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CUP2004-00004 CUP2004 - 00004 VERIZON FACILITY ADDITION AND REMODEL 120 DAYS = 12/21/2004 (Includes a 3-day extension) CITY OF TIGARD DATE OF FILING: 11/8/2004 Community Development Shaping Better Community CITY OF TIGARD Waslu ngton County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2004-00004 DEVELOPMENT ADJUSTMENT (VAR) 2004-00056 DEVELOPMENT ADJUSTMENT (VAR) 2004-00057 DEVELOPMENT ADJUSTMENT (VAR) 2004-00058 DEVELOPMENT ADJUSTMENT (VAR) 2004-00059 DEVELOPMENT ADJUSTMENT (VAR) 2004-00060 DEVELOPMENT ADJUSTMENT (VAR) 2004-00068 Case Name: VERIZON FACILITY ADDITION & REMODEL Name of Owner: Verizon Northwest, Inc. Name of Applicant: Precision Construction Company Address of Applicant: 8025 NE Killingsworth Street Portland, OR 97218 Address of Property: 10000 SW Cascade Avenue Tigard, OR 97223 Tax Map/Lot Nos.: Washington Co. Tax Assessor's Map No. 1 S135BC, Tax Lot 200 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND SIX (6) ADJUSTMENTS.. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON OCTOBER 25, 2004 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant requested Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant also requested approval of six (6) Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one- story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. At the close of the record, the Hearings Officer held the record open until October 28, 2004, then conditionally approved all applications subject to the conditions of approval within this final order. Zone: MUC: Mixed Use Commercial District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Action: > ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record Within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON NOVEMBER 10, 2004 AND BECOMES EFFECTIVE ON NOVEMBER 30, 2004 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 29, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division at 503-639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding applications by Verizon Northwest, Inc. ) FINAL ORDER for a conditional use permit to add a 496-square ) CUP2004-00004 and foot addition to an existing equipment shelter at 10000) VAR2004-00056,et. seq.' SW Cascade Avenue in the City of Tigard, Oregon ) (Verizon Washington Square) A. FINDINGS AND CONCLUSIONS 1. Verizon Northwest, Inc.(the "applicant") requests approval of a conditional use permit to add 496 square feet to the existing 838-square foot telecommunications equipment building at 10000 SW Cascade Avenue; also known as tax lot 00200, WCTM 1 S 135BC (the "site"). The addition will accommodate additional telecommunications equipment. The applicant also proposes a new generator and above ground fuel tank and modifications to the existing parking and landscaping on the site. The applicant is also seeking variances and adjustments to the following Washington Square Regional Center design requirements: two story minimum building height(single story proposed), minimum floor area ratio of 1.25 (.1524 proposed), minimum 50%building frontage along the street(the 24-foot frontage will be entirely occupied by the preexisting driveway), walkway from street to building entrance(no walkway is proposed), adjustment to street tree standards (the applicant is proposing that existing street trees off site be used), and an adjustment to allow the continued use of an existing driveway that does not meet the current driveway spacing standards. The 0.20-acre site and abutting properties are zoned MUC (Mixed Use Commercial). Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated October 21, 2004 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") held a duly noticed public hearing on October 25, 2004 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner Morgan Tracy summarized the proposed development, the applicable approval standards, the Staff Report and recommended conditions of approval. He noted that the owner of the adjacent property expressed concern that construction activities on the site may block the access easement located on the western portion of the site. He noted that recommended condition of approval 2 requires that the applicant submit a construction parking and staging plan demonstrating how construction will occur on the site without obstructing the easement. This application also includes Case Numbers VAR2004-00057,VAR2004-00058,VAR2004-00059,VAR2004- 00060 and VAR2004-00068. b. Steward Straus testified for the applicant. He asked City staff to clarify the timing of for execution of the restrictive covenant required by recommended condition of approval 5. He requested the hearings officer hold the record open to allow an opportunity to discuss the issue with City engineering staff. Otherwise he accepted the findings and conditions of approval in the Staff Report without objections. c. At the end of the hearing, the hearings officer held the record open for up to 30 calendar days to allow the applicant and staff an opportunity to discuss the timing of the conditions. The applicant submitted a fax on October 28, 2004 requesting that the hearings officer close the record without any changes to the conditions. Therefore the hearings officer closed the record at 9:00 a.m., October 28, 2004. 3. City staff recommended that the hearings officer approve the applications based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions without objections or corrections. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order. 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit, variances and adjustments do or can comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact..Therefore those applications should be approved subject to such conditions. B. ORDER In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP2004-00004, VAR2004-00056, VAR2004-00057, VAR2004-00058, VAR2004- 00059, VAR2004-00060 and VAR2004-00068 (Verizon Washington Square), subject to the conditions of approval in the City's Staff Report dated October 21, 2004. DATED this 8th day of November 2004. ,Zliii■ . J.- urner, 'q., AICP /le! of Tigard Land Use Hearings Officer CUP 2004-00004 and VAR 2004-00056,et.seq. Hearings Officer Final Order (Joe Turner) Page 2 Agenda Item: 2.1 Hearing Date: October 25 2004 STAFF REPORT TO THE 444 HEARINGS OFFICER �Tip CITY OF TIGARD Community'Development FOR THE CITY OF TIGARD, OREGON Shaping A 'Better Community 120 DAYS = 12/18/2004 SECTION I. APPLICATION SUMMARY FILE NAME: VERIZON SWITCH BUILDING ADDITION CASE NOS: Conditional Use Permit (CUP) CUP2004-00004 Variance VAR VAR2004-00056 Variance VAR VAR2004-00057 Variance VAR VAR2004-00058 Variance VAR VAR2004-00059 Adjustment (VAR) VAR2004-00060 Adjustment (VAR) VAR2004-00068 OWNER: Verizon Northwest, Inc. APPLICANT: Phillip Young, Precision Const. 1800 41St Street (WA101LB) 8025 NE Killingsworth St. Everett, WA 98206 Portland, OR 97218 PROPOSAL: The applicant is seeking conditional use approval to add 496 square feet to an existing unstaffed equipment shelter building. The applicant is also seeking variances for relief from several Washington Square Regional Center design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1 .25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), walkway from street to building entrance no walkway is proposed), adjustment to street tree standards (the applicant is proposing that existing street trees off site be used), and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. LOCATION: 10000 SW Cascade Avenue (WCTM 1S135BC Tax Lot 00200). ZONE AND MUC: Mixed Use Commercial District. The MUC zoning district includes COMP PLAN land around the Washington Square Mall and land immediately west of DESIGNATION: Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE Community Development Code Chapters: 18.330, 18.370, 18.390, REVIEW 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, CRITERIA: 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: VERIZON SWITCH BUILDING ADDITION PAGE 1 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1 . Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 2. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. 3. Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 4. Prior to issuance of a site permit, Additional right-of-way shall be dedicated to the Public along the frontage of Cascade Avenue to increase the right-of-way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 6. Prior to final building inspection, the applicant's engineer shall provide final sight distance certification. 7. Prior to final building inspection, the applicant shall pay $341.50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. VERIZON SWITCH BUILDING ADDITION PAGE 2 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 8. The applicant shall either place the existing overhead utility lines along SW Cascade Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $846.30 and it shall be paid prior to final building inspection. 9. Prior to final building inspection, the applicant shall pay the fee in-lieu of constructing an on-site water quality and water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The subject parcel was included in the Washington Square Regional Center area, and was rezoned from C-G (General Commercial) to its present MUC designation in 2002. The utility building was constructed in 1984 (SDR 24-84) following a partitioning of the property the same year (MLP5-84). There have been no substantial changes to the site since that approval, apart from interior building modifications and the installation of an underground storage tank. Vicinity Information: The site is zoned MUC (Mixed Use Commercial) along with abutting properties to the north, south, east, and west. The site is surrounded by a mix of commercial and light industrial uses. The majority of this existing development is non—conforming with respect to present Washington Square design standards. Site Information and Proposal Description: The site is currently developed with a small unstaffed utility building. The applicant requests to expand this building to accommodate extra capacity for its telecommunication system. The site has frontage onto SW Cascade, and as a condition of the previous partition approval, there is a reciprocal 24-foot-wide easement for access through the site, and through the parcels located to the north and north east. The easement provides a through route to the frontage road adjacent to Hwy 217. Due to several factors, i.e. the nature of the use and the size and configuration of the property, the applicant is requesting a number of adjustments and a variance. These are discussed in more detail later in this report. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to add 496 square feet to an existing 838 square foot single-story utility facility which houses telecommunications equipment. The facility is operated by Verizon Northwest, and is considered by the City to be a Basic Utility use. Basic Utilities are defined as Community infrastructure, including water and sewer systems, telephone exchanges, power substations and transit stations. Basic Utility uses are permitted conditionally within the MUC zoning district. The adjustments that have been requested are typically reviewed administratively. However, when different requests are reviewed concurrently, the highest review authority renders the decision on all matters in the application. In this case, the application is subject to a public hearing before the City of Tigard Hearings Officer. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. VERIZON SWITCH BUILDING ADDITION PAGE 3 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The proposed Conditional Use permit is a Type III-HO decision. The proposed adjustments are subject to a Type II administrative decision, but will be heard by the Hearings Officer. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, the site is posted with a notice of the public hearing. Staff received one letter from the abutting northerly property owner's representative. This letter was primarily concerned with preservation of the access easement through the site particularly ensuring that no improvements are allowed to reduce its width. The letter also expressed concern with construction vehicles blocking egress during construction, and with these vehicles parking on the abutting property. This raises a fairly significant question, as the site is so constrained and parking is not permitted on SW Cascade Avenue; "where will contractors park, and where will materials be staged during the building's construction?" This is discussed in greater detail later in this report, under the criteria for conditional use. SECTION VI. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case, in the Chapter order in which they are addressed in this report are as follows: A. Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) B. • •licable Develo•ment Code Standards :. I on.itiona Uses 18.360 Site Development Review) 18.370 Variances and Adjustments) 18.510 Residential Zoning) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste & Recyclable Storage) 18.765 Off-Street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 Visual Clearance) C. Additional Site Development Review Approval Standards D. Street and Utility Improvement Standards (18.810) E. Impact Study (18.390) SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. VERIZON SWITCH BUILDING ADDITION PAGE 4 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 8,635 square feet in size. This report evaluates the proposal and necessary review criteria for the site. While the site is constrained by its size and configuration, the site is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no apparent natural features on this site. The site's size and shape make it suitable for little else than an unstaffed use. Accommodating parking for any other use type would present a significant challenge, and its lack of street exposure renders it undesirable for other commercial uses. There is a concern regarding the temporary impacts from staging materials and parking contractor trucks during the construction period. Staff acknowledges that this will be a temporary impact and doesn't render the site unsuitable for the long term use. Since there is an access easement benefiting the abutting parcels to the north, this area cannot be obstructed. To address this concern, staff recommends that the Hearings Officer impose a condition requiring a staging and parking plan for the site prior to issuing building permits. With this condition the site will be suitable not only for the long term establishment of the proposed use, but will be able to mitigate for the temporary impact from construction activity. All required public facilities have adequate capacity to serve the proposal; and The site is unstaffed and therefore does not require sewer or water. Storm drainage and streets are adequate to serve the site. This criterion is satisfied. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the MUC zone, the additional dimensional requirements for basic utility uses are specified in the Conditional Use Standards of Section 18.330.050.B.16 and the dimensions proposed for this development. STANDARD MUC CONDITIONAL USE PROPOSED REQUIREMENT • Minimum Lot Size 3,050 sq.ft. 5,000 sq.ft 8,635 sq.ft Minimum Lot Width None SAME AS MUC —58 ft. Minimum Setbacks Front yard 0 ft SAME AS MUC 112 ft. Cascade Ave. Side facing street on corner&through lots 0 ft SAME AS MUC n/a Side yard 0 ft SAME AS MUC 3.5 ft/30 ft. Rear yard 0 ft SAME AS MUC 3 ft Maximum Front Yard Setback 10 ft. SAME AS MUC 112 ft.* Minimum Height 2 stories SAME AS MUC 1 story* Maximum Height 200 ft. 75 ft. 12.5 ft Minimum Floor Area Ratio 1.25 SAME AS MUC 0.1524 Maximum Site Coverage 85% SAME AS MUC 84.2% Minimum Landscape Requirement 15% SAME AS MUC _ 15.8% * Adjustments required. The application fails to meet the dimensional requirements of the underlying zone for maximum front yard setback and minimum building height. These standards are new and unique to the Washington Square design area. The applicant has requested adjustments to these standards which are addressed later in this report. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 5 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.370, Variances and Adjustments; 18.390, Decision Making Procedures; 18.520, Residential Zoning Districts; 18.630, Washington Square Regional Center design standards; 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.780, Signs; 18.785, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Staff further believes that there are no policies of the comp plan that are not addressed by the development code for this particular request. FINDING: Based on the analysis above, and the conditions imposed on the development, the General Approval Criteria for a Conditional Use can be satisfied. CONDITION: Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Additional Conditions of Approval for Conditional Use. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Staff does not find any justification to impose conditions limiting the hours, days, and/or manner of operation. According to the applicant, the facility is unstaffed and operates automatically 24 hours a day. Only occasional visits from a service technician are anticipated. There is a generator proposed on the north side of the site, but it will only be tested occasionally, and used during power failures. Requiring design features, which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The hazards related to odor, dust, noise, glare, air pollution, and vibration can be mitigated through the design of the building. Those hazards that are inherent during construction will be held to the same standards as other construction within the City of Tigard as regulated by the Tigard Municipal Code (TMC). All of these items will be subject to code enforcement review if the applicant exceeds the allowed levels. Requiring additional setback areas, lot area, and/or lot depth or width; VERIZON SWITCH BUILDING ADDITION PAGE 6 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has requested an adjustment to the maximum front yard setback. However, in this case, the setback adjustment is to increase it from the 10-foot maximum requirement based on the lot configuration. That adjustment is discussed in detail later in this report. Staff finds no justification to require additional setbacks, lot area, lot depth, or width for this use. Limiting the building height, size or lot coverage, and/or location on the site; Based on the plans submitted, the applicant has designed and placed the building such that it meets the underlying zone requirements except for the front yard setback along the southern property line. Also, the applicant has requested an adjustment to reduce the height from its two story minimum requirement, to a single story structure. Adjustments to these standards are discussed in detail later in this report. Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to utilize the existing access points into the site. The access is discussed in more detail later in this report. Requiring street right-of-way to be dedicated and street(s) to be improved; Street dedications have been proposed and are addressed later in this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Landscaping, screening, drainage, and parking have been addressed individually and in more detail later in this report. Limiting the number, size, location, height and/or lighting of signs; There are no signs proposed at this time, and the applicant has indicated that any new signage will be applied for at a later date. Compliance with the sign requirements for the underlying zone will be considered once a sign permit application is submitted. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has proposed to relocate existing building lights and utilize motion detectors for security purposes. Since no personnel will be regularly at this site, this lighting appears to be adequate for this use. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Staff will address screening and landscaping later in this report, however, based on the relatively isolated location of the structure, screening and additional landscaping does not appear to be warranted. Requiring and designating the size, height, location and/or materials for fences; This criterion is addressed in more detail under landscaping and screening. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees greater than 12 inches in diameter on the site. The applicant has indicated that no trees will be removed to accommodate the proposed construction, but some smaller shrubs will be removed to provide area for the expanded structure. There are no watercourses, habitat areas, drainage areas, or vegetation other than domesticated landscaping that will be affected by this proposal. VERIZON SWITCH BUILDING ADDITION PAGE 7 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and This development is not adjacent to the 100-year floodplain; therefore, a condition is not necessary. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This development is not adjacent to the 100-year floodplain, therefore, a condition is not necessary. B. APPLICABLE DEVELOPMENT CODE STANDARDS Site Development Review — Chapter 18.360: The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. Variances and Adjustments — Chapter 18.370: The Washington Square Regional Center requires many design features to promote a pedestrian friendly, dense urban environment. The applicant is seeking variances for relief from several of the Washington Square Regional Center (WSRC) design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1 .25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), and walkway from street to building entrance (no walkway is proposed). These variances are considered together in the following variance analysis: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The proposed variances on their face do appear to thwart the purpose of the Washington Square Regional Center Plan which generally requires a strong on-street presence, dense urban type development, and a mixture of uses in a project. However, there are a number of factors why the purpose of this title and other properties in the same zoning district and vicinity will not be detrimentally impacted. First, when the plan was developed, the standards did not anticipate the functional requirements of stand alone utility buildings and structures. For safety and security needs, this type of use should be separated from others. Second, the property in question is infeasible to develop consistently with the purpose of the WSRC plan. Third, the variances requested generally lessen the impact on other properties (i.e. increased setbacks, reduced building height, lower floor area ratio). Moreover, since the building is located behind and is subordinate to other development around the street fronting perimeter, the fact that this building does not meet the minimum building height or lack of street presence will have a negligible affect to other properties. Only the lack of a walkway impacts the other properties by depriving a pedestrian connection through the unstaffed site to the commercial properties to the north. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The lot in question is small, but is further hampered by its shape, and the presence of an access easement that occupies most of the property. The configuration of the lot with the long narrow flag pole out to the street creates additional constraints. With the easement occupying this entire flag pole, there is no ability to provide a pedestrian walkway and maintain the preexisting 2-way easement. Reducing the width of the easement is also not practical due to the use of the drive by oversized delivery trucks for the adjacent convenience store. Full compliance with the FAR standard would mean a 10,794 square foot building. VERIZON SWITCH BUILDING ADDITION PAGE 8 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER With the limited available building footprint, this would require an approximate 8 story tall building, which consequently would likely violate the specific height limits established by the conditional use provisions. The lot's constraints do not prevent the applicant from constructing a second floor, but do prevent bringing the building out to the street (10-foot maximum setback and 50% minimum building frontage), placing a walkway between the building entrance and the public street, and constructing a structure that complies with both FAR and height limitations. While the site itself does not prevent compliance with the building height, it is the nature of the proposed use that hampers compliance with this standard. A two story building is attainable, but would end up serving no purpose, since the applicant notes that the equipment needs to be located in a horizontal versus vertical configuration. As argued, this would result in the construction of a second floor that is not used. Staff believes that equipment could be situated in a vertical manner, but does not see the need to require this currently inconspicuous non-occupied building to be built to two stories, raising its profile above other one story buildings in the immediate area. c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use will be the same as otherwise permitted under the title. All other aspects of the proposal will meet city standards aside from those elements being requested for variances or adjustments. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and Existing physical and natural systems will not be impacted by the requested variances. Drainage will continue to be adequately handled by the public storm drain system, there is no net increase to the traffic being generated, and there are no dramatic land forms or parks on or near the site. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardships in this case are the lot configuration, presence of a 24-foot-wide access easement, and the nature of the proposed use. The lot configuration and access easements are physical constraints that bar the applicant from complying with the building placement standards, and are not self imposed. By placing the addition on the south of the existing building, the applicant will come closer to compliance to the extent possible. The nature of the proposed use dictates that the structure be a single level. With the presence of the driveway, and required landscaping, the building is as large as it can be in a single level configuration. This prevents meeting the 1.25 FAR. Staff acknowledges that the proposed use can be considered self-imposed, but also notes that the use is a preexisting one, and it is the need for expansion driven by expanding telecommunication needs that is driving the proposed development. To that extent, this hardship is not self imposed. Adjustments The applicant has additionally requested two adjustments; An adjustment to street tree standards to utilize exiting trees adjacent to the site, and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; VERIZON SWITCH BUILDING ADDITION PAGE 9 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There is a number of existing telephone lines under the existing driveway that may be impacted by excavation for tree planting. (2) If the tree would cause visual clearance problems; or Not only would the tree(s) cause vision clearance problems, they would obstruct vehicles entering or exiting the site. (3) If there is not adequate space in which to plant street trees. There is 24.18 feet of frontage that is encumbered by a 24-foot-wide access driveway. The 0.17 foot area does not leave sufficient room to plant any trees. There are already trees planted on either side of the access driveway. Adjustments to access requirements. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; Access is presently shared with the abutting parcels to the north. This driveway is used by the convenience store for deliveries. If the egress on SW Cascade were closed, there is insufficient area to turn the delivery trucks around behind the store. So while it is possible to share access, closing existing access is not feasible. (2) There are no other alternative access points on the street in question or from another street; Alternate access is provided to the frontage road via the access easement, but as for conforming points of access for the subject parcel, no there are no alternatives based on the limited site frontage. (3) The access separation requirements cannot be met; As noted previously, with the limited available frontage, there is no alternative that would meet the access separation requirements. (4) The request is the minimum adjustment required to provide adequate access; The request is to maintain the existing access driveway, which is the minimum adjustment required. (5) The approved access or access approved with conditions will result in a safe access; and The existing access has operated in a safe manner to date. There appears to be no need to require additional restrictions on its use or design. (6) The visual clearance requirements of Chapter 18.795 will be met. Visual clearance is already met, and the applicant will be required to provide a sight distance certification following completion of construction. FINDING: Based on the analysis above, the criteria for the four variances and two adjustments have been satisfied. Commercial Zoning Districts — Chapter 18.520: The residential zoning district development standards are discussed previously in this report under the Conditional Use standards. It should be noted that Basic Utility uses are permitted conditionally in all residential zones. VERIZON SWITCH BUILDING ADDITION PAGE 10 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The following design standards apply to all development located within the Washington Square Regional Center within the MUC, MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. Pre-Existing Uses and Developments: Chapter 18.630.030 states that notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.C. The current proposed development includes an expansion to the existing building that exceeds 20%. The existing building is 838 square feet, and the addition is 496 square feet (59%). Therefore, this project is required to meet all the relevant standards of the Washington Square Regional Center Design Criteria. Section 18.630.040 requires a way for creating continuity and connectivity within the Washington Square Regional Center (WSRC). The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. The connectivity standards may be satisfied by either of two options: 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. VERIZON SWITCH BUILDING ADDITION PAGE 11 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The subject site is located on SW Cascade Avenue. SW Cascade is sandwiched between Hwy 217 and the railroad tracks. There are no opportunities for street connections from SW Greenburg Road to SW Scholls Ferry Road based on these constraints. The WSRC Implementation Plan calls for two additional highway crossings in this area, but there is no funding presently available to construct them. On a project specific basis, this project will result in no increase in trips. There are no opportunities to provide street connections through this site because 1) the site does not have adequate area to create a street, and 2) such a street would enter SW Cascade too close to the intersection with SW Greenburg Road. Therefore, while this standard is not met, it is infeasible to do so, and improportionate to require off-site improvements. Section 18.630.050 specifies the site design standards applicable to developments in the Washington Square Regional Center. Building lacement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. The proposed expansion is along a minor collector frontage. The site has 24.18 feet of frontage. However, as addressed previously in this report, the access easement occupies the entire 24-foot width. The 38-foot-wide building sits about 112 feet from the new property line along the street. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Building setback. The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. Table 18.520.2 specifies that the minimum setback is 0 feet and the maximum setback is 10 feet along the front yard. However, as addressed previously in this report, the building cannot be brought to the front of the lot due to the presence of a pre-existing access easement. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. The applicant notes that landscaping is provided in between the building and the street in the areas not occupied by the access driveway. Pedestrians may utilize this driveway for access, but are not encouraged to do so, since inadequate width is present to establish an on site walkway. Moreover, as the site is unstaffed, amenities of the types mentioned would likely go unused. VERIZON SWITCH BUILDING ADDITION PAGE 12 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. There is inadequate area to provide a conforming walkway, and moreover, there is little need for a walkway to this unstaffed building. As addressed previously in this report, the applicant has requested a variance to this standard. By granting this variance, this standard is met. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 landscape standard. There is no parking required for this use. A loading area will be located in front of the building but will be sufficiently behind the adjacent gas station building. This standard is met. Section 18.630.060 specifies the building design standards to control the vertical elements of new development within the Washington Square Regional Center. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. As the facility is unstaffed and requires additional security protection, there are no windows provided. However, this standard is still satisfied by the fact that it is located greater than 10 feet from the street, and thus the requirement does not apply. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. The building footprint is only 38 feet wide in one direction and 50 feet wide the other. This standard is satisfied. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged alone building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. A small overhang is provided over the door to provide basic protection from the elements. VERIZON SWITCH BUILDING ADDITION PAGE 13 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The building will be faced with tongue and groove cedar siding in compliance with this standard. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The proposed building expansion will utilize a gabled roof system. No false roofs will be utilized. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant has indicated that mechanical equipment will be located to the side and rear of the building. No rooftop equipment is proposed nor will it be allowed. Section 18.630.070 specifies additional requirements as related to signs. In general for commercial developments in the MUC zone, the requirements for signs in commercial zones as described in 18.780 shall be used. Height limits for freestanding signs shall be 10 feet. Wall signs are not permitted to extend above the roofline of the wall on which the sign is located. No height increases will be permitted. The applicant is proposing no new signs. Any subsequent sign will require application through a separate permit process. Therefore, this standard has been satisfied. Section 18.630.090 describes the landscaping and screening requirements applicable within the Washington Square Regional Center. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 31/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 21/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The applicant is removing areas of existing landscaping but not below the minimum required. No additional trees are proposed, and the applicant has requested an adjustment to utilize existing street trees as previously discussed. If any new trees are planted, they will need to be a minimum of 21/2 inch caliper. FINDING: The Washington Square Regional Center Design Standards have been met. Access Egress and Circulation - Chapter 18.705: Public Street Access: All vehicular access and egress as required in Sections 18.705.030(H) and 18.705.030(I) shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis; VERIZON SWITCH BUILDING ADDITION PAGE 14 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The site fronts SW Cascade Avenue and obtains access directly from this public street. Additional access is obtained via a reciprocal easement through the northern parcels to the frontage road to the east. This criterion is satisfied. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety . Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; and The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with less than 99 parking spaces is one 30-foot-wide access with a 24- foot pavement width. The site has access through the parking lot which connects to the frontage street at a 30-foot-wide access point. The 24-foot-wide easement extends through the site to SW Cascade. While there is not 30 feet of width for this access point, the paved width is 24 feet, and the site has an alternate conforming access. This standard is satisfied. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant has not addressed sight distance. The applicant's engineer shall provide sight distance certification prior to final building inspection. VERIZON SWITCH BUILDING ADDITION PAGE 15 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITION:Prior to the issuance of the site permit, the applicant's traffic engineer shall provide site distance certification for the driveways on SW Cascade Avenue. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The existing driveway does not meet this standard. The project has less than 150 feet of frontage and in fact has just 24.18 feet of frontage. The driveway cannot be moved any further from the intersection. The driveway is providing shared access for this parcel and the convenience store to the north. This criterion is therefore met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Cascade Avenue is classified as a Collector street. The existing driveway location does not meet the required 200-foot spacing. The applicant has applied for an adjustment to this standard. While the applicant points out that the convenience store shares the access located on Cascade Avenue they fail to point out that they also have reciprocal access across the convenience store property. This reciprocal access agreement provides an alternative access point for the Verizon property. The access required for truck movement for the store is a more compelling justification for leaving the existing driveway on Cascade Avenue. There does not appear to be any area on either site for trucks to turn around safely. Therefore, staff concurs with the request for an adjustment. Environmental Performance Standards — Chapter 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. VERIZON SWITCH BUILDING ADDITION PAGE 16 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: Based on the information provided by the applicant, the expanded use of the property will conform to the above requirements. There is no history of non compliance, and staff has no indications that the above standards will not be satisfied. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, and possible fines until they were brought back into compliance. Landscaping and Screening Chapter 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has requested an adjustment to this standard as addressed previously in this decision. By granting the adjustment, this criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. It is the intent of these standards to provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution that a development site may impose on adjacent properties. The abutting uses are similar in their commercial nature. Since the equipment for this utility will be housed indoors, there is no need for additional screening or buffering. This criterion is satisfied. Mixed Solid Waste and Recyclables Storage — Chapter 18.755: Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant notes that the site generates no waste, as it is unstaffed. Staff concurs. This criterion is satisfied. Off-Street Parking and Loading (18.765): Disabled-Accessible Parking: All arkin areas shall be provided with the required number of parking spaces for disabled p disabled g persons as specified by the State of B Oregon Uniform uilding Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Oregon Uniform Building Code, only affected buildings are required to provide ADA spaces. Unstaffed buildings are excluded from affected buildings, and thus no ADA spaces are required. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. VERIZON SWITCH BUILDING ADDITION PAGE 17 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The TDC requires no bicycle parking for this use. This criterion is satisfied. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The TDC requires no vehicle parking for this use. This criterion is satisfied. Off-street loading requirements: Off-street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed facility is 1,334 square feet in size, and is not required to have a loading area, nevertheless in recognition of the occasional service technician visits, the applicant has shown a loading area for temporary loading/unloading of equipment. This standard is satisfied. Tree Removal — Chapter 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. There are no trees greater than 12 inches on this particular property, however, the adjoining property to the east has a row of evergreen hedge plants and the property to the north has a tree located near the property line that will need to be protected during the construction. FINDING: There are no trees on this particular site; however, there are landscape plants on the adjoining property to the east and a tree to the north within 12 feet of the building. In order to ensure the viability of the existing trees and those trees within the area of work, the following conditions shall apply. CONDITIONS: Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. Visual Clearance Areas — Chapter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. VERIZON SWITCH BUILDING ADDITION PAGE 18 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center Line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures or other changes inside of the vision clearance area, and the applicant has stated in the narrative, that no obstructions will be placed in the visual clearance areas. Moreover, engineering staff have required that a sight distance certification will be required as part of meeting the access standards. This standard is satisfied. C. ADDITIONAL SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain) and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this report and, therefore, will not be addressed in this section: 18.360.090.13 (Parking); 18.360.090.12 (Landscaping); 18.360.090.13 (Drainage); and 18.360.090.14 (Provision for the Disabled); 18.360.090.15 (Provisions of the underlying zone). Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards: As discussed in this report, all applicable sections have been addressed and where the proposal is deficient, staff has recommended conditions to ensure compliance. Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. As discussed previously in this report, there are no trees on this site. The site has already been developed to the point that there are no extraordinary natural constraints that would dictate the placement of the proposed building. No buildings or structures are proposed that will hinder air circulation, or prevent fire-suppression. This criterion has been met. Buffering, screening, and compatibility between adjoining uses: Buffering shall be provided between different types of land uses and decreased noise levels, air pollution, visual barrier, on site screening of service areas, storage areas, parking lots, and mechanical devices on roof tops shall be considered in determining the intensity of the buffer or screen. Buffering and screening has been discussed previously in this report. This criterion is satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 19 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. The City of Tigard Police Department has reviewed this project and has not indicated concern or objection with the roposal. The applicant is proposing to use motion detector site lighting mounted on the building to discourage loitering. This criterion is satisfied. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The site is approximately 150 feet from a transit route, however, as the site is unstaffed, there is no nexus between the type of the proposal and the need for transit related improvements. This criterion is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS - CHAPTER 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a neighborhood route street to have a 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Cascade Avenue, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 37 feet from centerline. SW Cascade Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should enter into a Restrictive Covenant for future street improvements. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. VERIZON SWITCH BUILDING ADDITION PAGE 20 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There are existing sidewalks along the frontage of SW Cascade Avenue. This standard is met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. No connection is required. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage impacts. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Detention is required when the net, new impervious surface area exceeds 5,000 square feet. The improvements proposed will create approximately 375 square feet of net, new impervious area, therefore a fee in-lieu of detention will be allowed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Cascade Avenue is a designated bicycle facility. VERIZON SWITCH BUILDING ADDITION PAGE 21 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It is not practical for this project to provide striping, but it is appropriate to collect the cost of the striping. The amount of the striping would be as follows: • 25 feet of 8-inch white stripe, at $2.50/If $62.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows @ $100/ea $100.00 $341 .50 Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in- lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Cascade Avenue. If the fee in-lieu is proposed, it is equal to $35. 00 per lineal foot of street frontage. The frontage along this site is 24.18 lineal feet; therefore the fee would be $846.30. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is not proposing any new water connections. VERIZON SWITCH BUILDING ADDITION PAGE 22 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant shall pay the fee in-lieu of constructing an on-site water quality facility. Grading and Erosion Control: CWS 6esign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). The site is already addressed, thus no fee will be required. E. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. ROUGH PROPORTIONALITY ANALYSIS Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan/Resolution 95-61 , TIF's are expected to recapture 32 percent of the traffic impact of new development. Unstaffed utility buildings are not assessed a TIF. FINDING: The applicant is proposing to dedicate right-of-way and is required to bring the streets up to current standards. This is being accomplished by entering into a restrictive covenant to participate in a future road improvement project and by paying fees to underground utilities and to place a bike lane. No other exactions or off site improvements are required. Thus the impact mitigation is proportionate to the level of impact resulting from the proposal. VERIZON SWITCH BUILDING ADDITION PAGE 23 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review and the comments have been incorporated into this report. SECTION IX. AGENCY COMMENTS Portland General Electric, Tigard Tualatin Schools, NW Natural, Comcast, Verizon, TVF&R and Clean Water Services were given the opportunity to review this proposal and submitted no comments or objections. 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J _ BEfF�,ENU W',i _ , I. !D\� i{ � /^L Tgard Area Map V • N 0 0 0 f0or� °000°001 O=O' O o p O 0 100 200 300 400 Feet i 0 0 0 = 00 0 0 0 Q / 1"=310 feet 2 7'-' W A — Arri i °000°0 A - City of Tigard 00 o0 / 0 Information on this map is for general location only and A should be verified with the Development Services Division JORTH DAKOT ST /-\__ 13125 ard,OR 7223 NORTH Tigard,OR 97223 jI (503)6394171 1 1 ` ` / / � ___I _��—i---I _ :Uwww.d.ligard.ar.us Community Development Plot date:Sep 29,2004:C:\magic\MAGIC03.APR 1 ir.iik J k TX/5T 7-115TOKT ea:T TRASH 1lW lO O%i OM= /IWCIKM MICS7 I•••• A Nareo / �' `\ • '`N. •• • •_ / -�- NfW A6pV!GRCIA/O run.Duo 0• I•- . �NtW IXAN5PpR yy•/-' -- PGTS)OONSOU • y y • I 2 1;, • ., ' Q'�T /1ra :/ -I K.,• • • :-) RCINR LHST TCNCf /'pp II \ � (p Al1YC01RIduG UNITS meeepp �•� TRW 4-nab/042 °e 1 \ OYflIGdA: 4�/,L, RWPJWePI/I I ..J!. #:. -�:: C. /�H•-•..zq? . j ////f.. j // /7.-:-:- . ////// :•.• • ;, I- 1 fr00 ::::::i 1.005CAP G LL mill I 111111 r 5ITE AREA 875457 > EXIST DR/VEI011 I I I LANDSCAPE AREA 1370 57 /5.65% (-375 16666 I IIIIII 1 BUILDING AREA 1334 5F /5.24% (#49. 1 111111 PAVED AREA 605057 69.I I% 1,12/ L 111111 1 IIIIII IIIIII I 1 111111 o,5TG PANNG 5LQ°CS TO DRNN TO UTCN 615,'05 UI h-O W IIIIIII I IIIIIII IIIIIII , 1 1 1 1 1 GttSTG T6CMWR P@CCRS?Wm NAT NEW RIGHT-O7-WAY LINE AFTER DEDICATION -� - Nv 5WGIXAX Aviwir-a#4.Dm.n- ALL PUBLIC IMPROVEMENTS DEFERRED TO FUTURE/ i T I M E-A P P L I C A N T A G R E E S T O E N T E R INTO AN 1 1 1 1 I 1911576 PON[R Ma WTI TRAIeI010.447 Ma AGREEMENT FOR FUTURE STREET IMPROVEMENTS `_ IEaC' 0°W" na � (RESTRICTIVE COVENANT) e — IIIIII, SW CASCADE AVENUE ClivOF TIGARD t CUP2004-00004/VAR2004-00056, 57, 58, 59, 60 & 68 sill-1E PLAN (Map is not to scale) VERIZON FACILITY ADDITION & REMODEL MEETING RECORDS From: "Morgan Tracy" <Morgan @ci.tigard.or.us> Subject: Re: Verizon Switch CUP Date: October 28, 2004 9:31 :11 AM PDT To: jtpc @qwest.net It works! The fax was recieved this morning at 9:00, and is dated October 28, 2004. Morgan Tracy, AICP Associate Planner City of Tigard - Community Development 13125 SW Hall Boulevard (503) 639-4171, ext. 2428 "Joe Turner" <jtpc @gwest.net 10/28/2004 9:23:30 AM >>> I got it and I will write the decision based on the Staff Report. Thanks. What is the date on the letter/when did you receive it, so I can note in the decision when the record officially closed? Joe On Oct 28, 2004, at 9:20 AM, Morgan Tracy wrote: Regarding CUP 2004-00004, We have recieved a letter from the applicant requesting to close the record, no changes to the conditions were necessary. Please respond to confirm that you have recieved this message. Thanks Joe. Sincerely Morgan Tracy, AICP Associate Planner City of Tigard - Community Development 13125 SW Hall Boulevard (503) 639-4171, ext. 2428 Thursday, October 28, 2004 8;59 AM Stewart Straus 503-672-7808 p 01 ATTN. Morgan Tracy Fax Number 503-684-7297 Phone Number FROM Stewart Straus Fax Number 503-672-7808 Phone Number 503-672-7517 SUBJECT Verizon Washington Square RSU Number of Pages 1 Date 10/28/2004 MESSAGE This is notice to the City of Tigard that it is no longer necessary to hold the record open for the land use review. Phil Young of Precision Construction as the applicant has advised me that Verizon will be able to comply with the two requirements for dedication and covenant within the one month time frame anticipated prior to earliest possible issuance of building permit. Should circumstances change, Phil Young will contact the City of Tigard to discuss other options at the earliest possible time. CITY OF TIGARD OREGON — OMMUNITY DEVELOPMENT — C .ENT PLANNING DIVISION 111111 # t HEARINGS OFFICER IIII MONDAY - OCTOBER 25, 2004 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 VERIZON FACILITY ADDITION & REMODEL CONDITIONAL USE PERMIT(CUP) 2004-00004 DEVELOPMENT ADJUSTMENT (VAR) 2004-00056 DEVELOPMENT ADJUSTMENT (VAR) 2004-00057 DEVELOPMENT ADJUSTMENT (VAR) 2004-00058 DEVELOPMENT ADJUSTMENT (VAR) 2004-00059 DEVELOPMENT ADJUSTMENT (VAR) 2004-00060 DEVELOPMENT ADJUSTMENT (VAR) 2004-00068 REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six(6)Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. LOCATION: 10000 SW Cascade Avenue; WCTM 1S135BC, Tax Lot 200. Page 1 of 2 ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 2 of 2 Agenda Item: 2.1 Hearing Date: October 25 2004 STAFF REPORT TO THE A HEARINGS OFFICER .� !'- CITY OF TIGARD Community Development FOR THE CITY OF TIGARD, OREGON SiapingA(Better Community 120 DAYS = 12/18/2004 SECTION I. APPLICATION SUMMARY FILE NAME: VERIZON SWITCH BUILDING ADDITION CASE NOS: Conditional Use Permit (CUP) CUP2004-00004 Variance VAR VAR2004-00056 Variance VAR VAR2004-00057 Variance VAR VAR2004-00058 Variance VAR VAR2004-00059 Adjustment (VAR) VAR2004-00060 Adjustment AR) VAR2004-00068 OWNER: Verizon Northwest, Inc. APPLICANT: Phillip Young, Precision Const. 1800 41St Street (WA101 LB) 8025 NE Killingsworth St. Everett, WA 98206 Portland, OR 97218 PROPOSAL: The applicant is seeking conditional use approval to add 496 square feet to an existing unstaffed equipment shelter building. The applicant is also seeking variances for relief from several Washington Square Regional Center design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1.25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), walkway from street to building entrance (no walkway is proposed), adjustment to street tree standards (the applicant is proposing that existing street trees off site be used), and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. LOCATION: 10000 SW Cascade Avenue (WCTM 1S135BC Tax Lot 00200). ZONE AND MUC: Mixed Use Commercial District. The MUC zoning district includes COMP PLAN land around the Washington Square Mall and land immediately west of DESIGNATION: Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE Community Development Code Chapters: 18.330, 18.370, 18.390, REVIEW 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, CRITERIA: 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: VERIZON SWITCH BUILDING ADDITION PAGE 1 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1 . Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 2. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. 3. Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 4. Prior to issuance of a site permit, Additional right-of-way shall be dedicated to the Public along the frontage of Cascade Avenue to increase the right-of-way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 6. Prior to final building inspection, the applicant's engineer shall provide final sight distance certification. 7. Prior to final building inspection, the applicant shall pay $341.50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. VERIZON SWITCH BUILDING ADDITION PAGE 2 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 8. The applicant shall either place the existing overhead utility lines along SW Cascade Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $846.30 and it shall be paid prior to final building inspection. 9. Prior to final building inspection, the applicant shall pay the fee in-lieu of constructing an on-site water quality and water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The subject parcel was included in the Washington Square Regional Center area, and was rezoned from C-G (General Commercial) to its present MUC designation in 2002. The utility building was constructed in 1984 (SDR 24-84) following a partitioning of the property the same year (MLP5-84). There have been no substantial changes to the site since that approval, apart from interior building modifications and the installation of an underground storage tank. Vicinity Information: The site is zoned MUC (Mixed Use Commercial) along with abutting properties to the north, south, east, and west. The site is surrounded by a mix of commercial and light industrial uses. The majority of this existing development is non—conforming with respect to present Washington Square design standards. Site Information and Proposal Description: The site is currently developed with a small unstaffed utility building. The applicant requests to expand this building to accommodate extra capacity for its telecommunication system. The site has frontage onto SW Cascade, and as a condition of the previous partition approval, there is a reciprocal 24-foot-wide easement for access through the site, and through the parcels located to the north and north east. The easement provides a through route to the frontage road adjacent to Hwy 217. Due to several factors, i.e. the nature of the use and the size and configuration of the property, the applicant is requesting a number of adjustments and a variance. These are discussed in more detail later in this report. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to add 496 square feet to an existing 838 square foot single-story utility facility which houses telecommunications equipment. The facility is operated by Verizon Northwest, and is considered by the City to be a Basic Utility use. Basic Utilities are defined as Community infrastructure, including water and sewer systems, telephone exchanges, power substations and transit stations. Basic Utility uses are permitted conditionally within the MUC zoning district. The adjustments that have been requested are typically reviewed administratively. However, when different requests are reviewed concurrently, the highest review authority renders the decision on all matters in the application. In this case, the application is subject to a public hearing before the City of Tigard Hearings Officer. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. VERIZON SWITCH BUILDING ADDITION PAGE 3 OF 24 CUP2004-00004NAR2004-00056-00060, 00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The proposed Conditional Use permit is a Type III-HO decision. The proposed adjustments are subject to a Type II administrative decision, but will be heard by the Hearings Officer. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, the site is posted with a notice of the public hearing. Staff received one letter from the abutting northerly property owner's representative. This letter was primarily concerned with preservation of the access easement through the site particularly ensuring that no improvements are allowed to reduce its width. The letter also expressed concern with construction vehicles blocking egress during construction, and with these vehicles parking on the abutting property. This raises a fairly significant question, as the site is so constrained and parking is not permitted on SW Cascade Avenue; "where will contractors park, and where will materials be staged during the building's construction?" This is discussed in greater detail later in this report, under the criteria for conditional use. SECTION VI. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case, in the Chapter order in which they are addressed in this report are as follows: A. Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) B. A. •licable Develo•ment Code Standards :. I on•itiona Uses 18.360 Site Development Review) 18.370 Variances and Adjustments) 18.510 Residential Zoning) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste & Recyclable Storage) 18.765 Off-Street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 isual Clearance) C. Additional Site Development Review Approval Standards D. Street and Utility Improvement Standards (18.810) E. Impact Study (18.390) SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. VERIZON SWITCH BUILDING ADDITION PAGE 4 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 8,635 square feet in size. This report evaluates the proposal and necessary review criteria for the site. While the site is constrained by its size and configuration, the site is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no apparent natural features on this site. The site's size and shape make it suitable for little else than an unstaffed use. Accommodating parking for any other use type would present a significant challenge, and its lack of street exposure renders it undesirable for other commercial uses. There is a concern regarding the temporary impacts from staging materials and parking contractor trucks during the construction period. Staff acknowledges that this will be a temporary impact and doesn't render the site unsuitable for the long term use. Since there is an access easement benefiting the abutting parcels to the north, this area cannot be obstructed. To address this concern, staff recommends that the Hearings Officer impose a condition requiring a staging and parking plan for the site prior to issuing building permits. With this condition the site will be suitable not only for the long term establishment of the proposed use, but will be able to mitigate for the temporary impact from construction activity. All required public facilities have adequate capacity to serve the proposal; and The site is unstaffed and therefore does not require sewer or water. Storm drainage and streets are adequate to serve the site. This criterion is satisfied. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the MUC zone, the additional dimensional requirements for basic utility uses are specified in the Conditional Use Standards of Section 18.330.050.B.16 and the dimensions proposed for this development. STANDARD MUC CONDITIONAL USE PROPOSED REQUIREMENT Minimum Lot Size 3,050 sq.ft. 5,000 sq.ft 8,635 sq.ft Minimum Lot Width None SAME AS MUC —58 ft Setbacks Front yard 0 ft SAME AS MUC 112 ft. Cascade Ave. Side facing street on corner&through lots 0 ft SAME AS MUC n/a Side yard 0 ft SAME AS MUC 3.5 ft/30 ft yard 0 ft SAME AS MUC 3 ft Maximum Front Yard Setback 10 ft. SAME AS MUC 112 ft.* Minimum Height 2 stories SAME AS MUC 1 story* Maximum Height 200 ft. 75 ft. 12.5 ft Minimum Floor Area Ratio 1.25 SAME AS MUC 0.1524 Maximum Site Coverage 85% SAME AS MUC 84.2% Minimum Landscape Requirement 15% SAME AS MUC 15.8% *Adjustments required. The application fails to meet the dimensional requirements of the underlying zone for maximum front yard setback and minimum building height. These standards are new and unique to the Washington Square design area. The applicant has requested adjustments to these standards which are addressed later in this report. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 5 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.370, Variances and Adjustments; 18.390, Decision Making Procedures; 18.520, Residential Zoning Districts; 18.630, Washington Square Regional Center design standards; 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.780, Signs; 18.785, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Staff further believes that there are no policies of the comp plan that are not addressed by the development code for this particular request. FINDING: Based on the analysis above, and the conditions imposed on the development, the General Approval Criteria for a Conditional Use can be satisfied. CONDITION: Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Additional Conditions of Approval for Conditional Use. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Staff does not find any justification to impose conditions limiting the hours, days, and/or manner of operation. According to the applicant, the facility is unstaffed and operates automatically 24 hours a day. Only occasional visits from a service technician are anticipated. There is a generator proposed on the north side of the site, but it will only be tested occasionally, and used during power failures. Requiring design features, which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The hazards related to odor, dust, noise, glare, air pollution, and vibration can be mitigated through the design of the building. Those hazards that are inherent during construction will be held to the same standards as other construction within the City of Tigard as regulated by the Tigard Municipal Code (TMC). All of these items will be subject to code enforcement review if the applicant exceeds the allowed levels. Requiring additional setback areas, lot area, and/or lot depth or width; VERIZON SWITCH BUILDING ADDITION PAGE 6 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has requested an adjustment to the maximum front yard setback. However, in this case, the setback adjustment is to increase it from the 10-foot maximum requirement based on the lot configuration. That adjustment is discussed in detail later in this report. Staff finds no justification to require additional setbacks, lot area, lot depth, or width for this use. Limiting the building height, size or lot coverage, and/or location on the site; Based on the plans submitted, the applicant has designed and placed the building such that it meets the underlying zone requirements except for the front yard setback along the southern property line. Also, the applicant has requested an adjustment to reduce the height from its two story minimum requirement, to a single story structure. Adjustments to these standards are discussed in detail later in this report. Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to utilize the existing access points into the site. The access is discussed in more detail later in this report. Requiring street right-of-way to be dedicated and street(s) to be improved; Street dedications have been proposed and are addressed later in this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Landscaping, screening, drainage, and parking have been addressed individually and in more detail later in this report. Limiting the number, size, location, height and/or lighting of signs; There are no signs proposed at this time, and the applicant has indicated that any new signage will be applied for at a later date. Compliance with the sign requirements for the underlying zone will be considered once a sign permit application is submitted. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has proposed to relocate existing building lights and utilize motion detectors for security purposes. Since no personnel will be regularly at this site, this lighting appears to be adequate for this use. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Staff will address screening and landscaping later in this report, however, based on the relatively isolated location of the structure, screening and additional landscaping does not appear to be warranted. Requiring and designating the size, height, location and/or materials for fences; This criterion is addressed in more detail under landscaping and screening. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees greater than 12 inches in diameter on the site. The applicant has indicated that no trees will be removed to accommodate the proposed construction, but some smaller shrubs will be removed to provide area for the expanded structure. There are no watercourses, habitat areas, drainage areas, or vegetation other than domesticated landscaping that will be affected by this proposal. VERIZON SWITCH BUILDING ADDITION PAGE 7 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and This development is not adjacent to the 100-year floodplain; therefore, a condition is not necessary. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This development is not adjacent to the 100-year floodplain, therefore, a condition is not necessary. B. APPLICABLE DEVELOPMENT CODE STANDARDS Site Development Review — Chapter 18.360: The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. Variances and Adjustments — Chapter 18.370: The Washington Square Regional Center requires many design features to promote a pedestrian friendly, dense urban environment. The applicant is seeking variances for relief from several of the Washington Square Regional Center (WSRC) design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1.25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), and walkway from street to building entrance (no walkway is proposed). These variances are considered together in the following variance analysis: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The proposed variances on their face do appear to thwart the purpose of the Washington Square Regional Center Plan which generally requires a strong on-street presence, dense urban type development, and a mixture of uses in a project. However, there are a number of factors why the purpose of this title and other properties in the same zoning district and vicinity will not be detrimentally impacted. First, when the plan was developed, the standards did not anticipate the functional requirements of stand alone utility buildings and structures. For safety and security needs, this type of use should be separated from others. Second, the property in question is infeasible to develop consistently with the purpose of the WSRC plan. Third, the variances requested generally lessen the impact on other properties (i.e. increased setbacks, reduced building height, lower floor area ratio). Moreover, since the building is located behind and is subordinate to other development around the street fronting perimeter, the fact that this building does not meet the minimum building height or lack of street presence will have a negligible affect to other properties. Only the lack of a walkway impacts the other properties by depriving a pedestrian connection through the unstaffed site to the commercial properties to the north. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The lot in question is small, but is further hampered by its shape, and the presence of an access easement that occupies most of the property. The configuration of the lot with the long narrow flag pole out to the street creates additional constraints. With the easement occupying this entire flag pole, there is no ability to provide a pedestrian walkway and maintain the preexisting 2-way easement. Reducing the width of the easement is also not practical due to the use of the drive by oversized delivery trucks for the adjacent convenience store. Full compliance with the FAR standard would mean a 10,794 square foot building. VERIZON SWITCH BUILDING ADDITION PAGE 8 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER With the limited available building footprint, this would require an approximate 8 story tall building, which consequently would likely violate the specific height limits established by the conditional use provisions. The lot's constraints do not prevent the applicant from constructing a second floor, but do prevent bringing the building out to the street (10-foot maximum setback and 50% minimum building frontage), placing a walkway between the building entrance and the public street, and constructing a structure that complies with both FAR and height limitations. While the site itself does not prevent compliance with the building height, it is the nature of the proposed use that hampers compliance with this standard. A two story building is attainable, but would end up serving no purpose, since the applicant notes that the equipment needs to be located in a horizontal versus vertical configuration. As argued, this would result in the construction of a second floor that is not used. Staff believes that equipment could be situated in a vertical manner, but does not see the need to require this currently inconspicuous non-occupied building to be built to two stories, raising its profile above other one story buildings in the immediate area. c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use will be the same as otherwise permitted under the title. All other aspects of the proposal will meet city standards aside from those elements being requested for variances or adjustments. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and Existing physical and natural systems will not be impacted by the requested variances. Drainage will continue to be adequately handled by the public storm drain system, there is no net increase to the traffic being generated, and there are no dramatic land forms or parks on or near the site. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardships in this case are the lot configuration, presence of a 24-foot-wide access easement, and the nature of the proposed use. The lot configuration and access easements are physical constraints that bar the applicant from complying with the building placement standards, and are not self imposed. By placing the addition on the south of the existing building, the applicant will come closer to compliance to the extent possible. The nature of the proposed use dictates that the structure be a single level. With the presence of the driveway, and required landscaping, the building is as large as it can be in a single level configuration. This prevents meeting the 1.25 FAR. Staff acknowledges that the proposed use can be considered self-imposed, but also notes that the use is a preexisting one, and it is the need for expansion driven by expanding telecommunication needs that is driving the proposed development. To that extent, this hardship is not self imposed. Adjustments The applicant has additionally requested two adjustments; An adjustment to street tree standards to utilize exiting trees adjacent to the site, and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; VERIZON SWITCH BUILDING ADDITION PAGE 9 OF 24 CUP2004-00004NAR2004-00056-00060, 00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There is a number of existing telephone lines under the existing driveway that may be impacted by excavation for tree planting. (2) If the tree would cause visual clearance problems; or Not only would the tree(s) cause vision clearance problems, they would obstruct vehicles entering or exiting the site. (3) If there is not adequate space in which to plant street trees. There is 24.18 feet of frontage that is encumbered by a 24-foot-wide access driveway. The 0.17 foot area does not leave sufficient room to plant any trees. There are already trees planted on either side of the access driveway. Adjustments to access requirements. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; Access is presently shared with the abutting parcels to the north. This driveway is used by the convenience store for deliveries. If the egress on SW Cascade were closed, there is insufficient area to turn the delivery trucks around behind the store. So while it is possible to share access, closing existing access is not feasible. (2) There are no other alternative access points on the street in question or from another street; Alternate access is provided to the frontage road via the access easement, but as for conforming points of access for the subject parcel, no there are no alternatives based on the limited site frontage. (3) The access separation requirements cannot be met; As noted previously, with the limited available frontage, there is no alternative that would meet the access separation requirements. (4) The request is the minimum adjustment required to provide adequate access; The request is to maintain the existing access driveway, which is the minimum adjustment required. (5) The approved access or access approved with conditions will result in a safe access; and The existing access has operated in a safe manner to date. There appears to be no need to require additional restrictions on its use or design. (6) The visual clearance requirements of Chapter 18.795 will be met. Visual clearance is already met, and the applicant will be required to provide a sight distance certification following completion of construction. FINDING: Based on the analysis above, the criteria for the four variances and two adjustments have been satisfied. Commercial Zoning Districts — Chapter 18.520: The residential zoning district development standards are discussed previously in this report under the Conditional Use standards. It should be noted that Basic Utility uses are permitted conditionally in all residential zones. VERIZON SWITCH BUILDING ADDITION PAGE 10 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The following design standards apply to all development located within the Washington Square Regional Center within the MUC, MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. Pre-Existing Uses and Developments: Chapter 18.630.030 states that notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.C. The current proposed development includes an expansion to the existing building that exceeds 20%. The existing building is 838 square feet, and the addition is 496 square feet (59%). Therefore, this project is required to meet all the relevant standards of the Washington Square Regional Center Design Criteria. Section 18.630.040 requires a way for creating continuity and connectivity within the Washington Square Regional Center (WSRC). The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. The connectivity standards may be satisfied by either of two options: 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. VERIZON SWITCH BUILDING ADDITION PAGE 11 OF 24 CUP2004-00004/VAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The subject site is located on SW Cascade Avenue. SW Cascade is sandwiched between Hwy 217 and the railroad tracks. There are no opportunities for street connections from SW Greenburg Road to SW Scholls Ferry Road based on these constraints. The WSRC Implementation Plan calls for two additional highway crossings in this area, but there is no funding presently available to construct them. On a project specific basis, this project will result in no increase in trips. There are no opportunities to provide street connections through this site because 1) the site does not have adequate area to create a street, and 2) such a street would enter SW Cascade too close to the intersection with SW Greenburg Road. Therefore, while this standard is not met, it is infeasible to do so, and improportionate to require off-site improvements. Section 18.630.050 specifies the site design standards applicable to developments in the Washington Square Regional Center. Building lacement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. The proposed expansion is along a minor collector frontage. The site has 24.18 feet of frontage. However, as addressed previously in this report, the access easement occupies the entire 24-foot width. The 38-foot-wide building sits about 112 feet from the new property line along the street. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Building setback. The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. Table 18.520.2 specifies that the minimum setback is 0 feet and the maximum setback is 10 feet along the front yard. However, as addressed previously in this report, the building cannot be brought to the front of the lot due to the presence of a pre-existing access easement. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. The applicant notes that landscaping is provided in between the building and the street in the areas not occupied by the access driveway. Pedestrians may utilize this driveway for access, but are not encouraged to do so, since inadequate width is present to establish an on site walkway. Moreover, as the site is unstaffed, amenities of the types mentioned would likely go unused. VERIZON SWITCH BUILDING ADDITION PAGE 12 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. There is inadequate area to provide a conforming walkway, and moreover, there is little need for a walkway to this unstaffed building. As addressed previously in this report, the applicant has requested a variance to this standard. By granting this variance, this standard is met. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 landscape standard. There is no parking required for this use. A loading area will be located in front of the building but will be sufficiently behind the adjacent gas station building. This standard is met. Section 18.630.060 specifies the building design standards to control the vertical elements of new development within the Washington Square Regional Center. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. As the facility is unstaffed and requires additional security protection, there are no windows provided. However, this standard is still satisfied by the fact that it is located greater than 10 feet from the street, and thus the requirement does not apply. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other will areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. The building footprint is only 38 feet wide in one direction and 50 feet wide the other. This standard is satisfied. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. A small overhang is provided over the door to provide basic protection from the elements. VERIZON SWITCH BUILDING ADDITION PAGE 13 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The building will be faced with tongue and groove cedar siding in compliance with this standard. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The proposed building expansion will utilize a gabled roof system. No false roofs will be utilized. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant has indicated that mechanical equipment will be located to the side and rear of the building. No rooftop equipment is proposed nor will it be allowed. Section 18.630.070 specifies additional requirements as related to signs. In general for commercial developments in the MUC zone, the requirements for signs in commercial zones as described in 18.780 shall be used. Height limits for freestanding signs shall be 10 feet. Wall signs are not permitted to extend above the roofline of the wall on which the sign is located. No height increases will be permitted. The applicant is proposing no new signs. Any subsequent sign will require application through a separate permit process. Therefore, this standard has been satisfied. Section 18.630.090 describes the landscaping and screening requirements applicable within the Washington Square Regional Center. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 31/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall apply. In addition, trees shall be provided at a minimum 21/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The applicant is removing areas of existing landscaping but not below the minimum required. No additional trees are proposed, and the applicant has requested an adjustment to utilize existing street trees as previously discussed. If any new trees are planted, they will need to be a minimum of 21/2 inch caliper. FINDING: The Washington Square Regional Center Design Standards have been met. Access Egress and Circulation - Chapter 18.705: Public Street Access: All vehicular access and egress as required in Sections 18.705.030(H) and 18.705.030(1) shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis; VERIZON SWITCH BUILDING ADDITION PAGE 14 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The site fronts SW Cascade Avenue and obtains access directly from this public street. Additional access is obtained via a reciprocal easement through the northern parcels to the frontage road to the east. This criterion is satisfied. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety . Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; and The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 rovides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with less than 99 parking spaces is one 30-foot-wide access with a 24- foot pavement width. The site has access through the parking lot which connects to the frontage street at a 30-foot-wide access point. The 24-foot-wide easement extends through the site to SW Cascade. While there is not 30 feet of width for this access point, the paved width is 24 feet, and the site has an alternate conforming access. This standard is satisfied. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant has not addressed sight distance. The applicant's engineer shall provide sight distance certification prior to final building inspection. VERIZON SWITCH BUILDING ADDITION PAGE 15 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITION: Prior to the issuance of the site permit, the applicant's traffic engineer shall provide site distance certification for the driveways on SW Cascade Avenue. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The existing driveway does not meet this standard. The project has less than 150 feet of frontage and in fact has just 24.18 feet of frontage. The driveway cannot be moved any further from the intersection. The driveway is providing shared access for this parcel and the convenience store to the north. This criterion is therefore met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Cascade Avenue is classified as a Collector street. The existing driveway location does not meet the required 200-foot spacing. The applicant has applied for an adjustment to this standard. While the applicant points out that the convenience store shares the access located on Cascade Avenue they fail to point out that they also have reciprocal access across the convenience store property. This reciprocal access agreement provides an alternative access point for the Verizon property. The access required for truck movement for the store is a more compelling justification for leaving the existing driveway on Cascade Avenue. There does not appear to be any area on either site for trucks to turn around safely. Therefore, staff concurs with the request for an adjustment. Environmental Performance Standards — Chapter 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be redly detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. VERIZON SWITCH BUILDING ADDITION PAGE 16 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: Based on the information provided by the applicant, the expanded use of the property will conform to the above requirements. There is no history of non compliance, and staff has no indications that the above standards will not be satisfied. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, and possible fines until they were brought back into compliance. Landscaping and Screening Chapter 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has requested an adjustment to this standard as addressed previously in this decision. By granting the adjustment, this criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. It is the intent of these standards to provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution that a development site may impose on adjacent properties. The abutting uses are similar in their commercial nature. Since the equipment for this utility will be housed indoors, there is no need for additional screening or buffering. This criterion is satisfied. Mixed Solid Waste and Recyclables Storage — Chapter 18.755: Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant notes that the site generates no waste, as it is unstaffed. Staff concurs. This criterion is satisfied. Off-Street Parking and Loading (18.765): Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Oregon Uniform Building Code, only affected buildings are required to provide ADA spaces. Unstaffed buildings are excluded from affected buildings, and thus no ADA spaces are required. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. VERIZON SWITCH BUILDING ADDITION PAGE 17 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The TDC requires no bicycle parking for this use. This criterion is satisfied. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The TDC requires no vehicle parking for this use. This criterion is satisfied. Off-street loading requirements: Off-street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed facility is 1,334 square feet in size, and is not required to have a loading area, nevertheless in recognition of the occasional service technician visits, the applicant has shown a loading area for temporary loading/unloading of equipment. This standard is satisfied. Tree Removal — Chapter 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. There are no trees greater than 12 inches on this particular property, however, the adjoining property to the east has a row of evergreen hedge plants and the property to the north has a tree located near the property line that will need to be protected during the construction. FINDING: There are no trees on this particular site; however, there are landscape plants on the adjoining property to the east and a tree to the north within 12 feet of the building. In order to ensure the viability of the existing trees and those trees within the area of work, the following conditions shall apply. CONDITIONS: Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. Visual Clearance Areas — Chapter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. VERIZON SWITCH BUILDING ADDITION PAGE 18 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures or other changes inside of the vision clearance area, and the applicant has stated in the narrative, that no obstructions will be placed in the visual clearance areas. Moreover, engineering staff have required that a sight distance certification will be required as part of meeting the access standards. This standard is satisfied. C. ADDITIONAL SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain) and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this report and, therefore, will not be addressed in this section: 18.360.090.13 (Parking); 18.360.090.12 (Landscaping); 18.360.090.13 (Drainage); and 18.360.090.14 (Provision for the Disabled); 18.360.09 .15 (Provisions of the underlying zone). Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards: As discussed in this report, all applicable sections have been addressed and where the proposal is deficient, staff has recommended conditions to ensure compliance. Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. As discussed previously in this report, there are no trees on this site. The site has already been developed to the point that there are no extraordinary natural constraints that would dictate the placement of the proposed building. No buildings or structures are proposed that will hinder air circulation, or prevent fire-suppression. This criterion has been met. Buffering, screening, and compatibility between adjoining uses: Buffering shall be provided between different types of land uses and decreased noise levels, air pollution, visual barrier, on site screening of service areas, storage areas, parking lots, and mechanical devices on roof tops shall be considered in determining the intensity of the buffer or screen. Buffering and screening has been discussed previously in this report. This criterion is satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 19 OF 24 CUP2004-00004NAR2004-00056-00060.. 00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. The City of Tigard Police Department has reviewed this project and has not indicated concern or objection with the proposal. The applicant is proposing to use motion detector site lighting mounted on the building to discourage loitering. This criterion is satisfied. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The site is approximately 150 feet from a transit route, however, as the site is unstaffed, there is no nexus between the type of the proposal and the need for transit related improvements. This criterion is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS - CHAPTER 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a neighborhood route street to have a 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Cascade Avenue, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 37 feet from centerline. SW Cascade Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should enter into a Restrictive Covenant for future street improvements. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. VERIZON SWITCH BUILDING ADDITION PAGE 20 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There are existing sidewalks along the frontage of SW Cascade Avenue. This standard is met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. No connection is required. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage impacts. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Detention is required when the net, new impervious surface area exceeds 5,000 square feet. The improvements proposed will create approximately 375 square feet of net, new impervious area, therefore a fee in-lieu of detention will be allowed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Cascade Avenue is a designated bicycle facility. VERIZON SWITCH BUILDING ADDITION PAGE 21 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It is not practical for this project to provide striping, but it is appropriate to collect the cost of the striping. The amount of the striping would be as follows: • 25 feet of 8-inch white stripe, at $2.50/If $62.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows @ $100/ea $100.00 $341.50 Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in- lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Cascade Avenue. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage. The frontage along this site is 24.18 lineal feet; therefore the fee would be $846.30. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is not proposing any new water connections. VERIZON SWITCH BUILDING ADDITION PAGE 22 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant shall pay the fee in-lieu of constructing an on-site water quality facility. Grading and Erosion Control: CWS 6esign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: he City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). The site is already addressed, thus no fee will be required. E. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. ROUGH PROPORTIONALITY ANALYSIS Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development. Unstaffed utility buildings are not assessed a TIF. FINDING: The applicant is proposing to dedicate right-of-way and is required to bring the streets up to current standards. This is being accomplished by entering into a restrictive covenant to participate in a future road improvement project and by paying fees to underground utilities and to place a bike lane. No other exactions or off site improvements are required. Thus the impact mitigation is proportionate to the level of impact resulting from the proposal. VERIZON SWITCH BUILDING ADDITION PAGE 23 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review and the comments have been incorporated into this report. SECTION IX. AGENCY COMMENTS Portland General Electric, Tigard Tualatin Schools, NW Natural, Comcast, Verizon, TVF&R and Clean Water Services were given the opportunity to review this proposal and submitted no comments or objections. - October 21, 2004 PREPARED Y: organ Tracy DATE Associate Planner VERIZON SWITCH BUILDING ADDITION PAGE 24 OF 24 CUP2004-00004NAR2004-00056-00060.00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 40 IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. ,. L l CITY OF TIGARD Community q)everopment CITY OF TIGARD ShajnngA Better Community PUBLIC NEARING NOTICE I NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY OCTOBER 25, 2004 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2004-00004 DEVELOPMENT AD USTMENT AR 2004-00056 DEVELOPMENT AD USTMENT VAR 2004-00057 DEVELOPMENT AD USTMENT VAR 2004-00058 DEVELOPMENT AD USTMENT AR 2004-00059 DEVELOPMENT AD USTMENT AR 2004-00060 DEVELOPMENT AD USTMENT AR 2004-00068 FILE TITLE: VERIZON FACILITY ADDITION & REMODEL APPLICANT: Precision Construction Company OWNER: Verizon Northwest, Inc. Attn: Phillip Young 1800 41st Street (WA 101 LB) 8025 NE Killingsworth Street Everett, WA 98206 Portland, OR 97218 REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six (6)Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. LOCATION: 10000 SW Cascade Avenue; WCTM 1S135BC, Tax Lot 200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO morgan @ci.tigard.or.us. / VICINITY MAP 111 CUP2004-00004 J VAR2004-00056 li -^ \\\ VAR2004-00051 YAR2004-00058 VAR2004-00059 VAR2004-00060 VAR2004-00068 VERIRON FACILITY ADDITION & REMODEL I ---I= a iv III - ... , '' r ,..m.. A 1011:2_ III ...� Ci y Of TWA r ‘y /1 / .�.a , ,,,I.... 1 REQUEST FOR COMMENTS CleanWater Services our commitmcut is cicai. MEMORANDUM DATE: October 27, 2004 FROM: Jackie Sue Humphrey lean Water Services (the District) TO: Morgan Tracy, City of Tigard SUBJECT: Verizon Facility Addition and Remodel, CUP 2004-00004 GENERAL COMMENTS • The design submittal shall be in accordance with Clean Water Services (the District) Design and Construction Standards, Resolution and Order No. 04-09 (R&O 04-09) and the Erosion Prevention and Sediment Control Manual, December 2000 edition. 2550 SW Hillsboro Highway• Hillsboro,Oregon 97123 Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org COUNTYWIDE Date: t P-2-6 —0`f Plans Check No. TRAFFIC IMPACT FEE Project Title: WORKSHEET (FOR NON-SINGLE FAMILY USES) Applicant: dNT\ Par Dia cti------ Mailing Address Tax Tax Map No. Site Address: Land Use Category Rate Per Trip Payment Method ❑ RESIDENTIAL $269.00 ❑ CASH/CHECK ❑ BUSINESS/COMMERCIAL $ 68.00 ❑ CREDIT ❑ OFFICE $247.00 ❑ BANCROFT(PROMISSORY NOTE) INDUSTRIAL $259.00 ❑ DEFER TO OCCUPANCY ❑ INSTITUTIONAL $111.00 LAND USE CATEGORY DESCRIPTION OF USE WEEKDAY AVG TRIP RATE WEEKEND AVG TRIP RATE(institutional) I'lD 60J BASIS LAO a (--P-iy \ -//,( , CALCULATIONS it 4- cL-6 .0\46-rs- ce, "Ti V - - pi ADDITIONAL NOTES ` I I- TT c � I ��d� 'C��t.4 41,ec c U -k-tv2Al2,66,62_ (k. uccxkL [0c gacciaect, ufm girk vuLulte/1 ce-6 PROJECT TRIP G ERATION ROAD AMOUNT TRANSIT AMOUNT TOTAL FEE PREPARED BY 1 —(443 MEMORANDUM CITY OF TIGARD, OREGON DATE: 10/20/04 TO: Morgan Tracy, Associate Planner FROM: Kim McMillan, Development Review Engineer RE: Verizon Facility Addition CUP2004-00004 Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant has not addressed sight distance. The applicant's engineer shall provide sight distance certification prior to final building inspection. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The existing driveway does not meet this standard. The project has less than 150 feet of frontage and in fact has just 24.18 feet of frontage. The driveway cannot be moved any further from the intersection. The driveway is providing shared access for this parcel and the convenience store to the north. This criterion is therefore met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 1 Cascade Avenue is classified as a Collector street. The existing driveway location does not meet the required 200 foot spacing. The applicant has applied for an adjustment to this standard. While the applicant points out that the convenience store shares the access located on Cascade Avenue they fail to point out that they also have reciprocal access across the convenience store property. This reciprocal access agreement provides an alternative access point for the Verizon property. The access required for truck movement for the store is a more compelling justification for leaving the existing driveway on Cascade Avenue. There does not appear to be any area on either site for trucks to turn around safely. Therefore, staff concurs with the request for an adjustment. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to have a 74 foot right-of-way width and 46-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Cascade Avenue, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 37 feet from centerline. SW Cascade Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should enter into a Restrictive Covenant for future street improvements. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 2 Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The grades on Cascade Avenue currently comply with this standard Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 3 PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant is required to enter into a Restrictive Covenant for half-street improvements, which will include sidewalks, thereby meeting this criterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. No connection is required. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage impacts. Effect on Downstream Drainage: Section 18.810.100.0 states that where it is anticipated by the City Engineer that the additional runoff resulting from ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 4 the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Detention is required when the net, new impervious surface area exceeds 5000 square feet. The improvements proposed will create approximately 375 square feet of net, new impervious area, therefore a fee-in-lieu of detention will be allowed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Cascade Avenue is a designated bicycle facility. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It is not practical for this project to provide striping, but it is appropriate to collect the cost of the striping. The amount of the striping would be as follows: • 25 feet of 8-inch white stripe, at $2.50/If $62.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows © $100/ea $100.00 $341.50 ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 5 Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the frontage of SW Cascade Avenue. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 24.18 lineal feet; therefore the fee would be $ 846.30. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 6 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is not proposing any new water connections. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant shall pay the fee-in-lieu of constructing an on-site water quality facility. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 7 Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMIT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of a site permit, Additional right-of-way shall be dedicated to the Public along the frontage of Cascade Avenue to increase the right-of- way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to final building inspection, the applicant's engineer shall provide final sight distance certification. Prior to final building inspection, the applicant shall pay $341.50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. The applicant shall either place the existing overhead utility lines along SW Cascade Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 8 the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 846.30 and it shall be paid prior to final building inspection. Prior to final building inspection, the applicant shall pay the fee in-lieu of constructing an on-site water quality and water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. ENGINEERING COMMENTS CUP2004-00004 VERIZON FACILITY PAGE 9 REQUEST FOR COMMENTS C�„Al?TIGARD Community Development Shaping Better Community DATE: September 29,2004 TO: Brian Rager,Public Works Engineering Manager FROM: City of Tigard Planning Division STAFF CONTACT Morgan Tracy,Associate Planner Ix a Phone: (503)639-4111/Fax: (503)684-12 CONDITIONAL USE PERMIT[CUM 2004-00004/DEVELOPMENT ADJUSTMENTS(VARI 2004-00056,51,58,59,60 8 68 VERIZON FACILITY ADDITION & REMODEL' REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six (6) Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. LOCATION: 10000 SW Cascade Avenue; WCTM 1S135BC, Tax Lot 200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed- use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 13, 2004. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: L We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting: •1 n 241 REQUEST FOR COMMENTS CIT 414J1ARD Community Development ShapingA Better Community DATE: September 29,2004 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Morgan Tracy,Associate Planner(x2428) Phone: (5031639-4111/Fax: (5031684-1291 CONDITIONAL USE PERMIT[CUM 2004-00004/DEVELOPMENT ADJUSTMENTS[VARI 2004-00056,51,58,59,60&68 VERIZON FACILITY ADDITION & REMODEL REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six (6) Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access; and LOCATION: 10000 SW Cascade Avenue; WCTM 1 S135BC, Tax Lot 200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed- use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 13, 2004. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name & Number of Person(s) Commenting: DC`"1 .TY OF TIGARD REQUEST FO ;OMMENTS v NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: r7 L - (oO4 FILE NAME: / S Z-c 1 5L..j hLi CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ['Central E . st ['South ❑West aProposal Descrip.in Library CIT Book CITY OIIICES _LONG RANGE PLANNING/Barbara Shields,Planning Mgr. J6OMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. _POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official 'V NGINEERING DEPTJKim McMillan,Dvlprmt.Review Engineer_PUBLIC WORKS/Matt Stine,Urban Forester _ ITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Brian Rager,Engineering Manager PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.* rUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT+e 1/CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Melinda Wood(WLUN Form Required) _ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 Bob Knight,Data Resource Center(ZCA) _ _ US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Hams _ Mel Huie,Greensp3ces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY* _ Jennifer Budhabhatti,Regional PlannereNeuarus) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue - King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transportatit: Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC–Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(General Apps) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marab Danielson,Development Review Coordinator _Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) _Sr.Cartographer(cPAac.)Ms14 1900 SW 4t"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION _STATE HISTORIC Dave Austin(WCCCA)"911"Monopole Tra sl Jane Estes,Permit Specialist (Notify If ODOT FUR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive,Suite 350 Craig Reiley (Notify If Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13t"Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Randy Bice is..MW 194 A499 C.14.9 (If Project is Within Y.Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev(s..M.P fa A...ca,�1) Diana Carpenter prP.E.r 114/rt.tsew) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 tit INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:lpattyvnasters\Reguest For Comments Notification List.doc (UPDATED: 17-Jun-04) (Also update:"is(curpin)setupUabe)s\annexation_utilities and franchises.dac'when updating this document) MAILING / NOTIFICATION RECORDS ` A AFFIDAVIT OF MAILING CITY OF TIGARD Community(Development SliapingA Better Community I, Patricia G. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF FINAL ORDER FOR:.l CUP2004-00004/VAR2004-00056, 57, 58, 59, 60 & 68 — VERIION FACILITY ADDITION & REMODEL 0 AMENDED NOTICE (File No/Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ® Tigard Hearings Officer (10/25/2004) ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked ExhhIlIt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on November 10,2004, and deposited in the United States Mail on November 10,2004, postage prepaid. j3' hkel - (_ re4 (Person th. "prepared Noti e) STATE Ofd'O GON ) CCity of Tigard )ss. `C' Subscribed and sworn/affirmed before me on the / `r day of , 2004. OFFICIAL SEAL K SUE ROSS ., rOMMISS ON NO.375152 MY tCMISSION EXPIRES DEC.1,2007 ' i NOT' 'Y ' BLIC F OREGON My I ',Mission Expires: 1 a—67—a 0 O511 EXA IBIT, A J 120 DAYS = 12/21/2004 (Includes a 3-day extension) CITY OF TIGARO DATE OF FILING: 11/8/2004 Community Veve(opment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2004-00004 DEVELOPMENT ADJUSTMENT (VAR) 2004-00056 DEVELOPMENT ADJUSTMENT (VAR) 2004-00057 DEVELOPMENT ADJUSTMENT (VAR) 2004-00058 DEVELOPMENT ADJUSTMENT (VAR) 2004-00059 DEVELOPMENT ADJUSTMENT (VAR) 2004-00060 DEVELOPMENT ADJUSTMENT (VAR) 2004-00068 Case Name: VERIZON FACILITY ADDITION & REMODEL Name of Owner: Verizon Northwest, Inc. Name of Applicant: Precision Construction Company Address of Applicant: 8025 NE Killinqsworth Street Portland, OR 97218 Address of Property: 10000 SW Cascade Avenue Tigard, OR 97223 Tax Map/Lot Nos;: Washington Co. Tax Assessor's Map No. 1S135BC, Tax Lot 200 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND SIX (6) ADJUSTMENTS.. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON OCTOBER 25, 2004 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant requested Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant also requested approval of six (6) Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one- story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. At the close of the record, the Hearings Officer held the record open until October 28, 2004, then conditionally approved all applications subject to the conditions of approval within this final order. Zone: MUC: Mixed Use Commercial District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. Action: > ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record Within the Required Distance © Affected Government Agencies © Interested Parties © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON NOVEMBER 10, 2004 AND BECOMES EFFECTIVE ON NOVEMBER 30, 2004 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 29, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division at 503-639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding applications by Verizon Northwest, Inc. ) FINAL ORDER for a conditional use permit to add a 496-square ) CUP2004-00004 and foot addition to an existing equipment shelter at 10000) VAR2004-00056, et. seq.' SW Cascade Avenue in the City of Tigard, Oregon ) (Verizon Washington Square) A. FINDINGS AND CONCLUSIONS 1. Verizon Northwest, Inc.(the "applicant")requests approval of a conditional use permit to add 496 square feet to the existing 838-square foot telecommunications equipment building at 10000 SW Cascade Avenue; also known as tax lot 00200, WCTM 1 S 135BC (the "site"). The addition will accommodate additional telecommunications equipment. The applicant also proposes a new generator and above ground fuel tank and modifications to the existing parking and landscaping on the site. The applicant is also seeking variances and adjustments to the following Washington Square Regional Center design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1.25 (.1524 proposed), minimum 50%building frontage along the street(the 24-foot frontage will be entirely occupied by the preexisting driveway), walkway from street to building entrance(no walkway is proposed), adjustment to street tree standards (the applicant is proposing that existing street trees off site be used), and an adjustment to allow the continued use of an existing driveway that does not meet the current driveway spacing standards. The 0.20-acre site and abutting properties are zoned MUC (Mixed Use Commercial). Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated October 21, 2004 (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") held a duly noticed public hearing on October 25, 2004 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner Morgan Tracy summarized the proposed development, the applicable approval standards, the Staff Report and recommended conditions of approval. He noted that the owner of the adjacent property expressed concern that construction activities on the site may block the access easement located on the western portion of the site. He noted that recommended condition of approval 2 requires that the applicant submit a construction parking and staging plan demonstrating how construction will occur on the site without obstructing the easement. This application also includes Case Numbers VAR2004-00057,VAR2004-00058,VAR2004-00059,VAR2004- 00060 and VAR2004-00068. b. Steward Straus testified for the applicant. He asked City staff to clarify the timing of for execution of the restrictive covenant required by recommended condition of approval 5. He requested the hearings officer hold the record open to allow an opportunity to discuss the issue with City engineering staff. Otherwise he accepted the findings and conditions of approval in the Staff Report without objections. c. At the end of the hearing, the hearings officer held the record open for up to 30 calendar days to allow the applicant and staff an opportunity to discuss the timing of the conditions. The applicant submitted a fax on October 28, 2004 requesting that the hearings officer close the record without any changes to the conditions. Therefore the hearings officer closed the record at 9:00 a.m., October 28, 2004. 3. City staff recommended that the hearings officer approve the applications based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions without objections or corrections. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order. 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit, variances and adjustments do or can comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact..Therefore those applications should be approved subject to such conditions. B. ORDER In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP2004-00004, VAR2004-00056, VAR2004-00057, VAR2004-00058, VAR2004- 00059, VAR2004-00060 and VAR2004-00068 (Verizon Washington Square), subject to the conditions of approval in the City's Staff Report dated October 21, 2004. DATED this 8th day of November 2004. Z`■ xiJ•- urner, q, AICP V y of Tigard Land Use Hearings Officer CUP 2004-00004 and VAR 2004-00056,et.seq. Hearings Officer Final Order (Joe Turner) Page 2 Agenda Item: 2.1 Hearing Date: October 25 2004 STAFF REPORT TO THE Al, HEARINGS OFFICER TYOFTI CITY Of TIGARD Community(Development FOR THE CITY OF TIGARD, OREGON Shaping A Better Community 120 DAYS = 12/18/2004 SECTION I. APPLICATION SUMMARY FILE NAME: VERIZON SWITCH BUILDING ADDITION CASE NOS: Conditional Use Permit (CUP) CUP2004-00004 Variance VAR VAR2004-00056 Variance VAR VAR2004-00057 Variance VAR VAR2004-00058 Variance VAR VAR2004-00059 Adjustment (VAR) VAR2004-00060 Adjustment (VAR) VAR2004-00068 OWNER: Verizon Northwest, Inc. APPLICANT: Phillip Young, Precision Const. 1800 41St Street (WA101 LB) 8025 NE Killingsworth St. Everett, WA 98206 Portland, OR 97218 PROPOSAL: The applicant is seeking conditional use approval to add 496 square feet to an existing unstaffed equipment shelter building. The applicant is also seeking variances for relief from several Washington Square Regional Center design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1 .25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), walkway from street to building entrance no walkway is proposed), adjustment to street tree standards (the applicant is proposing that existing street trees off site be used), and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. LOCATION: 10000 SW Cascade Avenue (WCTM 1S135BC Tax Lot 00200). ZONE AND MUC: Mixed Use Commercial District. The MUC zoning district includes COMP PLAN land around the Washington Square Mall and land immediately west of DESIGNATION: Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 unites per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE Community Development Code Chapters: 18.330, 18.370, 18.390, REVIEW 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, CRITERIA: 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: VERIZON SWITCH BUILDING ADDITION PAGE 1 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 1 . Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 2. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. 3. Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 4. Prior to issuance of a site permit, Additional right-of-way shall be dedicated to the Public along the frontage of Cascade Avenue to increase the right-of-way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 6. Prior to final building inspection, the applicant's engineer shall provide final sight distance certification. 7. Prior to final building inspection, the applicant shall pay $341.50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. VERIZON SWITCH BUILDING ADDITION PAGE 2 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 8. The applicant shall either place the existing overhead utility lines along SW Cascade Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $846.30 and it shall be paid prior to final building inspection. 9. Prior to final building inspection, the applicant shall pay the fee in-lieu of constructing an on-site water quality and water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The subject parcel was included in the Washington Square Regional Center area, and was rezoned from C-G (General Commercial) to its present MUC designation in 2002. The utility building was constructed in 1984 (SDR 24-84) following a partitioning of the property the same year (MLP5-84). There have been no substantial changes to the site since that approval, apart from interior building modifications and the installation of an underground storage tank. Vicinity Information: The site is zoned MUC (Mixed Use Commercial) along with abutting properties to the north, south, east, and west. The site is surrounded by a mix of commercial and light industrial uses. The majority of this existing development is non—conforming with respect to present Washington Square design standards. Site Information and Proposal Description: The site is currently developed with a small unstaffed utility building. The applicant requests to expand this building to accommodate extra capacity for its telecommunication system. The site has frontage onto SW Cascade, and as a condition of the previous partition approval, there is a reciprocal 24-foot-wide easement for access through the site, and through the parcels located to the north and north east. The easement provides a through route to the frontage road adjacent to Hwy 217. Due to several factors, i.e. the nature of the use and the size and configuration of the property, the applicant is requesting a number of adjustments and a variance. These are discussed in more detail later in this report. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to add 496 square feet to an existing 838 square foot single-story utility facility which houses telecommunications equipment. The facility is operated by Verizon Northwest, and is considered by the City to be a Basic Utility use. Basic Utilities are defined as Community infrastructure, including water and sewer systems, telephone exchanges, power substations and transit stations. Basic Utility uses are permitted conditionally within the MUC zoning district. The adjustments that have been requested are typically reviewed administratively. However, when different requests are reviewed concurrently, the highest review authority renders the decision on all matters in the application. In this case, the application is subject to a public hearing before the City of Tigard Hearings Officer. Summary Land Use Permits: Chapter 18.310 Defines the decision-making type to which the land-use application is assigned. VERIZON SWITCH BUILDING ADDITION PAGE 3 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The proposed Conditional Use permit is a Type III-HO decision. The proposed adjustments are subject to a Type I I administrative decision, but will be heard by the Hearings Officer. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, the site is posted with a notice of the public hearing. Staff received one letter from the abutting northerly property owner's representative. This letter was primarily concerned with preservation of the access easement through the site particularly ensuring that no improvements are allowed to reduce its width. The letter also expressed concern with construction vehicles blocking egress during construction, and with these vehicles parking on the abutting property. This raises a fairly significant question, as the site is so constrained and parking is not permitted on SW Cascade Avenue; "where will contractors park, and where will materials be staged during the building's construction?" This is discussed in greater detail later in this report, under the criteria for conditional use. SECTION VI. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case, in the Chapter order in which they are addressed in this report are as follows: A. Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) B. • •Iicable Develo•ment Code Standards :. I on•itiona Uses 18.360 Site Development Review) 18.370 Variances and Adjustments) 18.510 Residential Zoning) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste & Recyclable Storage) 18.765 Off-Street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 Visual Clearance) C. Additional Site Development Review Approval Standards D. Street and Utility Improvement Standards (18.810) E. Impact Study (18.390) SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. VERIZON SWITCH BUILDING ADDITION PAGE 4 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 8,635 square feet in size. This report evaluates the proposal and necessary review criteria for the site. While the site is constrained by its size and configuration, the site is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no apparent natural features on this site. The site's size and shape make it suitable for little else than an unstaffed use. Accommodating parking for any other use type would present a significant challenge, and its lack of street exposure renders it undesirable for other commercial uses. There is a concern regarding the temporary impacts from staging materials and parking contractor trucks during the construction period. Staff acknowledges that this will be a temporary impact and doesn't render the site unsuitable for the long term use. Since there is an access easement benefiting the abutting parcels to the north, this area cannot be obstructed. To address this concern, staff recommends that the Hearings Officer impose a condition requiring a staging and parking plan for the site prior to issuing building permits. With this condition the site will be suitable not only for the long term establishment of the proposed use, but will be able to mitigate for the temporary impact from construction activity. All required public facilities have adequate capacity to serve the proposal; and The site is unstaffed and therefore does not require sewer or water. Storm drainage and streets are adequate to serve the site. This criterion is satisfied. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the MUC zone, the additional dimensional requirements for basic utility uses are specified in the Conditional Use Standards of Section 18.330.050.B.16 and the dimensions proposed for this development. STANDARD MUC CONDITIONAL USE PROPOSED REQUIREMENT Minimum Lot Size 3,050 sq.ft. 5,000 sq.ft 8,635 sq.ft Minimum Lot Width None SAME AS MUC -58 ft. Minimum Setbacks Front yard 0 ft SAME AS MUC 112 ft. Cascade Ave. Side facing street on corner&through lots 0 ft SAME AS MUC n/a Side yard 0 ft SAME AS MUC 3.5 fU30 ft. Rear yard 0 ft SAME AS MUC 3 ft Maximum Front Yard Setback 10 ft. SAME AS MUC 112 ft.* Minimum Height 2 stories SAME AS MUC 1 story* Maximum Height - 200 ft. 75 ft. 12.5 ft Minimum Floor Area Ratio 1.25 SAME AS MUC 0.1524 Maximum Site Coverage 85% SAME AS MUC 84.2% Minimum Landscape Requirement 15% _ SAME AS MUC _ 15.8% *Adjustments required. The application fails to meet the dimensional requirements of the underlying zone for maximum front yard setback and minimum building height. These standards are new and unique to the Washington Square design area. The applicant has requested adjustments to these standards which are addressed later in this report. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 5 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.370, Variances and Adjustments; 18.390, Decision Making Procedures; 18.520, Residential Zoning Districts; 18.630, Washington Square Regional Center design standards; 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760, Nonconforming Situations; 18.775, Sensitive Lands; 18.780, Signs; 18.785, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Staff further believes that there are no policies of the comp plan that are not addressed by the development code for this particular request. FINDING: Based on the analysis above, and the conditions imposed on the development, the General Approval Criteria for a Conditional Use can be satisfied. CONDITION: Prior to issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Additional Conditions of Approval for Conditional Use. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Staff does not find any justification to impose conditions limiting the hours, days, and/or manner of operation. According to the applicant, the facility is unstaffed and y operates automatically 24 hours a day. Only occasional visits from a service technician are anticipated. There is a generator proposed on the north side of the site, but it will only be tested occasionally, and used during power failures. Requiring design features, which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The hazards related to odor, dust, noise, glare, air pollution, and vibration can be mitigated through the design of the building. Those hazards that are inherent during construction will be held to the same standards as other construction within the City of Tigard as regulated by the Tigard Municipal Code (TMC). All of these items will be subject to code enforcement review if the applicant exceeds the allowed levels. Requiring additional setback areas, lot area, and/or lot depth or width; VERIZON SWITCH BUILDING ADDITION PAGE 6 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has requested an adjustment to the maximum front yard setback. However, in this case, the setback adjustment is to increase it from the 10-foot maximum requirement based on the lot configuration. That adjustment is discussed in detail later in this report. Staff finds no justification to require additional setbacks, lot area, lot depth, or width for this use. Limiting the building height, size or lot coverage, and/or location on the site; Based on the plans submitted, the applicant has designed and placed the building such that it meets the uncerlying zone requirements except for the front yard setback along the southern property line. Also, the applicant has requested an adjustment to reduce the height from its two story minimum requirement, to a single story structure. Adjustments to these standards are discussed in detail later in this report. Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to utilize the existing access points into the site. The access is discussed in more detail later in this report. Requiring street right-of-way to be dedicated and street(s) to be improved; Street dedications have been proposed and are addressed later in this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Landscaping, screening, drainage, and parking have been addressed individually and in more detail later in this report. Limiting the number, size, location, height and/or lighting of signs; There are no signs proposed at this time, and the applicant has indicated that any new signage will be applied for at a later date. Compliance with the sign requirements for the underlying zone will be considered once a sign permit application is submitted. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has proposed to relocate existing building lights and utilize motion detectors for security purposes. Since no personnel will be regularly at this site, this lighting appears to be adequate for this use. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Staff will address screening and landscaping later in this report, however, based on the relatively isolated location of the structure, screening and additional landscaping does not appear to be warranted. Requiring and designating the size, height, location and/or materials for fences; This criterion is addressed in more detail under landscaping and screening. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees greater than 12 inches in diameter on the site. The applicant has indicated that no trees will be removed to accommodate the proposed construction, but some smaller shrubs will be removed to provide area for the expanded structure. There are no watercourses, habitat areas, drainage areas, or vegetation other than domesticated landscaping that will be affected by this proposal. VERIZON SWITCH BUILDING ADDITION PAGE 7 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and This development is not adjacent to the 100-year floodplain; therefore, a condition is not necessary. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This development is not adjacent to the 100-year floodplain, therefore, a condition is not necessary. B. APPLICABLE DEVELOPMENT CODE STANDARDS Site Development Review — Chapter 18.360: The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. Variances and Adj1ustments — Chapter 18.370: The Washington Square Regional Center requires many design features to promote a pedestrian friendly, dense urban environment. The applicant is seeking variances for relief from several of the Washington Square Regional Center (WSRC) design requirements: two story minimum building height (single story proposed), minimum floor area ratio of 1.25 (.1524 proposed), minimum 50% building frontage along the street (the 24-foot frontage will be entirely occupied by the preexisting driveway), and walkway from street to building entrance (no walkway is proposed). These variances are considered together in the following variance analysis: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The proposed variances on their face do appear to thwart the purpose of the Washington Square Regional Center Plan which generally requires a strong on-street presence, dense urban type development, and a mixture of uses in a project. However, there are a number of factors why the purpose of this title and other properties in the same zoning district and vicinity will not be detrimentally impacted. First, when the plan was developed, he standards did not anticipate the functional requirements of stand alone utility buildings and structures. For safety and security needs, this type of use should be separated from others. Second, the property in question is infeasible to develop consistently with the purpose of the WSRC plan. Third, the variances requested generally lessen the impact on other properties (i.e. increased setbacks, reduced building height, lower floor area ratio). Moreover, since the building is located behind and is subordinate to other development around the street fronting perimeter, the fact that this building does not meet the minimum building height or lack of street presence will have a negligible affect to other properties. Only the lack of a walkway impacts the other properties by depriving a pedestrian connection through the unstaffed site to the commercial properties to the north. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The lot in question is small, but is further hampered by its shape, and the presence of an access easement that occupies most of the property. The configuration of the lot with the long narrow flag pole out to the street creates additional constraints. With the easement occupying this entire flag pole, there is no ability to provide a pedestrian walkway and maintain the preexisting 2-way easement. Reducing the width of the easement is also not practical due to the use of the drive by oversized delivery trucks for the adjacent convenience store. Full compliance with the FAR standard would mean a 10,794 square foot building. VERIZON SWITCH BUILDING ADDITION PAGE 8 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER With the limited available building footprint, this would require an approximate 8 story tall building, which consequently would likely violate the specific height limits established by the conditional use provisions. The lot's constraints do not prevent the applicant from constructing a second floor, but do prevent bringing the building out to the street (10-foot maximum setback and 50% minimum building frontage), placing a walkway between the building entrance and the public street, and constructing a structure that complies with both FAR and height limitations. While the site itself does not prevent compliance with the building height, it is the nature of the proposed use that hampers compliance with this standard. A two story building is attainable, but would end up serving no purpose, since the applicant notes that the equipment needs to be located in a horizontal versus vertical configuration. As argued, this would result in the construction of a second floor that is not used. Staff believes that equipment could be situated in a vertical manner, but does not see the need to require this currently inconspicuous non-occupied building to be built to two stories, raising its profile above other one story buildings in the immediate area. c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use will be the same as otherwise permitted under the title. All other aspects of the proposal will meet city standards aside from those elements being requested for variances or adjustments. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and Existing physical and natural systems will not be impacted by the requested variances. Drainage will continue to be adequately handled by the public storm drain system, there is no net increase to the traffic being generated, and there are no dramatic land forms or parks on or near the site. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardships in this case are the lot configuration, presence of a 24-foot-wide access easement, and the nature of the proposed use. The lot configuration and access easements are physical constraints that bar the applicant from complying with the building placement standards, and are not self imposed. By placing the addition on the south of the existing building, the applicant will come closer to compliance to the extent possible. The nature of the proposed use dictates that the structure be a single level. With the presence of the driveway, and required landscaping, the building is as large as it can be in a single level configuration. This prevents meeting the 1 .25 FAR. Staff acknowledges that the proposed use can be considered self-imposed, but also notes that the use is a preexisting one, and it is the need for expansion driven by expanding telecommunication needs that is driving the proposed development. To that extent, this hardship is not self imposed. Adjustments The applicant has additionally requested two adjustments; An adjustment to street tree standards to utilize exiting trees adjacent to the site, and an adjustment to allow the continued use of an existing driveway that doesn't meet the current driveway spacing standards. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; VERIZON SWITCH BUILDING ADDITION PAGE 9 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There is a number of existing telephone lines under the existing driveway that may be impacted by excavation for tree planting. (2) If the tree would cause visual clearance problems; or Not only would the tree(s) cause vision clearance problems, they would obstruct vehicles entering or exiting the site. (3) If there is not adequate space in which to plant street trees. There is 24.18 feet of frontage that is encumbered by a 24-foot-wide access driveway. The 0.17 foot area does not leave sufficient room to plant any trees. There are already trees planted on either side of the access driveway. Adjustments to access requirements. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; Access is presently shared with the abutting parcels to the north. This driveway is used by the convenience store for deliveries. If the egress on SW Cascade were closed, there is insufficient area to turn the delivery trucks around behind the store. So while it is possible to share access, closing existing access is not feasible. (2) There are no other alternative access points on the street in question or from another street; Alternate access is provided to the frontage road via the access easement, but as for conforming points of access for the subject parcel, no there are no alternatives based on the limited site frontage. (3) The access separation requirements cannot be met; As noted previously, with the limited available frontage, there is no alternative that would meet the access separation requirements. (4) The request is the minimum adjustment required to provide adequate access; The request is to maintain the existing access driveway, which is the minimum adjustment required. (5) The approved access or access approved with conditions will result in a safe access; and The existing access has operated in a safe manner to date. There appears to be no need to require additional restrictions on its use or design. (6) The visual clearance requirements of Chapter 18.795 will be met. Visual clearance is already met, and the applicant will be required to provide a sight distance certification following completion of construction. FINDING: Based on the analysis above, the criteria for the four variances and two adjustments have been satisfied. Commercial Zoning Districts — Chapter 18.520: The residential zoning district development standards are discussed previously in this report under the Conditional Use standards. It should be noted that Basic Utility uses are permitted conditionally in all residential zones. VERIZON SWITCH BUILDING ADDITION PAGE 10 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Washington Square Regional Center Design Standards (18.630) Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center. These design standards address several important guiding principals adopted for the Washington Square Regional Center, including creating a high-quality mixed use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high quality image for the area. All new developments, including remodeling and renovation projects resulting in new non single family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The following design standards apply to all development located within the Washington Square Regional Center within the MUC, MUE and MUR zones. If a standard found in this section conflicts with another standard in the Development Code, standards in this section shall govern. Pre-Existing Uses and Developments: Chapter 18.630.030 states that notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to twenty (20%) of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception shall be in conformance with the development standards of this code. Projects may use the site development review process (Chapter 18.360) to develop a site by phasing compliance with the development standards established in this chapter per Section 18.630.020.C. The current proposed development includes an expansion to the existing building that exceeds 20%. The existing building is 838 square feet, and the addition is 496 square feet (59%). Therefore, this project is required to meet all the relevant standards of the Washington Square Regional Center Design Criteria. Section 18.630.040 requires a way for creating continuity and connectivity within the Washington Square Regional Center (WSRC). The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. The connectivity standards may be satisfied by either of two options: 1. Design Option. a. Local street spacing shall provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more that 330 feet. VERIZON SWITCH BUILDING ADDITION PAGE 11 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 2. Performance Option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than one and one-half the straight-line distance. The subject site is located on SW Cascade Avenue. SW Cascade is sandwiched between Hwy 217 and the railroad tracks. There are no opportunities for street connections from SW Greenburg Road to SW Scholls Ferry Road based on these constraints. The WSRC Implementation Plan calls for two additional highway crossings in this area, but there is no funding presently available to construct them. On a project specific basis, this project will result in no increase in trips. There are no opportunities to provide street connections through this site because 1) the site does not have adequate area to create a street, and 2) such a street would enter SW Cascade too close to the intersection with SW Greenburg Road. Therefore, while this standard is not met, it is infeasible to do so, and improportionate to require off-site improvements. Section 18.630.050 specifies the site design standards applicable to developments in the Washington Square Regional Center. Building lacement on Major and Minor Arterials. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. The proposed expansion is along a minor collector frontage. The site has 24.18 feet of frontage. However, as addressed previously in this report, the access easement occupies the entire 24-foot width. The 38-foot-wide building sits about 112 feet from the new property line along the street. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Building setback. The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. Table 18.520.2 specifies that the minimum setback is 0 feet and the maximum setback is 10 feet along the front yard. However, as addressed previously in this report, the building cannot be brought to the front of the lot due to the presence of a pre-existing access easement. The applicant has requested a variance to this standard. By granting this variance, this standard is met. Front yard setback design. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. The applicant notes that landscaping is provided in between the building and the street in the areas not occupied by the access driveway. Pedestrians may utilize this driveway for access, but are not encouraged to do so, since inadequate width is present to establish an on site walkway. Moreover, as the site is unstaffed, amenities of the types mentioned would likely go unused. VERIZON SWITCH BUILDING ADDITION PAGE 12 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Walkway connection to building entrances. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2. There is inadequate area to provide a conforming walkway, and moreover, there is little need for a walkway to this unstaffed building. As addressed previously in this report, the applicant has requested a variance to this standard. By granting this variance, this standard is met. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to a L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 landscape standard. There is no parking required for this use. A loading area will be located in front of the building but will be sufficiently behind the adjacent gas station building. This standard is met. Section 18.630.060 specifies the building design standards to control the vertical elements of new development within the Washington Square Regional Center. Ground floor windows. All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. As the facility is unstaffed and requires additional security protection, there are no windows provided. However, this standard is still satisfied by the fact that it is located greater than 10 feet from the street, and thus the requirement does not apply. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; (3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. The building footprint is only 38 feet wide in one direction and 50 feet wide the other. This standard is satisfied. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. A small overhang is provided over the door to provide basic protection from the elements. VERIZON SWITCH BUILDING ADDITION PAGE 13 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The building will be faced with tongue and groove cedar siding in compliance with this standard. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The proposed building expansion will utilize a gabled roof system. No false roofs will be utilized. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. The applicant has indicated that mechanical equipment will be located to the side and rear of the building. No rooftop equipment is proposed nor will it be allowed. Section 18.630.070 specifies additional requirements as related to signs. In general for commercial developments in the MUC zone, the requirements for signs in commercial zones as described in 18.780 shall be used. Height limits for freestanding signs shall be 10 feet. Wall signs are not permitted to extend above the roofline of the wall on which the sign is located. No height increases will be permitted. The applicant is proposing no new signs. Any subsequent sign will require application through a separate permit process. Therefore, this standard has been satisfied. Section 18.630.090 describes the landscaping and screening requirements applicable within the Washington Square Regional Center. For general landscaping of landscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L-1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of 5 feet between the parking lot and a street, trees shall be planted at 31/2 inch caliper, at a maximum of 28 feet on center. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. For general landscaping of landscaped and screened areas within parking lots, and along local collectors and local streets, planting standards of Chapter 18.745, Landscaping and Screening, shall 7j apply. In addition, trees shall be provided at a minimum 21/2 inch caliper, at a maximum spacing of 28 feet. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The applicant is removing areas of existing landscaping but not below the minimum required. No acditional trees are proposed, and the applicant has requested an adjustment to utilize existing street trees as previously discussed. If any new trees are planted, they will need to be a minimum of 21/2 inch caliper. FINDING: The Washington Square Regional Center Design Standards have been met. Access Egress and Circulation - Chapter 18.705: Public Street Access: All vehicular access and egress as required in Sections 18.705.030(H) and 18.705.030(1) shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis; VERIZON SWITCH BUILDING ADDITION PAGE 14 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The site fronts SW Cascade Avenue and obtains access directly from this public street. Additional access is obtained via a reciprocal easement through the northern parcels to the frontage road to the east. This criterion is satisfied. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety . Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; and The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant has requested a variance to this requirement to forego a walkway connection as the site is unstaffed. This was discussed previously in this decision. This criterion is satisfied. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 rovides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with less than 99 parking spaces is one 30-foot-wide access with a 24- foot pavement width. The site has access through the parking lot which connects to the frontage street at a 30-foot-wide access point. The 24-foot-wide easement extends through the site to SW Cascade. While there is not 30 feet of width for this access point, the paved width is 24 feet, and the site has an alternate conforming access. This standard is satisfied. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant has not addressed sight distance. The applicant's engineer shall provide sight distance certification prior to final building inspection. VERIZON SWITCH BUILDING ADDITION PAGE 15 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITION:Prior to the issuance of the site permit, the applicant's traffic engineer shall provide site distance certification for the driveways on SW Cascade Avenue. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The existing driveway does not meet this standard. The project has less than 150 feet of frontage and in fact has just 24.18 feet of frontage. The driveway cannot be moved any further from the intersection. The driveway is providing shared access for this parcel and the convenience store to the north. This criterion is therefore met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Cascade Avenue is classified as a Collector street. The existing driveway location does not meet the required 200-foot spacing. The applicant has applied for an adjustment to this standard. While the applicant points out that the convenience store shares the access located on Cascade Avenue they fail to point out that they also have reciprocal access across the convenience store property. This reciprocal access agreement provides an alternative access point for the Verizon property. The access required for truck movement for the store is a more compelling justification for leaving the existing driveway on Cascade Avenue. There does not appear to be any area on either site for trucks to turn around safely. Therefore, staff concurs with the request for an adjustment. Environmental Performance Standards — Chapter 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. VERIZON SWITCH BUILDING ADDITION PAGE 16 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: Based on the information provided by the applicant, the expanded use of the property will conform to the above requirements. There is no history of non compliance, and staff has no indications that the above standards will not be satisfied. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, and possible fines until they were brought back into compliance. Landscaping and Screening— Chapter 18.745: Street trees: Section 18145.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has requested an adjustment to this standard as addressed previously in this decision. By granting the adjustment, this criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. It is the intent of these standards to provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution that a development site may impose on adjacent properties. The abutting uses are similar in their commercial nature. Since the equipment for this utility will be housed indoors, there is no need for additional screening or buffering. This criterion is satisfied. Mixed Solid Waste and Recyclables Storage — Chapter 18.755: Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant notes that the site generates no waste, as it is unstaffed. Staff concurs. This criterion is satisfied. Off-Street Parking and Loading (18.765): Disabled-Accessible Parking: All arkin areas shall be provided with the required number of parking spaces for disabled p g persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Oregon Uniform Building Code, only affected buildings are required to provide ADA spaces. Unstaffed buildings are excluded from affected buildings, and thus no ADA spaces are required. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. VERIZON SWITCH BUILDING ADDITION PAGE 17 OF 24 CUP2004-00004/VAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The TDC requires no bicycle parking for this use. This criterion is satisfied. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The TDC requires no vehicle parking for this use. This criterion is satisfied. Off-street loading requirements: Off-street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed facility is 1,334 square feet in size, and is not required to have a loading area, nevertheless in recognition of the occasional service technician visits, the applicant has shown a loading area for temporary loading/unloading of equipment. This standard is satisfied. Tree Removal — Chapter 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. There are no trees greater than 12 inches on this particular property, however, the adjoining property to the east-has a row of evergreen hedge plants and the property to the north has a tree located near the property line that will need to be protected during the construction. FINDING: There are no trees on this particular site; however, there are landscape plants on the adjoining property to the east and a tree to the north within 12 feet of the building. In order to ensure the viability of the existing trees and those trees within the area of work, the following conditions shall apply. CONDITIONS: Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. Visual Clearance Areas — Chapter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. VERIZON SWITCH BUILDING ADDITION PAGE 18 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures or other changes inside of the vision clearance area, and the applicant has stated in the narrative, that no obstructions will be placed in the visual clearance areas. Moreover, engineering staff have required that a sight distance certification will be required as part of meeting the access standards. This standard is satisfied. C. ADDITIONAL SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi-family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi-family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi-family Use); 18.360.090.8 (100-year floodplain) and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this report and, therefore, will not be addressed in this section: 18.360.090.13 (Parking); 18.360.090.12 (Landscaping); 18.360.090.13 (Drainage); and 18.360.090.14 (Provision for the Disabled); 18.360.090.15 (Provisions of the underlying zone). Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards: As discussed in this report, all applicable sections have been addressed and where the proposal is deficient, staff has recommended conditions to ensure compliance. Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. As discussed previously in this report, there are no trees on this site. The site has already been developed to the point that there are no extraordinary natural constraints that would dictate the placement of the proposed building. No buildings or structures are proposed that will hinder air circulation, or prevent fire-suppression. This criterion has been met. Buffering, screening, and compatibility between adjoining uses: Buffering shall be provided between different types of land uses and decreased noise levels, air pollution, visual barrier, on site screening of service areas, storage areas, parking lots, and mechanical devices on roof tops shall be considered in determining the intensity of the buffer or screen. Buffering and screening has been discussed previously in this report. This criterion is satisfied. VERIZON SWITCH BUILDING ADDITION PAGE 19 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. The City of Tigard Police Department has reviewed this project and has not indicated concern or objection with the proposal. The applicant is proposing to use motion detector site lighting mounted on the building to discourage loitering. This criterion is satisfied. Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The site is approximately 150 feet from a transit route, however, as the site is unstaffed, there is no nexus between the type of the proposal and the need for transit related improvements. This criterion is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS - CHAPTER 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion rtion of an existing street shall be dedicated and improved in accordance with the Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a neighborhood route street to have a 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Cascade Avenue, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide 37 feet from centerline. SW Cascade Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should enter into a Restrictive Covenant for future street improvements. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. VERIZON SWITCH BUILDING ADDITION PAGE 20 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There are existing sidewalks along the frontage of SW Cascade Avenue. This standard is met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. No connection is required. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage impacts. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Detention is required when the net, new impervious surface area exceeds 5,000 square feet. The improvements proposed will create approximately 375 square feet of net, new impervious area, therefore a fee in-lieu of detention will be allowed. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall Include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Cascade Avenue is a designated bicycle facility. VERIZON SWITCH BUILDING ADDITION PAGE 21 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Cost of Construction: Section 18.810.110.8 states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It is not practical for this project to provide striping, but it is appropriate to collect the cost of the striping. The amount of the striping would be as follows: • 25 feet of 8-inch white stripe, at $2.50/If $62.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows @ $100/ea $100.00 $341.50 Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in- lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Cascade Avenue. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage. The frontage along this site is 24.18 lineal feet; therefore the fee would be $846.30. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is not proposing any new water connections. VERIZON SWITCH BUILDING ADDITION PAGE 22 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant shall pay the fee in-lieu of constructing an on-site water quality facility. Grading and Erosion Control: CWS 6esign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, rading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: I he applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval of the final plat. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). The site is already addressed, thus no fee will be required. E. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. ROUGH PROPORTIONALITY ANALYSIS Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan/Resolution 95-61 , TIF's are expected to recapture 32 percent of the traffic impact of new development. Unstaffed utility buildings are not assessed a TIF. FINDING: The applicant is proposing to dedicate right-of-way and is required to bring the streets up to current standards. This is being accomplished by entering into a restrictive covenant to participate in a future road improvement project and by paying fees to underground utilities and to place a bike lane. No other exactions or off site improvements are required. Thus the impact mitigation is proportionate to the level of impact resulting from the proposal. VERIZON SWITCH BUILDING ADDITION PAGE 23 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review and the comments have been incorporated into this report. SECTION IX. AGENCY COMMENTS Portland General Electric, Tigard Tualatin Schools, NW Natural, Comcast, Verizon, TVF&R and Clean Water Services were given the opportunity to review this proposal and submitted no comments or objections. October 21, 2004 P PARED BY: Morgan acy DATE Associate Planner VERIZON SWITCH BUILDING ADDITION PAGE 24 OF 24 CUP2004-00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER D CITY of TIGARD c�Y \ GEOGRAPHIC INFORMATION SYSTEM V m VICINITY MAP , \cil_ CUP2004-00004 VAR2004-00056 \ NN\ - VAR2004-00051 -- VAR2004-00058 VAR2004-00059 VAR2004-00060 VAR2004-00068 - VERIJON FACILITY \ ; SITE ADDITION & REMODEL- ^� L.----- '''.-"D----/' e_ -/ ;.._ AM I f x 4', �J 3 _� ? m /j_ 01 - 1-__n � Tigard Area Map V IN I, 000/ °o!� °o°o°oa O°O'-� O O p 0 0 too 200.E_- Feet 000' o000 000L� o000 — y 000,-0 o p 0' �� Pe 310 feet .,- 7 —[\ i±, 0o Y City of Tigard . • o oo ..9— S Information on This map is for general location only and A should be verified with the Development Services Division 13125 SW Hall Blvd ORTH DAKOT ST - _ NOR I H / \ — Tigard,OR 97223 ' •-=----1 --- — -._ ` / _._. ■ - -- -- - (503)6314171 , hlip:n503)d.-4 71a.us Community Development Plot date:Sep 29,2004;C:lmagic\MAGIC03APR I • I I EXIST 7-1 1 STORE Illr TRASH I.•. NEWWAA Gd Mt NW 6'NGN TC MWlCrUP- ./ Ill = NOV MOH'OVUM M1H TAW r_: �.- ,'".::•';', EKS.DOW6EpJT 4 I .° ] - R9AR�GtlST IDQ s Atip • �. V --//' .A MST DOWNSPOUT Z B IV TIM Ca«ICw1G LW�s 1 I ----,„, 0. .I 'N''''''',..A. '\ 1'1 lir I � / v NEW OOMNSRVT . I CD ./f uy rri� (.9 I //// /�: -:-:- I- I (((((((( : 'I WOW-IPM , I . 111111 ::./' 111111 I 111111 SITE AREA 8754 SF fXL5r DRIVB,i4f1 111 LANDSCAPE AREA 13705E 15.65% (-375 1.,,,,,, I111111 I BUILDING AREA 1334 SF 15.24% (+49. ' 111111 PAVED AREA 6050 5F 69.I I% (-121 111111 I 111111 111111 i 111111 I fXn5rG MAV1AG510125 TOO.r TO CATCH HU'N.S IN NIXIC tO-W I 1111111 I I 1111111 1 1111111 ' I 1111111 I 11 111 EAt5TG Tt12TM?Vf TED005/ROM AHT NEW RIGHT-OF-WAY UNE AFTER DEDICATION -- 5W CASUI+AKNIA-()A Dom 1W - i ALL PUBLIC IMPROVEMENTS DEFERRED TO FUTURE t T I M E-A P P L I C A N T A G R E E S T O E N T E R I N T O AN ---` N I I I I I anre POWER Par WTI TRA•OPOR fR AGREEMENT FOR FUTURE STREET IMPROVEMENTS I 'u+vereDr FROM RUN 001'1' (RESTRICTIVE COVENANT) mc+uMxRGROUND TO NEW MCIER ON DWG • 11111111 SW CASCADE AVENUE , i1vr OF TIGARD CUP2004-00004/VAR2004-00056, 57, 58, 59, 60 & 68 s®-TE PIL.AN (Map is not to scale) VERIZON FACILITY ADDITION & REMODEL • Precision Construction Company EXHIBIT .8 Attn: Phillip Young CUP2004-00004 8025 NE Killingsworth Street VERIZON FACILITY ADDITION & REMODEL Portland, OR 97218 Verizon Northwest, Inc. 1800 41st Street PO Box 1003 (WA0101 LB) Everett, WA 98206 Verizon Northwest, Inc. PO Box 152206 Irving, TX 75015 Roger M. Belanich Business Property Development Attn: Pamala K. Gasaway, Property Manager 22020 -17th Avenue S.E., Suite 200 Bothell, WA 98021 410 + AFFIDAVIT OF MAILING CITY OFTIOARD Community(Development Shaping(Better Community I, Patricia G. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) 1® NOTICE OF PUBLIC HEARING FOR: . CUP2004-00004/VAR2004-00056, 57, 58, 59, 60 & 68 — VERIION FACILITY ADDITION & REMODEL (File No./Name Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Z Tigard Hearings Officer (10/25/2004) Tigard Planning Commission Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on October 4,2004, and deposited in the United States Mail on October 4,2004, postage prepaid. f ' / j/erUe//. .NK (Pers..' -. Pr=.a lotice) I 37,AelE OE GoN ) County of�Washington )ss. City of�Frgard ) -rye Subscribed and sworn/affirmed before me on the ( I day of CAljaej , 2004. OFFICIAL SEAL bcoMM0°7 SUE ROSS is- , jx/r) HOT ' 'OBLIC OF OREGON I J l�G My I ission Expires: EXHIBIT, A NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, A,. IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. -i``,∎. CITY OF TIGARD Community'DeveCopment CITY OF TIGARD S6apingA Better Community PUBLIC HEARING NOTICE I NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY OCTOBER 25, 2004 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2004-00004 DEVELOPMENT AD USTMENT VAR 2004-00056 DEVELOPMENT AD USTMENT VAR 2004-00057 DEVELOPMENT AD USTMENT VAR 2004-00058 DEVELOPMENT AD USTMENT VAR 2004-00059 DEVELOPMENT AD USTMENT VAR 2004-00060 DEVELOPMENT AD USTMENT VAR 2004-00068 FILE TITLE: VERIZON FACILITY ADDITION & REMODEL APPLICANT: Precision Construction Company OWNER: Verizon Northwest, Inc. Attn: Phillip Young 1800 41st Street (WA 101 LB) 8025 NE Killingsworth Street Everett, WA 98206 Portland, OR 97218 REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six (6)Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. LOCATION: 10000 SW Cascade Avenue; WCTM 1S135BC, Tax Lot 200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO morgan @ci.tigard.or.us. VICINITY MAP CUP2004-00004 VAR2004-00056 _ VAR2004-00058 YAR2004-00058 VAR2004-00059 VAR2004-00060 VAR2004-00068 VERIZON FACILITY ---_� � � ADDITION & REMODEL 1r ; / � g 1. p mew I �� — - - •r • •■111•11■Im. -----s"____" 1S135BA-03300 1S135BB-00600 EXHIBIT �[7 ACKERLY COMMUNICATIONS OF KP VENTURES LLC THE NORTHWEST INC 2519 NW MARSDEN PL 3601 6TH AVE S PORTLAND, OR 97229 SEATTLE,WA 98134 1S135BC-00700 1S135BB-00700 AMB PROPERTY L P LANPHERE PROPERTIES V LLC BY GEORGE MCELROY&ASSOC 12505 SW BROADWAY 3131 S VAUGHN WAY STE 301 BEAVERTON, OR 97005 AURORA,CO 80014 1S135BD-01400 1S135BB-00800 BAGAN JOHN P JR LANPHERE PROPERTIES V LLC 10910 SW GREENBURG RD 12505 SW BROADWAY TIGARD, OR 97223 BEAVERTON,OR 97005 1S135BC-00202 1S135BC-01201 BELANICH ROGER M MBM HOLDING COMPANY LLC 22020 17TH AVE SE#200 659 NW PACIFIC GROVE DR BOTHELL,WA 98021 BEAVERTON, OR 97006 1S135BC-00201 181358C-00900 BELANICH ROGER M PAULSON LIMITED LIABILITY CO BY SOUTHLAND CORP BY RICHARD G PAULSON SR PO BOX 711 1511 NE 150TH AVE DALLAS,TX 75221 PORTLAND, OR 97230 1S135BD-01200 1S135BC-00100 BURDICK-FORBES INVESTMENTS LLC PHILLIPS PETROLEUM COMPANY BY DONALD C BURDICK BY CONOCOPHILLIPS 434 RIDGEWAY RD ATTN: MARKETING LAKE OSWEGO, OR 97034 PO BOX 1539 PASO ROBLES,CA 93447 1S1358D-00900 1S1358D-01300 DORR GEORGE/ANNA MARIE TRUSTEES SCHAEFER ROBERT M&SALLY J& DORR JOHN D& MILLER GERALD V DORR PATRICK M BY SHILO INN-WASHINGTON SQUARE 9925 SW 77TH 11600 SW SHILO LN PORTLAND, OR 97223 PORTLAND,OR 97225 1S135BC-00500 1S1359D-01100 E E W ENTERPRISES LLC SHADY LANE COMMERCIAL BUILDING BY DESTINATION HARLEY DAVIDSON LIMITED PARTNERSHIP 10770 SW CASCADE AVE 7720 SW WESTGATE TIGARD,OR 97223 PORTLAND, OR 97225 1S135BD-00200 1S135BD-00300 HUGGINS DONALD L& MARLENE R SHADY LANE PROPERTIES LLC 9785 SW SHADY LN ATTN: BENJAMIN SCHWARTZ MD TIGARD, OR 97223 9735 SW SHADY LANE#100 TIGARD,OR 97223 1S135BC-01000 1S135BC-01001 KADEL RICHARD A TIGARD CITY OF 9350 SW TIGARD ST 13125 SW HALL TIGARD, OR 97223 TIGARD,OR 97223 • TS135gp_plppp 13125 GA 30 C1 CARD, OR 97223 51358C_003 p p U PO BOX 147 N/TEp sT PORTLAND, O R Es BAKERY 97214 15135 VF BC-pp2pp RIZON lPoBOX 152206 THwEST/NC 5p15 Precision Construction Company Attn: Phillip Young CUP2004-00004 8025 NE Killingsworth Street VERIZON FACILITY ADDITION & REMODEL Portland, OR 97218 Verizon Northwest, Inc. 1800 41St Street PO Box 1003 (WA0101 LB) Everett, WA 98206 Verizon Northwest, Inc. PO Box 152206 Irving, TX 75015 Roger M. Belanich Business Property Development Attn: Pamala K. Gasaway, Property Manager 22020 -17th Avenue S.E., Suite 200 Bothell, WA 98021 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 23-Feb-04 /D CITY of TIGARD ID i GEOGRAPHIC INFORMATION SYSTEM n AREA NOTIFIED rn (500') � I FOR: CUP2004-00004 \ RE: Updated Mailing Lis p g t WISS 000700 15175100010 Property owner information 1 is valid for 3 months from the date printed on this map. tnsIeum ; 1317NCMIN tt17MNem vo. ON _ SHADY N - ti _ 1211:. \`ligipflHl 151251111111101 rA <i*tlNM11N 1/ - - - --- 4, N rA4 1SIas0051005 liggplIN 0 1317118001 0 100 200 300 400 Feet �� 1'+209 feet R EE °ERE ao00 _ City of Tigard o. r BP Information on this map is for general location only and - should be verified with the Development Services Division. _ lib I 13125 SW Hall Blvd it, 1 _ _ Tigard,OR 97223 — — -} - rr _ -- --, (503)639-4171 1 p http://www.cifgard a.us Community Development Plot date:Sep 28,2004;C:\magic\MAGIC03.APR 1S?35BA-03300 1S135BB-00600 ACKERLY COMMUNICATIONS OF KP VENTURES LLC THE NORTHWEST INC 2519 NW MARSDEN PL 3601 6TH AVE S PORTLAND, OR 97229 SEATTLE,WA 98134 1S135BC-00700 1S135BB-00700 AMB PROPERTY L P LANPHERE PROPERTIES V LLC BY GEORGE MCELROY&ASSOC 12505 SW BROADWAY 3131 S VAUGHN WAY STE 301 BEAVERTON, OR 97005 AURORA, CO 80014 1S135BD-01400 135BB-00800 BAGAN JOHN P JR LA PHER OPERTIES V LLC 10910 SW GREENBURG RD 1250 BROADWAY TIGARD, OR 97223 VE N, OR 97005 1S135BC-00202 1S135BC-01201 BELANICH ROGER M MBM HOLDING COMPANY LLC 22020 17TH AVE SE#200 659 NW PACIFIC GROVE DR BOTHELL,WA 98021 BEAVERTON,OR 97006 1S135BC-00201 1S135BC-00900 BELANICH ROGER M PAULSON LIMITED LIABILITY CO BY SOUTHLAND CORP BY RICHARD G PAULSON SR PO BOX 711 1511 NE 150TH AVE DALLAS,TX 75221 PORTLAND, OR 97230 1S135BD-01200 1S135BC-00100 BURDICK-FORBES INVESTMENTS LLC PHILLIPS PETROLEUM COMPANY BY DONALD C BURDICK BY CONOCOPHILLIPS 434 RIDGEWAY RD ATTN: MARKETING LAKE OSWEGO, OR 97034 PO BOX 1539 PASO ROBLES, CA 93447 1S135BD-00900 1S135BD-01300 DORR GEORGE/ANNA MARIE TRUSTEES SCHAEFER ROBERT M&SALLY J& DORR JOHN D& MILLER GERALD V DORR PATRICK M BY SHILO INN-WASHINGTON SQUARE 9925 SW 77TH 11600 SW SHILO LN PORTLAND, OR 97223 PORTLAND, OR 97225 1S135BC-00500 15135BD-01100 E E W ENTERPRISES LLC SHADY LANE COMMERCIAL BUILDING BY DESTINATION HARLEY DAVIDSON LIMITED PARTNERSHIP 10770 SW CASCADE AVE 7720 SW WESTGATE TIGARD, OR 97223 PORTLAND, OR 97225 1S135BD-00200 1S135BD-00300 HUGGINS DONALD L& MARLENE R SHADY LANE PROPERTIES LLC 9785 SW SHADY LN ATTN: BENJAMIN SCHWARTZ MD TIGARD,OR 97223 9735 SW SHADY LANE#100 TIGARD,OR 97223 1S135BC-01000 1 35BC-01001 KADEL RICHARD A TIG•'D ' OF 9350 SW TIGARD ST 131 • HALL TIGARD,OR 97223 ARD,O' • 223 1S)35BD-0100 TI D Y OF 13125 ALL T RD, OR 3 1S135BC-00300 UNITED STATES BAKERY PO BOX 14769 PORTLAND, OR 97214 1 S135BC-00200 VERIZON NORTHWEST INC PO BOX 152206 IRVING,TX 75015 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - EAST INTERESTED PARTIES (is lcurpinlsetupllabels\CrT East.doc) UPDATED: 23-Feb-04 1S135BC-00200 VERIZON NORTHWEST INC PO BOX 152206 IRVING,TX 75015 APPLICANT MATERIALS • PRE-APP.HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 .i L�°4I. 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File# C:IILPatooJ -pboo'4 Other Case#VFW--acw{ - OooSC• /5-7/501/S-1/66 Date 2, O`f By (-- Receipt# Zc- -LAP City II-Orb Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR 'djustment/Variance (I or II) (a) ❑ Minor Land Partition (II) ❑Zone Change (Ill) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development (Ill) ❑ Zone Change Annexation (IV) [Conditional Use (Ill) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay(II or III) ❑ Site Development Review(II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCA I ION WHERE PROPOSED AC1 IVI I Y WILL OCCUR(Address it available) l O o o CD s W c.A s c^or AJF.r.)OE 1J GAre 7 O(Z ?7 Z z S I AX MAP& I AX LO I NOS. L 5 ) 3s SG OD Zco l O[AL 51 fE SIZE ZONING CLASSII-ICAI ION 875 5F MUG APPLICAN I' PR - s c ON) CO r*S-r RUGT 1 o N c—\a°A+•i Y MAILING ADDRESS/CI I Y/STATE/LIP 8 O 26- 1,4E, l� t-�. ! 1�C�5 WO f a,--r-H Ser. Fbre-Tv,Au'b , Or2. 97 2) 8 PHONE NO. FAX NO. X03 2.S3 1-g 2`7 5D3 z 53 g0 7-7 PRIMARY CONTACT PERSON PHONE NO. r LLA ^r/0 N& &I)3 s3 9--8 Z7 PROPERTY OWNER/DEED HOLDER(Attach list it more than one) V ZO r■‘ NCt2-- kA / MAILING ADDRESS/CI IY/S fAl E/ZIP t 8 O O 4( 5T 5 - y (We O l L.15) EvoRc rr', vJ 96 2-oI PHONE NO. z1-2-5-._ 241 - 54-0 p o , 6O l o0 3 Co to 1-4) G AT ,- *When the owner and the applicant are different people, the applicant must be pap purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. Theners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) A.plfl 77 Q ..rn k I ST L .1°f`! l\1 F 5■A51-rHr/JG EC?U lPM6J T PSC) LDt G '- As5© c A-T-ac r iP1 CA771 o NCI 5 APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Of /Z ii 0 4-- Applicant/A, •nt/Represe if tive's Signature Date Applicant/Agent/Representative's Signature Date i CITY OF TIGARD 6/22/2004 13 125 SW Hall Blvd. 2:38:30PM N ,,. I: Tigard,Oregon 97223 'i l! (503) 63 9-417 1 Receipt #: 27200400000000002690 Date: 06/22/2004 " Line Items: Case No Tran Code Description Revenue Account No Amount Paid CUP2004-00004 CITY OF TIGARD MENU 4,041.00 VAR2004-00056 [LANDUS]ADJUSTMENT 100-0000-438000 238.50 VAR2004-00057 [LANDUS]ADJUSTMENT 100-0000-438000 238.50 VAR2004-00058 [LANDUS]ADJUSTMENT 100-0000-438000 238.50 VAR2004-00059 [LANDUS]ADJUSTMENT 100-0000-438000 238.` VAR2004-00060 [LANDUS]ADJUSTMENT 100-0000-438000 165.00 Line Item Total: $5,100.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check PRECISION CONSTRUCTION CO CAC 00044081 In Person 5,100.00 Payment Total: $5,100.00 PRECISION CONSTRUCTION COMPANY =bank.24 806 SW Broadw SURe2100 I-soo-67-ssss 8y usbaok.wm Check No. 00044081 POrtlend,OR 97205.3361 Ver;red by Positive Pay ■ (503)221-8811 c Check Date Net Amount \ 06/17/04 $**""5,100.00 PAY _ , FIVE THI JSAND ONE HUNDRED AND 00/100 *********************************************** Dollars General Account To CIT OF TIGARD 89826 THE ORDER ' OF,-,.., ', wv W IltisoCti;(1...1 MP ,y„ FOR SECURITY.THIS DOCUMENT CONTAINS MICRO PRINTING IN SIGNATURE LINE AND A REFLECTIVE WATERMARK ON THE BACK-HOLD AT AN ANGLE TO VIEW. II' Page 1 of 1 cReceipt.rpt :Y Northwest Region verI,Qn PO Box 1003 Everett.WA 98206-1003 June 10, 2004 425-261-5408 RE: Representation Authorization To Whom It May Concern: This document grants Phillip A. Young, Project Manager, PRECISION CONSTRUCTION COMPANY, to represent VERIZON NORTHWEST, INC. in regards to construction planning and zoning matters. 4 AUTHORIZED BY: --� C_ I ..ZZ ignature Per Wollebek, Senior Engineer Print DATE: 6//o/i7 . JUN,1;-04 16:43 FROM-FIDELITY SERVICE +6032276478 T-783 P.02/02 F-066 Cr • 9.1.4. KNOW.;64 211 hFt ar faF2C. r•n F•�c,rt J. tl,w, henry 0. Ennen ana Barnicv L.4nnant noobantt cind ..it er 1 Rev MI �taJnpa �i�•:rr.l(r``rcillrr) rlr!{ttrnNu, rn cvn.,at.,„f,.n,,, arV an i.y I !uu Tti .u5..dui .ono i..I/LW...($7bwuO.11U). Dotlore, . tu 'mono pool by frtnel•.il fi-tinlaa,iIn Cr:01;17rry of 1.11•! dt:rthwtaiit,Inc. �� • t ,!r•rl•;)rni/rr r allnl 11,81�rarua-, 1, tttl•a htvrby Road, h:1(41,mi •<!I I.:(1 rimvey UIJ.-tied Wnl prymlft• utlrJ 4runtrr. l,r,r., ,I1.1••.Mary grid d.- :•1 .igos,thud ccttnin trot Nrvisgl)• with Ow trnrrrvnh,lwted v um rn.trod gppurtrlrpru•r•I thcrrunty brlww4lnq Of Vpp,rlderun4• samara in Mr L•uurrlP(II 1411411hinpton aria .tuts pl Orcar.rl, JJ,r,,l tj ••i ,i,toflo*srr.!•wlt: Ooginr,inG at a paint in the canturlino of County Rani N 997 on. n an the westerly lima of the W.W. Gran:lm D.L.C.N.39 in T. 2 R 1.w . of tog t Q W.H., said Quginninp point aging tna N.e. corner of "Ourtlhum Tract"t n aitly INN recorded suoaiaiaion in Washington County,Rreoon; running thenca Suuth 440 i; w 441 WAat Plana cna wauturiy line of tna said Graham CJ.aile 946.4 feet to an t iron pipe; thence Sputa 63°150 East 4831.9 frost to an iron pips; tnenca Sou jn S7,4171 East 313,9 feet to an iron pip» i" in Diameter on tna Southerly Tina of tltst cartels 8.49 acre tract of land canveyeq to A.A. Prier ay deed an gaari0JU on PrgA 693 in $ogk 228 of Washington County/ 13reyon,0sad Reco'Q thanca Nartn 36° 241 Eats; (.43.3 fiat to an iron pipe on the kauat Line of top iJdip Prior Trrla4 xnance Nartn Z° 2b' Eaat N7�.1 feat to the N.E. t;ort: of toe maid Prier Tract in the center of solid County Rona No. 997; thincw • W North 43"' 051 Mast 96.3 feet to the place of twginning. ,- ..I i : 0 1 To ifare arid ra Hold the above d.scribed and Oration prvrn;u.Lora Ma-laud lir.,ntra and granlae a k 144WS,auccassera and assigns known- •- .22 . 4ntt*rid jtanror hiraby covenants, to and with.Aid grenWo and arantea's has.. swecei.ara and a.- . 4 n • *tea.that/franca(!41 lawfully aarscd in toe simple of the above granted premiaeo,Awe from all.ncwmbrance, 1 &sla4Apt to-tna :Uinta of. 'Ma gonna in AFlS1:0-.1 that pert en sr Ps abOYA. property. lying mithin...tha_li.mlte Pr rople .enc fliahwny4. L . • •. -. - - — . .... ... . . . and that 4tamer will • t. ' . , warrant and farer.r dricnd the ohms granted prarniac.and r crn parr and parce, thereof against the Jaw- ., • NI claim* .Ind dvminda of all pacacns wl amaoercr. - In ex 3truinlia this aged and wham the GQnl.xt to raguirc0.the sittgu:ar inchtdes the ph.r&- ' WITNESS gantor'e harlrt and anal this 9G . ay vt-- QaAegnoor 19..67 }MRi e t ■ - ^. - . . .- .... ... (SW-) .- 1 rg4 q.t/OI ... 3 �q STATT.QP OREGON.County af. IU! 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OM N.E,union • 71 • Pt3rtlerafaragan �� g7ptT.- - Awl i7 Q9111=W � ' Reeelved Jun-18-04 02:34nm From-+6032276478 To-Fidelity National Ti Page 002 ® Fidelity National Title Company of Oregon PRELIMINARY REPORT Fidelity National Title Company ATTN: Todd Nardi (949) 477-361 8 1300 Dove Street, ste 310 Newport Beach, CA 92660 9728422 OWNER/SELLER: Verizon BUYER/BORROWER: PROPERTY ADDRESS: 8840 SW Burnham Street, Tigard, OR 97223 EFFECTIVE DATE: June 4, 2004, 05:00 P.M. 1 . The policy and endorsements to be issued and the related charges are: AMOUNT PREMIUM Lender's Extended 1.00 200.00 Government Service Charge 35.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Verizon Northwest,Inc., a Washington corporation, successor in interest to General Telephone Company of the Northwest, Inc. 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF TIGARD, IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF KK\kk 06/17/2004 1 EXHIBIT "ONE" Beginning at a point in the centerline of County Road No. 997,and on the Westerly line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, said beginning point being the Northeast corner of the "Burnham Tract", a duly recorded subdivision in Washington County, Oregon; running thence South 44°44' West along the Westerly line of the said Graham DLC, 948.4 feet to an iron pipe; thence South 63°15'East, 481.9 feet to an iron pipe; thence South 57°07'East, 30.9 feet to an iron pipe one inch in diameter on the Southerly line of that certain 8.89 acre tract of land conveyed to A.R. Prier by deed as described on Page 693 in Book 229 of Washington County, Oregon, Deed Records; thence North 35°24' East, 443.3 feet to an iron pipe on the East line of the said Prier tract;thence North 2°26'East, 476.1 feet to the Northeast corner of said Prier tract in the center of County Road No. 997;thence North 43°05'West, 96.3 feet to the place of beginning. EXCEPTING THEREFROM that portion conveyed for road purposes in document recorded February 1 1 , 1964, Book 506, Page 151 , Washington County Deed Records; ALSO EXCEPTING THEREFROM that portion of the herein described parcel dedicated to the public as "Greenway" by document recorded January 1 1, 1983, Document No. 83000970, Washington County Deed Records, more particularly described as follows: Beginning at the point in the centerline of County Road No. 997, and in the Westerly line of the W.W. Graham Donation Land Claim No. 39, said point also being the Northeast corner of "Burnham Tract", a duly recorded subdivision in Washington County, Oregon; running thence South 44°44'West along the Westerly line of said Graham DLC, 779.4 feet to the true point of beginning; thence continuing South 44°44' West along the Westerly line of said Graham DLC, a distance of 169.00 feet to an iron pipe; thence South 63°15' East, a distance of 481 .90 feet to an iron pipe; thence South 57°07'East, a distance of 30.9 feet to an iron pipe one inch in diameter; thence North 32°42' East, a distance of 138.00 feet along the Southeasterly line of that tract conveyed in Volume 672,Page 400,Washington County Deed Records; thence South 71 °26'31" West, a distance of 96.47 feet; thence North 63°15' West, a distance of 360.00 feet;thence North 02°16'West, a distance of 110.00 feet to the true point of beginning. 2 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. City liens in favor of the City of Tigard, if any. There are no liens as of June 4, 2004. 7. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 8. A mortgage to secure an indebtedness as shown below, and any other obligations secured thereby Amount: $96,200,000.00 Dated: June 1, 1968 Mortgagor: General Telephone Company of the Northwest, Inc. Mortgagee; Bond Holders Recorded: June 27, 1968, Book 702, Page 670 Affects: Other property also Together with all amendments and modifications, including the terms and provisions thereof. 3 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Tigard Water District Purpose: Underground water pipeline Recorded: April 2, 1969, Book 738, Page 58 Affects: 10 foot strip along the Easterly line;refer to document for particulars 10. Easement(s) for the purposes) shown below and rights incidental thereto as granted in a document. Granted to: Unified Sewerage Agency, a municipal corporation and county service district of the State of Oregon Purpose: Sewer line Recorded: June 12, 1972, Book 873, Page 289 Affects: Southerly portion of property; refer to document for particulars 11. Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Tigard Purpose: Access roadway Recorded: November 13, 1985, Recorder's No. 85045401 Affects: Easterly 40 feet; refer to document for particulars 12. Leases and/or tenancies, if any. 13. No search has been made for financing statements which are filed with the Secretary of State, and any matters which would otherwise be disclosed are expressly excluded from coverage. 14. Personal property taxes, if any. 15. The transaction contemplated in connection with this Report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. The following matters pertain to Extended coverage only: 16. Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. To remove this item, we will require an affidavit and indemnity on a form supplied by the company. 17. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 4 The company will make an inspection of the premises and this exception may be eliminated or limited as a result thereof. 18. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. To remove this item, we will require an affidavit and indemnity on a form supplied by the company. END OF ITEMS AND EXCEPTIONS NOTES: Note A. Property taxes for the fiscal year 2003-2004, paid in full Amount: Not shown; assessed by Oregon Department of Revenue Account No.: R468103 Map No.: 2S102DB-00100 Levy Code: 023.74 NOTE: Property herein described is assessed by the State of Oregon Department of Revenue, pursuant to ORS 308.510. Note B. No search has been made or will be made for water, sewer, or storm drainage charges unless the city/service district claims them as liens (i.e., forecloseable) and reflects them on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water/service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. Note C. There are no judgments of record against Verizon Northwest Inc., a Washington corporation. Note D. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS.THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT. 5 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE Th•foOuwng mattes are expressly excluded horn the oovrp•of this policy and to Company nil not value for ins•et•ta or moat.tested by his pokey• pay Ion or damage,coat.,attrney's fees or•xp•nsee which miss by reaon of: 4. Unenforoaabilify of h•Ien of the.cured mortgage because of he inability or f•,lura of the norm at 1 la)Any law.ordnance or gwertvrentel regulation Including but not fanned to building and zoning I.we. Data of Policy,or the inability or Niue of any subsequent owner of the itdebtednen,to comply with ordnance.or rmulations)resrictng,prohbitng or relating to Ill du occupancy,tee or anpymrt of ppficablo doing burn•.laws of h•.tat•n which he tend is situated. Ono land;lib Ina character,drn.neion.or location of any krprov.rn•nl now or hw•ehr rotted on Th. 5 Invadity or un•nfec•abiily of the hen of the inured mortgagee,or clean thereof,wheat Neer out of tend; if a separation n ownershia or•thane.in the dmn.ione or one of dr.land or any proof of the transaction evidsnc.d by the insured mortgage,and le bored upon unity or any con.Umr credit which h•land le or woo apart or Ind environmental proteoton,or tin•effect of any violation of these protection or truth in landing kw. laws,ordinance.or governmental regulations, except to to extant that a notice of the enforcement E. Any Monitory lien for*won.,labor or materials(r the clam of priority of any statutory f for herof or a notices of a defect,f or encumbrance resulting tram a violation of atl•ged violation 110f labor or material.over de lien of the nnurd mortgage)wsng hen on mprovarrant or work effecting du land has been recorded n dine public record.it Date of Policy. related to to land which a contracted for and cotmnnead sub..gu.nt to Data of Poky end I•not lb)Any governmental police power not e.cluded by(a)above,except to tote extent that•notice of the fnenc.0 h Athol.or In part by proceeds of the ndebtednaa.•ne•d by tine in.ur•d mange.whrlh •coccus thereof of•notice.of•defect,ben or ncumbrnc•mauling loom•violation, or alleged at Date of Policy the nwrd has dvncwl or 4 obligated to advent• violation affmtng tin.tend h..teen recorded an the pubic raced.at Oat•of Poky 7 Any clam which rises out of the transaction creating the interact of the nnorl0aga nwrd by the 2. RIg100 of errvnnt domain uni•.e notice of the exercise Proof has ban racrdd n do public records policy,by roan of P.oper.tkn of f•daer bankruptcy,state neolvncy,or..tiler vdrtri rights at Dab of Policy,but not.cckidng kern coy•ag•any taking which has occurred prior to Del.of Policy Irv,that 4 baud on' which would be blaring on the rights of•purchaer for value without knowledge Iil the transaction rating the ntrat of the nwrd mortgages bang deemed a fraudulent conveyance 3. D.f•ela,Ikons,•cumbrancn,adverse clam..r otter matt..-. of fraudulent transfer;or f.l anrad,wffr.d,as mad or agreed to by the nwrd clamant; (ice the wbordn•ton of the ntr.st of the owed mrtg.oae u a r•uk of the eppkcabon of the (51 not known to the Company,not recordd n tr•public record.at Cats of Policy,but known to does re of pukabl•wbordn•Inn,or donar•d clvnant and not disclosed n writing to tin•Company by the heard clamant prior to tin. (lip he trnsmtion a.atng the.host of he insured mortgages being deem.]•pref•ntial transfer den the nwr•d cl•inant became ern nerd hndr ha poky; except where he pr.frnt•1 trnafer results from the fa lure lc)r•oltng in no kin.or damage to the inhr.d etemnt; tot to Ornery record h•n.nurn.nt of oensfr, Idl attaching or crated.ubsaguent to Cate of Policy,or lb)of wch recordation to impart node.to a purchase-for value or•lodgment or ten rdilor. eel resultno in loss or damage which would not haw.been wstened if he nwrd clamant had paid AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10.17 92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters re expressly excluded horn the courage of thus policy and the Company will not Ord not known to dr.Company,not recorded in the public record.et Dols of Poky,but known to h• Pry bas on damp.,costs,•mrn.y'•fe..or•open...winch arise by reason of: insured claimant and not disclosed in wrrbng to the Company by du insured claimant poor tote date I lot Any law,ordnnco.or go•rnmentslr•gulat.xn(including but not!muted to building and coning laws, h.eyed clamant became an nwred under tank policy, ordnncn,or regulations)restrktng,prohbirng or relating to lie the occupancy,tae,or nioymnt of (c)ra•ultng in no'oao Of damage to the teed clamant, tin•lend,lib h•character.dimension•or location of any.rprove-nern now or hrafter erected on the ill attri,ng o v.etad wbe•gvent to Oat.of Poky,or land,(Ii)a sepration n wvnrdhp or a cftng•n the dimensions or •of the land or any parcel of 1.1 r..uhng nrlose or damage which would not hay,been sustan.d if One insured clan-wont has pad which the land 4 or was s prt:or Ind nvimmental prot•etion,or the effect of any violater of these value for the anat.or insured by he policy. laws,ordinance.on governmental regulation.,inept to the extent that•notice of he nkrcrnnt 4 Any claim which BONS out of the tr•neaetion veiling in ins ensured the estate or interest inwrd by hereof or a notice of•defect,lien or eneumbrreo resulting horn•violation or aimed violation this poky,by 100000 01 he operation of federal bankruptcy,state nagfeney,or.milr creditors' .floctrg O■•land ha been recard.d in Or•public records at Date of Policy. rights laws,her 4 bond n: lb)Any governmental police power not excluded by I.)•bwe,except to he extant that a notee of he (i) tin•transaction cr•atng tte scut.cc interest nwred by the policy being deemed a haudulnt 10.111.6110 hereof or s notes of a defect,lien Or.cumbrance rewlteng from•violation or alleged conveyance or kwdulart transfer;or violator affecting the tend ha been recorded in the public t.cord.at Dat•of Policy lei the oan..oton create,the..tau or interest.surd by this policy bong d.mnd•prelrntial 1. Rights of•nnnt domain unless nob..of tin••erdn hr.of hes ben reeurdd in the public records trnala except whore he preferential trainee results from the failure' at Data of Policy.but not excludng horn courage any taking which ha.occurred pr..to Date of Poky 1.1 to tm.ly record he nstrunent or vane.;or wench would t.bndno on the right.of•purchaser for value wlhcur knowledge. lb)al such r0cordacon to spot nonce to purchaser for value or a Ndgennt or lien reetto 3 D.hcts,line.encumbrances,advere•clone,or other mutters eel catd,wffred,assumed or agreed to by he...rod clamant, tin.&bone ALTA policy forme may b.issud to afford.char Standard Coverage a Extended Coverage In addition to the Move Exclutione horn Coverage,the Exceptin.from Coverage in•Standard Cov•ags pokey wit also include the following General Exop lion.. SCHEDULE B GENERAL EXCEPTIONS FROM COVERAGE • Th.).policy does not nett.•genet iwo or damage lord he Company wilt not pay costs,•ttorn.ys'fe.e or expanses)which a..by roman of PART 1 I Taxes or...manta which re not shown as existing Ilea by the records of ny taxing whrrty that 3. Eason-wits,or clams of asemnts or encumbrance.,not shown by On•pubic record•,r•ewationa levies Toe..or oesa•mnts on roan property Or by the public record.,proceeding.by a Public agency of exceptions in patents r or acts auhrung he issuance term,.wow right..class or tide to which may result n taxes or waeranr,or notices of such cnoca.dnpe whether or not snow.by One 4 war s,conflicts in boundary Ina,ahrtao•n r e nr�omlments,or any oar facts winch rmorde of ouch agency or by h.pubic records c pen.,• 2 Any fact.,rights,ntr•ats or claims which r•not shown by the pubic rmads but winch could be •caret savoy would diem... • e ascertained by an inspection of said land r by making nquoy of pr.ona in po.en•an S Any statutory liens led labor a onto W,nc40ng Ikon for cnsbulona doe to the Stmt.of Oregon for onemploymort cornp.n.abn and for worker'.compensation,which hay.now veined or may gain priority 0,101111111 ken of One insured dad of trust,which liens do not now apps of nmord Fidelity National Financial Group of Companies' Privacy Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal information"), and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we serve,This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws, In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with,or from the services being performed by,us, our affiliates, or others; • From our Internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and • to others with whom we enter into joint marketing agreements For products or services that we believe you may find of interest. In addition,we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so,or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right. where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real,Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223-8189 IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: , being duly sworn, depose and say that on the 13-H,,day of A FR4 L. 20(09- , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at(or near) l DODb SNn) CAS c-PtPFz- ,AA( 0 Cy •a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at 'b Ve-2Ta,J MA-Hi' ref Q" OFF/CAE- , with postage prepaid thereon. Signature (In the presence of a Notary Public) POSTING: I, STd�.u.s rem • 0.-c , do affirm that I tate (represent) the party initiating interest in a proposed Apo IT1 Dn1 'iD NAZie,tZ ■J Sw�'7t+t 13LCV affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) l D CO 0 S VI C. S c-P- Lam- and did on the 1 ''+1'N. day of "M Kt'- , 200 4- personally post notice indicating that the site may be proposed for a C0►SniT7c, t. EISC, application, and the time,date and place of a neighborhood meeting to discuss the proposal. The sign was posted at A C ^S f-(rMC€ / S o u`f ive s r G+ O F P P i tT'1' (state location you posted notice on property) i>/ / Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OeQ5of3 ) County of Wc...S +t.1,54trn ) ss. Subscribed and sworn/affirmed before me on the 1 (o +- day of i j' , 20 . 1 OFFICIAL SEAL -•` KRISTIE J PEERMAN i) NOTARY PUBLIC-OREGON � � COMMISSION N0.370962 MY COMMISSION EXPIRES JULY 28,2007 NO ARY PUBL OF OREGON My Commission Expires: 7 /a g /v 7 Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: Yj%-All.0.i tUASH,NG ID".) S ulARI- �S U Bi..0G. TYPE OF PROPOSED DEVELOPMENT: A-O iD t nog./ TO CL%(577M f-t0.JE Eau(cf. 13 LO G Address or General Location of Subject Property: 10,p S W eAS Cm-p ,4.f Subject Property Tax Map(s)and Lot#(s): t S 1 3C ,c o0 2-,©o h:vogIn\panybnasterslaffaavit of malirp-posting neighborhood meeting.doc 9 s - mull Meeting Notice Date: 14 April 2004 Re: Verizon Washington Square RSU — 10000 Cascade Avenue Dear Neighbors, Due to the tremendous increase in telecommunications in this area, Verizon is proposing to increase the size of its current switching facility located at 10000 SW Cascade Avenue, near the intersection wth SW Greenburg Road. The existing facility is an approved conditional use in a Mixed Use Commercial Zone. The proposed addition will extend the building to the southwest and southeast, and will blend with the existing appearance; additional landscaping will be provided to replace that removed and further screen new construction from public rights of way. Prior to submitting our proposal for review, we are soliciting your comments regarding our proposal so we have an opportunity to incorporate reasonable and appropriate suggestions in a timely manner. You are invited to attend the meeting - Wednesday, April 28 at 6:30 pm Tualatin Valley Fire and Rescue Station #51 8935 SW Burnham, Tigard Community Room (east entry to building) Please note that this meeting will be informational only and will not take the place of a required public hearing after application to the City of Tigard. Should your concerns not be addressed by the final design submitted, you will have an opportunity to offer testimony in that forum. Additional information about the process and the project are included in this notice. I look forward to seeing you at the meeting, or hearing from you by phone or e-mail. Sincerely, Stewart Gordon Straus, Architect 5/ewar/ Gordon 5/rau�, Arehileel Planning - Deign - Conu/linq 6170 5W Cherry MI Drive Deaverion,Oregon 91008 Phone: (50 ')672-7517 fax (503)672-1808 F-nail.' Svt, -s1rau5.COr7 w 1 ^1 ; l ic L..... f • 4 . 41 /LIN. • •■ ■•••■ •■■• .- ...■■ .•■■... .....■ •■•,.1/4, ev--- ..,..,..•.1 •••••••.0.• •.• \ ‘ ‘ ‘ ‘i\ \ \ ‘ \ \ ‘.\\ ‘\ \ \ ) t'41 1 .,••• ••„ /4 \\A \‘ ■ \ \ \ \ ‘ \ \ \ 1 , • • • 4, \`‘ ‘\: \\\\\\\\\\:\‘:\‘\\:\\\\ .' .4. e""). ' ...'. ! 1 8. 4 � dt a Al/ 1 41 r n • ' • _ . 44trp 8 \i. . \ i a ..l i Z c ADDITION TO & REMODELING OF 6 • ABC 0 4 VERIZON WASHINGTON SQUARE RSU `�� f '� � � / P.1 g ii N $ 10000 CASCADE A 0 irl N VENUE �� ZivR TIGARD, OREGON °°N . 31%. lig h MI h ,�' .. .. • Meeting Minutes Date: 28 April 2004 Re: Verizon Washington Square RSU — 10000 Cascade Avenue A meeting was held on Wednesday, April 28, 2004 at 6:30 pm in the Community Room of the Tualatin Valley Fire and Rescue Station #51 located at 8935 SW Burnham, Tigard, Oregon. Present at this meeting were Phillip Young, representing the Contractor, Precision Construction Company and Stewart Straus, representing the Architect, Stewart Gordon Straus. No other persons attended this meeting. Consequently, there was no presentation and no discussion. 5fewarf Gordon Straus, Archilecf Planning - Design - Conullinq 6170 5W Cherry dill Drive Deaver/on,Oregon 91008 Phone: ( 0.,)612-1I-7 Fax. ( 0 )672-7808 E"Mail, 5g565"5/rciJ OM 1 111 k 1 1 VERIZON WASHINGTON SQUARE NEIGHBORHOOD MEETING ATTENDANCE Name Address Phone grabtiAgr 6.TrC4 QS 6 I 20 su,) C P-%7 etw P2 13'rri‘i m3 (p72. 75)7 p/4/;z_ Yo vry 8oz_ IV 4Lic_z-I'v s vt.D Th i1S OX 5v3 2S3 46z7 5fewarf Gordon . /rail , Archifecf Planning - Deign - Con5ulfing 6170 51N Cherry bill Drive Deaverfon, Oregon 97008 Phone: ( Q )672-7nI7 Pax: ( 03)672-7808 E-mail: 5rj pirefechcorr Smooth Feed 5heetsTM 1 S135BC>0700 1 S1358B-00600 AMB PROPERTY L P KP VENTURES LLC BY GEORGE MCELROY&ASSOC 2519 NW MARSDEN PL 3131 S VAUGHN WAY STE 301 PORTLAND,OR 97229 AURORA,CO 80014 1S1358D-01400 181358B-00900 BAGAN JOHN P JR LANPHERE PROPERTIES V LLC 10910 SW GREENBURG RD 12505 SW BROADWAY TIGARD,OR 97223 BEAVERTON,OR 97005 1S135BC-00202 1S1351313-00700 BELANICH ROGER M LAMPHERE PROPERTIES V LLC 22020 17TH AVE SE#200 12505 SW BROADWAY BOTHELL,WA 98021 BEAVERTON,OR 97005 1S1359C-00201 1S135BC-00900 BELANICH ROGER M PAULSON LIMITED LIABILITY CO BY SOUTHLAND CORP BY RICHARD G PAULSON SR PO BOX 711 1511 NE 150TH AVE DALLAS,TX 75221 PORTLAND,OR 97230 1513580-01200 1S1356D-01300 BURDICK-FORBES INVESTMENTS LLC SCHAEFER ROBERT M&SALLY J& BY DONALD C BURDICK MILLER GERALD V 434 RIDGEWAY RD BY SH1LO INN-WASHINGTON SQUARE LAKE OSWEGO,OR 97034 11600 SW CORBY DR PORTLAND,OR 97225 1 S13560-00900 11513680-01100 DORR GEORGE/ANNA MARIE TRUSTEES SHADY LANE COMMERCIAL BUILDING DORR JOHN D& LIMITED PARTNERSHIP DORR PATRICK M 7720 SW WESTGATE 9925 SW 77TH PORTLAND,OR 97225 PORTLAND,OR 97223 1S1358C-00500 1S135B0-00300 E E W ENTERPRISES LLC SHADY LANE PROPERTIES LLC BY DESTINATION HARLEY DAVIDSON ATTN:BENJAMIN SCHWARTZ MD 10770 SW CASCADE AVE 9735 SW SHADY LANE#100 TIGARD,OR 97223 TIGARD,OR 97223 1513560-01201 1 S13500-01000 HARRELL MATTHEW TIGARD CITY OF 659 NW PACIFIC GROVE DR 13125 SW HALL BEAVERTON,OR 97006 TIGARD,OR 97223 1S13580-00200 1S135BC-01001 HUGGINS DONALD L&MARLENE R TIGARD CITY OF 9785 SW SHADY IN 13125 SW HALL TIGARD,OR 97223 TIGARD,OR 97223 131358601000 1 S1358C-00100 KADEL RICHARD A TOSCO CORP 9350 SW TIGARD ST PROPERTY TAX DEPT-DC17 TIGARD,OR 97223 PO BOX 52085 PHOENIX,AZ 85072 1S135BA-03300 1 S 135BC-00300 U N(VERSUS 1S 1 35BC-00200 UNITED STATES BAKERY BY STEVE ECOFF VERIZON NORTHWEST INC PO BOX 14769 442 GLENWOOD DRIVE PO BOX 52206 PORTLAND, OREGON 97214 OXNARD, CA 93030 IRVING, TX 75015 NATHAN AND ANN MURDOCK SUE RORMAN NAOMI GALLUCCI PO BOX 231265 11250 SW 82ND AVENUE 11285 SW 78Th AVENUE TIGARD, OR 97281 TIGARD, OR 97223 TIGARD, OR 97223 MICHAEL TRIGOBOFF BRAD SPRING ALEXANDER CRAGHEAD 7072 SW BARBARA LANE 7555 SW SPRUCE STREET 12205 SW HALL BLVD TIGARD, OR 97223 TIGARD, OR 97223 TIGARD, OR 97223-6210 DAVID CHAPMAN JOHN FREWING CPO 4B 9840 SW LANDAU PLACE 7110 SW LOLA LANE 16200 SW PACIFIC HWY, SUITE H242 TIGARD, OR 97223 TIGARD, OR 97223 TIGARD, OR 97224 Roger M. Belanich 22020 -17th Ave. S.E., Suite 200, Bothell, Washington 98021 (425)485-4850 or (206)623-6230 FAX (425)483-181 I April 29, 2004 City of Tigard Community Development 13125 SW Hall Blvd. Tigard, Oregon Stewart Gordon Straus, Architect 6170 SW Cherry Hill Drive Beaverton, OR 97008 RE: Verizon Washington Square RSU — 10000 Cascade Avenue We have several concerns regarding the proposed site changes/construction on the Verizon property. Easement on all three ingress/egress of the three tax parcels • Declaration of Perpetual Easements for Motor Vehicle Ingress and Egress. o Recorded: 85003562 Keep Driveway Open: • The existing driveway off SW Cascade Avenue is a major ingress/egress to Belanich's property. This driveway cannot be closed; it is used heavily by customers, vendors (semi delivery trucks) and employees. o Parking construction vehicles in this driveway would block the access for delivery truck use. Must maintain a 24'+ wide driveway clearance o The corner of the proposed addition is just at 24', if thy put any bollards or any protection on the corner of the building it would minimize the width of the driveway. o Semi-trucks need the 24' clearance Where are the construction workers & equipment going to be parked during construction? o Our parking lot is not available for any construction vehicles. We truly understand the needs of the construction company and Verizon. We are merely protecting our property and our tenants businesses. Feel free to contact me should you wish to discuss any of these matters. Sincerely, Pamala K. Gasaway, RPA Property Manager E-Mail: pan@ businesspropertvdevelopment.com FAX: 425-485-5796 Cell: 425-239-6169 __ _ .. o .. ..�.v .u.. .V . .V V PRECIISION CONSTRUCTION COMPANY 6025 N.E.KIL FaTh • Po rLANEL c7t�EGc ',l 97216 R EC E IVE D Ism -111327 June 4, 2004 AUG 0 9 2004 Mr. Per Wollebek- CITY OF TtGARD VERIZON NORTHWEST, INC. ""MrtnrruF"jr;1NEERt P.O. Box 1003, (WA0101-LB) 1800 41 st Street Everett, Washington 98206 OFF:425/261-6408 FAX:425/258-3424 RE: VERIZON WASHINGTON SQUARE RSU/PCC#109-05-03 _ BUDGET PROPOSAL Dear Mr. Woliebek: We submit for your consideration the following Items as cur Budget Proposal on the project: General Conditions: 3 56,900.00 Supervision /Labor Architect/Engineering Permits /Fees PL & PD Insurance 'Misc. Tools & Fquipment Demo 11,460.00 Paving Patch 4,500.00 Landscape Allowance 5,000.00 Excavation /Backfill 7,500.00 Concrete 8,500.00 FrameITrusses/Siding 18,325.00 Metal Roef/Gutters 18,000.00 Drywall/insulation 4,520.00 VCT I Base 1,570.00 Paint 2,850.00 Doors/Frames 870.00 Saybr Contracting 32,270.00 DTS Systems 12,950.00 BCS 27,850.00 Mechanical: 99,674.00 Electrlcal/Quietsite Generator/ATS 116,575.00 BAP 6,156.00_ SUBTOTAL $ 435,470.00 FEE 22,000.00 TOTAL AMOUNT OF THIS PROPOSAL $457,470.00 Sinoerely, PRECISION CONSTRUCTION COMPANY Phillip Yo ng • Project Manager mil cbnyd.ctsseeteont0a-425- eioneti ow 6.4-D4 - MAPr • 16. 20043(10:32AM/1 CLEAN WATER SERVICES 503 8463525 No.1065 P. 1 p.D2 7 . 1 1'.�I� , File Number a C�IcanWater� Services t PR 0 s 2004 i Our CO*Trn,frr,rrit pie r. Sensitive Area-P're-Screening Site Assessment Hy Jurisdiction Tia',14P-C) __ Date 5 _Q--PHL x°04 Map &Tax Lot I 13s isC 0020c, Owner V .r7tor! NoF1,11+u1E5: Site Address 10.ai2P vU C# "e -�! 0 ,._ Contact 6111-WAIk,- 0011-Pod Proposed Activity Appt-y i Tb gK ltTo _ Address (,170 Sv,3 Nu.DR- Ut4-1Zors lf�c.4fi1-1t44 �0A4P-�r1. nit- et-7ae8. tUITGHin1G 1U0,Jt Phone 5-6;4.11-7511—7511 9)3-672 •ZSOB 0cc� Y N NA Y N NA Sensitive Area Composite Map � Stormwater Infrastructure maps ❑ I Map#_/NWV ❑ i 1 rl QS# G!/)? ❑ FT I orally adopted studies or maps I ❑ I 1 Other specify --- I Specify 2.2ym a rrfa 1 Piro Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No_.86rF.""_. O. • ❑ Sensitive areas potentially exist on site or within 200' of the site.THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT.If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. ❑ The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: /�/P4.5 __ U5�._. V)€4) 4r H7_ Ase oh e'...' 1 D/g_c •,e+.i+1 "lore LY'c�/ �y A eor C�;I/ rt.t_yF'9M crawly I*yaw T.e EX:f0.i rq _ II 1c.rr °- t 1.��"/.& /i:A1 .r st. -._, J Reviewed By:By: Date: Y//G/D •of pages► Returned to Applicant Post-1t'brand fax transmittal memo 7671 I Mail Fax � _ �eA�k � Counter f J lfr Date_ ty1,5/6 By Co z Co- Fax M Fax d 503-c .2. 7/109 //arrah've, f I® mir VERIZON WASHINGTON SQUARE R.S.U. ADDITION & REMODELING NARRATIVE AND IMPACT STUDY — CONDITIONAL USE PERMIT 25 MAY 2004 (REV 5 AUG 2004) A. PROJECT DESCRIPTION Addition to an existing Verizon telephone switching building located at 1000 SW Cascade Avenue., and consequent modification of existing building and site conditions including landscaping and paving, as required to accommodate the addition. Building and all other site features are intended to match existing conditions throughout. Landscape area is reduced from 1745 square feet to 1370 square feet, a reduction of 21.5%. Building area is increased from 838 square feet to 1334 square feet, an increase of 59%. Paved area is reduced from 6171 square feet to 6050 square feet, a reduction of 2%. B. CONDITIONAL USE (18.330) 1. The proposal qualifies as a Major Modification to an existing Conditional Use Permit per 18.330.020 B 2 d and g, which stipulate a 10% increase in building area or a 10% reduction of landscape area as the basis for such designation. 2. Approval Standards per 18.330.030 A: "The site size and dimensions provide adequate area for the needs of the proposed use." Finding: The drawings demonstrate that the building addition proposed can be accommodated while maintaining the minimum landscape area and appropriate site access and circulation. The odd shape of the site do preclude compliance with several code requirements, which will be addressed below. "The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features." Finding: As the Impact Study below demonstrates, there are no adverse impacts created by this proposal. "All required public facilities have adequate capacity to serve the proposal." Finding: The proposal does not create any increase in demand on public facilities. There is a net increase of 375 square feet of impervious area, for which a fee in lieu of on-site water quality facility will be paid. Dedication of site area for future right-of-way improvements on SW Cascade will be made, but improvements will be deferred to a future date as agreed upon with the City Engineering Department. 5fewarl Gordon 5irau5, Archifecf Planning - Deign - ConSulfinq 6170 1/Cherry rlill Drive Deaverton, Oregon 97008 Phone! ( 0 )6-72-717 Pax.' ( O.n)672-7808 E-mail: '< pirefechcom MkAIMEht MYVVIF Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 2 "The applicable requirements of the zoning district are met." Finding: The proposal complies with requirements for the Washington Square Regional Center as well as the underlying base zone MUC except as discussed in detail below; non-conforming conditions are addressed by request for adjustment as allowed under 18.370. 3. Conditions of Approval per 18.330.030 B: "Limiting the hours, days, place and/or manner of operation." Finding: The existing and proposed facilities are unoccupied utility service buildings that have no "operation" other than occasional maintenance and internal modification by Verizon personnel; no impact is created by this "operation" and therefore no limitation is required. "Requiring design features that minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust." Finding: The use of this facility does not create any of the impacts listed, and therefore no design features are required. The emergency generator proposed is an internally sound insulated product that minimizes noise generated. Its occasional maintenance operation is controlled by date and time, which will be established to least obtrusive settings. "Limiting the building height, size or lot coverage, and/or location on the site." Finding: All of these features are well within the limits established by code and do not create impacts that require further limitation. "Designating the size, number, location and/or design of vehicle access points." Finding: The existing approved single access point is being maintained. It occupies the entire property frontage of 25' along SW Cascade Avenue and cannot be altered in any way that would improve its design or compliance with code. "Requiring street right-of-way to be dedicated and street(s) to be improved." Finding: As required by City Engineering Staff, dedication will be made to yield a dimension of 37'-0" from street centerline to property line. However, Staff has also indicated that improvement would not be required at this time due to the small frontage represented by this site. An appropriate fee or agreement to assure future compliance is acknowledged. 5fewarf Gordon 5frau5 Archilecl /arming - Deign - Conu//inq 6/70 5W Cherry/1//I Drive Deaverfon, Oregon 97008 Phone: ( O3)672-1 I7 Fax; ( O.,)672-7808 E-mail. . ,(pa pirefechcorl Akdbidk VMELik MP TIP MP Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 3 "Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas." Finding: Existing landscaping meets requirements and proposed landscaping continues to comply. Existing screening is sufficient due to similarity of adjoining commercial uses. Existing drainage is performing satisfactorily and a fee in lieu of water quality facilities is acknowledged as required. Existing paving will be expanded as required to maintain required circulation and parking, and existing will be repaired as required to maintain required surfacing. "Limiting the number, size, location, height and/or lighting of signs." Finding: no signs exist or are proposed for this site. "Limiting or setting standards for the location and/or intensity of outdoor lighting." Finding: Lighting is provided to maintain a minimum level of illumination for site circulation and monitoring of activities on the site. Cut-off type fixtures are proposed to restrict glare and passage of illumination over 0.5 footcandles beyond the property line. Lighting can be controlled using motion detectors to restrict illumination to those times when activity is present, if so required. "Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance." Finding: Uses and activities on surrounding properties do not require visual separation from those on this site; therefore, no berms, screening or landscaping is required in addition to what is existing or proposed. "Requiring and designating the size, height, location and/or materials for fences." Finding: Uses and activities on surrounding properties do not require visual separation from those on this site; therefore, no fences are required in addition to what is existing. "Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas." Finding: There are no listed resources on site other than existing landscaping; no existing trees are being removed or are in close enough proximity to the proposed work to require protection. 5fewarf Gordon 5114C1u5, Architect Planning - Deign - Con,ulfinq 6170 5W Cherry Bill Drive Deaverion, Oregon X7008 Phone: ( Q )6-72-717 For ( 03)612-1808 E gpspirelechcori Abodballi Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 4 "Requiring dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain." Finding: This site is not within or adjoining a floodplain, or adjoining any designated greenway; therefore, no dedication is required. "Requiring construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan." Finding: This site is not within or adjoining a floodplain, or adjoining any designated pathway; therefore, no pathway construction is required. C. COMPLIANCE WITH SPECIFIC CODE REQUIREMENTS 1. Commercial Zoning Districts (18.520) for MUC zone: Standard Requirement Proposal Minimum Lot Size None 8754 sf Minimum Lot Width None varies Minimum Setbacks None vary Minimum Height 2 Story 1 Story (adjustment) Maximum Height 200 ft 25 ft Maximum Site Coverage 85% 15.24% Minimum Landscaping 15% 15.65% Minimum FAR 1.25 0.1524 (adjustment) 2. Washington Square Design Guidelines (18.630): Compliance required with underlying zoning; existing non-complying conditions may remain and be expanded(18.630.020). Finding: Compliance with MUC zone demonstrated above; see discussion below regarding non-complying conditions. Non-complying conditions may be expanded up to 20% (18.630.030). Finding: The building expansion exceeds 20% - adjustments required are addressed below. 5fewarf Gordon 3frau.', Archilecf Planning - £eign - Conul/inq 6170 SW Cheery IliII Drive Oeaverfon, Oregon 27008 Phone. (n+0,)672-71-7 Fax: (n03)672-7808 nail. �gsc 'pireiechcor� • Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 5 "Site Design Standards (18.630.050)": "Building placement near the street occupying 50% of frontage." Finding: shape of the site and requirements for access preclude compliance with this requirement. An adjustment will be requested. "Front yard setback area design to include landscaping and pedestrian oriented features." Finding: landscaping is provided in portions of the site between the building and the street; the existing driveway is used for any pedestrian access required. "Walkway to building entry required." Finding: shape of this site and requirements for vehicle access preclude compliance with this requirements. An adjustment will be requested. "Parking shall be located at side or rear of building." Finding: no parking is required for this site or use; service vehicles that occasionally attend this site may use turning area for temporary parking. "Building Design Standards (18.630.060) "Ground floor windows must be provided at 50% of the street façade." Finding: the front façade of the building is not located within the setback area and is therefore not governed by this requirement. "Facades over 50'in length shall be articulated." Finding: this building does not exceed 50' in length. Therefore, compliance not required. "Weather protection required for pedestrians at building entry." Finding: The proposed roof includes an overhang at all exterior doorways. fewarf Gordon 51raus, Archilecl /arming - Design - Consulting 6170 5W Cherry 11111 Drive L caverton,Oregon 97008 Phone: (503)672-7517 Fax: ( 0.n)672-7808 mail: N, pirelech.con Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 6 "Materials should be high quality." Finding: the proposed exterior finishes will match and extend existing, which includes painted cedar lap siding. The concrete foundations are not exposed more than 6". The proposal complies with this requirement. "Roof lines and materials should be distinct from walls and be high quality." Finding: the proposed roof is a gable slope matching the existing, with pre-finished formed steel roofing. The proposal complies with this requirement. "Rooftop equipment shall be screened." Finding: there is no rooftop equipment proposed. The proposal complies with this requirement. 3. Access, Egress, Circulation (18.705): "Joint access is allowed." Finding: A perpetual easement has been recorded (85003562) for access and egress for the adjoining parcel to the north on which a convenience store is located. This easement stipulates a 24" wide vehicle drive intended for use by delivery vehicles servicing the convenience store. "Provide access from public street via approved curb cut." Finding: The existing access and curb cut approved under previous permitting are not proposed for any modification. "Provide pedestrian walkway from public right-fo-way to building entrance." Finding: pedestrian access is provided by the paved access area; this use does not permit public access. 4. Environmental Performance Standards (18.725): "Noise must comply with provisions of Tigard Code 7.40.130 thru 7.40.210." Finding: According to 7.40.15 A, there are no noise sensitive units surrounding the site. Therefore, this requirement is not applicable to this site. "There shall be no visible emissions." Finding: There is no equipment on the site emitting any visible matter. Therefore, this requirement is not applicable. _ lewart Gordon Sfraus, Archifeci Planning - Deign - Cone'ullinq 6110 SW Chewy Bill Drive Ocaverfon, Oregon 97008 Phone ( Q )672-7517 Fax; (0 )672-7808 Trail. c aspirefech.corr MYVVIP Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 7 "Vibrations are not permitted." Finding: This nothing proposed for this site, including service vehicles required for maintenance, that will create vibrations beyond what is allowed. Therefore, this requirement is met. "Odors emitted on this site may not be detectable on adjoining sites." Finding: There are no emissions of any kind from this site. Therefore, this requirement is met. "Glare and heat from lighting or activities on site may not be detectable on adjoining sites." Finding: All lighting is cut-off baffled to restrict glare beyond the property line. No heat producing activities occur on this site. Therefore, this requirement is met. "Products on site must be stored in a manner to preclude attraction of rodents and insects." Finding: There are no products stored or used on this site that would be attractive to rodents or insects. Therefore, this requirement is met. 5. Landscaping and Screening Standards (18.745) "Street Trees" Finding: The 25' frontage on SW Cascade Street is not wide enough to allow for installation of street trees due to requirements for access. Street trees are provided or can be provided on adjoining parcels at such time as the right-of-way improvements are made. "Buffering" Finding: all surrounding development is similarly zoned. Therefore, this requirement is not applicable. "Screening" Finding: Existing landscaping provides adequate screening of parking and trash enclosure. Chain link fencing with slats is provided around generator and condensing units. Therefore, this requirement is met. 6. Mixed Solid Waste/Recycling Storage (18.755) Finding: The existing and proposed facilities are not occupied except for occasional maintenance and system installation activities. All waste generated is removed from the site by the workers and disposed of elsewhere. . fewarf Gordon 51rau,, Archilecf Planning - Dc,ign - Gonulfinq 6170 SW Cherry bill Drive Deaverfon, Oregon 97008 Phone: ( O.,)672-7517 l=ax: ( Q )612-7808 E-mail: ng.ftN,irefechcom dkAkdbt a MrIVIP Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 8 7. Off-street Parking/Loading Requirements (18.765) Finding: Table 18.765.2 indicates that there is no requirement for verhicle or bicycle parking for"Basic Utilities". Paragraph 18.765.080 stipulates that loading is not required for buildings under 10,000 sf. Therefore, the requirements are not applicable to this proposal. 8. Signs (18.780) Finding: No signs are proposed for this site other than posting the address in a visible location as required by Tualatin Valley Fire and Rescue for emergency access purposes. Thereore, the requirements are not applicable to this proposal. 9. Tree Removal (18.790) Finding: No trees are being removed as part of this proposal. Therefore, the requirements are not applicable to this proposal. 10. Visual Clearance Areas (18.795) Finding: There are no existing or propose obstructions that would interfere with required visibility. Therefore, the requirements are met. 11. Street and Utility Improvement Standards (18.810) Finding: The City of Tigard Engineering Section has stipulated that a dedication increasing the existing right-of-way to 37'-0" from centerline will be required, and that a fee in lieu of undergrounding of utilities will be required. Actual right-of-way improvements and undergrouding of utilities will be completed at some future date to be determined by the City of Tigard. The applicant takes no exception to these requirements and agrees to enter into an Agreement for Future Street Improvements (Restrictive Covenant). Future work will include new curb and sidewalk, and removal of existing power pole prior to undergrounding of power service. Therefore, the requirements are met. 5lewarl Gordon 51rau5, Archifecl planning - DcSign - Goneullinq 6170 5W Cherry to Drive Deaverfon,Oregon 97008 Phone. ( 03)672-7n17 Pax: ( 03)672-7808 '-nail. q 'c pirefechcori VVVrilr Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 9 C. SUMMARY OF REQUESTED ADJUSTMENTS The following may require action as either Variances or Adjustments as determined by the City of Tigard, but are designated as Adjustments for discussion purposes. A general statement regarding criteria for approval is provided. 1. Minimum building height of two stories: one story building proposed (18.520) a. Allowing a one story building for this site will not be materially detrimental to the purpose of the code because it is an unoccupied service building not intended for public access; it is desirable to minimize its physical presence in its surroundings. b. There are special circumstances applicable to this site due to the nature of its proper function as a telephone switching building, since the equipment being added must be contiguous with existing equipment rather than being located on a second floor level. c. The propose use is the same as the existing use, which was approved as a one story building under the previous code provisions. d. There are no traffic or drainage systems adversely impacted by the single story building, and there are no land forms or parks that will be impacted by expanding horizontally rather than vertically. e. The hardship is pre-existing and the variance is the minimum needed. 2. Minimum FAR 1.25: 0.1524 FAR proposed (18.520) a. Allowing a reduced FAR for this site will not be materially detrimental to the purpose of the code because it is an unoccupied service building not intended for public access; it is desirable to minimize its physical presence in its surroundings. b. There are special circumstances applicable to this site due to the nature of its proper function as a telephone switching building, since the equipment being added must be contiguous with existing equipment rather than being located on a second floor level. c. The propose use is the same as the existing use, which was approved under the previous code provisions. d. There are no traffic or drainage systems adversely impacted by the reduced FAR building, and there are no land forms or parks that will be impacted. e. The hardship is pre-existing and the variance is the minimum needed. 5fewarf Gordon . trau '. Archifecl /arming - l)e,ign - GonSulfinq 6170 5W Cherry bill Drive 0e-over/on,Oregon 97008 Phone: (503)672-7n17 Fax: (n03)612-1808 f'-nail. .w pirefech.con MFVFMV Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 10 3. Building to be placed to occupy 50% of frontage: proposal shows substantial setback of building —there is no frontage (18.630.050) a. Allowing the building to be placed setback from the frontage for this site will not be materially detrimental to the purpose of the code because it is an unoccupied service building not intended for public access; it is desirable to minimize its physical presence in its surroundings. b. There are special circumstances applicable to this site based on its shape, in particular the very narrow frontage on SW Cascade Avenue. c. The propose use is the same as the existing use, which was approved under the previous code provisions. d. There are no traffic or drainage systems adversely impacted by the increased setback of the building, and there are no land forms or parks that will be impacted. e. The hardship is pre-existing and the variance is the minimum needed. 4. Walkway to building entry required: proposal shows no walkway (18.630.050) a. Allowing no dedicated pedestrian walkway to the building entry for this site will not be materially detrimental to the purpose of the code because it is an unoccupied service building not intended for public access; it is desirable to minimize its physical presence in its surroundings, and access from service vehicles is via the asphalt paving provided for vehicle travel. b. There are special circumstances applicable to this site based on its shape, in particular the very narrow frontage on SW Cascade Avenue that is only wide enough for the required vehicle access. c. The propose use is the same as the existing use, which was approved under the previous code provisions. d. There are no traffic or drainage systems adversely impacted by the absence of this walkway, and there are no land forms or parks that will be impacted. e. The hardship is pre-existing and the variance is the minimum needed. 5. Street trees are required: no street trees are proposed. (18.745) a. Allowing no street trees for this site will not be materially detrimental to the purpose of the code because the trees can be located at adjoining properties. The normal spacing of street trees is 30' compared to the 24' frontage of the site, so it will be possible to maintain the typical spacing without using this frontage. .tewart Gordon . frou5, Architect Planning - Design - Gon,ultinq 6170 ` Cherry hill Drive Deaverfon, Oregon 97006 !'hone. ( 0 )672-75/7 Fox.: ( 0 )672-7808 E-mail: . ep,: pirefech.cori • dliAbtAbi venom. _ Mir MYMP Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 11 b. There are special circumstances applicable to this site based on the very narrow frontage along SW Cascade Avenue. c. The propose use is the same as the existing use, which was approved under the previous code provisions. d. There are no traffic or drainage systems adversely impacted by the absence of street trees, and there are no land forms or parks that will be impacted. e. The hardship is pre-existing and the variance is the minimum needed. D. IMPACT STUDY In general, the proposed addition to the Verizon Switching Building presents a minimum impact to surrounding public and private facilities, if it creates any impact at all. When viewed in comparison to the size and use of surrounding development, the proposed addition generates no additional vehicle trips and creates no demand on any other infrastructure, such as parks, schools, sanitation facilities, water system or any other public or private facilities. The existing storm drainage system provides for discharge of roof drains onto the asphalt paving, and then sheet flow of all impervious area water along the access driveway to the public right-of-way, where the water is discharged to a catch basin in the street. This system has been successful and will be maintained as part of the proposed addition. The total impervious area is increased by less than 500 sf, which will not add significantly to the volume of water being disposed of in this manner. A fee in lieu of treatment facilities on site is proposed. A new emergency generator and two condensing units for the equipment cooling system are being located at the exterior of the building. As described above under findings for Environment Performance Standards (18.725), there are no surrounding facilities that would be designated as "noise sensitive". Consequently, any noise generated by this equipment would not be considered to have an impact. However, the emergency generator to be installed is one designed with internal acoustic dampening, which will minimize any noise produced. The generator only operates in emergency situations, and monthly for a brief period to maintain its performance —this monthly operation can be scheduled to avoid days or times that might be unacceptably obtrusive. . lewarf Gordon .�1rau5, Archifecf /arming - Dc,ign - Gon 'ulfinq 6170 Cherry tiill Drive ©eaverfon,Oregon 91008 Phone.: ( Q )672-1 I1 Fax.: ("0.3)672-7808 8 nail.• sc5pireicchcori AbtAkdk MFVFVF Verizon Washington Square RSU Addition & Remodeling Narrative and Impact Study Page 12 A dedication of additional right-of-way for SW Cascade has been required by the City of Tigard Engineering Section. The resulting dimension from centerline is 37'-O". They have also indicated that required improvements may be deferred to such future date as the right-of-way improvements are being provided at adjoining properties. The applicant acknowledges these requirements and will provide whatever documentation or security is needed to assure future performance. Sfewari Gordon 3frau , Archifeci planning - Deign - Gon uliinq 6170 5W Cherry tirll Drive DeaverIon,Oregon 97008 Phone: ( Q )672-7517 Fax. (50_,)672-7808 -r7Qil. ngsc5pirefechcor? 9/2/2004 1:36 P' ^ROM: Fax SGS Architects TO: 5036847297 PAGE: 002 OF 003 RASKIN la; Vngt 'SSW ft*PAS. VERIZON WASHINGTON SQUARE R.S.U. ADDITION & REMODELING NARRATIVE SUPPLEMENT — DRIVEWAY SPACING 3 SEPTEMBER 2004 E. ADJUSTMENT TO ACCESS AND EGRESS STANDARDS (18.705) Standard: "...where access and egress drives cannot be readily designed to confirm to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment based on the following criteria: 1. It is not possible to share access 2. There are no other alternative access points on the street in question or from another street 3. The access separation requirements cannot be met 4. The request is the minimum adjustment required to provide adequate access S. The approved access or access approved with conditions will result in a safe access 6. The visual clearance requirements will be met Findings General: The existing access and egress drive was approved at the time of the original development; either this approval was granted with the adjoining developments (including driveways) in existence, or the approval for the adjoining developments (including driveways) was approved subsequently to this original development. In either case, between one and three driveways were approved contrary to the spacing standard now in effect. The existing access/egress drive is available for use by the convenience store to the north by recorded easement. This access/egress is needed by the convenience store to accommodate its larger delivery trucks, which require a drive-through route in combination with its main access/egress from SW Greenberg, since there is inadequate space on the site of the convenience store to allow for turn-around maneuvering. The parking lot to the west of this site is situated several feet lower, but has two points of access from SW Cascade. The service station to the east of this site has access from both SW Cascade and SW Greenberg due to the access and maneuvering required appropriate to that use. 5tewa1f Gordon Straus,Architect Planning - Design - GonSUllinq 6170 5W Gherry Cull Diive Deaverlon,Oregon 97008 Phone: (50 5)672-75/7 Fax: (503)672-7808 E-riail: ggse5pirefech.cor7 9/2/2004 1:36 P 'ROM: Fax SGS Architects TO: 503684729' ',AGE: 003 OF 003 100 '' : U Verizon Washington Square RSU Supplemental Narrative — Access/Egress 3 September 2004 Page 2 Specific Criteria: 1 . "It is not possible to share access" — Access is already shared through this site to the convenience store to the north for its benefit. Closure of the existing driveway from SW Cascade would not be acceptable to the convenience store, as is made clear in their letter included in the submission package. Access from the service station to the east is not practical due to the layout of existing traffic patterns and buildings/features on that site. Access from the site to the west is not practical due to the change in grade that would need to be accommodated between the two. 2. "There are no other alternative access points" — The existing access/egress drive occupies the entire street frontage of the subject parcel — no other access points are available. 3. "The access separation requirements cannot be met" — Even if this access/egress driveway were deleted, the remaining driveways to the east and west on adjoining parcels would still not comply with the spacing requirement. The sizes of the existing parcels along SW Cascade preclude the option for spacing in compliance with the requirements without shared access, and since all development was completed before shared access was a required option, it conditions are not conducive to shared access without significant modifications on the adjoining parcels in addition to this site. 4. "The request is the minimum adjustment required to provide access" — Since the adjustment is to allow the existing conditions to remain, and since no other options are reasonably available, this adjustment is the minimum possible. S. "This access will be safe" — The existing conditions have been in use for many years, during which time their safety can be demonstrated by records of accidents. The limited use of this access/egress by service vehicles only contributes to its high degree of safety. 6. "The visual clearance requirements will be met" — Compliance with the visual clearance requirements was addressed in the original narrative. 51ewarl Gordon 5lraus Archiled Planning - Deign - Consulting 6170 5W Gierry gill/Drive Pt-aver/on,Oregon 97008 Phone; (503)672-7517 l=ax: (503)672-7808 E-riail; gqcgpire/cch.cori A+ CITY OF TIOARD Community(Development SfiapingA Better Community ■ LAND USE PROPOSAL DESCRIPTION 120 DAYS = 12/18/2004 FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2004-00004 DEVELOPMENT AD USTMENT VAR 2004-00056 DEVELOPMENT AD USTMENT VAR 2004-00057 DEVELOPMENT AD USTMENT VAR 2004-00058 DEVELOPMENT AD USTMENT VAR 2004-00059 DEVELOPMENT AD USTMENT VAR 2004-00060 DEVELOPMENT AD USTMENT VAR 2004-00068 FILE TITLE: VERIZON FACILITY ADDITION & REMODEL APPLICANT: Precision Construction Company OWNER: Verizon Northwest, Inc. Attn: Phillip Young 1800 41st Street (WA 101 LB) 8025 NE Killingsworth Street Everett, WA 98206 Portland, OR 97218 REQUEST: The applicant is requesting Conditional Use approval for an addition to the existing Verizon telephone switching building and consequent modification of the existing building with associated site improvements. The applicant is also requesting approval of six (6) Adjustments to the following: VAR2004-00056: Adjustment to the minimum building height of two-stories requirement to a proposed one-story building; VAR2004-00057: Adjustment from the minimum Floor Area Ratio (FAR) requirement of 1.25 to 0.1524; VAR2004-00058: Adjustment to the requirement that a building be placed to occupy 50% of frontage to no frontage; VAR2004-00059: Adjustment to the required walkway to building entry to no walkway; VAR2004-00060: Adjustment to the street tree requirement to no street trees; and VAR2004-00068: Adjustment to the driveway spacing standard on an arterial street to allow the continued use of the existing shared access. LOCATION: 10000 SW Cascade Avenue; WCTM 1S135BC, Tax Lot 200. ZONE: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18,765, 18.780, 18.790, 18.795 and 18.810. I DECISION MAKING BODY BELOW: n TYPE I TYPE II ® TYPE III n TYPE IV DATE COMMENTS WERE SENT: SEPTEMBER 29, 2004 DATE COMMENTS ARE DUE: OCTOBER 13,2004 HEARINGS OFFICER (MON.) DATE OF HEARING: OCTOBER 25, 2004 TIME: 7:00 PM PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ►1 VICINITY MAP _ UTILITY PLANS 1 LANDSCAPE PLAN a SITE PLAN _. TREE PLAN Z IMPACT STUDY ►. NARRATIVE STORM H2O ANALYSIS STAFF CONTACT: Morgan Tracy, Associate Planner (503) 639-4171, extension 2428 �11 (\ September 24, 2004 CITY OF TIGARD p OREGON Stewart Strauss Stewart Strauss Architects 6170 SW Cherry Hill Drive Beaverton, OR 97008 Phillip Young Precision Construction Company 8025 NE Killingsworth St. Portland, OR 97218 RE: Completeness Review-Verizon Switch Expansion Case File No. CUP2004-00004/VAR2004-00056/57/58/59/60/70 Dear Mr. Strauss: I am in receipt of your letter dated September 15th regarding the determination of completeness for your application. While the city regrets the disparity in the completeness determination dates, and that the issue regarding a subsequent application for an adjustment, the City has serious concerns with the allegations spelled out in your letter. You noted that after two pre application conferences, the issue regarding the access spacing criteria was not raised. Both sets of preapplication notes indicate that the Access/Egress/and Circulation chapter applies. To attempt to blame staff for not citing all the specific criteria to you in a one hour preapplication conference ignores not only reason, but your responsibility as applicant to review and address the relevant criteria. You might also want to look at the note at the conclusion of the preapplication checklist that states: "The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City Staff relative to code requirements prior to submitting an application." You also note that the delay appears to be a "convenient means of `buying time' for selection of a hearings officer." This seems to criticize staff for providing you 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 information related to your application review and suggests some type of conspiracy. This city and its staff have no interest in avoiding our obligations under state and local law. Lastly, you submitted new information in response to my first letter of incompleteness on August 8th 2004. Twelve days later I responded with my letter indicating the issue related to access, and acknowledging receipt of the remainder of the required information. To assert that staff should have reviewed your first resubmittal with the same expediency (same day response) as your supplemental adjustment information is inaccurate and arrogant at best. Staff was attempting to facilitate a speedy response in light of the late discovery by moving your application re-review ahead of the 12 other applications that are pending or in review. Based on your comments, the City agrees to determine your application as complete on August 20, 2004 (the date of my second letter); however, the City will not include the requested adjustment to access spacing in its notice or review. This will likely result in the imposition of a condition of approval, unless the Hearings Officer is able to find that no such adjustment is required. Your application is scheduled for review before the Hearings Officer on October 25, 2004 at 7:00 PM. Sincerely, 4/47( Morgan Tracy Associate Planner C: CUP2004-00004 Case File is\curpin\morgan\workspace\cup\cup2004-00004 verizon switch\cup2004-00004 complete#2.doc __ ......■•••••■•■•••• - s , WOW* IIMPIPT'Pot Clo t - . 11P11$4 1-St.UNIIIN ,..-4)1111Tiat ,Abi G Pi^kettseCs 11 41rfo xe. 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I , o Ali.I.I.0.1.11.1Alivi •ritNipieptirprpopp 1 „vit.—111[111 T11111140 11111101IIIIIIIIIIIIIiirlIIIIIIIII4itieliiipkiii iliolipilisigitillusilil ..44.44444*- --..— NOTE I,OILS INICICNIUNIO 6 7 • • it 12 Mums!MI.!CUSS I , z_fiEtiw.i T/t ON INNN _— or si *ie. 48 is–of-of–el- al of et co II Ili II 05 00000 ■ c c 1.... -– "4 II Y 1 . __ 9/14/2004 11:19 ' FROM: Fax SGS Architects TO: 503684729' PAGE: 001 OF 002 F A X • • • • • SGS Architects To: Morgan Tracy Fax number: 5036847297 From: Stewart Straus Fax number: 503-672-7808 Business phone: 503-672-7517 Home phone: Date &Time: 9/14/2004 11:18:59 PM Pages: 2 Re: Verizon Switch Expansion - CUP2004-00004 et al To: Morgan Tracy Attached is a memo regarding completeness perfection for this application. Please respond as soon as possible. 9/14/2004 11:19 FROM: Fax SGS Architects TO: 503684729 PAGE: 002 OF 002 • Ilcnoranduri Date: 15 September 2004 To: Morgan Tracy, AICP, Associate Planner, City of Tigard Cc: Phil Young, Precision Construction From: Stewart Re: Verizon Washington Square RSU — 10000 SW Cascade Avenue CUP2004-0004, VAR2004-00056,57,58,59,60 I have received a copy of your letter dated 7 September 2004 to Phil Young at Precision Construction, which states that the application was deemed complete as of 2 September 2004. We concur that the application is complete and do not contest that determination. However, the establishment of the 2 September 2004 date is not correct and must be changed to reflect your receipt of my response to the completeness review dated 9 August 2004. It was subsequent to that date when you discovered additional requirements related to the issue of access spacing. It is my contention that we should not be penalized with a delay in the date of completeness resulting from a failure of the City of Tigard to advise us of all requirements for the project., since the date of completeness establishes the 120 day period within which the City must act on our application, and consequently the overall schedule for the project. The applicant has participated in two pre-application conferences, plus a meeting with you to discuss the items needed to perfect completion. At no time during this process was the issue of access spacing raised, or its code section number identified as one requiring our attention. Your letter advising us of the additional requirement noted that the application was considered complete except for this newly identified item. Your 2 September 2004 completeness date is the same date that the additional narrative was submitted to you. I presume that my 9 August 2004 revised narrative was addressed with similar expediency. I therefore demand that the completeness date be established as 9 August 2004, and all required subsequent reviews and hearings be scheduled accordingly. Please be aware that Verizon Northwest will suffer considerable financial damage should the land use review not be completed in the most expedient manner possible. Your correspondence has advised that the City of Tigard does not currently have a hearings officer and you have implied that this could affect the scheduling of the hearing for this application. The delay in perfection of completeness appears a very convenient means of"buying time" for selection of a hearings officer, since I doubt that the City of Tigard can use the absence of a hearings officer as a basis for delaying the required processing of this application. Your immediate response including correction of the date for perfection of completeness is needed. 51ewari Gordon 5irau5, Architect Planning - Design - ConSUliing 6170 5W Curry ttill Drive Peaverlon,Oregon 97008 Phone; (503)672-7517 Pax; (503)672-7808 E-mail: gq�gpi,c1ech,cori iivill ''' 44 CITY OF TIGARD September 7, 2004 OREGON Phillip Young Precision Construction Company 8025 NE Killingsworth St. Portland, OR 97218 RE: Completeness Review-Verizon Switch Expansion Case File No. CUP2004-00004/VAR2004-00056/57/58/59/60/70 Dear Mr. Young: The City has received the information necessary to begin the review of your Conditional Use and variance applications (CUP2004-00004NAR2004- 00056/57/58/59/60170). Staff has, therefore, deemed your application submittal as complete on September 2, 2004 and will begin the review process. Staff notes that additional information was submitted on September 2, 2004 to supplement the application (as requested by staff) to address the adjustment criteria for the driveway spacing standards of TCDC 18.705.030.H.2-4. The above referenced completeness date is established from the date that supplemental information was received and reviewed. If you disagree with staff's determination, please contact me as soon as possible. The estimated time for rendering a decision from the date an application is deemed complete is 6-8 weeks. The City is in the final stages of selecting a Hearings Officer, and upon such selection, a public hearing will immediately be scheduled. Hearings Officer meetings are held on the 2nd and 4th Mondays of the month. If you have any questions regarding your application, please don't hesitate to contact me at (503) 639-4171 ext. 2428. Sinc rely, (4-,_-___ - Morgan racy Associate Planner C: CUP2004-00004 Case File is\curpin\morgan\workspace\cup\cup2003-00010 wccca monopole\cup2003-00010 complete.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171 ., mailv ..... CITY OF TIGARD Fa)( To: Stewart Strauss From: Morgan Tracy, Associate Planner Fax: 503-672-7808 Pages: 1 Phone: 503-672-7517 Date: 9/2/2004 Re: Verizon RSU (CUP2004-00004) CC: ❑ Urgent ® For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: I am in receipt of your supplemental narrative, and appreciate your efforts in completing such. To respond to your questions, with regard to the completeness status of your application, it is deemed complete as of the receipt date of your latest supplemental information. My letter of August 20, 2004 was regarding "Notice of Incomplete Application Submittal" as you had not sufficiently completed your application package. As an alternative, you can claim that your application was complete on the August 20th date, but I will have to disregard this latest information and recommend denial of the application based on failure to meet the standards in the code. Please let me know immediately how you wish to proceed. Second, the implication that there may be some time without a hearings officer is accurate. The City is in the process of hiring a new hearings officer. Interviews are currently underway. As to the 120 day limitation, you are correct, state statute compels local jurisdictions to issue decisions within 120 days. Based on specific local statute of TCDC 18.390, there are no alternatives to processing your application absent a hearings officer. We are aware of this problem and are taking steps to rectify it within the confines of other limitations of law, including fair hiring practices, City policy, and contract requirements. It is our hope that we will be able to promptly schedule a hearing once these other requirements have been satisfied. For the purposes of calculating your 120 days, if you choose to forgo the supplemental information for the adjustment application, the 120 day limit will expire on 12/18/2004. If you choose to amend your application with the additional information then your 120 day limit will expire on 12/31/04. Thank you for your inquiry. 09/02/2004 16:55 FAX 5036847297 City of Tigard 11 001 • 'I PT*44**4.11 N Ih 11'Y64.4 ;k** TX REPORT *** ***$**$$$:1:$$$$*$***`k TRANSMISSION OK TX/RX NO 3427 CONNECTION TEL 5036727808 SUBADDRESS CONNECTION ID ST. TIME 09/02 16:54 USAGE T 00'46 PGS. SENT 1 RESULT OK Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171 /ii4 a 1/1/0i, • Fa)( CITY OF TIGARD To: Stewart Strauss From: Morgan Tracy,Associate Planner Fax 503-672-7808 Pages: 1 Phone: 503-672-7517 Date: 9/2/2004 Re: Venzon RSU (CUP2004-00004) CC: ❑ Urgent ® For Review p Please Comment Er Please Reply ❑ Please Recycle • Comments: I am in receipt of your supplemental narrative, and appreciate your efforts in completing such To respond to your questions, with regard to the completeness status of your application, it is deemed complete as of the receipt date of your latest supplemental information. My letter of August 20, 2004 was regarding "Notice of Incomplete Application Submittal" as you had not sufficiently completed your application package. As an alternative, you can claim that your application was complete on the August 20th date, but I will have to disregard this latest information and recommend denial of the application based on failure to meet the standards in the code. Please let me know immediately how you wish to proceed. Second, the implication that there may be some time without a hearings officer is accurate. The City is in the process of hiring a new hearings officer. Interviews are currently underway. As to the 120 day limitation, you are correct, state statute compels local jurisdictions to issue decisions within 120 days. 1 9/2/2004 1:36 F" FROM: Fax SGS Architects TO: 503684729" PAGE: 001 OF 003 F A X • • • • • SGS Architects To: Morgan Tracy, City of Tigard Planning Fax number: 5036847297 From: Stewart Straus Fax number: 503-672-7808 Business phone: 503-672-7517 Home phone: Date &Time: 9/2/2004 1:36:39 PM Pages: 3 Re: Verizon Washington Square RSU Attached is a supplemental narrative addressing the driveway spacing issue raised in your letter to Phil Young dated 20 August 2004. I would have responded sooner, but I had left on vacation that day. There are two matters that require your response due to the somewhat ambiguous language used in your letter. First, it is not clear if you have or have not established the application as complete. You state that my response to your original completeness letter was sufficient, but do not indicate if completeness was perfected based on that sufficiency. Second, you imply that there may be some period of time when the City is without a hearings officer. It is my understanding that under state law, once a submission is deemed complete, the jurisdiction has 120 days to act on an application regardless of the resources available or unavailable to it. Please clarify how the City intends to fulfill its obligation in the event that a hearings officer is not available at the time this project is scheduled for hearing. Thank you for your anticipated prompt response. 9/2/2004 1:36 T FROM: Fax SGS Architects TO: 503684729- PAGE: 002 OF 003 • VERIZON WASHINGTON SQUARE R.S.U. ADDITION & REMODELING NARRATIVE SUPPLEMENT — DRIVEWAY SPACING 3 SEPTEMBER 2004 E. ADJUSTMENT TO ACCESS AND EGRESS STANDARDS (18.705) Standard: "...where access and egress drives cannot be readily designed to confirm to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment based on the following criteria: 1 . It is not possible to share access 2. There are no other alternative access points on the street in question or from another street 3. The access separation requirements cannot be met 4. The request is the minimum adjustment required to provide adequate access 5. The approved access or access approved with conditions will result in a safe access 6. The visual clearance requirements will be met Findings General: The existing access and egress drive was approved at the time of the original development; either this approval was granted with the adjoining developments (including driveways) in existence, or the approval for the adjoining developments (including driveways) was approved subsequently to this original development. In either case, between one and three driveways were approved contrary to the spacing standard now in effect. The existing access/egress drive is available for use by the convenience store to the north by recorded easement. This access/egress is needed by the convenience store to accommodate its larger delivery trucks, which require a drive-through route in combination with its main access/egress from SW Greenberg, since there is inadequate space on the site of the convenience store to allow for turn-around maneuvering. The parking lot to the west of this site is situated several feet lower, but has two points of access from SW Cascade. The service station to the east of this site has access from both SW Cascade and SW Greenberg due to the access and maneuvering required appropriate to that use. Stewart Gordon 5trau , Architect Planning - Deign - Gon5ultinq 6170 5W Cherry hill Drive Deaverlon,Oregon 97008 Phone: (503)672-75/7 l=ax: C503>672-7808 E mail; . gr pirelech,com 9/2/2004 1:36 F cROM: Fax SGS Architects TO: 503684729"' PAGE: 003 OF 003 • Verizon Washington Square RSU Supplemental Narrative — Access/Egress 3 September 2004 Page 2 Specific Criteria: 1 . "It is not possible to share access" —Access is already shared through this site to the convenience store to the north for its benefit. Closure of the existing driveway from SW Cascade would not be acceptable to the convenience store, as is made clear in their letter included in the submission package. Access from the service station to the east is not practical due to the layout of existing traffic patterns and buildings/features on that site. Access from the site to the west is not practical due to the change in grade that would need to be accommodated between the two. 2. "There are no other alternative access points" — The existing access/egress drive occupies the entire street frontage of the subject parcel — no other access points are available. 3. "The access separation requirements cannot be met" — Even if this access/egress driveway were deleted, the remaining driveways to the east and west on adjoining parcels would still not comply with the spacing requirement. The sizes of the existing parcels along SW Cascade preclude the option for spacing in compliance with the requirements without shared access, and since all development was completed before shared access was a required option, it conditions are not conducive to shared access without significant modifications on the adjoining parcels in addition to this site. 4. "The request is the minimum adjustment required to provide access" — Since the adjustment is to allow the existing conditions to remain, and since no other options are reasonably available, this adjustment is the minimum possible. 5. "This access will be safe" — The existing conditions have been in use for many years, during which time their safety can be demonstrated by records of accidents. The limited use of this access/egress by service vehicles only contributes to its high degree of safety. 6. "The visual clearance requirements will be met" — Compliance with the visual clearance requirements was addressed in the original narrative. 5fewarl Gordon Straus, Architect Planning - Design - Consulting 6170 5W Cherry hill Drive Deaver/on,Oregon 97008 Phone: (503)672-7517 Pax. (503)672-7606 E-mail. ,q agpirclech.cor7 CITY OF TIGARD August 30, 2004 OREGON West Hills Development Attn: Dan Grimberg 15500 SW Jay Street Beaverton, OR 97006 RE: Letter of Incompleteness, Arbor Summit II, Casefile No. SUB 2004-00013 Dear Mr. Grimberg: Staff has had an opportunity to review your application submittal. While many of the necessary materials were included in your application, there remain several items that require either clarification or are missing. These are listed below: 1 . Waste Hauler Letter. You either need to address the standards of TCDC 18.755 or submit a verification from Pride Disposal that the site is serviceable. 2. Envelopes with Postage. This is to notify you that the labels on the enclosed envelopes will expire September 29, 2004. If the application is not complete by that time, new labels will be required. 3. Number of Application Materials. Please submit 15 full sets of your application materials, including any material already submitted to date. Make sure that all over-sized plans are folded to 8 Y2 by 11" size, and that the material has been collated into sets. Only 3 copies of oversized plans are required. 4. Street Lighting Plan. Street lights are not shown on your plans. 5. Visual Clearance Areas. The vision clearance triangles are not shown on your plans. 6. Tree Protection Plan. As no trees have been retained, no protection for on-site trees is required (obviously), however, the tree survey indicates a 36 inch fir off-site. It appears from the aerial picture that the canopy does not extend into your property, but you should include at least a notation that protection fencing will be established at the property line or canopy edge (whichever is greater) for this off-site tree. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 7. Subdivision Name Reservation. No plat name reservation from Washington County is included to demonstrate the plat name is not duplicative. 8. Public Facility Issues. Respond to the Public Facility Completeness Issues (attached). 9. Street Connectivity Issues (not a matter of technical completeness). You note in your application that no vehicular connection to the west is proposed as this is the location of the school site. The Conditional Use application has been appealed to the City Council, and there is indication from the appellant that this may be appealed to LUBA. One of the items under contention is the granting of a variance to the requirement for an east-west street connection, which would generally align with SW Winterview Drive. As you may realize, this will affect the plan for proposed Tract A. Until there is a final decision, the City cannot consider the school "preexisting development" that hampers a connection to the west. Should you have any questions with regard to these items, please feel free to contact me at 503-639-4171, extension 2428. Since rely, Morgan Tracy Associate Planner C: SUB2004-00013 Land Use File LDC Design Group Attn: Terry Kinny 20085 NW Tanasboume Drive Hillsboro, OR 97124 PUBLIC FACILITY PLAN Project: Arbor Summit No. 2 COMPLETENESS CHECKLIST Date: 8/90/04 GRADING ® Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? No ® Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ® Right-of-way clearly shown. ® Centerline of street(s) clearly shown. ® Street names) shown. ® Existing/proposed curb or edge of pavement shown. ® Street profiles shown. _ ❑ Future Street Plan: Must show street profiles, topo No connection shown to the west(pedestrian on adjacent parcel(s), etc. or otherwise) ® Traffic Impact and/or Access Report ® Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? No -provide 6'sidewalk along BMR, Greenfield pavement width is 32 feet curb-to- curb. ® Private Streets? Less than 6 lots and width appropriate? ❑ Other: SANITARY SEWER ISSUES ® Existing/proposed lines shown. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/sizes noted? Public water lines will terminate at the ROW of Greenfield Road. ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? Meters must be banked at the ROW of Greenfield Road. ❑ Proposed fire protection system shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention Provide calculations for Arbor Summit that provided? include Arbor Summit No.2 ❑ Water quality/detention facility shown on plans? Provide overall plan that shows the facility proposed to serve both Arbor Summit and Arbor Summit No.2 ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? REVISED: 08/10/04 The submittal is hereby deemed [l COMPLETE ® INCOMPLETE By: //(ik Date: 8/10/04 REVISED: 08/10/04 I CITY OF TIGARD August 20, 2004 OREGON Phillip Young Precision Construction Company 8025 NE Killingsworth St. Portland, OR 97218 RE: Notice of Incomplete Application Submittal — Verizon Switch Building Addition CUP2004-00004NAR2004-00056 through 00060. Dear Mr. Young: The city has had an opportunity to review your resubmittal and concurs that you have sufficiently responded to the items raised in that letter. However, based on a discovery on another application, and the City's interpretation of the applicable access standards in Chapter 18.705, a new issue has arisen. Tigard Development Code section 18.705.030.H. states: "The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet." SW Cascade Boulevard is a collector road. The adjacent driveway is approximately 35 feet to the west and 55 feet to the east measured from centerline to centerline. The criteria for an adjustment to this standard are: Adjustment to access and egress standards (Chapter 18.705). a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. b. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; (2) There are no other alternative access points on the street in question or from another street; (3) The access separation requirements cannot be met; (4) The request is the minimum adjustment required to provide adequate access; 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 (5) The approved access or access approved with conditions will result in a safe access; and (6) The visual clearance requirements of Chapter 18.795 will be met. You will need to supplement the record with a statement that addresses these specific adjustment criteria. I will include your response with your existing submittal package. Also, I should note that the City's current Hearings Officer has retired. The City is in the process of recruiting a replacement; however, the exact scheduling of this rehiring effort is not known at this time. It is our hope that we will have a replacement available by mid-September. If you have any questions, please feel free to contact me at 503-639-4171, x2428. Sincerely, Morgan Tracy Associate Planner is\curpin\morgan\workspace\cup\cup2004-00004 verizon switch\cup2004-00004 complete.doc c: CUP2004-00004 Land use file ' PUPI21C FACILITY PLAN Project: Arbor Summit No. 2 COMPLETENESS CHECKLIST Date: 8/10/04 GRADING ® Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? No ® Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ® Right-of-way clearly shown. ® Centerline of street(s) clearly shown. ® Street name(s) shown. _ ® Existing/proposed curb or edge of pavement shown. Street profiles shown. Future Street Plan: Must show street profiles, topo No connection shown to the west(pedestrian ' on adjacent parcel(s), etc. or otherwise) _ ® Traffic Impact and/or Access Report jrk Street grades compliant? ❑ I. Street/ROW widths dimensioned and appropriate? No -provide 6'sidewalk along BMR, Greenfield pavement width is 32 feet curb-to- curb. R Row 35f Ao ® Private Streets? Less than 6 lots and width appropriate? Z3 Nil AA ❑ Other: (., O �5 '/�,« , n- SANITARY SEWER ISSUES /5 ® Existing/proposed lines shown. 41.6v (p' 5/V/ ❑ Stubs to adjacent parcels required/shown? ' EM TO Qw Co RTER ISSUES Existing/proposed lines w/ sizes noted? Public water lines will terminate at the ROW of Greenfield Road. Existing/proposed fire hydrants shown? Proposed meter location and size shown? Meters must be banked at the ROW of Greenfield Road. ❑ Proposed fire protection system shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? j' Preliminary sizing calcs for water quality/detention Provide calculations for Arbor Summit that provided? include Arbor Summit No.2 Water quality/detention facility shown on plans? Provide overall plan that shows the facility proposed to serve both Arbor Summit and Arbor Summit No.2 ❑ Area for facility match requirements from calcs? ❑ _ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? REVISED: 08/10/04 • Z'¢-0 The submittal is ereby deemed ❑ COMPLETE XNCOMPLETE By: Date: 8/10/04 • REVISED: 08/10/04 S 11111 RECEIVED 2004 cii Y OF FIGARO ,:i `►GTNGINEERING Memorandum Date: 9 August 2004 To: Morgan Tracy, AICP, Associate Planner, City of Tigard Cc: Phil Young, Precision Construction From: Stewart Re: Verizon Washington Square RSU — 10000 SW Cascade Avenue Completeness Review— CUP2004-0004, VAR2004-00056,57,58,59,60 This is our response to your completeness review letter dated July 26, 2004. Our response is in reference to the various numbered items in your letter. 1. Construction Cost Estimate: See attached Precision Construction letter dated 4 June 2004 2. Lighting Plan: Lighting fixtures for the exterior of the building have been shown on drawing A2. Fixtures proposed are 150 watt metal halide with cut-off baffles to prevent distribution of light significantly beyond the Verizon site, and to obscure visibility of the lamp source in order to eliminate glare. The specific fixture will be selected by the contractor and can be submitted to the City to demonstrate its performance characteristics if required. 3. Narrative: A narrative with revisions to the sections noted with your concerns has been prepared and is attached herewith. 4. Public Facility Items: I have researched the survey records for this area and have added two drawings on sheet AO describing existing site and right-of-way conditions and proposed site and right-of-way conditions subsequent to the required right-of-way dedication. The surveys used for reference are #1468 dated 4/4/73 and #11314 dated 11/4/68. These both indicate a 50' right-of-way for SW Cascade Avenue, 25' each side of the centerline. The required 37' from centerline dimension required by the City of Tigard will require a 12'-0" dedication, which is also shown on drawing Al site plans and drawing L1 landscape plans. We have also noted that the applicant agrees to enter into an Agreement for Future Street Improvements (Restrictive Covenant). 5. Number of Application Copies: As required, attached herewith are seven (7) full sets of application materials, three (3) large size sets of plans, and four (4) 11 x 17 size sets of plans. . 1ewarl Gordon 511'au5, Archifecl Planning - Deign - Consullinq 6170 5W Chary bill Drive £ eaverfon, Oregon C 7OO6 Phone ( O3)672-7517 Fax: ( Q )672-7808 5g5a.spirefechcori 6-`I Ana CITY OF TIGARD July 26, 2004 OREGON Phillip Young Precision Construction Company 8025 NE Killingsworth St. Portland, OR 97218 RE: Completeness Review-Verizon Switch Expansion Case File No. CUP2004-00004NAR2004-00056/57/58/59/60 Dear Mr. Young: The City has received your application for Conditional Use Approval (CUP2004-00004) to remodel and expand the existing communications building located at 10000 SW Cascade Avenue. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1 . Construction Cost Estimate. A rough calculation of the projects construction value is required. 2. Lighting Plan. Either a description of the site lighting or a revision on the plans to indicate how (or if) the site will be lit. Note that lighting is not permitted to glare onto adjacent property. 3. Narrative. You have included a narrative, and in that sense this is not a matter of technical completeness. However, with regard to demonstrating the criteria for granting the adjustments and variances the responses seem scant. Similarly, the response to chapter 18.810, Street and Utility Improvement Standards is a bit brief. There is also a minor inaccuracy (typo?) in the table for 18.520 commercial zone development standards. As this is a matter to be heard before the Hearings Officer, it is important that there be sufficient evidence in the record for staff to make positive findings. It is beyond our scope to assume facts. 4. Public Facility Items. Please provide the information required by our development review engineer, as shown on the attached sheet. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 5. Number of application copies. Please submit an additional 7 FULL SETS of your application materials: plans, written documents, forms etc, along with three large size sets of plans, all other plans may be reduced to 8.5x11 or 11x17. The resubmittal must include everything; background material, preapp notes, application form, everything that you are relying on for your application package. Incomplete sets will not suffice and will cause further delays in staffs review. Should you have any questions with regard to these items, please contact me at 503-639-4171. Sin erely, Morgan Tracy Associate Planner c: CUP2004-00004 Land Use File is\curpin\morgan\workspace\cup\cup2004-00004 verizon switch\cup2004-00004 incomplete.doc J PUBLIC FACILITY PLAN Project: Verizon WA Square COMPLETENESS CHECKLIST Date: 7/6/04 GRADING ❑ Existing and proposed contours shown. _ ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. Show existing and proposed ROW on plans ❑ Centerline of street(s) clearly shown. Show on plans ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. Show on plans ❑ Street profiles shown. 1 I Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? Show on plans ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: Street Improvements Applicant must agree to enter into an Agreement for Future Street Improvements (Restrictive Covenant) SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submit`t.l is hereby deemed n COMPLETE E INCOMPLETE BY: /`` uii Alf I1 IL Date: 7/6/04 REVISED: 07/0./04 Project: v e--/l ZOt�► 7wtTG� LAND USE APPLIC TION Date: 7fZZJo9 COMPLETENESS REVIEW ❑ COMPLETE 'INCOMPLETE ST1iNDARD INFORMATION: M Deed/Title/Proof Of Ownership Neighborhood Mtg. Affidavits, Minutes, List Of Attendees Impact Study(18.390) [911 f USA Service Provider Letter Construction Cost Estimate -7 # Sets Of Application Materials/Plans L Pre-Application Conference Notes ©v Envelopes With Postage (Verify Count) PRQJECT STATISTICS: Q/ Building footprint Size [J''' a Of landscaping On Site Gr.- %Of Building Impervious Surface On Site oLot Square footage PLANS DIMENSIONED: ❑ Building Footprint ❑ Parking Space Dimensions(Include Accessible&Bike Parking) LI Truck Loading Space Where Applicable ❑ Building Height ❑ Access Approach And Aisle ❑ Visual Clearance Triangle Shown ADDITIONAL PLANS: W[ Vicinity tap (117 Architectural Plan OA- Tree Inventory Q� Existing Conditions Plan Landscape Plan 4A Site Plan Lighting Plan TREE PLAN/MITTIGATION PLAN: C I �J/1 3 I "(,l(um ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ - ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: []" 18.330(Conditional Use).- El, 18.620(Tigard triangle Design Standards) d 18.765(OH-Sweet Parking/Loading Requirements) - El18.340(Directors Interpretation) �/18.630(Washington Square Regional Center ,- ❑ 18.775(Sensitive lands knew) ❑ 18.350(Planned Development) Ud 18.705(Access/Egress/Gradation) -- Er 18.780(Signs) --- ❑ 18.360(Site Development knew) - -- l� �x�,,,st o„r ❑ 18.710((yaw/ esidenoil Units) ❑ 18.785(Temporary Use Pamirs) ❑ 18.370(Yuiancts/Adjuttments).<- IV""' ❑ 1 8.715,a.s- r imputat ons) R 1 8.190(tree Removal) _ ❑ 18.380(zoning Nap/Text Amendments) p 18.120(Design Campatibikey Standards) 4 18.195(rmsal Oeuance kegs) - ❑ I8.38S(niceraneat Pe„nits) [+z 18.725(Environmental Performance Standards)- ❑ 18.797 mate("mural(wart)Overtly Osstact) j( 18.390(Decision Waking Procedures/Impact Study) ••••• ❑ 1 8.730(Exceptions to Development Standards) 18.798(Winless rauniation Facilities) ❑ 18.410(ot tine adpstments) ❑ 18.140(Historic Overlay) 18.810(Street a Utility rmpnarement Standards) El 18.420(land Pareians) 1.2„-18.742(Nome Occupation Permts) ❑ 18.430(Subdinsiam) LA 18.745 .andsaping a Screening Standards) --" ❑ 18.510(Res(dential toning Districts) L rt o w^ ❑ 18.150 p utictured/Nobd Home Regulations) .( 18.520(Cam enial Zoning District)-S p s Of'1'1 [f 18.155(fixed Solid Waste/recydng smrage)--- ❑ 18.530(Industrial toning Districts) %A'� ❑ 18.160(Nonconksmring Situations) ADDITIONAL ITEMS: -j 1a4.rtte, 9 tt, /!fie-ena t viktr- ('e44/CL,et V f laet 5 l:lcurpin\mastersVevisecNand use application completeness review.dot REVISED: 17-Jan-01 PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (ITT or n�wn.o eeon Community Oev ek pmen t Siapinfjyl Better Community (Pre-Application Meeting Notes are Valid for Six (6) Months) NON-RESIDENTIAL SWAT : gK, Xm 1= APPLICANT: Pken3'i01 C19oS-rUCkaNn AGENT: 'It Younc, Phone: (s L 4 1S1 Phone: ( ) ;btc PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 10000 SO CASc_a AJE TAX MAP(S)/LOT #(S): I MOM - 60-100 NECESSARY APPLICATIONS: (SF_, PROPOSAL DESCRIPTION: 4,0?owl - i ec�G•.cf er Q. s��nc 4.11A-,A S43*yrcA:f\e6 "Sir air: er\ 0(.4 -c vit- Uual-e- A/1,e c pre.c-nrrs Dna �tt �ccVE -Crsk COMPREHENSIVE PLAN 1 MAP DESIGNATION: Olt was) 'p • ec 4=q— ZONING MAP DESIGNATION: I40C CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: Cets ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5 an ] MINIMUM LOT SIZE: sq. ft. Average Min. lot width: 0 ft. Max. building height: 'T,Ltr'‘ ft. Setbacks: Front /6 ft. Side er ft. Rear ft. Corner 91 ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: IS %. [ ] NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section RI NARRATIVE (Refer to Code Chapter 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. .4' IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050] As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. I , ACCESS (Refer to Chapters 18.705 and 18.165) Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: Li WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. SPECIAL SETBACKS (Refer to Code Chapter 18.730) D STREETS: feet from the centerline of D LOWER INTENSITY ZONES: feet, along the site's boundary. D FLAG LOT: 10-FOOT SIDE YARD SETBACK. SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.B.] BUILDING HEIGHT EXCEPTI S - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: A maximum building floc area to site area ratio (FAR) of 1.5 to 1 will exist; D All actual building setb ks will be at least half (1/2) of the building's height; and The structure will not, but a residential zoned district. [v( BUFFERING AND SCREENING (Refer to Code Chapter 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. - feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: Y k,r,rl-tiff , . LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.1051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. I I PARKING (Refer to Code Section 18.765.040) REQUIRED parking for this type of use Parking SHOWN on preliminary plan(s . SECONDARY USE REQUIRED park' g: Parking SHOWN on preliminary plan ): NO MORE THAN 50% OF REQUI ED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dime sioned as follows: 'r Standard parking space dim nsions: 8 feet, 6 inches x 18 feet, 6 inches. - Compact parking space di ensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKIN : All parking areas hall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provi ' d, as well as the parking stall dimensions, are mandated by the Americans with Disabilities A (ADA). A handout is available upon request. A handicapped parking space symbol shall be p inted on the parking space surface and an appropriate sign shall be posted. :- BICYCLE RAC ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. I I LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loadi space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-Residential Application/Planning Division Section I I BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regul ions for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. I STEEP SLOPES (Refer to Code Section 18.775.080.C) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEANWATER SERVICES(CWS)BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA4 CORRIDOR PER SIDE5 • Streams with intermittent flow draining: <25% 15 feet # 10 to <50 acres >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre _ 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 30 feet * 10 to <50 acres • >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4 Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON-Residential ApplicationlPlanning Division Section Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. SIGNS (Refer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. I I TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.C.) A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; ► Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. MITIGATION (Refer to Code Section 18.790.060.E.) REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential ApplicationiPlanning Division Section ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. . CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25: eet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTSHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.765(Off-Street Parking/Loading Requirements) - 18.340(Director's Interpretation) _.. 18.630(Washington Square Regional Center) 18.775(Sensitive Lands Review) 18.350(Planned Development) -Z 18.705(Access/Egress/Circulation) - 18.780(Signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) - 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) _18.790(Tree Removal) - 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) 18.798(Wireless Communication Facilities) - 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 18.810(Street&Utility Improvement Standards) - 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) 1! 18.745(Landscaping&Screening Standards) - 18.510(Residential Zoning Districts) /18.750(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) ✓ 18.755(Mixed Solid Waste/Recycling Storage) _ 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: J'F )', 'V,o C\ SC' I r i 4 j1N e_% _1 l,t K1 cC "Cr. cie, c-cA..4" kaz C.Q�•�`e-ke. f\e c. ht- Ort-,008 twee` :r1 gets F#\Qs\ f,F`IC�� as ( C K1 RA-TA M Oct AGUec1 ' A\. Aw-aQ ., Cr'Ap..C,(lc �'o, rG.c . s 4,n-V G -- C-Neckcd On Face Cr/ nC 1,: r ^epcx . ��iy 'CfzE,E Su:uen "* CI`Br�n OPrrex2 ■49r41 rP> St?r'V,n e P`oNi t PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 8h/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential ApplicationiPlanning Division Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard C Cr3,.:��. 1 A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: .\!c `\ CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-7297 E-MAIL (staffs first name)©Ci.tigard.or.Us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:lpattylmasters\Pre-App Notes Commercial.doc Updated: 3-Oct-02 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES Alt-l 4 11 - \ ➢ ENGINEERING SECTION CeCftyofTiga Tigard, Shaping Better Community PUBLIC FACILITIES Tax Mattis): 1S135BC Tax lottsl: 200 Use Type: Addition The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Cascade Avenue to 37 feet from centerline (Collector, 3 lane with bike lanes) SW to feet SW _ to feet SW to feet Street improvements: X Half street improvements will be necessary along SW Cascade Avenue, to include: ® 23 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 8-foot concrete sidewalk with planter strip ® street trees ® street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: CITY OF TIGARD Pre-Application Conference Notes Page l of 6 Engineering Department Section street improvements will be necessary along SW , to include: ❑ feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees [ I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: 1 I feet of pavement 1 I concrete curb storm sewers and other underground utilities -foot concrete sidewalk 1 1 street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. 1 I Other: street improvements will be necessary along SW , to include: 1- 1 feet of pavement concrete curb I I storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: 1 1 street improvements will be necessary along SW , to include: 1 1 feet of pavement concrete curb I I storm sewers and other underground utilities J -foot concrete sidewalk street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Cascade Avenue. Prior to Final Inspection, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to Water Supply: The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section drainage plan for the site, E may be required to prepare a suF sin drainage analysis to ensure that the proposed system wiii -ccommodate runoff from upstream _,perties when fully developed. Detention is required if the net, new impervious surface area exceeds 5000 square feet. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: Construction of an on-site water quality facility. X Payment of the fee in-lieu. If the net, new impervious surface area exceeds 1000 square feet then an on-site facility is required. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) Show how roof runoff will be handled. 2) Provide impervious surface area calculations. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay the TIF CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: i111 44A / cn ,(,L 3 0 ENGINEERING DEPARTMENT STAFF DATE Phone: 15031 639-4171 Fax: 15031624-0752 document2 Revised: September 2,2003 CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Department Section PRE-APPLICATION Alp+ CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION / FOR STAFF USE ONLY c-4.5 Applicant: PA, A9.71/41 (-64) Tie U G�/�.V r Address: 802-5-gt/1t (</LL /a)oslr Z one: sr.2)3 25'3 4N2-7 Case No.: PR G -000a City: ©g TCD`I7-co p2 Zip: 9 7Z/ 8 Receipt No.: }`�`l ' 5/9-7)-)i. Application Accepte By: /Cy9 Contact Person: rk!< y� i1�G Phone: / Date: 3/./`l vy Property Owner/Deed Holder(s): ,/ / ,. /L DATE OF PRE-APP.: Uri Zoe iVcfQ tiff T o L�7/`ST Sr TIME OF PRE-APP.: /e figOolE Address: _ [q ��1/Q 41 Phone: Q/ 2—� 2/ 51t� PRE APP. HELD WITH City' j ,c�Zt 6�/�r Zip: gCh2.Qk• Rev 11/8/2002 i:\curpin\masters\revlsed\Pre-AppRequestdoc Property Address/Location(s): ocoo CA-XC.Pe 4-yE REQUIRED SUBMITTAL ELEMENTS 47R_p CA, 7 Z 2 3 (Note: applications will not be accepted without the required submittal elements) Tax Map & Tax Lot #(s): / S / 3 S BG de) Zoning: UG ❑ Pre-Application Conf. Request Form Site Size: p° 7 sq- SQ Fr 3 COPIES EACH OF THE FOLLOWING: Brief Description of the Proposal and any site-specific questions/issues that PRE-APPLICATION CONFERENCE INFORMATION you would like to have staff research prior to the meeting. All of the information identified on this form are required to be / submitted by the applicant and received by the Planning Division a L !' Site Plan. The site plan must show the minimum of one (1) week prior to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and weeks of the Planning Division's receipt of the request for either across the street. Tuesday or Thursday mornings. Pre-application conferences are ["The Proposed Uses. one (1) hour long and are typically held between the hours of ❑ Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant 8:00-4:00/MONDAY-FRIDAY. must attach a copy of the letter and proof in the form of an affidavit of IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE was completed (see Section 18.798.080 INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM of the Tigard Community Development ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code). GROUP. ❑ Filing Fee $287.00 CITY OF TIGARD 3/25/2004 13 12 5 SW Hall Blvd. 10:32:24AM Tigard,Oregon 97223 'h_ (50 3)63 9-417 1 Receipt#: 27200400000000001202 Date: 03/25/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2004-00027 [LANDUS]PreApp Conf 100-0000-438000 287.00 Line Item Total: $287.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Pa Check PRECISION CONSTRUCTION kjp 00043707 In Person 287.00 COMPANY Payment Total: $287.00 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER PRECISION CONSTRUCTION COMPANY Embank, 805 SW Broadway,Suite 2100 1-800-673 Portland.OR 97205-3361 °86a°kCOm Check No. (503)221-8811 Verified by Positive Pay 00043707 f Check Date Net Amount PAY 03/22/04 $*******287.00 TWOHUNDRED EIGHTY SEVEN AND 00/100 ************************************************ Dollars General Account THE CITY OF TIGARD 89826 ORDER OF „kik/ r,40 MP FOR SECURITY.THIS DOCUMENT CONTAINS MICRO PRINTING IN SIGNATURE LINE AND A REFLECTIVE WATERMARK ON THE BACK-HOLD AT AN ANGLE TO VIEW. I'.Igc' 1orI cReceipt.rpt • le 24 March 2004 City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, Or 97223 Re: Pre-Application Conference Request Narrative To Whom it May Concern: The following is a brief description of the proposal: Verizon Northwest proposes to construct a 12' x 28' and a 16' x 16' addition to the existing Verizon Telephone Equipment Building located at 10000 SW Cascade Avenue, Tigard, Oregon. Verizon requires the building addition to accommodate service growth in the area. The legal description of the site is 1S135BC 00200 and currently is zoned MUC. There is also an existing perpetual, mutual and reciprocal easement with two adjoining parcels, lots 201 and 202. Verizon's intent is to maintain the easement by widening the access to accommodate the building expansion. Verizon will maintain the minimum 15% landscape requirement, but will appeal the minimum two-story building height requirement. Verizon will provide one (1) parking space for service vehicles. Verizon also plans to remove an existing underground diesel fuel storage tank serving the generator and replace it with an above ground, DEQ approved storage tank. The existing generator will be replaced with a new Cummins "Quiet Site" model. Thank you for your consideration of our request. Sincerely, ., d177.87,64WZ/l/f4Yd-/),v_die-e_ei Stewart Gordon Straus, Principal 5lewarl Gordon 5frau5, Archileci Planning - DeSign - ConSullinq 6170 5W Cherry MI Drive t eaverfon,Oregon 97008 Phone; (503)672-7n/7 Fax: ( 03)672-7806 gso5pireiechcor? \ \ 1 I 1027.6 / I0 39.3 i17pp _ 251.83 .97 /licCosS 20 2 0 358.60 Ps 300 .69 AC. N 0 1.43 Ac. ° 0 in ref �� I / r- l/ \ 2 / N?� ,o \ / 31.60 164.26 ss.. ` / ; / 201 V '" / .35AC. (CS. 21,076) v `b I S 135 BC boZ�U r 48.37 4f. 788 c 75.69 ,c.. ^ = 20010 N oe p�" 6,08 i �4 a� S I .� t- 0 Y .20 AC.. • �. Jo A. '�9pt . ry 100 • k °P SVJ `w � .66 AC. ab %. CASCitDE AV = p oil It o so Rs?:3 PI M C',9S 6. . a o �l o/.f........ ...------"'"-----°- 'a..�= 6.38 52.55 i V � fig° '! ... 91_39106 . 0 ASI N 9./-1.)o -''��3dd 1494 �� 3� - AVENUE 2 f Nif Ta I 1087 Ix ..% ' �t SEE MAP x 0 IS I 338D I 48 - I 2732 / % lv - X'" if-,X/t?/.J6 ‘--Q0 a 1°A4e71/T ' / /4Ir BU 1 i-Zo 10V6. i 1 1 1/44, 1 0 i I \ �o 1 I _ PAR1 I . ----. 0- a9 1 M ib r r, i M I'': Zo o M SA V X I7-c, / C-44 vie Ito .- J 181.4)6- /2)0.00 SW GrM c-,'1-v 6 Ti&Xliedi 0)C 1 Revs$1A -e•./T I `' __ r� r• • • •I . ' . - . . ., . .•• • p . • • : . . • • ' . d„, . ,,,,,,, ..;,, .i. .... (E) LANDSCAPING. , i y • (2 sir ,/ . , . . • • • "'R/i, S.1%. /241' %sr ". '' ‘v42. ac, . 1 . . • ,ems ' . / da � � . i. /%Z ' / . . .4c'4 ,44 ,44411,3t, .• • lip /x . / . • i / gp� (E) BUILDING / .,..* .• . ./ ' v \i � . ,, �resA R I i i • • y PANEL `' - y 1 ``,�• o o Jc.,,, • • 1 . / o n.vs Js • AP°41.'s-) ,. / 1 . . • • • "v. , / • •. it• 1, e3" 4,, -Jt, 4ip / / • . . .\\ ,,s,s.,41°76kss.istitiolcill174116p . • ' °ate 11S*4. . . ' i '3 ¢ C _ ' SOB cif r iA t • . . '‘‘te.T;c 4 . '(.)DueXDorarAow4 C� "s •vj_ , • . �, 8La[s 5440 801 S 5� ua' fio• VEle,zo.�, carts of aY.l•s6 V�►zl?aw JLaLL rs.....,,N................ ...._ /o 00o sw Doa.c.ra*- e • TiToflG . z PRE-APPLICATIONANFERENCE NOTES t na��.. � Communrty(nevefipment ., S(tapingA(Mier (Pre-Application Meeting Notes e4Vaiid for I 6 Months NON-RESIDENTIAL 111/17P/v1GCCE 61�7103 - sAIf APPLICANT: f7L 11,0 Yotniti AGENT: Phone: (*in 2,53 -4 05-6 l Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: /0000 G(.•J Cac G4.04_,kt, TAX MAP(S)/LOT #(S): 15135$6 OOZG° _ NECESSARY APPLICATIONS: GA-17 ((,4,{><e»4I (4c.re,...PO PROPOSAL DESCRIPTION: Ere:L,.rd t^ 4f #40w . t?. I 5t,,,dc,4 Wey COMPREHENSIVE PLAN MAP DESIGNATION: M 0L M,x CA t.- Conn,nerrta( ZONING MAP DESIGNATION: AUG CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 51,0 l MINIMUM LOT SIZE: :9, sq. ft. Average Min. lot width: IcZ ft. Max. building height: ZOO ft. Setbacks: Front n ft. Side bZ ft. Rear 0 ft. Corner -r) ft. from street. MAXIMUM SITE COVERAGE: t % Minimum landscaped or natural vegetation area: 15 %. LLI NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential Application/Planning Division Section ( vr NARRATIVE [Refer to Code Chapter 18.3901 spezi 124-.7 An fo 16 33°g'g.630 The APPLICANT SHALL SUBMIT A NARRATE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. I U( IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. u a; __r• ,,nw,y pe 5 l,tt-cj f�0 1$37°ozv.(c X's.) 1 V17 ACCESS (Refer to Chapters 18.705 and 18.7651 Minimum number of accesses: Minimum access width: 36 Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: vi WALKWAY REQUIREMENTS (Refer to Code Section 18.705.0301 VVActu/+u. r 't(d / np f-?rot/4 ac. WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. I I SPECIAL SETBACKS (Refer to Code Chapter 18.130) ➢ STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet, along the site's _ boundary. >- FLAG LOT: 10-FOOT SIDE YARD SETBACK. I I SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Section 18.730.010.8.) BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: ➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least half(1/2) of the building's height; and ➢ The structure will not abut a residential zoned district. I I BUFFERING AND SCREENING (Refer to Code Chapter 18.145) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON-Residential Application/Planning Division Section The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: 1 -► LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. L i RECYCLING [Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. HI PARKING (Refer to Code Section 18.765.040) REQUIRED parking for this type of use: b Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. • Compact parking space dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: • All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. • BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON Residential Application/Planning Division Section [1 BICYCLE RACKS (Refer to Code Section 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ; I I SENSITIVE LANDS (Refer to Code Chapter 18.7751 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. I I STEEP SLOPES (Refer to Code Section 18.775.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. Li CLEARWATER SERVICES(CWS)BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT a WIDTH OF VEGETATED TO SENSITIVE AREA CORRIDOR PER SIDE5 ♦ Streams with intermittent flow draining: 25 1 10 to <50 acres 15 feet >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 10 to <50 acres 30 feet • >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure ♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine(break in ♦ Natural lakes and ponds <25%slope), add 35 feet past the top of ravine6 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement 5 Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 • NON Residential Apptcalion/Planning Division Section • Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIE3ENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. _ CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. I SIGNS (Refer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. of TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.C.1 ►1 (401x- re-44'4 A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: • Identification of the location, size and species of all existing trees including trees designated as significant by the City; • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; + Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed; and • A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. ( l MITIGATION (Refer to Code Section 18.790.060.E.1 REPLACEMENT OF A TREE shall take place according to the following guidelines: • A replacement tree shall be a substantially similar species considering site characteristics. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON Residential Application/Planning Division Section Y If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: 0 The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. Y The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. I ' CLEAR VISION AREA (Refer to Code Chapter 18.795) 54t°... °n s r k.. pic-i 64/ r e c, e*v/ L4i ref'/e Bc ti ) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2%2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. CODE CHAPTERS ' 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.765(Oft-Street Parking/Loading Requirements) 18.340(Director's Interpretation) i 18.630(Washington Square Regional Center) 18.775(Sensitive Lands Review) 18.350(Planned Development) 1/ 18.705(Access/Egress/Circulation) 18.780(Signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) _____±_ 18.370(Variances/Adjustments) 18.715(Density Computations) 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) . 18.720(Design Compatibility Standards) !( 18.795(Visual Clearance Areas) 1-8.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) 18.798(Wireless Communication Facilities) 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) _V18.810(Street&Utility Improvement Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) 18.420(Land Partitions) 18.742(Home Occupation Permits) 18.430(Subdivisions) _ SL_ 18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: f cC�hS U� in ,MC 4 4.64 01P17611.41-'- I 174 5rr) ?rest✓a 01- ti-u- J t V ' e' 5 fadolwf su�c�I 1 wr. V aid. tA}OJ I loe,"le oltG� l"/ Ltd/a.ft<wu, — i t' 'Rudy, t4 nXin (W+".t (.4.1 (04-ctA tL LK� SPrr►.�wv! 144t.4 AroVtL 0 KO, ( 119 I' 5 - You,.Vi/I rt )1t, le 6'074 I w.4c1tny/vri $fact sihd{y«d4 2, Gc� re% iiow your rroposal does orldoelrrn�- �^CGr �K[. S4e,7cc✓�.. AS /�javc G an4ron 15 �ZoZ, �1�Gop►rt�?<<a�ln"ccr/ t§ rn�t" f ' r , t7�'I rd✓ LA/L1/ n2 4 .62 dress /4Z Sgd� (JJ t b</-LIG- 11cK- 14,-,cisCapcli, Ants 11 Tr.�Tt ✓1� On Plu� ru& ( II S6/�t✓f I • PROCEDURE ✓ Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residental Application/Planning Division Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard 6,t 4 of( . A basic flow chart which illustrates the review process i available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should appl to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: j ar a.,� lrctc / ,soc-ccr:itc f i&ie CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4111 FAX: (503) 684-1291 E-MAIL (staffs first name) ci.tigard.or.us TITLE18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tiigard.or.us H:\patty\masters\Pre-App Notes Commercial.doc Updated: 3-Oct-02 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES ➢ ENGINEERING SECTION Q cCityo TIg ni Oregon Shaping Better Community PUBLIC FACILITIES Tax Map(s): 1S135BC Tax Lottsl: 200 Use Type: ADDITION The extent of necessary public improvements and dedications which shall be required of the applica will be recommended by City staff and subject to approval by the appropriate authority. There will no final recommendation to the decision making authority on behalf of the City staff until all concern commenting agencies, City staff and the public have had an opportunity to review and comment the application. The following comments are a projection of public improvement related requiremen that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: I SW to feet I SW to feet SW to feet SW to feet Street improvements: I I street improvements will be necessary along SW _ , to include: feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk I j street trees I street signs, traffic control devices, streetlights and a two-year streetlight fee. [ 1 Other: CITY OF TIGARD Pre-Application Conference Notes Page 1 Engineering Department Section I I street improvements will be necessary along SW , to include: feet of pavement I I concrete curb I storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. • I Other: I I street improvements will be necessary along SW , to include: feet of pavement concrete curb I I storm sewers and other underground utilities I I -foot concrete sidewalk I I street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: I I street improvements will be necessary along SW , to include: feet of pavement I I concrete curb storm sewers and other underground utilities [ 1 -foot concrete sidewalk street trees I 1 street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement I I concrete curb I I storm sewers and other underground utilities -foot concrete sidewalk [ I street trees ( I street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 2 Engineering Department Section Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not curren practical, the improvements may be deferred. In such cases, a condition of development approv may be specified which requires the property owner(s) to provide a future improvement guarante The City Engineer will determine the form of this guarantee. The following street improvements m be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility in adjacent to a development to be placed underground or, at the election of the developer, fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lin are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located . T proposed development must be connected to a public sanitary sewer. It is the develope responsibility to Water Supply: The (Phone:(503) ) provides public water service in the area of this site. This servi provider should be contacted for information regarding water supply for your proposed development Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-701 provides fire protection services within the City of Tigard. The District should be contacted information regarding the adequacy of circulation systems, the need for fire hydrants, or oth questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is convey to an approved public drainage system. The applicant will be required to submit a proposed sto CITY OF TIGARD Pre-Application Conference Notes Page 3 Engineering Department Section . drainage plan for the site, 1 may be required to prepare a si )asin drainage analysis to ensu that the proposed system will accommodate runoff from upstream properties when fully developed. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by t Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphor contained in 100 percent of the storm water runoff generated from newly created impervious surface The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructi an on-site facility provided specific criteria are met. The City will use discretion in determining wheth or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of ne impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $21 Preliminary sizing calculations for any proposed water quality facility shall be submitted with t development application. It is anticipated that this project will require: I I Construction of an on-site water quality facility. ® Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that C maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenan access roadways may be required if existing or proposed facilities are not otherwise read accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traf Impact Fee program collects fees from new development based on the development's project impact upon the City's transportation system. The applicant shall be required to pay a fee based up the number of trips which are projected to result from the proposed development. The calculation the TIF is based on the proposed use of the land, the size of the project, and a general use based f category. The TIF shall be calculated at the time of building permit issuance. In limit circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupan permit. Deferral of the payment until occupancy is permissible only when the TIF is greater th $5,000.00. Pay TIF for building addition. CITY OF TIGARD Pre-Application Conference Notes Page 4 Engineering Department Section PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineeri Department. A PFI permit application is available at the Planning/Engineering counter in City Ha For more extensive work such as street widening improvements, main utility line extensions subdivision infrastructure, plans prepared by a registered professional engineer must be submitted review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. deposit is collected with the application, and the City will track its costs throughout the life of t permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cas where City costs exceeds the deposit amount. The Permittee will also be required to post performance bond, or other such suitable security. Where professional engineered plans a required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the desi engineer to perform the primary inspection of the public improvement construction work. The P permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a mo detailed explanation of these permits, please contact the Development Services Counter 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commerci industrial and multi-family projects. This permit will also be required for land partitions where grading and private utility work is required. This permit covers all on-site preparation, gradi and utility work. Home builders will also be required to obtain a SIT permit for grading work cases where the lot they are working on has slopes in excess of 20% and foundati excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issu after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers work necessary for building construction, including sub-trades (excludes grading, etc.). Th permit can not be issued in a subdivision until the public improvements are substantia complete and a mylar copy of the recorded plat has been returned by the applicant to the Ci For a land partition, the applicant must obtain an Engineering Permit, if required, and return mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbi that may also be required. Contact the Development Services Counter for more information. CITY OF TIGARD Pre-Application Conference Notes Page 5 Engineering Department Section GRADING PLAN REQUIREMENTS FE 11BDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. T engineer will also be required to indicate which lots have natural slopes between 10% and 20%, well as lots that have natural slopes in excess of 20%. This information will be necessary determining if special grading inspections will be required when the lots develop. The design engine will also be required to shade all structural fill areas on the construction plans. In addition, ea homebuilder will be required to submit a specific site and floor plan for each lot. The site plan sh include topographical contours and indicate the elevations of the corners of the lot. The builder sh also indicate the proposed elevations at the four corners of the building. PREPARED BY: GNZ-� •1(0 03 ENGI ERING DEPARTMENT STAFF DATE Phone: 15031639-4171 Fax: 15031624-0152 is\eng\bnanr\templates\preap notes-eng.dot Revised: March 21,2002 CITY OF TIGARD Pre-Application Conference Notes Page 6 Engineering Department Section PRE-APPLICATION 1Ik CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION FOR STAFF USE ONLY Applicant: PRECISION CONSTRUCTION COMPANY Address: 8025 NE Killingsworth Phone: 503/253-4877 Case No.: ME,R003- 0004 v City: Portland, OR Zip: 97218 Receipt No.: OPc' 3 c `fa Application Accepted By: C Contact Person: Phillip Young Phone: 5p3/ 485b Date: (n I v 3 Property Owner/Deed Holder(s): Verizon Northwest-, Tnc DATE OF PRE-APP.: (v - 17 0-3 1800 41st Street, (WA101 LB) Everett, WA 98201 TIME OF PRE-APP.: 0 c.) Address: PO Box 1003 (WA O10LB) Phone:425/261-5408 PRE-APP. HELD WITH: City: Everett, WA Zip: - 98206 Rev.7/112002 is\curpin\masters\revised\Pre-AppRequest.doc Property Address/Location(s): 10000 SW Cascade Avenue REQUIRED SUBMITTAL ELEMENTS Tigard, OR 97225 (Note: applications will not be accepted g without the required submittal elements) Tax Map & Tax Lot#(s): 1S135BC 00200 MUC ja Pre-Application Conf. Request Form Zoning:_ - Site Size: 8754 SQ. FT. 2 COPIES EACH OF THE FOLLOWING: Ul Brief Description of the Proposal and any site-specific questions/issues that PRE-APPLICATION CONFERENCE INFORMATION you would like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a Ed Site Plan. The site plan must show the minimum of one (1) week prior to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and weeks of the Planning Division's receipt of the request for either across the street. Tuesday or Thursday mornings. Pre-application conferences are i2 The Proposed Uses. one (1) hour long and are typically held between the hours of ❑ Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for a PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM MONOPOLE project, the applicant must 8:00-4:00/MONDAY-FRIDAY. attach a copy of the letter and proof in the form of an affidavit of mailing, that IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE the collocation protocol was completed PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see Section 18.798.080 of the Tigard INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Community Development Code). ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE ❑ Filing Fee $200.00 GROUP. CITY OF TIGARD 6/11/2003 13125 SW Hall Blvd. 10:14:41AM AIt, Tigard,Oregon 9 72 23 ' (503) 63 9-417 1 Receipt #: 27200300000000002426 Date: 06/11/2003 - Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2003-00048 [LANDUS] PreApp Conf 100-0000-438000 200.00 Line Item Total: $200.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount T Check PHILLIP A YOUNG CAC 4642 In Person 200.00 Payment Total: $200.00 oMOM' PHILLIP A YOUNG 4642 ODL 198648 j //�/ PH.(503)698-6935 Date cpJ 11106 SE AZAR DR PORTLAND OR 97266-7808 Pay to the /� jj p� 77& d I $ 7--CY° rof 6 Dollars B "sa ar TEACHERS P.O.Box Portland,Oregon 97208 catmt r nvtav (503)228-7077 • For f°" f U ®� .w • Page 1 of 1 cReceipt.rpt Pre-Apps (CD Meetings) June 2003 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Tuesday, June 17, 2003 8:00 8:30 9:00 Pre-app Phillip Young (503) 253-4856 Verizon Equipment 9:30 10000 SW Cascade Ave. 10:00 Pre-app appt • 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:17AM Wednesday,June 11,2003 PRECISION CONSTRUCTION COMPANY 8025 N.E.KILLINGSWORTH PORTLAND,OREGON 97218 [503]253-4827 June 11 , 2003 CITY of TIGARD Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 OFF: 503/639-4171 RE: Pre-application Conference Request Narrative To Whom It May Concern: The following is a brief description of Proposal: Verizon Northwest proposes to construct a 12' x 28' and 16' x 16' addition to existing Verizon Telephone Equipment Building located at 10000 SW Cascade Avenue, Tigard, Oregon. Verizon requires the building addition to accommodate service growth in the area. The legal description of the site is 1 S135BC 00200 and currently is zoned MUC. There is also an existing perpetual, mutual and reciprocal easement with two adjoining parcel lots 201 and 202. Verizon's intent is to maintain the easement by widening the access to accommodate the building expansion. Verizon will maintain the minimum 15% landscape requirement, but will appeal the minimum two-story building height requirement. Verizon will provide (1) parking space for service vehicles. Verizon also plans to remove existing underground diesel storage tank for generator and replace with above ground D.E.Q. approved storage tank. The Generator will be a new Cummins Quiet Site Model. Sincerely, PRECISION CONSTRUCTION COMPANY Phillip Y: ng Project ■ anager PY/sjwt •----- - IL—Z•=:-- Ammigpawsw..4 awe* I ys•iM . t7a7T'lrv0, r +� 1 Y . ,m , t , .ode f, 7�,' / ir NEW 1 6•15.00- / �\ ,,� Ni • A i /,, • �. o• Ex 5774/6 :" ' ` �" 'r I De 1 ,, RE g cT , .. ,�' r a. ,i SUN 1 2p03 D 331 /� _ `y 1 j "r NGINE004G' • ';.' !NiTH ` x...-!; IN.za'•e" p1.ANNIN "' 111'3'J9,A S T �E l�YN1 �NT f F t , .. , , esseasecon.. --mert+tNC cemeatsspi or'T!*f. N Nr. ,Na. +�F,�} �r K- 't7tTe. A g a t e"• 1 1$'4 . t s 1 4a,-1 , ;.I4Mt)ec p "� (1a'/sV ,4.20M.rT. 1r d " .. 1• OKC.+ r+T• NONE t 1 fl•Wt0.10.4 Cs t • Sr'r.. Cl,24r.fl, t ` x',' '1 It S, lot.41- f'- ' r I Olt V••R 1 Ts.16 ^f.14 1 T�GT I E :J1.° %Pm+ '.N7►�K'f? !% 'rot •I IU NAL r. ;4 � '� � P fl. , UH 4 47tfti. i� r r++I'�f•• 6111/70,0•1•000 r • 4 "twit i yf ,• T / Cr~ECr \ \ \ 1027.6 / 1059.5 X97 00 � 251.83 7` 'r — .97AC&ss / 2 L 2 0 336.60 300 .69 AC. C. ; l / "43 A c. I / N M N � 1m 1 / / \•00 \ / r ti 31.60 164.26 N. V '. W / t 20IAC, (c.s. 21,o7s) 5 �J� bOZ(ji7 48.37 1.89 Q 75.69 i> Jso° „E S 1 200 102.g0 N 16 Q At � 9 1ya F IV y .204 . *` ` a m ,� y ��► 100 ,�r •• S i,�1 1st4r� 8090 4' C lI SCE. AVE in .66 AC. t. of „y "- + N .../R+??s 4` t X24 SI MM r/ 1� s om �' �S C� !g 6.38 152.55 �� J I N �� g� 91-39106 . ■[Q 941 0 "� X5-1994 06.-°- C•R. 3° AVE N U E 2 ,� I a.2` - �� 7 1(1E7 9 \ am I X :o SEE MAP IS 1 323D 4837 I Z7-3 2 3S SP 'O‘ Ve72 iZe>n/ / pjU��7NG' 1D ,¢ a: '2• M 'Op �,,� I`�-. Zoo VW'21 , .17- 8Lb 6- /Z5 000 5t./ G, c-r9-r)E Tl csAbed o-K R vi 5 -A EYrs elv-1-�,T . *3C, r - . i,'.. ' CcNV14LT 01.0 0VW bteowvD 1 o lW v rw�. gc - CUWIWI "vs r 6o Kw Z 8ww,ps /lam KM 12017.0s - -- —�.�_ ---- • rosl dd , ( ; is,t 1/ IZ. z4i4J/i*74 114.t'�- �,gSc 4=TMr="' c adult °I* cr .�-,�/ A 11 }; r , , ..--\\ . . • j. I • „ il 1 , . f,----ii „„----- 0_,„. .0 ,,,,-N„ G tloo 1T11 _._._.1 I - - _ . L -- 41 • ' utter. rjQ,t - , . .71)\\ E t I'L-- IfT J - -1 f • w �C - I /' - (.Zi etEER 4-DRMo 4 Ce) 4404aeevesM. Vwlts . 1 �I 1�o/2�a$ 3 8 Mks o 14 11_'%. 'cv^J 12.o Z.it ti )4 a p mo QS - \ . ) ,. C: 1 C oI.. p o s s c Jt I f t 7/z.3 v Nekk.) iw43b cowxoL. Bp Qtp 44.E LK43 191 ►,at Kw 1 (3) pvart paces StM,t. +c 1 Dap G,q,t.. w►ctia ` 12oftkys KOLL. , s E 15!.96 54105 1N01 - - 4 I vet tom,./ wry iv&Jvv.r /0 Gbo 5►'V CAC Ar9 1 • . 'r/C-s/rvc•cl, 0K I 05;23/03 15:20 PAC IF' NW TITLE - 95032535177 NO. 196 D04 ! PACIFIC NORTHWEST TITLE TRI-COUNTY 9020 SW W.shmgton Sq Rd. Suite 220 PACIFIC NORTHWEST TITLE Tigard, OR 97223 Tide (503)671-0505 Fax' (503)671-0515 of Oregon,tnc. LOT BOOK SERVICE May 23, 2003 Order Number. 03233990-W Premium: $250.00 Property Address: 10000 SW Cascade Avenue Tigard, OR 97224 Precision Construct 8025 NE Killingsworth Portland, OR 97218 Attention: Phil Young Reference: Verlzon Northwest Inc. We have searched our Tract Indices as to the following described property: A tract of land located in the Northwest quarter of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, and being more particularly descnbed as follows: Beginning at the Southwest corner of the Graham D.L.C. No. 52, in Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence North along the West line of said D.L.C., 16 chains to a stone marked with "X° (a measured course of North 1°39'30" West, 1055.72 feat to a point); thence South 89°49'00" East along the South line of the Olson Tract as described in Book 304, Page 99, Deed Records of said County, 605.24 feet (a measured distance of the True Point of beginning; thence North 00°11'00" East, 59.19 feet; thence North 31°00'41" East, 130.00 feet, thence North 58°59'19" West, 17.39 feet: thence North 89°49'00" West, 75.69 feet to an intersection with the Northerly extension of the West line of the Quinn Tract as described in Book 366, Page 4, Deed Records of said County; thence South 00°11'00" West along the West line and it's extension of said Quinn Tract. 181.13 feet to the Northerly line of S.W. Cascade Avenue as now widened by Washington County at 30.0 feet from centerline; thence on a 165.00 foot radius curve to the left, which has a chord that bears South 83°17'43" East, 24.18 feet, an arc distance of 24.18 feet; thence North 00°11'00" East, 4.14 feet to the true point of beginning. and as of May 9, 2003 at 5:00 p.m. we find that the last Deed of Record runs to: VERIZON NORTHWEST INC., a Washington corporation, formerly known as GTE Northwest Inc., a Washington corporation, successor by merger to General Telephone Company of the Northwest, Inc., a Washington corporation PAGE 1 of Lot Book Service Report Order No 03233990-W 23/03 15:20 PACIF'"' NW TITLE -* 95032535177 NO. 196 D05 s 'i 1 LOT BOOK SERVICE (CONTINUED) We also find the following unpaid taxes and city liens, encumbrances, Judgments, and state and federal tax liens within ten years prior to effective date thereof: 1. Taxes, including the current fiscal year, not assessed due to ownership by a governmental entity. If the exempt status is terminated, an additional tax may be levied. ' Account No 1S135BC 00200 2. City Liens, County Assessments, Special Assessments, and/or Homeowners Association Assessments, if 1 any 3. Declaration of Perpetual Easements for Molor Vehicle Ingress and Egress, including the terms and provisions thereof: For Perpetual, mutual and reciprocal easements for motor vehicle and pedestrian ingress, egress and right-of-way Recorded • January 30, 1985 ` Fee No. • 85003562 A (Affects other property also) 1 THIS IS NOT A TITLE REPORT, since no examination has been made of the title to the above described property. Our search for apparent encumbrances was limited to our Tract Indices, and therefor, above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with this Report and will not be responsible for errors or omissions therein The charge for this service will not Include supplemental reports, rechecks or other services. If you have any questions regarding this report please call Kevin Kimball at 871-0505. Kevin is located at 9020 • SW Washington Square Road, Suite 220, Tigard, Oregon 97223. • PACIFIC NORTHWEST TITLE OF OREGON, INC. II� 1 1 /4--- ----,G'- -1 .''' .------ By Kevin J. Kimball I Title Examiner i + r+ • ;l I i 1 ilPAGE 2 of Lot Book Service Report Order No 03233990-W 05/23/03 15:20 PAC IF" NW TITLE -> 9503253517? NO.196 006 ,I ` s' r SEE MAP I 1S 1 35 B8 • I. • to•06'• »•!'.t i wl.0 olU.3 maw _ L•�. M ltl..1 tI); 202r '�— — — a 500 _ 300 .69 AC L ri Y S r • �r tlb fiiuo sa.•• N. at t • / •1 ••201, C. ICS. 21,0761 ��i . • 7L,I ` • • ZOVIL4b 076'• • 1 • — /�� ,a •� ��'a 100 r /... b a . ti;j el - O 1 �. _ ,_ ,tae _ _ • ,I to A .% a.t• Io. t•ret • ".- CASCADE ,. • . • •a7 t7 tee .-7.1. s.Y I ••.+a r 1\\ I i eon 23—$, . �. AVENUE _, 475 4c. 1 1. \. I ,� �. 11 • \�. I 3I .. . w 4'JP ` t I '■ O s '� Y \ r McIt• a•R!t.. b tr•n •• . MAO{ \ I I \• I ,,i 1000 ; o, 0 Ulf At\ti . El I.4‘• ■ J ! li i • 0 1 \ - aDa — t • a°�1 I \-- �- - ` r w•a '•` _aao J Z lip - 1 0 a ,t rs w a• •ta ~ saA. Syr ' • V. fit•i ? 1001 b .II4c. .% tea• " Qi at \`.- ►7i.M 2 FOR ASSESSMENT _��_ .... W DO NOT RELY ON E L ,. GC THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE N Thls map is not a survey and does not show the location of any Improvements. -$4 The company assumes no liability for ems therein. MAP 0 15135BC 00200 05/28/03 09:51 PAC!F'" Nw TITLE - 95032535177 NO.201 D01 PACIFIC NORTHWEST TITLE of Oregon, Inc. 9020 SW Washington Square Road. Suite 220 III,, Tigard, Oregon 97223 Tele.: (503)671-0505 FAX (503) 646-2009 41' FACSIMILE TRANSMISSION Date: May 28, 2003 • To: Phil Young Precision Construct Phone No.: :? Fax No.: (503) 253-5177 From: Kevin Kimball Commercial Title Unit Phone No.: (503) 671-0505, ext. 2054 Fax No.: (503) 646-2009 RE: Order#03233990, GTE Northwest No. of Pages: 8 (including cover page) I Comments: Phil, here is the copy of the easement document shown as exception#3 on our report. A copy should have gone out with the report, so I am sorry for any inconvenience the delay may have caused Please let me know if you need anything else .yl }I The Information contained in this facsimile communication Is privileged and/or confidential, Intended solely for the use of the Individual or entity named above. If the reader of this cover page Is not the intended recipient, please notify the sender as soon as possible. Thank You. 05/28/03 09:51 PAC IF NW TITLE - 95032535177 NO.201 002 ;) -f +�. i • . . _____ -.:.:. .--___= .... --7..=-. —=. ___ ( • 1 -- '' . --,� r - • a 85003562 =• ! " DECLARATION OF PERPETUAL .EASEMENTS 1 . " FOR MOTOR VESICLE INOREBS AND EDREts6 -- -- ___ , y ! --- �THIS DECLARATION is made on the date hereinafter it forth b Koper M. Eelanich, referred to herein es ,�'� 'Decla.ert. ...- Declarant 4■ t.:c ownwc and developer of GR ENBURG Y�li� CENTER, a commercial real estate development in the Ci-y of .--■-- Tigard, County of Washington, State of Oregon, aa�aasera� Declarant. contemporaneously herewith, is partitiohinq said GREEgDURG CENTER above-deacrih iota tamp adjecene parcels of real property described ee Lots 1, - 2 and 3 on Exhibit "A" attached hereto and incnrporeted - herein by reterrrce_ • .e st■s Declarant desire■ to create within .a la CREENEtRC -~ " CENTER perpetual, mutual, reciprocal easement■ over and 7 . -a og&creep the paved driveways and parkin arses cn c;ch cf said pa lots to and for the benefit of each of the other of ceid ' •`. .14 ! t Iota for motor vehicle and pedeetrien ingius , *grans and 1. - rights-of-way into, free., over and aerobe the paved ereee of /i, -$..-:.,, _ 1 safe ,::.EerInk.`+ CENTER lots and for tthsr similar used P- ` incidental to any lawful use of the said lots, :,u,ject to x=.... —r r __ the terms and ..onditiuns of this Declaration Wet fe_t!: bale.. _tea AYTICLE 1 � ----° -� narnaTIONB _ 1.1 "Owner' shell mean the record .:,wrier, whether ! ore or more persona or rntitles, of a fee-aimpl7 title t.0 one or more of said _At., including contract purchasers. ------ 1 1-2 "Declarant' ah■11 mean ar] refer to Roger M. Belanacn and his successors and assigns, �— ,iI AfTiCLE II FERITT U,.., MUTUAL AND RECIPROCAL EASEMENTS i ------==- 2.1 Declaration of Easements. Declarant harem, — grants and reserves perpetual, mutual bad reciprocal — -- eeeemente over and scrod the paved driveways end parking �- —" oh each of said lots to and for the benefit of each of the other of said Iota for motor vehicle and •wAsetrisn ingress, agree* and right.-of-way into, from, aver end -� acroes 'aid paved areas of paid lots comprising said GRLENDCRC CENTSP• Such aaseteente shall be appurtenant to - and shall burden and benefit each of sold lots -- +�- above-described. Said easement■ aro described on E-`ibit '6' attached hereto. _— __� .2 IIU[ue1 �d hnn-axcluaiw En�emanta, � --_ Use of said easements for ingress, egress' wia---- IIIIII • • I _-==. _7s--------- _ a1�� - - 05/28/03 09:51 PAC IF Nw TITLE -> 95032535177 NO.201 UO3 _ ,r.....: ��' r asp ■..�.�....�- Y • - - - - - 4 ..— —_ - - —— ' w V 42. • a --_- - - -- — • • • I •a=11.11.r,Q rights-of-way shall be for the regular, continuous, ..ref _,_ non-axclucive and non-priority baeia benefit of the _- Declarant, owners and less.es of said lots and their invitees, guests, cusi.oaers. agent. and employees. No v rtgh•.s hereunder shall lapse in the event of a !allure to bias___= c:., any such easements on a continuous beets. 2.3 Restrictions on Use. The Declarant, owners �� and 1 f each of said Iota shall obey all signaps and ------ markings in and upon acid drivw■ys and parking which .1iim,----. designate perking, loading and emergency spaces in end 1....•,- rigFts-of-wayy over and across sale driveways and parting______ areas and el:ich direct and control traffic flow and — circulation within said rights-of-ways. :`.:".- ,",�� 2.1 Perpetual Easements. The benefits and !. • -- obligation• of as easement. treated .ertin shall rnn with �• e'en of the lots above-described and shall b.nd the Declarant and owners thereof, their heir., legal • w__ ! --:' representative., aucceescrc and ensigns. —_ --- 'L I IN WITIE S WHEREOF, the Declarant has enecutod " r_ --------- ails Go�laretion of W.rpetual Easements on the day and year _ iii-- - eppez ring herein below. z.. - .52: -'� DATED this 11/ day of December, lien, -— _ _ /t i' r/ aiaacaeaaer -�� i%iii .1 . s ---•-- m..a�'•_ :e an c g — 1 I ITATE OF Washington ) moo„_ I •-•=•p--sue 1 OS. - - The foregoing instrument vie acknowledged $* -- - ae thin � ray of _ .. . , !Alga 1.• Pogers/tos1' I�� — Selan.ien% ■i•.\ , • -- 3 lie aEr y ublic for■;..In ;;k• �. i NI• Commission Expires. ',7-�.. 7 -_ -=.•_ - ai==MEM Page 2 - Declaration - - _ -. - _ s ��.�A�- mac.- T.�� _ -= T- a—..— _ 05/28/03 09:51 PAC IF NW TITLE -• 95032535177 N0.201 D04 i ^_ _ — 1� _ -- _ __ •! ••• --.. --_•— .- .=�_., • . • - — •1 Lot ro. 1. S A tract of iour' located in the northautt 1'4 of Sectim 35, Township 1 " I —�.■•'.1 South, Range 1 Nat r' the Willaette Meridian, Washington county, — Oregon, and being more art cutsrly described es !climes: --- Beginning at the soutlseat cornea of the Grehee D,L.C. No, 52, in f,er•,r:. 35, 'Deanship 1 South, Pangs 1 Fleet, Willamette meridian, `� WAi3 i+Qtce, County, C s 'g n, thane nort2, slang the nest line of sai.i -.- D.L,C., 16 chairs to a stone narked with •X" (a measured course of North - • ._�� 1. 33' 30" West, 1055.72 beet to a point(, thence Eouth 99° 19' 00" East - along the south line of teas O1ra, Tract as described in Book 304, Page -�yjRe■I 99, Demi Rernesie of midi county: 591.24 feet (a mcwv:rcd dintxsce of 582.00 feet) to the seat line of the Q.aine Tract, Book 366, Page ai -- thence North 00. 11' 00' East along said Guinn Tract end its northerly , extension, 179.65 feats thelc. South 99° 49' OC' Fast 40.3i feet to the 'I Tree Point of Baginningr thence continuing South 89' 49' 00' Suet, 27.32 •.1 - feet, thence South 50. 59' 19' Emit. 17.39 feet, tininess South 31' CO' i. 41" want, 7.89 rim r e, I- nee North 76• 00 41" East, 60.00 feet; theme VI ii - South 31S• 59' 19' East, 74.00 fast; thence South 45' 59' 19" fact, 39-76 Cl - feet t0 the noxt?weeterly right-of-way line of S.W. cr�uq noad ea s'c' acquired by h9 State of Oregon and recorded in Lied aook 529, Page 491, • . V- . aimeameame and Book. 527, Page 511, Deed Records; t. enoe MOrth 31' OD' 61' Yost alsrnq said notth+esterly right-of-wew lire oY B.W. C►mflurq Road, 80.24 4...',. 5"� --_- feet to the i.eetely right-cf-cu ; is of the Frontage Roed exit frrne •' -- - vsrton-'1'i3.✓d N:ghl.wy, a• acquired by the Slate of Oregon and -- ----- reecetted in Deed Book 529, Page 491, as-Sd Deed Records, said point ..IOns a trx atal 3O feet from and oT{aiaits to engineer's ceriterl.ine statism "Fit" _- _ — 357 • 72-20 T<1r' thence o„ a 1'0.00 fast rauius o..-vie to '10 tight. r"'e"'p _,—`_ .midi he■ a 9ord that tears North 75• 30' 09' asst, 51,06 feet, an act `— diertanC e of 51.55 feat' therm- h sth 09' 49' 00' West, 99.34 feet to the •_____ • northmaet corner of the s {;•structural call of R'i'd I of the attached _— partition naps thence a ntinuirq North 99' 49' 00' Meet along �+a :te r a�uatirestrr cerOsr cf s.+19 structural u:,11, 64.92 feat to the northwest _._ _. - xaTer thereof; thence South 0C' 11' 00' Meat, 0-63 feet, then7` North ' 65- 49' 06° neat, 71-w0 "eta thaw° tiarutll 00' 11' 00' iael, :C_S7 Lett - -" to the To on Point of Beginning_ �=..-- . Lot Jo. 2: —.._ — A tract of land loeateu 's the northwest 1/4 of Section 35, "tun'Sp 1 ��°'- South, Bangs 1 West of Jul Willamette Meridian, Washington Qaarty, ±` _.. Oragcax red being more particularly desorilyd as follows' 'C — _ 3epinnirq at the southwest seams of the Graham D.L.C. No. Sc, in ""- Section 5, Ttwmship 1. South, Bongo 1 Moat, Willamette weridlan, Weehlrmgbn County, cregai, tr.-Toe nerrin along the%Peet lira of said — D.L ch .C., 16 ains to a atone marked course with "X" (a measured crse of North - -- I 1" 39' 30' West, 3059.72 feat to a point), thence South B9' 49' 00' last — J slextg the south lion -'f t:ie Olson Tract as doecritrd in Book 304, Page y 99, teed Recce-1e of acid urunc.,. '71.24 feet (e no-reared distance of C` 512.'I feet) to the west line of •1e 00inn Tract, Hank 366, Page 41 - 19r4�Yr "A" ►.arm-�—_ I-- _ nsarr -..... r_�..rr � a —_� ....L.'''''.... . - 05/28/03 09:51 PAC IF NW TITLE 4 95032535177 N0.201 105 r - - - __ - _ �> ate^ - � V �.9,�Al -er-.1t.'!, " R - J -- v:. s IIIMICr- k - .�..r■ tbmmne North 00• t 1' 00' EsAt along Bald Quinn Trott line and its northerly extension, 179.05 feat to the Aivo Pont of lie4isning, Canoe - South 69' 49' 00' pest, 40.37 feat; thence North 00° 11' 00' mat, 46.97 Coot; then:. 6,.sth 69' 49' 00" Foist, 31.64 Met ^;' R Mint ^n the Meet ` 1 N fact of the structural wall for Building I of the attached ueutlobAl i"=� _ snap' thence North 00° 11' 00' Fast, 0.63 feet, thence' .- 14..1: d9. 49' 00" -- East along the north faze of the north mttucts're, yell few said `-•.. -- t]tril4iry land its easterly projection, 164.26 foot to the master!; tight of-i.ay linty of the Frontage abed t3dt Eton Beaverton-Tigard ll Highway, am acopiired by thn But* of Oregon and rmo._ exi in Bead 20Nt • -••• 529, Pwge 441, Bays Dona 'Records, tbance an a 170.00 foot radius cunro -- to dm right, h has a chond that bears North 3. 56' 04' East, 116.15 - - 1 feet, an arc dlatanoe of 1-[0.41 feet to the north line of the Olson ; Tract as described in Book 301, Pegs 99, Dead Raootb of said may; } - thence North 89' 49' OU' west, along the north line of Sold Olson Tract, 251_93 feat :n intersection with the rwtt/wily extension of the west line of the Quinn Tract as deerriited in Book 366, Page 4, Bead Baccrda 4 - or raid county, thence South MO 11' 00" It elcaq the boat line and w _- AC watawm.iu. ..0 cat.1 u.ai,u, Ta...- , 7 C.".,i0 ...L '-c ...e TrL•e :tilt O' 0, Beginning. IL--- LOt NO. 3, mall"�"•-�. A tract of land located in the tlthwnat 1/4 of Section 35, T etahip 1 -- South, Range 1 taut of the Willamette Meridian, vemhington County, .-- � _ __ DRrgon and being more particularly described as follows' I -- �n�= Beginning at the southwest comer of the Graham 0.1..C. No. Si, in Exertion 35, Itsatainio 1 :;cc111, Range 1 suet, Willamette Meridian, washingtan County, Oregon, thence north along Mho cast line of said D.L.C.. 16 chains to • stone marked with 'X' (a msuurad course of North - - - 1' 39' 30' N442, 1055.72 feet to a point', thence S Ith BS■ 45' 00° peat - _ along the mouth line of the (Leon Watt a. Uauel ibnd in Book 104, Pegs • ' a"►, n pe C ndr of ee county, 605.74 fear (a mw'wurvl dietanoe ut s......� .:=:awe 606_06 feat' t4 tit. True Point r.r�gvv+�9l gyro North 00. 11' 00" caroar._ -" Laws. 59.19 feet' thence Meth 31° 00' 41' East, 1!0.00 Not' thence North 59' 59' 19' West. 17.39 feet, thence [earth C9° 49' 00" West, 75.69 " ' -•■--_ I -- feet to an into-seetl.oel vitt. than northerly =tension of the west lirm of r�-a;__ the Quinn Tract as described in Book 366, Peva 4, Deed ,_co s of foie Immus -- m mm-Itya thence South 00" 11' Ml' West along the vat line and its - aecteneion of said Quinn Tract, 181.13 fact to the northerly lino of B.W.-' ..— Ccscade Avenue ea n°a vidaned by Washington County At 30.0 feet bum ,uw..` - " ce-tarlina, thence on a 165.00 foot radiuc curve to the loft, which he -- __ 4 chord tt ,.. k...ra Mouth S\' 17' 4J" Easy- 24.16 feet. an arc diethrca ,�,bo�� of 24.19 feet, therms North 00' 11' n0' fast, 4.14 fort to the Tine Plaint of Doyir ire. ...■■■- — Exhibit "A•' - Page 2 ' �� Imemmemaleen- - - _`c t .r. .. -- _ - . • - _ 05/28/03 09:51 PAC IF Nl.l TITLE -+ 95032535177 N0.201 DO6 - – — — — _— _ • • • \ " Jam^ J �� .. � . • _ — Paaare M nt aCCiphlon - 1cw1 and non-cclusi.e eeam►nte for uyrou/agraaa over and act-,e %.ti 1, 2 and 3, :atny tracts of lard located an file NortSM_t 1/0 c. �` �,..�_ Faction .35, 1ta'nahlp 1 South, Range 1 West of the Willamette Meridian in the City of Tigard, Washington County, Deepen, said easements being a 24 foot wide strip of land situated 12 feet left and right of the following described centerline a■ show on the attached map and conaiating of 2 — Parts` �7idi tY — —• Beginning at the ieethtir_at comer of the graham D.L.C. No. 'e, in = 9ecttun 35, Ttiynah 1 South. : $ Pangs 1 West, Willamette Me-rdlyl, Wahington County, Oregano thence north along the ,.asst :lone c: said , • — D.G.C., 16 chains to a 'tone marled with "x• la 'ensured :curse of Nc'-th 1' 39' 30" west, 1U55.72 feet to a pointl; thence South 89' 49' 00' Eat along the south line of the Olson trot se described in Book 304, Page 99, Deed Records of Raid county, 594.08 feet; thence South 0. 11' Bast, ' !..:.z `c ea ::� , • ! bee.. _ O rwtemshingtcn [aunty at 30.0 feet from centerline, said point heihe Cho I. .- Trus Point of Beginning fe_- the described ease=ment nrnterinei them ,[ 41Naath 0' 11' Feet, 116.52 feet, thence North 30'11' East, 12.00 feet; " r �....�- thence North 0' 11' Yost, 155.55 foot; thence or the am of an 18.0 foot _ radius curve to the right with a deed that baste North 45' 11' Ler., Y�' "y _za 25.45 fet, an are distance of 28,27 test, thence South 89' 49' Fast, 110.59 [eetl thence on the arc of a 24,0 font radium curve to the right _q with a chard that hegira South 44' 49' !.tat, "_94 feet, an arc aistanrce '-' _ a =.; of 37.70 feet to hoist "A'; thence cent-truing South 0' 11' Neat, 131.48 ru" _—� feetr thence South 56' 00' Emit, 77.24 feet to the northwesterly — rigght—of�-way line for S.W. Crnlaury Reed me acquits! by the btate of Oregon in recorded in nwild Book 529, page 491 and in Book 527, !Pegs ��J 511, said point being the coutreaata:ly tsunamis for tie above demerits!! may` _. "'e eareaemnt centerline, �.,,,, — beginning wq aho on t he!Attac mac and pzuceeding _-- South 89' 49' Seat, 41.95 feet: l-..auce South 77' 36' Fast, 9.71 feet. Fel _ �� the „ante-?y' right-of wry line of the Frontage Road exit (Y® lretreicrsi- and Fuyi.vy ou. .c iL—: by ?Lc .'.:ate of Ore ci en _..cord•. IL I-_ in Grid Book 9:9, Page 991, said point being the wz-ter1y tenuous of this seoend deectilrea iaaoment ounter1be. �sa. — I see der:-—.. .- .Warp — - _---A vemalr 'e• • 1f. 05/28/03 09:51 PAC IF NW TITLE i 95032535177 NO.201 D07 --- - -- '_.— r� -- — ---__ -- - !!g . -• - 41.11 = __ . �__ �- ..��r.--r. • — = • • • • .. ..- • --------• 1, - . ;, .. •-_ . -. _ .• . - • _ - - ,. I _ - S — --• / • V —. I ._ _ - - ..- LV- . _ . • . . — '..;.. ....11•- - �..... f �_�•' _ter—. .- .�• ..:!..,.% ' '. ••••. • •-•-"' :'lu;ra- • . .v...:_1 ej" - ■ — i AJ —• 1 • —- k N 1 - ./ , ■ . 1 M.-- .. .4\iti rv.s.v..--; r mss' • 1-._ .. :'F I • 1 {-'r .q ,r v &Si x 'mod.P.. r' • • \J j `, 21: ;._-..r ___ I .ACCESS M SKETCH / .. . GREENBURG CENTER --- R pha..a. ...— - -- -•,�•I„ I - •OJy: SUUf.\\rlft GQl[wUut•• •0•3 • TIC•PQ • OREGON — 1.91719 JN•N(Y P/)f.1P III I...CM 1)t)11)•f1•47)4 i' . .• ,)Q72/f A!CIIII•Ci (/IIVAO VI III%IO 15Y11)))'1L•S —�_ _room/ •�V••t-. Cam --. - 11y 51.\.Lit.,•.I I1.4.mil• •�.N 1)0.0115 i1U'Y•IIW:A 0,Uni)) 4•:1 7 •f•� IAAU1CA1•(AIICI/11111 I.)I)NCI 0111N I ft IL 1'4.' • .. � L r+� — —_' 1Z4 . rtlluoHN fNGR.C7 INC- JAN''' h(. _ .. .510 CW./SI VIE. I• �0�N0,pN UVI ' '" -- car awrwa••.<i.+rte PEI rum 'U --__ . - ..\' .. l.- -• - - —_.• _= �= - _ _. - - - _ =— - I 05/28/03 09:51 PACIF- NW TITLE - 95032535177 — NO.201 P08 • _-_ _ —=__ - — -- — ... • "e-- _'• = --' '__, - _ ..- -_- 1 - — P — • I.T i - _. _ _ 1 �. .. r — _ • . te _r .scalar— _ im' -- wtiTLE7g3r.. Er.i f7...- .....,.-. 1! .. aa— _.�� • .-- te _... ! -_--ammo IITAYE Or MOM .1 i — Camay al ."'ran M .1 I.Oa.1aN W.Ma a.01,11'Vl d Aaa wmala ' - -. —� and TA wow sand I4,06ar•wczda,al Caw • _ ------7.21 /�l�/ / /J .". .'a•add aaan�r r►a at,caMr was - --'-_ 4a. All a.y '( ,� /�i M+nlw I�w cram° d Wang Inc aoahwa J ad iwnY1 N hod d real al LW Away tY Ca11W W. PAW,aaldn d A.alaaallall wa!Ta ews.Fi• _,_-. HARK D.WNItI.OW 011P4b CaA/Melt —- �- ==- — N.walall a.new. —— wa awr a.•ti ar l -_= 1985 JAM 30 PH 3:a9 . _. emme.,„_ / :•_. ...- _____ _.________ _ ....„2„..,.........., ,_..._ •________ __ _ ___,.._ ___,, _ . ••. •. .. --rz,.:-.:. •,,_ .. _.--•=._-•,-.7—_ ____ ___ _ _ _ • -. ..-_.. - PRECISION CONST CO. Fax:5032535177 Apr 13 2405 14:22 P.01 PRECISION CONSTRUCTION CG, . 'ANY, CCB#60684 , 8025 N.E. KILLINGSWORTH STREET, PORTLAND, OR 97218 OFF: 503/253-4827 FAX: 503/253-5177 FAX: 971/230-0110 Cup zt-.000011 coh i,than, 1-3 FACSIMILE COVER SHEET 34 417 / Eorr 24-z-8 DATE: 4I i5 05--- NUMBER OF PAGES INCLUDING COVER 7 FAX#: ATTN: Al D ke-- / j FROM: PRECISION CONSTRUCTION CO. P.C.C. FAX#: 503/253-5177 or 971/230-0110 NAME: Phil Young REGARDING: v' t n/ P./4 - 5 - �,� /0 000 Sw G yap 2- 4 - co 55-1 COG F2 T 'P r y "xa � 1 y y / tle ctei fil4tni 71.0 491471 7 y - /9tkydx4y W1 r A/9,--r 4/.51-4 Mc / / M 's5 �''''t 412 #484 '6) 5 s'A OW /d ki,c4 r:ric e-crm 5'-fw#14,cA- t/cy-. p yaw...) 6-- SMou►.°YOU HAVE ANV pgOBLEME AECEIVIN6 THIS}ACBIMILE OR ANY QUESTIONS,PLEASE CALL US AT THE ABOVE OFFICE TELEPh ONE NUINwEIt. THANK YOU, 0 M of ly tS' /racinv+t+w�1 I FXE EXIT TRASH /e'n.+a,: Sb •u6S . fcl 1 I've W A /d r►„ DwNgR Argots d (9 X-ft/StOrt i. 1151)414 OW-CO/472e wle Arty_ow 4 .....----------A o At Ave 'ALA Sis-4 7' rI A" Covi4'►x-ot c:: ta.,f a: M FST BURIE_D FUEL TANK N W 1 1 . . . . W 8E REMOVED W . a- W W Y I. 1, Y . EXIST TANK ACCTSaFILL • 1 1 TO BF REMOVED W 1 Y W W 1 Y Y / ` 1 W O 1 r • 1 O Y C fLr O M Y CAA Va S 1'1W Q S I W . I . * .� . LXIST OLLARD5 7 Q W * Y 'r e)ceA•vA AC£66; TO 8 REMOVED / ` .. W . . EY r DOWNSPOUT " IV . Y . Y\ • EXIST CHAINUNIC 1 III II I� a • Y + W W • :• Y L • V V� ��'V � at.A{ Y I. 1 . i . . W`'+ 4 O F�ApItl \-F' W / DC15T DEOWNSPDi c/• • • W ,„,,,t 1 . • • `✓. • •Y 4 . 'W • 4 + e 4 1` W S, • M w Ci, A g 1 W P W 3 • W W • . \ :::\ L .r 7'5T CO C WALKWAY v> I 1 .J . . 4`W S N 1• * Y 1 1 . 1 M • W .• W I EXIST BUILDING W 1 r W • • al • BUT I U. 1 v . " W 1 TO *VW W . . I W V 1 O . 1 1- 1 EX1 BOLLARD `I z - h TO (.E MOVED • • // W 1 _` • • W v .. V • • n :, • .; r DOWNSPOUT 4. H 1 D115 ROUND WELL ` + �' TO MODIFIED /�1 Y - f (cz 1/ / * WI ■ 1 // ////// • . 1 P"=1 o'o ti DUST EXTRUDED 1 CONCRETE CURB EXl5T PARKINd/ 1 . PRECISION CONST CO. Fax:5032535177 Apr 13 ',005 14:23 P. 03 CONDITIONS OF APPROVAL _ .w•w;'. K }r"!?�{ err r�»t;i c a 1 iL� 71.a�5.: xF'.�' tiy..r �,y�:�+r, !•.r -, '6R<. •Rf ] Cly,e 1. a �r��iS i _ J: .r, r r 1 x Nw ►r'1,' .4 �..fL V':iJn.7. i '7M;yi'.-1 _*. : .'ti , e,ti o. i y'-� J i;�"- f C� s s:jU .a.1'.i. r' _ MI ...T '. ext. • = o review - • .^�u•mi 0 t7=1"'",117-rig D -"�:rtmen organ racy, , app • al; . ,fix ' f'41197 Prior to the issuance of building permits, the applicant shall provide the City Arboris,, with a tree protection plan, and a construction sequence including installation an removal of tree protection devices, clearing, grading, and paving. 2. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. 3. Prior to Issuance of a site/building permit; the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue, and parking on adjacent properties will require authorization from those property owners. Sub it to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for re -w and a royal: 4. Prior to issuance o = site permit, • =•itiona 'ght-of-way shall .- •-dicated to th- 'ublic along the frontage of - ---: - •venue to in -,se the ► -of-wa • 3 =- ram the centerline. The description shall be tied to the eKis ing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. d ate '.'_,_�,,.� `r+,�,ct L; w :.'S-�.•4�. & 1_,4 .. i- wM ,R ; '��,,Y:. � K�,� 1�"r , y r� 156.::'y „„ 5, ..... 9 .. .r:x' +A''e� _✓,i w..L..a�:.,„- -12. M E" 4 .it Ss c ZwIS n:i0:.-n. 's' '4+A• Y�' Ib �, ,,,� .r r es � a T Y1g'G a, ' 1 4 -I f Q ' •1 rtAR� .� illy.,„ Sw'� 1.Cf :�tiA'::"�4«x,.:,?a n"'� e Li•M tot e ngineeriing a epartmen ' m ' c ' u an, • •-• , ext. • •• or rev ew and approval: 6. Prior to final building inspection, the applicant's engineer shall provide final sight distance certification. 7. Prior to final building inspection, the applicant shall pay $341,50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. vEFuZON SWITCH BUILDING ADDITION PAGE 2 OF 24 CUP2004.00004NAR2004-00056-00060,00068 10/25/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PRECISION cONST • Pax:503 5351?? Rpr 13 spr05 14 : 23 F' . :1/ER/2.04/o/V�ASF/yGro M SQUARE U. ? 1r CH Ck/rQde nueBn Oas Count ME Cascade Avenue, S t BOOtggESE VERl2O °554-60fi 3 g�/ B001A8 PCC Pr°/ct 4:10:- General 8025 PRECIS/ON CONSTRUCT/0 at°�, Revised: rEi.EPNO Portland, pR rnBsworth CTlO/y Cp April 12 2�g5 T OFF.: FAX: 5p3972j8 Str�,et MPANY EM. 503/?3 3,4827 3- E E-MAIL: 502/698-8936 7 Phillip You 0.11111'bo (Phil , Cel/u/ar Young Owner: �, ang-H° O.P9r. 503/504-5677 tgERi`�r0'v NOR r tom n1el Fred O 503/243-9608 P.O.OO 41st ?l'jWE Job ah/ke ��Everett,° Ore WA 0 WEST* INCORPORATED s��Superintendent 3, PHA I:: Fqk. 25982p6 0 4 l g Call�,l�PAX: PAX:E-MAIL: P�r525g 54 4$ Per Wolle 503j803-5089 Wal/ebe bek C O, 5 k verr ° ca C.O. Supervisor: n' rr "c1 r W 8urnh OFF; d, OR 97,E an' Road _FAX: 503/ EMAIL; 503/684-0095 3050 Building Services: Cinch Rirna Cellular. Beaverton,1"10 ees; -!?'ion? 5 S8 vertan OR(OR03O03o 03j3 t 23571 OPF 503/5 7075 / F-M:IL. 503/629-7059 3 7 COP En Ca/e wren VERl2Q Supervisor: V er' . ° Rea/ Estate �t G e 8°k 3l Met Crecy cellular; to Operations Gresham OR Supervisor: S03/789-2312 Supervisor Fqx, 503/97030 F-Mq/L. 5031667-9811?.6050 Architect: Frank Aff Fran A(f Srehir�et: �eri+ty Pager: E1,ygRr n Cpm P ger; Beaverton,cGOROgrN sTRq�S 503/237,6525 F'�x': 503/672-7517 g1008Dr've ARCHITECTS F.MAII. S03/072-78001 ctc ite Ste Straus • °eu^yrt�andS �siw LE± `COn7 wart $ aus N+rd MufiqtslltYCoeu�rtGfCq 4111dpgVQBS4 Op.pS0 j 44I,?0A,WpSH+NG7 ON SPCA'RE1PHONE wisMt vcT°k so a„ Cur«ST w0ip3dos PRECISION CONST CO. Fax:5032535177 Apr 13 ")(105 14:23 P. 05 Electrical Engineer: CORBIN CONSULTING ENGINEERS, INC, Brent Aue 20595 SW Tualatin Valley Hwy, Suite 204 Beaverton, OR 97006 OFF: 503/356-8344 FAX: 503/356-8644 E-MAIL: Brent, wAye@intel.com BUSINESS PROPERTY DEVELOPMENT: Pam Gasaway OFF: 425/485-4850 FAX: 425/485-5796 E-MAIL: urn_ ipLsirtcnerit.mli Excavation / Concrete: DANEAL CONSTRUCTION, INC. David Erickson 3170 SW Riverfront Terrace Cell / Pgr: 503/793-0804 Wilsonville, OR 97070 OFF: 503/682-0585 FAX: 503/685-9136 EM: 503/793-0804 (Cellular for David Erickson) PCC MA#008 OR. CCB#47663 FED. ID. #93-0811746 E-MAIL: N/A Tank Modification: SAYBR CONTRACTORS, INC. Mickey Mc Aloon 12115 Canyon Road, East Cell: 206/730-0957 Puyallup, WA 98373 OFF: 753/531-2144 FAX: 253/536-2068 EM: 206/730-0957 (Mickey Mc Alarm's Cellular) PCC MA# 083 OR. CCB#0005937 FED. ID. #91-1819501 E MAIL: Savbrcorlt @�ol,cQm Fence & Gate: RELIABLE FENCE & CONSTRUCTION CO., INC. Gary Secrist P.O. Box 20013 D.Pgr: 503/237-1007 Portland, OR 97220 OFF: 603/669-8148 FAX: 503/252-5599 EM: 503/661-0530 (Gary Secrist - Residence) PCC MA#030 OR,CCB#71034 FED, ID.#93-1045364 Roofing: CARLSON ROOFING COMPANY, INC.Z Greg Carlson PO Box 1595 Cell: 503/849-8507 Hillsboro, OR 97123 OFF: 503/846-1575 FAX; 503/640-4840 EM: 503/ PCC MA# 272 OR.CCB# 159686 FED. ID.# 20-0950708 C 3OcumenC and&!ldnpalwaTlanaV.ly DocumenZSMy%cvrnts1DATA11 2003JOBS110405-C3 VERIZON WASH NOTON SQUAREIPHONE WASHINGTON SO PHONE LIST 100-05-03 dot PRECISION CONST CO. Fax:5032535177 Apr 13 onO5 14:23 P. 06 Roof Trusses: PRECISION ROOF TRUSSES, IINC. Cliff Puckett 11 550 SE Jennifer Street Clackamas, OR 97015 OFF; 503/656-2983 FAX: 503/656-2647 EM: 503/ Carpentry:. HAMMACK PACIFIC CONSTRUCTION, INC. Gary Hammack PO Box 953 Cell: 503/970-2899 Tualatin, OR 97062 OFF: 503/970-2899 FAX: 503/685-2557 EM: 503/970-2899 PCC MA# 271 OR.CCB# 076677 FED. ID.# 99-0272856 E-MAIL: garvhpcaearthljnk•net Drywall/Acoustical: METRO INTERIORS, INCORPORATED Dore Anderson PO Box 42_5_4_2_, Portland, OR 97242-2547 Cell: 503/888-301 5 1030 SE Clinton Street, Portland, OR 97202 OFF: 503/238-5500 FAX; 503/238-2793 EM: 503/238-5500 (24 Hr. Availability) PCC MA# Oft CCB#112042 FED. ID. #93-1197279 Doors / Hardware: D&D DOOR, INC. Ezra McCann 8421 N, Columbia Blvd, Portland, OR 97203 OFF: 503/205-5533 FAX: 503/205-5549 EM: 503/229-3163 (D.Pgr. for Garth Hoppes) PCC MA# 193 OR.CCB# 63519 FED, ID.# 93-1021143 E-Mail: Emccann@dddoor.com Floor Covering: THE INVIRONMENTALISTS Ralph Arnzen 2121 NW Front Avenue Portland, OR 97209-1833 OFF: 503/295-2070 FAX: 503/224-9252 EM: 503/295-2070 (24 Hr. Availability) FCC MA# 009 OR. CCB#82825 FED. ID.# 94-1593702 E-Mail: Ralph.w.arnzen @theinvironmentalists.com G 1Documentz and 3eeings warms\My DecadentW y Documerts1DATA■1 2003-JO681108.0543 VERIZON WASPINOTON SOLAR EIPHONE WASH�,N(3'ON S0 PHONE ST 10o C5.03,dx PRECISION CONST CO. Fax:5032535177 Apr 13 -)105 14:24 P. 07 Painting: EMPIRE PAINTING COMPANY Brent Melhus PO Box 2689, Wilsonville, OR 97070 Cell: 503/970-2160 7320 SW Lake Side Loop, Wilsonville, OR 97070 OFF: 503/694-6544 FAX: 503/694-5955 EM: 503/694-6544 (Cellular for Duane Warner) PCC MA# 195 OR.CCR# 151093 FED. ID.#45-0474076 E-Mail: Brentmelhus @hotmail,com Fire Protection: D.T.S. SYSTEMS, INCORPORATED Ty Perske 7905 SW Nimbus Avenue Pager: 503/514-7582 Beaverton, OR 97008 Cell: 503/704-2552 OFF: 503/643-3127 FAX: 503/643-6194 EM: 503/295-3436 (24 Hr. Availability) PCC MA# 048 OR. CCe#134056 FED. ID. #93-1245352 E-MAIL: Tperske @dtssystemsinc.com Controls: B.C.S., INCORPORATED Thomas Wollebek 21218 66th Avenue West Lynnwood, WA 98036 OFF: 425/774-1680 FAX: 425/776-4911 EM: 503/774-1680 (24 Hr. Availability) PCG MA# 004 OR. CCB#N/A FED. ID. #91-1127542 E-MAIL: twollebeckPbcsinc.ws HVAC/Balance: H.V.A,C, INCORPORATED Joe Laski 5188 International Way Milwaukie, OR 97222-4602 OFF: 503/462-4822 FAX: 503/462-6555 EM 503/239-4822 (24 Hr. Immediate Forward) PCC MA# 014 OR. CCB#50897 FED. ID. #93-0914112 E-MAIL: Sherrle@hvacincorp.com E-MAIL: joel@ hvacinoprp_com Electrical: E.C. COMPANY Bill Maxwell PO Box 10286 Portland, OR 97296-0286 OFF: 503/220-3587 FAX: 503/248-6353 EM; 503/220-3587 (24 Hr. Immediate Forward) PCC MA# 011 OR. CCB#49737 FED. ID. #93-1223607 E-MAIL: Billma @e-c-co.com c:IDoc ent and SeILnrAwaena,r,Wiy DocumcnL-IMy Doc anc'it\DA-A\I 20O-JOBSI709-OS03 VERI2ON WASHINGTON EOLARE PHONE WAP. INQTON SO PHONE LIST 100-05-03 det •APR-14-2005 13:48 TRFF CARE UNLIMITED 503 635 1549 P.31/36 e G�i°�a0 -0,�,�,,7 ¢¢' :�. .1 .%- P.O. Box 1566 f+ii _D- °� P. '� Lake Oswego, OR 97035 Voice: 503-635-3165 Fax: 503-635-1549 Qhmttea' Web Site: www.tclu.com E-mail: info@tclu.com DATE: /L4 /es- C ATE. 'T� TO: _ O ( Gc-A. d Fax: 3 ' ? i $- ‹ 0 / Voice: Number of Pages (Including this Page): 4 ,: FROM: CtAl Y T `t)k/N Comments: & ' '/ CX./ ,SL---) C_0.-, , . APR-14-2005 13:48 TRFE CARE UNLIMITED 503 635 1549 P.02/06 Fitt, cuptooti-000cki Cn11m►te�� ARBORIST REPORT Address of the Report: 10000 SW Cascade Tigard, OR Date of the Report: April 14, 2005 Report Submitted To: Precision Construction PH: 503-253-4827 Attn: Phil Young FX: 503-253-5177 8025 NE Kiliingsworth Portland, OR 97218 CC: City of Tigard FX: 503-718-2401 Matt Stine I met with Phil Young on April 13, 2005 to discuss the proposed changes to this site. A few shrubs will be removed however no trees will be removed. 1 have provided and approved a tree protection plan for this site including a fencing plan. I don't think any activities here will affect the trees. You will need to call if work is to be done within the tree protection zone. Respectfully, . .wypcsvoicif&":150"---- Raymond Myer, General Manager Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic. # PN-0160 Oregon Landscape Contractors Lic. # 11604 Oregon Dept. of Agriculture, Commercial Pesticide Applicators License # 00187 Residential and Commercial Spraying• Fertilizing• Pruning•Landscape Installation• Landscape Maintenance •Consult-rtinn MEMBER: National Arborist Association • International Society of Arboriculture •Oregon Association of Nurserymen Oregon Golf Course Superintendents'Association •Oregon Landscape Contractors Association State Licensed Tree Service#62635• Landscape Contractor 45659 •Chemical application #000231 • Insur; ,1 P.O. Box 1566 •Lake Oswego, OR 97035 • 503•G35-3165 • Vancouver 360.737-2846 FAY 503-635-1549 Visit our website at www.treecarelandscapes.corn . APR-14-2005 13:4B TREE CARE UNLIMITED 503 635 1549 P.03/06 v �. - Tree Protection Plan SITE ADDRESS / D DOC " (.50-) C� &c� _ \ \-1 -kJ Follow the below listed instructions in order to provide the proper protection before, during and after construction for tree # / --S' I. Before Construction: App. Ion-App. a. Identify and number the trees to be protected, verify by mapping and/or tagging and note their size in D.B.H, (Diameter at Breast Height), variety, health and structural conditions, review plans. ►-- D b. Check with local government agencies for tree protection ordinances. ❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed to adhere NAA standards, tam ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch. ��, 0 e. Notify all other contractors that these trees are to be saved and protected. C�G f. Install a temporary 6' high rntotatmeate4catufence to protect the trees and their root systems. Install tree protection sign on fence. Posts located 10' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we need to protect more than the drip zone. The drip zone into the trunk is the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some encroachment within the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) ❑ g. Identify any insect or disease problems that may require treatment. J 21---h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. ❑ i. Design landscape islands and planting areas large enough to accommodate trees at maturity. ❑ ,tdr j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. D t� k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the right place and proposed changes don't kill retained mature trees. • ❑ I. Consider tree removals adjacent to trees to be saved for wind related stability concerns. Residential and Commercial Spraying •Fertilizing • Pruning • Landscape Installation • Landscape Maintenance• Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen Oregon Golf Cpurse Superintendents'Association • Oregon Landscape Contractors Association State Licensed Tree Service 462635 • Landscape Contractor*45659 • Chemical Application 1t000231 • Ins�.icsd P.O, Box 1566 • Lake Oswego, OR 97035 • 503-635-3165 •Vancouver 360.737-2646 ° FAX 503-63~-1149 Visit our website at www.treecarelandscapas.00rn APR-14-2005 13:49 TRFE CARE UNLIMITED 503 635 1549 P.04/06 gam_ Non-Apo. �❑ m. Check for past and proposed grade and drainage changes, consider the effects. �" ❑ n. Check trees for stability. o. Remove all trees that would not survive the effects of change. Remove all hazardous trees. it ❑ p. Minimize environmental changes. IY. DUrin9 Construction: Cl D a. Keep equipment off of the root system to avoid compaction. .-i7" r❑ b. Keep equipment away from structure to prevent damage to trunk and limbs. D c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint, herbicide, cleaner, thinners, etc. E , ❑ d. Provide means of temporary irrigation if the project runs through the summer. l� CJ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations. .ice 0 f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. 0 g. Avoid trenching through the root systems, boring under them or hand digging can save roots. Pr o h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within the drip zone or tree protection fencing for consultation. III. Aftgr Construction: Z.'r ❑ a. Carefully landscape the area under the tree, being careful of the roots and structure. Use plantings that will live under the same conditions as that of the tree. ❑ Provide insect and disease control, fertilization and pruning as needed or adhere to long term protection plan if provided. 0"- ❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new plantings alive can often be enough to kill mature trees. .ia'- ❑ d. Do not cover existing root systems with more than <'." of soil. The more soil you add, the greater the chances of damaging the root system. �❑ e. Provide irrigation and/or drainage to emulate pre-construction conditions. NOTE; It would be impossible to provide all of the above protection measures, however the more roots that can be saved and the least amount of surrounding environmental changes that we can prevent; the greater the chances of saving existing trees. Often it is best to replant with the right tree in the right place so it can grown in the new environment. . APR-14-2005 13 49 TPc CARE UNLIMITED 503 635 1549 P.05/06 II I • r...- -` it .` 1,.1 , Y. 1 �, '‘ :,-?.._,. 4k1).,\\,`*,, 6 ., /' // �, '•\ / ' TEMPORARY PROTECTIVE 1 EMPORARY I' U 1 _i I, CONSTRUCTION FENCING / ,' ,• � CONSTRUCTION f/ ` /r " / / � Ve v'' iii /I/ "' ) Yu1)5 SId N " -' '' .' EXIST BUILDIN:f / / ' • / / / / / ' /''// // ,/ / ••• / I /'/ /' /'/// ' ' / ti I / 0 . (4)....!. . e ,„.......1..,,e 1 0 • NEW GROUND COVER �; 1 ,gip, / I I I 4":1""I fl I �� . / r•r•<:: TEMPORARY PROTE(.7IVE CONSTRUCTION FENCING • I \�,/ Tills plan has been nsvlewed and approved by: Raymond C,Myer ISA Certified Arborlst,PN-0160 / Tree Care&Landscapes Unlimited,Inc. i� PO 90x 1566,Lako Oswego,OR 517035 503-535-3165 Dateli.— 1 • 1 . APR-14-2005 13:50 TRcE CARE UNLIMITED 503 635 1549 P.06/06 \ y \ j �,._ 4 - DPI ST GROUND COVER—_` [E• . ,�..- •/ 11 �� S .: y\ ,� y,` L �.� T rev ,....f t).2.0,-.1 1 '_ • .,,.f !.--�' 1.b h:,•„,.e- \)e,,, YcW�.o'V.e pi s_ - 1 .y Ic / 3 / \1 f =Ss? EXIST BUILDING / I. , , '( vY\ \ate' / 1, ■ I_ O. EXIST GROUND COVER \ /• • EXIST GROUND COVE? i . ,;r • s • Aro , Ali 10'f,-,,:-, 1 k s / ► CAP - _ L.AN0SCAP ��1111 �t11f1','y: I 1 ' / r." 2 • I L0 )\ 1:: :',,, J . I ! 1 TOTAL P.06 • VO-A2-6YV 04/18/2005 2onditions Associated With 2:28:31PM TIDEMARK Case#: CUP2004-00004 COMPUTER SYSTEMS, INC. Condition Status Updated Code Title Hold Status Changed By Tag Date By 1 TREE PROTECTION PLAN None Met 04/14/2005 MET 04/14/2005 MET 1. Prior to the issuance of building permits,the applicant shall provide the City Arborist with a tree protection plan,and a construction sequence including installation and removal of tree protection devices,clearing, grading,and paving. 1 TREE PROTECTION MEASURES None Met 04/15/2005 MET 04/14/2005 MET 2. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. 1 PARKING AND STAGING PLAN None Met 04/14/2005 MET 04/14/2005 MET 3. Prior to issuance of a site/building permit;the applicant shall submit a parking and staging plan to be used for the duration of the construction period that shows that the access easement will not be obstructed. The applicant shall note that parking is not permitted on SW Cascade Avenue,and parking on adjacent properties will require authorization from those property owners. 1 ADDTL ROW FRONTAGE OF CASCADE A None NOT MET KSM 12/10/2004 DLW2 4. Prior to issuance of a site permit,Additional right-of-way shall be dedicated to the Public along the frontage of Cascade Avenue to increase the right-of-way to 37 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 1 EXECUTE A RESTRICTIVE COVENANT None NOT MET KSM 12/10/2004 DLW2 5. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Cascade Avenue adjacent to the subject property,when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s)of property in addition to the subject property,or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 1 FINAL SITE DIST CERTIFICATION None NOT MET KSM 12/10/2004 DLW2 6. Prior to final building inspection,the applicant's engineer shall provide final sight distance certification. 1 PAY$341.50 BIKE STRIPING FEE None NOT MET KSM 12/10/2004 DLW2 7. Prior to final building inspection,the applicant shall pay$341.50 to the City for the striping of the bike lane along the frontage of Cascade Avenue. 1 OVRHD UT LINES PLCED UNDRGROUND None NOT MET KSM 12/10/2004 DLW2 8. The applicant shall either place the existing overhead utility lines along SW Cascade Avenue underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen,the amount will be $846.30 and it shall be paid prior to final building inspection. PAY FEE INLIEU WTR QUAL/QUAN FAC None NOT MET KSM 12/10/2004 DLW2 9. Prior to final building inspection,the applicant shall pay the fee in-lieu of constructing an on-site water quality and water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. Page 1 of 1 CaseConditions..rpt ceSt (1L9 Ffte (in tP ARBORIST REPORT Address of the Report: 10000 SW Cascade Tigard, OR Date of the Report: April 14, 2005 Report Submitted To: Precision Construction PH: 503-253-4827 Attn: Phil Young FX: 503-253-5177 8025 NE Killingsworth Portland, OR 97218 CC: City of Tigard FX: 503-718-2401 Matt Stine I met with Phil Young on A3'ril 13, 2005 to discuss the proposed changes to this site. A few shrubs will be removed however no trees will be removed. I have provided and approved a tree protection plan for this site including a fencing plan. I don't think any activities here will affect the trees. You will need to call if work is to be done within the tree protection zone. R„ep3ectfully, - o,' `5)a Raymond Myer, General Manager Tree Care & Landscapes Unlimited, Inc. Certified Arborist by the International Society of Arboriculture, Lic. # PN-0160 Oregon Landscape Contractors Lic. # 11604 Oregon Dept. of Agriculture, Commercial Pesticide Applicators License # 00187 Residential and Commercial Spraying• Fertilizing • Pruning • Landscape Installation • Landscape Maintenance •Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen Oregon Golf Course Superintendents'Association • Oregon Landscape Contractors Association State Licensed Tree Service #62635 • Landscape Contractor#5659 • Chemical Application #000231 • Insured P.O. Box 1566 • Lake Oswego, OR 97035 • 503-635-3165 •Vancouver 360-737-2646 • FAX 503-635-1549 Visit our website at www.treecarelandscapes.com ems. <'s. s; :;:: z•' .'.<A. Tree Protection Plan /dimite6' SITE ADDRESS / O Ovv C 5 Follow the below listed instructions in order to provide the proper protection before, during and after construction for tree # / I. Before Construction: App. Non-App. 2r---❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging and note their size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review plans. ❑ b. Check with local government agencies for tree protection ordinances. 12❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed to adhere NAA standards. ®�❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch. �❑ e. Notify all other contractors that these trees are to be saved and protected. C� ❑ f. Install a temporary 6' high rrietalfence to protect the trees and their root systems. Install tree protection sign on fence. Posts located 10' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) _Ideally, we need to protect more than the drip zone. The drip zone into the trunk is the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some encroachment within the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) ❑ g. Identify any insect or disease problems that may require treatment. ❑ 7 h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. ❑ i. Design landscape islands and planting areas large enough to accommodate trees at maturity. ❑ j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. ❑ ,a' k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the right place and proposed changes don't kill retained mature trees. .V❑ I. Consider tree removals adjacent to trees to be saved for wind related stability concerns. Residential and Commercial Spraying • Fertilizing • Pruning • Landscape Installation •Landscape Maintenance • Consultation MEMBER: National Arborist Association • International Society of Arboriculture • Oregon Association of Nurserymen Oregon Golf Cou-rse Superintendents'Association • Oregon Landscape Contractors Association State Licensed Tree Service #62635 • Landscape Contractor#5659 • Chemical Application #000231 • Insured P.O. Box 1566 • Lake Oswego, OR 97035 • 503-635-3165 • Vancouver 360-737-2646 • FAX 503-635-1549 Visit our website at www.treecarelandscapes.com App. Non-App. ❑ m. Check for past and proposed grade and drainage changes, consider the effects. B' ❑ n. Check trees for stability. �❑ o. Remove all trees that would not survive the effects of change. Remove all hazardous trees. C�' ❑ p. Minimize environmental changes. I I. During Construction: 5----1=1 a. Keep equipment off of the root system to avoid compaction. .- ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs. �❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint, herbicide, cleaner, thinners, etc. -Er d. Provide means of temporary irrigation if the project runs through the summer. C' ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations. ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save / roots. Z ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within the drip zone or tree protection fencing for consultation. III. After Construction: tf---0 a. Carefully landscape the area under the tree, being careful of the roots and structure. Use / plantings that will live under the same conditions as that of the tree. ❑ -ET b. Provide insect and disease control, fertilization and pruning as needed or adhere to long term protection plan if provided. L�❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new plantings alive can often be enough to kill mature trees. ❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the greater the chances of damaging the root system. �' ❑ e. Provide irrigation and/or drainage to emulate pre-construction conditions. NOTE: It would be impossible to provide all of the above protection measures, however the more roots that can be saved and the least amount of surrounding environmental changes that we can prevent; the greater the chances of saving existing trees. Often it is best to replant with the right tree in the right place so it can grown in the new environment. I- , .e x, ,Al 1�' -I 2 1( ! -- , /I ., "'NZ:),,% 1 . ' ::21:) 1 i / / W / 77 - / / /• / TEMPORARY PROTECTIVE /'-„' / TEMPORARY F1 O? 1 CONSTRUCTION FENCING .' /' .' /. CONSTRUCTION!_ / •7 )\ruk iDIloc'' /� EXI5T BUILDING / . . / , / / / , . . ' / �. . / . / / . / /. / ,..... .„,....... ' ). , / ,'' • flit .”- -, / NEW GROUND COVER ....... , 41111111111 . 0 j I \ ' .7 Atefr. 4"3 / PI`�►t� lij/� .1l'- / .1 c, i . � 'A'IS/ I � Fjl Yc7 f' S I � Ipl� /�i��jllll��\ '' : S .y' l / u /�/i - �� ,I / TEMPORARY PROTECTIVE �� CONSTRUCTION FENCING / N1 :� This plan has been reviewed and approved by: Raymond E.Myer / ISA Certified Arborist,PN-0160 1 Tree Care&Landscapes Unlimited,Inc. PO Box 1566,Lake Oswego,OR 97035 / 503-635-3165 Dated I 1 � I / N �!! i EXIST TRASH n� o NO-Q-- `c'e-- \riec� Coa s�� - r-;_.._1111,/ - - ----------- EXIST GROUND COVER------- �,� 9-�y ft-ft-- VI r .4\t".. I ,. 1 -` 1 \�q\14}lei z • �+" ��s *'re-ei °� ,(3-9�,vs ' , :'' \ fir// - 1 �� I ' `= , i6 ha-we_ b -rviy.ove , ; jck,0 0 ,. 0\CAA/ e4 SAlAYA.e ISOr - rc YI\e)∎ns , 1 l: I" ' ` / ' *, 1 ) p \,� I.1 \_ 6/l 1-/'2D,et / ..� I `,', EXIST BUILDING / -I I ` c ' �/��h s / /, ...t ' \ X11. / ' I �Illigly EXIST GROUND COVER - / �IN, ' 1 ) \ ' ' EXIST GROUND COVER 1 � " 1 , I P' • , . , I ,'�.� . , 7 1 ,I , ' _, I ,.4\\II ihAY 4 I LAND5CAP I \k", /, / iii/ �= .„-_---:-..--7, ----„, /1///1116\\- 4/11111 igi& . ....S ) / 5.4111PM11-.1 / ,/ ' `- 1 I I I a I I ' LANDSCAPE NOTES II. EXISTING SITE 15 IRRIGATED WITH MANUAL SYSTEM USING HOSE BIB; NO AUTOMAT! Washlwoon County,Oregon 2005-043876 04/2d •02:43:06 PM RETURN RECORDED DOCUMLNT TO: D-DD cnt•1 stn•27 RECORDCI CITY HALL RECORDS DEPARTMENT, $13.00$6.00$11.00-Total a s32.00 CITY OF TIGARD 13125 SW Hall Blvd. 1 11111 11111 1 111111 111 1111 1111111 11 1 Tigard,OR 97223 00758509200500438760030030 I,Jerry Hanlon,Director ofA mint and Taxation yam•. ; and Ex-Officio County Clark for Washington County, y., CORPORATION Oregon,do hereby certify that the within Instrument of n,. writing was received and recorded In the book of ci''S" °I;records of said county. l I j _.,�� f File e No. C114;:716021-660911 Jerry R.Hanson,Director merit and Taxation, 7¢. Ex-Officio County Clerk DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording information Verizon Northwest Inc.,A Washington Corporation, does hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on,over, across, under,along,and within the following described real properties in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances,they have good and legal right to grant their above-described,and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN//WITNESS WHEREOF,I hereunto set my hand on this %S day of a ri/ ,20 cc . iterr m 140'4 Wel). lac. Name of Corporation gn l're ••- /Z t44ev:e i,! Canyon RCA/ Nanafer--rinafkehe4.1 C/4 Address Title ihausan'l Oaks; GA 5`131;Z JAMES POBANZ JR. Tax Statement Mailing Address(if different from above) PUBLIC-CALIFORNIA 0 41 Uf•_ Lis ANGELES COUNTY 0 STATE OF CALIFORNIA ) H dill j MY COMMISSION EXPIRES )ss. MARCH 13,2006 County of This instrument was acknowledged before me on Q S t "LOOS (date) by o-'- s tyro.� r (name(s)of person(s))as Mxra,o-VILA- — c>r�^5 L�,�cst (type of authority,e.g.,officer, trustee,etc.)of e.A- N . (name of party on behalf of whom instrument is executed). Notary Signature My Commission Expires: M o-r c-L, \3 , 1...e00 Accepted on behalf of the City of Tigard this 20 day of 4.17v-L 1 , 20.S P. �, City Engineer 11111111111111 111111111 11 III 2005-43876 EXHIBIT "A" LEGAL DESCRIPTION OF ROAD WIDENING The Southerly 12.00 feet of that certain tract of land situated in the NW 1/4 of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning at the Southwest corner of the Graham DLC No. 52 in said Section 35; thence North along the West line of said DLC, 16 chains to a stone marked "X" (a measured course of N01°39'30" W, 1055.72 feet to a point); thence S89°47'00E along the South line of the Olsen Tract as described in Book 304, Page 99, Deed Records of said County, 605.24 feet (a measured distance) to the True Point of Beginning; thence N00°11'00"E 59.19 feet; thence N31°00'41"E, 130.00 feet; thence N58°59'19"W, 17.39 feet; thence N89°49'00"W, 75.69 feet to an intersection with the Northerly extension of the West line of the Quinn Tract as described in Book 366, Page 4, Deed Records of said County; thence S00°11'00"W along the West line and its extension of said Quinn Tract, 181 .13 feet to the Northerly line of SW Cascade Avenue as now widened by Washington County at 30.0 feet from centerline; thence on a 165.00-foot radius curve to the left, which has a chord that bears S83°17'43"E, 24.16 feet, an arc distance of 24.18 feet; thence N00°11'00" E, 4.14 feet to the True Point of Beginning. Contains 290 square feet, more or less As shown on Exhibit "B" attached hereto and by this reference made a part hereof. 11E111111111 111111111 II Ill 2005-43876 EXHIBIT " B " N89°49'00"W 75.69' 4,s4,.$9, •39 7B �Y 00 AO PROPERTY m IN QUESTION 00 0 //// AREA OF WIDENING 0 0 w up W 0 0 o TRUE POINT Z OF BEGINNING N // 4. 14' SCALE: 1 "= 30' R=165.00' D=8°23'49" L=24. 18' p sW CA SCALE AVENUE Wa )n County,Oregon 2005-043875 04/. ,J5 02:43:06 PM D-IPPS Cnt■1 Stn=21 RECORDS1 $30.00$6.00$11.00-Total:$47.00 After recording, return to: City of Tigard — Records Division 111111 I I 1111111 III III 1111111 13125 SW Hall Blvd. 00758504200500438750060067 Tigard, OR 97223 I,Jerry Hanson,Director of Asssosmsnt and Taxation and Ex-Officio County Clerk for Washington County, r �y.., certify do hereby certify that the Within Instrument of .,: writing was received and recorded In the book of ' ' '�9 records of said county. ypr Tr„ . Jerry R.Hanson,Director ment and Taxation, Ex-Officio County Clerk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this a I St day of t I1 , 20 OS , by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Verizon Northwest, Inc., A Washington Corporation, ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in CUP2004-00004 dated 11-29-04, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Please see the attached legal description (Exhibit "A") OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: Cascade Avenue Half-street improvements per City standards Restrictive Covenant (Future Street Improvements) • Page 1 of 4 Revision Dale. I/t/OI • 11E11111111 11111111111 111 2005-43875 Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. Restictive Covenant (Future Street Improvements) Page 2 of 4 Revision Date 1/1/01 11111111111111�� 2005-43875 (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER'S share of the cost of the improvements is $10,000 or more, the OWNER may elect to pay the CITY in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half (1 1/2%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER'S successors may pay to the CITY an amount determined by the CITY to be OWNER'S share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER'S obligations under this Agreement. CITY shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executers, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1 . The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Restrictive Covenant (Future Street Improvements) Page 3 of 4 Revision Date' 1/1/01 III!II I 111►1►Il/Ill I Ill 2005-43875 Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this Agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. OWNER: Sig ure —.A vA�0\iSC`lsl l�' Name (Print or Type) Maky.:.eier. =T. 4\sc-t 4 cm S (0,-s k- Title (Print or Type) Acknowledgement of OWNER'S signature must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. STATE OF CALIFORNIA ) County of LQ,-, r' - ) On this \ 2 day P p� A , 20 c S , before me a Notary Public, -5,,,,.. --\---c,....;,�,.,,.N, personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed. JAMES POBANZ ill Before me: �G L `'"�'% COMM.#1558672 .1 411•••••tary Public for California ( .r .- -��ti.i i NOTARY PUBUC•CAUFOII�d1k 0 ALL' LOS ANGELES COUNTY I- MY COMMISSION E 'IRES My commission expires: +M,-.-c_i_ v3 . -tccc, 1 F v-Y''v v ,MAR_CH 13,2006 _ 1 1 Accepted on behalf of the City of Tigard this 2-t day of Apr► ( , 20 05. QP_ C Engineer NO CHANGE IN TAX STATEMENT document2 Restrictive Covenant (Future Street Improvements) Page 4 of 4 RC\ISllln Date 1/1/0I I1IhI3iJ!IIII IIIII 875 Il/Il III Exhibit "A" Legal Description A tract of land situated in the NW 1/4 of Section35, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning at the Southwest corner of the Graham DLC No. 52, in Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence North along the West line of said DLC 16 chains to a stone marked "X" (a measured course of N01°39'30"W, 1055.72 feet to a point); thence S89°47'00"E along the South line of the Olsen Tract as described in Book 304, Page 99, Deed Records of said County, 605.24 feet (a measured distance to the true point of beginning, thence NO0°11'00"E 59.19 feet; thence N31°00'41"E, 130.00 feet; thence N58°59'19"W, 17.39 feet; thence N89°49'00"W, 75.69 feet to an intersection with the Northerly extension of the West line of the Quinn Tract as described in Book 366, Page 4, Deed Records of said County; thence S00°11'00"W along the West line and its extension of said Quinn Tract, 181 .13 feet to the Northerly line of SW Cascade Avenue as now widened by Washington County at 30.0 feet from centerline; thence on a 165.00-foot radius curve to the left, which has a chord that bears S83°17'43"E, 24.16 feet, an arc distance of 24.18 feet; thence N00°11'00"E, 4.14 feet to the true point of beginning. (DOR Map 1S 1W 35BC — 200) IIII IIIIIIF III IIII 2005-43875 EXHIBIT " B " 75.69' N89°49'00"W �S8° •7) Sg'7 3g, 6' 00 ^O' PROPERTY CO IN QUESTION 0o o ///� AREA OF WIDENING 0 0 • lU W 0 0 o TRUE POINT OF BEGINNING N 4. 14' SCALE: 1 "= 30' R=165.00' 0=8°23'49" L=24. 18' ro SW � AS�ADE AVENUE it