Loading...
Hearings Officer Packet - 07/28/1997CITY OF TIGARD Community Development Shaping .A Better Community CITY OF TIGARD HEARINGS OFFICER JULY 28,1997 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 74TH AVENUE INDUSTRIAL PARK Site Development Review (SDR) 97-0002 Sensitive Lands Review (SLR) 97-0003 LOCATION: 15715 SW 74th Avenue; WCTM 2S112DC, Tax Lot 01500. The site is located north of SW Durham Road, on the west side of SW 74th Avenue. PROPOSAL: The applicant has requested the following development applications: 1. Site Development Review approval to allow the construction of a six (6) building, 33,520 square foot industrial park; and 2. Sensitive Lands Review to allow land form alterations within the 100-year floodplain and wetlands. COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: I-P (Industrial Park) The Industrial Park zoning 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.68, 18.84, 18.100, 18.102, 18.106, 18.108, 18.120, 18.150 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARINGS OFFICER PAGE 2 OF 2 7/28/97 PUBLIC HEARING AGENDA h:\patty\masters\agendho.mst CITY OF TI'GAR HEARING'S OFFI( %LL, LEVAI 223 PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ? Qualified sign language interpreters for persons with speech or hearing impairments; and ? Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) TIGARD HEARINGS OFFICER PAGE 1 OF 2 7/28/97 PUBLIC HEARING AGEND1 h:\patty\masters\agendho.mst AGENDA ITEM NO. 2, 1 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON, OREGON 97075 Legal Notice Advertising ' City of Tigard • ? Tearsheet Notice 13125 SW Hall Blvd. ' Tigard,Oregon 97223 ' ? Duplicate Affidavit 'Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. • I, Kai-hV Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard- Tualatin Simi a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: July 17,1997 AFFIDAVIT Legal Chapters 18-68,18 :84 18.100 18.102,18.106,18.108,18.120,18.150, Subscribed and sworn to ore me this 17th day of JulY 1 ' and 18.164. wua?aaa A BURCM Nota blic for Oregon r NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: My COMMISSION EXPIRES MAY 16, 2001 Notice TT 8 8 8 4 RECEIVED JUL 21 1997 ITV nr The following will be considered by the Tigard Hearings Officer on Mon- day, July 28, 1997 at 7:00 P.M., 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. Faihlre to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by calling (503) 639-4171. PUBLIC HEARING:. . SITE DEVELOPMENT REVIEW [SDR] 97.00021 SENSITIVE LANDS REVIEW [SLR] 97.0003 > 74TH AVENUE INDUSTRIAL PARK < A request for Site Development Review Approval to allow the construc- tion of a six (6) building, 33,520 square foot industrial park. A Sensitive Lands Review has also been requested to allow land form alteration and development within the 100-year floodplain and wetland area. LOCA- TION:15715 SW 74th Avenue; WCTM 2S112DC, Tax Lot 01500. North of SW Durham Road, on the west side of SW 74th Avenue. ZONE: In- dustrial Park; I-P. The'.Industrial Park zoning allows public agency ad- ministrative services, public support facilities, professional and ad- ministrative services, financial, insurance, and real estate services, busi- ness support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution among other uses. AP- PLICABLE REVIEW CRITERIA: Community Development Code TT8884 - Publish Iuly?17,1997. _. - ? CITY ? OF TIGARD HEARINGS OFFICER CITY OF TIGARD Community (Devement ingABetter C mmunity ED SIGN-IN SHEET Q Shap NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET-._.._.[Please PRINT Leaibhll AGENDA ITEM #: I 2,? F DATE OF HEARING: 7/28/97 Page 1 of FILE NAME(S): 174TH AVENUE INDUSTRIAL PARK CASE NUMBER(S): SITE DEVELOPMENT REVIEW (SDR) 97-0002 SENSITIVE LANDS REVIEW (SLR) 97-0003 OWNER(S) James Castile APPLICANT(S): Same PROJECT LOCATION: 15715 SW 74th Avenue MAP(S) & TAX LOT(S) NO(S). WCTM 2S112DC, Tax Lot 01500 PLEASE PRINT YOUR NAME, ADDRESS AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (Print Name/Addreszft &AflIDetlon) (Print Name/Addressft aANINadoN JoHN /2 0 wL6F5 Name: Name: Address: W. IW,'9-PA-b?-O Address: City: - UA"L/'r i /1V State: D Zip: 470 i?2 City: State: Zip: Address: 2 0 ct cp S ,w , Co-AAM 4 Q_&A Address: City: I-LQ r w c Q State: o4,- Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: h Apattybnasterstsigninho.mst EXHIBIT A 'EM= An - PARTIES CP R6a'RD (Written Public Testimony received at the hearing.) fbNE? EXHIBIT B wEKHMT B' - TAPED (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. .• 0 EXHIBIT C 'parr cm - wRrz m mommoNY (App-materials and pertinent cooresp.filed with Hearings Officer prior to public hearing.) CITY OF TI©ARD Community (Development ShgpingA Better Community CITY OF TIGARD Wasfiington County, Oregon NOTICE OF FINAL ORDER c* BY THE HEARINGS OFFICER Case Number(s): SITE DEVELOPMENT REVIEW (SDR) 97-0002 SENSITIVE LANDS REVIEW (SLR) 97-0003 Case Name(s): 74TH AVENUE INDUSTRIAL PARK Name of Owner: Jim and Audrey Castile Name of Applicant: Same Address of Applicant: 8100 SW Durham Road City: Tigard State: Oregon Zip: 97224 Address of Property: 15715 SW 74th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S112DC, Tax Lot 01500. Request-? A request for Site Development Review Approval to allow the construction of a six (6) building, 33,520 square foot industrial park. A Sensitive Lands Review has also been requested to allow land form alteration and development within the 100-year floodplain and wetland area. Zone: Industrial Park; I-P. The Industrial Park zoning 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.68, 18.84, 18.100, 18.102, 18.106, 18.108, 18.120, 18.150, and 18.164. Action: -? ? Approval as Requested 0 Approval with Conditions ? Denial NOtlce: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of record within the required distance 0 Affected governmental agencies 19 The affected Citizen Involvement Team Facilitator 19 The applicant and owner(s) Rnal Decision: % THE ?ECISION.SHALL BE FINAL ON MONDAY AUGUST 18,1991 UNLESS AN APPEAL IS FILED.' The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 PM. ON'AUGUST 18, 1997. QueSUOnS: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SDR 97-00021SLR 97-0003 74TH AVENUE INDUSTRIAL PARK 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 site development review ) FINAL ORDER and for a sensitive lands review for an industrial use ) SDR 97-0002 in the I-P zone at 15715 SW 74th Avenue ) SLR 97-0003 in the City of Tigard, Oregon ) (74th Avenue Industrial Park) I. SUMMARY 1. Jim Castile requests approval of a site development review to build six structures containing about 33,520 square feet and associated paving and other development for an industrial park. He also requests approval of a sensitive lands review to allow land form alterations in the 100-year floodplain and wetlands. 2. At the public hearing in this matter, City staff recommended conditional approval. The applicant accepted the recommended conditions. One member of the public testified with questions. There was no other oral or written testimony. 3. In this final order, the hearings officer approves the applications based on the findings and conclusions included and incorporated herein and subject to conditions recommended by City staff except as expressly provided otherwise in this final order. II. BASIC FACTS 1. The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the Staff Report dated July 21, 1997 (the Staff Report), and the staff and agency comments in Section V of the Staff Report. 2. Based on the application, roughly 52.6 percent of the 5.55-acre site (or 2.92 acres or 127,195 square feet) will be developed with structures or impervious area (i.e., pavement). Therefore roughly 47.4 percent of the site (or 2.63 acres or 114,563 square feet) will not be developed and will remain in an undeveloped state (e.g., the majority of the wetland and floodplain) or will be improved with landscaping. III. APPLICABLE APPROVAL STANDARDS The applicable approval standards are identified in Section IV of the Staff Report. IV. HEARING AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on July 28, 1997. 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. The hearings officer described how the hearing would be conducted, and made the announcements and disclosures required by law. The following findings summarize selected testimony offered at the hearing. 2. City planner Will D'Andrea summarized the project and the Staff Report. Hearings Oricer Final Order SDR 97-0002 and SLR 97-0003 (74th Avenue Industrial Park) Page 1 • • 3. Jim Andrews of Nicolai Engineering testified for the applicant. He accepted the findings and conditions of approval recommended in the Staff Report without correction or objection. He testified the applicant will modify the location of the water quality facility so it is on-site and outside of the sensitive lands area consistent with recommended condition of approval 7. He asked what is required by condition of approval 10. Mr. D'Andrea responded that the applicant needs to provide text of a deed restriction for review and approval by the City. He offered to provide an example of language used for a similar purpose at a different site. 4. John Bowles, who owns the adjoining land to the north, testified with questions about the required setbacks under the Community Development Code ("CDC") and Fire and Life Safety or Building Codes. The hearings officer responded that the CDC allows a zero setback, although the site plan shows a setback of 5.85 feet for the buildings in this application. Based on the CDC, Mr. Bowles could build a structure with a zero setback. However the Fire and Life Safety or Building Codes may require a setback. The hearings officer recommended Mr. Bowles consult with the Building Official and the Fire Marshal. 5. At the conclusion of the public portion of the hearing, Mr. Andrews waived the applicant's right to hold open the record. The hearings officer closed the public record and announced an intention to approve the applications subject generally to the conditions recommended by staff. V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by city staff; to wit, the application shows that the proposal does or can comply with the applicable standards and criteria for a site development review and sensitive lands review, and adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the July 21 Staff Report as his own except as otherwise expressly provided herein. 2. The discussion in the Staff Report generally is complete and responsive to the applicable approval criteria. However the following additional findings are warranted to be more responsive to certain criteria. a. The proposal complies with the requirement in CDC 18.68.050, because more than 25 percent of the site area (i.e., 1.3875 acres or 60,439 square feet) will be landscaped, based on finding 111.2 above. The corresponding finding in the Staff Report was stated in terms of the percentage of the developed area of the site. That is the wrong standard based on the plain meaning of the words in the CDC. CDC 18.68.050 states the standard in terms of the total site area, not the developed site area. b. At several places in the Staff Report where it discusses development in the sensitive area and its buffer, the text is ambiguous. It could be construed to authorize development in the sensitive lands area (i.e., in the floodplain or wetlands) in excess of other recommendations in the Staff Report and what is allowed by the CDC. The hearings officer finds that, pursuant to CDC 18.120.180.A.2 and 18.84.040.D, the applicant should be prohibited from developing the water quality facility so that it extends further than 10 feet into the wetland buffer. That is consistent with other findings in the Staff Report and with recommended condition of approval 7, which the applicant expressly accepted. Hearings Officer Final Order SDR 97-0002 and SLR 97-0003 (74th Avenue Industrial Park) Page 2 • • c. CDC 18.120.180.A.10 provides that "[e]xterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime." The analysis in the Staff Report concluded the application complies with this section because the Police Department did not object to the plan, but the hearings officer finds that is not responsive to the standard. The hearings officer further finds that it is feasible for the applicant to comply with this standard by submitting a lighting plan for review and approval consistent with CDC 18.120.180.A.10. Therefore the hearings officer concludes a condition of approval is warranted requiring the applicant to submit to the planning staff for review and approval a lighting plan showing that light fixtures are selected, designed and situated to direct light towards areas of the site vulnerable to crime and away from the sensitive lands area. d. Regarding CDC 18.106.030.D.2, the Staff Report describes anticipated uses on the site and concludes that the proposed amount of off-street parking is adequate for those uses. However there is no certainty that the site will be used as described in the Staff Report. Other uses or different ratios of uses may be proposed. In that event, parking requirements may change. CDC 18.106 requires adequate off-street parking before uses are changes. Therefore when specific uses are proposed for the site, the amount of off-street parking provided on the site should be re-evaluated to determine whether off-street parking will be adequate for the proposed use(s) in combination with other uses on the site. A condition of approval is warranted to facilitate compliance with CDC 18.106 and to avoid creating any misimpression that the amount of parking proposed is adequate for all uses or combinations of uses on the site. e. CDC 18.108.080 requires at least one access for industrial uses with fewer than 100 off-street parking spaces. The Staff Report indicates that the CDC allows one (and by implication only one) access. A correction is warranted to avoid creating a misimpression. f. Condition of approval 13 requires the applicant to submit certain additional information to the hearings officer for review and approval consistent with CDC 18.84.040.A and D. The hearings officer finds there is substantial evidence in the record that it is feasible for the applicant to comply with the cited section; to wit, the applicant does not intend to develop land in the floodplain or wetlands, so that the development is not reasonably likely to reduce flood-carrying capacity of the floodplain or the base flood elevation nor to reduce the area of wetlands on the site. The applicant can demonstrate compliance with these criteria by submitting an engineering analysis. The hearings officer finds such an analysis involves matters of a highly technical nature that can be delegated to the City staff. Therefore the hearings officer concludes the applicant should submit those engineering analyses to the staff for review and approval rather than to the hearings officer. VI. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed site development review and sensitive lands review applications doe or can comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws 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 public testimony and exhibits received in this matter, the hearings officer hereby approves SDR 97-0002 and SLR 97-0003 (74th Avenue Industrial Hearings Officer Final Order SDR 97-0002 and SLR 97-0003 (74th Avenue Industrial Park) Page 3 • • Park), subject to the conditions of approval in Section II of the City of Tigard Staff Report, with the following changes: a. Condition of approval 11 is hereby amended to add the following: c. A lighting plan showing that light fixtures are selected, designed and situated to direct light towards areas of the site vulnerable to crime and away from the sensitive lands area. b. Condition of approval 13 is hereby amended to read as follows: 13. Submit to the City Engineer for review and approval appropriate evidence and calculations showing that the development will comply with CDC 18.84.040.A and D. c. Condition of approval 20 is hereby added to read as follows: 20. Before the City authorizes use of the buildings on the site for any purpose or changes in the approved uses of the buildings on the site, the applicant shall show that the site contains adequate off-street parking for the proposed uses in combination with other existing uses on the site, consistent with CDC 18.106. DATEJ?Jthis 4th day of Aug ,st, 1997. /?? Larry Epstein,/AIP City of Tigar ? He (g/ Officer Hearings Officer Final Order SDR 97-0002 and SLR 97-0003 (74th Avenue Industrial Park) Page 4 • CASES: PRO OWN fD sK has a six( SDR 97-0002 SLR 97-0003 COMPREHENS ? - v- PLAN DESIGNATION: L gh lal; ZONING DESIGNATION: I-P (Industrial The Industrial Park zoning 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. LOCATION: 15715 SW 74th Avenue; WCTM 2S112DC, Tax Lot 01500. The site is located north of SW Durham Road, on the west side of SW 74th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.68, 18.84, 18.100, 18.102, 18.106, 18.108, 18.120, 18.150 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearings 'Officer find that the proposed development will not; adversely affect the 'health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject>to the following recommended conditions of approval:: STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 1 OF 19 • Agenda Item: 2.1 Hearing Date: July 28,1997 Time: 7:00 PM 4 • • 1. Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this projept. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate 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. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Additional right-of-way shall be dedicated to the Public along the frontage of SW 74th Avenue to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instruc0ons are available from the Engineering Department. 4. The applicant shall construct standard half-street improvements along the frontage of SW 74th Avenue. The improvements adjacent to this site shall include: a) City standard pavement section from curb to centerline equal to 17 feet; b) pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C) curb; d) storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; e) 5 foot concrete sidewalk; f) street striping; g) streetlights as determined by the City Engineer; h) underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); i) driveway apron; and j) adjustments in vertical and/or horizontal alignment to construct SW 74th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 74th Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 2 OF 19 • • 6. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site and/or building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 7. Prior to issuance of the site and/or building permit, the applicant's plan shall be revised to show that the water quality facility location will comply with USA's design and construction standards. The water quality facility shall not be located within a sensitive area and will only be allowed to encroach into the sensitive area buffer by ten (10) feet. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 9. The applicant shall grant a 15 foot access easement to the City for the purposes of providing a pedestrian/bicycle pathway. The proposed easement shall be located in an area that will require the least amount of impact to the wetland area. The easement shall comply with R&O 96-44 regulations concerning vegetated corridors. The easement may be located within the 100-year floodplain but located to avoid the wetland area. If it is not feasible to locate the easement below the bank adjacent to building G, or if the City determines that any proposed impact to the wetland area is unacceptable, the applicant shall locate the easement on the top of the bank. This location would require a revision to the site plan. Building permits shall not be issued until resolution of the easement location. 10. Provide deed restrictions which restrict use of this floodplain area, provides maintenance of the floodplain storage capacity and maintains the area in its natural state. Alternatively, the applicant may dedicate land within the 100-year floodplain to the City. 11. Revised site and landscaping plans shall be submitted for review by the Planning Division. STAFF CONTACT: Will D'Andrea (503-639-4171). The revised plans shall include the following: a) parking lot trees that provide for the required canopy effect with one (1) tree for each seven (7) parking spaces; and b) written sign-off from the hauler regarding the compatibility and location of the trash enclosure facility. 12. The applicant shall obtain the necessary, applicable permits from the Division of State Lands (DSL) and Army Corps of Engineers or documentation that such permits are not required. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 3 OF 19 LI • 13. Provide findings to be submitted for Hearing's Officer review that demonstrate compliance with Sections 18.84040(A) and 18.84.040(D), floodplain and wetland approval criteria. 14. Plans approved by Tualatin Valley Fire and Rescue. AGENCY CONTACT: Gene Birchill. 15. Prior to a final building inspection, the applicant shall complete the required public improvements. 16. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: a) mylars, and b) a diskette of the as-builts in "DWG" format, if available, otherwise; "DXF" will be acceptable. NOTE: if the public improvement drawings were hand-drawn, a diskette is not required. 17. Prior to final inspection for the site and/or the building, the design engineer shall provide certification to the Building Official that the private water quality facility was constructed in accordance with the approved plan. STAFF CONTACT: David Scott, 639-4171, ext. 311. 18. Prior to final inspection of the building(s), the applicant shall either place the existing overhead utility lines along SW 74th Avenue underground as a part of this project or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. 19. All site improvements shall be installed as per the approved revised site plans. STAFF CONTACT: William D'Andrea, Planning Division. SECTION III: BACKGROUND INFORMATION Site Histork No development applications were found to have been filed with the City. Vicinity Information: Property to the north and south are zoned Industrial Park; I-P. Property to the west is zoned Residential, 7 units per acre; R-7. The area is predominantly developed with industrial uses. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 4 OF 19 • • Site Information and Proposal Description: The subject site contains approximately 5.55 acres and is developed with a single-family residence. The western portion of the site contains both floodplain and wetland areas. The applicant is proposing to develop 2.63 acres of the site. The applicant has requested approval of the following development applications: 1. Site Development Review approval to allow the construction of a six (6) building, 33,520 square foot industrial park; and 2. Sensitive Lands Review to allow land form alterations within the 100-year floodplain and wetlands. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has not submitted an impact study that specifically quantified the impacts of this development on public facilities and systems. The applicant's narrative did address, generally, the potential number of trips expected and the adequacy of storm and sewer. The City has conducted a rough proportionality analysis to address the requirement of a pedestrian easement. This analysis is provided at the end of this report. Use Classification: The applicant is proposing to build an industrial park to provide rental space for small, incubator type businesses. Sheet 2.1, of the preliminary plan submittal package, shows the floor plans provide for warehouse, manufacturing, and office space. Section 18.68.030 lists manufacturing and wholesale, storage, and distribution as permitted uses in the I-P zone. Future tenants of this industrial park will have to comply with the permitted uses listed in this zone. Dimensional Requirements: Section 18.68.050 states that there is no minimum lot area and the average minimum lot width is 50 feet. Developments are required to provide a minimum of 25% landscaping. The site has a width of approximately 360 feet, STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 5 OF 19 • • thereby, exceeding the required minimum lot width requirement. The total area of the site is approximately 5.55 acres. The applicant is proposing to develop 2.63 acres (114,295 square feet). The applicant is proposing approximately 30,913 square feet, or 27% of the developed portion of the site for landscaping. The proposal, therefore, is providing landscape (non-impervious surface) area well in excess of the minimum required. Setbacks: Section 18.68.050 states that the front yard setback shall be a minimum of 35 feet and there is no side, or rear yard setback is required except 50 feet shall be required where the zone abuts a residential zoning district. The maximum building heights is 45 feet. As indicated on the site plan, the front yard setback is 35 feet. Side and rear yard setbacks are not applicable as the site does not abut a residential zone. The applicant is proposing a building height of 20 feet, well under the maximum 45 feet allowed. Site Development Review - Approval Standards: Section 18.120.180(A)(1) 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 18.100, 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 18.80 (Planned Developments), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 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. Q 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 Outdoor Recreation Areas: Residential Use), 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.A.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The proposed plan will retain the three (3) trees identified on the property. The applicant is proposing a water quality facility within the 100-year floodplain and wetland area. The applicant will be required to provide the necessary Division of State Lands and Army Corps of Engineers permits to allow such work in these areas. Buffering. Screening and Compatibility between adjoining uses: Section 18.120.180.A.4 states that buffering shall be provided between different types of land uses. This criteria is not applicable as this proposal does not abut a use that requires buffering in accordance with the Buffer Matrix (18.100.130). STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 6 OF 19 • • Section 18.120.180.A.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. As indicated on the site plan, parking and storage areas shall be screened from adjoining properties. Pedestrian Pathway: Section 18.120.180.A.8 states that where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian / bicycle pathway within the floodplain in accordance with the adopted pedestrian / bicycle plan. The proposed plan does not show the provision of a pedestrian pathway nor does the applicant's narrative provide findings that demonstrate compliance with this standard. The applicant is, therefore conditioned to provide a 15-foot-wide easement in accordance with this criteria. The City is concerned with the impact of a proposed pathway on the existing wetlands, identified in the applicant's wetland determination and delineation submitted with the application. The proposed easement shall be located in an area that will require the least amount of impact to the wetland area. The easement shall comply with R&O 96-44 regulations concerning vegetated corridors. The easement may be located within the 100-year floodplain, but located to avoid the wetland area. If it is not feasible to locate the easement below the bank adjacent to building G, or if the City determines that any proposed impact to the wetland area is unacceptable, the applicant shall locate the easement on the top of the bank. This location would require a revision to the site plan. A condition shall be required that states that building permits shall not be issued until resolution of the easement location. Crime Prevention and Safety: Section 18.120.180.10 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. The City of Tigard Police Department has reviewed the applicant's plan and has no comments or objections to the plan, thereby, satisfying this criteria. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type, and location of trees and shrubs. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 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 plan shows the provision of "Chanticleer Flowering Pear" trees, spaced approximately 30 feet, in compliance with this section. Screening: Special Provisions: Section 18.100.110(A) 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 (1) tree for each seven (7) STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 7 OF 19 • • parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, screening has not been provided in accordance with this section. A revised plan shall be submitted that provides for the required canopy effect with one (1) tree for each seven (7) parking spaces. Visual Clearance Areas: Section 18.102 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 (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) 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 (2), 30-foot distance points with a straight line. As indicated on the site plan, vision clearance will be provided in accordance with this section. Minimum Off-Street Parking: Section 18.106.030.(D)(2) requires a minimum of one (1) parking space per 1000 square feet gross floor area within warehouse (plus 1 space per 700 square feet of patron serving area and 1 space per 200 square feet of office area) for Wholesaling, storage, and distribution. There is approximately 28,322 square feet of warehouse space with approximately 4,702 square feet of office space. The amount of parking required for this amount of square footage is 53 parking spaces. The plan shows the provision of 58 parking spaces, thereby, satisfying this criteria. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 3 disabled parking spaces if 51 to 75 parking spaces are provided. The plan shows the provision of three (3) disabled parking spaces, satisfying this criteria. Bicycle Parking: Section 18.106.020(P) requires one (1) 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. Four (4) bicycle parking spaces are required for this development. The plan notes that eight (8) bicycle parking spaces are provided, thereby, satisfying this criteria. The plan shows that these spaces will be located in two (2) locations. Access: Section 18.108.080 requires that commercial and industrial uses which require less than 100 parking spaces provide one (1) access with a minimum width of 30 feet and a minimum pavement width of 24 feet. This criteria is satisfied as the preliminary plan shows the provision of two (2), twenty-four (24)-foot access drives on SW 74th Avenue. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 8 OF 19 • • Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The proposed site plan shows the provision of four (4) walkway connections to SW 74th Avenue, thereby, satisfying this criteria. Mixed Solid Waste and Recyclables Storage: Section 18.116 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 must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The plans show the provision of a trash enclosure. The applicant shall provide a written sign-off from the hauler regarding the location and compatibility of this facility. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This section requires a program to save existing trees or mitigate tree removal for trees over 12 inches in caliper. The applicant has provided a plan that identified three (3) trees greater than 12-inch caliper. The proposed plan will be retaining these trees. Since the applicant is retaining more than 75 percent of the trees, Section 18.150.025(B)(2)(d) requires no mitigation. Signs: Section 18.114.130(F) lists the type of allowable signs and sign area permitted in the I-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 9 OF 19 • Sensitive Lands- Wetlands: Chapter 18.84.040(D) states that the appropriate approval authority shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. This criteria is satisfied as this wetland is not designated as a significant wetland on the Comprehensive Plan Floodplain and Wetland Map. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The applicant has not demonstrated the need for the proposed location of the water quality facility or that the site disturbances are the minimum necessary to accommodate the facility. The applicant has not addressed compliance with R&O 96-44 or provided evidence that a fill permit from Division of State Lands has been obtained. The applicant shall submit evidence of a DSL fill permit and an explanation of the need to locate the facility within the wetland area. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. To fill wetland area, a Division of State Lands fill permit will be required. Mitigation associated with filling of wetland areas is required as part of the DSL fill permit. The applicant has not obtained a fill permit. The applicant shall obtain a DSL permit and demonstrate compliance with this criteria. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. If a DSL permit is obtained, the applicant shall be required to replant the area to be disturbed. The applicant shall obtain a DSL permit and demonstrate how this criteria shall be satisfied. All other sensitive lands requirements of this chapter have been met. The applicant shall demonstrate compliance with floodplain criteria. The provisions of Chapter 118.150, Tree Removal, shall be met. This criteria is satisfied as discussed in Section 18.150. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. The applicable policies are as follows: Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 10 OF 19 • • development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.). Policy 3.1.1 is satisfied as the applicant shall undertake all work within the wetlands, including mitigation, under the jurisdiction of the Division of State Lands. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Policy 3.2.1 shall be satisfied because the applicant has been conditioned to demonstrate that this proposal will not result in any rise in the elevation of the 100-year floodplain. Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway provided the land form alteration or development is in an area designated commercial or industrial on the Comprehensive Plan land use map. Policy 3.2.2 is partially satisfied as this proposal will not be within the floodway and because the applicant has been conditioned to demonstrate that development will preserve the function and maintenance of the zero-foot rise floodway. Policy 3.2.3 provides that the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway in accordance with the adopted pedestrian bicycle pathway plan. Policy 3.2.3 shall be satisfied as the applicant has been conditioned to demonstrate that there will be no impact on the floodplain. The applicant has also been conditioned to provide a 15-foot pedestrian pathway. Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within twenty five (25) feet of the designated wetlands area. Policy 3.2.4 is satisfied as this proposal is not within a wetland designated as significant on the floodplain and wetlands maps. Sensitive Lands- Floodplain: Chapter 18.84.040(A) states that the appropriate approval authority shall approve or approve with conditions an application request within the 100-year floodplain in Subsections 18.84.015(B) and (E) based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements, and other development unless certified by a registered professional engineer that the encroachment will not result in. any increase in flood levels during the base flood discharge. The applicant has not submitted a hydraulic analysis showing maintenance of the zero-foot rise floodway. The applicant's narrative states that there is no net change in the elevation of the floodplain, although documentation to this effect has not been provided. The narrative states that no fill is to be brought into, or any earth removed, from the sensitive lands area. The total volume of earth to be molded into the shape of the pond is no more that 78 cubic yards. While no fill is proposed, the design of the alteration must demonstrate compliance with this criteria. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 11 OF 19 • • Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The Comprehensive Plan designation for this parcel is I-L (Light Industrial). Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. The applicant has not provided an analysis that indicates maintenance of the zero-foot rise floodway. The applicant shall provide such an analysis, in compliance with this standard. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The applicant has been conditioned to provide a 15-foot access easement which is sufficient to provide for a pedestrian pathway in accordance with the pedestrian/bicycle pathway plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The applicant shall provide evidence that the proposed location of the pedestrian pathway will comply with this standard. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant has not obtained the applicable permit applications from the Army Corps of Engineers and Division of State Lands. The applicant shall obtain the necessary, applicable permits from the Division of State Lands and Army Corps of Engineers and shall provide the City of Tigard with a copy of those approved permits. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The City would welcome the voluntary dedication of the floodplain area by the applicant. Such a dedication would leave the City with the responsibility of flood control maintenance, as well as, maintaining this area in its natural state. Otherwise, the applicant shall provide deed restrictions which restrict use of this floodplain area, provides maintenance of the floodplain storage capacity and maintains the area in its natural state. The applicant has been conditioned to provide a 15-foot access easement which is sufficient to provide for a pedestrian pathway in accordance with the pedestrian/bicycle pathway plan. The Tigard Park Plan indicates that the floodplain area within this parcel is part of the proposed pedestrian pathway system. Such conditions must be roughly proportional to the impact of the use. In this case, the estimated value of an easement of sensitive lands is STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 12 OF 19 • • $3,200. This compares to an unmitigated impact of the development on the transportation system ranging conservatively from $74,648.00 or $72,240.00, according to the Larson methodology utilized in the Dolan findings (see the calculations indicated on the attached two (2) sheets entitled: FINDINGS - ROUGH PROPORTIONALITY exhibit/Pages 18 and 19 of this report). PUBLIC FACILITIES STREETS: This site lies adjacent to SW 74th Avenue which is classified as a local commercial and industrial street to be built within a 50-foot right-of-way (ROW). At present, the ROW width is 40 feet overall, with 20 feet each side of centerline. The applicant intends to dedicate additional ROW to provide a total of 25 feet from centerline to meet City standards. This street is paved but not to the full-width which is required for a local commercial and industrial street. The City has overlaid this roadway in the recent past and has deemed the existing road structure to be of adequate structural integrity. The applicant, in order to mitigate the traffic impact from their development, has already submitted construction plans for review and approval to install a half-street improvement adjacent to the site frontage. These plans are currently in review by the Engineering Department. Because the roadway structure is adequate, the applicant will be permitted to sawcut the existing edge of pavement and add on the necessary rock and pavement section width to meet the City standard. WATER: This site will be served from the City's public water system. There is an existing 12-inch water line in SW 74th Avenue that will adequately serve this development. The proposed water line connections shown on the applicant's plan will need to be reviewed and approved by the Engineering Department and Water Department prior to construction. SANITARY SEWER: There is an existing 8-inch public sanitary sewer line located in SW 74th Avenue. It appears that there is also an existing lateral provided to this site. The 8-inch main line will be adequate to serve this development. STORM DRAINAGE: There is no existing public storm drainage system in this area. The topography of the site falls to the south and west toward Fanno Creek, which is located along the westerly half of the site. The applicant's plan indicates that they will collect all of the site storm water, filter it through a water quality facility and discharge it into the existing wetland adjacent to the creek. This concept is acceptable, but Staff has a concern with the location of the water quality facility, which will be discussed in the next section. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 13 OF 18 • STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant intends to provide a water quality pond, and is proposing to locate it near the southwest corner of the property. However, the pond location will not be acceptable because it encroaches into the existing wetland. USA's design and construction standards state that a water quality facility shall not be located within a sensitive area; a wetland is considered a sensitive area. In addition, a water quality facility may only encroach into the wetland buffer by 10 feet. The applicant's plan shall be revised to comply with USA's design and construction standards. No site or building permit shall be issued until the plan has been revised and the water quality facility design and calculations have been approved by the Engineering Department. The proposed private water quality facility will require a special inspection, to be carried out by the developer's design engineer. Prior to final inspection for the site and/or the building, the design engineer shall provide certification to the Building Official that the water quality facility was constructed in accordance with the approved plan. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines adjacent to SW 74th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 14 OF 19 • • SECTION V: STAFF AND AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: Plans are not approved at this time. The applicant shall address the following plan notes and re-submit plans for review and approval: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one (1) or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of seven (7) feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background (UFC Sec. 901.4.5.(1)(2) & (3)). Fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one (1) inch wide by six (6) inches high (UFC Sec. 901.4.5.2). The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief (UFC Sec. 903.4.2.1). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 per square inch (psi). A worksheet for calculating the required fire flow is available form the Fire Marshal's office (UFC Sec. 903.3). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision (UFC Sec. 8704). Unified Sewerage Agency has reviewed the proposal and has offered' the following comments: Sanitary Sewer: The development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify sanitary sewer is available to up-hill adjacent properties, or extend service as required by R&O 96-44. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 15 OF 19 0 0 Storm Sewer: The development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. Water quality facilities may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. The current location for the water quality facility is not approved as it is totally within the wetlands and the 25-foot corridor. Division of State Lands: A Division of State Lands and Corps of Engineers permit will be required for any work in the wetlands or creek area. Floodplain: Site contains floodplain/floodway designations. Grading within the floodplain/floodway shall be done in such a manner as to preserve the flood storage and flood conveying area without effecting any upstream or downstream properties in accordance with R&O 96-44. Sensitive Area: A "Sensitive Area" exists. Developer must preserve a 25-foot corridor as described in R&O 96-44 separating the sensitive area from the impact of development. Fanno Creek wetland/sensitive area shall be identified on plans. The City of Tigard Water Department indicated the following: The applicant shall install RP (Reduced Pressure Principle) device on property (customer) side of meter; fire hydrant placement shall be within 250 feet of all portions of the buildings as measured through accessible roadways. The City of Tigard Building Division, City of Tigard Maintenance Services Division, and PGE have reviewed this application and have offered no comments or objections. PREPARED BY: William D'Andrea Associate Planner, AICP APPROVED BY: Richard Bewersdorff Planning Manager July 21. 1997 DATE July 21. 1997 DATE STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 16 OF 19 • • FINDINGS - ROUGH PROPORTIONALITY The following provides findings for the determination of the rough proportionality of a requirement for a pedestrian easement on sensitive land adjacent to the development of a 33,520 square foot industrial park at 15715 SW 74th Avenue (SDR 97-002/SLR 97-0003). A pedestrian way is shown on the City Comprehensive Plan Park Plan to follow Fanno Creek. Fanno Creek flows through the property to be developed under the above Site Development Review. Providing a pedestrian way will provide the potential linkage of this and adjacent properties to the partially constructed existing pedestrian system along Fanno Creek. The proposed industrial buildings will generate additional vehicle trips on the City's street system. The added trips will take up capacity on the City street system which must be accommodated by infrastructure improvements. Unmitigated Impact According to the Washington County TIF ordinance, 32 percent of a project's impacts are met by its TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June, 1995): According to the TIF Ordinance an Industrial Park Use has a traffic trip generation factor of 6.97 trips per 1,000 square feet of gross floor area. Because the applicant has proposed to develop 33, 520 square feet of Industrial Park space this new use would be expected to generate 234 vehicle trips per day. The site will receive a credit of ten (10) trips due to the existing residence. The industrial per trip TIF assessment is $172.00 according to the Washington County TIF ordinance. Using the above, the unmitigated impact of the Duncan Industrial Property is as follows: Full Impact Less TIF Assessment Unmitigated Impact Value of pedestrian mitigation 224 x $537.50 = $ 120,400 224 x $172.00 = $ 38.528 $ 81,872 The value of the mitigation of a pedestrian path can also be determined. In this case, it should be noted that only an easement is being required with the City having to construct the pathway at a later time. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 17 OF 19 According to the LUTRAQ study (The Pedestrian Environment December, 1993), increasing pedestrian trips reduces auto trips. LUTRAQ shows a Pedestrian Environmental Factor (PEF) for the Durham/74th area of four (4) to six (6). According to LUTRAQ, 94 percent of all trips are by auto in such an area. Increasing pedestrian trips by a pathway would increase the PEF. LUTRAQ also indicates that construction of a pedestrian friendly environment will result in system wide improvements of ten (10) percent. Conservatively, the reduction of reliance on the auto in the area of this development could range from six (6) to eight (8) percent. This yields a mitigation value as follows: 224 trips x .06 x $537.50= $7,224 to 224 trips x .08 x $537.50 = $9,632 These figures would reduce the unmitigated impact to $74,648. or $72,240. depending on the use of six (6) or eight (8) percent. Estimated property value The value of the land needed for a 15-foot-wide easement for a pedestrian path is approximately $3,200. This is determined by a need of approximately 6,900 (460 feet x 15 feet) square feet, based on the approximate length of a pathway through the property. According to the City of Tigard Park and Recreation Facilities System Development Charge Study (Draggo, November, 1994), the value of an acre of Sensitive Land is $20,000. per acre. The 6,900 square feet needed for the pathway is approximately .16 acres. The value of this area is approximately $3,200. Conclusion The unmitigated impact of the 33,520 square foot industrial park is roughly $74,648. or $72,240., compared to an estimated value of the easement of $3,200 indicates that the unmitigated impact is much greater than the value of the easement. Therefore, the requirement of an easement for a pathway more than meets the rough proportionality test. i s \c u rp I n \w i t 1\s d r97-02. d e c 21-Jul-97 STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 18 OF 19 , • • Agenda Item: 2.1 Hearing Date: July 28.1997 Time: 7:00 PM SECTION I: APPLICATION SUMMARY CASES: FILE NAME: 74TH AVENUE INDUSTRIAL PARK Site Development Review SDR 97-0002 Sensitive Lands Review SLR 97-0003 PROPOSAL: The applicant has requested the following development applications: 1. Site Development Review approval to allow the construction of a six (6) building, 33,520 square foot industrial park; and 2. Sensitive Lands Review to allow land form alterations within the 100-year floodplain and wetlands. OWNER: Jim Castile APPLICANT: Same 8100 SW Durham Road Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: I-P (Industrial Park) The Industrial Park zoning 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. LOCATION: 15715 SW 74th Avenue; WCTM 2S112DC, Tax Lot 01500. The site is located north of SW Durham Road, on the west side of SW 74th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.68, 18.84, 18.100, 18.102, 18.106, 18.108, 18.120, 18.150 and 18.164. SECTION II: STAFF RECOMMENDATION StafF recommends that the Hearings Officer find that the proposed development will not. :adversely affect the 'health, safety and welfare of the City. Therefore, staff recommends :APPROVAL, subject to the.following recommended conditions of approval: STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 1 OF 18 • • 1. Prior to issuance of a site and/or building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate 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. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Additional right-of-way shall be dedicated to the Public along the frontage of SW 74th Avenue to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 4. The applicant shall construct standard half-street improvements along the frontage of SW 74th Avenue. The improvements adjacent to this site shall include: a) City standard pavement section from curb to centerline equal to 17 feet; b) pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; c) curb; d) storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; e) 5 foot concrete sidewalk; f) street striping; g) streetlights as determined by the City Engineer; h) underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); i) driveway apron; and j) adjustments in vertical and/or horizontal alignment to construct SW 74th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 74th Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 2 OF 18 CONDITIONS OF APPROVAL 6. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site and/or building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 7. Prior to issuance of the site and/or building permit, the applicant's plan shall be revised to show that the water quality facility location will comply with USA's design and construction standards. The water quality facility shall not be located within a sensitive area and will only be allowed to encroach into the sensitive area buffer by ten (10) feet. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 9. The applicant shall grant a 15 foot access easement to the City for the purposes of providing a pedestrian/bicycle pathway. The proposed easement shall be located in an area that will require the least amount of impact to the wetland area. The easement shall comply with R&O 96-44 regulations concerning vegetated corridors. The easement may be located within the 100-year floodplain but located to avoid the wetland area. If it is not feasible to locate the easement below the bank adjacent to building G, or if the City determines that any proposed impact to the wetland area is unacceptable, the applicant shall locate the easement on the top of the bank. This location would require a revision to the site plan. Building permits shall not be issued until resolution of the easement location. 10. Provide deed restrictions which restrict use of this floodplain area, provides maintenance of the floodplain storage capacity and maintains the area in its natural state. Alternatively, the applicant may dedicate land within the 100-year floodplain to the City. 11. Revised site and landscaping plans shall be submitted for review by the Planning Division. STAFF CONTACT: Will D'Andrea (503-639-4171). The revised plans shall include the following: a) parking lot trees that provide for the required canopy effect with one (1) tree for each seven (7) parking spaces; and b) written sign-off from the hauler regarding the compatibility and location of the trash enclosure facility. 12. The applicant shall obtain the necessary, applicable permits from the Division of State Lands (DSL) and Army Corps of Engineers or documentation that such permits are not required. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 3 OF 18 • • 13. Provide findings to be submitted for Hearing's Officer review that demonstrate compliance with Sections 18.84040(A) and 18.84.040(D), floodplain and wetland approval criteria. 14. Plans approved by Tualatin Valley Fire and Rescue. AGENCY CONTACT: Gene Birchill. 15. Prior to a final building inspection, the applicant shall complete the required public improvements. 16. Prior to a final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: a) mylars, and b) a diskette of the as-builts in "DWG" format, if available, otherwise; "DXF" will be acceptable. NOTE: if the public improvement drawings were hand-drawn, a diskette is not required. 17. Prior to final inspection for the site and/or the building, the design engineer shall provide certification to the Building Official that the private water quality facility was constructed in accordance with the approved plan. STAFF CONTACT: David Scott, 639-4171, ext. 311. 18. Prior to final inspection of the building(s), the applicant shall either place the existing overhead utility lines along SW 74th Avenue underground as a part of this project or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. 19. All site improvements shall be installed as per the approved revised site plans. STAFF CONTACT: William D'Andrea, Planning Division. SECTION III: BACKGROUND INFORMATION Site History, No development applications were found to have been filed with the City. Vicinity Information: Property to the north and south are zoned Industrial Park; I-P. Property to the west is zoned Residential, 7 units per acre; R-7. The area is predominantly developed with industrial uses. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 4 OF 18 0 0 Site Information and Proposal Description: The subject site contains approximately 5.55 acres and is developed with a single-family residence. The western portion of the site contains both floodplain and wetland areas. The applicant is proposing to develop 2.63 acres of the site. The applicant has requested approval of the following development applications: 1. Site Development Review approval to allow the construction of a six (6) building, 33,520 square foot industrial park; and 2. Sensitive Lands Review to allow land form alterations within the 100-year floodplain and wetlands. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Studv: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has not submitted an impact study that specifically quantified the impacts of this development on public facilities and systems. The applicant's narrative did address, generally, the potential number of trips expected and the adequacy of storm and sewer. The City has conducted a rough proportionality analysis to address the requirement of a pedestrian easement. This analysis is provided at the end of this report. Use Classification: The applicant is proposing to build an industrial park to provide rental space for small, incubator type businesses. Sheet 2.1, of the preliminary plan submittal package, shows the floor plans provide for warehouse, manufacturing, and office space. Section 18.68.030 lists manufacturing and wholesale, storage, and distribution as permitted uses in the I-P zone. Future tenants of this industrial park will have to comply with the permitted uses listed in this zone. Dimensional Requirements: Section 18.68.050 states that there is no minimum lot area and the average minimum lot width is 50 feet. Developments are required to provide a minimum of 25% landscaping. The site has a width of approximately 360 feet, STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 5 OF 18 thereby, exceeding the required minimum lot width requirement. The total area of the site is approximately 5.55 acres. The applicant is proposing to develop 2.63 acres (114,295 square feet). The applicant is proposing approximately 30,913 square feet, or 27% of the developed portion of the site for landscaping. The proposal, therefore, is providing landscape (non-impervious surface) area well in excess of the minimum required. Setbacks: Section 18.68.050 states that the front yard setback shall be a minimum of 35 feet and there is no side, or rear yard setback is required except 50 feet shall be required where the zone abuts a residential zoning district. The maximum building heights is 45 feet. As indicated on the site plan, the front yard setback is 35 feet. Side and rear yard setbacks are not applicable as the site does not abut a residential zone. The applicant is proposing a building height of 20 feet, well under the maximum 45 feet allowed. Site Development Review - Approval Standards: Section 18.120.180(A)(1) 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 18.100, 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 18.80 (Planned Developments), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 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. 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 Outdoor Recreation Areas: Residential Use), 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.A.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The proposed plan will retain the three (3) trees identified on the property. The applicant is proposing a water quality facility within the 100-year floodplain and wetland area. The applicant will be required to provide the necessary Division of State Lands and Army Corps of Engineers permits to allow such work in these areas. Buffering. Screening and Compatibility between adjoining uses: Section 18.120.180.A.4 states that buffering shall be provided between different types of land uses. This criteria is not applicable as this proposal does not abut a use that requires buffering in accordance with the Buffer Matrix (18.100.130). STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 6 OF 18 • Section 18.120.180.A.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. As indicated on the site plan, parking and storage areas shall be screened from adjoining properties. Pedestrian Pathway: Section 18.120.180.A.8 states that where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian / bicycle pathway within the floodplain in accordance with the adopted pedestrian / bicycle plan. The proposed plan does not show the provision of a pedestrian pathway nor does the applicant's narrative provide findings that demonstrate compliance with this standard. The applicant is, therefore conditioned to provide a 15-foot-wide easement in accordance with this criteria. The City is concerned with the impact of a proposed pathway on the existing wetlands, identified in the applicant's wetland determination and delineation submitted with the application. The proposed easement shall be located in an area that will require the least amount of impact to the wetland area. The easement shall comply with R&O 96-44 regulations concerning vegetated corridors. The easement may be located within the 100-year floodplain, but located to avoid the wetland area. If it is not feasible to locate the easement below the bank adjacent to building G, or if the City determines that any proposed impact to the wetland area is unacceptable, the applicant shall locate the easement on the top of the bank. This location would require a revision to the site plan. A condition shall be required that states that building permits shall not be issued until resolution of the easement location. Crime Prevention and Safety: Section 18.120.180.10 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. The City of Tigard Police Department has reviewed the applicant's plan and has no comments or objections to the plan, thereby, satisfying this criteria. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type, and location of trees and shrubs. Street rees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 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 plan shows the provision of "Chanticleer Flowering Pear" trees, spaced approximately 30 feet, in compliance with this section. Screening: Special Provisions: Section 18.100.110(A) 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 (1) tree for each seven (7) STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 7 OF 18 i • parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, screening has not been provided in accordance with this section. A revised plan shall be submitted that provides for the required canopy effect with one (1) tree for each seven (7) parking spaces. Visual Clearance Areas: Section 18.102 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 (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) 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 (2), 30-foot distance points with a straight line. As indicated on the site plan, vision clearance will be provided in accordance with this section. Minimum Off-Street Parking: Section 18.106.030.(D)(2) requires a minimum of one (1) parking space per 1000 square feet gross floor area within warehouse (plus 1 space per 700 square feet of patron serving area and 1 space per 200 square feet of office area) for Wholesaling, storage, and distribution. There is approximately 28,322 square feet of warehouse space with approximately 4,702 square feet of office space. The amount of parking required for this amount of square footage is 53 parking spaces. The plan shows the provision of 58 parking spaces, thereby, satisfying this criteria. The Americans with Disabilities Act (AM: Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 3 disabled parking spaces if 51 to 75 parking spaces are provided. The plan shows the provision of three (3) disabled parking spaces, satisfying this criteria. Bicycle Parking: Section 18.106.020(P) requires one (1) 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. Four (4) bicycle parking spaces are required for this development. The plan notes that eight (8) bicycle parking spaces are provided, thereby, satisfying this criteria. The plan shows that these spaces will be located in two (2) locations. Access: Section 18.108.080 requires that commercial and industrial uses which require less than 100 parking spaces provide one (1) access with a minimum width of 30 feet and a minimum pavement width of 24 feet. This criteria is satisfied as the preliminary plan shows the provision of two (2), twenty-four (24)-foot access drives on SW 74th Avenue. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 8 OF 18 • • Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Unless impractical, walkways should be constructed between a new development and neighboring developments. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The proposed site plan shows the provision of four (4) walkway connections to SW 74th Avenue, thereby, satisfying this criteria. Mixed Solid Waste and Recyclables Storage: Section 18.116 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 must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. The plans show the provision of a trash enclosure. The applicant shall provide a written sign-off from the hauler regarding the location and compatibility of this facility. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This section requires a program to save existing trees or mitigate tree removal for trees over 12 inches in caliper. The applicant has provided a plan that identified three (3) trees greater than 12-inch caliper. The proposed plan will be retaining these trees. Since the applicant is retaining more than 75 percent of the trees, Section 18.150.025(6)(2)(d) requires no mitigation. Signs: Section 18.114.130(F) lists the type of allowable signs and sign area permitted in the I-P Zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Development Services Technicians. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 9 OF 18 0 • Sensitive Lands- Wetlands: Chapter 18.84.040(D) states that the appropriate approval authority shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all -of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. This criteria is satisfied as this wetland is not designated as a significant wetland on the Comprehensive Plan Floodplain and Wetland Map. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The applicant has not demonstrated the need for the proposed location of the water quality facility or that the site disturbances are the minimum necessary to accommodate the facility. The applicant has not addressed compliance with R&O 96-44 or provided evidence that a fill permit from Division of State Lands has been obtained. The applicant shall submit evidence of a DSL fill permit and an explanation of the need to locate the facility within the wetland area. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. To fill wetland area, a Division of State Lands fill permit will be required. Mitigation associated with filling of wetland areas is required as part of the DSL fill permit. The applicant has not obtained a fill permit. The applicant shall obtain a DSL permit and demonstrate compliance with this criteria. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. If a DSL permit is obtained, the applicant shall be required to replant the area to be disturbed. The applicant shall obtain a DSL permit and demonstrate how this criteria shall be satisfied. All other sensitive lands requirements of this chapter have been met. The applicant shall demonstrate compliance with floodplain criteria. The provisions of Chapter 118.150, Tree Removal, shall be met. This criteria is satisfied as discussed in Section 18.150. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. The applicable policies are as follows: Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 10 OF 18 • • development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.). Policy 31.1 is satisfied as the applicant shall undertake all work within the wetlands, including mitigation, under the jurisdiction of the Division of State Lands. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Policy 3.2.1 shall be satisfied because the applicant has been conditioned to demonstrate that this proposal will not result in any rise in the elevation of the 100-year floodplain. Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway provided the land form alteration or development is in an area designated commercial or industrial on the Comprehensive Plan land use map. Policy 3.2.2 is partially satisfied as this proposal will not be within the floodway and because the applicant has been conditioned to demonstrate that development will preserve the function and maintenance of the zero-foot rise floodway. Policy 3.2.3 provides that the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway in accordance with the adopted pedestrian bicycle pathway plan. Policy 3.2.3 shall be satisfied as the applicant has been conditioned to demonstrate that there will be no impact on the floodplain. The applicant has also been conditioned to provide a 15-foot pedestrian pathway. Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within twenty five (25) feet of the designated wetlands area. Policy 3.2.4 is satisfied as this proposal is not within a wetland designated as significant on the floodplain and wetlands maps. Sensitive Lands- Floodplain: Chapter 18.84.040(A) states that the appropriate approval authority shall approve or approve with conditions an application request within the 100-year floodplain in Subsections 18.84.015(6) and (E) based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements, and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge. The applicant has not submitted a hydraulic analysis showing maintenance of the zero-foot rise floodway. The applicant's narrative states that there is no net change in the elevation of the floodplain, although documentation to this effect has not been provided. The narrative states that no fill is to be brought into, or any earth removed, from the sensitive lands area. The total volume of earth to be molded into the shape of the pond is no more that 78 cubic yards. While no fill is proposed, the design of the alteration must demonstrate compliance with this criteria. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 11 OF 18 • • Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The Comprehensive Plan designation for this parcel is I-L (Light Industrial). Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. The applicant has not provided an analysis that indicates maintenance of the zero-foot rise floodway. The applicant shall provide such an analysis, in compliance with this standard. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The applicant has been conditioned to provide a 15-foot access easement which is sufficient to provide for a pedestrian pathway in accordance with the pedestrian/bicycle pathway plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The applicant shall provide evidence that the proposed location of the pedestrian pathway will comply with this standard. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant has not obtained the applicable permit applications from the Army Corps of Engineers and Division of State Lands. The applicant shall obtain the necessary, applicable permits from the Division of State Lands and Army Corps of Engineers and shall provide the City of Tigard with a copy of those approved permits. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The City would welcome the voluntary dedication of the floodplain area by the applicant. Such a dedication would leave the City with the responsibility of flood control maintenance, as well as, maintaining this area in its natural state. Otherwise, the applicant shall provide deed restrictions which restrict use of this floodplain area, provides maintenance of the floodplain storage capacity and maintains the area in its natural state. The applicant has been conditioned to provide a 15-foot access easement which is sufficient to provide for a pedestrian pathway in accordance with the pedestrian/bicycle pathway plan. The Tigard Park Plan indicates that the floodplain area within this parcel is part of the proposed pedestrian pathway system. Such conditions must be roughly proportional to the impact of the use. In this case, the estimated value of an easement of sensitive lands is STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 12 OF 18 • • $3,200. This compares to an unmitigated impact of the development on the transportation system ranging conservatively from $74,648.00 or $72,240.00, according to the Larson methodology utilized in the Dolan findings (see the calculations indicated on the attached two (2) sheets entitled: FINDINGS - ROUGH PROPORTIONALITY exhibit/Pages 18 and 19 of this report). PUBLIC FACILITIES STREETS: This site lies adjacent to SW 74th Avenue which is classified as a local commercial and industrial street to be built within a 50-foot right-of-way (ROW). At present, the ROW width is 40 feet overall, with 20 feet each side of centerline. The applicant intends to dedicate additional ROW to provide a total of 25 feet from centerline to meet City standards. This street is paved but not to the full-width which is required for a local commercial and industrial street. The City has overlaid this roadway in the recent past and has deemed the existing road structure to be of adequate structural integrity. The applicant, in order to mitigate the traffic impact from their development, has already submitted construction plans for review and approval to install a half-street improvement adjacent to the site frontage. These plans are currently in review by the Engineering Department. Because the roadway structure is adequate, the applicant will be permitted to sawcut the existing edge of pavement and add on the necessary rock and pavement section width to meet the City standard. WATER: This site will be served from the City's public water system. There is an existing 12-inch water line in SW 74th Avenue that will adequately serve this development. The proposed water line connections shown on the applicant's plan will need to be reviewed and approved by the Engineering Department and Water Department prior to construction. SANITARY SEWER: There is an existing 8-inch public sanitary sewer line located in SW 74th Avenue. It appears that there is also an existing lateral provided to this site. The 8-inch main line will be adequate to serve this development. STORM DRAINAGE: There is no existing public storm drainage system in this area. The topography of the site falls to the south and west toward Fanno Creek, which is located along the westerly half of the site. The applicant's plan indicates that they will collect all of the site storm water, filter it through a water quality facility and discharge it into the existing wetland adjacent to the creek. This concept is acceptable, but Staff has a concern with the location of the water quality facility, which will be discussed in the next section. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 13 OF 18 STORM WATER QUALITY: E The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a site and/or building permit the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant intends to provide a water quality pond, and is proposing to locate it near the southwest corner of the property. However, the pond location will not be acceptable because it encroaches into the existing wetland. USA's design and construction standards state that a water quality facility shall not be located within a sensitive area; a wetland is considered a sensitive area. In addition, a water quality facility may only encroach into the wetland buffer. by 10 feet. The applicant's plan shall be revised to comply with USA's design and construction standards. No site or building permit shall be issued until the plan has been revised and the water quality facility design and calculations have been approved by the Engineering Department. The proposed private water quality facility will require a special inspection, to be carried out by the developer's design engineer. Prior to final inspection for the site and/or the building, the design engineer shall provide certification to the Building Official that the water quality facility was constructed in accordance with the approved plan. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines adjacent to SW 74th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 14 OF 18 SECTION V• STAFF AND AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: Plans are not approved at this time. The applicant shall address the following plan notes and re-submit plans for review and approval: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one (1) or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of seven (7) feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background (UFC Sec. 901.4.5.(1)(2) & (3)). Fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one (1) inch wide by six (6) inches high (UFC Sec. 901.4.5.2). The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief (UFC Sec. 903.4.2.1). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 per square inch (psi). A worksheet for calculating the required fire flow is available form the Fire Marshal's office (UFC Sec. 903.3). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision (UFC Sec. 8704). Unified Sewerage Agency has reviewed the proposal and has offered the following comments: Sanitary Sewer: The development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify sanitary sewer is available to up-hill adjacent properties, or extend service as required by R&O 96-44. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 15 OF 18 Storm Sewer: The development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. Water quality facilities may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. The current location for the water quality facility is not approved as it is totally within the wetlands and the 25-foot corridor. Division of State Lands: A Division of State Lands and Corps of Engineers permit will be required for any work in the wetlands or creek area. Floodplain: Site contains flood plain/floodway designations. Grading within the floodplain/floodway shall be done in such a manner as to preserve the flood storage and flood conveying area without effecting any upstream or downstream properties in accordance with R&O 96-44. Sensitive Area: A "Sensitive Area" exists. Developer must preserve a 25-foot corridor as described in R&O 96-44 separating the sensitive area from the impact of development. Fanno Creek wetland/sensitive area shall be identified on plans. The City of Tigard Water Department indicated the following: The applicant shall install RP (Reduced Pressure Principle) device on property (customer) side of meter; fire hydrant placement shall be within 250 feet of all portions of the buildings as measured through accessible roadways. The City of Tigard Building Division, City of Tigard Maintenance Services Division, and PGE have reviewed this application and have offered no comments or objections. PREPARED BY: William D'Andrea Associate Planner, AICP APPROVED BY: Richard Bewersdorff Planning Manager July 21. 1997 DATE July 21. 1997 DATE STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 16 Or 1 d • FINDINGS - ROUGH PROPORTIONALITY The following provides findings for the determination of the rough proportionality of a requirement for a pedestrian easement on sensitive land adjacent to the development of a 33,520 square foot industrial park at 15715 SW 74th Avenue (SDR 97-002/SLR 97-0003). A pedestrian way is shown on the City Comprehensive Plan Park Plan to follow Fanno Creek. Fanno Creek flows through the property to be developed under the above Site Development Review. Providing a pedestrian way will provide the potential linkage of this and adjacent properties to the partially constructed existing pedestrian system along Fanno Creek. The proposed industrial buildings will generate additional vehicle trips on the City's street system. The added trips will take up capacity on the City street system which must be accommodated by infrastructure improvements. Unmitigated Impact According to the Washington County TIF ordinance, 32 percent of a project's impacts are met by its TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June, 1995): According to the TIF Ordinance an Industrial Park Use has a traffic trip generation factor of 6.97 trips per 1,000 square feet of gross floor area. Because the applicant has proposed to develop 33, 520 square feet of Industrial Park space this new use would be expected to generate 234 vehicle trips per day. The site will receive a credit of ten (10) trips due to the existing residence. The industrial per trip TIF assessment is $172.00 according to the Washington County TIF ordinance. Using the above, the unmitigated impact of the Duncan Industrial Property is as follows: Full Impact Less TIF Assessment Unmitigated Impact Value of pedestrian mitigation 224 x $537.50 = $ 120,400 224 x $172.00 = $ 38,528 $ 81,872 The value of the mitigation of a pedestrian path can also be determined. In this case, it should be noted that only an easement is being required with the City having to construct the pathway at a later time. STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 17 OF 18 • • According to the LUTRAQ study (The Pedestrian Environment December, 1993), increasing pedestrian trips reduces auto trips. LUTRAQ shows a Pedestrian Environmental Factor (PEF) for the Durham/74th area of four (4) to six (6). According to LUTRAQ, 94 percent of all trips are by auto in such an area. Increasing pedestrian trips by a pathway would increase the PEF. LUTRAQ also indicates that construction of a pedestrian friendly environment will result in systemwide improvements of ten (10) percent. Conservatively, the reduction of reliance on the auto in the area of this development could range from six (6) to eight (8) percent. This yields a mitigation value as follows: 224 trips x .06 x $537.50= $7,224 to 224 trips x .08 x $537.50 = $9,632 These figures would reduce the unmitigated impact to $74,648. or $72,240. depending on the use of six (6) or eight (8) percent. Estimated proper value The value of the land needed for a 15-foot-wide easement for a pedestrian path is approximately $3,200. This is determined by a need of approximately 6,900 (460 feet x 15 feet) square feet, based on the approximate length of a pathway through the property. According to the City of Tigard Park and Recreation Facilities System Development Charge Study (Draggo, November, 1994), the value of an acre of Sensitive Land is $20,000. per acre. The 6,900 square feet needed for the pathway is approximately .16 acres. The value of this area is approximately $3,200. Conclusion The unmitigated impact of the 33,520 square foot industrial park is roughly $74,648. or $72,240., compared to an estimated value of the easement of $3,200 indicates that the unmitigated impact is much greater than the value of the easement. Therefore, the requirement of an easement for a pathway more than meets the rough proportionality test. hcurp1n\w1II\sd r97-02.dec 28-Jul-97 STAFF REPORT TO THE HEARING'S OFFICER SDR 97-0002/SLR 97-0003 - 74TH AVENUE INDUSTRIAL PK. PAGE 18 OF 18 • MA N011 W MttOM 1 0141 ?. 1/.1.7N1. ` ti • t?? • ` \ \ ` F, ••IIP'll-I. '1-?' ' Tf'!T \ a v1 flt P Hill 111F I 1 , ,Yw?••• ? • • \ ?\ • ???I Iff +fl+lgllll I I .'?I. ? ?A? • .,?. M .?U I •\J ? `?I ??1+?\?I I I ( :m?q -i-- • r_1 - J1 _ 6 l AMR LaNG 'a /.' ?\? `? ti- _ _ _ ' "' IOW f? ? \ ••• I Tr rp -Y 4 UlLmo r ?"?^( I I..\'r 1}Jlt1?_, .. ???1'. _,V1IL .•.?\. •,?.? IJ.n('l\A?.•_.. ? •'•'•,• I / /, f r I I • ? ? ? ? I ? • ? ?? ? 'MV .J..LJJ.I-.L...Ja VJ•?•I ^- / f I + I I I Ir\ ?'? w 1"A" 1 I I + I I j Ir Ir I ? I I f r i l l I II i I I r i l + I f l ? ? ? i l l l r f f l l 1 1 V\ vy- O In C CD ICD C is I I 1 ? I WE PLAN SITE PLAN 1 EXHIBIT MAP Z 0 V Z z z Q iii 0 tQ V LL 0 V CASE NQS. SOB 91-0002/SLR 91-0003 14TH AVENUE INDUSTRIAL PARK Vicinity map Note: Map is not to scale B! C? U " SOB 91-0002 A 14th Avenue Industrial Party I CU O r) C' C CT n CU i O U? Wetland Determination and Delineation for the S.W. 74th Avenue Industrial Park Development in Tigard, Oregon r j: -ikJ Y yrotatted Industrial ,. 'a?. •?. / level ment i ?e ?• ?? w`?( / te: \:_-, •:-, i.? i`; ? .••3 r v c y ' - ? ??>?... • • . .. • • 1 ?; 141 . ? •. . J- / . yam ..c- 7l ,? A,.. [ . :+ HEN ?d :: u 1 } h Ilk 57!U. 9 7971023 3126197 Prepared for Nicoii Engineering Prepared by SRI/SHAPIRO/AGCO, Inc. i`. 2 V March 26 1997 Wetland Determination and Delineation for the ' S.W. 74th Avenue Industrial Park Development ' in Tigard, Oregon Prepared for James Andrews Nicoli Engineering 9025 Southwest Centers Tigard, Oregon 97223 Prepared by Colin, MacLaren SRI/SHAPIRO/AGCO, Inc. 1650 N.W. Front Avenue, Suite 302 Portland, Oregon 97209 SRIISHAPIRO/AGCO Project 47971023 March 26, 1997