DIR1988-00003 I -
/. Give- II ` � �,
March 22, 1988 ! ...�tu_
t- le/ \-. aw OF TWA , c -•
\
John M Kather
OREGON
Dynamic Systems Inc
PO Box 230032
Portland, OR 97223
RE: Director's Interpretation - Construction Sales and Service at
8725 SW Commercial Street
ear Mr. Kather:
I have reviewed your letter of March 9, 1988, regarding the possibility of'
allowing Michael and Co. Plumbing to occupy the property captioned above.
As you mentioned in your letter, Planning Commission granted Conditional Use >
approval (CU. 2 -80) to allow an engineering office. This was followed by a
Site Development Review (SDR 3 -81) approval for the proposal. A condition of
both approvals stated the following:
Approval is for the requested use only. Any change in use or
ownership shall warrant a separate application and approval by the
Planning Commission.
I have attached -- copies- -of-- -thee two decisions.
r Based upon my letter to Michael Baird (attached) and the condition of approval
for CU 2 -80 and SDR 3 -81, the proposeing business could not be
permitted to locate on this proper .—Please note the comments tn-my—l-e
to Mr. Baird regarding the City Center Plan and the possibility -- of some
modification of our regulations in the future. If you have any questions
about the plan or the review process, please contact Liz Newton in our office.
This interpretation may be appealed to the City Council if a written request,
justification, and $50.00 fee are submitted. Please feel free to contact me
if you have any questions.
Sincerely, Approved by:
-// i / " . 2CiL- (/2:------a/A / /b'-'67/- . ' -
Keith Liden Randall R. Wooley
Senior Planner Acting Director _
Community Development Department
ht/3845D
Attachments
cc: Michael Baird
File -
13125 SW Hail Blvd„ P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
e
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
JANUARY. 6, , 1981 -.7:30 pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
{
NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE
PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS
OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING.
DOCKET: CONDITIONAL USE, CU 2 -80 (KATHER/HOFFMAN) NPO 41
APPLICANT: John M. Kather OWNER: Henry & Marie Hoffman
14670 SW 88th 1670 SW Maplecrest Drive
Tigard, Oregon 97223 Portland, Oregon 97219
REQUEST: For a Conditional Use to use an existing residence in an A -12
"Multifamily Residential" Zone for an engineering office.
SITE LOCATION: 8725 SW Commercial (Wash. Co. Tax Map 2S1 2AD, Tax Lot 800)
STAFF NARRATIVE:
On November 24, 1980, the Tigard City Council adopted a new multiple family
ordinance. (Ordinance No. 80 -90) The new ordinance does not allow professional
offices as a Conditional Use in any multiple family zone. At the time the
applicant applied for this'recuest, professional offices were allowed in an
A -12 Zone.
I. FINDINGS OF FACT:
1. The Tigard Municipal Code Section 18.24.020 which was in force at the
time of this application allowed professional offices as a Conditional
Use in an A -12 Zone. (reference Tigard Municipal Code Chapter 18.24.020).
2. The applicant intends to use the existing residential structure for the
business after some modification. Only four persons will be employed
and a few customers or visitors will he in evidence during the day.
II. CONCLUSIONARY FINDINGS:
1. The 8,712 square foot parcel is too small to be developed at its present
A -12 zoning. Neighbors in the area do not wish to combine. for A -12
development at this time. The proposed Conditional Use seems a good
interim use until neighbors in the area wish to develop at the A -12
zone density.
III. S7'AP'I' RECOMMENDATION:
Staff recommends approval of this Conditional Use with the following conditions:
{
STAFF REPORT
AGENDA 5.2
TIGARD.PLANNING.COMMISSION
JANUARY 6, 1981 - 7 :30 pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
1. Full half street improvements to SW Commercial Street shall be made to
the approval of the Public Works Director.
2. The applicant shall apply for Site Design Review.
3. Tenant modifications of space shall be approved by the building inspector
and the fire marshall prior to the issuance of Occupancy Permits.
4. Approval is for the requested use only. Any change in use or ownership
shall warrant a separate application and approval by the Planning
Commission.
Pre red by Eliza eth
‘ Aj t ri( l Newton Approv- Al /y die Howard
Special Assistant To The Planning Director Planning Director
4
MINUTES
TIGARD PLANNNING COMMISSION
January 6, 1981
Page 2
Howard pointed out an additional parcel will be added to
the development, and that the enlarged development will be brought
to the commission as a complete package for a hearing at both the
preliminary and general plan review level.
COMMISSION DISCUSSION AND ACTION: Funk inquired the nature
of the sensitive lands permiT7 Howard stated it was simply to
allow the construction of sewer line through it. Thereupon Fund
MOVED approval of ZCPD 30 -80 and Sensitive Lands Permit M 9 -80,
based on staff findings and recommendations. Helmer seconded the
motion, which carried. unanimously.
5.2 CONDITIONAL USE, CU 22 -80 (KATH~'R /HOFFMAN ENGINEERING
OFFICE IN A -12 ZONE) NPO #1
A request by John M. Kather for a Conditional Use to use
an existing residence in an A -12 "Multifamily Residential"
Zone for an engineering office located at 8725 SW Commer-
cial (Wash. Co. Tax Map 2S1 2AD, Tax Lot 800).
Howard read the STAFF REPORT and RECOMMENDATIONS. Speaker
questioned the import and application of the fourth recommendation,
explained by Howard. The interim nature of this request was
explained as a suitable use of the property until three adjoining
properties are all ready to develop as A -12.
The APPLICANT'S PRESENTATION was made by Katherine Gott,
who simply requested approval of the request.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Kolleas MOVED approval of
Conditional Use CU 2 -81 baseTon staff findings and recommendations.
Helmer seconded the motion, which carried. unanimously.
5.3 CONDITIONAL USE, CU 24 -80 (WM. WALKIEWICZ DAY CARE CENTER
IN R-7 ZONE) NPO #7
A request by William Wa.lki.ewicz for a Conditional Use in
an R - Zone "Single Family Residential" for a day care
center located at 12300 SW 127th (Wash. Co. Tax Map 2S1
4AA, Tax Lot 4200).
STAFF REPORT 1_
FINAL ACTION CI F W
TIGARD PLANNING DEPARTMENT
MARCH 19, 1981 WASHINGTON COUNTY, OREGON
DOCKET: SITE DESIGN REVIEW, SDR 3 - 81 (Mark Kather) NPO #1
APPLICANT: Mark E. Kather OWNER: SAME
P 0 Box 230032
Tigard, Oregon 97223
APPLICATION DATE: March 4, 1981
SITE LOCATION: 8725 SW Commercial Street (Wash. Cg. _. Tax Mao 2S1 2AD,
Tax Lot 800)
SITE DESCRIPTION: Present zoning A -12, Comprehensive Plan designation A -12.
PARKING REQUIREMENTS: One (1) space for each three- hundred -fifty (350')
feet of gross floor area. The building is 1,080 square feet.
1,080 = 350 = 3.08. Four (4) parking spaces will be required.
PREVIOUS ACTION: On January 6„1981, the Planning Commission approved a
Conditional Use to use the existing residence in an A -12
Zone as an engineering office. The request was approved
with conditions (reference CU 22 -80) .
STAFF DECISION /RECOMMENDATION:
Staff recommends approval with the following conditions:
1. Four (4) parking spaces will be provided on the site. The parking area
shall be asphalt and the spaces shall be marked. A plan showing the
parking configuration shall be approved by the Planning Director prior
to the issuance of Occupancy Permits.
2. o
rem a Lance agreement shall be signed for the future improvement
of SW Commercial. A City of Tigard approved nonremonstrance agreement
must be recorded by Washington County and returned to the City of Tigard
Planning Department before issuance of Occupancy Permits or change of
property ownership.
3. Tenant modifications to the building shall be approved by the Building
Inspector and the Fire Marshall prior to the issuance of Occupancy Permits.
4. Approval is for the requested use only. Any change in use or ownership
shall warrant a separate application and approval by the Planning
Commission.
5. No Occupancy Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
12420 SW MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639 -4171
STAFF REPORT
FINAL ACTION /SITE DESIGN REVIEW SDR 3 -81
TIGARD PLANNING DEPARTMENT
Page 2
6. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate City department and changes
are approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
7. No minor land partitions shall be made in reference to this project unless
formal application is made to. the City of Tigard Planning Department and
the minor land partition is approved and recorded.
8. All structures developed must meet minimum requirements for Fire and Life
M6<
Prepa by Elizabe N -wt.n . .p . • . b ,% : ■ward
Special Assistant To The Planning Director Planning Director
•
NOTE: Sign below to acknowledge conditions set forth for this project and
return to the City of Tigard Planning Department. Failure to acknowledge
will result in no further action on this project with regards to issuance
of Building Permits or engineering approval.
SIGNATURE (Applicant and Owner) DATE
•
(CflYOFT'1RD
February 11, 1988
OREGON
Mr. Michael Baird
Michael and Company Plumbing
16130 SW 72nd Avenue
Portland, Or 97224
RE: Director's Interpretation - Construction Sales and Service
Dear Mr. Baird:
I have reviewed your letter of February 3, 1988 regarding the suitability of
the property located at 8725 SW Commercial Street for a plumbing contractor
and plumbing equipment sales business. The property is zoned CBD (Central
Business District).
After consulting with other City planners, the applicable Code definition for
your business (as I had indicated earlier) is "construction sales and
services ". This use is not permitted in the CBD zone. The Code was reviewed
for other definition categories for your business, but nothing else is
possible.
As we discussed last week, the City is engaged in producing a City Center
Development Plan that is intended for adoption in fall 1988. The outcome of
this plan may result in changing the mix of uses in the downtown area.
Proposing a change to the Code provisions prior to the development of a draft
plan (probably June '88) will not have a good chance of success. Since
"construction sales and services" are intended for industrial zones, it
appears that some change in Ci direction for downtown will be necessary s'
before your business could be allowed in the CBD zone.
This interpretation may be appealed to the City Council if a written request,
justification, and $50.09 fee are submitted. Please feel free to contact me ;
if you have any questions:
Sincerely, II
Keith S. Liden
Senior Planner
ht /3163D
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
T in hq P.O. BOX 230032 • PORTLAND, OREGON 97223
�+ 503/620 -2631
scsa8 DYNAMIC SYSTEMS INC.
March 9, 1988
MAR ? 1988
CITY OF TIGARD
City of Tigard NANNING DEPT.
Community Development Dept.
13125 S.W. Hall Blvd.
Tigard, OR 97223
Attention: Mr. Kieth Liden
Subject: Property located at 8725 SW Commercial St.
Michael & Co. Plumbing
Dear Mr. Liden:
Pursuant to our recent telephone conversation I am writing to
provide you with a history of my ownership of the subject
property in an effort to assist. Mr. Mike Baird's desire to
purchase it for his business.
I purchased the property in February 1981 after receiving
approval from the Tigard Planning Commission on 1 -6 -81 for a
conditional use permitting an engineering office at the location.
On June 8, 1982 the property along with two other parcels, tax
lots 600 and 700, were . rezoned to C -3, a commercial use.
In the years since 1982 the business occupying the premises has
evolved from consulting engineering only to a design and build
organization whereby many of the contracts involved the engineering
as well as installation of the projects at hand. These projects
were primarily involved with piping or piping systems and
environmental control devices which required a great deal of piping.
Materials for use on these projects were stored at the location
and some assembly of parts was performed there. Recently, the
storage of materials and the assembly operation was moved elsewhere
and the building is occupied as an administrative office only for
the business.
*The use that Mr. Baird of Michael & Co. Plumbing intends for the
property is very similar to what it has been put to in the past
six years with the exception that he desires to add a retail show
room for the general consumer.
It seems that the inclusion of Micheal & Co. Plumbing along with
Carlson Testing, Inc. and Magno- Humphries, Inc. would blend the
surrounding properties into appropriate use for the Central
ENGINEERING • DESIGN • CONSTRUCTION
Business District of the City of Tigard. It is my understanding
• that Micheal & Co. Plumbing is involved in consumer repair
service to existing plumbing equipment, retail sales of plumbing
equipment and materials, and remodeling of plumbing systems.
This seems to fall within or very close to the permitted use
guidelines established for the general definition of Central
Business District zoning.
If I can provide any further information for your department
on behalf of Mr. Baird please do not hesitate to give me a
call.
Sincerely,
John M. Kather
JMK /no
cc: Mike Baird
Michael & Co. Plumbing
DYNAMIC SYSTEMS INC.
P.O. BOX 230032 • PORTLAND, OREGON 97223 • 503 - 620 -2631
art OFT's
February 11, 1988
72EGOI:y
Mr. Michael Baird
Michael and Company Plumbing
16130 SW 72nd Avenue
Portland, Or 97224
RE: Director's Interpretation - Construction Sales and Service
Dear Mr. Baird:
I have reviewed your letter of February 3, 1988 regarding the suitability of
the property located at 8725 SW Commercial Street for a plumbing contractor
and plumbing equipment sales business. The property is zoned CBD (Central
Business District).
After consulting with other City planners, the applicable Code definition for
your business (as I had indicated earlier) is "construction sales and
services ". This use is not permitted in the CBD zone. The Code was reviewed
for other definition categories for your business, but nothing else is
possible.
As we discussed last week, the City is engaged in producing a City Center
Development Plan that is intended for adoption in fall 1988. The outcome of
this plan may result in changing the mix of uses in the downtown area.
Proposing a change to the Code provisions prior to the development of a draft
plan (probably June '88) will not have a good chance of success. Since
"construction sales and services" are intended for industrial zones, it
appears that some change in Cif direction for downtown will be necessary
before your business could be allowed in the CBD zone.
This interpretation may be appealed to the City Council if a written request,
justification, and $50.00 fee are submitted. Please feel free to contact me
if you have any questions.
Sincerely,
Keith S. Liden
Senior Planner
ht /3163D
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
t MICHAEL
. . -.' 1) J: co l �
PLumt ONG
Remodel • Construction • Repair
Residential • Commercial
24 Hour Call
Feb. 3, 1988'
NIr. Keith Liden
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mr. Liden and Community Development Dept.,
My name is Michael Baird, owner of Michael & Co.
Plumbing. I am writing this letter in regards to property
at 8725 SW Commercial Street, City of Tigard. My object
is to obtain a business license in the CBD zone rather than
the industrial zone for which I have been told is the place
for plumbing businesses. Michael & Co. Plumbing has been
a Tigard -based business since opening July 1984, success-
fully providing for the community. I have worked in the
Tigard area for other companies for approximately 15 years
including my father's past business, Copper Plumbing, Inc.
which he started in 1962.
Our work load at Michael: & Co. Plumbing includes that
of residential remodel plumbing, tenant improvement work,
service and repair, plus some new custom home plumbing.
Along with our already established services, it is my
intention to promote retail sales of plumbing parts and
accessories with professional advice and installation of
said parts for the home owner, building maintenance person
and plumbing tradesmen. The recent closure of Modern
Plumbing's parts store has already left a negative impact
on those seeking the above mentioned services. As you can
see, this proposal is meant to better serve the community,
plus round out our business at Michael & Co. Plumbing.
At the risk of sounding too obvious, I'll mention that
good location is vital to a retail business, as much as,
a community service business. This is another reason for
this change request.
Please review the enclosed drawings and proposals re-
garding this property. It is my hope that you of the
Community Development Dept. will share in my vision of a
positive community impact and allow Michael & Co. Plumbing
to purchase and develop the aforementioned property.
Thank you for your consideration. I would be happy to
meet with you to further discuss this matter,
Sincerely, > j7
MB /em Michael B ird
Michael & Co. Plumbing
16130 S.W. 72nd Ave. • Portland, OR 97224 • 639 -3189
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DATE: 3/22/1988
6
CODE SECTIONS: 18.520
1 TOPIC:1 Construction Sales & Service at 8725 SW Commercial Street in the CBD Zoning District
INTERPRETATION: I have reviewed your letter of March 9, 1988, regarding the possibility of allowing Michael
and Co. Plumbing to occupy the property at 8725 SW Commercial for Construction Sales
and Service. As you mentioned in your letter, Planning Commission granted Conditional
Use approval (CU 2 -80) to allow an engineering office. This was followed by a Site
Development Review (SDR 3 -81) approval for the proposal. A condition of both approvals
stated the following:
Approval is for the requested use only. Any change in use or ownership shall warrant a
separate application and approval by the Planning Commission.
Based upon my letter to Michael Baird (attached) and the condition of approval for CU 2-
80 and SDR 3 -81, the proposed plumbing business could not be permitted to locate on this
property.
By: Keith Liden, Senior Planner and Randall R. Wooley, Acting Community Development
Director
(Note: There is a lot of background material attached to this Director's Interpretation)
4Mne 5, 1990 /I '
//pier / II
m A
Lane Stout ,v-
CITY OF TIGA RD
MacKenzie /Saito and Assoc. �/
0690 S.W. Bancroft Street
k OREGON
Portland, OR 97201 -0039 . �./
RE: Franklin Commons /1
Dear Lane:
I have reviewed your letter dated May 8, 1990 regarding the above development
located on the southeast corner of S.W/.. Sall Blvd. and S.W. Greenburg Road in
Tigard. The existing office complex is within the City, but the developer
recently received a Development Review and Special Use Permit (Wa. Co. File No.
88- 338D /SU /V) to expand the project onto adjacent property to the east which is
under Washington County jurisdiction and is zoned Office Commercial and R -5
(Single family residential).
7 ;i he question you pose is whether the City would recognize this approval if t
A eh
to annexed •,• developed in the City. 1- Tim Ramis, the City Attorney,
ii N ' d I agree that the City would honor valid development approvals following
jc : — ation. Since the Urban Planning Area Agreement, Comprehensive Plan, and
:..ounity Development Code are not completely clear on this issue, Tim
t 'ecommends that some portion of the project (eg. site grading, curb cut) begin
`
prior to annexation in order to have a stronger legal position in the event
t i nterpre t ation i s ch a ll enge d.
1pon annexation, the City would apply the Comprehensive Plan and zoning
designations which most closely resemble the present Washington County
designations. The Commercial Professional and Low Density Residential Plan
designations and corresponding C-P and R -4.5 zones would be applied following
annexation. Although the section of the parking lot in the residential zone
1 could be constructed in accordance with the County approval, the City Code does
not allow commercial lots in residential zones and therefore, this portion of
the lot would be considered a nonconforming use.
Please contact me if I can be of any further assistance.
Since ely,
Keith S. Liden
Senior Planner
c: Tim Ramis
Director's interp. file
FRANKLIN/kl
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
MACKENZIL,,AITO & ASSOCIATES, P.C.
ARCHITECTURE, PLANNING, INTERIOR DESIGN
0690 S.W. BANCROFT ST. • P.O. BOX 69039
PORTLAND, OREGON 97201 -0039 • (503) 224 -9560 • FAX (503) 228 -1285
May 8, 1990 6a .a,cVED MEAN
AY 9 1990
City of Tigard
Attention: Keith Liden, Senior Planner
13125 S.W. Hall Blvd.
P. 0. Box 23397
Tigard, Oregon 97223
Re: Franklin Commons
Project Number 288181.05
cDearAe =i-t`h
Some time ago, you and I discussed the Franklin Commons project, located at the
southeast corner of S.W. Hall Blvd. and S.W. Greenburg Road. The existing, developed
site is within the City of Tigard, while a future phase area to the east is outside
of the City.
Washington County approved the future phase plans in 1989 (County File 88- 338D /SU /V).
The approvals included Development Review and a Special Use Permit. The portion of
the site fronting on S.W. Hall Blvd. is zoned Office Commercial and is the future
building site, while the portion of the site to the south is zoned R -5 and will be
used for parking. The Special Use Permit allows parking in the R -5 zone. A number
of conditions were attached to these approvals, all of which either have been or will
be met by the project.
The owners of the project are considering annexation to Tigard to simplify the
jurisdictional issues at the time of construction. However, for this to be possible,
it is essential that (after annexation) the County approvals will be recognized by
the City and will be valid for construction and operation of the project. We
anticipate commencing work on the project prior to expiration of the County approval,
and consistent with the conditions that were applied.
I would appreciate your confirmation that the City will recognize the approvals, as
noted above, so that the owners can commence with the annexation process. You may
wish to review this with Tim Ramis, with whom I have also briefly discussed this
issue.
Thank you for your assistance.
Sincerely,
Lans Stout
LS /ksc
Enclosure: County Notice of Decision
cc: Mike McKenna - SimmCo Properties
90 -05 \88181.05 \08L1.ksc
CASE FILE NO: 38- 338 -D /SU/ ,-*'
_' • : WASHINGTON COUNTY ,/"'
DEPARTMENT OF LAND USE .... TRANSPORTATION
.. i th oo ' .. \,......, 4„ LAND DEVELOPMENT SERVICES DIVISION APPCANT:
160 NORTH FIRST AVENUE Simmco Properties
HILLSBORO, OREGON 07 124 848 -8781 LI
P.O. Box 4162
Portland, OR 97208
NOTICE OF DECISION � C l l l & Marcia Clifton / William Reed
1510 Cherry Crest Dr. 9560 SW Imoe'ial Dr.
Lake Oswego, OR 97033 Portland. OR 97225
PROCEDURE TYPE: III PROPERTY DESCRIPTION:
COMMUNITY
CPO 4 PLAN: Metzger /Progress ASSESSOR MAP NO.: 1S1 26DB
TAX LOT NO(S): 1100 & 1200
LAND USE SITE SIZE: 2.01 Acres
DISTRICT(S): R -5 (Residential 5 Units /Acre) :ADDRESS:
DC (Office Commercial) LOCATIOPt On the south side of Hall Blvd..
approximately 350' west of its inters-c-
tion with SW 91st Avenue.
PROPOSED DEVELOPMENT ACTION: Development Review for an Office Building, Special Use Approval
for Parking not in conjunction with an Allowed Use, & Variance to Sidewalk Standard
APPEAL AREA MAP
PERIOD: 2/10/89 TO 2124/89 5:00 P.M. _
MAILED DATE APPEAL DUE DATE ,
I Go I2' \,` - - � 7 — - I
A SUMMARY OF THE DECISION OF THE REVEW • '...1.71I I 1•! H D , �S -
I^
AUTHORITY IS ON THE REVERSE SE OF THIS NOTICE. , u ,,. ; . i-; : i -
I 1= -
ti -+ .. -H � \ \-%
THIS DECISION MAY BE APPEALED AND A PUBLIC HEARING :�,,� 1 y \ \.
-� � • \
HELD BY FILING A PETITION FOR REVEW (APPEAL) WITHIN �' \ •
14 CALENDAR DAYS OF THE DATE THIS NOTICE WAS Ili \\
PROVIDED. ONLY THOSE PERSONS WHO MADE AN I / \_ ✓�, ',
APPEARANCE OF RECORD (NCLUDNG SUBMISSION OF '
WRITTEN COMMENTS OR TESTIMONY) ARE ENTITLED TO I �y,� I — - ~_`
FILE A PETITION FOR REVEW (APPEAL) OF THE DECISION. ';•\ V I -,77,-. - - -,= ^
A MOTION FOR RECONSIDERATION MAY BE FLED BUT , j • — `�
DOES NOT STOP THE APPEAL PERIOD FROM RUNNING AND 1 —�I i'\ 1 - ., ! ,
IS =
AVAILABLE ONLY AS AN EXTRAORDINARY REMEDY WHEN ! I -i 1 "` I I ' —'--
A MISTAKE OF LAW OR FACT HAS OCCURRED. I J I 4
. I
L__41
• THIS DECISION WILL BE FINAL F NO APPEAL IS FILED BY , I � =J 1
THE DUE DATE AND A MOTION FOR RECONSIDERATION � /� H _ -I ; , ; , ' i
IS NOT GRANTED BY THE REVEW AUTHORITY. ;:==.7....
i :1' , : ! : ...,■ • j j i . : : r''
THE COMPLETE APPLICATION, REVEW STANDARDS; 7,, o . Ili:! � ' . . - — 1 I ji ;)
RECORD OF THE PROCEEDINGS, F1NDINGS_FOR THE ' i' ' ` j 6// 17', ! . j . •• • 1 i ! ' i 1 1 1 /I
DECISION AND DECISION ARE AVAILABLE AT THE C•OUPITY ; ; 1 I . ■ . ` . � i i i , M
FOR REVEW. - F F P. i ; i t'a ' - � II SUBJECT PROPERTY
FOR FURTHER INFORMATION ON APPEALS - ,NOTICE TO MORTGAGEE, LIENHOLDER,
OR RECONSIDERATION, CONTACT - — .VENDOR OR SELLER:
APPEAL SECRETARY THE WASHINGTON COUNTY COMMUNITY DEVELOPMENT
AT THE WASHINGTON COUNTY DEPARTMENT OF LAND CODE REQUIRES THAT F YOU RECEIVE THIS NOTICE.
USE AND TRANSPORTATION. PHONE: 648-8761. IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
2/86
■
Notice of Decision - 338- D /SU /V
February 9, 1989
Page 2
CASE FILE NUMBER 88- 338- D /SU /V
SUMMARY OF DECISION
The Washington County Hearings Officer submitted a written "Findings,
Conclusion and Order" (Attachment "A "), dated February 9, 1989, to your
request for Development Review for an Office Building, Special Use Approval
for Parking not in conjunction with an Allowed Use, and Variance to Sidewalk
Standard, on property described as Tax Lots 1100 and 1200 on Tax Map 1S1
26DB, W.M., Washington County, Oregon. His decision is as follows:
ORDER
The application is hereby approved subject to the Revised
Conditions (Attachment "B ").
Attachments:
A. Hearings Officer's "Findings, Conclusion & Order"
B. "Revised Recommended Conditions of Approval"
C. "Appeal Information"
88338dec
ATTACHMENT "A"
HEARING BEFORE
WASHINGTON COUNTY HEARINGS OFFICER
Simmco Properties )
Casefile No. 88- 338- D /SU /V
Development Review for an )
Office Building, Special Use )
Approval for Parking not in ) FINDINGS, CONCLUSION & ORDER
conjunction with an Allowed )
Use & Variance to Sidewalk )
Standard )
)
PROPERTY DESCRIPTION
The property is located on the south side of Hall
Boulevard approximately 350 feet west of its intersection with
SW 91st Avenue. It is designated as Tax Lots 1100 and 1200 on
Assessor's Map No. 1S1 26DB and is comprised of 2.01 acres.
REQUEST
The Applicant requests Development Review for a 22,789 -
square foot office building, a Special Use Permit and Development
Review for a parking lot in the adjacent R -5 District for use in
conjunction with the proposed office use, and a variance to allow
construction of a hammerhead terminus to the existing SW 92nd
Avenue improvement without the installation of sidewalks.
FINDINGS
1. The applicable County regulations are set forth in
Paragraph I of the Staff Report dated September 8, 1988 ("Staff
Report ").
2. The affected jurisdictions are those set forth in
Paragraph II of the Staff Report.
3. The Hearings Officer adopts the Findings set forth
in Paragraph III of the Staff Report, as amended.
CONCLUSION
Based upon the Findings set forth above, the Hearings
Officer grants preliminary approval of the Applicant's requests,
in accordance with schematic site plan ( "Scheme B ") and subject to
the Revised Conditions of Approval recommended by Acting
Transportation Planner Joanne Rice dated January 13, 1989, Parts
A through E inclusive ( "Revised Conditions ").
PAGE 1 - 88- 338- D /SU /V
FINDINGS, CONCLUSION & ORDER
\94001was \simnco.fco 020889, 18 ;47
ORDER
The applicant hereby is approved subject to the Revised
Conditions.
DATED this r j �% day of February, 1989.
Dale M. Hermann
Hearings Officer
PAGE 2 - 88- 338- D /SU /V
FINDINGS, CONCLUSION & ORDER
\94001vas \simmco.feo 020889, 18:47
•REVISED RECOMMENDED CP of TIONS OF APPROVAL ATTACHMENT "B"
CASEFILE 88- 338- D /SU /'
January 13, 1989
V. RECOMMENDATION
Based upon the findings of this report and the material in the casefile,
Staff recommends preliminary approval of the applicant's request(s),
including the schematic site plan as shown on Attachment "B ", titled
"Scheme B ", subject to the conditions listed below, which provides an
office building wits, approximately 20,000 square feet of floor area,
subject to the following Code and Community Plan standards and
Departmental conditions:
A. Final Development Review Approval:
Final approval shall be obtained through the Type I procedure. A
development application, accompanied with two sets of final plans,
necessary written material and documents, and application fee
(currently $32.00) shall be submitted.
B. Prior to Obtaining Final Development Review Approval and Issuance
of a Building Permit, tne Applicant and /or Property Owner Snail:
1. Submit a Type I Development application for Final Development
Review approval, including two copies of final plans which
comply with the standards of Article IV and include the
following:
a. Master Plan:
1) indicate the final right -of -way line on Hall Blvd.
as 45 feet from centerline.
2) Temporary access shall be provided from Franklin
Commons east access to SW Hall Blvd., located at the
east property line of Tax Lot 1300.
3) Provide an access route the width of the site
parallel to SW Hall Blvd. to provide adequate and
convenient access to Tax Lot 1000 and Franklin
Commons through this area.
4) Locate the building in a manner which will permit
tne construction of a permanent Hall Blvd. access at
tne common property line of Tax Lots 1100 and 1000
(the "permanent access ") and closure of the access
on the easterly property line of Franklin Commons,
located on Tax Lot 1300 (the "temporary Access ").
The temporary access shall be closed and the
permanent access provided at such time as when one
of the following occurs:
-Revised Recommended Co tions of Approval
Casefile 86- 338 -D /SU
1/13/89, Page 2
(a) There is a road project by either ODOT, the
County or City of Tigard which allows for the
construction of the, permanent access; or
(b) The Hall Blvd. access to Tax Lot 500, located
on the north side of Hall Blvd., is relocated
to its permanent access, located at its west
property line.
5) Provide a six foot sight obscuring fence or wall and
buffering along the eastern perimeter of the site in
compliance witn Sections 411 -5, 6 and 7.
6) Provide an outdoor refuse storage area in an opaque
enclosure with a gate.
7) Provide on -site parking for bicycles.
8) Indicate type of paving for parking lot in
compliance with Section 415 -5.
9) Indicate crash gate, removable bollards or other
implementation for emergency vehicle entrance as
determined by the Fire Marshal.
b. Landscape Plan:
1) Revise to reflect the shift of the building as
indicated in Condition B.la. 2) and 3).
2) Provide an irrigation plan consistent with Section
417. •
3) Provide a plan to implement the protection, during
construction, of the trees on the site to be saved
during construction.
2. Dedicate additional right -of -way to provide 45 feet from
centerline of SW Hail Blvd. frontage along Tax Lot 1100.
3. Dedicate necessary right -of -way for the turnaround on SW 92nd
Avenue as required by the Engineering Division.
4. Sign a waiver not to remonstrate against the formation of a
Local Improvement District or other mechanism to maintain and
improve SW 92nd Avenue between its terminus and SW Locust
Street to a local street standard.
5. Assure that the temporary access onto SW Hall Blvd. (at the
east property line of Tax Lot 1300) will be adequately
illuminated in accordance with "An informational Guide for
Street Lighting ", ASSHTC, 1984, through the formation of a
street lighting service district or otner suitable means.
- Revised Recommended Co' ti ons of Approval
Casefile 88- 338- D /SU /'
1/13/89, Page 3
6. Establish a one foot, non - access reserve strip along SW Hall
Blvd. frontage except at the permanent access location at tne
common property line of Tax Lots 1100 and 1000. Tne document
establishing tne non - access strip shall be prepared by the
County Survey Division and it shall be recorded in the County
Records Department.
7. Provide access easements to Tax Lot 1000 and the Franklin
Commons to provide free flowing movement between the temporary
and permanent access points to Hall Blvd, which allows for the
future redevelopment of Tax Lot 1000 as a commercial develop-
ment. Provide an access easement(s) between Franklin Commons
(Tax Lot 1300) and this development to provide access tc this
development from Greenburg Road. Said access easements shall
provide for maintenance allocations between the respective
parcels.
The documents establishing these easements shall be approved
by the Director and recorded in the County Records Division.
8. Submit plans, obtain Engineering Division approval, and
approval from the Oregon Department of Transportation (ODOT),
and obtain an ODOT permit for the construction of the
following public improvements on Hall Blvd:
a. Common driveway to be shared by Tax Lots 1300, 1200, and
1100.
b. A one -half street improvement along SW Hall Blvd.
frontage to ODOT standard, with curb, storm drainage and
sidewalk.
c. Closure of the existing westerly access on Tax Lot 1300,
including the continuation of curb and sidewalk.
9. Submit plans, obtain Engineering Division approval, provide
financial assurance, and obtain a facility permit for the
following public improvements:
Turnaround on SW 92nd Avenue. The turnaround shall meet
the requirements of Washington County Fire District Igo. 1.
All improvements shall be made in accordance with the require-
ments of the Washington County Uniform Road improvement Design
standards.
The estimated Administration Deposit for this public
improvement is S250.00. One half of this amount, $125.00, is
due upon submittal of two (2) sets of complete engineering
plans. A completed "Design Option" form must accompany tne
engineering plans.
- - Revised Recommended Coy tions of Approval
Casefile 88- 338- D /SU /'
1/13/89, Page 4
C. Prior to Occupancy or Final Building Inspection Approval:
1. All right -of -way improvements required by Conditions B.8.a.,
b. and c. and B.9. shall be completed and accepted by ODOT and
the County, including the permanent closure of tne west Hall
Blvd. access on Tax Lot 1300.
2. The temporary access on SW Hall Blvd. be illuminated as
required by Condition B.5.
3. All on -site improvements as listed on Conditions B.l.a.4) -9)
and B.1.b.1 -3 shall be completed.
D. Additional Conditions:
1. A contract for conditions shall be executed by the County and
tne property owner. This contract shall be in conformance
with the requirements of CDC Section 207 -6.3 and it shall list
the conditions of approval of this decision. The contract
shall be prepared by the applicant and approved as to form by
County Counsel. The applicant shall record the contract in
the Records Division of the Department of Assessment and
Taxation.
2. The westerly access to Tax Lot 1300 on SW Hall Blvd. shall be
permanently closed prior to occupancy of the office building.
3. There shall be no access to the site from SW 92nd Avenue, with
the exception of emergency vehicles, unless SW 92nd Avenue is
improved to County standards and access is approved by the
Director.
4. This development shall be constructed in accordance with the
conditions of this decision, the approved final plans, and the
standards of the Community Development Code.
5. All conditions of approval shall be binding upon all heirs,
successors and assigns.
6. No tree over six (6) inches in caliper shall be removed
without written approval from the Land Development Manager.
7. Obtain a sign permit prior to the installation of any signs.
E. Special Conditions:
1. Temporary access shall be provided to this development from
the east Hall Blvd. access to Franklin Commons. Permanent
access to this development shall be provided at the common
property line of Tax Lots 1100 and 1000. The east Hall Blvd.
(temporary) access shall be permanently closed and the
permanent access provided at such time as when one of the
following occurs:
•
• - Revised Recommended Co of Approval
Casefile 88- 338- D /SU /'
1/13/89, Page 5 -
a. There is a road project by either ODOT, the County or
City of Tigard which allows for the construction of the
permanent access; or
b. The Hall Blvd. access to Tax Lot 500, located on the
north side of Hall Blvd., is relocated to its permanent
access, located at its west property line.
2. Access shall be provided to easterly Tax Lot 1000 from the
temporary and permanent accesses to Hail Blvd. (at the east
property line of Tax Lot 1300) if this parcel is commercially
developed.
3. In the event the existing residential area south of Hall
Blvd., between Hall Blvd. and SW Lehman Street, is redeveloped
to commercial or high density residential, the parking lot on
Tax Lot 1200 may be revised to provide access to this
development from SW 92nd Avenue in order to provide a
secondary access to the site, if approved by the Director.
4. At the next development action for the subject property and /or
Franklin Commons, or during the next construction project
along Greenburg Road, whichever occurs first, the southerly
•
Greenburg Road access to Franklin Commons shall be relocated
to align directly with the northern Washington Square Center
access to include the following:
a. Provide through lane alignment with the Washington Square
Center Drive;
b. Forty (40) foot driveway width;
c. Strip for one inbound and two outbound lanes, left -
through and right -only;
d. Replace the existing driveway by continuation of the
existing curb, sidewalk and landscaping;
e. Adequate illumination; and
f. Right -of -way dedication.
These improvements shall be made by the applicant and shall be
constructed in accordance with County standards.
5. Submit plans, obtain Engineering Division approval and
approval from the Oregon Department of Transportation (ODOT),
and obtain an ODOT permit for the construction of the
following public improvement when required by the Director:
Tne permanent Hall Blvd. access at such
time as the permanent access point is
established.
JR:ss
338cond
WASHINGTON COUNTY
- -� ATTACHMENT "C"
DEPARTMENT OF LAND USE AND TRANSPORTATION
LAND DEVELOPMENT SERVICES DIVISION
1b0 NORTH FIRST AVENUE CASEFILE #: 88- 338- D /SU /V
HILLSBORO, OREGON 97124 648 -8761
APPEAL PERIOD:
APPEAL Mailed TO 5 PM 2/24/89
iled Date Appeal Due Date
INFORMATION
Attached is a copy of the Land Use and Transportation Department's Review
Authority decision on your request for a Development Action.
This decision or a portion thereof (i.e. condition(s)) may be appealed and
a public hearing held by filing a petition for review (appeal) within 14
calendar days of the date written notice of the decision is provided. Only
those persons who made an appearance of record are entitled to file a petition
for review (appeal) of the decision. A motion for Reconsideration also may be
filed (Article II, Section 208) but does not stop the appeal period from
running and is available only as an extraordinary remedy for when a mistake
of law or fact has occurred.
This decision will be final if no appeal is filed by the due date, and a
motion for reconsideration is not granted by the Review Authority.
The Complete file is available at the County Department of Land Use and Trans-
portation for review.
A petition for review (appeal) must contain the following:
1. The name of the applicant and the County case file number;
2. The name of the petitioner filing the petition for review
(appeal);
3. A statement of the interest of the petitioner;
4. The date the notice of decision was sent as specified in
the notice;
5. The nature of the decision and the specific grounds for appeal
(the appeal is limited to the specific issues raised in the
petition for review unless in the case of Board review the
petitioner requests a full or a partial de novo hearing); and
6. The fee of $280.00 for Type II Actions or
the fee of $330.00 for Type III Actions plus the cost of
the completed transcript. .
For further appeal information contact APPEAL SECRETARY at the Washington
County Department of Land Use and Transportation. Phone 648 -8761.
APPR 'ED A` TP FORM
1/87 Assisitent County Counsel
for Washington County, Oregon
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