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Report (2) P. 1 : Nai ciair r % • FACSIMILE TRANSMITTAL To: Sue Ross From: Deborah Martisak Fax: 503-684-7297 pages: Four (4) Mom= 50 3-718-2453 Date: May 18, 2004 Re: Space Age Fuel CC: Jane Tumor & Allan Clair Comments: I left you a message regarding the following attachments. This is new information as of this morning. Please call me and lets discuss path forward. BUILDING CODE CONSULTANTS • ARCHITECTS • ENGINEERS • INSPECTION +TESTING SERVICES __...... er e !in!: 7f;t: rAY.qz..1 www.daircampanrcaut • J I :.i :_ r :-,,� n.rvu LI IY PAGE 03 2 r 2 :34 583 --525- -9256 loot "' i : , H . '; ill . t. EtiGniECR 3 PAGE Si I ex.:.:::. •� WAS1H w ' ON U 1 ' . co REGON _. " q nt Mound T Div ision (503) 946 79oo • PA ; !) 0 o 97123 (� �.7sto • i.•••.' I GA' ?/".etch 17.2004 I ;`3' S` �� , ,, • 7 �ign.Inc. j: n eery Dd�1ir� I: • 5 3W Barbur Blvd., Ste. 101 i' Portite.OR 97219 /: ' Re: TIF Credits for Space Age F f , F ,r Ro at Highway "� 9nway 99dv /3%. reoueeted in your letter of March 3. 2004. on this sub portion of your work is eligible for TIF credit ti Is as subject, my rden with a Washington hat f�oll in et�rdance with the npt Gour!<ty Code. Section 3.17.070. 1. The constniotion of the left-turn lime on Fischer Road at requirements in Section 3.17.0T0. A for credits for a �»dty k°' r ve, meets the C-ed� would be Provided then woad IL the center 28' of the road to w frr' the tuSane, necessary outside the signing, and saw cutting along rlength length of the turn lane end transition into it .•• 2. Cenatruction of the median ba i,. er required only as part of your Is not eligible for credits since NIA median Is d9 n right -out access. (33..11 7.070 C3) :"• o:''lEr iron • (3.17.0 t improvements we not eligible since they do not add capacity. '' relocation not allowed fqr TIF credits (3.17.070 C10), Any Issue with . reioeation of V fac ieles 10 between You and Vettzorr� `t �� ‘, I' I, • . � . I . I' p . 3 • rAtit 04 .. _ .. . . Qj oos ,-.-,• ••.0.61 : 2; ;44 583- -525 - -9266 : . DL. ENGiNEERING PE ez4 r . - • i 7:c Credits for Space Age Fuels, Fiskher Road et Highway 99W i: 1 ..: . ..1: P A - • . i.,..,t.p..t.. fl-NAuirer in nents Secifon 3.17.0 , 'D for applying for the credits (eltached)- - i: '•i, e , ;• : ,.. -1 • ,;irticerra cal -- l if you have any • .. • - - My nurnberls 503446-P324. t . . • Sncere*. • . 1 4 S. MXer. P.E. .. . County Engineer I r: Norm Rimier Steven L. Kelley , -.. ) ... . . •! • . ... .,. oisnamnwpstimmors urrimpap•eavioutosKailgukd oe • , i ... ! . r 2, 3d p.4 683 - -$25 --9266 �. �.�, �, a i v PAGE 05 1 D- ENGINEERING oot PACE 94 3.37450 � tea Cemeny rode , • i:r. CDs± to v. w p*t shill or decrease i .10/y the dollar amount OA county Im ed above shill a to a$ increase or decrease. The el of after adjumosen aoeuot� derailment '4�s �oaepCeQ for �v;er, ^ rel kwabic I 319 sa e ORS board. NAM amulet( of the uo4oa coat index and is sbau be f Alit A(pat>t))� 1990) I *dating to writs of adP�. o Gtcodl Gott county. 3 -17.p63 tootsaat t .A. thdess deem/. theta( impaled is o city. e presided ioio e 3 the time of is ofa e d fog a permit by cis county ewer( as to �. p����y_��� �p�ai.l is fdl.l: X48 permit shall be Emend fog a development subject r � 10. - . a`�edRI A o ic[th, ia chest s where the amount e., Cm: Cu taco finer O the time ap tapes a one permit impact tor e, a bomber, te (Or a pe t.'1' shall �4 l be made is tt he say -me tsars: of dad tin t°P'dl toe be paid in fixes W� to the duo defers-at pane r o the aoreg nasshay 1e foe amount elfin Medan paacy a� ' t ;y, of rime of application for deFirr� c as provided in subsection mae selection k irrevocable. for dd°^ra1. Paiitir++e to specify shall be onion option mint be tease C. Any traffic impact foe may bee did to be erJ�oa;o4 of the credit option. 'Ra x.205 tbraw a 223.185. c impact the a ay oi} 'b!b for internal sedtneing bsooroh Agreements, .2os t rc as +d g Act or a ey adopted p� r ss. IlX in Ay (xl to ORS herein, shall be Keehn is term in the fang 6 and installment payment 7:21Yie impact foe through Tfak impact foe from 31,00 ' 9 �" through S5,000 Traffic impact fee $5,001 and more I. S � tip ■ Aay install/now or baaagie(t agreement talcs or the 0 4ml:eating by the chief "'fir �nncial !> an t of as m current al market ! t .7. ed *lb the bop of mei in t Applitiesona an agreement, team t, as provided to eubtoe( of this d e8.t the time of�buit permit sppticstion, � 1°e erm t+ as pursuant occupancy permit if pitted pursuant ■ . p. 6 Aft Washington County Department of land Use and TRAFFIC IMPACT FEE Transportation Land Development Services Division INSTALLMENT 155 North First AvenuO ( Hillsboro, Oregon 97124 PAYMENT APPLICATION In the Matter of the Traffic Impact Fee for spa [`P Age- FnP1 Tax Map 2s1 1 5 RD , Lot Number(s) Ti L. 2600 , Building Permit No.Rr1P20020021 7 Site Addressl F879 SW Pail i f; el Hwy _ Subdivision Case File No. L) 2 0 01- 001 TIF Land Use District x i na (`j I y (Description of Property) To the Washington County Department of Land Use and Transportation: In accordance with Washington County Code Chapter 3.17, the traffic impact fee ordinance, I HEREBY APPLY AND AGREE, JOINTLY AND SEVERALLY, to pay my traffic impact fee, as has been determined by Washington County in 2 semi- annual installments of the amount financed together with one -half of one year's interest thereon at a rate of 4% annual percentage rate on the unpaid amount owed. The first payment is due six months thereafter and a t six (6) month intervals thereafter for a period of 1 q years. Each installment payment will include principal and interest. I hereby irrevocably waive any and all irregularities, defects or claims, jurisdictional or otherwise, in the proceedings to determine and charge the traffic impact fee amount due, any credits or offsets, or any other matters relating to application of the traffic impact fee ordinance. If l neglect or refuse to pay any part of the installments provided herein, including interest, within one (1) year after the same shall have become due and payable, then the whole amount of the unpaid assessment shall ( .ecome due and payable at once and shall be collected in any manner provided by law, including as provided l i Washington County Code Section 3.17.130. The traffic impact fee, annual percentage rate of interest ( 9 %) and finance charges which I agree to pay are as follows: HIGHWAY TRANSIT • 1) Amount of Traffic Impact Fee - 6 8 , 0 9 6 - 0 0 2) Amount Financed 68 , 0 9 6.0.0 3) Finance Charge (if paid in semi - annual installments) 1 • 60 1 4) TOTAL AMOUN TTO BE PAID __ ,r 5) EQUAL SEMI- ANNUAL PAYMENTS —1,214-9_6 I understand use of the installment payment option means that the traffic impact fee due shall be a lien on the above- described property pursuant to Washington County Code Section 3.17.060 and ORS 223.230. I acknowledge receipt of a Notice of Right to Cancel This Application. DATED this day of 19 Signature of Property Owners) Signature of Property Owner(s) STATE OF OREGON ) Name (Please Print): • ) ss Address: _ County of Washington ) • SUBSCRIBED AND SWORN TO BEFORE me this day of _ 19 Notary Public for Oregon My Commission Expires: White to Assessment and Taxation (Verification of Ownership Required) . Pink to Finance; Yellow to He S 115 BD-0),(0o0 P.7 Prepared for: Space Ago Fuol TIF Foes Date 11/01/2003 Fee Amortization Schedule Value 68096.00 Loan % 100.00% 68096.00 Prepaid interest 0.00 Stated APR 9.00000% Eff. lnt Rate 9.00% 4.50% / 6 Mos. Int Rate Adj. 0.00000% Term (Yrs) 10 20.00 Pints Pmt 5,234.96 Pmt Amt Loan Date 11/01/2003 First Pmt Data 05/01/2004 Pmt Date Pint # Semi Annual Interest Principal Principal Payment Applied Applied Balance 11/01/2003 68,096.00 05/01/2004 1 5,234.96 3,064.32 2,170.64 65,925.36 11/01/2004 2 5,234.96 2,966.64 2,268.32 63,657.05 05/01/2005 3 5.234.96 2.864.57 2,370.39 61.286.65 11/01/2005 4 5,234.96 2,757.90 2,477.06 58,809.60 05/01/2006 5 5.234,96 2,646.43 2,588.53 56,221.07 11/01/2006 6 5,234.96 2,529.95 2,705.01 53,516.06 05/01/2007 7 5,234.96 2,408.22 2,826.74 50,689,33 11/01/2007 8 5,234.96 2.281,02 2,953.94 47,735.39 05/01/2008 9 5,234.96 2,148.09 3,086.87 44,648.52 11/01/2008 10 5,234.96 2,009.18 3.225.77 41.422.75 05/01/2009 11 5,234.96 1,884.02 3,370.03 38,051.81 11/01/2009 12 5,234.96 1,712.33 3.522,63 34,529.19 05/01/2010 13 5,234.96 1,553.81 3,681.14 30,848.04 11/01/2010 14 5,234.96 1,388.16 3,846.80 27,001.25 05/01/2011 15 5,234.96 1,215.06 4,019.90 22,981.34 11/01/2011 16 5,234.96 1,034.16 4,200.80 18,780.55 05/01/2012 17 5,234.96 845.12 4,389.83 14,390.71 11/01/2012 18 5.234.96 647.58 4.587,38 9,803.34 05/01/2013 19 5,234.96 441.15 4,703.81 5,009.53 11/01/2013 20 5,234.96 225.43 5,009.53 (0.00) Totals 104,699.16 36,603.16 68,096.00 1 lt%ip /Lr7YS Y,1_:41. ZVJ.Sb.'f_or ll 1r1 r u riiu �l i ....... 8 - £U CEIVED or_ .1$11y,A02 00217 Building Permit No. COUNTYWIDE TRAFFIC IMPACT FEE Planning File No. PAYMENT OPTION FORM 2S 1 15BD TA. 2600 Tax Map & Lot No. i()/20/03 Date Space Age Fuel Project Name • I realize that I must make a decision on payment of the Traffic impact Fee (TIF) at this time. Therefore I request the following (Choose whichever option or options are applicable): Cash or Check I n Credit Voucher Bancroft or Installment Payments and /or n The Ordinance allows for deferral of payment of the TIF until issuance of the occupancy permit if the TIF is greater than $5,000.00. If the TIF meets this requirement, I also regi,,est this option. I under stand the TIF must be paid prior to issuance of an occupancy permit. I also understand that the TIF will be recalculated based on the prevailing rates at time of payment. Please be advised that TIF rates may increase up to six percent each July 1st. This rate increase is not subject to appeal. r* Deterred payment on gas station and Convcnieute store ■ • • OWNER -AP CANT OWNER /APPLICANT CC: Building Permit File Payment Option Notebook form MOP 11•-1 L1/ L r • , r,. l•a. Li JCI.�U.�JJf ri v.. f ur r.�f .�. vi r r • . ...... - F 9 - COT.d MARKET ■r 11■•■ir DATE: �� PLANS CF4 CK NO.: . - 1 0/20/03 8U; r002 00217 PROJCCT TIRE: *� SPACE AGE FUEL IJ CON 1 YWIDE TRAFFIC IMPACT FEE 'uo: JIm PLISKA WORKSHEET .. , G A 7 60 ' 7 (FOR NON- SINGLE FAMILY USES) GREsAAM,. OR 9703.0 (503) 665 -5693 RATE PER T 2S 1 NO,: T/L 2600 LAND USE CATEGORY TRIP Ste$ NO, ADDRESS: RESIDENTIAL $x.00 X BUSINESS AND COMIMERCIAL :. • $6.4;�b ' • • . • OFFICE •:f - . .INDUSTRIAL $244.00, 1 i INSTITUTIONAL ti „ $105:00'= ' . I PAYMENT METHOD: CASH/CHECK CREDIT ‘NSTITUTIONAL ONLY: 4 BANGRoPT (PROMISSORY NvTE). ! i i4D.4E cc, GoRY,. i)F.. r.Rl of bF IN gKDAY Am j R p WEEKEND Ave. TRIP . DEFER TO�OCCUPANCY . :5 .31' • _ - _„ , I t i . . '? CATS .1UO.0O I .. BASIS: SQ. FT. OF BUILDABLE AREA — WKDAY AVERAGE TRIP X RATE • CALCULAr IONS: ' 2640.1: 1000 2.64 s - 2.M R 160 = 264 • • • ... . . - 264 ;; $64.00 = $16:896 ' . •. • • P ROJECT TRIP GEN A. ,. . • $16,896.00 ,; ,.I ,c. . . . a 5•• , r I. :. ;.. .. .. iPR UNTING PURPOSES TRANSIT AMT.: 'PREPARED BY_ �.• I �4.-- .--1 La 21. 2002 / D;NtnvweBRWr.idyrat 02137.EGe cc:. WASHINGTON [JINJNTY 17F NOTEBOOK • Li IY ur T.a1•. .._ . • • p. 1O Y »: 42 50 E39�771 GAS STAT LUN DATA: MANS CHECK NO.. 10/20/03 8131'2002 00217 . PROJECT TITLE: • . SPACE AGE FUEL CUUN E ' TRAFFIC IMPACT FEE p�PP1,ipANT: pT.:IsxA • WORKSI{EET • . M UNG{►0D BOX 607 'OR NOT7-S4Ki FAMILY US ESI + ,CITy gP/OHONE q . LL � . qp : 11 p N • • • If RATE PER ' 72S 1 ).58D T/L 2600 • LAND USE CATEGORY TRIP SITUS NO, ADDRESS: IN RESIDENTIAL $253.00 BUSINESS AND COMMERCIAL!...' $ 54:430: ' OFFICE qZ33:00 - INDUSTRIAL $244.00. INSTITUTIONAL , . $105 :00 : , PAYMENT METHOD CAS WCHEdC IN:+T1Ti rt10NA1- ONLY' CREDIT • . WEND AVG TRIP RY•. ti DESCRIPTIOi . J tAVO . tR IP IfANCROF'T PROMS +C1lC N07E7a [A1yD . l�SEC'1E RATE • Lra,4NCY 131+b . uSE X DOFF TO.QG6. BASIS: Weekday averagE trips x V±&) T'Lp ate CALCULATIONS: rage trips . 8 pump R.x 100= 800rgk zv day. • 800 x $64.00 , $51,,200.00 .. • • . .... __. - • •, . ' rRO JE TRIPGENERATION: � > '$51,200.00 �.w t .... : :• :` : , 'pg ,O FiNG PURPOSES ADOfl ONAt'61OTIrS nr ? l ROi412 /Lttn:;• . . , . i'PREPARED BY: 1 May rt. 2oca • D etsmosAW t O -d ,d9C Cc WASHINtGTOM COUNTY TIF NOTEBOOK • Albert Shields - Space Age Fuel — 16875 SW Pacific Hwy, King City. Page 1 From: Albert Shields To: Jane Turner Date: 7/8/04 9:32AM Subject: Space Age Fuel —16875 SW Pacific Hwy, King City. Thank you, Jane, for the confirmation of the TIF fee payment. Thank you, Stan, for your and Space Age's prompt cooperation in resolving the formerly incomplete items and issues regarding the project at 16875 SW Pacific Hwy, King City. This confirms that all permits issued by the City of Tigard relating that project have received final inspection approval, all requirements of Washington County have been met, and the TIF fee payment has been made to and accepted by King City. All of the items and issues we have previously discussed have now been properly completed, the property is in compliance with the applicable codes regarding those items and issues, and no violations remain outstanding. This further confirms that the City of Tigard will assess no penalties and no fees (beyond the permit fees previously paid) regarding any of the above. It has been a pleasure to work with you and to have your cooperation in bringing this matter to completion. Susan, thank you for your patience and help in tracking this project and its resolution. This closes my file on Space Age Fuels. Albert Shields Housing & Building Inspector Building Codes Enforcement Officer City of Tigard 503 -639 -4171 Ext. 2426 Albert@ci.tigard.or.us • »> "Jane Turner" <jturner @ci.king - city.or.us> 07/08/04 08:23AM »> Mr. Shields, Mr. Stohr's has hand delivered his TIF fees for Space Age Fuel. I received them July 7, 2004. It is my understanding that he can now be issued his Certificate of Occupancy. Thank you for your consideration. Jane Turner CC: Hap Watkins; Stan Stohr; Susan Ross JUN -30 -04 16:04 FROM- T -044 P.01/05 F -186 Post -it' Fax Note 7671 Dow049/ 5 ___. ToJ.Ip W f y Js - Fran, K/ rl ere AG UE -�. - - __; Co/Dept. a T (1 GA Ili Y co. 8 = Pnone Pnone 6 M 7--- - -- Fax a 62_1- - g ( Fax g Murray Smidi &Assuoaies,Inc. ' EngineeriFlannen N 121 SW Salmon, Swte 900 • • Poidaad, Otegon `97204 -2919 • ■ PHONE 503.225.9010 • FAX 503125.90 92-0251. * ** June 29, 2004 Mr. Jim Pliska Space Age Fuel P.O. Box 607 Gresham, OR 97303 Re: Space Age Fuel, Traffic Impact Fee (TIP) and Fee Credit Determination Dear Jim: This letter serves to present the determination of Traffic Impact Fee (TIF) Credit, and thus the total fee amount, associated with the site development at 16825 SW Pacific Highway. Certain work appears to be eligible for credit as per the attached Washington County letter, dated March 17, 2004. We have coordinated with the contractor, Meng - Hannan Construction, Inc., for street improvements on the project to clarify the costs of the eligible credit portion of the project. The attached revised spreadsheet for quantities and costs, as prepared by the contractor identifies the total cost for that portion of the work that is eligible for TIF credits (see attached Meng - Hannan fax dated June 28, 2004). We agree with the revised spreadsheet and the total credit amount is $53,565.71. It is our understanding that the Traffic Impact Fee for the project has been calculated at $68,096.00, and payment of the fee has been deferred; therefore, a total TIF payment in the amount of $14,530.29 is due to the City of King City. / It is also our understanding that payment of the fee is a requirement prior to the City of Tigard issuing the occupancy permit. Following receipt of payment to the City of King City, we will notify the City of Tigard of such so that the occupancy permit may be completed. Please do not hesitate to contact our office if you should have any questions or comments in this regard. Thank you. . Sincerely, MURRAY, SMITH & ASSOCIATES, INC. . 0. 2r/- Kyle P. McTeague, P. . Senior Engineer • F wKco1ECTSL42wSO404-BrrERStPIhk.6- 29-04 400 AUG - 13 -2002 09 :38 PARSONS BRINKERHOFF 5032741412 P.02/08 _ _ _ Parsons 400 SW Sixth Avenue Brinckerhoff Suite 802 — = Portland, OR 97204 -1628 503- 274 -8772 Fax: 503- 274 -1412 YCA{IS MEMORANDUM VIA FAX 503 -525 -9266 TO: Gary Darling, DL Engineering FROM: Keith Liden, City Planner RE: Space Age Fuels Final Plan Review DATE: August 13, 2002 Background The city of King City approved a proposal for Space Age Fuels on the northwest comer of SW Pacific Highway and Fischer Road, which included four land use actions: • Zone Change from Washington County CBD (Community Business District) to King City LC (Limited Commercial). • Site Plan Review to establish a new commercial development on the property. • Conditional Use to establish a quick vehicle service use (fuel sales in this case) on the property. • Conditional Use to operate 24 hours per day. The zone change application was approved as a separate land use action. The second land use decision related to the remaining three actions. This approval was subject to nine conditions. On behalf of Space Age Fuels, DL Engineering has submitted a set of plans and a letter addressing the conditions of approval. The materials are generally in compliance.with the conditions of approval, but additional information will be necessary before the city will authorize building and grading permit approval. My comments are organized according to the conditions of approval. Please feel free to call or e-mail me if you have any comments or questions (503 478 - 2348, liden@pbworld.com). Space Agc Fuels ZCISPR/CU Final Plan Review Over a Century of Page - t Engineering Excellence AUG -13 -2002 0 38 PARSONS BR 5032741412 P.03/88 9 — too YEAR Site Plan Review and Conditional Use Conditions of Approval • 1. Prior to issuance of a building permit for the restaurant, site and landscaping plans and supporting information shall be submitted for City Manager approval. The plan and related information shall include: a A minimum of 8 bicycle parking spaces located and designed to meet CDC standards in Chapter 16.132. The location of the proposed bicycle parking is appropriate. However, in addition, the rack design (consistent with CDC Section 16.132.070, attached) must also be approved. Please submit a design of the proposed rack(s) for approval. If you would like design suggestions, please feel free to call me. b. Confirmation that the vehicle parking requirements of Chapter 16.132 are satisfied. This is ultimately based upon the uses and the floor areas occupied by these uses. The total floor area is noted, but it is not clear how this floor area will be divided between the restaurant and service station uses. Please submit this information. c. An on -site sidewalk connection between the Pacific Highway sidewalk and the building entrances with a minimum width of 5 feet. I have left a voice message with Sam Hunaidi, ODOT, regarding this sidewalk Hopefully, we can get this cleared up promptly. If all other conditions are satisfied, and the city and ODOT are still debating this one, I will authorize permit issuance so you can get started. d. An exterior lighting plan that will provide sufficient shielding from light and glare for nearby residential uses to the south and west. You indicate that this plan is provided, but I could not find it. e. Verification of Pride Disposal approval for waste and recyclable facilities. I'll need a response from Pride Disposal before I approve the plans. Space Age Fuels ZC/SPR/CU Final Plan Review Over a Century of Page - 2 Engineering Erceiionce AUG -13 -2062 09 :38 PARSONS BRINKERHOFF 5032741412 P.64i08 Y00 YCA(1,: 0 f. A grading plan for the entire site, with special attention being given to the transition grade areas on the site earmarked for a "next phase" (Sheets C2.1 and C3.1). The extent of the grading shown on Sheet C3.1 is approved as part of this application. This complies with the city's approval. However, because of the sensitivity of the trees that are to be retained, I would like written confirmation (short letter or e-mail is fine) from the arborist that the grading plan (Sheet C3.1, dated 8/06/02) is consistent with the tree preservation plan (Sheet C1.2, dated 8/06/02). Also, I assume that the 20 ", 24", and 30" trees in the ODOT right - of - way near the northeast corner of the property will be retained. Please have the arborist confirm this. g. A plan for clearing invasive plants, brush, and trash in a manner consistent with the arborist's report in Exhibit b and the landscaping plan submitted with this application. This condition is satisfied. 2. The applicant shall provide verification to the City Manager that all necessary permits and public facility improvements have been obtained and are financially assured. These shall include: a. Washington County requirements identified in Exhibit A. Full half street improvements, include curb and gutter, shall be provided along the S. W. Fischer Road property frontage to supplement the county requirements. In addition, a public sidewalk, meeting Washington County standards, shall be provided along S. W. Fischer Road between the property frontage and the sidewalk on S. W. Queen Anne Avenue. b. ODOT requirements as identified in Exhibit B. c. Clean Water Services requirements identified in Exhibit C. I'll need confirmation of agency approvals_ 3. The tree protection program and methods described in the arborist's report (Exhibit D) are approved for the entire site ( "this phase" and "next phase" as shown on the plans). It shall be followed at all times during construction. However, other than the work approved under Condition 1. f. and g., no work, construction, parking, storage, vegetation removal, or similar activities shall be allowed in the area shown as a "next phase" on the applicant's site plan (Sheet C2.1) until a site plan review application has been approved by the city for that area. A fence or similar barrier shall be erected and maintained until construction is completed and an occupancy permit is obtained. Prior to approving an occupancy permit, the applicant shall submit an arborist report to the City Manager confirming that the recommendations in Exhibit D were followed during construction and that the trees are in healthy and stable condition. Space Age Fuels ZCISPR/CU • Final Plan Review Over a Century of Page - 3 Engineering Excellence AUG -13 -2002 09 38 PARSONS BRINKERHOFF 5032741412 P.05/08 • mm— YEARS e This is satisfied to obtain building and grading permits. We'll revisit this prior to occupancy permits. 4. Prior to occupancy of the gas station/convenience store, the improvements and landscaping described in Conditions 1 and 2 above shall be installed or financially assured. To be reviewed prior to occupancy. Landscaping plan submitted (Sheet L -1, dated 8/08/02) is amended, but continues to comply with code requirements. 5. The gas station and convenience store may operate 24 hours per day. This approval will not apply to future uses on the property in the proposed building or other future buildings on the property. New uses on this property must receive a new conditional use approval for extended business hours. 6. No outdoor music, attendant bells, or public address systems shall be permitted at any time. 7. Signs shall be approved and permitted by the city prior to installation. 8. A new site plan review application shall be required prior to developing the area labeled as the "next phase" on the site plan. Such an application will not be required to include the portion of the site (labeled "this phase ") that is covered as part of this application and approval. Other than the work approved under Condition 1. f. and g., vegetation removal or development on the western ( "next phase ") portion of the site must first receive a site plan review approval from the city. Conditions 5 -8 are not directly related to permit issuance. 9. This approval shall be valid upon City Council approval of the zone change. It will remain valid if exercised within one year of the final approval date of the zone change. This condition is satisfied. cc: Jane Turner, City Manager Gary Lampella, Building Official (Tigard) Kyle McTeague, Murray Smith & Assoc. Space Age Fuels ZC/SPR/CU Final Plan Review Over a Century of Page - 4 Engineering Excellence AUG -13 -2002 09:39 PARSONS BRINKERHOFF 5032741412 P.06/08 • B. Lighting. Any lights provided to illuminate public or private parking areas or vehicle sales areas shall . be arranged to reflect the light away from any neighboring residential district. C. Pavement. All parking spaces and access drives shall be paved to specifications approved by the city • manager. • D. Drainage: 1. Off-street parking and loading areas shall be drained in accordance with specifications approved by the city manager to ensure that ponding of storm water does not occur. 2. Except for single- family and two - family resi- dences, off- street parking and loading facilities shall be drained to avoid flow of water across public sidewalks and streets. E. Wheel Stops: 1. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop that is at least 4 inches high located three feet back from the front of the parking space. 2. The.front 3 feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. F. Maintenance of Parking Areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. 16.132.060 Minimum Bic cle parkins Requirements. :Min • - � ,.<.. >, a °�hg ��egi � i:re ments:�� T7se : g: < �.:..:. • ; .,.,... ,.•f:.: �ecifzc..:iTsesr- . ... ::Twtin.iinum° Ite'� " w:N r�' lcv A. Residential Categories 1. Single Family • Single Family Facilities Attached /Detached ■ Manufactured Home • Mobile Home ✓ Duplex ■ Residential Care 2. Multi - Family r Multi - Family 1 space per unit Group Living Studio /1 Bedroom is Multi- Family 1 space per unit 2 or more Bedrooms B. Commercial Categories '— 1. Retail Sales • Retail, Personal 1 space per 4,000 sq. ft. and Service Service, Repair or 2 minimum King City Development Code September 18, 1996 Article 2 9 Page - 29 AUG -13 -2002 09:39 PARSONS BRINKERHOFF 5032741412 P.07/08 :> ,w„. , z ;.,� cyc ,e. Pa kizig . rerrremt :s= � :. :,, r ..: :: :., w ' '.;q, 1.rg4 Cate xly LA7: ; .ax ;... r••• e k : s � > atea° es ' v ; : ;S e' Eiftc+.Uses � 3 :r. 7.,„o ! • K ss:e! •.xa.a 9 x r 4 • a;o.:rg.,, ,rcas.,,r,i .: o;•w* ? .gicv um�:RaQuxt e . :oho <c;: ,., . , . ..,r+>:: ✓ ,. o4A•• W x.': o-):: a "'Fi ••�i : .......,,..Y ..:.,,. b� ... : > :. . , .. $ . h. : � C1�,C`�;LsrPd :T'YC :.'. + . Nrt. 1 • Retail, Repair 1 space per 6,000 sq. ft. Large merchandise or 2 minimum such as home appliances, furniture • Restaurants, 1 space per 5,000 sq. ft. Health Clubs, or 6 minimum Meeting Rooms • Motel 1 Space per 5 rooms, or 2 minimum • Theater 1 space per 5 rooms, or 2 . minimum 2. Office • Professional 1 space per 4,000 sq. ft. Government or 2 minimum a Medical, Dental 1 space per 5,000 sq. ft. or 2 minimum 3. Automotive ■ Service Stations, 1 space per 6,000 sq. ft. Vehicle Repair or 2 minimum • Quick Vehicle 1 space per 6,000 sq. ft. Service, Car Wash or 2 minimum C. Institutional Categories 1. Utilities ■ Transit Station/ 10 spaces per acre, or 6 Park and Ride minimum* • Other use Types Number determined as part • of conditional use 2. Public Safety Number determined Facilities ne as part of conditional use 3. Community • Parks Per site plan or condi- Recreation U Meeting Halls, Lionel use review Recreation • Buildings 4. Schools • Grades K -9 6 spaces per classroom p ■ Grades 9 -12 --- 4 spaces per 40 seats in Studio /I Bedroom main assembly area, or 4 minimum 5. Religious 1 space per 40 seats in Assembly main assembly area, or 4 _ minimum * All spaces shall be covered and 50 of the spaces shall be lockable enclosures. 7 16.132.070 Bicycle Parkin Desi Standards. A. Parking Facility Design: King City Development Code September 18, 1996 Article Page - 30 30 AUG -13 -2002 09 39 PARSONS BRINKERHOFF 5032741412 P. 08/08 1. Bicycle parking facilities shall either be lockable enclosures in which the bicycle is stored, or secure stationary rack which support the frame so the bicycle cannot easily be pushed or fall to one side. Racks that require a user - supplied lock shall accommodate locking the frame and both wheels using either a cable or U- shaped lock, 2. Bicycle parking spaces shall be at least 6 feet long and 2.5 feet wide, and overhead clearance in covered spaces shall be a minimum of 7 feet_ 3.. A 5 foot aisle for bicycle maneuvering shall be provided and maintained beside or between each row of bicycle parking. 4. Bicycle racks or lockers shall be securely anchored. 5. Required bicycle parking shall be located in a well lighted, secure location within 50 feet of an entrance to the building, but not farther from the entrance of the building than the closest standard or compact vehicle parking space. 6. Bicycle parking shall not obstruct walkways. A minimum 5 foot wide aisle shall remain clear. 7. If 10 or more bicycle spaces are required for commercial development, then at least 50 percent of the bicycle spaces must be covered. A lockable enclosure shall be considered as a covered parking space. 8. All of the required bicycle parking for residential uses shall be covered. This may include space provided in a carport or garage. B. Locational Standards for Bicycle Parking: • 1. All required bicycle parking shall be located on the site within 5o feet of main building entrances and not farther from the entrance than the closest standard or compact motor vehicle parking space. Bicycle parking shall have direct access to both the public right -of -way and to the main entrance of the principal use. 2. For buildings or development with multiple entrances, required short term bicycle parking shall be distributed proportionally at the various public entrances. Required long -term public parking shall also be distributed at the various public entrances, while employee parking shall be located at the employee entrance, if appropriate. right -of -way with ofythe located in the public 4. Bicycle parking may be provided within a building, but the location must be easily accessible for bicyclists. 16.132.080 Loading Area Standards. A. Off - Street Loading Dimensions: 1. The design, entrances, exists, and location of each loading berth or area shall be approved by the city manager. King City Development Code September 18, 1996 Article Page -31 31 TOTAL P.08 10/21/2003 15:36 5036393771 CITY OF KING CITY PAGE 02/02 3 5 : 44 FAX 503 65 1741 1 CITY OF KING CITY PAGE 02 SPACE A(,I VUL�L 1 PAGE tJ eJ: 4L 5�3b3y377 • RECEIVED ?o o �� Building Permit No. COUNTYWIDE OCT 21 20P • • - `Jn BFI C + .0 ACT FEE CITY OF TIGARD Planning File Nc :A. - �4LL' 1�1 1 OPTION Fc DIVISION 25 X 15BD 2600 Tax Map & Lot No. • Space Aga F>pa,1. N ame • realize that I must make a decision on payment of the Traffic Impact Fee (TIP) at this time. Therefore I • rzqueist the following (Choose whichever option or options are applicable): • Cash or Check • Oredit Voucher • 1 Bancroft or Installment Payments and /or The Ordinance allows for deferral of payment of the TIF until Issuance of the occupancy permit if the TIF is greater than $5,000.00. if the TIF Meets this requirement, I also rectl,leat this option. I under stand the TIF must be paid prior to issuance of an occupancy permit. I also understand that the TIF will be recarculated based on the prevailing rates attune of payment. Please be advised that TIF rates increase up to six percent each July let. This rate increase is not subject to appeal. ,•A /CANT OWNER /APPUCANT • • • • • • O su4dinB Parmtt File `'?'!.rent Option Notebook form tif02 41 KING CITY 15300 S.W. 116th Avenue, King City, Oregon 97224-2693 Phone: (503) 639-4082 • FAX (503) 639-3771 Notice To Contractors Working In King City Due to an intergovernmental agreement with the City of Tigard, many building related permits for projects in King City are issued and inspected by the City of Tigard. If your permit application DOES NOT REQUIRE PLAN REVIEW, simply complete the appropriate application legibly and submit it to the King City staff. The King City staff will collect all fees and fax the application to the City of Tigard. City of Tigard staff will then create the permit, issue the permit, and perform inspections. Please indicate on the permit application whether you would like the Tigard staff to call you when the permit is ready for issuance or whether you prefer it to be mailed without any notification. Any incomplete or illegible application will be returned to King Cite staff for correction and no processing will occur until a • complete, legible application is received. If your permit application DOES REQUIRE PLAN REVIEW, this form must be signed by a King City staff person. King City staff will simply sign this form indicating land use approval. Take this signed form to the City of Tigard Development Services Counter located at 13125 SW Hall Blvd. Tigard, to submit applications and plans. Development Services Technicians are available at 639 -4171 Ext. 304 should you have any questions concerning submittal requirements. All permit fees will be assessed and collected at the City of Tigard. The City of King City hereby authorizes applicant to pursue permits at the City of Tigard Building Department for the following project: 4Cae�A1e, ,Q - ) 6-atom I, 5 located at: 110695 5 IPAe_i_ f tr - DeX2 66/..La/ King City Representative 5 2 2- • I DSTS FC[NST DOC r �� REC IVED_._- C1eanWater S -r vices Our commitment is clear. AUG 0 4 2003 SANITARY p ° f 155 N First Avenue, 5 ite 270 _ Hillsboro, Oregon 9'124 CITY OF I • � .� (503) 846-8621 BUILDING l ; - , . A CE WATER 1 i TR [11.1 SITE PERMIT • I SUE DATE 080403 EXPIRATION DATE 080305 PERMIT 124565 S RUCTURE ADDRESS 16875 PROJECT 8617 S ?RUCTURE STREET SW PACIFIC HIGHWAY TSPE OCCUPANCY- (4 ) COMMER_CIAL PARCEL 2S1 15BD 2600 • SPACE AGE FUELS -KING CITY O.NER PLISKA CONSTRUCTION ADDRESS 607 PO BOX GRESHAM OR 97030 PHONE 503 - 665 -5693 SITE FEES SYSTEM DEVELOPEMENT FEES I AREA 75041.00 WATER QUALITY 6390.00 AIREAGE 3.00 LESS CREDIT < 6390.00> WATER QUANTITY 7232.50 LESS CREDIT < 7232.50> PlAN CHECK -SANI 0.00 PAN CHECK -SWM 1513.75 EROSION CONTROL L.I ADMIN 0.00 INSPECTION 120.00 i - PLAN CHECK 78.00 LINE TAP.INSP 100.00 • TOTAL 1811.75 A'PL NAME HAL PHONE A CONTR R MARKS SITE PERMIT PROJ 8617 SPACE AGE FUELS. KING CITY * * ** Number to call for INSPECTION -- 846 -8444 OISONG C'EDIT AVAILABL -IF PE .IS D- CREDIT DISTR.: .I� LOTS S GNATUR i i. ,. a UMPHREJ, 6 . r • N ��S ter: tR Permit conditions: The applicant agrees to comply with all the rules and regulations of Clean Water Services, including those regarding erosion control. A 24 -hour notice is required for all inspections. The inspection request number is (503) 846 -8444. When calling for an inspection, please refer to the permit, project and lot numbers. The Permit expires one hundred eighty (180) days from the date of issuance. The District does not guarantee the accuracy of the location of side sewer laterals. Revised 6/03 White - USA, Blue -Accounting, Green - Inspection, Yellow-Customer 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 02 • NOTICE OF DECISION CITY OF KING CITY PLANNING COMMISSION • SPACE AGE FUEL • • • The City of King City Planning Commission held a public hearing on January 23, 2002 to consider the application. The Commission's decision is based on the facts, findings and conclusions noted below. GENERAL INFORMATION Application The proposal includes four land use actions: • Zone Change from Washington County CBD (Community Business District) to King City LC (Limited Commercial). • Site Plan Review to establish a new commercial development on tb.e property. • Conditional Use to establish a quick vehicle service use (fuel sales in this case) on the property. • • Conditional Use to operate 24 hours per day. Location Northwest corner of S. W. Pacific Highway and Fischer Road (Assessors Map No. 2S1 15BD, • Tax Lot 2600). • Comprehensive Plan DesiEnation • • Commercial Zoning Designation • Washington County Community Business District (CBD) • Applicant Owner • Space Age Fuel, Inc. Estate of Leah Zednick Lafe Feller Charles McClure P. O. Box 607 32910 Peoria Road Gresham. OR 97030 Corvallis, OR 97333 • 503 - 665-5693 503- 639 -4108 • • King City Planning Commission Space Age Fuels ZC /SPRJCU Final Order Page 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 03 • BACKGROUND INFORMATION Site Conditions The property is undeveloped. It has frontage on S. W. Pacific Highway to the east and S. W. Fischer Road to the south. As described in the application, there are a significant number of mature trees on the site, including Douglas firs and several deciduous species. Vicinity Description The plan and zoning designations and current land use of the surrounding area are summarized in the table below: Land Use Summary • Parcels I ,Plan/Zone Designation I Land Use Subject Washington Co. CBD Undeveloped Property • North LC Limited Commercial Retail East Washington Co. R -15 Pacific Highway /residential South Washington Co. R -24 Fischer Rd. /multi- family West SF Single Family Single family residential S. W. Fischer Road is a public street, which is partially improved with pavement and a gravel shoulder along the property frontage. There are no sidewalks along the north side of S. W. Fischer Road between S. W. Pacific Highway and S. W. Queen Anne Avenue, located approximately 90 feet to the west of the property. Curbs and sidewalks are present on the south side of the street. Project Description As noted above, the application consists of four parts that are summarized below. • • Zone Change The property was annexed by King City, however, the Washington County zone designation for the property has not yet been changed by the city. The Urban Planning Area Agreement (UPAA) between the city and the county stipulates that for annexed land, the city shall apply a zone district that most closely resembles the existing county designation. Because of its CBD county designation, a commercial zone is required. Because the Limited Commercial (LC) zone is the King City Planning Commission SpxLce Age Fuels 2C/SPR/CU Final Order Page - 2 • 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 04 • • only commercial designation available in the city, it must be applied to this property according to the UPAA. Site Plan Review • The applicant proposes to develop the property in two phases. The first phase includes a gas station and convenience store, totaling 3,375 square feet of floor area (see applicant's site plan). The maximum height of the building and the canopy over the gas pumps is less than 30 feet. A second phase contemplates another commercial building along the west side of the property. The details of the second phase are not provided, and a separate site plan review application will be required when the development details for this portion of the site are known. The plans submitted by the applicant indicate that the area for the second phase will be left: in its natural state until future development plans are approved by the city. Conditional Use — Quick Vehicle Service A gas station is included under the Community Development Code (CDC) definition of "quick vehicle service ", which also applies to car washes and oil change /maintenance services. These types of uses must be approved through a conditional use review, The gas station and the associated pumps are proposed to be located on the eastern portion of the property. Conditional Use — Extended Business Hours Section 16.156.070 of the CDC requires a conditional use approval of commercial business activities that extend outside of the hours of 8 a.m. to 10 p.m. The applicant proposes to operate the gas station and convenience store 24 hours per day. Agency Comments Washington County Department of Land Use and Transportation has reviewed the application and recommends that a number of conditions of approval be linked to approval of the development. These are noted in the attached memoranda from the county. The primary requirements include additional right-of-way dedication along the S. W. Fischer Road frontage to provide a 33 -foot width from centerline, sidewalk, street widening, drainage improvements, and access restricted as shown on the site plan (see Exhibit A for a full description). The Oregon Department of Transportation (ODOT) submitted a letter (and a correction memo dated 1/16/02) containing a number of proposed conditions of approval (see Exhibit B). Clean Water Services submitted comments regarding the proposal (see Exhibit C). The agency is primarily recommending connection to public sanitary sewer and appropriate design of storm water facilities. The letter notes possible flood plain or floodway issues, but the maps available to the city indicate that the flood plain is south of S. W. 131 Avenue. This should be confirmed prior to issuing permits. No other agency comments have been received. King City Planning Commission Space Age Fuels ZC/SPR/CU Final Order Page -3 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 05 FINDINGS AND CONCLUSIONS As noted above, the proposal includes four applications. The applicable review criteria for each of the four are addressed in this section. Zone Change The King City Comprehensive Plan contains locational criteria for each of the basic land use categories in the city. The city has the LC zone to accommodate commercial activities. The plan indicates that commercial uses are intended to be located along S. W. Pacific Highway in both the King City Comprehensive Plan and the Washington County Bull Mountain Community Plan. Page 27 of the Comprehensive Plan lists seven characteristics that properties zoned LC should have. These criteria are satisfied as described below: 1. The site shall have direct access to a major collector or arterial street. The property has direct access to S. W. Fischer Road, which is a major collector street. 2. Sufficient facility and service capacity, Public facilities, such as water and sewer are available to the site. The conditions of approval for the subsequent development of the property will ensure that other facilities, such as street and storm drainage improvements are properly provided. Police and fire protection are provided by King City and Tualatin Fire and Rescue. 3. Traffic congestion or safety problems shall not be created or exacerbated. A traffic study has been presented by the applicant and reviewed by Washington County and ODOT. Both agencies have concluded that with the conditions of approval recommended in Exhibits A and B, commercial development on the site can be properly accommodated and that traffic impacts will be mitigated. 4. There are no natural development limitations. No natural development limitations exist on the site. 5. Opportunities will be available to achieve a compatible relationship with surrounding land uses. Specific techniques for compatibility are available for this property as part of site plan and/or conditional use review. Of particular interest will be the residential usos to the west and south. Compatibility will be addressed as part of this application and a subsequent application to develop the western portion of the property. King City Planning Commission Spice Age Fuels ZC/SPR/CU Final Order Page .4 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 06 6. Public transit is available to the site or immediate area, Tri-Met provides service along S. W. Pacific Highway. 7. Contiguity with existing commercial properties. The property is adjacent with commercial property to the north. The proposed rezoning is consistent with the above criteria. In addition, it is consistent with the UPAA provisions described earlier in this report. Site Plan Review The King City Community Development Code (CDC), which is Title 16 of the King City Municipal Code, contains the applicable review standards. The relevant evaluation criteria are found in CDC Chapters: • 16.104 Limited Commercial (LC) Zone; • 16.124 Landscaping and Beautification; • 16.128 Tree Removal; • 16.132 Parking and Loading; • 16.136 Circulation and Access; • 16.144 Vision Clearance; • 16.148 Signs; • 16.152 Site Plan Review; and • • 16.208 Improvements. • Limited Commercial Zone (16.104) Sections 16.104.020 through 16.104.050 contain the basic standards for the LC Zone. Permitted and conditional uses in the LC zone are subject to the standards of this zone. Conditional uses or extended hours are also subject to Chapter 16.156 as discussed later in this report. King City Planning Commission Space Age Fuels ZC/SPIt/CU Final Order Page - 5 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 07 The relevant standards in Section 16.104.040 are: • Lot size (min.) 4,000 square feet • Lot width (min.) 40 feet • Lot depth (mint.) 80 feet • Building setbacks (min.) Front 0 feet Side 0 feet (10 feet adjacent to a residential zone) Rear 0 feet (25 feet adjacent to a residential zone) • Height (max.) 30•feet (grade to highest point of the building) • Lot coverage (max.) Building and impervious surface may not exceed 85% of total site area The site and the proposed gas station and convenience store in the first phase meet the lot dimension/size standards, maximum building height, and lot coverage standards as shown in the submitted plans. Landscaping and Beautification (16.124) Sections 16.124.050 and 060 require "yard trees" along the S. W. Fischer Road and Pacific Highway street frontages. The landscaping plan includes yard trees along both street frontages. The applicant proposes to retain seven conifers and plant seven Crimson. King Maple trees along the street frontages. Section 16.124.060 requires yard trees have an average spacing of 25 to 40 feet, depending upon the mature size of the tree. This standard is met because the conifers have a mature height over 40 feet, and the maples will grow to reach 40 -60 feet. Section 16.124.140 requires that parking areas be screened in some fashion from the street and other viewing areas. In addition, shade trees are required within and adjacent to parking areas at a ratio of one tree per seven spaces. The proposed landscaping plan shows that adequate screening will be provided by a shrub border along both street frontages. Shade trees will be provided at a ration exceeding the code standard. Also, several existing conifer and deciduous trees will be retained around the parking area. Tree Removal (16.128) • Chapter 16. 128 is intended to minimize the number of trees removed and to encourage the retention of trees as property is developed. The applicant provided a tree survey and arborist's report regarding the many trees on the property. The arborist report provides the information to show that the approval criteria in Section 16.128.050 are satisfied because: 1. The landscaping plan calls for retaining many of the healthy trees on the site. King City Planning Commission Space Age Fuels ZC/SPR/CU Final Order Page . 6 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 08 2. While the proposal calls for removing a significant number of trees, the applicant has made a reasonable effort to save as many trees as possible. Over 30 frees will be retained. 3. The plan considers the mutual protection that the remaining trees will provide for one another, and calls for the removal of trees that are or will become unstable after the development is completed. 4. The plan retains significant groupings of trees in a variety of locations on the property, and a significant number will be retained along the western boundary with residential uses. 5. Some of the retained trees will help satisfy the provisions of Chapter 16.124. 6. Although the number of new trees will not replace the number of those removed, the landscaping plan provides for new trees that will help rznitigat the impact of the tree removal. Parking and Loading (16.132) Section 16.132.030 requires one parking space per 500 square feet of quick vehicle service and retail floor area. Seven spaces are required for the 3,375 square-foot building. A maximum standard of 14 spaces also applies. However, 29 standard and handicapped spaces are provided. Unless the convenience store use changes to another permitted use in the ;LC zone that has a higher maximum parking requirement, 15 spaces must be eliminated from the first development phase shown in this application. In addition, the applicant has conflicting floor area figures in the building plans and the application narrative. These numbers and uses should be clarified so the appropriate number of parking spaces may be determined. Bicycle parking is shown on the east and west sides of the building. The applicant proposes a total of 8 bicycle parking spaces. This appears to be adequate for any commercial use that will ultimately occupy the site. The bike parking design will require city approval prior to installation. Circulation and Access (16.136) Section 16.136.040 requires a minimum driveway pavement width of 24 feet_ This standard is met. A 5 -foot sidewalk is also required to provide a pedestrian entry to the site. The only sidewalk entry is shown conceptually as part of a future development phase for the western portion of the property. To improve on -site pedestrian circulation, a sidewalk entry should be provided between the building and the Pacific Highway sidewalk (required per ODOT comments, Exhibit B). The second sidewalk entry from S. W. Fischer Road may be deferred and provided as part of the future development phase. • Vision Clearance (16.144) Adjacent to driveways, obstructions between 3 and 8 feet in height are not allowed. The existing landscaping and improvements meet this standard. The proposed shrubs do have a mature height that could exceed 3 feet, so the owner will need to be sure that they are trimmed as necessary to maintain adequate sight clearance. King City Planning Commission Splice Age Fuels ZC /SPR/CU Final Order Page - 7 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE' 09 • Signs (16.148) The proposed signs for the project are described conceptually, but except for the canopy signs, specific designs are not proposed. The concepts appear to meet code requirements, but sign permits must be approved by the city prior to installation. Site Plan Review (16152) The approval standards in Section 16.152.110 include a reference to other code sections, which have been covered in this report. A special design consideration is Section 16.152.110 O. deals with storage of solid waste and recyclable material. The code requires a minimum storage area for these materials of 30 square feet. Accommodation of solid waste and recyclable materials should be provided in coordination with Pride Disposal. Improvements (16.208) This chapter requires that public improvements be made to support development. One of these requirements pertains to public street improvements. The recommended conditions of approval by ODOT and Washington County will satisfy the city requirements except for two additions. First, the street improvements along S. W. Fischer should be upgraded to full half street improvements with curb and gutter to supplement the county requirements. Second, the sidewalk to S. W. Queen Anne Avenue should also be provided_ The convenience store will obviously be serving motorists, but it will also served the surrounding neighborhoods. However, the half street improvements along S. W. Fischer Road will leave a gap of approximately 90 feet to the sidewalk system in the neighborhood to the west. To provide appropriate pedestrian access, this sidewalk segment should also be constructed. This is authorized by Washington County Resolution and Order 86 -95. Because these streets are not under city jurisdiction, the improvements should meet ODOT or Washington County design standards and specifications, Conditional Use Review — Ouick Vehicle Service (16.156) A conditional use approval is required for the gas station. The general approval standards in Section 16.156.050 A are satisfied as described below: 1. The site size and dimensions provide adequate area for the needs of the proposed use; The site meets the dimensional requirements of the LC zone. As shown on the site plans, the size of the site and dimensions provide adequate area for the needs of the proposed gasoline station and convenience store. The size of the site and location of uses within the site provide sufficient setbacks, landscaping, parking and buffering of adjacent uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The site is relatively flat, currently undeveloped, and without natural limitations (other than existing trees). The characteristics of the site are suitable for the proposed gasoline station and King City Planning Commission Space Age Fuels ZC/SPR/CU Final Order Page - 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 10 convenience store. The topography of the site is suitable for development, and does not present any significant obstacles from an engineering or planning perspective. The only natural feature on the site are the trees, which are addressed in the arborist's report attached to the application materials. As explained in that report, the applicant proposes to preserve many of the trees present on the site. 3. All required public facilities have adequate capacity to serve the proposal; Except for the lack of public street and sidewalk improvements as described above, the existing public services and facilities provide adequate capacity to serve the proposed use. As addressed in the traffic impact analysis prepared by Lancaster Engini,.ering, sufficient capacity exists on both S. W. Fischer Road and Pacific Highway to allow the proposed uses. Also, as recommended by the Lancaster report, the applicant will extend the existing northbound left turn lane on S. W. Pacific Highway, improving the queue length for left turns onto Fischer Road. Street and sidewalk improvements will be required by Washington County, ODOT, and the city. A public sidewalk to S. W. Queen Anne Avenue will provide safe and convenient access between the gas station/convenience store and the adjoining neighborhood to the west. 4. The applicable requirements of the zoning district are met except as modified by the Chapter; and As noted above in this report, the existing development meets the requirements of the LC zone. S. The applicable criteria set forth in Section 16.152.110, Approval Standards, are met. Section 16.152.110 in the Site Plan Review chapter includes references to other code sections, which have been covered in this report. In addition, some sections are not relevant because redevelopment is not proposed for the site. • Section 16.152.110 O. is a special design standard, which deals with storage of solid waste and recyclable material. Accommodation is made for solid waste. The code requires a minimum storage area for these materials of 30 square feet. Solid waste and recyclable materials storage should be provided in coordination with, Pride Disposal. The specific approval standards in Section 16.156.060 H. for quick vehicle service uses are satisfied as noted below: 1. All cleaning, repair, and maintenance work shall be conducted indoors. No vehicle cleaning or maintenance is proposed. 2. No outdoor storage of vehicles or equipment. No outdoor storage is proposed. King City Planning Commission Space Age Fuels ZC /SPIt/CU Final Order Page - 9 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 11 3. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site, including inside the building(s). The gas station/convenience store will be over 100 feet from adjoining residential properties to the west. Prior to permit approval, the city manager should be given the opportunity to review and approve specific plans for lighting on the property. In addition, the natural vegetation that occupies the area of the second phase will provide a visual buffer for the present. This issue will need to be revisited as part of a future site plan review application to develop this portion of the site. 4. The transportation system is capable of safely ,supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to collector or arterial streets, transit availability, on- street parking impacts, access requirements, neighborhood impacts, and pedestrian and bicyclist safety. As demonstrated in the application and by the agency comments, the! transportation system is capable of supporting the development. The only exception is the lack of pedestrian access from the neighborhood to the west. Conditional Use — Extended Business Hours (16.156.070) To operate with extended business hours, the following criteria must be satisfied: 1. Business uses in the Limited Commercial (LC) Zone shall have a minimum distance of 100 feet between the nearest customer door of the business building and the nearest residentially zoned property. The gas station and pumps are more than 100 feet away from residential properties to the west and south. 2. Uses in non - commercial zones shall have activity areas, such as building entrances, parking lots, and loading areas located a minimum of 100 feet from the nearest residential property. Not applicable because this is in a commercial zone. 3. Nearby properties shall be buffered from potential noise impacts related to activities occurring on the site. • The landscaping proposed in the application will help provide adequate buffering between this activity and nearby residential uses. As noted above, special attention. should paid to lighting when final construction plans are prepared for final review by the city. Finally, the second development phase on the west side of the site will need to be evaluated for compatibility with adjoining residences. As part of a future site plan review, landscaping and buffering will be addressed for the western portion of the property. King City Planning Commission Space Age Fuels ZC/SPR/CU Final Order Page - 10 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 12 4. 411 other conditional use criteria of this Chapter are satisfied. All development requirements will be required as reflected in the decision and conditions of approval. DECISION The decision is divided into two actions. The first is a Planning Commission recommendation to the City Council regarding the proposed zone change application. The second action is a Planning Commission decision regarding the site plan review and the two conditional use applications. Zone Change Based upon the above facts, findings, and conclusions, which are relevant to the zone change application, the Planning Commission RECOMMENDS APPROVAL of the proposed zone change application to the King City Council. Site Plan Review and Conditional Use Based upon the above facts, findings, and conclusions, the Planning Conunission APPROVES the proposed site plan review and conditional use application subject to the following conditions: 1. Prior to issuance of a building permit for the restaurant, site and landscaping plans and supporting information shall be submitted for City Manager approval. The plan and related information shall include: a A minimum of 8 bicycle parking spaces located and designed to meet CDC standards in Chapter 16.132. b. Confirmation that the vehicle parking requirements of Chapter 16.132 are satisfied. c. An on -site sidewalk connection between the Pacific Highway sidewalk and the building entrances with a minimum width of 5 feet. d. An exterior lighting plan that will provide sufficient shielding from light and glare. for nearby residential uses to the south and west. e. Verification of Pride Disposal approval for waste and recyclabl ?e facilities. f. A grading plan for the entire site, with special attention being given to the transition grade areas on the site earmarked for a "next phase" (Sheets C2.1 and C3.1). The extent of the grading shown on Sheet C3.1 is approved as part of this application. g. A plan for clearing invasive plants, brush, and trash in a manner consistent with the arborist's report in Exhibit D and the landscaping plan submitted with this application. 2. The applicant shall provide verification to the City Manager that all necessary permits and public facility improvements have been obtained and are financially assured. These shall include: a. Washington County requirements identified in Exhibit A. Pull half street improvements, include curb and gutter, shall be provided along the S. W. Fischer Road property frontage to King City Planning Commission Space Age Fuels ZC/SPR/CU Final Order Page - 11 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 13 supplement the county requirements. In addition, a public sidewalk, meeting Washington County standards, shall be provided along S. W. Fischer Road between the property frontage and the sidewalk on S. W. Queen Anne Avenue. b. ODOT requirements as identified in Exhibit B. c. Clean Water Services requirements identified in Exhibit C. 3. The tree protection program and methods described in the arborist's report (Exhibit D) are approved for the entire site ("this phase" and "next phase" as shown on the plans). It shall be followed at all times during construction. However, other than the work approved under Condition 1. f. and g., no work, construction, parking, storage, vegetation removal, or similar activities shall be allowed in the area shown as a "next phase" on the applicant's site plan (Sheet C2.1) until a site plan review application has been approved by the city for that area. A fence or similar barrier shall be erected and maintained until construction is completed and an occupancy permit is obtained. Prior to approving an occupancy permit, the applicant shall submit an arborist report to the City Manager confirming that the recommendations in Exhibit D were followed during construction and that the trees are in healthy and stable condition. 4. Prior to occupancy of the gas station/convenience store, the improvements and landscaping described in Conditions 1 and 2 above shall be installed or financially assured. 5. The gas station and convenience store may operate 24 hours per day. This approval will not apply to future uses on the property in the proposed building or other future buildings on the property. New uses on this property must receive a new conditional use approval for extended business hours. 6. No outdoor music, attendant bells, or public address systems shall be permitted at any time, 7. Signs shall be approved and permitted by the city prior to installation. 8. A new site plan review application shall be required prior to developing the area labeled as the "next phase" on the site plan. Such an application will not be required to include the portion of the site (labeled "this phase ") that is covered as part of this application and approval. Other than the work approved under Condition 1. f. and g., vegetation removal or development on the western ( "next phase ") portion of the site must first receive a site plan review approval from the city. King City Planning Commission Si :iaee Age Fuels ZC/SF /CU Final Order Page - 12 12/04/2002 10:27 5036393771 CITY OF KING CITY PAGE 14 9. This approval shall be valid upon City Council approval of the zone change. It will remain valid if exercised within one year of the final approval date of the zone change. 6 Signed this date: February 2002. AO. Chuck Faes, Chair City of King City Planning Commission The site plan review and conditional use decisions shall become final after 5:00 p.m. on February / , 2002. Any appeal of this decision by a party that has standing must be filed before this time in accordance with Chapter 16.68 of the King City Municipal Code. Please contact the city staff for further information. • King City Planning Commission Space Age Fuels ZC /SPR/CU Final Order Page -13