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DDR2016-00002
DDR2O16 - 00002 PACIFIC RIM MARTIAL ARTS Fv) NOTICE OF TYPE II DECISION a DOWNTOWN DESIGN REVIEW DDR2016-00002 PACIFIC RIM MARTIAL ARTS ACADEMY TIGARD 120 DAYS = 11/8/2016 SECTION I. APPLICATION SUMMARY FILE NAME: PACIFIC RIM MARTIAL ARTS ACADEMY CASE NOS.: Downtown Design Review(DDR) DDR2016-00002 Adjustment(ADJ) ADJ2016-00111 REQUEST: The applicant is requesting downtown design review for a 3,592 square foot expansion of an existing building for use as a martial arts dojo through additions to the street front and rear portions of the building and improvements to the parking lot. A parking adjustment is requested to reduce the minimum parking on the site from 19 to 18 spaces. APPLICANT: Eleven Engineering and I)esign 2432 NE 59th Avenue Portland, OR 97213 OWNER: Mike Martyn 8970 SW Burnham Street Tigard, OR 97223 LOCATION: 8970 SW Burnham Street;Washington County Tax Map 2S102AD,Tax Lot 02700 ZONING DESIGNATION: MU-CBD: Mixed Use — Central Business District. The MU-CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed-use, multi-family and attached single family residences are permitted. New development and re-development is required to conform to the standards of Chapter 18.610. SUB-AREA: Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed-uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.520, 18.610, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795, and 18.810 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the proposed Downtown Design Review and Minimum Parking Adjustment, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this decision. NOTICE OF DECISION PAGE 1 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAI,ARTS ACADEMY CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 3. Prior to commencing any site work,the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation: 4 planted open grown trees (at $154 first + $28/each additional tree) =$154 + $84= $238. 4. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the requirements of Urban Forestry Manual Section 11, Part 2: four (4) planted open grown trees x $460/tree = $1,840. 5. Prior to commencing any site work, the applicant shall submit a landscape plan that meets the L-1 standards along the unnamed street to the southwest. 6. Prior to commencing any site work, the applicant shall submit a landscape plan that demonstrates how the other mechanical equipment will be screened from view from adjacent ROW,public spaces,and parking areas. 7. Prior to commencing any site work, the applicant shall submit an exhibit that demonstrates that all roof- mounted mechanical equipment is limited to 10 feet in height, set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings. 8. Prior to commencing any site work, the applicant shall submit a revised plan set that demonstrates that the primary ground-floor entry is oriented to the street or a public space directly facing the street (18.610.030.A.2.a.i). 9. Prior to commencing any site work, the applicant shall submit a revised Exterior Elevations plan showing a minimum of 60% ground floor window coverage for the SW Burnham Street facing facade (18.610.030.A.3.a). 10. Prior to commencing any site work, the applicant shall submit revised plans and elevations that include a projecting facade element at the primary entry adjacent to SW Burnham Street (18.610.030.A.4). 11. Prior to commencing any site work, the applicant shall submit a revised street facing elevation that includes distinct architectural bays composed of repetitive architectural elements required by the cohesive architectural facade standards (18.610.030.B). 12. Prior to commencing any site work, the applicant shall submit a revised street facing elevation that includes a clear expression of a tri-partite facade (18.610.030.C.1), integrated with the entryway and projection features, as conditioned. NOTICE OF DECISION PAGE 2 OF 30 DDR2016-10 002/ADJ2016-00111 PACIFIC RIM MARITAL,ARTS ACADEMY Nommimigoilmi 13. Prior to commencing any site work, the applicant shall submit a revised Exterior Elevations plan that shows the west elevation is architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches and/or a cornice that projects from the building face at least six inches (18.610.030.C.3.d). 14. Prior to commencing any site work, the applicant shall submit a revised site plan showing walkways that extend from ground floor entrances to both streets fronting the subject site (18.705.030.F.1). 15. Prior to commencing any site work, the applicant shall submit a revised site plan that shows walkways through the site and pedestrian safety is ensured. 16. Prior to commencing any site work, the applicant shall submit a revised site plan showing that required walkways are paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. 17. Prior to commencing any site work, the applicant shall submit a revised site plan showing the wheel stops three feet back from the edge of the landscaping. 18. Prior to commencing any site work, the applicant shall submit a revised site plan and detail showing the location of at least the minimum number of bike parking spaces and how the bike parking design standards are met. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tgard-or.gov) for review and approval: 19. Prior to commencing site improvements, a Public Facility Improvement (PFI) permit is required for this project to cover all infrastructure work and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 20. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Division will delay processing of project documents. 21. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 22. Prior to commencing site improvements, sanitary sewer and storm drainage details shall be provided to the city for review and approval as part of the PFI permit plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the PFI permit plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing,proposed and future lines shall be addressed. NOTICE OF DECISION PAGE 3 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY 23. Prior to commencing site improvements, provide sight distance certification by a registered professional engineer that adequate sight distance exists in both directions (or may be provided by identified specific improvements) for the proposed SW Burnham Street access. 24. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition) and submitted to City of Tigard with the PFI plans. 25. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. 26. Prior to commencing site improvements, the applicant shall submit design plans for the stormwater treatment facility. The design plans must be reviewed and approved before issuance of a site permit. 27. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 28. Prior to commencing site improvements, the applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access prior to issuance of the City of Tigard's site permit. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE BUILDING PERMIT: Submit to the Engineering Department(Greg Berry,503-718.-2468) for review and approval: 29. Prior to issuance of a building permit,pay the addressing fee of$50.00 for any additional addresses. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher, 503-718-2434. 30. Prior to final building inspection, the applicant shall call for a Planning Inspection to ensure the project is built according to the approved plans. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 31. Prior to a final building inspection, complete all required public improvements, including improvements to the water quality facility and a one-year maintenance assurance for the improvements. 32. Prior to final building inspection, the applicant shall submit as-built drawings tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). As-built submittal shall include an Acrobat (***.pdf) file, one 11x17 paper copy and the electronic point file as state above and shown in the example below. Excel spreadsheet/point database file example: "Feature"; "Type";"XCOORD"; "YCOORD"; "ZCOORD": "SSMH02"; "MH"; "7456892.234"; "6298769.879";"192.45" NOTICE OF DECISION PAGE 4 OF 30 DDR2016400002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY 33. Prior to a final building inspection, the applicant's traffic engineer shall submit a final sight distance certification for the SW Burnham Street access prior to City approval of the completed project improvements. 34. Prior to a final building inspection,the applicant shall demonstrate that they have entered into an agreement on City forms for the maintenance of any proprietary on-site water quality facilities that will ensure compliance with the requirements of the manufacture. Submit a maintenance plan as required by CWS Design Standards for other types of facilities. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF DECISION PAGE 5 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY romminh SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The subject site is 16,116 SF (0.37 acres) in size. The proposed development is to expand an existing martial arts dojo through additions at the street front and rear portions of the building.The existing building is 2,541 square feet with the proposed expansion of 3,592 square feet for a total of 6,133 square feet. The expansion includes a partial demolition of the existing lobby located toward SW Burnham with the construction of a two story addition in its place. The street front addition will consist of the main entry and lobby on the ground level and private office space and the sensei changing room on the second level. The rear addition will consist of expanding the dojo practice area, fitness area, changing rooms for students, storage, and laundry room. Site improvements are planned and consist of parking lot improvements at the rear of the lot and landscaping improvements along the street frontage. The development plans on maintaining the existing curb cut on Burnham Street created when the City rebuilt the street several years ago. Site History: Staff research of the subject property indicates that a Conditional Use was approved by the Planning Commission (CU 16-73) to construct an automotive repair shop in an M-4, Industrial Park zone. At the time, the Planning Commission reviewed the application because the proposed use was not a listed use,but of the type listed,including service stations, and machine and welding shops. The conditions imposed with the approval inc_uded, among other things, screening of outdoor storage. The automotive shop was in use until the sale of the property around 2010. Since that time, the use of the property, as indicated by the pole sign on the property, has continued to be automotive repair. In the past year, new owners have changed the use of the property to a martial arts dojo, classified as "indoor entertainment"in TDC18.130.060.G, a permitted use in the MU-CBD zone. Vicinity Information: The subject property is zoned MU-CBD. Adjacent properties are zoned MU-CBD. The site is bordered on the southeast by a bank; on the northeast by SW Burnham Street; on the northwest by the new mixed use Burnham Apartments;and on the southwest by an unnamed street being developed with the new Ash Apartments building. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The applicant held a neighborhood open house on June 2, 2016. One interested party attended without objection to the project. A notice of a pending land use action was sent to neighboringroperty owners within 500 feet of the subject site boundaries and to interested parties on July 13, 2016. The City did not receive any written comments from neighbors or interested parties. SECTION V. SUMMARY OF APPLICABLE CRITERIA The following summarizes the criteria applicable to this decision in the order in which they are addressed: 18.370 Variances and Adjustments 18.520 Commercial zoning districts 18.610 Tigard Downtown Plan District 18.705 Access, Egress and Circulation 18.745 Landscaping and Screening 18.755 Mixed Solid Waste and Recyclable Storage 18.765 Off-street Parking and Loading Requirements 18.780 Signs 18.790 Urban Forestry Plan 18.795 Vision Clearance Areas 18.810 Street and Utility Improvement Standards NOTICE OF DECISION PAGE 6 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 VARIANCES AND ADJUSTMENTS C. Special Adjustments. 6. Adjustments to parking standards (Chapter 18.765). a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 19.390.040, the director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: i. Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population, will reduce expected vehicle use and parking space demand for this development as compared to standard Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements; and ii. A reduction in parking will not have an adverse impact on adjacent uses. The applicant requests a 5% adjustment to reduce the minimum parking requirement by one vehicle parking space, from the required 19 parking spaces per Table 18.765.2 to the proposed 18 parking spaces. The applicant provided the following parking data from comparable sites in support of the request. There are two comparable sites within the City of Tigard; Seishinkan Karate on Main, which is located in Downtown Tigard, and The Oregon Ki Society,which is in a stand-alone building located only a few miles away from Pacific Rim. The two compared sites operate with a larger student base and at more hours of operation than Pacific Rim, causing the compared sites to have a greater impact on transportation and site impact. Both compared sites operate martial arts classes six days a week, mostly evenings and weekends, as compared to Pacific Rim Martial Arts Academy which operates classes four days a week on weekday evenings and Saturday mornings. The Seishinkan Karate on Main is currently located at 12566 SW Main Street, Tigard, OR 97223. They utilize a shared parking lot of thirty (30) parking spaces with office space (Pacific Community Design & ProDesign Solutions), it appears that two (2) spaces directly off of Main Street are dedicated to Seishinkan Karate, with three (3) dedicated to ProDesign Solutions and the remainder being shared between the three establishments at the rear of the lot; which assumes an average of eight (8) parking spaces for each establishment making ten (10) available to Seishinkan Karate during peak parking demand. This dojo is located in a 2,405 square feet tenant space. The minimum parking required would be 7 spaces (2405 / 1000 = 2.405 x 4.3 = 10.34 x 75% = 7.76), which is three (3) less spaces than the assumed provided parking spaces. The Oregon Ki Society is currently located at 12700 SW 68th Ave., Tigard, Oregon 97223. Their location is currently served by twelve (12) parking spaces. The Oregon Ki Society is housed in a 5,353 square feet stand-alone building, which is only occupied by the Oregon Ki Society. The minimum parking required would be 23 spaces (5353 / 1000 = 5.353 x 4.3 = 23.01),which is eleven (11) more spaces than the provided parking spaces. Pacific Rim Martial Arts Academy is currently served by eighteen (18) parking spaces and proposes to maintain this number. This dojo is located in a 6,133 square feet stand-alone building, which is only occupied by Pacific Rim. The minimum parking required is 19 spaces (6133 / 1000 = 6.133 x 4.3 = 26.37 x 75% = 19.77),which is one (1) more space than the provided parking spaces. Of the three dojos located within the City of Tigard, two utilize parking lots that provided less parking spaces than required (Seishinkan Karate and Pacific Rim) and the third dojo (The Oregon Ki Society) has the fewest parking spaces of the three. All three dojos do not reach their provided parking capacity during peak operating hours. This is due to the nature of transportation to site. All three dojos are within walking distance to public transportation and the student body has an inherent nature of carpooling. While all three dojos are open to adults, the majority of their students NOTICE OF DECISION PAGE 7 OF 30 DDR2016-00(X)2/ADJ2016-00111 PACIFIC RIM MARTIAI.ARTS ACADEMY are children that are dropped off or carpool to class, thus reducing the demand on off street parking to a need below what is required. We do not believe the reduction of one parking space will have an adverse impact on the immediate site and adjacent uses. This is because we are not reducing the existing number of parking spaces and that the existing parking lot does not reach current maximum capacity during peak operating hours. Additionally, the operating model of Pacific Rim Martial Arts is of quality over quantity, thus maintaining a small instructor to student ratio. Pacific Rim currently has four instructors and does not intend to increase the number of instructors or student size because of the increase in building square footage. The sole purpose of the building addition is to provide a world class space to practice martial arts and to maintain the international reputation this dojo has achieved. In addition, Pacific Rim is located approximately a quarter mile walk from the Tigard Transit Center served by bus and WES commuter train; an additional bus stop is located at Burnham and Main. Bicycle facilities are located on site for those who chose to bicycle to the establishment, along with being within walking distance of a BikeLink secure storage facility located at Main Street and Tigard Street. The location to public transit, carpooling, additional bicycle facilities, and maintaining current occupant load lend Pacific Rim Martial Arts Academy to be well served by its existing parking lot size and making the addition of one parking space a non-factor to the utilization of the site and to the impact on adjacent sites. FINDING As shown in the analysis above, the applicant has demonstrated through the observed parking of other similar businesses, the availability of transit proximate to the subject site, and the special characteristics of the customer being drop-off or car-pooled to the site, that the parking demand will be less as compared to standard Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements. Because demand is less, the proposed one space (5%) reduction in parking is minimal and will not likely have an adverse impact on adjacent uses. Therefore, the proposed adjustment to the minimum parking standard can be approved. 18.520 COMMERCIAL ZONING DISTRICTS The MU-CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed-use, multi-family and attached single family residences are permitted. New development and re-development is required to conform to the standards of Chapter 18.610. Table 18320.1 includes a list of permitted, restricted, conditional and prohibited uses in commercial zones. In the MU-CBD zone, "Indoor Entertainment" is a permitted use. The subject site is located in the MU-CBD zone. "Indoor Entertainment"is a permitted use within the zone. TABLE 18.520.2 outlines commercial development standards. Development standards for the MU-CBD zoning district are included in Table 18.610.1 and Map 18.610.A. FINDING: "Indoor Entertainment" is permitted in the MU-CBD zone. Development standards for the MU- CBD are addressed below in the Tigard Downtown Plan District section. 18.610 TIGARD DOWNTOWN PLAN DISTRICT 18.610.020 Building and Site Development Standards A. Sub-areas. The four sub-areas located on Map 18.610.A and described below have different setback and height limits in order to create a feeling of distinct districts within the larger zone. Fanno - Burnham Street. This sub-area provides an opportunity for medium scale residential or mixed use development. Compatible mixed uses (live-work, convenience retail, office and civic uses) are encouraged on the frontage of Burnham Street. The area in proximity to Fanno Creek Park will be an opportunity to create a high quality residential environment with views and access to the natural amenity of Fanno Creek Park. Building heights will step down to three stories so as not to overwhelm or cast shadows on the park. NOTICE OF DECISION PAGE 8 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARIIAI.ARTS ACADEMY The subject site fronts on SW Burnham. The proposed project is subject to the Fanno/Burnham (FB) Sub-Area development standards per map 18.610.A. B. Development standards. Development standards apply to all new development in the MU-CBD zone. 1. Development standards matrix. See Table 18.610.1 and Map 18.610.A. As shown in the Architectural Site Plan (Sheet A100), the proposed building with additions has a front setback of 11-12 feet from SW Burnham, a rear setback of 75 feet,is 22.5 feet tall, and has 20% of the site in landscaping. The applicable MU-CBD Development Standards for the Fanno/Burnham Sub-Area are met. 2. Parking location. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50% of the total frontage of the site. The proposed building frontage is 52% of the site frontage with surface parking on the side and in the rear. This standard is met. Parking is set back a minimum of 10 feet from the front property line. Proposed parking is setback over 80 feet from the front property line. This standard is met When abutting a public street, parking areas must be behind a landscaped area constructed to an L-1 standard. The applicant's plan set does not show the adjacent unnamed local street to the southwest being built with the Ash/Burnham Apartments. The landscaped of the parking lot that abuts this street is subject to the L-1 standards. L-1 parking lot screen. The L-1 standard applies to setbacks on public streets. The L-1 standard is in addition to other standards in other chapters of this title. The setback shall be a minimum of eight feet between the parking lot and public street. L-1 trees shall be considered parking lot trees and spaced between 30 and 40 feet on center within the setback. All L-1 trees shall be a minimum of 3-1/2 inch caliper at the time of planting. Shrubs shall be of a variety that will provide a three-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. As shown in the Architectural Site Plan (Sheet A100), the applicant proposes a C-2 buffer, 8 feet deep. However, the 3-1/2 inch caliper tree and 90% opacity within one year performance standard are in addition to the C-2 buffer standard. To meet this standard, the approval of this application will be conditioned to require the applicant to submit a landscape plan that meets the L-1 standards along the unnamed street to the southwest. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. The parking lot on the subject parcel shares a property line with the adjacent bank parking lot and access aisle to the southeast. Landscaping is provided along this property line except for a 70-foot section in the middle along four parking spaces. This standard is met. 3. Rooftop features/equipment screening. a. The following rooftop equipment does not require screening: solar panels, wind generators, and green roof features; equipment under two feet in height. None of these features are proposed. This standard does not apply. NOTICE OF DECISION PAGE 9 OF 30 DDR2016-0(NX)2/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY b. Elevator mechanical equipment may extend above the height limit a maximum of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. No elevator is proposed. This standard does not apply. c. Satellite dishes and other communications equipment shall be limited to 10 feet in height shall be set back a minimum of five feet from the roof edge and screened from public view to the extent possible. None are proposed with this application. This standard does not apply. d. All other roof-mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings by one of the following methods: i. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; ii. Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. The applicant states that the proposed roof top equipment is for heating and cooling,is under ten feet in height and will be screened from public view with a screen made utilizing fiber cement paneling,which is the building's primary exterior finish. Sheet A300 shows Exterior Elevations but not the proposed heating and cooling equipment. The applicant does not address visibility from adjacent buildings. To meet this standard, the applicant shall submit an exhibit that demonstrates that all roof-mounted mechanical equipment is limited to 10 feet in height, set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings. 4. Other exterior mechanical equipment. Other exterior mechanical equipment on the site (electrical boxes, etc.) shall be screened from view from adjacent ROW, public spaces, and parking areas by one or a combination of the following: a. A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; or b. Set back from the street-facing elevation so it is not visible from the public ROW; or c. Dense evergreen foliage that forms an opaque barrier when planted that will be regularly maintained. The applicant states that the front of the building will contain the gas and electric meters that will be screened from public view utilizing dense foliage. The Site and Utility Plan (Sheet C2) and Exterior Elevation Plan (Sheet A300), do not show the proposed meters or landscaping. To meet this standard, the applicant shall submit a landscape plan that demonstrates how the other mechanical equipment will be screened from view from adjacent ROW,public spaces,and parking areas. FINDING: As shown in the analysis above, not all of the building and site development standards have been met. However, these standards can be met as conditioned. CONDITIONS: • The applicant shall submit a landscape plan that meets the L-1 standards along the unnamed street to the southwest. • The applicant shall submit a landscape plan that demonstrates how the other mechanical equipment will be screened from view from adjacent ROW,public spaces, and parking areas. NOTICE OF DECISION PAGE 10 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL,ARTS ACADEMY • The applicant shall submit an exhibit that demonstrates that all roof-mounted mechanical equipment is limited to ten feet in height, set back a minimum of five feet from the roof edge and screened from public view and from views from adjacent buildings. 18.610.025 Connectivity A. Purpose statement. The purpose of this section is to implement the City of Tigard 2035 Transportation System Plan which describes a more complete system of streets and pathways to improve multi-modal access to, from and within the downtown mixed use central business district. The standards in this section are intended to execute connectivity improvement projects that will foster creation of smaller block sizes, efficient routes into and within downtown, and new streets to accommodate and encourage downtown development. The standards are also intended to solve some existing connectivity issues, such as access across railroad tracks. B. Applicability. The connectivity standards in this section apply only to those properties with designated streets or alleys as shown on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan. Development on properties with designated streets or alleys is subject to the connectivity requirements below. FINDING: As outlined in Figure 5-14G, Connectivity Projects Detail Sheet: Map 6 of Transportation System Plan, a new street, tentatively named "Ash Ct.," is being installed in compliance with Tigard's Urban Residential street standards with the Ash/Burnham Apartments currently under construction. The new street is adjacent to the property's southwest property line, making the subject lot a through lot. The connectivity standards do not otherwise apply to the subject property. 18.610.030 Building and Site Design Standards A. Create vibrant ground floors, streetscapes and rights-of-way; provide weather protection; and promote safety and security. Intent. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk- facing ground floors and entryways. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the ground floor promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces lighting, and features that allow observation and "eyes on the street." 1. Street façade. a. Street-facing façades shall be built in proximity to the street. This standard is met when at least 50% of the ground floor front building elevation(s) is located no further from the front property line than the maximum front setback standard established in Table 18.610.1; and,where maximum street-facing side setbacks are required within the Main Street sub-area, at least 50% of the ground floor street-facing side building elevation(s) is located no further from the street-facing side property line than the maximum street-facing side setback standard established in Table 18.610. As shown in the Architectural Site Plan (Sheet A100), the proposed building addition has 100% of all street facing facades within the maximum allowed 20 foot setback. This standard is met. b. Buildings more than three stories are required to step back six feet from the building façade at the beginning of the fourth story. The addition is two stories. This standard does not apply. 2. Primary entry. a. For commercial/mixed use buildings: i.At least one entry door is required for each business with a ground floor frontage. NOTICE OF DECISION PAGE 11 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY • ii. Each entrance shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. iii. All primary ground-floor common entries shall be oriented to the street or a public space directly facing the street, not to the interior or to a parking lot. As shown in the Floor Plan (Sheet A200), two recessed entry doors are provided for the business, which are protected from weather. However, both entries are oriented to the interior access way and parking lot. To meet this standard, the applicant shall submit a revised plan set that demonstrates that the primary ground-floor entry is oriented to the street or a public space directly facing the street. 3. Windows. a. Ground floor windows for nonresidential and mixed use buildings: i. 60% minimum ground floor window coverage for street-facing wall (minimum window coverage includes any glazed portions of doors). The applicant states that the ground floor glazing covers more than 60% of the street-facing façade with a visible transmittance greater than 0.6 (390 SF x .6 = 234 SF; 240 SF proposed). However, as shown on the Exterior Elevations Plan (Sheet A300) there appears to only be 175 square feet (45%) of ground floor windows for the street-facing wall. To meet this standard, the applicant shall submit a revised Architectural Site Plan showing a minimum of 60% ground floor window coverage for the Burnham Street facing wall. ii. Ground floor window transparency. All buildings with nonresidential ground floor windows must have a visible transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices, which may have tinted windows. The applicant states that street-facing façade will have a visible transmittance greater than 0.6%. This standard is met. b. Ground floor windows for residential buildings: 30% minimum ground floor window coverage for street- facing wall (minimum window coverage includes any glazed portions of doors). The use is commercial. This standard does not apply. c. Upper floor windows/doors for all buildings: i. 30% minimum upper floor window coverage for each floor of the street-facing wall (minimum window coverage includes any glazed portions of doors). ii. The required upper floor window/balcony door percentage does not apply to floors where sloped roofs and dormer windows are used. iii. Upper floor windows shall be vertically oriented (a minimum vertical to horizontal dimension ratio of 1.5:1). As shown on the Exterior Elevations plan (Sheet A300) and as the applicant states the second level glazing covers more than 30% of the street-facing façade and are vertically oriented (390 SF x .3 = 117 SF); 125 square feet is proposed.These standards are met. d. Window shadowing for all buildings: Windows shall be designed to provide shadowing. This can be accomplished by recessing windows three inches into the facade and/or incorporating trim of a contrasting material or color. The applicant states glazing will be shadowed by recessing the windows a minimum of three inches into the façade, as well as utilizing a contrasting color for the window trim. This standard is met. 4. Weather protection. NOTICE OF DECISION PAGE 12 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY For nonresidential and mixed use buildings: a. A projecting façade element (awning, canopy, arcade, or marquee) is required on the street facing façade of the street with the highest functional classification. b. Awnings/marquees/canopies may project a minimum of three feet and a maximum of six feet from the façade (a maximum of four feet into the public right-of-way). c. The element shall have a minimum 10-foot clearance from the bottom of the element to the sidewalk. d. Awnings must match the width of storefronts or window openings. e. Internally lit awnings are not permitted. f. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials). As shown in Floor Plan (Sheet A2OO) and Exterior Elevation Plan (Sheet A3OO), weather protection is provided by 5-foot recesses. However, no projecting facade element is proposed for the primary entry facing SW Burnham, which has the highest functional classification. To meet this standard, the applicant shall submit revised plans and elevations that include a projecting façade element at the primary entry adjacent to SW Burnham Street. B. Cohesive architectural façade standards. Intent. Build and expand upon downtown Tigard's architectural character by incorporating cohesive and repetitive architectural elements into the ground floor of street-facing façades. 1. Architectural bays for nonresidential and mixed use buildings. Divide the street-facing ground floor of commercial/mixed use storefronts into distinct architectural bays that are no more than 30 feet on center. For the purpose of this standard, an architectural bay is defined as the zone between the outside edges of an engaged column,pilaster,post, or vertical wall area. As shown on Exterior Elevation-East (Sheet A3OO) and described in the narrative, the street facing ground and second floor façade is composed of two areas, a 26 foot long area recessed by one foot behind the remainder 12- foot long section that includes and is continuous with the parapet. The effect is not one of distinct architectural bays composed of repetitive architectural elements, but of an asymmetrical composition with a suburban feel. Because there are several other street facing facade standards that have not been met with respect to entrances and projections, the street facing design must be recomposed, which may create an opportunity to incorporate a more cohesive architectural facade. To meet this standard, the applicant shall submit revised elevations that include distinct architectural bays composed of repetitive architectural elements required by the cohesive architectural facade standards. C. Integrated building façade standards. Intent. Build upon and improve downtown Tigard's architecture by creating an attractive and unified building façade that encourages ground floor activities, and creates visually interesting façades and roofs. 1. Nonresidential and mixed use building tri-partite façades. Nonresidential and mixed use buildings two stories and above shall have three clearly defined elements on the street-facing facade(s): a base (extends from the sidewalk to the bottom of the second story or the belt course/string course that separates the ground floor from the middle of the building); a middle (distinguished from the top and base of the building by use of building elements); and a top (roof form/element at the uppermost portion of the façade that visually terminates the façade). A tri-partite façade creates a unified façade and breaks up vertical mass. As shown on the Exterior Elevations-East (Sheet A3O0), the proposed two-story street-facing commercial building addition is asymmetrical with two thirds of the facade in a two-story windowed area and one third in an unarticulated vertical area that merges with the parapet. The intent of the integrated street-facing building façade standards could be better served by creating an entry that serves ground floor activities and a cornice that defines a top for the building. A belt course separating the ground floor from the middle is partially shown with the cedar paneling between first and second story windows. NOTICE OF DECISION PAGE 13 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY To meet these standards, the applicant shall submit a revised street facing elevation that includes a clear expression of a tri-partite facade,integrated with the entryway and projection features,as conditioned. 3. Roof forms. a. The roof form of a building shall follow one (or a combination) of the following forms: i. Flat roof with parapet or cornice; ii. Hip roof; iii. Gabled roof; iv. Full mansard roof; v. Dormers; vi. Shed roof. The roof of the proposed two-story addition is flat with a parapet and the roof of the existing single-story building with proposed rear addition is a low-slope (2/12) gabled roof.This standard is met. b. All sloped roofs (other than full mansard roofs) exposed to view from adjacent public or private streets and properties shall have a minimum 5/12 pitch. The Exterior Elevations (Sheet A300) shows the exiting 65 foot long pitched roof with a 2/12 pitch. The proposed rear addition is 48 feet in length and matches this pitch. There is an opportunity to use a 5/12 pitch in the new addition so that the view from the unnamed street to the southwest meets the standard. However, according to (e) below, additions to existing structures shall have a similar slope. Therefore, this standard is met. c. Sloped roofs shall have eaves, exclusive of rain gutters, that must project from the building wall at least 12 inches. As seen from the southwest, the new addition does not include eaves. However, there is a five-foot overhang along the existing mid portion of the building on the southeast side.As long as the proposed building matches the existing building or provides a minimum one-foot eve extension, this standards is met. d. All flat roofs or those with a pitch of less than 5/12 shall be architecturally treated or articulated with a parapet wall that must project vertically above the roof line at least 12 inches and/or a cornice that must project from the building face at least six inches. As shown on the Exterior Elevations-West (Sheet A300), the roof pitch is 2/12 for the new western addition. To meet this standard, the applicant shall submit a revised Exterior Elevations plan that shows the west elevation is architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches and/or a cornice that projects from the building face at least six inches. e. When an addition to an existing structure or a new structure is proposed in an existing development, the roof forms for the new structures shall have similar slope and be constructed of the same materials as the existing roof. As shown on the Exterior Elevations-West and South (Sheet A300), the western addition proposes to match the existing 2/12 roof pitch. However, the proposed 30-foot x 39-foot eastern addition replaces a portion of the existing single-story building with a two-story structure with flat roof and parapet. The two story addition is a significant departure from the remaining existing structure to warrant the change in roof type. This standard is met. f. Green roof features and/or rooftop gardens are encouraged. As part of the development permit, the applicant shall execute a covenant ensuring the maintenance of any green roof. The covenant shall be approved by the director on city-provided forms. The applicant has not proposed any green roof features or rooftop gardens. This standard does not apply. D. Create street corners with strong identity. NOTICE OF DECISION PAGE 14 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY Intent. Create a strong architectural statement at street corners. Establish visual landmarks and enhance visual variety. The subject site is an interior through lot. This standard does not apply. E. Assure building quality, permanence and durability. Intent. Use building materials that evoke a sense of permanence and are compatible with Downtown Tigard and the surrounding built and natural environment. 1. Building materials. a. The following exterior building materials or finishes are prohibited: i. Vinyl siding; ii. T-111 or similar sheet materials; iii. Plain concrete block (not including split faced, colored, or other block designs that mimic stone, brick, or other masonry); foundation material may be skim-coated concrete block where the foundation material is not revealed for more than two feet; iv. Mirrored glass. The listed prohibited materials are not proposed. The standard is met. F. Open space/public plaza. Intent: Assure adequate public,private and shared outdoor space. 1. Mixed use and commercial developments greater than 60,000 square feet. With the proposed additions the building would total 6,133 square feet. This requirement does not apply. FINDING: As shown in the analysis above, not all of the Building and Site Design Standards are met,but can be met with the following conditions of approval. CONDITIONS: • The applicant shall submit a revised plan set that demonstrates that the primary ground-floor entry is oriented to the street or a public space directly facing the street (18.610.030.A.2.a.i). • The applicant shall submit a revised Exterior Elevations plan showing a minimum of 60% ground floor window coverage for the SW Burnham Street facing façade (18.610.030.A.3.a). • The applicant shall submit revised plans and elevations that include a projecting façade element at the primary entry adjacent to SW Burnham Street (18.610.030.A.4). • The applicant shall submit a revised street facing elevation that includes distinct architectural bays composed of repetitive architectural elements required by the cohesive architectural façade standards (18.610.030.B). • The applicant shall submit a revised street facing elevation that includes a clear expression of a tri-partite façade (18.610.030.C.1), integrated with the entryway and projection features, as conditioned. • The applicant shall submit a revised Exterior Elevations plan that shows the west elevation is architecturally treated or articulated with a parapet wall that projects vertically above the roof line at least 12 inches and/or a cornice that projects from the building face at least six inches (18.610.030.0.3.d). NOTICE OF DECISION PAGE 15 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY 18.610.035 Additional Standards Applications must conform to all applicable standards in the following chapters: A. Access Egress and Circulation (see Chapter 18.705). B. Environmental Performance Standards (see Chapter 18.725). C. Exceptions to Development Standards (see Chapter 18.730). D. Landscaping and Screening (see Chapter 18.745). E. Mixed Solid Waste and Recyclable Storage (see Chapter 18.755). F. Off-Street Parking and Loading Requirements (see Chapter 18.765). G. Sensitive Lands (see Chapter 18.775). H. Signs (see Chapter 18.780). I. Urban Forestry Plan (see Chapter 18.790). J. Visual Clearance (see Chapter 18.795). K. Wireless Communication Facilities (see Chapter 18.798). L. Street and Utility Improvement Standards (see Chapter 18.810). The applicable standards in these chapters are addressed in the findings below for each chapter. 18.610.055 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the development code, the following standards shall be met: 1. Zoning district regulations. Residential-only developments within the MU-CBD zone shall meet the sign requirements for the R-40 zone, 18.780.130.B; nonresidential developments within the MU-CBD zone shall meet the sign requirements for the commercial zones, 18.780.130.C, and the additional requirements below. The applicant has not applied for sign permits with this application. Prior to any sign placement the applicant must apply for sign permits as indicated above. 18.610.060 Off-Street Parking and Loading Requirements A. Parking standards. New development in the downtown must conform to the requirements of Chapter 18.765 with the following exceptions. 1. Multifamily units. In the MU-CBD zone the minimum parking requirement for all multifamily units shall be 1.0/DU. Adequate provisions for barrier-free parking shall be as required by the state building code. Visitor parking spaces are not required. Bicycle parking requirements shall not be reduced. The proposed use is commercial. This requirement does not apply. 2. All other uses. For all other uses the minimum off-street vehicle parking requirements shall be 75% of the total computed from Table 18.765.2. Bicycle parking requirements shall not be reduced. Nineteen (19) vehicle parking spaces are required, but 18 spaces are proposed. The applicant has applied for a five percent adjustment to the minimum parking standards, as reviewed above under the adjustments section of this decision. The adjustment criteria have been met and the adjustment is approved. Three bike parking spaces are required and four spaces are proposed. The adjusted minimum off-street vehicle parking and bicycle parking requirements are met. 3. Main Street-Center sub-area. New commercial development up to 20,000 square feet in the Main Street-Center sub-area (shown on Map 18.610.A) shall have no minimum vehicle parking requirements, except that any multifamily units shall have a minimum of 1.0/DU. The subject site is located in the Fanno/Burnham Subarea. This requirement does not apply. 4. Fractional space requirements. In the MU-CBD zone, when calculating the total minimum number of vehicle parking spaces required in Table 18.765.2, fractional space requirements shall not be counted as a whole space. NO9CR OF DECISION PAGE 16 OF 30 DDR2016-0(X102/ADJ2016-00111 PACIFIC RIM MARTIAL,ARTS ACADEMY The applicant's parking calculation rounded down, as shown in the findings for the adjustment request: "The minimum parking required is 19 spaces (6133 / 1000 = 6.133 x 4.3 = 26.37 x 75% = 19.77)." This requirement is met. 5. Motorcycle/scooter parking may substitute for up to five spaces or five percent of required automobile parking, whichever is less. For every four motorcycle/scooter parking spaces provided, the automobile parking requirement is reduced by one space. Each motorcycle space must be at least four feet wide and eight feet deep. Existing parking may be converted to take advantage of this provision. No motorcycle parking has been proposed. This requirement does not apply. 6. Further adjustments. As provided for in 18.765.070.F, further adjustments to parking standards can be applied for. The applicant applied for an adjustment to the minimum parking standards, as reviewed in the findings above under the Variances and Adjustment section of this decision. FINDING: As shown in the analysis above, not all of the applicable Downtown Plan District standards are met, but can be met with satisfaction of the conditions of approval imposed under each subsection, above. 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. The change of use of the site from motor vehicle repair (2.0 parking spaces/1,000 square feet) to indoor recreation (4.2 parking spaces/1,000 square feet) requires additional on-site parking. Therefore, the provisions of this chapter apply. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. The new owner of the building has changed the use of the building from motor vehicle repair to indoor recreation over the past months. The subject application is for establishment of the new use and an expansion of the existing building to accommodate the new use.Approval of the proposed use and addition, as demonstrated in this decision, will make it a lawful use. 18.705.030 General Provisions D. Public street access. All vehicular access and egress as required in 18.705.030.H and 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. As shown on the Architectural Site Plan (Sheet A100), the existing driveway connects directly to SW Burnham Street. This standard is met. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: NOTICE OF DECISION PAGE 17 OF 30 DDR2016-0((X)2/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY • 1. 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. As shown in the Architectural Site Plan (Sheet A100), there are no walkways shown between the ground floor entrances of the proposed addition to the street which provides the required access (SW Burnham). The applicant argues that the grade is too steep to accommodate a pedestrian way that meets ADA standards and preserve sufficient landscaping to comply with the 20% minimum landscaping standard. There is insufficient information in the application to determine existing topography and the grades that would apply to ADA facilities. With respect to landscaping minimums, green roof features and/or rooftop gardens are encouraged (18.610.030.C.3.f), which could be used to offset area needed to provide an ADA access to SW Burnham. In addition, the subject site is a through-lot with frontage on both SW Burnham and the unnamed street to the southwest. No walkways are proposed between the subject site and the new multifamily Burnham/Ash Apartments served by this adjacent street. The applicant has not made a case that the pedestrian walkway connection to the unnamed street to connect with neighboring development is impractical. To meet the pedestrian walkway provisions, the applicant shall submit a revised site plan showing walkways that extend from ground floor entrances to both streets fronting the subject site (18.705.030.F.1). 2. Within all attached housing (except two-family dwellings) and multifamily developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities. The proposed project is commercial. This standard does not apply. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-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. No walkways are shown within the site that either cross drive aisles or provide pedestrian access from the parking area to the ground floor entries. To meet this standard, the applicant shall submit a revised site plan that shows walkways through the site and pedestrian safety is ensured. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. 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. No walkways are shown within the site. To meet this standard, the applicant shall submit a revised site plan showing that required walkways are paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. NOTICE OF DECISION PAGE 18 OF 30 DDR2016-(0)002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY H.Access management. 1. 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 (depending on jurisdiction of facility). Access to the site is provided by an existing driveway along Burnham Street. The street was improved by the Burnham Street Improvement project as part of The Downtown Plan District. An approved intersection sight distance certification will be required prior to issuance of building permits. A fmal sight distance certification is required prior to final building inspection. As conditioned, this requirement is met. 2. 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 be 150 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. 3. 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. 4. The minimum spacing of local streets along a local street shall be 125 feet. The proposed driveway is not within 150 feet of a collector or arterial intersection. This requirement is met. 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. No new driveways along a collector or arterial street or local street are proposed. This requirement is met. J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3. TABLE 18.705.3 VEHICULAR ACCESS/EGRESS REQUIREMENTS: COMMERCIAL AND INDUSTRIAL USES Required Parking Spaces Min.Number of Min.Access Min. Pavement Width Driveways Required Width 0-99 1 30' 24'curbs required Nineteen parking spaces are required for the subject site. The City's reconstruction of SW Burnham provided for a curb cut and access/egress to the site that is 30 feet with 24 access way with curbs. This standard is met. 2.Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; As shown in the Architectural Site Plan (Sheet A100), access is provided immediately adjacent to the primary ground floor entrances. This standard is met. 3. Additional requirements for truck traffic may be placed as conditions of site development review. NOTICE OF DECISION PAGE 19 Ol,30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL,AR'T'S ACADEMY No truck traffic is expected with the indoor entertainment use. This standard does not apply. FINDING: As shown in the analysis above, not all of the Access, Egress and Circulation standards are met, but can be met with the following conditions of approval. CONDITIONS: ■ The applicant shall submit a revised site plan showing walkways that extend from ground floor entrances to both streets fronting the subject site (18.705.030.F.1). • The applicant shall submit a revised site plan that shows walkways through the site and pedestrian safety is ensured. • The applicant shall submit a revised site plan showing that required walkways are paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Trees A. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Soil Volume Standards in the Urban Forestry Manual. E. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be planted no more than 6 feet from the right of way according to the Street Tree Planting Standards in the Urban Forestry Manual when planting within the right of way is not practicable. The subject site is a through lot with frontage on SW Burnham Street and the unnamed street under construction with the Ash/Burnham Apartments. Street trees were planted with the City's reconstruction of SW Burnham Street. Street trees will be planted as part of the Ash/Burnham Apartments project even though the street has frontage on the subject parcel. The street tree standards are met. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way,buffering,but not screening, shall be required as specified in the matrix. NOTICE OF DECISION PAGE 20 OF 30 DDR2016-1N1002/ADJ2016-00111 PACIFIC RIM MARTIAL.ARTS ACADEMY 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the city. 3.A fence, hedge or wall, or any combination of such elements,which are located in any yard is subject to the conditions and requirements of paragraph B.8 and subsection D of this section. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. Trees shall be chosen from any of the tree lists in the Urban Forestry Manual (except the nuisance tree list) unless otherwise approved by the director and have a minimum caliper of 1-1/2 inches for deciduous trees and a minimum height of six feet for evergreen trees at the time of planting. Spacing for trees shall be as follows: i. Small stature or columnar trees shall be spaced no less than 15 feet on center and no greater than 20 feet on center. ii. Medium stature trees shall be spaced no less than 20 feet on center and no greater than 30 feet on center. iii. Large stature trees shall be spaced no less than 30 feet on center and no greater than 40 feet on center. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area. c. The remaining area shall be planted in lawn or other living ground cover. According to Table 18.745.1, a level C buffer is required between parking lots having between 4 and 50 spaces and adjacent multi-family development. The proposed parking lot is for 18 spaces, so the C-level buffer applies to the northwest property line abutting the parking lot. As shown on the Architectural Site Plan (Sheet A100), an 8-foot wide Option C-2 buffer is proposed to screen the parking lot from adjoining multifamily property to the northwest and the unnamed street to the southwest including a 6-foot slatted cyclone fence and an 8-foot landscaped buffer. Screening between parking lots and public streets require application of L-1 standards and is addressed below. This standard is met. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. In no cases shall nonconforming screening of parking and loading areas (i.e., nonconforming situation) be permitted to become any less conforming. Nonconforming screening of parking and loading areas shall be brought into conformance with the provisions of this chapter as part of the approval process for conditional use (Type III), downtown design review (Type II and III), planned development (Type III), and site development review (Type II) permits only. The specifications for this screening are as follows: i. 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; ii. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; iii. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; NOTICE OF DECISION PAGE 21 OF 30 DDR2016-001X12/AD]2016-00111 PACIFIC RIM NIART IAI,ARTS ACADEMY iv. All parking areas, including parking spaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the parking area in accordance with the parking lot tree canopy standards in the Urban Forestry Manual. The parking lot is located at the rear of the lot and is screened from SW Burnham Street by the building and fencing/gate located toward the front of the drive aisle. When the gate is open the parking lot is screened by landscaping consisting of a balance of low lying and vertical shrubbery. The project's Urban Forestry Plan demonstrates compliance with tree canopy cover for parking lots. These standards are met. 2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. The applicant states "the gas meter and electrical meter will be screened using vegetation." The planning site inspection will ensure that screening is provided prior to occupancy. This standard is met. 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The applicant's narrative states "the refuse and recycling containers are the residential wheeled type and are kept indoors until scheduled pickup times."This standard is met. FINDING: As shown in the analysis above, the proposal meets all of the applicable landscape and screening standards. 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.010 Purpose and Applicability B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to new multi-unit residential buildings containing five or more units and nonresidential construction that are subject to full site plan or design review; and are located within urban zones that allow, outright or by condition, for such uses. FINDING: The proposed expansion of the commercial dojo in the MU-CBD zone requires design review and, therefore, is subject to the mixed solid waste and recyclable storage standards. The applicant submitted a service provider letter dated May 17, 2016 from Pride Disposal who currently serves the site at 8970 SW Burnham St. Pride finds that since the site will continue to use residential style roll carts for the garbage and recycling, there will be no change to the service. The subject development meets the applicable standards of the serviced provider. These standards are met. 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.030 General Provisions G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the state building code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. As shown on the Architectural Site Plan (Sheet A100), the parking plan includes one required ADA spaces. Specific design standards are reviewed at the time of building permit. This standard is met. NOTICI?OF DECISION PAGE 22 OF 30 DDR2016-00K12/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY • 18.765.040 General Design Standards B.Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705, Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences,walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained; and 6. Excluding single-family and duplex residences, except as provided by 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. As shown in the Architectural Site Plan (Sheet A100), the parking plan meets the applicable general design standards. These standards are met. I. Parking lot striping. 1. Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. As shown in the Architectural Site Plan (Sheet A100), the parking plan shows the required parking lot striping. This standard is met. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. As shown in the Architectural Site Plan (Sheet A100), the parking plan includes wheel stops. However, the stops are located at the end of the stall space at the edge of landscaping. According to the Site Statistics section of the Architectural Site Plan (Sheet A100), the site just meets the minimum 20% landscaping requirement. Therefore, the wheel stops will need to be kept back 3 feet from the landscape edge and not overhang. To meet this standard, the applicant shall submit a revised site plan showing the wheel stops three feet back from the edge of the landscaping. N. Space and aisle dimensions. (Figure 18.765.1) As shown in the Architectural Site Plan (Sheet A100), proposed parking is consistent with the standards in Figured 18.765.1. The space and aisle dimensions are met. 18.765.050 Bicycle Parking Design Standards A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to locate the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions NOTICE OF DECISION PAGE 23 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY may be made to the latter requirement for parking on upper stories within a multi-story residential building. B. Covered parking spaces. 1. When possible,bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. C. Design requirements. The following design requirements apply to the installation of bicycle racks: 1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground,wall or other structure; 3. Bicycle parking spaces shall be at least two and one-half feet by six feet long, and,when covered,with a vertical clearance of seven feet. An access aisle at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must be accessible without moving another bicycle; 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased.At-cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in 18.370.020.C.5.e. The applicant's narrative shows that, for Indoor Entertainment, a minimum of 3 bicycle parking spaces are required (0.5 / 1,000 = 6,133 / 1,000 = 6.133 x 0.5). The Architectural Site Plan (Sheet A100) includes a note that four spaces will be provided,but are not shown on the plan. To meet the bike parking standards, the applicant shall submit a revised site plan and detail showing the location of at least the minimum number of bike parking spaces and how the bike parking design standards are met. Table 18.765.2 includes the Minimum and Maximum Off-Street Parking Requirements for indoor entertainment. Per section 18.610.060.A.2, off-street parking in the MU-CBD for uses other than residential shall be 75% of the total computed from Table 18.765.2. "Indoor Entertainment" requires 4.3 spaces / 1,000 square feet = 6,133 / 1,000 = 6.13 x 4.3 = 26.36 / 75% = 19 parking spaces. Eighteen (18) parking spaces are provided. Therefore, the applicant has applied for an adjustment, which is reviewed above, fording that the adjustment criteria are met and that the adjustment can be approved. FINDING: As shown in the analysis above, not all of the Off-Street Parking and Loading Requirements are met, but can be met with the following conditions of approval. CONDITIONS: • The applicant shall submit a revised site plan showing the wheel stops three feet back from the edge of the landscaping. • The applicant shall submit a revised site plan and detail showing the location of at least the minimum number of bike parking spaces and how the bike parking design standards are met. NOTICE OF DECISION PAGE 24 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARITAL ARTS ACADEMY 18.790 URBAN FORESTRY PLAN 18.790.030 Urban Forestry Plan Requirements Urban forestry plan requirements. An urban forestry plan shall: Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); Meet the tree canopy site plan standards in the Urban Forestry Manual; and Meet the supplemental report standards in the Urban Forestry Manual. An Urban Forestry Plan prepared/approved by a certified arborist,Todd Prager,has been provided. The tree preservation and removal and canopy plans are shown on Sheet A300,Attachment 2 showing a Burnham street tree to be preserved and four new trees to be planted as part of this project. The overall percentage site tree canopy cover is 43%. The City of Tigard tree canopy cover for MU-CBD is 25%. FINDING: Based on the analysis above, the urban forestry plan requirements are met. 18.790.060 Urban Forestry Plan Implementation A. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11, part 2 of the Urban Forestry Manual. The applicant's proposal does not address tree establishment. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11,Part 2. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11,Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan. This can be met through a condition of approval. FINDING: Based on the analysis above, the applicable urban forestry tree establishment and inventory standards can be met with the following conditions of approval. CONDITIONS: • Prior to any ground disturbance work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. • The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection. NOTICE OF DECISION PAGE 25 OF 30 DDR2016-00(X)2/ADJ2016-00111 PACIFIC RIM MARTIAL.ARTS ACADEMY • Prior to any ground disturbance work, the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation: 4 planted open grown trees (at$154 first + $28/each additional tree) =$154 + $84 = $238. • Prior to any ground disturbance work, the applicant shall provide a tree establishment bond that meets the requirements of Urban Forestry Manual Section 11, Part 2: four (4) planted open grown trees x$460/tree = $1,840. 18.795 VISUAL CLEARANCE 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. FINDING: The subject site is located within the MU-CBD zone.This standard does not apply. 18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS: 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: Minimum Rights-of-Way and Street Widths: Section 18.810.030.E sets the required width of right-of-way and paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities,street lighting,storm drainage,and street trees. Section 18.810.030.E includes minimum right-of-way and street standards for The Downtown Plan District. The Burnham Street frontage is fully improved within adequate right-of-way. A 54-foot wide right-of-way as required for the proposed adjacent local street is available. No additional right-of-way is required. 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. The existing service is proposed to continue serving the site. No extension of public lines 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). NOTICE OF DECISION PAGE 26 OF 30 DDR20I6-(M tMI2/AD.J2016-00111 PACIFIC RIM MARTIAL,ARTS ACADEMY The area surrounding the site is currently provided with drainage. No additional facilities are required to accommodate upstream drainage. 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. The site is adjacent to Fanno Creek so storm water runoff will be permitted to discharge without detention and the applicant shall pay the fee in-lieu. The fee is $275.00 per 2640 square feet of new impervious area. The applicant's engineer states they are proposing to connect to the Burnham and Ash Apartments' system. This will not be allowed. The storm line from this project must connect to an approved public system. 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. The adjacent street is without overhead utilities. All onsite utilities will be required to be placed underground. NOTICE OF DECISION PAGE 27 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: A traffic study was not required by the criteria of 18.810.030.CC and was not required. Fire and Life Safety: The applicant will be required to provide written approval from Tualatin Valley Fire and Rescue for fire flow, hydrant placement and access prior to issuance of a site permit. Public Water System: The existing service is proposed is continue providing service to the site. No extension of public lines is required. Storm Water Quality: Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) 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. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to approval of PFI, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. Water quality is also required for new impervious surface created on widened streets. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. In a letter dated June 29, 2016, connection to a water quality manhole being constructed in adjacent local street is proposed to provide treatment. However, this facility is not available for treatment of multiple private developments. An on-site facility complying with CWS design standards will be required. Applicant shall submit plans and calculations for review and approval of an on-site treatment 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 less than one acre, the developer will not 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. The site is 0.37 acre. An erosion control permit will be required. 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. NOTICE OF DECISION PAGE 28 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permits. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2",etc. The current address may be retained for an expanded building. The addressing fee will be $50 for each new address. SECTION VII. OTHER STAFF COMMENTS The City Police Department reviewed the proposal and did not provide comment. The City Building Official reviewed the proposal and commented that the required walkway to SW Burnham Street must meet ADA design standards. The City Development Review Engineer (Contact Greg Berry, 503-718-2468) has reviewed the proposal and provided comments in a Memorandum dated August 2, 2016, which can be found in the land use file and as an attachment to this decision. The findings and conclusions in the Memorandum have been incorporated into this land use decision. SECTION VIII. AGENCY COMMENTS Clean Water Services (Jackie Sue Humphreys, 503-681-3600) has reviewed this proposal and issued a letter dated July 26, 2016 stating conditions to be met prior to any work on the site. In addition, a CWS Sensitive Area Pre- Screening Site Assessment (File No. 16-001531) finds that sensitive areas do not appear to be present within 200 feet of the site. Compliance with CWS standards is required through a condition of approval prior to obtaining a site permit. Tualatin Valley Fire and Rescue (TVF&R) (John Wolfe, 503-259-1504) has reviewed the proposal and provided comments in an August 2, 2016 letter. The applicant has been conditioned to obtain approval from TVF&R prior to obtaining a site permit. Attachments: Site Plan The City of Tigard Development Review Engineer Memo, dated August 2, 2016 TVF&R Letter dated August 2,2016 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance NOTICE OF DECISION PAGE 29 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 8, 2016 AND EFFECTIVE ON AUGUST 25, 2016 UNLESS AN APPEAL IS FILED. Areal: The Director's Decision is final 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 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. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rues of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 4:00 PM ON AUGUST 24, 2016. Questions: If you have any questions, please call the *ty of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at 03) 639-417 August 8.2016 PREPARED BY: Gary Pagenst cher DATE Associate Pla er 41 le OfL C. August 8.2016 AP ' •V 9 BY: Tom McGuire DATE Assistant Community Development Director NOTICE OF DECISION PAGE 30 OF 30 DDR2016-00002/ADJ2016-00111 PACIFIC RIM MARTIAL ARTS ACADEMY • M o < 0 r- M P. 8 31$ 11.12.,..,..... Zq 01 C Z a. Yj $`y W .:1 Vit' _ g U W . . . Ilik, I'd/ l®■ ° C $ 3 A. K______ [. , �,\, \ Y 3 W Q o ca .__ R?\ im, �^Y _.,5 \\\\\\\�\\\\\\�\ 5 ''\ 1 F vvvvvvvv vvvOvvvvvv t: \\ \ # .iQ \\ 00 \\ \\ \\ Few 5 i' 5w cn 4 0 a z o aFA. 1 : d : 1 ! FP e i t. i \\ yg °q € 3 `CG Q W .t IO `ie WM¢1 ,1111111111 g Site Plan City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.3 ADDITIONAL DOCUMENTS 0111 Marianne Zarkin LANDSCAPE ARCHITECTS May 14, 2018 Gary Pagenstecher City of Tigard Tigard, Oregon RE: Pacific Rim Plantings Dear Mr. Pagenstecher, As requested, I have reviewed the quantity and species of plantings at the Pacific Rim Martial Arts studio project and find that the installed plant materials generally conform to the those shown on the planting plan dated 12.12.16. I say generally as there are a few differences from the original drawing which are in the spirit of the design and I think acceptable changes: 1) The substitution of a different species of Juncus (rush) due to the lack of availability of the specified plant. This occurs regularly in commercial planting installations. We specified Juncus effucsus var pacificus (Soft rush) and the substituted plant is Juncus patens (Spreading rush). Both are on the CWS list of plants for filter strips and they will perform the same in this situation and look very similar. 2) There are more Deschampsia (grass) plants installed than shown on the planting plan. 3) The cultivar of the Camellia planted in the front of the building is not the species or cultivar specified, but the planted species is similar sized to the specified shrub and should grow to fill in the space in front of the building in the same manner as the shrub specified. Please let me know if you have any questions or if I can provide you with any additional detail. Sincerely, Marianne Zarkin, PLA, ASLA, LEED GA 1326 NE 63rd Avenue, Portland OR 97213 503.802.0031 mz-la.com 1 64 4 I,..1 ATWELL PLACE / , fal.G —.'v, q 03 0 .t r Z .411111111 _______./ 41111111M z mZ OmooW W 7 iii ' m Z x O Z71 c iii Q _O ]D O Q r ';,!.., c Q a m Q y Q zD 0 9 Z n K 0 D = yKonD r%p, R m03 a/ Z n n O 1, O%! A O a� o • p °' Dm 3 D Wil, co a mr7 � O m m 7 0 30 \ m co x v c B � Q -1 < ,,n O NW i, - Q N e �� P ° Z Q3 na co I • Yr ,. + f.7 4 f' pt ▪ Jr • t 3 po - '''' I lett ▪' 7T 91: Zzn \ \\\AIpi F tn � �:���yr1'1 s n II PitiP, \ c. \ 14 1 T\ 4,11161 WI-© maPT 7 73 tD W 0, Im Q Q Q Q Q A a vN m nO Op O O O Z n il ol N N - p N O ° Q r`. lq AOO A 'r f �/ N y iti CA CA-I _=A A i:•.,• .x�,r ,mm N PO 1-rt TI A m O 0 m „:4,.„,„,.,,, O cls<C A L L 0�/\//D' «, Oi�i�i�i�i� ,i� < To A r"m ,-p Dlfjr�'/\`� 7 «« epi%%�i A s ' s m 0 0 A L 7� / '�i�ii•.p�sto O r 0 O /\/r, , Pi•••••••0 C 0 O Y.; I • 4 mv? m N. Zcx, g 4$.M1>�. it,J 1 }tt. (1 > m n 0 0 tii A Z, YY Y c, A r; ry,..'0 4. n 0 O j Q u O -, ',tr 4.LI 1 n + n 0 0 Z _ r � c D .�y'Ki,Yy.i. In �. Q Z r3 ! 3 c s fA: :.`, 3 c D n D i Q ° N. N 3 < r{ z 3 n m p n '^ ° o O :...,,.,.:4. p n o 0 — ;' ; isz, ° a a z .„, = co r.,ar'}. c m i+ ��• 47 7-' O , 3 l r1, 4 rlj,, edk"GG! p _ O 3 wm m N >!,•- [ y Z 1 r v, CP m A r`: 7. - A A A A AQ p O p p Z - In II f I . ,I A Ka-- A Na V \ \ 11111 . T L O O p O O D �►. wwti. 01�;; n n n n ■ • .2:: Iy4,44,4'y I V7. P O5 . P n n m n III SW BURNFAM STREET v .. iD ii .-m A 0v, m u �� m D ��OO� A� Z m0n+—, =(D 3 on 3a � OZm EN 98�9m $ a ��Z HQ 3 g2a m o N< T m ` 111111111 7.m V m m a. . z n[>5 #',5 0 1� •A T7 r Sim y Z 1`1 wr 0 CO n 1— z r� Dm o O ,,,y mn' ? ty E$ic O Z Z A z �, ,� N p �fz W d 3��=E +� Z D o C W -I K Tc,'CT WF, 0 m 33 Co m m z TIGARD ‘1---/q/2.(( City of Tigard /0[') o � 14/elfiAz Wednesday, April 25, 2018 KI/141P- Mike Martyn By mail and by email. Martyn Properties LLC 17051 SW Rivendell Dr. Portland, OR 97224 RE: Occupancy without Certificate of Occupancy, DCC2018-00027. Dear Mr. Martyn: The purpose of this note is to: • Confirm the status of your property, the Pacific Rim Martial Arts building at 8970 SW Burnham St., Tigard, Oregon, regarding completion of construction under our permits BUP2016-00235 and BUP2017-00060. Specifically, these premises have not received final inspection approval, have not received a Certificate of Occupancy, and the 30-day Temporary Certificate of Occupancy issued on February 15, 2018 expired on March 17, 2018; • Confirm the fact that the subject premises are currently open to the public and are being occupied without a Certificate of Occupancy in violation of Tigard Municipal Code (TMC) 18.20.020.0 and also confirm the fact that pursuant to TMC 18.20.30.0 such a violation constitutes a Class I Civil Infraction. • Confirm our previous communications to the effect that all that would be necessary to complete work under the above permits and receive a Certificate of Occupancy would be for you to submit a revised landscaping plan for a water quality facility at the premises that meets with our approval and to plant that facility in accordance with the approved plan. • Advise you that time is of the essence in completing the planting because planting after the month of May increases the risk that the plants will not survive. • Direct you to submit to us by 4:30 p.m.next Wednesday,May 2,2018,a revised landscape plan that we can approve and then, prior to Wednesday, May 30, 2018, plant the water treatment facility in accordance with the approved plan. • Convey to you a Summons to a First Appearance at the Tigard Municipal Court on Thursday,May 31,2018, on the charge of Occupancy without a Certificate of Occupancy at which time we will hopefully have the opportunity to report that you have complied 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov