Loading...
CUP1995-00002 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY HEARINGS OFFICER Concerning Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0002 Name of Owner: Thelma Humphries Tax Map and Lot No(s).: 2S1 02AD, tax lot 1203 Name of Applicant: Thelma Humphries/Magno-Humphries, Inc. Address of Applicant: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Address of Property: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Request ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. Zone: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Action P. ❑ 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) :THE DECISION` SHALL: BE FINAL .ON' Y>:3.1 1995: UNLESS AN :APREAL IS FILED Final Decision: 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 $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE: FOR FILING OF AN APPEAL IS 3:30: P;M ON `MAY: 3.1:;.1.995 Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CPA 95-0002 MAGNO•HUMPHRIES, INC. NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application f o r a conditional use permit ) FINAL O R D E R for a warehouse in the CDB zone ) for property at 8800 SW Commercial Street ) CUP 95-0002 in the City of Tigard, Oregon ) (Magno-Humphries) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to build a warehouse for use in conjunction with existing food and vitamin production facilities at the intersection of Hall Boulevard and Commercial Street. The site now contains a roughly 20,000-square foot building used for the business. A roughly 4000-square foot addition was approved in CUP 94-0005. The applicant now proposes to develop an additional 14,335-square foot building and associated parking and landscape improvements for the business. A warehouse is a conditional use in the Central Business District ("CBD") in which the property is situated A public hearing was held April 24, 1995 to review the application. City staff recommended conditional approval. The applicant accepted the recommendation with exceptions. Two other persons appeared in favor of the application. The owner of the apartments across Commercial Street testified with concerns about increased noise from the site. The hearings officer held open the record one week at the applicant's request. The hearings officer approves the conditional use as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Reported dated April 14, 1995 (the "Staff Report"), and the agency comments in Section III of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the City of Tigard Staff Report dated December 6, 1994. IV. HEARING AND RECORD 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on April 24, 1995. The hearings officer held open the record until May 1. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. City planner Will D'Andrea testified for the City. He summarized the Staff Report. 3. Mark Ferris testified for the applicant. He noted the Staff Report incorrectly identified the size of the building as 15,000 square feet. In fact, it will only contain 14,335 square feet. He discussed the proposed number of parking spaces in relation to the size of the building and its allocation to particular tasks. He requested that the hearings officer hold open the record for seven days to allow submission of revised plans showing the allocation of space in the building as it relates to parking requirements and to allow the Page 1 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) applicant to prepare revisions to the proposed findings in the Staff Report. He accepted the conditions of approval recommended by city staff except condition of approval 61, which requires 56 parking spaces. He agreed to a modification of the condition to require such lesser number of spaces as may be required by the City Code based on the final allocation of space. in the building. 4. City engineer Michael Anderson testified that condition of approval 4 should be deleted, because there are no overhead lines abutting the frontage of the site. He testified that the applicant should not be required to do a traffic study as originally requested by ODOT, because ODOT made its request based on a mistaken belief that the site was not developed. But he noted that the applicant will make frontage improvements to Hall Boulevard, and that the applicant should obtain a permit from ODOT for those improvements. A condition to this effect should be added. 5. West One Bank manager Pam Benson and accountant Mike Marr testified in favor of the application. 6. John Bookout, who owns apartments on the north side of Commercial Street, testified with concerns about noise from the new building or parking lot. 7. After the hearing, Mr. D. Andrea submitted a memorandum dated April 27 in which he recounts that the applicant submitted a revised floor plan for the existing and proposed buildings on the site, and staff had concluded that the number of parking spaces to be provided on the site complies with City standards. Therefore he recommended the hearings officer delete condition of approval 6(f) and 6(g) and revise condition 6(i) to allow a maximum of 18 compact spaces. V. EVALUATION OF REQUEST The hearings officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the Staff Report. The hearings officer adopts the April 17 memorandum in place of finding IV.A.7 in the Staff Report regarding parking requirements to the extent they conflict. Conditions of approval should be amended as discussed at the hearing and in the April 17 memorandum. VI. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and surrounding area. He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. VII. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed conditional use permit complies 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 and with conditions of approval warranted to ensure such compliance occurs. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of effect agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-0002, Page 2 Hearings Officer Final Order CUP 95-0002 (Hagno/Humphries) subject to the conditions of approval recommended in Section V of the Staff Report with the following amendments: a. Conditions of approval 4 and-6(6. and 6.(g)iare hereby deleted. b. Condition of approval 6(i)_is_hereby_amended to allow a maximum of 18 compact spaces rather than 22 and to state that 45 total spaces are required. c\ Condition-of.-approval 9 is hereby added to read as follows: ' The applicant shall submit a permit or other written authorization from the Oregon Department of Transportation (or evidence satisfactory to the city engineer that a permit or authorization is not required) before undertaking any construction on Hall Boulevard. DATED this 1 lth day of May, 1995. Larry Eps in, rih City of T'gard e ' gs Officer Page 3 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Thelma Humphries STAFF REPORT to allow the development of a 15,000 square foot CUP 95-_0002 warehouse building on a site with an existing warehouse and food processing use. 1. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0002 SUMMARY: A request for Conditional Use approval to allow the construction of a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street (WCTM 2S1 02AD, Tax Lot 1203). The southwest corner of SW Commercial Street and SW Hall Boulevard APPLICABLE LAW: Community Development Code Chapters 18.66.040, 18.66.050, 18.96.020, 18.100.015, 18.100.030, 18.100.035, 18.100.110, 18.102, 18.106.020(P), 18.106.030(D)(2), 18.106.020(0),18.106.040(A)(1), 18.106.050(N), 18.106.080,18.108.050(A),18.108.080,18.114, 18.116, 18.120, 18.130.040, 18.130.150(C)(26), 18.150, 18.164.030(A) and (E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 5.1, 7.1.2, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel • • II. SITE AND VICINITY INFORMATION A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development Review approval in 1982 which added 1,920 square feet. In July of 1986. the City Council heard a zoning interpretation of the conditional permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use, a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. In December of 1994 Conditional Use Permit (CUP 94-0008) was approved to allow a request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. B. Site Information and Proposal Description: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. The property is developed with a 24,072 square foot industrial building and 95 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. C. Vicinity Information: Property to the north is developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the City of Tigard Water Department facilities. III. AGENCY COMMENTS HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page2 1. The City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. .2. The City of Tigard Water District states that an additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 3. The Oregon Department of Transportation states that ODOT recommends the applicant provide a traffic study to determine the potential impacts to SW Hall Boulevard. 4. GTE states that the developer is to provide conduit to GTE's specifications. 5. The City of Tigard Building Division, City of Tigard Police Department, City of Tigard Maintenance Services, Tualatin Valley Fire and Rescue, Unified Sewerage Agency, Portland General Electric, have reviewed the proposal and have offered no comments or objections. IV. EVALUATION OF REQUEST A. Community Development Code: 1. Chapter 18.66.040 lists Wholesale, Storage and Distribution as a Conditional Use in the CBD zone. Chapter 18.66.050 states that there is no minimum lot area and no minimum lot width requirement in the CBD zone. There are no setback requirements except 30 feet where a commercial use within the district abuts a residential zoning district. This property does not abut a residential zone, therefore there are no applicable zone setbacks. The applicant proposes to build a structure of 30 feet in height, well under the maximum 80 feet. The minimum landscape requirement is 15 percent. The applicant is providing 'approximately 12,937 square feet (16.5%) of landscaping, thereby satisfying this criteria. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page' ) 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide adequate area for the needs of the proposed use; 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. , 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. This proposal is consistent with the applicable approval standards. The site will provide adequate area for the construction of the proposed warehouse. Site characteristics are suitable for the proposed warehouse as there are no significant trees, water courses, wetlands or other natural features on the site. Adequate public facilities are available to serve this proposal. Compliance with the applicable zoning district requirements, site development review and Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the analysis presented within this report and review process. 3. Section 18.130.150(C)(26) contains the following additional Conditional Use criteria for Wholesale, Storage and Distribution: a) The lot area and dimensional requirements of the underlying zoning district shall apply; and b) Additional requirements shall apply as required by the underlying zoning district. Dimensional requirements are satisfied as discussed above. Compliance with additional code requirements shall be satisfied as presented within this report and review process. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page4 4. Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands),. 18.80 (Planned Development), 18.92 (Density Computations), 18.94 (Manufactured/ Mobile Home Regulations), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under section 18.120.180.A.1. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The overall site is currently developed and does not contain natural drainage or existing trees in need of preservation. Bufferiniz, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as the proposal does not abut a different use as outlined in the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of. such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. A revised plan shall be submitted which shows how the mechanical devices on the roof shall be screened, year round, from adjoining properties and the public street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pages Crime Prevention and Safety: Section 18.1207108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan for the perimeter of the building and parking lot shall be submitted for review and approval. 5. Section 18.100 contains standards for landscaping and screening. a. Section 18.100.015 requires that the applicant submit a landscaping plan, and that the approval standards are the applicable standards contained in Section 18.100 and which are listed below: b. Section 18.100.030 (Street Trees) states that all development projects fronting on a public, private street, or a private driveway more than 100 feet in legth shall be required to plant street trees in accordance with the standards in Section 18.100.035. Section 18.100.035(A) requires that landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in subsection 18.100.035(B). Section 18.100.035(B) requires that, street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium, or large). The preliminary plan indicates the provision of 7 red maple trees spaces approximately 27 feet apart along the frontage of SW Commercial Street, thereby satisfying this requirement. The plan also indicates that the trees shall be planted with a caliper of 1.5 inch whereas the code requires a minimum 2 inch caliper. A revised plan shall be submitted which provides for minimum 2 inch caliper street trees. C. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Section 18.100.110(A) (Screening of Parking and Loading Areas) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas-from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page6 effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. In an effort to meet the basic requirement of providing the required canopy effect, the site plan shall be revised to provide an additional (2) parking lot tree and shall be located in the area adjacent to SW Commercial Street. Section 18.100.110(B) and (D) (Screening of Refuse Contianers and Service Facilities) requires that such facilities be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. A revised site plan shall be submitted which indicates how the garbage enclosure is to be screened. 6. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A revised landscape plan shall be submitted which indicates the landscape material in front of the existing building. Compliance with vision clearance criteria shall be satisfied upon review of the revised landscape plan. 7. Section 18.106 (Off-Street Parking and Loading) contains standards for parking and loading. a.. Section 18.106.030(D)(2) (Parking) requires that one parking space be provided for each 1,000 square feet of gross floor area within warehouse (plus 1 space per 200 square feet of office area). The proposed building requires 14 spaces based on approximately 14,300 square feet of warehouse and an additional 3 spaces based on approximately 700 square feet of office, for a total of 17 required parking spaces.' Conditional Use (CUP 94-0008) required 39 spaces for the existing building and addition. The site therefore requires a total of HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 56 parking spaces to accomodate both the existing and proposed uses. The site plan shows the provision of 49 parking spaces. A revised site plan shall be provided which provides the required 56 parking spaces. b. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires 4 disabled parking space if 51 to 75 parking spaces are provided. A revised site plan shall be. submitted which provides for an additional handicapped parking space. C. Section 18.106.050(N) requires that artificial lighting on all off-street parking facilities shall be designed to deflect all light so as not to create a hazard to the public use of any road or street. The applicant shall submitt a lighting plan in compliance with this standard. d. Section 18.106.020(0) (Bicycle Parking) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. This proposed building requires 17 parking spaces, therefore one (1) bicycle parking space shall be provided for this building. A revised site plan shall be submitted which shows the provision of one (1) bicycle parking space. e. Section 18.106.040(A)(1) (Compact Car Spaces) allows up to 40% of the required parking spaces to be compact. The code allows 22 of the required 56 parking spaces to be compact spaces. The revised plan shall provide for no more than 22 compact spaces. f. Section 18.106.080 (Off-street loading) requires that every industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. The plan shows the provision of two loading spaces, thereby satisfying this criteria. 8. Section 18.108.080 (Access and Circulation - Minimum Requirements) requires that commercial or industrial uses which provide fewer than 100 parking spaces to provide one access with a 30 foot access width. In addition, section 18.120.180 WO 1)(b) requires that circulation patterns within a development be designed to accomodate emergency vehicles. The plan shows a 40 foot driveway width, thereby satisfying this requirement. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page8 9. Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress. Walkways shall provide convenient connections between buildings. Unless impractical, walkways shall be constructed between a new development and neighboring developments. The site plan does not provide for a walkway from the street to the entrance of the building. A revised site plan shall be submitted which provides for a direct connection from the building entrance to SW Commmercial Street. The plan shows the parking lot grade to be 166 with the sidewalk grade of 170. The street grade of SW Commercial Street is to be lowered with the street improvement. This will reduce the grade differential and allow for a more convenient walkway connection. The revised plan should incorporate the walkway with one of the required parking lot tree islands. 10. Section 18.114.130 (C) (Signs) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 11. Section 18.116 (Mixed Solid Waste and Recyclable Storage) requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. This requirement will be satisfied as a tree removal permit will be required for the removal of trees with trunk diameters of six inches or more in diameter. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page9 • b. Section 18.164.0300 requires a minor collector street to have a minimum 60 foot right-of-way and a 40 foot minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. PUBLIC FACILITY CONCERNS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re-constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re- constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 10 Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad'track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. B. Applicable Comprehensive Plan Policies. 1. 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 the applicant was required to hold a neighborhood meeting with nearby property owners, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a land use development application is pending for this property. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 11 standards. Policy 4.2.1 is satisfied as the applicant is providing an underground storm drainage system even though there is no net change in the amount of impervious surface. 3. Policy 7.1.2 provides 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 utilities placed underground. This policy is satisfied as addressed below. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. This policy is satisfied as addressed below. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. The conditional use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Public facility services are adequate to serve this proposal or shall be conditioned to be provided. 6. Policy 7.5.2 provides that as a part of the ongoing development review, the City shall require the Tigard Police Department to review development applications. The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. The Police Department has not provided any objections to the provision of service in this area to this development as it has been designed. 7. Policy 7.6.1 . provides that the City shall require as a precondition to development that: A) The development be served by a water system having adequate water pressure for fire protection purposed; B) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and C) The applicable fire district review all applications. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. The Fire Department has not provided any objections to the provision of service in this area to this development. 8. Policy 8.1.1 provides 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 addressed below. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 12 9. Policy 8.1.3 provides the City will require as a precondition of approval that: A) Development abut a dedicated street or have other adequate access; B) Street right-of-way shall be dedicated where the street is substandard in width; C) The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development; D) The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; E) 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 application complies with Policies 8. 1.1 and 8.133 because the public improvements to the public streets adjoining this site will be required to be consistent with the City of Tigard road improvement standards. The street and access plans do not appear to raise any significant safety or capacity concerns. V. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP 95-0002 subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson,Engineering Department(639-4171). HEARINGS OFFICER -CUP 95-0002 - MAGNO HUMPHRIES Page 13 2. Three (3) sets of detailed public improvement plans and- profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. r 4.r~ The~app cant shall underground the existing utilities in SW Comme cia Street or pay the fee in-lieu of undergrounding.,\ r / c J An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 -'13+75) due to proposed road cuts. Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. C. Two (2) additional parking lot trees, to be located within the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 14 e. Landscape material in front of the existing building. NF if ty(56) parking spac g/~Four,handicapped parking spaces: h. One (1) bicycle parking space. ~.l' Maximum of 22 compact spaces based upon 59 required parking spaces. j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground. A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 15 0 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A.. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 16 shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO THE CERTIFICATE OF OCCUPANCY: 9. All site improvements shall be installed as approved per the revised site plan. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by: 4/14/95 William D'Andrea Date Assistant Planner Approved by: 06(LL3-ejz-~ cz.. 4/14195 Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page17 APPLICANT / OWER AREA BREAKoOUN T►ELMA TOTAL U E AREAs % Am. W'~1RIiC0 EX16TM6 EL06m 2000 SP. ss00 sLl C.OrtS C1AL ST. TiaARD. COX S1223 N00P06A N, lA62 6P. r*Onpew yµjgffwola(Ei10U6Ea 16O00 sP_ TOTAL WM COVlRA6Et 83im TOTAL LANDOCAPW- Is•J1► ~V ~p~ TOTAL PAR1N& N! &PACE$ ~ W4NEER WRVE1yOR t 40% COVTACT ALPHA !Nf WERWA !C. • ?i00 691 OAK 0111TH 230 PORTI AND. OR 9C23 ( 9,03 !•162-0005 _ PAX ( 003 ) 452-604! cn;YA uu - ~ Q - ~ r - - _ - - - - - " SW COMMERCIAL STREET d Z - - - - - _ - r-moo ' l~ I M ~ r ~ a, e e a- I a- I a,a a d+a I,- leidld~® 61010 °'""^'~1 •'!1'a~ otyeseel;'eo 60066@ S~ o•• ~ aruanw O ~ ~ 1 0 ~y 11-An I- - - - - - - - - - - - - SOUTHERN PACIFIC RAILROAD 4C 9 LLO r U casE NO. PLAIN MAP CUP 95-0002 MAJOR MODIFICATION EXHIBIT 14AGM- I" S X= S i > I sr j9~ Ul ~ Q 4 V ~Go Cr~~C - `rl z z f~~Q 4d M~. LL CASE NO. VICINITY CUV 95-0002 MAJOR MODIFICATION EXHIBIT MAP ' ~ V G'~ I C I ~i'l.l L~ SESS. un (_zJ MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, City AdministratFROM: Randy Wooley, City Engineer VDATE: February 8, 1995 SUBJECT: Utility Undergrounding Policy On October 18, 1994, the Council discussed the requirements for undergrounding of utilities along the frontage of new development. At that time, there was general agreement that new development should be required to place utilities (including existing overhead utilities) underground. However, there were some questions about whether small developments should be exempted from the requirement or required to pay a fee in lieu of undergrounding. Attached is a copy of the staff report for the October meeting. After considerable discussion, the Council requested staff to provide additional information. Here is our response. Update Since October, additional fees in lieu of undergrounding have been paid. The total fees to date are $86,324.14. Developable property We were asked to provide an inventory of developable property that might qualify for the fees in lieu (small frontage properties). However, we are unable to do this inventory with any accuracy because we cannot predict how existing parcels will be combined for development. For example, much of the Tigard Triangle currently is made up of many small parcels. Under the existing zoning, each parcel could be developed as a small office. However, it is likely that many of the parcels will be combined into larger office sites. So, we took a different approach. We reviewed the existing development proposals to see what the potential additional fees in lieu are if all of the currently-approved developments proceed to construction. Using this basis for an estimate, it appears that the total fees collected might increase to around $150,000 by the end of 1995, with the totals in the individual districts ranging from around $10,000 to $50,000. If the City were to require all development (both sides of the street) to either underground or pay the fee, we estimate that the new revenues would increase approximately 750. Cost sharinal/PUC regulations The attached memo from City Attorney's office provides information on the PUC regulations rFlated to undergrounding. Basically, if the City requires the utilities to place existing lines underground, the City or the ratepayers of the City must pay the costs. Minimum frontage The current policy on fees in lieu was developed in 1992 following 'discussion with the Council and the utilities. (See attached Policy dated March 11, 1992.) This established minimum frontages for undergrounding projects based on practical and technical limits presented by PGE. ISSUES I believe the questions before the Council are: 1. Should the City continue to require undergrounding of existing overhead utilities along the frontage of each new development? 2. If so, should developments with small frontages be exempted or required to pay the fee in lieu of undergrounding? 3. If the fee is collected, should it be required from all development (both sides of the street) or only from developments with existing overhead lines along their frontage? Based on Council direction, we can work with the City Attorney's office to prepare the appropriate Code revisions for Council consideration. rw/UG-pol AGENDA*EM # y FOR AGENDA OF 10 1 IS IQ y MEMORANDUM CITY OF TIGARD, OREGON TO: Bill Monahan, City Administrator FROM: Randy Wooley, City Engineera7 DATE: October 7, 1994 SUBJECT: Utility Undergrounding Section 18.164.120 of the Community Development Code requires new development to place all utilities underground. This has been interpreted to include existing utilities along the frontage of the development. If a project has only a short frontage on a public street, it is sometimes not practical to place the utilities underground on only the project frontage. Since March of 1992, the City has accepted the payment of fees in lieu of undergrounding for certain projects with short frontage. Currently, the undergrounding requirement applies only to those developments with power and telephone lines on their side of the street. At the meeting of July 19, 1994, the Council discussed whether the fee should be required of all developments. There was a proposal to charge the fee on all developments, with a credit for those that actually complete the undergrounding. The Council also received an alternative request to eliminate the undergrounding requirement except for new streets. After discussion, the Council asked for more information on three questions: 1. How much has been collected to date as fees in lieu of undergrounding? 2. Are the fees generating enough revenue to potentially fund some projects? 3. How much more would be collected if the fees were charged to all development (i.e., to both sides of the street)? How much collected? From March 1992 through September 1994, $71,922.38 has been collected as fees in lieu of undergrounding. For accounting purposes, the City has been divided into six districts to keep track of where the fees are collected. The fees collected by district range from zero in District 5 (the Bull Mountain area) to $43,261.88 in District 3 (the area south of Highway 217 and east of Hall Boulevard). Potential for protects? In most areas, we would probably need about $100,000 to fund a practical undergrounding project. So, the fund balances are not yet sufficient to fund an independent project in any of the accounting districts. There may be other potential uses of the funds in conjunction with development that is required to underground. The funds could be used to extend a developer's undergrounding project or to provide a credit to a development that provided more than its share of undergrounding. At least three of the districts have sufficient funds to explore this option, if desired. If fee collected from all development? If the fees are collected from all development, we estimate that the revenue will be increased by approximately 75%. Questions Additional Council discussion and direction will be required before the appropriate ordinances can be prepared. The questions before the Council are: 1. Should the City continue to require undergrounding of existing overhead utilities along the frontage of each new development? 2. If so, should the City continue to allow the payment of a fee in lieu of undergrounding for developments with short street frontages? 3. Should the City require the fee to be paid by all developments? If the Council decision is to keep the existing undergrounding requirement, then I recommend that the fee be continued and be charged to all development. If this is Council direction, then we will work with the attorneys to prepare the necessary ordinances. rw/ug 1001DONNELL RAMIS CR* CORRIGAN & BACHRACH n ~n ~C _ 11 U O ATTORNEYS AT LAW 1727 N.W. Hoyt Street 1995 Pordand, Oregon 97209 •r TELEPHONE: (503) 222-4402 Ut- TIGARD FAX: (S03) 243-2944 CI DATE: February 10, 1995 TO: Randy Wooley - Public Works Director FROM: Pamela J. Beery - City Attorney's Office RE: Undergrounding of Utilities OUESTION• If a city requires a utility to underground its facilities, who pays for such a conversion? SHORT ANSWER', There are a number of options available: 1) The city directs the utility to convert to underground at the utility's expense and the cost of conversion will be passed on to the utility's customers within the city or a part of the city. 2) The city forms an assessment district by ordinance and charges the cost of undergrounding to property owners benefitted by the conversion. 3) The city pays for all or part of the conversion. DISCUSSION: It is our understanding that the city is interested in the various options available for funding the expense of converting existing aboveground electric and communication facilities to underground facilities. This is a different issue than requiring the utilities to relocate due to a public works project. If that were the case, the utility would be forced to relocate at its own expense under both common law and the terms of the franchise. See Northwest Natural Gas Co. v. City of Portland, 300 Or 291, 711 P2d 119 (1985). However, undergrounding is a different issue. Most of the utilities' current franchises and the Tigard Community Development Code (§18.164.120) require that all wires and equipment must be placed underground. Thus, it appears that all new wires and O-DONNELL 'RAMIS CREW CORRIGAN & BACHRACH Memo re: Undergrounding of Utilities February 10, 1995 Page 2 equipment must be placed underground. The city is then confronted with the undergrounding of existing wires and equipment not covered by the franchises or code. We believe the following options are available to the city: Option 1 OAR 860-22-046 controls "forced" conversion of electric and communication facilities. In general, the rule says that when a local government requires a utility company to convert its system from overhead to underground at the utility's expense, "the utility company shall collect conversion costs from customers located within the boundaries of the local government." The local government has the option of directing the utility to collect from only a portion of its customers within the local government's boundaries. Option 2 ORS 758.210 to 758.270 provides a process for conversion of existing overhead electric and communication facilities to underground facilities by means of an underground assessment district. The process is very similar to establishing a local improvement district and the city may assess all or part of the cost of conversion against the real property benefitted by the conversion. Option 3 The city may pay for all or part of the conversion through the use of general funds, a serial levy, a development fee such as a fee in lieu of undergrounding, or possibly through the issuance of general obligation bonds. The use of franchise fees or a privilege tax may also be a possibility depending upon what is already imposed upon the utilities. If you have any questions or if you would like us to do further research on any or all of these options, please let me know. cc: Bill Monahan, City Administrator POLICY ON UNDERGROUNDING OF UTILITIES March 11, 1992 1. Section 18.164.120 of the Community Development Code applies to all developments and is considered to be a part of the street improvements required under 18.164.030. All new utilities must be placed underground except as provided in 18.164.120. Along the frontage of each development, all existing overhead utilities must be placed underground except as provided in 18.164.120. 2. All service lines to new structures shall be placed underground. Service lines are those lines which run across private property to connect individual properties to the utility system. 3. 'The City Engineer may accept a fee in lieu of conversion of existing overhead utilities to underground installation if: a) the frontage of the development includes an existing overhead electrical primary main line and the total frontage of the development is less than 1500 feet; or (b) the frontage of the development includes an existing overhead electrical primary tap line and the total frontage of the development is less than 500 feet. Primary main line means a large capacity substation protected conductor as defined by the electrical utility. Primary tap line means a low to medium capacity line protected conductor as defined by the electrical utility. Where a fee is collected in lieu of conversion, the fee shall be calculated at the rate of $27.50 per foot of frontage of the development, measured along the right-of-way line abutting the development. The fee shall be used by the City to fund the conversion of overhead utilities to underground utilities. Each qualifying applicant shall be given the choice of converting the existing overhead utilities to underground or paying the fee in lieu of conversion. ADOPTED AS POLICY INTERPRETATION ON. MARCH 11, 1992: City Engineer rw/ug-fee Y POLICY ON UNDERGROUNDING OF UTILITIES March 11, 1992 1. Section 18.164.120 of the Community Development Code applies to all developments and is considered to be a part of the street improvements required under 18.164.030. All new utilities must be placed underground except as provided in 18.164.120. Along the frontage of each development, all existing overhead utilities must be placed underground except as provided in 18.164.120. 2. All service lines to new structures, shall be placed underground. Service lines are those lines which run across private property to connect individual properties to the utility system. 3. 'The City Engineer may accept a fee in lieu of conversion of existing overhead utilities to underground installation if: a) the frontage of the development includes an existing overhead electrical primary main line and the total frontage of the development is less than 1500 feet; or (b) the frontage of the development includes an existing overhead electrical primary tap line and the total frontage of the development is less than 500 feet. Primary main line means a large capacity substation protected conductor as defined by the electrical utility. Primary tap line means a.low to medium capacity line protected conductor as defined by the electrical utility. Where a fee is collected in lieu of conversion, the fee shall be calculated at the rate of $27.50 per foot of frontage of the development, measured along the right-of-way line abutting the development. The fee shall be used by the City to fund the. conversion of overhead utilities to underground utilities. Each qualifying applicant shall be given the choice of converting the existing overhead utilities to underground or paying the fee in lieu of conversion. ADOPTED AS POLICY INTERPRETATION ON MARCH 11, 1992: By: City Engineer rw/ug-fee ddn~ AN June 16, 1999 CITY OF TIGARD Thelma Humphries OREGON Magno-Humphries, Inc. 8800 SW Commercial Street _ Tigard, OR 97223 Dear Ms. Humphries: It has come to my attention that the City of Tigard has been mistakenly attempting to have your firm pay an undergrounding fee for overhead utility lines on SW Commercial Street. This was in connection with the City's approval of a 15,000 square foot- warehouse building on the 8800 SW Commercial Street site. Our present engineering staff did not know that the Hearings Officer deleted the condition of approval requiring payment of an in-lieu fee. At his April 24, 1995 hearing, the City Engineer involved with the project at that time testified that the condition should be removed because no overhead lines abutted the frontage of the site. While that recommendation did not follow the City's code, the Hearings Officer deleted the condition. We will follow the Hearing's Officer decision. You will not be responsible for paying the in-lieu fee relating to the construction as the result of Conditional Use Permit (CUP) 95-0002. Please. be aware, however, that future additional construction on the site.could trigger the undergrounding utilities or fee in-lieu requirement. Our records will be corrected to indicate the proper condition. We sincerely apologize for the mistake and any inconvenience caused you. Sincerel , i Richard Bewersdorff Planning Manager is\curpln\dick\letters\humphries undergrounding utilities cladfication.doc c: Mayor Jim Nicoli Bill Monahan Brian Rager CUP 95-0002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 6/16/99 - Conditions Iwociated with Case CUP00002 11:30:57 AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0001 STANDARD 1/2 STREET IMPROVEMENTS Met 8/21/97 6/16/99 PLL CONDITION #1: Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavements, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171). 0001 3 SETS OF DETAILED PIP + PROFILE Met 9/29/95 6/16/99 PLL CONDITION #2: Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all preparted by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 0001 EXECUTE A PIP W/CITY + OBTN PERMT Met 9/29/95 6/16/99 PLL CONDITION #3: The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 0001 REVISED SITE + LANDSCAPE PLANS Not Met 7/14/95 6/16/99 PLL CONDITION #6: Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. c. Two (2) additional parking lot trees, to be located within. the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. e. Landscape material in front of the existing building. f. DELETED BY THE HEARINGS OFFICER! g. DELETED BY THE HEARINGS OFFICER! h. One (1) bicycle parking space. L Maximum of 18 compact spaces based upon 45 parking spaces. j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. 0001 TREE REMOVAL PERMIT REQUIRED Not Met 6/16/99 PLL CONDITION #7: A Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground is required. 0001 REQUIRE ADDL. FIRE HYDRANT Not Met 6/16/99 PLL CONDITION #5: An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 0001 SHOW COMPL. W/CDC CPT. 18.116. Not Met 6/16/99 PLL CONDITION #8: A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. 0001 UNDERGROUND UTILITIES 0 Met 5/11/95 PLL 6/16/99 PLL CONDITION #4: THE HEARINGS OFFICER DELETED THIS CONDITION OF APPROVAL BASED ON TESTIMONY BY CITY ENGINEER MICHAEL ANDERSON, THAT THERE ARE NO OVERHEAD LINES ABUTTING THE FRONTAGE OF THE SITE! 0001 SUBMIT ODOT AUTHORIZATION 0 Not Met 6/16/99 PLL CONDITION #9 (Added by the Hearings Officer): The applicant shall submit a permit or other written authorization from the Oregon Department of Transportation (or evidence satisfactory to the City Engineer that a permit or authorization is not required) before undertaking any construction on SW Hall Boulevard. Page 1 of 1 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 15, 1999 TO: Jim Hendryx, Community Development Director FROM: Brian Rager, Development Review Engineer RE: CUP 95-0002, Magno-Humphries, Inc. After researching the Planning file, I found the Final Order for this land use approval. The Final Order is dated May 31, 1995, and is attached for your information. In reading the Hearing's Officer report, I discovered something very significant that will essentially let Magno-Humphries off the hook with respect to the undergrounding requirement. The original staff report to the Hearing's Officer included a Condition #4, which would require the applicant to either underground the overhead lines on Commercial Street, or pay the fee in-lieu. Please note on Page 2, Item IVA of the Hearing's Officer report, that Michael Anderson testified in the hearing that there were no overhead lines abutting the frontage of the site. The Hearing's Officer deleted Condition #4. There are a few interesting things to note: 1. The Tidemark record for CUP 95-0002 shows the original Condition #4, which explains why we have been chasing Magno-Humphries on this issue. 2. There ARE overhead utility lines on Commercial Street. They happen to be on the north side of the roadway, but that would have still obligated them to address the issue (which was required under old code 18.164.120). I am not sure why Anderson made that statement, unless he was unclear as to the interpretation of 18.164.120. Also attached for your, or the Mayor's, information, are copies of the 1992 policy signed by Randy Wooley, and a 1995 report from Randy to Bill regarding this issue. Based on the old policy and code language, I do not see any reason why Condition #4 should not have stood. So what do we do now? I would say the Final Order dictates that Condition #4 goes away and Magno-Humphries is off the hook for the fee in-lieu of undergrounding. I would suggest that someone update the Tidemark case so that the revised conditions are reflected properly. Let me know if you need anything else. I:\eng\bdanr\correspondence\magno-jimh•06151999.bdr.doc PAGE I CITY OF TIGARD Washington County, Oregon F NOTICE OF FINAL ORDER a BY HEARINGS OFFICER Concerning Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0002 Name of Owner: Thelma Humphries Tax Map and Lot No(s).: 2S1 02AD, tax lot 1203 Name of Applicant: Thelma Humphries/Magno-Humphries, Inc. Address of Applicant: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Address of Property: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Request ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. Zone: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 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) :THE DECISION SHALL BE FINAL CON MAY 31 1995 UNL'€SS:AN APPEAL IS EILE'D . Final Decision: 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 $315.00 plus transcript costs, not in excess of $500.00. Fm THE DEADLINE FOR TILING OF AN APPEAL IS 3:30 P M ON MAY 31, 1995 Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CPA 95-0002 MAGNO-HUMPHRIES, INC. NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAIN ND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a conditional use permit ) FINAL O R D E R for a warehouse in the CDB zone ) for property at 8800 SW Commercial Street ) CUP 95-0002 in the City of Tigard, Oregon ) (Magno-Humphries) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to build a warehouse for use in conjunction with existing food and vitamin production facilities at the intersection of Hall Boulevard and Commercial Street. The site now contains a roughly 20,000-square foot building used for the business. A roughly 4000-square foot addition was approved in CUP 94-0005. The applicant now proposes to develop an additional 14,335-square foot building and associated parking and landscape improvements for the business. A warehouse is a conditional use in the Central Business District ("CBD") in which the property is situated. A public hearing was held April 24, 1995 to review the application. City staff recommended conditional approval. The applicant accepted the recommendation with exceptions. Two other persons appeared in favor of the application. The owner of the apartments across Commercial Street testified with concerns about increased noise from the site. The hearings officer held open the record one week at the applicant's request. The hearings officer approves the conditional use as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section H of the City of Tigard Staff Reported dated April 14, 1995 (the "Staff Report"), and the agency comments in Section III of the Staff Report. M. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the City of Tigard Staff Report dated December 6, 1994. IV. HEARING AND RECORD 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on April 24, 1995. The hearings officer held open the record until May 1. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proeeedinas), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. City planner Will D' Andrea testified for the City. He summarized the Staff Report. 3. Mark Ferris testified for the applicant. He noted the Staff Report incorrectly identified the size of the building as 15,000 square feet. In fact, it will only contain 14,335 square feet. He discussed the proposed number of parking spaces in relation to the size of the building and its allocation to particular tasks. He requested that the hearings officer hold open the record for seven days to allow submission of revised plans showing the allocation of space in the building as it relates to parking requirements and to allow the Page 1 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) applicant to prepare revisions to the proposed findings in the Staff Report. He accepted the conditions of approval recommended by city staff except condition of approval 61, which requires 56 parking spaces. He agreed to a modification of the condition to require such lesser number of spaces as may be required by the City Code based on the final allocation of space in the building. 4. City engineer Michael Anderson testified that condition of approval 4 should be deleted, because there are no overhead lines abutting the frontage of the site. He testified that the applicant should not be required to do a traffic study as originally requested by ODOT, because ODOT made its request based on a mistaken belief that the site was not developed. But he noted that the applicant will make frontage improvements to Hall Boulevard, and that the applicant should obtain a permit from ODOT for those improvements. A condition to this effect should be added. 5. West One Bank manager Pam Benson and accountant Mike Marr testified in favor of the application. 6. John Bookout, who owns apartments on the north side of Commercial Street, testified with concerns about noise from the new building or parking lot. 7. After the hearing, Mr. D. Andrea submitted a memorandum dated April 27 in which he recounts that the applicant submitted a revised floor plan for the existing and proposed buildings on the site, and staff had concluded that the number of parking spaces to be provided on the site complies with City standards. Therefore he recommended the hearings officer delete condition of approval 6(f) and 6(g) and revise condition 6(i) to allow a maximum of 18 compact spaces. V. EVALUATION OF REQUEST The hearings officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the Staff Report. The hearings officer adopts the April 17 memorandum in place of finding IV.A.7 in the Staff Report regarding parking requirements to the extent they conflict. Conditions of approval should be amended as discussed at the hearing and in the April 17 memorandum. VI. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and surrounding area. He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. VII. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed conditional use permit complies 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 and with conditions of approval warranted to ensure such compliance occurs. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of effect agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-0002, Page 2 Hearings Officer Final Order CUP 95-0002 Wagno/Humphries) subject-to the conditions of approval recommended in Section V of the Staff Report with the following amendments: a. Conditions of approval 4 and 6(f) and 6(0g) are hereby deleted. b. Condition of approval 6(i) is hereby amended to allow a maximum of 18 compact spaces rather than 22 and to state that 45 total spaces are required. c. Condition of approval 9 is hereby added to read as follows: The applicant shall submit a permit or other written authorization from the Oregon Department of Transportation (or evidence satisfactory to the city engineer that a permit or authorization is not required) before undertaking any construction on Hall Boulevard. DATED this 11th day of May, 1995. Larry Eps in, P City of T'gard e ~gs Officer Page 3 Hearings Officer Final Order CUP 95-0002 (MagnoMwnphries) AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Thelma Humphries STAFF REPORT to allow the development of a 15,000 square foot CUP 95-0002 warehouse building on a site with an existing warehouse and food processing use. 1. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0002 SUMMARY: A request for Conditional Use approval to allow the construction of a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street (WCTM 2SI 02AD, Tax Lot 1203). The southwest corner of SW Commercial Street and SW Hall Boulevard APPLICABLE LAW: Community Development Code Chapters 18.66.040, 18.66.050, 18.96.020, 18.100.015, 18.100.030, 18.100.035, 18.100.110, 18.102, 18.106.020(P), 18.106.030(D)(2), 18.106.020(0),18.106.040(A)(1), 18.106.050(N), 18.106.080,18.108.050(A),18.108.080,18.114, 18.116, 18.120, 18.130.040, 18.130.150(C)(26), 18.150, 18.164.030(A) and (E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 5.1, 7.1.2, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel • • II. SITE AND VICINITY INFORMATION A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development Review approval in 1982 which added 1,920 square feet. In July of 1986 the City Council heard a zoning interpretation of the conditional permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use, a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. In December of 1994 Conditional Use Permit (CUP 94-0008) was approved to allow a request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. B. Site Information and Proposal Description: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. The property is developed with a 24,072 square foot industrial building and 95 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. C. Vicinity Information: Property to the north is developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the City of Tigard Water Department facilities. III. AGENCY COMMENTS HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page2 1 • • 1. The City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. 2. The City of Tigard Water District states that an additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 3. The Oregon Department of Transportation states that ODOT recommends the applicant provide a traffic study to determine the potential impacts to SW Hall Boulevard. 4. GTE states that the developer is to provide conduit to GTE's specifications. 5. The City of Tigard Building Division, City of Tigard Police Department, City of Tigard Maintenance Services, Tualatin Valley Fire and Rescue, Unified Sewerage Agency, Portland General Electric, have reviewed the proposal and have offered no comments or objections. IV. EVALUATION OF REQUEST A. Community Development Code: 1. Chapter 18.66.040 lists Wholesale, Storage and Distribution as a Conditional Use in the CBD zone. Chapter 18.66.050 states that there is no minimum lot area and no minimum lot width requirement in the CBD zone. There are no setback requirements except 30 feet where a commercial use within the district abuts a residential zoning district. This property does not abut a residential zone, therefore there are no applicable zone setbacks. The applicant proposes to build a structure of 30 feet in height, well under the maximum 80 feet. The minimum landscape requirement is 15 percent. The applicant is providing approximately 12,937 square feet (16.5%) of landscaping, thereby satisfying this criteria. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page3 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide adequate area for the needs of the proposed use; 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. This proposal is consistent with the applicable approval standards. The site will provide adequate area for the construction of the proposed warehouse. Site characteristics are suitable for the proposed warehouse as there are no significant trees, water courses, wetlands or other natural features on the site. Adequate public facilities are available to serve this proposal. Compliance with the applicable zoning district requirements, site development review and Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the analysis presented within this report and review process. 3. Section 18.130.150(C)(26) contains the following additional Conditional Use criteria for Wholesale, Storage and Distribution: a) The lot area and dimensional requirements of the underlying zoning district shall apply; and b) Additional requirements shall apply as required by the underlying zoning district. Dimensional requirements are satisfied as discussed above. Compliance with additional code requirements shall be satisfied as presented within this report and review process. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page4 4. Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.80 (Planned Development), 18.92 (Density Computations), 18.94 (Manufactured/ Mobile Home Regulations), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under section 18.120.180.A.1. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The overall site is currently developed and does not contain natural drainage or existing trees in need of preservation. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as the proposal does not abut a different use as outlined in the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. A revised plan shall be submitted which shows how the mechanical devices on the roof shall be screened, year round, from adjoining properties and the public street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pages Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan for the perimeter of the building and parking lot shall be submitted for review and approval. 5. Section 18.100 contains standards for landscaping and screening. a. Section 18.100.015 requires that the applicant submit a landscaping plan, and that the approval standards are the applicable standards contained in Section 18.100 and which are listed below: b. Section 18.100.030 (Street Trees) states that all development projects fronting on a public, private street, or a private driveway more than 100 feet in legth shall be required to plant street trees in accordance with the standards in Section 18.100.035. Section 18.100.035(A) requires that landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in subsection 18.100.035(B). Section 18.100.035(B) requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium, or large). The preliminary plan indicates the provision of 7 red maple trees spaces approximately 27 feet apart along the frontage of SW Commercial Street, thereby satisfying this requirement. The plan also indicates that the trees shall be planted with a caliper of 1.5 inch whereas the code requires a minimum 2 inch caliper. A revised plan shall be submitted which provides for minimum 2 inch caliper street trees. C. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Section 18.100.110(A) (Screening of Parking and Loading Areas) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page6 effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. In an effort to meet the basic requirement of providing the required canopy effect, the site plan shall be revised to provide an additional (2) parking lot tree and shall be located in the area adjacent to SW Commercial Street. Section .18. 100.11 Q(B) and (D) (Screening of Refuse Contianers and Service Facilities) requires that such facilities be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. A revised site plan shall be submitted which indicates how the garbage enclosure is to be screened. 6. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A revised landscape plan shall be submitted which indicates the landscape material in front of the existing building. Compliance with vision clearance criteria shall be satisfied upon review of the revised landscape plan. 7. Section 18.106 (Off-Street Parking and Loading) contains standards for parking and loading. a. Section 18.106.030(D)(2) (Parking) requires that one parking space be provided for each 1,000 square feet of gross floor area within warehouse (plus 1 space per 200 square feet of office area). The proposed building requires 14 spaces based on approximately 14,300 square feet of warehouse and an additional 3 spaces based on approximately 700 square feet of office, for a total of 17 required parking spaces. Conditional Use (CUP 94-0008) required 39 spaces for the existing building and addition. The site therefore requires a total of HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 56 parking spaces to accomodate both the existing and proposed uses. The site plan shows the provision of 49 parking spaces. A revised site plan shall be provided which provides the required 56 parking spaces. b. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires 4 disabled parking space if 51 to 75 parking spaces are provided. A revised site plan shall be submitted which provides for an additional handicapped parking space. C. Section 18.106.050(N) requires that artificial lighting on all off-street parking facilities shall be designed to deflect all light so as not to create a hazard to the public use of any road or street. The applicant shall submitt a lighting plan in compliance with this standard. d. Section 18.106.020(0) (Bicycle Parking) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. This proposed building requires 17 parking spaces, therefore one (1) bicycle parking space shall be provided for this building. A revised site plan shall be submitted which shows the provision of one (1) bicycle parking space. e. Section 18.106.040(A)(1) (Compact Car Spaces) allows up to 40% of the required parking spaces to be compact. The code allows 22 of the required 56 parking spaces to be compact spaces. The revised plan shall provide for no more than 22 compact spaces. f. Section 18.106.080 (Off-street loading) requires that every industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. The plan shows the provision of two loading spaces, thereby satisfying this criteria. 8. Section 18.108.080 (Access and Circulation - Minimum Requirements) requires that commercial or industrial uses which provide fewer than 100 parking spaces to provide one access with a 30 foot access width. In addition, section 18.120.180 WO 1)(b) requires that circulation patterns within a development be designed to accomodate emergency vehicles. The plan shows a 40 foot driveway width, thereby satisfying this requirement. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page8 9. Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress. Walkways shall provide convenient connections between buildings. Unless impractical, walkways shall be constructed between a new development and neighboring developments. The site plan does not provide for a walkway from the street to the entrance of the building. A revised site plan shall be submitted which provides for a direct connection from the building entrance to SW Commmercial Street. The plan shows the parking lot grade to be 166 with the sidewalk grade of 170. The street grade of SW Commercial Street is to be lowered with the street improvement. This will reduce the grade differential and allow for a more convenient walkway connection. The revised plan should incorporate the walkway with one of the required parking lot tree islands. 10. Section 18.114.130 (C) (Signs) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 11. Section 18.116 (Mixed Solid Waste and Recyclable Storage) requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. This requirement will be satisfied as a tree removal permit will be required for the removal of trees with trunk diameters of six inches or more in diameter. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page9 b. Section 18.164.030(E) requires a minor collector street to have a minimum 60 foot right-of-way and a 40 foot minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. PUBLIC FACILITY CONCERNS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re-constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re- constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES PagelO Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. B. Applicable Comprehensive Plan Policies. 1. 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 the applicant was required to hold a neighborhood meeting with nearby property owners, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a land use development application is pending for this property. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 1 • • standards. Policy 4.2.1 is satisfied as the applicant is providing an underground storm drainage system even though there is no net change in the amount of impervious surface. 3. Policy 7.1.2 provides 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 utilities placed underground. This policy is satisfied as addressed below. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. This policy is satisfied as addressed below. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. The conditional use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Public facility services are adequate to serve this proposal or shall be conditioned to be provided. 6. Policy 7.5.2 provides that as a part of the ongoing development review, the City shall require the Tigard Police Department to review development applications. The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. The Police Department has not provided any objections to the provision of service in this area to this development as it has been designed. 7. Policy 7.6.1 provides that the City shall require as a precondition to development that: A) The development be served by a water system having adequate water pressure for fire protection purposed; B) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and C) The applicable fire district review all applications. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. The Fire Department has not provided any objections to the provision of service in this area to this development. 8. Policy 8.1.1 provides 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 addressed below. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page12 9. Policy 8.1.3 provides the City will require as a precondition of approval that: A) Development abut a dedicated street or have other adequate access; B) Street right-of-way shall be dedicated where the street is substandard in width; C) The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development; D) The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; E) 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 application complies with Policies 8.1.1 and 8.1.3 because the public improvements to the public streets adjoining this site will be required to be consistent with the City of Tigard road improvement standards. The street and access plans do not appear to raise any significant safety or capacity concerns. V. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP 95-0002 subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson,Engineering Department(639-4171). HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 13 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 4. The applicant shall underground the existing utilities in SW Commercial Street or pay the fee in-lieu of undergrounding. 5. An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 6. Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. C. Two (2) additional parking lot trees, to be located within the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 14 e. Landscape material in front of the existing building. f. Fifty-six (56) parking spaces. g. Four handicapped parking spaces. h. One (1) bicycle parking space. i. Maximum of 22 compact spaces based upon 59 required parking spaces. j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. 7. Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground. 8. A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE. THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 15 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 16 shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO THE CERTIFICATE OF OCCUPANCY: 9. All site improvements shall be installed as approved per the revised site plan. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by: 4/14/95 William D'Andrea Date Assistant Planner Approved by: <<-L3-ee c e~ 4/14/95 Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page17 APPLICANT / OILIER AREA BREAKDOIN T► ►i~~lS TOTAL OBE MIA. 1! ACL 600 ~Yl CpM1'E16CtAl ST. a"Two OlOA. 20110 SP. 0WO e FROPOWD A~VOITICN, !`562 sp. . C 9Y W rROpoew NAI "Olm. UADOO OP. TOTAL WM COVLRAM, y;~ TOTAL LMC4CAF ~ 16 TOTAL 1'APOCMa WACgs p/~ EW-,NEER -ate ~ `Q~~~ 1 VTR ( 40% C;OllrACT ) ALP" OW-00040. !1C - • L6W S)LL OAK SWTZ 230 pORTL".On aw.5 ( ws ) A6a-800! Mx ( 609 ) W-OLM3 N~ W / - - - - r- ' _ SW COMMERCIAL STREET_ - - - ' ~ 6. ~r~ s e e s ae.eia,~ a e e e eiela~®e e~e °°"'°~~'•J' ~r,deeo®eo, eesoot mar - - - - - - - - - - SOUTHERN PACIFIC RAILROAD L O U CASE NO PLOT PLAN . CUP 95-0002 MAJOR MODIFICATIOI EXHIBIT MAP J` m F i . cow , tc sr cr9C Ll. > LLI D 4 V rc z Z z d 8..i. 0MM a c~ LL 0 CASE NO VICINITY . CUP 95-0002 MAJOR MODIFICATION EXHIBIT MAP PROPOSAL DESCRIPTION CITY OF TIGARD OREGON FILE NO: CUP 95-0002 FILE TITLE: MAGNO HUMPHRIES ADDITION APPLICANT: Thelma Humphries OWNER: Same Magno-Humphries, Inc. 8800 SW Commercial Street Tigard, OR 97223 (503) 684-5464 REQUEST: A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. CIT: East CIT FACILITATOR: Joel Stevens PHONE NUMBER: (503) 293-6896 DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 X HEARINGS OFFICER DATE OF HEARING: 4/24/95 TIME: 7:00 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 X STAFF CONTACT: WILL D' (503) 639-4171 x31 s CPA 95-0002 MAGNO-HUMPHRIES, INC. Thelma Humphrie! ;q CITY .OF TIGARD,' OREGON - e CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 - OR STAFF USE ONLY CASE NO. 1V. L),p \ 4~5_ W02__ OTHER CASE NO' s : ~ k P q zl -pQG,k RECEIPT NO. 1'5-7 APPLICATION-A,6 D Y• DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION v,(A) Application form (1) (B) Owner's signature/written T~AX♦♦ MAP AND TAX LOT NO. authorization Awl (C) Title transfer instrument (1) SITE SIZE /9,1~. H (D) Assessor's map (1) PROPERTY OWNER/DEED HOLDER* AJ/W / ' (E) Preliminary Plat (pre-app checklist) :ADDRESS PHONE _Z(F) Applicant's statement CITY ZIP (pre-app checklist) APPLICANT* G H /'F/fJ / GS List of property owners and ADDRESS "V6i ~jr.41. eA&n& a qHONE addresses within 250 feet (1) CITY ZIP ~fa(o?~3) Filing fee *When the owner and the applicant are different pez=dot) ~ people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DET NE. 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/ ONE DESIGNATION: 2. PROPOSAL SUMMARY e-- f3 0 4f_JG~ / The owners of record of the subject property N. FL. 0. Na request site develounent review-approval to allow .l_ L Preliminary Plat Approval Date: Final Approval Date: Planning 0520P/13P Engineering Revd: 3/88 Recording Date and Number: 3. List any variance, POned Development, Sensitive LW other land use actions to be considered as part of this application: 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, -aing the policies and criteria, and understands the requirements for approving or denying the application. DATED this day of 19 ui.~. ~TATTC owner (eg. husband and wife) of the subject property. t (KSL:pm/0520P) AAk ALPHA ENGINEERING INC. PLANNINGA DEVELOPMENT SERVICES & SURVEYING March 10, 1995 Mr. Mark Roberts City of Tigard Dept. of Community Development 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Magno-Humphries Warehouse Job No. 293-003 Conditional Use Application Dear Mark: The following is offered in support of our application for a conditional use permit on the above referenced project. Pursuant to our pre-application conference, I would like to respond to a number of specific issues: 1) Zoning District Dimensional & Setback Requirements: There are no minimum lot size requirements. The building has the required 45' setback from Hall Blvd. and meets all other setback requirements. Adequate area exists for the needs of the proposed use and for aesthetic design treatment. Total site coverage is 83.5 % for all existing and proposed buildings which is within the maximum 85% allowed. The remaining 16.5% will be landscaped, and exceeds the minimum 15 % requirement set forth in Chapter 18-64. Maximum building height will not exceed 40'. 2) Parking & Access: The existing access drive width has been increased to 40' to better accommodate the turning radii of the large trucks which service this facility. The total proposed building square footage is 39,072 square feet of which approximately 2000 square feet is office space. A total of 47 parking spaces have been provided which meet the requirements for both office and warehouse facilities. 40% (19 spaces) have been designated as compact and three as handicapped. Pedestrian access to Hall Blvd. will be provided by a sidewalk constructed in conjunction with the improvements to S.W. Commercial Street. It should be noted that, due to grade constraints, the sidewalk will need to be curbside. PLAZA WEST & SUITE 230 0 9600 SW OAK & PORTLAND, OR 97223 n 503-452-8003 n FAX 503-452-8043 Mr. Mark Roberts March 10, 1995 Page Two 3) Landscaping, Buffering & Screening: Street trees have been provided along the Commercial Street frontage and will be spaced approximately 30 feet apart. A minimum of one tree per seven parking spaces will be provided. Additional shrub Material will also be planted to help screen the parking lot from Commercial Street. Given that the surrounding uses are all CBD, no buffers are required. Additional shrub plantings should effectively screen the loading area adjacent to Commercial Street. 4) Additional Comments or Concerns: "A detailed narrative will need to be provided. The Transportation Planning Rule will need to be addressed as it relates to transit and pedestrian accessibility due to the transit-served nature of Commercial Street and Hall Blvd. Please review Tri-Met's previous comments concerning the recent major modification approved for the building addition. " As stated previously, a five foot wide sidewalk is being provided in conjunction with the Commercial Street improvements. Pursuant to OAR Chapter 660, Division 12, Subsection 3, "facilities are to provide safe and convenient pedestrian and bicycle access within and from industrial parks to nearby residential areas, transit stops This shall include sidewalks and bikeways along arterials and major collectors... " The sidewalk provided meets the intent of the Transportation Planning Rule in that it provides for direct bicycle and pedestrian access to Hall Blvd. It should be noted that Tri-Met's recommendation for a sidewalk separated from Commercial Street by a four foot wide landscape buffer cannot be accommodated due to the elevation difference between Commercial Street and the existing parking lot. Subsections 4 and 5 are directed primarily at providing transit facilities and access for office, commercial\retail and industrial uses. The proposed warehouse has less than 4% of its total area allocated to secondary office use and therefore these sections are not applicable. 5) Commercial Street Improvements: Much discussion has taken place regarding the street improvements and how these improvements ould be funded (see plan attached). Requirements for two-thirds street improvements as outlined at the pre-application conference consist of twenty feet of pavement, sidewalk, plus twelve feet on the opposite side. Mr. Mark Roberts March 10, 1995 Page Three There is a requirement for placing the existing overhead utilities underground. One major issue has centered around the lowering of Commercial Street and the removal of "the hump" in order to provide the required visual sight distance for this street classification. Pursuant to our discussions with City Staff, the applicant is requesting that the City, 1) petition the City Council to form a Local Improvement District (L.I.D.), or, as an alternative, 2) the applicant would pay a "fee-in-lieu" for her share of the improvements. Our preferred option would be the formation of the L.I.D. where the applicant would assume the cost for her one-half share of the improvements and the City participates along with adjacent property owners to implement the remainder. The applicant also requests that engineering fees accrued to design the Commercial Street improvements be credited against any assessments. 6) T.I.F. Credits: The applicant is also requesting that Traffic Impact Fees assessed against this development be applied to the Commercial Street improvements. We predicate this request on the fact that the requirement for removing "the hump" on Commercial Street is based on a need to correct a hazardous condition which currently exists. It is our understanding that, even though Commercial Street does not have the required status, these funds may be applied for this purpose. 7) Public Improvements: Sanitary Sewer: There is a existing 8" sanitary sewer located in Commercial Street which will accommodate the proposed facility. Water: There is an existing water line located in Commercial Street which will accommodate the proposed facility. Storm Sewer: Storm drainage from the existing building and parking lot currently discharges into an existing drainage ditch located in the Southern Pacific R.O.W. adjacent the South Property line. Mr. Mark Roberts March 10, 1995 Page Four Pursuant to discussions with the city engineering department, the applicant has been informed that a water quality/detention facility is not required since the drainage condition existed prior to this application. The actual amount of impervious surface and pollutants has actually been reduced with the current development plan. Drainage from both the roof system and parking lot areas will be intercepted and chanelled into the existing drainage swale at approximately the same location as is currently existing. Summary' All required public facilities are available to serve this development as proposed. All applicable standards of the zoning district are met by this application and the proposed use complies with the site development standards set forth in the City of Tigard Development code. In addition to this statement, I have also attached the required plans and documentation as required. If I need to provide any additional information, or offer clarification on the materials submitted, please let me know. Sincerely, ALPHA ENGINEERING, INC. Mark B. Ferri Director of Planning 1: \293-003\ W P\STMT. M B F 1 . ~ ~ ~ ~ • j~ of~c~VGy~f/J aJ ~ yr~~ i i i 1 . F~ Paul & Lana Reeder 1? 21050 S. Ferguson Rd. \ ~Oregon City, OR 97045 ALPHA ENGINEERING INC. S PLANNING A DEVELOPMENT SERVICES A SURVEYING nt ~y~ 4 l0 O PLAZA WEST A SUITE 230 sthDfp A~j~CCI ,VfRge • 9600 SW OAK. PORTLAND, OR 97223 TOR£`SScO1 r - ~y-f~~~::.=.~J~i~i~i~1~~~~1itt~ii~11~~~►1'T~{1►,~~1~1►1 • • ALPHA ENGINEERING INC. PLANNING • DEVELOPMENT SERVICES A SURVEYING February 15, 1995 Paul & Lana Reeder 21050 S. Ferguson Rd. Oregon City, OR 97045 RE: Proposed Warehouse Development Job No. 293-003 Magno Humphries Warehouse Expansion Dear Interested Party: Alpha Engineering, Inc. representing Magno-Humphries, Inc. is proposing to develop a new warehouse facility adjacent to the existing building at 8800 S.W. Commercial Street in Tigard,, Oregon (WCTM 2S1 02AD, Tax Lot 1203). Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend the following meeting: When: Thursday, March 2, 1995 Where: City of Tigard 13125 S.W. Hall Blvd. ow ~cc/•~J C~ _C' . Time: 7pm Please note, this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to discussing our proposed development with you. Should you have any questions, please don't hesitate to call me at 452-8003. Sincerely, ALPHA ENGINEERING INC. Mark B. Ferris Director of Planning 1:\293-003\wp\notice.mbf PLAZA WEST A SUITE 230 A 9600 SW OAK.. PORTLAND, OR 97223 • 503-452-8003 • FAX 503-452-8043 Brent BIrkemeier Craig & Carrie Prunty D Janet Joha & Fanny Bookout 8575 SW Sorrento Rd 8857 SW Edgewood St 10459 NW Lost Park Dr Beaverton, OR 97005 Tigard, OR 97223 Portland, OR 97229 Doris Vangordon James Hirte Suphap Dibbayawan Ethel Gerlach Douglas Leach 8848 SW Co=ercial St 14430 SW 94th Ct 20588 SW Lebeau Rd Tigard, OR 97223 Tigard, OR 97224 Sherwood, OR 97140 Ackerly Co+** nzn cations O Rychen Paddack Northwest Inc Roy Goecks & George Mack A Luella 3601 6th Ave S 12805 SW 77th P1 11025 SW S- mer Lake Dr Seattle, WX 98134 Tigard, OR 97223 Tigard,.OR 97223 Tigard Water District Tualatin Valley-Fire & R Carl Johnson PO Box 23000 20665 SW Blanton St 200 James St #407 Tigard, OR 97281 Aloha, OR 97007 Edmonds, WA 98020 ,Terry & Natalie Scott James Ochs Charles Cordier 10060 SW Picks Ct 11865 SW Lincoln Ave 2036 N Bryant St Tigard, OR 97224 Tigard, OR 97223 Portland, OR 97217 Randall Kaufmann Steven Gordon Lance Kaufmann Dean Brown 26001 NE Butteville Rd 14425 SW Mcfarland Blvd PO Box 583 Aurora, OR 97002 Tigard, OR 97224 Carlton, OR 97111 Randall Doyle Joseph Summers Norpac Development Corpo L Melissa C Beverley' 6560 SW Fallbrook P1 8724 SW 45th Dr 12280 SW Hall Blvd Beaverton, OR 97005 Portland, OR 97219 Tigard, OR 97223• Geoffrey Levear R Joyce Kelly Janice McCarthy James Ding 7311 SW La View Dr 12530 SW Hall Blvd 12650 SW Hall Blvd Portland, OR 97219 Tigard, OR 97223 Tigard, OR 97223 William Goetze H William Gazeley P Margareta James Fankell PO Box 230414 12645 SW Hall Blvd 12665 SW Hall Blvd Tigard, OR 97281. Tigard, OR 97223 Tigard, OR 97223 Harry Gazeley Richard & Garry Helmer George Wilder 12700 SW Hall Blvd 14945 SW 72nd Ave 8445 SW Hunziker Rd Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 Steve Nitsos Monte & Kyong Snyder Elizabeth Jack 8465 SW Hunziker Rd 12300 SW Knoll Dr 12330 SW Knoll Dr Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Mark Jackson Warren & Anne Craig Daniel Meister & C Daaae Penny Downey 12360 SW ICnol1 Dr 12361 SW Knoll Dr 12387 SW Knoll Dr Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Paul & Lana Reeder Michael & Donna Beaudoin Donald Millering 21050 S Ferguson Rd 11490 SW Knoll Dr 10222 SE Crest Hill Rd Oregon City, OR 97045 Tigard, OR 97223 Portland, OR 97266 • 100'd VlOZ'ON U/i Zs:Ll V6/f:Z/60 II •SA•'* , .1I.1•:•~ 1t t+it 'tI trl ~ t o WAtt.11ANT1t dattM ORV "am g 2 9 1 eetu•Nars eeA ee . ..............1,ACIyiC,.CAMH1.t..,RQAINSQE ..C4.t...,..+i..H+~.~k~isasli9~..Ca>x ox~.... • /t s JbWatlon dolt uNn1rM clod • htln undr~i ~t~ tY Of she ~ta~l~~ AAI . t,t1 Cten axitop. ~onr•y. tans w.,...+tr ~e ..AlC1tA ....N P > O...aht,1# iH1'Liat7i CNrl..,M HR~~►A...,~1iAi.AK1d ~ and..wits orant•t. aw fultowlrv described hal proparfy Itro of enoumDrances fmcopt an i sprciffdally IotrA nuNn situated to ............fldthidatceiv ...............County. Ondo», to-Witt i , A pare 1 rrf land situated In 8eation 2. Tovnshi 2 South, Ran a West of this Willsmetto Neridien and being appart f of he William Cttaham Donets Land Claim No. 99 in City of Tigard, County of Washington and Sta" 61 Oregon ~ more articulasly desafribed by metef and bounds in Rxhibit "A" altAChod becato and by this refersnca made a part hereof, yy}rr I let UACI p,yu,ilelf Nt. Coral lult 1 ,•Y TAa MId ro its Is Irrs Ito sit aticumb ano•a ra P4 f e~~r j ~'o1P3'nanes , including th• to o VVV ; nd rov~sone th eor tQQ Halve t~t it of remonl!ecranee for street improvements cordid fanuary M. 1.9 itecordaY a pea tin. a3-00965. Power of ae:esrnlant o ; it o r gsr , none ow S. 7Ae trw t;'onfJdriPflon Iot Ohio tonveyanty If 100A.M..OQ (hers Comply w11A the repvlrln.ente of ORS 9j.070) f Dortr iy order at the drentor'r board of df►ectwb wpf► its corporates Nei;iili►d onN SiA.M.Ri.....,~i,;... • . • \ t s set 11 Ott- y~ (f;011WlaA11AtR .........t.cr.l.ty t t'i -U 1 afro . ewte►r at KIrJCi December to to 86 SreMl¢, arrerN rest r t t q 'I J '+►G t a, n r. f• ctrl 4 IV INpnA ltd ear toot IM f•rttt►r Smt en1 rM1 Ike letter h IA. e.eretar •1 4411 rIC OAN9LEt RC1lf~9QN~. ` 4 e~ I NaallinStOq , e Htpr.tleN,.nd (h At fM met a tl.r1 to Ike ia~ a Aornt lmllun>.nl + I it ear aria ettt roe w tt tM►lYR.►M tree Nyl11,I ewI r•M MI b►MII'ef red wlwu/rn a111, .I /t~ f L ` s M ell►r+ rtreowr 1d 1nN.11rvM a a. w.trM.,r ret •M d.. 4i fi~~L1Q fifere not %-~t.itl.•~ Tj •1~ C ` Hetu We la i 1Q t .N°•'1 1M/ fofl.n.lnlVll 04011001. ' ~ ~ IIYI R fr= : OtaD ~ ' : .ftttaifik o0. 1s. !co Lns9~... :rArs OF OREOON. II 94104 ' . It, ~p~1Y~.lt •i„» t/ ts county of , I crtflly that the Within tntttu• f ; Use- 1.6 ment was mtkod lot record on the hb Ie11A M 4 ..dry of . . lv.. V•,. Mchafd 8. Humphries at t .r. ...o'clock M., and recorded 'fhb}}lit So un hWK-4, r to beck/reef/rorum• No.. on . * r~1 CUa .r.•. Pap.. or as dotumrnf/lee/life/ , I fQrtYan1d. Ora~011 inlt►umenf/microfr/e) No, ~Arr "s~e• e1e Record of Derde of Itoid County. 4.1 Idiom t uMi«r Is W6 wtknj f me shwre'~ Count Wienee-o . Iny hand anJ seat of t 9" llicharti.. D..,.Hfhriaa.... t thelmR.Nrgno..Humphries- .Saxe-.8s.. ......bove$ 1 `tr r Drputy I t .~f f ) NAII•.'As&&U#. Ito J~c~ P~ cc 600 / w 120'3 .39AC• - t.80 A;- ° tb• 800 o! OAC. 5 , w "1\ i r Ooo 'CIO TOO 1601 ?F .15AC• .31AC• ~ s e, '0 1.4 2 A C. /C' 1660 ~ ~ sl i ~ ~ ' K, ~►X ~ 1900 f o5A c. ~ a 59• + / 1 23 17 P.t N i o ,!y 41 .sa Q ~ry f '9/<` _ ssc MA .'~f f 2000 'Qp / ~ 2 c 1 ~ J A6A C. o /b Y J i i A, Q 60 ° f tiP4 ° -41 b° Vow o~ .12Ac. , AFFIDAVIT OF STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I ~Z~ Uen, L, Vi4~115 being first duly sworn/affirm, on oath depose and say: (Please print) That I am a for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I NOTICE FOR: City of Tigard Planning Director Tigard Planning Commission _ Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the address shown on the attached list marked exhibit "B." on the day of 19 , said notice NOTICD - . was, osted o an appropriate Q OC477dAj on the I day of 4 ,6, 19 and deposited in the United States Mail on the day o 19 postage prepaid. 0 &No4tce OFFICIAL SEAL MARK S. DANE 1 NOTARY PUBLIC-OREGON COMMISSION NO.011872 MY COMMISSION EXPIRES DEC. 22, 1995 Subscribed and sworn/affirmed before me on the day of lni~oguA ei 1901r - A~"541e NOTARY PUBLIC OF OREGON My Commission Expires : 1i2 ~1S AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, e&4&e - . , being first duly sworn/affirm, on oath depose and say" (Please print) That I am a for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the address shown on the attached list marked exhibit "B" on the oor day of 19~T, 15"llet in bea*d An t l;e da}~e€ 19 --and_dEizosi t-Pd i5F the - - ` es-Ma 1-on-t, he day- o f , 191 -postage prap"id 0010, P eppa~rre~di Notice OFFFICIALi,EAL MARKS. PUBLIC-OREGON EGON 1114 ~ 0 • NOTARY COMMISSION NO.011872 MY COMMISSION EXPIRES DEC. 22, 1995 Subscribed and sworn/affirmed before me on the VA day of Qt21 19~ A'/~ z,-4vj NO R C OF OREGON My Commission Expires: 2 5 D D D ALPHA ENGINEERING INC. PLANNING ® DEVELOPMENT SERVICES A SURVEYING February 8, 1995 Mr. Mark Roberts Planning Department City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 RE: Magno Humphries Warehouse Expansion Job # 293-003 Dear Mark: Pursuant to our discussions, we are now at a point where we would like to schedule a Pre-Application Conference to review our proposed development plans. If possible, we would like to meet no later than February 23rd. Attached is a copy of our proposed layout for departmental review. This plan is exactly the same as the plan we discussed last week, and you did a good job of answering our questions. At this time we only have a few questions which I'd like to address: 1) The parking lot is an existing condition. With respect to grading and storm drainage, we would like to discharge into the existing swale as has been the case since the parking lot was constructed. The addition of the building and associated landscaping areas will essentially decrease the number of contaminants from conditions which exist currently rather than increase them. As such, we do not feel that a water quality facility should be required for the expansion of this development. Please let us know what your position is on this. 2) Please advise on any Fire Marshall requirements. We are working out the "logistics" on the Commercial Street improvements and will be prepared to address this at out meeting. Should you require any additional information please contact me at 452- 8003. Sincerely, ALPHA ENGINEERING, INC. Mark B. Fe is Director of Planning \293-003\m.g-mbf PLAZA WEST A SUITE 230,& 9600 SW OAK A PORTLAND, OR 97223 503-452-8003 o FAX 503-452-8043 c~"Md~ CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES NON-RESIDENTIAL DATE : APPLICANT: AGENT: May ( e=✓' ~S rc~ IQ .r Phone : Phone : PROPERTY LOCATION ADDRESS : TAX MAP & TAX LOT : S D Z bC oj~ l Z03 NECESSARY APPLICATION(S): U✓ O LQ sL ~!i`lrL~ PROPOSAL DESCRIPTION: k -5 40,(ne fij Ce,Ve,k & U.5 ~l~l 2c COMPREHENSIVE PLAN DES TION: ZONING DESIGNATION: ZONING DISTRICT DIMENSION REQUIREMENTS Minimum lot size: d g_sq• ft. o w9 Minimum lot width: 119ke- ft.- Q_ ✓r5 Setbacks: front- Ee side- "'eft. , rear- o,ft. V40"~'~' garage- ft' corner-2Q ft. from both streets. Maximum site cover se:. i%- Minimum landscaped or natural vegetation area: 15-Maximum building height: ft. ADDITIONAL LOT DI NAL REQUIREMENTS Minimum lot fronta e: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet o frontage or have a minimum 15 foot wide access easement. Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SETBACKS y S Streets: ft. rom centerline o Established areas: ~f t. from Lower intensity zone :L ft., alon the site's `l boundary Page 1 0 • SPECIAL BUILDING HEIGHT PROVISIONS Building Height Exceptions (Code Section 18.98.020): Buildings located in a non-residential zone may be built to a height of 75 feet provided: 1. A maximum FAR (building floor area to site area ratio) of 1.5 to 1 will exist; 2. All actual building setbacks will be at least 1/2 the building's height; and 3. The structure will not abut a residential zone district. PARKING AND ACCESS Required parking for this type of use: Secondary use required parking: k~ a lQv Lff3~ c~ Sevvp l ~ 00 t~1 4Nk of required spaces may be designated compact-only spas. Standard parking space dimensions:. 18 ft.X 10 " $ '7 Compact parking space dimensions:c 15 ft. X ~FSi Disabled person parking: All parking areas providing in excess of five required automobile parking spaces shall provide appropriately located and designated disabled person parking spaces. The minimum number of disabled person parking spaces to be provided and parking space size are mandated by the Oregon Revised Statutes and Americans with Disabilities Act (see handout). A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be provided. - - Bicycle racks are required for civic uses, non-residential uses, commercial uses, and industrial uses providing 15 or more automobile parking spaces. Bicycle parking must be provided at a ratio of one bicycle rack space per 15 auto parking spaces. Bicycle racks shall be located in areas protected from automobile traffic. The Planning Division can provide specifications for approved bicycle rack types. All driveways and parking areas, except for some fleet storge parking areas, must be paved. Drive-in use queuing areas: Minimum number of accesses: Minimum access width: 24 ft. Maximum access width: 40 ft. Pedestrian access must be provided between building entrances and parking areas t oor common areas, and public sidewalks and a s. Parking area landscaping a d screening: Recruire See Landscapincr section below. For detailed information on design requirements for parking areas and accesses, see Community Development Code Chapters 18.106 and 18.108. Page 2 0 CLEAR VISION AREA The City requires that clear vis' ntained between three and eight feet above grade at road/driveway, road/railroad, and road/road intersections in specified clear vision areas. The size of the required clear vision area depends upon the abutting street's functional classification. No buildings, signs, trees or other visual obstructions are allowed between 3 and 8 feet above grade in these areas. LANDSCAPING Street trees are required for all developments fronting on a publi or private street or a driveway more than 100 feet in length. Street tre s must be placed either within the public right-of-way or on privat property within six feet of the right-of-way boundary. Street trees must have a minimum caliper of two inches at four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on mature tree size. Further information on regulations affecting street trees and a list of recommended street trees may be obtained from the Planning Division. A minimum of one tree per seven parking spaces must be planted in and around parking areas in order to provide a canopy effect. Landscaped screening of parking areas from views from public rights-of-way must be provided. BUFFERING AND SCREENING In order to increase privacy and to 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. Site obscuring screens or fences are also required in some cases, and often are advisable even if not required. Required buffer areas may only be occupied by vegetation, fences, utilities, and sidewalks. Additional information on required buffer area materials and sizes may be found in Code Chapter 18.100. Required buffer widths applicable to your proposal area: ft. along north boundary ft. along east boundary ft. along south boundary ft. along west boundary In addition, sigh obscuring screening is required long 1~~~( 2vr C'-0 -5 x- cc o ~Gt Q S a, GD0 U,,,~v S SVGv~ Se~v~C NQ qs ~GV1, Page 3 TIL4 SIGNS Permits must be obtained before erecting any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the s.i_g roposal is reviewed as part of a development application. SENSITIVE S Other Agency Permits: ADDITIONAL CONCERNS OR COMMENTS a_z/ v &0/1 ~i qua ~Q vo ~ s llyl~ V7/0 41 Iola it 14 1,vtQ ~r Q GG.~SS p ~ REVIEW PROCE/D a f review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Applications must be accepted by a Planning Division staff member at the Community Development Department counter at City Hall. Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications submitted after 4 PM on Thursday will be batched for processing with the following week's applications for processing. No applications will be accepted after 4:30 PM. xzees< One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. The Planning Division and Engineering Division will do a preliminary review of the application and will determine whether an application is complete within 10 days of submittal. Staff will notify an applicant if additional information or copies of the submitted materials are needed. The administrative decision/public hearing typically will occur approximately ~ days after an application is accepted as complete by the Planning Division. Applications involving difficult issues or requiring review by other jurisdictions may take additional time to Page 4 ` • • review. Written decisions are issued within 10 days of public hearings. A 10 day appeal period follows all decision An ppeal// on this matter would be heard by the d ~ <S A basic flow diagram illustrating the review process is available from the Planning Division. T ` <a»:.:: l ca 3 ri'`'>>t aiz e > >arid a>< <r c s< wr. b~~ en are Dea o`"`' t.:: ..d 1 tt~ e ~]n ment oaf a'` rb3gW. a;»>:.:..::.<r~n>~s><?~and~>Ca Ct :.:.develn i::::::i::i::::is~:::iiii•:<:;i;:i?;y;::::?;:};:<i;i : y~ ♦ ~ ry~ r~ p p 1~ ~y ~j ~ q ~y}~ xY,PA."1t.. i'; y ..:W ..1!, Iit,.::. V► ~li! W:::: W. NI " R SI! ~y 41. a..::..... l::::::he.:;sey c ttr3t.. _ of.::.: cxr.;:.s..2.:.. 3 an.... ~Az~izx.d.MX..: i~:x~d::>:b nati:<<`cdns3te:::...:.:... a rds...~~..: re : Qzzde:::«:::a obX-x :::::::.k:.:.::. : ?:::`:::::::`t? Caa De en staff relaiva..tEz : i' ::::::i::i'•::::::ii:.....:::::; L:i::::isi':.:,..v to':::<::>><3+a>'>:><?a>>x: ts::;: Another pre-application conference is required if an application is to be submitted more than six months after this pre-application conference, unless is deemed unnecessary by the Planning Division. PREPARED BY: PLANNING DIVISION Page 5 PUBLIC FACILITIES The purpose of the pre-application conference is to: (i) identify applicable Comprehensive Plan policies and ordinance provisions; (ii) to provide City staff an opportunity to comment on specific concerns; and (iii) to review the application review process with the applicant including identifying who will be the final decision maker for the application. The extent of public improvements and dedications to be required of the applicant will be recommended by City Engineering Department staff and approved by the appropriate authority. There will be no final recommendation to the decision maker by City staff until all 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 project. Unless noted otherwise, the primaxy contact for questions related to public facility issues is E ineering Depart ent, 639-4171 10,' ' Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public to increase abutting public rights-of-way to the ultimate functional street classification rights-of-way width specified by the Community Development Code. Approval of a development application for this site will require dedication of right-of-way for ox. 4;r / /Lny'W 1. to feet from centerline. 2. to feet from centerline. Street improvements: 1./ street improvements will be necessary along GD/yl/YI62u~l2_ Needed street improvements will include- feet of pavement from centerline, curb and gutters, storm sewers, a five-foot wide sidewalk, necessary street signs, streetlights, and a two year streetlighting fee. RpJ AOMPt76- 2. street improvements will be necessary along Needed street improvements will include feet of pavement from centerline, curb and gutters, storm sewers, a five-foot wide sidewalk, necessary street signs, streetlights, and a two year streetlighting fee. o0tWeso 6177U77& /~~,,Paage 6 In some cases where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In these cases, as a condition of development approval, the property owner(s) must 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 1. 2. Pedestrianways/bikeways: Sanitary Sewers: The closest sanitary sewer to this property is an inch line located 97 The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the sewer along the proposed development site's Water Supply: The Tigard Water District (Phone: 639-1554) one: blkZ-1511) provides public water service in the area of this site. The appropriate Water District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin valley Fire and Rescue District (Contact: Gene Birchill, 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. 600TW7 9nV_V. 19 MAW4*~t_ Other Agency Permits : fin R.Gp, rl K&M64 T TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance This action placed into effect an increased street development fee on all new development in Washington County. The City of Tigard has adopted the county's program. The City Traffic Impact Fee program will collect fees from new development based on the development's projected impact on the transportation system. Developing properties will be required to pay based on the number of trips they are projected to generate. The TIF is calculated based on type of use, size of project, and a general use based fee category. The TIF shall be calculated aT time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until issuance of occupancy permit. Deferral of payment until occupancy is permissible only when the TIF is greater than $5,000.00. Page 7 STORMWATER QUALITY FEES/FACILITIES The Unified Sewerage Agency has established and the City has agreed to enforce, Resolution No. 90-43, Surface Water Management Regulations, requiring the construction of on-site water quality facilities or fees in lieu of their construction. The resolution requires that a fee and/or construction of a water quality facility be built. The fee is based on the amount of impervious surface; for every 2640 square feet or portion thereof, the fee shall be $280. The City of Tigard determines if a fee or facility shall be built. .4-y Necessary storm sewer improvements: STREET OPENING PERMIT No work within a public right-of-way shall commence until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS On all projects that require a grading plan the applicant shall submit with the grading plan a typical floor plan for each lot which shall have the elevations of four corners of that plan along with elevations at the corner of each lot. PHONE: 639-4171 jo:preapnon Page 8 • • Staff 4e - Date 71 /7-57 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171. ITEMS TO BE BASIC MATERIALS INCLUDED: A) Application form (1 copy) B) Owner's signature/written authorization C) Title transfer instrument D) Assessor's map E) Plot or site plan C F) Applicant's statement (G) List-efprc~ert~-eu,ners _~~-r--- (H) Filing fee ) SPECIFIC MATERIALS A) Site Information showing (No. of copies rZ3 [y/ 1) Vicinity Map [G]am 2) Site size & dimensions [2]~- - 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 [ ] LL Q b) Wetlands [ ] l~ 7) Other site features: a) Rock outcroppings [ ] b) Trees with 6" + caliper measured 4 feet from ground level [ ] 8) Location of existing structures and their uses [ 9) Location and type of on and off-site noise sources [L]_~ 10) Location of existing utilities and easements [ 11) Location of existing dedicated right-of-ways [ B) Site Development Plan showing (No. of copies_r_): 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 APPLICATION CHECKLIST - Page 1 b) Oroposed streets or other publiways & 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 areas d) Pedestrian and bicycle circulation [ e) Outdoor common areas, [ ] ~I 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 [ L]~ 6) Storm drainage facilities and analysis of downstream conditions [GY 7) Sanitary sewer facilities 8) The location of areas to be landscaped [L~ 9) The location and type of outdoor lighting / considering crime prevention techniques 10) The location of mailboxes [e~/ 11) The location of all structures and their orientation 12) Existing or proposed sewer reimbursement agreements C) Grading W n (No. of copies ) [ ] The site d velopment plan shall include a grading plan at the same sc le as the site analysis drawings and shall 1) The locand extent to which grading will take place ting general contour lines, slope ratios contain the \proble ing information: and sobilization proposals, and time of year it is ed to be done. [ ] 2) A stateom a registered engineer supported by data fl bstantiating: a) Suce xploration and geotechnical erin report [ ] b) Thidity f sanitary sewer and storm de serv ce proposals [ ] c) Thl proble will be mitigated and hy will be itigated [ ] D) Architectural Drawings (No. of copies The site development plan proposal shall include: 1) Floor plans indicating the square footage of all structures proposed for use on-site; and [ 2) Typical elevation drawings of each structure. E) Landscape Plan (No. of copies `~Zo 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 [L]~ 2) Location and height of fences, buffers and screenings APPLICATION CHECKLIST - Page 2 3) Lotion of terraces, decks, shelters, play areas and common open spaces [ ] 4) Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses: 1) Soil conditions. [ 2) Erosion control measures that will be used. F) Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [ ] G) Traffic generation estimate [ ] H) Prelimina partition or lot line adjustment ma showing (No. of Cop es ) 1) The own of the subject parcel [ ] 2) The owne 's authorized agent [ ] 3) The map sc le, (20,50,100 or 200 feet=l), inch north arrow and to [ ] 4) Description o parcel location and boundaries [ ] 5) Location, widt and names of streets, easements and other public w s within and adjacent to the parcel [ ] 6) Location of all rmanent buildings on and within 25 feet of all pr perty lines [ ] 7) Location and width f all water courses [ ] 8) Location of any tree with 6" or greater caliper at 4 feet above ground evel [ ] 9) All slopes greater tha 25% [ ] 10) Location of existing ut ities and utility easements [ ] 11) For major land partition hick creates a public street: a) The proposed right-of ay location and width [ ] b) A scaled cross-section f the proposed street plus any reserve strip [ ] 12) Any applicable deed restrictio [ ] 13) Evidence that land partition wil not preclude efficient future land division w ere applicable [ ] I) Subdivision eliminar Plat Ma and data showin (No. of Copies ) 1) Scale equa ing 30,50,100 or 200 feet t the inch and limite to one phase per sheet [ ] 2) The proposed ame of the subdivision [ ] 3) Vicinity map s wing property's relationship to arterial and co lector streets [ ] 4) Names, addresses d telephone numbers of the owner developer, enginee surveyer, designer, as applicable[ ] 5) Date of application [ ] 6) Boundary lines of tra to be subdivided [ ] 7) Names of adjacent subdi ision or names of recorded owners of adjoining par Is of unsubdivided land [ ] 8) Contour lines related to a City-established bench- mark at 2-foot intervals f r 0-10% grades greater than 10% [ ] APPLICATION CHECKLIST - Page 3 9) Thelorpose, location, type and size *f all of the following (withi and adjacent to the proposed subdivision): [ ] a) Public and pr vate right-of-ways and easements [ ] b) Public and private sanitary and storm sewer lines [ ] c) Domestic water mains including fire hydrants [ ] d) Major power to ephone transmission lines (50,000 volts r greater) [ ] e) Watercourses [ ] f) Deed reservation for parks, open space, pathways and other land cumbrances [ ] 10) Approximate plan and p ofiles of proposed sanitary and storm sewers with gra s and pipe sizes indicated [ ] 11) Plan of the proposed wa er distribution system, showing pipe sizes and the location of valves and fire hydrants. [ ] 12) Approximate centerline p ofiles showing the finished grade of all streets inc uding street extensions for a reasonable distance beyo d the limits of the proposed subdivision. [ ] 13) Scaled cross sections of p oposed street right-of-way; [ ] 14) The location of all areas ubject to inundation or storm water overflow [ ] 15) Location, width and directi n of flow of all water- courses and drainage ways [ ] 16) The proposed lot configurati ns, approx mate lot dimensions and lot numbers. Where losts are to be used for purposes other tha residential, it shall be indicated upon such lots [ ] 17) The location of all trees wit a diameter 6 inches or greater measured at 4 feet ab ve ground level, and the location of proposed tree lantings, if any [ ] 18) The existing uses of the proper y, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting [ ] 19) Supplemental information includin a) Proposed deed restrictions (i any) [ ] b) Proof of property ownership [ ] c) A proposed plan for provision f subdivision improvements [ ] 20) Existing natural features including ock out- croppings, wetlands and marsh areas. [ ] 21) If any of the foregoing information ca not practicably be shown on the preliminary plat, it hall be incorporated into a narrative and subm tted with the application. [ ] J) Other Informati n [ ] So I a✓ J}ccc Icuia.~`~C61g (2362P/0028P) APPLICATION CHECKLIST - Page 4 i 4 I APPLICANT I OWNER AREA BREAKDOW { r.eu.% . ww'P !f; TOTAL ORE AM& A sr. 8800 SILL COVEW42LAL ST. Dt16Tfi0 d.DCtn sp. TIGARD. OR 91223 PROPOSED mEwou 3.>•2 S1+. p UNiEMOLLOE. DA0o TWAL ORE WIIII I o9s1 . TOTAL LMW-W W - rBAII, ~y TorAL rawcsld AS xACES GtGNE~YOR f 40%COrPACT ) GALi " EIIIGMERM6. NC. • ILLOO &M OAK OWTE 230 PORTLA D. OR VW3 ( 709 ) 182-8003 M1t /003) 482-80A3 N.y LU - r - ' - - - ^ ^ _ SW COMMERCIAL STREET _ _ _ _ - _ ' Z e e e a a.a e~a.o a e e e leidle{o e~als °°""°r' rw r"" u,bdeeoeao eeeeegS 0 SOUTHERN PACIFIC RAILROAD V LL O ••8n U PLAN CASE NO. PLOT O T CUP 95-0002 MAJOR MODIFICATIOr EXHIBIT MAP i s- a. ul sr A gcr~f ~ sr , ~ c Q 9d ~nn V l.~ . QV .ice V--, li C 400 ■ G~ G ASE 00. MODIFI( YXJOP, . C,UP 95-00 02 tAVDWICN u CITY OF TIGARD OREGON AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: That I am a Senior Office Assistant for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission X Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 5th day of April, 1995 and deposited in the United States Mail on the 5th d of April, 1995, postage prepaid. repared N Subscribed and sworn/affirmed before me on the. day of 42tx-i 19-5 NO ARY PUBLIC OREG N N =OTA 77 My Commission E pires: 7 N'M C OU19gv FILE INFO.: (CUP 95-0002 (NOTICE OF 4/24/95 PUBLIC HEARING FOR THE H.O.) MAGNO.HUMPHRIES ADDITION L I Exhibit "A" PUB C 1"1EARI G NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 24, 1995 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0002 FILE TITLE: MAGNO-HUMPHRIES ADDITION APPLICANT: Thelma Humphries OWNER: Same 8800 SW Commercial Street Tigard, OR 97223 REQUEST ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW Community Development Code Section 18.66, 18.96, 18.100, 18.102, 18.106, 18.108, CRITERIA: 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 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. 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 CPA 95-0002 MAONO-HUMPHRIES, INC. Thelma Humphrles ADDITIONAL INFORMATION~CLOSE THE PUBLIC HEARING ANDOE ACTION ON THE APPLICATION., IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 4. 1995. 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 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT LEAST SEVEN 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 PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILL WANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. +`A m 41 W O a ~C n} C Z a z yA Z a ~ a 0 LL 0 a U.j I, CPA 950002 MAGNO-HUMPHRIES, INC. Thelma HUmphries CUP 95-0002 MAGNO M ADDITIM (Page 1 of 1) % EXHIBIT B 2S102AD-00401 2S102AD-00600 THOMPSON, J RONALD & CECILIA GOETZE, WILLIAM C 14555 SW 139TH AVE MARGARETA P TIGARD OR 97224 12645 SW HALL BLVD TIGARD OR 97223 2S102AD-00700 2S102AD-00800 LEACH, DOUGLAS W & SUSAN L PRUNTY, CRAIG E & CARRIE c/o FANKELL, JAMES L 8575 SW SORRENTO 12665 SW HALL BLVD BEAVERTON OR 97005 TIGARD OR 97223 2S102AD-00900 2S102AD-01100 MCKIBBON & DAD, LTD BIRKEMEIER, BRENT T AND C/o BOOKOUT, JOHN R & FANNY JANET D TRUSTEES 10459 NW LOST PARK DR 8857 SW EDGEWOOD PORTLAND OR 97229 TIGARD OR 97223 2S102AD-01200 2S102AD-01203 DIBBAYAWAN, SUPHAP T HUMPHRIES, RICHARD B AND 8848 SW COMMERCIAL ST THELMA MAGNO TIGARD OR 97223 PO BOX 230626 TIGARD OR 97223 2S102AD-01500 2S102AD-01601 MODERN PLUMBING INC OCHS, JAMES A c/o CORDIER, CHARLES F & BEVERLY J 11865 SW LINCOLN AVE 2036 N BRYANT TIGARD OR 97223 PORTLAND OR 97217 2S102AD-01800 2S102AD-01900 JOHNSON, CARL H TRUSTEE TUALATIN VALLEY FIRE & RESCUE 200 JAMES ST APT 407 20665 BLANTON ST EDMONDS WA 98020 ALOHA OR 97007 2S102AD-02000 TIGARD WATER DISTRICT PO BOX 23000 TIGARD OR 97223 CUP 95-0002 MAGNA HUMPHRM ADDITI M (Page 1 01) • 2S102AD-00401 2S102AD-00600 THOMPSON, J RONALD & CECILIA GOETZE, WILLIAM C 14555 SW 139TH AVE MARGARETA P TIGARD OR 97224 12645 SW HALL BLVD TIGARD OR 97223 2S102AD-00700 2S102AD-00800 LEACH, DOUGLAS W & SUSAN L PRUNTY, CRAIG E & CARRIE c/o FANKELL, JAMES L 8575 SW SORRENTO 12665 SW HALL BLVD BEAVERTON OR 97005 TIGARD OR 97223 2S102AD-00900 2S102AD-01100 MCKIBBON & DAD, LTD BIRKEMEIER, BRENT T AND c/o BOOKOUT, JOHN R & FANNY JANET D TRUSTEES 10459 NW LOST PARK DR 8857 SW EDGEWOOD PORTLAND OR 97229 TIGARD OR 97223 2S102AD-01200 2S102AD-01203 DIBBAYAWAN, SUPHAP T HUMPHRIES, RICHARD B AND 8848 SW COMMERCIAL ST THELMA MAGNO TIGARD OR 97223 PO BOX 230626 TIGARD OR 97223 2S102AD-01500 2S102AD-01601 MODERN PLUMBING INC OCHS, JAMES A c/o CORDIER, CHARLES F & BEVERLY J 11865 SW LINCOLN AVE 2036 N BRYANT TIGARD OR 97223 PORTLAND OR 97217 2S102AD-01800 2S102AD-01900 JOHNSON, CARL H TRUSTEE TUALATIN VALLEY FIRE & RESCUE 200 JAMES ST APT 407 20665 BLANTON ST EDMONDS WA 98020 ALOHA OR 97007 2S102AD-02000 TIGARD WATER DISTRICT PO BOX 23000 TIGARD OR 97223 • - FAX TRANSMITTAL - • DATE: April 7, 1995 TO: Sue Curran, Legals (fax) 620-3433 FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171 PLACE UNDER CITY OF TIGARD LOGO The following will be considered by the Tigard Hearings Officer on Monday, April 24, 1995 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 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) 95-0002 MAGNO-HUMPHRIES ADDITION ► LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). A request fora Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. TT PUBLISH DATE: April 13, 1995 CPA 95-0002 MAGNO-HUM PHRIES, INC. Thelma Humphries • 6 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY HEARINGS OFFICER Concerning Case Number(s): CUP 95-0002 Name of Owner: Thelma Humphries Tax Map and Lot No(s).: 2S1 02AD, tax lot 1203 Name of Applicant: Thelma Humphries / Magno-Humphries, Inc. Address of Applicant: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Address of Property: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Request ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. Zone: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 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 N Affected governmental agencies ® The affected Citizen Involvement Team Facilitator ® The applicant and owner(s) THE DECIS.I'ON SHALL BE FINAL lJN , 1995 UNLESS A'N .EAL lS FIL'ED Final Decision: 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 $315.00 plus transcript costs, not in excess of $500.00. " THE ::DEAIDUNE'FOR FILING OF AN AI?;PEAL IS 3 3.;0 P M UN 1995. Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CPA 95-0002 MACNO-HUMPHRIES, INC. Thelma Humphries r REQUEST FOR COMMENTS CITY OF TIGARD ! OREGON TO: / DATE: March 16, 1995 FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: (Please provide the following information) Name of Person Commenting: Phone Number: CPA 95-0002 MAGNO-HUMPH RIES, INC. Thelma Humphries gd?EQUEST FOR COMMENT DOO Z NOIWATION LIST FOR LAND USE & DEVELOPMENT APPLICATIONS :........f titEN..ffVYC1iV.EM1"f9] {circle one} CiT Area: (N) (S) (E) (C) " Placed for review in Library CIT Book " CPO NO. XXXX • • r::::::....: G!f>±A. . r --Building Official/Dave Scott -Pulse/Kelly Jennings - eld Operations/John Acker City Recorder/Cathy Wheatley vE~i dng/Michael Anderson -Permits Facilitator/Jerree Gaynor i dvanced Planning/Carol Landsman - ester Department/Michael Miller 4-=V re Marshall ed Sewerage Agency _ Tualatin Valley Water District Wo. County Fire District SWM Program/Lee Walker PO Box 745 (pick-up box) 155 N. First Street Beaverton, OR 97075 Hillsboro, OR 97124 :::•'ti:`::;; :::i::i;:::r;::::::i::;;:;::::::::::::i:::::'r:i:;:::::::i:;::::::::::::ist:::;::;:::;:::::::;;;::;;;:::::;::i:~;::;;:;:;i:::::::2::2:~ ~ ~ r:•:::;:r:t::'~ :::;~:::::::;•;:<.:.2:;::::Rc:•>t.;:;::;>:.::~>:;::::;::;>:. <2::: Wo. Co. Dept. of Land Use & Transportation - Boundary Commission - METRO - GREENSPACES PROGRAM 150 N. First Avenue 800 NE Oregon St. #16, Suite 540 Mel Hule (CPA's/ZOA's) Hillsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue Portland. OR 97232-2736 _ Brent Curtis (CPA's) -State Highway Division _ Jim Tice (IGA'S) Sam Hunaidi - ODOT/Region 1 _ Mike Borreson (Engineer) PO Box 25412 Laurie Nicholson/Transportation Planning _ Scott King (CPA's) Portland, OR 97225-0412 123 N.W. Flanders Tom Harry (Current Planning App's) Portland. OR 97209-4037 _ Lynn Bailey (Current Planning App's) -Oregon DLCD (CPA's/ZOA's) 1175 Court Street, N.E. - Other City of Beaverton Salem, OR 97310-0590 Jim Hendryx - Principal Planner - City of Portland PO Box 4755 -City of Durham Planning Director Beaverton, OR 97076 City Manager 1120 SW 5th PO Box 23483 Portland, OR 97204 _ City of King City Tigard, OR 97281-3483 City Manager - City of Lake Oswego 15300 SW 116th - City of Tualatin City Manager King City, OR 97224 PO Box 369 PO Box 369 Tualatin, OR 97062 Lake Oswego, OR 97034 RECIAC:AGEf tC1E <;•;:•;:«.;:.;;:•;:•::::<:::»::»>::>::»>::>:<:»;>:<~:>;;:.:::•::•:::.>;:.;:.;:.;;:.:;,.>:.;:.;:.::;•;:.;:.;;:•;;:;.;:;::. Po/ _ General Telephone E-rtland General Electric - Columbia Cable Engineering Office Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Road 14200 SW Brigodoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW Natural Gas _ Metro Area Communications/Jason Hewitt -k--Td-Met Transit Development Scott Palmer Twin Oaks Technology Center Kim Knox, Project Planner 220 NW Second Avenue 1815 NW 169th Place S-6020 710 NE Holladay Street Portland, OR 97209-3991 Beaverton, OR 97006-4886 Portland, OR 97232 _ TCI Cablevision of Oregon _ US West Communications _ Southern Pacific Transportation Co. Unda Peterson Pete Nelson Duane M. Forney. PLS - Project Engineer 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Avenue Room 324, Union Station Portland, OR 97201 Portland, OR 97204 Portland. OR 97209 <:.;I _ Aeronautics Division (ODOT) _ Division of State Lands _ S Postal Service Commerce Dept. - M.H. Park Fish & Wildlife Randy Hammock, Growth Coordinator PUC - DOGAMI Cedar Mill Station Dept. of Environ. Quality Portland, OR 97229-9998 ft':: X X: NC1 -Corps. of Engineers - Other \IOQ~ \pp ny\rtCnDllC11 W March 15, 1996 ~ r James R. Nicoli _ Nicoli Engineering CITY OF TIGARD 9025 SW Center Street Tigard, OR 97223 OREGON RE: Magno-Humphries, Inc. - 8800 SW Commercial Street Dear Mr. Nicoli: Based on your letter of March 14, 1996 it is our understanding that Magno-Humphries, Inc. wishes to move its packaging operation from its older building, to its new building approved under CUP 95-02 to provide for better efficiency. The proposed packaging area is to be 2,400 square feet, an increase of 160 square feet of packaging area. In July, 1986, the City Council interpreted that the production aspects of the use were secondary in terms of spatial usage to the warehouse and distribution aspects of the use. The Council, therefore, permitted the vitamin and drug processing use at this location. The existing land use is not changing as a result of the proposal. Parking requirements for packaging are based on employee counts. It is our understanding that no additional employees are required for the packaging use. The present packaging area will become storage area with the movement of packaging to the new building. Parking for storage is based on square footage. Since storage area will not be increased, no additional parking is required for the storage aspect of the operation. There is no increase in floor area as a result of the proposal. As long as the production and packaging aspects of the business are secondary to the warehouse, and distribution aspects in terms of spatial usage as directed by the Council in 1986, movement of the packaging is permissible. Based on the above facts, the proposed modification does not conflict with development code requirements and may be implemented. If you have any questions, please feel free to contact me. Sincerely, Dick Bewersdorff Planning Manager is\dick\nichump.let c: Jim Hendryx Bill Monahan Cfile- a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 _LL 111, 11 W 1W I TI i and Construction Services, Inc. 9025 Southwest Center Street P.O. Box 23784-Tigard, Oregon 97223 (503) 620-2086 - FAX (503) 684-3636 March 14, 1996 Mr. Dick Bewersdorff Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: 8800 SW Commercial St. Magno-Humphries, Inc. Dear Mr. Bewersdorff: Magno Humphries is in the process of occupying their new facility. At the same time they would like to shift some of their workstations to provide better efficiency. Currently the packaging is done in the older building. They would like to move the current packaging operation into the new building. The existing packaging consists of five areas as follows: 1. 16' x 60' 2. 16' x 60' 3. 8' x 8' 4. 8' x 8' 5. 10' x 20' The total, square footage of the existing packaging is 2,240 sq. ft. The proposed floor area in the new building used for packaging will be 4 spaces 10 ft. wide and 60 ft. long. The total area will be 2400 sq. ft. (J rC The area used for packaging will be.1ceedt=d by 160 sq. ft. The area vacated in the older building will be used for storage. We need to know if there are any zoning issues raised by making this move? If you need any additional information please contact me. Sincerel , L am R. Nicoli, P.E. CITY OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Doris Michael, Associate Planner (503) 639-4171 AGENDA: May 28, 1999 TOPIC: Adoption of a resolution to support Magno-Humphries in trying to obtain a loan from the Oregon Economic Development Commission. BACKGROUND: Thelma Magno, owner of the Magno-Humphries, Inc., is hoping to obtain a loan from the Oregon Business Development Fund program so that she may expand her business. Her chances of obtaining a loan improve if she is able to obtain a resolution from the City Council in support of her business expansion. COST: N/A I:\citywide\facts\magno-humphries fact.doc AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Adoption o a resolution to support Ma o Humphries in t in to obtain a loan from the Oregon Economic Develo ment Commission o e and their -business. VfA PREPARED BY: Doris Michael DEPT HEAD OK l /1 ' ~,K MGR ISSUE BEFORE THE COUNCIL Should the Council adopt a resolution supporting a business trying to obtain a loan from the Oregon Economic Development Commission? STAFF RECOMMENDATION Staff recommends that the Council approve the resolution. INFORMATION SUMMARY Thelma Mapo, owner of the Magno-Humphries, Inc., is hoping to obtain a loan from the Oregon Business Development Fund program so that she may expand her business. Her chances of obtaining a loan improve if she is able to obtain a resolution from the City Council in support of her business expansion. Thelma Magno presently owns a vitamin and over-the counter drug manufacturing company located at 8820 SW Commercial Street. She is seeking a loan from the State of Oregon so that she may buy the 1.49-acre parcel on land located at 12970 SW Hall Boulevard in the Light Industrial (L-I) Zone. The SW Hall Boulevard site is across the street and south of the existing facility located at SW Commercial Street, which will be retained. She intends to store raw and finished goods at the existing building(s) located at 12970 SW Hall Boulevard. Since the proposed use is permitted in the Light Industrial Zone, staff believes it is acceptable for the Council to adopt the attached resolution (Attachment 1). ANOTHER ALTERNATIVES CONSIDERED As an alternative, the Council could decide not to adopt the resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATGEY This resolution supports Goal # 4 and Strategy 4.1 developed during the Tigard Beyond Tomorrow process. Goal # 4 states, " Local and small businesses are encouraged as an important part of our community and economy. Strategy 4.1 states, "Retain and assist local businesses." FISCAL NOTES The adoption of this resolution will not financially impact the City. i:\citywide\sum\thelmares I .doc Doris Michael 28-May-99 CITY OF TIGARD, OREGON D 0 RESOLUTION NO. 99- A RESOLUTION REGARDING APPROVAL OF AN OREGON DEVELOPMENT FUND PROJECT PROPOSAL BY MAGNO-HUMPHRIES, INC. WHEREAS, the Tigard City Council finds that the acquisition of the Barry Post site, located at 12970 SW Hall Boulevard in the Light Industrial (I-L) Zone, by Magno- Humphries, Inc. (a vitamin and over-the-counter drug manufacturer at 8820 SW Commercial Street) would foster the economic development in the City of Tigard, WHEREAS, ORS 285.413 requires, before the approval of an Oregon Business Fund project by the State of Oregon, that the governing body of the appropriate local government recommend the project, and WHEREAS, the City Council finds that the acquisition and use of the Barry Post site for the storage of raw materials and finished drug products are permitted under the City of Tigard Comprehensive Plan and is consistent with all applicable local economic development plans, WHEREAS, the Council finds that the completion of the "Barry Post Acquisition" by Magno-Humphries, Inc. would be in the best interest of the citizens of the City of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: The Oregon Economic Development Commission assist in the financing of the Project within the City of Tigard through the Oregon Business Development Fund. PASSED: This day of '1999. Jim Nicoli, Mayor ATTEST: Catherine Wheatley, City Recorder i Acitywide\res\thel mareso.doc Doris Michael 28-May-99 PL CITY of TIGARD GEOGRAGNIC INFORMATION SYSTEM sc°~"s m VICINITY MAP HOC( 00% 1.49 ACRE SUBJECT SITE MAGNO=HUMPHRIES, INC. °~r9 IS INTERESTED IN PURCHASING SUBJECT 00 SITE ST J rn N S R 0 400 800 Feet 1'= 591 feel ARA n City of Tigard Information on this map is for general location only and should be Verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 6394171 httpWw wi.ci.tigard.or.us Community Development Plot date: May 28, 1999; C:Vnagic\MAGIC03.APR 'Sent'By: Bank of the Northwest; 503 417 8885; May-21-99 12:32PM; Page 1 BANrK. Igo 600 PIONEER TOWER ♦ 888 SW FIFTH AVENUE ♦ PORTLAND, OREGON 97204 Phone: (503) 417-8800 ♦ Fax: (503) 417-8888 FAX To: Dick Bewersdorff From: Darren Board Company: City of Tigard Pages: 7, including cover _ Dept: Planning Phone: 417-8820 Fax: 684-7297 Date: 5121/99 Re: Local Government Resolution CC: Attached are three things: 1. The sample resolution sought by the OLDD to approve loam s4ort for the acquisition of the building. 2. A tap showing where the subject building is located at 12970 SW Hall Blvd. The building was purchased by Thelma Magry!gHutnphries, the soon-to-be 100% owner of Magno-Humphries, Inc., a Tigard business located at 8820 SW Commercial Street in Tigard. 3, The first four pages of the OEDD application describing the program and the application process. Plcasc feel free to give me or Dave DaWin at the OEDD a call if you have any questions. Thanks you. o'(' Sent 3y: Bank of the Northwest, • 503 417 8885; May-21-99 12:33PM; Page 2 Attachment H LOCAL GOVERNMENT REVIEW Sample Resolution Before the Board of County Commissioners/City Council for the County/City of In the Matter of APPROVAL OF ) OREGON BUSINESS DEVELOPMENT ) FUND PROJECT PROPOSAL BY ) RESOLUTION (company) ) WIWRFAS, the unty Board of Commissioners/City Council finds that the development of e~(UMject name ordes~tion) by (name of comnanv) . would foster the economic development in QW WHEREAS, ORS 285.413 requires, before the approval of an Oregon Business Development Fund project by the State of Oregon, that the governing body of the appropriate local government recommend the project, and WHEREAS, the Board finds that the Protect is permitted under the QW-Aiun ) acknowledged compre- hensive Plan and is consistent with all applicable adopted local economic development plans, and WH1:.lMAS, the Board finds that the completion of within the County/City of would be in the best interests of the citizens of County/City. IT IS HEREBY RESOLVED: That County/City requests the Oregon Economic Development Commission to assist in the financing of the Project within the City/County of , through the Oregon Business Development Fund. Dated this day of ,19 - county Board of Commissioners/City Council an yor Commissio-n-erTc-*uncilor Commi ssloner/Councilor Sample Resolution supplied by., Oregon Economic Development Department 77S Summer Street NE Salem, Oregon 97310 (S03)98"172 Sent-By: Bank of the Northwest; 503 417 8885; May-21-99 12:33PM; Page 3/7 3Jr MAPLELEAF SW f < St ► OA k ST SW ' . PINE SW SW OR cr SW Y SPACE ~'~I~fl 51t 7 PL SW 'I so U TA LLi 4T. oc G f PFAFFLE 5T w'. `~rT Sint LEWIS LN T ST ; • ; SCI t EL ' TANSELA a y r. AA;i' moor ST t,~'~~c ALL PK Sif SW Amr SEE 'F H3 'P a.: ' _ I s1 60111 CIA vs P 2 5W 59TH tIR i• r-+ l LIS tI~S'[1tIE1t. . Sm g► + is ~ ~ c~/T ~ Srl ' k #~R,:~: ; Q ° SW ED6EY000 $ Sit s $Ah ST 5W ¢ HIILVIEY J0 6 51i SM TE,~ y'CEHTER > s t CT W MCDONALD ST ~ R =ELI 470MO I . •u~ ~ ~ ai nog sr ELJ~SE - $j ,m cmvr". t, NEIGHBORHOOD MAP 99MC-114 MUELLER AND COMPANY, INC. 24 Sent-By: Bank of the Northwest; 503 417 8885; May-21-99 12:34PM; Page 4/7 Oregon Economic Development Department • 775 Summer Street NE • Phone: (503) 486-0172 Fax: 581-5115 Oregon 8uslness Development Fund Application--Business Program 0_ P >Jon Overview: Activities which are expressly ineligible Include: The Oregon Business Development Fund (OBDF) is a statewide revolving loan fund Construction of office buildings, administered by the Oregon Bconomlc including corporate headquarters; Development Department. The OBDF has received capitalixatlon from the federal • Retail businesses, shopping centers or F=nomicc Development AdminiMation, food service facilities. State General Fund and the Oregon State Lottery. Manufacturing, processing and The maximum loan term is 20 years or the regionally significant tourists projects are useful life of the asset being financed. The eligible. The OBDF provides long term, OBDF will provide only permanent or "take- fixed rate financing for ]and, buildings, out" financing. Other terms are: equipment and machinery, and perma. vent working capital. • The interest rate will be one percentage point more than the prevailing interest Program guidelines Include: rate on U.S. Treasury issues of a similar maturity. • Maximum loan Is forty percent of eligible project cost,; . OBDF loans may be strbordiriated to other project financing. • A private lender is required for a portion of the project; OBDF loans must be fully secured. • Refinance of existing debt is generally • Additional security may be required ineligible: (e.g., life insurance, personal guarantees and off-project assets). • Individual OBDF loans may not exceed $500,000 per project; • In most cases, an equity injection of at least ten percent will be required. • The fund gives preference to projects which will create a minimum of one • Working capital equity contributed by job per every 515,000 of OBDF the applicant or related parties cannot Investment. be considered part of the project. • OBDF may not supplant other sources Application of economic development 6naaWng. Process The OBDF is designed to complete Applkarfavr ProceQrrrt a financing pana~ ry and financing h Prospective borrowers from the Oregon maximized. Business Development Fund must complete an application and submit it to the Oregon loans can be made directly to private Economic Development Department Individuals, partnerships and for-profit approximaWy three weeks prior to a and non-profit corporations located in regularly scheduled meeting of the Finance Oregon- The program laces particular Committee for the Oregon Economic emphasis an rural area , enterprise rml s Development Commission. Generally, these and on businesses with fewer than 50 settings are on the third Tuesday of each employees. _ month. Application materials must be complete, including all necessary attach. merits and required signatures of company Sent-By: Bank of the Northwest; 503 417 8885; May-21-99 12:35PM; Page 5/7 officials. A complete application will kelp expedite loom processing time. The prospec- Certain other records the Department may keep • tive borrower must have required private confidential, under certain circumstances. financing commitments In place and These include, but are not limited to: reports necessary local government resolutions obtained in confidence from creditors, employ- prior to the Finance Committee meeting. ers, customers, suppliers; financial statements, Applicants should coordinate with the tax returns, business records, employment staff of the Economic Development history and other personal data submitted by Department relating to scheduling of the applicant; formulas, plans, designs of applications on the next Finance Corn related information which constitute trade mittee meeting agenda, tithing of local secrets under ORS 192.501(2); customer lists; government resolutions, private commit- production, sales or cost data; and marketing ment letter, appraisals and other required strategy information. application information or documenta- tion. Loans under f 50,000 may be If an applicant desires Infwmation be eonfiden- approved by the Director of the Eco- tial, the applicant should clearly Identify what nomic Development Department. intormatiab or documents it wishes to be kept confidential. Although the Department will Feet attempt to keep the information submitted oonfIdentiai, it cannot guarantee Confidentiality Oregon statutes require that a $100 in all cases. The applicant may with to consult application fee accompany this applica- Additional with its own attorney or discuss applicable tion. Approved loans will also be charged Program statutes with the Department staff. one and one-half percent of the OBDF loan amount at loan dosing, and all loan Information Col/owa/ Stondards dosing costs associated with the project. Loan fees can be included in the total Statutes governing the Oregon Business Devel- project amount. opment Fund allow the OBOF to subordinate its security interest to commercial lenders involved Loam Pathaging in a project; however, these statutes also requite that the Department obtain good and sufficient A number of local development groups collateral for OBDF loans. Tangible value In around the state have contracts with the land, building or equipment must secure an Economic Development Department to OBDF loan. On real estate with cutrmt apprais- prepare loan packages for the Oregon als from a certified appraises, the Department Business Development Fund. The will consider loans of up to 80% loan to value Department may reimburse these local Advance ratios on equipment are dependent on development groups for loan paduging quality of recent appraisals, type of equipment work. Please contact the Department being financed and recent transaetloa prices of staff if you need assistance in loan similar equipment. Additional security maybe COnfidentlali packaging' required for OBDF loans, such as assets owned tY by company principals personally or other off- Statement Information In financial statements project assets. Personal guaranties and assign- submitted to the Department are subject meat of life insurance are required as a general to public records law, ORS 192.410, rule. In most cases an equity injection of at least 192.420 and 192.501, 192.502 and 10 percent will be required. Startups will 192.505. Certain information in the generally require at least 30 percent. Department's possession may be made available for public inspection after an First Source Hiring Agreements application for financial assistance is received. This information includes the Companies obtaining funds from the lottery names of the applicants, including portion of the Oregon Business Development principals; the amounts, types and Fund must enter into aFirst Source Hiring general terms of fiimancial assistance; agreement with a local job training program. description. of project and business Prior to closing the loan, the company must beneiltting from financial assistance; enter into an agreement to accept referrals for number of jobs projected or sawed in new job openings in their company from a job connection with the projects and the training agency located in their area. This names of the financial Institutions requirement does not apply to, OBDF loans of participating in the process. Sent`By: Bank of the Northwest, 503 417 8885; May-21-99 12:35PM; Page 6/7 . S50,000 or less. Employers may benefit Tax returns may be required. These state- ments must be signed. from these agreements by receiving training funds for new employees, a Attachment C. Affiliate Statements: screening and referral source of new applicants and other specialized training Provide a listing of all affiliates or subsidiar- packages from a job training agency. ies and the last three years balance sheets ! t and profit and loss statements on each. Supplanting ' A ttachmenr D. Pro Farman: ' The purpose of the OBOF is to encourage commercial or private lenders to assist StibiMr-rwo-years of pro forma financial small business. OBDF may not supplant statements. Pro formal must include: these funds. Applicants and lenderswill balance sheets, income statements and cash be asked to provide information as to the flow statements and must be supported by maximum amount they are able to lend notes and justifiable assumptions. A cash or contribute for the project. flow pro forma must be monthly for a minimum of twelve months or until a Local Govemment Review sustained positive monthly cash flow is reached. Prior to approval by the Finance Commit- tee, companies must obtain a resolution Attachment E. Project Plans: from the city or county in which the project is located. If the project is located Please attach plot plan and/or drawings of within the city limits, the company must the proposed project. Attach map of the obtain a resolution from the-city. If the project site. project is located outside the city limits, a county resolution is required. A sample Attachment F. Management: resolution is attached as Attachment H. Provide an organization chart of the com- pany showing key position and functions.. Attachments The applicant must attach the following ! Attach resumes of key management. attachments (please label accordingly) and complete the general information Attachment G. Litigation: sheet. If an attachment or specific information request does not apply, Provide summaries, including descriptions please state "Does not apply". and current status, of any legal proceedings, -bankruptcies, consent decrees, orders, Attachment A. Historical Finantiols: investigations, unasserted claims or suits against the applicants, any affiliates or Provide the prior three years of financial guarantors and all principals with ten statements, if available. At a minimum percent or more ownership, which are this history must contain: balance sheet, currently pending or threatened or which income statement and changes In finan- were concluded in the ten years prior to the cial position statement, with accountant date of application. notes and assumptions. Audited or Attachment H. Local Government reviewed statements are preferred, however, other statements may be Resolution: acceptable if supported by tax returns. Interim financial statements should also Attach required resolution in appropriate be included so that the most recent form (attached) from appropriate local statements are within ninety days of government. application. All statements must be signed by a company officer. Attachment B. Personal Financials: Provide the most recent personal financial statement for each principal owner (owning 20 percent or more of the stock I or partnership units) and all guarantors. i Sent/ By: Bank of the Northwest; 503 417 8885; May-2 99 12:36PM; Page 7/7 Attachment 1. Private Leader(s) Commitment: . Please attach commitments from pdvate lenders investing in the project Commitment should include term, rate, collateral, guarantees, any additional con& tions and a statement that the amount offered is the nuudmum the private lender will provide for this project. Attachment 1. Collatftsl wad Appraisals: The Department may require appraisals as a condition of a loan consideration ar approval. U an appraisal is available, plem provide it at this time. please provide any tax aswument statements on project property or an collateral being offered for the loan. Attachment K Long Term Debt: Please attach schedule of twang . Term Debt on the enclosed form. Attachment L. Project Asstimme Stattnent: Please attach project assurance statement (form attached). CBIC # 4FDate: 1/10197 CONTRACTORS BONDING AND INSURANCE COMPANY STATUS PRINCIPAL: MAGNO HUMPHRIES BOND NO: S20856 CONTRACT AMOUNT $11,500.00 DESCRIPTION: CONSTRUCT LANDSCAPE IMPROVEMENTS CUP 95 0002 CITY OF TIGARD 13125 SW HALL BLVD. TIGARD, OR 97223 CONTRACTORS BONDING AND INSURANCE COMPANY is Surety on the above Bond. We appreciate your cooperation in providing the information requested below, and returning the form to us so that we may have current status information on the captioned job. A business reply envelope is enclosed for your convenience. Thank you for your assistance. Very truly yours, TOM DYMENT 01/07/97 IF THE CONTRACT HAS BEEN COMPLETED: 1. Completion date? Estimated 9/96 Date of final acceptance or expected final acceptance? 1/9/97 2. What date does contractual warranty period end? Pl Pa GP di cc11aG with Magna-HUalphriPs 3. Final contract price? (Including applicable taxes) " Has full amount been paid? 4. Was the work satisfactory? Yes Have all labor and material bills been paid? Please discuss with Magno-KiiV. IF THE CONTRACT HAS NOT BEEN COMPLETED: 1. Percent of work completed to date? N/A "-Pl lid discuss, w; h Magno-Hump h ; s - 2. Total amount paid to the Contractor to date $ " Amount of retainage held? $ " 3. Is the Contractor paying his labor and material bills? Anticipated date of completion? 11 4a. Is the work progress satisfactory? b. Is the quality of the work satisfactory? " 5. If the answer to No. 4a or 4b is no, please explain: 6. Please provide any other information you feel would be helpful in evaluating the contractor Firm: City of Tigard REPLY TO OFFICE By: Mark Rnh t-a, AGGnci ate P1 annPr MARKED BELOW Date: 1/10/97 (Title) Address: 13125 SW Hall Boulevard Tigard OR 97223 Telephone: (503) 639-4171 . , ❑ Home Office: 1213 Valley Street, P. O. Box 9271, Seattle, WA 98109-0271, (206) 622-7053, (800) 765-CBIC, (206) 682-1558 FAX ® Oregon: 1827 NE 44th Ave., Suite 100, P. O. Box 12053, Portland, OR 97213-0053, (503) 287-6000, (800) 926-2242, (503) 287-6100 FAX ❑ Nevada: 6600 W. Charleston Blvd., Suite 132, P. O. Box 26990, Las Vegas, NV 89126-0990, (702) 878-CBIC, (800) 727-CBIC, (702) 878-7011 FAX ❑ Arizona: 2201 East Camelback Road, Suite 505B, Phoenix, AZ 85016, (602) 956-6000, (800) 866-CBIC, (602) 956-6700 FAX, (800) 284-2770 National FAX ❑ North Carolina: 2828F I-85 South Service Rd., Charlotte, NC 28208, (704) 391-1011, (800) 695-CBIC, (704) 391-1015 FAX ❑ Spokane: N. 901 Monroe, Suite 340, Spokane, WA 99201, (509) 326-2244, (800) 368-CBIC, (509) 325-4462 FAX ❑ Florida: 200 South Harbor City Blvd. Suite 402, Melbourne, FL 32901, (407) 722-1723, (800) 372-CBIC, (407) 722-1726 FAX ❑ Burlingame: 875 Mahler Rd., Suite 202, Burlingame, CA 94010, (415) 692-6180, (800) 945-CBIC, (415) 692-6182 FAX ❑ Laguna Hills: 23172 Plaza Point Dr., Suite 185, Laguna Hills, CA 92653, (714) 770-9733, (800) 274-CBIC, (714) 770-9805 FAX UndSR1S.06US020592 0:Uv115\CREA7E\F0RMS\BF0000I0.FRM 05.04.95 a s MAGNO-HUMPHAIES LABS, Inc. Manufacturers of Optimum , Food Supplements' P.O. Box 230626 • Tigard, Oregon 97281 , .MAR 10 1005 Lti LJ - - March 7, 1995 Dear Mr. Monahan, We would like to take this time to thank you for your call last Friday. We really appreciate the time and effort you are put- ting in on our behalf. Our needs are very important to us at this time and we are looking forward to staying in Tigard. Our engineers are submitting technically complete plans to your staff today. We appreciate your early response in review- ing our papers. We would also like to confirm that we are scheduled for the hearing with the City of Tigard on April 11, 1995. Again, thank you Bill. Sincerely, Thelma-Ma o Hum ries 'Aj PHONES 1-800-935-6737 503-684-5464 FAX 503-639-3161 P. 114 SEP 27 '95 02:09PM ALPHA ENGINEERING *ALPHA ENGINEERING,&C. 9600 S.W. 0A (0 SUITE 230 PORTLAND, OR 97223 (503) 452-8003 FAX: (503) 452-8043 o C FAX COVER SHEET L DATE: 15 P; /pc/,~z , 4 1 TIME: C2 4,~ _ T0: FAX NO. JOB NO. RE: FR0M:Z.;1-: Number of pages (including cover sheet). COMMENTS: ZI 7V formnfaxiong.frm SEP r27 i 95 02I. e&4 IM ALPHA ENGINEERING~ION csC 57&L BLDG'S GI6SBY colVS77t P 2i,4 uu= *EL 17.00*Louise,Avenue • Lathrop. CA 95330 c c BUILDINGS Tel: (209) 983-4910 - Fa= (209) 855-2354 i. . y Irv d doo ~C 1 00 i •S J r' 4 .MJ. w.r I .1. ,f„ S ,j," GRIGbbx a4 * TION CRC STSEt: B1~G~ AWN „g2;10P~ ALPHA N SIN ERING CA 95334 SEP 27 i 95 ; M ' LO~isB AvPtlue • lathrop~ B llrft R EL et;(209~ 9R3-091~ • Fax: (209 858-2354 BUILDINGS - ' A, t co VON V1,i` ...-r.rn '.i4 i nt•' "A"uAr-t . ' ~ro,r a yr"~. aL/V J -►+•s • V{ilWSi bY1rJ~~ P. 4/44 vy YVd SEP 27 '95 02:10- M ALPHA ENGINEERMTION . O EL ;1700ouise Avenue • Lathrop, GA 95930 BUILDINGS ,Tel: 209) 983-0910 • Fax: (209) 866-2354 i' n ILI OF TIGARD ' October 16, 1996 CITY GON ORE Jim Nicoli Nicoli Engineering & Construction Svcs., Inc. 9025 SW Center Street PO Box 23784 Tigard, OR 97223 Re: Magno Humpries Use of Existing Floor Space Dear Jim: Upon further review, the Director has determined that no additional Minor Modification review is necessary to utilize the existing floor space for the purposes outlined in your October 10, 1996 letter. The number of employees on the largest shift is the factor used to determine parking requirements for the Magno Humpries processing and assembling use. The existing floor area can be utilized for this purpose where the largest shift does not exceed the 95 parking spaces that are existing on the property. At this time, the allowable 20% reduction in the required number of parking spaces does not appear necessary due to existing transit facilities. This is because the largest work shift does not exceed the total number of existing parking spaces. Please accept my apologies for any confusion in the necessary review process to make this change to the site. Also, please feel free to contact me concerning this information. Sincerely, ip j Mark Roberts Associate Planner, AICP i:curp1n/mark_dmagno2.doc c: Dick Bewersdorff CUP 95-0002 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Ili Mill lill Ii I -1 1W and Construction Services, Inc. 9025 Southwest Center Street P.O. Box 23784-Tigard, Oregon 97223 (503) 620-2086 - FAX (503) 684-3636 October 10, 1996 Dick Bewersdorff, Senior Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Magno/Humphries Dear Mr. Bewersdorff: Attached are 2 pages of drawings. Within the past year we enclosed the package line ceiling. Per our agreement we did not occupy this 2°d floor space. We would now like to incorporate this space into the product flow. This area will be used to store pills waiting to be packaged and empty containers waiting for the pills to be packaged in them. There will be no additional employees hired due to usage of this area. As a result of work flow the package lines have all been replaced with fewer employees operating machinery. If parking is a consideration we would like to consider the transit exception. During both the original construction and the remodeling we did not consider the fact that this site is on'a bus route and within close proximity to a transit station. Several employees at the site do ride the bus. In fact, the single biggest reason Mrs. Humphries did not want to relocate is because of the transit location. The only physical construction is that we will be installing guard rails and 2 stairways. The platform area is 3600 square feet. At this time there has been questions as to the proper procedure we need to follow to get the necessary approvals. The platform area was designed to hold the intended load. We simply need direction to the proper planning steps to follow. In discussion with one of your staff members there was some question to the proper procedures. t4o October 10, 1996 Dick Bewersdorff-City of Tigard Magno/Humphries If you have any questions regarding this project please contact me. Your help in this matter would be greatly appreciated. Sincerely, 01 v w`' 11,135 r OAEGON James R. Nicoli N \ 17, v ~~FS R. N%G~ enclosures EXPIRES: 12-31-96 JRN:jh ALPHA ENGINEERING INC. PLANNINGA DEVELOPMENT SERVICES A SURVEYING March 10, 1995 Mr. Mark Roberts City of Tigard Dept. of Community Development 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Magno-Humphries Warehouse Job No. 293-003 Conditional Use Application Dear Mark: The following is offered in support of our application for a conditional use permit on the above referenced project. Pursuant to our pre-application conference, I would like to respond to a number of specific issues: 1) Zoning District Dimensional & Setback Requirements: There are no minimum lot size requirements. The building has the required 45' setback from Hall Blvd. and meets all other setback requirements. Adequate area exists for the needs of the proposed use and for aesthetic design treatment. Total site coverage is 83.5 % for all existing and proposed buildings which is within the maximum 85 % allowed. The remaining 16.5 % will be landscaped, and exceeds the minimum 15 % requirement set forth in Chapter 18-64. Maximum building height will not exceed 40'. 2) Parking & Access: The existing access drive width has been increased to 40' to better accommodate the turning radii of the large trucks which service this facility. The total proposed building square footage is 39,072 square feet of which approximately 2000 square feet is office space. A total of 47 parking spaces have been provided which meet the requirements for both office and warehouse facilities. 40% (19 spaces) have been designated as compact and three as handicapped. Pedestrian access to Hall Blvd. will be provided by a sidewalk constructed in conjunction with the improvements to S.W. Commercial Street. It should be noted that, due to grade constraints, the sidewalk will need to be curbside. PLAZA WEST • SUITE 230 A 9600 SW OAK A PORTLAND, OR 97223 A 503-452-8003 • FAX 503-452-8043 Mr. Mark Roberts March 10, 1995 _ Page Two 3) Landscaping, Buffering & Screening Street trees have been provided along the Commercial Street frontage and will be spaced approximately 30 feet apart. A minimum of one tree per seven parking spaces will be provided. Additional shrub Material will also be planted to help screen the parking lot from Commercial Street. Given that the surrounding uses are all CBD, no buffers are required. Additional shrub plantings should effectively screen the loading area adjacent to Commercial Street. 4) Additional Comments or Concerns: "A detailed narrative will need to be provided. The Transportation Planning Rule will need to be addressed as it relates to transit and pedestrian accessibility due to the transit-served nature of Commercial Street and Hall Blvd. Please review Tri-Met's previous comments concerning the recent major modification approved for the building addition. " As stated previously, a five foot wide sidewalk is being provided in conjunction with the Commercial Street improvements. Pursuant to OAR Chapter 660, Division 12, Subsection 3, "facilities are to provide safe and convenient pedestrian and bicycle access within and from industrial parks to nearby residential areas, transit stops This shall include sidewalks and bikeways along arterials and major collectors..." The sidewalk provided meets the intent of the Transportation Planning Rule in that it provides for direct bicycle and pedestrian access to Hall Blvd. It should be noted that Tri-Met's recommendation for a sidewalk separated from Commercial Street by a four foot wide landscape buffer cannot be accommodated due to the elevation difference between Commercial Street and the existing parking lot. Subsections 4 and 5 are directed primarily at providing transit facilities and access for office, commerciahretail and industrial uses. The proposed warehouse has less than 4 % of its total area allocated to secondary office use and therefore these sections are not applicable. 5) Commercial Street Improvements: Much discussion has taken place regarding the street improvements and how these improvements ould be funded (see plan attached). Requirements for two-thirds street improvements as outlined at the pre-application conference consist of twenty feet of pavement, sidewalk, plus twelve feet on the opposite side. Mr. Mark Roberts March 10, 1995 PAge Three There is a requirement for placing the existing overhead utilities underground. One major issue has centered around the lowering of Commercial Street and the removal of "the hump" in order to provide the required visual sight distance for this street classification. Pursuant to our discussions with City Staff, the applicant is requesting that the City, 1) petition the City Council to form a Local Improvement District (L.I.D.), or, as an alternative, 2) the applicant would pay a "fee-in-lieu" for her share of the improvements. Our preferred option would be the formation of the L.I.D. where the applicant would assume the cost for her one-half share of the improvements and the City participates along with adjacent property owners to implement the remainder. The applicant also requests that engineering fees accrued to design the Commercial Street improvements be credited against any assessments. 6) T.I.F. Credits: The applicant is also requesting that Traffic Impact Fees assessed against this development be applied to the Commercial Street improvements. We predicate this request on the fact that the requirement for removing "the hump" on Commercial Street is based on a need to correct a hazardous condition which currently exists. It is our understanding that, even though Commercial Street does not have the required status, these funds may be applied for this purpose. 7) Public Improvements: Sanitary Sewer: There is a existing 8" sanitary sewer located in Commercial Street which will accommodate the proposed facility. Water: There is an existing water line located in Commercial Street which will accommodate the proposed facility. Storm Sewer: Storm drainage from the existing building and parking lot currently discharges into an existing drainage ditch located in the Southern Pacific R.O.W. adjacent the South Property line. Mr. Mark Roberts March 10, 1995 Page Fdur Pursuant to discussions with the city engineering department, the applicant has been informed that a water quality/detention facility is not required since the drainage condition existed prior to this application. The actual amount of impervious surface and pollutants has actually been reduced with the current development plan. Drainage from both the roof system and parking lot areas will be intercepted and chanelled into the existing drainage swale at approximately the same location as is currently existing. Summary: All required public facilities are available to serve this development as proposed. All applicable standards of the zoning district are met by this application and the proposed use complies with the site development standards set forth in the City of Tigard Development code. In addition to this statement, I have also attached the required plans and documentation as required. If I need to provide any additional information, or offer clarification on the materials submitted, please let me know. Sincerely, ALPHA ENGINEERING, INC. Mark B. Ferri Director of Planning 1:\293-00MW P\STMT.MBF CITY OF TIGARD OREGON 1 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: That I am a Senior Office Assistant for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: X That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission X Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 16th day of May, 1995; said NOTICE OF PUBLIC HEARING/NOTICE OF DECISION/NOTICE OF FINAL ORDER as hereto attached, was posted on an appropriate bulletin board on the 16th day of May, 1995 and deposited in the United States Mail on the 16th day of May, 1995, postage prepaid. r ~ 2repared Notice Subscribed and sworn/affirmed before me on the day of 19~J. OFFICIAL SEAT. MANE M. &AM," NOTARY PUBLIC-OREGON COMMRSSIONNO-008977 NOTARY PUBLIC EGO My COWMINOM EXIMES PT. 7, d My Commission Exp es: FILE INFO.: (NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER CUP 95-0002 MAGNO-HUMPHRIES ADDITION CITY OF TIGARD EXHIBIT A Washington County, Oregon NOTICE OF FINAL ORDER a BY HEARINGS OFFICER Concerning Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0002 Name of Owner: Thelma Humphries Tax Map and Lot No(s).: 2S1 02AD, tax lot 1203 Name of Applicant: Thelma Humphries/Magno-Humphries, Inc. Address of Applicant: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Address of Property: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Request ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. Zone: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 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) THE DECISION SHALL BE FINAL ON MAY 31;1995 UNLESS AN APPEAL IS FILEDD.: Final Decision: 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 $315.00 plus transcript costs, not in excess of $500.00. THE DEAbLINE FORFILIN:G OF:AN APPEAL IS 330 P M ON MAY 31, 1995 : : Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CPA 95-0002 MAGNO-HUMPHRIES, INC. NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a conditional use permit ) FINAL ORDER for a warehouse in the CDB zone ) for property at 8800 SW Commercial Street ) CUP 95-0002 in the City of Tigard, Oregon ) (Magno-Humphries) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to build a warehouse for use in conjunction with existing food and vitamin production facilities at the intersection of Hall Boulevard and Commercial Street. The site now contains a roughly 20,000-square foot building used for the business. A roughly 4000-square foot addition was approved in CUP 94-0005. The applicant now proposes to develop an additional 14,335-square foot building and associated parking and landscape improvements for the business. A warehouse is a conditional use in the Central Business District ("CBD") in which the property is situated. A public hearing was held April 24, 1995 to review the application. City staff recommended conditional approval. The applicant accepted the recommendation with exceptions. Two other persons appeared in favor of the application. The owner of the apartments across Commercial Street testified with concerns about increased noise from the site. The hearings officer held open the record one week at the applicant's request. The hearings officer approves the conditional use as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section 11 of the City of Tigard Staff Reported dated April 14, 1995 (the "Staff Report"), and the agency comments in Section III of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the City of Tigard Staff Report dated December 6, 1994. IV. HEARING AND RECORD -1: 'Hearings Officer Lang Epstein received testimony at the public hearing about this application on April 24, 1995. The hearings officer held open the record until May 1. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. City planner Will D'Andrea testified for the City. He summarized the Staff Report. 3. Mark Ferris testified for the applicant. He noted the Staff Report incorrectly identified the size of the building as 15,000 square feet. In fact, it will only contain 14,335 square feet. He discussed the proposed number of parking spaces in relation to the size of the building and its allocation to particular tasks. He requested that the hearings officer hold open the record for seven days to allow submission of revised plans showing the allocation of space in the building as it relates to parking requirements and to allow the Page I Hearings Officer Final Order CUP 95-0002 (Magno/Hwnphries) applicant to prepare revisions to the proposed findings in the Staff Report. He accepted the conditions of approval recommended by city staff except condition of approval 61, which requires 56 parking spaces. He agreed to a modification of the condition to require such lesser number of spaces as may be required by the City Code based on the final allocation of space in the building. 4. City engineer Michael Anderson testified that condition of approval 4 should be deleted, because there are no overhead lines abutting the frontage of the site. He testified that the applicant should not be required to do a traffic study as originally requested by ODOT, because ODOT made its request based on a mistaken belief that the site was not developed. But he noted that the applicant will make frontage improvements to Hall Boulevard, and that the applicant should obtain a permit from ODOT for those improvements. A condition to this effect should be added. 5. West One Bank manager Pam Benson and accountant Mike Marr testified in favor of the application. 6. John Bookout, who owns apartments on the north side of Commercial Street, testified with concerns about noise from the new building or parking lot. 7. After the hearing, Mr. D. Andrea submitted a memorandum dated April 27 in which he recounts that the applicant submitted a revised floor plan for the existing and proposed buildings on the site, and staff had concluded that the number of parking spaces to be provided on the site complies with City standards. Therefore he recommended the hearings officer delete condition of approval 6(f) and 6(g) and revise condition 6(i) to allow a maximum of 18 compact spaces. V. EVALUATION OF REQUEST The hearings officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the Staff Report. The hearings officer adopts the April 17 memorandum in place of finding IV.A.7 in the Staff Report regarding parking requirements to the extent they conflict. Conditions of approval should be amended as discussed at the hearing and in the April 17 memorandum. VI. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and surrounding area. He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. VII. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed conditional use permit complies 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 and with conditions of approval warranted to ensure such compliance occurs. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of effect agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-0002, Page 2 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) subject to the conditions of approval recommended in Section V of the Staff Report with the following amendments: a. Conditions of approval 4 and 6(f) and 6(g) are hereby deleted. b. Condition of approval 6(i) is hereby amended to allow a maximum of 18 compact spaces rather than 22 and to state that 45 total spaces are required. c. Condition of approval 9 is hereby added to read as follows: The applicant shall submit a permit or other written authorization from the Oregon Department of Transportation (or evidence satisfactory to the city engineer that a permit or authorization is not required) before undertaking any construction on Hall Boulevard. DATED this 11th day of May, 1995. i Larry Epstein, P City of T'gard e as Officer Page 3 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Thelma Humphries STAFF REPORT to allow the development of a 15,000 square foot CUP 95-0002 warehouse building on a site with an existing warehouse and food processing use. I. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0002 SUMMARY: A request for Conditional Use approval to allow the construction of a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street (WCTM 2S 1 02AD, Tax Lot 1203). The southwest corner of SW Commercial Street and SW Hall Boulevard APPLICABLE LAW: Community Development Code Chapters 18.66.040, 18.66.050, 18.96.020, 18.100.015, 18.100.030, 18.100.035, 18.100.110, 18.102, 18.106.020(P), 18.106.030(D)(2), 18.106.020(0),18.106.040(A)(1), 18.106.050(N), 18.106.080,18.108.050(A),18.108.080,18.114, 18.116, 18.120, 18.130.040, 18.130.150(C)(26), 18.150, 18.164.030(A) and (E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 5.1, 7.1.2, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel • II. SITE AND VICINITY INFORMATION A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development Review approval in 1982 which added 1,920 square feet. In July of 1986 the City Council heard a zoning interpretation of the conditional permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use, a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. In December of 1994 Conditional Use Permit (CUP 94-0008) was approved to allow a request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. B. Site Information and Proposal Description: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. The property is developed with a 24,072 square foot industrial building and 95 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. C. Vicinity Information: Property to the north is developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the City of Tigard Water Department facilities. III. AGENCY COMMENTS HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page2 1. The City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. 2. The City of Tigard Water District states that an additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 3. The Oregon Department of Transportation states that ODOT recommends the applicant provide a traffic study to determine the potential impacts to SW Hall Boulevard. 4. GTE states that the developer is to provide conduit to GTE's specifications. 5. The City of Tigard Building Division, City of Tigard Police Department, City of Tigard Maintenance Services, Tualatin Valley Fire and Rescue, Unified Sewerage Agency, Portland General Electric, have reviewed the proposal and have offered no comments or objections. IV. EVALUATION OF REQUEST A. Community Development Code: 1. Chapter 18.66.040 lists Wholesale, Storage and Distribution as a Conditional Use in the CBD zone. Chapter 18.66.050 states that there is no minimum lot area and no minimum lot width requirement in the CBD zone. There are no setback requirements except 30 feet where a commercial use within the district abuts a residential zoning district. This property does not abut a residential zone, therefore there are no applicable zone setbacks. The applicant proposes to build a structure of 30 feet in height, well under the maximum 80 feet. The minimum landscape requirement is 15 percent. The applicant is providing approximately 12,937 square feet (16.5%) of landscaping, thereby satisfying this criteria. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page3 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide adequate area for the needs of the proposed use; 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. This proposal is consistent with the applicable approval standards. The site will provide adequate area for the construction of the proposed warehouse. Site characteristics are suitable for the proposed warehouse as there are no significant trees, water courses, wetlands or other natural features on the site. Adequate public facilities are available to serve this proposal. Compliance with the applicable zoning district requirements, site development review and Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the analysis presented within this report and review process. 3. Section 18.130.150(C)(26) contains the following additional Conditional Use criteria for Wholesale, Storage and Distribution: a) The lot area and dimensional requirements of the underlying zoning district shall apply; and b) Additional requirements shall apply as required by the underlying zoning district. Dimensional requirements are satisfied as discussed above. Compliance with additional code requirements shall be satisfied as presented within this report and review process. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page4 4. Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.80 (Planned Development), 18.92 (Density Computations), 18.94 (Manufactured/ Mobile Home Regulations), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under section 18.120.180.A.1. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The overall site is currently developed and does not contain natural drainage or existing trees in need of preservation. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as the proposal does not abut a different use as outlined in the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. A revised plan shall be submitted which shows how the mechanical devices on the roof shall be screened, year round, from adjoining properties and the public street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pages Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan for the perimeter of the building and parking lot shall be submitted for review and approval. 5. Section 18.100 contains standards for landscaping and screening. a. Section 18.100.015 requires that the applicant submit a landscaping plan, and that the approval standards are the applicable standards contained in Section 18.100 and which are listed below: b. Section 18.100.030 (Street Trees) states that all development projects fronting on a public, private street, or a private driveway more than 100 feet in legth shall be required to plant street trees in accordance with the standards in Section 18.100.035. Section 18.100.035(A) requires that landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in subsection 18.100.035(B). Section 18.100.035(B) requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium, or large). The preliminary plan indicates the provision of 7 red maple trees spaces approximately 27 feet apart along the frontage of SW Commercial Street, thereby satisfying this requirement. The plan also indicates that the trees shall be planted with a caliper of 1.5 inch whereas the code requires a minimum 2 inch caliper. A revised plan shall be submitted which provides for minimum 2 inch caliper street trees. C. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Section 18.100.110(A) (Screening of Parking and Loading Areas) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page6 effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. In an effort to meet the basic requirement of providing the required canopy effect, the site plan shall be revised to provide an additional (2) parking lot tree and shall be located in the area adjacent to SW Commercial Street. Section 18.100.110(B) and (D) (Screening of Refuse Contianers and Service Facilities) requires that such facilities be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. A revised site plan shall be submitted which indicates how the garbage enclosure is to be screened. 6. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A revised landscape plan shall be submitted which indicates the landscape material in front of the existing building. Compliance with vision clearance criteria shall be satisfied upon review of the revised landscape plan. 7. Section 18.106 (Off-Street Parking and Loading) contains standards for parking and loading. a. Section 18.106.030(D)(2) (Parking) requires that one parking space be provided for each 1,000 square feet of gross floor area within warehouse (plus 1 space per 200 square feet of office area). The proposed building requires 14 spaces based on approximately 14,300 square feet of warehouse and an additional 3 spaces based on approximately 700 square feet of office, for a total of 17 required parking spaces. Conditional Use (CUP 94-0008) required 39 spaces for the existing building and addition. The site therefore requires a total of HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 56 parking spaces to accomodate both the existing and proposed uses. The site plan shows the provision of 49 parking spaces. A revised site plan shall be provided which provides the required 56 parking spaces. b. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires 4 disabled parking space if 51 to 75 parking spaces are provided. A revised site plan shall be submitted which provides for an additional handicapped parking space. C. Section 18.106.050(N) requires that artificial lighting on all off-street parking facilities shall be designed to deflect all light so as not to create a hazard to the public use of any road or street. The applicant shall submitt a lighting plan in compliance with this standard. d. Section 18.106.020(0) (Bicycle Parking) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not -be located within parking aisles, landscape areas, or pedestrian ways. This proposed building requires 17 parking spaces, therefore one (1) bicycle parking space shall be provided for this building. A revised site plan shall be submitted which shows the provision of one (1) bicycle parking space. e. Section 18.106.040(A)(1) (Compact Car Spaces) allows up to 40% of the required parking spaces to be compact. The code allows 22 of the required 56 parking spaces to be compact spaces. The revised plan shall provide for no more than 22 compact spaces. f. Section 18.106.080 (Off-street loading) requires that every industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. The plan shows the provision of two loading spaces, thereby satisfying this criteria. 8. Section 18.108.080 (Access and Circulation - Minimum Requirements) requires that commercial or industrial uses which provide fewer than 100 parking spaces to provide one access with a 30 foot access width. In addition, section 18.120.180 WO 1)(b) requires that circulation patterns within a development be designed to accomodate emergency vehicles. The plan shows a 40 foot driveway width, thereby satisfying this requirement. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page8 9. Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress. Walkways shall provide convenient connections between buildings. Unless impractical, walkways shall be constructed between a new development and neighboring developments. The site plan does not provide for a walkway from the street to the entrance of the building. A revised site plan shall be submitted which provides for a direct connection from the building entrance to SW Commmercial Street. The plan shows the parking lot grade to be 166 with the sidewalk grade of 170. The street grade of SW Commercial Street is to be lowered with the street improvement. This will reduce the grade differential and allow for a more convenient walkway connection. The revised plan should incorporate the walkway with one of the required parking lot tree islands. 10. Section 18.114.130 (C) (Signs) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 11. Section 18.116 (Mixed Solid Waste and Recyclable Storage) requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. This requirement will be satisfied as a tree removal permit will be required for the removal of trees with trunk diameters of six inches or more in diameter. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page9 b. Section 18.164.030(E) requires a minor collector street to have a minimum 60 foot right-of-way and a 40 foot minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. PUBLIC FACILITY CONCERNS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re-constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re- constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 10 Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. B. Applicable Comprehensive Plan Policies. 1. 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 the applicant was required to hold a neighborhood meeting with nearby property owners, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a land use development application is pending for this property. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 11 standards. Policy 4.2.1 is satisfied as the applicant is providing an underground storm drainage system even though there is no net change in the amount of impervious surface. 3. Policy 7.1.2 provides 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 utilities placed underground. This policy is satisfied as addressed below. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. This policy is satisfied as addressed below. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. The conditional use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Public facility services are adequate to serve this proposal or shall be conditioned to be provided. 6. Policy 7.5.2 provides that as a part of the ongoing development review, the City shall require the Tigard Police Department to review development applications. The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. The Police Department has not provided any objections to the provision of service in this area to this development as it has been designed. 7. Policy 7.6.1 provides that the City shall require as a precondition to development that: A) The development be served by a water system having adequate water pressure for fire protection purposed; B) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and C) The applicable fire district review all applications. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. The Fire Department has not provided any objections to the provision of service in this area to this development. 8. Policy 8. 1.1 provides 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 addressed below. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 12 9. Policy 8.1.3 provides the City will 'require as a precondition of approval that: A) Development abut a dedicated street or have other adequate access; B) Street right-of-way shall be dedicated where the street is substandard in width; C) The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development; D) The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; E) 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 application complies with Policies 8. 1.1 and 8.1.3 because the public improvements to the public streets adjoining this site will be required to be consistent with the City of Tigard road improvement standards. The street and access plans do not appear to raise any significant safety or capacity concerns. V. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP 95-0002 subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson,Engineering Department(639-4171). HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 13 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 4. The applicant shall underground the existing utilities in SW Commercial Street or pay the fee in-lieu of undergrounding. 5. An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 6. Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. C. Two (2) additional parking lot trees, to be located within the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 14 e. Landscape material in front of the existing building. f. Fifty-six (56) parking spaces. g. Four handicapped parking spaces. h. One (1) bicycle parking space. i. Maximum of 22 compact spaces based upon 59 required parking spaces... j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. 7. Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground. 8. A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 15 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel6 • shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO THE CERTIFICATE OF OCCUPANCY: 9. All site improvements shall be installed as approved per the revised site plan. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by: Z-~4~ GG~i c~n.r~- 4/14/95 William D'Andrea Date Assistant Planner Approved by: cKot LLaea--, ce.. 4/14/95 Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel? APPLICANT / OWNER AREA BREAKDOl~I TOTAL SITE AM& V AM TWELMA 642W%4 ES ~STS~ pLpp, 20.110 S►. ESOO SYL COrf'EIC.IAL ST. ~PO.6p ADDITIGM 3.562 SP. TKsAKID. Cot ~T22s p IIIAREMOI)SE• V5000 SP. TOTAL BITE COVERAM- 6&9% • TOTAL LA DSCAPOC6 165% TOTAL PAWN& N SPACES ENGINEER/SURVEYOR 40% COMPACT , ALP" V C-CER6G. W- • %600 SILL OAK $WTE :50 PORTLAw.On Q1223 W3 ) An-boos sAx r SOS ).02-1041 W . ~ D - r - - - - SW COMMERCIAL STREET_ _ ' .-f• . . 71 eeeea.ad~eyo69ee leiale1eeale°~`~ a e .a - - - - - - SOUTHERN PACIFIC RAILROAD LL O V LAN NO. E PLOT P [CASE UP 95-0002 MAJOR MODIFICATIO1 EXHIBIT MAP J F4~ . '`gay ~.~ac Q rq~ sT V Z c1~r sr , ~ A ~9y ~f~p4 bi ~M cc rQ~ V E-- LL. O N 1 G~ CASE No. 95_p002 MAJOR NitJDIPICF CUP ]EXHIBIT B PAM BENSON 12260 SW MAIN STREET TIGARD OR 97223 ti BRUCE P. DESCHNER J 3507 N.W. 132ND STREET VANCOUVER WA 98665 JOHN R. BOOKOUT 10459 NW LOST PARK DRIVE PORTLAND OR 97229 MIKE MARR 12420 SW MAIN STREET TIGARD OR 97223 MARK B. FERRIS 9600 SW OAK ST., SUITE 230 PORTLAND OR 97225 THELMA HUMPHRIES MAGNO-HUMPHRIES, INC. 8800 SW COMMERCIAL STREET TIGARD OR 97223 RICHARD B HUMPHRIES THELMA MAGNO PO BOX 230626 TIGARD OR 97281 CUP 95-0002 MAGNO-HUMPHRIES ADDITION FINAL ORDER BY THE HEARINGS OFFICER MEMORANDUM CITY OF TIGARD, OREGON TO: Larry Epstein, Hearings Officer FROM: Will D'Andrea, Assistant Planner DATE: April 27, 1995 SUBJECT:CUP 95-0002 Parking Standards Staff recieved a revised floor plan for the proposed building and a floor plan for the existing building. These plans were recieved on April 27, 1995. Based upon the plans submitted, staff can make the findings that Condition #6 (f) and (g) are satisfied and can be deleted as conditions. This modification is based upon the following square footage calculations: Total square footage of the existing building totalled 23,792 s.f. (1,443 office/ 22,349 warehouse) and the proposed building totalled 14,880 s.f (208 office / 14,672 warehouse). The total required parking is 45 spaces (29 for the existing and 16 for the proposed). Condition #6 (i) should be modified to read: i) Maximum of 18 compact spaces. • 04/10/95 12:46 T~ET ~ 503 639 6795 ~ N0.150 901 t 4b i TRI-MST 710 NE IIo1laday Street Portland. OR' 97232 FACSTINITLE TRANSMITTAL DATE: //o1q` . TO: Mark Roberts CO: CAN, of Tigard/Planni.ng UAX 2f- 6715- FROM: Nancy Luce, Secretary .,X. A-e J---- CO: TRI-MET TRANSIT DEVELOPMENT FAX: (503) 2.39-2281 TEL (503) 239-67.10 THIS TRANSMIT"TAL CONSTSTS OF k PAGE(S), INCLUDING THIS COVER PAGE. • Q4/10/95 12:46 T*ET 503 639 6795 N0.150 P02 C.r J TRI-MET TECHNICAL SERVICES DIVISION 710 N,E. HOLLADAY STREET PORTLAND, OREGON 97232 (503) 239-2100 FAX (503) 239-2280 April 7, 1995 Mark Roberts Tigard Planning Department 13125 SW Hall Blvd Tigard, OR '97223. RE: Magno-Humphries, CUP 95-0002 Dear Mark, On November 22nd;. Tri-Met submitted comments on the proposed Magno-HumphTies Addition. Because of the uncertain timeline and funding for the proposed Commercial Street improvements and the high volume of transit activity in the vicinity, we strongly urge the City to require sidewalk construction as part of this construction project. This perimeter sidewalk should include a sidewalk separated from the street by a minimum four-foot wide landscaping buffer which includes street trees. Thank you for the opportunity to comment on this proposal. I have also attached a copy of our earlier comments on the project. Please submit this letter as part of the public record and send me copies of the final staff report and decision.. Call me at 239-6716 if you have any questions. Sincerely, Kimberly Knox, Project Coordinator: TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON • 04/1095 12:47 Tf`1ET - 503 639 6795 l N0. 150 IP03 REQUEST FOR COMMENTS CITY of TIGARD -74Z OREGON TO: DATE: M_ arch 16, 1995 V FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639.4171 Fax: (503) 684.7297 RE: CONNTIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site' Plan 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 March 27, 1995. You may use the space provided below or attach a separate letter to return your comments. Iff_YQU_ ar_e unabl_e_tA resaond 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: (Please provide the following information) Name of Person Commenting:' F~'~~1~~ Phone Number: t l~ CPA 95-0C02 MACN6HUMPHRIES, INC. Jheini~ Hurnonrles s0 1 ,~n7p~~' 04%10/95 12:47 T ET 503 639 6795 N0.150 904 ~ OQJ~ TRI-MET TECHNICAL SERVICES DIVISION 710 N,E, HOLLADAY STREET PORTLAND. OREGON 97232 (503) 239-2100 FAX (503) 239-2280 November 22, 1994 Mark Roberts Tigard Planning Department 13125 S W Hall Blvd Tigard, OR 07223 RE: Nlagno-Humphries, CUP 94-0408 Dear Mark, Tri-Met appreciates the opportunity to respond to the proposed development at 8800 SW Commercial Street- Given the site's proximity to the Tigard Transit Center and nearby pedestrian destinations, it is critical that the project include adequate pedestrian-related improvements along the property frontages. The street network and local destinations in Central Tigard are particularly well-suited to creating a viable pedestrian district if appropriate infrastructure is provided. This was illustrated as part of the recent 2040 Regional Design Images plan for the area. It is my understanding that there has been some discussion regarding; lowering the elevation of Commercial Street to improve vehicle site distances. Given the long-term and unclear funding source of that project and the high level of existing transit service in the vicinity, it is Tri-Mot's recommendation that the developer be required to complete all frontage improvements to ADA standards. It is also Tri-Mot's recommendation that a four-foot wide landscaping buffer be provided between the sidewalk and Commercial Street as illustrated in the Regional Design Images wort: of Calthorpe Associates. The property owner would be responsible for maintaining this buffer area. Street trees should be provided within this buffer that are of appropriate species to avoid conflicts with vehicle circulation while providing weather protection For pedestrians. Thank you for this opportunity to comment. Please submit this letter as part of the public record and send me copies of the final staff report and decision- Please call me at 239-6716 if you have any C1ueSllltn5. Sincerely, Kimberly Knox, Proiect Coordinator TRI (;C-il-~ !I',' f~1F.IROPQLIT,~,N TRAN'SrORTATION D TRIC:I 01 C"W:: ON 1 i' y CITY OF TIGARD `OREGON hn . h a\ \:.',•z TIGARD HEARINGS OFFICER .MAY "M PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission 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 your need by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEMS) TIGARD HEARINGS OFFICER - 4/24/95 PAGE 1 OF 3 Mlogin\pa"eagen&.24 CITY OF TIGARD HEARINGS OFFICER APRIL 24, 1995 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 2.2 SITE DEVELOPMENT REVIEW (SDR) 95-0002/SENSITIVE LANDS REVIEW (SLR) 95- 0003 SCHOLLS BUSINESS CENTER EXPANSION. LOCATION: Southwest end of SW Nimbus Avenue (WCTM 1S1 34AD, tax lot 6200). A request for the following development applications: 1.) Site Development review to develop 41,786 square feet of office and industrial space. 2.) Sensitive Lands review to perform grading work within adjoining 100 year flood plain areas. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.32, 18.68, 18.84, 18.100, 18.102, 18.106, 18.108, 18.114 18.120 and 18.164. ZONE: The site is zoned Industrial Park (I-P). The I-P zone allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses and is encouraged to be developed in an industrial park setting. TIGARD HEARINGS OFFICER - 4124/95 PAGE 2 OF 3 h:Uogin\patty\hoagend4.24 2.3 SUBDIVISION (SUB) 95-0001/SENSITIVE LANDS REVIEW (SLR) 95-0004 WILMINGTON HEIGHTS/CASCADE COMMUNITIES LOCATION: At SW Greenfield Drive, south of the Mountain Highlands Subdivision (WCTM 2S1 9AA, ' tax lot 1200). A request for Subdivision preliminary plat approval to subdivide an existing parcel into 11 parcels. Portions of the site contain 25% slopes which also requires sensitive lands review. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.26, 18.52, 18.84, 18.88, 18.92, 18.102, 18.106, 18.108, 18.114, 18.150, 18,160 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. ZONE: The site is zoned R-7. The R-7 zone permits a range of single family detached and attached units for medium density residential. 2.4 CONDITIONAL USE PERMIT (CUP) 95-0001NARIANCE (VAR) 95-0002 HARDY/BUSH/CHEVRON. A request for the following development applications: 1.) Conditional Use approval to allow the construction of a gasoline service station; and 2.) Variance approval for a reduction of the required 75 foot setback from the driveway to the nearest fuel pump. LOCATION: 13970 SW Pacific Highway (WCTM 2S1 3DD, tax lot 1200). Northeast corner of the intersection of SW McDonald Street and SW Pacific Highway. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.62, 18.90, 18.96, 18.100, 18.102, 18.104, 18.106, 18.108, 18.116, 18.120, 18.130, 18.134, 18.164. ZONE: C-G (General Commercial). The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARINGS OFFICER - 4/24/95 PAGE 3 OF 3 h:Vogin\pattyftagend4.24 MEMORANDUM CITY OF TIGARD, OREGON TO: William D'Andrea April 13, 1995 FROM: Michael Anderson, Development Review Engineer RE: CUP 95-0002 MAGNO-HUMPHRIES ADDITION Description: The applicant requests a Conditional Use Permit to allow the construction of a warehouse building on the same site adjacent to the existing structure located at the southwest corner of SW Hall Boulevard and SW Commercial Street. The site is known as of Tax Lot 2S1 2AD 1203, with the address of #8800 SW Commercial Street and a site area of 1.78 ac. FINDINGS: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re- constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re-constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 1 However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. Also, along the frontage of SW Commercial Street are overhead utilities. The applicant should underground the existing utilities or pay the fee in-lieu of undergrounding. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson, Engineering Department(639- 4171). 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 2 are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 4. The applicant shall underground the existing utilities in SW Commercial Street or pay the fee in-lieu of undergrounding. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 3 may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. APPROVED: Randall R. Wooley, City Engineer n:\engineer\CUP95-02.mja ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 4 ,low (1Wn DEPARTMENT OF TRANSPORTATION March 31, 1995 Region 1 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 FILE CODE: Attention: Mark Roberts Subject: CUP 95-0002 Magno-Humphries Addition ODOT appreciates the opportunity to comment on the Conditional Use Application located at 8800 SW Commercial Street. Due to the proximity of this site to Hall Blvd., which is classified as a District Highway in the Oregon Highway Plan, ODOT has some comments regarding this land use action. ODOT would like to submit the following comments: • ODOT recommends the applicant provide a traffic study to determine the potential impacts to Hall Blvd. Thank you for the opportunity to provide comments on this land use action. If you have any questions, please call me at 731-8534. Craig Lee Development Review Planner cc: Laurie Nicholson Robin McArthur-Phillips Sam Hunaidi # Of Post-it" Fax Note 7671 Date 3 pages To a,, From ` Co./Dept. 1-~ Co. Phone # I ` Phone 123 NW Flanders # .3 Portland, OR 972094037 Fax # 4 z _ Q 4 Fax # (503) 731-8200 734 1850 (11-94) FAX (503) 731-8259 04,APR"05 '95 10: 31 AM ALPHA ENGINEERING l:l'1'Y ur' 'rtuaecu P. LW•1 VYl/ VY1 1~1 -0 n APR 0 6 1995 DEPARTMENT OF March 31, 1995 TRANSPORTATION City of Tigard RegWrn I 13125 SW Hall Blvd. Tigard, OR 9722 PME CODE: I Attentio : rk Roberts Sub CUP 95-0002 Magno-Humphries Addition . OT appreciates the opportunity to comment on the Conditional Use application located at 8800 SW Commercial Street. Due to the proximity of this site to Hall Blvd., which is classified as a District Highway in the Qregon Hjahmx Plan, ODOT has some comments regarding this land use action. ODOT would like to submit the following comments; ODOT recommends the applicant provide a traffic study to determine the potential impacts to Hall Blvd. Than ou for the opportunity to provide comments on this land use action. If you hav ny questions, please call me at 731-8534. Craig Lee 1/4~l(Q 01 Development Review Planner %*0-e4 ~ ~ cc_ Laurie Nicholson dol4w s ,lV 000T . Robin McArthur-Phillips Sam Hunsidi ~1941~o& Post-Itm Fax Note 7671 Data veg ,15 To 1 ♦ F- ~ C Phone ho # 123 NW Flanders Fax Fe < Ford=d. OR 97209-4037 (503) 731-8200 734-I&W (11-W FAX (503) 731.8259 9 • REQUEST FOR COMMENTS A4~ FIRE MARSHALL CITY OF TIGARD WA. COUNTY FIRE DISTRICT OREGON TO: (pick-up box) DATE: March 16, 1995 FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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: March 27, 1995. 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. P=ve K THE FOLLOWING ITEMS THAT APPLY: reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) e:1 7 Name of Person Commenting: C~L~W 9~~ /v~im Phone Number: o a - CPA 95-0002 MAGNO-HUMPHRIES, INC. Thelma Humphries s s REQUEST FOR COMMENTS CITY OF TIGARD OREGON r TO: DATE: March 16, 1995 I ~kld 2 FROM: 4g,anning Depart nt STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: Ali MoD1T101.(AL FIR_o I4/oe-4+A'1" is RGsIwe :p kT, T946 r rzavc.C of rM15 aQiefT A"M SW eoMAee-i a4- gT2.~~r iN 0 (W EVL -'o PgL I of r ac UvErL.>~8 5o 10* rr- ALL Pn~cr( 5& ar I QE "l3ui~.oi vas X" k11'll~iN 25o FEcr or 4- 11yo a,ayr. Xt,so ZR6- 6-)u5TIAfe, r2E yorr~a CuVZnrr1,y ± /oo F66r i.,JEST 6F 5W PA-U- 81-Vo L. ► t i L- AIEEO To BE X&oCA-mod t 6o FE,s--r TvW n~ 5a 4*u- &VO. 7-2r F6toc,-g-77o /5 N~c Esg 'L~ T lWkI yr4a Z Ste' FzC 7rlnryr,rd&/ Cover- of 77~ /~1' vPn5o AZ aOl-nbA1. /25` FE&-r aF Rai (Please provide the following informatio wE S~ , (2+so - (547S DI-C To P20PosEv ?oA-o Cuts i JA7 (L Mr'14cil W u, tJCEO ►3C ( Name of Person Commenting: R/,L/87 /►~/G~.E"~. Phone Number: Y. 395 CPA 95-0002 MAGNO-HUMPHRIES, INC. Thelma Humphries ~ REQUEST FOR COMMENTS is A~~ CITY OF TIGARD OREGON TO: DATE: March 16, 1995 FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: bsc~ ko (Please provide the following information) C Name of Person Commenting: )dC JCA Phone Number: CPA 95-0002 MAGNO-HUMPHRIES, INC. Thelma Humphries REQUEST FOR COMMENTS CITY TIGARD OREGON TO: DATE: March 16. 1995 FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: (Please provide the following information) Name of Person Commenting: L(1'~ Phone Number: ':Z 4-3, Z3 ~ v CPA 95-0002 MAGNO•HUMPHRIES, INC. Thelma Humphries REQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: DATE: March 16. 1995 VL" FRO C::: AgardPlanning Department STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: (Please provide the following information) Name of Person Commenting: Phone Number: CPA 95-0002 MAGNO•HUMPHRIES, INC. Thelma Humphries • RECEIVED REQUEST FOR COMMENTS MAR 2 21995 Ai~~L CITY OF TIGARD COMMUNITY DEVELOPMEN) OREGON i TO: DATE: March 16, 1995 FROM: Tigard Planning department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: (Please provide the following information) Name of Person Commenting: -n 1 Q<;~ Phone Number: CPA 95-0002 MAGNO-HUMPHRIES, INC. Thelma Humphries EQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: DATE: March 16, 1995 FROM: Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (S03) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27, 1995. 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: IF A SEPEPa-ra -r ELE~PI4~NE ENLT"aAmcC CABLE 15 RaooikEDl DE-Vr L.0PE2 IS To PIR-OW6E CON001.7 To 67F -S SPEcIFIC47-1uNd5 . (Please provide the following information) Name of Person Commenting: W Phone Number: (o Z.0-594 3 CPA 95-0002 MAGNO•HUMPHRIES, INC. Thelma Humphries • • REQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: DATE: March 16. 1995 FROM: Tigard 4ngDepartment STAFF CONTACT: Mark Roberts (017) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0002 MAGNO-HUMPHRIES ADDITION ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. Attached is the Site Plan 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 March 27. 1995. 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: (Please provide the following information) Name of Person Commenting: Phone Number: CPA 9S-0002 MAGNO-HUMPHRIES, INC. Thelma Humphries a1.~ 00 ~ l ~o ~ 7 tap L ` I 16- oa r 16 - coo Alp 414 V6, o~ 79 s ~ L~~ l~ ~ i ~ ~w r-rii 1 - NF ~ . TES ? ~ I ~ . ~ ~ f ~ a ~ ~ . _ R I 1P1L1~11. 5 / .F 2 AD Il~/l aW tt 400 WASNING70N COlIN7Y OREGON tio° 1.69Ac. ~ i a° SCALE i ~ 100 p° 'A,~e I100 ~J ~ SEE MAP " tip 2S 1 2AA - ~ ~-34 l r I ~ o I I / o I ~ ~,q1~• ~ ~ .l,//.i ~/Qi/i/ ° ~ ' \ J I. i /JO 1 r ;Ok LY COR LOT b ~e E4.30i6 H 8°47'W t _ NOW 13 T ~d ~ ~ ~ ~ po~0 tiQ 'YACHT ap ~ c~~~~51'f I; Lb ,J ,ct MAF 1300 0 ``t Q «~~ti ~ o 2S 12AB .95Ac a o Ie00 a a o \ a ~ p 2 , ~ ~ o ~ n . ~,.33Ac ,~;a l ti a ..,4Ac. ~ o~ ~1 oP ~ ~ ~ ~ ~ o ~ ° ~ ti ~ ~ I~ 0 ~ / o ~o~ o~ 00 401 ~ p ~Oq{° - 16+ae.ISPC + r 'A 'P a~ o B9Ac. . tip ?sr a v Qf tr e J 9 ~ F 2 ra s~~ y- .99A~ ~ o ti q~ o '3r C ,~9 p 1400 y o ;t ~ ° \ ff..~ h v~ 2 G / 6h~F sss ras? F pro 95Ac~ / / ~ ~ ~x L (C.S. No. 12895) `'°o \ti1 ~ ~ >osS y 300 it 2~.r °r /°pp` ~ s IC.SNo,ll241) ° ~ f a ~ >P ~ pro / ap pti^ J ✓ ~ 1 ° \ / ~ 1500 ~ ~i S a ~ a - / 1. BO A~. ~ 0 1 _ ' ~ ~o / ~ _ ~ _ o \ ~ J 600 _ l,~ b~=~ 9 9 '0 ~ 1601 d0 ~p2 r., °A0 .39Ac _ >3 pti o r ' ~ ` 1 \ ► - p ? ,MAC 2 ~ / ~ g p ~ _ , _ A r 1 ~ 9 9k Jao 800 \ mp zJ - r ~ x ~ ~ r, J F ° 1501 ~ ~B' %p ( \ J ~ ,r ysp 3BAc ao-ry 1600 1800 .n \ J - - 26Ac 142Ac ~ V" \ ~ ~ T-. ~ / ~ ~ ~ V° I~p~, ~ ~ / r ~ ~ 5e roa h q ~ ~ r~ r _J 'Q ~ p , e ps° ~ 1700 e' ~ me ~ I5Ac ~ ~ ,v r v~ / p b0 / 6d C' \ S A. ~ 0 39Ac. p ~ . .J - / C' i ~ ~ !y / ~ S ~ ~ ~ /~a, 0° `p by ph / , - ° ~ ~9 D F 6 ~ ti ~ °p R=42 / ti0 r ap ~ 00 20W ~ ;~7~7g /\6 / - p' SEE MAP ~ ~so 25 12 AC ti ~ IOC ~y ''90 = p 00 ~ / p 0. x h/~ b J,4BA%/ 0 ` 2> TA>tLOT 2;OOAICAdOELLED !V ~ / ,c~ / d9 500 VV ~ / ,1' °c 2300 4~ _ ~ ~ , , mo 0 2800 a~ / 'p j Zoo 1 .39Ac ==1~ ° r` / ,P Q + ~2r,p - 1p~ / 23+59.17 PL 2J = ~ 0 i ~ ~ ~ ~ 1204 - _Y ~ _ / /pti . ~P v / ~ / 1 2 0 i ~ / ^00~i~ ~ ~ p2 ~n I I D 25~~0 j. I ~ ° ~J° y / ~~1 ~y ~ 2 ~ / ° 900 p --yn .i 23 Ac. h°~ 2400 / p ,a ~ I i ti B3 Ac. ~k > / ' 1 3 0 00 pti a ~ ° s ~ s ° ~ / ti ,y9'"~ ~ P`~ ~ a~ ~ ~ < ~ 3. l5 A c a a ° / vo p ~~GPP J p J h 'J° ,op '~fi / 2200 ~ P`~ e`°a~'P"o~' 9 p 6`. ~ d ~ 6 6 p' 6F r spa k F ~3J GPP~/ ~cp v J~ 5. ~ l AC. ~ ~yb. a k 1 ~a ~ `'9 / 6 py 5 2'~ / - pp ~P~ ~ ° / / ~ ~y~ o ' ~1! 1, / ~ P1 J r J\ r ~ ~ - s.. / Qoa/ , ° 0 ti _ r r / 10 ap/ FOR ASScSSMENT ~ URPOS..S ONLY / ~ DO NOT REL'f ON r~ ~ ;ANY 07HER USE / I / n~ / il!~~I ~ _ / ti f / / Idyl q> v v ' o- ~ I. J - 5 t r ~J ~~d ~ 'p " / ~ 9* ~ ( ilk'' ~ " J ~ ti~ o~ Idl' ~ j a ~ °~'a IIIIII a s. ~,I, ~0 6 o. / n qr ~ ~ 28+694 ?f, ~ ,~I,~~~ ; ~ ,Qrsp ~ 7 tip J'o ~ ~ I ' - s N~ I 0 Jo ~ III N I ~P' II III ~ o0i ~ ~ Q i OPQ 0 ti/ ~ STR~~1°~ ~ ~ I I ~ / ~ ' i III I r oh• I~ SEE MAP ~s ~ti ~ 2S 12DB W a ~ °oa ti 0 Nn ~II hp Q~p , Ili, SEE MAp SEE MAP ICI 2S 12De 2S 12DA ONLY il~~ ~I~III 'I-3`= R I lSF ,,u ~J IIII, 'a Ifllll~ o ~ ~~1~ VIII s\ p J°p2 ~~I / F M ~ ~ ;I n S E c'r l O N_ T 2 S R I W W. ? WA SNiNG CON COUNTY OREGON --SCALE T=4001 in.- SEE M P • - - _ _ _ , E ARq tr w SEE MA °t I 35-DD s t IS 136C D- . - ~ a of SEE MAP - + 2 i 2S1 1 B B - - 0&ROEN P - - SEE M A P ` r' c~~e I p o N - f f N.w.CoFtNER r 2S I I B A C,L.C. 2 S i 2 A " w o 1:1~y-c )tee r~ y i 6RA+L4Y SEE MAP O sw 8 _E V E 4 2S I IB c 9 SEE MAP 'A Nes sg i Y y ° 20 w 985.88 2S I IB D 10 1 5 N ,.N Q NE COR ~rRLET a 1 \ ti ; Ao 1r 3/S > / J• ME tOR MU'MZIKER 0~ 90/271 k 's a O ~ r _a`' ~ 9i fo ~ I av f 1• 97 • 1 c ';A' - ~O ~ O v 41 °P SEE MAP 1 s` a 0 2S1 I D B ~0 ,91 J's SEE MAP v N •3~ M y ?0 ? =F i cc x M W = 23 ~17 i- 44 s 4 1200 2s.s' s9e,t w I_RS L A> -:110Q f e'sSf:. ' ` i a, . " ENE CORNER e E06Ew000~ sy' .r . I~.~QUARE IRON i 8Ty8 38904~ilr ° pQ `Sw CHERRY • f , 3 Fill& I1 ? ' 30 w' I - r_.j S w` SEE MAP ssn~ SEE MaP efjoC j r Y J1 Y fia 1NF-....A 1 'Pj ai c „ F?3! +°l, y Y 1 y~• _4.. ' 4 ~.t.y 3•~ 7 3. y G~~7 1, ID JD ` 3 ~•.a ~5~3: E+.- 9.l i`• i K,g~• s «+r g i 0 or ~ z I eye`.: `4 3 i7 0,4 k a ; 7 I t a. i ~•Y ~ t ' ~ ~'tv~ ~SL.C. t / al s t c tOYT M LII [ M. * f RE -E 1RA COR Nr _ s 1r. Yl YRA1{AIt - _ ..lt i N t i' M _ t _ ? t. - it k y tr F Q L.C. NO 39 y 3 T. ` to 4r r •3 * ~4~~ GOV. LOT 6'6.4gAc. 1 ;~0~/LOT 5y SOAC. n ?5 ri.8 s ~ y ~I~l~llG4n~ v7f-~~`~" ~ ,p v~,E p ~ x ~ Go ktir~ o r~- ~ i ,A _r - . _ t ' {I L~~ i i I i fi . ~ ~ ~ i. '(c~ r M V q ~ u:. ~ t~~~ t ,a~ vw ' { ~ ~ D ~ 5~P b ~ ~ f ~ , .i ~ 1 + ~ T;~~ ~ ~.f i ' f ~ i I ~ Q ~ i ~ .r ~ ~ ~ ~ ~ ' . ~ o.. a~ r _ . V ~a ~ ~ h • > Bsl Y ~s 0~4 ft+~SH µtLv~ 41b~Y ~ 1 it ~ ~ ~ ~ ~ q i ,xata~ i. Yiniaheat sht vinyl tl~y oe e o oink. d► bit pxI!p Qpset cav$ bd~9, g0ai to floor. . tz - Se ~.:-q oss ei~►del ~t y is ~ olq. f i s 4 , u~+~ wr~K Nater rseia~ (fiypgl NR) 9Yp brd eC vall faces _ _ " ~ Y within ate at frortk or side of toilet ar uripal. davit vanpr barrier behiixl t a NA bo~xd, ~ 3. ~,evar► KpM aha or elide type latch or ~r i lock hadd~~e a doors (including Coilet partition, doors - - ----..,,140'-0" - - - a 4. Boktoas of uirror, o erators at c fj die e p ne hanisrns, p4os.r outlet4 or other cantrola eC lo" above fin Boor. roil paper dis sneer at l9► above fin f p laoa'. S• 9inkes Single handle Xever t pe faucets. lnaulake hot vats y r and drain under sink. 6. Grab bars: 1 1 ' ~ /2 than. x 1 l/2 deer of . _ veil. satin stainless steel finish. Solid blacking cft walla for anchorage. 7. Open front.toilet seat with no cover. r ~ } c~ K . 'F - ' A r o _ N - ~ _ ~ - ~ ` r - i t 1 RACK i~ACK ? -0 i ~ ~ i i I r ~ ♦ _ 27'-3" RACK U I O - - i ~ i i I - i y l { 't,. i RACK ~j RErAi~viNc WALL. I - - ~ -L _ I ~ ~ I t I I i''~~ ~ • r .i . ~ , • . P r ~ i .j ~ 1~ ~ _ r r ~ ~ ~ f . ~ ~ ~ - . ~ ~ s OJ ~~I i ~ , ~ :.IIii . l 1, r ' . ~ 1 ~ ~ ' ~ iil RACK • T , ~ ~ ~  0 28'-0" 28'-0" 28'-0" 28'-0" CLJ 28'-0" 60'-0" N - - - - oar 2/8Z95 200'-0" ri R MS N n A r ~ Q n~ FLOOR PLAN /n / I fJI SHEET L s-10F4 STREET IMPROVEMENT COMPLIANCE AGREEMENT THIS AGREEMENT dated this Z`1 +-k day of Sep~ea.~~e.~ 1995, between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter termed the "City", and Magno-Humphries Labs, Inc., an Oregon Corporation hereinafter termed "Petitioner", W I T N E S S E T H: WHEREAS, Petitioner has applied to the City for approval for improvement of a portion of roadway known as SW Commercial Street as illustrated on the attached construction plan, and by reference made a part hereof; and WHEREAS, the City of Tigard requires Petitioners for street improvement to install streets, sidewalks, street lighting, storm sewers, sanitary sewers, utilities and other public facilities to City standards and specifications and requires the payment of fees; and WHEREAS, the City has adopted the Standard Specifications for Public Works Construction, Oregon Chapter APWA, for street, structure and related work, and Unified Sewerage Agency Standards and Specifications, for sewer construction, prepared by professional engineers for public street improvement; and WHEREAS, the public improvements to be constructed in the said street area are incomplete, and the parties herein named desire to protect the public interest generally by legally enforceable assurance that public improvements will be installed as required and completed within the time hereinafter set forth, NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the Petitioner and its surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed with the intent and purpose to complete all public improvements as shown on the improvement plan, as approved by the City of Tigard, prepared by Harris-McMonaale Associates, Inc (Tigard, OR) dated February 28, 1995. Said improvements to be completed no later than one (1) year from the date of this agreement, and Petitioner hereby agrees to comply with standard specifications as adopted by the City, or as otherwise be or have been approved by the City to comply with all terms and provisions specified herein this improvement by the Council and Planning Commission of the City of Tigard, Oregon, and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, and one as-built mylar, both stamped by a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. 2. To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $67,837._00 STREET COMPLIANCE AGREEMENT PAGE 1 dollars, a copy whereof is attached any by this reference made a part. Petitioner's contractor shall be licensed, bonded and insured. 3. In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs hereof against Petitioner and Petitioner's Sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's Sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's Sureties specific performance of the contract and compliance with the standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City attorney's fees and costs, both in the Trial Court and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, shall deposit with the City an amount estimated to equal pole and luminar maintenance fees, for street lighting facilities according to Portland General Electric Schedule #91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ N.A. 5. The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner shall pay prescribed inspection fee of 4% of the total estimated cost of the construction; said fee being $ 2,713.48. 6. The City agrees to install street identification and traffic signs for said street, in consideration of payment. in the amount of $ 531.12 . 7. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance" and one as-built mylar, both stamped by a registered civil engineer to the City to notify the City of readiness for conditional acceptance inspection, and then upon notification by the Engineering Department, that the requirements of the City have been met, the Petitioner will submit to the city a good and sufficient guarantee bond if not already provided with the performance bond, form approved by the City to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after conditional acceptance of the public improvements by the City. 8. Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as above set forth. STREET COMPLIANCE AGREEMENT PAGE 2 9. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of readiness for final inspection and upon certification by the Engineering Department that all requirements of the City have been met, the City agrees to accept said improvements for operation and maintenance responsibility, and release the Petitioner's Guarantee Bond. IN WITNESS WHEREOF, the parties have executed this agreement pursuant to authority in each of them. CITY OF TIGAR'D' - PETITIONER: Ma n -Hum hries La Inc. B . By City Engineer (Attached Notary Acknowledgment) Return Signed Copy to: Magno-Humprhies Labs, Inc., OFFICIAL SEAL 8800 SW Commercial St. E PHYLLIS K. Uu.MAN NOTARY PUBLIC- OREGON Tigard, Or 97223 COMMISSION NO.041408 MY COMMISSION EXPIRES FEB. 07,1999 dj/7H:Magno-Humphries lea State of Oregon County of Washington This instrument was acknowledged before me on September 29, 1995 by T a-Magno Title: Admn Asst. My Commission Expires: 2/7/99 STREET COMPLIANCE AGREEMENT PAGE 3 DEVELOPER - ENGINEER AGREEMENT City Engineer 13125 SW Hall Blvd. Tigard, OR 97223 RE: SW Commercial Street Improvement Dear City Engineer: We hereby certify that Harris-McMonagle Assoc., Inc. (Tigard, OR) has been retained by Magno-Humphries Labs, Inc. (Tigard, OR) to perform the following work pertinent to the above project. 1. Perform the surveying or verify the existing surveying information as necessary for the design. 2. If necessary, provide for the expertise of other engineers such as soils or structural engineers. 3. Prepare construction drawings in accordance with the City standards and obtain the City, and if applicable, DEQ, County, or State approval of such drawings. 4. Supply construction staking. 5. Provide adequate inspection to assure compliance with City Specifications, and keep accurate field notes in order to prepare "as-built" drawings. The following minimum activities are required of the designated inspecting engineer: A.* Execute a form (this form) accepting responsibility. B. Maintain a project log book which contains at least the following information. 1. Job number and name of engineer and designees; 2. Date and time of site visits; 3. Weather conditions, including temperature; 4. A description of construction activities; 5. Statements of directions to change plans, specifications, stop work, reject materials or other work quality actions; 6. Public agency contracts which result in plan changes or other significant actions; 7. Perceived problems and action taken; 8. General remarks; 9. Final and staged inspections; 10. Record all material, soil, and compaction tests. C. The inspection engineer shall obtain and use a copy of City- approved construction plans and specifications. D. Review and approve all pipe, aggregate, concrete, A.C. and other materials to ensure their compliance with City standards. .j I E.* Approve all plan or specification changes in writing and obtain City approval. F. Monitor and concur in construction activities to ensure end. products meet City specifications. G.* Perform or have performed material, composition, and other tests required to ensure City specifications are met. H. Periodically check that curb, storm sewer work and pavement grades are in accordance with adopted plans. I. For pavement construction, perform the following stage inspections and record date of each: 1. Curbs are built-to line and grade; 2. Subgrade meets grade and compaction specifications; 3. Base rock meets grade and compaction specifications; 4. Leveling course meets grade and compaction specifications; 5. Wearing course meets grade and compaction specifications. J. For sewer construction, perform the following stage inspections and record the date of each: 1. Sewers are installed to proper line and grade; 2. Trenches are properly backfilled and compacted; 3. Construction staking is adequate to ensure that the sewer is properly installed with respect to easement, right-of-way, and property lines; 4. Air testing and video inspections are performed according to standard procedures. K. For grading, ensure that the grading plan, as staked, will result in acceptable slopes along exterior property lines, proper on and offsite drainage; and erosion control. L. Certify to the City the value of and amount of all work remaining to be completed to enable release of monies or a reduction of assurance amount. M. File a completion report which contains: 1. The original of the project completion certification; 2. A complete copy of the log book initialed by the inspecting engineer; 3. A complete set of as-built mylar plans; 4. The results of material tests, compaction tests, and soil analysis as detailed in the log book. N. Call to the City's attention within two (2) working days all plan changes, material changes, stop work order or errors or omissions in the approved plans or specifications. 0. Notify the City 24 hours before the start of construction or resumption of work after shutdowns, except for normal resumption of work following Sundays or holidays. * The inspecting engineer of record must be registered to practice engineering in the State of Oregon. The engineer must personally perform all activities marked by an and must supervise all individuals performing delegated activities. Material t'esting-not- performed by the inspection engineer must be accomplished by a recognized testing firm or another registered engineer. 6. Upon completion of construction, provide written certification that all improvements are complete in accord with the approved plans and specifications. 7. Obtain City approval prior to any substantial deviation from the approved plans. 8. Resolve engineering and construction related problems as may arise. We agree to notify the City immediately if the above agreement is terminated or if the engineer for any reason is unable to perform the above duties. Mag o-Humphries Labs, I C.: Harris -M onagle Assoc., Inc.: (Dev lop (Engineer) 1 7 ,./Zs- ate Date dj/JH:Magno-Humphries.1&a • r G'E'C ~1/D~'1`F~~~•~C s~~.~"~.1ot~*ir►TQ..~ 301\TT~ 301C NO. 193758F KNOW ALL MEN BY THESE PR_SSNC_ that we Mac c-Kumphr_es Lag`s :nc an O_ econ Cc^Or a: io_n, as 2r:ZC_pa1, ail INDEMNITY COMPANY OF CALIFORNIA a corporation duly author:red to conduct a general surety bus_ness in the State of Oregon, as Surety, are jointly and severally held bound unto the City c, Tigard, Oregcn, a municipality of the State of Oregon, hereinafter ;Pyle, obligee, in the sum of Sol, 837.OQ dollars, law-'u-1 money of the United states c_ America, for the payment of wrier we, as Principal, anc as Surety, join::y F-nd severally bind ourselves, out successors and assigns __rmly by these present. THE CONZI~'IONS OF THIS 30N0 AT\7D 037:GATIOAT IS SUCH, that t=ie Princip&' are constructing street iMrovements along a po=tion o: SW Commercial Street, _ccated i- the City of Tigard, Orecon, and have entered int, a Com^S iZ:ice _t: respect tc ~ m2:_, an. _ ,:,,_cvemar.t , a C: v s:. ..j.... .,rte A._eement is attached, and by reference made a part herecf; and if the Principal he=ei, sitar- faithfully • and observe and- comply with all te=n:; of the Acreement an- shall well and trL'l~ per`:= all matters and th:ncs undertarzen be perfcrmec. under said AgreP-me.- an=I. r-er a_i ordinances, regular-ions and conditions of the Cbligee app:ica::a -c said development and improvement, and shall promptly make payments tc a:: persons supplying labor or mate:ia_ fcz an), o: the work provided by sat= act ee:nien- an shall not per^ii z any 1 _ err c= c i aim ' be filed c_ ' prosec_:z:. aza_nst Cb: ee. zh.ean th_s ^b -g s:a:_ be vci other-.:se to tamer - _L:11 fzrze and effect. :n :,ne event of suit a action be filed by the O-=igee hereunder= tc enforce sa=c cont=act or to recover under the te=rns of this bond, in addit:c:. tc a1= other rights and remedies, the Cit:-, in the event shall preva::, shall be entitled tb recover such sums as the Court may adjudge reasonable as any for attornev's fees. :N W::NESS WHEREOF, the parties hereto have caused this bond to be executed :.his 28th day of September :oa5 macno-Hix,mo hies Labs, inc.: Principal INDEMNITY COMPANY OF CALIFORNIA (h true com• of the Power of At Forney must be attached to the original of urea, this bond). Eric R. Sand r Attorney in Fact One Centernointe. Suite U n Address Lake Oswego OR 97034 :h h~ona.-M~pnr. mss,;~• POWER OF ATTORNEY OF I MNITY COMPANY OF CALIFOA ' ANMEVELOPERS INSURANCE COMA ANY N-D : 2 4 0 4 6 4 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 IOTICE: 1. All power and authority herein granted shall in any even! terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readablo, the text is in brown ink, the signatures are in blue ink and this notice is in rod ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***LYNETTE G. HARRIS, KATHLEEN J. LAATZ, ERIC R. SANDER, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, Insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- :ant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of 4ttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or ,ontract of suretyship to which it is attached. N WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFO!RNIA- DEVELOPERS INSURANCE COMPANY 3y air VJ~~LU.tfr I By 00im. Dant F. Vincenti, Jr. Dent . Vincenti, Jr. President DO~p40QYresident 1p ORR p z OCT.D, - WAR. 27, ATTEST d 1367 o ATTEST {879 0 7tin~r /rOP`~x O 4(1rORNx A 3y By Zy Walter Crowell Walter Crowell Secretary Secretary ;TATE OF CALIFORNIA) ) SS. .OUNTY OF ORANGE ) On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- -ially known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on half of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged me that the corporations executed it. WITNESS my hand and official seal. OFFICIAL SEAL t J. ALVARADO 4b.My COMM. #1023169 NOTARY PUBLIC - CALIFORNIA (nature ORANGE COUNTY Notary Public Commission Exp. Apr. 17, 1998 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby artity that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective cards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, this ____28.rR_ day of _Septenibe '199 5 4DEMNITY COMPANY OF CALIFORNIA ~9Aid y DEVELOPERS INSURANCE COMPANY 91NaUR, ~O `APP O R,fl•^ Op P O R,~ C, Fa WAR- 2T, c+i OCT. S. Y ~ 1367 o BY 1870 L.C. Fiebiger L.C. Fiebiger sn~~rroP►~~~? Senior Vice President Senior Vice President reR+x~tFD )-310 REV. 1195 r~ *RIGHT OF ENTRY In and for consideration of the 'mprovements of SW Commercial Street, City of Tigard, Oregon, we the undersigned and hereby grant to Magno-Humphrie , Inc. developer of the C mercial street road improvements, Harris/McMonagle Engineering Company, Magno-Pacific, Inc., General Contractor, and their agents, permission to enter the property known as 8725 SW Commercial Street, Tigard, Oregon 97223 (Tax Lot # Boo 'z s) zab ) to conduct surveys and engineering studies, and upon completion of approved plans, construct driveways, grading and miscellaneous construction ancillary to the pro- posed road construction in SW Commercial Street. This permission is not to be construed as a grant of land, but only as a trespass permission. Magno- Humphries, Inc./Magno-Pacific, Inc. and its agents shall be allowed access to that portion of the property which fronts the proposed improvements. The contractor shall restore any damaged proper- ty to an equal or better condition. SIGNATURES: z tzjo~ S x - Craig Prunty Carrie Prunty 8575 SW Sorrento Road Beaverton, Oregon 97008 646-6426 17 G `v Signature of Witness Signature of W ss 2S 1 2AD 400 ~5c a~ I69 Ac. _ C '0 SEE MAP Ac. 2S 1 2AA Q Lmmoyl-mmo, ox, 22 S.W. SCQ FFI N S ST. / LT CDR LOT ° O 04-3016 N °47" \ MQ~ A4 30M NOW akb \ ISL6 VACAT eb N 10 0 y in ' 4.33Ac. 0- 117 A °O \ NS 900 i oca`~ ati`~ 401 {y ti`LQ9*'~,~i c +46.15CC. r 'e, 3j?T9 0r1, sis> 0 as~J ~o (C.S No.11241) 29Ac. 203 / J°o •Y✓~ `'a 60 Ap. ` 600 _ .39Ac. \ ~a ,]OR] 1 My B° bb 800 ppJ° s 71 lee 700 sl JSAC. r J/-\ T in 11 6 /1.2 ~J iJv 'Lhy y 1 R=a2 3v78 / b° i as TAX LOT 2300 Al CANCELLED 500 ,Q a9 ` 2300 IODO 01 2 'Q 1202 0 4- 23 { 59.17 P.T. 1204 2100 2500 ava SEE MAP 2600 asp 4~ ° \ 2S I I < by v4 4•64t 4CI O' bb j~'e'•4 i y i Go' i • STREET IMPROVEMENT COMPLIANCE AGREEMENT THIS AGREEMENT dated this day of 1995, between the CITY OF TIGARD, a municipality of the State of Oregon, hereinaf't'er teamed the "City", and Magno-Humphries Labs, Inc., an Oregon Corporation hereinafter termed "Petitioner", W I T N E S S E T H; WHEREAS, Petitioner has applied to the City for approval for improvement of a portion of roadway known as SW Commercial_St-reef as illustrated on the attached construction plan, and by reference nnade a part hereof; and WHEREAS, the City of Tigard requires Petitioners for street improvement to install streets, sidewalks, street lighting, storm sewers, sanitary sewers, utilities and other public facilities to City standards and specifications and requires the payment of~fees; and WHEREAS, the City has ado ted,the Standard ecifi a ions r Public P p c at o Works Construction, Oregon Chapter\ APWA, for street, structure and related work, and Unified Sewexdge Agency Standards and Specifications, for sewer construction, prepared by professional engineers for public street improvement; and WHEREAS, the public ;.mprovements to be constructed in the said street area are incomplete, 11 and the parties herein named desire" 'to protect the public interest generally~by legally', enforceable assurance that public improvement's will be installed as required and completed within the time hereinafter let forth, I NOW, THEREFORE, in can of the foregoing/premise and the covenants and agreements to be kept and performed by the Petitioner and its surety, IT IS HEREBY AGREED,AS FOLLOWS: / 1. Petitioner shall proceed with the intent and purpose to complete all public improvem nts as ~hown on the improvement plan, as approved by the City of Tigard, prepared by Harris-MCMenagle Associates, Inc. Ti d OR dated Februar 2,8 1995.E Said improvements to be c mpleted no later than one (1?\yeaz'from th'e date of this agreement, and PeVitioner hereby Igrees to comply with standard specifications as adopted by the City, jor as otherwise be/or have been approved by the City to comply with all t rms and provisions specified herein this improvement by the\COuncil and Planning Commission of the City of Tigard, Oregon, and to use only such material and to f~llow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, and ne as-built mylar, both stamped by a registered evil engineer, to the City prior to City inspection of petitioners imp rov~ement work for City tentative and final acceptance consideration. \J 2. To assure cznpliance with the City's requirements and the provisions hereof, Petiticner tenders herewith to the City a surety bond in form approved by/the City, with liability in the amount of S67,937,00 STREET DEDICATION COMPLIANCE AGREEMENT W '~r~~g d PAGE ~A r U` ~ ~,L dY ~ yL_ \ ( 6 V j `t.A ZUUI~j SdIHHdN1i1H-i1NJd1N `J XV14 b0:01 96/Z1, L0 dollars, a copy whereof is attached any by this reference made a part, Petitioner's contractor shall be licensed, banded and insured. 3. In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs hereof against petitioner and Petitioner's Sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's Sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as tree court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's Sureties specific performance of the contract and compliance with the standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the city attorney's fees and costs, both in the Trial Court and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, shall deposit with the City an amount estimated to ecpal pole and luminar maintenance fees, for street lighting facilities according to Portland General Electric schedule #91, Option "B together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ N.A. 5. The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner shall pay prescribed inspection fee of 4% of the total estimated cost of the construction; said fee being $ 2,713.48. 6. The City agrees to install street identification and traffic signs for said street, in consideration of payment in the amount. of 531.12 7. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall submit a 'certificate of installation conformance° and one as-built mylar, both stamped by a registered civil engineer to the City to notify the City of readiness for conditional acceptance inspection, and then upon notification by the Engineering Department, that the requirements of the City have been met, the Petitioner will submit to the city a good and sufficient guarantee bond if not already provided with the performance bond, form approved by the City to provide for correction of any defective work or maintenance becoming apparen= or arising within one (1) year after conditional acceptance of the public improvements by the City. 8. Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as above set forth. STREET DEDICATION COMPLIANCE AGREEMENT PAGE 2 VU0 0 S31SHdH3H-0N0VH %kd b0:0I S61ZIILO 9. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of readiness for final inspection and upon certification by the Engineering Department that all requirements of the City have been met, the City agrees to accept said improvements for operation and maintenance responsibility, and release the Petitioners Guarantee Bond. IN WITNESS WHEREOF, Che partie8 have executed this agreement pursuant to authority in each of them. CITY OF 'TIGARD: PETITTO SR: Macno-Hum hries abs Inc.. By- By : City Engineer (Attached Notary Ac)mowledyment) Return Signed Copy to: Magno-Humprhies Labs, Inc, 8800 SW Commercial St. Tigard, Or 97223 d j/S14! Magno-N=phriec -1& a STREET DEDICATION COMPLIANCE AGREEMENT PAGE 3 bUO Q S3ISHdHaH-0N9VH XVA bO:UT 98" ZT/LU DEVELOPER - ENGINEER AGREEMENT City Engineer 13125 SW Hall Blvd. Tigard. OR 97223 RE: SW Co;nercial Street Improvament Dear City Engineer: We hereby certify that Harris-McMonaole Assoc., Inc. (Tigard, OP.) has been retained by Maano--Humphries Labs, Inc. (Tigard, 0R) to perform the following work pertinent to the above project. 1. Perform the surveying or verify the existing surveying information as necessary for the design. 2. If necessary, provide for the expertise of other engineers such as soils or structural engineers. 3. Prepare construction drawings in accordance with the City standards and obtain the City, and if applicable, DEQ, County, or State approval of such drawings. 4. Supply construction staking. 5. Provide adequate inspection to assure compliance with City Specifications, and keep accurate field notes in order to prepare "as-built" drawings. The following minimum activities are required of the designated inspecting engineer: A.* Execute a form (this form) accepting responsibility. S. Maintain a project log book which contains at least the following information. 1. Job number and name of engineer and designees; 2. Date and time of site visits; 3. Weather conditions, including temperature; 4. A description of construction activities; 5. Statements of directions to change plans, specifications, stop work, reject materials or other work quality actions; 6. Public agency contracts which result in plan changes or other significant actions; 7. Perceived problems and action taken; 8. General remarks; 9. Final and staged inspections; 10. Record all material, soil, and compaction tests. C. The inspection engineer shall obtain and use a copy of city- approved construction plans and specifications. 0. Review and approve all pipe, aggregate, concrete, A.C. and other materials to ensure their compliance with City standards. S;000 S3IHHdHaH-0N9VH XVJ tO:OT 96/ZT/LO E.' Approve all plan or specification changsi5 iri wriL.ing and obtain City approval. F. Monitor and concur in construction activities to ensure end products meet City specifications. G. Perform or have performed material, composition, and other tests required to ensure City specifications are met. H. Periodically check that curb, storm sewer work and pavement grades are in accordance with adopted plans. i. For pavement construction, perform the following stage inspections and record date of each: 1. Curbs are built to line and grade; 2. Subgrade meets grade and compaction specifications; 3. Base rock meets grade and compaction specifications; 4. Leveling course meets grade and compaction specifications; S. wearing Course illects grade and compaction specifications. J. For sewer construction. perform the following stage inspections and record the date of each: 1. sewers are installed to proper line and grade; 2. Trenches are properly backfilled and compacted; 3. Construction staking is adequate to ensure that the sewer is properly installed with respect to easement, right-of-way, and property lines; 4. Air testing and video inspections are performed according to standard procedures. K, For grading, ensure that the grading plan, as staked, will result in acceptable slopes along exterior property lines, proper on and offsite drainage; and erosion control. L. Certify to the City the value of and amount of all work remaining to be completed to enable release of monies or a reduction of assurance amount. M. File a completion report which contains: 1. The original of the project completion certification; 2. A complete copy of the log book initialed by the inspecting engineer; 3. A complete set of as-built mylar plans; 4. The results of material tests, compaction tests, and soil analysis as detailed in the log book. N. Call to the City's attention within two (2) working days all plan changes, material changes, stop work order or errors or omissicns in the approved plans or specifications. 0_ Notify the City 24 hours before the start of construction or res=Ption of work after shutdowns, except for normal resumption of work following Sunday:, or holidays. 900e S31SHJHaH-ONDVH XVA t0:01 SB ZIiLO * The inspecting engineer of record must be registered to practice engineering in the State of OregOn• The engineer must personally perform all activities marked by an and must supervise all individuals performing delegated activities. material testing not performed by the inspection engineer must be accomplished by a recognized testing firm or another registered engineer. 6. upon completion of construction, provide written certification that all improvements are complete in accord with the approved plans and specifications. 7. Cbtain City approval prior to any substantial deviation from the approved plans. 8. Resolve engineering and construction related problems as may arise. We agree to notify the City immediately if the above agreement is terminated or if the engineer for any reason is unable so perform the above duties. Mau o-Humphra es Labs, InC.. iarris-m lonagle Assoc., Inc.. 1 _ -molt ;e!o> (Engineer) D to l Date d; l~N: Naq^o-s!umrnr i?B. 1!:h LOOZ S3IHBJH11H-ON9dH Xdd bO.OT 96/ZT/LO August 11, 1995 SIGN IN SHEET Magno-Humphries/Commercial Street Improvements ame Company Phone 1. Gn 42 - /7 2. / v . 163 9 - 417.1 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. iI Pre-Construction Conference Private Development 1. ign- S up sheet 49o-" 2. Fees, bonding, Engineering Agreement D-3. Approved plans: Initial and distribute ~4. No major changes to plans without notification to and approval from VVV~VV/ City. ~svt 5. Erosion Control / 6. Hours of Work: Mon .-Fri. 7am to 9pm, Sat. 8am to 9pm, Sun. 9am to 9pm. No work permitted during hours bf darkness. 7. No weekend work without a minimum of 24 hours notice and approval from City, if inspection needed on weekend contractor must submit form and pay for inspectors overtime. 8. Inspection notification: Staged inspections required. 24 hours advance notification required (hand out of Inspection Requirements). 9. Traffic control: Access & Egress restrictions and signing. Submit traffic control plan if applicable. -fL Fvgyp . 10. Contacts: Emergency phone numbers (office, mobile...).' co V 1. Site specific issues ? (sensitive lands..:). +K4 wI' 12. Tree removal: Tree cutting permit is required from planning, submit removal plan to planning to obtain permit. 13. TIF credits: (may or may not apply) Vtt3 lei- Is, 14. Demo or other permits ? Existing septic ? (may or may not apply) V 15. Grading inspections per UBC chapter 70. (Hand out general note on grading). 16. Construction schedule: V 17. Engineer provides primary inspection, City secondary. ~18. 30 day notice required for pre-acceptance t.v. inspection by City. (during one year maint. period and prior to placing second lift of pavement). laG'~ l aC~l o~ UK, CITY OF TIGARD July 11, 1995 OREGON Thelma Magno-Humphries, President Magno-Humphries Labs, Inc. 8800 SW Commercial St. Tigard, Or 97223 Re: SW Commercial Street Improvements Dear Thelma: Enclosed, please find the Compliance Agreement, Engineering Agreement, and three different kinds of Performance Bond (forms) for said project (only one of which need be returned). After signature by the principals and notary, please return all documents to me along with a check, in favor of the City of Tigard, Oregon, in the sum of $3,244.60 dollars, in payment of the fees described within the Compliance Agreement. After City execution and acknowledgement copies will be provided to you for your file. Thereafter, you will need to schedule a pre-construction meeting with Mr. Michael Anderson (#639-4171), City Development Review Engineer. The approved public improvement construction plans will be issued at the meeting or shortly thereafter. Sincerely, John S. Hagman Engineering Technician dj/JH:Mango-Humphries.1&a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • STREET IMPROVEMENT COMPLIANCE AGREEMENT THIS AGREEMENT dated this day of , 1995, between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter termed the "City", and Maano-Humphries Labs, Inc., an Oregon Corporation hereinafter termed "Petitioner", W I T N E S S E T H: WHEREAS, Petitioner has applied to the City for approval for improvement of a portion of roadway known as SW Commercial Street as illustrated on the attached construction plan, and by reference made a part hereof; and WHEREAS, the City of Tigard requires Petitioners for street improvement to install streets, sidewalks, street lighting, storm sewers, sanitary sewers, utilities and other public facilities to City standards and specifications and requires the payment of fees; and WHEREAS, the City has adopted the Standard Specifications for Public Works Construction, Oregon Chapter APWA, for street, structure and related work, and Unified Sewerage Agency Standards and Specifications, for sewer construction, prepared by professional engineers for public street improvement; and WHEREAS, the public improvements to be constructed in the said street area are incomplete, and the parties herein named desire to protect the public interest generally by legally enforceable assurance that public improvements will be installed as required and completed within the time hereinafter set forth, NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agreements to be kept and performed by the Petitioner and its surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed with the intent and purpose to complete all public improvements as shown on the improvement plan, as approved by the City of Tigard, prepared by Harris-McMonagle Associates, Inc. (Tigard, OR) dated February 28, 1995. Said improvements to be completed no later than one (1) year from the date of this agreement, and Petitioner hereby agrees to comply with standard specifications as adopted by the City, or as otherwise be or have been approved by the City to comply with all terms and provisions specified herein this improvement by the Council and Planning Commission of the City of Tigard, Oregon, and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, and one as-built mylar, both stamped by a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. 2. To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $67,837.00 STREET DEDICATION COMPLIANCE AGREEMENT PAGE 1 dollars, a copy whereof is attached any by this reference made a part. Petitioner's contractor shall be licensed, bonded and insured. 3. In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs hereof against Petitioner and Petitioner's Sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's Sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's Sureties specific performance of the contract and compliance with the standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City attorney's fees and costs, both in the Trial Court and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, shall deposit with the City an amount estimated to equal pole and luminar maintenance fees, for street lighting facilities according to Portland General Electric Schedule #91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ N.A. 5. The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner shall pay prescribed inspection fee of 4% of the total estimated cost of the construction; said fee being $ 2,713.48. 6. The City agrees to install street identification and traffic signs for said street, in consideration of payment in the amount of $ 531.12 . 7. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance" and one as-built mylar, both stamped by a registered civil engineer to the City to notify the City of readiness for conditional acceptance inspection, and then upon notification by the Engineering Department, that the requirements of the City have been met, the Petitioner will submit to the city a good and sufficient guarantee bond if not already provided with the performance bond, form approved by the City to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after conditional acceptance of the public improvements by the City. 8. Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as above set forth. STREET DEDICATION COMPLIANCE AGREEMENT PAGE 2 9. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of readiness for final inspection and upon certification by the Engineering Department that all requirements of the City have been met, the City agrees to accept said improvements for operation and maintenance responsibility, and release the Petitioner's Guarantee Bond. IN WITNESS WHEREOF, the parties have executed this agreement pursuant to authority in each of them. CITY OF TIGARD: PETITIONER: Macrno-Humphries Labs, Inc. By: By: City Engineer (Attached Notary Acknowledgment) Return Signed Copy to: Maano-Humprhies Labs, Inc. 8800 SW Commercial St. Tigard, Or 97223 dj/JH:Magno-Humphries.1&a STREET DEDICATION COMPLIANCE AGREEMENT PAGE 3 DEVELOPER - ENGINEER AGREEMENT City Engineer 13125 SW Hall Blvd. Tigard, OR 97223 RE: SW Commercial Street Improvement Dear City Engineer: We hereby certify that Harris-McMonagle Assoc., Inc. (Tigard, OR) has been retained by Magno-Humphries Labs, Inc. (Tigard, OR) to perform the following work pertinent to the above project. 1. Perform the surveying or verify the existing surveying information as necessary for the design. 2. If necessary, provide for the expertise of other engineers such as soils or structural engineers. 3. Prepare construction drawings in accordance with the City standards and obtain the City, and if applicable, DEQ, County, or State approval of such drawings. 4. Supply construction staking. 5. Provide adequate inspection to assure compliance with City Specifications, and keep accurate field notes in order to prepare "as-built" drawings. The following minimum activities are required of the designated inspecting engineer: A.* Execute a form (this form) accepting responsibility. B. Maintain a project log book which contains at least the following information. 1. Job number and name of engineer and designees; 2. Date and time of site visits; 3. Weather conditions, including temperature; 4. A description of construction activities; 5. Statements of directions to change plans, specifications, stop work, reject materials or other work quality actions; 6. Public agency contracts which result in plan changes or other significant actions; 7. Perceived problems and action taken; 8. General remarks; 9. Final and staged inspections; 10. Record all material, soil, and compaction tests. C. The inspection engineer shall obtain and use a copy of City- approved construction plans and specifications. D. Review and approve all pipe, aggregate, concrete, A.C. and other materials to ensure their compliance with City standards. E.* Approve all plan or specification changes in writing and obtain City approval. F. Monitor and concur in construction activities to ensure end products meet City specifications. G.* Perform or have performed material, composition, and other tests required to ensure City specifications are met. H. Periodically check that curb, storm sewer work and pavement grades are in accordance with adopted plans. I. For pavement construction, perform the following stage inspections and record date of each: 1. Curbs are built to line and grade; 2. Subgrade meets grade and compaction specifications; 3. Base rock meets grade and compaction specifications; 4. Leveling course meets grade and compaction specifications; 5. wearing course meets grade and compaction specifications. J. For sewer construction, perform the following stage inspections and record the date of each: 1. Sewers are installed to proper line and grade; 2. Trenches are properly backfilled and compacted; 3. Construction staking is adequate to ensure that the sewer is properly installed with respect to easement, right-of-way, and property lines; 4. Air testing and video inspections are performed according to standard procedures. K. For grading, ensure that the grading plan, as staked, will result in acceptable slopes along exterior property- lines, proper on and offsite drainage; and erosion control. L. Certify to the City the value of and amount of all work remaining to be completed to enable release of monies or a reduction of assurance amount. M. File a completion report which contains: 1. The original of the project completion certification; 2. A complete copy of the log book initialed by the inspecting engineer; 3. A complete set of as-built mylar plans; 4. The results of material tests, compaction tests, and soil analysis as detailed in the log book. N. Call to the City's attention within two (2) working days all plan changes, material changes, stop work order or errors or omissions in the approved plans or specifications. 0. Notify the City 24 hours before the start of construction or resumption of work after shutdowns, except for normal resumption of work following Sundays or holidays. • • * The inspecting engineer of record must be registered to practice engineering in the State of Oregon. The engineer must personally perform all activities marked by an and must supervise all individuals performing delegated activities. Material testing not performed by the inspection engineer must be accomplished by a recognized testing firm or another registered engineer. 6. Upon completion of construction, provide written certification that all improvements are complete in accord with the approved plans and specifications. 7. Obtain City approval prior to any substantial deviation from the approved plans. 8. Resolve engineering and construction related problems as may arise. we agree to notify the City immediately if the above agreement is terminated or if the engineer for any reason is unable to perform the above duties. Magno-Humphries Labs, Inc.: Harris-McMonagle Assoc., Inc.: (Developer) (Engineer) Date Date dj/JH:Magno-Humphries.lsa AGREEMENT WITH DEPOSITOR AND TRUSTEE ON SAVINGS OR DEPOSIT This agreement is for the purpose of fulfilling the requirements of the Stn? Commercial St. Street Compliance Agreement, dated between the City of Tigard and Magno-Humphries Labs, Inc. and is entered into by the Depositor Magno-Humphries Labs, Inc. and Trustee. The undersigned depositor and trustee do hereby assign the right to the City of Tigard to determine at its discretion the payment of all funds or securities held by Trustee in the amount of $67,837.00 dollars in Savings Account No. , or Deposit No. in accordance with and for the purpose of assuring street improvements described in the above stated Compliance Agreement. It is understood and agreed that the Trustee will hold such funds or securities in the amount of $67,837.00 dollars until an authorization or direction for payment or partial payment is received from the City of Tigard and that the City of Tigard has the right to withdraw Principal Funds with City of Tigard signature only, in the event of Non- Performance. All fund deposits shall be renewable at maturity and at rates and terms in effect at the time of renewal, and all interest shall be paid to or accrued as directed by the Depositor notwithstanding anything contained herein to the contrary. That account is to remain open until such time as all improvements are completed and accepted by the City of Tigard. Signed and dated at Oregon. This day of 1995. Signature - City of Tigard Signature of Depositor - Magno-Humphries Labs, Inc. 13125 S.W. Hall Blvd. Tigard OR 97223 8800 S.W. Commercial St. Address Tigard, Or 97223 ACCEPTANCE (Trustee) The undersigned hereby accepts the funds or securities deposited in the amount of $67,837.00 dollars this day of , 19 , and hereby acknowledges receipt of the Passbook Savings Account No. _ ; or the Certificate for Deposit No. or certifies that there is no Passbook issued for this account. It is further agreed that said account will be held for the uses and purposes above stated until authorization for disposition is granted by the City of Tigard. Authorized Signature (Trustee) Address dj/JH:Mango-Humphries.1&a STREET IMPROVEMENTS PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENCE, that we Maano-Humphries Labs, Inc., an Oregon Corporation, as Principal, and , a corporation duly authorized to conduct a general surety business in the State of Oregon, as Surety, are jointly and severally held bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called obligee, in the sum of $67,837.00 dollars, lawful money of the United States of America, for the payment of which we, as Principal, and as Surety, jointly. and severally bind ourselves, our successors and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are constructing street improvements along a portion of SW Commercial Street, located in the City of Tigard, Oregon, and have entered into a Compliance Agreement with respect to timely development and improvement, a copy of said Agreement is attached, and by reference made a part hereof; and NOW, THEREFORE, if the ,Principal herein shall faithfully and truly observe and comply with all terms of the Agreement and shall well and truly perform all matters and things undertaken to be performed under said Agreement and under all ordinances, regulations and conditions of the Obligee applicable to said development and improvement, and shall promptly make payments to all persons supplying labor or material for any of the work provided by said agreement, and shall not permit any lien or claim to be filed or prosecuted against the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies, the City, in the event it shall prevail, shall be entitled to recover such sums as the Court may adjudge reasonable as and for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this day of 1995. Maano-Humphhies Labs, Inc.: Principal By: (A true copy of the Power of Attorney must be attached to the original of Surety this bond). Attorney in Fact Address dj/JH:Magno-Humphries.1&a LETTER OF COMMITMENT (Performance Bond) (I)(We) Macrno-Humphries Labs, Inc., have received from (lending institution), a loan commitment in the amount of $67,837.00 dollars to finance street improvements located in the City of Tigard, Oregon, said improvements being commonly known as SW Commercial Street Improvement. This loan commitment is specifically for construction purposes. All such improvements are to be completed in conformity with City approved construction plans and the permit thereinregard. (I) (We) have agreed that disbursements of the $67,837.00 dollars will be made in accord with the following schedule upon completion of each, or all, item(s); but not including the hold-back described below. ITEM AMOUNT Site Preparation/Restoration $ 15,310.00 Street & Appurtenances 36,925.00 Storm Sewer & Appurtenances 1,500.00 water Appurtenances 600.00 Concrete Sidewalk & Apron 7,520.00 Miscellaneous (traffic control, traffic striping, signs, etc.) 5,982.00 (I) (We) have entered into a "Street Improvement Compliance Agreement" whereby we have agreed to install all improvements in accordance with the requirements of the City of Tigard and we are hereby authorizing you to hold the above-stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided written certification acknowledging release of any or all sum(s), or portions thereof, pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 10% of the commitment funds (i.e., $6,783.70) will be held back through the normal one year guarantee period or until final City Acceptance of the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of City conditional acceptance of the work, to assure continued freedom from defects, and maintenance, during the guarantee period. Concurrent with the final release of these funds, establishment proceedings will be instituted. It is understood and approved by all parties of concern to this letter of commitment that the City of Tigard shall have first claim and priority to the sum of $67,837.00 dollars less LETTER OF COMMITMENT (Performance Bond) Page 1 disbursements approved by the City of Tigard, in the event of any defects or failures to correct such in the construction of the required improvements. It is further understood and agreed that the aforesaid priority of claim is paramount to all parties including the lending institution making the loan and that the lending institution has covenanted and agreed that the sum of $67,837.00 dollars less disbursements approved by the City of Tigard shall be held available to satisfy any aforementioned claim by the City notwithstanding default on loan by borrowing party or termination of loan by lending institution. Sincerely, Magno-Humprhies Labs, Inc. By. Title: Address: 8800 Std Commercial St. Tigard, OR 97223 Approved and Accepted: (Lending Institution) Address: (Attach notary information and signature(s) authority) dj/JH:Mango-Humphries.1&a LETTER OF COMMITMENT (Performance Bond) Page 2 i • AGENDA ITEM # / For Agenda of July 18, 1995 J CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Eligibility of certain street improvements for TIF credits PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK u1."""---------------------------------------------------------------------------- ISSUE BEFORE THE COUNCIL For the purpose of determining TIF credits, should certain required safety improvements on Commercial Street be considered to be improvements to the safety of Hall Boulevard? STAFF RECOMMENDATION If the Council determines that the attached request for eligibility is valid, then the Council should, by motion, direct the City Engineer to treat the improvements as eligible safety improvements in reviewing any TIF credit requests for the project. INFORMATION SUMMARY The TIF (Traffic Impact Fee) ordinance of the County applies uniformly to all new development throughout the County. By intergovernmental agreement, the City administers the TIF ordinance for all development within the City limits. The TIF ordinance provides for credits for developers making certain capacity and safety improvements on eligible streets listed in the TIF ordinance. The developer can then use the credit to reduce the amount of TIF due on the development. Hall Boulevard is one of the streets eligible for TIF credits. Commercial Street is not eligible for credits. Magno-Humphries proposes to construct a new warehouse building on their property at the corner of Hall and Commercial. As a condition of the site development review approval, they are required to make improvements to Commercial Street along their frontage. The improvements include regrading of a portion of Commercial near Hall to improve sight distance. Also, some additional widening is required near Hall to maintain turn lanes on Commercial Street. The argument has been made that the required safety improvements on Commercial are actually intended to protect the safety of the intersection at Hall Boulevard. Mayor Nicoli informally presented this concept to Council at a-recent Council meeting. The request has now been formally presented in the attached letter from the applicants' engineer. Typically, TIF credits do not require Council review. The City Engineer is authorized to grant the credits in accordance with the detailed guidelines of the County ordinance. However, in this case, the applicant has requested a special interpretation. Although the improvements are on a non-eligible street, they argue that eligibility exists because the improvements will provide safety benefits to a nearby eligible street. Because this request requires a special interpretation not clearly defined in the ordinance, Mayor Nicoli has requested that the request be brought before the Council for review and policy determination. Note that the costs shown in the attached letter are only estimates of the construction costs. If Council determines that the improvements are eligible for TIF credits, the amount of the credit will be based on actual construction costs in accordance with the TIF ordinance. The credit amount would be determined by the City Engineer after the construction is completed and after the applicant has submitted documentation of actual construction costs. The County ordinance provides an appeal process if the applicant disagrees with the Engineer's final determination of credit amount. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES TIF credits reduce the amount of TIF revenue available to fund capital improvement projects. rw/tif-sum Orris-McMonagle Associates,40c. ENGINEERS-SURVEYORS 12555 a1V. tLALL BLVD. TIGARD, OREGON 97223-62`7 'Iblephone (503) 6:39-:3453 RECE!" July 6. 1995 Randall R. Wooley, P. E. City Engineer City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Project: Magno-Humphries - Commercial Street Improvement Randy: We have prepared construction plans for a one-half strut improvement in SW Commercial Street across the frontage of the tifagno-Humphries site. A 20 foot wide improvement on the south side of the street is required as a condition of approval of their proposed plant expansion. To bring the street into conformance with the City's Public Improvement Design Standards and to facilitate turning movements at Hall Boulevard additional work over and above the required 20 foot wide improvement will be necessary. On the enclosed cost estimate I have broken this additional work out into two categories: that involved with safety, the lowerinc, of the grade to provide adequate sight distance and that involved with the widening over 20 feet to provide turn lanes. On behalf of our client, Thelma Magno-Humphries, we are hereby requesting a credit be given to the Traffic Impact Fee in the amount of the cost of this construction. Sincerelv, J. R. (Jim) Harris. P.E. Principal Mlitif 0ARRIS-INkMONAGLE ASS*ATES ENGINEERS - SURVEYORS 12555 SW HALL BLVD. -TIGARD.OREGON 97223 TEL. 639-3453 F:L\ 639-1232 June 30. 1995 PROJECT: MAGNO-HUMPHRIES - COMMERCIAL STREET SUBJECT: ESTIMATED COST OF CONSTRUCTION ELIGIBLE FOR T.I.F. CREDITS CRITERIA FOR DETERMINING CONSTRUCTION ELGIBLE FOR CREDITS: A. All construction related to stftev: lowering of grade between 12+00 and 14+25 to gain sight distance. B. All construction over and above that required for a standard 20 foot (from center line) improvement: widening for turn lanes. fire hydrant relocation. striping for turn lane and crosswalk NOTE: • Excavation is in that portion of the street between stations 12+00 and 14+25. • Rock and paving under Criteria "A" is for the repaving of the north side due to the lowering of the grade. • Rock and paving under Criteria "B" is for the turn lane widening in excess of 20 feet from center line. ITEM DESCRIPTION UNITS MEASURE UNIT COST TOTAL COST CRITERIA "A" CONSTRUCTION 1. Excavation, south side to top of curb 165 c.y. 10.00 1,650 2. Excavation, north side to subgrade 421 c.y. 10.00 4,210 3. Saw cut existing pavement north side 100 If 2.00 200 4. Rock & paving, north side 413 s.y. 19.50 8,054 Sub-total 14,114 CRITERIA "B" CONSTRUCTION 5. Rock and paving 50 s.y. 19.50 975 6. Fire hydrant relocation 1 each 450.00 450 7. Striping, 4-inch solid 217 If f. 0.12 26 8. Pavement arrows 4 each 100.00 400 9. Crosswalk marking, thermoplastic 110 s.f. 3.00 330 Sub-total 2,181 TOTAL ESTIMATED COST OF CONSTRUCTION ELGIBLE FOR T.I.F. CREDITS $16,295 mhcomm H_4RRIS-McMONAGLE ~S0CUTES, INC.L IEUU(3 00 F -Tmbus(~Q`a aNc~l~-SU RS 12555 S.W. HALL BLVD. TIGARD, OR 97223-6287 PHONE (503) 639-3453 o.rs 7110119,5- jo* Mo. at. TO Q- GENTLEMEN: WE ARE SENCING YOU Attached = Under separate cover via the following items: Shop drawings = Prints Plans y Samples Specifications Copy of letter Change order COPIES I DATE I NC. I OESCRIPTION I ~ I I I s a' B~u ~ ~ ~ (~r»m ~2L~ i I .-ESE ARE TRANSMi as checked below: J -0r approval _ Azoroved as submitted _ Resubmit ::.pies for approval For your use = ADDroved as noted = Submit ccpies for distribution As requested _ Returned for corrections = Return corre= ed pnnts For review and comment FOR BIDS DUE 19 = PRINTS RETURNED ArT:R LOAN TO US REMARKS A-25' ' ZR j r- / n A ) & COPY TO SIGNi:D: CITY OF TIGARD, OREGON DEVELOPMENT SERVIt:ES DEPARTMENT PUBLIC IMPROVEMENT FEE COMPUTATION SHEET tt Project Title: ~p l-V~ vvlP.tr-c.t~h Imprv pe: _ -7 q'97 Computed By: Date: "7 1. PROJECT PERMIT FEE (T.M.C. 18.164.150): A. Improvement cost estimate, (Adjusted Cost) B. 0.04 x $ OS-7 $ Z/3.4o (Adjusted Cost) ` 2. SANITA EWER MAIN, PLAN CHECK AND INSPECTION FEE (Ord. No. 85-02): A. Contract 7:~ arge applicable yes, no. (agreement name) B. Sewer Improvement cost estim $ (sewer est.) C. 0.04 x $ _ $ _ (sewer estimate) e) [or] $100.00 min., whichever is greater $ 3. STREETLIGHT FEE (T.M.C. 18.164.130 (x) & 3.08.010): A. P.G.E. Schedu o. Option No. Type of Lamp Lumens/Watts Type of Pole Height (monthly rate) (no. of lights) $ x = /mo. (monthly rate) (no. of poles) ,n A - . $ + x 24 mo hs Ia A (subtotal lights) (Subtotal poles) 4. TRAFFIC-PEDESTRIAN SIGN FEE (T.M.C. 18.164.030(u): A. Stop: _ @ = $ . (number)T (each) (subtotal) B. St. Name:- @ $ C. Combo: @ $ i = $ D. No. Parking @ $ c9e. !97 Z_ _ $ S31 t? i E. @ $ _ (Misc.) F. @ Sign(s) Total $ 5 3 I,IZ 5. GRAND T-01-AL (FEE'S DUE) $ Receipt No.: _ c1.S- Mk0$_? Date Paid: Check Cash 0920P RRIS-McMONAGLE ASSOWTES • ENGINEERS •SURVEYORS 12555 SW HALL BLVD. - TIGARD, OREGON 97223 TEL. 639-3453 FAX 639-1232 1 l June 30, 1995 PROJECT: MAGNO-HUMPHRIES - COMMERCIAL STREET EST-ICI SUBJECT: CONSTRUCTION COST ESTIMATE mhcomm ITEM DESCRIPTION UNITS 'MEASURE UNIT COST TOTAL COST 101 Traffic control 1 lump sum 5,000.00 5,000 102 Erosion/sedimentation control 1 lump sum 1,200.00 1,200 103 Excavation,fill & grading 1,411 c.Y. 10.00 14,110 104 Curb & gutter 106 IT 8.00 848 105 Curb, standard 16-inch 454 l.f. 6.00 2,724 106 Saw cut existing pavement 505 If 2.00 1,010 107 Rock & paving 1,644 s.y. 19.50 32,058 108 Rock shoulder 30 s.y. 9.50 285 } ~ 109 Driveway approach 460 s.f 3.50 1,610 110 Sidewalk 2,304 s.f 2.50 5,760 ~r 111 Rock fill behind sidewalk 10 c.y. 15.00 150 ~1 ~ 112 Pipe, 12-inch storm drain 12 If 25.00 300 ~•1 lL` . 113 Catch basin, USA # 170 1 each 1,200.00 1,200 >a 114 Fire hydrant relocation 1 each 450.00 450 115 Rock backfill 10 c.y. 15.00 150 1122 Street sign relocation 2 each 50.00 100 Signs, no-parkin 6-each Object marker, type 2 2 each 40.00 80 Striping, 4-inch solid 217 I f 0.12 26 Striping, 4-inch dashed 460 I.f. 0.10 46 Pavement arrows 4 each 100.00 400 Crosswalk marking, thermoplastic 110 s.f. 3.00 330 TOTAL ESTIMATED COST . r$6~343'7- G C - ~ fvo - - --77 ~ g-3 7 H-ARRIS-McMONAGLE ~S0'CUTES, INC.MEl'TIO @F VoumanoirmuL Er pins-SU RS 12555 S.W. HALL BLVD. TIGARD, OR 97223-6287 DAYS JOB No. PHONE (503) 639_-3453 • I ATYSNTION RECEIVED P C: /r ` JUL 1895 JUL 6 1995 I GENTLEMEN: COWimu n DEVELOPMENT nn~~~~U uY,QE ELOPMENT WR ENMNG YOU Attached = Under separate cover via the following items: Shop drawings Prints = Plans Samples Specifications Copv of letter = Change order COPIES I DATE ( No. DES:RIPTION i I ~ i ARE TRAN'-zMI i , as :necked •oeiow: ror acoroval _ Aooroved as submitted = Resubmit ccoies for approval =or your use = AoDroved as noted = Submit ccoies for distribution = As recuested = Returned for corrections = Return corre= ed onnts For review and comment FOR BIDS DUE 1-9 = PRINTS RETURNED Ari:R LOAN TO US REMARKS -,~%'r-.4e- + COPY SIGNED- From: Self <MIKE A>`e To: Bill,Cathy Subject: Magno-Humphries Building Permit Date: 28 Jun 95 17:55:19 The.request for approval of the drainage acceptance came from Jim Funk, Building Department plan check division. Engineering had construed the development as "no change" and they were exempted from the water quality and water quantity fees. June 23, 1995 CITY OF TIGARD OREGON Mr. Jim Harris Harris-McMonagle Assoc., Inc. 12555 SW Hall Blvd. Tigard, OR 97223-6287 Re: Commercial Street Improvement (Magno-Humphries) Dear Mr. Harris: Attached please find one set of `redline' public improvement construction plans; said plan(s) having been provided to the City for preliminary review. Our few remaining comments are noted thereon. Please make all revisions and, then, submit seven (7) sets to this office along with the construction cost estimate to enable issuance/ distribution. Sincerely, John S. Hagman Engineering Technician Enclosure d]/doc2.1tr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 - - - - - - • June 13, 1995 CITY OF TIGARD OREGON Mr. Jim Harris Harris-McMonagle Assoc., Inc. 12555 SW Hall Blvd. Tigard, OR 97223-6287 Re: Commercial Street Improvement (Magno-Humphries) Dear Mr. Harris: Attached please find one set of `redline' public improvement construction plans; said plan having been provided to the City for preliminary review. Our comments are noted thereon. Please make revisions and, then, again submit two sets to this office, along with the construction cost estimate, for review. If the revised plan is satisfactory we will request seven plansets, by telephone, to facilitate City distribution/issuance. cerely, .mil John S. Hagman Engineering Technician Enclosure dj\DOC2.ltr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 TRANSMITTAL Harris-McMonagle Associates Engineers - Surveyors 12555 S.W. Hall Blvd. RECEIVED Tigard, Oregon 97223 TEL. (503) 639-3453 - Fax 639-1232 :JUN 0 81995 ' MMUNITY bkvtLurmlENV TO: DATE: PROJECT: WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS: SHOP DRAWINGS PRINTS SAMPLES CHANGE ORDER COPY OF LETTER DATA SPECIFICATIONS MYLARS OTHER: FOR YOUR: R MENTS APPROVAL USE FILE COPIES DATE DESCRIPTION REMARKS: SIGNED: May 19, 1995 CITY OF TIGARD OREGON Mr. Jim Harris Harris-McMonagle Associates, Inc. 12555 SW Hall Blvd. Tigard, OR 97223-6287 Re: Commercial Street Improvement (Magno-Humphries) Dear Mr. Harris: Attached please find one 1 set of `redline' public improvement construction plans; said plan having been provided to the City for preliminary review. Our comments are noted thereon. Please make all necessary revisions and, then, again submit two sets to this office for review. Sincerely, rte. J. John S. Hagman Engineering Technician Enclosure dj/DOC2.1Cr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 MAY 05 195 03:48PM ALPHA ENGINEERING & w 1 1/3 r~ HA ENGINEERING, n ' Op ~J 4/1 e 9600 S.W. OAIC SMITE 230 PORTLAND, OR 97223 (503) 452-8003 FAX: (503) 452-8043 L,u.~~S=ooh-- FAX COVER SHEET DATE: TIME: T0: FAX NO. JOB NO. RE: FROM.-.e~% Number of pages (including cover sheet). COMMENTS: 0 forrmVax1ong.frm MAY 05 '95 03:49PM ALPHA ENGINEERING P.2i3 February 5, 1992 CITY OF TIGARD Bruce P. Deschner OREGON Magno-Humphries, Inc. P.O. Box 230626 Tigard, OR 97223 Re: Commercial Street Improvements Dear Mr. Deschner: You are proposing further development of the Magno-Humphries property at SW Commercial Street and Hall Boulevard (?JCTM 251 2AD 1203). As we have discussed, improvement to Commercial Street is required as a condition of development. We have discussed options for satisfying this condition. At our meeting last week, you asked us to consider accepting payment of a fee in lieu of actual construction of street improvements. The fee would be calculated based on improvement of the south half of Commercial Street to full City standards along the entire Magno-Humphries frontage. The fee would be based on an estimate of current construction costs if the City were to construct the street improvements. The fee would be paid in full to the City at the time the building permit is issued. The City could then combine the payment with other funds in the future to complete a larger portion of the street as one project. Once the fee was accepted by the City, any future development proposals for the property would be reviewed as though full half-street improvements had been completed. While acceptance of a fee in lieu of street improvements is unusual, it has been done in the past in Tigard where warranted by special circumstances. After review of your proposed project with other staff members, I conclude that your proposed project does have special circumstances, as follows: • The project would enlarge an existing building but would not require any regrading of the site. The existing parking lot and other features along the Commercial Street frontage would remain unchanged. Therefore, delay of Commercial Street improvements would not cause any increased difficulty in matching street grades with site grades. • Because some regrading of Commercial Street is required, half- street improvements could not be made without also regrading the north side of the street at the same time. Regrading of the north side of the street prior to redevelopment of adjoining properties would be difficult due to the existing steep driveways on the adjoining properties. 13125 SW Hall Blvd, P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 MAY 05 '95 03:49PM ALPH NGINEERING P.3/3 • The proposed project will not generate significant volumes of additional traffic. • Magno-Humphries has previously made interim improvements along the frontage and the interim improvements remain functional. Based on this unique combination of conditions, we are prepared to accept a fee in lieu of street improvements. We calculate the appropriate fee to be $68,500. If this approach is acceptable to Magno-Humphries, you should request the fee in lieu at the time that you apply for site development review. Please note that your application for site development will be subject to Conditional Use review and a hearing will be required. We will recommend the fee-in-lieu approach to the Hearings officer but cannot guarantee that our recommendation will be accepted. Also, please note that our recommendation is based on the unique set of conditions that are outlined above, Should an application be submitted which varies from these conditions, we would need to again review whether a fee-in-lieu approach is appropriate. Please contact me if you have any additional questions. Sincerely, Randall R. Wooley City Engineer rw/magno2 c. Marcy Jacobs, EDD Ed Murphy, City of Tigard eoo~N j AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Thelma Humphries STAFF REPORT to allow the development of a 15,000 square foot CUP 95-0002 warehouse building on a site with an existing warehouse and food processing use. I. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0002 SUMMARY: A request for Conditional Use approval to allow the construction of a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street (WCTM 2S 1 02AD, Tax Lot 1203). The southwest corner of SW Commercial Street and SW Hall Boulevard APPLICABLE LAW: Community Development Code Chapters 18.66.040, 18.66.050, 18.96.020, 18.100.015, 18.100.030, 18.100.035, 18.100.110, 18.102, 18.106.020(P), 18.106.030(D)(2), 18.106.020(0),18.106.040(A)(1), 18.106.050(N), 18.106.080,18.108.050(A),18.108.080,18.114, 18.116, 18.120, 18.130.040, 18.130.150(C)(26), 18.150, 18.164.030(A) and (E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 5.1, 7.1.2, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 1 II. SITE AND VICINITY INFORMATION A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development Review approval in 1982 which added 1,920 square feet. In July of 1986 the City Council heard a zoning interpretation of the conditional permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use, a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. In December of 1994 Conditional Use Permit (CUP 94-0008) was approved to allow a request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. B. Site Information and Proposal Description: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. The property is developed with a 24,072 square foot industrial building and 95 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. C. Vicinity Information: Property to the north is developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the City of Tigard Water Department facilities. III. AGENCY COMMENTS HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page2 1. The City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. 2. The City of Tigard Water District states that an additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 3. The Oregon Department of Transportation states that ODOT recommends the applicant provide a traffic study to determine the potential impacts to SW Hall Boulevard. 4. GTE states that the developer is to provide conduit to GTE's specifications. 5. The City of Tigard Building Division, City of Tigard Police Department, City of Tigard Maintenance Services, Tualatin Valley Fire and Rescue, Unified Sewerage Agency, Portland General Electric, have reviewed the proposal and have offered no comments or objections. IV. EVALUATION OF REQUEST A. Community Development Code: 1. Chapter 18.66.040 lists Wholesale, Storage and Distribution as a Conditional Use in the CBD zone. Chapter 18.66.050 states that there is no minimum lot area and no minimum lot width requirement in the CBD zone. There are no setback requirements except 30 feet where a commercial use within the district abuts a residential zoning district. This property does not abut a residential zone, therefore there are no applicable zone setbacks. The applicant proposes to build a structure of 30 feet in height, well under the maximum 80 feet. The minimum landscape requirement is 15 percent. The applicant is providing approximately 12,937 square feet (16.5%) of landscaping, thereby satisfying this criteria. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page3 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide adequate area for the needs of the proposed use; 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. This proposal is consistent with the applicable approval standards. The site will provide adequate area for the construction of the proposed warehouse. Site characteristics are suitable for the proposed warehouse as there are no significant trees, water courses, wetlands or other natural features on the site. Adequate public facilities are available to serve this proposal. Compliance with the applicable zoning district requirements, site development review and Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the analysis presented within this report and review process. 3. Section 18.130.150(C)(26) contains the following additional Conditional Use criteria for Wholesale, Storage and Distribution: a) The lot area and dimensional requirements of the underlying zoning district shall apply; and b) Additional requirements shall apply as required by the underlying zoning district. Dimensional requirements are satisfied as discussed above. Compliance with additional code requirements shall be satisfied as presented within this report and review process. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page4 4. Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.80 (Planned Development), 18.92 (Density Computations), 18.94 (Manufactured/ Mobile Home Regulations), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under section 18.120.180.A.1. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The overall site is currently developed and does not contain natural drainage or existing trees in need of preservation. Buffering. Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as the proposal does not abut a different use as outlined in the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. A revised plan shall be submitted which shows how the mechanical devices on the roof shall be screened, year round, from adjoining properties and the public street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pages Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan for the perimeter of the building and parking lot shall be submitted for review and approval. 5. Section 18.100 contains standards for landscaping and screening. a. Section 18.100.015 requires that the applicant submit a landscaping plan, and that the approval standards are the applicable standards contained in Section 18.100 and which are listed below: b. Section 18.100.030 (Street Trees) states that all development projects fronting on a public, private street, or a private driveway more than 100 feet in legth shall be required to plant street trees in accordance with the standards in Section 18.100.035. Section 18.100.035(A) requires that landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in subsection 18.100.035(B). Section 18.100.035(B) requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium, or large). The preliminary plan indicates the provision of 7 red maple trees spaces approximately 27 feet apart along the frontage of SW Commercial Street, thereby satisfying this requirement. The plan also indicates that the trees shall be planted with a caliper of 1.5 inch whereas the code requires a minimum 2 inch caliper. A revised plan shall be submitted which provides for minimum 2 inch caliper street trees. C. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Section 18.100.110(A) (Screening of Parking and Loading Areas) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page6 effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. In an effort to meet the basic requirement of providing the required canopy effect, the site plan shall be revised to provide an additional (2) parking lot tree and shall be located in the area adjacent to SW Commercial Street. Section 18.100.110(B) and (D) (Screening of Refuse Contianers and Service Facilities) requires that such facilities be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. A revised site plan shall be submitted which indicates how the garbage enclosure is to be screened. 6. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A revised landscape plan shall be submitted which indicates the landscape material in front of the existing building. Compliance with vision clearance criteria shall be satisfied upon review of the revised landscape plan. 7. Section 18.106 (Off-Street Parking and Loading) contains standards for parking and loading. a. Section 18.106.030(D)(2) (Parking) requires that one parking space be provided for each 1,000 square feet of gross floor area within warehouse (plus 1 space per 200 square feet of office area). The proposed building requires 14 spaces based on approximately 14,300 square feet of warehouse and an additional 3 spaces based on approximately 700 square feet of office, for a total of 17 required parking spaces. Conditional Use (CUP 94-0008) required 39 spaces for the existing building and addition. The site therefore requires a total of HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 56 parking spaces to accomodate both the existing and proposed uses. The site plan shows the provision of 49 parking spaces. A revised site plan shall be provided which provides the required 56 parking spaces. b. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires 4 disabled parking space if 51 to 75 parking spaces are provided. A revised site plan shall be submitted which provides for an additional handicapped parking space. C. Section 18.106.050(N) requires that artificial lighting on all off-street parking facilities shall be designed to deflect all light so as not to create a hazard to the public use of any road or street. The applicant shall submitt a lighting plan in compliance with this standard. d. Section 18.106.020(0) (Bicycle Parking) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. This proposed building requires 17 parking spaces, therefore one (1) bicycle parking space shall be provided for this building. A revised site plan shall be submitted which shows the provision of one (1) bicycle parking space. e. Section 18.106.040(A)(1) (Compact Car Spaces) allows up to 40% of the required parking spaces to be compact. The code allows 22 of the required 56 parking spaces to be compact spaces. The revised plan shall provide for no more than 22 compact spaces. f. Section 18.106.080 (Off-street loading) requires that every industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. The plan shows the provision of two loading spaces, thereby satisfying this criteria. 8. Section 18.108.080 (Access and Circulation - Minimum Requirements) requires that commercial or industrial uses which provide fewer than 100 parking spaces to provide one access with a 30 foot access width. In addition, section 18.120.180 WO 1)(b) requires that circulation patterns within a development be designed to accomodate emergency vehicles. The plan shows a 40 foot driveway width, thereby satisfying this requirement. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page8 • • 9. Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress. Walkways shall provide convenient connections between buildings. Unless impractical, walkways shall be constructed between a new development and neighboring developments. The site plan does not provide for a walkway from the street to the entrance of the building. A revised site plan shall be submitted which provides for a direct connection from the building entrance to SW Commmercial Street. The plan shows the parking lot grade to be 166 with the sidewalk grade of 170. The street grade of SW Commercial Street is to be lowered with the street improvement. This will reduce the grade differential and allow for a more convenient walkway connection. The revised plan should incorporate the walkway with one of the required parking lot tree islands. 10. Section 18.114.130 (C) (Signs) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 11. Section 18.116 (Mixed Solid Waste and Recyclable Storage) requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. This requirement will be satisfied as a tree removal permit will be required for the removal of trees with trunk diameters of six inches or more in diameter. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page9 Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. B. Applicable Comprehensive Plan Policies. 1. 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 the applicant was required to hold a neighborhood meeting with nearby property owners, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a land use development application is pending for this property. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 11 standards. Policy 4.2.1 is satisfied as the applicant is providing an underground storm drainage system even though there is no net change in the amount of impervious surface. 3. Policy 7.1.2 provides 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 utilities placed underground. This policy is satisfied as addressed below. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. This policy is satisfied as addressed below. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. The conditional use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Public facility services are adequate to serve this proposal or shall be conditioned to be provided. 6. Policy 7.5.2 provides that as a part of the ongoing development review, the City shall require the Tigard Police Department to review development applications. The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. The Police Department has not provided any objections to the provision of service in this area to this development as it has been designed. 7. Policy 7.6.1 provides that the City shall require as a precondition to development that: A) The development be served by a water system having adequate water pressure for fire protection purposed; B) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and C) The applicable fire district review all applications. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. The Fire Department has not provided any objections to the provision of service in this area to this development. 8. Policy 8.1.1 provides 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 addressed below. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 12 9. Policy 8. 1.13 provides the City will require as a precondition of approval that: A) Development abut a dedicated street or have other adequate access; B) Street right-of-way shall be dedicated where the street is substandard in width; C) The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development; D) The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; E) 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 application complies with Policies 8.1.1 and 8.1.3 because the public improvements to the public streets adjoining this site will be required to be consistent with the City of Tigard road improvement standards. The street and access plans do not appear to raise any significant safety or capacity concerns. V. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP 95-0002 subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson,Engineering Department(639-4171). HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel3 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. d" 4. The applicant shall 1 0 pay Mr fee-in=-lieu-af- r-gmunding-- 5. An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 6. Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. C. Two (2) additional parking lot trees, to be located within the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page14 e. Landscape material in front of the existing building. f. Fifty-six (56) parking spaces. g. Four handicapped parking spaces. h. One (1) bicycle parking space. i. Maximum of 22 compact spaces based upon 59 required parking spaces. j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. 7. Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground. 8. A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 15 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page16 shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO THE CERTIFICATE OF OCCUPANCY: 9. All site improvements shall be installed as approved per the revised site plan. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by: 4/14/95 William D'Andrea Date Assistant Planner Approved by: (LL3-PAj c_e.~ 4/14195 Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page17 I r Rv 1 VOOY--19 t i APPLICANT I OWNER AREA BREAKDOM j TNELMA ww+wies TOTAL SITE awe,.. u Aa EECO SIR carIERCIaL Sr. E"Told OLDG, 2O.nG SP. TIGA17D. OR 15122,3 PIROPOSED ADDITION, 31 *2 SP. PPIOPOEED WARENONSEs 15000 SP. TOTAL SITE COVERAGES "im ~y p/~~V6(~~ TOTAL LAICICaMdG WS16 E.IRII EEIV IRVE 1 VIA T~~'~'~ 4~ SPACES 40% CQMTACT ALPHA ENOOCEP240 d- y00 BA OAK StATe 230 • mown O. OR vw3 ( 503 ) 482-ECGS PAX ( 903) 02-EOA3 a N~ W SW COMMERCIAL STREET - _ / _ ~.'L` ` _ _ - ~;_Y_ Yom.- _ ~ S e e s a,e~e~m~a a e e e leidle~®e a~e °'""-~-J'• M I '-r~ ar~dse®a;teo eeeea a - - - - - - - - - - - - SOUTHERN PACIFIC RAILROAD LL O . I- U PLOT PLAN CASE NO. EXHIBIT MAP CUP 95-0002 MAJOR MODIFICATION 1 f S f 00 -vJ' C ~ • W Q A 4 rtQo - 9d CL ~MM Q V LL O CASE NO. FF VICINITY CUp 95-0002 MAJOR MODIFICATION X H I B I T M. A P m~-wmHRI~ m°lm°N P' CONSTRUCTION PLAN REQUEST T0: 0 Building Division Maintenance Services Department S•A7P~ Planning Division FROM: Michael Anders n /kAV Data. 4,14 Plat Name: Case Number Address (s (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone PLEASE RETURN BY: COMMENTS : lylee- Nlu,&t fi/Z,5-. A6/`~~/ A0*17r BY: Date H:\CityTra2.mja MEMORANDUM CITY OF TIGARD, OREGON TO: William D'Andrea April 13, 1995 FROM: Michael Anderson, Development Review Engineer RE: CUP 95-0002 MAGNO-HUMPHRIES ADDITION Description: The applicant requests a Conditional Use Permit to allow the construction of a warehouse building on the same site adjacent to the existing structure located at the southwest corner of SW Hall Boulevard and SW Commercial Street. The site is known as of Tax Lot 2S1 2AD 1203, with the address of #8800 SW Commercial Street and a site area of 1.78 ac. FINDINGS: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re- constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re-constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. ENGINEERING COMMENTS CUP 95=02 MAGNO/HUMPHRIES ADD PAGE 1 However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson, Engineering Department(639- 4171). 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 2 3.• The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 3 C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. APPROVED: (~Z Randall R. Wool City Engineer n:\engineer\CUP95-02.mja ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 4 MEMORANDUM CITY OF TIGARD, OREGON TO: William D'Andrea April 13, 1995 FROM: Michael Anderson, Development Review Engineer RE: CUP 95-0002 MAGNO-HUMPHRIES ADDITION Description: The applicant requests a Conditional Use Permit to allow the construction of a warehouse building on the same site adjacent to the existing structure located at the southwest corner of SW Hall Boulevard and SW Commercial Street. The site is known as of Tax Lot 2S1 2AD 1203, with the address of #8800 SW Commercial Street and a site area of 1.78 ac. FINDINGS: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re- constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re-constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 1 However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. Also, along the frontage of SW Commercial Street are overhead utilities. The applicant should underground the existing utilities or pay the fee in-lieu of undergrounding. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson, Engineering Department(639- 4171). 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 2 are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 4. The applicant shall underground the existing utilities in SW Commercial Street or pay the fee in-lieu of undergrounding. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 3 may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. APPROVED: Randall R. Wooley, City Engineer n:\engineer\CUP95-02.mja ENGINEERING COMMENTS CUP 95-02 MAGNO/HUMPHRIES ADD PAGE 4 ALPHA ENGINEERING INC. PLANNING A DEVELOPMENT SERVICES A SURVEYING March 10, 1995 Mr. Mark Roberts City of Tigard Dept. of Community Development 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Magno-Humphries Warehouse Job No. 293-003 Conditional Use Application Dear Mark: The following is offered in support of our application for a conditional use permit on the above referenced project. Pursuant to our pre-application conference, I would like to respond to a number of specific issues: 1) Zoning District Dimensional & Setback Requirements: There are no minimum lot size requirements. The building has the required 45' setback from Hall Blvd. and meets all other setback requirements. Adequate area exists for the needs of the proposed use and for aesthetic design treatment. Total site coverage is 83.5 % for all existing and proposed buildings which is within the maximum 85 % allowed. The remaining 16.5 % will be landscaped, and exceeds the minimum 15 % requirement set forth in Chapter 18-64. Maximum building height will not exceed 40'. 2) Parking & Access: The existing access drive width has been increased to 40' to better accommodate the turning radii of the large trucks which service this facility. The total proposed building square footage i 39, 72 square`feet of which approximately 2000 square feet is office space. A total of 7 arking spaces have been provided which meet the requirements for both office and warehouse facilities. 40% (19 spaces) have been designated as compact and three as handicapped. Pedestrian access to Hall Blvd. will be provided by a sidewalk constructed in conjunction with the improvements to S.W. Commercial Street. It should be noted that, due to grade constraints, the sidewalk will need to be curbside. PLAZA WEST A SUITE 230A9600 SW OAK,& PORTLAND, OR 97223 A 503-452-8003 A FAX 503-452-8043 • Mr. Mark Roberts March 10, 1995 Page Two 3) Landscaping, Buffering & Screening Street trees have been provided along the Commercial Street frontage and will be spaced approximately 30 feet apart. A minimum of one tree per seven parking spaces will be provided. Additional shrub Material will also be planted to help screen the parking lot from Commercial Street. Given that the surrounding uses are all CBD, no buffers are required. Additional shrub plantings should effectively screen the loading area adjacent to Commercial Street. 4) Additional Comments or Concerns: "A detailed narrative will need to be provided. The Transportation Planning Rule will need to be addressed as it relates to transit and pedestrian accessibility due to the transit-served nature of Commercial Street and Hall Blvd. Please review Tri-Met's previous comments concerning the recent major modification approved for the building addition. " As stated previously, a five foot wide sidewalk is being provided in conjunction with the Commercial Street improvements. Pursuant to OAR Chapter 660, Division 12, Subsection 3, "facilities are to provide safe and convenient pedestrian and bicycle access within and from industrial parks to nearby residential areas, transit stops This shall include sidewalks and bikeways along arterials and major collectors..." The sidewalk provided meets the intent of the Transportation Planning Rule in that it provides for direct bicycle and pedestrian access to Hall Blvd. It should be noted that Tri-Met's recommendation for a sidewalk separated from Commercial Street by a four foot wide landscape buffer cannot be accommodated due to the elevation difference between Commercial Street and the existing parking lot. Subsections 4 and 5 are directed primarily at providing transit facilities and access for office, commerciahretail and industrial uses. The proposed warehouse has less than 4% of its total area allocated to secondary office use and therefore these sections are not applicable. 5) Commercial Street Improvements: Much discussion has taken place regarding the street improvements and how these improvements ould be funded (see plan attached). Requirements for two-thirds street improvements as outlined at the pre-application conference consist of twenty feet of pavement, sidewalk, plus twelve feet on the opposite side. Mr. Mark Roberts March 10, 1995 Page Three There is a requirement for placing the existing overhead utilities underground. One major issue has centered around the lowering of Commercial Street and the removal of "the hump" in order to provide the required visual sight distance for this street classification. Pursuant to our discussions with City Staff, the applicant is requesting that the City, 1) petition the City Council to form a Local Improvement District (L.I.D.), or, as an alternative, 2) the applicant would pay a "fee-in-lieu" for her share of the improvements. Our preferred option would be the formation of the L.I.D. where the applicant would assume the cost for her one-half share of the improvements and the City participates along with adjacent property owners to implement the remainder. The applicant also requests that engineering fees accrued to design the Commercial Street improvements be credited against any assessments. 6) T.I.F. Credits: The applicant is also requesting that Traffic Impact Fees assessed against this development be applied to the Commercial Street improvements. We predicate this request on the fact that the requirement for removing "the hump" on Commercial Street is based on a need to correct a hazardous condition which currently exists. It is our understanding that, even though Commercial Street does not have the required status, these funds may be applied for this purpose. 7) Public Improvements: Sanitary Sewer: There is a existing 8" sanitary sewer located in Commercial Street which will accommodate the proposed facility. Water: There is an existing water line located in Commercial Street which will accommodate the proposed facility. Storm Sewer: Storm drainage from the existing building and parking lot currently discharges into an existing drainage ditch located in the Southern Pacific R.O. W . adjacent the South Property line. Mr. Mark Roberts March 10, 1995 Page Four Pursuant to discussions with the city engineering department, the applicant has been informed that a water quality/detention facility is not required since the drainage condition existed prior to this application. The actual amount of impervious surface and pollutants has actually been reduced with the current development plan. Drainage from both the roof system and parking lot areas will be intercepted and chanelled into the existing drainage swale at approximately the same location as is currently existing. Summary: All required public facilities are available to serve this development as proposed. All applicable standards of the zoning district are met by this application and the proposed use complies with the site development standards set forth in the City of Tigard Development code. In addition to this statement, I have also attached the required plans and documentation as required. If I need to provide any additional information, or offer clarification on the materials submitted, please let me know. Sincerely, ALPHA ENGINEERING, INC. Mark B. Ferri Director of Planning 1:\293.003\W P\STMT.MBF 0 &E00 6;-01u MEMORANDUM CITY OF TIGARD, OREGON TO: Randy Wooley FROM: Gary Alfson DATE: March 8, 1995 SUBJECT: Commercial Street Pavement Design We have placed traffic counters at each end of Commercial Street to determine the number of trucks (buses) utilizing the street. Our counts indicate that approximately 400 trucks utilize each lane from the Transit Center towards Main Street and 100 towards Hall Blvd. The bus schedules indicated that 1at buses access the Transit Center daily. The pavement design for the Main Street end requires a total of 4" AC on 19.5" of AB (4.5" more AB than our standard section) and the Hall Blvd end requires the standard section of 411 of AC on 15" of AB. After Recording Return Copy of Recorded Document to: City Recorder - City of Tigard 13125 SW Hall Blvd. - Tigard, 1223 CORPORATION File No. G U P'4 - 0008 WAIVER (NON-REMONSTRANCE AGREEMENT) STREET IMPROVEMENTS The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the public street or streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subject of this consent covenant is described as follows: Attached Exhibit "A" IN WITNESS WHEREOF, I hereunto set my hand on day of y-7 19 1 S. ,Y AN61 h~ Liu(! 711 Print Name of Corporation igna e 8800 SW Commercial St. Address Title TIGARD, OR 97223 Signature Title STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on f oyArzy 7, l99.S (date) by._r146&Xt4 PAr-^/b- Alm,4~i✓r'•e-S CN (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc) of + - u $ 1.nJc • (name of party on behalf of whom instrument was executed). AIA r), 0 k"!~ UAWM+f*~ -77 _ w No 's Signature My Commission Expires' 9~~a~96 Accepted on behalf of the City of Tigard this day of Fe br&t4 City Engineer NO CHANGE IN TAX STATEMENT EXHIBIT A ---The following described real property, situated in the City of Tigard, in the County of Washington and State of Oregon: A tract of land in Section 2, Township 2 South, Range 1 West more particularly described as follows: BEGINNING at the intersection of the Northwesterly line of the William Graham Donation Land Claim No. 39, with the Northeasterly boundary of the Southern Pacific Railroad right-of-way; thence North 42°29' West, along the Northeasterly line of said right-of-way and along the Southwestern line of Morins' Addition to Tigard (now vacated), a distance of 556.84 feet to the most Westerly corner of Lot 17, Morins' Addition (now vacated); thence North 44°48' East, along the Northwesterly line of said Lot 17, a distance of 130 feet, more or less, to a point on the Southwesterly line of Commercial Street; thence Southeasterly, tracing the boundary of said street, 530 feet, more or less, to an intersection with the Northwesterly boundary of State Highway No. 217; thence westerly and Southerly, tracing the boundary of said highway, to an intersection with the Northwesterly line of the William Graham Donation Land Claim line, to the point of beginning. EXCEPTING the Northwesterly 20 feet of the above described tract, to be measured off on a line drawing parallel with the Northwesterly line of Lot 17, Morins' Addition to Tigard (now vacated).--- A~ COMMERCIAL STREET y PROJECT << e' NORTH TAX MAP" 25 10 2AD el TAX LOT* 1203 \ 55684 - PACIFIC RAILROAD - - OREGON ELECTRIC RAILROAD - CITY OF TIGARD/~~~G I~ Washington County, Oregon NOTICE OF FINAL ORDER a BY HEARINGS OFFICER Concerning Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0002 Name of Owner: Thelma Humphries Tax Map and Lot No(s).: 2S1 02AD, tax lot 1203 Name of Applicant: Thelma Humphries/Maeno-Humphries, Inc. Address of Applicant: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Address of Property: 8800 SW Commercial Street City: Tigard State: Oregon Zip: 97223 Request ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. Zone: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. 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) THE DECISION SHALL BE FINAL ON MAY:31 1 995 UNLESS AN'APPEAL: .IS:'FILE Final Decision: 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 $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE .FOR. FILING OF.AN APPEAL. IS .3:30 P.M.. ON MAY 31::;..1995 Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CPA 95-0002 MAGNO•HUMPHRIES, INC. NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER i i BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a conditional use permit ) FINAL ORDER for a warehouse in the CDB zone ) for property at 8800 SW Commercial Street ) CUP 95-0002 in the City of Tigard, Oregon ) (Magno-Humphries) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to build a warehouse for use in conjunction with existing food and vitamin production facilities at the intersection of Hall Boulevard and Commercial Street. The site now contains a roughly 20,000-square foot building used for the business. A roughly 4000-square foot addition was approved in CUP 94-0005. The applicant now proposes to develop an additional 14,335-square foot building and associated parking and landscape improvements for the business. A warehouse is a conditional use in the Central Business District ("CBD") in which the property is situated. A public hearing was held April 24, 1995 to review the application. City staff recommended conditional approval. The applicant accepted the recommendation with exceptions. Two other persons appeared in favor of the application. The owner of the apartments across Commercial Street testified with concerns about increased noise from the site. The hearings officer held open the record one week at the applicant's request. The hearings officer approves the conditional use as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Reported dated April 14, 1995 (the "Staff Report"), and the agency comments in Section III of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the City of Tigard Staff Report dated December 6, 1994. IV. HEARING AND RECORD 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on April 24, 1995. The hearings officer held open the record until May 1. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. City planner Will D'Andrea testified for the City. He summarized the Staff Report. 3. Mark Ferris testified for the applicant. He noted the Staff Report incorrectly identified the size of the building as 15,000 square feet. In fact, it will only contain 14,335 square feet. He discussed the proposed number of parking spaces in relation to the size of the building and its allocation to particular tasks. He requested that the hearings officer hold open the record for seven days to allow submission of revised plans showing the allocation of space in the building as it relates to parking requirements and to allow the Page 1 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) • • applicant to prepare revisions to the proposed findings in the Staff Report. He accepted the conditions of approval recommended by city staff except condition of approval 61, which requires 56 parking spaces. He agreed to a modification of the condition to require such lesser number of spaces as may be required by the City Code based on the final allocation of space in the building. 4. City engineer Michael Anderson testified that condition of approval 4 should be deleted, because there are no overhead lines abutting the frontage of the site. He testified that the applicant should not be required to do a traffic study as originally requested by ODOT, because ODOT made its request based on a mistaken belief that the site was not developed. But he noted that the applicant will make frontage improvements to Hall Boulevard, and that the applicant should obtain a permit from ODOT for those improvements. A condition to this effect should be added. 5. West One Bank manager Pam Benson and accountant Mike Marr testified in favor of the application. 6. John Bookout, who owns apartments on the north side of Commercial Street, testified with concerns about noise from the new building or parking lot. 7. After the hearing, Mr. D. Andrea submitted a memorandum dated April 27 in which he recounts that the applicant submitted a revised floor plan for the existing and proposed buildings on the site, and staff had concluded that the number of parking spaces to be provided on the site complies with City standards. Therefore he recommended the hearings officer delete condition of approval 6(f) and 6(g) and revise condition 6(i) to allow a maximum of 18 compact spaces. V. EVALUATION OF REQUEST The hearings officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the Staff Report. The hearings officer adopts the April 17 memorandum in place of finding IV.A.7 in the Staff Report regarding parking requirements to the extent they conflict. Conditions of approval should be amended as discussed at the hearing and in the April 17 memorandum. VI. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and surrounding area. He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. - VII. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed conditional use permit complies 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 and with conditions of approval warranted to ensure such compliance occurs. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of effect agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-0002, Page 2 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) 0 • subject to the conditions of approval recommended in Section V of the Staff Report with the following amendments: a. Conditions of approval 4 and 6(f) and 6(g) are hereby deleted. b. Condition of approval 6(i) is hereby amended to allow a maximum of 18 compact spaces rather than 22 and to state that 45 total spaces are required. c. Condition of approval 9 is hereby added to read as follows: The applicant shall submit a permit or other written authorization from the Oregon Department of Transportation (or evidence satisfactory to the city engineer that a permit or authorization is not required) before undertaking any construction on Hall Boulevard. DATED this 11th day of May, 1995. i Larry Eps m, )AQP City of T'gard e ' gs Officer Page 3 Hearings Officer Final Order CUP 95-0002 (Magno/Humphries) AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Thelma Humphries STAFF REPORT to allow the development of a 15,000 square foot CUP 95-0002 warehouse building on a site with an existing warehouse and food processing use. 1. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0002 SUMMARY: A request for Conditional Use approval to allow the construction of a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street (WCTM 2S1 02AD, Tax Lot 1203). The southwest corner of SW Commercial Street and SW Hall Boulevard APPLICABLE LAW: Community Development Code Chapters 18.66.040, 18.66.050, 18.96.020, 18.100.015, 18.100.030, 18.100.035, 18.100.110, 18.102, 18.106.020(P), 18.106.030(D)(2), 18.106.020(0),18.106.040(A)(1), 18.106.050(N), 18.106.080,18.108.050(A),18.108.080,18.114, 18.116, 18.120, 18.130.040, 18.130.150(C)(26), 18.150, 18.164.030(A) and (E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 5.1, 7.1.2, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 1 II. SITE AND VICINITY INFORMATION A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development Review approval in 1982 which added 1,920 square feet. In July of 1986 the City Council heard a zoning interpretation of the conditional permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use, a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. In December of 1994 Conditional Use Permit (CUP 94-0008) was approved to allow a request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. B. Site Information and Proposal Description: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. The property is developed with a 24,072 square foot industrial building and 95 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. C. Vicinity Information: Property to the north is developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the City of Tigard Water Department facilities. III. AGENCY COMMENTS HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page2 1. The' City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. 2. The City of Tigard Water District states that an additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 3. The. Oregon Department of Transportation states that ODOT recommends the applicant provide a traffic study to determine the potential impacts to SW Hall Boulevard. 4. GTE states that the developer is to provide conduit to GTE's specifications. 5. The City of Tigard Building Division, City of Tigard Police Department, City of Tigard Maintenance Services, Tualatin Valley Fire and Rescue, Unified Sewerage Agency, Portland General Electric, have reviewed the proposal and have offered no comments or objections. IV. EVALUATION OF REQUEST A. Community Development Code: 1. Chapter 18.66.040 lists Wholesale, Storage and Distribution as a Conditional Use in the CBD zone. Chapter 18.66.050 states that there is no minimum lot area and no minimum lot width requirement in the CBD zone. There are no setback requirements except 30 feet where a commercial use within the district abuts a residential zoning district. This property does not abut a residential zone, therefore there are no applicable zone setbacks. The applicant proposes to build a structure of 30 feet in height, well under the maximum 80 feet. The minimum landscape requirement is 15 percent. The applicant is providing approximately 12,937 square feet (16.5%) of landscaping, thereby satisfying this criteria. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page3 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide adequate area for the needs of the proposed use; 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. This proposal is consistent with the applicable approval standards. The site will provide adequate area for the construction of the proposed warehouse. Site characteristics are suitable for the proposed warehouse as there are no significant trees, water courses, wetlands or other natural features on the site. Adequate public facilities are available to serve this proposal. Compliance with the applicable zoning district requirements, site development review and Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the analysis presented within this report and review process. 3. Section 18.130.150(C)(26) contains the following additional Conditional Use criteria for Wholesale, Storage and Distribution: a) The lot area and dimensional requirements of the underlying zoning district shall apply; and b) Additional requirements shall apply as required by the underlying zoning district. Dimensional requirements are satisfied as discussed above. Compliance with additional code requirements shall be satisfied as presented within this report and review process. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page4 • 0 4. Section 18.120.180(A)(1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.80 (Planned Development), 18.92 (Density Computations), 18.94 (Manufactured/ Mobile Home Regulations), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under section 18.120.180.A.1. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.120.180.A.2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The overall site is currently developed and does not contain natural drainage or existing trees in need of preservation. Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. This criteria is not applicable as the proposal does not abut a different use as outlined in the Buffer Matrix (18.100.130). Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. A revised plan shall be submitted which shows how the mechanical devices on the roof shall be screened, year round, from adjoining properties and the public street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pages Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan for the perimeter of the building and parking lot shall be submitted for review and approval. 5. Section 18.100 contains standards for landscaping and screening. a. Section 18.100.015 requires that the applicant submit a landscaping plan, and that the approval standards are the applicable standards contained in Section 18.100 and which are listed below: b. Section 18.100.030 (Street Trees) states that all development projects fronting on a public, private street, or a private driveway more than 100 feet in legth shall be required to plant street trees in accordance with the standards in Section 18.100.035. Section 18.100.035(A) requires that landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in subsection 18.100.035(B). Section 18.100.035(B) requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium, or large). The preliminary plan indicates the provision of 7 red maple trees spaces approximately 27 feet apart along the frontage of SW Commercial Street, thereby satisfying this requirement. The plan also indicates that the trees shall be planted with a caliper of 1.5 inch whereas the code requires a minimum 2 inch caliper. A revised plan shall be submitted which provides for minimum 2 inch caliper street trees. C. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Section 18.100.110(A) (Screening of Parking and Loading Areas) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page6 0 0 effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. In an effort to meet the basic requirement of providing the required canopy effect, the site plan shall be revised to provide an additional (2) parking lot tree and shall be located in the area adjacent to SW Commercial Street. Section .18. 100.11 O(B) and (D) (Screening of Refuse Contianers and Service Facilities) requires that such facilities be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. A revised site plan shall be submitted which indicates how the garbage enclosure is to be screened. 6. Section 18.102.020 (Visual Clearance) requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A revised landscape plan shall be submitted which indicates the landscape material in front of the existing building. Compliance with vision clearance criteria shall be satisfied upon review of the revised landscape plan. 7. Section 18.106 (Off-Street Parking and Loading) contains standards for parking and loading. a. Section 18.106.030(D)(2) (Parking) requires that one parking space be provided for each 1,000 square feet of gross floor area within warehouse (plus 1 space per 200 square feet of office area). The proposed building requires 14 spaces based on approximately 14,300 square feet of warehouse and an additional 3 spaces based on approximately 700 square feet of office, for a total of 17 required parking spaces. Conditional Use (CUP 94-0008) required 39 spaces for the existing building and addition. The site therefore requires a total of HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel 56 parking spaces to accomodate both the existing and proposed uses. The site plan shows the provision of 49 parking spaces. A revised site plan shall be provided which provides the required 56 parking spaces. b. The Americans with Disabilities Act (ADA), which became effective on January 26, 1992, requires 4 disabled parking space if 51 to 75 parking spaces are provided. A revised site plan shall be submitted which provides for an additional handicapped parking space. C. Section 18.106.050(N) requires that artificial lighting on all off-street parking facilities shall be designed to deflect all light so as not to create a hazard to the public use of any road or street. The applicant shall submitt a lighting plan in compliance with this standard. d. Section 18.106.020(0) (Bicycle Parking) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. This proposed building requires 17 parking spaces, therefore one (1) bicycle parking space shall be provided for this building. A revised site plan shall be submitted which shows the provision of one (1) bicycle parking space. e. Section 18.106.040(A)(1) (Compact Car Spaces) allows up to 40% of the required parking spaces to be compact. The code allows 22 of the required 56 parking spaces to be compact spaces. The revised plan shall provide for no more than 22 compact spaces. f. Section 18.106.080 (Off-street loading) requires that every industrial use having floor area of 10,000 square feet or more, shall have at least one off-street loading space on site. The plan shows the provision of two loading spaces, thereby satisfying this criteria. 8. Section 18.108.080 (Access and Circulation - Minimum Requirements) requires that commercial or industrial uses which provide fewer than 100 parking spaces to provide one access with a 30 foot access width. In addition, section 18.120.180 WO 1)(b) requires that circulation patterns within a development be designed to accomodate emergency vehicles. The plan shows a 40 foot driveway width, thereby satisfying this requirement. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page8 • • 9. Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress. Walkways shall provide convenient connections between buildings. Unless impractical, walkways shall be constructed between a new development and neighboring developments. The site plan does not provide for a walkway from the street to the entrance of the building. A revised site plan shall be submitted which provides for a direct connection from the building entrance to SW Commmercial Street. The plan shows the parking lot grade to be 166 with the sidewalk grade of 170. The street grade of SW Commercial Street is to be lowered with the street improvement. This will reduce the grade differential and allow for a more convenient walkway connection. The revised plan should incorporate the walkway with one of the required parking lot tree islands. 10. Section 18.114.130 (C) (Signs) lists the type of allowable signs and sign area permitted in the CBD zone. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 11. Section 18.116 (Mixed Solid Waste and Recyclable Storage) requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. 12. Chapter 18.150 requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must present rationale which complies with specified criteria in order to obtain approval. This requirement will be satisfied as a tree removal permit will be required for the removal of trees with trunk diameters of six inches or more in diameter. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page9 b. Section 18.164.030(E) requires a minor collector street to have a minimum 60 foot right-of-way and a 40 foot minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. PUBLIC FACILITY CONCERNS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. STREETS: The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should be re-constructed. In addition, the existing roadway has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be re- constructed and lowered along a 250 foot long portion of the site frontage, as shown on the plan and profile for SW Commercial Street submitted with the application. The re-construction area should include an additional 12 foot wide lane on the opposite side to provide for a complete travel lane in each direction. Otherwise, the construction will join the existing pavement as shown. This road re-construction within the area to be lowered would constitute a 2/3 street improvement. The new site plan shows the location of a new building and the re-construction of the existing driveway to provide a 40 foot wide opening onto Commercial Street. The site is not contiguous to SW Hall Boulevard and no access is proposed. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 10 • Pursuant to a Conditional Use Permit in 1994, relating to a minor change to the existing building, the applicant signed an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. However, the applicant now proposes to improve SW Commercial Street at this time. The applicant suggests that the street improvement might be made through a Local Improvement District (LID), and that the improvement might qualify for traffic impact fee (TIF) credits. Decisions on LID and TIF are not a part of the Conditional Use review. LID and TIF issues will need separate approval from the City Council. 2. SEWER: The existing 8" public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains along the existing pavement surface toward the existing railroad track area, contiguous to the site along the southerly boundary. The proposed construction does not create a net change in the impervious areas, but the new construction includes an new underground storm drain system. The new pipe should end in an approved energy dissipator at the common boundary with the railroad to disperse the flow in a manner that simulates the existing conditions. B. Applicable Comprehensive Plan Policies. 1. 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 the applicant was required to hold a neighborhood meeting with nearby property owners, notice of the application and public hearing on this item was provided to the Citizen Involvement Team East Representative, to owners of property in the vicinity of the site and in a newspaper of general circulation. The site has also been posted with a sign which states that a land use development application is pending for this property. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Pagel l standards. Policy 4.2.1 is satisfied as the applicant is providing an underground storm drainage system even though there is no net change in the amount of impervious surface. 3. Policy 7.1.2 provides 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 utilities placed underground. This policy is satisfied as addressed below. 4. Policy 7.3.1 provides the City will coordinate water services with water districts. This policy is satisfied as addressed below. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. The conditional use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Public facility services are adequate to serve this proposal or shall be conditioned to be provided. 6. Policy 7.5.2 provides that as a part of the ongoing development review, the City shall require the Tigard Police Department to review development applications. The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. The Police Department has not provided any objections to the provision of service in this area to this development as it has been designed. 7. Policy 7.6.1 provides that the City shall require as a precondition to development that: A) The development be served by a water system having adequate water pressure for fire protection purposed; B) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and C) The applicable fire district review all applications. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. The Fire Department has not provided any objections to the provision of service in this area to this development. 8. Policy 8.1.1 provides 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 addressed below. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 12 9. Policy 8.1.3 provides the City will require as a precondition of approval that: A) Development abut a dedicated street or have other adequate access; B) Street right-of-way shall be dedicated where the street is substandard in width; C) The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development; D) The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's'impacts; E) 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 application complies with Policies 8. 1.1 and 8.1.3 because the public improvements to the public streets adjoining this site will be required to be consistent with the City of Tigard road improvement standards. The street and access plans do not appear to raise any significant safety or capacity concerns. V. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings, staff recommends APPROVAL of Conditional Use Permit CUP 95-0002 subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW Commercial Street frontage. Improvements shall be designed and constructed to collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The improvements shall include a 12 foot lane on the opposite side of the centerline to provide a full width lane for opposing traffic in the area to be lowered. STAFF CONTACT: Michael Anderson,Engineering Department(639-4171). HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 13 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT:John Hagman, Engineering Department (639-4171). 3. The applicant shall execute a Public Improvement Agreement with the City and obtain a permit for the construction of the required improvements. The agreement shall provide for the work to be constructed under the direct supervision and inspection by a Professional Civil Engineer, in accordance with the Developer - Engineer agreement shown in the City Standard Specifications. 4. The applicant shall underground the existing utilities in SW Commercial Street or pay the fee in-lieu of undergrounding. 5. An additional fire hydrant is required at the entrance of this project from SW Commercial Street in order to provide fire coverage so that all portions of the buildings are within 250 feet of a hydrant. Also, the existing fire hydrant, currently approximately 100 west of SW Hall Boulevard, will need to be relocated approximately 60 feet towards SW Hall Boulevard. The relocation is necessary to maintain 250 feet fire protection coverage of the proposed building. In addition, approximately 125 feet of 8" water main will need to be lowered (sta. 12+50 - 13+75) due to proposed road cuts. 6. Revised site and landscape plans shall be submitted for review by the Planning Division, Staff Contact: Will D'Andrea. The revised plans shall include the following: a. Screening of any mechanical devices on the roof from adjoining properties and the public street. b. Minimum 2 inch caliper street trees. C. Two (2) additional parking lot trees, to be located within the parking area adjacent to SW Commercial Street. d. Screening of the trash enclosure, by placement of a solid wood fence, masonry wall or evergreen hedge. HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 14 e. Landscape material in front of the existing building. f. Fifty-six (56) parking spaces. g. Four handicapped parking spaces. h. One (1) bicycle parking space. i. Maximum of 22 compact spaces based upon 59 required parking spaces. j. Walkway connection from the entrance of the proposed building to SW Commercial Street. The plan shall incorporate the walkway with one of the required parking lot tree islands. Pedestrian markings shall be provided within the parking lot area. 7. Tree removal permit for any tree greater than 6 inches in diameter measured four feet off the ground. 8. A plan which shows compliance with Community Development Code Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. The applicant shall submit a written sign-off from the franchised hauler regarding facility location and compatibility. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 15 • 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page 16 s • shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. THE FOLLOWING CONDITION(S) SHOULD BE REQUIRED PRIOR TO THE CERTIFICATE OF OCCUPANCY: 9. All site improvements shall be installed as approved per the revised site plan. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared by:-~'G~ 4/14/95 William D'Andrea Date Assistant Planner r Approved by: 0<kL-4SQ-J Ge.~ 4/14/95 Dick Bewersdorff Date Senior Planner HEARINGS OFFICER - CUP 95-0002 - MAGNO HUMPHRIES Page17 Adbk APPLICANT / OWNER AREA BREAKDOWN Ts4M."A NII'WWM6 TOTAL WM AIWEAr 1a An El00 0Li COPFEmetAL ST. EXIGTOO ELO6+ 2000 'JF. TrAARO. OR 91223 P ROPOSEO ROOM N~ 3•962 9F. ~ P44010L'AW WAMMOUOE. 4.000 OF. TOTAL WM COVERAW, us% ~~Gy p/~~ y/~~ TOTAL LAPCOCAP100- 1657^ G NEEIR IWE1 OR TOTAL 401L CCP"ACT ! 49'~PAGES ALPHA EWYWAERWI. W- SOW SILL OAK SUITE 230 • PORTLAND. OR 9II23 t 003 > AW-0003 PAN ( 003) 452-0043 a W ~ O ,I r SW COMMERCIAL STREET B e e s a,a~d~a~a a e e e leidid~o e~a~e "-~-J'• •~a. ~ed®®oae aaeea$l a a 3 . p pw:o~ -Ai - - - ' - - - - - - - - - - 3 SOUTHERN PACIFIC RAILROAD F- LL O U PLOT PLAN CASE NO. EXHIBIT MAP CUP 95-0002 MAJOR MODIFICATION s _ as F S•r ~9~ LU Q q C ~Go 1'`rc `Pl z ',y 9 z r~q0 z 4d rQ V r LL 0 CASE N4. V1IN I~' Y CUP 95-0002 MAJOR MODIFICATION EXHIBIT MAP ~y~ 1 V ~.r~z •~;~a.... 1 ~ V . 1 i 1 ~ ~ 1 r • 4k SiiA~Y= l.N n 1! ~ ~ s~ l~upq si j " . ~--'1tM1RN S ~W ~ ~ SY ~ ~ as < $!~-p.> E y 1.{ ~Ni$tAF ~ ~ ~NtdY111 .~M ~ a a 51 ' ~ y q 1' ~ .I~ n i N w~ ~ . r ~ 7 N ~ ~ ~ Sid . PfAftl [ ~ ~E ~ 3 ~ Tll f( ~ ~s truss r ~ _ n~ ~n ~ R~ 1 G~~ " ~ ~ ~ " ~ l~li, try n, Y ~i ~ P , , Sy y ~ Ft ~1F~ , i E ~ ~ ~ ' . . a` ~r ~ ~ p is j ~ i ° . I . 4 ~ , s~, , ~ Fs r n , i~~ Y~1 if 4 , ~ ~ 'ii . t~ t~1if1~~\ ` ~ JS~ ~ i ~T..; f f ~ I i r ~p~tfUll~`➢~ K'~'; ~ ~ 1~~ ~ , r - ~ r~ . , S~ 4 i i I i ~ ~ P P, I NO SCALE ~ I = , I _ - -a=--------- ~ - 9+00 10+00 11+00 • ~ 12+OO _ _ { ..4 _ - - _ _ ~ / i ~ ~ _-vv~ - - i . ~ - r _ - . ~ , - - - _ ~ . a L. I • ~ L._. UILDtN _ ~ M tN c e Qut~Q xtsttr~ XtSTtNG E I ~ I ,1 'Cf ' i ~ I j~ ~ i l 1 ~i . so' }5' so- 15 PERMITEE. ~ ENGIN R EE S SURVEYORS. C e F 1 - 8800 S.W. COMMERCIAL ST. 12555 S.W. HALL BLVD. d Ur, . TIGARD OR 97223 T ~ ~ r IGARD OR 97223 r 1 TELEPHONE. 684 5464 TE~EPHON - E 639 3453 ~s. ti5 ~ M Bd 45 3Q. i5_ _ ■ i i H Li e i - ~ ' 1 U 1  .y + ~ r DATE `~-Zq-gS m a v «s ' 2R a. - 1:xrsrlN~ r>:t~PORARr nRrYEUW77PARK vxrv~uta~r7nt~xnJ~ pav~xr ~ rva vnv~ a,~,o wrn~n ~r >-cau er.w D Fu 24' FUTURE ~ 6-8 1' GUTTER EXPOSURE ~I~ . Fxtsr~ rrutva ~ ro 1~MAlN p~ CURB & 9TA-9+44?3 r0 I?+GYJ tft7 CURB & IMPROVMENT 11 +40 P.C.R. ± 12+30 P.C.R. `t' y ~ ~ .C. 7.76 r~~ 1.C. 170.17 LEGEND ,~t~+ rRANSIrIONARE4 ne 30' - 30' A~ilc 1: 13.19' J t,RE4 I tRAYEt L4NE ¢-1 2.72- _ 2.72~i - YAR1E3 SANITARY SEWER MANHOLE CENTERLINE RIGHT Of WAY ( R/W) Y~lE3 ?d 4 ~ 5, 45' ~ ~ NOtE _ sw rt~ RE~CON3ttet1GrlGri! AND pAYlrr~ ~r ~a~ D STORM DRAINAGE MANHOLE - - - - " - - - EDGE Of EXISTING PAVE1dENT ~ ~ 9C'Jii;l N~ ~ ~ ' p~Rg ~ str~r wru raEC~rRrR~ A BLENntNG r cLA3s `r' ~.~+-ta.r/c cane~r~ R TED _ WATER UNE-(W/L) PAYE11ENf lNrO r1aE DCl9rGJG NORTH STREET SIGN, ELOCA ~ ~ Y 1 ING / a► 4 LPL I~CK 11?AYF1 L,dME TO FtT iFIE DE3rCrIrFD ?-1/?"C11139 '8' LrIG CONGf~rE b ! Y~1 1 ~ CATCH IN EXISTING EXCAVATION PAVEMENT REMOVAL AREA P>~LE !-1/I"' CL.45~9 'C' ,t15Pr~tLTIC G~Er~ • ~ NOTE ~ BAs , / r ~4'r J ~v~rrr~ ~r s~ urr of rl~ A wrnr~r Of n~ rr ~ FlRE HYDRANT F.H.. RELOCATED _ - _ - G>tS UNE-(G/L) 13' 1'Y-J 8.4SE f~CJC SID. Jb'Gt~ AMA GrlrlA? AEr IL M'!1'f20YEMFA+ E ) PLAN FOR LCX4rKJN ~ VALVE P~'°~0 ~rPlcaL STREEI" S~cTION - RICxN~" SIDE ONLY BETWEE EXIS>7NC CuRe STA. 9+44 TO 14+76.21 STA. WATER VAIVE CULVERT/DRAINAGE DITCH ~ 14 TELEPHONE PEDiSTAL ~ POWER POLE P P ~ - DENOTES AREA OF 51DEWALK GONSTRUCTION t ) - - ~ • S/8" fRON ROD-PROPERTY CORNER, SAVE DENOTES ARFA OF A/C EXCAVATION ANO REMOVAL I WATER MAIN POT HOLE LOCATION ~ X I ~ \~G ~ ~ ' Ft` i_ . 1 y1 0`~ i ' ~ G , , V , ~ - a ~ SCALE ~ I R g D 20 ~ ao eo ~ - - - - r 8 3 - - 2 - - ~ - I ~ Z r ~ S i \~G o Q 3 (IN FEET) , 4' r~ ~ \a0 ~ ~ 1 r TREE ~ ~ v ~ cJ 1 inch = 24 fk P.P, Q ~ ! EXISTING ~ ~ Q~ w 1 P P G ~ ~ COBRA HEAD ~E + I ~ P STREET LIGHT P EXISTING ~ ~ -______TQP_6ANK a w DITCH P D„ I ~l COBRA HEAD 3~ STREET UGHT GAS LINE END ' _ EXIST. EDGE OF PAVEMFN~--=__ _ OAS UNE - - BEGfN 4' YELLOW DASHED 9+QQ CENTERLINE STRIPE 1 O+OO 11 +OO + S 45' 12"00 E PLACE 4T" YELLOW DASHED STRIPE ~ 2 OO i - - - - - -~~w-.._.._. .r~.ws~.,. _ I _ ANGLE PT. . . I ' IN C(L R/W ' EXIST. EDGE OF PAV~M,ENT STA.-12t43.et , a EXISTING CATCH BASIN A7 STATION 8+ N END CURB do GUTT CONSTRUCT STD. 16" CUB EXISTING LANOSC/aPE I N ~ czsr ~ TAPER.CUR~ TQ:1Q±00.. 0 10+50 TO 14+66.9fi ' R TIE T BE REM VED t1+40 P.C.R. ra>E-. .C. 110.11 ANGLE PT. Raa ~ . _ , -r IN CURB GONSTRUGT CURB dt GUTTER O EXISTING CURB 9#;4.2.b TO t0+ M ,:::w;.... .0. STA.-12+43.81 ~ - ~ F ; EXISTfN'G ~9%C,:~<" _ ~ - - - - ` E1at~T~1G W._b ' a _ +-EXIST. S/W ' ; , : r.<_ . ~ ~ . , _ r , - - ~ . _ • - . ~ t+aE 6 PT. MATCH EXIST. CURB EXISTING CONC. PAD N R w ~ e BEGIN CONS1. to ~ I i STA.-12+43,81 y i, s ~ t SEE ~ STA.-9+4.23 D ~ ~ _ O ~ EXIST F.H. nGAR HANDICAPi~ SAVE EXISTING B. T4 REMAIN COMMERCW. SEE D HAN DETAIL PROPERTY CORNER Si CAP PROACH ~~GG 1 DET ~J - - SAVE PROPERTY ~ ~ \ ~ P.T.C.R. CORNER ~`'tio ~ ~ P.r.c.R. o • ts1.9t 166.83 ' r- _T w 0 Q~ ~ w U . _ - 20 - - ~ O~ _ - - - - ~ - ~ - 1. I O>. QV~c SEE BUILDING SITE ~ a a. PLANS FOR DRIVEWAY w . P~ CITY APPROVED NO PARKING SIGNS SHALL ~ P n. PARKING GRADES i BE PLACED 1 FOOT BEHIND THE FACE OF CURB Q AT 85 FEET ON CENTER ACROSS THE PROJECT FRONTAL . - ~ SEE iNSTALATION DETAIL _ _ ~ ~ -r-.--. 174 _____.__ds _ r r ~ N N ~ ~ ~ ~ ~ + N ~ m r- ~ ~ 17 ~ ~ 2 _ _ U m r 1 D0' VC a II pp~ a- ~ = N 3 ~ J NM~i cn ~ PVI STA 10+75 + w I w G PPS aT x v f~ ? ~ EXISSI TOP C PVI ELEV = 166.00 ~ ~ A. D. = 2.07 K = 48.31 ~ Q a ~ . z w ~ co ~ / 170 - I U r ~ II N N > ~ ~ a ~ ?2% r + ~ ~i 2 ~ ~ co 168 a ~ i~ ~ - U U ,i e F-1- ~ 1 ~ CONSTRUCT STD. 16" CURB fROM i w 10+50 TO 14+66.96. ~ > i ~ 12+8D CONSTRUCT CURB AND G TTER a: POT HOLE LOC. 166 9+44.23 TO 10+50 12+1s ~ POT HOLE ~ GRADE 0.65 ~ ~ - ESIGN - Loc. EX►STING GRADE_ _ - - - - - ° AtN _ WATER ~ - OF OAR - SUNG C.1. SUMED 3.0 EXt EXISTING G~' 164 - - l I ~ r- r,- EXISTING 8" C.I. WATER IdAIN -r 1.62 ~ _ 160 _T Tar ~r 9+00 9+50 10+00 t0+50 11+00 11+50 12+00 12+50 ~A ~y u r REFERENCE 1NFORMATlON AND NOTES: DESIGN r ' - ' - - '~•~h W.L.Mc. ~ r~, I~ ~ c~ ~ ~ TRACED 2 r'. t. ~ T.J.W. / _ CHECKED  I e~~~v" ~ t HAHHI;J-MCMVNA(iLb AaaULlAlb;Jo l1VL. REV UESCRIOnON . SUB: APPR. GATE q?f z' ~4\ ENGINEERS -SURVEYORS ATE R. ~k -1., ET,EVAT10M DATUhf, CITY OF TIGARD BENCH MARL( 158, A BRASS DISK ELEVATION 156.75, IN THE N.W. CURB AT THE INT. OF HAIL AND BURNHAN .ST. 12555 S .W. NAZL I BLVD. X PLAN AND PROFILt: TIWD, OR 97223-6287 REFE `;TQ TRACING ,F0R IAT ST R,EVISI 3N. a 2-28-95 Of PHONE: (503) 839-3453 " r ,b ~ ~ ~ h ~ i 1 2' EXISTING GROUND CONTOUR ~ $ g I ti.~°°~~ 10' EXISTING GROUND CONTOUR ~ ; $ I ~ 2 FINISHED GRADE CONTOUR ~ ~ 10' FINISHED GRADE CONTOUR ~ ~ ~ 5 PLACE BIOFILTER BAGS IN EXIST. DITCH ~ ' ~6 1 ' I ~ ~ti ~~o / ~ 1 - - - - - 1~ BlO.FILTER 8AG 1~ ~ ~ j----------- - SEDIMENT FENCE , l 0 20 ~0 C-3' ~ SCALE Pa•P. I 8-~ s--1: 6~0 e , ~ i I 1't + - EXIST DITCH ~ ~ i ~ r- - - • ~ ' I - - - _ T----- - --.--__-__i~ 4 a' 6 9+00 10+00 6 11 +00 12.00 ~ r: COMMERCIAL ST 1 b 13+00 ~ ~ ' Q _ _ _ _ 14+00 ~ c~ ~ - d .T- ~ - _ ~ ~ ~ J / r . yy~~ccT a~pppp _ i ' ~ ~,„,y. - _ _ _ _ __v. . .j r SEDIMENT FENC I NOTE: !.SAY e us ; T T x~a E £J Sr+OR E 4. to 'NI UT1Ll1Y 'NARK AND `NI ~ ~ STAKING OF BAGS MAY 8E RE©UIRED US1NG'(2) I" ?NASING GF 4EvElOPIhEN7 ~ a~. %2 0 ' W000 STAKES OR APPROVED W = ~~N w© -~b j E©UAl PER BAG. U 7 i- x , _ t ~ W - - - N - N9 Z ~ - F.-, - - i o ~ ~ I ~ ~ o c~, , ~r W L Q' y 0 ~ ~ ~ ~"s 9 ~ N Ff a J z Fy as ~ ~j. NT$ NTS J Q U - W - ~ F-rtW ~ H ~ - Q Q t " W t,. ~ t t A A ~ _ , fLOt~ I P 1 G I ' I ~ t_ ~ 4 I I I U I Q W ~ I (1. H 1 I N PLAN i s • Q ~ N1S , , ~ _ ~ ° ~ ~ W I ~ I x I ~ i ~ U J tD - J i ~'LOU ~ o ~ ~ P 1. ' A' Q vERI.AP ~ _ _ _ c0 ~ i r Y DtSCN OiI Q I ~ Z T PICAI 8 ~ W W p _y-___~ ~ - ~ PT.'B' W $ 1 " , I- t ~ ' >a ~ - tD W NOTE: ' PT. 'A' lAtJ$1 BE b' 9 • ' SECTION A-A N. H I ct~R TiiAN pT .g. .c YJ -1Z NJ '~I r tits ~0 v NTS r - ~i- B ~ of ~ l ter Ba B ~ of ~ l ter Ba s 9 9 TECHNICAL GU TECHNICAL GUIDANCE NAN B TEC IDANCE HAN0800K DEtches and Swafes _ 0 OOK Tem Drat HNICAL GUIDANCE HAND800K P y Oetalf Orawtn 3-30 Oetatl Orawtng 3-70 ~ ~ . 9 fllE a~urr:IN t f It 0~+►TslN~ECTOgS fiiSAPNlt3 DRAMIN SPECT4R5 „P.WXICS DMIFtNG $A{, C8 PlOT 1:1 ilk,( OANT:I DESIGN REFERENCE INFORMATION AND NOTES: n ~~'r~ rt` W.L.Mc. 1 GIN s ~ F ~ TRACED 2 0 ~ j T.J.W. ~I'~4N CHECKED  v 60 g [iifitit~la iVlllYlUlvlllTLL Eloov%'lAlGo, In%'. L REV• DESCRIPTION SUB. APPR. DATE P DATE ENGINEERS SURVEYORS GRA DING A ND S. C. PL A N 12555 S.W. . HAIL BLVD. 1. ELEVATION DATUM, CITY OF TIGARD BENCH MARK 158, A BRASS DISK ELEVATION 156.75„ IN THE N.W. CURB AT THE INT. OF HALL AND BURNT" ST. S R NP TIGARD, OR 97223-6287 OF REFER TO TRACING FOR LATEST REVISION 2-2d--95 PHONE: (503) 639-3453 n ~ PC T ~ - • a 30'-0` MAX !0'-4' 1~u4. 8• CROSSWALK STRI PING use x ++ooK sap SEE TABLES ~ 5' MIN. - ~3 ~ CURB JOINT d b tiG vERt a 3 = /S 8 MAX, i+ x• erl~s~~y~y+r. a'i tur±s . ~ Ex~snNC o>avEwAY 5' MIN. ~ SEE NOTE 5 ROW . - Y ! S r ARE WIOFH VARIES MATCH GRADE TR 3~4~ ~ 6*~ EDGE {SEE TAMES} S tlo~, d. ROAD ;y. •'3':~ a,-~-~~:;:-*~~. - L ~ YARIES - MATCH WIDTH ^4. r - ~ ~ ~ ~ STOA SIGN lt'~A110N - • ~ ~ DRAINAGE ~OCKOUI 4 ~ ~ . B ~ 3' LD. PLASTIC s' of a/4'-D' BASEROCIC x' (INSTALL. 4' PVC SLEEVE ~ ` rf A R UNE UNTIL P MAN ` ~ • E.R ENT SIGN PfPE WfC'OUPLWG COMPACTED SU9t~tADE s'. INSTALLATION . ' •r . ~ EXPANSION b X b ~ a - JOiNT$ 14 GA, MESH ~ 1N ~ v ~ t y 4 g 1J+ o,,.,, ° ~ ~ ' ~ SIDEWALK ADJACENT TD CURB • at a!P m C4NTRACTI4N O ~J ~ p,~.: , r JOINTS ~ E' AUS PO ~ 8 a~rtEli ~°h CURB JOl ~ - _ CURB PC/PT . corr., Qq d4 © ~ • .•~I. MIN. ROW A ACE Of C11R8 r - :,.:dEXO S'»4' Mt€i. 5'-0' l,IIN, . 9' ROAD ~~atk ~..x: ar+' ' ~ 5'-4 l5-4' MAk 15-4,. MAX` 3'- . 4 ~ NOTE S Ti~AVE~SE ~XPAN510N JOINTS; i• ~ ~/4•-0' aASEROac s~tio r , T I~ COMPAC7EU SJBGRADE - Y(C1! AN ~CC~I.O ° ~ ~ JtlISi1 G 1.1/1 EXPOSURr: ~ 3, 6 4 6 To eE PROVbED AT EACH POwr 4F SIDEWALK AWAY FROM CURB ' {4 FOR 8 SIDEWALK) rANC~cY.o~ m~ cusze ~ AT om~ LbCA11ONS AS REQUIRED i4 UMIT rNE NOTES: 5PACIN6 r0 A MAXIMUM Of 20 FT. Yf . r4 . ' 0 a Y ~ y ~ • ~ V6 B SE 2 MAiT.Ft4A1 r0 BE PRE~MCILDED NON- t. CONCRETE SHALIy BE DODO P.S.I. AFTER 28 DAYS, b 3.4CK MIX, SLUMP RANGE g" - ~ - ~ o CA oo' o°o EXTRUDED MA'fEl~AL W1M A MINIMUM OF t~1J2' t0 J. TNlCKNESS Of t/2", . t ~ 4 P.C. CONCRETE cpav~~Po ado c 2 PANELS TO 9E S f~EEr LONG # STREET ~ » ' " ~a8o~onQOC~'o4 2 3/4 -o AGG. BASEROCx T~AVER5~ CONTf~AC1lON JOINTS; 3. EXPANSION ,KNnrS T4 BE PV,(~D wr 510ES Cf DRJYEwAY APPR0,4Ci~ES, sECt'gM A-A ~CtgN Et•U • ~ ~ r . U11UTY YAUI.TS, WNEEi.ONA1R RAMPS, de Al SPACING NOT r4 EXGEED 4S FEET. 2' # COMPACTED 3 4`~4` A~4GREGAIE ~ S~~TION A A I. SPACING to BE Nor MBE TT~AN ID Fr, t F';P~ . Naas true w n~r,~tep ~ NOTESt. ~ 2. DEPTH THE JaiNT` 5iiAlL 6E AT 4. F4R S+OEVULK ADJACEhIT TO 11iE CURB AND POURED AT THE SAME TIME AS THE OONUite StW.t 86 GLASy x9pd sraaa~+a i , r•t~6` ,p".+a" i, 04NCRETE 5NALL 8E COMMERCIAL MLX. LEAST ONE FWR1T1 Off" tFtE CROsS-- CtJRO, 1NE JOinT BETV+E~7i 1NEM SHALL 8E A 1~OWEiED JOINT 1Mni A MIN. ,/1' RADIUS. SEC~fONAL AREA. S. SID~VAUt SHALT 1~1YE A MINIMUM 11{ICKNES4 Of 4 INCHES MOUNTABLE 1. CONCRETE SNAIL AFFAIN A MINih~lM,COMPR~,S~VE $TRt`1+iGTH OF'3Dt')0 P,S.I, IN 2B GAYS. z1 use f~C a cp~ie OttAaa fpp4 _ ~ ~uEp$~ze. z'• r•~+Ir" ~s`. rt" ~ CliRB T sNA~I, A TJ~DWI;LED JCXNT NAT'N A MINiMUEI 1 ~ RADIUS sra sapwo. rap alrr'rrJ't r A ~ ~,x L¢Nt3 Aqt dF CU Z. JOINTS SHALL 6E SCRI8E0 3/4 DEEP AND RAMP PANELS SNAIL 13E EDGED ON 4 SIDES. CONG~~~E ~f7EAKiNO S1~ENGTH: on•+~Enwse~SP'DEYAUi "A ~i~ ~~a~u~i ~~,,E~ ~Es at 4 + wr+t?~ Datw+at f}~I r S t GR,►rE# ExPAN'5t4N F3 SNALl, 1 1' PREMfX,DEO A H F IMPRE TiU ' x+r ~ putt >C I~p,R d ~t . Na 3q ,MATERIAL EOl1Al. EDt N FROM SUE3t~tA4 TCJ . ~ E 3. SURFACE SHALL HAVE A MEDIUM. BRDOM FlNISH. b. GRAIN BLOptOUIS W CURBS SHALL BE EXTENDED TO BACK a~' SIDEWMJ~ VAIN 3' DIAMETER I. ID 6E ,'~oD P.S.Q. APTER 28 DAY$, PLAST~c Ar 27i ;tcPE. CanrRACnDn Janr To BE PLAao ovcR PIPE. ~ GREa~R 1rwV b~ , xt PASSn~H urr~ eAS~Ns sfw.l, ee vtt. ' ~ ~ ~s ~ 1r~ C IA DPI W U I R ~ 1l~ A►Y (~~I`~R 8► ~ N CATCH ~`ANDA~D Cll~~ CONCRETE SIDEWALK ~14SIN I~l'A~.S ~ . ~ ~r ~ ~ ~J ~~Y.Li•K ~ ~ ~ 11M~ Y. 9 ~ ~ Y1 UMtn V1 rum v9► sew +r,,~ ~ 4A+~ ~ Cf~ T1~ARq ~ ~ ~ ~ flu a+~~wt,o ~a ~ ~ . o t~~TY 11~~ ~ I~aa c~r+r q~'Y t~ `~GA~tD ~ a ►ILa _ , ~ ° ; ; Qf~4~N ~t~ ~ ~>~r ~~rA~-m►~► l~Qi~t r~r.~ r»~-~ ~~Tr~s-so ti IM . c.~~~4~1~~T~fit~ 9tR~ 1 * ~~4~~ "~J1t~1~J~l~Y 3~W~R - ~ ~ ~ ~ ` 1`•tr • i. THE CONTRACTOR SNAti Nt~T;FY Atl. IrhtC~L;R4R<~UNp UTILITY GCt~dPAN1ES F6R PRI+ THEIR RESFECTlYE FIELD LOCATIONS; T}~lL~ IE7tCAVATOR hJUST COMPLY VVITH . - - - - - fir... ~ - - - _ _ _ - , - _ - ~ 3413.SXa. - _ __ib. -COS ~ ~ ~ 6E ~1 2. ALL WORK AND MATERIALS SHALL GONk?RM TO fHE CITY OP TIGARD - PUEltK; WORKS GODli ANt) TTiE_TiGARD.WAII:R DEPAAT'MENT SPE:Cif"~ATIONS 17. Ait } iTila CONTRACTOR SHALL "K)Ti~'Y CITY INSPECTOR tETi1A THOMAS (PH: 639 4111 ANO THIi ENGINEER Z4 HOURS P.R!(~R TO THE: START t~F WORK. A PRE~',GNSTRUCTIt}N 18, MAI ~ DRAINAGE ElLOCKOUF ME 7lNG WITTi TH GTY i5 REOU1 E . 5 F; FACE (X: CURS 3 L.D. PUSTtG 32 E E ~ STREE YA iH PIPE W COUPLING 1 g / !b 8` . 3. Alt STORM PIPE. SNAtI BE GONCREiTE; C 14 EXTRA STRENGTH, OR EQUAL 19. O.S 1`. E3ATTER „L 4' MIN. • ~ AS APPROVEq BY THE CITY. FHE ROAD 1` g 1` R t .=+r " T d ~ 5~ MRL. 4. Ail EXCAVATED MATER1At SHAtt.EE REMQVED FROM THE SITE. 2O THE ' ' ~ GROUND EXISTING LANDSCAPING PLANTS SNA,~.t 8E REMOVED AND STORED ON fHE Gt b ` ~ ' f 2 MAC~NO-HUMPHRlES SITE AT A LOCATION AGGEPTAE3tE TO THE OWNEA• Vy jj ~ • ~ : AXr 8 g• _.3.~ y ~ , . ~ • ~ 12' PHE CONTRACTOR SHAtI KEEP THE PLANTS WAT!?RED ANfl REPLANT THEM. Tt E3ASE COURSE-1 ~ ! • • ~ AFTE R THE Ct#NSTAUCTlON AT tOGArK3NS AS gIREGTEq CiY THE OWNER. ' zi. SID 24 1. MATERIALS: 5 A 1 TR T Its t R1A Sl1A BE REMOVEq lL E?AUSI , EES, AND OEtE ER . US MA E LS it 2' X 2`X44`, 12 GA. GALV. PERfGRATED STEEL FRGM THE SITE. , P45T, F 4. FOR, uSE ALGNC MEDIANS, GUTTERS MAY B£ REDUCE4 WITH PRIOR d g. A t TNT N TURAL Fi NA E3 PLACEq ANq COMPACTEq TO GRADI APPROVAL fRaM hiE pIY ENGiNEF.IZ, 2 /2 X 2 /2 X & , t2 GA. GALV. FER;F'(~ATED 1 1 1" L E qED 3TRUC it , tL E 9S`A RELATIVE DENSITY, THE FILL V>fiit LSE TESTED. TEST }2ESULTS SHALL E4E 2, CON T 0 STEEL STiFFTIER P4St SU6MITT£D TO THE CITY ENGINEERING OFFICES PRIOR TO PAVING 1 THE CRETE 4 HAVE A EiREAKlNC STRENGTH- 4f 34D4 P.S.I. AFTE.4 28 DAYS. 2 1/4' X 2 1/4'X36', t2 GA. GAIV. PERFORATED FHE ROADWAY. 3: EXPAN9GN J4{NTS: STEEL ANG1iOR, 2. Tl1E 3 . • H R C D F{ A. T4.BE PROVIDED: 1. ALL E;XlSTING STREET SIGNS AEMp ED DURING CONSTRUCTION S Ati BE EPLA E a AT EA 0 3/8 X 3 t f ~ , GAtYAN+Zf.O Hpt NEAR BOLT NAT#1 , ~ C!t POINF 4f TANGirlCY Of T1•IE CURB. LOOK WASHf~t, OR 3/16' CORNER Bq.F. AS SHOWN ON THE PLANS OR AS MAY 8E giRECTED 8Y THE CITY ANq THE ENGINEER 2 AT EACH C4L0 JOfN1, J" 3. THE 3 'AT EACH SSE OF WLET STRUCTURES.- i8" 0 I/ib' X S' GAJ.Y,WIZED CAftR1ACE PATH F'UF AND 4 AT EAC#i E~ Of ORIVEWAYa WA ' p 6 EXISTING SANITARY SEWER AND $TOAM DRAINAGE: MANHOLES Witt NEED TO GEI L9CK 5HER, ~ 904.T'S ER RA>< PER POST: ~ t1 JU TH PAl/l S Rf !N Ct)NFORMANCE WITH THE RE( r 5~ AT LOCATK~9 NECESSARY TO Ut~F SPAC#NC In 4S IFFY. 0 E AD STEq TO MATCH E NG U RCE • 2" X 8" C#14SSRAilS•-PAINTED 'A1TH RE~T.EC7C12iLE0 UNIFIED S W R G AG NCY OF.WASHING7ON COUNTY AGENCY) ANq CITY ~ TliE E ESE E B.::~' IQ ESE PR£-MCiDEO, ASPHALT IMPREG;1ATEb, NON E)tTRt10lNC~ ~ RED. AND WHITE PAINY T YAT}t~,+~1ffIGKN£S.9 ~ f lNS2t ~ 0 OF TIGARD STANDARDS ANq ~PECIFICATlONS R~ /2 Aq. 4. CONTRALTI ~ ' ' IN . _ ~ 2 SEE: MANUAL ON UNIFORM TRAfTTC CONTROL D!"NGES WA p 9. THE ENGINEER SHALL PROVIDE ONE SET OF AS-BUILT DRAWINGS TO THE CITY. FOR STRE+r1~ AND NiOHWAY4 AND THE ~GON EiIE A. SPApNG TO E}E NOt MQ4E MAN 16 FEET. SUPPLE:MEN1', , lJ: THE OkRl}i. ~'.TNE JOINT SHALL @E' AT (EAST' t 1/~ INCHES 0 10. THE CITY OP TIGARD WATER DEPARTMENT SHALL 9E: NOTIFIED PRIOR TO COMMENCING LAP ~ ~"E 8!~S CONSTRUCTION. ALtCURt4S MUSE' ,Q~ G4}NSTRUCTED PfTIOR TO T#~IE WATER LINE ~ A~RO_CK ~,-O. CR;3/~=~ 35~ilPAOTI~- Rat, SN~J,.BE; T4 bC,.B Ed/UERI QE51Qi N q 4. ACt BG~AQE.QF'=STRF,~T STRUGTtlRE 4 !N DEPTH, wNlt21 14 GREATLR. 0 w 6C-«9 # APPLlCA710N CO STRUCTION UNLESS OTHER ARaANGEMENTS RE MAgE. r _,9RAINAGE L~.Q~pi~'- 41AML;1E># C PIpE;` C► ALL, MA1EF$ALS AND Y10RtS~/4N~ikP S1•IAIL E Ni 1 i. Alt MATERIALS AND WORKMANSHIP SHALL COMPLY WITH A.W.W;A. STANDARDS. 5. CO Pi.ASTT . 8 . ACCORDANC$ YA1}! RREN~' STATE OF' QREf,ON N0 Yt STANDARD SPEC~ICAT1pN Fqt NIGTiWAY C{~ISTRt1CT10N ...w, ,F ,.r..~ F A PAATMENT. $j' DR~tLAC4 ACSc~~! ~'MROUgi gQSTIN~ C4►R93 StiAil, EI>± C9RE DR~tED O~ CURS , ~CADt; ~ 12. ALL WORK S#iALt EIE INSPECTED ANO APPRQVED 8Y THE TIGARD WA E DE ~ , STGN SUpPCR1 L'lJ • VERI1CALt,Y 1E1; ODE S~.DRA(t~ AND RET'OURED TD fUit DEPTH OF CURET. 4, EIAR~ FOR SI~tALlE t3 SiM~.AR. . 1 - , ' . - ~ ~ ~ ~ ~ 1S. AtL PIPE SHALL EIE TYTON JOINT, DEMENT IkNED DUCTILE IRON, CLASS #S~. f s k - . - - - a - .A." . . ~ 14. NE:YV FIRE HYDRANT ASSEMEEtY CONSISTS OF: EXl3TINCi HYDRANT MAY BE REUSEE)• ~ ~ ~ , 6 Ua~tltl~ 1\ ` ~ ~ ~ A. MO R ENTURIbN~ A-d42 b" M.J. 5.114" M.V.O. DERN,l~UELLE C . 1 " S PORT (flhtp'2~1n" AND ONE 4.112" N.B,T. CONNECTIONS}. N'fRRI'Ei2 bI! ~Mlfl't Y1' ~ R~6 Nft Rlf _ GIfJ}Ut4 B1f - . ` 1.112" PENT OPERATING NUT.-OPEN LEFT, YELLOW COLOR. .~~J~',. ~ 4AA LAD , . 1rY . ; ';z`: t : - • E3. TEE. . Afwt . iw9~' 4~ , . ~ w~~ . - M.J. AS REQUIRED x 6 Flc3; ` C. 1:14, x N.~: GATE VALVE. ~ ~ fl. 6" I~ J: 4 N,J~ NQlDIN{3 SPOOL. ' - • DESIGN ' REFERENCE IN;=ORMATION AND NOTES: f . iN.L.Mc. TRACED T.J.W. i rurrvrn 1  VI !{.VI14V S HARRIS-AleMONAGLE ASSOCIATES, INC. ENGINEERS-SURVEYORS DETAIL 1 T REV. DESCRIPTION SUB; APPR. DATE DATE 12555 S.W. HALL BLVD. TIGARD, OR HONE: 003) 7539-3453 AND NO TES 0 e3 2-28-95 P REFER- TO.TRACING FOR LATE-ST RiVI$ION . ~ ~ . i I I i~ ~i 3 I I i /3's I1,7k I G~MMLT~iG4L /I%`~~/ JD ll IlG'MPIZ fE5 a o c s~ L 9 LEGEND EXISTING DRNEWAY/PARKINO PAVENENi Cl>T PAVING AREA WIDENED AT HALL BLVD. EXISTING TRAVEL LANE TO REMNN ~ `~D Ste' SEE PLAN STA-9+44.23 TO 12+00 LEf7 S SANITARY SEWER MANHOLE - - - - CENTERLINE RIGHT OF WAY R/W) r I 30' 30~ 3 30' 34 ' D STORM DRAINAGE MANHOLE - - - EDGE OF EXISTING PAVEMENT ~ ~'T~'H TRJSNSITgN AREA TRAVEL LANE Q ,S t. ~C t33-19 14 24-24' VAa2tES STREET SIGN WATER LINE-(W/L) 2.5~ - - 2.5X • 1 ~ - ~ - ® CATCH 84SIN - - - IXCAYATION PAVEMENT REMOVAL AR - ` ~ ' - / ~ MP`T~0 ~ ~ f1RE HYDRANT (f.H) - GAS LINE-(G/L) 7 CLASS C" ASPHALTN; ;0►?~ETE 2-1/2' CLASS .8„ ASPHALTIC CONCRETE - i Y Y 3/4'(-) LEVEUiG ROCK 1-i/2' ClASS 'C' ASPHh1TIC CONCRETE CAS VALVE PROPOSED CURB 5' 1-1/2"(-) k~,':E 1' 3/<(-) LEYEUNC ROCK . I~ t-~/2'(-) BASE ROCK WATER VAtVE ~ EXISTING CURB ~ TYPICAL STREET SECTION -LEFT SIDE CULVERT/DRAINAGE DITCH NOTE; Po TELEPHONE PEDISTAI STA. 12+00 TO 14+37 WIDTH OF THE tRANSf110N ~ POWER POLE P.P. DENOTES AREA OF SIDEW'AtJT CONSTRUCTION IMPROVEMENT `•'~,+RtES-SEE PLAN NO SCALE ( ) 4 5/8' IRON ROD-PROPERTY CORNER DENOTES AREA OF A C EXCAVATION AND REMOVAL / i~ r t 0' 1-~ G _i b GI SCALE - 'i - o za ~ +o eo ~ g ~ - - i 'tom" ~r ~ ~ a ~ Z 4 6 r~ t o"" V ~ Q 3 rZ . ~C~ D r-~ c ( 1N FEET) ~ ~ 12' TREE r - ~ ~ ~ ~ 1 Inch - 20 Pt" P.P. Q P4 P ~ IU TEL. Y~~- - - -TOP~At~lt - - - - - 3 ~ ~ Df?CH P D. EXIST, EDG I - - - - _-z _-.-E OF PAVEMENT - - - _ _ - - - GA NE - - _ - - _ _ _ - ~ s+ao 10+00 11 +o0 12 00 L~ - - - R W- S 45'12"00 E ____.--I_ @/~.---'- ----f- / ~ A - . o ExtST. EDGE OF PAV1:l~EN1'. _ : ~ ~ _ iW - C` ~ - - - - - - - - N I - - _ ;,p a CONSTRUCT STD. 16" CURB I EXISTING ANDSCAPE ~ ~ 10+50 TO 14+66.96 !n M~'VEp O CONSTRUCT CURB k CLRfER ~ _ CURB NE NG .URB ~ ~ { ® ~ EX{STI C 4 99±4x.23 TO 1Q+.~.: "t -a"--,-~~__ _ - - ;.~~;..,.._,:_;:.@w--~ _ ___.a~,~~,~,~, - - - - -.--EXIST. s/N Exlsrrrlc /L., _'=r w~>_,_•y:. - . , . XI TIN N .PAD • BACK OF SIDIEWAU( ~ ~ END EXIST. CURB ~ E S G CO C M BEGIN coNSr, R/w LINE r 15' 15 STA.-9+44.2J ~ MATCH EXIST F,H. ~ P V 20'CR T ~ U 8 APER TO REAWN G ~ ~ , ~ , ~ ~ 00 ~ o. o - T~ i ti~ 5 IK 4~ ~ ~ ~ 1V ~ V11 0 ~ ~i ~G t _ 1 z - Q - t~ ~ ~ ~ tip ~ QP4,P G ~ 3 ~ , ~ P Qi P i ~ I a 174 ' 0 N ~ 1f ~r + 0] N cp rr 172 ~ U 100' WC ~ II m r ~ ~ PVI STA = 10+75 + I w I~_ x ~ PVI ELEV = 166.00 ° ~ ~ E' Y w ~ ~ ~ o ? A.D. = 2.07 K = 48.31 ~ a '_1 "'Y zw ~ ~ 170 w m cn II N N ~ ~ J N ~ ~ tl w `i' ~ p c0 ~ 2°,e + cp ~ T W 0) ~ p _ 168 ~ UU ~ II F- I- I J } ' Uw ~ fCO~ j 3 0 ~ >Lµ~N _M1 CONSTRUCT CURB AND G TIER C~ S~MEO~µG PP PS EXtS~ ' 9+44.23 TO 10+50 jo 166 - - 0.65% LANE P OF' CURB PROF L ~~R EXIST NG PAVEMENT T f G wP 1 •1~N EX1S f~~~~~- 164 r~, ~i r_ i~ +5+~+~ 162 - _ - l t• 1 160 - f'. 9+00 9+50 t0+00 10+50 T1+00 11+50 12+00 H r- - l  REFERENCE INFORMATION AND NOTES. DESIGN SCALE W.L.Mc. MA ON-0 -HUMPHRIES COMMERCIAL STREET '°=2°' A M TRACED DWG, NO. T.J IMPRO VEMEN TS MAG-PLAN SHEET CHECKED IIARRIS-McMONAGLE ASSOCIATES, INC. 1 - z ENGINEERS. SURVEYORS A Na PRO~`IL a REV. ~ DESCRIPTION SUB, APPR. DATE a DATE 12555 S.W. HALL BLVD. TIGARD, OR 97223-6287 PLAN OF i i c~ 2-28-95 PHONE; (503) 639-3453 a REFER TO TRACING FOR LATEST REVISION W 0 a v a C CB / I ~lNO+ x`33 oS x ~ ~ I~ o X ~ A + 4 ,sly / ~ f x kl~c . O . ie N 0 q ~ ~ i R~lNC *IYO '0 ~ o o's C x x x rn ~ ' 8 ~ 1 ~ r S! 6.Ot qR j 'h! c °Ce C~ e o /41 I~w a +S3 !ss o ~ ~ I . x x ~ l x !s~ ~ `vim 'ss 'oaf" 'so+ c ~ °CB ~ 1 'ss g o o ~ ; 1 ~ +•3 s s & ~60 !6 x O ~ f +lS~ u ' A rn i ~ ~ q ~F o~ v • g ~ ~P CQo CS Aq ao or R~lh G o~ sis Q d , Cg .19 ~ ~ - - - I - - - _.r...~ , i G/M w ~ i , - h - ~ ~1 ~ ; o 1~ of ~ m r ~ R G , M ~ i _ 5 v ~N t 4 _ p f - ~ A~•- t ~ 5 R I ~ 1 _ 5 0 - • ~N7 P~ ~ r~- 8~ 'y~ r R' I ~ M M 7 ~ v~ i~f 1 ~ ~ ~ /f D P ~ , J ~ ' ~i` , r G' y Gr ~ ~ ~ y ~N l vi _ o ~.W , A G , . / i i 1 i F Iii 1 1~L- oN, ~ . "i N ~ ~ A - r . c - , ~ s 2 ~ R. ~ ~ ~ - - O` X~ ,?~'i, yA "1 1 Y. ~ 1 ~'b' ~I .V ~ ~ R" / f1GlY1 Q~t ~ CU 1"1 ~ ';~g R~ . ....wrr ..pax ...ate, a G F. _ ~ r. GENT~"~'LING ST.a A i s ~ ry Dr~DO QN - ~ ~ SI"/NG - A1NC.: ~XGAyArt G ~ 4 0 _ ~ A ~ ~ D L l" E ~ a x e~~?.~.__..... T A 1 ~ ~ a s ro t o~ ~ G _ p _ _ ~ - - p _ . P _ - ' 7 - ~ ' - -i~ - - ~ Y ~ ~ ~ ~ S/GN s~ ~'!~Y/~/ LAC' ~ ~ a c1 Pp ~T ~ ( ~A L J" ~ ,i ~ I %1T F.~~ n 0 n~ 1~... ~ 74 ~ ~ ~ 47 ~ -W......,.•.,,..~.~ ~ ~o~ 0 E~ . N ~.i ~ ~ U 65 ~ ~ ~ ~d w b 0 _ . . /0 D V G _ _ _ i . ro o~ c 'Cr c .~5 ~ _ . _ - - - - - ~ - _..~y___...._. 0 t 2 c- - ~5- ~ ~ t _ ~ _ ~ ~~Ma~c~n~ n~Al~ ~ . .o" ; . , • a a' ~a •a •v ~ o " . .a ~ , e . a. v i__' a / ' ~ b ~ 4 , ~ ~ , cc ,,~y ~C , s 6 ~C•5.P y , 4 ~ , ~ d 7 . TI 4{ I 1 r7 . PED~S7RIAN CLIARD RAIL ~ ~ ~ - I ~ . ■ - _ _ e. Se . - - _ _ _ . _ . _b.. _ . _ _ _ rt9 . s~_ _ . _ -C - _ _ _ . _ _ C S.,c~ - _ _ _ - ~ z' m~~ - ~ r -,....W..,,. t 4 tiAL,~'~Y C ~ Y F~ , r,,~ r ~ - ~ str-„ ~a _ `f 0p co~v . _ : ~ ~ ~ ~ V - - . D l ~ _ ~ f 1~ r i . zo~~~ ~y, .._~i^ Ap ~V ~ ~~y ~ ~ ~ 6, u) ~ ~ i ice' ,n.. x SQ lr~ ~ ~ Q - - ~ _ N ~ l.V ~ 1 J W ~5 3  y\ R\+Y St~dr~+14YFz~i~ .t. 1' , OF=SIGNED PR ED -r t t2. . TkA ~ f J 1 DRAWN 7e'~CALE r l DATES • /9 Ira '+3!I , . all ~ ..a.. TIGARD, OREGON MAIN STREET pATf N0. REVISION t i•_ f pTjrQ~~~!+AF1jr, V11, fkilN .TQM y t. BY CHECKED ~.,~~„r, FILE ~a r•'^ ~'2U • f: I - ~v ;#4 ' *1, ~1r,. w STREET. 1 PROVE T L PROFILE 04% iv 4mmax QQ~~ -;r~ e_L._ t'.l ~f~"",. ~~••t.~i,~'~~~•' •}^Y.~,~w.~.+ ..1 4.. L jl+ .Y' ~ r ~ ~ lei , - __d:5.~~.4 ~ .a~h+ • d` '~b iii .~.u.it_. I29L.~e~.~Ykd.._~..s . 1~4Y~J.. J-'~ J.. ~f v' 'I-~-+,_