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CUP2006-00003 120 DA�YS =3/3/2007(Includes a yextension) DATE OF FILING: 12/13/200� �� DATE MAILED: 12/15/2006 ' '�" �.4_.:: � CITY OF TIGARD ��°�� Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CLJP 2006-00003 SITE DEVELOPMENT REVIEW SDR 2006-00006 VARIANCE VAR 2006-00077&78 Case Name: TRIMET COMMUTER RAIL STATION Applicant's Name/Address: TriMet Attn:Steve Witter 710 NE Hollada Street Portland OR 97232 Owner's Name/Address: Same as a licant Address of Property: Between SW Main Street and SW Hall Boulevard 7" ard OR 97223 Tax Map/Lot Nos.: Washin on Co.Tax Assessor's Ma No.2S102 Tax Lot 04801 and ortions of ODOT ri ht-of-wa u�Ma 1S135CB Tax Lot 00800 and the Union Pacific Railroad ri ht-of-wa between SW Main Street and SW Hall Boulevard. A FINAL ORDER INCORPORATTNG THE FAC'TS, FINDINGS AND QONQ,USIONS APPROVING A RE�UEST FOR A GONDITIONAL LISE, SITE DEVELOPMENT REVIEW AND TWO ADjCJ�TMENTS. T'HE QTY OF TTGARD HEARINGS OFFICER HAS REVIEWED TF-iE APPLICANI"S PLANS, NARRATTVE, MATERIALS, CONIIv1ENTS OF REVIEWING AGENQES, T'F� PLANNING DIVISIONS STAFF REPORT AND RECOMNIENDATTONS FOR THE APPLICATTON DESC�tIBED IN FURTI�R DETAIL IN Tf� STAFF REPORT. 'IT� HEARINGS OFFICER HELD A PUBLIC HEARING ON DEC�MBER 11, 2006 TO RECEIVE TESTTMONY REGARDING T�IIS APPLICATTON. Tf-�S DEQSION HAS BEEN BASED ON Tf-� FACTS,FINDINGS AND CONQ.USIONS CONTAINED WITf-IIN T�IS FINAL ORDER Request ➢ The applicant requests Conditional Use Approval to construct a 2,890 square foot commuter rail station platform adjacent to TriMet's e�sting bus station, Site Development Review for a 102-space park and ride lot located in the adjacent Burlington Northern abandon rail right of way,and variances to the access and egress standards for both drivewayspacing (from the required 200 feet to 20 feet) and driveway width (from the required 50-feet to 24 feet) for access to the park and ride lot off of SW Main Street. At the December 11,2006 public hearing,the Hearings Officer ordered the public record held open for one day for staff and the applicant to draft final revisions to the conditions of approval agreed to at the hearing. The reco� in this case closed at 5 PM on December 12, 2006, and the Hearings Officer conditionally approved the request,subject to the "Revised" conditions of approval within this final order. Zone: C�D: Central Business District. A�licable Review Criteria: Community Development Code Chapters 18.330, 18.360, 18.370; 18.390, 18.520, 18.705, 18.725, 18.745, 18.755; 18.765, 18.780, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested ❑x Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: x❑ Owners of Record within the Required Distance � Affected Government Agencies ❑x Interested Parties ❑x The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/CommunityDevelopment Department at the City of Tigard Permit Center at City Hall. Final Decision• THIS DECISION IS FINAL ON DECEMBER 15, 2006 AND BECOMES EFFECTIVE ON ANUARY 3, 2007 LJNLESS AN APPEAL IS FILED. A�peal: The decision of the Review Authority is final for pur�oses of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may a�peal t4us decision ui accordance with Section 18390.040.G.2. of the Tigard CommunitY Develo ment Code which provides that a written appeal together with the required fee shall be filed with the Director wit�un ten �10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Plantung Division of Tigard Caty Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON ANUARY 2, 2007. Questions: If you have any questions,please call the City of Tigard Planning Division at (503� 639-4171. . , BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by TriMet for a conditional use) F I N A L O R D E R permit for a commuter rail station and development review)CUP2006-03/SDR2006-06/ and access variance for a park and ride lot between Main) VAR2006-077 & 078 Street &Hall Boulevard in the City of Tigard, Oregon ) (Commuter Rail Station) A. FINDINGS AND CONCLUSIONS 1. The applicant, TriMet, requests approval of a conditional use permit for a 2,890 square foot commuter rail station platform adjacent to TriMet's existing bus station and the Union Pacific Railroad right of way, between Main Street& Hall Boulevard. The applicant also requests site development review approval for an associated 102-space park and ride facility and variances to the driveway spacing and width requirements on Main Street. The applicant proposed to develop the project on tax lot 04801, WCTM 2S 102AA and tax lot 00800, 1 S 135CB (the "site"). Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated August 15, 200b (the " Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner (the "hearings officer")held a duly noticed public hearing on December 11, 2006 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner Gary Pagenstecher and City engineer Kim McMillan testified on behalf of the City. Steve Witter, Cathy Corliss and Jeb Doran testified on behalf of the applicant, TriMet. No one else testified orally or in writing other than public agency staff. The applicant's representatives accepted the findings and conditions in the Staff Report with certain modifications. City staff agreed with the modifications proposed by the applicant with certain amendments. The hearings officer held the record open at the end of the hearing. The hearings officer ordered the public record held open for one day for staff and the applicant to draft final revisions to the conditions of approval agreed to at the hearing. The record in this case closed at 5 PM on December 12, 2006. 3. City staff recommended that the hearings officer approve the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report as amended at the hearing. The applicant accepted those conditions as amended. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order. r • 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed development does or will comply with the applicable criteria 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 in fact. Therefore the applications should be approved subject to such conditions. B. ORDER 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 CUP2006-03/SDR2006-06/VAR2006-077 and VAR2006-078 (TriMet Commuter Rail Station), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CiTRRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to issuance of a site or building permit, the applicant shall make a good faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a letter to that affect from the property owner shall be submitted to the City. If shared access is available, the applicant shall submit a revised plan set that incorporates the shared access that meets, or is the minimum adjustment necessary to meet, the access width and spacing standards. 2. Prior to issuance of a site or building permit, the applicant shall submit a revised site plan showing a multiuse pedestrian and bicycle path from SW Hall to the proposed park-and-ride in-lieu of the proposed emergency access road. 3. Prior to issuance of a site or building permit, the applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required by TDC Chapter 18.765.040.J 4. Prior to issuance of a site or building permit, the applicant shall submit a tree mitigation plan for review and approval by the City Forester, if the applicant chooses to provide tree mitigation on-site. Alternatively, the applicant may choose to pay a fee in-lieu at $125/caliper inch (30 inches x $125 = $3,750). 5. Prior to issuance of a site or building permit, the a�plicant shall submit a revised planting legend specifying trees included on the City of Tigard Street Tree List for the required street trees on SW Main Street. 6. Prior to issuance of a site or building permit, the applicant shall demonstrate that all service facilities are effectively screened from view. CUP2006-3/SDR2006-06/VAR2006-077 and VAR2006-078 Hearings Offtcer Final Order (TriMet Commuter Rail Station) Page 2 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILTITES PERMIT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 7. A Public Facility Improvement (PFI) permit is required for this project to cover half- street improvements and any other work in the public right-of-way. Six(6) sets of detailed public improvement plans shall be submitted for review to the Engmeering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ti ard-or.�). 8. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 9. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. 10. The applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineermg). 1 l. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Main Street as a part of this project: A. 8-foot concrete sidewalk with planter strip; B. street trees in the planter stri� spaced per TDC requirements; C. center median through the rail crossing; D. streetlight layout by applicant's engineer, to be approved by City Engineer; and E. driveway apron. 12. The applicant's engineer shall submit a Future Streets plan showing the extension of Ash Avenue from Commercial Street to Burnham Street. This future street plan shall include the plan and profile of Ash Avenue. The plans shall also clearly indicate the platform and station locations in order to ensure that these improvements do not prohibit the future construction of Ash Street from Commercial Street to Burnham Street. 13. The applicant shall submit construction plans to the Building Department indicating that they will construct a 10-foot wide concrete public sidewalk from the parking lot to Hall Boulevard. 14. A profile of Main Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. CUP2006-3/SDR2006-06/VAR2006-077 and VAR2006-078 Hearings Of�cer Final Order (TriMet Commuter Rail Station) Page 3 15. The applicant shall provide an on-site water quality and detention facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the srte permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 17. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 18. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 19. The applicant shall provide construction plans for the multiuse path for review and approval, demonstrating that adequate outdoor lighting is provided and consistency with the multiuse path design provided by the City. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to final building inspection, TriMet shall construct the multiuse path consistent with the design approved by the Crty. 21. Prior to final building inspection, TriMet shall demonstrate that all interior drives and access aisles within the proposed park-and-ride lot are clearly marked showing direction of flow, adequate vehicular and pedestrian safety, and identification of the multiuse path. 22. Prior to a final ins�ection, and prior to placement of any signs on site, the applicant shall a�ply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Kim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 23. Prior to a final inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. CUP2006-3/SDR2006-06/VAR2006-077 and VAR2006-078 Hearings O�cer Final Order (TriMet Commuter Rail Station) Page 4 , , 24. Prior to final inspection, the applicant shall�rovide the City with as-built drawin�s of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts m "DWG" format, if available; otherwise "DXF"will be acce�table, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the develo ment, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91� 25. Prior to a final inspection, the applicant's engineer shall provide a final sight distance certification based on completed half-street improvements. 26. Prior to a final inspection, TriMet shall provide documentation demonstratin�public pedestrian and bicycle access is available from the east end of the park-and-ride to the public sidewalk on SW Hall Boulevard. 27. To ensure compliance with Clean Water Services design and construction standards, the a�plicant shall perform construction and visual observation of the water quality facility for compliance with the design and specifications. These ins�ections shall be made at significant stages, and at com�letion of the construction. Pnor to final inspection, TriMet shall provide the City of Tigard(Inspection Supervisor) with written confirmation,pre�ared by a registered dregon professional en�ineer, that the water quality facility is m compliance with the design and specifications. Staff Contact: Hap Watkms, Building Division. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. DATED this 13`�day of December, 2006. Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP2006-3/SDR2006-06/VAR2006-077 and VAR2006-078 Hearings O�cer Final Order (TriMet Commuter Rail Station) Page S A.genda Item: 2.2 Hearin Date: December 11 2006 Time: 7:00 PM "REVISED" STAFF REPORT TO THE .:�'' - HEARINGS OFFICER �'h��' ,:�. � . FOR THE CITY OF TIGARD, ORE GON �� §.; �x . THIS STAFF REPORT HAS BEEN REVISED ON 12/12/06 TO REFLECI' THE DISCUSSION HELD BETWEEN THE CITY OF TIGARD AND THE APPLICANT TRIMET AT THE 12/11/06 PUBLIC HEARING ON THE MATTER TRIMET AND THE CITY HAVE AGREED ON A SET OF RECOMMENDED CONDITIONS OF APPROVAL WHICH HAVE BEEN INQ.UDED IN THIS REPORT FOR THE HEARINGS OFFICER'S CONSIDERATION. 120 DAYS = 3/2/2007 SE CTION I. APPLICATI4N SLJ�vIMARY FILE NAME: TRIMET COMMUTER RAIL STATION CASE NOS: Conditional Use Permit CUP) CLJP2006-00003 Site Develo ment Review SDI� SDR2006-00006 Variance AR VAR2006-00077 Variance VE�R2006-00078 APPLICANT Steve Wtter APPLICAN'T'S Cathy Corliss OWNER TRIMET REP.: An e"lo Plaruung Group,Inc. 710 NE Hollada Street 62�SW Main Street,Sl.ute 201 Portland,OR 9�32 Portland, OR 97205 PROPOSAL: The applicant.requests Conditional Use Approval to construct a 2,890 square foot commuter rail station platform adjacent to TriMet's existing bus station, Site Development Review for a 102-s�pace park and ride lot located in the ad�acent abandon Burlin�ton Northem railroad right-of-way, and variances to the access and egress standards for both driveway spacin from the required 200 feet to 35 feet� and driveway width�from the required ��eet to 24 feet) for access to the par -and-ride lot off of S Main Street. LOCATION: The project is located on Tax NI� 2S102AA,Tax Lot 04801 and portions.of ODOT right-of-way (Tax Map��1S135�, Tax Lot 00800) and Union Pacific Railroad right-of-waybetween SW Ma.in Street and SW Hall Boulevard. COMPREHENSIVE PLAN AND ZONING DESIGNATION: C�D: Central Business District. The GBD zoning district is designed to provide a concentrated central, business district centered on the Ciry's historic downtown, including a mix.of civic, retail and of�ice uses. Single-famil attached housing, at a maxiinum densiry of 12 units/net acre, equivalent of the RY12 zoning district and multi-familyhousing at a ininirnum density of 32 units/acre, equivalent to the�40 zonin� district are pernutted outright. A wide ran�e of uses, including but not limite to adu�t entertainment, utiltties, facilities wit drive-up windows, medical centers, major event entertairunent and gasoline stations, are pernzitted conditionally. APPLICABLE REVIE W CRITERIA: Community Development Code Chapters 18330 18.360 18370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.7�0, 18.7�5, and 18.810. T'RIIvIET QOMM[JI'ERRAII,STATION PAGE 1 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO TI-IE HEARINGS OFFI�R SECTION II. STAFF RECOMMENDATION Staff recomrnends that the Hearin�s Officer find that the proposed Conditional Use Pernut will not adversely affect the health, safety, and welfare of the Ciry and meets the Approval Standards for a Conditional Use. Therefore Staff recommends APPROVAL, subject to the followin� "REVISED" recomrriended Conditions o�Approval: "REVISED" CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BLJILDING PERMITS: e app icant s a prep are a cover etter an su mit it, a ong wi an}� supporting ocuments and/or plans that address the followin requirements to the CLTRR�NT PLANNING DIVISION, ATTN: C�ary Pagenstecher 50�639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required informatiori is found: 1. Prior to issuance of a site or building pernzit, the applicant shall make a ood fa.ith effort to share access with the adjacent parcel to the west. If access cannot be shared, a�etter to that affect from the property owner shall be subrrutted to the City. If shared access is available, the applicant shall submit a revised plan set that incorporates the shared access that meets, or is the nuruinum adjustment necessaryto meet,the access v�ndth and spacing standards. 2. Prior to issuance of a site or building permit, the app�licant shall submit a revised site plan showing a multiuse pedestrian and bicycle path from SW Hall to the proposed park and-ride in-lieu of the proposed emergency access road. 3. Prior to issuance of a site or building pernut, the applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required by TDC Chapter 18 J65.040 J 4. Prior to issuance of a site or building pern�it, the applicant shall submit a tree mitigation plan for review and approval by the City Forester, if the applicant chooses to rovide tree miti ation on- site. Alternatively, the applicant may choose to pay a fee in-heu at $12�/caliper inch (3� inches x $125 = $3,750). 5. Prior to issuance of a site or building permit, the applicant shall submit a revised planting legend specify�'ng trees included on the City of Tigard Street Tree List for the requ.ired street trees on SW Mau1 Street. 6. Prior to issuance of a site or building pernut, the applicant shall demonstrate that all service facilities are effectivelyscreened fromview. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE PUBLIC FACILTITES PERMIT: e app icant s a �p repare a cover etter an su mit it, a on wi any�s�up�ortin ocurnents and/or pl�a�ns that address the followin re uirements to the E�GINEEKIIYG DE�TMENT, ATTN:�im McMillan 503-639-4171, ��642. The cover letter shall clearly identify where in the submittal the required information is found: 7. A Public Facility Improvement (PFI) perniit is required for this pro'ect to cover half-street improvements and any other work in the public n ht-of-way. .Six (6� sets of detailed public improvement plans shall be submitted for review to t�e Engineenng Department. NOTE: these plans are in addition to any drawings required by the.Builduig Div�sion and should only include sheets relevant to public improvements. Public Fac�li Improvement (PFI) pernzit pians shall conform to City of Tigard Public Improvement Design�tandards, which are available at City Hall and the Cit�s web page (www.tigard-or.gov). TRIMET�MMLTIER RAII�STATiON PAGE 2 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO TI-�HEARINGS OFFICER 8. The PFI permit lan submittal shall include the exact legal name, address and telephone number of the indi�idua�or corporate entiry who will be�c�esignated as the "Pernzittee"= and who will provide the financial assurance for the ublic improvements. For example specify�f the entity is a corporation, limited partnership, LLC�, etc. Also specify the state wit�iin wluch the entity �s incorporated and provide the name of the corporate contact person. Failure to provide accurate inforniation to the Engineering Department wiIl delayprocessuig of pro�ect documents. 9. The applicant shall provide a construction vehicle access and parking plan for approval by the City Enguieer. The purpose of this plan is for parking and tra$ic control during the public improvement construction phase. 10. The applicant shall paythe addressing fee. (STAFF CONTACT: BethanyStewart,Engineerin�. 11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement ernzit, indicating that they will construct the following frontage improvements along SW Main�treet as a part of this project: A. 8-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. center median through the rail crossuig; D. streetlight layout by applicant's engineer,to be approved by City E ngineer; and E. driveway apron. 12. The app licant's engineer shall submit a Future Streets plan showing the extension of Ash Avenue from C:ommercial Street to Burnham Street. This future street plan shall include the plan and profile of Ash Avenue. The plans shall also clearly indicate the platform and station locations in order to ensure that these unprovements do not prohibit the future construction of Ash Street f rom Commercial Street to Burnham Street. 13. The applicant shall submit construction plans to the Building Department indicating that they will construct a 10 foot wide concrete public sidewalk from the parking lot to Hall Boulevard. 14. A profile of Main Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 15. The applicant shall.provide an on-site water quality and detention facility as re uired by C1ean Water Services Design and Construction Standards adopted by Resolution and �rder No. 00-7). Final plans and calculations shall be submitted to �e Engineenn Department (Kim McMillan) for review and approval prior to issuance of the site Pernut. In ad�ition, a proposed maintenance plan shall be subrrutted aIong with the plans and calculations for review and approval. 16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Plann�ng Manual,February 2003 edition." 17. The applicant shall obtain a 1200-C General Pernlit issued by the City of T"igard pursuant to ORS 468.740 and the Federal Clean Water Act. 18. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the Cat�s Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposn anth the Water Department prior to app�roval of the PFI pernut plans from the Engineering Department and construction of public waterZines. 19. The applicant shall provide constxuction plans for the multiuse path for review and approval, demonstratulg that adequate outdoor lightuig is provided and consistency with the multiuse path design provided by the Gty. 'ITtIMET QOMMUIER RAIL STATTON PAGE 3 OF 28 12/I1/06 PUBLICHEARING "REVISED"STAFF REPORTTO'IT-IE HEARINGS OFFI�R THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: e app icant s pre�pare a cover etter an su mit it, a ong wi any supportin ocuments and/or �p la� ns that address the following requirements to the CURR�NT �LANNING DIVISION, ATTN: C�ary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to final building inspection, TriMet shall constnict the multiuse path consistent with the design approved by the City. 21. Prior to final buildin inspection, TriMet shall demonstrate that all interior drives and access aisles within the propose�park and-nde lot are clearly marked showing direction of flow, adequate vehicular and pedestrian safery, and identification of the multiuse path. 22. Prior to a f inal inspection, and prior to placement of any signs on site, the applicant shall apply f or a s� n permit and supply staff with the appropnate plans to verify compliance with TDC Chapter ��7ff�. The applicant shall prepare a cover letter and submit it, alon with any surporting doctunents and/or plans that address the following�re� uirements to the E�GINEERING DEPARTMENT, ATTN:I�im McMillan 503-639-4171, EXT �642. The cover letter shall clearly identify where in the submittal the required information is found: 23. Prior to a final inspection, the applicant shall complete the required.public improvements obtain conditional acceptance from the Ciry, and provide a one-year mauitenance assurance for said improvements. 24. Prior to final insPection, the applicant shall provide the C"ity with as-built drawings of the public improvements as}ollows: 1) 3 mil mylar, 2) a diskette of the as-builts in"DWG" forn�at, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the Cat�s GPS network The applicant's en�ineer shall provide the Ciry with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State I'lane Coordinates, referenced to NAD 83 (91). 25. Prior to a final inspection, the applicant's engineer shall provide a final sight distance certification based on completed half-street improvements. 26. Prior to a final inspection, TriMet shall provide documentation demonstrating public pedestrian and bicy�le access is available from the east end of the park and-ride to the pubhc sidewaIk on SW Hall Boulevard. 27. To ensure compliance with C1ean Water Services design and construction standards, the applicant shall perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at sigruficant stages, and at completion of the construction..Prior to final inspection, TriMet shall provide the City of T'igard (Inspection Supervisor) with wntten confirmation prepared by a registered Oreg�on professional engmeer, that the water quality facility is in comp�iance with the design and spec�fications. Staff Contact: Hap Watkins,Building Div�sion. FAILLTRE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFI(.:E,R'S DEQSION SHALL RENDER THE HEARINGS OFFICER'S DEQSION VOID. TRIIviET O�MMUIER RAII.STATTON PAGE 4 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORTTO TI-IE HEARINGS OFFIC�R SECTION III. BACKGROLTND INFORMATION Site H�sto e su ject site consists of railroad right-of-way located between SW Commercial Street on the east, SW Burnham Street on the west, SW Main Street on the nonh, and SW Hall Boulevard on the south. The site is immediately adjacent to TriMet's e�risting Tigard Transit Center which serves five bus lines. The right-of-way has been used for commercial rail since the beginning of the 1900s and passenger rail up until the 1930s. Vicini Inforn�ation: The su ject site is ocated within Tigard's Central Business District. The District is bounded by industrial land to the northwest and southeast, residentaally zoned land to the southwest and commercially zoned land to the northeast. The�proposed commuter rail station is a central element in the revival of downtown Tigard as expressed in the Tigard's Downtown Improvement Plan. Site Information and Pro osal Descri tion: TriMet is proposing to construct a 2, 90 square foot commuter rail station platform adjacent to TriMet's existing bus station and a 102-space park and ride lot located in the adjacent abandon rail right-of-way. Due to the narrowness of the approxunately 57 foot right-of-way,the applicant has re uested variances to the access and egress standards for both driveway spacing (from the required 200 �eet to 35 feet) and driveway width (from the required 50-feet to 24 feet) for access to the park and ride lot off of SW Main Street. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.]30.020 Lists e Use Categories. The,proposed.commuter rail "transit station" is listed as a basic utility civic use. Basic utilities in the Central Business Distnct require a conditional use perinit as shown in Table 18.520.1. The proposed park and-ride lot is listed as a "non-accessory parking" use. Non-accessory parking is a pernlitted use uz the �entral Business District subject to site development review standards. Summa Land Use Permits: Chapter 18.310 De ines the decision-ma ung type to which the land-use application is assigned. The proposed commuter rail station platform requ��i�res a Conditional Use pern�it which is a Type III-HO process with a hearing and decision by the.Tigard Hearings Officer. The proposed parking requu-es a Type II review and is processed concurrentlywrthui the condit�onal use permit process. SECTION V. SUMMARY OF APPLICABLE CRITERIA A surrunary of the applicable criteria in this case in the chapter order in which they are addressed in this report are as follows: A. 18.330 S ecific Conditional Use Criteria Gene App rov Criteria AdditionaCConditions of Approv Additional Develop ment Standards B. licable Devero ment Code tandards 1 . 60 Site Deve opment Review 18.370 ariances and Adjustrnents) 18.520 Commercial Zorung Districts) 18.705 Access,Egress &CirCUlation) 18.725 nvironmental Perfom�ance Standards) 18J45 dscaping and Screening� TRIIvIET OOMMLIIER RAIL STA'ITON PAGE 5 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO THE HEARINGS OFFICER 18.755 � ed Solid Waste and Recy�lable Storage) 18J65 Off-Street Parking and Loading Requirements) 18.780 Signs� 18.790 ree moval} 18J95 isual Clearance) C. Street and Utili Im tvvement Standards 18.810 D. Im act Stu 1 .39 SECTION VI. APPLICABLE REVIEW CRITERIAAND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other app%priate conditions of approval can be me� There are certain uses wluch due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Pursuant to TDC Table 18.520.1 a "transit station" requires a Conditional Use perniit in the C�D zone. The transit station, as proposec�,.consists of a station platform and appurtenances for the 14.7-mile Washington County Commuter Rail. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Typ e III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria containe-d in Section 18.330.030A and subject to other requirements in Chapter 18.330. The applicant has prop osed a new conditional use,the commuter rail station platfomrn,which is processed as a Type III-HO pr�ocedure and is subject to the General Approval Cxiteria for a ConditionaI Use Section 1 8.330.030.A, A dditional Conditions ofAp proval for Condit�onal Use Section 18.330.030.B, and Additional Develo pment Standards for Conditional Ue T y pes Section 18.330.050,below. GENERAL APPROVAL CRITERIAFORACONDITIONAL USE: SECTION 18.330.030.A ?he site size and dimensions pr�ovide adequate area for the needs of the proposed use; The proposed improvements subject to the conditional use standards include the ap roximately 2 890 square foot commuter rail station platform measuring 20 feet wide by 145 feet. New � to the sout�i are being realigned to accommodate the platform location,consistent with this standard. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The subject site is currently developed as a railroad r�ht-of-way. The proposed commuter rail line improvements from WiLsonville to Beaverton include the design of the Tigard station platform The site is suuable for the proposed developm�ent. All required public facilities have adequate capacity to serve the proposal;and The site is fully developed and seroed by public facilities. All public facilities including streeu, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in tivs report. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the �D zoning district. As indicated earlier, transit stations are pernutted conditionally. As discussed later in this report,the project will meet the applicable requirements of the zoning district. TRIlvIET QOMMUIER RAII.STATION PAGE 6 OF 28 12/11/06 PUBLIC HEARING "RE VISE D"STAFF REPORT TO TT�HEARINGS OFFIC�R The applicable requirements of 18.330.050. Section 18.330.050 contains additional development standards for conditional use types.The proposed"txansit station" type is not a listed use under this section.Therefore,this standard does not apply. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs,and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The ap licable review criteria in this case include the following chapters of the Community Development Code: �8.330, Conditional Use; 18.360, Site Development Review; 18.370 Variances and A1�ustments� 18.390 Decision Making Procedures; 18.520, Commercial Zonin Districts; 18.705, Access, gress anc� Circulationi 18.725, Env�ronmental Performance Standards; 18J�5, Landscaping and Screerung; 18J55, Mixed Solid Waste and Recy�lables Storage; 18.765, Off-Street Parkin , r8.7$0, Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility�mprovement Standards. The development standards and requirements of these chapters are addressed further m th�s repon. The proposal contains no elements related to the provisions of the following c�hapters: 18.350, Planned Development; 18.380 Zoning Ma /Text Amendments; 18.410,. Lot Line Adjustments; 18.420, Land Partitions; 18.430, Su�divisions; 18.�10, Residential Zorung Distncts; 18.530, Industrial Zon��n� Districts; 18.620, Tigard Triangle Des��gn Standards; 18.630 Washu�gton Square Regional Center, 18.64D Durham Quarc Design Standards; 18.710,Accessory Residential Uruts; 18.715,Density Compu�tations; 18.720,Design C�ompatibility Sr,andarcls; 18J30, Exceptions to Development Standards; 18.740, I�istoric Overla yl 18J42, Home Occupations; 18J50, Manufactured/Mobile Home Regulations; 18J60, Nonconfornung SnUations; 18.775, Sensiuve Lands• 18J85, Temporary Uses; and 18J98, Wireless Communications Facilities. These chapters are,therefore,found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are,therefore,assured bysatisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above,the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE: SECTION 18.330.030.B. This section states that the Hearings Authority may impose conditions on the ap�proval of a conditional use which are found necessary to ensure the use is compadble with other uses in the vicinity, and�that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; The applicant has.indicated that Commuter Rail is scheduled to nu1 weekdays every 30 minutes in the morrung and everung peak hours (6-9 am and 3-6 pm). The prop osed conditional use �s the Tigard transit station platform. There is no evidence in the record to suggest that there is a need to limit the hours,days, �lace and or manner of operation for the impacts of the proposed use on the surrounding uses and public acilities. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposed transit station platform would not likely enerate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character�or the use. There �s no evidence in the record to suggest that there is a need for additional design features for the impacts of the proposed use on the surrounding uses and public facilities. Requiring additional setback areas, lot area,and/or lot depth or width; TRL'v1ET COT�IMUTER RAIL STATTON PAGE 7 OF 28 12/11/06 PUBLIC HEAAING "REVISED"STAFF REPORT TO T�HEARINGS OFFI�R The railroad right-of-way is preexisting and the proposed transit station platform and trackway upgrades have been designed accordingly. The proposed transit platform is designed to meet the operational requirements ot the Commuter Ra�l line. Limiting the building height, size or lot coverage, and/or location on the site; No buildings are proposed with this development. The proposed transit station platform and trackway upgrades have been designed to meet the operational requu-ements of the Commuter Rail line. Designating the size, number, location and/or design of vehicle access points; The proposed transit station platform would be accessed by rail, service road, and paved walkways. Any vehicle access points will be strictly controlled by the railroad and ODOT Rail. Access to the proposed park-and-ride is addressed in the Site Development Review section,below. Requiring street right-of-way to be dedicated and street(s) to be improved; The applicant has proposed.to dedicate and improve SW Main Street as necessary. The specifics of the improvements are discussed ui more detail in the street and utility section of this report. Requiring landscaping,screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report with.respect to the� prop osed park and-ride lot. As conditioned,the proposal will meet the prescribed requu-ements of the TDC. Limiting the number, size, location, height and/or lighting of signs; The applicant has not addressed signs in their proposal. Compliance with the sign requirements for the underIy�ng zone will be considered once a sign apphcation is su6mitted and a design is reviewed. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has indicated in the narrative and pl�an� set that the transit station platform will be lit to meet operational and safetystandards for Commuter��ail. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No screening or landscaping is pro osed in,association with the tr�ansit station platform as it is located within the railroad ri ht-of-way. �andscaping in association with the proposed park and-ride lot is discussed below in the�andscapuig and Screerung section of this report. Requiring and designating the size, height, location and/or materials for fences; The applicant is not proposing anyfences for the transit station platformportion of theproposal. Fencing in association with the proposed park and-ride lot is discussed later in the Landscaping and Screening section of this report. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitatareas and/ordrainage areas; The subject railroad right-of-way and adjacent parcels have been developed for over the last 100 years. The applicant's Grading plan (Sheet B-4a) ident�fies several trees adjacent to the existing bus transit station, some of which w�ll be retained and others removed for the proposed accesswaybetween the existing station and the proposed platform. There are no existing naturaZ resources to protect or preserve within the railroad right-of:way. I3rainage of the project area is proposed to be detained and treated in a ditch within the railroad n�g�ht-of-way and then passed by e�sting pipes to Fanno Creek. Dra.inage is addressed in the Street and Utilities section of this report. TRIIvIET OOMMIIIER RAII.STA'IION PAGE 8 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORTTO'IT-IE HEARINGS OFFICER Requiring the dedication of sufficient open land area for a greenway adl'oining and within the floodplain when land form alteradons and development are allowed within the 100-year floodplain; and The subject site, at elevation 163 feet, is approximately 550 feet east of the floodplain of Fanno Cxeek, at elevation 150 feet. The project is not located in the 100-year floodplain. Other than regrading for new ballast for the rail realignment, no land form alterations are proposed ui this application. Requiring the consttuction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subJ'ect site is not within or adjacent to the floodplain for Fanno Creek. Therefore, this standard does not apply. FINDING: The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessaryto ensure the use �s compatible with other uses in the vicinity,,and.that the impact of the proposed use on the surrounding uses and public facilities �s m�nim,�ed. Staff recommends the Hearuigs Officer approve the commuter rail transit station platform and appurtenances, as proposed. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050. FINDING: Section 18330.050 contains additional development standards for conditional use types. Although the proposed"transit station" is a condiuonal use in the C�D zone,it is not a Iisted use under this section. "Non-Accessory Parking" is a listed use under this section, but is not sub ject to the standard as it is a pernnitted use m the C�D zone. Therefore,this standard does not apply. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DE VE LOPME NT RE VIE W(18.360� 18.360.030 Approval Process Site development review for a new development shall be processed ttsing approval criteria contained in Section 18.360.090. The proposed tr�ansit station and park and-ride lot are subject to the site development review standards,below. 18.360.090 A,pproval Criteria The Director shall make a finding with respect to each of the following criteria when appmving, approving with conditions, or denying an application: The following criteria do not ap ly to the proposed development: 3. Exterior elevations of buildings, 5. Privacy and noise for multi-f�y or group living uses 6. I'rivate outdoor area for multi-family use, 7. Shared outdoor recreation areas for multi-fanvlyuse and 8. Development within or adjacent to the 100- year floodplain. Findings for the applicable criteria fo�low: Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; Compliance with the applicable re quirements of this title, including Chapter 18.810, is ensured through the review of the ap plicable standards in this report.However,.the sub'ect site is constrained bythe width of the e�sting railroad right-of-way,which will requu-e an access width an�spacing adjustment for the proposed vehicle access from SW Maui Street. Although the subject site size and configurauon is not adequate to meet the access standards, the adjustment criteria can be met as conditioned above and descnbed in the Variance section of this report,below. 'IRIMET O�MMLrIER RAII_STATION PAGE 9 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO THE HEARINGS OFFI�R 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve exist�n trees, topography and natural drainage where possible based upon existing site conditions; �2) �ocated in areas not subject to ground slumping or slidin�; (3� Located to provYde adequate distance between adjoinin buildin�s for adequate l�ight, air circulation, and fire- fighting; and (4) Oriented with consi�eration tor sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant has not proposed any buildings. The proposed transit platform and park and-ride lot are located on previously developed railroad nghts-of-way. The tree plan includes retainin one of eight existing trees on site. Tree preservation and mitigation are addressed in detail in the�ree Removal Chapter, below. 4. Bufferin�, screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, for example, between single- family and multiple-family residential, and residential and commercial uses, and the followin factors shall be considered in determinin�the adequacy of the type and extent of the buffer. (� The pu ose of the buffer, for example to ecrease noise levels, absorb air pollution, filter dust, or to provi�e a visualbarrier, (2) The size of the buffer re_quired to achieve the purpose in terms of width and height; (3) The direction(s) from which buttering is needed; (4) The required density of the buffering; and (5) Whether the �newer is stationary or mobile. The site is located within Central Business District zoning designation and is bordered by like commercial uses including TriMet's bus transit center to the north and several boat and auto storage and service businesses to the south. No residential uses exist adjacent to the site. Buffering and screening is further addressed in section 18.745, below. On site screening from view from ad'oining properties of such things as service areas, storage areas, parkin lots, and mechanical �evices on roof tops, i.e., air coohng and heating systems, shall be�p rovi�ed and the followin factors will be considered in determining the adequacy of the type andextent of the screening: (� What needs to be screened; (2) The direction from wtuch it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and 5. Whether the screening needs to be year around. According to the apPlicant's narrative and plan set (Sheet B-2a, number 13 and 2b, number 8), the proposed park and-ride parking lot will be screened from view from the adjacent properties to the south by a 6-foot slatted cha�n link fence which extends approximately 950 feet along the project's entire southern border. The north side of the lot is not screened from view as seen from the railroad right-of- way.No other features cited above are a part if this application. 9. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site improvements sha11 be designed so that public areas such as streets or public, gathering places, semi-public areas and pnvate outdoor areas are clearly defined to establisi� persons 1�aving a ri ht to be in the space, to provide for crime prevention and to establish maintenance respons�ility; and These areas may be defined by,but not limited to: 1 A deck, patio low wall, hedge, or draping vine; 2 A trellis or ar�or, 3 A change in elevation or grade; 4 A change in the texture o}the path material; 5 Sign; or 6 Landscaping. TRIMET O�MMUI'ER RAII_STATION PAGE 10 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO T'HE HEARINGS OFFI�R According to the applicant's narrative and site plan, the proposed 'unprovements are designed with defensible space guideluies that include clear lines of sight and visibility of public waiting areas, use of trees rather than shrubs to assure good visibility and avoid hiduig laces, use of l�ghting to avoid dark spaces, and placement of telephones on the station platforrn with �ree 911 access. To turther address cnme prevention the applicant plans to unplement secunty and emergency plans and protocols with all emergency provic'lers along the commuter Rail system prior to uuuating service: The Caty of Tigard Police Department Crime Prevention officer reviewed the proposal and had no objection to it. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Intenor laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shalIbe selected and the angles shaIl be oriented towards areas vulnerable to cnme; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parkin lots, stairs, ramps and abrupt rade chan es. Fixtures shall be placed at a height so that�ight patterns overlap at a heig�t of seven�eet which is sufficient to illuminate a person. This standard ap lies primarily to dwellings and buildings. Lighting is proposed in areas of heavy �edestrian and ve�icular traffic mcludin the station platform and park and-ride as shown on Sheets B- Oa-f. However, lighting is not provided�or the multiuse path linking the park and-ride with SW Hall. As conditioned below, in the Commercial Zoning District section of tivs report, the applicant shall provide lighting, consistent with this standard. 11. Public transit a. Provisions within the plan shall be included for providing for transit if the development p�roposal is adjacent to or within 500 feet of existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area• and(2) The size andtype of the proposal. c. The followin� g faci�ities may be re uired after City and Tri-Met review: (1) Bus stop shelters; (2) Turnouts forbuses; and�3) Connecting paths to the shelters. The proposed Commuter Rail station and park and-ride parking lot are themselves TriMet public transit improvements,consistent with this standard. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the o en space and recreation area requirements of subsections 5 and 6 above, a minimum o�20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. A minimum of 15 percent of the gross site area shall be landscaped. The applicant's narrative states that the prop�osed landscaping has been designed in accordance with Chapter 18.745 as shown on Sheets B-Sa-c. The standards of Chapter 18.745 are reviewed below. The open space and recreation requirements of subsections 5 and 6 pertain to multi-family housing and are not applicable. The applicant's narranve states 18.15% of the gross site area is landscaped (14,043 square feet 0}77,368 total square feet), consistent with this standard. 13. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant's narrative states that the proposed drainage plans .(Sheets B-4a and b) are consistent with the 1981 Master Drainage Plan. As conditioned above and reviewed below in the Street and Utilities section of this report,the drainage plan will be consistent with this standard. 1TtIMET COMMLrIEA RAII_STA'ITON PAGE 11 OF 28 12/11/OG PUBLIC HEARING "RE VISE D"STAFF REPORT TO Tf IE HEARINGS OFFICER 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and The app licant's narrative states that the station and park and-ride have been designed in conformance with all applicable ADA and state regulations, including provision of five ADA designed spaces as shown on Sheet B-9a and b of the plan set,consistent with this standard. 15. All of the provisions and regulations of the underlying zone shall ap 1y unless modified by other sections or this tide, e.g., Planned Developments, Chapter 18.�50; or a variance or adjustrnent granted under Chapter 18.370.i (Ord. 02-33) As reviewed in this report below, all of the provisions and regulations of the underlyin Central Business District zone, including Section 18.520.0608 Additional Development and Design �uideluies, and the Variance and Adjustment Chapter 18.370, appiy FII�ING: The proposal does not meet all of the Site Development Review standards, but as conditioned in the findings further in this report,the applicable standards can be met. VARIANCES AND AD USTMENTS 18.370 Adjustment to access an egress stan a s Chapter 18.705). In all zoning districts where access and egress dnves cannot be readily desi ned to conform to Code standards within a particular parcel, access with an adjoining prope� tty s�all be considered. If access in conjunction with another parcel cannot reasonably be acIueved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure,as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. The_applicant has requested two adjustments to the access and egress standards for both the driveway spacing standard (18.705.020.H.3) from the reguired 200 feet to ap proxi.mately 35 feet, and the driveway width standard (18.705.020;p from the required50 feet to 24 feet tor access to the park and-ride lot off of SW Main Street. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the foIlowing criteria: (1) It is not possible to share access; The applicant's narrative states that there are driveways.on adjacent parcels that are less than 200 feet from the proposed access �point and that shared access �s not feasible iven site constrains and impacts associated with the rail corridor. However, there is no evidence in the�ile showing that ad'acent property owners have been asked to share access. The adjacent property to the west includes a �5-foot parallel access to the proposed park and-ride,which could be used to reduce both of the variances requested. The existin access, in combination with the adjacent access would meet the 50-foot sin gle access requirement and re�uce the requested adjustment to the spacing standard by appro�mately 65 }eet from lb5 feet to approximately 100 feet. It may be possible to share access to meet the access width stan�.ard. (2) There are no other alternative access points on the street in question or from another street; The pro'ect site has approximately 152 feet of frontage on SW Main Street. The fronta e is constrained by the rail �es to the east and associated signage and signaling, utilities, sidewallss an� landscaping. The subject site.does also front on SW Hall Boulevard, an arterial, to the east. However, access onto SW Hall conflicts with the 600-foot access spacin standard for artenaLs. SW Commercial and SW Bumham are both within 600 feet of subject site.In a�ition, the railroad crossing unmediately adjacent would present other complications with intersection and rail traffic control. The Cit�s TSP shows a future extension of SW Ash Street connecting SW Bumham and SW Commercial Streets across the subject site. However, the Cityhas not yet acquired the right-of-w�_ay from SW Burnham to the sub'ect site. C�urre�n�tly, there are no other alternative access points �rom SW Main Street, or SW Burnham�treet and SW Hall Boulevard. TRIMET�MMCIIER RAIL STATION PAGE 12 OF 28 12/il/06 PUBLICHEARING "REVISED"STAFF REPORTTO'IT-IE HEARINGS OFFICER (3) The access separation requirements cannot be met; The pro osed access is within 200 feet of four p�arking lot accesses and both SW Commercial and Tigard Streets. �e proposed access is restricted to within a 7�-foot front�ag e on SW Main between the proposed rail ali�,nment to the east and the ad'acent property to the west. Therefore, the required 200 foot access separation for a driveway onto SW�in,a collector, cannot be met. (4) The request is the minimum adjustment required to provide adequate access; The applicant has not submitted evidence showing that shared access with the adjacent property to the west �s not possible. If shared access is available, the requested adjustment could be reduced from the e�cisting proposal of app roximately 165 feet to approxunately 100 feet. Without determ;,,;r,g that shared access �s not possible, the requested adjustment f or the access spacing and driveway width may not be the minunum required to provide access to the park and-ride lot. (5) The approved access or access approved with conditions will result in a safe access; and The pro�posed traffic control measures include right-in and right-out only and a center median. As reviewed below in the Access and Egress section of this report, the access can be approved with conditions of approval that will result in a safe access. (6) The visual clearance requirements of Chapter 18.795 will be met Plan Sheet B-13 demonstrates that the visual clearance requirement of Chapter 18.795 will be met. FINDING: The applicant has not demonstrated that shared access with the ad'acent parcel to the west �s not available. Therefore, staff in not able to deter�nine � the request is the minimum adjustment required to provide adequate access. With the following condition of approval,the proposed access may be approved. CONDITION: The applicant shall make a good faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a letter to that affect from the property owner shall be submitted to the City. If shared access is available, the applicant shall submit a revised plan set that incorporates the shared access that meets, or is the miniinum adjustment necessaryto meet,the access width and spacing standards. COMMERCIAL ZONINGDISTRICTS(18.520� CBD: Centra Business District T e CB zorung district is designed to provide a concentrated central business district, centered on the City's historic downtown,including a mix of civic,retail and office uses. Single-family attached housing, at a maximum density of 12 umts/net acre, equivalent of the R 12 zonin�district, and multi-family housing at a minimum density of 32 units/acre, equivalent to the R 40 zoning district, are pernutted outright A wide range of uses, including but not limrted to adult entertainment, utihties, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations,are perniitted condtionally. The proposed Commuter Rail transit station and park and-ride are located within the Central Business Distnct and are classified as "basic utilit�' and "non-accessoryparking" uses, respectively. Basic utilities in the Central Business District require a conditional use pernut as shown in Table 18.520.1. Non-accessory parking is a permitted use in the Central Business District sub�ect to site development review standards. Section 18.520.040 states that all proposed developments must comply with all of the applicable development standards in the underlying zomng district, except where the applicant has obtained variances or ad'ustment in accordance with Chapt�ers 18370; and must comply with all other applicable standa�s and requirements contained in this title. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TRIMET O�MIv1[JIER RAIL STATION PAGE 13 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO THE HEARINGS OFFICER TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD CBD Pro osed Minimum Lot Size None 77,368 sf - Detached unit - - - Boarding,lodging,rooming house - - Minimum Lot Width None 1521ineal feet at Main St. Minimum Setbacks - Front yard 0/30 ft�u1 0-fooc setback; - Side facing street on corner&through lots �'1 0/30 ft�u� Does not abut a residential - Side yard 0/30 ft�u1 zoning district - Side or�ar yard abutting more restrictive zoning district - - Rear yard 0/30 ft�u1 - Distance between front of garage&property line abuttin - a ublic or rivate street Minimum Building Height N/A Platform is 4 feet and shelter is 16 fc � h Maximum Buildin Hei ht 80 ft��1 N/A Maximum Site Covera e��1 85% 82% Minimum Landsca e Re uirement 15% 18.15% Minimum FAR�'� N/A N/A Minimum Residential Densi I4][5][6] N/A N/A Maximum Residential Densi [41[s1t61[n N/A N/A [1]The provisions of Chapter 18.795(V'uion Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces Based on the inforn�ation provided in the narrative and on plan set Sheets B-2, 3, 5, and 8, and as shown in the table above,the development standards in the C�D commercial zone are satasfied. Section 18.520.060.B, Additional Development and Design Guidelines, provide for Interim requirements in the CBD zone. In the absence of an adopted design plan, the following issues under Subsection B.l.a must be addressed for new developments as necessary to serve the use anc� provide for pr�'ected public facility needs of the area, pursuant to Cha�ter 18.810 as deternuned by the Director. �he City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: On September 26, 2006, the City Center Development Agency('I"igard City Counci� adopted, by Resolution No. 06-02, the Ti�xnl Do�er¢aze�z Str�s�e D�sign Plan as the �.0 gdocun�ent for unp rovements to Downtown streetscapes,gateways,�ublic��sp aces, and green streets. Th�e I'lan (p�ag e I-9) identifies a Multi-Use Path that tr•averses the su6J�ect site trom SW Hall Boulevard to SW Main Street. The Plan further describes the multiuse pathway(page I-14) as being parallel to the par access way and developed.from Hall to the north as a rail-to-trail project. Although the 5treetscape Desig�was adopted by resoluuon, it has not yet been codified by the City. It is expected that the Plan will be uico�rporated uito a revised TSP during the ongoing Comprehensive Plan Review over the ne�rt several years. Therefore, the Streetscape Design Plan can be considered an uiterim requirement in the CBD zone. Pursuant to Section 18.810.040.B.2, as reviewed below, bicy�le and pedestrian connections on public easements or rights-of-way shall be provided when full street connection �s not possible. Therefore, to meet the projected public facility needs of the CBD area, the City may attach concCltions to the proposed new development to ach�eve the following objectives: The development shall address transit usage by residents, employees and customers if the site is witlun 1/4 mile of a public transit line or transit stop. Specific items to be addressed are as follows: (a) Orientation of buildings and facilities toward transit services to provide for direct pedestrian access into the building(s) from transit lines or stops; TRA�ET OOMM[JIER RAIL STAITON PAGE 14 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO'II-�E HEARINGS OFFI�R (b) Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossin s in automobile circulation/�parking areas. If pedestrian access crosses automobile circ�ation/parking areas,paths shalibe marked forpedestrians; (c) Encouraging transit-supportive users by limiting automobile support services to collector and arterial streets;and (d) Avoiding the creation of small scattered parking areas by allowin adjacent developments to use shared surface parking,parking structures,or under-structure pa�ng; The proposed Commuter Rail is comprised of a station platform transit facility and a park and-ride lot. Pedestrian circulat�on between the lot, the Commuter Rail station, and T'�ard Transit Center has been designed with clearly marked pedestrian paths as shown in plan Sheet B-2a,cons�stent with these standards. The development shall facilitate pedestrian/bicycle cir�culation if the site is located on a street with designated bike aths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as�ollows: The sub'ect site extends from SW Main Street to SW Hall Blvd. SW Hall Boulevard is designated as a regional Access �ikeway.in the Cit�s Transportation System Plan. The subject site is also designated as a rail-to-trail f acility and mulu use path ui the Ti�Doz�orvz Str�tscape Dei�re Pla�z Rail to trail or rail and trail f acilities can be considered linear open space pathways or parks. Therefore, the development shall facilitate pedestrian/bicy�le circulat�on pursuant to the tollowing applicable items: (a) Provision of efficient, convenient and continuous pedestrian and bicycle transit circulation systems linking developments by requiring dedicahon and construction of pedestrian and bike paths i�entified in the comprehensive plan. If direct connections cannot be made, require that �unds in the amount of the constYUCtion cost be deposited into an account for the purpose of consttucting paths; The City adopted its Transportation System Plan (T5P) in 2002, which is incorporated into the Cit�s Comprehensive Plan.In 2006 the City Center Development Agency adopted the Downtown Streetscape Plan, an u7tenm requirement in the C�D zone. The applicant's narrauve acknowledges the Streetscape Desi n Plan's "rail to trail" corridor through the site and states that the proposed deveIopment does not precl�e unplementation of the multi-use path in the future. However, the code re�uires new development to f acilitate_pedestrian/bicycle circulation. A continuous connection between the W Hall regional bike f acility and the C�ommuter Rail station and the beg�iruiing of the rail-to-trail facilitywould provide an efficient and converuent addition to the bicy�le and pedestnan system in the C�D. Therefore, as a condition of approval, the applicant shall submit a revised site plan showing a multipurpose �ath from SW Hall to the prop osed park and-nde in lieu of the unnecessaryprop osed emergencyaccess road. The City has budgeted funds for a detailed des�gn of the multiuse path,which wi11 be made available to TriMet for use ui its revised site plan and construction drawings for the facility. (b) Separation of auto and tiuck ci�ulation activities from pedestrian areas; No truck circulation is proposed or expected within the Commuter Rail station and park and-ride lot. Theref ore,this item is not applicable. (c) Encouraging pedestrian-oriented design by requirin� pedestrian walkways and street level windows along all sides with public access into the bwlding; No buildings are proposed,therefore,tivs item does not apply (d) Provision of bicycle parking as required under Subsection 18.765.050;and TRIlvIET OOMNIUTER RAIL STATTON PAGE IS OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORTTOTI-IE HEARINGS OFFIC�R Pursuant to Table 18.765.2, no minim�n parking is required for the basic utility or non-accessory parkin uses. However,the applicant's narrative and plan set (Sheet B-2a,number 20,and E�ibit I,Bike Rack Detai� demonstrate that nine parking spaces have been proposed consistent with the design requirements of subsection 18.765.050.� (e) Ensure adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. The proposed.pedestrian and auto circulation areas are provided with outdoor lighting as shown in the plan set and uidicated ui the narrative, consistent with this standard.However,the mulupurpose pathwa between the proposed par�k� and-ride and SW Hall Boulevard has not been included in the proposed plan. �erefore, the applicant shall submit a revised plan demonstrating that adequate outdoor lighting�s provided for this portion o}the site. Coordination of development within the action area. Specific items to be addressed are as follows: (a) Continuity and/or compat�bility of landscaping, ci�ulation, access, public facilities and other unprovements. Allow re uired landsca�ping areas to be grouped together. Regulate shared access where appropriate.Pro�u�it li hting which shines on adjacent properiy� (b) Siting and onentation of lan� use which considers surnounding lanc� use, or an adopted Qlan. Screen loading areas and refuse dumpsters from view.Screen commer�cial and industrial use}rom single:family and residential uses through landscaping;and (c) Provision of frontage roads or shared access where feasible. The Cary seeks to implement the Downtown Impro� vement Plan and the T'igard Downtown Streetscape Design Plan within the Central Business District. 'I'riMet has worked closely with the Ciry to design and im lement the commuter rail rol'ect ' rovements in the �ty of'I�igard,pursuant to the 2002 IGA between commuter rail cities and TriMe. In addi on,the O�ctober 7 2004 MOU between the Caty and TriMet outlines the Commuter Rail Access Plan for improving access to�pu�lic transit in the comdor,including pedestrian and bicy�le access unprovements. Both the g�udin� rincipals and scope of this document idenufy pedestrian and bike connections to the proposed commuter�stauon.The mult�use path identified in the Tigard Downtown Streetscape Design Plan is such an access improvement. FTNDING: Not all of the Additional Development and Des�ign Guidelines, which provide for Interim requiremenrs in the CBD zone, have been met. However, with the following conditions of approval the applicable standards may be met. CONDITTONS: . Prior to issuance of a site or building pernzit, the applicant shall submit a revised site plan showing a multiuse pedestrian and bicy�le path from SW Hall to the�proposed �ark and-ride in-lieu of the roposed eme en access road. The City wiIl provide riMet with a detailed design o} the multiiue path, which will be made ava�able to TriMet for use in its revised site plan and construction drawings for the facility. . The applicant shall submit a revised site plan demonstrating that adequate outdoor lighting is provided for the multiuse path portion of the site. ACCC;E SS,E GRE SS AND CIRCLJI.ATION(18.705 No uilding or o er permit s al e issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be �ulfilled. The applicant shall submit a site plan. The applicant submitted a plan set that shows one 24-foot wide access onto SW Main Street where two 24-foot accesses or one 50-foot access is required. The access spacing standard also cannot be met as shown below in this section. These criterion are not satisfied, but may be sat�sfied if the conditions of approval for access and egress required in this report are met. All vehicular access and e�ress as required in Sections 18.705.030H and 18.705.030I shall connect direcdy with a public or pnvate street approved by the City for public use and shall be maintained at the required standards on a continuous basis. TRII�gT�MMCTIER RAII_STATION PAGE 16 OF 28 12/11/OG PUBLICHEAAING "REVISED"STAFF REPORTTOTfiE HEARINGS OFFI�R The site has frontage on SW Main Street, a public street, consistent with this standard. Required Walkway Location On-site pedestrian walkways shall comp1y with the followin� standards: Walkways shall e�end from the ground floor entrances or trom the �round floor landing of stairs, ram�s, or elevators of all commercial, institutional, and industrial uses, to the streets which provrde the required access and egress. Walkways shall provide convenient connections between buildings in multi-buildin�g commercial, institutional, and industrial complexes. Unless impract�cal, walkways shalI be constructed between new and existing developments and neighboring developments; The applicant's.narrative and plan� set show the required walkways linking the proposed platform and ramp wrth the sidewalk on SW Main Street through the proposed park and-nde and to the ex�sting Transit Center, consistent with this standard. 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 6-inch vertical separation(curbed) or a minimum 3-foot horizontal separat�on, except that pedestrian crossings of traffic aisles are perrnitted for distances no greater than 36 feet if appropnate landsca�ing, pavement markings or contrasting pavement matenals are used. Walkways s-hall be a mirumum of four feet in wic�th exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, anc� sign posts,and shall be in compliance with ADA standards; The applicant's plans show there are no required wall�vays crossing the vehicular access or parking,area. The plans indicate the proposed sidewalks are concrete and meet the m.iniinum required width, cons�stent with this standard. Req�uired walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, bricic, etc. Walkways may be required to be lighted and/or signed as needed for safety pu�poses. Soft-surfaced pubIic use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposin�g to construct all sidewalks with concrete materials, and the proposed lighting will light the proposed walkw�ays,consistent with this standard. Access Mana ement Section 18.705.030.H): Section 18.70�030.H. states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer, URS Corporation, provided a preliminary sight distance certification for the proposed access location onto Main Street. The posted speed on Main Street is 20 mph requiring a m�n�mtun of 200 feet of sight distance. The enguleer states that since the access will be restricted to a right-in/right-out only movement, only the sight distance for eastbound traffic was measured. The enguleer measured the sight distance from the proposed access to the west to be in excess of 300 feet. Prior to final inspections, the engineer shall submit to the engineering department a final sight distance certification based on post-construction measurements. Section 18.705.030.H.2 states that driveways shall not be permitted to be �laced in the influence area of collector or arterial street intersect�ons. Influence area of intersect�ons is that area where queues of traffic commonly form on a�proach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-ot- way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report subm�tted by the applicant's traffic engineer. In a case where a project has less 1RIMET O�MT4UIER RAII.STATION PAGE 17 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO THE HEARINGS OFFIC�R than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The applicant states that the proposed driveway is not within the influence area or a collector intersection; however the dnveway�s only about 60 feet from the intersection of Main Street and Tigard Street. The limited frontage length does not allow for a different placement of the proposed driveway and therefore, can be considered placed as far from the intersection as possible. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets alon a collector shall be 200 feet The minimum spacing of driveways and streets alon an arterial s�all be 600 feet The minimum spacing of local streets along a local street shall be 12� feet. The proposed driveway does not meet the minunum 200 feet spacing standard for a Collector. The applicant has. applied.for an adjustment for this standard, which is reviewed and conditioned in the Vanance section of tlus report,above. Section 18.705.030 J includes minimum access requirements for commercial uses. Table 18.705.3 shows the minimum number of driveways required, minimum access width, and minimum pavement width for commercial uses depending on the number of required parking spaces. The proposed park and-ride lot contains 102 spaces. Table 18.705.3, for parking lots in excess of 100 spaces requires either two drivew_a_ys with 30 feet of access and 24 feet paved, or one driveway with 50 feet o�access and 40 feet paved. The applicant prop_oses one access 24 feet wide and 24 feet paved. The m;�;mum access width requirements are not met. The applicant has applied for an adjustment for th�s standard,which is reviewed and conditioned in the Variance section of tFi�s report, above. FINDING: As the above analysis shows, the proposed develo�pment does not meet all of the Access and Egress standards. However, with the following condition of approval, the standards can be met. CONDITION: Upon completion of the imp rovements within the public ROW, the applicant's engineer shall submit a final sight distance certification. ENVIRONMENTAL PERFORMANCE STANDARDS-CHAPTER 18.725: Requires that ederal an state environmenta laws, ru es an regu ations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions,vibration and odors. Noise. For the.puxposes of noise regulation, the provisions of Sections 7.41.130 tl�u�ough 7.40.210 of the Tigard Murucipal Code shall apply. Visible Emissions. Within the Conunemial zoning districts and the Industrial Park (I.P) zoning district, there shall be no use, operation or activity which results in a stack or other point- sour�e emission, other than an emission from space heahng, or the emission of pure uncombined water (steam) which is visible from a pro erty line. Department of Environmental Quality(DE� n�les for visible emissions (340-21-015 and 3�0-2$-070) appIy. V'ibration. No vibration other than that caused by highway vehicles, trains and aircraft is pernutted in any given zoning district, which is discernible without instriunents at the propeity line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any oint beyond the property line of the use creating the odors is prohibited. DEQ nxles for odors (340-0�8-090) apply. TRIlvtET COMMLTfER RAIL STATION PAGE 18 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO TI�HEARINGS OFFIC�'R Glare and heat. No direct or sky reflected glare, whether from floodl'ghts or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise perrnitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations,odors,glare and heat,or insects and rodents would resuIt from this specific development. FINDING: Based on the inforn�ation provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in quesuon and it was subsequently found that the use was out of comp liance with any of the a�ove standards, the property owner would be sub'ect to code enforcement, court review, possible fines, and revocation of the Condition�Use Pernut. LANDSCAPING AND SCREEIVING- CHAPTER 18.745: Street trees: Section 18.745.040 states at all eve opment projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required 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 project has frontage on SW Maui Street. The app licant has indicated in the narrative and on the site plan that they intend to plant street trees alon� gthat trontage of SW Main Street, but have specified trees that are not mcluded on the Cit�s Street Tree List. Therefore, the �applicant shall submit a rev�sed landscape plan showing street trees mcluded on the City of Tigard Street Tree L�st. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed commercial developments in the CBD are adJ'acent to like commercial uses, which do not require buffering,pursuant to the Suffer Matrix in Table 18.745.1 Screening ofp arking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features, which effectively screen the parking lot areas from vrew. These design features may include the use of landscaped berms, decorative walls and raised planters; As shown on Exhibit B, Sheets B-2a and B-Sa-c, the proposed parking lot screening and landscaping meets the applicable standards. The parking lot is screened from ad acent properties bya 6-foot lugh chain link fence wnh slats (which qualifies as screening pursuant to 18.74�.OSO.E.8.d). Trees shall be planted in landscaped islands in all parkin�areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and The applicant's plan includes 131andscaped islands.The islands are a minirnum of 7 feet by 16 feet in size. The �s7ands include a total of 22 trees, or 1 f or every 4.7 spaces,consistent with this standard. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan shows trees planted within 7-foot planter strips with curbs,consistent with this standard. TRIMET O�MMCTIER RAIL STATION PAGE 19 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO THE HEAFtINGS OFFICER Screening of service facilities. Except for one-family and two-family dwelling s, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would othenvise be visible from a public street customer or resident parking area, any public facility or any residential area shall be screened �rom view by placement of a solid wood fence or masonry wall between five and eight feet in height All refuse materials shall be contained within the screened area; The applicant intends to utilize the solid waste facilities of the ad'ouung Bus Transit Station. These facilities have not been described in the application materials. There�ore, as a condition of approval� the applicant shall submit a plan and elevation drawings demonstrating all service facilities are effectively screened from view. FINDING: The propos�al does not meet all of the requirements of the landscaping and screening chapter.With the following conditions of approval these standards can be met. CONDITIONS: . The applicant shall submit a revised landscape plan specifying trees included on the C.aty of Tigard Street Tree List for the required street trees on SW Main Street. . The ap licant shall submit a plan and elevation drawings demonstrating all service�acilities are effectivelyscreened from view. Mixed Solid Waste and Recyclables Storage (18.755� Chapter 18.755 re qu_ires that new construct�on incorporate functional and adequate space for on- site storage and e�ticient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. FINDING: The applicant proposes to utilize the ad'acent e�sting T'igard Transit Center solid waste and recyclu7g facilit�es. Exhibit O, Sheet �1 shows two waste receptacles on the proposed commuter rail �platform. It is reasonable to expect that this additional volume can be accommodated by the existing f acility,consistent with th�s standarci. OFF-STRE ET PARHING AND LOADING(18.765� Vehicle parking plan requirements. No buil ing or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulat�on requirements are to be fulfilled. The applicant shall submit a site plan. The ,applicant has submitted,a narrative and plan set showing how access, egress, and circulation requirements are fulfilled, cons�stent with this standard. The applicant proposes 102 parking spaces. Pursuant to Table 18.765.2, No minim� OT m1XitTlum parking spaces are reqtured tor the transit and non-accessory parking uses proposed. Therefore, this standard�s met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; As discussed earlier in this report, this criterion is not satisfied. However, the applicant has applied for an adjustment as reviewed and conditioned above in the Variance section of this report. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 'IRIlvIET�MMLTTER RAIL STATION PAGE 20 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO T'HE HEARINGS OFFICER Vision clearance is discussed later in this report. This criterion is satisfied. Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the access and all parki.ng areas. Tfvs standard is satisfied. Excludin single-family and duplex residences, except as provided by Subsection 18.810.030P, groups o�two or more parking spaces shall be served by a service dnve so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by twaway access within the northern portion of the project adjacent to the C:ommuter Rail station and one way access for the southern portion of the park and-ride lot. The proposed des��ig n allows room for ve�ucles to turn around and enter the street so that no backing movement will be required,consistent with this standard. Parking Lot Striping: Except for singIe-family and duplex residences, any area intended to be used to meet the off- street parking rec�uirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shaIl be cleady marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's plan set, Sheets B-9a and b, show the parking spaces will be striped and includes a right way e�t only. However, interior to the parking lot, one-way d�rection signs are not shown. In addition, that portion of the SW Main to SW Hall multiuse bicycle and pedestrian path located within the parking lot must be clearly marked. This standard is not met. Therefore, as a condition of approval,the applicant shall revise the site plan to show all interior drives and access a.isles are clearly marked showuig direction of flow and maintairvng vehicular and pedestrian safety including pavement markers and signing for the multiuse path. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewaIks shall be p�rovided with a wheel stop at least four inches high located three feet back from the front of the parkin� stall. The front three feet of the arkin stall may be concrete,asphalt or low lying landscape matenal that does not exceed the heig�t of �e wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant has not proposed wheel sto s for the spaces adjacent to the sidewalk at the east boundary of the parking lot. Therefore,this standard�lias not been met. The applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18J65. S� pace and Aisle Dimensions: Table 18.765.1. oudines the minimum dimensions for angled parking. The proposal identifies a total of 76 spaces utilizing angled parking. Staff review of the parking plan illustrates comphance with Figure 18.765.1. This cntenon�s sat�sfied. Minimum Bicycle Parking Requ� irements: The total number of required-bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be Iess than two bicycle parking spaces. The Director may reduce the number of required bicycle parking spaces by means of an adjustrnent to be revYewed through a Type II rocedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.02�C.S.e. TRIIvfET COMIv1UI'ER RAIL STATTON PAGE 21 OF 28 12/11/06 PUBLIC HEARING "REVISED°STAFF REPORT TO THE HEARINGS OFFIC�R Pursuant to Table 18.762.2 no bicycle spaces axe required for the proposed transit station and accessory parking uses.However,the applicant has provided nine bicycle parking spaces as shown on the site plan Sheet B-2a number 20).In addition,the applicant has provided the bicycle parking design in Exhibit I, consistent with�ection 18.765.050. Off-street loading requirements: Off-street loadin�spaces: Commercial, industrial and institutional buildings or structures to be built or altered w ich receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: . A minimum of one loading space is required for buildings with 10,000 gross square feet or more; . A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The_proposed.development includes a transit station and park and-ride lot, which will not be used to receive or distnbute material or merchandise. Therefore,the off-street loading standards do not apply. FTNDING: The off-street parking and loading standards for wheel �stops have not been met. However,with the f ollowing conditions of approval this standard can be met. CONDITTONS: . The applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required bythe TDC Chapter 18.765. . The applicant shall revise the site plan to show all interior drives and access aisles are clearly marked showing direction of flow and mauitaining vehicular Pa�pedestrian safety including pavement markers and signing for the multiuse SIGNS (18.780): Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limrts. FINDING: The applicant has not addressed this chapter and no sig ns have been proposed. However,if signs are later proposed,the applicant must applyfor a sign pernut. CONDITTON: Prior to placement of any signs on site, the a�pplicant shall apply for a s�ig n permit and supply staff with the appropnate plans to verify compliance with TDC Chapter 18.780. TREE REMOVAL - CHAPTER 18.790: Section 18.790.030 requires at a tree plan for the planting, removal and pr�otection of trees prepared by a certified arborist be provided for a conditional use application. TThe tree plan shall incIude identification of all elcisting trees, Identification of a pro ram to save existing trees or mitigate tree removal over 12 inches in cahper, identification of w�ch trees are proposed to be removed, and a protection �rogram defining standards and methods that will be used by the applicant to protect trees dunng and after construction. FINDING: The applicant provided a tree survey Sheet B-4a) and an arborist report prepared by certified arbonst Ste hen Goetz, Pac�ic Resource Group. According to the arborist report, only�tree #4 ulch pine) of the eight trees identified on the project site,will be retauled. Ot the eig t trees, there are two trees reater than 12 inches in diameter, which total 30 calip er inches DB�L Pursuant to �C 18.790.030.B, mitigation will be required for 30 cariper inches. Therefore, the tree removal standards have not all been met.The standards can be met with the following condition of approval: TRIIvIET QOMMLTIER RAIL STATION PAGE 22 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORTTO TI�HEARINGS OFFIC�R CONDITTON: The applicant shall submit a tree mitigation plan for review and approval by the City Forester, �f the applicant chooses to provide tree mitig�ation on-site. Alternatively, the a plicant may choose to pay a fee-in-lieu at $125/caliper inch (30 inches x $125 = $�,750). VISUAL CLEARANCE AREAS- CHAPTER 18.795: Section 18.795.020.A. states that e provisions o this chapter shall apply to all development including the construction of new structures, the remodeling of exist�ng structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hed�e, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utrlity poIe or tree exceedin three feet in height, measured from the top of the curfi, or where no curb ) g exists, �'rom the street center line rade, except that trees exceed'ing this height may be located in this area,provided all branches be�ow eight feet are removed. FINDING: The applicant has indicated in the narrative and on a site plan detail(Exhibit B-13) that a clear vision area will be rnaintained at the inter�ection of the proposed accessway to the park and- ride lot and SW Main Street,consistent with this standard STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER 18.810: pter 18.810 provides construction standa s or e implementation o pu 'c and private facilities and utilities suc-h as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Sectaon 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to have a 74 right-of-way width and 46-foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, undetground utilities, street lighting, storm drainage, and street trees. T�vs site lies adjacent to SW Main Street,which is classified as a Collector on the Cityof T'igard Transportation Plan Map. At present, there is approximately 38 feet of ROW from centerline, according to the most recent tax assessor's map. SW Ma.ui Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street unprovements in accordance with the 31ane Collector standan�. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattem of existing and proposed future streets from the boundanes of the p%posed land division. Tlus section also states that where it is necessary to give access or pemiit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade s�iall be constructed at the end of the street These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as tluough streets at such time as the adjoining property is developed. A barricade shall be consttucted at the end of the street by the property owners which shall not be removed until authorized by the City En ineer, the cost of wluch shall be included in the street construction cost Temporary hamme�ead tumouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. TRIMET COMMIJIER RAIL STATION PAGE 23 OF 28 12/11/06 PUBLIC HEARIIVG "RE VISE D"STAFF REPORT TO T'�IE HEARINGS OFFIC�R Wlule the ap�plicant does not believe this standard appli�es because they are not proposing the constniction of anystreets,the standard is speaking to future streets. TThe Cityof T'igard's TSP identifies the extension of Ash Street from Commercial Street to Burnham Street. The applicant shall provide a future street plan with horizontal and vertical alignment of Ash Street. This future street plan shall clearly indicate the plat�orm and station locations in order to ensure that these improvements to do not prohibit the future construcuon of Ash Street. Street Ali nment and Connections: Section 1�.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barne�s such as topography, railroads, freeways, pre-e�sting developments, lease provisions, easements covenants or other restrictions existing pnor to May 1, 1995 wluch preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not pemut consttuction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be e�ended within the site to provide throu h circulation when not precluded by environmental or top�ographical constraints, e�usting deve�o,pment patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide req�uired e�ensions. Land is considered topograplucally constrained if the slope is greater than 15% }or a distance of 250 feet or more. In the case of environmental or topograplucal constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connect�on. The City of Tigard's TSP identif ies Ash Street as being eYtended f rom Commercial Street to Burnham Street. The City has indicated theywill be construc�n�the connection from Blunhani Street to the south side of the parking lot in 2007. The reinainder of the Ash�treet construction is e�cpected to be completed with the future downtown unprovements. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten pencent on arterials, 12% on collector streets,or 12% on any other street(except that local or residential access streets may have segments with grades up to 15°Io for distances of no greater than 250 feet). Centerline radii of curves shall be as deternuned by the City Engineer. The applicant does not tlunk this applies, however it applies to the f rontage improvements they are required to complete on Main Street. The profile provided by the engineer for those unprovements indicate the grades do not exceed 12%,thereby meeting this critenon. Block Desi�ns - Section 18.810.040.A states that the len th, width and shape of blocks shall be desi�ned with due re ard to providing adec�uate bu�ding sites for the use contem�plated considerat�on of needs �or convenient access, circulation, control and safety of street traffic anc� recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except • Where street location is precluded by natural topography, wedands or other bodies of water or,pre-e�stin�development or, • For blocks ad�acent to arterial streets,limited access highways,major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. The applicant has not proposed any new streets. However, the applicant has requested an adjustment to the access width standard because the srte width does not accommodate a single 50-foot wide access onto SW Main Street or a second 30-foot wide access to SW Ash Street.Althoug�h�the Ash Street e�ension between the railroad right-of-way and SW Bumham Street.could be conditioned in this report to meet the access and egress standards,the City has undertaken the acquisition and improvement of this segment SW Ash Street as part of its 2007 Downtown Caprtal Improvement Plan. In any case, the proposed development re quires the Ash Street e�ension to meet the access and egress standards, and is therefore,su�bJ'e-ct to the block design and size standards. The e�vsting block, comprised of SW Commercia�, Burnham, Main, and Hall, is approximately TRIIvIET OOMMUI'ER RAIL STATION PAGE 24 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO TI3E HEARINGS OFFICER 5,000 lineal feet. The SW Ash Street extension will not create smaller (3,000 lineal feet) blocks until it crosses the railroad,for which there is an exception. Section 18.810.040.B.2 also states that bi�c ycle and pedestrian connections on public easements or right of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where preciuded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. As described above, full street connections are not possible. The ap lic�an� t's plans show a gravel emergency access road from the east end of the parking lot to Hall Boulev� TVFI� commented on the pro�posed development and found that this access is not required for emergency services. However, a bicycle and pedestrian connection is requu-ed. T�vs will provide a connection that is more than 330 feet,. which �s accep�table due to existing development patterns and the future extension of SW Ash Street. The sidew�lk in the CBD is required to be a 10-foot wide concrete sidew�alli,in a public easement. NOTE: Although a detail design of this path se�ment is not yet available,.the Cityhas budgeted funds for the detailed plan. The design plan will be made available to TriMet for use in its revised site plan and construction drawings f or the f acility. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. The applicant's plans show the construction of sidewalk along their Main Street f rontage,thereby meeting this cnterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construct�on Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan. No sanitary sewer connection is proposed with this development. Storm Draina�e: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the developmen� The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage areas that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an exisang drainage facility, the Director and Engineer shaII withhold approval of the development unt�1 provisions have been made for improvement of the potent�al condition or untiI provisions have been made for storage. of additional runoff caused by the development in accordance with the Design and Construct�on Standards for Sanitary and Surface Water Mana ement (as adopted by Clean Water Services in 2000 and including any future revisions or amen�ments). 'IRIIviET COMMUIER RAIL STATTON PAGE 25 OF 28 12/11/06 PUBLIC HEARING "RE VISE D"STAFF REPORT TO Tf�HEARINGS OFFICER In 1997, C1ean Water Services (CW5) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective im ervious area reduction pro�gram resulting in no net increase in storm peak flows up to the 25-year event. �e City will reqwre that all new developments resulting in an increase of unpervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant's engineer has submitted plans and calculations for a vegetated swale that will provide detention and water quality for the new impervious surface area runoff. Bikeways and Pedestrian Pathwa ys: Bikeway Extension: Section 18.810.110.A states that bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan (TSP). Developments adjoining proposed bikeways identitied on the City's adopted pedestrian/bikeway, plan shall include provxsions for the future extension of such bikeways through the dedicat�on of easements or nght-of-way, provided such dedication is direcdy related to and roughly propottional to the impact of the developmen� SW Hall, an arterial, and SW Main, a collector, are adjacent to the proposed.site on the east and west, respectively. SW Hall Boulevard is classified as a regional bicy�le facility in Tigard's 2002 TSP. In 2006, the Ti�rd Dozer�ozm Str�srap�e Design Plan was adopted as the �uidu�nocument for improvements to Downtown streetscapes, ateways, pubhc spaces, and green streets. The (page I-9) identi�ies a multi use bicy�le and pedestrian pa� that trave�ses the subject site from SW Hall Boulevard to SW Main Street. The Plan further describes the multiuse pathway (page I-14) as being parallel to the parking access vvay and developed from Hall to the north as a rail-to-traT pro�ect. Therefore, the applicant shall include provisions for the extension of the multiuse path through a public access easement. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric communication, lighting and cable television services and related facilities shall be placec� undergmund, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above �round, temporary utility service facilities during construction, high capacity electnc lines operating at 50,006 volts or above, and: . The developer shall make all necessary arrangements with the serving udlity to provide the underground services; . The City reserves the right to approve location of all surface mounted facilities; . All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requiremen� Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-gmunding costs when the development is proposed to take place on a street where e�sting utilities which are not under�round will serve the development and the approval authority determines that the cost and techmcal difficulty of under-groundin the utilities outwei hs the benefit of under-groundin in conjunction with the development. �he determination s�all be on a case-by-case basis. �he most common, but not the only, such situation is a short frontage development for which under- grounding would result in the placement of additional poles rather than the removal of above- ground ut�lities facilities. An applicant for a development w�iich is served by utilities which are not underground and which ar�e located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. TRIlvIET O�MMLIIER RAII.STATION PAGE 26 OF 28 12/11/OG PUBLIC HEARING "REVISE D"STAFF REPORT TO THE HEARINGS OFFI�R ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Stud Findin s: URS prepare a Fin ransportation Impact Analys is for the Tigard CBD Park and Ride in August 2006. The pa_r_k and ride will contain approximately 120 spaces in the Tigard Central Business Distnct (CBD� The URS analysis indicates that the T"igard C�D park and ride would have limited impacts to over traffic op�erations within the study area. URS goes on to say that minor mitigation can be developed which will be designed to maintain saf e vehicle and pedestrian cu-culation in the study area. Proposed project-related mitigation measures include construction of center medians on Main Street through the proposed Tigard CBD rail crossing. This median is shown on the applicant's plan submittal. URS also lists under recommended mitigation measures the construction of an additional access that will be constructed to the south along the alignment of Ash Avenue that will con.nect to Burnham Street. The design and construction of this connection is ident�fied as a CityQP project in 2007. Public Water S stem: The City o. Tigar provides service in this area. The applicant's plans indicate they will be installing a 1-inch service. Storm Water ali : T e City as agreed to enforce Surface Water Management�SWM regulations established by Clean Water Services (CWS� Design and Construcdon Stan ards �adopted b.y Resolution and Order No. 00-7) 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 shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, th��e��applicant shall submit plans and calculations for a water qualiryfacilitythat will meet the intent of the C.� Design Standards. In addition,the applicant shall submit a maintenance plan f or the f acility that must be reviewed and approved by the City pnor to construction. To ensure compliance with C1ean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality fac�ityto perform construction and visual observation of the water qualityfaciliryfor compliance with the design and spec�fications. These insp ections shall be made at sigruficant stages throughout the pro�ect and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirination that the water quality facility is in compliance with the design and specif ications. Gradin and Erosion Control: CWS Design an Construction Standards also regulate 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 CWS reguladons, the app-licant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES�erosion control permit be issued for any development that will disturb one or more acre of land. ince this site is over an acre, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit The applicant will be required to obtain an NPDES 1200C pernlit. TRIMET OOMivILTI'ER RAII.STATION PAGE 27 OF 28 11J11/06 PUBLICHEARING "REVISED"STAFF REPORTTO'I'I-�HEARINGS OFFICER Site Permit Re uired: e app 'cant is required to obtain a Site Pernzit from the Building Division to cover all on-site private utility uistallations (water,sewer,storm, etc.) and driveway construction. Address Assi nments• T e City o igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary �US B). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the Cityprior to issuance of permits. D. IMPACT STUDY: Section 18390.040.B.2.e 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 CatX standards, and to mirurruze 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 properiy interests, the applicant shall either specifically concur with a requirement for�ublic right-of-way dedication, or provide,evidence that supports that the real property dedicat�on is not roughly proportional to the pro�ected impacts of the development The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are currently serving the site or are capable of serving the site. The prop osed development proposal does not re quire an�y dedications. As the proposed transit use will reduce trat}ic on the Cit�s roads,no Traffic Impact Fees will be assessed. This standard is met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review; their comments have been incorporated mto this report. The City of Tigard Police Department has reviewed this application and has no objections to it. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue commented that no emergency access is required for the proposed development. Clean Water Services, Oregon Department of Transp�ortation, Oregon Department of Environmental Q�ality, Washington County, Metro, and TriMet were given the oppomuiity to review this proposal and submitted no comments or objections. v a December 12,2006 PREPARED BY: G ry Pagenstec er DATE Associate Planner TRIMET O�MMLIIER RAIL STATION PAGE 28 OF 28 12/11/O6 PUBLIC HE ARING "RE VISED"STAFF REPORT TO TI-IE HEARINGS OFFI�R i i �z g �' �- . J C G�� .: . ,;„_ „ .,, �.M � VICINITY MAI' Sw ------------ coMM�R��q�Sr P,� J CUP200G-�0��3 � m SDR200G-0000G �A VAR2OOG-00O77 � � � VAR200G-00078 s�o� ------ TRIMET _ �� '�'tis COMMUTER � , RAIL STATION ��G ��< ��FC °o� �� Tiga ra it n r ST �� Com er ' Pl m a S . � � Y P� `� � S A s n 9 � — ��'.. �� Q Q ' . � � o . I� �� BE PFI�� v�' -—. �`P Tq.ra�.e.M.P I 5,� ♦ N �/`��o �O �Q 0 100 200 300 400 500 Feet t"=387feet - a 0 � Information on thia map is for general location only and should be verified with tha Oevelopmenl Senices Division. 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' �0 CONSTRUCr c�lnB AND�cll7iER� TICA0.0�5T0 IY6 y � � ir � � TRI-COUMTY METROPOUTAN TRANSPORFATIbN�DISTitICT OF OR�GON• WASHINCTOiY C04NTY COMMUT�R R7tlt - I g' � TRACK/SYSTEMS/STATION CMCC E � - � s iN �� CAPITAL PROJECTS �� aJ. � ww „� : 13-T16ARB STATfqJ�' � '�M� T R I `� /r6 ET FKCIUTIES DNtSIQN PARN AND RIDE SITE PLAN N -Otp� � � �lo.M.c,Ha.uMY trnccr { �_. . . . . � � 0]0 r0�11ANC�q1coDW,. �77i3 � s.rx a ur'. nww. � c.��ie.ie/fiM ew wwo�m m•••a°i °'8-2b � Ntli Oj��l-« � 07-71-00 �a 1"�p' �. IJG70S17 RNOl0241BN �} f � NO�I'IC� TO MORTGAGEE,_ ?NHOLDER,VENDOR OR SEL�ER 'IHE TTGARD DEVELOPMENT QODE REQLIIRES THAT IF YOURECEIVE THIS N01ICE, �� IT SHALL BE PROMI'TZY FORWARDED TO'THE PURC�iASER = , ':�� ' � _ �".Y PUBLIC HEARING NOTICE NO7TC� IS HEREBY GIVEN THAT Tf-� TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY DECEMBER 11, 2006 AT 7:00 PM, IN THE TOWN HALL OF TI� TIGARD QVIC CENTER AT 13125 SW HAi.i"BOULEVARD,TIGARD,OREGON97223 WILL CONSIDER'IT�FOLLOWING APPLICATTON: FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2006-00003 SITE DEVELOPMENT REVIEW(SD� 2006-00006 VARIANCE VAR 2006-00077 VARIANC� AR 2006-00078 FILE TITLE: TRIMET COMMUTER RAIL STATION APPLICAN'I'/ TriMet APPLICt�NT'S Angelo Plarming Group,Inc. OWNER Attn:Steve Witter REP: Attn: Cat�hy-Corl�ss 710 NE Holladay Street 620 SW Ma�n Street,Suite 201 Portland, OR 97232 Portland,OR 97205-3026 PROPOSAL: The applicant requests Conditional Use Approval to construct a 2,890 square foot commuter rail stauon platfo� adjacent to TriMet's ex�sung bus station, Site Development Review for a 102-space park and ride lot located in the adjacent Burlington Northern abandon rail right of way,_and variances to the access and egress standards for both driveway spacu' � (from the required 200 feet to 20 feet) and driveway�width (from the required 50-feet t 24 feet) for access to the park and ride lot off of SW Main Street. LOCATION: The ro'ect is located on Tax lot 2S102AA04801 and portions of ODOT right-of-way(tax lot 1S13��00800) and Union Pacific Railroad right-of-way between SW Maui Street and SW Hall Boulevard. ZONE: C�D: Central Business District. The C�D zoning district is designed to provide a concentrate cen usiness ' trict, centered on the Cit�s historic downtown, including a mu�of civic, retail and office uses. Single-family attached housin at a maxiinum density ot 12 units/net acre, equivalent of the R 12 zorung d�strict, and multi�amily housing at a minunum density of 32 uruts/acre, equivalent to the R 40 zoning district, are pernutted outright. A wide range of uses, including but not limited to adult entertairiment, utilities, facilities �nth drive-up windows, medical centers, major event entertainment and gasoline stations, are pern�itted conditionally. APPLICABLE RE VIE W CRITERIA: Community Development Code Cha ters 18.330, 18.360, 18.370; 18.390, 18.520, 18.705, 18.725, 18.745, 18.755; 18.765, 18.780,�8.790, 18.795 and 18.810. THE PUBLIC HEARING ON T�-IIS MATTER WILL BE CONDUCTED IN ACCORDANC� WITH 'IT-� RULES OF C�iAI'TER 18.390 OF T'HE COMMUI�IITY DEVELOPMENT CODE AND RiJLES OF PROC�DURES ADOPT'ED BY 'I'F-� TIGARD QTY COUNQL AND AVAILABLE AT QTY HALL. ASSISTTVE LISTENING DEVIC�S ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE QTY WILL ALSO ENDEAVOR TO ARRANGE FOR QUAL.IFIED SIGN LANGUAGE INTERPRETERS AND QUAIIFIED BILINGUAL INTERPRETERS UPON REQLJEST. PL.EASE CALL (503) 639-4171, EXT. 2438 (VOIC�) OR (503) 6842772 (TDD- TELECOMMLJ1vICATTONS DEVICES FOR THE DEA�NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON T�IIS PROPOSED ACITON MAY DO SO IN WRITING PRIOR TO OR AT Tf-� PUBL.IC HEARING. ORAL TESTTMONY MAY BE PRESENTED AT`I'HE PUBI.IC HEARING. AT 'I'I� PUBL.IC HEARING, 'IT-� HEARINGS OFFIC�R WILL REC�IVE A STAFF REPORT PRESENTATTON FROM THE QTY PLANNER,OPEN TT� PUBLIC HEARING,AND INVITE BOTH ORAL AND WRITTEN TESTTMONY. TT-iE HEARINGS OFFIC�R MAY CONTTNUE THE PUBLIC HEARING TO ANOTf-IER MEETTNG TO OBTAIN ADDITTONAL INFORMATTON OR CLOSE'I�IE PUBL.IC HEARING AND TAKE ACITON ON THE APPLICATT4N. IF A PERSON SUBMITS EVIDENC� IN SUPPORT TO '1'I-� APPLICA7TON LESS THAN SEVEN (7) DAYS PRIOR TO TT�E PUBLIC HEARING,ANY PARTY IS EN'ITTLED TO REQUEST A CONTINUANC� OF'IT�E HEARING. IF TF-iERE IS NO O�N'ITNUANCE GRANTED AT THE HEARING,ANY PARTTQPANT IN THE HEARING MAY REQUEST THAT 'IT�E RECORD REMAIN OPEN FOR AT LEAST SEVEN (� DAYS AFIER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN C.AN BE MADE ONLY AT TI--�E FIRST EVIDENTIARY HEARING(ORS 197J63(6). INQ.UDED IN T�IIS NO7TCE IS A LIST OF APPROVAL C�tITERIA APPLICABLE TO Tf-iE REQUEST FROM THE TTGARD GOMMUNITY DEVELOPMENT CODE AND THE TTGARD GOMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF 'IT� REQUEST BY THE HEARINGS OFFIC�R WILL BE BASED UPON Tf-�SE QZITERIA AND Tf-IESE C�ZITERIA ONLY. AT'IT� HEARING IT IS IMPORTANT THAT OONII��NTS RELATTNG TO T�IE REQUEST PERTAIN SPEQFICALLY TO THE APPLICABLE C�tITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE Q.OSE OF Tf-� HEARING ON Tf-� REQUEST AQOOMI'ANIED BY STATEMENTS OR EVIDENCE SUFFIQENT TO ALL4W 'I� HEARINGS AiJTHORITY AN OPPORTUNITY TO RESPOND TO THE ISSLJE PREQ.UDES AN APPEAL TO THE LAND iJSE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN TT� ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECITON AT NO GOST OR OOPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR T�iE C[JItRENT RATE Q�ARGED FOR GOPIES AT Tf-� TTME OF 'I� REQUEST. AT LEAST SEVEN (� DAYS PRIOR TO Tf-iE HEARING,A O�PY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECITON AT NO QOST,OR A GOPY C.AN BE OBTAINED FOR'I'WENI Y FIVE C�NTS (25t) PER PAGE, OR THE C,'URRENT RATE C�ARGED FOR COPIES AT THE TTME OF T'HE REQLJEST. FOR FURTf-�R INFORMATTON PLEASE CONTACT THE STAFF PLANNER GARY PAGENSTECHER AT 503.639.4171, TIGARD QTY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO �arvn(a�tigard-or.gov. ........,.... .,...,.. VICINITY MAP �� ____________ � '� CUP2006-00003 � SDR2006-00006 VAR2006-00077 VAR2006-00078 � TRIMET g< � COMMUTER � RAIi.STATION � k�< s T' r t n r r Co t 1 m �a A 9� � v sr '�'y �.....�.. . �r,�$�� " �� . ' . �d.,�...�.,_ ..r.......a.... ��.�,a� ��.,,, ..�.......- COl1✓11V IUNITY PUBLIC HEARING ITEM: SPAl'EI�S The following will be considered by the Tigard Hearings Officer on Mondav December 11. 2006 at 7:00 PM at the Tigard Civic 6605 SE Lake Road, Portland, OR 97222• PO Center-Town Hall, 13125 SW Hall Blvd.,Tigard,Oregon. Both public oral and written testimony is invited. Box 22109• Portland, OR 97269 The public hearing on this matter will be conducted in accor- Phone:503-684-0360 Fax:503-620-3433 dance with the Tigard Municipal Code and the rules of proce- Email: legals@commnewspapers.com dure adopted by the Council and available at City Hall or the rules of proced�re set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or AFFIDAVIT OF PUBLICATION verbally at the public hearing only. Failure to raise an issue in State of Oregon, County of Washington, SS person or by letter at some point prior to the close of the hear- ing accompanied by statements or evidence sufficient to afford I, Charlotte Allsop, being the first duly sworn, the decision-maker an opportunity to respond to the issue pre- cludes appeal to the Land Use Board of Appeal based on that depose and say that I am the Accounting issue. Failure to specify the criterion from the Community Manager of The Times(serving Tigard, Development Code or Comprehensive Plan at which a com- Tualatin & Sherwood), a newspaper of inent is directed precludes an appeal based on that criterion. general circulation, published at Beaverton, in A copy of the application and all documents and evidence sub- :he aferesaid veu�tty �:td state, as defined 5y mitted by or on behalf of the applicant and the applicable cri- ORS 193.010 and 193.020, that teria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven(7)days prior to the hearing,and copies for all items can City of TigBrd also be provided at a reasonable cost. Public Notice of Hearing Further information may be obtained from the Planning TT10892 Division (staff contact: Gary Pa�enstecher� at 13125 SW Hall Blvd.,Tigard,Oregon 97223, by calling_503-639-4171,or by e- a copy of which is hereto attached, was mail to garyp��;tigard-or.gov. published in the entire issue of said CONDITIONAL USE PERMIT(CUP) 2006-00003/SITE newspaper for DEVELOPMENT REVIEW(SDR) 2006-00006/ 1 VARIANCE (VAR) 2006-00077NARIANCE 2006-00078 successive and consecutive weeks in the -TRIMET COMMUTER RAIL S7'ATION - following i5sue5 PROPOSAL: The applicant requests Conditional Use Approval November 23, 2006 to construct a 2,890 square foot commuter rail station platform adjacent to TriMet's existing bus station, Site Development Review far a 102-space park and ride lot located in the adjacent � ,,�I � Burlin ton Northern abandon rail ri ht of wa , and variances to � ��,� �� `/`�� L � � �-�` � the ac ess and egress standards for both driveway spacing (from Charlotte Allsop (Accounting Mana er) the required 200 feet to 20 feet) and driveway width (from the required 50-feet to 24 feet) for access to the park and ride lot off November 23, 2006 of SW Main Street. LOCATION: The project is located on Tax lot 2S 102AA-04801 and portions of ODOT right-of-way (tax lot IS135CB-00800) and Union Pacitic Railroad right-of-way ---, r between SW Main Street and SW Hall Boulevard. ZONE: CBD: �\ y 1��.{/� Central Business District. The CBD zoning district is designed to NOTAR UBLIC FOR OREGON provide a concentrated central business district, centered on the M Commission ex ires City's historic downtown, including a mix of civic, retail and y p �--V�GU� .�� ,��(..�� office uses. Single-family attached housing, at a maximum densi- ty of 12 unit's/�n,et acre, equivalent of the R-12 zoning district,and tT1U��1-fa1T11�yi0U$113!?.fl� a minimi�m �lancih�1a�3�_L111x4�}1C1'C_ ACCt#10093001 ' equivalent to the R-40 zoning district, are permitted outright. A Patty Lunsford w�de range of uses, including but not limited to adult entertain- City of Tigard ment, utilities, facilities with drive-up windows, medical centers, 13125 SW Hall Blvd. major event entertainment and gasoline stations, are permitted Tigard, OR 97223 conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18330, 18360, 18.370: 18.390, 18.520, 18.705, 18J25, 18.745, 18.755; 18.765, 18.780. Size: 2 x 11.5 18.790, 18.795 and 18.810. Amount Due $192.05 'Remit to address above � �� - '� �'. � � ��tir� � ..,..,... ....,._ � �'- .,ryF.� � - < �� VI(LNIIY NAP , � ;. �, �� " , . I �ti - '� ��.�`-_ . � � 1�� f � r ___==___' � ��_,, �'� �" � � I, CUP2006-00003 � . � ` SDR2006-00006 �^�� °�VAR2006-OOD77 � I J VAR2006-00076 OFFICIAL SEAL � � �_- � : Tx�M�r----° SUZETTE I CURRAN `, <� COMMUTBR � - . — I� '� RA11.STATION � NOTARY PUBLIC-OREGON � �,� � '� � COMMISSION N0.373063 "�-` °`� > ., '�`�,,,� � a --'� � �� MY COMMISSION IXPIRES NOV.28,2007 � � ��' +'�'"T��'�-� , � _�i . :� � 4 � � �� ,i��, �: y� � T � *\`y� J � � 'i �>� ,— . ! �� %��,�`'4�� A � � �� `, �' ��` � � '�, � ' ' - ��Y _ � '�.� -_�" - _ - i� , ��-1�� .x��«� Publish 11/23/2006. TT10892. ► Agenda Item: 2.2 Hearin Date: December 11,2006 Time: 7:00 PM STAFF REPORT TO THE ., HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 'a: s�� : 120 DAYS =3/2/2007 SECTION I. APPLICATION SLT�vIMARY FILE NANiE: TRIMET COMMUTER RAIL STATION CASE NOS: Conditional Use Pexrnit CLJP) CLJP2006-00003 Site Develo ment Review SDR) SDR2006-00006 Variance AR) VAR2006-00077 Variance AR) VAR2006-00078 APPLICANT Steve Witter APPLICANT'S Cathy Corliss OWNER TRIMET REP.: �e-lo Plaruung Group,Inc. 710 NE Hollada Street 62 SW Ma.in Street,Siute 201 Portland,OR 9�32 Portland,OR 97205 PROPOSAL: The applicant.requests Conditional Use Approval to construct a 2,890 square foot commuter ra�l station platform adjacent to TriMet's existing bus station, Site Development Review for a 102-s�pace park and ride lot located in the ad�acent abandon Burlin�ton Northern railroad right.of-way, and variances to the access and egress standards for both driveway spacin from the required 200 feet to 35 feet) and driveway width�from the reqwred ��eet to 24 feet) for access to the park and-ride lot off of S Maui Street. LOCATION: The project is located on T�Ma 2S102AA,Tax Lot 04801 and portions of ODOT right-of-way (T� Map��1S135�, Tax Lot 00800) and Union Pacific Railroad right-of-way between SW Main Street and SW Hall Boulevard. COMPREHENSIVE PLAN AND ZOIVING DESIGNATION: C�D: Central Business District. The C�D zoning district is designed to provide a concentrated central, business district centered on the City's historic downtown, including a mix.of civic, retail and of�ice uses. Single-famil attached housing, at a maximum densiry of 12 units/net acre, equi�-alent of the �12 zoning district and multi-fanvly housing at a m;n�rr,um density-of 32 units/acre, equivalent to the�40 zonin� district are permitted outright. A wide ran�e of uses, including but not limite to adu�t entertainment, utihues, facilities with drive-up windows, medical centers, major event entertairunent and gasoline stations, are pernutted conditionally. APPLICABLE RE VIE W CRITERIA: Commuruty Development Code Chapters 18.330 18.360 18370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.7�0, 18.7�5,and 18.810. SECTION II. STAFF RECOMMENDATION Staff recomiriends that the Hearin�s Officer find that the proposed Conditional Use Pernut will not adversely affect the health, safety and welfare of the City and meets the A�proval Standards for a Conditional Use. Therefore, Statf recommends APPROVAL, subject to the tollowin�recominended Conditions of Approval: TRIIvIET QOMMUIER RAIL STA'ITON PAGE 1 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO Tf�HEARINGS OFFICER ! CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BLJILDING PERNIITS: e app cant s prep are a cover etter an su mit it, a ong wi an✓ supportin ocuments and/or �p l�ans that address the following requirements to the C;�JRR�NT �LANNING DIVISION, ATTN: Grary Pagenstecher 503 639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required informadon is found: 1. Prior to issuance of a site or building permit, the applicant shall make a ood faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a�etter to that affect from the property owner shall be submitted to the Ciry. If shared access is available,the applicant shall subrtut a rev�sed plan set that incorporates the shared access that meets, or is the minim� adjustment necessaryto meet,the access width and spacing standards. 2. Prior to issuance of a site or building permit,the app�licant shall submit a revised site plan showing a multiuse pedestrian and bicycle pa�th from SW Ha71 to the proposed park and:ride in-lieu of the pro osed eme�rg ency access road.T he�will provide TriMet wrth a detailed design of the multiuse a which will be made available to T ' t for use in its revised site plan and construction drawings �or e facility. 3. Prior to issuance of a site or building permit, the apPlicant shall submit a revised site plan demonstrating that adequate outdoor lightuig�s provided}or the multiuse path portion of the srte. 4. Prior to issuance of a site or building permit, the applicant shall revise the site plan to show all interior drives and access aisles witivn the proPosed park and-ride lot are clearly marked showu� �g direction of flow and maintaining vehicular and pedestrian safety including pavement markers and signing for the multiuse path. 5. Prior to issuance of a site or building permit, the applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required by TDC C,hapter 18.765.040.J 6. Prior to issuance of a site or building permit, the ap plicant shall submit a tree mitigation plan for review and approval by the City Forester, if the appZicant chooses to rovide tree mitigat�on on- site. Alternat�vely, the applicant may choose to pay a fee in-heu at $12�/caliper inch (30 inches x $125 = $3,750). 7. Prior to issuance of a site or building pernut, the ap licant shall submit a revised landscape plan specifying trees included on the City of Tigard Street�ree List for the required street trees on SW Main Street. 8. Prior to issuance of a site or building permit, the applicant shall demonstrate that all service f acilities are ef f ectively screened f rom view. The applicant shall prepare a cover letter and submit it, along with any su*porting documents and/or plans that address the following re� �quirements to the ENGINEERING DEPARTMENT, ATTN:Xim McMillan 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. Prior to issuance of a site pernut, a Public Facility Improvement (PFI) permit is requ.ired for this project to cover half-street unprovements and an�y other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. l�TOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets re�t to public improvements. Public Facility Improvement (PFI) pernut plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the Cit�s web page (www.tigard-or.gov). TRIMET QOMMLrIER RAII.STATTON PAGE 2 OF 28 12/11/06 PUBLICI-IEAAING STAFF REPORT TO TI-IE HEARINGS OFFI(�',R 10. The PFI pernut plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will �esignated as the "Pernuttee"= and who will provide the financial assurance for the ublic improvements. For example specify�f the entity is a corporation, limited partnership, LLCP etc. Also specify the state wrt�un w�uch the enuty �s incorporated and provide the name of the corp orate contact person. Failure to provide accurate information to the Engineenng Department wiIl delayprocessing of pro�ect documents. 11. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traftic control during the public unprovement construction phase. 12. Prior to issuance of the Site Pern�it,,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineenng�. 13. The ap licant shall submit construction plans to the Engineering Department as a part of the Public �acility Improvement ermit, indicating that they will construct the followuig frontage improvements along SW Main�treet as a part of this project: A, 8-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. center median through the ra�l crossing; D. streetlight layout by applicant's engineer,to be approved by City Engineer; and E. driveway apron. 14. Prior to issuance of the Site Pernut, the applicant's engineer shall submit a Future Streets plan showing the extension of Ash Avenue from Commercial Street to Bumham Street. This future street plan shall include the plan and profile of Ash Avenue. The plans shall also clearly indicate the platform and station locations in order to ensure that these imp rovements do not prohibit the future construction of Ash Street from Commercial Street to Burnham Street. 15. The applicant shall submit construction plans to the Building Department indicating that they will construct a 10 foot wide concrete public sidewalk from the parking lot to Hall Boulevard. 16. A profile of Main Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 17. The applicant shall.provide an on-site water quality and detention facility as regu.ired by Clean Water Services Design and Construction Standards adopted by Resolution and C�rder No. 00-7). Final plans and calculations shall be submiaed to �e Engineering Departinent (Kim McMillan) for review and approval prior to issuance of the site Permit. In addiuon, a proposed maintenance plan shall be subrrutted aIong with the plans and calculations for review and approval. 18. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� pernut drawings. The plan shall conform to the "Erosion Prevention and Sediment Conuol Design and Planning Manual,February 2003 edition." 19. The a plicant shall obtain a 1200-C General Pemut issued by the City of Tigard pursuant to ORS 468.7�0 and the Federal Qean Water Act. 20. Any extension of public water lines shall be shown on the proposed Public Facility Improvement �I'FI) pernut construction drawuigs and shall be reviewed and approved by the Cat�s Water llepartment, as a part of the Engineenng Department�pl�an review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to app�roval of the PFI pernzit plans from the Engineering Department and construcuon of public waterZines. TRIMET O�MMCTIER RAIL STATION PAGE 3 OF 28 12/11/06 PUBLIC HEARING STAF�REPORT TO 7HE HEARINGS OFFICEA THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BLTILDING INSPE CTION: e app icant s a pre�pare a cover etter an su mit it, a ong wi an}� supporting ocuments and/or �plans that address the following requirements to the CLTRR�NT PLANNING DIVISI6N, ATTN: C�ary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 21. Prior to a final build'uig inspection, and prior to placement of any signs on site, the applicant shall apply for a s' n pernut and supply staff with the appropriate plans to verify compliance with TDC C�apter 18J8�. The applicant shall prepare a cover letter and submit it, along with any surporting documents and/or pla� ns that address the followin re uirements to the ENGINEERING DEPARTMENT, ATTN:Kim McMillan 503-639-4171, E� �642. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to a final inspection, the applicant shall complete the required public improvements obtain conditional acceptance from the City, and provide a one-year mairitenance assurance �or said improvements. 23. Prior to final insPection, the applicant shall provide the City with as-built drawings of the public im_provements as}ollows: 1) 3 rrul mylar,2) a diskette of the as-bwlts in "DWG" forn�at,if available; orherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the Cit�s GPS network The applicant's en�uieer shall provide the City with an electronic file with poults for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 24. Prior to a final inspection, the applicant's engineer shall provide a final sight distance certification based on completed half-street improvements. 25. A public pedestrian easement shall be executed and recorded on City standard forms for the pedestrian path from the parl�ng lot to Hall Boulevard. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department pnor to recorciing. 26. To ensure compliance with Clean Water Services des�'gn and construction standards, the applicant shall emp lo�y the design engineer responsible for the design and specifications of the private water quality faciIity to perform construct�on and visual observation of the water quality fac� for compliance with the design and specifications. These u�spections shall be made at sig icant stages and at comp letion of the construction. Prior to final inspection, the design engineer shall �rovide the City of T'igard (Inspection Supervisor) with wntten confimiauon that the water quality acility is in compliance with the design and spec�fications. Staff Contact: Hap Watkuis, Bwlding Div�sion. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFIC:�R'S DEQSION SHAI.L RENDER THE HEARINGS OFFI(�R'S DEQSION VOID. 'IRIMET O�MMUIER RAIL STATTON PAGE 4 OF 28 12/I l/06 PUBLIC HEARING STAFF REPORT TO'II�E HEARINGS OFFTC�R SECTION III. BACKGR�LTND INFORMATION Site H'isto . e subject site consists of railroad right-of-way located between SW Commercial Street on the east, SW Burnham Street on the west, SW Main Street on the north, and SW Hall Boulevard on the south. The site is irnmediately adjacent to TriMet's existing Tigard Transit Center which serves five bus lines. The right-of-way has been used for commercial rail since the beginning of the 1900s and passenger rail up until the 1930s. Vicini Information: e su ject site is ocated within Tigard's Central Business District. The District is bounded by industrial land to the northwest and southeast, residentially zoned land to the southwest and commercially zoned land to the northeast. The�proposed commuter ra�l station is a central element in the revival of downtown Tigard as expressed in the Tigard's Downtown Improvement Plan. Site Information and Pro osal Descri tion: TriMet is proposing to construct a 2, 90 square foot commuter rail station platform adjacent to TriMet's existing bus station and a 102-space park and ride lot located in the adjacent abandon ra�l right-of-way. Due to the narrowness of the approxunately 57 foot right-of-way,the applicant has reguested variances to the access and e ress standards for both driveway spacing (from the required 200 }eet to 35 feet) and driveway width (�rom the required 50-feet to 24 feet) for access to the park and ride lot off of SW Main Street. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The proposed commuter rail "trailsit station" is listed as a basic utility civic use. Basic utilities in the Central Business D�stnct require a conditional use pernut as shown in Table 18.520.1.The proposed park and-ride lot is listed as a "non-accessory parl�ng" use. Non accessory parking is a pernutted use ui the �:entral Business District subject to site development review standards. Surruna Land Use Pernuts: Chapter 18.310 De es the decision-making type to which the land-use application is assigned. The proposed commuter rail station platform requires a Conditional Use permit which is a Type III-HO process with a hearing and decision by the.T'igard Hearings Officer. The proposed parking requu-es a Type II review and is processed concurrentlyunthui the conditional use permit process. SECTION V. SLTfvIMARY OF APPLICABLE CRITERIA A surnmary of the applicable criteria in this case in the chapter order in which they are addressed in this report are as follows: A. 18.330 S ecific Conditional Use Criteria Gene Approv Criteria Additional C.;onditions of Approv Additional Develo�pment Standards B. licable Devero ment Code tandards 1 . 60 Site Deve opment Review 18370 ariances and Adjustments) 18.520 CAmmercial Zo gDistricts) 18.705 Access,Egress &n��arculation) 18.725 nvirorunental Perfonnance Standarrls) 18.745 dscaping and Screening) TRIIv1ET O�MIv1UI'ER RAIL STATION PAGE 5 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO TI-�HEARINGS OFFICER 18.755 ' ed Solid Waste and Recyclable Storage) 18J65 Off-Street Parking and Loaduzg Requirements) 18.780 Signs) 18.790 ree Removal� 18 J95 �sual Clearance� G Street and Utili Im rovement Standards 18.810 D. Im act Stud 18.39 SECTION VI. APPLICABLE REVIEW CRITERIAAND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the �urpose of this chapter is to provide standards and procedures under which a conditional use may e pernutted, enlarged or altered if the site is appropriate and if other app%priate conditions of approval can be met There are certain uses wluch due to the nature of tIie impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Pursuant to TDC Table 18.520.1 a "transit station" requires a Conditional Use permit in the C�D zone. The transit station, as proposec�, consists of a station platform and appurtenances for the 14.7-mile Washington County Commuter Ra�l. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section T$.330.030A and subject to other requirements in Chapter 18.330. The applicant has pro.posed a new conditional use,the commuter rail station platforn�,which is processed as a Type ZII-HO pr�ocedure and is subject to the General Approval Caiteria for a Condit�onaI Use Section 18.330.030.A, Additional Conditions ofAp proval for Condiuonal Use Section 18.330.030.B, and Additional Development Standards for Conditional Use Types Section 18330.050,below. GENERAI:.APPROVAL CRITERIA FOR A CONDITIONAL USE: SECI'ION 18.330.030.A The site size and dimensions provide adequate area for the needs of the proposed use; The proposed improvements subject to the conditional use standards include the ap roximately 2 890 square foot commuter rail station platform measuri.ng 20 feet wide by 145 feet. New �to the sout� are being realigned to accommodate the platform locat�on,consistent with this standard. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography,and natural features; The subject site is currently developed as a railroad n�ht-of-way. The proposed commuter rail line unprovements from Wilsonville to Beaverton include the design of the T'igard station platfomi. The site is st.utable for the proposed development. All required public facilities have adequate capacity to serve the proposal;and The site is fully developed and served by public facilities. All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in this report. The applicable requirements of the zoning district ane met except as modified by this chapter. The proposed site is located within the CBD zoning district. As indicated earlier, transit stations are permmed condrtionally. As discussed later in this report,the project will meet the applicable requirements of the zonuig district. 1RIMET O�MMCJI'ER RAIL STATTON PAGE 6 OF 28 12/li/06 PUBLICHEARING STAFF REPORT TO TT-�HEARINGS OFFICER The applicable requirements of 18.330.050. Section 18.330.050 contains additional development standac�ds for conditional use types.The proposed"transit station"type is not a listed use under this section.Therefore,tivs standard does not apply. The supplementary requirements set foith in other chapte�s of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable,are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18360, Site Development Review; 18.370 Variances and AlJ�usunents• 18.390 Decision Making Procedures; 18.520, Commercial Zonin Districts; 18.705, Access, Egress an� Carculation� 18.725, Env�ronmental Perfom�ance Standards; 18.7�5, Landscapu��g and Screerun ; 18.755, Mixed Sohd Waste and Recy�lables Storage; 18.765, Off-Street Par , r8.780, Signs; 18.�90, Tree Removal; 18.795, Visual Clear�nce Areas; and 18.810, Street and Utih�mprovement Standards. The development standards and requirements of these chapters are addressed further in this report. The proposal contains no elements related to the provisions of the followu� c�hapters: 18.350, Planned Development; 18380 Zoning Ma /Te�ct Amendments; 18.410,. Lot Line Adjustments; 18.420,. Land Partiuons; 18.430, Su�divisions; 18.�10, Residential Zorung Distncts; 18.530, Industrial Zonu� �g D�stricts; 18.620, Tigard Triangle Design Standards; 18.630 Washington Square Regional Center, 18.640 Durham �Design Standards; 18.T10,AccessoryResidential Uruts; 18.715,Density Comp u�tations; 18.720,Des� n tibility Standards; 18J30, Exceptions to Development Standards; 1$.740, H�storic Overla y? 18.7�2, Home Occupauons; 18.750, Manufactured/Mobile Home Regulations; 18J60, Nonconfomzing Situauons; 18.775, Sensit�ve Lands• 18J85, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are,therefore,�ound to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is u'nplemented by the Community Development Code. CAmpliance with Comprehensive Plan policies are,therefore,assured bysat�sfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above,the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE: SECTION 18.330.030.B. This section states that the Hearings Authority may impose conditions on the ap�p roval of a conditional use which are found necessary to ensure the use is compatible with other uses in the vicinity, an�that the impact of the proposed use on the surrounding uses and public facilities is rrummized. These conditions may include,but are not limited to the following: Limiting the hours, days,place and/or manner of operation; The applicant has indicated that Commuter Rail is scheduled to run weekdays every 30 minutes in the mor�uzig and evenuig peak hours (6-9 am and 3-6 pm). The prop osed conditional use �s the Tigard tr�ansit station platform. There is no evidence in the record to suggest that there is a need to limit the hours, days, �lace and or manner of operation for the impacts of the proposed use on the surrounding uses and public acilities. Requiring design features which minimize environmental impacts such as noise, vibration, air polIution, glare, odor and/or dust; The proposed transit station platform would not likely enerate any vibration, air pollution, odor; glare, noise, or dust that would be considered out of character�or the use. There is no evidence in the record to suggest that there is a need for additional design features for the impacts of the proposed use on the surrounding uses and public facilities. Requiring additional setback areas, lot area, and/or lot depth or width; 'IRIMET QOMMUIE R RAIL STATION PAGE 7 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO TT�HEARINGS OFFICER The railroad right-of-way is pree�sting and the proposed transit station platform and trackway upgrades have been desl�ned accorduzgly. The proposed transit platform is designed to meet the operational requirements ot the Commuter Ra�l line. Limiting the building height, size or lot coverage, and/or location on the site; No buildings are proposed with this development. The proposed transit station platform and trackway upgrades have been designed to meet the operational reqwrements of the Commuter Rail line. Designating the size, number, location and/or design of vehicle access points; The proposed transit station platform would be accessed by rail, service road, and paved walkways. Any vehicle access points will be strictly controlled by the railroad and ODOT Rail. Access to the proposed park-and-ride is addressed in the Site Development Review section, below. Requiring street right-of-way to be dedicated and street(s) to be improved; The applicant has proposed.to dedicate and improve SW Main Street as necessary. The specifics of the improvements are discussed in more detail in the street and utility section of this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report with respect to the� prop osed park and-ride lot. As conditioned,the proposal will meet the prescnbed reqwrements of the TI�C Limiting the number, size, location,height and/or lighting of signs; The applicant has not addressed signs in their proposal. Compliance with the sign requirements for the underIyuig zone will be considered once a sign apphcation is su6mitted and a design is reviewed. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has indicated in the narrative and�pl�a�n set that the transit station platform will be lit to meet operational and safety standards for Commuter Rail. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; No screening or landscaping is proposed in.association with the transit station platform as it is located within the railroad right-of-way. Landscaping in association with the proposed park and-ride lot is discussed below in the Landscapuig and Screerung section of this report. Requiring and designating the size,height, location and/or materials for fences; The applicant is not proposing anyfences for the transit station platform portion of theproposal. Fencing in associat�on with the proposed park and-ride lot is discussed later in the Landscapuig and Screerung section of this report. Rec�uiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The subject railroad right-of-way and adjacent parcels have been developed for over the last 100 years. The applicant's Grading Plan (Sheet B-4a) identifies several trees adjacent to the existing bus transit station, some of which will be retained and others removed for the proposed accessway between the existing station and the proposed latform There are no existing natural resources to protect or preserve within the railroad right-of:way. �rainage of the project area is proposed to be detained and treated in a ditch within the railroad nght-of-way and then passed by e�stuig pipes to Fan.no Creek. Drainage is addressed in the Street and Utilities section of this report. TRIIvSET OOMMCJIER RAII_STATTON PAGE 8 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO'IT�E HEAIUNGS OFFIC�R Requiring the dedication of sufficient open land area for a greenway ad'oining� and within the floodplain when land form alteradons and development are allowe� within the 100-year floodplain; and The subject site, at elevation 163 feet, is approximately 550 feet east of the floodplain of Fanno Creek, at elevation 150 feet. The project is not located in the 100-year floodplain. Other than regrading for new ballast for the rail realignment, no land form alterations are proposed Ln this application. Requiring the constiuction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject site is not within or adjacent to the floodplain for Fanno Creek Therefore,this standard does not apply. FINDING: The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessaryto ensure the use is compatible with other uses in the vicinity, and.that the impact of the proposed use on the surrounding uses and public facilities is mmim».ed. Staff recommends the Hearings Officer approve the commuter ra�l transit station platform and appurtenances, as proposed. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050. FINDING: Section 18.330.050 contains additional development standards for conditional usetypes. Although the proposed "transit station" is a condtuonal use in the C�D zone,it is not a listed use under this section. "Non-Accessory Parking" is a listed use under this section, but is not sub ject to the standard as it is a pernlitted use in the C�D zone. Therefore,this standard does not apply. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW(18.360� 18.360.030 Approval Process Site development review for a new development shall be processed using approval criteria contained in Section 18.360.090. The proposed transit station and park and-ride lot are subject to the site development review standards,below. 18.360.090 Approval Criteria The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: The following criteria do not ap ly to the proposed development: 3. E�rterior elevations of buildings, 5. Privacy and noise for multi-f�y or�roup hving uses 6. Private outdoor area for multi-family use, 7. Shared outdoor recreation areas for m ti-familyuse and 8. Development within or adjacent to the 100- year floodplain.Findings for the applicable criteria fo�low: Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; Compliance with the applicable re quirements of this title, including Chapter 18.810, is ensured through the review of the a plicable standards in this report. However,the sub'ect site�s constrained bythe width of the existing railroac�r�ht-of-way,which will requu-e an access width an�spacing adjustment for the proposed vehicle access from SW Main Street. Although the subject site size and configurat�on is not adequate to meet the access standards, the adjustment criteria can be met as conditioned above and descnbed in the Vanance section of this report,below. TRIMET QOMMCTIER RAIL STATTON PAGE 9 OF 28 12/11/06 PUBLIC HE�IRING STAFF REPORT TO TI-IE HEARINGS OFFICER 2. Relationshi.p to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; �2) Located in areas not subject to ground slumping or sliding; (3� Located to provrde adeq.uate distance between adjoining buildin�s for adequate l�ight, air circulation, and fire- fighting; and (4) Oriented with consideration tor sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant has not proposed any buildings. The proposed transit platform and park and-ride lot are located on previously developed railroad nghts-of-way. The tree plan includes retainui one of eight e��isting trees on site. Tree preservation and mitigation are addressed in detail in the�ree Removal Chapter, below. 4. Bufferin�, screening and compatibility between adjoining uses: Buffering s-hall be provided between different types of land uses, for example, between single- family and multiple-family residential, and residential and commercial uses, and the follov�nn factors shall be considered in determining the adequacy of the type and extent of the buffer. (1� The pu ose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provi�e a visualbarrier, (2� The size of the buffer re�y uired to achieve the� purpose in terms of width and height; (3) The direction(s).from which buif-ering is needed; (4) The required density of the buffenng; and (5) Whether the viewer is stationary or mobile. The site is located within Central Business District zoning designation and is bordered by like commercial uses including TriMet's bus transit center to the north and several boat and auto storage and service businesses to the south. No residential uses e�ust adjacent to the site. Buffering and screening is further addressed in section 18.745, below. On site screening from view from ad'oining properties of such things.as service areas, storage areas, parkin lots, and mechanical �evices on roof tops, i.e., air coohng and heating systems, shall be provi�ed and the followin factors will be considered in determimng the adequacy of the type ande�rtent of the screening: (� What needs to be screened; (2) The direction from wluch it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and 5. Whether the screening needs to be year around. According to the apPlicant's narrative and plan set (Sheet B-2a, number 13 and 2b, number 8), the proposed park and-nde parkuig lot will be screened from view from the adjacent properties to the south by a 6-foot slatted chaui link fence which extends appro�mately 950 feet along the project's ent�re southern border. The north side of the lot is not screened from view as seen from the railroad right-of- way.No other features cited above are a part if this application. 9. Demarcation of public, semi-public and p_rivate spaces for crime prevention: The structures and site unprovements sha11 be designed so that public areas such as streets or eublic atherin places semi-public areas and pnvate outdoor areas are clearly defined to stablis� persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and These areas may be defined by,but not limited to: 1 A deck,patio low wall, hedge, or draping vine; 2 A trellis or ar�or, 3 A change in elevation or grade; 4 A change in the texture o}the path material; 5 Sign; or 6 Landscaping. TRIMET O�MMLTTER RAII.STATION PAGE 10 OF 28 12/11/OG PUBLICHEARING STAFF REPORTTO THE HEARINGS OFFIC�R According to the applicant's narrative and site plan, the proposed improvements are designed with defensible space guideluies that include clear lines of sight and.visibility of public.waiting areas,.use of trees rather than shrubs to assure good visibility and avoid hiding laces, use of hghtin to avoid dark spaces, and placement of telephones on the station platform with �ree 911 access. To�urther address cnme prevention the applicant plans to implement secunry and emergency plans and protocoLs with all emergency provic�ers along the commuter Rail system prior to initiating service. The City of Tigard Police Department Cxime Prevention officer reviewed the proposal and had no object�on to it. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Intenor laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shalI be selected and the angles shaIl be oriented towards areas wlnerable to cnme; and e. Light fi�rtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking�lots, stairs, ramps and abrupt grade chan es. Fixtures shall be placed at a height so that light patterns overlap at a heigFit of seven�eet which is sufficient to illuminate a person. This standard appli� es primarily to dwellings and buildings. Lighting is proposed in areas of heavy �edestrian and vehicular traffic includin the station platform and park and ride as shown on Sheets B- Oa-f. However, lighting is not provided�or the multiuse path linking the park and-ride with SW Hall. As conditioned below, m the Commercial Zoning District section of th�s report, the applicant shall provide lighting,consistent with this standard. 11. Public transit a. Provisions within the plan shall be included for providing for transit if the development p�roposal is adjacent to or within 500 feet of exist�ng or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area• and (2) The size andtype of the proposal. c. The followin� g faciiities may be re uired after City and Tri-Met review: (1) Bus stop shelters; (2) Turnouts for buses; and�3) Connecting paths to the shelters. The proposed Commuter Rail station and park and-ride parking lot are themselves TriMet public transit improvements,consistent with this standard. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the o en space and recreation area requirernents of subsections 5 and 6 above, a minimum o�20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. A minunum of 15 percent of the gross site area shall be landscaped. The applicant's narrative states that the pro�p�osed landscaping has been designed in accordance with Chapter 18.745 as shown on Sheeu B-Sa-c. The standards of Chapter 18.745 are reviewed below. The open space and recreation requirements of subsections 5 and 6 pertaui to multi-familyhousing and are not a plicable. The applicant's narrative states 18.15% of the gross site area �s landscaped (14,043 square feet o�77,368 total square feet), consistent with this standard. 13. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant's narrative states that the proposed drainage plans (Sheets B-4a and b) are consistent with the 1981 Master Drainage Plan. As condiuoned above and reviewed below in the Street and Utilities section of this report,the drainage plan will be consistent with this standard. TRIIvIET QOMMLTIER RAII.STATION PAGE 11 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO Tf-IE HEARINGS OFFI�R 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and The app licant's narrative states that the station and park and-ride have been designed in confonnance with all app�icable ADA and state regulations, including provision of five ADA designed spaces as shown on Sheet B-9a and b of the plan set,consistent with this standard. 15. All of the provisions and regulations of the underlying zone shall ap 1y unless modified by other sections or this tide, e.g., Planned Developments, Chapter 18.�50; or a variance or adjustment granted under Chapter 18.370.i (Ord. 02-33) As reviewed in this report below, all of the provisions and regulations of the underlyin$ Central Business District zone, including Section 18.520.0608 Additional Development and Design Guideluies, and the Variance and Adjustment Chapter 18.370, app�y FINDING: The proposal does not meet all of the Site Development Review standards, but as conditioned in the findings further in this report,the applicable standards can be met. VARIANCES AND AD�iJSTMENTS(18.370�. Adjustment to access and egress stan a s (Chapter 18.705). In all zoning districts where access and egress dnves cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoinin property s-hall be considered. If access in conjunction with another parcel cannot reasonably �e achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure,as governed in Section 18.390.030,using approval criteria contained in Subsection 2b below. The applicant has requested two adjustments to the access and egress standards for both the driveway spacing standard (18.705.020.�L3) from the reguu-ed 200 feet to ap proximately 35 feet, and the driveway width standard (18.705.020� from the required50 feet to 24 feet tor access to the park and-ride lot off of SW Main Street. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the foIlowing criteria: (1) It is not possible to share access; The applicant's narrative states that there are driveways on adjacent parcels that are less than 200 feet from the proposed access �pomt and that shared access �s not feasible iven site constrains and impacts associated with the rai[comdor. However, there is no evidence in the�ile showing that adjacent property owners have been asked to share access. The adjacent property to the west includes a 15-foot parallel access to the proposed park and-ride,which could be used to reduce both of the variances requested. The e�sting access, in combulation with the adjacent access would meet the 50-foot single access requirement and reduce the requested adjustment to the spacing standard by approximately 65 }eet from lb5 feet to approximately 100 feet.It may be possible to share access to meet the access width stanc�ard. (2) There are no other alternative access points on the street in question or from another street; The pro1'e�ct site has approximately 152 feet of frontage on SW Main Street. The fronta e is constrained by the rail lines to the east and associated signage and signaling, utilities, sidewalks an� landscaping. The subject site_does also front on SW Hall Boulevard, an arterial; to the east. However, access onto SW Hall conflicts with the 600-foot access spacin standard for artenals. SW Commercial and SW Burnham are both within 600 feet of subject site.In a�ition,the railroad crossing irrunediately adjacent would present other complications with intersection and rail traffic control. The City's TSP shows a future extension of SW Ash Street connecting SW Burnham and SW Commercial Streets across the subject site. However,the Cityhas not yet acquired the right-of-w��a�y from SW Burnham to the sub'ect site. C urre�n�tly, there are no other alternative access points �rom SW Main Street, or SW Burnham�treet and SW Hall Boulevard. TRIlv1ET OOMMLTIER RAII�STATION PAGE 12 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO'THE HEARINGS OFFIC�R (3) The access separation requirements cannot be met; The pro�p�osed access is within 200 feet of four pa� rking lot accesses and both SW Commercial and Tigard Streets. The praposed access is restricted to within a 70-foot front�ag e on SW Main between the proposed rail alig�nment to the east and the a�dJ�acent property to the west. Therefore, the required 200 foot access separat�on for a driveway onto SW Main, a collector, cannot be met. (4) The request is the minimum adjustment required to provide adequate access; The applicant has not submitted evidence showing that shared access with the adjacent property to the west �s not possible. If shared access �s available, the_requested adjustment could be reduced from the existing proposal of approximately 165 feet to approxunately 100.feet. Without deterinining that shared access �s not possible, the requested adjustment for the access spaculg and driveway width may not be the m;r,;rr,um requu-ed to provide access to the park and-ride lot. (5) The approved access or access approved with conditions will result in a safe access; and The pro�posed traffic control measures include .right-in and right-out only and a center median. As reviewed below in the Access and Egress secuon of this reporc, the access can be approved with conditions of approval that will result in a safe access. (6) The visual clearance requirements of Chapter 18.795 will be met Plan Sheet B-13 demonstrates that the visual clearance requirement of Chapter 18.795 will be met. FINDING: The applicant has not demonstrated that shared access with the ad�acent parcel to the west �s not available. Therefore, staff in not able to determine �the request �s the minirnum adjustment required to provide adequate access. With the following condition of approval,the proposed access may be approved. CONDITTON: The applicant shall make a good faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a letter to that affect from the property owner shall be submitted to the City. If shared access is available,the applicant shall submit a revised plan set that incorporates the shared access that meets, or is the minim� adjustment necessaryto meet,the access width and spacing standards. COMII�RQAL ZO1vING DISTRICTS(18.5201 CBD: Central Business District The CB zoning district is designed to provide a concentrated central business distric centered on the City's historic downtown,includin�a mix of civic,retail and office uses. Single-fa�y attached housing,at a maximum density of 12 wuts/net acre,equivalent of the R 12 zoning�district,and multi-family housing at a minimum density of 32 units/acr+e,ec�uivalent to the R 40 zomng district, are pemiitted outright A wide ran e of uses, including but not lunited to adult entertainment, utilities, facilities with drive-up win�ows, medical centexs, major event entertainment and gasoline stations,are peimitted condtionally. The proposed Commuter Rail transit station and park and-ride are located within the Central Business Distnct and are classified as "basic utility" and "non-accessoryparking" uses, respectively. Basic utilities in the Central Business District require a conditional use pernut as shown in Table 18.520.1. Non-accessory parlflng is a pernutted use in the Central Business District sub�ect to site development review standards. Section 18.520.040 states that all proposed develoQments must comply with all of the applicable development standards in the underlying zorung district, except where the applicant has obtained variances or ad'ustment in accordance with Chapters 18.370; and must comply with all other applicable standa�s and requirements contained in this tide. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TTtIIvIETOOMMUIERRAIL STA'ITON PAGE 13 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO Tf-�HEARINGS OFFIC�R TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD CBD Pro osed Minimum Lot Size None 77,368 sf - Detached unit - - - Boarding,lodging,rooming house - - Minimum Lot Wdth None 152 lineal feet at Main St. Minimum Setbacks - Front yard 0/30 ft��7 0-foot setback; - Side facing street on comer&through lots �� 0/30 ft�u1 Does not abut a residential - Side yard 0/30 k��1 zoning distria - Side or rear yard abutting more reshictive zoning district - - Rear yard 0/30 ft�u� - Distance between front of garage&property line abuttin - a ublic or rivate street Minimum Building Height N/A Platform is 4 feet and shelter is 16fchi h Maximum Buildin Hei ht 80 ft��1 N/A Maximum Site Covera e��1 85% 82% Minimum Landsca e Re uirement 15% 18.15% Minimum FAR�31 N/A N/A Minimum Residential Densi �4��5��6� N/A N/A Ma�mum Residential Densi �4��5��6�� N/A N/A [1]The ptovisions of Chapter 18.795(Vision C�earance)must be satisfied. [2]Includes all buildings and impervious surfaces Based on the information provided in the namative and on plan set Sheets B-2, 3, 5, and 8, and as shown in the table above,the development standarcis in the C:BD commercial zone are sat�sfied. Section 18.520.060.B, Additional Development and Design Guidelines, provide for Interim requirements in the CBD zone. In the absence of an adopted design plan, the following issues under Subsection B.l.a must be addressed for new developments as necessary to serve the use anc� provide for pr+�� 1'ected public facility needs of the area, puisuant to C1�apter 18.810 as deternuned by the Director. The City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: On September 26, 2006, the City Center Development Agency(T"igard City Council� adopted, by Resolution No. 06-02, the Tigzrd Doz�oz�c St�s� D�sign Plan as the �u docwnent for unp rovements to Downtown streetscapes,gateways, ublic spaces, and green streets. Th�e�an (p�age I-9) identities a Multi Use Path that traveises the su6J'ect site�rom SW Hall Boulevar�d to SW Maui Street.The Plan further describes the multiuse pathway(�age I-14) as being parallel to the park�access wayand developed.from Hall to the north as a rail-to-uail pro� �ect. Although the Streetscape Design,Plan was adopted by resoluuon, it has not yet been codified by the Ziry. It is expected that the Plan will be mco��porated �nto a revised TSP during the ongoing Comprehensive Plan Review over the next several yeais. Therefore, the Streetscape Design Plan can be considered an interim requirement in the C�D zone. Pursuant to Section 18.810.040.B.2, as reviewed below, bicy�le and pedestrian connections on public easements or rights-of-way shall be provided when full street connection u not possible. Therefore, to meet the projected public facility needs of the C�D area, the Caty may attach conditions to the proposed new development to achieve the following objectives: The development shall address transit usage by residents, employees and customers if the site is within 1/4 mile of a public transit line ortransit stop. Specific items to be addressed are as follows: (a) Orientation of buildings and facilities towa�l transit services to provide for direct pedestrian access into the building(s) from transit lines or stops; TRIMET QOMMLTIER RAIL STATION PAGE 14 OF 28 12/11/06 PUBLICHEARIlVG STAFF REPORT TO'THE HEARINGS OFFICER (b) Minimizing transit/auto conflicts by pr�oviding direct pedestrian access into the buildings with limited crossing�s in automobile circulation/�parking areas. If pedestrian access crosses automobile cir�culation/parking areas,paths shalibe marked for pedestrians; (c) Encouraging transit-supportive users by limiting automobile support services to collector and arterial streets;and (d) Avoiding the creation of small scattered parking areas by allowin adjacent developments to use shared surface parking,parking structures,or under-structure pa�ng; The proposed Commuter Rail is comprised of a station platform u�nsit facility and a park and-ride lot. Pedestrian circulat�on between the lot, the Commuter Rail station, and Tigard Transit Center has been designed with clearly marked pedestrian paths as shown in plan Sheet B-2a,consistent with these standards. The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bike paths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as}ollows: The sub'ect site extends from SW Main Street to SW Hall Blvd.SW Hall Boulevard is designated as a regional Access �ikeway in the Cat�s Tr�ansportation System Plan. The subject site is also des�g' nated as a rail-to-trail f acility and multi-use path in the TigzYd Dozernozvi St�scap�e D�ign Plan Rail to trail or ra1 and trail f acilities can be considered linear open space pathwzys or parks. Therefore, the development shall facilitate pedestrian/bicy�le circulauon pucsuant to the tollowuig applicable items: (a) Provision of efficient, convenient and continuous pedestrian and bicycle transit ci�ulation systems linking developments by requiring dedication and construction of pedestrian and bike paths ic�entified in the comprehensive plan. If direct connections cannot be made, require that iunds in the amount of the construction cost be deposited into an account for the purpose of constructing paths; The C"ity adopted iu Transportation System Plan ('I'SP) in 2002, which is incorporated into the C"..ity's Comprehensive Plan.In 2006 the City Center Development Agency adopted the Downtown Streetscape Plan, an intenm requirement in the C�D zone. The applicant's narrauve acknowledges the Streetscape Des�gn Plan's "rail to trail" comdor through the site and states that the proposed deveiopment does not preclude implementation of the multi-use path in the future. However, the code requires new development to facilitate�edestrian/bicy�le circulation. A continuous connection between the 5W Hall regional bike facility and the mmuter Rail station and the beginrung of the rail-to-trail facility would provide an efficient and convenient addition to the bicy�le and pedestnan system in the CBD. Therefore, as a condition of approval, the applicant shall submit a revised site plan showing a multipurpose pa�th from SW Hall to the prop osed park and-ride in heu of the unnecessaryprop osed emergency access road. The City has budgeted funds for a detailed des�gn of the multiuse path,which will be made avail�ble to TriMet for use in iu revLCed site plan and construction drawuigs for the facility. (b) Separadon of auto and truck ci�ulation activities from pedestrian areas; No uuck circulation is proposed or expected within the Commuter Rail station and park and-ride lot. Therefore,this item is not applicable. (c) Encouraging pedestrian-oriented design by requirin pedestrian walkways and strieet level windows along all sides with public access into the bwl�ing; No buildings are proposed,theref ore,this item does not apply (d) Provision of bicycle parking as required under Subsection 18.765.050;and TRIIvIET�MMUfER RAIL STATION PAGE 15 OF 28 12/I1/06 PUBLIC HEARIIVG STAFF REPORT TO Tf IE HEARINGS OFFICER Pursuant to Table 18.765.2, no minim� p�-� � �q�ed for the basic utility or non-accessory par uses. However,the applicant's narrative and plan set(Sheet B-2a,number 20,and E�ibit I,Bike Rack De� demonstrate that nine parking spaces have been proposed consistent with the design requirements of subsection 18.765.050.G (e) Ensure adequate outdoor lighting by lighting pedestrian walkways and auto cix�culation areas. The proposed.pedestrian and auto circulation areas are prov�ided with outdoor lighting as shown in the plan set and indicated in the narrative, consistent with this standard However,the mulupurpose pathwa�ybetween the proposed par�k� and-ride and SW Hall Boulevard has not been included in the proposed plan. Therefore, the applicant shall submit a revised plan demonstrating that adequate outdoor lightuig�s provided for this poruon o}the site. Coordination of development within the action area. Specific items to be addressed are as follows: (a) Continuity and/or compatibility of landscaping, circulation, access, public facilities and other unprovements. Allow re uired landsca�ping areas to be grouped together.Regulate shared access where appropriate.Prolu�it li hting which shines on adjacentp roperty� (b) Siting and onentation of lan� use which considers sucround"ing lan� use, or an adopted lan. Screen loading areas and refuse dumpste� from view. Screen commercial and industrial use�rom single-family and residential uses through landscaping;and (c) Provision of frontage roads or shared access where feasible. The.City seeks to implement the Downtown Improvement Plan and the Tigard Downtown Streetscape Design Plan within the Central Business District.TI'riMet has worked closely with the City to design and lement the commuter ra��il�proJ ect un rovements in the Ciry of T�gard, ursuant to the 2002 IGA between co�inmuter rail cities and TrilVret. In addiuon,the October 7 2004 MC)U bePtvveen the City and TriMet outlines the Commuter Rail Access Plan for improving access topu�lic transit in the comdor,including pedestrian and bicy�le access improvements. Both the gwdin� rincipaCs and scope of this document identify pedestrian and bike connections to the proposed commuter�stauon.The mult�use path identified in the Tigard Downtown Streetscape Design Plan�s such an access improvement. FINDING: Not all of the Additional Development and Des�' n Guidelines, which provide for Interim requirements in the CBD zone, have been met. However, with the f ollowing conditions of approval the applicable standards may be met. CONDI'ITONS: . Prior to issuance of a site or building pemiit,the applicant shall submit a revised site plan showing a multiuse pedestrian and bicycle path from SW Hall to the�proposed pa�rk and-nde in-lieu of the roposed eme en access road. The C�ity wiIl�provide TriMet with a detailed design o} the mult��e path, which w�l be made ava�able to TriMet for use in its revised srte plan and construcuon drawings for the faciliry. . The applicant shall submit a revised site plan demonstrating that adequate outdoor lighting is provided for the multiuse path portion of the site. ACC�SS,E GRE SS AND QRCULATION(18.705,� No building or other permit s a be issued untxl scaled plans are presented and approved as provided by this chapter that show how access, egress and circulat�on requirements are to be iulfilled. The applicant shall submit a site plan. The applicant submitted a lan set that shows one 24-foot wide access onto SW Main Street where two 24-foot accesses or one 5�foot access is required. The access spacing standard also cannot be met as shown below in this section. These criterion are not satisfied, but may be satisfied if the conditions of approval for access and egress required in this report are met. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect direcdy with a public or pnvate street approved by the City for public use and shall be maintained at the required standards on a continuous basis. TRIMET O�MMLTTER RAIL STATTON PAGE 16 OF 28 12/11/06 PUBLIC HEARING STAFF ftEPORT TO TT�HEARINGS OFFICER The site has frontage on SW Main Street, a public street, consistent with this standard. Required Walkway Location On-site pedestrian walkways shall comp1y with the followin standards: Walkways shall extend from the ground floor entrances or�rom the �round floor landing of stairs, ram�s, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildin�s in multi-building commercial, institutional, and industrial complexes. Unless impractrcal, walkways shalI be constructed between new and existing developments and neighboring developments; The applicant's narrative and pl�an set show the required walkways linking the proposed platform and ramp v�nth the sidewalk on SW Main Street through the proposed park and-nde and to the existuig Transit Center,cons�stent with this standard. 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 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landsca�ing, pavement markings or contrast�ng pavement matenals are used. Walkways sliall be a mirumum of four feet in wi�th exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, anc� sign posts, and shall be in compliance with ADA standards; The applicant's plans show there are no required walkways crossing the vehicular access or parking area. The plans indicate the proposed sidewalks are concrete and meet the minunum required width, cons�stent with this standard. Re quired walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, bricli, etc. Walkways may be required to be lighted and/or si�ned as needed for safety purp oses. Soft-surfaced pubrc use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposing to construct all sidewalks with concrete materials, and the proposed lighting will light the proposed walkways,consistent with this standard. Access Mana ement Section 18.705.030.H): Section 18.70�030.H. states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer, URS Corporation, provided a preluYrinary sight distance certification for the proposed access location onto Main Street. The posted speed on Main Street is 20 mph requiring a m�n,,,,um of 200 feet of sight distance. The eng ineer states that since the access will be restricted to a right-in/right-out only movement, only the sight distance for eastbound traffic was measured. The engineer measured the sight distance from the proposed access to the west to be in excess of 300 feet. Prior to final inspections, the engineer shall submit to the engineering department a final sight distance certification based on post-construction measurements. Section 18.705.030.H.2 states that driveways shall not be permitted to be �laced in the influence area of collector or arterial street intersect�ons. Influence area of intersechons is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of- way line of the intersecting street to the throat of the proposed driveway. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less TRIIvfETO�MM[JIERRAII�STATTON PAGE 17 OF 28 12/11/06 PUBLIC HEARING STAFF REPOAT TO Tf-�HEARINGS OFFIC�R than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The applicant states that the proposed driveway is not within the influence area or a collector intersection; however the dnveway is only about 60 feet from the intersection of Main Street and Tigard Street. The limited frontage len�th does not allow for a different placement of the proposed driveway and therefore, can be considered pIaced as far from the intersection as possible. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets alon an atterial shall be 600 feet The minimum spacing of local streets along a local street shall be 12� feet The proposed driveway does not meet the miniinum 200 feet spacing standard for a Collector. The applicant has applied for an adjustment for this standard, which is reviewed and conditioned in the Vanance section of th�s report, above. Section 18.705.030.J includes minimum access requirements for commercial uses. Table 18.705.3 shows the mirumum ntunber of driveways required, minimum access width, and minimum pavement width for commercial uses depending on the number of required parking spaces. The proposed park and-ride lot contains 102 spaces. Table 18.705.3, for parking lots in excess of 100 spaces requires either two drivew�ays with 30 feet of access and 24 feet paved, or one dnveway with 50 feet o�access and 40 feet paved. The applicant propo_ses one access 24 feet wide and 24 feet paved. The minunum access width reqwremenu are not met. The applicant has applied for an adjustment for this standard,which is reviewed and conditioned in the Variance section of tfiis report,above. FINDING: As the above analysis shows, the proposed develo�pment does not meet all of the Access and E gress standards. However, with the following condition of approval, the standards can be met. GONDITTON: Upon completion of the improvements within the public ROW, the applicant's engmeer shall submit a final sight distance certification. ENVIRONMENTAL PERFORMANCE STANDARDS- �PTER 18J25: Requires that ederal and state environmenta aws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise,visible emissions,vibrat�on and odors. Noise. For the�urposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Murucipal Code shall apply. V'�sible Emissions. Within the Comme�ial zoning districts and the Industrial Park (I.P) zoning district, there shall be no use, operation or activity which results in a stack or other point- sour�ce emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a pro erty line. Departrnent of Environmental Quality(DE� niles for visible emissions (340-21-015 and 3�0-2$-070) appIy. Vibration. No vibration other than that caused by highway vehicles, trains and aix�craft is peimitted in any given zoning district, which is discernible without insmiments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at an oint beyond the property line of the use creating the odots is prohibited. DEQ niles for odois (340-��8-090) apply. TRIIvIET QOMMUI'ER RAIL STATTON PAGE 18 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO TI-IE HEARINGS OFFIC�.R Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this tide. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations,odors,glare and heat,or insects and rodents would resuIt from t�us specific development. FINDING: Based on the information provided bythe applicant, the use of the propertywill conform to the above requirements. If for some reason the above standards were in question and it was subsequently found that the use was out of comp liance with any of the a�ove standards the property owner would be sub'ect to code enforcement, court review, possible fines,and revocation of the Condition�Use Pernzit. LANDSCAPING AND SCRE F NING- CHAPTER 18.745: Street trees: Section 18.745.040 states that all evelopment projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apatt depending on the size classification of the tree at maturity(small, medium or large). The project has frontage on SW Main Sueet. The applicant has indicated in the narrative and on the site plan that they intend to plant street trees alon� gthat frontage of SW Main Street, but have specified trees that are not u�cluded on the Cit�s Street Tree List. Theref ore, the �applicant shall submit a revised landscape plan showing street trees uicluded on the City of Tigard Street Tree L�st. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed commercial develo ments in the CBD are adl�acent to like comir�ercial uses, which do not require buffering,pursuant to the�uffer Matrix in Table 18.745.1 Screenin of parking and loading areas is required. The specifications for this screening are as follows: �andscaped parkin� areas shall include special design features, which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; As shown on Exhibit B, Sheets B-2a and B-Sa-c, the proposed parking lot screening and landscaping meets the applicable standards. The parking lot is screened from ad acent roperties by a 6-foot lugh chain link fence with slats (which qualifies as screening pursuant to 18.74�.050.�8.d). Trees shall be planted in landscaped islands in all parking�areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and The applicant's plan includes 131andscaped islands. The islands are a m;n;,,,um of 7 feet by 16 feet in size. The isZands include a total of 22 trees, or 1 for every 4.7 spaces,consistent with this standard. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan shows trees planted within 7-foot planter strips with curbs,consistent with this standard. 7RIIvfET�MMLTIER RAIL STATION PAGE 19 OF 28 12/11/06 PUBLIC HEAItING STAFF REPORT TO TF-TE HEARINGS OFFI�'R Screening of service facilities. Except for one-family and two-fainily dwelling s, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or an�y residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height All refuse materials shall be contained within the screened area; The applicant intends to utilize the solid waste facilities of the ad'oirvng Bus Transit Station. These facilities have not been described in the application materials. There�ore, as a.condition of approval: the applicant shall submit a plan and elevat�on drawuigs demonstrating all service facilities are effectively screened from view. FINDING: The propo� �s-al dces not meet all of the requirements of the landscaping and screening chapter.With the following conditions of approval these standards can be met. CONDITTONS: . The applicant shall submit a revised landscape plan specifying trees included on the �ty of T"igard Street Tree List for the required street trees on SW Main Street. . The ap licant shall submit a plan and elevation drawings demonstrating all service�aciliues are effectivelyscreened from view. Mixed Solid Waste and Rec.�clables Storage (18.755� pter 18.755 re qu_ires that new construction incorporate functional and adequate space for on- site storage and e�icient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. FINDING: The applicant proposes to utilize the ad�acent existuig Tigard Tra�-isit Center solid waste and recy�luig facilrties. E�chibit O, Sheet �1 shows two waste receptacles on the proposed commuter rail platform It is reasonable to e�ect that this additional volume can be accommodated bythe existing facility,consistent v�nth this standard. OFF-STREET PARHING AND LOADING(18.765� Vehicle parking plan requirements. No buil ing or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. TFie applicant shall submit a site plan. The,applicant has submitted.a narrative and plan set showing how access, egress, and circulation requirements are fulfilled,cons�stent with this standard. The applicant proposes 102 parking spaces. Pursuant to Table 18.765.2, No minimum or maximum parking spaces are requued tor the transit and non-accessory parking uses proposed. Therefore, this standard�s met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestnan and vehicular traffic on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access,Egress and Circulation; As discussed earlier in this report, this criterion is not satisfied. However, the applicant has applied for an adjustment as reviewed and conditioned above in the Variance section of this report. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; TRIMET O�MMLTIER RAIL STATTON PAGE 20 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFT�ER Vision clearance is discussed later in this report. This criterion is satisfied. Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the access and all parking areas. Tlus standard is satisfied. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvenng within a street or other public right-of-way will be required. The parking spaces are serviced by two-way access within the northern portion of the project adjacent to the �:ommuter Rail stauon and one way access for the southern portion of the park and-ride lot. The proposed des��ig n allows room for vehicles to turn around and enter the street so that no backing movement will be required, consistent with this standard. Parking Lot Stripin�: Except for singIe-tamily and duplex residences, any area intended to be used to meet the off- street parking reyuirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shaIl be clearly marked and signed to show direction of flow and rnaintain vehicular and pedestrian safety. The applicant's plan set, Sheets B-9a and b, show the parking spaces will be striped and includes a right way e�t only. However, interior to the parking lot, one-way du-ection signs are not shown. In addition, that portion of the SW Main to SW Hall multiuse bicycle and pedestnan path located within the parking lot rnust be clearly marked. This standard is not met. Therefore, as a condition of approval,the applicant shall revise the site plan to show all interior drives and access aisles are clearly marked showuig direction of flow and maintainuig vehicular and pedestrian safety including pavement markers and signing for the multiuse path. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewaIks shall be p�rovided with a wheel stop at least four inches high located three feet back from the front of the parkin�stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape matenal that does not exceed the heig-ht of the wheei stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant has not proposed wheel stops for the spaces adjacent to the sidewalk at the east boundary of the parking lot. Therefore,this standardhas not been met. The applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. S� pace and Aisle Dimensions: T able 18.765.1. outlines the minimum dimensions for angled parking. The proposal identifies a total of 76 spaces utilizing.angled parking. Staff review of the parking plan illustrates compliance with Figure 18J65.1. T11is critenon�s sat�sfied. Minimum Bicycle Parking Requ� irements: The total number of reqwredbicycle parkin spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there �e Iess than two bicycle parking spaces. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Typ e II rocedure, as govemed by Secdon 18.390.040, using approval criteria contained in Section 18.370.02�C.5.e. 'IRIMET OOMMLTIER RAIL STATiON PAGE 21 OF 28 12/11/06 PUBLICHEARING STAFF REPORTTOTI-�HEARINGS OFFICER Pursuant to Table 18.762.2 no bicycle spaces are required for the proposed transit station and accessory parking uses.However,the applicant has provided rune bicy�le parking spaces as shown on the site plan Sheet B.2a�number 20).In addition,the applicant has provided the bicycle parking design in Exhibit I, consistent anth ection 18.765.050. Off-street loading requirements: Off-street loadin� spaces: Commercial, industrial and institutional buildings or structures to be built or altered w�uch receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: . A minimum of one loading space is required for buildings with ]0,000 gross square feet or more; . A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The,proposed.development includes a transit station and park and-ride lot, which will not be used to receive or distnbute material or merchandise. Therefore,the off-street loading standards do not apply. FINDING: The off-street parking and loading standards for wheel stops have not been met. However,with the following conditions of approval this standard can be met. CONDITTONS: . The applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required by the TDC Chapter 18.765. . The applicant shall revise the site plan to show all interior drives and access aisles are clearly marked showing d�irection of flow and maintaining vehicular Pa�pedestrian safety including pavement markers and signing for the multiuse SIGNS (18.780�: Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. FINDING: The applicant has not addressed this chapter and no sig ns have been proposed. However,if signs are later proposed,the applicant must apply for a sign perrrut. CONDITION: Prior to placement of any signs on site,the a�pplicant shall apply for a s�ig n permit and supply staff with the appropnate plans to verify compliance with TDC C:hapter 18.780. TRE E RE MOVAL - CHAPTE R 18.790: Section 18.790.030 requires at a tree plan for the planting, removal and pro� tection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall inciude identification of all e�cisting trees, Identification of a progra�m to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection �rogram defining standards and methods that will 6e used by the applicant to protect trees dunng and after construction. FINDING: The applicant provided a tree survey Sheet B-4a) and an arborist report prepared by certified arbor�st Ste hen Goetz, Pac�ic Resource Group. According to the arbonst report, only�tree#4 uich pine) of the eight trees identified on the project site?will be retained. Ot the eig t,trees, there are two trees_greater than 12 inches ui diameter, which total 30 calip er mches DBH. Pursuant to TL�C 18.790.030.B, mitigation will be required for 30 caiiper inches. Therefore, the tree removal standards have not all been met. The standards can be met with the following condition of approval: TRIlv1ET OOMMLJTERRAIL STATTON PAGE 22 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO'I��HEARINGS OFFI�R CONDITION: The applicant shall submit a tree mitigation plan for review and approval by the City Forester, �f the applicant chooses to provide tree rrutig�ation on-site. Alternatively, the applicant may choose to pay a fee-in-lieu at $125/caliper inch (30 inches x $125 = $3,750). VISUAL CLEARANCE AREAS- CHAPTER 18.795: Section 18.795.020.A. states that the provisions o this chapter shall apply to all development including the construction of new structures, the remodeling of exist�ng structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hed�e, planting, fence, wall structure or temporary or pernianent obstruction (except for an occasiona uhlity poIe or tree) exceeding three feet in height, measured from the top of the curb, or where no cu� exists, �'rom the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. FINDING: The applicant has indicated in the narrative and on a site plan detail (Exhibit B-13) that a clear vision area will be maintained at the intersection of the proposed accessway to the park and- ride lot and SW Mvn Street,consistent with this standand STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Chapter 18.810 provi es construction standards or e imp ementation o ublic an private facilities and utilities suc-h as streets,sewers,and drainage. The applicable standa�s are addressed below: Streets: Improvements: Sect�on 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing stmet shall be dedicated and improved in accordance with the TDG Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to have a 74 right-of-way width and 46-foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, stomi drainage, and street trees. T�vs site lies adjacent to SW Main Street,which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 38 feet of ROW from centerline, accordmg to the most recent tax assessor's map. SW Main Street is cturendy pattially improved. In order to mitigate the u'np act from this development, the applicant should consuuct halt-street improvements in accordance with the 3-lane Collector standard. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street�lan shall be filed which shows the pattern of existing and proposed future streets from the boundanes of the p%posed land division. This section also states that wher� it is necessary to give access or pernvt a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street These street stubs to adjoining propemes are not considered to be cul-de-sacs since they are intended to continue as tl�uough streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the �roperty owners which shall not be removed until authorized by the City Engineer, the cost of wluch shall be included in the street construction cost Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be const7ucted for stub stneets in excess of 150 feet in length. TRIMET QOMMCTIER RAIL STATION PAGE 23 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO'II-�HEARINGS OFFI�R While the ap�plicant does not believe this standard ap lies because they are not proposing the constiuction of anystreets,the standard is speaking to future streets. �e Cityof T"igard's TSP identafies the extension of Ash Street from Commercial Street to Burnham Street. The applicant shall provide a future street Plan with horizontal and vertical aligtunent of Ash Street. This future street plan shall clearly indicate the plattorm and station locations in order to ensure that these improvements to do not prohibit the future constntction of Ash Street. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barners such as topography, railroads, freeways, pre-e�cisting developments, lease provisions, easements covenants or other restrictions existing pnor to May 1, 1995 which preclude street connections. A�ull street connection may also be exempted due to a regulated water feature if regulations would not pemut consttuction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide throu h circulation when not precluded by environmental or top�ographical constraints, e�usting deve�o.pment patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide re quired extensions. Land is considered topographically constrained if the slope is greater than 15% }or a distance of 250 feet or more. In the case of environmental or topograp�ucal constraints: the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The City of T'igard's T5P identifies Ash Street as being e�rtended from Comrnercial Street to Burnham Street. The City has indicated they will be const the connecuon from Bumharn Street to the south side of the parking-lot in 2007. The remainder of the Ash veet construccion is expected to be completed with the future downtown improvements. Grades and Curves: Section 18.810.030.N states that grades shall not exceed tenpercent on arterials, 12% on collector streets,or 12% on any other street(except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as detemunedby the City Engineer. The applicant does not think this applies, however it applies to the frontage improvements they are required to complete on Main Street. The profile provided by the engineer for those unprovements indicate the grades do not exceed 12%,thereby meeting this critenon. Block Desig�ns - Section 18.810.040.A states that the len th, width and shape of blocks shall be desi�ned wrth due re gard to providing adequate bui�ding sites for the use contem�plated consideration of needs }or convement access, circulation, control and safety of street traffic an� recognition of limitations and opporlunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except � Where street location is precluded by natural topography, wedands or other bodies of water or,pre-existing development or, • For blocks ad�acent to aiterial streets,limited access highways,major collectors or railroads. • For non-residential blocks in which internal public cirrulation provYdes equivalent access. The applicant has not proposed any new streets. However, the ap licant has requested an adjustment to the access width standard because the site width dces not accomm�ate a suigle 50-foot wide access onto SW Main Street or a second 30-foot wide access to SW Ash Street.Althou gh�the Ash Street extension between the railroad right-of-way and SW Burnham Street could be conditioned in this report to meet the access and egress standards,the City has undertaken the acquisition and improvement of this segment SW Ash Street as part of its 2007 Downtown Capital Improvement Plan. In any case, the proposed development requires the Ash Street e�ctension to meet the access and e ress standards,and is therefore,sub'ect to the block design and size standards. The existing block, comprise� of SW Corrunercia�, Burnham, �, and Hall, is approximately TRIlvIET OOMMLTIER RAIL STATION PAGE 24 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO TI-IE HEARINGS OFFI�R 5,000 lineal feet. The SW Ash Street extension will not create smaller (3,000 lineal feet) blocks until it crosses the railroad,f or which there is an exception. Section 18.810.040.B.2 also states that bi_c ycle and pedestrian connections on public easements or right-of ways shall be provided when iull street connection is not possible. Spacing between connections shall be no more than 330 feet, except whene precIuded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. As described above, full street connections are not possible. The ap lic�an��t'_s� plans show a gravel emergency access road from the east end of the parking lot to Hall Boulev� "1vF� cominented on the prop osed development and found that this access is not required for emergency services. However, a bicy�re and pedestnan connection is required. This will provide a connection that is more than 330 feet, which is accep�table due to e�sting development patterns and the future extension of SW Ash Street. The sidewalk in the C.�D is required to be a 10-foot wide concrete sidewall�,in a public easement. NOTE: Although a detail design of this path segment is not yet available,.the City has budgeted funds for the detailed plan. The design plan will be made available to TriMet for use in its revised site plan and construction drawings f or the f aciliry. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. The applicant's plans show the construction of sidewalk along their Main Street f rontage,thereby meeting this cnterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Seivices in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizin • Section 18�10.090.0 states that proposed sewer s ystems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan. No sanitary sewer connection is proposed with this development. Storm Draina�e: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storrn water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the developmen� The City Engineer shall approve the necessary size of the facility, based on the provisions of Desi n and Construction Standards for Sanitary and Surface Water Management (as adopted by �ean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage areas that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shaIl withhold approval of the development unt�1 provisions have been made for improvement of the potent�al condition or untiI provisions have been made for storage, of additional runoff caused by the development in accordance with the Design and Construct�on Standards for Sanitary and Surface Water Mana ement (as adopted by Clean Water Services in 2000 and including any future revisions or amen�ments). TRIMET COMtiICJI'ER RAIL STATION PAGE 25 OF 28 12/11/OG PUBLIC HEARING STAFF REPORT TO TI-IE I-IEARINGS OFFIC£R In 1997, C1ean Water Services (CWS) completed a basin study of Fanno Cxeek and adopted the Fanno Creek Watershed Management Plan. Secuon V of that plan includes a recommendation that local governments institute a stormwater detention/effective impe_rvious area reduction pro�gram resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of unpervious surfaces provide onsite detention facilities, unless the development is located adJacent to Fanno Creek For those developments adjacent to Fanno Creek, the storrn water nanoff will be permitted to discharge without detention. The applicant's engineer has submitted plans, and calculations for a vegetated swale that will provide detention and water quahty f or the new impervious surf ace area runof f. Bikeways and Pedestrian Pathways: Bikeway E�rtension: Section 18.810.110.A states that bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan (TSP). Developments adjoining proposed bikeways identified on the Cit}�s adopted pedestrian/bikeway, plan shall include provisions for the future extension of such bikeways through the dedicadon of easements or nght-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development, SW Hall, an arterial, and SW Main, a collector, are adjacent to the proposed.site on the east and west, respectively. SW Hall Boulevard is classified as a regional bicycle facility in Tigard's 2002 TSP. In 2006, the Ti� Dozmuaren Stn�xscape Dgign Plan was adopted as the �uu�g document forunp rovements to Downtown streetscapes, ateways, pubLc spaces, and green streets.Tl'h�e 1'lan �page I-9) identi�ies a multi-use bicy�le and pedestrian pa� that traverses the sub�ect site from SW Hall Boulevard to SW Maul Street. The Plan further describes the multiuse pathway �page I-14) as being parallel to the parking access way and developed from Hall to the north as a rail to-traiI pro�ect. Therefore, the applicant shall include provisions for the extension of the multiuse path through a public access easement. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric communication, lighting and cable te7evision services and related facilities shall be place� underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets w}uch may be placed above �round, temporary utility service facilities during construction, high capacity electnc lines operat�ng at 50,006 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; . The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, includin sanitary sewers and storm drains installed in streets by the developer, shall be constructe�prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not under�round will serve the development and the approval authority determines that the cost and techiucal difficul of under- roundin the utilities outweig hs the benefit of under- roundin in conjunction withtythe development �he determination shall be on a case-by-cas ebasis. �he most common, but not the only, such situation is a short frontage development for which under- grounding� would result in the placement of additional poles rather than the removal of above- ground ut�lities facilities. An applicant for a development w�iich is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. TRIlvIET QOMMUIER RAIL STATION PAGE 26 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO 1�HEARINGS OFFI�R ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traff'ic Stud Findin s: URS prepare a Final ransportation Impact Anal is for the Tigard C�D Park and Ride in August 2006. The par_k and ride will contain approximately 12�spaces in the Tigard Central Business Distnct (C�D), The URS analysis indicates that the Tigard C�D park and ride would have.limited impacts to overall traffic operations wrtlun the study area. URS goes on to say that minor rrutigation can be developed which will be designed to mauztain safe vehicle and pedestnan c�rculation ui the study area. Proposed project-related mitigation measures include construction of center medians on Main Street through the proposed Tigard CBD rail crossing. This median is shown on the applicant's plan submittal. URS also lists under recommended mitigation measures the construction of an additional access that will be constructed to the south along the alignment of Ash Avenue that will connect to Burnham Street. The design and construction of this connection is ident�fied as a City QP project in 2007. Public Water S stem: The City o Tigard provides service in this area. The applicant's plans indicate they will be installing a 1-inch service. Storm Water Oualit�: The City has agreed to enforce Surface Water Management (SWM regulations established by Clean Water Services (CWS� Design and Construction Standards �adopted by Resolution and Order No. 00-7) wluch require the construction of on-site water quahty faciht�es. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storrn water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, th�e applicant shall submit plans and calculations for a water quality facilitythat will meet the intent of the C,�WS Design Standards. rn addition,the applicant shall submit a maintenance plan f or the f acility that must be reviewed and approved by the City pnor to construction. To ensure compliance with C1ean Water Services design and construction standards, the applicant shall em�loy the design engineer responsible for the design and specifications of the private water quality f ac ty to perf orm construction and visual observation of the water quality f acility f or compliance with the design and spec�fications. These inspections shall be made at significant stages throughout the pro�ect and at completion of the construction. Prior to final building inspection,the design engineer shall provide the City ot Tigard (Inspection Supervisor) with written confuination that the water quality facility is in comphance with the design and specificauons. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavatin clearing, and any other activity which accelerates erosion. Per CWS regulat�ons, the app�cant is required to submit an erosion control plan for City review and approval pnor to issuance of City permits. The Federal Clean Water Act reyuires that a National Pollutant Discharge Elimination System (NPDES�erosion control permit be issued for any development that will disturb one or more acre of land. ince this site is over an acre, the developer will be required to obtain an NPDES permit from the City prior to construction. This pernut will be issued along with the site and/or building permit The applicant will be required to obtain an NPDES 1200C pernut. TRIMET OOMD�J'IER RAIL STATION PAGE 27 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO T�IE HEARINGS OFFICER Site Permit Re uired: The app 'cant is required to obtain a Site Pernut from the Building Division to cover all on-site private utility u�stallations (water,sewer,storm,etc.) and driveway construction. Address Assi nments• The City o igard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be pai�to the City prior to �ssuance of pernuts. D. IMPACT STUDY: Section 18.390.040.B.2.e 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 CrtX standards, 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 specificaIly concur with a requirement for�ublic right-of-way dedication, or provide evidence that supports that the real property dedicahon is not roughly proportional to the projected impacts of the development The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are currently serving the site or are capable of serving the site. The prop osed development proposal does not require an�y dedications. As the proposed transit use w�ll reduce trat�ic on the Cit�s roads, no Traffic Impact Fees will be assessed. This standard�s met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review; their comments have been incorporated mto th�s report. The City of Tigard Police Department has reviewed this application and has no objections to it. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue commented that no emergency access is required for the proposed development. Clean Water Services, Oregon Depamnent of Transp�ortation, Oregon Department of Environmental Q�,�ality, Waslungton County, Metro, and TriMet were given the opportunity to review this proposa�and submitted no comments or objecuons. � December 6,2006 PREP D BY: - ary agenstecher DATE Ass ciate Planner TRIMET O�MMUTER RAIL STATION PAGE 28 OF 28 12/11/06 PUBLIC HEARING STAFF REPORT TO Tf�HEARINGS OFFIC�R � i �z w p� • �— J � • � C � �� GEOGRAPHIC INFORMATION SVSTEM VICINITY MAP S`"�o —___________ M,�FRC' PJ�G Q — A<S,. o J CUP2006-00003 � m SDR2006-00006 �A VAR200G-00077 � VAR2006-00078 s�o� ------______ TRIMET ��c �'tis COMMUTER RAIL STATION c� S�G ��< lFc �,o� �� Tiga ra it n r sT �9� Com er ' Pl m a s FE �P�� FE A � < � - eG� 9C/�� ,O � �y�� w s � Q �N„A o �� gE F BE1A R� • �RD �v �P Tipard Nea Map `'� N �/`��/��o 9� 90 o ioo zoo aoo aoo soo Fee� 1'=387 faet r a Informalion on this map is tw peneral loealion ony and ahould De veriRed with the Development Sarvices Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-{171 �� http:lAv.vw.ci.t iga rtl.or.u s Community Development Plot date: Nov 13,2006;C:�magicWIAGIC03.APR A • e • C • 0 • E • F • C • H a � � I ' i � � ; � � 1l+14.SY I 1 ' I � Z � ROW/CdISTRUCTION LIMIT 12iSS.0! 13+14.7! 20' 10' D' 20' 40' � � 26+00.25 � ! 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C26 'DO• C27 I o' � MB� CIVIL KEY NOTES REFERENCE DETAII(5) CSY- CJO � ' 'D' " I CONST.A COATEU CFI�IN LINK FENCE 2 CTMJ01 C71 7+ 0' I '0' 4 CONSTflUCT SIDEWAIK. iIGARO STD 120 � C32 7' 3 CDNSTRUCI AC PAVEMENT 20C3055t CS] �' CONSTRUGi STANDARD CURB Tt6ARD STD D7L 126� C34 S CONSTRUCT CONCRETE DRIVEWAV TICAND STO 111 �� C35 E CONSTRUCT GRAVEL ROAD 20C]052] CDC 7 TPAC SIONAL EQUIPMENT SEE J SENIES DWCS �" " ' G7 D CONSTRUCi E SLqTTED fENCE 1 C�N301 I � - CJ6 ' ' ' ' " 7� ��D CONSTRUCi IB'DOU9LE OATE S CTM301� � 10 CONSTRUCT CURB ANO�OUTTER� TICARD�STl1 126 � STATION ANO OFFSET ARE TO RADIUS POINi OF ARG. �) } . � e ic oa � TRI-COUNTY METROPOUTAN TRANSPORTATIDN DISTRICT OF OREGON WASH'INCTON COUNTY COMMUTER RRIt � � a�cH e i9 _ �T � TRACK/SYSTEAlS/STYtTION CMCC t _� CAPITAL PROJECTS � �� -�- % � T R I �� M.ET FACII,�TIESoOMSIQN PAItK ANO�R DE SITE fPLAN 4 710 N.[�MOLLMAY YTRER , ! ,t -0I A0.1 INII.117L�D Fpl G 1 FWN E 30 00 � ' ouY .�u.m MID MI111AlID�OIIE0011 �7174 � pYw9 wi+ n. wm Yo.� � � �� a.t n �wo. �wa� ��1� • o.��cr ie/a�M B4b � 07-31-DO a7-71-00 I'.YO' 17C70l22 �RHOJ0241BW Y N � • ' � � ' � ► � � � � . , � . �- : �� . � , � - � � � 1 � � , ! . � ' � *.�=-y �,�► ' ' ' HEARINGS OFFICER MONDAY-DECEMBER 11, 2006 - 7:00 PM .�ssistive Listening Devices arc :��,iilal�le t��,r ��cr:�,n� ��ith im��airc�l hcarin� ancl �h�>ulcl Ix� �cl��clul��cl tor Hearings Officer meetings b�- noon on the Frida�- prior to the ineetuig. Please call ��3.G39.-4171, E�t. 3-438 (�-oice) or �03.68-�?772 (TDll - Telecommunicarions De�-ices for the Dea�. L'pon reyuest, the Cit�� will also endeavar to arrange for qualified sign language interpreters for persons�vith speech or hearing impairments and yualificd bilingual interpreters. Since these senrices must be scheduled with outside service pro��iders, it is important to allow as much lead time as possible. To request such services, please noufy� the Cin� of'I'igard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting d�te at the same phone numbers listed abovc so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ��APPEAL" OF HARRIS-MCMONAGLE HEADQUARTERS SITE DEVELOPMENT REVIEW (SDR) 2006-00004 �'�RI.�NCE (�'�R) 200G-OU073 ITEM ON APPEAL: On October 30, 2006 the Director issued a decision to approve a request for Site De�-elopment Re�-ie�ti� appro�-a1 to demolish the existing structures on site and construct a new 7,500 square-foot office building for their own use; and for an l�djustment to the street access spacing standard for the proposed driveway�, because it does not meet the 200-foot spacing requirement for streets on a collector. On No�-ember 14, 200G an appeal �vas filed pertaining to Condiuon of �lppro�-al #1 requiring the applicant to proeide Le�-el "D" buffering along the southeast and south�vest boundaries of the subject site in accordance with Table 18.745.2 of the Code. LOCATION: 8730 SW Scoffms Street;Washington Counn�Tax Map 2S102��,Tax Lot 3000. ZONE: CBD: Central Iiusiness District. "1'he CBD zoning district is designed to provide a concentrated central business district, centered on the Cin�'s historic downtown, including a mix of ci�-ic, retail and office uses. Single-family attached housing, at a maxunum densin� of 12 units/net acre, equi�-alent of the R-12 zoning district, and multi-famil�� housing at a minimum density of 32 units/acrc, equivalent to the R-40 zoning district, are permitted outright. r� ��ide range of uses, including but not limited to adult entertainment, utilities, facilities with driee-up windows, medical centers, major e�-ent entertainment and gasoline starions, are permitted conditionall}'. REVIEW CRITERIA BEING APPEALED: Communiti• De�-elopment Code Chapter 18.745. Page 1 of 2 ' �_ 2.2 TRIMET COMMUTER RAIL STATION CONDITIONAL USE PERMIT (CUP) 2006-00003 SI'1'E D�:�'�:LOI'�1ENT RF.`'IF.W (SDR) 2006-OU006 V.1RI:�NC}�. (�'��R) 200G-00077 &2006-00078 PROPOSAL: The applicant requests Conditional Use .�ppro�-a1 to construct a 2,890 square foot commuter rail station platform adjacent to `1'rli'�1et's e�sdng bus starion, Site lle��elopment Review for a 102-space park and ride lot located in the adjacent Burlington Northern abandon rail right of ��a�-, and �-ariances to the access and egress standards for both dri�-ewa�� spacing (from the required 200 feet to 20 feet) and dri�-ewa�- width (from the required 50-feet to 24 feet) for access to the park and ride lot off of SW �1ain Street. LOCATION: "I'he project is located on Tat lot 2S1021�.1, 04801 and porrions of ODO'I' ri�;ht-of-�va�� (1'ati Lot 1S135CB, 00800) and L`nion I'acific Railroad right-of-wa�� between SW �1ain Strcct and SW Hall Boule��ard. ZONE: CBD: Central Business District. `The CBD zoning district is designed to pro�-ide a concentrated central business district, centered on the City-'s historic downto�vn, including a mix of ci�-ic, retail and office uses. Single-famil�� attached housing, at a masimum densin- of 12 units/net acre, equitTalent of the R-12 zoning district, and multi-family housing at a minimum densit�� of 32 units/acre, equi�-alent to the R-40 zoning district, are permitted outright. r� wide range of uses, including but not limited to adult entertainment, utilities, faciliues with drive-up windows, meciical centers, major event entertainment and gasoline stations, are permitted conciitionally. APPLICABLE REVIEW CRITERIA: Community� De�-elopment Code Chapters 18.330, 18.3G0, 1�.370; 18.390, 18.520, 18.705, 18.725, 18.745, 18.755; 18.7G5, 18.780, 18.790, 18.795 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 2 of 2 _ _ :f� �, Execution Copv SHARED U$E AGR�EMENT THIS SHARED USE AGREEMENT ("Agreement"} is made on this 27th day of November, 2006 (the "Execution Date"), by and befinreen Portland &Westem Railroad, Inc. ("P&W"), a New York corporation, and Tri-County Metropolitan Transportation District of Oregon ("TriMeY'), a municipal corporation. RECITALS WHEREAS, P&W is a railroad that pravides freight rail service on certain railroad lines located in Oregon, including the railroad line between Wilsonville (former Oregon Electric Railway, Oregon Electric Subdivision milepost 42.8) and Beaverton (former Oregon Electric Railway, Tillamook Branch Subdivision milepost 755.43}, a distance of approximately 15.3 route miles; WHEREAS, PB�W and Washington County, Oregon ("County") had a shared use agreement in place effective as of November 21, 2005, assigned from County to TriMet, and terminated as of the Executian Date, and in light af the termination of the aforementioned shared use agreement, P&W and TriMet want a new Shared Use Agreement to govem use of the Subject Line; WHEREAS, the State of Oregon/Oregon Department of Transportation ("ODOTn) acquired the right of way underlying the portion of the Subject Line between Wilsonville (milepost 42.8) and Tigard (former Oregon Electric Railway, Oregon Electric Subdivision mileposi 32.1) from The Burlington Northem Santa Fe Railway Company ("BNSP') pursuant to a Rail Corridar Real Estate Danation Contract dafed April 24, 1998; WHEREAS, �DOT's ownership of the right of way underlying the portion of the Subjec# Line between Wilsonville and Tigard is subject to an exclusive rail service easement held by PB�W. The easement includes the fallowing pravision: DC-822846 v13 I Execution Copv Grantee shall have the right ta attempt to prevent any access to the rail corridors that does not exist on the date of closing, where such access would more than insignificantly increase Grantee's liability risks or interfere with Grantee's rail operation, construction or maintenance activities, and, accordingly, under these circumstances, Grantor, or its successor(sy, shall obtain Grantes's prior written consent before entering into any agreement providing such access to another party; WHEREAS, on the portion of the Subject Line between Wilsonville and Tigard, P8�W is the owner of all track, ties, signaling and road crossing protection equipment, ballast, buildings, and other improvements needed for rail service; WHEREAS, County intands to acquire the remaining portion of the Subject Line (including the right of way and improvements located thereon) between Tigard (former Southem Pacific Railroad, Tillamook Branch Subdivision milepost 749.95) and Beaverton (milepost 755.43) (the "Northem Segment") from Union Pacific Raifroad Company ("UP°) pursuant to a Purchase and Sale Agreement and then convey the Northern Segment to TriMet; WHEREAS, after Washinton County's acquisition of the Northern Segment from UP and TriMeYs acquisition of the Northem Segment from Washington County, P&W shall cantinue ta operate as the sole provider of freight rail service, first pursuant to that certain Lease Agreement between UP (as successor to Southern Pacific Transportation Company) and P&W, dated August 18, 1995, and later, pursuant to an easement reserved by UP in the above-referenced acquisition by Washington County and quit- claimed to P&W by UP; WHEREAS, TriMet intends to provide passenger rail service on the Subject Line, subject to P&W's exclusive rights to provide freight rail service thereon; 2 Execution Copv WHEREAS, the parties recognize that TriMet's operation of passenger rail service on the Subject Line will more than insignificantly increase P8�W's liability risk and interfere with P8�W's freight rail operation and its ongoing construction and maintenance activities; and WHEREAS, in this Agreement, P&W has agreed not to attempt to prevent, and to allow, TriMeYs passenger rail service on the Subject Line and accept the burdens associated with such service, subject to the limitations and conditions specified herein; and WHEREAS, P&W has agreed to provide specified dispatching, maintenance, administrative, and other services to TriMet; and WHEREAS, P&W has agreed to provide nearly all of the services required by TriMet on an at cost basis; and WHEREAS, TriMet shall bear all the costs and business risks associated with its passenger aperatians and shall not impose on P&W any costs or business risks attributable to TriMet's passenger ope�ations, as set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which a�e hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: SECTION 1. DEFINITIONS "Agreement"shall mean this Shared Use Agreement by and between P8W and TriMet. "Changes andlor Additions" shall mean any material improvements to the Subject Line constructed after the Effective Date, including but not limited to material additions, 3 � -� �� CONTINUING CONTROL AGREEVIENT PROVIDING USE OF ODOT REAL PROPERTY FOR THE COM:VIUTER RAIL PROJECT This continuing control agreement (the"Agreement") is made and entered into by and between the State of Oregon, acting by and through its Department of Transportation ("ODOT"), and the Tri-County Metropolitan Transportation District of Oregon, a mass transit district organized under the laws of the state of Oregon ("TriMet") (jointly referred to herein as "the Parties"), as of the last day and year shown above the Parties' signatures. RECITALS A. In 1996, Washington County ("County"), the cities of Beaverton, Tigard, Tualatin, Wilsonville and Sherwood, and TriMet, Metro and ODOT began studying the feasibility of a commuter rail line in a branch rail corridor(which corridor runs in part over real property to which ODOT succeeded to the ownership interests of The Burlington Northern and Santa Fe Railway Company, a Delaware corporation (`BNSF")pursuant to an April 24, 1998 donation contract, entered into by and between ODOT and BNSF (the"Donation Contract")) that parallels I-5 and Oregon Highway 217 between Wilsonville and Beaverton (the "Project"). B. The Donation Contract was subject to a permanent and exclusive rail service easement (the "Easement") in favor of the Portland and Western Railroad, Inc. a Delaware corporation. ("P&W"). C. In September 1999, the County, under the oversight of the Federal Transit Administration ("FTA"), began alternatives analysis and an environmental assessment process required by the National Environmental Policy Act of 1970 ("NEPA"). An extensive public involvement process was undertaken, which resulted in an indication of public and business support for the Project. D. Final environmental assessment was published on January 23, 2001, followed by a Finding of No Significant Impact ("FONSI") issued by FTA on March 22, 2001 with an addendum issued on April 9, 2001. E. On May 7, 2004, FTA authorized the commencement of final design, which is now underway. F. On or about November 21, 2005, the County executed a Shared Use Agreement ("SUA") with"P&W". The SUA, for full and fair consideration, gave the County the right to provide passenger service over P&W's rail line located within the proposed commuter rail corridor, including the ODOT portion thereof, and to make certain Project related improvements to that same P&W rail line, among other things. F. TriMet intends to enter into a Full Fundin�Grant Agreement ("FFGA") with FTA for acquisition, construction, operation, and maintenance of the Project. G. Pursuant to an ORS 190 intergovernmental agreement between the County and TriMet, the SUA will be assigned to TriMet within three (3) business days from the date the FFGA is executed, and TriMet will be the lead agency and take all reasonable steps to secure and administer federal funds for the Project, and to design, construct, and manage the Project in a manner consistent with all applicable agreements, including but not limited to this Agreement, the SUA and all applicable local, state and federal regulations. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the Parties as follows: AGREEMENT 1. For the purpose of allowing TriMet to construct, operate and maintain the Project, and in consideration of improvements, valued in excess of$10,500,000, that will be made to the Property (as defined below)by TriMet under the Project, and to allow TriMet to satisfy the continuing control requirements of the FTA as set forth in 49 U.S.C. § 5309(d)(1), and consistent with the tertns of the SUA and this Agreement, ODOT has agreed to lease to TriMet ODOT's rail corridor property comprised primarily of: (i)the "RR Operating Property", (ii) the "Tigard Park and Ride", and (iii)the Tualatin Park and Ride" (hereafter collectively referred to as the "Property") as further described in a ground lease substantially in the form attached hereto as Exhibit A (the"Lease"). The Parties acknowledge that ODOT's interests in the Property under the Donation Contract are subject to the Easement, and that P&W is the owner of all existing track, ties, signaling and road crossing protection equipment, ballast,buildings, and other improvements upon the RR Operating Property needed for rail service (the"Existing P&W Improvements"); provided however, that the Existing P&W Improvements do not include any bridges, cmbankments or other supporting track structures located on the Property that remain in the name of ODOT pursuant to thc Donation Contract. In consideration for the continuing control rights granted under the Lease, TriMet agrees to maintain the Tigard Park and Ride and Tualatin Park and Ride in reasonable operating condition so long as it operates under this Agreement and the SUA, recognizing that P&W is responsible for maintenance of the RR Operating Property under thc SUA. In the evcnt the SUA cxpires or is terminated or TriMct ceases to operate the Project for a period of five (5) years or longer: A. TriMet shall promptly notify ODOT of such expiration or termination of the SUA or cessation of operation of thc Project; and B. After receipt of notification from TriMet under subsection 1.A, ODOT may tcrminate the Lease as provided in the Lease; and. C. Upon termination of the Lease under subsection l.B, ODOT may make written demand that TriMet restore the Property to its condition prior to the execution of the Lease. If such a demand is made, TriMet shall be obligated to restore the Property to its condition prior to the exccution of the Lease, provided, however, that TriMet shall have no right or obligation to remove or otherwise take any action with respect to the Existing P&W Improvements or any Freight Only Changes and/or Additions as that term is defined in the SUA. However, if no such written demand is made, TriMet shall not restore the Property in any manner. 2. ODOT retains its interests in the Properry pursuant to the Donation Contract and, to the extent consistent with the Lease,retains control of utility easements,property leases, private crossing agreements and utility franchise rights. 3. The Parties acknowledge that ODOT has certain regulatory authorities and obligations set forth in state and federal statutes and rules that will apply to or affect the Project and the Property. ODOT's rights and obligations under this Agreement are solely in its capacity as successor in interest to the ownership rights of BNSF to the Property pursuant to the Donation Contract and shall not be construed as in any way limiting, implementing, transferring, assigning or modifying ODOT's regulatory authorities or obligations. 4. Except as required by ODOT's regulatory authorities or obligations, or as otherwise provided herein or in the Lease: A. ODOT agrees to take no action that would unreasonably interfere with the use of the Property, as defined in Paragraph 3 of the Lease,granted to TriMet under the Lease. The Parties acknowledge and agree that temporary interferences for emergencies may occur. Except in emergency situations where no notice is feasible, ODOT shall provide TriMet with reasonable notice of any temporary interference and shall cooperate with TriMet representatives to minimize the interference and, if possible, provide that only one track is affected by the interference at any one time. B. ODOT may approve changes in the vicinity of the Property that may affect the operation of the Project, provided, however, that ODOT shall provide reasonable notice of such changes and TriMet and ODOT shall work together to mitigate the impact of such change on operation of the Project. C. ODOT, in its sole discretion,may allow utilities to construct, install, maintain and operate equipment and facilities in,under, and above the Property, provided, however, that in allowing such activities ODOT shall require the utility owner to use methods that, to the extent feasible, allow Project operations to continue during construction. 5. The Parties acknowledge and agree that: A. Subject to the terms and conditions of this Agreement, the Lease and the SUA, TriMet shall have the right to construct, maintain, and operate the Project on the Property. B. ODOT has reviewed and commented on the 60%and 75% construction plans and specifications for construction to occur on the Leased Property and for structures partially or entirely located on the Leased Property(the "Plans and Specifications"). In addition, and apart from any review and approval rights ODOT may have under its regulatory authorities, ODOT shall have the right to review and comment on the 95% and 100% Plans and Specifications. TriMet shall provide ODOT not less than 15 working days to review and comment on the 95% Plans and Specifications and 10 working days to review and comment on the 100% Plans and Specifications. 6. FederalInterest: A. Because the Project will be constructed utilizing, in part, federal funds provided by FTA, the federal government will assert a federal interest in all structures, equipment and other facilities acquired or constructed with federal funds located in or upon the Property in connection with the Project(the"Improvements"), and TriMet's rights under this Agreement and the Lease may not be assigned or transfened without FTA's and ODOT's written concurrence. B. If the Project is no longer used for the purposes set forth in this Agreement or if the commuter rail ceases operation or is used in manner substantially different from the agreed Project description as set forth herein, TriMet shall request the FTA to approve the release of FTA's interest in the Improvements and the transfer of the Improvements to ODOT without cost, to be used for a public purpose. C. If FTA does not approve the release of its interest and the transfer of the Improvements as set forth in subparagraph b of this section or otherwise asserts a federal interest that jeopardizes ODOT's interest in the Improvements, TriMet shall defend, save, indemnify and hold the State of Oregon, the Oregon Transportation Commission, ODOT, and their officers, agents and employee harmless from and against any claim of loss arising from the failure of the federal government to approve such release and transfer or the federal government's assertion of a federal interest in the Property or the Improvements. 7. A. Subject to the limitations of the Oregon Constitution and, with respect to claims, suits, actions, and liability arising under Oregon law only, subject to the limits of the Oregon Tort Claims Act, and subject to subsection 7.B. below, TriMet shall defend, save, indemnify and hold harmless the State of Oregon, the Oregon Transportation Commission, ODOT, and their officers, agents and employees from and against any claims, suits, actions and liability whatsoever resulting from or arising out of this Agreement or the Lease, and from and against any and all liens, encumbrances and suits filed in connection with TriMet's use of the Property and the construction and operations of the Project and against all costs, expenses and liabilities incurred in connection with such operations or encumbrance or any action or proceeding brought thereon, including without limitation the design and construction of the Project facilities and any liability for personal injury, environmental damage or release of any "hazardous substance". Provided, however, TriMet shall not defend any claim in the name of the State of Oregon or any agency of the State of Oregon, including ODOT, nor purport to act as legal representative of the State of Oregon or any of its agencies, including ODOT, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that it determines that TriMet is prohibited from defending the State of Oregon, TriMet is not adequately defending the interests of the State of Oregon, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense. TriMet shall be responsible for any damage or loss to ODOT's real or personal property including, without limitation, the Property, arising out of or in any way connected with TriMet's construction, maintenance, repair, removal and operation of the Project facilities. It is understood and agreed that TriMet,by entering into this Agreement, is not accepting any liability for any discharge or release of hazardous substances onto or from the Property prior to the effective date of this Agreement, and that ODOT is not attempting to convey any such liability. From and after the effective date of this Agreement, TriMet's liability for discharge or release of hazardous substances shall be limited to circumstances where TriMet or the Project causes a discharge or release or negligently aggravates an existing condition on the Property in violation of environmental laws. For purposes of this Agreement, the terms "release" and"hazardous substance" shall have the meaning set forth in ORS 465.200. B. Subject to the limitations of Article XI, §7 of the Oregon Constitution and subject to the limits of the Oregon Tort Claims Act, ODOT shall defend, save, indemnify and hold harmless TriMet, its officers, agents and employees from any loss, liability, claim of liability or expense whatsoever(including reasonable attorneys' fees and litigation expenses) concerning this Agreement or the Lease that arises out of or is related to (i) any violation of law by ODOT or its agents, independent contractors, and employees (the "Covered Persons"), or (ii) any willful or negligent action or inaction of ODOT or its Covered Persons. C. The provisions of this Paragraph 7 shall survive the expiration or earlier termination of this Agreement. 8. Any dispute between the Parties with regard to this Agreement shall be resolved as follows: A. In the event a dispute arises under this Agreement, the Parties agree to non-binding mediation of such dispute. The non-binding mediation shall be conducted at such location, in accordance with such procedures, and on such time schedule as the Parties may agree. The mediator shall be selected by mutual agreement of the Parties, or if the Parties cannot agree, by the Presiding Judge of the Marion County Circuit Court. Mediator fees shall be shared equally among the Parties. Each party shall bear its own costs and expenses in connection with the mediation. Each pariy shall participate in such non-binding mediation in good faith. B. Nothing in this Agreement shall preclude a party from pursuing any other remedies available at law or in equity or otherwise exercising its rights as provided by law, in the event non-binding mediation is unsuccessful. 9. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to TriMet or ODOT at the addresses set forth below or at such other address of which such party shall have notified in writing the other party hereto: If to ODOT: Oregon Department of Transportation 355 Capitol Street NE Salem, Oregon 97301-3872 Attn: Director If to TriMet: Tri-County Transportation District of Oregon (TriMet) 4012 SE 17th Avenue Portland, Oregon 97202 Attn: General Counsel 10. This Agreement shali inure to the benefit of and shall be binding upon ODOT and TriMet and their respective successors and assigns. 11. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements,or representations, oral or written, not specified herein regarding this Agreement. No waiver of any provision of this Agreement or consent shall bind either party unless in writing and signed by both Parties. Such waiver or consent, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of a party to enforce any provision of this Agreement shall not constitute a waiver by the party of that or any other provision. 12. ODOT and TriMet are the only Parties to this Agreement and are the only Parties entitled to enforce its ternis. Nothing in this Agreement gives, is intended to give,or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are expressly described as intended beneficiaries of the terms of this Agreement. 13. Any modification of this Agreement shall be mutually agreed upon and reduced to writing and shall not be effective until signed by the Parties hereto. 14. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon, without giving effect to the conflicts of laws principles thereof. Any action or suit brought by the parties relating to this Agreement shall be brought and conducted solely and exclusively in the Circuit Court of Marion County for the State of Oregon,in Saiem, Oregon, unless such claim, action, suit or proceeding must be brought in a federal forum, in wtuch event such claim, action, suit or proceeding shall be brought and conducted solely and exclusively in the district court for the federal District of Oregon. Notwithstanding the foregoing, neither this Section nor any other provision of this Agreement may be construed as a waiver by the State of Oregon of any form of defense or immunity,whether it is sovereign immunity, governmental irnmunity, immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any Claim or from the jurisdiction of any court. Further, the State of Oregon, the Oregon Department of Transportation and their officers, agents and employees shall be subject to no liability or obligation arising out of this Agreement that would not be recognized and enforced against them by the courts of the State of�regon. 15. This Agreement shall be effective as of ��4 , 2006. IN WITNESS WHEREOF, ODOT and TriMet have caused this Agreement to be executed and delivered as of the effective date written above. STATE OF OREGON, acting by and TRI-COUNTY METROPOLITAN through its Department of Transportation TRANSPORTATION DISTRICT OF .� OREGON �� BY� •— By_.�-//1�`�'� �Ul��.� DO Dir tor Fred Hansen, General Manager Date: �"' Y1-°� Date �'L'�� 6 Approvals: APPROVED AS TO LEGAL SU�FICIENCY APPROVED AS TO LEGAL SUFFICIENCY B ��.... � �-P. BY � �� Assistanr rney General Tam•ra Lewis, Deputy GeAeral Counsel Date �3�241D� Date �-�- �� Page��Continuing Control Agreement(ODOT/TriMet) Agenda Item: 2.2 Hearin Date: December 11,2006 Time: 7:00 PM "REVISED" STAFF REPORT TO THE �� : � HEARINGS OFFICER � ` FOR THE CITY OF TIGARD, ORE GON �� ' THIS STAFF REPORT HAS BEEN REVISED ON 12/12/O6 TO REFLECI' THE DISCUSSION HELD BETWEEN THE CITY OF TIGARD AND THE APPLICANT TRIMET AT THE 12/11/06 PUBLIC HEARING ON THE MATTER TRIMET AND THE CITY HAVE AGREED ON A SET OF RECOMMENDED CONDITIONS OF APPROVAL WHICH HAVE BEEN INCLUDED IN THIS REPORT FOR THE HEARINGS OFFICER'S CONSIDERATION. 120 DAYS = 3/2/2007 SECTION I. APPLICATION SLJMMARY FILE NAME: TRIMET CONIMUTER RAIL STATION CASE NOS: Conditional Use Pernut CLJI') CUP2006-00003 Site Develo ment Review�SDR) SDR2006-00006 Variance AR) VAR2006-00077 Variance AR) VAR2006-00078 APPLICANT Steve Witter APPLICANT'S Cathy C�rliss OWNER TRIMET REP.: An e-lo Planning Group,Inc. 710 NE Hollada Street 62�SW Main Street,Swte 201 Portland,OR 9�32 Portland,OR 97205 PROPOSAL: The applicant requests Conditional Use Approval to construct a 2,890 square foot conunuter rail station platform adjacent to TriMet's existing bus station, Site Development Review for a 102-s'pace park and ride lot located in the ad�acent abandon Burlin�ton Northern railroad right.of-way, and variances to the access and egress standards for both driveway spacul from the required 200 feet to 35 feet� and driveway width�from the reqwred ��eet to 24 feet) for access to the par -and-ride lot off of S Main Street. LOCATION: The project is located on T�1VIs 2S102AA,Tax Lot 04801 and portions,of ODOT right-of-way (Tax Map��1S135�, Tax Lot 00800) and Union Pacific Railroad right-of-way between SW Main Street and SW Hall Boulevard. COMPREHENSIVE PLAN AND ZONING DESIGNATION: CBD: Central Business District. The C�D zoning district is desi,gned to provide a concentrated central business district centered on the City's historic downtown, including a m�.of civic, retail and of�ice uses. Single-fam�ily attached housing, at a rr�unum density of 12 units/net acre, equivalent of the K 12 zoning district and multi-family housing at a m;r,;r„um density of 32 units/acre, equiyalent to the R 40 zonin� district are pernutted outright. A wide ran�e of uses, mcluding but not limite to adu�t entertainment, utihties, facilities wit drive-up windows, medical centers, major event entertairunent and gasoline stations, are permitted conditionally. APPLICABLE RE VIE W CRITERIA: Communi�y Development Code Chapters 18330 18.360 18.370, 18.390, 18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.7�30, 18.7�5, and 18.810. TRIMET QOMMUI'ER RAII�STATTON PAGE 1 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORTTO T�3E HEARINGS OFFIC�R SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearin�s Officer find that the proposed Conditional Use Pernzit will not adversely affect the health, safety, and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore Staff recommends APPROVAL, subject to the following "REVISED" recoinmended Conditions o{Approval: "REVISED" CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHAI_L BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BLJILDING PERMITS: e app icant s a prep are a cover etter an su mit it, a ong wi an}� supportxng ocuments and/or �plans that address the following requirements to the CLTRRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: l. Prior to issuance of a site or building permit, the applicant shall inake a ood faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a�etter to that affect from the property owner shall be submitted to the City. If shared access is available, the applicant shall subrrut a rev�sed plan set that incorporates the shared access that meets, or is the minim� adjustment necessaryto meet,the access width and spacing standards. 2. Prior to issuance of a site or building pernut,the app�licant shall submit a revised site plan showing a multiuse pedestrian and bicycle path from SW Hall to the proposed park and-ride in-lieu of the proposed emergency access road. 3. Prior to issuance of a site or building pemiit, the applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking, as required by TDC Chapter 18 J65.040 J 4. Prior to issuance of a site or building perinit, the ap plicant shall submit a tree mitigation plan for review and approval by the City Forester, if the applicant chooses to provide tree mitigation on- site. Alternatively, the applicant may choose to pay a fee ul-heu at $125/caliper inch (30 inches x $125 = $3,750). 5. Prior to issuance of a site or building permit, the applicant shall submit a revised planting legend specif ' g trees included on the City of Tigard Street Tree List for the required street trees on SW Maul treet. 6. Prior to issuance of a site or building pemiit, the applicant shall demonstrate that all service facilities are effectivelyscreened fromview. THE FOLLOWING CONDITIONS S��L.L BE SATISFIED PRIOR TO ISSUANC� OF THE PUBLIC FAQLTITES PERMIT: e app icant s �p repare a cover etter an su mit it, a on wi any�s�upp ortin ocuments and/or pl�a�ns that address the followin�rev uirements to the E�GINEEKIN(�DE�TMENT, ATTN:Kim McMillan 503-639-4171, EXi,�642. The cover letter shall clearly identify where in the submittal the required information is found: 7. A Public Facility Improvement (PFI) permit is required for this pro�ect to cover half-street improvements and any other work in the public n ht-of-way. Six (6� sets of detailed public improvement plans shall be submitted for review to t�e Engineering Department. NOTE: these plans are in addition to any drawings required by the,Building Div�sion and should only include sheets relevant to pu�lic improvements. Public Facility Im'provement (PFI) permit pluis shall conf orm to City of Tigard Public Improvement Design Stand-ards, which are available at City Hall and the Cit�s web page (www.tigard-or.gov). 'IRII��T QOMM[TIER RAIL STATION PAGE 2 OF 28 12/il/06 PUBLIC HEARING "REVISED"STAFF REPORT TO'Tf-IE HEARINGS OFFIC�R 8. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individuai or corporate entity who will be�c esignated as the "Permittee", and who will provide the financial assurance for the ublic improvements. For example specify if the entity is a corporation, limited partnership, LLC� etc. Also specify the state wit�in wluch the entrty is u�corporated and provide the name of the cor�orate contact person. Failure to provide accurate information to the Engineering Department will delayprocessuig of proJect documents. 9. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traftic control during the public improvement construction phase. 10. The applicant shall paythe addressing fee. (STAFF CONTACT: BethanyStewart,Engineering,. 11. The applicant shall submit construction plans to the Engineering Department as a.part of the Public Facility Improvement permit, indicatin� that they will construct the followuig frontage improvements along SW Main Street as a part o this project: A. 8-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. center median through the rail crossing; D. streetlight layout by applicant's engineer,to be approved by City Engineer; and E. driveway apron. 12. The applicant's engineer shall submit a Future Streets plan showing the e�ension of Ash Avenue from Commercial Street to Burnham Street. This future street p-lan shall include the plan and profile of Ash Avenue. The plans shall also clearly indicate the platform and station locations in order to ensure that these improvements do not prohibit the future construction of Ash Street from Commercial Street to Buniham Street. 13. The applicant shall submit construction plans to the Building Department indicating that they will construct a 10 foot wide concrete public sidewalk from the parking lot to Hall Boulevard. 14. A profile of Main Street shall be required, extending 300 feet either side of the subject site showulg the existing grade and proposed future grade. 15. The applicant shall,provide an on-site water quality and detention facility as reguired by C1ean Water Services Design and Construction Standards (adopted by Resolution and C3rder No. 00-7). Final plans and calculations shall be submitted to the Engineering�Department (Kim McMillan) for review and approval prior to issuance of the site perniit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 16. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Plaruung Manual,February 2003 edition." 17. The applicant shall obta.in a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468J40 and the Federal Clean Water Act. 18. Any e�ension of public water lines shall be shown on the proposed Public Facility Improvement �PFT) permit construction drawings and shall be reviewed and approved by the Cat�s Water epartment, as a part of the Engineering Department_pl_an review. NOTE: An estunated 12% of the water system costs must be on deposit with the Water Department prior to app�roval of the PFI permit plans from the Engineenng Department and construction of public water lines. 19. The applicant shall provide construction plans for the multiuse path for review and approval, demonstratu-ig that adequate outdoor lightu�g is provided and cons�stency with the multiuse path design provided bythe Ciry. TRIIvIET QOMMLTIER RAII.STATION PAGE 3 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO TI�HEARINGS OFFICER THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECI'ION: e app icant s a pre�p are a cover etter an su mit rt, a ong wi an}� supportin ocuments and/or plans that address the followin requirements to the CLTRR�NT �LANNING DIVISION, ATTN: Gary Pagenstecher 50�639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to final building inspection, TriMet shall construct the multiuse path consistent with the design approved by the Ciry. 21. Prior to final building inspection, TriMet shall demonstrate that all interior drives and access aisles within the proposed park and-nde lot are clearly marked showing direction of flow, adequate vehicular and pedestrian safety, and identification of the multiuse path. 22. Prior to a final inspection, and prior to placement of any signs on site,the applicant shall apply for a s��gn pernzit and supply staff with the appropriate plans to verify compliance with TDC (17apter 18.78D. The applicant shall prepare a cover letter and submit it, along with any surporting documents and/or pla� ns that address the followin requirements to the ENGINEERING DEPARTMENT, ATTN:I�im McMillan 503-639-4171, E� Z642. The cover letter shall clearly identify where in the submittal the required inforrnation is found: 23. Prior to a final inspecrion, the applicant shall complete the required.public improvements obtain conditional acceptance from the Caty, and provide a one-year n�untenance assurance t�or said improvements. 24. Prior to final ins ection, the applicant shall provide the City with as-built drawings of the public im�rovements as�ollows: 1) 3 mil mylar,2) a diskette of the as-bwlts in"DWG" forn�at,if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's en�meer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State I'lane Coordinates, referenced to NAD 83 (91). 25. Prior to a final inspection, the applicant's engineer shall provide a final sight distance certification based on completed half-street improvements. 26. Prior to a final inspection, TriMet shall provide documentation demonstrating public pedestrian and bicycle access is ava�lable from the east end of the park and-ride to the pubhc sidewaIk on SW Hall Boulevard. 27. To ensure compliance with C1ean Water Services design and construction standards, the applicant shall perform construction and visual observation of the water qualityfacilityfor compliance with the design and specifications. These inspections shall be made at sigruficant stages, and at completion of the construction. Prior to final inspection, TriMet shall provide the City of Tigard (Inspection Supervisor) with wntten confirmation prepared by a registered Oregon professional enguleer, that the water quality facility is in comp�iance with the design and spec�fications. Staff Contact: Hap Watkins,Building Div�sion. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECI'IVE DATE OF THE HEARINGS OFFICER'S DEQSION SHALL RENDER THE HEARINGS OFFIC�R'S DEQSION VOID. TRIMET COMMUIER RAIL STATION PAGE 4 OF 28 12/11/06 PLTBLICHEARING "REVISED"STAFF REPORT TO'THE HEARINGS OFFIC�,R SECTION III. BACKGROUND INFORMATION Site I�sto e su ject site consisrs of railroad right-of-way located between SW Commercial Street on the east, SW Burnham Street on the west, SW Main Street on the north, and SW Hall Boulevard on the south. The site is immediately adjacent to TriMet's e�sting Tigard Transit Center which serves five bus lines. The right-of-way has been used for commercial rail since the begiruiing of the 1900s and passenger rail up until the 1930s. �Vicuut�Information: The sul�ject site is ocated within T'igard's Central Business District. The District is bounded by industrial land to the northwest and southeast, residentially zoned land to the southwest and commercially zoned land to the northeast. The�proposed commuter ra�l station is a central element in the revival of downtown Tigard as expressed in the Tigard's Downtown Improvement Plan. Site Infornlation and Pro osal Descri tion: TriMet is proposing to construct a 2, 90 square foot commuter rail station platform adjacent to TriMet's e�risting bus station and a 102-space park and ride lot located in the adjacent abandon rail right-of-way. Due to the narrowness of the approxunatel 7 57 foot right-of-way,the applicant has re9uested variances to the access and egress standards for both �riveway spacing (from the required 200 }eet to 35 feet) and driveway width (from the required 50-feet to 24 feet) for access to the park and ride lot off of SW Main Street. SECTION IV. DECISION MAHING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The proposed commuter rail "transit station" is listed as a basic utility civic use. Basic utilities in the Central Busmess D�stnct require a conditional use pernut as shown in Table 18.520.1.The proposed park and-ride lot is listed as a "non-accessory parking" use. Non-accessory parking is a pern�itted use m the Z:entral Business District subject to site development review standards. Summa Land Use Permits: Chapter 18.310 De nes e ecision-making type to which the land-use application is assigned. The proposed commuter rail station platform rec�u�ires a Conditional Use permit which is a Type III-HO process with a hearing and decision by the.Ti�ard Hearings Officer. The proposed parking requu-es a Type II review and is processed concurrentlywithui the conditional use perniit process. SECTION V. SUMMARY OF APPLICABLE CRITERIA A sturuY�ary of the applicable criteria in this case in the chapter order in which they are addressed in this report are as follows: A 18.330 S cific Conditional Use Criteria Gene App roval Criteria) Additiona.0 C;onditions of Approv Additional Develo�pment Standards B. licable Devero ment Code tandards 1 . 60 Site Deve opment Review 18.370 ariances and Adjustments) 18.520 Conunercial Zorung Districts� 18.705 Access,Egress &C�irculation) 18.725 nvironmental Perforn�ance Standards) 18.745 dscaping and Screening) TRIMET QOMMUTER RAII.STATION PAGE S OF 28 12/i l/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO TI-�HEARINGS OFFICER 18.755 � ed Solid Waste and Rec}�lable Storage) 18.765 Off-Street Parking and Loading Requirements) 18J80 Signs) 18.790 ree Remova� 18J95 �sual Clearance) C. Street and Utili Im rovement Standards 18.810 D. Im act Stu 18.39 SECTION VI. APPLICABLE REVIEW CRITERIAAND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL C�tITERIA Section 18.330.010.A states that the �urpose of this chapter is to provide standards and procedures under which a conditional use may e pernutted, enlarged or altered if the site is appropriate and if other app%priate conditions of approval can be met There are certain uses wluch due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Pursuant to TDC Table 18.520.1 a "transit station" requires a Conditional Use pernut in the C�D zone. The transit station, as proposec�,.consisu of a station platform and appurtenances for the 14.7-mile Washington County Commuter Ra�l. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Typ e III-H� procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section T8.330.030A and subject to other requirements in Chapter 18.330. The applicant has proposed a new conditional use,the commuter rail station platforn�,which is processed as a Type TII-HO pr�ocedure and is subject to the General Approval Criteria for a ConditionaI Use Section 18�30.030.A, Additional Conditions ofAp proval for Conditional Use Section 18330.030.B, and Additional Development Standards for Conditional Use Types Section 18.330.050,below. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030.A The site size and dimensions provide adequate area for the needs of the proposed use; The proposed improvements subject to the conditional use standards include the ap roximately 2 890 square foot commuter rail station platform measuring 20 feet wide by 145 feet. New �to the sout�i are being realigned to accommodate the platform location,consistent with this standarci. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography,and natural features; The subject site is currendy developed as a railroad nght-of-way. The proposed commuter rail line improvements from Wilsonville to Beaverton include the design of the T'igard station platform The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal;and The site is fully developed and served by public facilities. All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The proPosed site is located within the C�D zoning district. As indicated earlier, transit stations are perrrutted conditionally. As discussed later in this report,the project will meet the applicable requirements of the zoning distnct. TRIIvIET OOMMCJTER RAII.STATTON PAGE 6 OF 28 12/11/OG PUBLIC HEARING `REVISED"STAFF REPORT TO Tf-�I-3EARINGS OFFIC�.R The applicable requirements of 18.330.050. Section 18.330.050 contauis additional development standards for conditional use types.The proposed"transit station" type is not a listed use under this section.Therefore,this standard dces not apply. The supplementary requirements set forth in other chapteis of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review,if applicable, are met or can be conditioned to be satisfied. The ap licable review criteria in this case include the following chapters of the Community Development Code: �8.330, Conditional Use; 18.360, Site Development Review; 18.370 Variances and Al�usunents• 18.390 Decision Mal�ing Procedures; 18.520, Commercial Zon��ng Districts; 18.705, A�ccess, gress anc� Circulation� 18.725, Envu-onmental Perfornzance Standards; 18.745, Landscapu��g and Screening; 18.755, MiYed Sohd Waste and Recy�lables Storage; 18.765, 4ff-Street Parkin ; I8.7�0, Signs; 18.790, Tree Removal; 18J95, Visual C�earance Areas; and 18.810, Street and Utility�mprovement Standards. The development standards and requirements of these chapters are addressed further in th�s report. The proposal contains no elements related to the provisions of the following c�hapters: 18.350, Planned Development; 18.380 Zoning Ma /Te�rt Amendments; 18.410, L.ot Line Adjustments; 18.420, Land Partitions; 18.430, Su�divisions; 18.�10, Residential Zoiung Distncts; 18.530, Industrial Zo ' Districts; 18.620, Tigar�d Triangle Des� n Standards; 18.630 Washington Square Regional Center, 18.64 Durham C�Design Standards; 18.�10,AccessoryResidential Units; 18J15,Density C�mp u_tations; 18.720,Des�'gn tibility Standards; 18.730, Exceptions to Development Standards; 18.740, F�istoric Overla y, 18.742, Home 4ccupations; 18.750, Manufactured/Mobile Home Regulations; 18.760, Nonconforniing Situations; 18.775, Sensiave Lands- 18J85, Temporary Uses; and 18J98, Wireless Communications Facihties. These chapters are,therefore,found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is u�np lemented by the Community Development Code. CAmpliance with Comprehensive Plan policies are,therefore,assured bysatisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above,the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITI�NAL USE: SECTION 18.330.030.B. This section states that the Hearings Authority may impose conditions on the app roval of a conditional use which are found necessary to ensure the use is compatible with other uses in the vicinity, an�that the impact of the proposed use on the surrounding uses and public facilities is minirruzed. These conditions may include,but are not limited to the following: Limiting the hours, days,place and/or manner of operation; The applicant has indicated that Commuter Rail is scheduled to run weekdays every 30 minutes in the mornuig and evening peak hours (6-9 am and 3-6 pm). The prop osed conditional use �s the Tigard transit station platfomi. There �s no evidence in the record to suggest that there is a need to limit the hours, days, �lace and or manner of operation for the impacts of the proposed use on the surrounding uses and publ�c acilities. Reguiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposed transit station platform would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for the use. There is no evidence in the record to suggest that there is a need for additional design features for the impacts of the proposed use on the surrounding uses and public facilities. Requiring additional setback areas, lot area,and/or lot depth or width; TRIMET O�MMLTI'ER RAIL STATTON PAGE 7 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORT TO Tf�HEARINGS OFFI�R The railroad right-of-way is preexisting and the proposed transit station platform and trackway upgrades have been designed accordingly. . The proposed transit platform is designed to meet the operational requirements of the Commuter Ra�l line. Limiting the building height, size or lot coverage, and/or location on the site; No buildings are proposed with this development. The proposed transit station platform and trackway upgrades have been designed to meet the operational reqwrements of the Commuter Rail line. Designating the size, number, location and/or design of vehicle access points; The proposed transit station platform would be accessed by rail, service road, and paved walkways. Any vehicle access points will be strictly controlled by the railroad and ODOT Rail. Access to the proposed park and-ride is addressed in the Site Development Review section,below. Requiring street right-of-way to be dedicated and street(s) to be improved; The applicant has proposed.to dedicate and improve SW Main Street as necessary. The specifics of the improvements are discussed in more detail in the street and utility section of this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report with,respect to the� pro osed park and-ride lot. As conditioned,the proposal will meet the prescribed requirements of the TD� Limiting the number, size,location, height and/or lighting of signs; The applicant has not addressed signs in their proposal. Compliance with the sign requu-ements for the underIyuig zone will be considered once a sign apphcation is submitted and a design is reviewed. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has indicated in the narrative and pl�an� set that the transit station platform will be lit to meet operational and safety standards for Gommuter�aiL Requiring berms, screening or landscaping and the establisliment of standards for their installation and maintenance; No screening or landscaping is pro�posed in association with the transit station platform as it is located within the railroad right-o}-way. Landscaping in association with the proposed park and-ride lot is discussed below in the Landscapuig and Screerung section of this report. Requiring and designating the size,height,location and/or materials for fences; The applicant is not proposing anyfences for the transit station platform portion of theproposal. Fencing in association with the proposed park and-ride lot is discussed later in the Landscaping and Screening section of this report. Rec�uiring the protection and preservation of eausting trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The subject railroad right-of-way and adjacent parcels have been developed for over the last 100 years. The applicant's Grading plan (Sheet B-4a) ident�fies several trees adjacent to the e�vsting bus transit station, some of which will be retained and others removed for the proposed accesswayl�etween the existing station and the proposed�platform. There are no existing natural resources to protect or preserve within the railroad right-of:way. I3rauiage of the project area is proposed to be detained and treated in a ditch within the railroad n ht-of-way and then passed by existing pipes to Fanno Creek Drainage is addressed in the Street and�ilities section of this report. TRII��T OOMMCTIER RAIL STATION PAGE 8 OF 28 12/11/OG PUBLIC HEARING "RE VISED"STAFF REPORT TO TI�HEARINGS OFFICEA Requiring the dedication of sufficient open land area for a greenway ad'oining� and within the floodplain when land form alterations and development are allowe� within the 100-year floodplain; and The subject site, at elevation 163 feet, is approximately 550 feet east of the floodplain of Fanno Creek, at elevation 150 feet. The project is not located in the 100-year floodplain. Other than regrading for new ballast for the rail realignment, no land form alterations are proposed in this application. Requiring the constiuction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject site is not within or adjacent to the floodplain for Fanno Creek. Therefore, this standard does not apply. FINDING: The Hearings Officer may impose conditions on the approval of a conditional use, which are found necessaryto ensure the use is compatible with other uses in the vicinity, and.that the impact of the proposed use on the surrounding uses and public facilities �s m,,,;,,,,�ed. Staff recommends the Hearings Officer approve the commuter rail transit station platform and appurtenances, as proposed. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SE CTION 18.330.050. FINDING: Section 18330.050 contains additional development standards for conditional use types. Although the proposed"transit station" is a conditional use in the CC;BD zone,it is not a Iisted use under this section. "Non Accessory Parking" is a listed use under this section, but is not sub ject to the standard as it is a p erniitted use in the CBD zone. Therefore,this standard does not apply. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DE VE LOPMENT RE VIE W(18.360� 18.360.030 Approva Process Site development review for a new development shall be processed using approval criteria contained in Section 18.360.090. The proposed transit station and park and-ride lot are subject to the site development review stanciards,below. 18.360.090 Approval Criteria The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an apphcation: The following criteria do not apply to the proposed development: 3. E�erior elevations of buildings, 5. Privacy and noise for multi-family or group hving uses 6. Private outdoor area for multi-family use, 7. Shared outdoor recreation areas for multi-family use and 8. Development within or adjacent to the 100- year floodplain.Findings for the applicable criteria fo�low: Compliance with all of the applicable requirements of this tide including Chapter 18.810, Street and Utility Standards; Compliance with the applicable re quiremenu of this title, including Chapter 18.810, is ensured through the review of the a plicable standards in this report. However,the sur'ect site�s constrained bythe width of the e�sting railroa�r�ht-of-way,which will requu-e an access width an�spacing adjustment for the proposed vehicle access from SW Main Street. Although the subject site size and config�uation�s not adequate to meet the access standards, the adjustment criteria can be met as conditioned above and described in the Variance section of this report,below. TRIMET O�MMUIER RAIL STATION PAGE 9 OF 28 12/11/OG PUBLIC HEARING "REVISED"STAFF REPORT TO'IT�HEARINGS OFFICER 2. Relationship to the natural and physical environment a. Buildings shall be: (1) Located to preserve existin trees, topography and natural drainage where possible based upon e�sting site conditions; �2) �ocated in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining building s for adequate l�ight, air circulation, and fire- fighting; and (4) Oriented with consideration tor sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant has not proposed any buildings. The proposed transit platform and park and-ride lot are located on previously developed railroad nghts-of-way. The tree plan includes retauung �one of eight existing trees on site. Tree preservation and miugation are addressed in detail in the TI'ree Removal Chapter,below. 4. Bufferin�, screening and compatibility between adjoining uses: Buffering s-hall be provided between different types of land uses, for example, between sin�le- family and mult�ple-family residential, and residential and commercial uses, and the followin factors shall be considered in determinin�the adequacy of the type and extent of the buffer. (1� The u ose of the buffer, for exam le to ecrease noise levels, absor� air pollution, filter dust, or to provi�e a visualbarrier, (2) The sze of the buffer re�guired to achieve tIie� purpose in terms of width and height; (3) The direction(s) from which buif-ering is needed; (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. The site is located within Central Business District zoning designation and is bordered by like commercial uses including TriMet's bus transit center to the north and several boat and auto storage and service businesses to the south. No residential uses exist adjacent to the site. Buffering and screening is further addressed in section 18.745, below. On site screening from view from ad'oining properties of such things as service areas, storage areas, parking� lots, and mechanical �evices on roof tops, i.e., air cooling and heating systems, shall be provi'ded and the followin factors will be considered in deternumng the adequacy of the type andextent of the screening: (� What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and 5. Whether the screening needs to be year around. According to the apPlicant's narrative and plan set (Sheet B-2a, number 13 and 2b, number 8), the proposed park and-nde parking lot will be screened from view from the adjacent properues to the south by a 6-foot slatted chaui link fence which extends approxunately 950 feet along the project's entire southern border. The north side of the lot is not screened from view as seen from the railroad nght-of- way.No other features cited above are a part if this application. 9. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site unprovements sha11 be designed so that public areas such as streets or public athering places, semi-public areas and pnvate outdoor areas are clearly defined to establis� persons 1�aving a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and These areas may be defined by,but not limited to: 1 A deck,patio low wall, hedge, or draping vine; 2 A trellis or ar�or, 3 A change in elevadon or rade; 4 A change in the texture o�the path material; 5 Sign; or 6 Landscaping. TIiIMET QOMMCTIER RAIL STATION PAGE 10 OF 28 12/11/06 PUBLICHEARING °REVISED"STAFF REPORT TOTHE HEARINGS OFFIC�'R According to the applicant's narrative and site plan, the proposed improvements are designed with defensible space guideluies that include clear lines of sight and.visib�ty of public.waiting areas,.use of trees rather than shrubs to assure good visibility and avoid hidin laces, use of hghtin to avoid dark spaces, and placement of telephones on the station platform wit� �ree 911 access. To�urther address crime prevention the applicant plans to implement securiry and emergency plans and protocols with all emergency provic�ers along the commuter Ra�l system prior to uunating service. The City of Tigard Police Department Crime Prevention officer reviewed the proposal and had no objecuon to it. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Intenor laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shalI be selected and the angles shaIl be oriented towards areas vulnerable to cnme;and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parkin lots, stairs, ramps and abrupt rade changes. Fixtures shall be placed at a height so that�ight patterns overlap at a heig�t of seven }eet which is sufficient to illurrunate a person. This standard appli� es prunarily to dwellings and buildings. Lighting is proposed in areas of heavy �edestrian and vehicular traffic including�the station platform and park and ride as shown on Sheets B- Oa-f. However, lighting is not provided tor the multiuse path linking the park and-ride with SW Hall. As conditioned below, in the Commercial Zoning District section of this report, the applicant shall provide lighting, consistent with this standard. 11. Public transit a. Provisions within the plan shall be included for providing for transit if the development p�roposal is adjacent to or within 500 feet of existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area• and(2) The size andtyp e of the proposal. c. The followin� g faci�ities may be re uired after City and Tri-Met review: (1) Bus stop shelters; (2) TTurnouts for buses; and�3) Connecting paths to the sheltexs. The proposed Commuter Rail station and park and-ride parking lot are themselves TriMet public transit improvements,cons�stent with this standard. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum o}20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. A minunum of 15 percent of the gross site area shall be landscaped. The applicant's narrative states that the prop�osed landscaping has been designed in accordance with Chapter 18.745 as shown on Sheers B-Sa-c. The standards of Chapter 18.745 are reviewed below. The open space and recreation requirements of subsections 5 and 6 pertaul to multi-fartvly housing and are not aPplicable. The applicant's narrative states 18.15% of the gross site area is landscaped (14,043 square feet 0}77,368 total square feet),consistent with this standard. 13. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; The applicant's narrative states that the proposed drainage plans.(Sheets B-4a and b) are consistent with the 1981 Master Drainage Plan. As condiuoned above and reviewed below in the Street and Utilities section of this report, the drainage plan will be consistent with this standard. 1ItIIvIET�MMCTIER RAIL STATION PAGE 11 OF 28 12/11/OG PUBLICHEARING "REVISED"STAFF REPORTTOTI-�HEARINGS OFFI�R 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and The app licant's narrative states that the station and park and-ride have been designed in conformance with all ap I�cable ADA and state regulations, including provision of five ADA designed spaces as shown on Sheet�-9a and b of the plan set,consistent with this standard. 15. All of the provisions and regulations of the underlying zone shall ap 1y unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.�50; or a variance or adjustment granted under Chapter 18.370.i (Ord. 02-33) As reviewed in this report below, all of the provisions and regulations of the underlyin$ Central Business District zone, including Section 18.520.0608 Additional Development and Design Guideluies, and the Variance and Adjustment Chapter 18.370, appjy. FINDING: The proposal does not meet all of the Site Development Review standards, but as conditioned in the findings further in this report,the applicable standards can be met. VARIANC�S AND AD USTMENTS 18.370 Adjustment to access and egress stan ards Chapter 18.705). In all zoning districts where access and egress dnves cannot be readily desi ned to conform to Code standards within a particular parcel, access with an adjoinin prope� rty s�all be considered. If access in conjunction with another parcel cannot reasonably �e acIueved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030,using approval criteria contained in Subsection 2b below. The applicant has requested two adjustments to the access and egress standards for both the driveway spacing standard (18.705.020.�-L3) from the reguired 200 feet to ap proximately 35 feet, and the driveway width standard (18.705.020n from the required50 feet to 24 feet for access to the park and-ride lot off of SW Main Street. The Director may approve: approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the foIlowing criteria: (1) It is not possible to share access; The applicant's namative states that there are driveways on adjacent parcels that are less than 200 feet from the proposed access �point and that shared access �s not feasible iven site constrains and impacts associated with the raii corridor. However, there is no evidence in the�ile showing that adJ'acent property owners have been asked to share access. The adjacent property to the west includes a 15-foot parallel access to the proposed park and-ride,which could be used to reduce both of the variances requested. The existing access, in combination v�nth the adjacent access would meet the 50-foot single access requirement and reduce the requested adjustment to the spacing standard by approximately 65 }eet from lb5 feet to approximately 100 feet.It maybe possible to sl�are access to meet the access width stan�ard. (2) There are no other alternative access points on the street in question or from another street; The pro�ect site has appro�nately 152 feet of frontage on SW Main Street. The frontage is constrained by the rail �es to the east and associated signage and signaling, utilities, sidewalks and landscaping. The subject site.does also front on SW Hall Boulevard, an artenal, to the east. However, access onto SW Hall conflicts v�nth the 600-foot access spacin standard for artenals. SW Commercial and SW Burnham are both within 600 feet of subject site.In a�ition, the railroad crossing unmediately adjacent would present other complications with intersection and rail traffic control. The Cit�s TSP shows a future e�ension of SW Ash Street connecting SW Btunham and SW Commercial Streets across the subject site. However,the Ciry has not yet acquired the ri ght-of-way from SW Burnham to the sub�ect site. Currently, there are no other alternative access points }rom SW Main Street, or SW Burnham�treet and SW Hall Boulevard. TRIlvSET OOMMLTIER RAII_STATION PAGE 12 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO THE HEARINGS OFFIC�R (3) The access separation requirements cannot be met; The pro�p�osed access is within 200 feet of four pa�rkin lot accesses and both SW Commercial and Tigard Streets. The proposed access is restncted to withui a �-foot front�ag e on SW Main between the proposed rail ali�nment to the east and the ad'acent property to the west. Therefore, the required 200 foot access separation for a drivewayonto SW�, a collector,can.not be met. (4) The request is the minimum adjustrnent required to provide adequate access; The applicant has not submitted evidence showing that shared access with the adjacent properry to the west �s not possible. If shared access is available, the.requested adjustment could be reduced from the existing proposal of approximately 165 feet to approxunately 100 feet. Without dete��n�ng that shared access �s not possible, the requested adjustment for the access spacuzg and driveway width may not be the m;n;,,,um required to provide access to the park and-ride lot. (5) The approved access or access approved with conditions will result in a safe access; and The pro�posed traffic control measures include _right-in and right-out only and a center median. As reviewed below in the Access and Egress section of this repon, the access can be approved with conditions of approval that will result in a safe access. (6) The visual clearance requirements of Chapter 18.795 will be met Plan Sheet B-13 demonstrates that the visual clearance requirement of Chapter 18.795 will be met. FINDING: The applicant has not demonstrated that shared access with the ad'acent parcel to the west �s not available. Therefore, staff in not able to deternune �the request is the nurumum adjustment required to provide adequate access. With the following condition of approval,the proposed access may be approved. CONDITTON: The applicant shall make a good faith effort to share access with the adjacent parcel to the west. If access cannot be shared, a letter to that affect from the properry owner shall be submitted to the City. If shared access is available, the applicant shall submit a revised plan set that incorporates the shared access that meets, or is the miniinum adjustment necessaryto meet,the access width and spacing standards. CONIlVIERQAL ZO1vINGDISTRICTS(18.520� C:�D: Central Business District The C,B zonuig district is designed to provide a concentrated central business distnct,centered on the City's historic downtown,includin�a mix of civic,retail and office uses. Single:family attached housing,at a maximum density of 12 uruts/net acre,equivalent of the R 12 zoning�district,and multi-family housing at a minunum density of 32 units/acre,ec�urvalent to the R 40 zomng district, are pemutxed outright A wide ran e of uses, including but not lunited to adult entertainment, utilities, facilities with drive-up win�ows, medical centers, major event entertainment and gasoline stations,are peimitted condtionally. The proposed Commuter Rail transit station and park and-ride are located within the Central Business Distnct and are classified as "basic utilit�' and "non-accessoryparking" uses, respectively. Basic utilities in the Central Business District require a conditional use pernut as shown in Table 18.520.1. Non-accessory parking is a permitted use in the Central Business District sub�ect to site development review standards. Section 18.520.040 states that all proposed developments must comply with all of the applicable development standards in the underlying zomng district, except where the applicant has obtained variances or ad'ustment in accordance with Chapt�ers 18.370; and must comply with all other applicable standa�s and requirements contained in this tide. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TRIMET O�MMUIER RAII.STATION PAGE 13 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO TI-IE HEARINGS OFFICER TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD CBD Pro osed Minimum Lot Size None 77,368 sf - Detached unit - - - Boarding,lodging,rooming house - - Minimum Lot Width None 152 lineal feet at Main St. Minimum Setbacks - Front yard 0/30 ft��1 0-foot setback; - Side facing street on corner&through lots ��1 0/30 ft�7�1 Does not abut a residential - Side yard 0/30 ft�u1 zoning district - Side or rear yard abutting more restrictive zoning district - - Rear yard 0/30 ft�u� - Distance between fmnt of garage&property line abuttin - a ublic or private street Minimum Building Height N/A Platform is 4 feet and shelter is 16 ft hi h Maximum Buildin Hei ht 80 ft�13� N/A Maximum Site Covera e�z� 85% 82% Minimum Landsca e Re uirement 15% 18.15% Minimum FAR�31 N/A N/A Minimum Residential Densi �4][5][6] N/A N/A Maximum Residential Densi �4][5][6][7] N/A N/A [1]The provisions of Chapter 18.795(V�ision Clearance)must be satisfied. [2]Includes all buildings and impervious sutfaces Based on the inforn�ation provided in the narrative and on plan set Sheets B-2, 3, 5, and 8, and as shown in the table above,the development standards in the C�D commercial zone are sat�sfied. Section 18.520.060.B, Additional Development and Design Guidelines, provide for Interim requirements in the CBD zone. In the absence of an adopted design plan, the following issues under Subsection B.1.a must be addressed for new developments as necessary to serve the use anc� provide for pr�'ected public facility needs of the area, puisuant to Chapter 18.810 as detemuned by the Director. �he City may attach conditions to any development wrthui an action area prior to adoption of the design plan to achieve the following objectives: On September 26, 2006, the City Center Development Agency(Tigard City Council) adopted, by Resolution No. 06-02, the Ti�xz�zl Doze�2ozen Str�scap�e Desagn Plan as the �ud�n� docuinent for un�provements to Downtown streetscapes,gateways,public� spaces,and green streets. The 1'lan (p�age I-9) identities a Multi-Use Path that traverses the sub'ect site trom SW Hall Boulevard to SW Main Street.The Plan further describes the multiuse pathway(page I-�4) as being arallel to the parkin�g access way and developed from Hall to the north as a rail-to-trail pro�ect. Although the �treetscape Design I'lan was adopted by resolut�on, it has not yet been codified by the Ciry. It �s expected that the Plan will be inco�rporated into a revised TSP during the ongoing Comprehensive Plan Review over the ne� several yea�. Therefore, the Streetscape Design Plan can be considered an uitenm requirement in the�D zone. Pursuant to Section 18.810.040.B.2, as reviewed below, bicy�le and pedestrian connections on public easements or rights-of-way shall be provided when full street connection �s not possible. Therefore, to meet the projected public faciltty needs of the C�D area, the City may attach conditions to the proposed new development to aclueve the following objectives: The development shall address transit usage by residents, employees and customers if the site is within 1/4 mile of a public transit line or transit stop. Specific items to be addressed are as follows: (a) Orientation of buildings and facilities toward transit services to provide for direct pedestrian access into the building(s) from transit lines or stops; 'IRIMET OOMMLTIER RAIL STATION PAGE 14 OF 28 12/11/06 PLJBLIC HEARING "RE VISED"STAFF REPORT TO THE HEARINGS OFFIC�R (b) Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossings in automobile ci�ulation/�pa�ing areas. If pedestrian access crosses automobile cix�ulation/parking areas,paths shallbe marked for pedestrians; (c) Encouraging transit-supportive users by limiting automobile support services to collector and arterial streets;and (d) Avoiding the creation of small scattered parking areas by allowin adjacent developments to use � shared surface parking,parking structures,or under-structure pa�ng; The proposed Commuter Rail is comprised of a station platform transit facility and a park and-ride lot. Pedestrian circulauon between the lot, the C�mmuter Rail station, and Tigard Transit Center has been designed with clearly marked pedestrian paths as shown in plan Sheet B-2a,consistent v�nth these standards. The development shall facilitate pedestrian/bicycle circulation if the site is located on a street with designated bike aths or adjacent to a designated greenway/open space/park. Specific items to be addressed are as�ollows: The sub'ect site extends from SW Main Street to SW Hall Blvd. SW Hall Boulevard is designated as a regional Access �ikeway in the Cit�s Transportation System Plan. The subject site is also designated as a rail-to-trail f acility and multi-use path in the Ti�zrd Da�r�ozvz Str�xscape D�i�rc Pla�z Rail to trail or rail and u-ail f acilities can be considered linear open space pathways or parks. Therefore, the development shall facilitate pedestrian/bicycle cir�ulauon puz�uant to the tollow�ng applicable items: (a) Prnvision of efficient, convenient and continuous pedestrian and bicycle transit ci�ulation systems linking developments by requiring dedication and construction of pedestrian and bike paths ic�entified in the comprehensive plan. If direct connections cannot be made, require that �unds in the amount of the construction cost be deposited into an account for the purpose of constructing paths; The City adopted its Transportation System Plan ('I'SP) in 2002, which is incorporated into the C"it�s Comprehensive Plan.In 2006 the Ciry Center Development Agency adopted the Downtown Streetscape Plan, an interun requu�ement in the CBD zone. The applicant's narrat�ve acknowiedges the Streetscape Des�gn Plan's "rail to trail" corridor through the site and states that the proposed deveiopment does not preclude implementation of the multi-use path in the future. However, the code reqwres new development to facilitate�pedestrian/bicy�le circulation. A continuous connection between the�W Hall regional bike facility and.the Commuter Rail station and the be�uuiuig of the rai.l-to-trail facilitywould provide an efficient and converuent addition to the bicycle and pedestrian system in the CBD. Therefore, as a condition of approval, the applicant shall submit a revised site plan showing a multipurpose pa�th from SW Hall to the prop osed park and-ride in heu of the unnecessaryprop osed emergency access road. The City has budgeted funds for a detailed des�gn of the multiuse path,which will be made available to TriMet for use ui its revised site plan and consuuction drawings for the faciliry. (b) Separation of auto and t�uck cinculation activities from pedestrian areas; No uuck circulation is proposed or e�ected within the Commuter Rail station and park and-ride lot. Therefore,this item is not applicable. (c) Encouraging pedestrian-oriented design by requirin� pedestrian walkways and street level windows along all sides with public access into the btulding; No buildings are proposed,therefore,this item dces not apply (d) Provision of bicycle parking as required under Subsection 18.765.050;and TRIIvIET COMMLTIER RAIL STATTON PAGE 15 OF 28 12/11/06PUBLICHEARING "REVISED"STAFFREPORTTOTF�HEARINGS OFFI�.R Pwsuant to Table 18.765.2, no minirnum parking is required for the basic utility or non-accessory parkin uses. However,the applicant's narrative and plan set (Sheet B-2a,number 20,,and E�iibit I,Bike Rack Detai� demonstrate that nine parking spaces have been proposed consistent with the design requirements of subsection 18.765.050.C. (e) Ensure adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. The proposed pedestrian and auto circulation areas are provided with outdoor lighting as shown in the plan set and inci�cated in the narrative, consistent with this standard. However,the mulupurpose pathwa�ybetween the proposed park and-ride and SW Hall Boulevard has not been included in the proposedplan. Therefore, the applicant shall submit a revised plan demonstrating that adequate outdoor lighting�s provided for th�s portion o}the site. Coordination of development within the action area. Specific items to be addressed are as follows: (a) Continuity and/or compatibility of landscaping, circulation, access, public facilities and other improvements. Allow re uired landsca�ping areas to be grouped together. Regulate shared access where appropriate.Prolu�it li hting which shines on adjacent property� (b) Siting and onentation of lan� use which considers surrounding lanc� use, or an adopted lan. Screen loading areas and refuse dumpsters from view. Screen commercial and industrial use�rom single:family and residential uses through landscaping; and (c) Provision ot trontage roads or shared access where feasible. The City seeks to unplement the Downtown Improvement Plan and the Tigard Downtown Streetscape Design Plan witlun the Central Business District.TI'riMet has worked closely with the City to design and lement the commuter ra�il proJ'ect un rovements in the Ciry of'I"� ard,pursuant to the 2002 IGA between co�inmuter ra�l cities and TriMet.In addiuon,the October 7 2004 M�U between the City and TriMet outlines the Commuter Rail Access Plan for unproving access top u�lic transit in the corridor,including pedestrian and bicycle access unprovements. Both the guiding� rincipaLs and scope of this document identify pedestrian and bike connections to the Qroposed commuter�stat�on.The mult�use path identified in the Tigard Downtown Streetscape Design Plan�s such an access improvement. FINDING: Not all of the Additional Development and Des� n Guidelines, which provide for Interim requirements in the CBD zone, have been met. �owever, with the f ollowing conditions of approval the applicable standards may be met. CONDITIONS: . Prior to issuance of a site or building pernut, the applicant shall submit a revised site plan showing a multiuse pedestrian and bicycle path from SW Hall to the�proposed pa�rk and-nde in-lieu of the proPosed emergency access road. The Ciry wiIl provide TriMet with a detailed design o} the multiuse path, wluch will be made available to TriMet for use in its revised site plan and construcuon drawings for the faciliry. . The applicant shall submit a revised site plan demonstrating that adequate outdoor lighting is provided for the multiuse path portion of the site. ACCE SS,E GRE SS AND QRCLJLATION(18.705� No building or other pernut shall be issued unt�l scaled plans are presented and approved as provided by this chapter that show how access, egress and circulat�on requirements are to be �ulfilled. The applicant shall submit a site plan. The applicant submitted a plan set that shows one 24-foot wide access onto SW Main Street where two 24-foot accesses or one 50-foot access is required. The access spacing standard also cannot be met as shown below in this section. These critenon are not satisfied, but may be satisfied if the conditions of approval for access and egress required in this report are met. All vehicular access and e�ress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or pnvate street approved by the City for public use and shall be maintained at the required standards on a continuous basis. 'IRIMET O�MMCTTER RAIL STATION PAGE 16 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORT TO THE HEARINGS OFFICER The site has frontage on SW Main Street, a public street,consistent with this standard. Required Walkway Location On-site pedestrian walkways shall comp1y with the followin standards: Walkways shall e�rtend from the ground floor entrances or�rom the �round floor landing of stairs, ramQs, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildin�s in multi-building commercial, institutional, and industrial complexes. Unless impract�cal, walkways shalI be constructed between new and existing developments and neighboring developments; The applicant's,narrative and pl�an set show the required walkways linking the proposed platform and ramp with the sidewalk on SW Main Street through the proposed park and-nde and to the ex�sting Transit Center, consistent with this standard. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkwa ys shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropnate landsca�ing, pavement markings or contrashng pavement matenals are used. Walkways shall be a mirumum of four feet in wic�th exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, anc� sign posts,and shall be in compliance with ADA standards; The applicant's plans show there are no required walkways crossing the vehicular access or parking area. The plans indicate the proposed sidewalks are concrete and meet the miiumum required width,cons�stent with this standard. Re quired walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, bric7c, etc. Walkway s may be required to be lighted and/or signed as needed for safety purp oses. Soft-surfaced pubIic use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposing to construct all sidewalks with concrete materials, and the proposed lighting will light the proposed wal[�ways,consistent with this standard. Access Mana ement Section 18.705.030.H): Section 18.70�030.H. states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer, URS Corporation, provided a preliminary sight distance certification for the proposed access location onto Main Street. The posted speed on Main Street is 20 mph requirulg a m,n,mum of 200 feet of sight distance. The engineer states that since the access will be restricted to a right-in/right-out only movement, only the sight distance for eastbound traffic was measured. The enguieer measured the sight distance from the proposed access to the west to be in excess of 300 feet. Prior to final insPections, the engineer shall submit to the engineering deparunent a final sight distance certification based on post-construcuon measurements. Section 18.705.030.H.2 states that driveways shall not be permitted to be Qlaced in the influence area of collector or arterial street intersect�ons. Influence area of intersect�ons is that area where queues of traffic commonly form on approach to an intersecdon. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of- way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact repoct submitted by the applicant's traffic engineer. In a case where a project has less TRIIv1ET OOMMCTI'ER RAII.STATION PAGE 17 OF 28 12/11/06 PUBLIC HEARING "RE VISED"STAFF REPORT TO TT-�HEARINGS OFFIC�ft than 150 feet of street fmntage, the applicant must explore any option for shared access with the adjacent parcel. If shared access �s not possible or practical, the driveway shall be placed as far from the intersection as possible. The applicant states that the proposed driveway is not within the influence area or a collector intersection; however the dnveway is only about 60 f eet f rom the intersection of Main Street and Tigard Street. The limited frontage len�th does not allow for a different placement of the proposed driveway and therefore, can be considered pIaced as far from the intersection as possible. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets alon a collector shall be 200 fee� The minimum spacing of driveways and streets alon an arterial s�all be 600 feet The minimum spacing of local streets along a local street shall be 12� feet The proposed driveway does not meet the minunum 200 feet spacing standard for a Collector. The applicant has applied, for an adjustment for this standard, which is reviewed and conditioned in the Vanance section of thu report, above. Section 18.705.030.J includes minimum access requirements for commercial uses. Table 18.705.3 shows the mirumum number of driveways required, minimum access width, and minimum pavement width for commercial uses depending on the number of required parking spaces. The proposed park and-ride lot contains 102 spaces. Table 18.7053, for parking lots in excess of 100 spaces requires either two drivew�ays with 30 feet of access and 24 feet paved, or one dnveway with 50 feet o�access and 40 feet paved. The applicant propo_ses one access 24 feet wide and 24 feet paved. The mirumum access width requirements are not met. The applicant has a_pplied for an adjustment for th�s standard,which is reviewed and conditioned in the Variance section of tFus report, above. FINDING: As the above analysis shows, the proposed develo�pment does not meet all of the Access and Egress standards. However, with the following condition of approval, the standards can be met. CONDITTON: Upon completion of the improvements wit�un the public ROW, the applicant's enguieer shall submit a final sight distance certification. ENVIRONMENTAL PERFORMANCE STANDARDS-CI-IAPTER 18.725: Requires that ederal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise,visible emissions,vibration and odors. Noise. For the�urposes of noise re�ulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Muiucipal Code shall app y. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I:P) zoning district, thene shall be no use, operation or activity which results in a stack or other pomt- sour�ce emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality(DE� rules for visible emissions (340-21-015 and 3�0-2$-070) appIy, Vbration. No vibration other tllan that caused by highway vehicles, trains and ai�raft is pemutted in any given zoning district, which is discernible without instnunents at the propeity line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any oint beyond the property line of the use creating the odors is prohibited. DEQ niles for odors (340-D�8-090) apply. TRIlvIET QOMMLrIER RAII,STATION PAGE 18 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO THE HEARINGS OFFICER Glare and heat No direct or sky reflected glare, whether from floodl'ghts or from high temperature pmcesses such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parkin� areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations,odors,glare and heat,or insects and rodents would resuIt from this specific development. FINDING: Based on the inforn�ation provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question and it was subsequently found that the use was out of compliance with any of the a�ove standards the property owner would be sub'ect to code enforcement, court review, possible�ines, and revocation of the Condition�Use Pernut. LANDSCAPING AND SCREENING- CHAPTER 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required 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 project has frontage on SW Ma.in Street. The app licant has indicated in the narrative and on the site plan that they intend to plant street trees alon�g that frontage of SW Main Street, but have specified trees that are not ulcluded on the Cit�s Street Tree List. Therefore, the �applicant shall submit a rev�sed landscape plan showing street trees included on the City of T'igard Street Tree List. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed commercial develo ments in the C�D are ad�acent to like commercial uses, which do not require buffering,pi.usuant to the�uffer Matrix in Table 18.74�.1 Screenin of parkin and loading areas is required. The specifications for this screening are as follows: �andscape�parkin� areas shall include special design features, which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; As shown on Exhibit B, Sheeu B-2a and B-Sa-c, the proposed parking lot screening and landscaping meets the applicable standards. The parking lot is screened from adJ acent roperties by a 6-foot high chain link fence with slats (which qualifies as screening pursuant to 18.745.050.�8.d). Trees shall be planted in landscaped islands in all parking�areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and The applicant's plan includes 13 landscaped islands. The islands are a m;r,;rr,um of 7 feet by 16 feet in size. The islands include a total of 22 trees, or 1 for every4.7 spaces,consistent with this standard. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan shows trees planted within 7-foot planter strips with curbs,consistent with this standard. TRIIvfET QONIMiTfER RAIL STATION PAGE 19 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REPORT TO'IT�HEARINGS OFFICER Screening of seivice facilities. Except for one-family and two-family dwelling s, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in heigh� All refuse materials shall be contained within the screened area; The applicant intends to utilize the solid waste facilities of the ad'oining Bus Transit Station. These facilities have not been described in the application materials. There�ore, as a condition of approvali the applicant shall submit a plan and elevauon drawuigs demonstrating all service facilities are effectrvely screened from view. FINDING: The propo_�s_al dces not meet all of the requirements of the landscaping and screening chapter. With the following conditions of approval these standards can be met. CONDITTONS: . The applicant shall submit a revised landscape plan specifying trees included on the City of Tigard Street Tree List for the required street trees on SW Main Street. . The ap licant shall submit a plan and elevation drawings demonstrating all service�aciltties are effectivelyscreened fromview. Mixed Solid Waste and Recyclables Storage (18.7551: Chapter 18.755 re qu�ires that new construction incorporate functional and adeyuate space for on- site storage and e�ticient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. FTNDING: The applicant proposes to utilize the ad'acent existing Tigard Transit Center solid waste and recycluig facilities. Exhibit O, Sheet �1 shows two waste receptacles on the proposed commuter rail platform. It is reasonable to e�pect that this additional volume can be accommodated 6ythe existing facility,consistent wrth this standard. �FF-STREET PARHING AND LOADING(18.765� Vehicle parking plan requirements. No uil ing or other permit shall be issued until scaled plans are presented and approved as pro�vided by this chapter that show how access, egress and circulation requirements are to be�ulfilled.The applicant shall submit a site plan. The .applicant has submitted,a narrative and plan set showing how access, egress, and circulation reqturements are fulfilled, cons�stent with this standard. The applicant proposes.102 parking spaces. Pursuant to Table 18.765.2, No minim� pr maxim� parking spaces are reqtured tor the transit and non-accessory parking uses proposed. Therefore, this standard�s met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular tra�c on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access,Egress and Circulation; As discussed earlier in this report, this criterion is not satisfied. However, the applicant has applied for an adjustment as reviewed and conditioned above in the Variance section of this report. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 'IRIIvIET�MM[JTER RAII.STATION PAGE 20 OF 28 12/11/06 PUBLIC HEt1RING "RE VISED"STAFF REPORT TO'IT-�HEARINGS OFFICER Vision clearance is discussed later in this report. This criterion is satisfied. Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the access and all parking areas. This standard is satisfied. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing moveinents or other maneuvering within a street or other public right-of-way will be required. The parking spaces are serviced by twaway access within the northern portion of the project adjacent to the Commuter Rail station and one way access for the southern portion of the park and-ride lot. The proposed des��ig n allows room for velucles to turn around and enter the street so that no backing movement will be required,cons�stent with this standard. Parking Lot Stripin�: Except for singIe-family and duplex residences, an�y area intended to be used to meet the off street parking rec�uirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shaIl be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant's plan set, Sheets B-9a and b, show the parking spaces will be striped and includes a right way exit only. However, interior to the parking lot, one-way du-ection signs are not shown. In addition, that portion of the SW Main to SW Hall multiuse bicycle and pedestrian path located within the parking lot must be clearly marked. This standard is not met. Therefore, as a condition of approval?the applicant shall revise the site plan to show all interior drives and access aisles are clearly marked showuig direction of flow and maintairung vehicular and pedestrian safety including pavement markers and signing for the multiuse path. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewaIlcs shall be provided with a wheel stop at least four inches high located three feet back from the front of the parkin� stall. The front tlu�ee feet of the arkin stall may be concrete,asphalt or low lying landscape matenal that dces not exceed the heig�t of�e wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant has not proposed wheel stops for the spaces adjacent to the sidewalk at the east boundary of the parking lot. Therefore,this standardlias not been met. The applicant shall submit a revised site plan including wheel stops as required by the TDC Chapter 18.765. S� pace and Aisle Dimensions: Table 18.765.1. outlines the minimum dimensions for angled parking. The proposal identifies a total of 76 spaces utilizing angled parking. Staff review of the parking plan illustrates compl�ance with Figure 18.765.1. Tlus cnterion�s sarasfied. Minimum Bicycle Parking Reyu- irements: The total number of requiredbicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be Iess than two bicycle parking spaces. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18390.040, using approval criteria contained in Section 18.370.02D.G5.e. TRIMET OOMMiJIER RAII.STATION PAGE 21 OF 28 12/11/06 PUBLICHEARING "REVISED"'STAFF REPORTT'O'I�IE HEARINGS OFFI�R Pursuant to Table 18.762.2 no bicy�le spaces are required for the proposed tra.nsit station and accessory parking uses.However,the applicant has provided rune bicy�le parking spaces as shown on the site plan Sheet B-2a number 20).In addition,the applicant has provided the bicycle parking design in E�ibit I, consistent with�ection 18.765.050. Off-street loading requirements: Off street loadin� spaces: Commercial, industrial and institutional buildings or structures to be built or altered w�uch receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: . A minimum of one loading space is required for buildings with 10,000 gross square feet or more; • A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The.proposed development includes a transit station and park and-ride lot, which will not be used to recerve or d�stnbute matenal or merchandise.Therefore,the off-street loading standards do not apply. FINDING: The off-street parl�ng and loading standards for wheel stops have not been met. However,with the following conditions of approval this standard can be met. CONDI'ITONS: . The applicant shall submit a revised site plan including wheel stops for the proposed 90 degree parking,as required by the TDC Chapter 18.765. . The applicant shall revise the site plan to show all interior drives and access aisles are clearly marked showing d-irection of flow and maintaining vehicular and pedestrian safery including pavement markers and signing for the multiuse path. SIGNS (18.780� Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated witlun the City Limits. FINDING: The applicant has not addressed this chapter and no si ns have been proposed. However,if signs are later proposed,the applicant must app�y for a sign permit. CONDITION: Prior to placement of any signs on site, the applicant shall apply for a s�ig n permit and supply staff with the appropnate plans to verify compliance wnh TDC C:hapter 18.780. TREE REMOVAL - CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and pr�otection of trees prepared by a certified arborist be provided for a conditional use application. TI'he tree plan shall incIude identification of all existing trees, Identification of a pro gra�m to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection �rogram defining standards and methods that will be used by the applicant to protect trees dunng and after construction. FINDING: The applicant provided a tree survey Sheet B-4a) and an arborist report prepared by certified arbonst Ste hen Goetz, Pac ic Resource Group. According to the arborist report, only�tree #4 mch pine) of the eight trees identified on the project site,will be retauied. C?t the eig t trees, there are two trees� greater than 12 inches in diameter, which total 30 calip er uiches DBH. Pursuant to TllC 18.790.030.B, mitigation will be required for 30 caliper inches. Therefore, the tree removal standards have not all been met. The standards can be met with the following condition of approval: TRIMET O�MMUTER RAIL STATION PAGE 22 OF 28 12/11/06 PUBLIC HEARING "REVISED"STAFF REP�RT TO TI-�HEARINGS OFFIC�R CONDITION: The applicant shall submit a tree mitigation plan for review and approval by the City Forester, if the applicant chooses to provide tree rruug�ation on-site. Alternauvely, the applicant may choose to pay a fee-in-lieu at $125/caliper inch (30 inches x $125 = $3,750). VISUAL CLEARANCE AREAS- CHAPTER 18J95: Section 18.795.020.A. states that the provisions o this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hed�e, planting, fence, wall structure or temporary or permanent obstruction (except for an occasiona uhhty poIe or tree) exceeding three feet in height, measured from the top of the curb, or where no curb exists, f'rom the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. FINDING: The applicant has indicated in the narrative and on a site plan detail(Exhibit B-13) that a clear vision area will be maintained at the intersection of th, e proposed accessway to the park and- ride lot and SW Main Street,consistent with this standard STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER 18.810: Chapter 18.810 provides construction stan a s or the implementation o public and private facilities and utilities such as streets, sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width�planned as a portion of an existing street shall be dedicated and improved in accordance with the TDG Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to have a 74 right-of-way width and 46-foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, st�et lighting, storm drainage, and street trees. This site lies adjacent to SW Main Street,which is classified as a Collector on the Cityof Tigar•d Transportation Plan Map. At present, there is approximately 38 feet of ROW from centerline, according to the most recent tax assessor's map. SW Main Street is currently partially improved. In order to mitigate the u' npact from this development, the applicant should consuuct halt-street unprovements in accordance with the 31ane Collector standard. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street�lan shall be filed which shows the pattem of existing and proposed future streets from the boundanes of the proposed land division. Tlus section also states that where it is necessary to give access or pernut a sadsfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a bamcade shall be constructed at the end of the street These street stubs to adjoining propemes are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining propeity is developed. A barricade shall be constcucted at the end of the street by the �roperty owne�s which shall not be removed until authorized by the City Engineer, the cost of wluch shall be included in the street construction cost Temporary hammerliead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. 'IRIMET O�MIvIUTER RAIL STATION PAGE 23 OF 28 12/11/06 PUBLIC HEARING "RE ViSED"STAFF REPORT TO'IT�E HEARINGS OFFICER While the app licant does not believe tivs standard appli�es because they are not proposing the construction of any streets,tFie standard is speaking to future streets. The City of Tigard's TSP idenufies the e�tension of Ash Street from Commercial Street to Burnhazn Street. The applicant shall provide a future street plan with horizontal and vertical alignment of Ash Street. This future street plan shail clearly indicate the plat�orm and station locations in order to ensure that these improvements to do not prohibit the future construction of Ash Street. Street Ali nment and Connections: Section 1�.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by bamers such as topography, railroads, freeways, pre-e�usting developments, lease provisions, easements covenants or other restrictions existing pnor to May 1, 1995 wluch preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not peimit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide throu h cirrulation when not precluded by environmental or top�ographical constraints, existing deve�o.pment patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide re quired extensions. Land is considered topograplucally constrained if the slope is �reater than 15% }or a distance of 250 feet or more. In the case of environmental or topograpl-ucal constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connect�on. The Caty of Tigard's TSP identifies Ash Street as being extended from Commercial Street to Burnham Street. The City has indicated they will be constructin the connection from Bumham Street to the south side of the parking-lot in 2007. The remainder of the Ash�treet construction is expected to be completed with the future downtown improvements. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten perrent on arterials, 12% on collector streets,or 12°/a on any other street(except that local or residential access streets may have segm ents with grades up to 15°lo for distances of no greater than 250 feet). Centerline radii of curves shall be as determinedby the City Engineer. The applicant does not think this applies, however it applies to the frontage improvements they are required to complete on Main Street. The profile provided by the engineer for those unprovemenu indicate the grades do not exceed 12%,thereby meeting this critenon. Block Desi�ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due re ard to providing adequate bulding sites for the use contem_plated consideration of needs �or convenient access, circulation, control and safety of st�et traific an� recognition of limitations and oppommides of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line excep� • Where street location is precluded by natural topography, wedands or other bodies of water or,pre-e�cistin�development or, • For blocks ad�acent to arterial streets,limited access highways,major collectors or railroads. • For non-residential blocks in which internal public ci�ulation provides equivalent access. The applicant has not proposed any.new streets. However, the ap licant has requested an adjustment to the access width standard because the site width does not accomm�ate a single 50-foot wide access onto SW Main Street or a second 30-foot wide access to SW Ash Street.Althou�h�the Ash Street extension between the railroad right-of-way and SW Burnham Street could be conditioned in this report to meet the access and egress standards,the City has undertaken the acquisition and improvement of this segment SW Ash Street as part of its 2007 Downtown Capital Improvement Plan. In any case, the proposed development re quires the Ash 5treet extension to meet the access and egress standards,and is therefore,sub�ect to the block design and size standards. The existing block, comprised of SW Commercia�, Burnham, �, and Hall, is approximately TRIIvSET OOMMUI'ER RAII.STATTON PAGE 24 OF 28 12/11/O6 PUBLIC HEARING "RE VISED"STAFF REPORT TO TNE HEARINGS OFFIC�R 5,000 lineal feet. The SW Ash Street extension will not create smaller (3,000 lineal feet) blocks until it crosses the railroad,for which there is an exception. Section 18.810.040.B.2 also states that bi�c yc� le and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where preciuded by environmental or topographical constraints, existing development patterns, or strict adherence to other standa�is in the code. As described above, full street connections are not possible. The applic�an� t's plans show a gravel emergency access road from the east end of the parking lot to Hall Boulevard. TVF� commented on the pro�osed development and found that tivs access is not required for emergency services. However, a bicy�ie and pedestrian connection is required. This will provide a connection that is more than 330 feet, which is accep�table due to existing development patterns and the future extension of SW Ash Street. The sidewalk in the C�D is required to be a lafoot wide concrete sideavalk,in a public easement. NOTE: Althou�h a detail design of tivs path se nt is not yet available,.the City has budgeted funds for the detailed plan. The design plan will be made av '�to TriMet for use in rts revised site plan and construction drawings forthe facility. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. The applicant's plans show the construction of sidewalk along their Main Street frontage, thereby meeting this cnterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by C1ean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan. No sanitary sewer connection is proposed with this development. Storm Draina�e: General Provisions• Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be lar�e enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development The City Engineer shall approve the necessary size of the facility, based on the provisions of Desi gn and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage areas that impact th.is development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existin� drainage facility, the Director and Engineer shaIl withhold approval of the development unti provisions have been made for improvement of the potent�al condition or untiI provisions 6ave been made for storage, of additional runoff caused by the developrnent in accordance with the Design and Construct�on Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amend-ments). TRIIv1ET�MMCTIER RAIL STATION PAGE 25 OF 28 1L11/06 PUBLIC HEARING "RE VISED°STAFF REPORT TO Tf-IE HEARINGS OFFICER In 1997, C1ean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impe_rvious area reduction pro�gram resulting in no net increase in storm peak flows up to the 25-year event. The City will require that alI new developments resulting in an increase of unpervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be pernutted to discharge without detention. The applicant's engineer has submitted plans, and calculations for a vegetated swale that will provide detenuon and water quality for the new impervious surface area runoff. Bikeways and Pedestrian Pathways: Bikeway E�ctension: Section 18.810.110.A states that bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan (TSP). Developments adjoining proposed bikeways identitied on the Cit}�s adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedicat�on of easements or nght-of-way, provided such dedication is direcdy related to and roughly proportional to the impact of the development SW Hall, an arterial, and SW Main, a collector, are adjacent to the proposed site on the east and west, respectively. SW Hall Boulevard is classified as a regional bicycle facility in Tigard's 2002 TSP. In 2006, the Ti�zl Doz�ozan St�scape Deign Plan was adopted as the �u document for u� np rovements to Downtown streetscapes, ateways, pubhc spaces, and green streets. Thde�lan (page I-9) ident�ies a multi-use bicyde and pedestrian pa� that tr•ave�es the subJect site from SW Hall Boulevard to SW Main Street. The Plan further describes the muluuse pathw�ay �page I-14) as being parallel to the parking access way and developed f rom Hall to the north as a rail to-iral pro�ect. Therefore, the applicant shall include provisions for the extension of the multiuse path through a public access easement. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric communication, lighting and cable television services and related facilities shall be place� underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets wluch may be placed above �round, temporary utility service facilities during construction, high capacity electnc lines operahng at 50,006 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; . The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, includin sanitary sewers and storrn drains installed in streets by the developer,shall be constructe�prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where e�sting uhlit�es which are not under�round will serve tlie development and the approval authority determines that the cost and techmcal difficul of under- roundin the utilities outwei hs the benefit of under- roundin in conjunction withtythe developmen� �he determination s�all be on a case-by-cas ebasis. �he most common, but not the only, such situation is a shott frontage development for which under- groundin� would result in the placement of additional poles rather than the removal of above- ground utilities facilities. An applicant for a development w�iich is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. TRIMET QOMMUIER RAIL STATION PAGE 26 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORTTO'I'I-IE HEARINGS OFFIC�R ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Stud Findin s: URS prepare a Fina ransportation Impact Analys is for the Tigard C�D Park and Ride in August 2006. The park and ride will contaui approximately 120 spaces in the Tigard Central Business Distnct (CBD�: The URS analysis indicates that the Tigard C�D park and ride would have.limited impacts to overall traffic operations withui the study area. URS goes on to say that minor rrutigation can be developed which will be designed to maintain safe vehicle and pedestrian circulation in the study area. Proposed project-related mitigation measures include construction of center medians on Main Street through the proposed Tigard CBD rail crossing. This median is shown on the applicant's plan submittal. URS also lists under recommended mitigation measures the construction of an additional access that will be constructed to the south along the alignment of Ash Avenue that will connect to Burnham Street. The design and construction of this connection is ident�fied as a CityQP project in 2007. Public Water S stem: The City o. Tigar provides service in this area. The applicant's plans indicate they will be installing a 1-inch service. Storm Water Qualit� The City has agre�e to enforce Surface Water Management�SWM regulations established by Clean Water Servrces (CWS� Design and Construction Stan ards �adopted by Resolution and Order No. 00-7) wluch require the construction of on-site water quality facilit�es. The facilities shall be designed to remove 65 percent of the phosphoius contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the C,��Design Standards. rn addition,the applicant shall submit a maintenance plan f or the f acility that must be reviewed and approved by the City pnor to construction. To ensure compliance with Clean Water Services design and construction standards, the applicant shall em�loy the design enguleer responsible for the design and specifications of the private water quality fac tyto perform construction and v�sual observation of the water quahtyfacilityfor compliance wrth the design and spec�fications. These inspections shall be made at significant stages throughout the pro�ect and at completion of the construction. Prior to final building inspection,the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confixYnation that the water quality facility is in compliance with the design and specifications. Gradin and Erosion Control: CWS Design an Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavatin clearing, and any other activity which accelerates erosion. Per CWS regulations, the app�icant is required to submit an erosion control plan for City review and approval prior to issuance of Caty pemuts. The Federal Clean Water Act requires that a National Pollutant Dischar�e Elimination System (NPDES�erosion control permit be issued for any development that will disturb one or more acre of land. ince this site is over an acre, the developer will be required to obtain an NPDES permit from the City, prior to construction. This permit will be issued along with the site and/or building permit. The applicant will be required to obtai_n an NPDES 1200C pernut. TRIIvIET O�MMCTtER RAII_STATION PAGE 27 OF 28 12/11/06 PUBLICHEARING "REVISED"STAFF REPORT TO Tf-IE HEARINGS OFFICER Site Permit Re uired: e app �cant is required to obtain a Site Pernut from the Building Division to cover all on-site private utility uistallations (water, sewer,storm,etc.) and driveway construction. Address Assi nments• The City o igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be pai�to the City pnor to issuance of permits. D. IMPACT STUDY: Section 18.390.040.B.2.e 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 CatX standards, and to mirumize 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 Qublic right-of-way dedication, or provide evidence that supports that the real property dedicat�on is not mughly proportional to the projected impacts of the development The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are currently serving the site or are capable of serving the site. The pro osed development proposal does not requ.ire an�y dedications. As the proposed transit use will reduce �ic on the Cit�s roads,no Traffic Impact Fees will be assessed. This standard is met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent this proposal for review; their comments have been incorporated mto th�s report. The City of Tigard Police Department has reviewed r.his application and has no objections to it. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue commented that no emergency access is required for the proposed development. Clean Water Services, Oregon Departrnent of Transp�ortation, Oregon Department of Environmental Quality, Waslungton County, Metro, and TriMet were given the oppom�ruty to review this proposal and submitted no comments or objecuons. v a December 12,2006 PREPARED BY: G Pagenstec er DATE Associate Planner TRII��T O�MMLff'ER RAIL STATION PAGE 28 OF 28 12/11/06PUBLICHEARING "REVISED°STAFF REPORTTO'IT�HEARINGS OFFICER -- -------- ---------------- Patty Lunsford - Re: TriMet Commuter Ra�i Revised Conditions of Approval Page 1 From: Joe Turner<jtpc@verizon.net> To: Gary Pagenstecher<Garyp@tigard-or.gov> Date: Tuesday, December 12, 2006 4:54:24 PM Subject: Re: TriMet Commuter Rail Revised Conditions of Approval Thanks Gary. I will incorporate them into the decision. On Dec 12, 2006, at 4:29 PM, Gary Pagenstecher wrote: > Joe, >As discsussed in the hearing last night, TriMet and the City have > agreed on a set of recommended conditions of approval for the staff > report(CUP2006-00003). I have included them in the report and have > attached a final copy of the report for you review. > Gary > > Gary Pagenstecher >Associate Planner > City of Tigard > 503-718-2434 > GaryP@tigard-or.gov � <CUP2006-00003 staff report final.doc> CC: "Dick BewersdorfP'<DICK@tigard-or.gov>, "Kim Mcmillan" <Kim@tigard-or.gov>, "Patty Lunsford" <PATTY@tigard-or.gov>, <DoranJ@trimet.org> PLANNING SECRETARY MATERIALS 1 • ATTACHMENT A