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CUP1996-00007 • �L 1Il CITY OF TIGARD Community (Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96 -0007 Case Name(s): STARBUCKS COFFEE Name of Owner: Pacific Crest Partners Name of Applicant: Starbucks Coffee Company Address of Applicant: 2203 Airport Way South City: Seattle State: Washington Zip: 98134 Address of Property: 12700 SW North Dakota Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 33AD. Tax Lot 16200 Request: > The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. Zone: C-N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Action: > ❑ Approval as requested © Approval subject to conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall-and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator El The applicant and owner(s) Final Decision:9 THE DECISION SHALL BE FINAL ON DECEMBER 19, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE:DEADLUNE: FOR: FILING:: OF. AN: APPEAL: IS ;3.30 >:P M ON:THURSDAY: DECEMB 1 9; 1996. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) .639 -4171. CUP 960007 STARBUCKS COFFEE NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER . • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Starbucks Coffee Company for a ) FINAL ORDER Conditional Use Permit to develop an "Eating and Drinking" ) CUP 96 -0007 establishment in the C -N (Neighborhood Commercial) zone and 1 (Starbucks Coffee) approval to exceed the operating hours by 1 hour and 10 minutes in the morning and 1 hour in the evening on Friday and Saturday nights. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200 • COMPREHENSIVE PLAN AND ZONING DESIGNATION: C -N (Neighborhood Commercial) APPLICANT: Starbucks Coffee Co 2203 Airport Way South Seattle, WA 98134 OWNER: Pacific Crest Partners 911 Oak Street Hood River, OR 97031 APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional Use Permit to develop an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within an existing Starbucks Coffee shop. Starbucks now occupies 1,265 square feet in an existing neighborhood commercial center. The existing use is a Page 1 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • permitted use in the zone and is classified as "Food and Beverage Retail Sales." The staff interprets the "Food and Beverage Retail Sales" permitted uses to apply to uses primarily engaged in the retail sale of food and beverages for home consumption. Because the applicant seeks approval to allow on -site consumption of food and beverages, the staff interprets the Code to require a conditional use permit for an "Eating and Drinking" establishment, which allows on -site rather than take -home consumption of food and beverages. Starbucks Coffee Co., requests approximately 200 square feet of seating area within the existing store area and requests approval to be open one (1) hour and ten (10) minutes earlier in the morning and one (1) hour later on the Friday and Saturday evenings than allowed by the Code. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. are subject to the Code's Conditional Use provisions. Hearings Officer Deniece Won held a duly noticed public hearing regarding the application on November 25, 1996. City staff recommended conditional approval of the permit. The applicant accepted the staff report, recommendation and conditions. There was no testimony opposing the request. II. HEARING A. Hearing Hearings Officer Deniece Won received testimony at the public hearing about this application on November 25, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), and Exhibit B (Taped Proceedings). These exhibits are filed at the Tigard City Hall. B. Summary of Oral Testimony. 1. City Will D'Andrea testified for the City. He summarized the staff report and recommendation. City staff recommended approval of the permit with one condition. 2. Hearings Officer Won asked Will D'Andrea if the parking requirements for the "Eating and Drinking Establishment" applied to the entire space occupied by Starbucks (1,265 square feet) or to the portion of the use occupied by the proposed seating area (200 square feet). Hearings Officer Won also asked about a discrepancy between the staff report and the applicant's submittal (in Exhibit F) concerning the number of parking spaces required by the dry - cleaning and the Great Clips establishments in the shopping center. She also asked how the City would monitor parking spaces as the vacant part of the shopping center develops to assure that there will be adequate parking. 3. Will D'Andrea said that the staff interprets the Code to classify a use according to the primary use of the space and that the parking requirements are for the entire space Page 2 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • as so classified. The existing primarily takeout use for "Food and beverage Retail Sales" applies to the entire space occupied by Starbucks Coffee Co. The parking requirements for the existing use are based on total square footage plus the number of employees. The proposed "Eating and Drinking Establishment" use will apply to the entire space occupied by Starbucks Coffee Co. The proposed use's parking requirements are determined by the dining area plus the number of employees. Mr. D'Andrea said that the code requires a minimum of four (4) parking spaces each for the dry - cleaning establishment and Great Clips and the staff report is correct. Concerning monitoring the parking spaces, Mr. D'Andrea said that new development of the vacant space will require a building permit for improvements to the interior spaces. When the building permit is issued there is a review to assure the Code's parking requirements are met. If there is inadequate area on site for parking the Code contains provisions for shared parking at other locations. Alternatively, proof can be made that the parking standards are met if the uses in the shopping center have different operating hours. 3. Ed Murphy, Murphy and Associates, representing the applicant, said that the applicant generally supports the staff report and conditions. He said that the posted hours of Starbucks will be 6:00 a.m. to 10:00 p.m. but that they will open the doors ten minutes earlier. Therefore they request that the morning (a.m.) opening hours be permitted to be 5:50 a.m. He said that they plan to abide by the Code's requirement of closing at 10:00 and usually closing would be at 10:00 p.m., but that customers may sometimes remain in the store later than 10:00 p.m. Therefore, the applicant requests closing hours of 11:00 p.m. Concerning the number of parking spaces required for the dry cleaners and Great Clips, Mr. Murphy said that the applicant's submittal had been based on square footage, without accounting for the Code's minimum parking requirements. He agreed with Mr. D'Andrea that the Code requires four (4) parking spaces (rather than 3 and 2 respectively) for these uses. 4. David Peters, an abutting residential owner at 10648 SW 127th Ct., testified in favor of the Starbucks Conditional Use Permit request. He appeared to raise some zoning violation concerns he has about the shopping center and concerns about whether the parking provided by the shopping center will be adequate. The zoning code enforcement concerns he raised fell in three categories: garbage area maintenance, maintenance of required landscaping, and early morning noise created by equipment cleaning the parking lot. About the garbage area he said that lids on garbage containers are frequently left open causing an odor and pest nuisance. Mr. Peters said there is also a problem with food oil spills and infrequent cleanup of oils in the garbage area. He said Boston Market causes most of the problems. About landscaping Mr. Peters said the original landscaping installation did not meet the size requirements approved in the site plan. He also said that some required arborvitae has died and not been replaced. Mr. Peters said that he had also had a problem with lighting in the shopping center but that the landowner has addressed this problem. 5. Will D'Andrea responded to Mr. Peters' concerns. He said that the City doesn't enforce matters related to Mr. Peters' concern's about garbage. Those concerns should be addressed to the property owner, the offending lessees, the garbage hauler and /or the Page 3 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • county sanitarian. Concerning Landscaping, Tigard Development Code section 18.100.020 requires all landscaping to be maintained. Landscape maintenance is the joint and several responsibility of the owner, tenant and his/her agent (if any), unless the lease agreement provides otherwise. If Tigard receives a complaint that the landscape maintenance requirements are not being fulfilled the City will investigate the complaint and enforce the Code if it decides that is necessary. Concerning whether parking needs for future tenants of the vacant space within the parking center will be met, Mr. D'Andrea noted that the parking needs can be met by sharing parking in neighboring areas or by demonstrating that the parking demands of the shopping center's occupants are at different times of the day. He said that interior construction in the shopping center requires a building permit and that triggers review of compliance with the Code's parking standards. Tigard has a noise ordinance which the property owner and tenants must comply with. A City Code enforcement investigator could check on whether this ordinance is being violated. 6. Hearings_ Officer Won advised Mr. Peters to write a letter to Mr. D'Andrea setting out his planning and zoning - related concerns and that letter could form the basis for the City to begin a Code violation investigation and, if merited, some City zoning enforcement action. II. FINDINGS The Hearings Officer adopts and incorporates in this order the findings of fact in Tigard Community Development Staff Report dated November 15, 1996 (the "Staff Report") including the summary, findings about the site and surroundings, applicable approval standards, agency comments and evaluation of the request, except to the extent expressly modified herein. IV. EVALUATION OF REQUEST The Hearings Officer, except as otherwise specifically amended herein, adopts the conclusions in the Staff Report. The hearings officer had initial concern about the adequacy of the parking for all the space in the shopping center. She concludes that approval of this use will have a positive affect the parking at the shopping center. Starbucks has four (4) employees. The existing use requires one (1) parking space per 200 square feet of gross floor area plus one space per every two employees for a total of eight (8) spaces. The proposed conditional use permit requirement requires one (1) parking space per 50 square feet of the establishment's dining area [200 / 50 = 41 plus one (1) space for every two (2) employees [4 / 2 = 21 for a total of six (6) parking spaces. Page 4 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • • VI. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed conditional use permit will comply • with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws subject to the conditions of approval recommended in the November 15, 1996 Staff Report warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 96 -0007 subject to the condition in the Staff Report. DATED this 3rd day of December, 1996 • XarZe-ee Ze/9" Deniece B. Won, Attorney At Law Hearings Officer • Page 5 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • Agenda Item: 2.1 Hearing Date: November 25. 1996 Time: 7:00 STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON SECTION 1: APPLICATION SUMMARY CASES: FILE NAME: STARBUCKS COFFEE Conditional Use Permit CUP 96 -0007 PROPOSAL: The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. APPLICANT: Starbucks Coffee Co. OWNER: Pacific Crest Partners 2203 Airport Way South 911 Oak Street Seattle, WA 98134 Hood River, OR 97031 COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial. ZONING DESIGNATION: C -N (Neighborhood Commercial). LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. • SECTION 11: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 1 • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building division. SECTION III: BACKGROUND INFORMATION Site History: A zone change was granted in 1979 from Washington County R 5 -1 to City of Tigard C -P (Commercial Professional). A Conditional Use (CU 7 -79 /SDR 21 -79) was approved to allow a veterinary clinic. Applications were filed in 1990 (CPA 90 -0003 and CPA 90 -0009) to change the zoning on the property to C -G (General Commercial) and then to C -N (Neighborhood Commercial). The applications were either denied or withdrawn. In 1994, a Site Development Review /Minor Land Partition (SDR 94- 0014 /MLP 94 -0013) was approved to partition the site into three (3) parcels for the construction of a bank, veterinary clinic, and tenant spaces. In July of 1995, the Planning Commission and City Council denied an application for a Comprehensive Plan Amendment and Zone Change (CPA 95- 0002 /ZON 95 -0003) to change parcel 3 of the partition from C -P (Commercial Professional) to C -G (General Commercial). In February of 1996, a Comprehensive Plan Amendment/Zone Change (CPA 95- 0005 /ZON 95 -0007) was approved to change the zone from C -P (Commercial Professional) to C -N (Neighborhood Commercial) on parcels 1 and 3. This approval was essentially a zone exchange with a property across SW North Dakota Street. Vicinity Information: The subject site is located at the southwest corner of SW Scholls Ferry Road and SW North Dakota Street. Property to the south is zoned C -P (Professional Commercial), property to the west is zoned R -7 (Residential, 7 units per acre), property to the east is zoned C -P (Professional Commercial). The area is developed with a mix of residential and commercial uses. Site Information and Proposal Description: The 1.32 acre site is developed with a shopping plaza. The site has access to SW North Dakota Street. Starbucks currently has a coffee shop within the plaza. The applicant is requesting Conditional Use approval to allow an "Eating and Drinking Establishment" within the C -N (Neighborhood Commercial) zone. The Community Development Code defines an "Eating and Drinking Establishment" as a place of business primarily engaged in the sale of prepared food and beverages for on- premises consumption. The classification of "Food and Beverage Retail Sales" refers to establishments primarily engaged in the retail sale of food and beverages for home consumption. Section 18.60.030 and 18.60.040 classifies "Food and Beverage Retail Sales" as a permitted use, and "Eating and Drinking Establishments" as a Conditional Use in the C -N zone. The applicant is requesting Conditional Use approval to allow for the on -site consumption of STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 2 • • food and beverages. An approval would allow approximately 200 square feet of seating area within the existing store. The applicant is also requesting approval to open the store at 5:50 a.m. and to extend the evening hours of operation to 11:00 p.m. on Friday and Saturday evenings. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the Conditional Use provisions. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to add approximately 200 square feet of seating area within the existing coffee shop. This use is classified in Code Section 18.42 (Use Classifications) as an Eating and Drinking Establishment. Code Section 18.50.040 states that an Eating and Drinking Establishment is a Conditional Use in the C -N zone. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: • The site size and dimensions provide adequate area for the needs of the proposed use. The property has been developed through a previous Site Development Review approval ( SDR 94- 0014). The request for seating area within the existing store would not affect the existing developed nature of the site. The site provides adequate area for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The proposed seating area will not affect the developed nature of the site. The request will not affect the functioning of the site. All required public facilities have adequate capacity to serve the proposal. Public facilities have been provided with the development of the site under the previous Site Development Review. The applicable requirements of the zoning district are met except as modified by this chapter. As discussed below, the request for seating will not affect the site's capability of meeting C -N zoning requirements. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Site Development Review standards have been satisfied through the previous Site Development Review approval. The subject request to allow seating area does not affect the development's compliance with Site Development Review approval criteria. The applicant will have to apply for and receive a sign permit for any proposed signage. This signage will have to comply with the applicable requirements of Chapter 18.114. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 3 • • The applicant provided a traffic report for the 1994 Site Development Review and certain improvements were constructed with that approval. A traffic report was submitted with the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005 /ZON 95 -0007) approval. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning. The number of trips generated under the proposed C -N zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Chapter 18.120.070 (Major Modification to Approved Plans or Existing Development) states that where an increase in vehicular traffic to and from the site exceeds 20 vehicles per day, an applicant shall submit a new Site Development Review application. A new application would gives the City an opportunity examine any potential impacts caused by the change and the ability to require improvements if necessary. The zone change approval examined the potential impacts on the transportation system and findings were made that it would not be adversely impacted. Since the City has reviewed and accepted the 1995 traffic report, it becomes the report from which traffic generators and impacts are measured against. Starbucks has submitted an updated traffic report which shows that the current mix of tenants generates Tess trips than projected under the 1995 traffic report. Since the number of trips is less and Site Development Review standards are part of each Conditional Use, the Conditional Use application is complete. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Eating and Drinking Establishments: Section 18.130.150(C)(24) states that an eating and drinking establishment must meet the following additional dimensional requirements: Applicable Zone: Neighborhood Commercial. The subject property is zoned C -N (Neighborhood Commercial). The subject request does not affect the site's ability to satisfy the C -N zoning requirements. The 1,265 square foot Starbucks tenant space is less than the 4,000 square foot maximum permitted in the C -N zone. Minimum Lot Size: See applicable zone. The subject request does not affect the site's ability to satisfy the minimum 5,000 square foot, minimum lot size. The site contains approximately 1.32 acres. Minimum Setbacks: See applicable zone. The subject request does not involve a modification of the building which would affect the setbacks applicable to the property. It should be noted that the building in which Starbucks is located does not conform to the 20 -foot, corner lot setback requirement of the C -N zone. The site was developed under the C -P zone which does not require a corner lot setback. Since the site was developed in accordance with the applicable development standards prior to the zone change, it is considered non - conforming. The non - conformity is unrelated to the subject request for Conditional Use. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 4 • • Height Limitations: See applicable zone. The subject request does not involve a modification of the building which would increase the height of the building. The building height approved under the previous Site Development Review was 24 feet, well below the 35 -foot height requirement in the C -N zone. Off - Street Parking and Loading Requirements; See Chapter 18.106. Section 18.106.020.1 states that where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off - street parking spaces is the sum of the requirements of the several uses, computed separately unless the peak hours of use do not overlap. The site is currently developed with a 3,840 square foot (s.f.) bank; 3,575 s.f. veterinary clinic; 2,805 s.f. Boston Market restaurant; 825 s.f. Great Clips barber shop; 1,210 s.f. dry cleaners; 1,265 s.f. Starbucks Coffee; and a 2,145 s.f. vacant tenant space. Section 18.42.020.0 (Use Classifications) classifies these uses as Financial; Insurance and Real Estate Services; Animals Sales and Services: Veterinary Small Animals; Eating and Drinking Establishment; Convenience Sales; and Personal Services. Section 18.106.030.C.17 requires a minimum of one (1) parking space per 350 square feet of gross floor area for Financial, Insurance, and Real Estate Services. Section 18.106.030.C.6 requires a minimum of one (1) parking space per 300 square feet of gross floor area for a Veterinary clinic. Section 18.106.030.C.15 requires a minimum of one (1) parking space per 50 square feet of dining area plus one (1) space for every two (2) employees for Eating and Drinking Establishments. Section 18.106.030.C.14 requires a minimum of one (1) parking space per 400 square feet of gross floor area, but not Tess than four (4) per establishment for Convenience Sales and Personal Services. The required parking spaces for these uses are as follows: bank (11); veterinary clinic (12); dry cleaner (4); barber shop (4); Boston Market (21); and Starbucks (6). The total number of required spaces for these tenants is, therefore, 58 spaces. The site plan shows the provision of 62 spaces. The site has adequate parking to serve the needs of the current tenants. It should be noted that there remains 2,145 square feet of vacant tenant space. It appears the site does not have adequate parking to serve the remaining tenant space. As stated above, the total off - street parking spaces is the sum of the requirements of the various uses, computed separately unless the peak hours of use do not overlap. The applicant may have to provide a traffic study which demonstrates that there are overlapping peak hours. If peak hours do overlap, the number of parking spaces required for those users would not have to be provided simultaneously with the remaining required spaces. The apparent shortage applies only to the remaining tenant space and does not apply to the current application. Special Limitations on Uses in the C -N Zone: Section 18.60.045 states that the special limitations in the C -N zone are as follows: The use shall be conducted wholly within an enclosed structure; except as allowed in subsection 3 of this section. The proposed seating will be contained within an enclosed structure. No use shall have a gross floor area greater than 4,000 square feet. Starbucks occupies only 1,265 square feet, well under the maximum 4,000 square feet. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 5 • • Accessory open air sales /display /storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment. The applicant is not proposing accessory open air sales /display or storage. Uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, Chapter 18.130. The applicant is requesting, through this Conditional Use application review, that Starbucks be allowed to open at 5:50 a.m. and remain open until 11:00 p.m. on Friday and Saturday evenings. The City has not received any objection to the extended hours. If neighborhood testimony reflects concern, the standard hours should not be changed. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on September 10, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Water Quality: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Policy 4.2.1 is satisfied as the applicant constructed an on -site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied as compliance with utility provision were demonstrated with the construction of the site under the previous Site Development Review. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate fire protection is available to serve each new development. Tualatin Valley Fire and Rescue was provided with a copy of the previous development plan in compliance with Policy 7.6.1. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied as the applicant provided a traffic report for the previous Site Development Review and certain improvements were constructed with the approval. This policy was further satisfied through the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005 /ZON 95 -0007) approval in February of 1996. A traffic report was submitted with this application. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning, therefore, findings were made STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 6 • that satisfied this criteria. The number of trips generated under this zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development shall abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development; 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. This policy is satisfied as the development abuts a dedicated street, there is adequate right - of -way as determined in the previous Site Development Review, and necessary improvements were constructed with the previous Site Development Review. 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' Vicinity Map A CUP 96 -0007 �. �eb „�, STARBUCKS COFFEE • N • 1111 EXHIBIT A A, I� iN CITY OF TIGARD Community (Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96 -0007 Case Name(s): STARBUCKS COFFEE Name of Owner: Pacific Crest Partners Name of Applicant: Starbucks Coffee Company Address of Applicant: 2203 Airport Way South City: Seattle State: Washington Zip: 98134 Address of Property: 12700 SW North Dakota Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 33AD. Tax Lot 16200 Request: > The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. Zone: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Action: > ❑ Approval as requested © Approval subject to conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall-and mailed to: © Owners of record within the required distance El Affected govemmental agencies IE The affected Citizen Involvement Team Facilitator RI The applicant and owner(s) Final Decision:' THE .DECISION SHALL BE FINAL ON DECEMBER 19, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. FO ,., L N F A A EAL:I 3 P M � < URSDAV DECEM 9 I GO S3 0 ON > THU A R. .. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) 639 -4171. CUP 96-0007 STARBUCKS COFFEE NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER • . BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Starbucks Coffee Company for a ) FINAL ORDER Conditional Use Permit to develop an "Eating and Drinking" ) CUP 96 -0007 establishment in the C -N (Neighborhood Commercial) zone and ) (Starbucks Coffee) approval to exceed the operating hours by 1 hour and 10 minutes in the morning and 1 hour in the evening on Friday and Saturday nights. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200 COMPREHENSIVE PLAN AND ZONING DESIGNATION: C -N (Neighborhood Commercial) APPLICANT: Starbucks Coffee Co 2203 Airport Way South Seattle, WA 98134 OWNER: Pacific Crest Partners 911 Oak Street Hood River, OR 97031 APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional Use Permit to develop an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within an existing Starbucks Coffee shop. Starbucks now occupies 1,265 square feet in an existing neighborhood commercial center. The existing use is a Page 1 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • permitted use in the zone and is classified as "Food and Beverage Retail Sales." The staff interprets the "Food and Beverage Retail Sales" permitted uses to apply to uses primarily engaged in the retail sale of food and beverages for home consumption. Because the applicant seeks approval to allow on -site consumption of food and beverages, the staff • interprets the Code to require a conditional use permit for an "Eating and Drinking" establishment, which allows on -site rather than take -home consumption of food and beverages. Starbucks Coffee Co., requests approximately 200 square feet of seating area within the existing store area and requests approval to be open one (1) hour and ten (10) minutes earlier in the morning and one (1) hour later on the Friday and Saturday evenings than allowed by the Code. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. are subject to the Code's Conditional Use provisions. Hearings Officer Deniece Won held a duly noticed public hearing regarding the application on November 25, 1996. City staff recommended conditional approval of the permit. The applicant accepted the staff report, recommendation and conditions. There was no testimony opposing the request. 11. HEARING A. Hearing Hearings Officer Deniece Won received testimony at the public hearing about this application on November 25, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), and Exhibit B (Taped Proceedings). These exhibits are filed at the Tigard City Hall. B. Summary of Oral Testimony. 1. City Will D'Andrea testified for the City. He summarized the staff report and recommendation. City staff recommended approval of the permit with one condition. 2. Hearings Officer Won asked Will D'Andrea if the parking requirements for the "Eating and Drinking Establishment" applied to the entire space occupied by Starbucks (1,265 square feet) or to the portion of the use occupied by the proposed seating area (200 square feet). Hearings Officer Won also asked about a discrepancy between the staff report and the applicant's submittal (in Exhibit F) concerning the number of parking spaces required by the dry - cleaning and the Great Clips establishments in the shopping center. She also asked how the City would monitor parking spaces as the vacant part of the shopping center develops to assure that there will be adequate parking. 3. Will D'Andrea said that the staff interprets the Code to classify a use according to the primary use of the space and that the parking requirements are for the entire space Page 2 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • as so classified. The existing primarily takeout use for "Food and beverage Retail Sales" applies to the entire space occupied by Starbucks Coffee Co. The parking requirements for the existing use are based on total square footage plus the number of employees. The • proposed "Eating and Drinking Establishment" use will apply to the entire space occupied by Starbucks Coffee Co. The proposed use's parking requirements are determined by the dining area plus the number of employees. Mr. D'Andrea said that the code requires a minimum of four (4) parking spaces each for the dry - cleaning establishment and Great Clips and the staff report is correct. Concerning monitoring the parking spaces, Mr. D'Andrea said that new development of the vacant space will require a building permit for improvements to the interior spaces. When the building permit is issued there is a review to assure the Code's parking requirements are met. If there is inadequate area on site for parking the Code contains provisions for shared parking at other locations. Alternatively, proof can be made that the parking standards are met if the uses in the shopping center have different operating hours. 3. Ed Murphy, Murphy and Associates, representing the applicant, said that the applicant generally supports the staff report and conditions. He said that the posted hours of Starbucks will be 6:00 a.m. to 10:00 p.m. but that they will open the doors ten minutes earlier. Therefore they request that the morning (a.m.) opening hours be permitted to be 5:50 a.m. He said that they plan to abide by the Code's requirement of closing at 10:00 and usually closing would be at 10:00 p.m., but that customers may sometimes remain in the store later than 10:00 p.m. Therefore, the applicant requests closing hours of 11:00 p.m. Concerning the number of parking spaces required for the dry cleaners and Great Clips, Mr. Murphy said that the applicant's submittal had been based on square footage, without accounting for the Code's minimum parking requirements. He agreed with Mr. D'Andrea that the Code requires four (4) parking spaces (rather than 3 and 2 respectively) for these uses. 4. David Peters, an abutting residential owner at 10648 SW 127th Ct., testified in favor of the Starbucks Conditional Use Permit request. He appeared to raise some zoning violation concerns he has about the shopping center and concerns about whether the parking provided by the shopping center will be adequate. The zoning code enforcement concerns he raised fell in three categories: garbage area maintenance, maintenance of required landscaping, and early morning noise created by equipment cleaning the parking lot. About the garbage area he said that lids on garbage containers are frequently left open causing an odor and pest nuisance. Mr. Peters said there is also a problem with food oil spills and infrequent cleanup of oils in the garbage area. He said Boston Market causes most of the problems. About landscaping Mr. Peters said the original landscaping installation did not meet the size requirements approved in the site plan. He also said that some required arborvitae has died and not been replaced. Mr. Peters said that he had also had a problem with lighting in the shopping center but that the landowner has addressed this problem. 5. Will D'Andrea responded to Mr. Peters' concerns. He said that the City doesn't enforce matters related to Mr. Peters' concern's about garbage. Those concerns should be addressed to the property owner, the offending lessees, the garbage hauler and /or the Page 3 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • county sanitarian. Concerning Landscaping, Tigard Development Code section 18.100.020 requires all landscaping to be maintained. Landscape maintenance is the joint and several responsibility of the owner, tenant and his/her agent (if any), unless the lease agreement provides otherwise. If Tigard receives a complaint that the landscape maintenance requirements are not being fulfilled the City will investigate the complaint and enforce the Code if it decides that is necessary. Concerning whether parking needs for future tenants of the vacant space within the parking center will be met, Mr. D'Andrea noted that the parking needs can be met by sharing parking in neighboring areas or by demonstrating that the parking demands of the shopping center's occupants are at different times of the day. He said that interior construction in the shopping center requires a building permit and that triggers review of compliance with the Code's parking standards. Tigard has a noise ordinance which the property owner and tenants must comply with. A City Code enforcement investigator could check on whether this ordinance is being violated. 6. Hearings Officer Won advised Mr. Peters to write a letter to Mr. D'Andrea setting out his planning and zoning - related concerns and that letter could form the basis for the City to begin a Code violation investigation and, if merited, some City zoning enforcement action. II. FINDINGS The Hearings Officer adopts and incorporates in this order the findings of fact in Tigard Community Development Staff Report dated November 15, 1996 (the "Staff Report") including the summary, findings about the site and surroundings, applicable approval standards, agency comments and evaluation of the request, except to the extent expressly modified herein. IV. EVALUATION OF REQUEST The Hearings Officer, except as otherwise specifically amended herein, adopts the conclusions in the Staff Report. The hearings officer had initial concern about the adequacy of the parking for all the space in the shopping center. She concludes that approval of this use will have a positive affect the parking at the shopping center. Starbucks has four (4) employees. The existing use requires one (1) parking space per 200 square feet of gross floor area plus one space per every two employees for a total of eight (8) spaces. The proposed conditional use permit requirement requires one (1) parking space per 50 square feet of the establishment's dining area 1200 / 50 = 41 plus one (1) space for every two (2) employees 14 / 2 = 2) for a total of six (6) parking spaces. Page 4 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • 110 VI. CONCLUSION AND DECISION • The Hearings Officer concludes that the proposed conditional use permit will comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws subject to the conditions of approval recommended in the November 15, 1996 Staff Report warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 96 -0007 subject to the condition in the Staff Report. DATED this 3rd day of December, 1996 7,e/e7.->L1 Deniece B. Won, Attorney At Law Hearings Officer Page 5 - Hearings Officer decision CUP 96 -0007 (Starbucks Coffee) • • Agenda Item: 2.1 • Hearing Date: November 25. 1996 Time: 7:00 STAFF REPORT TO THE HEARINGS OFFICER � ..il' FOR THE CITY OF TIGARD, OREGON CITY OF TIGARD SECTION I: APPLICATION SUMMARY CASES: FILE NAME: STARBUCKS COFFEE Conditional Use Permit CUP 96 -0007 PROPOSAL: The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. APPLICANT: Starbucks Coffee Co. OWNER: Pacific Crest Partners 2203 Airport Way South 911 Oak Street Seattle, WA 98134 Hood River, OR 97031 COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial. • ZONING DESIGNATION: C -N (Neighborhood Commercial). LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 1 • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building division. SECTION III: BACKGROUND INFORMATION Site History: A zone change was granted in 1979 from Washington County R 5 -1 to City of Tigard C -P (Commercial Professional). A Conditional Use (CU 7 -79 /SDR 21 -79) was approved to allow a veterinary clinic. Applications were filed in 1990 (CPA 90 -0003 and CPA 90 -0009) to change the zoning on the property to C -G (General Commercial) and then to C -N (Neighborhood Commercial). The applications were either denied or withdrawn. In 1994, a Site Development Review /Minor Land Partition (SDR 94- 0014 /MLP 94 -0013) was approved to partition the site into three (3) parcels for the construction of a bank, veterinary clinic, and tenant spaces. In July of 1995, the Planning Commission and City Council denied an application for a Comprehensive Plan Amendment and Zone Change (CPA 95- 0002 /ZON 95 -0003) to change parcel 3 of the partition from C -P (Commercial Professional) to C -G (General Commercial). In February of 1996, a Comprehensive Plan Amendment/Zone Change (CPA 95- 0005 /ZON 95 -0007) was approved to change the zone from C -P (Commercial Professional) to C -N (Neighborhood Commercial) on parcels 1 and 3. This approval was essentially a zone exchange with a property across SW North Dakota Street. Vicinity Information: The subject site is located at the southwest corner of SW Scholls Ferry Road and SW North Dakota Street. Property to the south is zoned C -P (Professional Commercial), . property to the west is zoned R -7 (Residential, 7 units per acre), property to the east is zoned C -P (Professional Commercial). The area is developed with a mix of residential and commercial uses. Site Information and Proposal Description: The 1.32 acre site is developed with a shopping plaza. The site has access to SW North Dakota Street. Starbucks currently has a coffee shop within the plaza. The applicant is requesting Conditional Use approval to allow an "Eating and Drinking Establishment" within the C -N (Neighborhood Commercial) zone. The Community Development Code defines an "Eating and Drinking Establishment" as a place of business primarily engaged in the sale of prepared food and beverages for on- premises consumption. The classification of "Food and Beverage Retail Sales" refers to establishments primarily engaged in the retail sale of food and beverages for home consumption. Section 18.60.030 and 18.60.040 classifies "Food and Beverage Retail Sales" as a permitted use, and "Eating and Drinking Establishments" as a Conditional Use in the C -N zone. The applicant is requesting Conditional Use approval to allow for the on -site consumption of STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 2 • • food and beverages. An approval would allow approximately 200 square feet of seating area within the existing store. The applicant is also requesting approval to open the store at 5:50 a.m. and to extend the evening hours of operation to 11:00 p.m. on Friday and Saturday evenings. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the Conditional Use provisions. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to add approximately 200 square feet of seating area within the existing coffee shop. This use is classified in Code Section 18.42 (Use Classifications) as an Eating and Drinking Establishment. Code Section 18.50.040 states that an Eating and Drinking Establishment is a Conditional Use in the C -N zone. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use. The property has been developed through a previous Site Development Review approval ( SDR 94- 0014). The request for seating area within the existing store would not affect the existing developed nature of the site. The site provides adequate area for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The proposed seating area will not affect the developed nature of the site. The request will not affect the functioning of the site. All required public facilities have adequate capacity to serve the proposal. Public facilities have been provided with the development of the site under the previous Site Development Review. The applicable requirements of the zoning district are met except as modified by this chapter. As discussed below, the request for seating will not affect the site's capability of meeting C -N zoning requirements. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Site Development Review standards have been - satisfied through the previous Site Development Review approval. The subject request to allow seating area does not affect the development's compliance with Site Development Review approval criteria. The applicant will have to apply for and receive a sign permit for any proposed signage. This signage will have to comply with the applicable requirements of Chapter 18.114. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 3 • • The applicant provided a traffic report for the 1994 Site Development Review and certain improvements were constructed with that approval. A traffic report was submitted with the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005 /ZON 95 -0007) approval. The analysis showed that the transportation system • would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning. The number of trips generated under the proposed C -N zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Chapter 18.120.070 (Major Modification to Approved Plans or Existing Development) states that where an increase in vehicular traffic to and from the site exceeds 20 vehicles per day, an applicant shall submit a new Site Development Review application. A new application would gives the City an opportunity examine any potential impacts caused by the change and the ability to require improvements if necessary. The zone change approval examined the potential impacts on the transportation system and findings were made that it would not be adversely impacted. Since the City has reviewed and accepted the 1995 traffic report, it becomes the report from which traffic generators and impacts are measured against. Starbucks has submitted an updated traffic report which shows that the current mix of tenants generates less trips than projected under the 1995 traffic report. Since the number of trips is less and Site - Development Review standards are part of each Conditional Use, the Conditional Use application is complete. The use will comply- with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Eating and Drinking Establishments: Section 18.130.150(C)(24) states that an eating and drinking establishment must meet the following additional dimensional requirements: Applicable Zone: Neighborhood Commercial. The subject property is zoned C -N (Neighborhood Commercial). The subject request does not affect the site's ability to satisfy the C -N zoning requirements. The 1,265 square foot Starbucks tenant space is less than the 4,000 square foot maximum permitted in the C -N zone. Minimum Lot Size: See applicable zone. The subject request does not affect the site's ability to satisfy the minimum 5,000 square foot, minimum lot size. The site contains approximately 1.32 acres. Minimum Setbacks: See applicable zone. The subject request does not involve a modification of the building which would affect the setbacks applicable to the property. It should be noted that the building in which Starbucks is located does not conform to the 20 -foot, corner lot setback requirement of the C -N zone. The site was developed under the C -P zone which does not require a corner lot setback. Since the site was developed in accordance with the applicable development standards prior to the zone change, it is - considered non - conforming. The non - conformity is unrelated to the subject request for Conditional Use. STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 4 • • Height Limitations: See applicable zone. The subject request does not involve a • modification of the building which would increase the height of the building. The building height approved under the previous Site Development Review was 24 feet, well below the 35 -foot height requirement in the C -N zone. Off- Street Parking and Loading Requirements: See Chapter 18.106. Section 18.106.020.1 states that where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off - street parking spaces is the sum of the requirements of the several uses, computed separately unless the peak hours of use do not overlap. The site is currently developed with a 3,840 square foot (s.f.) bank; 3,575 s.f. veterinary clinic; 2,805 s.f. Boston Market restaurant; 825 s.f. Great Clips barber shop; 1,210 s.f. dry cleaners; 1,265 s.f. Starbucks Coffee; and a 2,145 s.f. vacant tenant space. Section 18.42.020.0 (Use Classifications) classifies these uses as Financial; Insurance and Real Estate Services; Animals Sales and Services: Veterinary Small Animals; Eating and Drinking Establishment; Convenience Sales; and Personal Services. Section 18.106.030.C.17 requires a minimum of one (1) parking space per 350 square feet of gross floor area for Financial, Insurance, and Real Estate Services. Section 18.106.030.C.6 requires a minimum of one (1) parking space per 300 square feet of gross floor area for a Veterinary clinic. Section 18.106.030.C.15 requires a minimum of one (1) parking space per 50 square feet of dining area plus one (1) space for every two (2) employees for Eating and Drinking Establishments. Section 18.106.030.C.14 requires a minimum of one (1) parking space per 400 square feet of gross floor area, but not Tess than four (4) per establishment for Convenience Sales and Personal Services. The required parking spaces for these uses are as follows: bank (11); veterinary clinic (12); dry cleaner (4); barber shop (4); Boston Market (21); and Starbucks (6). The total number of required spaces for these tenants is, therefore, 58 spaces. The site plan shows the provision of 62 spaces. The site has adequate parking to serve the needs of the current tenants. It should be noted that there remains 2,145 square feet of vacant tenant space. It appears the site does not have adequate parking to serve the remaining tenant space. As stated above, the total off - street parking spaces is the sum of the requirements of the various uses, computed separately unless the peak hours of use do not overlap. The applicant may have to provide a traffic study which demonstrates that there are overlapping peak hours. If peak hours do overlap, the number of parking spaces required for those users would not have to be provided simultaneously with the remaining required spaces. The apparent shortage applies only to the remaining tenant space and does not apply to the current application. Special Limitations on Uses in the C -N Zone: Section 18.60.045 states that the special limitations in the C -N zone are as follows: The use shall be conducted wholly within an enclosed structure; except as allowed in subsection 3 of this section. The proposed seating will be contained within an enclosed structure. No use shall have a gross floor area greater than 4,000 square feet. Starbucks occupies only 1,265 square feet, well under the maximum 4,000 square feet. STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 5 • • Accessory open air sales /display /storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment. The applicant is not proposing accessory • open air sales /display or storage. Uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, Chapter 18.130. The applicant is requesting, through this Conditional Use application review, that Starbucks be allowed to open at 5:50 a.m. and remain open until 11:00 p.m. on Friday and Saturday evenings. The City has not received any objection to the extended hours. If neighborhood testimony reflects concern, the standard hours should not be changed. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on September 10, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Water Quality: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Policy 4.2.1 is satisfied as the applicant constructed an on -site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied as compliance with utility provision were demonstrated with the construction of the site under the previous Site Development Review. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate fire protection is available to serve each new development. Tualatin Valley Fire and Rescue was provided with a copy of the previous development plan in compliance with Policy 7.6.1. • Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied as the applicant provided a traffic report for the previous Site Development Review and certain improvements were constructed with the approval. This policy was further satisfied through the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005 /ZON 95 -0007) approval in February of 1996. A traffic report was submitted with this application. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning, therefore, findings were made STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 6 • • that satisfied this criteria. The number of trips generated under this zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development shall abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development; 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. This policy is satisfied as the development abuts a dedicated street, there is adequate right - of -way as determined in the previous Site Development Review, and necessary improvements were constructed with the previous Site Development Review. M November 15. 1996 PREPARED BY: William D'Andrea DATE Associate Planner, AICP �- •/ l (- ` (, �����- / �'� November 15. 1996 APPROVED BY: Richard Bewersdo • DATE Planning Manage i:\curpin\will\cup96-07.dec • STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0007 - STARBUCKS COFFEE PAGE 7 1 • • !,. ; I _ II I. • ` f / _ _ `s � R OpO �j t ti p TT _ ---- I. • `�S16N CI z • • i i (- ,; Z • -� z • r_ Hi . ------‹ . ; Q n K t r..1!---) _ c Q. 1 \I - ( ; I i IX RESIDENCES ' fi 4 1 11.1111 11 1 e l . 11111 I - I Q - ` 1 � I LL. VETERINARIAN STARBUCK : ` =I, o - ri , ; kl I I' y IIva.a. a -- -- _ I l DAYCARE FACILITY !I f (� PROPOSED TENANT REQUESTS TO LOCATE IN EXISTING DEVELOPMENT SITE PLAN CASs NO. • EXHIBIT MAP s CUP96 -0007 STARBUCKS COFFEE . , 0 -- ! I I I 1 ■ \(i,./ I . .f 1 :\,.. §____1_,i____J . ' • \--- \ ___... ! ! 'A , • : \ I- , `- ; __ W , PERa Lig . s i 1 . • ' __V • r---1 k . . - - - - - - 7 — - - - - - - - - -- - - c I N .- - • - - ,._,L,..1a — - :, re i i --, , • , I 1 ! I :________, i • •ii..a : r----, _____i , ' ■ ■ I \ CI • . . . ! ____..-- : , , , , • . , • 7 ■ ----- i I \ \ \ --_ r---: ,--7--; ' J I 1 1 I I BA/ 1 1 I _____----- . \ , 1-----,_______ CO 1 I \ ■■ / CI . 1 .■1 , 1111 111111 ASP PN 11110 a) , i SIIISI 1---- ---- ' - ' ----% , CI i s I UB LOT ... 1 i (3) f eo s o Say 117 •4 i , EL 11 c L . vr 7 --- , !--r------4 iall 1 .410ft 5 ' I ME C13 1• 1 Ir ■*1 0.. .... s o lp s / 0 "0 L .. / 1 t 1 • ; i i:–.1---,..7 _4-■.--arA _ 1 Cy) ., • i .. i : . T , . i ..___i le m , Li-- 410 : 4 q, /r,1111111111111111111111111111r I 0 SW ANTON 1 \ i i Ile. • 1 I !. ---, -1—• / . 1 0 ! ! 0 ic i ____. .... .! ; I i i crl :..,., l im b , 4 igh ip ., H ! ; i ; / i 11 / 1 . A ,O,Allall■ A J ; '4 1 1 ! . . i 116 imov,_,_Jviguir / ! L =I i LLL j \ LLi \ gip DAKOTA w . 11111111ilir i Vicinity Map CUP 96-0007 • STARBUCKS COFFEE • - • N - • — • • • • • • EIBIT . B • Notice of Final Order by the Hearings Officer ,. • CUP 96 -0007 Starbucks Coffee • EdMurphy 9875 SW Murdock Tigard OR 97224 • e : Scott Bradley 2010 SE 159th Avenue Vancouver WA 98683 David Peters 10648 SW 127th Court Tigard OR 97223 Starbucks Coffee Attn: Manager 12700 SW North Dakota Street Tigard OR 97223 • Pacific Crest Partners 911 SW Oak Street Hood River OR 97031 Starbucks Coffee Company 2203 Airport Way South • Seattle WA 98134 • I • • an City al Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, Patricia L Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. • ❑ That I served NOTICE OF (AMENDED 0) PUBLIC HEARING FOR: • am acme. 0 (o+ec i appromate boot oaiow) (Enter Puooe Hearing bane adore) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED 0) DECISION FOR: ease •••r....•.e•a City of Tigard Planning Director That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: (ch.ck e•. •e°•. r applicable) 9 (chew amopna)e box baba} ❑ City of Tigard Planning Director ❑ / Tigard Planning Commission �/ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBUC HEARING NOTICE/NOTICE OF DECISIO :TICE • OF FINAL ORDER/OTHER NOTICES) of which is attached, marked Exhibit "A ", was 'led • each n - ed pe -on(s) at the addres (s) shown on the attacr -d I'.t(s), mar - - - hibit "B ", -, the - - - �i 1- •a, of 1 . /i, /' ,� 199 4, , and deposited in t e U ' ed State- Mail on e da _,'1 199 ' postage prepaid. .fi red Notice Subscribed and swom/affirmed before me on the / day • ! / /L .. 11. , 1.2 7 Ca) OFFICIAL SEAL , i DIANE M JELDERKS i t1 � \/ ( izi NOTARY PUBLIC•OREGON COMMISSION NO.Oa61a2 NOTARY PUBLI • O OREGON MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission : x • res: W ILE INFO.: NAME(S): ` W614. COREE CASE 1.404S): 1.404S): d �� ���✓vq "I —0,7 TYPE OF NOTICE & DATE Ai A\ J CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: CONDITIONAL USE PERMIT (CUP) 96 -0007 FILE TITLE: STARBUCKS COFFEE APPLICANT: Pacific Crest Partners OWNER: Starbucks Coffee Co. 911 Oak Street 2203 Airport Way South Hood River, OR 97031 Seattle, WA 98134 ( ) 1 386 -6333 (206) 447 -1575 REQUEST: A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. ZONE: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. CIT: West CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION X HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503) 639 -4171 x315 CUP 96 -0007 STARBUCKS COFFEE PROPOSAUREOUEST FOR COMMENTS • • • CONDITIONAL USE APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684 -7297 " CITY OF TIGARD II PRE -APP. HELD WITH: MA1?-(e -1Z. 214N F.. GENERAL INFORMATION DATE OF PRE -APP.: Property Address /Location(s): SIU-$ttC1c5 FOR STAFF USE ONLY comOrO/f G U P q � Case No.(s): 7 Tax Map & Tax Lot #(s): Other Case No.(s): Receipt No.: q4 — $ Site Size: Application Accepted By: Date: // ,ID,�� Property Owner /Deed Holder(s)*: Address: Phone: City: Zip: Date Determined To Be Complete: Applicant *: 9 /A1 Y . Address: Phone: Comp Plan /Zone Designation: City: _ Zip: .: • When the owner and the applicant are different people, the applicant CIT Area: P must be the purchaser of record or a lessee in possession with written Rev. 8/29/98 i:taupInlmasterstua.doc authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Conditional REQUIRED SUBMITTAL ELEMENTS Use approval to allow (please be specific): • ✓ Application Elements Submitted: ❑ Application Form ❑ Owner's Signature/Written Authorization ❑ Title Transfer Instrument or Deed ❑ Site /Plot Plan (81/2"x 11") (# of copies based on pre -app check list) ❑ Applicant's Statement (# of copies based on pre -app check list) ❑ Filing Fee $1,615.00 1 List any VARIANCE, SENSITIVE LANDS PERMIT, OR OTHER LAND USE ACTIONS to be considered as part of this application: • • APPLICANTS: To consider an a complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the 'subject property, • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of , 19 Owner's Signature Owner's Signature . Owner's Signature Owner's Signature 2 • ~f CITY OF TIGARD OREGON September 27, 1996 Ed Murphy 9875 SW Murdock St Tigard, OR 97224 Re: CUP 96 -0007 Dear Mr. Murphy: This letter is to inform you that your application for Conditional Use Review (CUP 96-0007) is considered complete and has been accepted by the Planning Department. If you have any questions conceming this information, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea Associate Planner L curptnnwi1Pcup96-07Jtr c. CUP 96 -0007 land use file • • - . SW Hall Blvd., Tigard OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • " A City of Ilgard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: . that I am an Administrative Specialist II for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED 0) PUBLIC HEARING FOR: boa .bow r.ppticaM., cdredt appropriate box below} (Enter Public Hearing Date above) C of Tigard Planning Director • d' Tigard Planning Commission ❑ . Tigard Hearings Officer ❑ Tigard City Council El That I served NOTICE OF (AMENDED 0) DECISION FOR: eo•ar••••eo.,. City of Tigard Planning Director (❑ That 1 served NOTICE OF (AMENDED 0) FINAL ORDER FOR: • 1 (Check box above. r •v •) (check appropriate boot below} ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is a a ed, marked Exhibit "A ", was mailed to ea • A at ed persons) at the addres(s) shown on the _ attached list(s), arked Exhibit " " • the _ • - of , tl 1991 , and deposited in the United ates M.' • - /_ L .j da /of M, • 1' 199 4 prepaid. 1,64e:1 9...",,,( Prepared Notice Subscribed and sworn /affirmed before me on the day o ` .IIL 4 , -1 d' r � OFFICIAL SEAL � . t DIANE M JELDERKS , 1, � ) 1 MY Y CO NOTARY PUBLIC - OREGON �., . / L' M M COMMISSION NO.046142 NOTARY PUBL O' OREGON COM MISSION EXPIRES SEPTEMBER 07, 1999 My Commission • fires: !7FILE INFO.: _ NAME(S): ` JQU CO�F CASE NO.(S): LI it . ( TYPE OF NOTICE & DATE: , • • • EXIT. : CITY OF TIGARD S flap i rig .A (BetterCommumty PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, NOVEMBER 25. 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): CONDITIONAL USE PERMIT (CUP) 96 -0007 FILE TITLE: STARBUCKS COFFEE APPLICANT: Pacific Crest Partners OWNER: Starbucks Coffee Co. 911 Oak Street 2203 Airport Way South Hood River, OR 97031 Seattle, WA 98134 REQUEST: > A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N zone. An approval of the request would allow seating area within the existing store. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. ZONE: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 96-0007 STARBUCKS COFFEE NOTICE OF 11/25/96 H.O. PUBLIC HEARING 1 1 • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER NOVEMBER 5. 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. ow es , , SUBJECT --- :7 4 <<<—PARCEL ' .. \)„, ` ; - sw avT i � � � � DAKOTA v "\ CUP 96 -0007 STARBUCKS COFFEE NOTICE OF 11/25/96 H.O. PUBLIC HEARING S ' g'UC12S C .0 • GA.P (o - 000- C p6, (Of 2) • 1S134BC -00700 1S133A0-12500 BEASHENGLE ENTERPRISES L L C BRAVO, JOSE AND 610 GLATT CIRCLE TODD, ANN TONETTE WOODBURN,OR 97071 11334 SW SUMMER LAKE DRIVE TIGARD,OR 97223 1S133AD -16100 1S133AD -10600 BUCHMAN, EDWARD H & MARILYN K BUI, JOSEPH HUA 2555 SOUTHSHORE BLVD 10623 SW 127TH CT LAKE OSWEGO,OR 97034 TIGARD,OR 97223 1S133AD -12300 1S133AD -11500 COLLIGAN, MICHAEL S & KRISTIN ENTAGH, REZA 11347 SW SUMMERLAKE DRIVE 10716 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S134BC -00403 1S133AD -00200 EQR -WEYER VISTAS INC GOUGH, EVAN P AND SALLY G BY EQUITY TAX DEPT - MEADOWCREEK 15750 SW TARPAN DR PROP TAX DEPT (27118) BEAVERTON,OR 97008 PO BOX #A -3879 CHICAGO,IL 60690 1S133AD- 00400 1S133AD -11000 GRABINSKI, ALLAN HEFFELFINGER, WILLIAM T 12640 SW TARPASN 10662 SW 127TH CT BEAVERTON,OR 97006 TIGARD,OR 97223 1S133AD -00300 1S133AD -11400 HEIM, FRANCES E KETTERLING, KEITH A/JEAN Q 12610 SW TARPAN DR 1070 SW 127TH CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD -02500 1S133AD -11100 KINDER CARE LEARNING CTR978 LUY, PHANA AND BY STRATEGIS 987 LEAV, SIVY AND 1777 NE LP 410 STE 1250 LU, ROTHA SAN ANTONIO,TX 78217 10674 SW 127TH CT TIGARD,OR 97223 1S133AD -12400 1S133AD -11300 MADARANG, GEORGE E AND LUSIA V MULLIGAN, M PATRICK 11356 SW SUMMER LAKE DR 10690 127TH COURT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD -00100 1S133A0-02401 NIEDNER, FREDERICK A & ESTHER OREGON, STATE OF 10500 SW TARPAN DR DEPT OF TRANSPORTATION BEAVERTON,OR 97008 417 TRANSPORTATION BLDG SALEM,OR 97310 1S133AD -16000 1S133AD -16200 PACIFIC CREST PARTNERS SCHOLLS PACIFIC CREST PARTNE s1 tr 911 OAK STREET 911 OAKS HOOD RIVER,OR 97031 HODD RIVER,OR 97031 s-r �►�� CO FFEE C C LAP CP6,. 2-of • 1 S 1 33AD-10900 1S133A0-10800 PETERS, DAVID L AND FRANCES L PUN, YING KUEN AND 10648 SW 127TH CT CHAN, SIU PING TIGARD,OR 97223 10636 SW 127TH CT TIGARD,OR 97223 1S133AD -10700 1S134BC -00401 SALVATION ARMY, CORPORATE BOAR SISTERS OF PROVIDENCE IN OR PO BOX 8798 BY ST VINCENT HOSPITAL PORTLAND,OR 97208 ATTN: GREG VAN PELT 9205 SW BARNES RD PORTLAND,OR 97225 1S133AD -11200 ZEHNI, SAAD AND STARBUCKS COFFEE COMPANY NUSOM, JEAN M 2203 AIRPORT WAY SOUTH 10682 SW 127TH CT TIGARD,OR 97223 SEATTLE, WA 98134 • CONDITIONAL USE PERMIT APPLICATION TO ALLOW AN "EATING AND DRINKING ESTABLISHMENT" IN A COMMERCIAL - NEIGHBORHOOD ZONE SUBMI "1 "CAD TO THE CITY OF TIGARD ON BEHALF OF THE APPLICANT STARBUCKS COFFEE COMPANY 6 SEPTEMBER 16, 1996 ED MURPHY, AICP ED MURPHY & ASSOCIATES • 1 APPLICATION FOR A CONDITIONAL USE PERMIT APPLICANT: Starbucks Coffee Company REPRESENTED BY: Ed Murphy, AICP, Ed Murphy & Associates PROPERTY OWNER: Pacific Crest Partners REQUEST: An "eating and drinking establishment" within a Commercial - Neighborhood zone, with extended hours of operation. SUMMARY: Starbucks Coffee Company plans to make tenant improvements within an existing building for an "eating and drinking establishment ", which requires a conditional use permit. The site is completely developed for commercial uses. No enlargement of the existing building, or any modifications to the parking lot, access and egress or any other existing site condition is proposed. Requested hours of operations are from 5:50 a.m. to 11:00 p.m. ADDRESS: 12700 SW North Dakota Street, Tigard, Oregon TAX MAPILOT: 1S1 33AD Tax Lot 16200 (Parcel 3 of MLP 94 -0013) COMP. PLAN: Neighborhood Commercial ZONING: Neighborhood Commercial CIT AREA: West NEIGHBORHOOD MTG: Held on September 10, 1996. Two neighbors attended, plus three representatives of the new store. SW NORTH DAKOTA STARBUCKS —COND AL USE PERMIT APPUCATION EXHIBITS: A. Vicinity map B. Site Plan C. Interior Floor Plan D. Elevation drawing E. Traffic Analysis F. Parking Analysis G. Letter sent to neighbors H. Text of signs posted at site I. Minutes of neighborhood meeting APPLICANT'S NARRATIVE STATEMENT: There are three key issues in this application: parking, traffic and hours of operation. These issues will be discussed first. The rest of the narrative will address other Tigard Development Code requirements for a conditional use permit within the Commercial - Neighborhood zone. TRAFFIC See Exhibit `E', a traffic analysis report, submitted by Mackenzie Engineering Inc. In summary, the report indicates that the number of trips generation from the current and proposed tenants is lower than the previously estimated trip generation rates used when the zone change and site development plan were initially approved. SW North Dakota Street and SW Scholls Ferry are already fully improved, and the access into the site meets city standards. PARKING Parking is adequate, and meets the Development Code requirements of Section 18.106. See Exhibit `F', parking analysis. The proposed eating and drinking establishment requires six parking spaces. the Development Code requires one (1) space for every two (2) employees, plus one (1) space for every fifty (50) square feet of dining area. Starbucks will have a maximum of four employees working at the store at one time, and the store has two hundred (200) square feet of floor space devoted to dining. Therefore, they require two (2) spaces for employees, and four (4) spaces for the dining area, or six (6) total parking spaces. ejm/stetbucks/CUPAPP/9 /12A6 2 • SW NORTH DAKOTA STARBUCKS — CONDI3NAL USE PERMIT APPLICATION The tenant space is part of a commercial center, with parking shared among all the tenants. The total parking requirements of all the tenants, without counting the remaining vacant tenant space, equals fifty -five (55) spaces. The site contains sixty-one (61) spaces, leaving six (6) spaces for the remaining 2145 square feet of empty tenant space. At one space per four - hundred (400) square feet, that remaining tenant space would require six (6) spaces. HOURS OF OPERATION Starbucks normally opens at 5:50 a.m., and closes at 9:00 p.m., except on Fridays and Saturdays, when they stay open until 10:00 p.m. The Development Code (Section 18.60.045.4) restricts hours of operation to between 7:00 a.m. and 10:00 p.m., unless otherwise approved. The store opens at 5:50 a.m. to serve customers on their way to work (the posted time is 6:00 a.m., but they actually open the doors at 5:50 a.m.). The applicant therefore requests approval to extend the morning hours of operation to 5:50 a.m. Although the store closes at 10:00 p.m., which is within the timeframe established in the Development Code, there will sometimes be customers still in the store after 10:00 p.m. Therefore, the applicant requests approval to extend the evening hours of operation to 11:00 p.m., at least on Friday and Saturday evenings. The store faces away from the neighborhood, and there are no odors, bright lights, noise or other characteristics of this store that would negatively impact the neighbors at those hours. The potential of extended hours was discussed at the neighborhood meeting, and no one objected to them. GENERAL NARRATIVE The site is already developed as a commercial center, with all the building and site improvements completed. Therefore the zoning district dimensional and site improvement requirements have been met. There are no proposed changes to the building, and therefore no change of the setbacks or building height. There will be new identification signage on the building (see Exhibit `D'), which will comply with the City's signage regulations, Section 18.114. The parking lot is already improved, and meets the code requirements for number of spaces, handicapped parking, bicycle racks, minimum number of accesses, minimum access width, lighting and landscaping. ejm/statbucks/CUPAPP/9 /12/96 3 • SW NORTH DAKOTA STARBUCKS — CONDDNAL USE PERMIT APPLICATION The site already meets the walkway, loading area, clear vision, buffering and screening, landscaping and signage requirements. The applicant is not requesting a change to the 20' buffering area along the south boundary. The application does not affect sensitive lands. No existing trees need to be removed. There will be no impact to the drainage, sewer or water systems that was not already anticipated when these public facilities were constructed and the building was built. SPECIFIC CODE SECTIONS 18.106. Off- street parking and loading. As stated above, the proposed conditional use permit meets the Section 18.106 requirements. Adequate off - street parking and loading is already provided at the site. See Exhibit `F' for the parking analysis and Exhibit `C' for the floor plans of the tenant space. 18.116 Mix solid waste and recyclables storage. The proposed conditional use permit meets the Section 18.116 requirements. The site already contains a solid waste and recyclable materials area. (See attached site plan, Exhibit `B'). Starbucks recycles over 25% of their waste material, and makes their coffee grounds available to neighbors for their composting piles. One of the neighbors raised a concern at the neighborhood meeting about the waste disposal area, which does not involve the design or location of the facilities so much as their use. The employees sometimes leave the lids of the trash containers open, and spill grease on the ground. The applicant will work with the other tenants and the building owner to correct this situation. 18.120 Site development review. The proposed conditional use permit meets the Section 18.120 requirements. The site is already fully developed. The City approved the site development plan in August of 1994 (SDR 94- 0014). The site was improved according to the site plan, and the City granted the occupancy permits for the bank, veterinarian clinic, Boston Market and other tenants. No modifications to the approved plans or existing development is proposed as part of this application. Exhibit `D' illustrates the elevation drawing for the front of the building and the signage proposed, in accordance with 18.120.160. ejm/aacbucks/CUPAPP/9 /12196 4 • SW NORTH DAKOTA STARBUCKS — COND./AL USE PERMIT APPLICATION 18.130. Conditional Use Permit. 1. Section 18.130.020. Administration and Approval Process. The proposed conditional use permit meets the Section 18.130.020 requirements. The applicant is the proposed tenant, Starbucks Coffee Company. The owner has also signed an application form, verifying that he is aware of the application. The applicant's representative, Ed Murphy, and city staff held a preapplication conference on August 13, 1996. Further, the applicant mailed notices to all property owners within 250' of the proposed store and posted two signs at the site over two weeks prior to the September 10, 1996 neighborhood meeting. 2. Section 18.130.030. Expiration of Approval: Standards for Extension of Time. Section 18.130.030 is not applicable, as no extension of time is proposed. 3. Section 18.130.035 Phased Development of Existing Development. Section 18.130.035 is not applicable, as no phasing is proposed. 4. Section 18.130.040 Approval Standards and Conditions. The proposed conditional use meets approval criteria requirements of Section 18.130.040, which are as follows: a. The site size and dimensions provide adequate area for the needs of the proposed use. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography and natural features. c. All required public facilities have adequate capacity to serve this proposal. d. The applicable requirements of the zoning district (Commercial - Neighborhood) are met. e. The supplementary requirements set forth in Chapter 18.114, "Signs" are met. The supplementary requirements set forth in Section 18.120.180, "Approval Standards ", are not applicable. f. The use will comply with the applicable policies of the Comprehensive Plan. 5. Section 18.130.050 -- 060 Major and Minor Modification to Approved Plans or Existing Development. Sections 18.130.050 and 18.130.060 are not applicable, as no modifications to approved plans or existing development are proposed. ejm/statbucks/CUPAPP/9 /1296 5 • SW NORTH DAKOTA STARBUCKS — CONDDNAL USE PERMIT APPLICATION 6. Section 18.130.070 Application Submission Requirements. The proposed conditional use permit meets the Section 18.130.070 requirements. The application is on the form provided by the Director, and is accompanied by a site plan, the names and addresses of all who are property owners within 250' of the site, and the required fee. 7. Section 18.130.080 Site Conditions The code sections concerning site conditions analysis (18.130.080), the site plan (18.130.090), the grading plan (18.130.100), architectural drawings (18.130.110), and the landscape plan (18.130.120) are not applicable. The site plan was already approved as SDR 94 -0014. 8. 18.130.150 Standard Dimensional Requirements for Conditional Use Types. The proposed conditional use permit meets the Section 18.130.150 requirements. The conditional use proposal complies with the standards of the zoning district in which it is located (Commercial - Neighborhood). The applicant is not requesting a variance from those standards. Eating and drinking establishments are listed as item #24 of Section 18.130.150.C. No special requirements are mentioned, beyond just meeting the requirements of the underlying zoning district and the off - street parking and loading chapter of the Code, Chapter 18.106. 9. Chapter 18.60 Neighborhood Commercial District requirements Section 18.60.045 Special limitations on use. The proposed conditional use permit meets the Section 18.60.045 requirements. a. The use will be conducted wholly within an enclosed structure; b. The gross floor area is less than 4000 square feet; c. No accessory open air sales /display /storage is proposed; d. The use proposes operating before 7:00 a.m. and after 10:00 p.m., if permitted. The applicant requests hours of operation from 5:50 a.m. until 11:00 p.m., with the extended evening hours only on Friday and Saturday evenings. Section 18.60.050 Dimensional Requirements. Sections 18.60.050 is not applicable, as the building is already constructed, and met these dimensional requirements when it was built. 10. Other The applicant paid the required traffic impact fee. ejm/staibucks/CUPAPP/9 /12196 6 DKI" ` Q 1. fr tF rgir 'A' o ?P1/4/4 -1‘.25 �� 71.25 400 71.20 3( ` w Q vJ ` Ag 7 %•25 500 °30 71.25 600 33 1 40 la 71.25 700 1 s7.--;,, 2 • 1 0 71.25 800 20 , v • 105 900 1 8 19 r) /\ ``�-7c 70 17 r� r1 71.2s ` ��• S(�S-'� a 16 �� s 71.25 L‘.. p r • 71.25 :"`. `� 1-- 79'S15����` % 0. t ►r %1' -_ � .z5 R Il To C 71.25 �„ _���� _ • ` Ne. 1 9 Sd - C90 - I OO7c / - • • pA p.7. 0 2.40% 165.5 s .��`` 165 7 6 -. 97. ' 4 •► " � 57 45 8.6516.2 9r,, i G � 3ae •,.. " ► ` 16000 ° a, l . ...go -r' 91.8T 9 E 1080 .7 /A�.. 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M211 • • e.:•: �� � -,—;g::;'--- 4 r � � y - . - o - 0. . - I ) - uczs. }� :7, d . 1 48" LOGO DISK •• SEE DETAIL 3/A2.2 v' ----- ‘ qi1) i -- C` OFF- � _ 14" LETTERS \N' I SEE DETAIL 2/A2.2 ^ I I I - • I I • ALIGN STARBUCKS -____ . COFFEE Ea EQ. I •■• \ • ll _ 11 11 11 11 • ill x Vii 0 • • E xPligsTla • MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANS'ORTATION 0690 SW BANCROFT STREET • FO 130x 69039 PORTLAND. OREGON 97201.0039 • 15031 224 - ?660 • FAX ;E03) 220•12g5 September 12, 1996 Ed Murphy & Associates Attention: Ed Murphy 9875 SW Murdoc Street Tigard, Oregon 97224 Re: Starbucks Coffee - Trip Generation MEI Project Number 196357 Dear Mr. Murphy: • Mackenzie Engineering Incorporated (MEI) has reviewed currently projected trip generation at the Starbucks coffee shop on N. Dakota Street for comparison with trip generation in MEI 's previous analysis. A summary of trip generation findings is listed in the enclosed table. A traffic analysis was prepared by MEI for this site in July 1994 which estimated 211 trips during the PM peak hour. It was anticipated that 80% of these would be new trips. An intersection capacity analysis was later prepared for a zone change application in June 1995. In this analysis, a worst -case scenario for the existing C -P zoning was compared to the proposed C -G zoning. The worst -case scenario assumed trip generation of a veterinary clinic, bank, convenience market and Motor Vehicles Department. At worst case, 400 total trips would be generated. Under the proposed C -G zoning, the Motor Vehicles Department would be replaced by a video store. This change would result in 362 total trips. Existing traffic counts were conducted during the peak hours of 4:00 to 6:00 p.m. at the center on Thursday, September 5, 1996. This count indicates that 188 peak hour trips are currently generated with the five tenants. The PM peak hour is between 4:30 and 5:30 pm. The current tenants include a 2970 s.f. Boston Market, 3840 s.f. Key Bank, 825 s.f. Great Clips, 3575 s.f. Veterinary Office, and 1210 s.f. Dry Cleaners. The 1265 s.f. Starbucks coffee shop is projected to generate 53 trips in the PM peak hour. With the addition of these trips and 56 trips for the vacant 2145 s.f, the center would be generating a total of 297 peak hour trips. This trip generation is lower than the projected generation which was approved under the previous zoning. If you have any questions please feel free to call me or Dave Larson. • Sincerely, i P Ra C1 d #10505 ' - 5•: Brent Ahrend - , �' Traffic Project Manager EAH:BAJkc Attachment G. G. LP�S c: Dennis Woods - Mackenzie/Saito & Associates ( 11-3116 16 F:\ W PRATA196-09\963 57\ 12L 1. KC Sent oyl: iviAcKENZiE 30322Ef ie85; Jd: i G: ` _.tlri 4108;Page 3: 3 • • MACKEN7IE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • TRANSPORTATION 0690 S.W. BANCROFT STREET • P. O. BOX 69039 • PORTLAND. OREGON 97201-0039 • (503) 224-9560 • FAX (503) 2211^1285 MEI Project Number 196357 • I _ PM Peak Hour Trip Generation Comparison Total Trips New Trips Total Enter Exit Total Enter Exit Estimated (C -P) 211 93 118 167 72 95 Estimated (C -P) 400 198 202 320 158 162 worst case Estimated (C -G) 362 179 183 290 143 146 • Existing 188 97 91 150 78 73 Projected 297 153 144 238 122 115 • F:\WPDATA196.09196337112L1.KC • 110 EXHIBIT 'F' PARKING ANALYSIS Parking requirements, commercial center on SW Scholls Ferry and SW North Dakota A B 1 C 1 D E F 1 Tenant Sq. footage # of employees Sq. footage, dining Parking ratio Total required 2 Bank 3840 N/A N/A 1/350 . 11 3 Vets 3575 N/A N/A 1/300 12 4 Dry cleaning 1210 N/A N/A 1/500 3 5 Great aips 825 N/A N/A 1/400 2 6 Boston Market 2970 10 800 1:2 emps +1/50 21 7 Starbucks 1265 4 200 1:2 emps +1/50 6 8 Vacant 2145 N/A N/A 1/400 6 9 TOTAL 15830 61 ejm/starbucks/CUPapp/parking/September 12, 1996 4 /MEETING NOTICE • EXHIBIT `G' TUESDAY, SEPTEMBER 10, 1996 7:00 PM GODFATHER'S PIZZA, GREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARD, OREGON August 23, 1996 Dear Neighbor: Starbucks Coffee Company would like to invite you to the meeting noted above to discuss a Conditional Use permit for their proposed new store, located in the commercial building at the southwest corner of Scholls Ferry Road and North Dakota Street, right next to Boston Market. Let me explain the situation and proposal. The Starbucks Coffee Company store, as proposed, would include tables and chairs so people can sit and enjoy their coffee and food right there. In the Tigard Development Code, it would therefore be classified as an "eating and drinking establishment" - which is only allowed as a "conditional use" within the Neighborhood Commercial zone. A conditional use permit must be reviewed and approved by the City's Hearings Officer, after a public hearing on the matter. (You will be notified of the public hearing itself by the City over the course of the next few weeks). Prior to submitting the conditional use permit application to the City of Tigard, the applicant is asked by the City to hold a neighborhood meeting to explain the proposal to interested citizens. This neighborhood meeting is being held to solicit your comments and questions about the application. They are hopeful, of course, that you are thrilled to have a Starbucks Coffee Company store coming to your area. They are excited about this location, and anxious to become a vital part of your neighborhood. If you have any questions or comments, please come to the informational meeting, or just call me at the phone number listed below. Ed Murphy, AICP 624 -4625 phone 968 -1674 fax • • EXHIBIT `H' MEETING NOTICE STARBUCKS COFFEE COMPANY IS APPLYING FOR A CONDITIONAL USE PERMIT ON THIS PROPERTY IN ORDER TO ALLOW AN "EATING AND DRINKING ESTABLISHMENT" TO BE LOCATED WITHIN A NEIGHBORHOOD COMMERCIAL ZONE. Prior to applying to the City of Tigard for the permit, the applicant would like to discuss the proposal in more detail with the surrounding property owners and residents, and any other interested citizens. You are invited to attend an informational meeting on: TUESDAY, SEPTEMBER 10,1996 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: STARBUCKS COFFEE CO. CONTACT: Ed Murphy, Planning Consultant PHONE NUMBER: 624 -4625 • EXHIBIT 'I' • • NEIGHBORHOOD MEETING MINUTES A neighborhood meeting was held at Godfather's Pizza on September 10, 1996 from 7:00 - 9:00 p.m. The following people attended: David Peters 10648 S.W. 127th Ct., Tigard Nancy Powell 13580 SW Ashbury Lane, Tigard Cynthia Baclon 3116 SE 7th, Portland C.Yosea 2629 SE 69th, Portland Scott Bradley 2010 SE 158th, Portland Ed Murphy 9875 SW Murdock St., Tigard Cynthia Baclon, C.Yosea and Scott Bradley all represented the new Starbucks store. David Peters and Nancy Powell are neighbors. Nancy said she is very supportive of the new store. She expressed no concerns about either the store or the site. David said he was also supportive of the store, and expressed no concerns about Starbucks becoming a tenant. However, he expressed concern about the rest of the site and other tenants. In summary, his concerns were as follows: • the lights on the Key Bank building are too bright, and illuminate the inside of his home next door; • the plastic lids on the dumpster are sometimes left open, attracting bees and flies, and producing odors; • grease is sometimes spilled onto the concrete in the waste/recycling area, and not cleaned up, producing an odor; • dogs from the veterinary clinic are often walked over to the shrub and barkdust area behind the bank, next to his home, where they "do their duty ", causing an odor and fly problem; • the temporary balloon on the Boston Market roof creates a visual nuisance; • some of the landscaping is dying for lack of water, due to broken sprinkler heads. David said he called the health department about the garbage container lids and grease, and spoke to the manager of Boston Market, but nothing had been done. He suggested that a low fence would help keep the dogs out of the barkdust area, and direct their owners to the side and rear of the building. The representatives from Starbucks Company explained that they recycle at least 20% of their waste, and expressed concern over the careless manner in which the dumpster and grease barrel were being used. They offered to speak with the Boston Market manager, and look into ways to improve that situation, working with Miller Sanitation and the other tenants. Ed Murphy said he would look into the situation with the lighting on the bank building, and the balloon on the roof above Boston Market. He also said he would apprise the property owner, Dan Boyden, of the problem with the sprinklers, the dogs and the bank lighting. The representatives of the Starbucks Coffee store explained their normal hours of operation. They said they open at 5:50 a.m., and close at 9:00 p.m. On Saturdays and Sundays they stay open until 10:00 p.m. Ed explained the code requirements on hours of operation, and said that he would request extended hours as part of the Conditional Use permit application. The meeting was adjourned at 8:00 p.m. i ir was lAej0 i qo w4 ime Imo �, ;.:� CITY OF TIGARD, OREGON CONDITIONAL USE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. Get vpki 2�{_ ($ OTHER CASE NO'S: 1 (Ns- /6 7 L1 CO RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION 127 sta N°R1H l okKoTk, (A) Application form (1).4 T16R10 6 s /V- r�aECo{ti\ (B) Owner's signature /written TAX MAP AND TAX LOT NO. 1St 33Ab, Ttlx Cot If•Zo authorization pre'■ous(y Parcel 3 or ML? ?q- 0o1; ) (C) Title transfer instrument Cl) SITE SIZE /65(8 Stijl. (Panne( 3. ) £t 11 �� q (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER *PUCifiC CV + Parhlilees (E) Site plan (pre- app.checklisI ADDRESS f(( OAk $frtet PHONE S41-394 (F) Applicant's statement CITY Attoci ( Utv, ¶733( ZI� (pre -app. checklist) APPLICANT* S4Ae bu►c Ut (o1 3 . Coal pan y A (G) List of property owners and ADDRESS zzoc A irpdr+ Ut10 Scu1i PHONE (2th) 1S7S addresses within 250 feet (1) CITY Se4'il ,LOA ZIP Xro (H) Filing fee FlOy0 4 615 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE: from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN /ZONE DESIGNATION: 2. PROPOSAL SUMMARY The owners of record of the subject property request conditional use approval to allow N.P.O. Number: qA 44 end ll (704 (704 C r 411 47 , 11 4tSi�4l'S6104 Hearings Officer Approval Date: Final Approval Date: Planning Engineering 0736P/23P Rev'd: 3/88 • 3. List any variance, sensitive lands permit, or other land use actions to be considered as part of this applicatiou: 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this • application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. / DATED this igf� day of S`P.PTP�rnIJ-�I� 19 9b SIGNATURES of each owner (eg. husband and wife) of the subject property. Of • • (KSL:pm /0736P) EP- 10 -96 TUE 03 :20 PM WARD & DANA MURPHY •o ?6e 1674 P.0v 3. List any variance, sensitive lands permit, or other land +asn actions to be considered as part of this application; ».. ---• 4. Applicants: To have a complete application you will need to submit attachments described iv the attached information $heel at the tiw6 you submit this application. 5. THE APPLICANT(S) SaALt CERTIFY THAT: A. The above re.uest does not violate BnY deed restrictic)ns that may be attached to or im oec�d u on the sub ect praparty. � ~� D. If the application is granted, the applicant will e) :etCise the rights granted ip accordance with the terms and subject to all the Conditions and limitations of the approval. C. All of the above statement° and the statements 1 the plot place, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, . may be revoked if it is found that any such statements are false. D. The applicant has road tho entire contents of the appL3. including the policies and criteria, and understands the requireuen.ts for approving or denyin4 the application. DATED this day of c--4--11:71-- 19 "'t {° SIdVATUP.25 of each owner (eg. husband and wife) of the subject p2'operty. • (KSL:pm /0736P) " M c h �, • After recordinn return to: Pacific Crest Partners Scholls, L.L.C. : " 0's 911 Oak Street Hood River, Oregon .97031 rAc Until a change is requested all tax statements shall be sent to the following address. / Pacific Crest Partners Scholls, L.L.C. 911 Oak Street 'Hood River, Oregon 97031 Title Order No. Escrow No, 94160153 STATUTORY WARRANTY DEED Lee Reed Cunningham, Grantor, conveys and warrants to Pacific Crest Partners Scholls, L.L.C. , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: SEE EXHIBiT "A" ATTACHED HERETO FOR LEGAL DESCRIP'T:IO.N This property is free of liens and encumbrances, EXCEPT: Statutory Powers and Assessments of Unified Sewerage Agency; rights of the public in and to that portion of the premises herein described lying within the limits of roads, streets or highways; easement for vehicular ingress and o egress recorded in Fee No. 85027461; relinquishment of access as disclosed by document recorded as Fee No. 92061303: easement for slope and the maintenance thereof recorded in Fee No. ca 92061303 w3 TUIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS h INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND n REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE �' PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED C.JSES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST x FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. 2 The true consideration for this conveyance is 5624,555.00 Paid to an Acconamodator Pursuant to • / , an IRC 1031 Exchange. (Here comply with the requirements of ORS 93.030) D teal this 16th of November, 1994. �^ _.._.._:_...;......._� IMO ,t.w-Tot4 LEE REED 'UN ..1 GRAM ' 2 , c>o ALAI. STATE OF OREGON County of Multnomah } SS: This instrument was acknowledged before rn.e on 16th day of November , 1994, by Lee. Reed Cunningham . . al:?&11-9.-)(>'740,6( • •c i t i c Crest Partners 51+6 ' 386 9375 P.03 JV 14 '94 02 ;58PM FIRST• -Qfl RICAN P. . - _ Omer No. 766627 EXHIBIT 'A' All of that certain tract of real property situated In Section 33, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, bounded and described as follows, to -wit: • • Beginning at an Iron pipe 869 feet North and 20 feet West of the one - quarter comer between Sections 33 and 34, Township 1 South, Range 1 West; thence West 240 feet to an iron pipe: thence North parallel with the East line of sald Section 33, a distance of 239.25 feet to an Iron pipe In the South line of the Scholls Ferry County Road No. 348; thence North 79° East along the South line of said Scholls Ferry Road, 244.50 feet to an Iron pipe; thence South along the West side of that certain road which is mentioned in the deed from J.D. Hite and wife to Frank C. Hausafus and recorded in Book 'U', page 338, Records of Washington County, Oregon, and in 20 foot West of and parallel with the Fast line of said Section 33, a dietence of 285,8 feet to the place of beginning. EXCEPT that portion thereof acquired by the State of Oregon, by and through its Department of Transportation, under Judgment entered in Suit No. C 90- 1007CV In the Circuit Court for Washington County, a copy of which was recorded September 3, 1992 as Fee No. 92061303. /1,40,01.0ee . 0Po %-oti 3. Policy 5.4 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The properties proposed for redesignation are currently zoned C -P and C -N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants' argument that the proposal would not have a significant effect on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study submitted for the previous application (CPA 95- 0002/ZON 95 -0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C -G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C -N. Parcel 1 has recently developed as a bank and is under long -term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G. In addition, any one use is limited to 4,000 square feet under C -N zoning. The owner /developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94 -0014. These improvements serve to mitigate the impact of additional traffic at this site. The traffic impacts resulting from the medical clinic on Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88 -05). The current proposal, therefore. to rezone this site from C -N to C -P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. The Engineering Division states that because the proposal is an exchange of already existing zoning districts that involves virtually the same amount of land, there will be no additional traffic impact caused 8 ry, ' ~ w • • 4P either by a riew zoning district or by land added to the old districts. For the above reasons, Policy 8.1.1 is satisfied. 5. Policy 12.2.1 (1) provides the Iocational criteria for designating land as neighborhood commercial (C -N). These criteria apply to Site A. The Iocational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable Iocational criteria with findings are as follows: (1) Spacing and Location a. The service area radius for a neighborhood commercial center shall be at least one -half of a mile. The service area depends on the type of tenants who locate at the site, but it is expected to be at least one -half mile. If approved, this C -N district would be the only one within one mile. There are C -G and C -P districts within one half mile that serve a larger trade area. b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection. to one side of the street. If this proposal is approved and Site B is designated as C -P, then Site A would be the only quadrant of the intersection designated as C -N. The northeast quadrant in Beaverton is designated as O -C (Office Commercial); the northwest quadrant in Beaverton is R -7 (Single - Family Residential); and the southeast quadrant would be C -P (Commercial Professional). This criterion, therefore, is satisfied. (2) Access a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and projected traffic volumes. the speed limit. number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95- 0002/ZON 95- 0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C -N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. • 9 • • • • • AFFIDAVIT OF MAILING • STATE OF OREGON ) )ss. • City of Tigard 1, T-n ' Murp`f y , being duly swom, depose and say that on A a ctSt Z t / , 191‘ I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) ���� S � 2 700 W or / ■1 A rd ?fix Lot 16260 a copy of which notice so mailed is attached hereto and made a part of hereof. 1 further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date inplicated above in the United States Post Office located at 7190 rd - bV m i Street 42ro H a , with postage prepaid thereon. kA-19 Signa re (I the presen of Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) Subscribed and swom/affirmed before me on the /214 day of -kA1 19_ ♦" OFFICIA S F EAL t i . ELLEN P OX NOTARY PUBLIC O OREGON NOTARY PUBLIC•OREGON r ` •� COMMISSION NO. 024561 MY COMMISSION EXPIRES MAY 16, 1997 1 My Commission Expires: / /y" (Applicant. please complete information below-for proper placement with proposed project) • r ,NA.ME OF PROJECT OR PROPOSED NAi4E: 5 u r ► 0 COM • Q ht -- TYPE OF PROPOSED DEVELOPMENT: - • ! }rfj;iTTM IM•1 1 11 /�!�T�!� Name of ApplicandOwner. Slav butts (a A . • 01 r 4^? Address or General Location of Subject Property. 1Z7 S IJ Nev. tt. Io!(o{j L ubject Property Tat Map(s) and Lot T(s): IS 1 33 AD PA (.OF /10200 n: Jogintpattrmatiterstalmaa.mu • MEETING NOTICE • EXHIBIT `G' TUESDAY, SEPTEMBER 10, 1996 7:00 PM GODFATHER'S PIZZA, GREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARD, OREGON August 23, 1996 Dear Neighbor: Starbucks Coffee Company would like to invite you to the meeting noted above to discuss a Conditional Use permit for their proposed new store, located in the commercial building at the southwest corner of Scholls Ferry Road and North Dakota Street, right next to Boston Market. Let me explain the situation and proposal. The Starbucks Coffee Company store, as proposed, would include tables and chairs so people can sit and enjoy their coffee and food right there. In the Tigard Development Code, it would therefore be classified as an "eating and drinking establishment" - which is only allowed as a "conditional use" within the Neighborhood Commercial zone. A conditional use permit must be reviewed and approved by the City's Hearings Officer, after a public hearing on the matter. (You will be notified of the public hearing itself by the City over the course of the next few weeks). Prior to submitting the conditional use permit application to the City of Tigard, the applicant is asked by the City to hold a neighborhood meeting to explain the proposal to interested citizens. This neighborhood meeting is being held to solicit your comments and questions about the application. They are hopeful, of course, that you are thrilled to have a Starbucks Coffee Company store coming to your area. They are excited about this location, and anxious to become a vital part of your neighborhood. If you have any questions or comments, please come to the informational meeting, or just call me at the phone number listed below. Ed Murphy, AICP 624 -4625 phone 968 -1674 fax • • Abdullah Alkadi Bill Gross Kathie Kallio 11905 SW 125th Court 11025 SW 135th Avenue 12940 SW Glacier Lily Drive Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Ed Howden Bonnie & Jim Roach Clark G. Zeller 11829 SW Morning Hill 14447 SW Twekesbury Drive 13290 SW Shore Drive Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 Larry Westerman Christy Herr Barbara Sattler 13665 SW Fern Street 11386 SW Ironwood Loop 11245 SW Morgen Court Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 June Sulffridge Beverly Froude Kathy Smith 15949 SW 146th Avenue 12200 SW Bull Mountain 11645 SW Cloud Court Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Linda Masters Scott Russell Cal Woolery 15120 SW 141st Avenue 31291 Raymond Creek Road 12356 SW 132nd Court Tigard, OR 97224 Scappose, OR 97056 Tigard, OR 97223 Karl Swanson Kinder Care Learning Center Dr. Nickol, Animal Hospital 11310 SW Ironwood Loop 12658 SW Dakota 12730 SW Dakota Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, OR 97223 • • 76 7s T- (2 cr‘) (gas cam. 0 S c 7 % P - S r 2 5J s )1 • • Owner Name Site Address Phone Farm # BRAVO JOSE 11334 SW SUMMER LAKE DR 23 BUCHMAN EDWARD H & MA *NO SITE ADDRESS* 636 -7507 1 BUI JOSEPH HUA 10623 SW 127TH CT 8 COLLIGAN ,MICHAEL S & 11347 SW SUMMER LAKE DR 24 ENTAGH REZA 10716 SW 127TH CT 19 EQR -WEYER VISTAS INC 12505 SW N 3 GOUGH EVAN P & SALLY 12570 SW TARPAN DR 5 GRABINSKI ALAN & BAZA 12640 SW TARPAN DR 7 H A & W INC *NO SITE ADDRESS* 2 HEFFELFINGER WILLIAM 10662 SW 127TH CT 643 -9795 13 HEIM FRANCES E 12610 SW TARPAN DR 524 -5404 6 JACOBS GREGORY TODD & 10659 SW 127TH CT 12 KETTERLING KEITH A & 10704 SW 127TH CT 18 KINDER CARE LEARNING 12658 SW NORTH DAKOTA ST 20 LUY PHANA 10674 SW 127TH CT 15 MADARANG GEORGE E & L 11356 SW SUMMER LAKE DR 25 MCDONALD'S CORPORATIO 12388 SW SCHOLLS FERRY RD 21 MULLIGAN M PATRICK 10690 SW 127TH CT 641 -8834 17 NIEDNER FREDERICK A & 10500 SW TARPAN DR 524 -3182 4 PACIFIC CREST PARTNER 12526 SW SCHOLLS FERRY RD 386 -6333 22 PETERS DAVID L & FRAN 10648 SW 127TH CT 11 PUN YING KUEN 10636 SW 127TH CT 10 SALVATION ARMY CORPOR 10624 SW 127TH CT 9 SEEMANN SANDRA KAY 10673 SW 127TH CT 14 ZEHNI SAAD 10682 SW 127TH CT 16 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • • AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: ..... , ...........:.....:; .:. ,... . .. . :.. .:, Division.;' • P .Tannin ... ..... 1312b .SW Ha1I:Boulevard" . ... • ...... .. ... .. . . .. .... .. . .......... Tigard..OR :97223 . I, E un , do affirm that I IN (re res the party initiating interest in a proposed Ceindc 'd Late Pe roil affecting the land located at (state the approximate location(s) if no address(s) and /or tax lot(s) currently registered) 1 2 7 Ma SW 1'4 DAkq St: Tax lot ( 6too , and did on the %.3 day of /-4-w us t 191(9_ personally post notice indicating that the site may be proposed for aA ta4lhq Aid dn)1t4 q -e sfab •- Covidi 'd A4 lA� application, and the time, date and place of a neighborhood meeting to discuss the proposal. I . The sign was posted at -tWo 51 • hg p'J 4ed . One IN a par *A 1 of _ .• e.1. 1 •. ►• .. -. • f - • (state ocation you posted notice on property) f dL J Signature (In - presen of - Notary Public) (THIS SECTION FOR A STATE OF OREGON; NOTARY PUBLIC TO COMPLETFJNOTARIZE) Subscribed and swom/affirmed before me on the / 3 'day of 7evil ben., 19 6 . _&(.,,, �� NZN 1 �. '1 vl OFFICIAL SEAL f 1 Vt ELLEN P FOX 1 NOTARY PUBLIC OF O GON • NOTARK PUBLI- O 1 COMMISSION N0.0 CREGON 1 t 245s My Commission Expires: 5//6/9 7 MY COMMISSION EXPIRES MAY 16, 1997 r ft�+... :.'�.- ' �. �-,-, 111����ti v (Applicant, please information below for proper placement with proposed project) 1 NA_ E OF PROJECT OR PROPOSED NAME: C• • P TA.- lelt•urlIc TYPE OF PROPOSED DEVE OP(�'MNT: eh l list rw I Name of Applicant/Owner: S y r t jt � Q a � otny I Address or General Location of Subject Property: 12 70 ctij 'tier 1, /No 1( in Ct• , L Sub j ect Property Tax Map(s) and Lot (s): 15 1 3 rI A , Ptak /at avroo I n :'1oginlpatty4nastcs ■V flposs.mst • • EXHIBIT `H' MEETING NOTICE • STARBUCKS COFFEE COMPANY IS APPLYING FOR A CONDITIONAL USE PERMIT ON THIS PROPERTY IN ORDER TO ALLOW AN "EATING AND DRINKING ESTABLISHMENT" TO BE LOCATED WITHIN A NEIGHBORHOOD COMMERCIAL ZONE. Prior to applying to the City of Tigard for the permit, the applicant would like to discuss the proposal in more detail with the surrounding property owners and residents, and any other interested citizens. You are invited to attend an informational meeting on: TUESDAY, SEPTEMBER 10,1996 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: STARBUCKS COFFEE CO. CONTACT: Ed Murphy, Planning Consultant PHONE NUMBER: 624 -4625 • • oPOA ,� t6 5 X 24 The Medici Consultants Architecture, Interior Design, Space Planning & Programming N August 5, 1996 for Pre - application Conference for Conditional Use CITY OF TIGARD 13125 SW HALL BLVD TIGARD, OREGON 97223 STARBUCKS COFFEE COMPANY, is planning a tenant improvement remodel at the location of Pacific Crest Scholls Center, 12700 SW North Dakota, space # 120, 1,322 sq. ft. in Tigard, Oregon. Washington County,. We are a limited food service and retail sales facility. Thank you for reviewing our proposal. Sincerely; f c...L Emily Buch alter Consulting Architect for STARBUCKS COFFEE CO. 2233 102nd Place S.E Bellevue, Washington 98004 Tel: (206) 453 -9298 Fax: 454 -5846 • • • CITY OF TIGARD PRE - APPLICATION CONFERENCE NOTES • .44. City 0, Tigark.Oregoa NON - RESIDENTIAL DATE I // • STAFF: A/t Ak VJ t APPLICANT: I ke- ,PetC! Co Su ( S AGENT: Phone: ( Phone:( - y6 ZS PROPERTY LOCATION: 2 700 S 14C w `�/ 1i 7 L ADDRESS: `�l �l D �' �� TAX MAPITAX LOT: . 151364ID Tax L +- (b ZOd NECESSARY APPLICATION(S): C A"° ts"-e— PROPOSAL DESCRIPTION: Oeve /o, eg a di ¢v�veril - �vyiv,P t,v Wt ), I a ..eXl vt s � s L J 6 TP /N COMPREHENSIVE � PLAN DESIGNATION: n r In ljh, ..L ,od p LA-t Qv-,', Q / C & IV ZONING DESIGNATION: IlP.6 hop,rLoo (owt I...t.e✓`C)st ( CITIZEN INVOLVEMENT WeS FACILITATOR: ��ee__ TEAM AREA: PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: 902 sq. ft. Average lot width: 5 6 ft. Maximum buildi g height: 3S ft. Setbacks: front 20 ft. side 1/ ft. rear 0 ft. corner )4 ft. from street. Maximum site coverage: % Minimum landscaped or natural vegetation area: (S % (Refer to Code Section 18. b'). 4 ) ADDITIONAL LOT DIMENSIONAL REQ EMENTS Minimum lot frontage: 25 fee unless lot is created through the minor land partition process. Lots created as part of a partite must have a minimum of 15 feet of frontage or have a minimum 15 foot wide access ease ent. CITY OF TIGARD Pre - Application Conference Notes Page 1 of 8 NON•Residentiel applicationIPlanning Department Section . The depth of all Tots sh n exceed 24 times the averagedth, unless the parcel is less than 1% times the minimum lot size o applicable zoning district. (Refer to Code Section 18.164.060 - ) 1 k I if - SW 140at 1DakI SPECIAL SETBACKS SW Sc o c,4011$ y 01 ➢ Streets: / feet from the centerline of v ➢ Established areas: .1/0 feet from ➢ Lower intensity zones: -7 5 feet, along the site's 54 boundary. ➢ Flag lot: 10 foot side yard setback. (Refer to Code Section and 18.96) `! /a SPECIAL BUILDING HEIGHT PROVISIONS Building Height Exceptions - Buildings located in a non - residential zone may be built to a height of 75 feet provided: ➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least '/2 (half) of the building's height; and ➢ The structure will not abut a residential zone district. (Refer to Code Section 18.98.020) -' ( p Ge. per eoct x 2 -e u,�o I cro.es Re P ARKING AND ACCESS n / f Required parking for this type 1 aee go.- 2acLi 50 , lq. ei roe q p g ype of use (� _ 7 �G w ewe. Parking shown on preliminary plan(s): 1. LJ Secondary use required parking: •" Parking shown on preliminary plan(s): No more than 40% of required spaces may be designat d and/or dimensioned as co pat spaces. gn .e 3s0 I o o 4 y fi Parking stalls shall be dimensioned as follows: V G u C I es' '2-0 S4. 4.4c aS rr .,. ➢ Standard parking space dimensions: 8 ft. 8 in es X 18 ft. 14 SQL • ➢ Compact parking space dimensions: 8 ft. X 15 ft. L o u SQ✓ (Refer to Code Section 18.106.020) ( c../ h � �eSS 3 Q!/ G. 'I` , / ➢ Handic parking: All parking areas shall provide appropriately locatdd an dimensioned disabled person parking spaces. The minimum number of disabled perso parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for multi - family, commercial and industrial developments. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular/ parking spaces. Minimum number of accesses: 0 '1 Q. Minimum access width: 30 . Minimum pavement width: L.L-1 ee,2� All driveways and parking areas, excep for some fleet storage parking areas, must be paved. d _________________ Drive -in use queuing areas: CITY OF TIGARD Pre - Application Conference Notes Page 2 of 8 NON•Residential application!Planning Department Section • • • WALKWAY REQUIRE NTS Walkways shall tend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevator of all commercial, institutional, and industrial uses, to the streets which provide the required access d egress. Walkways shall provide convenient connections between buildings in multi - building com rcial, institutional, and industrial complexes. Unless impractical, walkways should be constructed be een a new development and neighboring developments. (Refer to Code Section 18.1 050) LOADING AREA REQUIRE NTS Every commercial or i ustrial building in excess of 10,000 square feet shall be provided with a loading space. The space ize and location shall be as approved by the City Engineer. (Refer to ode Section 18.1 .070 -090) CLEAR VISION AREA The City requires t clear vision areas be maintained between three and eight feet in height at road /driveway, road /railr d, and road /road intersections. The size of the required clear vision area depends upon the abutting eet's functional classification. (Refer to Code Section 18.10 ) ci)Le BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. '7 f> ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along LANDSCAPING Street trees are req • ed for all developments fronting on a public or private street as well as driveways which are m re than 100 feet in length. Street trees must be placed either within the public right -of -way or on rivate property within six (6) feet of the right -of -way boundary. Street trees must have a minimu caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should b spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at matun . Further information on regulations affecting street trees may be obtained from the Planning Divisio . CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON•Residentiel application1Planning Department Section A minimum of o e 1) tree�or every seven (7) parking spaces be planted in and around all parking areas in order provide a vegetative canopy effect. Landscaped parking areas shall include special design features ich effectively screen the parking lot areas from view. These design features may include the use f landscaped berms, decorative walls, and raised planters. For detailed information on design requirem is for parking areas and accesses. (Refer to Code Chapters 18.100, 8.106 and 18.108) SIGNS Sign permit ust be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" andout is available upon request. Additional sign area or height beyond Code standards may b ermitted if the sign proposal is reviewed as part of a development review application. Alternat ly, a Sign Code Exception application may be filed for review before the Hearings Officer. (Refer to Code Section 18.1 ) SENSITIVE NDS The Co provides regulations for lands which are potentially unsuitable for development due to areas within a 100 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on u ktable ground. Staff will attempt to preliminary identify sensitive lands areas at the pre - application confe ence based on available information. HOWEVER, the responsibility to precisely identify sensitive lands yeas. and their boundaries. is the responsibility of the applicant. Areas meeting the definitions o - nsitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.84 also provides regula 'ons for the use, protection, or modification of sensitive lands areas. Residential development is pro' • ited within floodplains. In most cases, dedication of 100 - year floodplain areas to the City for par' and open space areas is required as a condition of the approval of a development application. (Refer to Code Section 18.84) TREE REMOVAL PLAN REQUIR MENTS A tree pan for the plantin removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel r combination of Tots or parcels for which a development application for a subdivision, major partition, ite development review, planned development or conditional use is filed. Protection is preferred overor where possible. The tree plan shall include the followi Identification of the location, size and species of all existing trees including trees designated as significant by the city; .\ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: ➢ Retainage of less than 25 percent of exist g trees over 12 inches in caliper requires a mitigation program according to Section 18. 0.070.D. of no net loss of trees; CITY OF TIGARD Pre - Application Conference Notes Page 4 of 8 NON•Reaidential applicationlPlanning Department Section • • • ➢ Retainage of ' om 25 to 50 percent of existing trees over 12 inches in caliper requires that two -third • of the trees to be removed be mitigated according to Section 18.150.070.D; ➢ Retainage of from e to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of he trees to be removed be mitigated according to Section 18.150.070.D; ➢ Retainage of 75 percent • greater of existing trees over 12 inches in caliper requires no mitigation; b Identification of all trees which are p •posed to be removed; and b A protection program defining standa • s and methods that will be used by the applicant to protect trees during and after constructi.n. Trees removed within the period of one (1) yea prior to a development application listed above will be inventoried as part of the tree plan ab •ve and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.025) MITIGATION Replacement of a tree shall take place according to t e following guidelines: ➢ A replacement tree shall be a s bstantially similar species considering site characteristics. ➢ If a replacement tree of the species of t e tree removed or damages is not reasonably available, the Director may allow replaces ent with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not easonably available on the local market or would not be viable, the Director shall requi - replacement with more than one tree in accordance with the following formula: ➢ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damage., by the caliper size of the largest reasonably available replacement trees. If this n mber of trees cannot be viably located • on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, eithe public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in .: manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a part may, with the consent of the Director, elect to compensate the City for its costs in performing such t -e replacement. (Refer to Code Section 18.150.070 (D) CITY OF TIGARD Pre - Application Conference Notes Page 5 of 8 NON-Residential applicationlPlanning Department Section • • c .-........ NARRATIVE _ _ _- The applicant shall submit a narrative which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Section 18.32) ODE SECTIONS ��� 18.80 18.92 '8.108 _LA I:120 _ 18.150 . 18.84 _ 18.96 18.102 .114 8.130 _ 18.160 18.88 _ 18.98 .106 L/ 18.116 _ 18.134 _ 18.162 _ 18.164 IMPACT STUDY As a part o the application submittal requirements, applicants are required to include impact study with •eir submittal package. The impact study shall quantify the effect of the development o • public facilities and services. The study shall address, at a minimum, the transportation s -tem, including bikeways, the drainage system, the parks system, the water system, the sewe system and the noise impacts of the development. For each public facility system and type • impact, the study shall propose improvements necessary to meet City standards, and to 1 inimize the impact of the development on the public at large, public facilities systems, an affected private property users. In situations where the Community Development Code req, ires the dedication of real property interests, the applicant shall either specifically concur with he dedication requirement, or provide evidence which supports the conclusion that the real oroperty dedication requirement is not roughly proportional to the projected impacts of the de' elopment. (Refer to Code Chapter 18.3 Section .050) When a condition of approval equires transfer to the public of an interest in real property, the approval authority shall adopt fin 'rigs which support the conclusion that the interest in real property to be transferred is roughly propo Tonal to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32 Section . 50) NEIGHBORHOOD MEETING - The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. (Refer to the Neighborhood Meeting Handout) • CYCLING �1 _ - Applicant should contact franchise hauler for review and approval of site servicing compatibility w • Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625 -6177. (Refer to Code Section 18.116) 7 • CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON•Residential applicationiPlanning Department Section • • ADDITIONAL CONCERNS OR COMMENTS: A dd)/eJ fad s k d1a�i b1 • .� 41 ravel • V2l�II C s a L1 loosed P vt2Y1d 5 Ala fl e a ,'. 11 • aGtal. Ua f I/'2V/.e ff kott) -Q. ►s4IK t-e1 + /rt... et4s- L Pi(42177 lk e)P Up loped d dvrk 6: G �e aS tJq -- Gl a/ .'. /tQ J 114 iti „fa 4 vvacch_ wfat-- t /yip / / 10.2 ✓(� vri T�.e u �aY P. S ( a�4e 5 -eve( of I 5.0A)1e.e , 55 as ` reAar av 1cd 1 1 %eAte,466,, . 11)wlaY 4tta( s `.€ ✓t';i ps �fvaPc le kev Q�ij PRO RE 14 "tr6 O ~D pe✓4 lov S I A t, l Y12 d` SGGI$(J 1 064- /61 ;� 1� cv ( 7 CO t p 1 Agministrative Staff Review. , ublic hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4 :30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON.Residential application/Planning Department Section • • The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public appeal pe i d follows � Ij land use decisions. An appeal on this u matter would be heard by the Tigard �� Lact.c ( . A basic flow chart which illustrates the review process is availabl from the Planning Division upon request. This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. 'Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) is /are required if an application(s) is /are to be submitted more than six months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: 7,1 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639 -4171 FAX: (503) 684 -7297 h: \login \patty \masters\preapp -c. mst • (Engineering Section: masters\preapp-c.eng) July 19, 1996 CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residential applicationlPlanning Department Section . Ai sz � ' 7. -7 . .1-s i N . aA�GT/ Ay 1 11. City of Tigard, Oregon PRE- APPLICATION CONFERENCE NOTES ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre - application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. • Approval of a development application for this site will require right -of -way dedication for: •) to feet from centerline. v ('1•) to feet from centerline. 2 ,3 to feet from centerline. ( a Street improvements: ;a �'' '•'j' � .I► .iii"t:./ ( Ij ° �' 'i � A►,�' ! ,;,,,' I ,;v , /(� , � ,.; �'' '',- 10 1 • (/ street improvements will be necessary along . street improvements will be necessary along . (3 Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. CITY OF TIGARD Pre - Application Conference Notes Page 1 of 3 Engineering Oeparmumt Section • • In some cases, where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: ( Pedestrianways /bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is i • = - -•∎ - e: : - _ •• -' -- • .- • -• • . - . . . - . -. -..- - .onsi•ii -. Water Supply: The -- 11/Arl-T, Water DistAtt - Phone:(503) 1011 4(1 ( provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: - Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526 -2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. IJrpc. AoO :1 -o � St f;�l/f�- M s( Other Agency Permits: Olk CITY OF TIGARD Pre - Application Conference Notes Page 2 of 3 Engineering Department Section • • Storm sewer improvements: p &?Lk. STORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City will - use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $180.00. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. v 1 R S P ' t S G Q of } ' c 6 /AS STREET OPENING PERMIT Ie• 51 "TP-tf 0 c4-04w6 RA i of 1ac) 'IP-416.bew i wtw P T r+R PRFVtovs FEE No work shall be performed within a public right -of -way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. - rAA- FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: r_ l3 '9Co ENGINEERING DE ARTMENT Phone: (503) 639 -4171 Fax: (503) 684 -7297 h:Vogintpattytpreapp.eng (Master section: preapp- r.mst) ApriI23, 199E1 CITY OF TIGARD Pre - Application Conference Notes Page 3 of 3 Engineering Department Section • CITY OF TIGARD 1►. COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. Staff: V 1 Date: I Q,1 (( APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS � I A) Application form (1 copy) B) Owner's signature/written authorization 1:1 C) Title transfer instrument/or grant deed D) Applicant's statement No. of Copies E) Filing Fee $ / �15 II SITE - SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS,) A) Site Information showing: No. of Copies 20 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0 -10% or 5 ft for grades > 10 %) ❑ 4. Drainage patterns, courses, and ponds ❑ 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level 0 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources ❑ 10. Location of existing utilities and easements ❑ 11. Location of existing dedicated right -of -ways [� LAND USE APPLICATION./ UST PAGE 1 OF 5 • • B) Site Development Plan Indicating: No. of Copies 1. The proposed site and surrounding properties 2. Contour line intervals ❑ 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties ❑ (b) Proposed streets or other public ways & easements on the site ❑ (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site (b) Parking and circulation areas (c) Loading and services area (d) Pedestrian and bicycle circulation (e) Outdoor common areas ❑ (f) Above ground utilities ❑ 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site (b) Proposed structures, improvements, utilities and easements on the site ❑ 6. Storm drainage facilities and analysis of downstream conditions ❑ 7. Sanitary sewer facilities ❑ 8. The location areas to be landscaped ❑ 9. The location and type of outdoor lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures and their orientation 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies The site development plan s' :II include a grading plan at the same scale as the site analysis drawings an • hall contain the following information: 1. The location and extent to whi grading will take place indicating: (a) General contour lines ❑ (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the .roposed site development ❑ 2. A statement from a registered engineer s .ported by data factual substantiating: (a) Subsurface exploration and geotechni,al engineering report ❑ (b) The validity of sanitary sewer and stor drainage service proposals ❑ (c) That all problems will be mitigated and low they will be mitigated ❑ LAND USE APPLICATION / LIST PAGE 2 OF 5 D) Architectural Drays Indicating: •No. of Copies 2® - The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures L/ proposed for use on -site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable ❑ 2. Location and height of fences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and common open spaces 0 4. Location, type, size and species of existing and proposed plant materials 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ F) Sign Dr ings: ❑ Sign drawl shall be submitted in accordance with Chapter 18.114 of the Code part of the Site Development Review or prior to obtaining a Building Per 't to construct a sign. 6■04e..5 fri cir Les G) Traffic Generation Estimate: / Pro v d e. Q n k d QY Q Pe✓ S�" 4 2J. { H) Preliminary Partition/Lot Line Adtustmen Math Indicating: No. of Copies 1. The owner of t' - subject parcel ❑ 2. The owner's aut • rized agent ❑ 3. The map scale (2a 50,100 or 200 feet -1) inch north arrow and date ❑ 4. Description of parc - I location and boundaries ❑ 5. Location, width and ames of streets, easements and other public ways within and adja ent to the parcel ❑ 6. Location of all perman -nt buildings on and within 25 feet of all property lines ❑ 7. Location and width of al water courses ❑ 8. Location of any trees with 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes greater than 25% ❑ 10. Location of existing utilities a d utility easements ❑ 11. For major land partition which creates a public street: (a) The proposed right -of -wa location and width ❑ (b) A scaled cross - section of th- proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions ❑ 13. Evidence that land partition will no preclude efficient future land division where applicable ❑ LAND USE APPLICATION. LIST PAGE 3 OF 5 1) Subdivision Pre lim ay ' • t Map and Data Indicating: •No. of Copies 1. Scale equaling 30,50, 00 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of he subdivision ❑ 3. Vicinity map showing • operty's relationship to arterial and collector streets ❑ 4. Names, addresses and to -phone numbers of the owner, developer, engineer, surveyer and de' gner (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be ubdivided ❑ 7. Names of adjacent subdivision .r names of recorded owners of adjoining parcels of un- subdivi. - • land ❑ 8. Contour lines related to a City-es . blished benchmark at 2 -foot intervals for 0 -10% grades greater than 10'0 ❑ 9. The purpose, location, type and s ze of all the following (within and adjacent to the proposed subdivi on): • (a) Public and private right -of - .ys and easements ❑ (b) Public and private sanitary a • storm sewer lines ❑ (c) Domestic water mains includi ; fire hydrants ❑ (d) Major power telephone transmi .ion lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, ope spaces, pathways and other land encumbrances ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on he plans ❑ 11. Plan of the proposed water distribution s tem, showing pipe sizes and the location of valves and fire hydrants ❑ 12. Approximate centerline profiles showing th- finished grade of all streets including street extensions for a reasonable • tance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of proposed street right -o' way(s) ❑ 14. The location of all areas subject to inundation o storm water overflow ❑ 15. Location, width & direction of flow of all water • urses & drainage -ways ❑ 16. The proposed lot configurations, approximate lot • imensions and lot numbers. Where lots are to be used for purpos-s other than residential, it shall be indicated upon such lots. ❑ 17. The location of all trees with a diameter 6 inches or : reater measured at 4 feet above ground level, and the location of propos: • tree plantings ❑ 18. The existing uses of the property, including the locatio ' of all structures and the present uses of the structures, and a statement • which structures are to remain after platting ❑ 19. Supplemental information including: (a) Proposed deed restrictions (if any) ❑ (b) Proof of property ownership ❑ (c) A proposed plan for provision of subdivision improve -nts ❑ 20. Existing natural features including rock outcroppings, wetlands & m: rsh areas ❑ 21. If any of the foregoing information cannot practicably be sho on the preliminary plat, it shall be incorporated into a narrative and s bmitted with the application ❑ LAND USE APPLICATION / UST PAGE 4 OF • j) Solar Access Calculation • 0 10 Other Information No. of Copies 20 D F d<40 awl r s; s de�vJ €x IJ a �/ •,45.465'i Co � i ric 4 111. �� /. � f2to � • G I tL e "d 11.5 ad OP i42. Q fef o o 4 c\v Q ,,,, Pleas. alp P vo O to x r r V01(.V01(.0 �F pi ail- r epU t irttaL itttlAltv 01 4)-- 16 y • h:Vogin\patty nasters\lcklist.mst May 23, 1995 LAND USE APPLICATION/ LIST PAGE 5 OF 5 4111 • ----- , . � -00101 itsi- Ott 11 �� I r n ".tv ii 1 40 I 1 S133AD -16000 }+ .Q ;; ;; - 1S134BG00401 10900 �' - - • 6 - 1 3AD 11 17 ,133AD -16200 1' g •3AD -11 •• - i 1 . 33AD -11.00 1 �� I I3AD - 11 0S133AD -02500 1;► ; 3AD-11 ' 00 1 S 134BC-00700 1 ' 3AD-1 .00 el ‘ C1 1 • izs°QI lir4)0 Q -2300 d id, II 11 ( 0 ii �b 'c, • . DR 6 C M ._ 1S134BG00403 „(:),... A 1., 011°P ,, _ , *** 0 T 1,_ ** IL 0) .` f 0.1; SW ANTON _ 4 1 1111111111111111111111, O 111,41 ' Wi • • - li d (...) _ N N �_ I �_ M --- - DAKOTA - Vicinity Map CUP 96 - 0001 STARBUCKS COFFEE NA. Aa,b Mbam4 N FAX TRANSMITTAL 00 • DATE: TO: Mary White, Legals (fax) 620 -3433 FROM: Patricia Lunsford, City of Tigard (Ph.) 639 -4171 PLACE UNDER CITY OF TIGARD LOGO IN THE LEGALS SECTION The following will be considered by the Tigard Hearings Officer on Monday . 1996 at 7:00 PM at Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence sufficient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by calling (503) 639 -4171. PUBLIC HEARING: CONDITIONAL USE PERMIT (CUP) 96 -0007 ➢ STARBUCKS COFFEE < A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. ZONE: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. TT PUBLISH DATE: CUP 96 -0007 STARBUCKS COFFEE PROPOSAUREQUEST FOR COMMENTS • • J CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 96 -0007 Case Name(s): STARBUCKS COFFEE Name of Owner: Pacific Crest Partners Name of Applicant: Starbucks Coffee Company Address of Applicant: 2203 Airport Way South City: Seattle State: Washington Zip: 981_34 Address of Property: 12700 SW North Dakota Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 1S1 33AD. Tax Lot 16200 Request: ➢ A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N zone. An approval would allow approximately 200 square feet of seating area within an existing store. Zone: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Action: > ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:9 THE::DECIS'IO.NS' HALL >BE >FINALON`::::::;: «<::::;<:;> 1:99.6: >UNLES'S A'N APPEAL 'IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE" DEADLINE; F...: ORFILING' OF:`A'N:APP:EAL <IS330:PM:ON`::: 1996. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) 639 -4171. CUP 96 -0007 STARBUCKS COFFEE NOTICE OF 11/25/96 H.O. PUBLIC HEARING • • CITY OF TIGARD REQUE T FO COM NTS DATE: September 27. 1996 elkitup • TO: Per Attached CNA i FROM: City of Tigard Planning Department STA F CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: CONDITIONAL USE PERMIT (CUP) 96 -0007 ➢ STARBUCKS COFFEE Q A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. ZONE: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - October 7. 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (P1 ase provide the foaming information) Name of Person(s) Commenting: I Phone Number(s): CUP 96 -0007 STARBUCKS COFFEE PROPOSAL/REOUEST FOR COMMENTS • • CITY OF TIGARD HEARING'S OFFICER NOVEMBER 25, 1996 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 c Anyone wishing to speak on an Agenda item should sign on the Appropriate sign -in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639 -4171, Ext. 320 (voice) or (503) 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: > Qualified sign language interpreters for persons with speech or hearing impairments; and > Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 11/25/96 PUBLIC HEARING h:\patty\masters\agendho.mst • • CITY OF TIGARD HEARINGS OFFICER CITY OF TIGARD Community 'Development Shaping A Better Community NOVEMBER 25, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 >STARBUCKS COFFEE< CONDITIONAL USE PERMIT (CUP) 96 -0007 The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial. ZONING DESIGNATION: C -N (Neighborhood Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 11/25/96 PUBLIC HEARING h:1patty■masters1agendho.mst • • • Agenda Item: 2.1 Hearing Date: November 25. 1996 Time: 7:00 STAFF REPORT TO THE ' HEARINGS OFFICER Aka- ..l CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON SECTION I: APPLICATION SUMMARY CASES: FILE NAME: STARBUCKS COFFEE Conditional Use Permit CUP 96 -0007 PROPOSAL: The applicant has requested Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N (Neighborhood Commercial) zone. Approval would allow for seating area within the existing store. APPLICANT: Starbucks Coffee Co. OWNER: Pacific Crest Partners 2203 Airport Way South 911 Oak Street Seattle, WA 98134 Hood River, OR 97031 COMPREHENSIVE PLAN DESIGNATION: Neighborhood Commercial. ZONING DESIGNATION: C -N (Neighborhood Commercial). LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 1 • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 1. The applicant shall obtain a building permit from the building division. SECTION III: BACKGROUND INFORMATION Site History: A zone change was granted in 1979 from Washington County R 5 -1 to City of Tigard C -P (Commercial Professional). A Conditional Use (CU 7 -79 /SDR 21 -79) was approved to allow a veterinary clinic. Applications were filed in 1990 (CPA 90 -0003 and CPA 90 -0009) to change the zoning on the property to C -G (General Commercial) and then to C -N (Neighborhood Commercial). The applications were either denied or withdrawn. In 1994, a Site Development Review /Minor Land Partition (SDR 94- 0014 /MLP 94 -0013) was approved to partition the site into three (3) parcels for the construction of a bank, veterinary clinic, and tenant spaces. In July of 1995, the Planning Commission and City Council denied an application for a Comprehensive Plan Amendment and Zone Change (CPA 95- 0002 /ZON 95 -0003) to change parcel 3 of the partition from C -P (Commercial Professional) to C -G (General Commercial). In February of 1996, a Comprehensive Plan Amendment/Zone Change (CPA 95- 0005 /ZON 95 -0007) was approved to change the zone from C -P (Commercial Professional) to C -N (Neighborhood Commercial) on parcels 1 and 3. This approval was essentially a zone exchange with a property across SW North Dakota Street. Vicinity Information: The subject site is located at the southwest corner of SW Scholls Ferry Road and SW North Dakota Street. Property to the south is zoned C -P (Professional Commercial), property to the west is zoned R -7 (Residential, 7 units per acre), property to the east is zoned C -P (Professional Commercial). The area is developed with a mix of residential and commercial uses. Site Information and Proposal Description: The 1.32 acre site is developed with a shopping plaza. The site has access to SW North Dakota Street. Starbucks currently has a coffee shop within the plaza. The applicant is requesting Conditional Use approval to allow an "Eating and Drinking Establishment" within the C -N (Neighborhood Commercial) zone. The Community Development Code defines an "Eating and Drinking Establishment" as a place of business primarily engaged in the sale of prepared food and beverages for on- premises consumption. The classification of "Food and Beverage Retail Sales" refers to establishments primarily engaged in the retail sale of food and beverages for home consumption. Section 18.60.030 and 18.60.040 classifies "Food and Beverage Retail Sales" as a permitted use, and "Eating and Drinking Establishments" as a Conditional Use in the C -N zone. The applicant is requesting Conditional Use approval to allow for the on -site consumption of STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 2 • • food and beverages. An approval would allow approximately 200 square feet of seating area within the existing store. The applicant is also requesting approval to open the store at 5:50 a.m. and to extend the evening hours of operation to 11:00 p.m. on Friday and Saturday evenings. Section 18.60.045 (Special Limitations on Uses) states that uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the Conditional Use provisions. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to add approximately 200 square feet of seating area within the existing coffee shop. This use is classified in Code Section 18.42 (Use Classifications) as an Eating and Drinking Establishment. Code Section 18.50.040 states that an Eating and Drinking Establishment is a Conditional Use in the C -N zone. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use. The property has been developed through a previous Site Development Review approval (SDR 94- 0014). The request for seating area within the existing store would not affect the existing developed nature of the site. The site provides adequate area for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The proposed seating area will not affect the developed nature of the site. The request will not affect the functioning of the site. All required public facilities have adequate capacity to serve the proposal. Public facilities have been provided with the development of the site under the previous Site Development Review. The applicable requirements of the zoning district are met except as modified by this chapter. As discussed below, the request for seating will not affect the site's capability of meeting C -N zoning requirements. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Site Development Review standards have been satisfied through the previous Site Development Review approval. The subject request to allow seating area does not affect the development's compliance with Site Development Review approval criteria. The applicant will have to apply for and receive a sign permit for any proposed signage. This signage will have to comply with the applicable requirements of Chapter 18.114. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 3 • • The applicant provided a traffic report for the 1994 Site Development Review and certain improvements were constructed with that approval. A traffic report was submitted with the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005 /ZON 95 -0007) approval. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning. The number of trips generated under the proposed C -N zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Chapter 18.120.070 (Major Modification to Approved Plans or Existing Development) states that where an increase in vehicular traffic to and from the site exceeds 20 vehicles per day, an applicant shall submit a new Site Development Review application. A new application would gives the City an opportunity examine any potential impacts caused by the change and the ability to require improvements if necessary. The zone change approval examined the potential impacts on the transportation system and findings were made that it would not be adversely impacted. Since the City has reviewed and accepted the 1995 traffic report, it becomes the report from which traffic generators and impacts are measured against. Starbucks has submitted an updated traffic report which shows that the current mix of tenants generates less trips than projected under the 1995 traffic report Since the number of trips is less and Site Development Review standards are part of each Conditional Use, the Conditional Use application is complete. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as discussed below. Eating and Drinking Establishments: Section 18.130.150(C)(24) states that an eating and drinking establishment must meet the following additional dimensional requirements: Applicable Zone: Neighborhood Commercial. The subject property is zoned C -N (Neighborhood Commercial). The subject request does not affect the site's ability to satisfy the C -N zoning requirements. The 1,265 square foot Starbucks tenant space is less than the 4,000 square foot maximum permitted in the C -N zone. Minimum Lot Size: See applicable zone. The subject request does not affect the site's ability to satisfy the minimum 5,000 square foot, minimum lot size. The site contains approximately 1.32 acres. Minimum Setbacks: See applicable zone. The subject request does not involve a modification of the building which would affect the setbacks applicable to the property. It should be noted that the building in which Starbucks is located does not conform to the 20 -foot, corner lot setback requirement of the C -N zone. The site was developed under the C -P zone which does not require a comer lot setback. Since the site was developed in accordance with the applicable development standards prior to the zone change, it is considered non - conforming. The non - conformity is unrelated to the subject request for Conditional Use. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 4 • ^ • • Height Limitations: See applicable zone. The subject request does not involve a modification of the building which would increase the height of the building. The building height approved under the previous Site Development Review was 24 feet, well below the 35 -foot height requirement in the C -N zone. Off - Street Parking and Loading Requirements: See Chapter 18.106. Section 18.106.020.1 states that where several uses occupy a single structure or parcel of land or a combination of uses are included in one business, the total off - street parking spaces is the sum of the requirements of the several uses, computed separately unless the peak hours of use do not overlap. The site is currently developed with a 3,840 square foot (s.f.) bank; 3,575 s.f. veterinary clinic; 2,805 s.f. Boston Market restaurant; 825 s.f. Great Clips barber shop; 1,210 s.f. dry cleaners; 1,265 s.f. Starbucks Coffee; and a 2,145 s.f. vacant tenant space. Section 18.42.020.0 (Use Classifications) classifies these uses as Financial; Insurance and Real Estate Services; Animals Sales and Services: Veterinary Small Animals; Eating and Drinking Establishment; Convenience Sales; and Personal Services. Section 18.106.030.C.17 requires a minimum of one (1) parking space per 350 square feet of gross floor area for Financial, Insurance, and Real Estate Services. Section 18.106.030.C.6 requires a minimum of one (1) parking space per 300 square feet of gross floor area for a Veterinary clinic. Section 18.106.030.C.15 requires a minimum of one (1) parking space per 50 square feet of dining area plus one (1) space for every two (2) employees for Eating and Drinking Establishments. Section 18.106.030.C.14 requires a minimum of one (1) parking space per 400 square feet of gross floor area, but not Tess than four (4) per establishment for Convenience Sales and Personal Services. The required parking spaces for these uses are as follows: bank (11); veterinary clinic (12); dry cleaner (4); barber shop (4); Boston Market (21); and Starbucks (6). The total number of required spaces for these tenants is, therefore, 58 spaces. The site plan shows the provision of 62 spaces. The site has adequate parking to serve the needs of the current tenants. It should be noted that there remains 2,145 square feet of vacant tenant space. It appears the site does not have adequate parking to serve the remaining tenant space. As stated above, the total off - street parking spaces is the sum of the requirements of the various uses, computed separately unless the peak hours of use do not overlap. The applicant may have to provide a traffic study which demonstrates that there are overlapping peak hours. If peak hours do overlap, the number of parking spaces required for those users would not have to be provided simultaneously with the remaining required spaces. The apparent shortage applies only to the remaining tenant space and does not apply to the current application. Special Limitations on Uses in the C -N Zone: Section 18.60.045 states that the special limitations in the C -N zone are as follows: The use shall be conducted wholly within an enclosed structure; except as allowed in subsection 3 of this section. The proposed seating will be contained within an enclosed structure. No use shall have a gross floor area greater than 4,000 square feet. Starbucks occupies only 1,265 square feet, well under the maximum 4,000 square feet. STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 5 • • Accessory open air sales /display /storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment. The applicant is not proposing accessory open air sales /display or storage. Uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, Chapter 18.130. The applicant is requesting, through this Conditional Use application review, that Starbucks be allowed to open at 5:50 a.m. and remain open until 11:00 p.m. on Friday and Saturday evenings. The City has not received any objection to the extended hours. If neighborhood testimony reflects concern, the standard hours should not be changed. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on September 10, 1996, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Water Quality: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Policy 4.2.1 is satisfied as the applicant constructed an on -site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied as compliance with utility provision were demonstrated with the construction of the site under the previous Site Development Review. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate fire protection is available to serve each new development Tualatin Valley Fire and Rescue was provided with a copy of the previous development plan in compliance with Policy 7.6.1. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied as the applicant provided a traffic report for the previous Site Development Review and certain improvements were constructed with the approval. This policy was further satisfied through the Comprehensive Plan Amendment and Zone Change (CPA 95- 0005/ZON 95 -0007) approval in February of 1996. A traffic report was submitted with this application. The analysis showed that the transportation system would not be adversely affected. The analysis was based upon C -G (General Commercial) uses. It was determined that the uses allowed under the C -N zoning would not generate as much traffic as those allowed under C -G zoning, therefore, findings were made STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 6 • • that satisfied this criteria. The number of trips generated under this zoning was greater than the number of trips projected to be generated under the 1994 Site Development Review. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development shall abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development; 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. This policy is satisfied as the development abuts a dedicated street, there is adequate right - of -way as determined in the previous Site Development Review, and necessary improvements were constructed with the previous Site Development Review. November 15. 1996 PREPARED BY: William D'Andrea DATE Associate Planner, AICP C7 November 15. 1996 APPROVED BY: Richard Bewersdo , DATE Planning Manage is \cu rp I n \wi l l\cu p 96 -07. d ec STAFF REPORT TO THE HEARINGS OFFICER CUP 96 -0007 - STARBUCKS COFFEE PAGE 7 . • • . —___ ii 1. 'i i ... _ ..... ..._..... .0., ,,_.._:...,........ as ,„„.. _...._ ____... ............••-- --- , , 7 , ----- - -• -. ; 0 .;-'...-- .-.. 6". 0 _ ... \ . . : ; • .. • . .......-- --. -- -- '. . • l ' ' ,. . i l i • 1464".. • . 1 1 ! ... _....... -- \ .! CI ! 1 • I . i : , „ . , Z -.. • • • i ifo z , \ i Z < — /.— f • r 1 •- r..-. *- - k Viri . • • —J , , r;•.. 13 --ocE. ---.--! %. 1 CL • • . . i , z ' CI . 1 • i ! ., ' \-' i ' CC RESIDENCES • 1 I I III 1 1 1 1 1 11171 I I L r i . 472 ,_. (..9 ..... ' • 7 . P -4 ' I I .4 .':.::,, • ! cl) ..... I VETERINARIAN STARBUCK , i ; 0 • '`AtO i rrir . I . O. ; • . I I n. ... t I - ° row 4 • 0 I 1 . 1 • MIMI i I *Jr O. (Ito h j I Ji• 111•••011 ---- --___ _, I I DAYCARE FACILITY r , ii PROPOSED TENANT REQUESTS TO LOCATE IN EXISTING DEVELOPMENT 11 1 SITE PLAN 1 CASE NO. • EXHIBIT MAP s 1 CUP 96-0007 STARBUCKS COFFEE 1 ! „cLI §___L I I ! ! I f) .< • ( 1 I 1 h.,. ) 1 w a -r� w il i / ) iily ! 1 .. irdIW, . ` t_b -1_, . i . 61. W�,, 1 1 � ��/ 1 ,• AY _±_i /t c� i IIh � T� � ■ osiou il'! S UBJECT 0 1 1 1 7 « - -_ EL •- Fla ..;, - c �� ca INT . �N � � b I m0 ; 0 co I ,..�,;�i .e0 0) ` T R ST f 1 m I I I • �• ,‘ 11--__.2 I I l I l i 1 I III o __]--- • 0/ • SW ANT i f 1 I!IIIII ► !I ON 1 H ;..,_' 04 1 1 = o H U �' 1 I '�� DAKOTA - � (IIIllllllll Vicinity Map A CUP 96 - 0007 - - - - - -- - - -- -- - - - - -- - -- N..IM ,bte tram STARBUCKS COFFEE N III • • • • • • C = : COMMUNITY NEWSPAPERS INC. Legal 1 ' ( ,•i jcal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 8 6 7 8 BEAVERTON, OREGON 97075 • .:11't OF ' iG Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. Tigard, Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable • 7 ` t r ') `,,•• w - : ' -4, in are ^ -.# : •::. 77',.:::` _.7 - —. :..,. Te following d d by therl`Igatd Hearings Officer'on Mon- day; November 25,1996; at 7 P.M., atjigard Civic Center -Town Hall; 13125 S.W: Hall•Bonfevard, Tigard,•Oregon. Both public,' oral and written - testimony is invited..The public hearing on this matter will be conducted in accordance rule's of Chapter 18.32 of the,Tigard Municipal AFFIDAVIT OF PUBLICATION les and pfocedures of the HearingsPfficei Fatlure'to raise'an TATE TATS OF OREGON, ' issue.igpersoa�or'by letter accompanied by statements or evidence suff -' OF OF WASHINGTON, )ss cient to allow the hearings authority and all parties to respond precludes • an appeal; and failure to specify the criterion from the Community Kathy SnyriPr Development Code or Comprehensive Plan at which a comment is Ling first duly sworn, depose and say that I am the Advertising directed'precludes an appeal based on that criterion. Further information rector, or his principal clerk, of and say a r I am -Pus. h 1 Advertising i n T' ' may be obtained•from.the'Plan iirfeDivision= 113125 S.W. Hall • newspaper of general circulation as d efined in ORS 193.010 me Boulevard, Tigaid, Omen 97223,'oi by calling ( . .: ;d 193.020; published arr3 ...-- _ - .... • .. ......_ .� ..•!. _ s d county shed at Ti g in the P >. T :' .-, t ,, _ _• .t , ..:,_, o re a 96-0 O ty and state; that the . PUBLIC HEARING f i , t:f. -,.w' : x ,, - ., ,. } , , • 07 Starbucks Coffee �� ' ` a' y - ' ''= CONDTIONAL USE PERMIT (CUP) 96 - 0007 printed copy of which is hereto annexed, was published in the "� - y = > STARBUCKS COFFEE < - ' ' ' ' • • P P successive and 'A request for Conditional '" ' ru ; ``; •: .- a er for ONE u a� k..r.;:" . ' •• ,1-• - ' nsecutive in the following Use app oval to 'all a�Starbucks Coffe tire issue of said news shop • g issues: classified as an "Eating and Drinking" establishment in the C -N (Neigh - o vembe r 14 , 19 9 6 borhood Commercial) zone. An approval would allow approximately 200, square'feet of seating area within an existing store. LOCATION:.'12700 S.W. North Dakota Street; WCTM 1S133AD. Tax Lot 16200. Southwest 'corner of the of S.W. Scilolls Ferry Road and S.W. North K allo Dakota Street :'ZONE: C -N (Neighborhood Commercial). The C -N zone 4 1.4.66 / ..0„.. wspublic-supporifacilities,profegional and administrative services, financial, insurance, real estate services; medical and dental services, food and beverage retail sales; among others. APPLICABLE REVIEW! bseribed and sworn t afore me thisl 4th clay of Novembi CRITERIA: Community Development Code Chapters'I8.60,'18.120, 18.130, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, C,�n. �� 1 73.1, 7.4.4, 7.6.1, 8.1.1, and 8.1:3. 1 Nola ublic for Oregon ' -. —•—•-- -- —• — - — — 7 Commission Expires: _ - `T • _ � __ • - rr • �'� ' , ��. ; ,— •-H lam•- 17n►`±µ ! \: ^ 1. 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':2.1.14 :ll. 7� Itii .....4 it. - Z .» ,,.. , / , v ^ 7 �_-!• i s ' +� . --,-- , ' . / . .. 9 � j^ "<;1; f ' ili �J� _ ��• j't�l- c. \t� i- BL[ . :' /' L.' , = • ~ 11 1 •. 1: may'\ , Q(�\ T ; • , • • al � 4.1',i(A .,r z;,4,4-b,' -4. :,- . c •tdi,� W r,,j . lel - '_ \� ..ati:_! i:t' .41. -t'. tz + ;irlii tiit - -5i . t"• ft , • 1 r ; r , , ;). i TT86'18"` m ` "�' ,: ^'� ` R:; 4r, . 1 ,q,a • ��;:� t Publish N ovemller);4'.7996 . _ ; tiatir:•9i?rrzi'1'• iii! - :.f:•r ri ,1:- -' • • 410110■ , CITY OF TIGARD Sfiapuuj ;1.detter Coinmunity PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, NOVEMBER 25. 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): CONDITIONAL USE PERMIT (CUP) 96 -0007 FILE TITLE: STARBUCKS COFFEE APPLICANT: Pacific Crest Partners OWNER: Starbucks Coffee Co. 911 Oak Street 2203 Airport Way South Hood River, OR 97031 Seattle, WA 98134 REQUEST: > A request for Conditional Use approval to allow a Starbucks Coffee shop, classified as an "Eating and Drinking" establishment in the C -N zone. An approval of the request would allow seating area within the existing store. LOCATION: 12700 SW North Dakota Street; WCTM 1S1 33AD, Tax Lot 16200. Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.60, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. ZONE: C -N (Neighborhood Commercial). The C -N zone allows public support facilities, professional and administrative services, financial, insurance, real estate services, medical and dental services, food and beverage retail sales, among others. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 96 -0007 STARBUCKS COFFEE NOTICE OF 11/25/96 H.O. PUBLIC HEARING • • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER NOVEMBER 5, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (251) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (251) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. • SUBJECT -. - ' / CUP 96-0007 STARBUCKS COFFEE NOTICE OF 11/25196 H.O. PUBLIC HEARING e .,.• • • -,•-■ ' . • . . ' . • '..- : . 1 - • . - . , 1 , • • ... . . . •• • . . . . ... • 1 . 1 . . ■ . . --------------------------- --"------■------------- . ...it \_____________. • ,-- J -------------- F5 %) s o-ko ,----- ..... , I 1 _.. --- . , . 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Z --- __ ) -- 1 42 ---,- — 7 s sr..12•• I fr' n ' :V LULA= LIMES 1 u t..... 1 , ocAo LAMAR( TAITTU TY `..l i i ■ 1 / l'7.40->. ,L-■/A-I. \--?-1"c ii SITE PLAN - ....■••■•■■■•••=11.111.1 r r • -r,QryAt' • PARKING ANALYSIS i AcE C,Y_ Parking requirements, commercial center . on SW . Scholls Ferry and SW North Dakota 1 Tenant Sq. footage # of employees Sq. foota9e, dining Parking ratio Total required 2 Bank _ .... 3840 ..:. ' __ . .N /A . • ` N/A 1/350 11 • 3 Vets 3575 N/A N/A 1/300 12 4 D ry. cleaning 1210 N/A N/A 1/500 / L{ • 5 Great pips 825 N/A N/A 1 /400 ,f 4, • 6 Boston Market 2970 10 800 1:2 emps +1/50 21 7 Starbucks 1265 • 4 200 1:2 emps +1/50 6 8 Vacant 2145 N/A N/A 1 /400 6 9 , TOTAL 15830 61 • ejm/ starbucks /CUPapp/parking/September 12. 1996 . . . • " - < . :_': ' e ..„ .. ' _ '" r --. . • — _ — _ r— k# . �.i • . . __;..._...... . . - __------ 4 -'. il - - - 1 I - I- I I- : 7 1 . .. i „.--- .: - -- .. . . '--- — - — ----- -I - —1 -- '' 1 II. ' - - ''' :. ' .\ ....\ -.. 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