Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
MMD2001-00005
MMD2001 -. 00005 LOWE ' S March 30, 2001 Michael Robinson CITY OF TIGARD Standard Insurance Center OREGON 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Dear Mr. Robinson: This letter is in response to your request for Minor Modification (MMD2001-00005) approval to modify the approved site plan for the Lowe's Home Improvement Warehouse store approved by SDR 98-0007. The modification requested will allow the construction of an emergency generator and the removal of the requirement to install a 6-foot high wood fence along the northern property line adjacent to properties previously used for residential purposes. This property is zoned General Commercial (CG). 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 generator will be 113 square feet, however, because the modification will not increase or decrease floor area or retail space, there is no change in the number of parking spaces 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. The generator will be nestled into an existing bank and will not exceed the building height of the main building. 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. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 Page 1 of 4 7. An increase in vehicular traffic to, and from the site, and the increase can be expected to exceed 20 vehicles per day. There is no increase in floor area, therefore, there is not increase in vehicular traffic anticipated as a result of this modification. 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 not increase the retail floor area, therefore, this standard has been met. In any event, the generator will be 113 square feet, which is well under the 10% or 5,000 square foot requirement. 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. The generator will be approximately 113 square feet. The existing site has 145,756 square feet of landscaping. The removal of this small amount of landscaping (less than 1%) will not reduce the landscaping below the required 15 percent and does not represent a 10% reduction in landscaping. 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 fence was previously required because the adjacent properties were residential uses and had not converted to commercial. Both properties have now converted to commercial uses and the buffer and screening would not be required if Lowe's were being reviewed at this time. In addition, both property owners have indicated that they do not wish to have a wood fence installed and are in support of removal of this feature. The generator is in an area intended for landscaping, however there remains well over 20 feet of landscaping between the generator location and the nearest road or property, therefore the location does not reduce an amenity below that required by the code. In addition, the generator will be recessed into the ground slightly and screened by vegetation. The applicant has provided a revised landscaping plan for this portion of the site which will be used to determine compliance at time of the final landscape inspection. 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 proposed modifications do not modify conditions previously approved. As discussed in more detail below, the modifications are not in conflict with the development code standards or the DET recommendation to the Planning Commission. Lowe's generator minor modification(MMD 2001-00005) Page 2 of 4 ADDITIONAL COMMENTS/CONCERNS Environmental Performance Standards (18.725) This standard regulates visible emissions, vibration, odors, glare and heat, insects and rodents and noise of a use. The generator, feasibly, could result in all of these with the exception of insects and rodents. The applicant has provided a letter from the project manager and director of construction stating that, based on their experience of this type of generator, vibration, odors, and heat and glare will not be an issue given the proposed location. However, their statement regarding visible emissions was not stated as being based on experience or observation. They simply stated that no visible emissions will be present beyond the property line and if the emission standards are made more restrictive, they will install a scrubber on the motor. The unsupported statements related to visible emissions, not being based on experience or observation, are insufficient to establish that there will not be visible emissions. More detailed information is needed before staff can find that the generator unit complies with the visible emissions standard. Evidence may take the form of manufacturers documentation, documentation by a testing agency, photographs showing the generator of the same type in operation, or a statement based on personal operation of a generator of the same type in use. The applicant has provided a noise analysis which indicates the noise levels of the generator will be between 60 and 69 dBA. The noise levels vary depending on the location of the receiving property. The applicant has pointed out that the operation of the generator itself is exempt from the noise standards because the Tigard Municipal Code Chapter 7.40.170 (a) states "emergency equipment not operating on a regular or scheduled basis". The applicant states that the generator must be tested, however the testing will not be regular or scheduled and will instead be periodic. However, elsewhere in the submittal information (letter from William Crocker) it is stated that the generator will be tested for one half hour between midnight and 4 am once a week. While staff commends the applicant for making every attempt to address the concerns of their neighbor at the LDS Family Services site, there are more concerns with violating noise standards in the middle of the night for the residential properties across the street where the dBA is expected to be 68 and 69. The allowable nighttime noise levels from a commercial source is 60 dBA. Since the allowable daytime (7am to 10pm) noise levels from a commercial use is 75 dBA, staff recommends that the testing times be modified so that it is during these hours. Staff also encourages the applicant to coordinate with the neighbors to insure that the testing time is not disruptive to normal operations. Tigard Triangle Design Standards The original site plan went through the DET with the building location and setbacks as shown. The placement of the generator is accessory to the main use. The code requires mechanical equipment to be screened which is proposed for the new generator. If the generator were required to comply with the Tigard Triangle Design Standards for "building" placement, it would do very little for the pedestrian feel of the area, create more issues with noise levels and violate our landscaping and screening standards. Staff finds that the location of the generator does not violate any of the Tigard Triangle Design standards. Lowe's generator minor modification(MMD 2001-00005) Page 3 of 4 This request is determined to be a minor modification to an existing approved plan. The Director's 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 CONDITIONS: 1. Prior to the issuance of permits, submit more detailed information or evidence that verifies there will be no visible emissions beyond the property line as a result of the generator. 2. Testing of the generator must be between the hours of 7am and 10pm as opposed to the times previously proposed. The applicant must coordinate testing times so that it is the least disruptive to neighboring properties. Prior to the issuance of permits, the applicant must submit evidence that they have attempted to contact the neighbors to determine which times will be least disruptive. 3. Prior to the issuance of permits, submit a letter confirming acknowledgement of Condition #2 and confirming that, in the unlikely event that the generator violates any of the applicable environmental performance standards, the applicant will take immediate action to permanently correct the problem. If you need additional information or have any questions, please call me at (503) 639-4171. Sincerely, • Xii/(4 ,14/ Julia Powell Hajduk Associate Planner is\curplan\julia\minmod\Lowe's generator.doc c: SDR 98-0008 land use file MMD2001-00005 land use file Lowe's Home Improvement Warehouse Highway 268 N. Wilkesboro, NC 28656 Lowe's generator minor modification(MMD 2001-00005) Page 4 of 4 RECEIVFr APR 0 3 2001 COMMUNITY UEVau. April 3, 2001 Ms. Julia Hajduk, Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Minor Modification Application by Lowe's HIW, Inc.; Dear Julia: Per your request, I met with Barbara Newham and Mr. and Mrs. Stober, all property owners of SW Beveland Street adjacent to Lowe's HIW, inc, regarding the relocation of the emergency back-up generator and the maintenance operational hours. We discussed the new location of the emergency back-up generator approximately 155 feet from its previous location to its new proposed location, to the east, and that the maintenance operational hours be ran every Sunday from 11 a.m. to 11:30 a.m. Please contact me at 425.455.3203 if you have any items to discuss. V•ry t • .urs, S Jim Bryan, Project Manager Sconzo/Hallstrom Architects JB:kls \ ll�.u¢ 00a.0-+s■N S"�beg U E3 S Portlnd1-2069551.1 0021097-00006 LOWE'S HIW,Inc. "One of the 100 Best Companies to Work for in America!" WEST COAST ENGINEERING &CONSTRUCTION DEPARTMENT March 30, 2001 Julia Hajduk City of Tigard Community Development Department 13125 Southwest Hall Blvd. Tigard, OR 97223 Re: Lowe's of Tigard Minor Modification Application for Emergency Generator Dear Ms. Hajduk/ To Whom It May Concern: This letter is intended to fulfill two of the conditions proposed by your office in this application process. 1. It is the experience and observation of the Carlsbad Lowe's construction office and specifically, William Crocker, Project Manager for Lowe's HIW, Inc., that no particulate matter will be visible from the property lines during operation of the emergency generator. 2. Lowe's hereby declares that it will keep the generator in conformance with Tigard environmental standards. This includes future modifications in the event the standards are changed. Sincerely, zee' ele,r- Bill Crocker Project Manager Lowe's HIW, Inc. Paul Morris Director, West Coast Construction Lowe's HIW, Inc. 1530 Faraday Avenue,Suite 140,Carlsbad,California 92008• (760)804-5390• Fax (760)918-9112 t tAli MODIFICATION :I■ TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION CA PRE-APP. HELD WITH: Jim Hyndrix a(p l5 SW �a� DATE OF PRE-APP.: Property Address/Location(s): South of Beveland Road. West- of 72nd Avenue; 12615 SW 72nd Ave. , Tigard, OR 97223 Tax Map &Tax Lot#(s): WCTM 2S101AC, Tax Lots 01801 and FOR STAFF USE ONLY 01900; and 2S101AB, Tax Lots 02700, 02701, 02702, 02705 Site Size: 14.23 acres 02706 & 02707 . Property Owner/Deed Holders)*: Lowe's HIW; Lowe's Companies Address: Hwy 268 Phone: (760) 804-5300 „' - City: N. Wilkesboro, NC Zip: 28656 Case No.(s). s. =' Y: Applicant*: Lowe's HIW Other Case No.(s): Address: Highway 268 Phone: (760) 804-5100 City: N. Wilkesboro, NC Zip: 28656 Receipt No.: __ _ •- Application Accepted By: * When the owner and the applicant are different people, the applicant ,4 must be the purchaser of record or a lessee in possession with written Date: f • __ 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. Date Determined To Be Complete: PROPOSAL SUMMARY - . The owners of record of the subject property request permission for a Comp Plan/Zone Designation: Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not . - _ invoke one or more of the 11 criteria discussed within Section 18.120.070(B) of the Tigard Development Code. If the modification CIT Area: __ exceeds the maximum allowed under any one or more of the Recordin Date and Number:following criteria, a Major Modification review is required. Major g Modifications are processed in the same manner as a new Site • Development Review. In a separate letter, please address the - criteria below contained in Section 18.360.050(B) including a detailed Rev2/7/00 i:\curpin\rnasters\minormod.mst response to each criteria. I. An Increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. REQUIRED SUBMITTAL ELEMENTS 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s)by more than 20%. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehides per day. ✓ Application Elements Submitted: 8. An increase in the floor area proposed for a non-residential use by more than 10%exduding expansions under ❑ Application Form 5,000 square feet. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space gl Owner's Signature/Written Authorization area below the minimum required by this code or reduces the open space area by more than ten percent. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the 7 Title Transfer Instrument or Deed minimum established by this code or by more than 10%where specified in the site plan. ❑ Site Development Plan (3 copies) I i. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria I through 10 above. ❑ Site/Plot Plan (reduced 8'/u"x 11") In addition, the Director must find that the proposed change complies ❑ Applicant's Statement with the underlying standards of the applicable zoning district. To (Addressing Criteria Under Section 18.360.050(B) complete this review, the Applicant's proposal must include a discussion indicating how the site expansion will continue to comply [] Filing Fee $100.00 with the minimum setback, building height, parking land landscaping standards. Other applicable requirements such as minimum Clear Vision areas near driveways and street intersections may also be applicable depending on where the building expansion is proposed to be constructed on the site. 1 APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property, • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this ak.{1 day of F.e raR r-t' , e Owners ig 11-4-4-eAt_ 057 ru a Owner's Signature LOW/-4---C /1/ LA.9/ `L m' �'� C Signature Owner's Signature 2 Receipt #: 27200100000000001247 Date: 03/26/2001 T I D E M A R K COMPUTER SYSTEMS, INC, Line Items: Case No Tran Code Description Revenue Account No. Amount Due MMD2001-00005 (MISC] Misc Fee 100-0000-451000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check STOEL RIVES LLP ATTORNEYS 0 603740 $100.00 TOTAL AMOUNT PAID: $100.00 • • THE FAC OF THIS•• U T .S A C•LORED o A KG O ND•N W TE P••ER STOEL RIVES LLP 6 0 3 7 4 0 A T T O R N E Y S eitir KeyBank National Association Portland Secretaries Check Account 900 S.W. Fifth, Suite 2300 Portland. OR 97204-1268 (503) 224-3380 March 23, 2001 Date Pay to the order of CITY OF TIGARD $ 100.00 ONE HUNDRED AND NO/100 Dollars (amount not to exceed$250.00) 8 Reference/Case No. -i1 11 �'� �- Li SECURITY FEATURES INCLUDED DETAILS ON BACK. t!1 Client Name HIW, Inc. • Matter Name Tigard Store Amount 100.00 Date March 23, 2001 Payee CITY OF TIGARD Description Filing Fee for Minor Modification Application Attorney Number 2260 EPH and Initialc STATEMENT REGARDING MINOR MODIFICATION ON BEHALF OF LOWE'S HIW, INC. Port lnd1-2066749.1 0021097-00006 I. INTRODUCTION This statement is intended to address the criteria in the Tigard Community Development Code ("TCDC") Section 18.360.050(B)pertaining to Minor Modifications with respect to Lowe's HIW, Inc, ("Lowe's")proposal to modify its approved site plan for its retail facility on SW Beveland Road and SW 72"d Avenue. Lowe's seeks to construct an emergency generator and to delete the requirement for a wood fence as part of the buffer for two lots (Hermoso Subdivision Lots) abutting Lowe's property. Lowe's owns the lots on which the emergency generator will be sited and has authorization from the Tigard-Tualatin School District to seek modification regarding the fence. See Final Order 98-11 PC by City of Tigard Planning Commission. Minor modifications are permitted if they are in compliance with all applicable requirements of the TCDC and the modification is not a major modification. II. COMPLIANCE WITH THE TCDC 1. Deletion of the Fence is in Compliance with the TCDC The Lowe's property is zoned General Commercial("GC"). Two lots zoned Mixed Use Employment (MUE) adjoin the north side of the property and are located south of SW Beveland Road. These lots house LDS Family Services and Continental Dirt Contractors, Inc. A ten foot vegetative buffer surrounds the east, south and west sides of these properties because they were used for residential purposes at the time. The original site plan showed a wood fence to be built around these properties. In accord with the two property owners' wishes, Lowe's would like to delete this requirement. This modification is in compliance with applicable buffering and screening requirements. TCDC Section 18.745.050.A.2 provides that screening is not required between an MUE use and a GC use and that a 10 foot buffer is required between these uses. The LDS Family Services and Continental Dirt Contractors lots used be zoned residential at the time of the site plan approval but are now zoned MUE. Lowe's does not intend to remove the existing 10 foot vegetative buffer around these properties, and deletion of only the fence will not violate the TCDC. 2. The Emergency Generator is in Compliance with the TCDC Lowe's wishes to seek a minor modification to the approved site plan to permit the emergency generator as an accessory structure. An accessory structure is one that is "incidental and subordinate to the main use of the property and located on the same lot as the main use." TCDC §18.120.030.A.4. Such accessory structures are permitted in commercial zones provided the site still complies with all development standards of the base zone and the Uniform Building Code (UBC). TCDC §18.530.030. Portlnd l-2066749.1 0021097-00006 A. Accessory structure complies with GC base zone requirements and the UBC It is customary in Lowe's building and operating practices to have an emergency generator. In the vast majority of its retail developments, Lowe's, as a matter of course, installs emergency generators. Emergency generators are incidental and subordinate to businesses such as Lowe's who are designed, in part, to provide supplies in preparation for, during, and in response to emergency situations. The generator is a key component to assuring the ability to serve these needs during power-outages or emergency situations. As depicted on the site plan, the emergency generator is to be located on the north side of the property, on the east side of the truck accessway driveway leading into the facility from SW Beveland Road. The emergency generator is approximately 17 feet by 6.66 feet, or 113 square feet, and will consist of a concrete pad, and the generating unit. The generator face will be oriented toward SW 72nd Avenue and will be cut into the existing bank, and surrounded on the west, north and east sides by a buffer which will include the bank reinforced by a rockery wall and existing vegetation. In addition, a 4 foot by 4 foot junction box will be located adjacent to rl the LDS Family Services' lot and will be underground. The emergency generator will be operated only as required by electrical outages or by other emergency situations and will be tested periodically(not routinely) only between midnight and 6 a.m. on weekdays, but no more than once a week. It will be operated for emergency purposes only when required by conditions. The generator will be constructed pursuant to applicable UBC standards and will comply with the GC base zone development standards under TCDC Section 18.520.040 pertaining to: • lot size; • lot width; • minimum setbacks; • maximum height; • maximum site coverage; and • minimum landscaping requirements. The generator will be located on the existing lot which is in compliance with the lot size and width standards. The height of the generator will be well below the 45 foot maximum. As discussed in section III.9,below, placement of the generator will not reduce site coverage and landscape requirements below the required minimum. Last,no setback is required between a GC use and an MUE use,but a minimum 20 foot setback is required between the Lowe's GC use and neighboring residential uses. As depicted on the site plan,the emergency generator will be located approximately 200 feet from neighboring residential units. Also demonstrated on the site Portlndl-2066749.1 0021097-00006 Page 3 of 9 plan, the emergency generator will be well within the 20 foot setback requirement from Lowe's property line. B. The Emergency Generator Complies with All Applicable TCDC Provisions Six development standards are potentially applicable to the generator. (i) Landscaping and Screening TCDC§18.745 These provisions provide for specific landscaping requirements. The emergency generator will be placed in a bank within existing landscaping. It will not alter the landscaping, which has been approved under the original site plan, except to remove some vegetation and grade a site for placement of the emergency generator. As discussed in Section III.9 below, placement of the generator will not reduce the existing landscaping by more than ten percent or cause the landscaping to be less than 15 percent of the area as required by TCDC Section 18.520.040.B. In addition, TCDC Section 18.745.050.A.2 provides that screening is not required between an MUE use and a GC use,but a ten foot buffer is required. A ten foot buffer and screen is required are generally required between a GC use and a residential use, but buffers are not required when the uses are separated by a street as specified in TCDC Chapter 18.795.040.A.2. See TCDC Section 18.745.050.A.2 and Tables 18.745.1 and 18.745.2. As depicted on the site plan, the generator will not affect the existing screening or street front tree requirements of 18.745.040.A.2. In any event, the generator will be located behind a vegetative screen and buffer that well exceeds the ten foot minimum. To the extent revegetation is required due to the grading, such revegetation will be conducted in accordance with TCDC Section 18.745.060. (ii) Environmental Performance Standards TCDC§18.725 The environmental performance standards appear to apply to the emergency generator. These provisions provide standards for: 1. visible emissions; 2. vibration; 3. odors; 4. glare and heat; 5. insects and rodents; and 6. noise. Portind1-2066749.1 0021097-00006 Page 4 of 9 As discussed in a March 21, 2001 memorandum (attached)from William Crocker and Paul Morris of Lowe's, given the location and nature of the emergency generator, it will comply with the first five standards. The generator will be tested at night and is expected to produce noise levels ranging from 60 dBA to 69 dBA. These noise levels vary depending on the location of the receiving property and on the time of day. TCDC Chapter 7.40.170 lists a night time maximum noise level of 60 dBA for commercial and industrial uses. However, these maximum noise levels do not apply to the emergency generator, as the TCDC exempts "emergency equipment not operating on a regular or scheduled basis" from the maximum noise requirements. TCDC §7.40.190(a). As explained above,testing of the generator will not be regular or scheduled,but will be periodic during times when it is thought the noise will cause the least amount of discomfort to surrounding commercial and residential uses. Indeed, Ms. Newham, owner of the LDS Family Services lot is agreeable to these testing times. (iii) Tigard Triangle Development Standards, TCDC§18.620 These standards appear to apply only to larger new development projects that will affect the character and quality of the area. Placement of a small emergency generator behind the existing store and screened from view on three sides is not expected to affect the character and quality of the area. (iv) Off Street Parking and Loading Requirements, TCDC§18.765 These standards are only applicable if the development increases on-site parking requirements. As discussed in Section I11.3 below, the generator does not require additional off- street parking. (v) Access, Egress and Circulation, TCDC§18.705 These standards apply to new development and to a change of use which increases the on- site parking or loading requirements. As discussed in Section 11I.3 below, the generator does not require additional off-street parking. The emergency generator will use existing access which meets applicable requirements. (vi) Tree Removal, TCDC§18.790 These provisions require a tree removal permit only in sensitive lands areas, and provide that retention of 75 percent or more of existing trees over twelve caliper requires no mitigation. Placement of the emergency generator in the existing bank will require the removal of existing vegetation. However, to the extent any trees are removed, the site is not in a sensitive lands area and thus a permit is not required. In addition, the approximately 452 square feet size of the Portlndl-2066749.1 0021097-00006 Page 5 of 9 emergency generator site will not remove enough trees to trigger mitigation requirements. See Section I11.9 below. III. MINOR MODIFICATION CRITERIA TCDC SECTION 18.360.050(B) 1. Increase in dwelling unit density or lot coverage for residential development. Neither modification pertains to dwelling units or residential development. 2. A change in the ratio or number of different types of dwelling units. Neither modification pertains to dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. For general retail sales uses, off-street parking is calculated by the number of square feet used for retail. The emergency generator is approximately 113 square feet in size. Neither the generator or the deletion of the fence add retail space which would trigger additional off-street parking. In addition, neither modification will house employees, or require additional employees. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Neither deletion of the wood fence, nor addition of the generator will affect the commercial use of the structures on the Lowe's property, nor are they relevant to defining the structures as commercial under UBC Section 309. 5. An increase in the height of the buildings by more than 20 percent. Neither of these modifications will increase the height of the buildings by more than 20 percent. The generator will be nestled into an existing bank, and it will not exceed the building height of the existing retail building. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Neither modification is to be constructed within any accessway or parking area, nor will they modify these amenities. Deletion of the fence will not modify the existing buffer area around the two northern parcels or any parking or accessway adjacent to these properties. The emergency generator is to be located in a bank connected to the accessway from SW Beveland Portlndl-2066749.1 0021097-00006 Page 6 of 9 Road; however the generator's location does not modify the accessway, itself, in any respect. The generator will be located approximately 55 feet or more from the accessway and will be shielded on three sides by vegetation and the bank reinforced by a rockery wall. In addition, construction of the emergency generator will not alter in any way the access to the truck well and receiving areas. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. Neither modification will increase traffic exceeding 100 vehicles per day. Testing of the emergency generator between the hours of midnight and 6 a.m. may require some additional employee activity; however, testing will not occur on a daily basis but only periodically and not more than one weekly. Accordingly any additional traffic, if any, will be well below 100 vehicles per day. 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. Neither removing the fence nor adding the emergency generator increases the retail floor area. Even if an emergency generator can be considered an expansion of the retail floor area, its 113 square feet falls within under 5,000 square foot exclusion. 9. A reduction in the area reserved for common open space and/or usable space that reduces the open space area below the minimum required by this code or reduces the open space by more than ten percent. The site contains 588,798 square feet of which 145,756 square feet is landscaped. TCDC Section 18.520.040.B requires that developments provide a minimum of 15 percent landscaping or areas not developed with impervious surfaces and provides for a maximum site coverage of 80 percent. Deleting the fence type will not affect the buffer, screen or landscaping around the two northern parcels. Although creating the site will cause some site disturbance and grading, given the small size of the emergency generator and its site (approximately 452 square feet), the modification will not reduce the existing landscaping by more than ten percent, cause the landscaping to be less than 15 percent, or cause the maximum site coverage to exceed 80 percent. 10. A reduction of project amenities (recreational facilities, screening, and/or landscaping provisions) below the minimum established by this code or by more than ten percent where specified in the site plan. TCDC Section 18.520.040.B provides that no rear, side or front yard setbacks are required between commercial uses and that a 20 foot setback is required between commercial and residential uses. As discussed in II.2.B(i) and 111.9 above, neither modification will cause a Portlnd1-2066749.1 0021097-00006 Page 7 of 9 reduction of required setbacks, screening or landscaping to fall below the limits established by this code. In addition, deleting the fence will not violate the screening or buffering requirements of the code. TCDC §18.745.040 and 050. TCDC Section 18.745.050.A.2 provides that screening is not required between an MUE use and a GC use. In any event,the fence is not a necessary element of the screen, as the existing vegetation provides an adequate screen. A ten foot buffer is required between an MUE and a GC use. Deletion of the fence will not modify the existing 10 feet of vegetative buffering. A ten foot buffer and screen are generally required between a GC use and a residential use, but buffers are not required when the uses are separated by a street as specified in TCDC Chapter 18.795.040.A.2. See TCDC Section 18.745.050.A.2 and Tables 18.745.1 and 18.745.2. As depicted on the site plan, the generator will not affect the existing screening and street front tree requirements of 18.745.040.A.2. In any event, the generator will be located behind a vegetative screen and buffer that well exceeds the ten foot minimum. Neither modification will reduce project amenities by more than 10 percent as specified in the site plan. Deletion of the fence will not modify the existing 10 foot vegetative buffer and 30 foot buffer area around the LDS family services and Continental Dirt Contractors parcels. In addition, placing the emergency generator into the existing bank will not reduce any setbacks, buffering, screening or landscaping required in the site plan by more than 10 percent. See Notice of Final Order No. 98-11 PC by the Planning Commission at 18-19. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Potentially, Condition#13 is relevant to the proposed modifications. That condition provided for noise attenuating buffering and/or structures between Lowe's and adjacent residential dwelling property which at that time included the LDS Family Services parcel and the Continental Dirt Contractors parcel. The condition required the buffer to meet applicable noise levels if those reached above 50 dba during the day and 40 dba at night. The condition also states that: "If the use changes on the adjacent lots from residential to commercial, this condition may be deleted." By siting the generator, Lowe's is not altering the existing vegetative buffer, and deleting the fence in accordance with the property owner's wishes will not significantly affect this buffer. In any event, those parcels are no longer residential parcels and Lowe's generator is generally exempt from noise level requirements. Portlndl-2066749.1 0021097-00006 Page 8 of 9 IV. Conclusion For the reasons stated above, Lowe's asserts that the addition of the emergency generator and deletion of the wood fence requirement comply with all applicable provisions of the TCDC and qualify as minor modifications to the 1999 site plan approval. Lowe's, therefore, respectfully requests approval of these minor modifications. Portlnd1-2066749.1 0021097-00006 Page 9 of 9 . , . i,, _►_ NE_ s_= .__ ____,March 23, 2001 Daly • Standlee & Assocfates, Inc. 4900 S.W.Griffith Drive Suite 216 Beaverton,Oregon 97005 (503) 646.4420 Fox (503) 646.3385 Sconzo Hallstrom Architects, P.S.C. 919 124` Avenue N.E. Bellevue, Washington 98005 Attn: Mr. Jim Bryan, Project Manager Re: Noise Analysis Results for Tigard Triangle Lowe's Hardware Generator Set DSA File: 112011 At your request, I calculated the amount of sound that would radiate from the power generator set at Lowe's Hardware Store in the Tigard Triangle to five properties located around the store assuming the set was moved east of its existing site to a point identified in your drawing dated 3/7/01 (see attached copy of drawing), This letter is being sent to present the results of my analysis The predicted noise levels at each of the five receptor points are based on the noise levels found to radiate from the generator set on February 26, 2001. On that date, sound measurements were made on the four axis of the generator at a distance of 12 feet from the surface of the equipment while the generator was in operation. The following table presents the sound levels predicted at the five locations. TABLE 1 PREDICTED LOWE'S HARDWARE GENERATOR NOISE LEVELS AT FIVE PROPERTIES AROUND STORE' Location' Predicted Generator Noise Levels' LDS east property line adjacent to structure 66 dBA 25 foot from SF#1 68 dBA 25 foot from SF#2 69 dBA at bldg line of Commercial Bldg A 63 dBA at bldg line of Commercial Bldg B 60 dBA Note 1: see attached copy of drawing for location of properties and bldgs. Note 2: noise levels predicted at a height of 5 feet above the grade at the receiver The sound levels shown in Table 1 are all below the City of Tigard daytime (7 a.m, to I 0 p.m.) noise code limits for a commercial noise source radiating sound to a residential receiver. They are not below the City's nighttime (10 p.m. to 7 a.m.) limits for commercial noise radiating to residential property. However, as stated in Section 7.40.190 (a) of the Municipal Code, the noise limits do not 112011-t.let 1 C/Z •aovd -E�� 9 9 sHaau:su3 vsQ LT ,ST (I`33) 10 . 5Z xvw March 23, 2001 Lowe's Hardware Tigard Triangle Store Generator Set Noise Levels apply to emergency equipment not operating on a regular or scheduled basis. The noise levels shown for the commercial buildings are only informational because there are no limits in the code at this time on the amount of sound that can radiate from a commercial property to another commercial property, It appears that, if the goal is to reduce the amount of noise reaching the LDS property, moving the generator from its existing location west of the service road to the new location east of the service road is a good idea. Generator noise at the LDS property will be reduced significantly once the equipment is moved. If you have any questions concerning this information, please let me know. Sincerely, Daly-Standlee & Associates, Inc. dvk Ke e G. Standlee, P.E. cc: Mr. Michael C. Robinson, Attorney at Stoel Rives LLP flof �NOINgs� ®. 11,082 • -EGONrb F Q. CO 1422= 112011.1.Let 2 6/E 37Vd 59EE 9179 9ti33NIJAI3 Vsc 9T 5t (I133) ZO EZ '�VNI LowE's HIW, Inc. ENGINEERING&CONSTRUCTION DEPARTMENT To: City of Tigard From: Lowe's HIW, William M. Crocker, PM Date: 3/21/01 Re: Environmental Performance Standards re: the emergency generator This memo is intended to establish that our emergency generator is in conformance with Chapter 18.725 of the Environmental Performance Standards of the City of Tigard. 18.725.030 A. Noise. Please refer to other data in the submission for minor modifications for our assertion of conformance. B. Visible emissions. The generator will be tested for 1/2 hour between midnight and 4 am once a week. No visible emissions beyond the property lines will be present. In the event the emissions standards are made more restrictive Lowe's will install a scrubber on the motor. C. In all of our experience with our generators we have not noticed any vibration beyond 25 ft from the unit. The proposed position of the Tigard unit puts it a considerable distance beyond 25 ft from the property lines. D. In our experience with our generators no odors are detectable beyond 40 ft. from the unit. And most often no odors are detectable 20 ft beyond the unit. The fumes that are produced rise vertically unless winds slant their travel. Even the winds do not apparently redirect the fumes into any adjacent property at a level detectable at ground level. E. The unit creates no glare from any source including lights or combustion. F. The unit does not attract rodents or insects. William Crocker, Project Manager Paul Morris, Director of Construction STOEL RIVES L.LP MAR 2 1 2001 RECEIVED 1530 Faraday Avenue, Suite 140, Carlsbad, California 92008 (760)804-5300 Fax (760)918-9112 03-26-01 02:45PM1 FROMA-STOEL RIVES T-153 P.01/0Z F-781 STOEL RIVES LI-P ATTORN!_YS STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 97204-12As Tekphrnk (503)224-3350 Fax(503)220-2480 Name: Fax No. Company/Firm: Office No- TO: Gary Lampella 503-598-1960 City of Tigard 503-639-4171 Bill Crocker 760-918-9112 Lowe's Companies, Inc. 1-760-SO4-5300 Tom Maddox 760-602-8421 Lowe's Western Div. Jim Bryan 425-455-9351 Sconzo/Hallstrom 425-455-3203 Architects Julia $aj duk 503-684-7297 City of Tigard 639-4171 Dick Bewers 4 orff 503-684-7297 City of Tigard 503-639-4171 Name: Sender's Direct Dial: Sender's Direct Email: FROM: Michael C. Robinson (503) 294-9194 mcrobinson@stoel.corm Client: Matter: DATE: March 26, 2001 No of Pages (including this cover): 2...— Originals Not Forwarded Unless Checked: First Class Mail Overnight Delivery Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information that is protected by the attorney-client or work product privilege. if the reader of this message is not the intended recipient or an employee responsible for delivering the facsiaule, please do nor dlsrnbute this facsimile, notify its immediately by telephone, and return this fucsinule by marl. Thank you. COMMENTS: Poik,al-2U67392.1 o ut/9999-0001 03-26-01 02:45P1A FROM-STOEL RIVES T-153 P.02/02 F-781 STOEL RIVES LLP A T T O R N & Y S 5'1'AN1) RD INSURANCE CENTER 900 SW F1Ff14 AVENUE,SLUE 2b00 PORTLANP.OKECON 972lx-17A6 Pnotk(503)224.33MU Fa (503)220-2480 TDO(503)227-10aS I t T t.W '.:rve-Lcom March 22, 2001 MICHAEL C.ROBINSON Direct Awl (503)294-9194 ema11 lncrobinx>n @stoel.corn Mr. Gary Lampella The City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Lowe's H1W, Inc. Store Dear Gary: Thanks for letting me know that you visited the Lowe's store on February 21. I understand that you and the Fire Marshall were concerned about the diesel fuel container and its seismic connections_ I confirmed with you on February 21 that you do not intend to take any enforcement action at this vane. You simply want to make sure that the diesel fuel tank is installed properly as does Lowe's. I also understood you to say that Chuck Dutton, the ciry's electrical inspector, is satisfied with the electrical connections to the generator_ Thanks again for your cooperation and assistance. Very truly yours, vijae- 3�=�i/t/ t� Michael C. Robinson MCR:ipc cc: Mr_ Bill Crocker (via facsimile) Mr. Torn Maddox (via facsimile) Mr. Jim Bryan (via facsimile) Ms. Julia Hajduk (via facsimile) Mr. Dick Bewersdorff(via facsimile) Porno41?065670 1 0021097-00U06 $taTTlb PAtTLAKD VwmouivRt.WA ttOISB SALT L..,.E CITr W.+Jr,CrON.p.l. 03-27-01 09:46AM FROM-STOEL RIVF° 503-220-2480 T-223 P.01/03 F-819 STOEL RIVES I_LP ATTORNEYa STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE.SUITE 2300 PORTLAND,OREGON 9704-12t. T 1.phunr(503)224-3350 Far(503) 22u-2.G Name: Fax No. Company/Firm: _ Office No. TO: Jim Hendryx 503-684-7297 Tigard 639-4171 Bin Crocker 760-918-9112 Lowe's Companies, Inc. 1-760-804-5300 Jiro Bryan 425-455-9351 Sconzo/Hallstrom 425-455-3203 Architects Tom Maddox 760-602-8421 Lowe's Western Div. Dick Bewersdorff 503-684-7297 City of Tigard 503-639-4171 Julia Hajduk 503-684-7297 City of Tigard 503-639-4171 Name: Sender's Direct Dial: FROM: Michael C. Robinson (503) 294-9194 Client: Matter: DATE: March 27, 2001 No. Of Pages (including this cover): Originals Not Forwarded'Unless Cheacd: I First Class Mail r Overnight Delivery I Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information dint is protected by the attorney-client or work product privilege_ If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimile, Wady us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: See attached Putundl-1116406 1 0009999-(X)UO 03-27-01 09:46AM FROM-STOEL RIVE" 503-220-2480 T-223 P.02/03 F-819 STOEL RIVES 1-1.1D A T T O R N E Y S �IANUwxD 11...5URANCc CENTER 9uu FIFT h nv EN U 8 SUITE'tout} YOKLLANLI,OIGGUry tr/2us-12nn f'Aonc(5U)224-33au huA(5US/22u-2sau TDD 15091221-1045 11aer.mt .new btoet Coin March 27, 2001 M1c�1.�E1 C.ROBiNSON Dirt-Li Deal (503) 294-9194 Ul411 mcrobasoaastorl cons VIA FACSIMILE Mr. Jim N P. Hendryx, Director City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Lowe's ITIW, Inc. Store in Tigard, Oregon Dear Jim: I am writing to confirm the results of our meeting on February 28, 2001. Lowe's intends to submit an application for a minor modification to its approved site development review ("SDR") approval in the City of Tigard. The minor modification application will be for the purpose of approval of an emergency generator. As you know, that emergency generator is now located behind a commercial use adjacent to SW Beveland Street_ Lowe's intends to move the generator approximately 155 feet to the east and locate it adjacent to the grade along the public roads. The purpose of moving the generator is to reduce the sound impact to adjacent properties, particularly that property owned by Newhams. The minor modification application will request approval for the following. • The emergency generator location The proposed generator is an accessory structure and use to the Lowe's HIW Store. • Installation of a chain-link fence instead of a wood fence along the perimeter of the commercial lot on SW Beveland Street. ('o gnun.-2066544 1 002100-(X)0(JO SBA fIa PDXSLAND VAnCVUVCK,WA 0315£ U C 03-27-01 09:46AM FROM-STOEL RIVES 503-220-2480 T-223 P.03/03 F-819 STOEL RIVES ES L, Mr. Jim N.P. Hendryx, Director March 27, 2001 Page 2 • Approval of a 4' x 4' (approximately) junction box where the concrete slab for the generator is now located and installation of landscaping around the junction box. The junction box is expected to be gush with the ground. It is my understanding that the Newhams are comfortable with this proposal. Jim Bryan, Lowe's HIW, Inc. architect, has been meeting with the Newhams to make sure they are aware of the plans and are comfortable with the proposal. Please call me if you have any questions between now and the time that we submit the minor modification application. We appreciate the time that you and your staff have given us to resolve this matter Very truly yours, Michael C. Robinson MCR:ipc cc: Mr. Bill Crocker (via facsimile) Mr Jim Bryan (via facsimile) Mr. Tom Maddox (via facsimile) Mr. Dick Bewersdorff(via facsimile) Ms. Julia Hajduk (via facsimile) Poruu41-2000534.1 0021097-00006 03-26-01. 04:37PM FROM-STOEL RIVER LLP 5032202480 T-083 P.01/03 F138 STOEL RIVES ES LL.P ATTORNEYS STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Telephone (503)224.33$0 Far(503)220-2480 Name: Fax No. Company/Firm: Office No. TO: Jim Hendry,: 503-684-7297 Tigard 639-4171 Bill Crocker 760-918-9112 Lowe's Companies, Inc. 1-760-804-5300 Jim Bryan 425-455-9351 Sconzo/Hallstrom 425455-3203 Architects Tom Maddox 760-602-8421 Lowe's Western Div. Dick Bewersdorff 503-684-7297 City of Tigard 503-639-4171 Julia Hajduk 503-684-7297 City of Tigard 639-4171 Name: Sender's Direct Dial: FROM: Michael C. Robinson (503) 294-9194 Client: 21097 Matter: DATE: March 26, 2001 No. Of Pages (including this cover): Originals Not Forwarded Unless Checked; 1 First Class Mail 1 Overnight Delivery L Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information that is protected by the attorney-client or work product privilege, If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimile, notify us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: See attached. Punlndl-1116406.1 4)o94999-00001 • 03-26-01 04:37PM FROM-STOEL RIVER LLP 5032202480 T-083 P 02/03 F-138 STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 5W FIFTH AVENUL.SUITE 2s30 PORTLAND,OREGON 97204-126o Phone(5031224-3M Fax 503/220-248D TOO(503)221-2)45 Imerner:www.atoel.mm March 22, 2001 MICHAEL C.ROBINSON Direct Dial (503)294-9194 email mcrobinson®siocl.com VIA FACSIMILE Mr. Jim N.P. Hendryx, Director City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Lowe's I1IW, Inc. Store in Tigard, Oregon Dear Jim: I am writing to confirm the results of our meeting on February 28. Lowe's intends to submit an application for a minor modification to its approved site development review ("SDR") approval in the City of Tigard. The minor modification application will be for the purpose of approval of an emergency generator. As you know, that emergency generator is now located behind a commercial use adjacent to SW Beveland Street. Lowe's intends to move the generator approximately 155 feet to the east and locate it adjacent to the grade along the public roads. The purpose of moving the generator is to reduce the sound impact to adjacent properties, particularly that property owned by Newhams. The minor modification application will request approval for the following: • The emergency generator location. The proposed generator is an accessory structure and use to the Lowe's HIW Store. • Installation of a chain-link fence instead of a wood fence along the perimeter of the commercial lot on SW Beveland Street. Po ra na l•2066589.1 0021097-00006 sbn11 LS Pown.ANP VwNCUL J811,WA BOISE SALT Lnr:L Cii y W..SHINC-ON.D C 03-26-01 04:37PM FROM-STOEL RIVES LLP 5032202480 T-083 P 03/03 F-138 STOEL RIVES LU' Mr. Jim N.P. Hendryx, Director March 22, 2001 Page 2 • Approval of a 4' x 4' (approximately)junction box where the concrete slab for the generator is now located and installation of landscaping around the junction box. The junction box is expected to be flush with the ground. It is my understanding that the Newhams are comfortable with this proposal. Jim Bryan, Lowe's HIW, Inc. architect, has been meeting with the Newhams to make sure they are aware of the plans and are comfortable with the proposal. Please call me if you have any questions between now and the time that we submit the minor modification application. We appreciate the time that you and your staff have given us to resolve this matter_ Very truly yours, M C . P 4 Michael C. Robinson MCR:ipc cc: Mr_ Bill Crocker (via facsimile) Mr. Jim Bryan (via facsimile) Mr. Tom Maddox (via facsimile) Mr. Dick Bewersdorff(via facsimile) Ms. Julia Hajduk (via facsimile) Ponindl 2066584.1 0021097-00006 MAR-02-2001 12:44 FROM 1NZO / HALLSTROM }}�, ?0 15032202480 ���.0 0� ue/.laluL DWh 111:18 FAZ 503 r2 DA EVi? r: SALL1�• ,,eu0, DE/i•/D1 $D} a 1:,3a-FAZ 29311529ZD4 cazr DRAT i'fl11• • 1714e'M.9ten1lt 8.5„11vlma A ' . (Stiti Qi Auburn,1Msehhipon nena• .h 01 • �� , ' '(ice 9�,RbiR • r r F Up4710 FAx• ' l I ' tractors, Inc - ca�t�r-rias, • R+••+s* lixcAwl►�ru ie3'C®N,'PRAt�TQIE�9 . . • •., Cfs11 A kt .' ` Fdttissry 196.7001 . Sung rams Pers6,lac_. Pb(SUM®6.5165 tt114 :4 fiWr-171iuE - FIX(593)4r364,7 • 'H . • • 4I.d Dow % .Cliku ms= • . ' eit r e Itnmonsart ofa 'actiAa►aeda'sri,Simmo3tpwei 1•Ts ffirs yent 1 wt74 - • . - - . • ' Pave a.IQ was•retf3aRli a @e'APaAY•h•eity RsNires•I seergimisi P;t wt;+ Hess sralnd'eximg• • timid in.IS}, 1eta,i sr0omi•ii<n is damn caveat'gimp kat to boat smarm 1YaP•A'• Flowicawr.dam to gmsd and etii raehkassuSL iguremie,ii yuux P arc todtkaa bowing DaiRYOitssisteD•46d •• MP s4 •'If Yee Janet wish mso lsewe Zia Vet=tzateelkdpicase lip Wow us sclutrewia4.pie.ilium 'RTt , • ..ai1i ku*,Five this haw totem City of Z'i ti limn die#►lls• - . , • _ • Nag xi b►. ,_ . taxies F'raper I,G sU D'Illi* t•na i kard,ropirs+afla�tiro mktbs meb�74150 SW Psrelsn4,tiptld here�ty rats ne Lawler. W:lee,*led Caalierealll Dirt Curkpaturs„In0.train than agntreineak my irate/it.s•elabd lam a t se 6sbjsct pt•portY. • • . • . - 614/L•• - ' • - ' ' . . , . • . . • . a.) '' al(;) • ati■671--. W "I'llf . . , e3i. 7., l'. ' . 47:011.1: /41.•7,1 . 'i• - • . A • • FEB-20-2001 15 37 2535399224 97% P.03 TOTAL_ P.04 MAR-02-2001 12 43 FROM SCONZO / HALLSTROM TO 15032282480 P.03/0' ('Zintinentat Auburn,Washington 98002 (253)939-5744 O ir (253)927-2944 (253)939-s7 57B5 FAX FAX ntractors inc. �.■���� CONTII.225t3U XAVAT1NG -r rQRS Gail odham February (94i,2001 Evergreen Pacific,Inc, Ph(503)636-5165 5604.Carman Drive Fax(503)636-5740 Lake Oswego, OR 97035 RE: Titer('Loft' h ard wa cinis� re Fem Dear Mr. Oldham: At the commencement of construction of the adjacent Lowe's Hardware your property(7450 SW Beveland)was a residential property.The city requires a commercial project to fence around existing• residential lots,a wood fence is shown on our plans to be built around your property. However, due to grading and landscaping which will surround your project we feel this fence may not serve it's intended purpose. If you do not wish to have this fence installed please sign below to acknowledge your intent. We will then give this letter to the City of Tigard for their file. Sincerely, John Harper Estimator 1,Gail Oldham as authorized representative of the property at 7450 SW Beveland,Tigard OR,hereby release Lowe's HIW,Inc.and Continental Dirt Contractors,Inc,from the requirement to install a wood fence around the subject property. X Date: • • • • • • • FEB-22-2001 15:36 2539399204 97% P.02 STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 972044268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Internet:www.stoel.com March 23, 2001 ELLEN P.HAWES Direct Dial (503)294-9810 email ephawes @stoel.com VIA MESSENGER Ms. Julie Hajduk City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: Lowe's HIW, Inc. Minor Modification Regarding Tigard Store Dear Julie: Enclosed is the application for a minor modification, including the required attachments, regarding the site plan approval for the Tigard store, located at 12615 SW 72'Avenue, Tigard, Oregon 97223. Copies of the property deeds and relevant lease agreements are in the file on record. Should you have any questions about the application in the next week,please be sure to contact me as Mike Robinson will be out of the office all next week. Otherwise you may contact either Mike or myself regarding this application. Very truly yours, 667 on. Ellen P. Hawes EPH:mlb Enclosures cc (w/encl.): Mr. Tom Maddox Mr. Bill Crocker Mr. Jim Bryan Mr. Michael C. Robinson Portlndl-2068603.1 0021097-00006 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. • r ±214.25 ±214 BC 212 210 213.13 BC S t. 0 „ 1 0 214.25 71111.1 SW. BEVEUW, �, _ 214 1-�� ^ 212 1 r4- dFf- Y '" _ -- -. - 210 -No GRADE BEYOND EMERGENCY N. LOADING 203.13 (BC) •G6/J ld1' GENERATOR DOCK DRIVEWAY A—A GENERATOR LOCATION SECTION HALM-ROM SCALE: t` 20'-0' ARCHITECTS. P.S.C. LOT 28 919 1 2471 AM:NE 6 204.5 205 206 206 tlE11.EWE,1M4 98005 1EL•425.455.3203 FAX:425.455.9351 .....cons DWI gramlam N. PROPERTY • `�`r ACCESS RIB _ 206 m %��� � �+'_ 205 W 00 In- ..�..r_.__a -- .-r;--./ E�:iL-3_.-..:::.."� -°•^"`=�i���Mi`s: ai --- 204 ; rvm 22 GRADE BEYOND EMERGENCY ENERATOR DOCK LOADING 203 203-13 (BC) u B—B GENERATOR LOCATION SECTION ■ ill - . SCALE: 1` . 20'-0` :_, a .1~ �� ��,. O Y to (NOT PART OF rill:/ ° 41Y c TOTAL SITE) Q " . ar... 0 d Q �Q? . Qo o �4 Cho I5 oo o ig -G-oll - IV Gi1.ni OF; O n To IZQO"X� Jam'' • ��i fc oac��;.;• 22' cDCA +_ JvG p QiP O�� C, 41.410-iv,,,,,11 . vovv� Z r14).1 - 1r^+f: (Jv,IV l'1rj/lip i d o v v v v� r , ` O �' c 4 h / / r ,1 ice. v v =1..: O- h • V C�� rte- ;A i W evlr ry pAli �!'.t.U.�;4:..w v v°v °° 'Naga. v •_ J Lam, (� LOT 2S ���(I��d/C. ��y�, �t� �wl!i��•�`!��i vv° � v ° p4 O ry iGa _CJC ^C/•∎ '`�(t1 ' '�1 jt '; %I/14.:st' lice,4�ly.„,-0:;4 1•° o �4 p 0 �1.1�� `s L�i�1�' ffe,ia i1-�• i�� .i Imo'„..�// O!/t��,���'�` " eft", (7 O I— F"• l .Q►�•_�i� i Ot CO� Illar � /�• JOB k: 99042 :0 v (31 O0 74'!el i 0:fol zi*..�G.� t NEW EMERGENCY 3 W I-h V al - f.`G Dail V GENERATOR LOCATION O §N SOD a .>:r10c .004-� RECEIVING M A Qo C)04 n. SHEET - cconzo V97 . iIi1 wrlikg pal 1 LdLIL!i -11 -Rom ARCHITECTS, P.S.C. \II. 919 124TH AVE 9 NE Ii919 1124 .1 90005 y TEL:425.455.3303 r„....‘ Tut:425-455.9251 ...4c4'nldwY4kem.eaiw ur3 o o ry m ma . -.-)>. ' at 1,i / ?Q9 3 il o = ROCKERY WALL - OR CMU • > o FACE OF G I• 0 �o,,O�►•••••� RAD ATOR o F.S. = 203.95 11111.111B :5, ..-, I el: Ell - :3. 17' 310 0 I :OCR cf- CL RHO a Z • T.O.C. = 203.7' - O y�� ! o 0 W cc wao • z 0Q LI ° I— J09 f: 99042 . ig GENERATOR LOCATION : ><. z x•SCALE: 1 " = 20'-0" NORTH U N �f�1 2p] a I a o T c�-2 0 Iv a A . SHEET SK A18 OF I , f I 11 1 1 i.i„,„ 0 0:z ,...„L ' �l ;% DISTANCE:GENERATOR TO BUILDINGS S C 0 M Z 0 c5 r ri 7 FROM GENERATOR TO r! á1 -u :i• 1...... ty:, — . ._...., ,,s,:T.: 0 <! , r LOT 28: ± 150' \`'�' �I 1 H-1-, 1 1 SFD#1: ±215 LiJLJ 4 : ,_,,,i o' SFD#2: ±205' 4JAIIiT�lOm I J� ARCHITECTS, P.S.C. j , m COMM.BLD'G#A: ±305' 919 144TH AVE NE 1 - I 1 Jai I '' 1 1 TEL 42S 4SS.3203 j--------- _ .. • ' I COMM BLDG#B: ±405 1 _. !W r 1 1 FAX:wr.acmaoholbkam.eam 1 +l �r4-.�i� 1 ri ao 1 -E-0A ° ` COMMERCIAL o 1 L BUILDING #A ■ W j SW BEVELAND STREET .�- 'i i o a z j EaA '' I 3 w it ;\I '' Q i.____________„__...„_____-,,,,,,,i .„ i i rtsiti J i i, L., , i , --------------- x , IV,. ‘ ; ,,,,, 1 s4„.. ---, 0 2- i .ss. \ lb- .; 1 1 ,___ -----,,--__::::::;;—.....,__--:;—.---------------------------_----_—_—_—_,—fi_t_:_:__=_:::-..,_____ E0A---------------------------------------------1,3 I:3 tg. .7 \\. , i i 1 \r` CVELAND_SE�Z„ ,; :,,,: IIJJ 1_--- a 1 W . 1 =” 1 - — „ ----------- �HW------- ------- '_-_"-. - _. It- I IY ICQIC- .VER7-� _-_ _O T „I if - - 1 • ''- , ' '1'E 1.243 �! l 11 1 i ' ____1 11� ■ 1 H I � 1 ?° T' Q � COMMERCIAL z I J Q Lij II, 4.°0,°ol°° °°, I j BUILDING #B— o ° cc 0 II-- --k 1; 1' a _ ' '1 ' 1 ONUMENT BOX '¢ o I r '1 WITH PLASTIC cr .HD f 1940 // /////�� PR SN.;; I D 5itt 11 11 1 SHEET QIz ( itli,D I� II I' �-� ;i 1 i 2-2 1 °5-‘77,,. 0 Lai Zs i '; - -— = 1 iI - : , •„, O i , ' ' iff 1 ' 1 al I Coll,......„ o j 1 1 I /M �� Il 0. 1 46h 'L I o I � ° iiii .of '8:4, illil■■ /1, 1 Ai , ....,.. Alla 1V...6 \ :I a g li I ki;I I I I I 01 it WI -qc It _ P .1...1, I RI14 F-1 �a 1 2:1 . I 5 ‘‘,,,,,,, H3 i i \ j o ..1____ b ' I ---- — -- ___J\ ir O c :t'3::"Y 1 14 i � I Ii le I 1 / .,�,MATGH MATCH .._..) .. . �.._.. .. •. LINE LINE to DRAWN BY: . �;�l...'.. �a Yz GENERATOR LOCATION 1r,8'';" 5' i r�r,r-P'� /� �^ 1 CHECKED: A,-r r . N �B LowE's OF - -,'–IP ''.�....1= Ire � �� ���>_� DATE: TIGARD NOM!IMPROVEMENT WAREHO0SE •arm 4•.,,,, �A'� ATE: n������� PAGE REF: TIGARD, OREGON 1530 Farodoy Avenue Suite 140 Carlsbad, CA. 92008 ±214.25 ±214 BC 212 210 213.13 BC c Co II Z 0 214.25 ,, I iIS W BEVEUN. y _i 214 .L w-- �.-�-- _ - _ 210 L I Ill I s __.�__Mr.. sue'-•; ...� ........'":7 J, ... .� --- ,r- as;T.n sob ,1,,I �1 1 1,. 205 !4iiJLJ GRADE BEYOND GENERATOR DOCK LOADING NEWAY 203.13 (BC) A—A GENERATOR LOCATION SECTION 411 LLST. 0m SCALE: 1- ■ 20'-0' ARCHITECTS. P.S.C. LDT 26 919 124T14 AK NE 204.5 205 206 206 OEUEVUE,WA 99005 TEL 425.455.3203 TAX:425.455.9351 .... .; •c•n.ohal•bms • .m N. PROPERTY ACCESS ROAD 206 _ /9..T._ •r '•' 205 W co 204 '� rn GRADE BEYOND EMERGENCY N. LOADING J 203.13 (BC) O 221 GENERATOR DOCK DRIVEWAY • W B—B GENERATOR LOCATION SECTION °� ° W ` ° emmerat� SCALE: ,' _ 20'-0• .j `-'I. c1 I., i �-_ W (NOT PART OF N '� I TOTAL SITE) D��G� 0 - / J�1 0 d O T ©O = n •err J 45...9 k4fiO 'u�s• 22 L� 191 / ����I Z ,5.2 f,Q r L T 2 8 G�J 5. [� t 1?► °° v v v v a�CI�! v ' —1 + , 35.; •. •:.. v Y v v O Q �.�j (3�. •. 0. •. a5. "._ ,.....}•. •: ('.'1 �� A.0.44?......-„..-....,I .aye- ♦ �c �� > o I' rj� �: n� �oA 11►i� : l�:...):i //////.....o ///i .�i///%/j ►� ' Div: W o V Ilitt�z:� ,: ct- � o:' i .••• 1,5.///1 i��.,._ o //ff�//Off/ ��..`` . C7 _1 � F- 5.:`e S ` • '� ,�/I�� 108 N 99042 :O : ,, 'ter 0G °�34, .�.; �.t. l!►flyy�rr,`000�O-ya?�' noe ON-GRADE w 0 -yr40,"%0�9 LT NEW EMERGENCY 3 W w N w ((>+`∎�G4,4 z-.jVOQ �IJ u• GENERATOR LOCATION O RECEIVING } T 03 a a �, �'�9 m-5,.. SHEET• TRUCK WELL 1 I ® . ,, 7 SCOHZ0 . r(41111 Lon 11 1 LA III I ,.. 11. '' gill° . L'Arii J i AI 1 . 4141LLST-ROM ARCHITECTS. P.S.C. \--D )idll-:r .. 124T“AvE NE BELLEVUE.wA MOS TEL:425.453.3203 rr...., \IT FAX:425.453.93Si CI CO Ili o 1 0 I I liu 1 1 ig 016 \---j 101(Abb O. 0 ROCKERY WALL i 11 OR CMU im „, ). . 0 BOO.O\RFAACDEA. o . r_. ow 62147.....iiiii.. ..........:::11.41:4?ii: F.S. =-- :03.95 g L2 )0 x r. ioTh / ,. (0 , Wiltr.401° N. ....Ito; GO 3. 17' Ste z o 1 d CL T.O.C. = 203.7' -0 0III:CLR „,,; RIlt CA r--- ‹ 0 0 • !NI/ 0 0 : • ...1 Li_ t-, ui o CC o < - 4111L cc w d • w (.5 W . z w 0 c, _J I . R- . GENERATOR LOCATION • >.< 6 JOB : 99042 On a ZS LL.:- SCALE: 1” = 20.-0" NORTH 0 -• „, 'A 6 Ei A ct zf. A IMIIIIIImmio. SHEET SKA18 • OF ii 1 1 Op 1 i. : 1 DISTANCE:GENERATOR TO BUILDINGS S C 0 N Z 0 ;' i , „ P:; .�71r 0 .....i .....4. : 1' ' ' i r7I 1I 1 =,w ,�. , ►, __ FROM GENERATOR TO: CAM II 1 J ; • „ LOT 28: ± 150' 11 . ! 1 I { ■' 1 �� i , SFD#i: t 215' GJL�J I� ;oil) ,I( � o/ SFD#2: ±205' TIflLLSTROM I ; ARCHITECTS. P.S.C. : 111 { m COMM.BLD'G#A: ±305' i ,. "I i ' 1; BfLLEWE rwA 9 A80D5 ' { '' COMM BLD'G#B: ±405' TEL:475.455.9351 ' '1, 1 l ' 1� ELL 475.455.9981 N - 4 1 m.iconioMollsti m.com I _ c C,pr I i 1 03 I -ECM it�.4—.I 1 I p COMMERCIAL i , m ■ IN ; o '' LDING #A U110: t BUILDING UI ■ SW BEVELAND STREET II i LJ '' i EOA ; i '{; Ill ; 0-'-: I --- EVA 1 ' 1 , 1 \ F O 3 , 1 ' _ 0 wa r-------------,,,li ''.'k 1 , 1 ■ ‘‘, \ '1 r--)' 1 1 1 Li" 1 0 i 1 OA - - I S VELAND, I , I 1 __^_- o ---I— -- �-F? — ------ Q ' P"r_ -=- ' oHw ! �``,11 �„ ',J - N ( .•,��• --ter -----1 ------- �HW----- I 'ISM-. ..* lE„ -----------------_____ ., , ..i, . • __::„.,,,,a______-,,,..„, . _•, . • 1,-• ,t,.223 1 Ilh,. Z �- Q :�� I COMMERCIAL ° 0 W - 0020'001 T` I BUILDING #B— ° •col lr-lr'1 ONUMENT R X pLA571C WH 1,; ti CAp MARKED 0.5.H.D. I\ {` _ 11� SET PER 5.N. 1 , ' JOB # 99042 - .\-- - -- - -1 W. �I (HEED) i j 1 ;; 1 \ 9340 N 5Q709.05 m W � W , o � 1 1 U E 2235Q.05 a w \r.' LI al C8' 'S 3,1. W .% it,� ill i1 SHEET :w ( ,. N 1 O• , I II11 1 2-2 <Cr 11 , II - 1 - °Q,s ; m LOS' 28 ':'7, 1 i E.- ,1 1 I 1 \\\' 1' \ .� ml ' \ O 1 {• I \ , y \ oA.' s H 1` { i b ti \ ° ` ' , \ �►4 I hhh.. I , \\\, N ,Ot � : 1 1 1111 oc ; /------- " ,Ame - t -T,- amp',„ 1r , , ; - '!14 i to t , , •Z:41131110101Pir 4#7 7r,r / ,I ,‘,1 I 1 I \ : IV .-..! n , I W gl ''':', b 1 03 C-3 iiir>" c s 1 �` u QN 0 / f \ u . N 1 { I I \ s 1 \ i i 1 C m { I � I \ 1 1 1 ,1- TiIlI l ---:1 . .t;.ii,ri t i I.\\§j,i I 0 1 , 0 1 1/ i 1 1 I .1 1 , „ I 1 ' II ,� 1 / MATCH MATCH... _ ....^.. ._ _,._...... .._., .. .. .._.. .._.._...,._ .LINE LINE DRAWN BY: o GENERATOR LOCATION tno�~1'~ m YZ m �' S��Px LiI„ f^ N CHECKED: LOWE'S O F m r\ WM ,p y F �1 tul�° _ owl (1*7�•a��� 3/7/01 ^' T i G A R D HOME IMPROVEMENT WAREHOUSE ,l ig v e _� ,, „�,�, a '"' 3/7/01 h PO PAGE REF; TIGARD, OREGON 153D Forodoy Avenue Suite 140 Corisbod, CA. 92008 MAR 23 2001 14 30 FR TOM MADDOX - LOWES 7606028421 TO 15032202480 P.08/14 kiN ter.. FILED STATE OF WASHINGTON ARTICLES AND PLAN OF MERGER JUL 2 7 2000 RALPH MUNRO OF SECRETARY OF STATE LOWE'S H I W, INC. AND EAGLE HARDWARE & GARDEN, INC. To the Secretary of State State of Washington Pursuant to the provisions of the Washington Business Corporation Act, the domestic business corporation and the foreign business corporation herein named do hereby submit the following articles of merger. 1. The following is the Plan of Merger for merging Lowe's H I W, Inc., a . corporation organized under the laws of the Commonwealth of Virginia ("H I W") with and into Eagle Hardware & Garden, Inc., a corporation organized under the laws of the State of Washington ("Eagle") as adopted at a meeting by the Board of Directors of H I W on July 25, 2000 and adopted at a meeting by the Board of Directors of Eagle on July 25, 2000. 2. The merger was approved by the shareholders of Eagle pursuant to the Washington Business Corporation Act_ 3. The merger of H I W with and into Eagle is permitted by the laws of the jurisdiction of organization of H I W and has been authorized in compliance with said laws. . 4. Eagle will continue its existence as the surviving corporation under the "Lowe's HIW, Inc." name pursuant to the provisions of the Washington Business Corporation Act. 5. The effective time and date of the merger herein provided for in the State of Washington shall be 12:00 a.m. midnight on July 29,2000. 6. The Plan of Merger is as follows: 6.1 H I W and Eagle, shall, pursuant to the provisions of the laws of the Commonwealth of Virginia and the provisions of the Washington Business Corporation Act, be merged with and into a single corporation, to wit, Eagle which shall be the surviving corporation upon the effective time and date of the merger and which is sometimes hereinafter referred to as the "surviving corporation", and which shall 1 MAR 23 2001 14:30 FR TOM MADDOX - LOWES 7606028421 TO 15032202480 P.09/14 continue to exist as said surviving corporation under the name "Lowe's HIW, Inc." pursuant to the provisions of the Washington Business Corporation Act. The separate existence of H I W which is sometimes hereinafter referred to as the "non-surviving corporation", shall cease at the effective time and date of the merger in accordance with the laws of the Commonwealth of Virginia. • 6.2 The Articles of Incorporation of Eagle at the effective time and date of the merger shall be the Articles of Incorporation of said surviving corporation except that Article I thereof relating to the name of the corporation is hereby amended and changed so as to read as follows upon the effective date of the merger: "The name of this corporation shall be Lowe's HIW, Inc." and said Articles of Incorporation as herein amended and changed shall continue in full force and effect until further amended and changed in the manner prescribed by the provision of the Washington Business Corporation Act 6.3 The present bylaws of Eagle will be the bylaws of said surviving - corporation and will continue in full force and effect until changed, altered, or amended as therein provided and in the manner prescribed by the provisions of the Washington Business Corporation Act. 6.4 The directors and officers in office of Eagle upon the effective date of the merger shall be the members of the first Board of Directors and the first officers of said surviving corporation, all of whom shall hold their directorships and offices until the election and qualification of their respective successors or until their tenure is otherwise terminated in accordance with Eagle's bylaws. 6.5 Every four shares of issued and outstanding H I W common stock immediately prior to the effective time and date of the merger shall, at the effective time and date of the merger, be converted into one share of Eagle common stock. The issued and outstanding shares of Eagle shall not be converted or exchanged in any manner, but each said share which is issued and outstanding as of the effective time and date of the merger shall continue to represent one issued and outstanding share of said surviving corporation. 6.6 The merger of H I W with and into Eagle shall be authorized in the manner prescribed by the laws of the jurisdiction of the Commonwealth of Virginia and in the manner prescribed by the provisions of the Washington Business Corporation Act. 6.7 In the event that the merger of H I W with and into Eagle shall have been duly authorized in compliance with the laws of the Commonwealth of Virginia and the State of Washington , H I W and Eagle hereby stipulate that they will cause to be executed and filed and/or recorded any document or documents prescribed by the laws of the Commonwealth of Virginia and of the State of Washington, and that they will cause to be performed all necessary acts therein and elsewhere to effectuate the merger. MAR 23 2001 14:31 FR TOM MADDOX — LOWES 7606028421 TO 15032202480 P. 10/14 6.8 On the effective date of the Merger, the separate existence of H I W shall cease (except to the extent continued by statute), and all of its properties, rights, privileges, and franchises, of whatsoever nature and description, shall be transferred to, vest in, and devolve upon Eagle without further act or deed. Confirmatory deeds, assignments, or other similar instruments, when deemed desirable by Eagle to evidence such transfer, vesting or devolution of any property, right, privilege or franchise shall at any time, or from time to time, be made and delivered in the name of H I W, the non- surviving corporation by the last acting officers thereof, or by the corresponding officers of Eagle as the surviving corporation. The Board of Directors and the proper officers of H I W and Eagle, respectively, are hereby authorized, empowered, and directed to do any and all acts and things, and to make, execute, deliver, file, and/or record any and aU instruments, papers, and documents which shall be or become necessary, proper, or convenient to carry out or put into effect any of the provisions of this Plan of Merger or of the merger herein provided for. 1 14 Executed on July 5 ,2000. • Lowe's H 1;0,1 . By: /4, 40f Z ''--- , R. .* . T', , an, Chairman and CEO Eagle H/ard. e & . , • i•, .c. B .+ILL h4, / '. Stone xecutive Vice President G:jgiayrfax/H1W Merger/Atticl s of Mergcr-Washington 4 03-'.3-01 04:06PM FROM-STOEL RIVr" ' '.P 5032202480 1-031 P.01/02 F-108 STOEL RIVES ES irI_P ATTORNEYS STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2300 PORTLAND,OREGON 97204-1268 Telephone (503)224-3380 Far(503)220-2480 TO: Name: Fax No. Company/Firm: _ Office No. Julia Hajduk 503-684-729'7 City of Tigard 639-4171 Bill Crocker 760-918-9112 Lowe's Companies, Inc. 1-760-804-5300 Jim Bryan 425-455-9351 Sconzo/Hallstrom 425-455-3203 Architects Tom Maddox 760-602-8421 Lowe's Western Div. Jim Hendryx 503-684-7297 Tigard 639-4171 Name: Sender's Direct Dial: FROM: Michael C. Robinson (503) 294-9194 Client: Matter: DATE: March 23, 2001 No. Of Pages (including this cover): Originals Not Forwarded Unless Checked: I First Class Mail Overnight Delivery Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information that is protected by the attorney-client or work product privilege. If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribure this facsimile, notify us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: See attached. Por1nd1-1170405.1 0099999-00001 03-23-01 04:06PM FROM-STOEL RIVr" 'LP 5032202480 T-031 P 02/02 F-108 STOEL RIVES LLP A T T O R N E Y S SYi+NDARD INSURANCla CENTER 994 SW FIFTH AVENUE.SU STS 2604 PORTLAND.OREGON 9710a-1268 Phan:(553)224-338U Fax(503)22D-2480 TOD(503)22I-1045 Interner www stoeLcom March 23, 2001 MICHe13L C.ROatNSON Direel Dial 9194 calail mcrobinSOD®stoel•COm VIA FACSIMILE Ms. Julia Hajduk, Associate Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Minor Modification Application by Lowe's IIIW, Inc. Dear Julia: My office will submit Lowe's minor modification application to you today. Please call me after you have had a chance to review the application and let me know if you have any questions or comments. If you need any additional information about the application, I would be happy to provide it to you prior to your decision. Very truly yours, MLLLILLQC. Rld/(—A-- Michael C. Robinson MCR:kls cc: Mr. Bill Crocker (via facsimile) Mr. Jim Bryan (via facsimile) Mr. Tom Maddox (via facsimile) Mr. Jim Hendryx (via facsimile) s. Ellen Haw YD-Utw3-2068564.1 0021047-00006 SEATTLE PORTLAND VANCOU'ER WA BOISE SALT I ARE Cm WASn3NCTON,D.C. 03-26-01 02:49PM FROM-STOEL RIVE` ' LP 5032202480 - T-059 P 01/03 F-126 STOEL RIVES LLP ATTORNEYS STANDARD INSURANCE CENTER 900 SW FiFTg AVENUE,SUITE 2300 PORTLAND,OREGON 97_04-126k Telephone' (503)224-3380 Fat (503)220-2480 Name: Fax No. Company/Firm: Office No. TO: Dick Bewersdorff 503-684-7297 City of Tigard 503-639-4171 Tom Maddox 760-602-8421 Lowe's Western Div. Bill Crocker 760-918-9112 Lowe's Companies, Inc. 1-760-804-5300 Jinn Bryan 425-455-9351 Sconzo/Hallstrom 425-455-3203 Architects Julia Hajduk 503-684-7297 City of Tigard 639-4171 Name: Sender's Direct Dial: FROM: Michael C. Robinson (503) 294-9194 Client: Matter: DATE: March 26, 2001 No. of Pages (including this cover):9 Originals Nor Forwarded Unless Checked: First Class Mail 1 Overnight Delivery Hand Delivery In case of error call the fax operator at (503) 294-9508. This facsimile may contain confidential information that is protected by the attorney-clienr or work product privilege. If the reader of this message is not the intended recipient or an employee responsible for delivering the facsimile, please do not distribute this facsimile, notify us immediately by telephone, and return this facsimile by mail. Thank you. COMMENTS: Please see attached. Pordnd1-1144974.1 0099999-00001 03-26-01 02:49PM FROM-STOEL RIVc" ' LP 5032202480 1-059 P 02/03 F-126 STOEL RIVES ES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 5w PIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 97204.1265 Phone(5(131228.9380 Fax(503)220-2410 TDD M3)221400 • Inttmcs:www.atoel,com March 22, 2001 MICHAEL C.ROBINSoN Direct Dial (503)294-9194 email mcrobinson stoel.com VIA FACSIMILE Mr. Dick Bewersdorff Planning Manager City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: January 10 and February 14, 2001 Letters From Ms. Barbara Newham and Your Letter Dated February 16, 2001 Dear Dick: Thank you for providing me copies of the above letters. I wanted to confirm with you once again that Lowe's is taking immediate steps to respond to the issues raised in Mrs. Newham's letters and your letter. Among these steps are a meeting with the project architect and the Newhams on Thursday, February 22, preparation of a minor modification application of the approved Site Development Review ("SDR") application for the Lowe's store and submittal of any necessary building permits for the emergency generator. I first became aware of this issue on Wednesday, February 14, 2001. You and I spoke on Friday, February 16, 2001. The city has expressed its concern about the issues raised by Ms. Newham and expects Lowe's to respond to them in a timely manner. My client intends to do so. Among the issues that my client's project architect will discuss with the Newhams are appropriate landscaping and screening for the generator, an agreement on the time and length of periodic testing required for the emergency generator and anything else we can do to accommodate the Newhams' desire. Pordn01-2065663,1 0099999-00006 SEAT L5 PORTLAND VANcOu vszt.WA 80iib SALT L*(4 Cm WwsHINGMUN,D.C. 03-26-01 02:49PM FROM-STOEL RIV' ' LP 5032202480 T-059 P 03/03 F-126 STOEL RIVES LLP Mr. Dick Bewersdorff March 22, 2001 Page 2 I also think it is helpful to point out some of the other facts surrounding this matter. The generator is an emergency generator unit. It is connected to the building's lighting and smoke evacuation system. The generator will operate (except for periodic testing noted above) only in the event of an emergency such as a fire. As you know, the Tigard Code exempts noise from emergency situations from its regulation. The landscape buffer adjacent to the Newhams' lot was required when the property was used for residential purpose. The present Tigard Community Development Code ("TCDC") buffer matrix does not require a set back buffer between commercial uses. The pad does not accommodate heating and air conditioning units_ As stated above, the unit is an emergency generator only. My client is also discussing with the Newhams issues with environmental performance standards such as odor, vibration and noise. My client will take steps to address these issues satisfactorily for the Newhams. My client wants to be a good neighbor to the Newhams and to follow all city regulations. Occasionally, however, matters escape the attention of both developer and city. I fear that this is one of those situations. Nevertheless, my client will continue to work collaboratively with the city and with the Newhams to resolve this matter satisfactorily. Thanks again for your time and consideration. Very truly yours, old e. P� Michael C. Robinson MCR:ipc cc: Mr. Tom Maddox (via facsimile) Mr. Bill Crocker (via facsimile) Mr. Jim Bryan (via facsimile) Ms. Julia Hajduk (via facsimile) Port)nd i•2065663.1 0099999-00006 ±214.25 ±214 BC 212 210 213.13 BC S l 0 M Z 0 214.25 r II '� r-1 S.W. BEVELANs 214 f( '�' �„ I _ -. T-= 4.. . — 212 111 '11 11ill c - — :- -\-208 = ,t :■IF g r F, .s ' f _�.-,.--- _ 205 ■ <�11 GRADE BEYOND EMERGENCY N. LOADING 203.13 (BC) , l 1 GENERATOR DOCK DRIVEWAY A-A GENERATOR LOCATION SECTION ILA L ISTAO M SCALE: 1' a 20'-0' ARCHITECTS, P.S.C. LOT 28 919 124111 A■ NE C 204.5 205 206 206 6EU.ENIL.*0 90005 TEL 425.455.3203 Mx:425.455.9331 .n.ncn:eho•sI,om.com N. PROPERTY :'� -• .-�- `�-. ACCESS R. 1 206 m F -`-_- '-' -205 ie 0 �� Uirs _.._.._.—.,..�..,,.___.._�..--.�._.,, 204 D v, GRADE BEYOND EMERGENCY N. LOADING 203.13 (BC) 0 GENERATOR DOCK DRIVEWAY x U 22' • II . B—B GENERATOR LOCATION SECTION e� W N SCALE: 1' - 20'-0 ! o i U= O 1111 0 (NOT PART OF 1 9► 0 TOTAL SITE) 1r 0 re 4 I is 0 0 tP mil g 6- to. 'mac 04113 ® irro2.2' wl ' 0. 1. j 'O 0844 g �v. f v� :C7``)�i1i t -'..1" v v°°v v v°° `-'��I_ ~ ��i % r-,�/2� de •'4196, V°° . v °° a V ' Z t Gc ,f if 4 �// .-_ I•v.• v° v v 'mss. O CD LOT Q Ic L-, `C/ `,- � iv / � a l4.406494.L O I 2 0, z=^ �E"��`iillt�'/`��1 I4: Q1!t�! ��!R�ui�i �c: v�a v a . v y v v a 0 Cr s ey:46.411.0- C10r I�r tt9.�/� f. '41 i•�{` ,,�it� . i ,.. f. '9 a10�!,Ate!n!��'�a (n Q p C � � l C • � �� Noll. ` .v� I 41„;,, roe N: 99042 i3 c4. .:**fieggIrratMICTC10 Oil POP A00 - r On n NEW I 1-M N TO] Q Q� 7 -C�VO�0WIt GENERATOR RECEVING� � OO�IJ .Y U-2 O a� '1 SHEET ejle W.O . _ ___ � 1 OF 1_ TRUCK WELL ' o '4 cCOMZO ►� /1 4411 1 \ Low n 1 R Ii 011 .0 o m I * 111 . digi ARCHITECTS. P.S.C. 919 4254 53 r3 BELLEWE,WA 9!003 y .1E1:�73A33.370J / fAi•473.a53.9331 W CO N o � ry m = d u i • ne W ` 3 0 V ROCKERY WALL ; I! OR CMU O 2 Q OF�_ RADOR J "!±!i'CDOATh I-- Q F.S. = 203.95 _ L. . mo013': ;�� `� 17 3 .� o - � ;CL'R cg CL•R; a Z T.O.C. - 203.7' h 0 0 o W CC 0 O CC O :i N W Q d Z _ Q w OJ H roe d: 99042 • GENERATOR LOCATION • >C . x a SCALE: 1" = 20'-0" w N W NORTH o� m oN a A IMIIIIIIIIIIIIIIIIIIIIII SHEET SKA18 OF \ Y I 1 1 f i 1'i. i1 I, . SCONZO ...s4. A : Ae, i , t ii DISTANCE:GENERATOR TO BUILDINGS _A-- 0_'''' �— - -.- FROM GENERATOR TO: �� �Ill� '�,Z 2:9... c ,►. s �.�, : a 1 fv, ' I�'_' I •"I i I LOT 28: ± 150' L`.� t1 iiii . ' I: SFD#1: f 215' 11'IQ I l ; �, GJLJL� il I 1 ,I 0' SID#2: ±205' wu LLSTn 0 m . I ARCHITECTS, P.S.C. ' 1 co m COMM.BLDG#A: ±305' II , 919 174TH AVE HE ii' , • ' -iQ% COMMBLD G#B: ±405' B"`�"`'W" — --__-- - , I ; I' , ' ' TEL{75.1551203 - 1 1 ..1 CU,415.155.2151 I,, --:-;''T.''' ,i °A ; t ' ' •• COMMERCIAL to N CO 0 BUILDING #A . _____________ SW BEVELAND STREET I`— ' • . o iii,w 1 ----4V------------------------- , t I , • R 4•i ', I --------------------ESA----- I ', /'� = p --- II.A`I.1 I I \ .n J 1 1 T,`3, - _ -----_----_ l — L — i �� ■ i , \--A` --_ -- --- __- -:��__._.--S— _�.Via.. -- ' C:11 i i , \ 1 ;� 1 1 f♦ _ -t-------------=-- ---- 1 IS• f1 O EO _ E 1 1 in 69 1 , 1 -, c III VELAND S EL-- - - 1�J Si 1 • _ __ __- 11 _ , " ' 1 • ------OHW------ -• ' u ' , ____________________ -_ • c _I =1Ii, X,(.3%. 1 1;rElr 273 'A11� ;I ��, ---1 it 1i i i 7 ' Q ?oo Tr 1 COMMERCIAT, J 1 O 1 '' 1 ;2 4 ;001 �' BUILDING #B— o ° cc IT 1?00 = ,- I Q '1 '' ' ONUMENT BOXWITH PLASTIC L 5g" I.R. z 0_ •. I END. I 'CAP MARKED O.S.H.D. co 1\ -'f� b d 19,340 K// ///I/ c07 9 H R-SET PER S.N. JOB #: 99042 i i A IIII 1 W. ,� ,(HELD) 'N. 50709.05 r , ,, `/ m W I . I1 ;' I E. 22350.05 r W o• Z Y C' B..15 31 W ;; ; i, ;' I / 0t1 um o`. a U• 4. ', . IN ) I a �' 'I ■ - SHEET Q1z ,:,p N O. , .1 it 2-2 1 , ° LC�7' 28 j � � . s � :4, .i7 1 C., 4 , ....,,„,, , i ii , , D __________, , , \\„1 ,,,t, .,. \ m it i \ .,... • , \ . . 40, I ,4,11 , \ ci,...,,.., i \ 4..1 A, .f.,,,,, . , ,or Ilk 4 r I ■ ti i I Co: 80 001k* / 4/1• 1 • i Olil i I , \ i 111110:J.! A 4 . Ak,'■ 1IP41Yi-,•7 I\ 411 . t "1''•'r• / l / / j \ r •1 ; !Ilk'V .-::1 i 1 - I \N t .. . „ , ��` i N N O G1 1 \., ' ,1 N i. l i0 A , I ,' 1 \ / I C i p 7-1 , 1 N o N { D ; ] \\\\sr isi:Ste'- - --- -�— - b , 1 es I . , .�, . .. ._ ._.. ._ -.._ 4. MATCH MATCH4..._....1 _ .�. ._. _.._..-.. .._..�.� .�.._......... ., LINE LINE�� • r�911 'I, DRAWN BY: " M3'~�.► m YZ GENERATOR LOCATION I • =TE. �.'r,, �/I♦. o rn � ci.r..., v'ift r.1 1 CHHECKED: �OWE'S OF f s N . 51-t,...,.���i DATE' TIGARD HOME IMPROVEMENT WAREHOUSE 5 A p riwi, PAGE REF: TIGARD, OREGON 1530 Faraday Avenue Suite 140 Carlsbad. CA 92008 A