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PERM= STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION November 13, 1979 - 7:30 p.m. Fowler Junior High School - Lecture Room % 10865 SW Walnut Street - Tigard DOCKET: Conditional Use CU 23-79, Shady Lane Office Complex, Reference: CU 24--78 APPLICANT: B & B Development OWNED: Same 9221 SW Barbur Blvd. , 0304 Portland, Oregon 97219 APPLICATION DATE: October 4, 1979 SITE LOCATION: On Shady Lane Approximately 160 feet east of Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 and 203) . REQUEST: To extend the approval for a "Onditional Use to construct a professional office building on a 1.54 acre parcel in an A-2 "Multi-Family Residential" and C-3 "General Commercial" Zone in accordance with Section 18.72.030 of the Tigard Municipal Code. PREVIOrJS ACTION: On October 3, 1978, the Planning Commission approved a Conditional Use Permit to construct a professional office building on the subject site with conditions. (See Staff Report dated October 3, 1978 and Final Action Letter dated October. 16, 1978) . I. FINDINGS OF FACT: 1. Since October 3, 1978, the Conditional U3e has not been exerciser,' or constructed as required in Section 18.72.030 of the Tigard Municipal Code. 2. Inspection of the site indicates that no signifi ,ant changes in the area or on the site have taken place which might be adversely affected if this Conditional Use was extended. 3. The owner of the propQrty has changed since last year. However, the present owner intends to construct on the site to the plans approved previously. (See attached site plans.) II. STAFF RECOMMENDATION: Staff recommends extensicn n f the Conditional Use with the previous conditions plus the following: 1. That street lights be installed to the approval of the Public Works Director. STAFF REPORT � AGENDA 5.3 Page 2 2. No Occupancy Permits shall be issuad until all conditions placed upon this development by the City of Tigard have been satisfied and in5"Ctions verifying this have been carried out by the appropriate department. 3. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City da_partment and changes are arprovp,3 by that department. Applicaton for changes will be made in writing and shall include applicable d.rawincts. 4. Construction plans on all public right-o£-ways shall be submitted and approved by the Public works Director prior to commencement of work. S. Public water service and sanitary service shall be installed to this site prior to the issuance of a building permit. Prepared by n Selby Approved boward Ln sociate City Planner an ng Director vrn(- RECEIVED NaV 11978 CITY OF TIGARD O,,t�5� 15, 1978 `he^dore Bart 6 Ren;',oth Lewis 4-175 S.W. Scho113 Ferry Road P,-)Ct land, Oregon 97225 R:l i CU 24-79 Gentlemen: r?.Bass be advi sad that the Tigard Planning Conmis.sion at their regular meeting of October 3, 197a approy»ed yo,;r request for a conditional use permit to construct a Pro'* sional office building cn a 1. 54 acre parcal in a A -2 1'� .,.i-Faniiiy Qe .i � c:aizt.ial" zone and C-3 "General COmmercial" zone. This approval is $'abject to the following cond9tions: 1. That the Green-day area he left in it's natural state with this exespt.iOn of thl o•1vner Cleanin; out the dead or dying vegetation.. 2- Site drainage plans mu3t be Submitted and appro-md b,, the Ena tneering and Building D9:3.1,r tments for thq ix approTca. al prior to izaiunca o any parmits. 3 • That t':e applicant locate the propo3s4 southern office building so that all ,buildings are no 1 :•39 th.r. 1_%,q feet ab"e the ide�ztified ,flood plain •.s,•el, 4 . That t.~a landscaping be F;:bmitted to site design rev.ip+ � for a.ppro sal. The conditional cis=speL:tt it: g 5A11 expire in one yeiz f- n the I date of approval, .if try us? has not begun, and cont:inual tc4ard ;.t' full operation is no" 3n e'_r.t&3noe, prrgteas If rr� r..az be of furth•ar assistanza, ccntact t1112 Office .at 639-4171. Sincerall , F.a.i Selby Ashoc,,.ate Cit., RS-db cc: Dhrald i Lirda Buzd.ic:'c Encl. J.,L%DY LAZNE OFFICE CCttPLEX CTJ 24-78 October 15, 1979 Page Z NOTE: The following acknowledgment m,.,st be received by the City of Tigard within fourteen (14) days of your receipt of this letter. Failure to return this acknowledg"nt may result in action by the City of Tigard. I h-3reby acknowledge this letter documenting the action of tha Tigard Planning Co:nniigion. I have ree-eivO and read this letter and Z agree to the decision hATa doc=ented and to abide by any terms and/or canditl=3 attached. ;> .3�ature - -- -� STAFF REPORT AGENDA 5 . 5 %AP.D PLANNING COP'.MISSION October 3 , 1978 - 7: 30 P .M. Fowler Junior High - Lecture Room 10865 S .1,4. walnut S�- . - Tigard , Oregon Docket: Conditional Use CU 24-78 ( Shady Lar-2� Office Complex) Request : For a conditional use permit to conStrurt a professional office building on a 1 . 54 acre parcel in a A- 2 "Multi- Family Residential " zone and C-3 "General Commercial" zone. Location : On Shady lane and approximately 160 feet East of Greenburg Road (Wash . Co. Tax Map 1S1 35B, Tax Lots 201 & 203) . Applicants : Theodore Bare and Kenneth Lewis I . Findings of Fact: 1 . The northern porti of the site is designatc-d "Retail Commercial" on the NPO 42 Plan and is presentiy zoned C-3 "General Commercial" . The southern portion of the site is designated "Retail Commercial " on the NPO #2 Plan and is presently zoned A-2 "Multifami.ly Residential" . 2 . The proposal to locate an office complex: other than real estate type in a C-3 zone and A-2 zone requires a conditional use- approved by the Planning Commission. 3. The total proposed parcel is surrounded by Shady Lane fronti.ng the northern portion of the property and a gas station -forth of Shady Lane. There is commercial use � i to it ' s northwestern and residential use to the west and southwest with "Retail Commercial " designation. The southern portion (approximately 1/3 of the property) is in the flood plain and. Greenway area. To the northeast is an existing C-3 use and the continuation of the flood plain to the southeast . 4 . There exists an 8 inch sewer line and 8 inch Metzger water Line to service the area . 5 . Shady Lane is a state road and with existing 60 feet right- of-way . The proposed development will. utilize the existing driveway off of Shady Lane . 6 . The applicant proposes a two story office building of 6 , 200 square feet total on the northern property and a two story office building of 7 , 200 square feet total ori the southern portion. II . Conclusionary Findings: 1 . The request conforms with the existing zoning and Compre.- hens_ive Plan conditional uses . i STAFF REPORT AGENDA 5 . 5 TIGARD PLa-N'NING r'0W',ISSTON October 3, 1978 - 'i : 30 F.M. Page 2 2 . The flood plain along Ash Creek is identified on the 162 foot contour line; where the proposed 7 , 200 square foot, two story office building will be located within the contour. 3 . The Environmental Design and Open Space Plan describes the Greenway/Path System : "In addition to park land, this plan continues to support the Oreenway concept as a means of providing open space and pr- `ecting the natural drainage system. " (p. 30) . 4 . The Flood Plain District (chapter 18 . 57 of the Tigard Municipal Code) permits off-street parking and maneuvering areas , access ways and service drives located on the ground surface. Excavation, grading and paving may occur to construct said facilities; however, no fill shall be allowed for construction of said facilities other than gravel for a paving base and only an amount of gravel commensurate with city construction standards for said facilities shall be allowed . The proposed development indicates that there will be parking and lawn area within the flood plain. III . Staff Recommendation : 1. Statf recommends approval subject to the following condition: 1. That the identified Greenway area within the property boundaries be dedicated to the City and maintained by the owner to the City' s requirements. 2 . That the Greenway area be left in it ' s natural Ftate with the exception of the owner cleaning out the dead or dying vegetation . 3. That the applicant meets all requirements of the Flood Plain District (Ch . 18 . 57) prior to approval of building permit issuance. 4 . That the applicant rF.locate the proposed southern office building away from the flood plain area of 162 foot contour and that all buildings be no less than three feet above the identiFied flood plain Level . 5 . Site drainage plans must be st_bm.itted and approve3 by the Engineering and Building Departments fc:r their approval prior to issuance of any permits . t<we�nher 5, 1979 R e A. CRAY & COMPAITY P.O. ROX 23516 TIGARn, OR 91223 Attni Mr. Bruce Clark Ret Shady Lane (Tnrbel.l) Dear Arucel The amount which needs to he deposited Nrith rho ri.ty, to cover the coat of the first two years every and maintenance fees for the ®treetlight to be installed by 1'.G*r6 ComT)any for Tarbell's project, is $204.00, Yours truly, ,John S. Ilan,ian Supt. Lngr. Division JSHp_i r, Encl. (City to Co. - Tnstallation Order) November. 2, 1979 PORTLAND GE6ZRAL ELECTRIC CM1PANY '.'estern Division 14655 SW Old Scholl@ Ferry F.oa:l Beaverton, Or 97005 Attnt Thr. Ken Snyder Dear T?en: Please proceed to install one (1) 7000 Lu ".t►. streetli7ht on each of the following (existing) poles: 1. P.G.R. Pole Number 402(C1.1-35); situated at the curve at the intersection of ST' 95th MT-Intte and 11ade Lane. 2. P.►..£. 'Oole *lumber 58,,44 (Cll-35) a .ituaterl on Std Shadv Lane, between SV 95th Ave*ute anA-Wlreenbur9 Road. Billing for the aformentioned units to be vin Schedule "9l", Option "A". Your , very truly, John 11agu an Supt. Rngr. Division cc: Bruce Clark cel City Accountant �o •Firw�e� �/fC�� 5v� du p4� �a //-5-79 v�� lioxc Sc�. `I I p P� "RTom►-� � E- I o 2 - '7000 I.MV L���.•.-z�r�s � is / ♦ �'°/, � oz d( �' ,-'.a woo = �. /r" o (.►� 1 ,fir. ��• sic 2 7rs s x(02.• x Z - #204!0� s�'4a� uctober 23, 1979 R. A. Gray 6 Company P�n. Box 23516 Tigard, Oregon 97223 Attnt Rruce Clark Re: Shady Lane-Tarbell Dear Mr. Clark: N reviewing your building plana of Shacly Lane and in response to your memo dated October 18, 1979, 1 find that the City has required i ,stallati.on of a half street improvement, including standard curb, commercia, drive- way aprons, eight (8) (snot concrete sidewalk, street pavinE and street liRbts. And, further, that all costs for installation of th.: improven.snts end/or removal or relocation of any impacted utilities is to be the re- •ponsibility of the developer, Therefore, now, the only unresolved item is that a street liRhttnp plan needs to be forwarded to us from PaG.E. for approval. You need to initiate that action and make the necessary de- posits thereinreRards upon approval . Witt) regard to the M.0way barricade, the City has no objection to removal of e nArt of it as long as no traffic haunrd in rreatpO. Yours trills. R.L. Thompson Public Works Inspector t'1.,'r p j P R. A. GRAY & CO. P.O. BOX 23516•TIGARD, OREGON 97223•PHONE 639-b127 'tSAG � k� P � Y" ,loh r) 1TigCz�lal� I,,,I F ju.6 ja f ��h l�l�, -r�44 JOII$I7(-70-Pe,rz,c,-A 1,5 t,,, a- Pur crn of bl,I�tv)o j �6lr el,(Al c ole �baJ��r)e AT �5_-o It 04ZCt� -eVV51;ta. In ot" 1� ,qp/�/"-h �5�Jy /)ppy1t#- �14v, �-%C�qR/!=�CQ1ic,�r► e!,-f SJ!G'EET LNT rovej"wo f- (,fie plau �G Ccrn54rucf wu i� rvi- 0.4Y ewd sderkvjr , 44w IPnom o� owe. Prod ,as oyl G x 6s'i ff, al b� exist�n); Cwt.�l S�i�eevquc 4,r jq//S M4,i to, a) �Iijvix)( ,fii�0 Clw� � gdertWot-, T i3 s�w V .)�.Loy you c Ci�KJre�191s. Am4a /eo,vcYc 'pralr14A 7 71 i),�� r«P C/,�• I '?I("+NEfI S,.'w17 Oitln+ Ir•o+ Mod. •U S I S.rilrr r.,., i(.A TION - STREET IMPRr 'MENT/EXCAVATION COPY TO: ORDIN,-„+CE NO. 74-14 Ll ( PILE ❑ (BBLUE)LUE) -INSP. ❑ (INSTRUCTIONS ON SEPARATE SHEET) IYELLOWI -OTHER AGENCY(PINK, -APPLIC ANT APPROVED '2 APPLICATION NO.: &I 7 NOT APPROVED 11 CITY OF TIGARD, OREGON �_, FEE AMT.: :____ JG�/YCi PENDING FEE.PMT. EDCITY HALL. RECEIPTVO.: - :16/ PENDING SECURITY ❑ PUBLICWORKS DEPARTMENT BY leg_'l DATE_ G./! —3 / PENDING AGENCY "OK" — — � — — � — — " � ��^� ❑ Application and Progress Record MAINTENANCE BONp40 PENDING INFORMATION ❑ FOR STREET IMPROVEMENT/EXCAVATION AS REQUIRED ANNUAL 7 PENDING VARIANCE ❑ EXPIRATION DATE:_ I ( PERMIT NO.: f�'--.5`7� _ DATE ISSUED: _-lam /3 / 7� , BY: °X (1) APPLICATION IS HEREBY MADE TO EXCAVAI-E FOR AND INSTALL 1 �I q` � v`Tp�r4 AS DESCRIBED HEREIN, IN FULL. ACCORDANCE WITH CITY REQUIREMENTS. 1 APPLICANT /NAM[ DR[ —� CIV PHONE CONTRACTOR_ _ NAME A DOR[lfli CITY -V _-._____-.__PHONE PLANS BY -- -NAME ADORES -- � - PHONE � ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): S DOLLAR[ (2) EXCAVATION DATA: FOR OFFICE us[: _ UMIN. 0.02 X : STREET _DESCRIPTION 'PROGRESS & INSPECTION STATUS NAME SURFACE CUT :UT CUT MATERIAL INSTALLED ITEM DATE REMARKS TYPE LENGTH W DTH DEPTH ITEM A QUANTITY /TYPE BY ��/hUs��aCLI I 37R U T — — P INS R TI E Q -"- IJ ESTIMATED STREET OPENING DATE:_ / / E -- 3 ESTIMATED STREET CLOSING DATE: / / T E - -- D (3) SECURITY NO.G�( � 'G5 SECURITY�jMT.: $ Az; 6-0c CLOSET SURE'CY CO.:� � �.>i` v'�F/c /tib, [FINAL _---_ CERTIFIEDCHECK 0 _CASH C •O_PI b INSPEC. (4) PLOT PLAN:Y INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS/CONDITIONS: FEATURES; EXCAVATION LOCATION AND EXTENT. ,�/ T- _ CURB - • %. _ _ _ - _ _ _ _ _ _ _�� ♦ L/�'I� F/9C�/L/I7�/� a'7 1 (5) NOTE. THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PF_RTINENT LAWS AND Cf-INSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, :IND TO SAVE H.."MLESS THE CITY AND EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS. APPLICANTS SIGNAT DATE CITY OF T 1D—12420 S.W.MAIN—TIGARD,OREC 97223 RECEIPT DATE; ��' �.._ AMOUNT: $ — _ n DOLLARS LA .NAME: (I�� . [91dI Y f L 'U. — — CASH: ADDRESS: ► • G� �OX ?_�5/(� CHECK: OF FOR: ACCT. 0 PERMITS SURCHARGE AKIOUNT SEWER BILLINGS 40-364 $ BUSINESS LICENSE 05-331 PLUMBING PERMIT 05-332 $� MECHANICAL PERMIT 05-332 BUILDING PERMIT 05-333 SEWER CONNECTION 40-363 SEWER INSPECTION 40-365 SYSTEM DEV. CHARGE 25-366 PARK DEV.CHARGE #1 30 367 PARK DEV. CHARGE #2 30-368 _ 7.ONING ADJUSTMENTS 05-362 TOTALS $ 10 RECEIVED BY: - � PERMIT NUMBERS ASSIGNED: _Number Amount Number _Amount Numbor Amount S- S__ RECEIPT I r '1 ! .L .) 7 T..TN"ITF1) . ;IFIL IN'SUR,ANC C(D-M.PA29"V HOME t.•FFICE, TACOMA, WASHINGTON SUBDIVISION BOND Bond No. U_094025 KNOW ALL MEN BY THESE PRESENTS, that we _1. A. GRAY & CO. as Principal, and UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, a Washington Corporation, authorized to do business in the State of OREGON'__ as Surety, are held and firmly bound unto CITY OF TIGARD. OREGON as Obligee, in the penal aum of _TWFLVETHOUSANDANDN0THS * * * * * * * * * * * * * * * * * * * * * — LO 100THS _ -- ---- ---- ---- - (S 121000.* A DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, -K.—A. GRAY & CO. has agreed to construct *__Tl_ SHAllY- LANE___ TO4KKDOY AK in CITY_DE-TIGBRD-, DREC,_4N___ the following improvements:SIDE_j+(ALKS,_CURBS. & -THREE DRIVEWAY APRONS ON THE EAST SIDE -OFSHADYL4E ISI_C00ECIIOH-_W1,TFI.THF_I_A_RB_F_LL _BUILDING ----NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall con- struct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete scid work, then this ohligntion shall he null and void; other- wise to remain in full force and effect. Sign•d, sealed and dated this _ __ SFCONf) day of 0(;TOBFP. 19 79 R. A. GRAY & CO. Pr ncipal By: t UNITED P, CIFIC; INSURANCE COMPANY r 'y R. F OT Attarn• -Fact r 1 y. r, T]'Nl��D P� :IP'IC IN�UP,ANC�':_ CODl'�PANY HOME OFFICE, TACOMA, WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly orgenired under the laws of the State of Washington,does hereby make,constitute and appoint R. B. NEIGHBOR of PORTLAND, OREGON---------- It: t u♦and lawful Attorney-in fact,to make execute,seal and deliver for and on its behalf,and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF' SURETYSHIP---- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent a, if such bonds and undertakings a,td other writings obli3atory in the nature thereof were signed by an E xecut ve Officer of the UNITE D PACIF IC INSURANCE COMPANY and sealed ind attested by one other of such officers,and hereby ratifies and confi,ms all that its said Attorneys) in fact may do in pursuance hereof, This Power of Attorney is granted under and by authority of Section 37A of the ©N Laws of UNITED PACIFIC INSUR 41'1SCE COMPANY which provisions arc now in full force and effect,reading as follows SECTION 37A —ATTORNEYS IN FACT SECTION i. The Board of Directors, the President,or any Vice President or Assistant Vice-President shall have power and authori,y to (a) appoint Attorneys in-fact and to authorize them to execute, on behalf of the Company,bonds and undertakings,recogn zances,contracts of indemnity and oth-,r whitings obligatory in the nature thereof,and(b)to remove any such Attorney in fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys-on-fact shall have power and euthorrty,subiect to the terms and limitations of the power of attorney issued to them,to r xecute and deliver on behalf of the Company binds and undertakings,recognizances,contracts of indemnity and other -,vritmgs obligatory in the nature thereof. The esrporate seal is not necessary ror the validity of any bonds and undertakings recogn zances,contracts of irdemnity and other writings obhq:e;ory in the nature thereof This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of D,rectc•s of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971,at which a quorum was present,and said Resolution lsas not been amended or repealed "Resolved, that the s piatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any cep tificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fa,simile signatures or facsimile seal shall be valid and binding upon the Comptiny and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached" IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate seal to be hereto affixed,this_21.9t day of___MaCCh 19 39 UNITED PACIFIC INSURANCE COMPANY 0;. STATE OF �"I�ishington t IV Vice-President COUNTY OF ( ss Pierce On thin 21st -day of Mt3rch 19 79,personally appeared_-_ WM. J. COTTER - to me known to be the VrrPPresident of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and alt�sted the foregoing instrument and affixed the seal of ;i d COT rdtion thereto,and that Section 3)A,Section 1 and 2 of the 8y-Laws of said Company and the Resolution,set forth therein,are still in full force li,iy Commission Fvpires: nw Y ^ ^ June 12 19 2a Washington Notan Public in and for$tate of Residing at Tacoma Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the aheye and foregoing is a true and correct copy of a Power of Attorney executed by said UNI rED PACIFIC INSURANCE COMPANY,which is still in full force and effect. IN WITNESS WHE REOF,I have hereunto set my hand and affixed the seal of eeid Compan is 2nd day ofOaf:t1h1'r 9�. R^U•1 l31 ED 2•T2 ex.r Assisten 5ao rn f ) h `] -1: 1_ i � bK