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DIR1990-00003 DATE: 6/5/1990 2 -/-) 4> CODE SECTIONS: [TOPIC: Development Approvals Prior to Annexation INTERPRETATION: The City would honor any valid development approvals following annexation. Since the Urban Planning Area Agreement, Comprehensive Plan, and Community Development Code are not completely clear on this issue, the City Attorney recommends that some portion of the project (e.g.. site grading, curb cut) begin prior to annexation in order to have a stronger legal position in the event this interpretation is challenged. Upon annexation, the City would apply the Comprehensive Plan and zoning designations which would most closely resemble the present Washington County designations. The Commercial Professional and Low Density Residential Plan designations and corresponding C -P and R-4.5 zones would be applied following annexation. Although the section of the parking lot in the residential zone could be constructed in accordance with the County approval, the City Code does not allow commercial lots in residential zones and therefore, this portion of the lot would be considered a nonconforming use. . . / 4Vene 5, 1990 j :,414 Oiiq. Lans Stout CITY OF TIFA RD MacKenzie /Saito and Assoc. / V je/010 0690 S.W. Bancroft Street OREGON Portland, OR 97201 -0039 Y : RE: Franklin Commons 1 st, -3 - Dear Lans: I have reviewed your letter dated May , 1990 regarding the above development located on the southeast corner of S. . Hall Blvd. and S.W. Greenburg Road in Tigard. The existing office complex is within the City, but the developer recently received a Development Review and Special Use Permit (Wa. Co. File No. 88- 338D /SU /V) to expand the project onto adjacent property to the east which is under Washington County jurisdiction and is zoned Office Commercial and R -5 (Single family residential). ,' he question you pose is whether the City would recognize this approval if t €i 1.. y is annexed and developed in the City. "Tim Ramis, the City Attorney, o'" . d I agree that the City would honor s• valid development approvals following annexation. Since the Urban Planning Area Agreement, Comprehensive Plan, an .mmunity Development Code are not completely clear on this issue, Tim S ecommends that some portion of the project (eg. site grading, curb cut) begin prior to annexation in order to have a stronger legal position in the event 1 + this interpretation is challenged. /pan annexation, the City would apply the Comprehensive Plan and zoning M designations which most closely resemble the present Washington County designations. The Commercial Professional and Low Density Residential Plan designations and corresponding C-P and R -4.5 zones would be applied following annexation. Although the section of the parking lot in the residential zone could be constructed in accordance with the County approval, the City Code does not allow commercial lots in residential zones and therefore, this portion of the lot would be considered a nonconforming use. Please contact me if I can be of any further assistance. Since ely, Keith S. Liden Senior Planner c: Tim Ramis Director's interp. file FRANKLIN/k1 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 MACKENZIL,- ,,AITO &ASSOCIATES, P.C. ARCHITECTURE, PLANNING, INTERIOR DESIGN 0690 S.W. BANCROFT ST. • P.0. BOX 69039 PORTLAND, OREGON 97201 -0039 • (503) 224 -9560 • FAX (503) 228 -1285 May 8, 1990 !� "►AY 9 1990 City of Tigard Attention: Keith Liden, Senior Planner 13125 S.W. Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 Re: Franklin Commons Project Number 288181.05 jiear =Kellt R Some time ago, you and I discussed the Franklin Commons project, located at the southeast corner of S.W. Hall Blvd. and S.W. Greenburg Road. The existing, developed site is within the City of Tigard, while a future phase area to the east is outside of the City. Washington County approved the future phase plans in 1989 (County File 88- 338D /SU /V). The approvals included Development Review and a Special Use Permit. The portion of the site fronting on S.W. Hall Blvd. is zoned Office Commercial and is the future building site, while the portion of the site to the south is zoned R -5 and will be used for parking. The Special Use Permit allows parking in the R -5 zone. A number of conditions were attached to these approvals, all of which either have been or will be met by the project. The owners of the project are considering annexation to Tigard to simplify the jurisdictional issues at the time of construction. However, for this to be possible, it is essential that (after annexation) the County approvals will be recognized by the City and will be valid for construction and operation of the project. We anticipate commencing work on the project prior to expiration of the County approval, and consistent with the conditions that were applied. I would appreciate your confirmation that the City will recognize the approvals, as noted above, so that the owners can commence with the annexation process. You may wish to review this with Tim Ramis, with whom I have also briefly discussed this issue. Thank you for your assistance. Sincerely, Lans Stout LS /ksc Enclosure: County Notice of Decision cc: Mike McKenna - SimmCo Properties 90 -05 \88181.05 \08L1.ksc ' CASE FILE NO: 38- 338 -D /SU/ ,,..a N. ?' WASHINGTON COUNTY DEPARTMENT Of LAND USE n,.0 TRANSPORTATION .� LAND DEVELOPMENT SERVICES DN181ON APPLICANT: 1b0 NORTH FIRST AVENUE Simmco Properties HILL880RO, OREGON 97124 848-8761 P.0. Box 4162 Portland. OR 97208 NOTICE OF DECISION OWNER: Clell & Marcia Clifton /William Reed 1510 Cherry Crest Dr. 9560 SW Imoe -ial Dr. Lake Oswego, OR 97033 Portland. OR 97225 PROCEDURE TYPE: III PROPERTY DESCRIPTION: COMMUNITY CPO 4 PLAN: Metzger /Progress ASSESSOR MAP NO.: 1S1 26DB TAX LOT NO(S) : 1 100 & 1200 LAND USE BITE SIZE: 2.01 Acres DISTRICT(8): R -5 (Residential 5 Units /Acre) • :ADDRESS: OC (Office Commercial) LOCATIOnt On the south side of Hall Blvd.. approximately 350' west of its intersec- tion with SW 91st Avenue. PROPO8EDDEVELOPMENT ACTION: Development Review for an Office Building, Special Use Approval for Parking not in conjunction with an Allowed Use, & Variance to Sidewalk Standard APPEAL AREA MAP PERIOD: 2/10/89 To 2/24/89 5:00 P.M. _ MAILED DATE APPEAL. DUE DATE " '` � -1 i �,. Ir • I i N/ A SUMMARY OF THE DECISION OF THE REVEW ' 1 i I -1 :� p�a ` SO AUTHORITY IS ON THE REVERSE SO OF TH18 NOTICE a ....•. 7-- '�i lI i _ I - r ; i// THIS DECISION MAY BE APPEALED AND A PUBLIC HEARING G y \\ HELD BY FILING A PETITION FOR REVEW (APPEAL) WHIN I \' Z IT \ \ ' 14 CALENDAR DAYS OF THE DATE THIS NOTICE WAS 1 ;`� \ PROVIDED. ONLY THOSE PERSONS WHO MADE AN 1 \ ✓\ i - 2 APPE OF RECORD (INCLUDING SUBMISSION OF 7 . I ^ " WRITTEN COMMENTS OR TESTIMONY) ARE ENTITLED TO l'.141 — � , . ' ■ =`: = - FILE A PETITION FOR REVEW (APPEAL) OF THE DECISION. j'. 1 -- A MOTION FOR RECONSIDERATION MAY BE FILED BUT 1 — 7") , • i DOES NOT STOP THE APPEAL PERIOD FROM RUNNING AND ! ,_�1 i� i , i _' : /;- IS AVAILABLE ONLY AS AN EXTRAORDINARY REMEDY WHEN A MISTAKE OF LAW OR FACT HAS OCCURRED. j 1: �'�L -='— / ' THIS DECISION WILL BE FINAL F NO APPEAL IS FILED BY t '�\ � IE / THE DUE DATE AND A MOTION FOR RECONSIDERATION I 1 _ 17 7_ 1 . - L - 2-- , 777 - 1 1 :_ ;T1 , , , 1 IS NOT GRANTED BY THE REVEW AUTHORITY. 1 — \ THE COMPLETE APPLICATION, Re STANDARDS; o . • RECORD OF THE PROCEEDINGS, F ND iS: FOR *HE i \ i .. i o 1 , i :� -- ! ! ' i 1 1 1/ , / i DECISION AND DECISION ARE AVAILABLE AT THE COUTY I j ; I I i ; i 1: I ; T; 1 1 1 r ' FOR REVIEW. — F. �' `- i ;j i i 9 - � II SUBJECT PROPERTY FOR FURTHER INFORMATION ON APPEALS . . NOTICE TO MORTGAGEE, LIENHOLDER, OR RECONSIDERATION, CONTACT - . .VENDOR OR SELLER: APPEAL SECRETARY THE WASHINGTON COUNTY COMMUNITY DEVELOPMENT AT THE WASHINGTON COUNTY DEPARTMENT OF LAND CODE REQUIRES THAT F YOU RECENE THIS NOTICE. USE AND TRANSPORTATION. PHONE 848 -8761. IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. 2/86 . ` Notice of Decision ' - 338- D /SU /V February 9, 1989 _ , - • Page 2 CASE FILE NUMBER 88- 338- D /SU /V SUMMARY OF DECISION The Washington County Hearings Officer submitted a written "Findings, Conclusion and Order" (Attachment "A "), dated February 9, 1989, to your request for Development Review for an Office Building, Special Use Approval for Parking not in conjunction with an Allowed Use, and Variance to Sidewalk Standard, on property described as Tax Lots 1100 and 1200 on Tax Map 1S1 26DB, W.M., Washington County, Oregon. His decision is as follows: ORDER The application is hereby approved subject to the Revised Conditions (Attachment "B "). Attachments: A. Hearings Officer's "Findings, Conclusion & Order" B. "Revised Recommended Conditions of Approval" C. "Appeal Information" 88338dec ATTACHMENT "A" HEARING BEFORE WASHINGTON COUNTY HEARINGS OFFICER Simmco Properties ) Casefile No. 88- 338- D /SU /V Development Review for an ) Office Building, Special Use ) Approval for Parking not in ) FINDINGS, CONCLUSION & ORDER conjunction with an Allowed ) Use & Variance to Sidewalk ) Standard ) PROPERTY DESCRIPTION The property is located on the south side of Hall Boulevard approximately 350 feet west of its intersection with SW 91st Avenue. It is designated as Tax Lots 1100 and 1200 on Assessor's Map No. 1S1 26DB and is comprised of 2.01 acres. REOUEST The Applicant requests. Development Review for a 22,789 - square foot office building, a Special Use Permit and Development Review for a parking lot in the adjacent R -5 District for use in conjunction with the proposed office use, and a variance to allow construction of a hammerhead terminus to the existing SW 92nd Avenue improvement without the installation of sidewalks. FINDINGS 1. The applicable County regulations are set forth in Paragraph I of the Staff Report dated September 8, 1988 ("Staff Report "). 2. The affected jurisdictions are those set forth in Paragraph II of the Staff Report. 3. The Hearings Officer adopts the Findings set forth in Paragraph III of the Staff Report, as amended. CONCLUSION Based upon the Findings set forth above, the Hearings Officer grants preliminary approval of the Applicant's requests, in accordance with schematic site plan ( "Scheme B ") and subject to the Revised Conditions of Approval recommended by Acting Transportation Planner Joanne Rice dated January 13, 1989, Parts A through E inclusive ( "Revised Conditions "). PAGE 1 - 88- 338- D /SU /V FINDINGS, CONCLUSION & ORDER \94001was \simmco.feo 020889, 18 ;47 ORDER The applicant hereby is approved subject to the Revised Conditions. DATED this C j - of February, 1989. Dale M. Hermann Hearings Officer • • PAGE 2 - 88- 338- D /SU /V FINDINGS, CONCLUSION & ORDER \94001vas \slmmco.fco 020889, 18;47 • r' -REVISED RECOMMENDED CN'fliTIONS OFF APPROVAL ATTACHMENT "B" CASEFILE 88- 338- D /SU /` January 13, 1989 V. RECOMMENDATION Based upon the findings of this report and the material in the casefile, Staff recommends preliminary approval of the applicant's request(s), including the schematic site plan as shown on Attachment "B ", titled "Scheme B ", subject to the conditions listed below, which provides an office building wits. approximately 20,000 square feet of floor area, subject to the following Code and Community Plan standards and Departmental conditions: A. Final Development Review Approval: Final approval shall be obtained through the Type I procedure. A development application, accompanied with two sets of final plans, necessary written material and documents, and application fee (currently $32.00) shall be submitted. B. Prior to Obtaining Final Development Review Approval and Issuance of a Building Permit, tne Applicant ana /or Property Owner Snail: 1. Submit a Type I Development application for Final Development Review approval, including two copies of final plans which comply with the standards of Article IV and include the following: a. Master Plan: 1) indicate the final right -of -way line on Hall Blvd. as 45 feet from centerline. 2) Temporary access shall be provided from Franklin Commons east access to SW Hall Bivd., located at the east property line of Tax Lot 1300. 3) Provide an access route the width of the site parallel to SW Hall Blvd. to provide adequate and convenient access to Tax Lot 1000 and Franklin Commons through this area. 4) Locate the building in a manner which will permit tne construction of a permanent Hall Bivd. access at tne common property line of Tax Lots 1100 and 1000 (the "permanent access ") and closure of the access on the easterly property line of Franklin Commons, located on Tax Lot 1300 (the "temporary Access "). The temporary access shall be closed and the permanent access provided at such time as when one of the following occurs: •Re'vi sed Recommended Co . ti ons of Approval Casefile 88- 338 -D /SlJ 1/1 3/89, Page 2 (a) There is a road project by either ODOT, the County or City of Tigard which allows for the construction of the, permanent access; or (b) The Hall Blvd. access to Tax Lot 500, located on the north side of Hall Blvd., is relocated to its permanent access, located at its west property line. 5) Provide a six foot sight obscuring fence or wall and buffering along the eastern perimeter of the site in compliance witn Sections 411 -5, 6 and 7. 6) Provide an outdoor refuse storage area in an opaque enclosure with a gate. • 7) Provide on -site parking for bicycles. 8) Indicate type of paving for parking lot in compliance with Section 415 -5. 9) Indicate crash gate, removable bollards or other implementation for emergency vehicle entrance as determined by the Fire Marshal. b. Landscape Plan: 1) Revise to reflect the shift of the building as indicated in Condition B.la. 2) and 3). 2) Provide an irrigation plan consistent with Section 417. 3) Provide a plan to implement the protection, during construction, of the trees on the site to be saved during construction. 2. Dedicate additional right -of -way to provide 45 feet from centerline of SW Hall Blvd. frontage along Tax Lot 1100. 3. Dedicate necessary right -of -way for the turnaround on SW 92nd Avenue as required by the Engineering Division. 4. Sign a waiver not to remonstrate against the formation of a Local Improvement District or other mechanism to maintain and improve SW 92nd Avenue between its terminus and SW Locust Street to a local street standard. 5. Assure that the temporary access onto SW Hall Blvd. (at the east property line of Tax Lot 1300) will be adequately illuminated in accordance with "An informational Guide for Street Lighting ", ASSHTC, 1984, through the formation of a street lighting service district or otner suitable means. Revised Recommended CorHHtions of Approval Casefile 88- 338 -D /SUP 1/13/89, Page 3 6. Establish a one foot, non - access reserve strip along SW Hall Blvd. frontage except at the permanent access location at tne common property line of Tax Lots 1100 and 1000. Tne document establishing the non - access strip shall be prepared by the County Survey Division and it shall be recorded in the County Records Department. 7. Provide access easements to Tax Lot 1000 and the Franklin Commons to provide free flowing movement between the temporary and permanent access points to Hall Bivd, which allows for the future redevelopment of Tax Lot 1000 as a commercial develop- ment. Provide an access easement(s) between Franklin Commons (Tax Lot 1300) and this development to provide access to this development from Greenburg Road. Said access easements shall provide for maintenance allocations between the respective parcels. The documents establishing these easements shall be approved by the Director and recorded in the County Records Division. 8. Submit plans, obtain Engineering Division approval, and approval from the Oregon Department of Transportation (ODOT), and obtain an ODOT permit for tne construction of the following public improvements on Hall Bivd: a. Common driveway to be shared by Tax Lots 1300, 1200, and 1100. b. A one -half street improvement along SW Hall Blvd. frontage to 000T standard, with curb, storm drainage and sidewalk. c. Closure of the existing westerly access on Tax Lot 1300, including the continuation of curb and sidewalk. 9. Submit plans, obtain Engineering Division approval, provide financial assurance, and obtain a facility permit for the following public improvements: Turnaround on SW 92nd Avenue. The turnaround shall meet the requirements of Washington County Fire District No. 1. All improvements shall be made in accordance with the require- ments of the Washington County Uniform Road improvement Design standards. The estimated Administration Deposit for this public improvement is S250.00. One half of this amount, 5125.00, is due upon submittal of two (2) sets of complete engineering plans. A completed "Design Option" form must accompany the engineering plans. -Revised Recommended Co -. dons of Approval Casefile 88- 338- D /SU /' 1/13/89, Page 4 C. Prior to Occupancy or Final Building Inspection Approval: 1. All right -of -way improvements required by Conditions B.8.a., b. and c. and B.9. shall be completed and accepted by ODOT and the County, including the permanent closure of tne west Hall Blvd. access on Tax Lot 1300. 2. The temporary access on SW Hall Blvd. be illuminated as required by Condition B.5. 3. All on -site improvements as listed on Conditions B.l.a.4) -9) and B.l.b.1 -3 shall be completed. D. Additional Conditions: 1. A contract for conditions shall be executed by the County and tne property owner. This contract shall be in conformance with the requirements of CDC Section 207 -6.3 and it shall list the conditions of approval of this decision. The contract shall be prepared by the applicant and approved as to form by County Counsel. The applicant shall record the contract in tne Records Division of the Department of Assessment and Taxation. 2. The westerly access to Tax Lot 1300 on SW Hall Blvd. shall be permanently closed prior to occupancy of the office building. 3. There shall be no access to the site from SW 92nd Avenue, with the exception of emergency vehicles, unless SW 92nd Avenue is improved to County standards and access is approved by the Director. 4. This development shall be constructed in accordance with the conditions of this decision, the approved final plans, and the standards of the Community Development Code. 5. All conditions of approval shall be binding upon all heirs, successors and assigns. 6. No tree over six (6) inches in caliper shall be removed without written approval from the Land Development Manager. 7. Obtain a sign permit prior to the installation of any signs. E. Special Conditions: 1. Temporary access shall be provided to this development from the east Hall Blvd. access to Franklin Commons. Permanent access to this development shall be provided at the common property line of Tax Lots 1100 and 1000. The east Hall Blvd. (temporary) access shall be permanently closed and the permanent access provided at such time as wnen one of the following occurs: 'R'evised Recommended Co of Approval Casefile 88- 338- D /SU /' 1/13/89, Page 5 a. There is a road project by either ODOT, the County or City of Tigard which allows for the construction of the permanent access; or b. The Hall Blvd. access to Tax Lot 500, located on the north side of Hall Blvd., is relocated to its permanent access, located at its west property line. 2. Access shall be provided to easterly Tax Lot 1000 from the temporary and permanent accesses to Hall Blvd. (at the east property line of Tax Lot 1300) if this parcel is commercially developed. 3. In the event the existing residential area south of Hall Blvd., between Hall Blvd. and SW Lehman Street, is redeveloped to commercial or high density residential, the parking lot on Tax Lot 1200 may be revised to provide access to this development from SW 92nd Avenue in order to provide a secondary access to the site, if approved by the Director. 4. At the next development action for the subject property and /or Franklin Commons, or during the next construction project along Greenburg Road, whichever occurs first, the southerly Greenburg Road access to Franklin Commons shall be relocated to align directly with the northern Washington Square Center access to include the following: a. Provide through lane alignment with the Washington Square Center Drive; b. Forty (40) foot driveway width; c. Strip for one inbound and two outbound lanes, left - through and right -only; d. Replace the existing driveway by continuation of the existing curb, sidewalk and landscaping; e. Adequate illumination; and f. Right -of -way dedication. These improvements shall be made by the applicant and shall be constructed in accordance with County standards. 5. Submit plans, obtain Engineering Division approval and approval from the Oregon Department of Transportation (ODOT), and obtain an ODOT permit for the construction of the following public improvement when required by the Director: Tne permanent Hall Blvd. access at such time as the permanent access point is established. JR:ss 338cond WASHINGTON COUNTY ATTACHMENT " C " 46411 ilk D OF LAND USE AND TR lbw LAND DEVELOPME SERVICES DIVISION ANSP CASEFILE #: 88- 338- D /SU /V 180 NORTH FIRST AVENUE HILLSBORO. OREGON 97124 648 -8761 APPEAL PERIOD: 2/10/89 TO 5 PM 2/24/89 APPEAL Mailed Date Appeal Due Date INFORMATION Attached is a copy of the Land Use and Transportation Department's Review Authority decision on your request for a Development Action. This decision or a portion thereof (i.e. condition(s)) may be appealed and a public hearing held by filing a petition for review (appeal) within 14 calendar days of the date written notice of the decision is provided. Only those persons who made an appearance of record are entitled to file a petition for review (appeal) of the decision. A motion for Reconsideration also may be filed (Article II, Section 208) but does not stop the appeal period from running and is available only as an extraordinary remedy for when a mistake of law or fact has occurred. This decision will be final if no appeal is filed by the due date, and a motion for reconsideration is not granted by the Review Authority. The Complete file is available at the County Department of Land Use and Trans- portation for review. A petition for review (appeal) must contain the following: 1. The name of the applicant and the County case file number; 2. The name of the petitioner filing the petition for review (appeal); 3. A statement of the interest of the petitioner; 4. The date the notice of decision was sent as specified in the notice; 5. The nature of the decision and the specific grounds for appeal (the appeal is limited to the specific issues raised in the petition for review unless in the case of Board review the petitioner requests a full or a partial de novo hearing); and 6. The fee of $280.00 for Type II Actions or the fee of $330.00 for Type III Actions plus the cost of the completed transcript. For further appeal information contact APPEAL SECRETARY at the Washington County Department of Land Use and Transportation. Phone 648 -8761. APPR t D A` 71 FORM 1/87 Assisllant County Counsel for Washington County, Oregon , ■ . -... . . , ,....._. , 1 561-1EMe. t.i 5 ! 1 _ . : 1 1 I 5 i r7 K 11.1 4 : 151 ...., .,■ 1 q) 4 1 L _. ____.._ 1 i i 4 LH ._ . r i -- .