 160 . 4 feet to the place of beginning. EXCEPTING THEREFROM, that portion of the property conveyed to the City of Tigard by Road Right-of-Way Deed recorded on December 18, 1985 as Recorder' s Fee No. 85050034 . Aa S EASENNT LEGAL DESCRIPTION A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILr-atKF~ TE MERIDIAN, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/4" IRON PIPE AT THE NORTHEAST CORNER OF PALMER ACRES A RECORDED PLAT ON RECORD AT WASHINGTON COUNTY; THENCE ALONG THE EASTERN LINE OF SAID PALMER ACRES SOUTH 01°42 '05" EAST 16. 59 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID PALMER ACRES; THENCE ALONG THE NORTHERN LINE OF SAID LOT 1 NORTH 85°52'35" WEST 32 . 88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERN LINE OF SAID LOT 1 NORTH 85°52'35" WEST 30. 00 FEET; THENCE LEAVING SAID LOT LINE SOUTH 04°09'25" WEST 71. 10 FEET; THENCE SOUTH 85°50'35" EAST 109. 98 FEET TO THE BEGINNING OF A CURVE; THENCE EASTERLY 6.20 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 29. 00 FEET THROUGH A CENTRAL ANGLE OF 12.14'29" TO A POINT ON A CURVE ON THE WESTERN RIGHT-OF-WAY LINE OF DARTMOUTH ROAD, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 72°31'50" WEST; THENCE NORTHWESTERLY 60.47 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 453 . 00 FEET THROUGH A CENTRAL ANGLE OF 07°38'53" TO A POINT ON A CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 64°59'47" WEST; THENCE SOUTHWESTERLY 41. 04 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 34. 00 FEET THROUGH A CENTRAL ANGLE OF 69°09'12"; THENCE NORTH 85°50'35" WEST 28.39 FEET; THENCE NORTH 04°09'25" EAST 39. 10 FEET TO THE POINT OF BEGINNING. ALL AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. END OF DESCRIPTION. REGISTERED PROFESSIONAL LAND SURVEYOR :;:?-:-.4 fC../.;;LZ)7,:-, OREGON .JANUARY 19. 1993 COYLE L. ANDERSON 2567 �.5 =rIAL /2-2/-95 Sneer 1 of 2 SC, 30 i 15 30 60 11 ( FEET ) 1 Inch = 30 ft. NORTHEAST CORNER PALMER ACRES POINT OF COMMENCEMENT POINT CF BEGINNING NORTH A = 69'09'12" ORTH LINE PALMER ACRES R = 34.00' S85 52'35'c T = 23.43' PUBLIC R/ Oi ,y L = 41.04' N85'52'35'14/ N°.! i • '..30.00' i 32.88' —In 0 .44^�N Sv 564. •52 5� A of N p O n Ns¢S9 p ,^ !N85 50'35"W A = 07'38'53" cn 28.39' R = 453.00' T = 30.28' L = 60.47' ! A = 12'14'29" LOT 1 . . . . S85 50'35 R = 29.00' 109.98' T = 3.11' PALMER ACRES W P ; 0 L = s.zo' REGISTERED Q ,� PROFESSIONAL ^� LAND SURVEYOR , ^'� -� > .. /'Th ZA :faa,e, .‹ ry = 0K. OREGON Z a 7 0 JANUARY 19, 1993 N C C DOYLE L. ANDERSON '' •`r —k 0 2567 w a R FuEw�+c. �2 -3/95 I I I I j EXHIBIT 'A' i I I 1 EAS=M`NT EXHi3IT NO I RV/1SICN I 3" I DATEI APP SURYE`:W 3Y: W\FIPACIFIC -i..v.-._ pi OT 3A 6:: :0/31/94 SCAB 1'=3 7,.....,eol ' p t ars-orn DRAWN 3Y: TG3 , 3es+gnrd 3y,DL4N Fi NAIAE:O304EX02 ! OF 1 Sheet 2 of 2 NOV-26-96 TUE 12 : 12 F ARCHITECTsLA r 231 0317 p_ 02 CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES > 1'lily City of Plod,Orye. NON-RESIDENTIAL I CATE ////enct, STAFF: W1, APPLICANT: AGENT: Z,—/e/A7 / .4,23 // Phone:( 1 Phone: j 1 Z 31-//Le PROPERTY LOCATION: ADDRESS: //70o S1.0 p3-1C/Fib. /J, ,/t../,!y TAX MAPITAX LOT: /S/ 36 G D- f RQp, / 90 C NECESSARY APPLICATION(S): 5/7F pjJ7 c U fE,J PROPOSAL DESCRIPTION: 6,50U &li,'7 )/c R6:74t,'/ STcie. f COMPREHENSIVE PLAN DESIGNATION: C.-6 ZONING DESIGNATION: C"C" CITIZEN INVOLVEMENT E457-- FACILITATOR: TEAM AREA: PHONE: 15031 ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: — sq. ft. Average lot width: 5Oft. Maximum building height: 4{6- ft. Setbacks: front r ft. side ft. rear r— ft. corner ---- ft. from street. Maximum site coverage: s5 % Minimum landscaped or natural vegetation area: /5 .% (Refer to Code Section 18. 64 ) ADDITIONAL LOT DIM SIGNAL REQUIREMENTS Minimum lot ntage: 25 feet unless lot is created through the minor land partition process. Lots created as art of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot e access easement. CITY Of TIGARD Pre-Application Conference Notes Page 1 of 8 .aLAe}ideneal nescarimiPtanwe 0waranant Sector' NOV-26-96 TUE 12 : 13 P ARCHITECT*LA 7 231 0317 P. 03 The depth of all lot shall not exceed 21-: times the average width, unless the parcel is less than times the minimu of size of the applicable zoning district. (Refer to Code Section .164.060 - Lots) k J 7 3, ?} ,A)CY • SPECIAL SETBACKS 1 / ➢ Streets: Jra q/ feet from the centerline of `WW P/17/Z7-4/00 ➢ Established areas: feet from ➢ Lower intensity zones: feet, along the site's boundary. ➢ Flag lot: 10 foot side yard s back. (Refer to Code Section and 18.96) SPECIAL BUILDING HEIGHT PROVISIONS Building Height Exceptions - Buildings located in a non-residential zone may be built to a height of 75 feet provided: ➢ 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 1/2 (half) of the building's height; and ➢ The structure will not abut a residential zone district. (Refer to Code Section 18.98.020) PARKING AND ACCESS I 4 Required parking for this type of use: /• 50Q Parking shown on preliminary plan(s): Secondary use required parking: Parking shown on preliminary plan(s): — No more than 40% of required spaces may be designated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 ft. 8 inches X 18 ft. ➢ Compact parking space dimensions: 8 ft. X 15 ft. (Refer to Code Section 18.106.020) ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: Minimum access width: �Q Minimum pavement width: 2.)-( All driveways and parking-areas, except for some fleet storage parking areas, must be paved. Drive-in use qu • areas: (Refer to a Section 18.106 and 18.108) CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 !D!Raflcatial+doiae4+1panoec Diva anent S.cvon NOV-26-96 TUE 12 : 14 F 4RCHITECT''LA G 231 0317 P. 04 • IALKWAY REQUIREMENTS Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, • ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. (Refer to Code Section 18.108.050) LOADING AREA R UIREMENTS Every commerce or industrial building in excess of 10,000 square feet shall be provided with a loading space. The ce size and location shall be as approved by the City Engineer. (Refer to Code Section .106.070-090) AR VISION ARE V.�C'i` The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only, be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along -7-g---4-5/1 44. ? Cyclicc/- \_ANDSCAPING Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 9NI-Ret <ntiet appki onl%anvil Department Seee4n NOV-26-96 TUE 12 : 15 P aRCHITECT'LA 5 231 0317 P. 05 aA minimum of one (1) tree for every seven (7) parking spaces must be planted in and around all , parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed • information on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. (Refer to Code Section 18.114) SENSITIVE LA DS The Co. • provides regulations for lands which are potentially unsuitable for development due to areas wit in the 100-year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, o on unstable ground. Staff will attempt to preliminary identify sensitive lands areas at the pre-applicat •n conference based on available information. HOWEVER, the responsibility to Precisely identify sen-'tive_lands areas. and _their boundaries. is the responsibility Qf the applicant Areas meeting the •efinitions of_sensitive lands must be clearly indicated on plans subroitte_d with the development .•olicatiori, Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residen :I development is prohibited within floodplains, In most cases, dedication of 100- year floodplain a eas to the City for park and open space areas is required as a condition of the approval of a dev- opment application. (Refer to Code Secti• 18.84) t E REMOVAL PLAN REQUIREM A tree pan 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, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; CITY OF TIGARD Pro-Application Conference Notes Page 4 of fl 9011-Asilradti sgki5avl3t 06mg tn.v nt S« NOV-26-96 TUE 12 : 16 P 'ARCHITECT*LA 5 231 0317 P. 06 • > Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section • 18.150.070.D; > Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; b Identification of all trees which are proposed to be removed; and b A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.025) MITIGATION Replacement of a tree shall take place according to the following guidelines: > A replacement tree shall be a substantially similar species considering site characteristics. > If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: > The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. if this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer to Code Section 18.150.070 (D) CITY OF TIGARO Pre-Application Conference Notes Page 5 of 8 Noe!S nides o al app6c rnmuPfarmq 0 eparine,I San on NOV-26-96 TUE 12 : 18 P IRCHITECT+,,LA 5 231 0317 P . 07 1ARRATIV The applicant shall submit a narrative which provides findings based on the applicable approval ' standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Section 18.32) CODE SECTIONS 18.80 _ 18.92 ! 18.100 .i 18.108 � 18.120 1 8.1 50 18.84 18.96 18.102 18.114 18.130 18.160 18.88 18.98 X18.106 18.116 18.134 18.162 r 18.164 1PACT STUD1?� As a part of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Chapter 18.32 Section .050) When a condition of approval requires 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. (Refer to Code Chapter 18.32 Section .250) EIEIGHBORHOOD MEETFIC The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will noLbe accepted. (Refer to the Neighborhood Meeting Handout) Applicant should contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. (Refer to Code Section 18.116) CITY OF TIGARD Pre-Application conference Notes Page 6 at 8 IOK Rnldca d.l apyciponP'n rq Oeprynent Section NOV-26-96 TUE 12 : 19 F 4RCHITECT"LA 231 0317 P_ 08 ADDITIONAL CONCERNS OR COMMENTS: -/--(r4)2E0 DRl 1}:67] '4r t,✓i?iv . PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8,5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. ;rTY OF TIGARD Pre-Application Conference Notes Page 7 of fl (OK Ilrail e.gal aag.0 a vav PW V.ip C ep aitmsn l Section NOV-26-96 TUE 12 :20 F 231 0317 P. 09 The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7). days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard P/,N/%/Nlt eCMM155/ . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannQt cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) is/are required if an application(s) is/are to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: (Aid/ rj1.4iDJ9 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639-4171 FAX: (503) 684-7297 ^I09,n1pa rylm asterslpreapp-c.ms t Engineering Section:masterslpreapp-c.eng) Iy 19. 1996 .ITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 0I-Rii44.6.1 aJOrcationPlanvy Droartme,t sec con NOV-26-96 TUE 12 :21 P 'ARCHITECT*LA t 231 0317 `St ZgL• C�P. 10 SS 1 tgc`A (j\� All City of Tigard, Oregon PRE-APPLICATION CONFERENCE NOTES ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre-application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority s II be for the application. The extent of necessary public improvements an dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. • Approval of a development application for this site will require right-of-way dedication for: !'`a'C • A0.►a- -rc -c> -01,G (1.) I -rr&rr4k to • •cle. (2.) to feet from centerline. (3.) to .feet from centerline. Street improvements: t (1.) t(5„- street improvements will be necessary along Da--9a-real (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. CITY OF TIGARD Pre.Applicalion Conference Notes \ Page 1 of 3 E+ginwi1 34.g ml Si i NOV-26-96 TUE 02 :39 F ARCHITECT>nLA 7 231 0317 P. 01 In some cases, where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: (1•) (2.) Pedestrianwa isfbikeways: Sanitary Sewers: Th nearest sanitary sewer line to this property is a(n) inch line which is located in 1)P 'T -4 _ The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water Supply: The l kap Water pct - Phone:(503)( ct-7 ( provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. 11(.9" �� �, 1,4 O s-cvt Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: cS a _ SCv4� Qca� CITY OF TIGARC Pre-Application Conference Notes Pagtr 2 d 3 Eny.neer.p Oeputmsnt Sect.on NOV-26-96 TUE 02 :40 F ARCHITECT*LA 231 0317 P. 02 Storm sewer improvements: .� ()42., STORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which requires the construction of on-site water quality facilities. The faculties shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $180.00. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. RtA . F 2— PtC.X9i'Cs TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance, In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. r Gsti—���A�tv1 sr# S A -kc,,t-K -- tR AfT u-B 1 "Ti�Ar�� Try Ec"S�t t . STREET OPENING PERMIT No work shall be performed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: , ENGINEERING DEP RTMENT Phone: (503) 639-4171 Fax: (503) 684-7297 n:'iogimpatty preapp.eng (Ma star section.preapp-r.nut) April 27.5996 CITY Of TIGARD Fre,Application Conference Notes Page 3 al 3 bg,nev.ng o.parment Sectien NOV-26-96 TUE 02 :41 P "RCHITECT*LA 231 0317 p. 03 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CRY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all ocher applicable materials at the time you submit your land use application. See your application for Further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: Wil/D;WDREA Date: //// /q& APPLICATION APPLICATION & RELATED DOCUn.IENT(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS A) Application form (1 copy) e>' B) Owner's signature/written authorization ET- C) Title transfer instrument/or grant deed Q' D) Applicant's statement No. of Copies /8 E Filing Fee $ SEE FEE 0 SITE-SPECIFIC MAP(S)/PLAN(5) SUBMITTAL REQUIREMENTS INCLUDE ,/MARKED ITEMS A) Site Information showing: No. of Copies l$ 1. Vicinity map C� 2. Site size & dimensions a' 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: 0 (a) Floodplain areas a (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table u (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: o (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" T caliper measured 4 feet from ground level 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements [� 1 1 . Location of existing dedicated right-of-ways V LAND LSE APPLICATION/LAST PACE 1 CF 5 .rr.. NOV-26-96 TUE 02 :42 P 1RCHITECT*LA 5 231 0317 P. 04 8) Site Development Plan Indicating: No. of Copies lea • 1. The proposed site and surrounding properties Er 2. Contour line intervals 3. The location, dimensions and names of all: • (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site t3' (b) Parking and circulation areas e' (c) Loading and services area GK. (d) Pedestrian and bicycle circulation e� (e) Outdoor common areas ❑ (f) Above ground utilities e( 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site er (b) Proposed structures, improvements, utilities and easements on the site 6. Storm drainage facilities and analysis of downstream conditions 7. Sanitary sewer facilities ta' 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques tam 10. The location of mailboxes o 11. The location of all structures and their orientation 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies /8- , The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines c� (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development tY 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals d (c) That all problems will be mitigated and how they will be mitigated et/ LA O 1.5E.,PPIK,T:O UST PAGE:Cf S NOV-26-96 TUE 02 :43 F ARCHITECT*LA 5 231 0317 �� P. 05 0) Architectural Dratvin tom , Indicating: .. of Copies The site development plan proposal shall include; 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies 1 �f The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable a 2. Location and height of fences;buffers and screenings t� 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, size and species of existing and proposed plant materials ta ." 5. Landscape narrative which also addresses: (a) Soil conditions o (b) Erosion control measures that will be used ❑ F) Sign Drawings: ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation imate: ❑ H) Preliminary Partition/ of Line Ad'ustment Ma. lndicatin:: No. of Copies 1. The owner of the subject parcel ❑ 2. The owner's auth•rized agent 3. The map scale (2t,50,100 or 200 feet-1) inch north arrow and date ❑ 4. Description of pa el location and boundaries ❑ 5. Location, width a d names of streets, easements and other public ways within and ••jacent to the parcel ❑ 6. Location of all pe anent buildings on and within 25 feet of all property lines ❑ 7. Location and widt of all water courses ❑ 3. Location of any tre-s within 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes greater t an 25% ❑ 10. Location of existing utilities and utility easements ❑ 11. For major land parti ion which creates a public street: (a) The proposed 'ght-of-way location and width ❑ (b) A scaled cross--ection of the proposed street plus any reserve strip ❑ 12. Any applicable deed estrictions ❑ 13. Evidence that land p. ition will not preclude efficient future land division where applicable ❑ LANG LSE AP°L:CUTION I UST PAGE 3 CF j NOV-26-96 TUE 02 :44 F ARCHITECT., LA 231 0317 P. 06 1) Subdivision Prelirni ary Plat Map and Data Indicating: 1.0. of Copies 1 . Scale equalin 30,50, 100 or 200 feet to the inch and limited to one • phase per sheet ❑ 2. The proposed name of the subdivision ❑ 3. Vicinity map showing property's relationship to arterial and collector streets ❑ -1. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un-subdivided land ❑ 8. Contour lines related to a City-established benchmark at 2-foot intervals for 0-10% grades greater than 10% ❑ 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right-of-ways and easements ❑ (b) Public and private sanitary and storm sewer lines ❑ (c) Domestic water mains including fire hydrants ❑ (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses i ❑ (f) Deed reservatons for parks, open spaces, pathways and other land encumbr nces ❑ 10. Approximate plan a d profiles of proposed sanitary and storm sewers with grades and pip.- sizes indicated on the plans ❑ 11 . Plan of the propose• water distribution system, showing pipe sizes and the location of valve and fire hydrants ❑ 1 2. Approximate centerli e profiles showing the finished grade of all streets including street exte ions for a reasonable distance beyond the limits of the proposed subdivi ion ❑ 13. Scaled cross sections •f proposed street right-of-way(s) ❑ 14. The location of all ar_.s subject to inundation or storm water overflow ❑ 15. Location, width & dir:ction of flow of all water courses & drainage-ways ❑ 16. The proposed lot conf gurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be i dicated upon such lots. ❑ 17. The location of all tree• with a diameter 6 inches or greater measured at 4 feet above ground le •1, and the location of proposed tree plantings ❑ 18. The existing uses of the rooerty, including the location of all structures and the present uses oft e structures, and a statement of which structures are to remain after platti g ❑ 19. Supplemental informatio including: (a) Proposed deed restr ions (if any) ❑ (b) Proof of property o ership ❑ (c) A proposed plan for provision of subdivision improvements ❑ 20. Existing natural features inclu•ing rock outcroppings, wetlands & marsh areas ❑ 21 . II any of the foregoing infor ation cannot practicably be shown on the preliminary plat, it shall be •ncorporated into a narrative and submitted with the application ❑ D1^tD LSE.\°UC.1TiO.N 1 UST ?AC"e 4 CF S NOV-26-96 TUE 02 :45 P 1RCHITECT*LA 3 231 0317 P. 07 I) Solar Access Calculations: Q K) Other Information No. of Copies ❑ h`Josin'paWmastersVticpst.mst mav:3.1995 _a.NO LSE APPUUTION/Usr RAGE 5 OF 5 NOV-26-96 TUE 02 :45 F 4RCHITECT*LA 231 0317 P. ©8 • CITY OF TIGARD LAND USE APPLICATIONS City of Tigard.Oregon FEE SCHEDULE PROCEDURE FEE. ACCESSORY STRUCTURE $ 80 APPEALS Director's Decision to Planning Commission S 250 Expedited Review (Deposit)* * $ 300 • Hearing Referee $ 500 P!anning Commission/Hearing's Officer to City Council $1,745 + Transcript APPROVAL EXTENSION $ 150 BLASTING PERMITS $ 145 COMPREHENSIVE PLAN PROCESSING > Text Only, Map Only, or Both $ 4,015 CONDITIONAL USE REVIEW $ 1,615 DEVELOPMENT CODE PROVISION REVIEW > Single-Family Building Plan • $ 40 > Commercial/Industrial/Institution -$ 250 EXPEDITED REVIEW > Land Partition S 1,280 > Subdivision $2,625 + $10/Lot HEARING POSTPONEMENT $ 115 HISTORIC REVIEW/OVERLAY DISTRICT $ 2,190 HOME OCCUPATION (Type i:) $ 30 > Original Permit (Type n) $ 255 INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE > By the Community Development Department $ 34.0. . LAND PARTITION > Residential and Non-Residential $ 780 LOT LINE ADJUSTMENT $ 270 MINOR MODIFICATION TO APPROVED PLAN $ 100 PLANNED DEVELOPMENT Conceptual Plan Review $ 2,170 > Detailed Plan Review $ 510 PRE-APPLICATION CONFERENCE FEE S 240 SENSITIVE LANDS • Administrative $ 745 > Hearings Officer $ 1,240 SIGN CODE EXCEPTIONS S 690 SIGN PERMIT 0-24 sq.ft./24-100 sq.ft./100 + sq.ft. (No Sze oifrerential)5 50 Temporary Signs (Per Sign) $ 15 NOV-26-96 TUE 02_46 F ARCH I TECT*LA 5 231 0317 P. 09 PROCEDURE 0, 020t Z1 • .. FEE SITE DEVELOPMENT REVIEW Under 5100,000 $ 800 j 5100,000-999.999 $ 1,600 • $1 Million/Over $1,780 + S5/310,000 • SUBDIVISION Preliminary Plat $2.125 + S 10/Lot > Final Plat $ 295 TEMPORARY USE > Director's Decision $ 315 > Special Exemption/Non-Profit _ -0- TREE REMOVAL $ 160 VACATIONS $1530 Deposit + • > Streets-and Public Access Actual Costs Charged VARIANCE > Administrative $ 545 Flexible Setback $ 390 > Hearing's Officer $ 535 > • Sign Code $ 535 > Subdivision $ • 505 ZONE CHANGE ANNEXATIONS* S 1,160 ZONE CHANGE $ 1,505 ZONING ANALYSIS (Detailed) S 150 ZONING INQUIRY LETTER (Simple) $ 50 ZONE ORDINANCE AMENDMENT S 1.415 100':of Highest Planning Fee JOINT APPLICATION PLANNING FEE + Of All Additional Fees Related To The Proposal. EFFECTIVE 7/1)96 (Resolution No.S-6--30. Repealing Resolution No.91-01) > -Indicates that the current City policy is to waive the City's application processing fee. * * -Established by state statute. n!Oa rtyk ras:er sVn g rec s.m st 'Cr22.5e 11.31 AM NOV-26-96 TUE 02 :47 r ARCHITECT . LA • 231 0317 P. 10 • ti CITY l OF TIGARD NEIGHBORHOOD MEETING NOTIFICATION PROCESS 1.) Neighborhood meeting/notification is required for the following applications: a Comprehensive Plan Amendments ✓ Zone Changes 9 Subdivisions Sensitive Lands > Conditional Uses and; A Site Development Review. 2.) Applicant makes arrangements for neighborhoodsneeting, A Applicants choice of date(using staff guidelines). �- Applicant schedules a meeting facility. 3.) Applicant prepares a tester regarding the upcoming meeting_to be held withihe neighborhood, �- Letter briefly describes the development, location and sets the date, time and place for meeting. >- NOTE; Meeting date to be within 2-4 weeks of the date the letter is sent. Two (2) weeks minimum notice must be provided to the neighborhood property owners within 250 feet plus the CIT contacts! • 4.) Applicant mails letter of meeting, • Applicant acquires list of affected property owner(s) from available sources. - Applicant gets list of Community Involvement Team (CIT) contacts from the City Planning Department. 5.) Acplicant prepares affid_avitpf mailing on fomtprovided by tbip City at the pre-apptLatlon m tin g. • 6.) Applicant posts site and on the same day. liter of meeting is mailed to affected property owners, • Sign must be posted at a location easily observable from a public right-of-way. • Sign shall state that site may be under consideration for a land use application-and include a phone number where the applicant can be reached for additional information or comments. 7.) Applicant prepares affidaviLof costing on the form_p9vided by the City atshe pre-application me_etinq.. 8.) A9plicant holds meeting for neighborhood as previously scheduled, n Applicant presents their proposal, including City requirements and answers any questions. )- Applicant makes note of the names and addresses of all individuals who speak at the meeting and provides documentation of their comments, concerns or issues. 9.) Applicant modifies preliminary orocosal if desired following the neighborhQ2d meeting to take into consideration recommendations. concerns or issues which could del-y the applications approval process. 10.) • .•li _.n •mi -ir •r..• • h- it f.rr-v'-w . • g.. '.. s - f•1 • .i • - - •• -n • > A copy of the letter mailed to the affected property owners in regard to the meeting along with a copy of the mailing list and the corresponding affidavit of mailing the meeting letter/notice. ' A copy of the sicn-up sheet(s) from the meeting(s) held with interested citizens/affected property owners) on the land use proposal. h:11cgin`pamimasters'Gtnotif.m5t ADDITIONAL DOCUMENTS f • HRISTENSEN NGINEERING CONSULTING CIVIL ENGINEERS June 12, 1997 97-104.02 Mr. Will D'Andrea Associate Planner, AICP City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Development Review Application Re-submittal Dear Mr. D'Andrea: As representatives of the applicant, Jeff Piccalo of Car Toys, Inc., we are responding to your Notice of Incomplete Submittal of the application(SDR 97-0006) for the proposed 5,500 square foot Car Toys retail building. The following are items and plan notes requested for continued processing of the application: 1. The additional application fee of$109.00 for the variance requested was paid directly to the City of Tigard by Car Toys; 2. The supplemental narrative addressing all of the Tigard Triangle Design Standards is attached; and 3. A drawing is enclosed showing an access easement and grades for a driveway from the Costco property up to the proposed Car Toys site. If further information is needed,please contact our office as soon as possible. Sincerely, CHRISTENSEN ENGINEERING, INC. Ed Christensen President Copy to: Jeff Piccalo, Car Toys, Inc., Fax: (253) 735-8781 Marcel Desranleau, Sconzo/Hallstrom, Fax: (206) 4559351 7150 S.W.Hampton Street Suite 226 Portland,Oregon 97223 Phone(503)598-1866 Fax(503)598-1868 1 APPLICATION FOR SITE DEVELOPMENT REVIEW & VARIANCE TO STREET DESIGN STANDARDS FOR A GENERAL COMMERCIAL RETAIL STORE RE-SUBMITTED: 12 JUNE 1997•CAR TIGARD APPLICANT: Car Toys Inc. Attn: Jeff Piccalo 307 Broad Street Seattle, WA 98121 Phone: (253) 443-0980 Zoj,_-735- SP-16 6 , , FACT SHEET Project Name: Car Toys Tigard Store Proposed Action(s): Site Development Review Tax Map: 1S1 36 CD Tax Lots: 1800 & 1900 Site Size: 0.44 acres, ±19,298 sf(including street vacation) Address: 11700 SW Pacific Highway Zoning: General Commercial Owner: Brettler Real Estate, Inc. 307 Broad Street Seattle, WA 98121 Phone: (206) 443-0980 Applicant: Car Toys Inc. Attn: Jeff Piccalo 307 Broad Street Seattle, WA 98121 Phone: (253) 443-0980 Applicant's Representative/ Ed Christensen Planner/ Engineer: Christensen Engineering, Inc./Access Group, L.L.C. 7150 SW Hampton Street, Suite 226 Portland, OR 97223-8366 Phone:(503) 598-1866; Fax: (503) 598-1868 Architect: John Hallstrom. Sconzo / Hallstrom, Architects 919 124th Ave, NE Suite 101 Bellevue, WA 98005 Phone: (425) 455-3203; Fax (425) 455-9351 Page 2 T t Location: At the Road corner of Dartmouth Southwest Applicable Code C Highway. Pacific r�teria: Community Chapters 1 eOd e 2, 18 8.32 18.10' 18.6, 1•8.84, 8 9 18108 8.116, 100, 18.106, 18.120 1 , 8 18•,070 0' 18 1644' Page 3 GENERAL INFORMATION: A development approval request for Site Development Review approval to allow the construction of a commercial retail store and related public and private facilities. Background Information: The proposed development site is currently zoned General Commercial under the Tigard Comprehensive Plan. It is the site formerly owned by John Alexander, previously known as Alexander's Restaurant. The site is located within the area known as the Tigard triangle, bordered by Interstate Highway 99W to the north, Highway 217 to the west, and Interstate 5 to the east. The Triangle has been the focus of an ongoing planning effort by the City of Tigard over the past five years due to its regional significance. The population base within a 10-mile radius is over 650,000, and is rapidly increasing. Recently, a street spacing standard in response to the new Metro 2040 Functional Plan was adopted by the City Council. The applicant's proposal contains many of the concepts contained in the street spacing standard and functional plan. However, the applicant also must request a variance to the "Tigard Triangle Design Standards" (TDS) due to the difficulty in achieving 50% building coverage on this challenging, triangularly shaped parcel. Vicinity Information: This project will access SW Dartmouth Street, which runs adjacent to the western property line of the site. Highway 99 borders the northern boundary. The south side of the property is fronted by a 16.5 foot right-of-way for which we are requesting a street vacation and Costco, a large box retailer. To the west of the site is an ODOT access road to which this development will utilize. Dartmouth Road adjacent to this site is partially improved. A dedication of approximately 11 feet will be required by this project in order to complete the Dartmouth Road improvements. In addition, a landscaping concept has been developed for the Dartmouth street scape in conjunction with the previous Tigard Triangle Planning effort. Page 4 Site Information: The proposed development site has been a restaurant for many years. Recently, the restaurant was closed and the building is empty. The site will be cleared of all existing structures prior to site development. Proposal Description: The applicant is proposing a commercial build-out scenario for the site. A 5,500 square foot retail building will be constructed on the site for the sale and installation of car accessory equipment. Two installation bays located on the west side of the building will be used to install the equipment purchased at the store. Access to the site was thought to have been suitable from connecting a driveway connector to the upper Costco Driveway. This access point is too steep to be effectively utilized. Access is, therefore, requested directly to Dartmouth Road, north of the Costco right-in/right-out driveway. Access at this point will also be via a right-in/right-out driveway. A second access exists at the western end of the site via the ODOT controlled frontage road. ODOT was contacted in respect to utilizing both of these access points, and they did not have any objection to their use. The site topography slopes down steeply from an elevation of 222 feet at the most westerly corner of the site to an elevation of 210 at the southeastern end of the site; an average overall east-west drop of 5%. Due to the substantial slope, both alternatives will necessitate extensive topographic reconfiguration. As a consequence of the natural topography and the severe slope access restrictions associated with the Americans with Disabilities Act (ADA) and the city pedestrian requirements, an extensive amount of on-site grading is proposed in order to meet the goals of a pedestrian friendly complex. In addition, all of the trees will be removed from the site. Page 5 II: PROCEDURES FOR DECISION MAKING 18.32: QUASI-JUDICIAL DECISION MAKING The applicant is submitting a proposal in complete compliance with the relevant code and Comprehensive Plan requirements as of May 27, 1997. Included in the application is all the information requested on the application form, along with a narrative addressing the appropriate criteria in sufficient detail for review and action; the required fees; and a list of all persons who are surrounding the property as well as other affected parties. The proposed retail center is consistent with the underlying zoning requirements and all relevant City ordinances and standards. The applicant requests that all proceedings be compiled into a single action in accordance with section 18.32.100. Page 6 III: ZONING DISTRICT CLASSIFICATIONS & REQUIREMENTS 18.62: C-G GENERAL COMMERCIAL DISTRICT The purpose of the General Commercial Land Use designation is to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, or wholesale services. The uses permitted range from automobile repair and services, supply and equipment stores, vehicle sales, and drive-in restaurants to laundry establishments; and it is intended that these uses be adjacent to arterial or major collector streets. The applicant is proposing to develop the site with several of the commercial uses permitted outright under section 81.623.030 A2. The applicant does not anticipate the development either of any civic use types permitted under section 81.623.030 Al, or any Conditional uses permitted under section 18.62.040 A1-8 18.62.050: DIMENSIONAL REQUIREMENTS The proposed development site will comply with the dimensional requirements as laid out in section 18.62.050 specifically: a) A 0-foot setback will be placed along all sides of the project. Specifically, no front, rear, or side-yard setbacks are required under this or adjacent zonings as specified under section 18.100-102. Page 7 b) This building will not exceed 45 feet in height excepting towers which may be up to 50 feet in height. A building elevation is provided herein. c) "No more than 85% of the site will be covered with impervious surface" including all buildings, parking, and site access. In actuality, as planned, this site exceeds the minimum 15% landscape open area. There are numerous additional requirements related to the proposed development which will be detailed in the following narrative. Page 8 IV: SUPPLEMENTAL PROVISIONS 18.96: ADDITIONAL YARD REQUIREMENTS Section 18.96.020 identifies specific, named streets where additional setbacks from centerline are required to permit better light, air, and vision clearance to be attained. The additional setback requirement along SW Dartmouth is 47 feet, and 140 to 170 feet or more along SW Pacific Highway. The Site Plan submitted identifies those setback requirements as being met. A dedication of 12 feet will be required along Dartmouth Road and no dedication will be required along SW Pacific Highway. 18.98: BUILDING HEIGHT LIMITATIONS: EXCEPTIONS The applicant acknowledges that portions of the proposed development may exceed the permitted 45 feet in elevation providing that the proposed structure is not within 75 feet of a residential zoning district, the total floor area of the site does not exceed 50% of the site area, and that towers will not exceed a height of 75 feet. All roof top equipment will be screened as required by the TDS. 18.100: LANDSCAPING & SCREENING Sections 18.100.80 & .130 do not require a vegetative buffer be placed on property zoned C-G when directly adjacent to a non-residentially zoned property. Section 18.84 provides more substantive details of the proposed landscape plan. All interior islands and pad remnants as well as the entirety of the site's boundary, will be intensively landscaped. The size, species, and distribution of the landscaping for both proposals has been identified on the attached Landscape Plans. Additionally, the landscape plan indicates the planting of larger than 2-inch caliper trees. The applicant proposes that all trees planted in excess of 2-inch caliper be included for the mitigation totals for the site as allowed by ORD No. 97-02. This procedure of planting larger trees will give the project Page 9 a feel of being a more mature center, less parking lot antiseptic. Because there are far more diameter inches to be mitigated than can reasonably be placed on this site, the applicant proposes paying a fee-in-lieu for the diameter inches not mitigated. The caliper of mitigable trees are measured at 6" above the root stem. 18.102: VISUAL CLEARANCE AREAS The Site and Landscaping Plan submitted by the applicant is consistent with ensuring the preservation of vision clearance triangles at all points of site access. In fact, the location of this building in correspondence with the existing structure will substantially improve the vision clearance areas at Dartmouth Road and SW Pacific Highway. 18.106: OFF-STREET PARKING & LOADING REQUIREMENTS The Site Plan submitted provides for substantially more parking spaces than required by the Code. The number of parking spaces created is necessary to attract the type of client for which this site is most suited. This plan provides for 5.85 spaces per 1,000 square feet of building. The proposed general parking stalls are 9 x 18 feet, but there are a few proposed compact spaces. In accordance with Americans with Disabilities Act (ADA), 2 disabled spaces have been provided at the most accessible areas and more than meet the minimum ratio of handicapped to standard spaces required by code. General Parking: The applicant is proposing to construct public parking at a ratio as previously stated. This more than meets the minimum requirements of 1 space per 400 square feet. The applicant is not proposing to construct many compact parking spaces at this time. However, the applicant understands that up to 25% of the proposed parking may consist of compact stalls. Disabled Parking: Aggregate parking areas proposed by the applicant will contain at least the minimum number of disabled parking spaces as mandated by the Americans with Disabilities Act. Page 10 Bicycle Parking: Lockable bicycle racks shall be located in areas protected from automobile traffic and in convenient locations within 50 feet of the entrances of the proposed general retail stores. One bicycle space or facility will be provided for every 15-fifteen vehicular parking spaces identified. Specifically, a total of 2 bicycle spaces will be provided on-site. Long Term Parking: Five percent of all parking will be reserved for car pool &van pool parking and will be located second only to bicycle parking and handicapped spaces in the preferential location of the reserved spaces. A total of 1 preferential parking space will be provided. The parking lot will be landscaped in accordance with the requirements of Chapter 18.100. Loading: It is anticipated that the owners will load through their front doors. 18.108: ACCESS EGRESS & CIRCULATION The proposed development has two ingress points from the public streets onto the site. The two driveways are located on SW Dartmouth Road and the ODOT frontage road. The SW Dartmouth Road driveway will be limited to right- in/right-out movements. Pedestrian Access: The proposed development will be provide convenient pedestrian connections between buildings and the street system to meeting ADA access requirements. The sidewalk along SW pacific Highway will be extended through the site. The proposed walkways will be physically separated from the vehicular parking except where pedestrian crossings at driveways are necessary. Many of the relevant portions of the code that will play a major role in the design and development of this project have only recently come into effect. Substantial changes to the code are to be found in Transportation chapter of the Comprehensive Plan, Chapter 18.106 (Parking & Loading), Chapter 18.108 (Access, Egress & Circulation), Chapter 18.164 (Street & Utility improvement Standards). Page 11 18.114: SIGNS The applicant shall ensure that any signs related to the general construction of the proposed development shall comply with the relevant standards of this chapter as they are applicable. Page 12 V: SITE DEVELOPMENT REVIEW 18.120: SITE DEVELOPMENT REVIEW The intent of the Site Development Review is to implement the City of Tigard's Comprehensive Plan, and other approved standards in the City's code, to enhance the natural and man-made environment and to maintain and improve the qualities of and the relationships between r individual buildings, structures and physical developments which best contribute to the area. In compliance with this chapters' provisions, the applicant has held numerous meetings with staff in addition to the original pre-app conference on this day of November 12th, 1996. 18.120.090: APPLICATION SUBMISSION REQUIREMENTS 18 complete sets of the application shall be submitted as requested by staff in the pre-app conference, and shall include: a complete narrative citing compliance with the relevant porions of the Tigard Comprehensive Plan, The Conununity Development Code, and all other applicable regulations; a complete set of plans including, On-site Analysis, a Site plan, a Grading Plan, a Utilities and Drainage Plan, a Landscape Plan, a Detail Plan, and a Tree Survey Plan. No sign Plans are being submitted at this time as none have yet been confirmed; a fee for $1,600; a list of all names and addresses of persons who own property within 250 feet of the site, and an affidavit of mailing to the adjacent landowners notifying them of an opportunity to review this proposal. 18.120.180: APPROVAL STANDARDS Provisions for all Chapters 18.84 through 18.164 cited in this section are noted, and their relevant sections addressed throughout this narrative. Page 13 VII: DEVELOPMENT & ADMINISTRATION 18.134.050: CRITERIA FOR GRANTING A VARIANCE STREET DESIGN STANDARD VARIANCE TO THE "50% BUILDING PLACEMENT ALONG MAJOR AND MINOR ARTERIALS" A. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the comprehensive plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; RESPONSE: The TDS recognized that variances to the Design Standards would occur as set forth in Section 18.070 (B). "Site Design Standards. All development must meet the following site design standards...variance to these standards may be granted if the criteria found in Section 18.134.050 is satisfied". Therefore, this request is applicable to the policies and standards for this zoning district. 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; RESPONSE: The site configuration, topography, Page 14 and proposed access locations dictate the location and design of this building. Though the building touches both the Dartmouth and Pacific Highway right-of-ways, the building quickly diverges from those right-of-ways. Numerous options were assessed for this site and primarily due to the requirements for vision triangles, driveway locations. These alternatives were awkward in their appearance, constituting a significant amount of additional grading, while pushing the building into the ground. This requirement would be counter productive to the intent of the TDS. 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; RESPONSE: No change in allowable use is requested and the remaining TDS and City standards will be maintained. 4. Existing physical and natural systems, such as, but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in the title; and RESPONSE: No existing physical and natural systems will be affected by this request. 5. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. RESPONSE: The vertical and horizontal shape of Page 15 this site was a hardship that existed prior to this proposal and is not self- imposed. 18.144: ACCESSORY STRUCTURES The applicant, is not identifying any accessory structures on the proposed plan. Any such structures will comply with the criteria laid down under 18.144.070. The location of dumpsters, mailboxes, and a lighting plan will be submitted with the Final Construction plans and upon further discussions with the City. 18.150: TREE REMOVAL A tree removal and replacement plan has been prepared by the landscape architect He noted that the grading requirements on this site required the removal of all trees. In accordance with the tree removal requirements, the applicant has specified on the removal plan the number, type, and diameter inches of trees to be removed on the "Existing Condition & Tree Survey" plan. It is intended that all non-exempt trees will be mitigated on-site as indicated on the "Landscape & Tree Mitigation" plan. All trees planted in with diameters in excess of 2-inch caliper will receive credits for mitigation above the 2-inch planting requirement. This credit will allow mitigation on-site and give the new center a more mature appearance. Page 16 VIII: LAND DIVISION & DEVELOPMENT STANDARDS 18.162: LAND DIVISION - MAJOR & MINOR LAND PARTITIONING - LOT LINE ADJUSTMENT The owners will be retaining the sole ownership of the site through the duration of this application. A street vacation is being requested in a separate application for the 16.5 foot strip of right-of-way bordering the southern boundary of this site. This property will become a part of this site when vacated. A reciprocal public ingress and egress access will be provided through this site from the ODOT frontage road to Dartmouth Road by means of the proposed driveway, which will be recorded on the deed. 18.164: STREET & UTILITY IMPROVEMENT STANDARDS Streets: SW Dartmouth has been partially improved in front of this site and must be widened to adequately handle the proposed developments in the area. The right-of-way of SW Dartmouth will be fully dedicated to 47 feet and improved to meet the TDS roadway section for Dartmouth Road. Sanitary Sewer: Sanitary sewer service is currently provided by an existing trunk line that follows Red Rock Creek to the west of the site. Service to the site currently is provided by means of the service laterals as shown on the grading and utility plan. Surface Water Run-Off: The site plan as proposed will reduce the amount of impervious area on this site. Therefore, no mitigation of storm water run-off is required. DOMESTIC WATER & FIRE FLOW: Adequate domestic water and fire flow is provided to the site SW Dartmouth Road. No off-site improvements will be required to service the needs of project. Page 17 TIGARD TRIANGLE STREET PLAN DESIGN STANDARDS SECTION 18._070 DESIGN STANDARDS The Car Toys site is located on the southwest corner of Dartmouth and Highway 99, within an area known as the Tigard Triangle. As such, this project is required to meet the minimum design criteria as defined by the City of Tigard, Ordinance No. 97-2. The Tigard Triangle street plan design standards set a minimum criteria for projects developing within the Tigard Triangle. As adopted, if standards within the development codes conflict with the street design standards, standards found in this section shall govern. A. Street Connectivity. Response. Projects within the Tigard Triangle must meet either the design option or performance option. In this case Car Toys wishes to implement the design option as their standard requirement. 1. Design Option. Response. The Car Toys site is triangular in shape with approximately 245 feet of frontage on Dartmouth Street. The design option requires that local street spacing provided at intervals of no more than 660 feet, and pedestrian and bike connections on public use must be provided at intervals of no more than 330 feet. Since this project street Page 18 W - frontage on Dartmouth is less than the requirement for either one of these criteria, this section does not apply to this project. 2. Performance Option. Response. Not applicable. B. Site Design Standards. 1. Building placement on Major and Minor Arterials and the Street. Response. This parcel is triangular in shape with two very long street frontage legs. Because of the parcel shape and existing access constraints, the building is set skewed to both the Dartmouth and Highway 99 right-of-way. Though the building touches both right-of-ways, the building quickly diverges from both right-of-ways at a skewed angle to the adjoining right-of-ways. Because the criteria found in this site design standards is not met, a variance as required under the criteria found in Section 18.134.050 has been requested and is contained herein. Page 19 IF . 2. Building setback. Response. The building has a zero(0)-foot setback to both Dartmouth and Highway 99. This criteria is met. 3. Front yard setback design. Response. This project is improving the sidewalk along the frontage on Highway 99 and Dartmouth Road. A sidewalk shall be constructed from the sidewalk on Dartmouth Road to the front of the building. Landscaping shall be provided to an L-1 Standard adjacent to Dartmouth. An additional pedestrian access has not been provided off of Highway 99 because of the size, shape, and topographic constraints within this parcel. Due to these constraints, it is believed that the pedestrian connection element of this standard can be wholly met with one pedestrian access way. Therefore, this standard has been met. 4. Walkway connection to building entrances. Response. A walkway has been provided between Dartmouth and the entrance of the building which is Page 20 I/ - . at least six (6) feet wide, with cored concrete. Therefore, this criteria has been met. 5. Parking location and landscape design. Response. The parking for this project has been located to the side of the parcel furthest from the intersection. Less than 50 percent of the street frontage on either leg of the project will contain parking. Landscaping along both Highway 99 and Dartmouth will contain the L-1 Landscaping Standard. This section has been complied with. C. Building Design Standards. 1. Ground floor windows. Response. Over 50 percent of the street facing element within the Building Setback (0-10 feet) along the public streets have over 50 percent of the ground floor wall area containing windows. All of this glazing is provided on the corner of the building facing the Dartmouth-Highway 99 intersection, as allowed under this section. The corner of the building with a zero (0) setback to Pacific Highway does not have any windows because this is the Car Page 21 M Toys storage area and placing windows in this location would constrain their stocking room and pose a security problem. It was felt that the additional glazing placed at the corner of the building facing Dartmouth and Highway 99 would pose a much more attractive element for one of the portals to the Tigard Triangle. This criteria has been met. 2. Building facades. Response. The Car Toys building has a number of facades with many variations in the building material no side of the building extends for more than 50 feet without providing at least a variation in building materials, building offset or other features. Additionally, this building is less than 90 feet in length on each side and, therefore, does not require an additional pedestrian connection. The criteria for this section have been met. Page 22 V 3. Weather protection. Response. A canopy for the pedestrians is provided at the building entrance. The criteria for this section has been met. 4. Building materials. Response. Plain concrete block, plain concrete, corrugated metal, plywood will not be used as a finish on this project on this project. The finish material for this project is mainly a Drivet style stucco. Additional copings, space frames, and glazing is provided in a pleasant combination for an overall pleasing look to the exterior of this structure. The criteria for this section have been exceeded. 5. Roofs and roof lines. Response. This building's entrance feature, roofs and roof lines are an extension to primary materials and present pleasant and harmonious integration of these styles of building materials. No false fronts or false roofs will be constructed with this building. The criteria of this section have been met. Page 23 w . • Roof mounted equipment. Response. All roof-mounted equipment will be screened from view from the adjacent public streets. All satellite dishes and other communication equipment will be set back or positioned on the roof so that exposure from adjacent public streets is minimized. No solar panels will be installed with this building . The criteria for this section has been met. D. Signs. 1. Zoning district regulations. Response. All signs for this project shall comply with the non-residential development standards as discussed for the C-G Zone and shall meet the sign requirements for the commercial zone as identified in Section 18.114.130C of the Community Development Code. The elements of this section have been met. 2. Sign area limits. Response. The sign area limits as identified in the Community Development Code shall not be Page 24 V . exceeded. No area increase for signs will be requested. The criteria for this section has been met. 3. Height limits. Response. No signs shall be taller than ten(10) feet. The wall signs of the building do not extend above the roof line. No height increase for signs is requested. The criteria for this section has been met. 4. Sign location. Response. Free standing signs shall not be placed within the L-1 landscape areas. The criteria for this section has been met. E. Entry Portals. 1. Location. Response. This project is located at the intersection of Highway 99 and Dartmouth therefore, it is a designated entry portal. Page 25 2. Design. Response. The design of the glazing facing the intersection of Dartmouth and Highway 99 has been formed in a triangular shape as well as the building facades. In addition, a triangular space frame shall be provided on top of the building. Neither of these elements is massive or overwhelming and relate to both the pedestrian and automobile scale at this entry portal. The triangular motif incorporated into the design of this building at this entry portal identifies with the spirit of this section and therefore, complies with this section. F. Landscaping and Screening. 1. L-1 Low Screen. Response. A landscaping plan has been attached which complies with the L-1 Low Screen elements as contained in this section. It is understood that any tree planted in excess of two (2) inch in calipers shall be eligible for full mitigation credit. The landscaping elements requiring compliance within this section have been met. Page 26 V • 2. L-2 General Landscaping. Response. A landscaping plan for the on-site general landscaping has been provided which meets the planting standards as identified in Chapter 18.100 Landscaping and Screening of the Community Development Code. It is understood that any tree planted in excess of a two (2) inch caliper shall be eligible for full mitigation credit. The landscaping elements attached herein comply with this section and therefore, the criteria of this component of these standards have been met. G. Street and Access way Standards. Response. This section, because it does not require any public streets or access ways, is not applicable. Page 27 • ADDITIONAL ANALYSIS AND REQUIREMENTS: Proportionality Analysis This site has been analyzed in relation to the amount of infrastructure required for its construction versus its impact on adjacent services. For this analysis we have calculated the off-site construction costs for various improvements required by the city and by this development. Per our Traffic Impact Fee (TIF) analysis, the required fee for TIF's will be $9,397.08. The owner of this project must widen a portion of one lane of Dartmouth Road at this time at a cost of ±$17,500. Given that the project is required to improve almost twice the value of their projected impact, we believe that this project satisfies its proportional share of the public improvements in relation to its impacts. No other impacts which would have an adverse or detrimental effect on the public improvements were identified. Page 28 W Neighborhood Meeting A neighborhood meeting was held April 9, 1997. No one showed. Page 29 . • HRISTENSEN NGINEERING CONSULTING CIVIL ENGINEERS June 12, 1997 97-104.02 Mr. Will D'Andrea Associate Planner, AICP City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: COSTCO DRIVEWAY ACCESS STUDY Dear Mr. D'Andrea: A drawing is enclosed showing an access easement and grades for a driveway from the Costco property up to the proposed Car Toys site. As evaluated, a 22.17%driveway access grade would be required to meet the existing site constraints for the Car Toys development. Conversely, if moderately acceptable grades of 15 and 10%were utilized for the driveways connecting the two projects, these scenarios would severely impact the developability of the site. Further, the connection of a driveway at the existing easement location would pose a significant site distance and safety hazard for both the Costco and Car toys customers. As such we believe the driveway location as submitted with this application is most appropriate. If further information is needed, please contact our office as soon as possible. Sincerely, CHRISTENS ENGINEERING, INC. Ed Christen sen President Copy to: Jeff Piccalo, Car Toys, Inc., Fax: (253) 735-8781_ Marcel Desranleau, Sconzo/Hallstrom, Fax: (206) 4559351 7150 S.W.Hampton Street Suite 226 Portland,Oregon 97223 Phone(503)598-1866 Fax(503)598-1868 a II r ip . 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C�= -Ce- 4,16v. r+5 6-n/ '1 /A�i .ir:l /�1�L /1. A A !d VI 1 .i- r. 9 Z?--) 14eS—I'nolAr_ (20.1). SEP-09-199? 16 01 FROM ';CONZO / HALLSTROM TO 15036847297 P.01/83 SCONZO/HALLSTR OM ARCHITECTS 919-124Th AVENUE NE, SUITE 101 BELLEVUE,WA 98005 (206)455-3203 (206)455-9351 FAX September 5, 1997 Will D'Andrea Planning Department City of Tigard 13125 S.W. Hall Blvd. Tigard;Or. 97223 Re: Minor Modification to Car-Toys Site Development Review Approval (SDR) 97- 0006 of 2 September 1997 Mr. D'Andrea, We hereby request a minor modification to our approved Site Development Review plan to provide for a 5,864 square foot Car-Toys Retail Building per Section 18.120.080. We have added (8) additional feet of frontage along S.W. Pacific Highway and 491 square feet of additional floor area to compensate for loss area resulting from cropped building corner at south_ We have reviewed the criteria for a Minor Modification against the requirements of Section 18.120.070B and offer the following rationale for your consideration. 1. Increase in dwelling unit density: Response: Not applicable. 2. A change in the ratio or number of different dwelling units: Response: Not applicable. 3. A change that requires additional on-site parking in accordance with chapter 18.62: Response: The required parking for this use is (1) space per 500 gross square feet. The new building area of 5,864 square feet will require only (12) spaces. Applicant proposes to provide 25 parking spaces. SEP-09-1997 16:02 FROM SCONZO / HALLSTROM TO 15036847297 P.02/03 Will D'Andrea September 5, 1997 Page 2 4. A change in the type of structure type as defined by the UBC: Response: No change—not applicable. 5. An increase in the height of the building by more than 20 percent. Response: No change—not applicable. 6. A change in the type and location of access ways and parking areas where off site traffic would be affected. Response: No change—not applicable. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 20 vehicles per day. Response: Increase in floor area is intended to offset floor area loss to south end of building and to provide improved clearances in the Install Bays. Accordingly, this increased area is not expected to generate any additional vehicular trips, but improved facility utilization. 8. An increase in the floor area proposed for a non-residential use by more than 10 percent excluding expansions under 5,000 square feet. Response: Modification proposal is for floor area increase from 5,373 square feet to 5,864 square feet. A net increase of 491 square feet or 9%, therefore not applicable. 9. A reduction in the area reserved for common open space and/or usable open space. Response: Not applicable. 10. A reduction of project ammenties below the minimum established 10 percent where specified in the site plan: A. Recreational Facilities: Response: Not applicable. - SEP-09-1997 16:02 FROM SCONZO / HALLSTROM TO 15036847297 P.03/03 Will D'Andrea September 5, 1997 Page 3 B. Screening: Response: No change•--not applicable. C. Landscaping provisions: Response: Applicant shall provide for the required 15% minimum landscape or natural vegetation area per Section 18.62. 11. A modification to the conditions imposed at the time of the Site Development Review approval which are not subject to B1 through 10 of the above subsection. Response: The requested modification does not preclude or hinder conformance to the Conditions of Approval. Actually the requested modification provides 8 feet additional frontage along S.W. Pacific Highway which more closely conforms to the Tigard Triangle Design Standards for frontage along Major and Minor arterial streets. Additionally the ground floor wall area with windows shall be adjusted proportionally to compensate for the additional frontage. I hope my rationale served to demonstrate that we qualify for a minor modification to our Site Development Review Approval. Should you require additional information to facilitate a decision, please contact me immediately. Sincerely, k.0004414. Marcel Desranleau, R.A. Project Architect TOTAL P.03 WEEKDAY WEEKEND LAND USE BASIS FOR TRII- AVERAGE AVERAGE CATEGORY/DESCRIPTION DETERMINATION TRIP RATE TRIP RATE INSTITUTIONAL...M=1 560--Church T.G.S.F 7.70 18. 18 565--Day Care Center " 67.00 6.15 k 570--Court n n * * 580--Museum/Gallery " " * * 590--Library T.G.S.F. 45.50 25.39 610--Hospital 16.69 11.29 620--Nursing Home No. of Beds 2.60 2.26 BUSINESS & COMMERCIAL 310--Hotel No. of Rooms 8.70 320--Motel " " " 10.19 330--Resort Hotel 18.40 810--Retail-General Merchandise Not Available * 811--Speciality Store u ip. * 812--Building Materials/Lumber T.G.S.F. 30.56 813--Lumber Not Available * - 814--Speciality Retail Center T.G.L.S.F. 40.68 815--Discount Stores " 70.16 816--Hardware/Paint Store T.G.S.F. 53.21 817--Nursery 36.17 820--Shopping Center under 50,000 Gr. Sq. Ft. T.G.L.S.F. 94.71 821--Shopping Center 50,000- 99,999 Gr. Sq. Ft. u u 84.512 822--Shopping Center 100,000- 199,999 Gr. Sq. Ft. " " 66.622 823--Shopping Center 200,000- 299,999 Gr. Sq. Ft. " n 53.622 824--Shopping Center 300,000- 399,999 Gr. Sq. Ft. " 45.662 825--Shopping Center ,400,000- 499,999 Gr. Sq. Ft. 41 .412 826--Shopping Center 500,000- 999,000 Gr. Sq. Ft. " If 36.632 827--Shopping Center 1,000,000- 1,200,000 Gr. Sq. Ft. u u 32.822 828--Shopping Center Over 1,200,000 Gr. Sq. Ft. " " 32.382 831--Quality Restaurant T.G.S.F. 95.622 832--High-Turnover, Sit-Down Restaurant u u 100.003 833--Drive-In Restaurant u PI 100.003 834--Drinking Place Not Available 1 Without Matinees 2 Note: Rate Obtained by Taking Average of Maximum & Minimum Rates of Range 3 Note: Rate Capped at 100.00 * Not Available II-12 ' CENED PLANNING D/E 9 -conlo SEP 0 9 1997 CITY OF TIGARD September 9, 1997 Jae,?�4.P. He.idr}a CONFIDENTIAL James Director. Community Development Department 13125 SW Hall Boulevard Tigard, Oregon 97223 ** Urgent letter sent via fax Dear Mr. Hendryx, I am the owner and CEO of CAR TOYS. Inc and Brettler Properties. I am writing to you with the hope that you will support our efforts and assist us in getting our Tigard store open for the holiday season,while still meeting your requirements. Later today,Jeff Piccolo,my Vice-President of Business Development and Ed Christianson, our local engineer. will be visiting you,with the goal of finding a mutually acceptable formula to handle the off-site permit issue that threatens to kill any chance we have of getting our new Tigard store open for the holiday season. I hope that they can count on a warm reception. As you know, we have been in the permit process with your various departments for several months now. We have worked diligently with each of your department's key members throughout this process. Earlier this year I purchased the piece of property at the entrance to the Tigard Triangle for 5570,000. Since then we have spent almost 550,000 just on architectural,engineering and demolition fees. Before we are done, we will spend almost an additional S1,000,000 in building the store,tenant improvements and display needs. During the permit approval process we have worked very hard to satisfy all of Tigard's developmental needs. We have adjusted our site plan several times to meet all setback, parking and design criteria. We have donated significant pieces of our land,land which we paid an extraordinary price for,to accommodate city signs and street widening. We have met or are in process of meeting all design,land use, on-site. off- site,building and interior requirements. CAR TOYS does business in Western Washington,Eastern Washington, greater Portland and Salem. We have sixteen stores and are in process of building one in Beaverton. Each of our stores generates a significant amount of tax revenue for the city and state in which we are doing business. Each store creates an additional twenty employment opportunities. The sooner we get open, the more taxes we generate as well as jobs for the holiday season. CAR TOYS took over a parcel that used to be Alexander's Hamburgers. Though the food was probably pretty good.the building did not do justice to the property. I believe that I have purchased one of the most visible and attractive pieces of property in all of Tigard,located at one of the two Tigard triangle entrances. We have submitted a design that I believe all of your city planners will be proud of and one that will make this entrance to the triangle extremely attractive. We certainly could have built a much cheaper building,if we chose to. We would like to be able to make this contribution to the area prior to the holiday season, to help all local merchants in the triangle. gerem ilic%• The permit process in Tigard,frankly,has been the most challenging process that I have ever been through. I wish that we could have submitted permit applications earlier to remove the pressure upon us all,but it • took far longer to purchase the property than expected. We had hoped and budgeted originally to get the store open in September, but that clearly is not going to happen. We have spent months and thousands of dollars in the pre-application, site development. ODOT, building, on-site,off-site and other permit processes We felt that we knew everything that we needed to know to successfully complete the entire process in a timely manner. Neither our architects. Jeff Piccolo or Ed Christianson, our local engineer who • frequently works with the city of Tigard, was aware of the need to permit off-site improvements prior to the issuance of the building permit. Had we known,we would have done everything possible to address this situation earlier. I know that among some Tigard planners,there is a feeling that we are trying to manipulate the process. Quite to the contrary,we have done anything but. We have certainly asked how to get through the process as fast as possible,but when all is done,we have agreed to do everything that Tigard has asked for, including significant off-site improvements,within the process that Tigard has insisted on. We are requesting that we work together immediately to find a way to have a building permit issued prior to the issuance of the off-site improvements,if this is necessary for us to begin building no later than September sixteenth. We are absolutely willing to meet all of Tigard's design criteria for off-site improvements. We will make sure that these are met immediately as they may impact any on-site improvements. We are willing to do anything you need to have the off-site process fast tracked and more than willing to bond for all the improvements. Just last month we built a store in Gateway.and bonded for all of the off-site improvements. I believe the process is identical in Beaverton. Basically, as long as it is reasonable.we will work with you in any way we can to meet our deadlines and satisfy your design requirements. We certainly respect your policies and processes. Ultimately, I am sure you feel that it is our responsibility to now the entire process,but we had certainly felt that we had done what was necessary to be properly informed. 1 hope that both parties can take responsibility for this miss-communication and find a way to meet the critical permit deadlines that we must achieve. As discussed,CAR TOYS will have invested over$1.5 million dollars in this project when complete not including a$200,000 inventory investment). It is critical for our business that we are open by November 28, 1997. If we are not able to get a building permit by September 16 and meet our November 28th opening date, we will have suffered significant economic harm that will not ever be recovered through normal business operations. i truly believe that if you are willing to work with us and ask your team members to do the same,that Tigard can have all their developmental requirements achieved and CAR TOYS can have our store open for the critical holiday season. We are not asking for you to break policy,we are simply asking you to work with us and find a solution that we both can accept. We want to focus on your requirements,meet all of your design criteria. and achieve our timeline at the same time. I know that we can find common ground if you allow us to Thank you for all your support. We are looking forward to being good Tigard neighbors! Each of my team members is willing to spend what ever time may be required this week in Tigard,working with your planners to resolve any and all remaining open matters. Please feel free to call me at 206-443-0980 extension 220,if you would like to discuss any of these matters directly. Your timely cooperation is very much appreciated. Sincerely. Dan Brcttler President. CEO. • • SCONZO/HALLSTROMARCHITECTS RECEIVED SEP 0 81997 919-124TH AVENUE NE, SUITE 101 BELLEVUE,WA 98005 COMMUNITY DEVELOPMENT (206)455-3203 (206)455-9351 FAX September 5, 1997 Will D'Andrea Planning Department City of Tigard 13125 S.W. Hall Blvd. Tigard, Or. 97223 Re: Site Development Review(SDR) 97-0006 Car-Toys conditions of approval. Mr. D'Andrea, We have reviewed your conditions of approval for the subject project and have modified our documents accordingly. The revised plans have been modified as follows: A. Street trees. Our landscaping plan has been modified to provide for Chancellor Linden Trees as presently planted along Dartmouth Street. B. Lighting Plan. Please find Lighting Site Plan depicting lighting fixtures and their targeted spread areas. C. Tree Mitigation Plan. Our new Site Survey reveals that some of the trees previously thought to be on our property are either off of our property or can be saved by modification of our parking lay-out. See revised site plan, survey and landscaping plan. D. Building Setbacks. Our recent site survey has revealed a slight difference in the site configuration to the North. This alteration coupled with additional site area dedications will result in a maximum building setback along Dartmouth of 9 feet. See revised site plan. E. Ground Floor Area Windows. We have modified our exterior elevations along both Dartmouth and S.W. Pacific Highway to conform to your requirements. The northeast elevation ground floor area contains approximately 456 square Will D'Andrea September 5, 1997 Page 2 feet, thus requiring 228 square feet of windows. Our revised Northeast Elevation provides two new window areas to either side of entry doors and the addition of (3) new glass windows below the sign area for a total of 234 square feet. The Northwest Elevation ground floor area contains 492 square feet, thus requiring 246 square feet of windows. Our revised Northwest Elevation has been modified to provide (3) new glass window areas below the sign area. This new window area coupled with the (2) triangular glass corner areas at the northwest along with the contiguous corner glass area to the southwest provides us with a total glass area of 252 square feet, thereby satisfying the requirement. -y F. Roof-Mounted Equipment. The building elevations have been modified to depict the anticipated size and location of the roof top mechanical units. The roof top units consist of(3) 5-ton units approximately 42" —48" above the finished roof deck. These units will be largely obscured by the building parapet walls and the popped-up signage area. G. Tree Caliper Sizes. The Landscape Plan has been modified to provide for 3 1/2 " caliper inch trees within the landscape planters between the parking lots at S.W. Dartmouth Street and S.W. Pacific Highway. See revised Landscape Plan. lLLi H. Solid Waster Hauler Approval of Dumpster Location and Design. Site plan has been modified to accommodate requirements of Pride Disposal Company. Plans and elevations were submitted to and approved by same. See attached approved plans. I hope I have satisfied all your remaining requirements. Our Civil Engineering Consultant has or will be addressing the remaining site issues. Should you have any additional concerns, please contact me as soon as possible. Sincerely, Marcel Desranleau, R.A. Project Architect SEP-17-97 WED 02 :47 PM SHARP F0145 -��ri�►7 - 57110401 P. 0 1 CAR • TOYS INC . 1833 Auburn Way North, Suite Q Auburn, Washington 98002 Phone (253) 735-8765 Fax (253) 735-8781 Facsimile Cover Sheet FROM: I COMPANY: Car•Toys, Inc. PHONE: (253) 735-8717 J FAX: (253) 735-8781 TO e-1 7 COMPANY: ■ PHONE: 5C )— FAX: 5-c) 3 -- 6 7: 7 NUMBER OF PAGES: r, Inciudin_ cover G- RE: ■ i 1 �1 1390 � �f skk -, 4id.,4 - y9/=,Z9z5 /1 o, /341 /14 Ve y Adak• 6?'" z2 z.-7 N m a • N • 1-1/.1-►1::714.••la • g ------------ c triLNIP ' g . a 4 t+%� \ \ v.), s i / . 1%, \\ • Vi. ki) in–q N \ 4\ 4'P '' ' $ 1.‘, CI r- +EtD GAR.Tv`7'� ` ENT W`-1-16 e e\ o �ki< �8fr4ts.T. T o-e_vhl DETAIL Fit-114.H FL.�Ic MI.Ev Zf7.o, `, � tit \\ // Ili11 , yTRGrT In P ./ \ 5 2 . eo te..5 ,- bi, . (.."14t24.C.0•4`I c". ,., f'�LE \ $- ' � : iA�<,� a. yl j .ti` L..v.+lncA-p V/_ - • \ 151.�Nb a . h-►r�-re 11 h11..O.� \ N • ,- I -6'x Id•o°GL-/1/ I_Gp+ . J -I II•LIGtHT C / I D 't • r-0 ■ fbLE /°2`-0 ( 72-o N' a 1_ \ a 06,r _ I '.010 titp� is re-,EAj_I eA y'ri� Gp - -rret,,-o-o �, -------- —— — Q. ' 24t23E22 21 1' 11A.t8 17' iG1 oil 14r3o Iz II Vii; la11 5. 7 ' G � 9I4 ; 3 = ` 00 a r, N ‘!/"1j - I-G- �' 15_I G' G 5- �+ S lS _ 5 =:c_ G h c. 5_5d) �S S 5 �r ` S ij:lt+k h1-tb c+r al . c.11S4. • GEI�r�aS LIGHT F'bLE- 21 L/�F-�xsr.�l�t� LIGHT PbLE� _ W ' l�T-1Ues Eb P.a.W. e.A.c- h'!�N T—�HII L ov ►zN/ , '. 3 ° -- --- -- - - - - -- - - -- _ - - h — �' \9 ch CU.STGo ■ .\\ a 1L• • September 18, 1997 Aav,m1 Marcel Desranleau, R.A. Sconzo/Hallstrom Architects CITY OF TIGARD 919-124th Avenue NE, Suite 101 Bellevue, WA 98005 OREGON Dear Mr. Desranleau: This letter is in response to your request for Minor Modification approval modify the site plan recently approved (SDR 97-0006) by adding 491 square feet onto the Car Toys building at 11700 SW Pacific Highway. This property is zoned General Commercial (CG). The present use of the site is listed as a permitted use for this zoning district. The Tigard Community Development Code, Site Development Review Section, states: "if the requested modification meets any of the major modification criteria, the request shall be reviewed as a new Site Development Review application." Section 18.120.070(B) states that the Director shall determine that a major modification(s) will result if one (1) or more of the following changes are proposed: 1. An increase in dwelling unit density, or lot coverage for residential development. The proposal does not involve a residential development, therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criteria is not applicable as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.106. The required parking for this use is one (1) space per 500 square feet of gross floor area. With the addition of 491 square feet, the building will be 5,864 square feet, thus, 12 spaces are required. The modification will reduce the parking spaces provided to 25, still well over the number required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structure of the building is proposed. 5. An increase in the height of the building(s) by more than 20 percent. No change in the height of any building is proposed. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request will not require a change in accessways or parking areas where off-site traffic would be affected. 7. An increase in vehicular traffic to, and from the site, and the increase can be expected to exceed 20 vehicles per day. The applicant has stated "the increase in floor area is intended to off-set floor area loss to the south end of the building and to provide improved clearances in the install bays. Staff concludes that the proposed modification will not result in an increase in vehicular traffic to or from the site, therefore, this standard has been satisfied. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Page 1 of 2 8. An increase in the floor area proposed for a non-residential use by more than 10 percent excluding expansions under 5,000 square feet. The modification will increase the floor area from 5,373 square feet to 5,864 square feet. The net increase is 491 square feet or 9%, therefore, this standard has been met. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 percent. There is no area reserved for common open space, therefore, this standard does not apply. 10. A reduction of project amenities (Recreational facilities, Screening; and/or, Landscaping provisions) below the minimum established by this code or by more than 10 percent where specified in the site plan. The proposed building addition will result in the removal of some landscaping, however, the proposal also involves the reduction of three (3) parking spaces which will be replaced with landscaping. The applicant has indicated they will provide the required 15% landscaping. Prior to final occupancy, the applicant must verify that 15% landscaping has been provided. 11. A modification to the conditions imposed at the time of Site Development Review approval which are not the subject of B. 1 through 10 above. The applicant has stated, "the requested modification does not preclude or hinder conformance to the Conditions of Approval. Actually the requested modification provides 8 feet additional frontage along SW Pacific Highway which more closely conforms to the Tigard Triangle Design Standards for frontage along Major and Minor arterial streets. Additionally the ground floor wall area with windows shall be adjusted proportionally to compensate for the additional frontage." Staff concurs and finds this standard has been satisfied. This request is determined to be a minor modification to an existing site. The Directors designee has determined that the proposed minor modification of this existing site will promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. THIS REQUEST HAS BEEN APPROVED SUBJECT TO THE FOLLOWING CONDITION: 1. Prior to Final Occupancy, the applicant must provide evidence that a minimum of 15% landscaping has been installed. If you need additional information or have any questions, please call me at (503) 639-4171. Sincerely, Julia Powell Hajduk Associate Planner hA curplan 4ulialminmod\guardian,doc c: 1997 correspondence file, SDR 92-0022 land use file, Jeff Piccalo 9/18/97 Marcel Desranleau Letter Page 2 of 2 RE: Car Toys/SDR 97-0006 Minor Mod. Approval -ATE OF OREGON RETURN RECORDED DOCUD TO: SS ' CITY HALL RECORDS DEPAh_ _c;nT, .inty of Washington CITY OF TIGARD I, Jerry R. Hanson, Director of Assess- 131.25 SW Hall Blvd. ment and Taxation and Ex-Officio County Tigard,OR 97223 Clerk for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county: 46%)4Get"1*"CORPORATION q—I _ Jerry R. Hanson. Director of File No. 1 v►�"'"' Assessment and Taxation, Ex- Officio County Clerk Doc : 97101535 DEDICATION DEED Rect: 196956 23. 00 10/29/1997 10: 02: 33am FOR ROAD OR STREET PURPOSES e c Tiir—X tE/�L ES7�4 7 ��/G does hereby dedicate to the public a perpetual right-of-way for street,road,and utility purposes on,over,across, under, along, and within the following described real properties in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. i - IN WITNESS WHEREOF, I hereunto set my hand on this 477�day of - 19 9 7 . C:gcr fr( I kic Name of Corporation Signat qi"--7 30 �—��LC- � -s . Address /. - Lt Signature Tax Statement Mailing ress((iifdi•fferentfrom above) Title STATE OF OREGON ) )ss. County of Washington ) / This instrument was acknowledged before me on �! ��7 g f date)by (name(s)of person(s))as r 2,�Si dam, (type of authority,e.g.,officer,trustee,etc.) of ?),(cl-k-tru' i Cs" -t-, vmL (name of party on behalf of whom instrument was executed). ,,,,, rt0/411.4AA-IL! .1 stosvii2,i w otary's ignature 7_ q c� - 5 � �ti;s Z ' ltd mission Expires: 02�' f / \-•1s '�}' '��,�?8 9q OF wASY. Accepted on behallao''the City of Tigard this 14- day of O 4E) '-4-ht , 19 9 7 P City Engineer 11E NGT UB-F ORM1ROwOE-CO.DOT ! r 3 f - E X H I B I T A Beginning at an Iron Rod on the South Line of that certain tract of land as described in Book 288 Page 53 Washington County, Oregon Deed Records said point bears S 85'22 ' 30" E 22 . 44 feet from the Northeast Corner of PALMER ACRES, A Plat of Record in the Southwest Quarter of Section 36, T1S, R1W, W.M. , Washington County, Oregon and running thence N 85"22 ' 30" W along the said South Line of that certain tract of land as described in Book 288 Page 53 14 . 19 feet to an Iron Rod, thence N 28'58 ' 35" W parallel with and 47 . 00 foot distant from the monumented centerline of Dartmouth Street Extension 157 . 55 feet to an Iron Rod, thence along a 26 . 00 foot radius curve to the left (with a delta of 51''04 ' 50" and a long chord of which bears N 54'31 ' 00" W 22 . 42 feet ] with an arc length of 23 .18 feet to an Iron Rod on the Southeasterly Right-of-Way Line of Southwest Pacific Highway, thence N 52'49 ' 35" E along the said Southeasterly Right-of-Way Line 16 . 86 feet to Westerly Line of Parcel I of Exhibit "A" of Document Number 83-014678 said Washington County, Oregon Deed Records, thence S 36'41 ' 15" E along .the said Westerly Line of Parcel I 35 . 76 feet to the Northwesterly Corner of that certain tract of land as described in Document Number 85-50034 said Washington County, Oregon Deed Records, thence S 28 '58 ' 35" E along the Westerly Line of said tract of land as described in Document Number 85-50034 152 . 60 feet to the point of beginning. a • / • i • �' \ • - i S f eb 3� 0 Awl • \6. �d D �6 o`O 0040 ZA,\oo \-l. 30 - - F��' P�`'° z s °' GAS, QP �,`� 0' `'' ■ m 0 Gj• 5�P 4 oC `his, O' �(n 2>.I\ 4.. b F 4 VA .$ A D • 51'04'50" \ O wit 4 R = 26.00 Z at Os L = 23.18 O \9_, it LC = N54'31'00" W \ W b 22.42 OQ u SCALE 1" r 40' ��.� 60 ■ /..."---1\ I •• 266.07 \ 4\ ■ N 85' 22' 30" W •280.52 i 22.44 -.46..,_P.O.B. N. E. CORNER/ ■ "PALMER ACRES" CITY OF TIGARD January 16, 1998 OREGON Kent Cumming Cumming Construction Company 2565 SW Towle Avenue Gresham, OR 97080 RE: Landscape Improvements Performance Bond No. 1560393 For: Car Toys - City of Tigard Dear Mr. Cumming: This letter is to inform you of the release of the Landscaping Improvements Performance Bond for Site Development Review (SDR) 97-0006. I recently conducted a site visit and the landscaping appears to have been satisfactorily installed as agreed. I have enclosed the Bond along with this letter of acceptance as the terms of the bond have been satisfied and therefore, the bond is no longer required. If you have any questions or if I can be of any assistance, please feel free to call me at (503) 639-4171. Sincerely, a)&c."..72/ ahet „, William D'Andrea Associate Planner, AICP i:lcurpin\wll\carbond.ltr c: SDR 97-0006 Land Use File 1998 Planning Correspondence File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 12.0_3/1_ 103:42 5037 716230 ORE'.3CN GROUNDE MGMT PAGE 01 S 4% . Oregon Grounds . .. Management, inc. tj`i-,r -4,,. -..- - ►Mw- -;�f,w.. 4.r *U oslo•ws'Il..«,.is..w-...F,.!•.,+-..;..5,.,. 1. December 3, 1997 C!1MMTNG CONSTRUCTION COMPANY Attn: Kent Cumming 2565 SW Towle Avenue Gresham, OR 97080 RE: CAR TOYS - TIGARD As of 12/03/97, 65% of the landscape at the Car Toys Tigard job site has been completed. This leaves a remainder of $5800 .. 00 value of unfinished landscape. Thank You / Brian ill ii ;:,: _ ZI--• esident Oregon Grounds Mgmt. , nc. Corporate Office: 4703 SE 65th Avenue • Portland, OR 97206 Portland: (503) 771-6130 FAX (503) 771-6230 • Bend: (503) 383-1841 FAX (503) 383-1670 12/03/1997 10:48 5037716230 ,,�, ; , ,OREGON GRC1UNUS MGMT PAGE 02 s:,....,„ . ...s • . _ _, _ . Q • e L-1,:_.,:") �--I P/,v,'c.:7- _`� _.aT G IMPROVEMENTS CP PERFORMANCE BOND Bond No. 156 03 93 KNOW ALL MEN BY THESE PRESENCE, that we KENT CUMMING CONSTRUCTION as Principal, and THE EXPLORER INSURANCE COMPANY , a corporation duly authorized to conduct a general surety business in the State of Oregon, as Surety, are jointly and severally held bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called obligee, in the sum of $ 5 , 800 . 00 , lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are conc ng grading -and installing -arecion cent-m-o-i improvements on property (located at) (identified by an improvement plan known as) CAR TOYS STORE / TIGARD, OR. located in the City of Tigard, Oregon, in accordance with a grading plan approved by the City of Tigard, Oregon. /4N: 1-. t , (S,DC )g c11 -C' C-- NOW, THEREFORE, if the Principal herein shall faithfully ���and/truly��� observe and comply with all terms and conditions of the approved plan and shall well and truly perform matters pppoved �- plan y perform allmatte_s and things undertaken to be performed under all ordinances, regulations and conditions of the Obligee applicable to said development and improvement, and shall promptly make payments to all persons supplying labor or material for any of the work provided by said agreement, and shall not permit any lien or claim to be filed or prosecuted against the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies, the City, in the event it shall prevail, shall be entitled to recover such sums as the Court may adjudge reasonable as and for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 3RD day of DECEMBER 1997 KENT CUMMING CONSTRUCTION Pr. pal By: i 1 71 (A true copy of the Power of Attorney THE EXPLORER INSURANCE CQMPAN7 must be attached to the original of S ty .0';(rCri. this bond) . { "AtYtorney in Fact MOLLY K. MAI\TEFIE / � } Address 7 HI\ENGDOC\MASTE?SUCC22A.KST The Explorer Insurance Company HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE COMPANY,an Arizona Corporation, does hereby appoint: MOLLY K. MANSFIELD its true and lawful Attorney(s)-in-Fact,with full power and authority,to execute, on behalf of the Company,fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF,THE EXPLORER INSURANCE COMPANY has caused these presents to be signed by its duly authorized officers this 2nd day of April 1996 . \ssui, THE EXPLORER INSURANCE COMPANY A.,° O • SEAL o b. W joNA C STATE OF CALIFORNIA SS. John L. Hannum, -enior Vice President COUNTY OF SAN DIEGO On April 2nd, 1996 before me, personally appeared John L. Hannum, Senior Vice President of THE EXPLORER INSURANCE COMPANY, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation,on behalf of which he acted, executed the instrument. WITNESS my hand and official seal. r MARLAYNA DU BOIS ' r COMM. 4107790E (-1,-,=- 'd NOTAR'f r ai.IC-CALiFORNi.A Q1 1 r— 'i2` U ,r'� • SAN DIEGO COUNTY 0 i Notary Public �� �- A1v Commission Expires i CERTIFICATE f�OVEtviBER 19,1x399 I, Alden F. Miller, III, Assistant Vice President of THE EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. L _ IN WITNESS WHEREOF, I have subscribed my name as Assistant Vice President, on this 1L day of e/f\,IX.( 19�7. . ■NSUq THE EXPLORER INSURANCE COMPANY <,."' o opr ��„y � o v SEAL n s� +y ; O J��'?o M A +Dj� ji� � Alden F.Miller, Ill,Assistant Vice President EXP 37