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MIS1992-00016 Decision - HARRIS / P.D.G. CITY OF TIGARD NOTICE OF DECISION LOT LINE ADJUSTMENT MIS 92 -0016 SITE DEVELOPMENT REVIEW SDR 92 -0018 HARRIS ENTERPRISES /PDG (HOT'n NOW) APPLICATION: A request by Planning /Design Group for a Lot Line Adjustment to adjust two existing parcels of approximately 53,143 square feet and 11,761 square feet into two parcels of 42,232 square feet and 22,672 square feet. Both parcels are currently owned by Harris Enterprises. Planning /Design Group also requests Site Development Review approval to construct a drive - through only restaurant on the resultant 22,672 square foot parcel. Zoning: C -G (General Commercial) . Location: 13295 SW Pacific Highway (WCTM 2S1 2CB, Tax Lot 1900) and 10390 SW Park Street (WCTM 2S1 2CB Tax Lot 1805). DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted below: A. FINDINGS OF FACT 1. Vicinity Information Properties to the north, south and east are zoned C -G (General Commercial). The Tigard marketplace shopping center, Tigard Medical Clinic, and other commercial uses are on the east side of Pacific Highway opposite the site. The Park Street Square shopping center, which contains several small commercial uses, is located to the north of the site across Park Street. Properties to the northwest, on the north side of Park Street, are zoned R- 4.5 and are developed with single family residences. A mini- storage facility is located to the south and west. A vacant parcel fronting on SW Pacific Highway directly abuts tax lot 1900 to the south. SW Pacific Highway abutting the site is a five lane arterial street under the jurisdiction of the Oregon State Highway Division. Existing street improvements include curbs and storm sewers, with sidewalk on both sides of the street. SW Park Street is functionally classified by the City of Tigard's Comprehensive Plan Transportation Plan Map as a NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 1 A A minor collector street. SW Park Street presently consists of two lanes of pavement with no curbs, storm drains, or sidewalks in the area of the subject site. The SW Pacific Highway /Park Street intersection is signalized. 2. Site Information and Proposal Description Tax lot 1900 is presently developed with a card lock service station with a building, canopy, and a large amount of asphalt and concrete surface. Construction of the service station was approved by the City in 1975 (SDR 8 -75). The service station has two access driveways to SW Pacific Highway and one driveway to Park Street. Six pine, oak, and fir trees are presently on the site. Tax lot 1805 is a vacant, grassy field that has previously has been used as a horse pasture. The site slopes gently towards the SW Pacific Highway /Park Street intersection. Planning /Design Group requests Lot Line Adjustment approval to adjust the sizes of the subject parcels from approximately 53,143 square feet (Tax Lot 1805) and 11,761 (Tax Lot 1900) square feet into two parcels of 42,232 square feet and 22,672 square feet by shifting the north -south boundary between the parcels approximately 100 feet westward. The Park Street frontage of tax lot 1900 would roughly double to approximately 200 feet. Both parcels are currently owned by Harris Enterprises. The application proposes development of a 963 square foot drive - through only restaurant building on the resultant larger Tax Lot 1900. The existing service station would be demolished and the fuel tanks would be removed. The proposed restaurant would include no interior seating. Dual drive - through lanes would be located on either side of the building. Canopies would extend over the drive - through lanes at the food delivery windows. 3. Agency and NPO Comments The Oregon State Highway Division District 2A representative has been in contact with the applicant prior to submittal of the application. ODOT has informed the applicant that no direct access to SW Pacific Highway would be permitted and that standard street improvements would be necessary along the site's frontage to replace the existing driveway aprons and possibly the existing curbs and sidewalks. ODOT has commented that the applicant will need to submit plans and obtain a permit from ODOT prior to construction of these improvements. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 2 A A drainage calculation will be required to assess the impacts of the site's drainage upon the existing ODOT drainage system. The Tualatin Valley-Fire and Rescue District has reviewed the proposal and has commented that permits for fuel tank removal must be obtained from the Fire District and DEQ. The Tigard - Tualatin School District and several neighbors of the proposed development site have contacted the City regarding concerns for pedestrians in the area of the proposed project. They have requested that a "right turn only" sign be placed at the exit of the proposed development and a "caution, school children present" sign be placed on Park Street near the proposed development. NPO #3 submitted comments regarding the proposal on the day this report was to be issued. Due to time constraints, this report will not reproduce those comments here, or be rewritten to individually address those concerns. The NPO's minutes will be attached as an appendix to this report. The concerns raised by the NPO are addressed at various points through the staff analysis of the proposal. The NPO's concern with the traffic signal timing will be relayed to ODOT. The City of Tigard Building and Operation Divisions and Portland General Electric have reviewed the proposal and have issued no comments or objections B. ANALYSIS AND CONCLUSION 1. Community Development Code Compliance - Proposed Lot Line Adjustment The proposed lot line adjustment is consistent with the lot line adjustment approval standards of Community Development Code Section 18.162.050 and 18.162.060. No additional parcels would be created. Both parcels continue to have access to public street(s). There is no minimum lot size in the C -G zoning district (Code Chapter 18.62). Both parcels would continue to exceed the 50 foot average lot width standard of the zone. There are no structures or other improvements on tax lot 1805. There are no structure setback requirements in the C -G zone applicable to the service station building on tax lot 1900. The impervious surface percentage on this parcel would be decreased and the landscaped area /natural vegetative area percentage would be increased so as to continue consistency with the requirements of the C -G zoning district. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 3 The applicants will be required to submit a detailed lot line adjustment survey map for Engineering Department review and approval prior to recording the survey with Washington County. The Lot Line Adjustment may proceed separate from the request for approval of the redevelopment plans for tax lot 1900. 2. Community Development Code Compliance - Site Development Review for Proposed Restaurant Eating and drinking establishments are a permitted use in the C -G zoning district (Code Section 18.62.030A.2.h. The proposed development plan conforms with C -G zoning district requirements (Code Section 18.62.050.A) for maximum building height (maximum height of 45 feet permitted; 20 feet maximum height proposed), maximum site impervious area coverage (maximum permitted impervious area of 85 %; approximately 75% proposed), and minimum landscaping coverage (15% minimum required landscaping coverage; approximately 25% landscaping proposed). The proposed building location would be consistent with the only applicable building setback of at least 50 feet from the centerline of SW Pacific Highway (Code Sections 18.62.050.A.3 and 18.96.020.B.1.a) Although the proposal would be consistent with the minimum landscaped area standard as noted above, the proposed landscaping plan is almost wholly deficient with regard to other landscaping standards contained in Code. Chapter 18.100 which were described to the applicant in the pre - application meeting. Code Section 18.100.030 requires street trees to be provided along all public street frontages. None are proposed. Code Section 18.100.110.A requires that trees be planted in landscaped islands in all parking areas on the basis of at least one tree for every seven parking spaces. None are proposed. This Code Section also requires the use of low -level plantings, berms, or planters in order to partially screen views of parking areas. The landscaping plan provides only for a row of photinia along the western edge of the parking lot. A revised landscaping plan will need to be submitted which provides for street trees along both street frontages, parking area trees, and low level screening of the parking area consistent with the standards of Chapter 18.100. The site plan does provide for screening of the trash facilities in the southwestern corner of the site, although additional details will need to be provided to assure that the screening will be adequate to meet the standards of Section 18.100.110.D. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 4 Code Chapter 18.102 requires that clear vision be maintained for motorists and pedestrians at road intersections and intersections of driveways and roadways. Since the plans submitted would provide almost no landscaping on the site, it wasn't much of an issue to determine that clear vision would be provided. However, since substantial revisions to the landscaping plan are necessary, the clear vision requirements of Chapter 18.102 will need to provided for by the applicant. Chapter 18.106 provides standards for off - street parking. The proposal is consistent with Code Section 18.106.030 requirements related to automobile parking (4 spaces required for 4 person staffing of an eating and drinking establishment without a dining area; 11 spaces provided); and Code Section 18.106.020 standards for disabled person parking (1 disabled person space required; 1 provided) and provision of a bicycle rack. Parking lot dimensions, drainage, construction specifications, and lighting also are proposed consistent with Chapter 18.106 standards. Code Section 18.106.060.A requires vehicular stacking areas for ten autos to be provided for each service window. The purpose of this standard is to avoid situations where the queue of vehicles waiting to be • served extends across a public sidewalk or into the street. The service windows and stacking aisle would be located such that more than enough area for a fifteen auto queue would exist for the service windows without intrusion into the parking area, with more area between the parking aisles to provide additional stacking for - another eight to twelve autos without blocking access to the required parking spaces. The stacking area to be - provided more than meets Code standards and should be more than adequate to provide for the demand created by the restaurant. The proposal is consistent with applicable requirements of Code Chapter 18.108 regarding access. Consistent with Code Section 18.108.060.B and the State of Oregon Highway Division's Access Management Policy, direct access to the Hot'n Now site to /from Pacific Highway has not been proposed. Adequate access to the site would be provided by a single driveway from SW Park Street, a minor collector street. The access drive would be located directly across SW Park Street from SW Grant Street, consistent with accepted practice. A pedestrian sidewalk would be provided from the public sidewalk along SW Pacific Highway to a walk up window consistent with Code Section 18.108.050.A. The developer would be responsible for replacing the existing driveway aprons on Pacific Highway with standard curbs and sidewalks. The developer NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 5 will also be responsible for constructing standard half street improvements along the Park Street frontage of tax lot 1900, including construction of a right turn lane to Pacific Highway. Further discussion of access and road improvement concerns are detailed under the discussion of public facility concerns below. A 20 foot high pole sign is proposed to be located in the southeastern corner of the site along SW Pacific Highway. Typical wall signage has also been displayed in the plan submittal. The consistency of these signs with Code Chapter 18.114 sign area, height, and location standards will need to be assessed in the sign permit process, although preliminary review finds no problem with what has preliminarily been proposed. Details on signage are not required to be reviewed with the Site Development Review application due to the separate sign permit Details for smaller on -site directional signs have been provided. These directional signs are exempt from sign permitting procedures (Code Section 18.114.060.A.3 and .7). The elevation drawings submitted as part of the Site Development Review application indicate that exposed neon lights will be used along the tops of the east and north elevations of the building. Code Section 18.114.070.G permits neon lighting as part of a structure's architectural design. However, it is pointed out to Hot'n Now that Code Section 18.114.070.J prohibits flashing or intermittent lights. These neon architectural highlights will therefore be permitted as continuous lighting only. The application does not specify plans related to the existing mature trees on the site. Staff understands the difficulties the site designers face in attempting to fit the proposed building, queuing lanes, and required parking facilities on such a small site and therefore we realize that it was probably easier to not have to attempt to accommodate retaining these trees with the current plans. Nevertheless, through the tree removal permit requirements of the Community Development Code, the City of Tigard has recognized the public value of retaining existing trees. Before the Planning Division will approve a tree removal permit for this site, it will be necessary for the site designers to adequately demonstrate that the parking area cannot be redesigned to allow retention of at least some of the existing trees. These existing trees can satisfy at least a portion of the street tree or parking area tree requirements for this proposed development. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 6 3. Public Facility Concerns - Site Development Review for Proposed Restaurant a. STREETS: The proposed development site is located on the southwest corner of SW Park Street /Pacific Highway (Oregon State Highway 99). Pacific Highway is under the jurisdiction of the Oregon State Highway Division. Prior to the submittal of this application, the Highway Division had the following comments: - no direct access onto Highway 99 will be permitted consistent with the State Highway Access Management Guidelines, the directives of the Oregon Transportation Plan, and the Access Oregon program applicable to Highway 99, and; - remove and replace driveway aprons, curb and sidewalk along SW Pacific Highway; - provide a dedicated right -turn lane from SW Park Street to Pacific Highway; - no additional right -of way is required. The applicant will be required to provide the above improvements; the requested improvements are shown on the preliminary site plan. SW Park Street is a city street which is classified as a minor collector street by the Comprehensive Plan's Transportation Plan Map. Community Development Code Chapter 18.164 provides standards requiring that minor collector streets have the following minimum design standards (all distances are from centerline): 30 feet of right -of -way; 20 feet of pavement, curb, sidewalk, streetlights and underground utilities. Currently, SW Park Street has a total of 60 feet of right -of -way with an offset center line: 25 feet on the south side and 35 feet on the north side of the centerline. The pavement width varies, as do other improvements. There are sections of this road with partial improvements and sections with open ditch. The applicant for this development proposal will be required to provide half - street improvements along NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 7 the frontage of SW Park Street from Pacific Highway 99 to the proposed new lot line between tax lots 1805 and 1900 in order to satisfy the requirements of Code Chapter 18.164. In addition, the applicant may be required to dedicate additional right -of -way along SW Park Street if the required half- street improvements will not fit within the existing right- of-way. Members of NPO 3, neighbors of the site and the school district have raised concerns regarding increased traffic on SW Park Street. Several of the neighbors as well as the NPO have requested a "RIGHT TURN ONLY" sign be installed at the driveway of the restaurant. The applicant's agent has agreed to install such a sign. The City Engineering Department, however, does not agree with the installation of the sign for the following reasons: - A requirement for right turns only would necessitate that anyone from the neighborhood going to the restaurant would also have to make a right turn, ultimately forcing them onto Pacific Highway whereas it would be more logical to allow this traffic to follow local streets back into the neighborhood to avoid unnecessary traffic onto an arterial contrary to State and City policy. - The majority of the traffic to the site will be coming from Pacific Highway and would logically head directly back to the highway; therefore precluding the need for a right turn only sign. It would be difficult to enforce such a turn restriction. The Engineering Department strongly recommends against installation of an "RIGHT TURN ONLY" sign. The Planning Division understands and concurs with the Engineering Department's position, to a point. Clearly, some traffic exiting the site will have legitimate reasons for turning left or going straight from the exit. It would be unreasonable to require that traffic to travel greater, unnecessary distances if left turns were prohibited. It also would not be prudent to have a "RIGHT TURN ONLY" sign at the exit that could not be enforced if such a sign appeared to be a traffic control sign. A sign which appeared to be a traffic control sign could result in unwarranted calls to the police in NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 8 an attempt to have the police enforce a non - existent turning restriction. Nevertheless, the Planning Division understands the neighborhood's concern with possible unnecessary traffic infiltration into their neighborhood and will require the developer to place some sort of signage at the exit to the site to discourage (but not prohibit) traffic into the neighborhood from the development. Such signage could include a painted right turn arrow on the pavement surface and a sign bearing the Hot'n Now logo urging "right turns only, please." Such signage should convey the message without having any appearance of having the force of law. As a condition of approval of this application, the developer will be required to develop a signage and /or pavement marking plan, submit it for approval by the Planning Division, and implement the plan prior to the issuance of an occupancy permit for the proposed development. The Planning Division will also encourage the City Engineer and Operations Department to place a warning sign on Park Street near Grant Street urging caution because of the presence of school children. Such signage will not be made the responsibility of the site developer since the caution is warranted by an existing situation. - 2. SANITARY SEWER: There is an existing eight inch diameter public sanitary sewer line located within SW Park Street to which the applicant is proposing to connect. The existing line has sufficient capacity to handle this development. 3. STORM SEWER: The site slopes towards the northeast. Currently, the storm water from the existing gas station and ditches flow into the storm sewer system within the state highway. The applicant should be required to demonstrate that the existing system is adequate to handle the additional storm runoff. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) surface water management regulations for the Tualatin River basin requiring either the construction of an on -site water quality facility for a development's anticipated storm drainage runoff, or fees -in- lieu -of construction of a facility. Construction of an on -site water quality NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 9 treatment facility is not appropriate for this site because the site is small and the loss of site area for an on -site facility would preclude the effective development of the site. In addition, the City Engineering Department has recommended that surface water quality facilities on small sites would likely result in numerous facilities that could become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in -lieu of construction of these facilities, would provide the required treatment with improved reliability and less maintenance. Therefore the applicant will be required to pay the fee in -lieu of constructing an on -site facility. C. DECISION Based upon the above findings and conclusions, the Director's designee APPROVES Lot Line Adjustment MIS 92 -0016 between tax lots 1805 and 1900 of WCTM 2S1 2CB subject to the following condition: 1. The applicant shall submit a lot line adjustment survey showing the existing and proposed lot lines, and legal descriptions of the parcels for review and approval by the Engineering Department prior to the applicant recording the adjustment with Washington County. Based upon the above findings and conclusions, the Director's designee APPROVES Site Development Review SDR 92 -0018 for development of a card -lock vehicle fueling facility subject to the following conditions: BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE CONDITIONS LISTED BELOW ARE SATISFIED OR AN ACCEPTABLE PERFORMANCE ASSURANCE IS POSTED. STAFF CONTACT IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT, UNLESS SPECIFIED OTHERWISE. 2. The landscaping plan shall be revised to provide for street trees along the site's SW Pacific Highway and Park Street frontages consistent with the minimum size, spacing, and location standards of Code Section 18.100.035. The minimum caliper of all street trees shall be two inches at four feet in height. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 10 The landscaping plan shall also be revised to provide for parking area trees and low level screening of the parking area through plantings, berms, or other methods consistent with Code Section 18.100.110.A.1. STAFF CONTACT: Jerry Offer, Planning Division. 3. A tree removal permit must be obtained from the Planning Division before removal of any trees in excess of 6 inches in diameter. The site designers shall demonstrate that no practical options exist for redesign of the parking lot in order to allow retention of some of the existing trees. The Planning Division may prescribe protective measures for the trees to be retained. These measures must be remain in place throughout construction activities on the site. STAFF CONTACT: Jerry Offer, Planning Division. 4. A demolition permit must be obtained before removal of the existing building. STAFF CONTACT: Brad Roast, Building Division. 5. The applicant shall provide and install a right -turn only lane meeting the requirements of the Oregon State Highway Division and the City of Tigard. 6. The applicant shall prepare plans for and provide for replacement of the existing driveway aprons, sidewalks, and curbs along tax lot 1900's SW Pacific Highway frontage to Oregon Department of Transportation Department standards. The applicant shall obtain permits from ODOT Division 2A to perform work within the right - of -way of SW Pacific Highway (Contact: Bob Doran, 229- 5002). A copy of the permit shall be provided to the City's Engineering Department prior to issuance of a public improvement permit. 7. The applicant shall submit a storm drainage calculation to the ODOT Division 2A assessing the impact of site drainage upon existing storm sewers within the Pacific Highway right -of -way (Contact: Bob Doran, 229 - 5002). 8. Standard half - street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and placement of utility wires underground (or pay a fee in -lieu) shall be installed along the SW Park Street frontage of tax lot 1900 from Pacific Highway to the new lot line. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 11 9. Additional right -of -way may be required to be dedicated to the public along the SW Park Street frontage of the site. The description of any right -of way dedication 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. The final determination as to right -of -way dedication and width shall be determined by the City Engineer. 10. Two (2) sets of detailed public improvement plans and profile construction ,drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. 11. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 12. Storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin shall be provided as a supplement to the public improvement plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. 13. As part of the public improvement plans, the applicant shall show the location of SW Grant Street. 14. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. The payment of a permit fee and a sign installation /streetlight fee are required. 15. The applicant shall place utilities underground along the Pacific Highway frontage of the site. As an alternative, a fee in -lieu of undergrounding may be paid. 16. The applicant shall be required to pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47. NOTE: This is a two part fee which is paid at different times. The first portion is paid with the public improvements which is for NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 12 that portion of the development which increase the impervious area within the public right -of -way. The second portion is paid at Building Permit issuance. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT: 17. The developer will be required to develop a signage and /or pavement marking plan intended to discourage left turns from the site onto Park Street. The plan will need to be approved by the Planning Division and must be implemented prior to the issuance of an occupancy permit for the development. STAFF CONTACT: Jerry Offer, Planning Division. 18. All landscaping materials, site improvements, and required public improvements shall be installed as per the approved site plan or a performance assurance shall be posted guaranteeing installation within a short time after occupancy. STAFF CONTACT: Jerry Offer, Planning Division. 19. A sign permit shall be obtained prior to the erection of any sign, other than directional signs and signs not oriented to be viewed from a public right -of -way. STAFF CONTACT: Victor Adonri, Planning Division. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION DATE NOTED BELOW. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: X The applicant and owners 7( Owners of record within the required distance `7c The affected Neighborhood Planning Organization 7� Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. ���Z3'�� . NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 13 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. / I ' ,. if / PRO —ID LY: arry Offer, Associate Planner • ' J i /� r-3 �2 .., APPROVED BY: Dick Bewers: DATE Senior Planner SDR92 -0018 NOTICE OF DECISION - SDR 92 -0018 - Hot'N Now PAGE 14 r „. , , ,_, . " . .. 'O 0 ~ 0 ri Zy 'I . ., SW. 105TH w `y S.w ; X WATKINS Al AVE. 4.,..., imill IIIII — ! 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LINE A -DJ uS TME / RECEIVED PLANNING ( r1`I November 12, 1992 Minutes for NPO #3 for general meeting 11- OAF -y4. 3 1 �� � � members present except Lila Garner, who•was excused. Te had a joint meeting with NPO #7 to which police chief Ron Goodpaster was invited to continue his report from two months ago meeting. He reported he had continued to try to set up a neighborhood group meeting with the people on Watkins. This meeting has not materialized yet, but all parties will continue to try to set a date to meet. Chief Goodpaster passed out two reports regarding traffic on Gaarde /110th and Walnut /128th. These reports were discussed at length. The Gaarde /110th report was submitted before the McDonald- Gaarde -Hwy. 99 intersection upgrade was completed. A more updated report will be available next meeting on this street. Before the NPO people separated for their own meetings, NPO #3 and NPO #7 agreed to have a special meeting on November 18, 1992 at 7:00 p.m. at a location to be decided, to discuss only the Comprehensive Plan Amendment CPA 92 -0007 which relates to the future alighnment of a collector street connecting SW Walnut Street and SW Gaarde Street. NPO #3 meeting was called to order. Minutes from previous meeting approved. Mr. Bill Gilmore, Urban Forester was our speaker. His topic was Tree Ordinances. He stated a committee needed to be formed to persue what the goals and objectives of the ordinance would be; what the funding sources could be. Does the ordinance need to be for preservation of historic trees, street trees, every tree, long term canopy, urban forest, Tree City USA program, etc. This committee needs to be broad based with all of the various interests represented including a city forester or a planner who has some experience with trees and ordinances pertaining to trees. The danger in this ordinance is that if it is not understood with planned goals and objectives corked out with input from all interests in the community, it can and will alienate people and be difficult to get passed. On the other side if it is worked through from the beginning carefully and slowly it can have a positive effect in a community. The goals and objectives and the over all plan need to be user friendly and something the community can and will participate in. An important part of any tree ordinance is that it be properly planned in the preservation or planting of trees and the maintenance for the years in the future should be carefully planned also. This presentation was very thorough and gave us much to ponder in going ahead to form a committee. The next item was SDR 92- 0018 /MIS 92 -0016 Harris P.D.G. HOT'N NOW restaurant. located at Hwy. 99 and Park Ave. in Tigard. Mr. Peter Kappertz from PDG Planning Design Group, 122 SE 27th, Portland 97214, 236 -6000 and a represenat,iv( from the owners of the parcel Taco Bell Corp. (subsidiary of Pepsico), were present to talk with the community. There were about 30 people from the community and the NPO in attendance. The proposal is for a new concept ,:,facility serving burgers, fries and soft drinks in a 963 sq. ft. building which has two drive through lanes and no interior seating at all. All traffic i will ingress and egress on SW Park St. approximately at the intersection with SW Grant St. This property is zoned C -G (General Commercial) and this use is allowed undei a staff level review with no public hearing necessary.. This facility will take out the Pride fuel station and go west along Park about 200' where the entrance /exit will be located. This 200' stretch of Park will not be tslidened but curbs and sidewalk will be added. A right turn lane will be added for cars entering from Park to SW 99. It will be in the configuration of SW Greenburg Rd. and SW Gaarde St. with a triangle area between Hwy. 99 And the new roadway addition. Page 2 NPO #3 minutes from November 4, 1992 There were many neighborhood concerns from the neighbors who live across the street on SW Park and west on SW Park and from people on SW Watkins. The concerns were centered on traffic increase that will present a safety hazard to the school children walking from their homes to attend school at Charles F. Tigard and walk on SW Park to SW Grant into the school grounds. Another concern was the increase in traffic if the cars turn left from the driveway when they leave the restaurant and travel through the residential community to either Hwy. 99 at Watkins or go to SW Walnut. The neighbors feel that there should be an entrance on Hwy. 99 either independently or in conjunction with Pietros restaurant or the entrance to the Hot 'N Now should be closer to Hwy. 99 so all cars will come and go on Hwy. 99 much more easily. Another concern was for sidewalks the entire length from Hwy. 99 to SW Watkin for people and children especially, to walk safely. There was discussion of an LID for a sidewalk on the north side. of Park if the developer put the sidewalk in on thesouth side of park to Watkins. There was discussion of a foot path on the north and south side of Park, which would be temporary until the street was improved but would be safe walking from the street. The following conditions were voted onby those in attendance: 1. Petition to move the driveway entrance /exit... closer ...to_Pacific Hwy.' 2. Right turn. from the restaurant indicated - ,by a sign ,and an _. arrow c painted on ; the ' driveway. The developer concured:; with this' proposal;-,- 3. Petition the State of Oregon for access on Hwy. 99 as there are two existing access driveways now for Pride station. 4. Be sure there is enough stacking area for 10 cars and that the traffic is not backed up on Hwy. 99 or on SW Park. There should be a center turn lane for the cars to stack in. 5. There should be a sign on SW Park at or near Grant street that indicates that children are present walking to school. 6. Work with ODOT to synchronize the traffic light at SW Park and Hwy. 99 to change quicker for left turns onto Hwy 99. This light,is slow to change now, the neighbors who live there reported. The vote was unanimous by the NPO #3 and then by those in attendance from the neighborhood. NPO #3 voted to request the City mail or directly notify all of those who would be impacted by any decision on the future alignment of a collector street connection SW Walnut St. and SW Gaarde St. including residents on Gaarde, Walnut between SW 130 and SW 135th, residents on SW 132n4, SW Benchview and SW 135th and SW Fern, and the Gorden Moore family for the special meeting on November 18, 1992. Substitute secretary for Lila Garner is Beverly Froude.