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CUP1994-00001POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 35 Ski Hampton 2s1 SAC, 1100 AFFIDAVIT OF MAILING STATE OF' OREGON County of Washington City of Tigard 1"../ being Print) That I am a The City of sworn/affirm, That I served NOTICE OF PUBLIC HEARING FOR ..„Zfhat I served NOTICE OF DF,.ISION FOR City r Tigard Planning Director „Tigo...6 Planning Commission /.../.Tig,rd Hearings Officer TigArd City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named ptuplars at the address shown olophe attached list marked exhibit "B" on the I' day of , imil .‘4 9.22—, lV-* said notice NOTICE OF ngctsilag as hereto attached, was posted on an appropriate bulletin board on the rb day of , 19,..51_1 and depcwi ed in the United States Mail on the , 19 postage prepaid. Subsc ibed and sworn/affirm to me on the 19 orPicIALSEAL vee, DIANE M. itLDERKS NOTARY Putkic.oRtGow COMMISSION NO .008977 MY COMMISSION EXPIR5S SEPT. 7, 1995 my Commission E CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): CUP 94-0001 2. Name of Owner: . Charles Mike.). Name of Applicant: _loseghliughes Construction 3. Address 319 SW Washington 4920 City Portland State OR Zip 97204 4. Address of Property: 7035 SW Hampton Street Tax Map and Lot No(s).: 2S1 lAC tax lot 1100 5. Request: A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130 Zone: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. 6. Action Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Mall, and mailed to: X The applicant and owner(s) X Owners tif record within the required distance X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON May 31, 1994 UNLESS AN APPEkL IS FILED. The adopted findings of fact, decision, an statement of conditions can be obtained from the Planning Department, 'J.gard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Aopeal: Any party to the decision may appeal this decision in accordance with 18,32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent, The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00), The deadline for filing of at Appeal is 3130 p.m. May'....310 1994 10, Questions:„ If you have any questions, please call the City of Tigard Planning Department, 639-4171. BEFORE THE LAND USE HEARINGS OFFICER i, OR THE CITY OF TIGARD, OREGON Regarding of an application by Hughes Construction, Inc. ) FLth7A,L ORDER for a conditional use permit for a construction contractor's ) professional office in the C -P zone at 7035 SW Hampton ) Street in the City of Tigard, Oregon ) CUP 94-0001 I. FINDINGS 1. The hearings officer hereby adopts and incorporates herein the findings of the Tigard Community Development Department Staff Report in this matter (the "Staff Report`), including the summary, findings about the site and surroundings, applicable approval standards, NPO and agency comments, and evaluation of the request, except to the extent expressly provided otherwise herein. 2. The hearings officer conducted a duly notice public hearing regarding the application on April 128Y 1994 , and held o p en the public record for seven days after the hearing. The following selected, relevant testimony was offered: a, Planner Victor Adonri summarized the Staff Report for the City. b. Tim Roth and Steve Kolberg testified against condition of approval 1, which requires the applicant to dedicate a 25 -soot right of way for SW 70th Avenue. Each of these witnesses owns land east of the sate, They do not want SW 70th Avenue developed, If it is not developed, then, they reason they could regain the 30 -foot half- width right of way that was dedicated from their properties for SW 70th Avenue and has they argue the applicant not already been vacated. If it is developed, argue PP icant should be required to dedicate a 25 -foot halt -width right of way. If that occurs, then they believe the east 5 feet of the existing right of ,va}. can be vacated, because the total right of way width will be 55 feet (or 5 feet more than required for a local street). c, Attorney Phil Grillo testified for the applicant. He accepted the Staff p conditions pp corrections corrections, one request for. Re ore and recommended conditions of �ero' three the following: modification. and one major objection. (1) Each of the lots east and north of the site is developed with a single family dwelling. They are not fully developed: This corrects finding II.E on page 2 of the Staff Report. (a) The hearings officer accepts and incorporates the offered correction by reference. based on the lack of rebuttal and observations by the hearings officer during his site visit, (2) Comprehensive plan policy 8.1.3, which is reprinted at page 6 of the Staff Report. should be read in conjunction with section 18,164 of the City Code. (a) The hearings officer rinds that the foregoing is not a correction and does not accurately reflect the law, The Staff Report accurately states the i Y . City Code section 18,164. If The policy does not address comprehensive plan policy. , p y . both the comprehensive plan policy and section 18,164 are applicable approval criteria, s . n ' . extent Y , y be necessary ie rteaninc ee which tac,h stand, can its o�n To thc. the two conflict it ina bcivtn tlto decide controls. To the extent the two do not conflict. each should beg from the words they use. 1'agc 1 • Hcarin; i gtr7err FMal Onto. Cut} 94.(0(701 iHholes Cons'ruerion Co.) (3) In the fifth paragraph on page 7 of the Staff Report is the statement that "overhead utility lines should be placed underground." This statement is not reflected in a proposed condition of approval, but it is consistent on its face with City Code section 18.164.120.1 (a) Mr. Grillo noted that utilities on the site and in the vicinity are now above - ground, and that it would be inefficient and incongruous to.require the applicant to underground utilities abutting his property under the circurnstances.2 (b) The hearings officer finds that Mr. Grillo's observation that utilities on the site and in the vicinity are now above- ground is correct, based on the lack of rebuttal and observations by the hearings officer during his site visit. The hearings officer modifies the statement regarding utilities quoted above to recognize that a fee in lieu of undergrounding may be paid by the applicant to comply with section 184164.120. 1 The complete text of section 18:164,120 is as follows; A. Underground utilities; ` utility lines including. U d for electric, cotm nication, lighting and cable television services and related facilities ities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above and; a, The subdivider shall make all necessary arrangements with the serving utility to provide the underground services; b. The City reserves the right to approve location of all surface mounted facilities; c, All underground utilities. including sanitary sewers and storm drains installed in streets by the subdivider" stall be constructed prior to the surfacing of the streets; and a, Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. information on development plans; 1. The applicant for a subdivision shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and; a, Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and b. Care shall be taken in all eases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. 2 The hearings officer notes that at pages 7 -8 of the application narrative, the applicant agrees "to pay S27,50 per foot of street frontage in lieu of undergrounding utilities" to comply with Chapter 18.164. The city engineer adopted a policy dated March 11. 1992 in which he construed section 18.164.120 to apply to all development and not just to subdivisions. Although the hearings officer believes it is not clear that section 18.161.120 applies to development other dui subdivisions, the hearings officer understands the applicant to be willing to pay the fee in lieu of undergrounding the line. Therefote the issue is moot. Page 2 ..: Hearings Officer Final Order CUP 94 -D00I ( Hughes Construction Co.) 2 4 4 4 n .4' d. Mr. Grillo also requested that proposed condition of approval 4.b be amended to allow the applicant to apply for an adjustment or variance to the requirement that the driveway to the site have a minimum width of 30 feet. Th hearings officer finds that such a modification is consistent with the procedure for adjustments and variances in the code. Condition of approval 4.b should be modified accordingly. e. Most of the testimony offered by Mr. Grillo concerned recommended conditions of approval 1 through 3, which require the applicant to dedicate a 25-foot half- width right of way for SW 70th Avenue,3 to waive remonstrances against future improvement of that street by the city, and to submit a plan showing how parking and required setbacks can be provided when the city improves SW 70th Avenue. (1) He argued the conditions of approval apply only to TL 2000, because the applicant would have to dedicate TL 2000 to comply with condition of approval 1. TL 2000 is the SW 70th Avenue right of way that the city vacated in 1985. Mr. Grillo argued the CUP applies only to TL 1100, because that is where the use will be conducted. He argued the city cannot require dedication of 11 2000 for SW 70th Avenue, because TL 1100 does not abut the existing SW 70th Avenue right of way and 11 2000 is not part of the site of the application. He also arguld that requiring dedication of TL 2000 would amount to a total taking of that lot for which the applicant should be compensated. (a) Mr. Adonri pointed out that TL 2000 is a nonconforming lot. Section 18.132,040.A.4 requires that a lot that is nonconforming due to its size shall be aggregated with an adjoining lot under the same ownership. (b) The hearings officer agrees. Tri., 1100 and 2000 are one lot of record for purposes of the application under review, based on section 18.132.040.A.4. Moreover, the application expressly includes both TL 1100 and 2000. Therefore, the hearings i)fficer finds the site abuts the existing half-width right of way for SW 70th Avenue. (c) Because both tax lots are part of one lot of record, the hearings officer finds that Mr. Grillo s argument about a total taking of TL 2000 is inaccurate. The city proposes to require dedication of a portion of the lot of record. The hearings officer finds the remainder of the lot of record can be used for an economically viable purpose, based on its existing improvements and intended use by the applicant. (2) Mr. Grillo argued that the requested dedication was inappropriate, because the city was requesting dedication of an arterial street right of way. and SW 70th Avenue is not identified as such on the city arterial plan. (a) Mr. Adonri clarified that the city is requesting a dedication for a local street only. That is, a 30-foot half-width right of way exists east of the site. The city is proposing that the applicant dedicate a 25-foot area for the west half of the right of way. If that occurs, the city could vacate the east 5 feet of the existing 30-foot half-width right of way, because it is wider than required for a half-width right of way for a local street.4 After the hearing but before the close of the record. the city modified condition of approval I to require the applicant to dedicate only a 20-foot half-width right of way instead of a 25-foot half-width. 4 If the applicant dedicates a 20-foot right of way to achieve a total 50-foot right of way. as recommended by staff after the hearing, the easterly 5 feet of the existing .A0-foot half-width cannot be vacated. Page .1 --- Hearings Officer Final Order CUP 94-0001 (Hughes Construction Co,) • a' 4 * '," , • ; = 4 • a', Lt. • • _s r 3 a. t L .; at ` = LEGIBILrTY STRIP` •• • • • (b) The hearings officer finds the city is requesting dedication of right of way for a local street, not an arterial or collector. (c) In his May 2 memorandum, Mr. Grillo made a similar argument that, when the city council vacated the west half-width of SW 70th Avenue in 1985, its intent was to convert SW 70th Avenue from a local street to a commercial alley. Because a commercial alley is permitted in a 20-foot right of way, he argues no additional dedication is needed. Also, in his oral testimony and May 2 memorandum, Mr, Grillo argued the city council expressed its intent in 1985 to vacate SW 70th Avenue, and that the recommended condition of approval is contrary to that intent, (1) The hearings officer finds no evidence of the city council's intent in the record in this matter, The record does not contain substantial evidence about why the city council vacated the west half-width right of way of SW 70th Avenue abutting the site. The fact that the city vacated only half the right of way in 1985 and did not vacate the remaining 30-foot half-width raises a substantial doubt about their intention to vacate the street altogether:. The east 30 feet of the right of way continues to be dedicated as such Why would the city vacate one-half of the right of way, but not the other half if it intended to vacate the street? Who knows, The hearings officer declines Mr. Grillo's invitation to speculate about the city council's intent in 1985, (ii) The hearings officer finds that the city council's intent in 1985, even if clearly expressed and in the record, is not binding on the city now. Circumstances change. If necessary to comply with the city code under the facts of the case, the city can require dedication of the SW 70th Avenue right of way even though it was partially vacated only nine years ago. (iii) Regarding street location, width and grade, section 18.164,030.D,1 .b provides: Where the location of a street is not shown in an approved street plan. the arrangement of streets in a development shall either: Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or Conform to a plan adopted by the Council—, (iv) Based on section 18.164,030,111,b and E, the hearings officer finds that, if chapter 18.164 applies, the city can require the dedication of the SW 70th Avenue half-width, because it continues an existing street, (i,e,, it provides the west half of SW 70th Avenue). and there is no street plan adopted by the city council. (3) Mr. Grillo argued a local street can be built within the existing 30-foot half-width right of way; therefore, the additional right of way is not required. (a) The hearings officer finds that this argument has no merit. Based on section 18,164.030,8.1.a, the minimum right of way width for a local street is 50 feet. The city code does not authorize the hearings officer to reduce that width even if the requisite improvement can be made in a lesser, available right of way. Moreover. section 18.164.030,E,La requires a minimum paved width of.34 feet for a loeal street. Other sections require curb and sidewalk on both sides, bringing the total minimum width required for the improvements to about 45 feet. Pave 4 -- Hearings 0.:'icer Final Order CCP 94-00,4 (Hughes Construction Co.) , • . a 11. ;401 • * J. ' .1 t (4) Mr. Grillo argued orally and in a May 2 memorandum that the city cannot require the dedication, because the application will not result in any change to the site except the change of use of the existing improvements on the site. The application creates no impacts that are rationally related to the dedication requirement. Therefore, dedication cannot be required, based on commonly accepted constitutimal principles governing the use of the city's police power authority, (a) The hearings officer agrees with this argument. The hearings officer reasons that the City Code respects this principle by distinguishing between minor and major modifications to existing development. A minor development is one in which potential impacts are not reasonably likely or are too insignifiant to be subject to compliance with all standards that might otherwise apply, such as street dedications or improvements, in the absence of some compelling purpose. The hearings officer finds that the recommendation in the, Tigard Triangle Specific Plan Area that SW 70th Avenue become a minor collector street is not a sufficiently compelling reason to require the dedication by itself, because it is a recommendation only and has not been adopted as a land use plan or regulation by the city council. (b) The city can require dedication of the right of way if consistent with the applicable standards and criteria under the city code. Section 18.130.040 contains the approval criteria for a conditional use permit. Section 18.130.040.A.5 contains the following approval criterion for a conditional use permit: The supplementary requirements set forth in Chapter 18.114, Signs, and Section 18.120.180, Approval Standards, if applicable, are met (emphasis added) (c) The hearings officer finds the cited section is ambiguous, because of the underlined words. The question is whether section 18.120.180 always applies, as assumed by city staff. (d) The hearings officer finds that section 18.120.180 does not always apply, based on the plain meaning of the qualifying words in that section. To decide whether section 18.120.180 applies in this case, the hearings officer turns to section 18.120.070 and .080. which define when section 18.120,180 applies, That is, section 18.120,070 describes when a proposed development is a major modification of existing development. If it is not a major modification, then section 18.120.080 says it is a minor modification. If it is a minor modification, then section 18,120,180 does not apply.5 5 Section 18,120,020.A provides site development review does not apply to a minor modification of existing development. Section 18.120.080 says a minor modification is one that is not a major modification. Section 18,120.070.13 contains the following list of development that constitutes a major modification: 1, An increase in dwelling unit density or lot coverage for residential development: 2. A change in the ratio or number of different types of dwelling units; 3. A change that requires additional on-street parking in accordance with Chapter 18,106: 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code: Page 5 — Hearings (ffal' Final Order CUP 94.0001 (Hug)les Construction Co.) ,.• (e) The hearings officer finds that the proposed conditional use is a minor modification, because it does not involve a residential use, it does not increase requirements for on-site parking, it does not change the classification of the structure under the UBC, it does not increase the height or area of the existing building, it is not expected to increase vehicle trips by more than 20 ADT, it does not involve a reduction in open space or project amenities, and it does not change any conditions of prior site plan approval. Therefore, section 18.120.180 does not apply and chapter 184.64 does not apply. The hearings officer finds conditions 1 through 3 and findings in support thereof in the Staff Report are inappropriate, because chapter 18.164 is not applicable. The hearings officer finds those conditions and related findings should be deleted. (f) When the applicant or his successor(s) in interest undertake a major modification on the site, compliance with chapter 18.164 can be required as a condition of approval of site plan review pursuant to section 18.120.180. It is untimely to require that compliance at this time, because the conditional use is a minor modification of existing development. Approval of the conditional use permit without the dedication, waiver and parking plan does nit violate the City Code. IL ONCLUSIOIi 1. Based on the above findings, the hearings offie.:er finds the applicant's request should be aproved, subject to conditions of approval necessary to assure the development complies with applicable standards as recommended in the Staff Report except as modified herein. 2. The hearings officer concludes that the proposed conditional use permit amounts to a minor modification of existing development; therefore, it is not subject to section 18.120.180. and it is untimely to require the applicant to dedicate right of way for SW 70th Avenue in the absence of a compelling reason. No such reason exists. There will be ample opportunity to acquire and require the applicant to improve the SW 70th Avenue abutting the site when the site is further developed. , a 5. An increase in the height of the building(s) by more than 20 percent; 6. A change in the type and location of accc:sways and parking areas where off-site traffic would be affected; 7. An increase in vehicular traffic to and from the site and the increase can be expected to be exceed 20 vehicles per day; 8. An increase in the floor area proposed for nonresidential use by more than 10 percent excluding expansions under 5.000 square feet; 9. A reduction in the area reserved for common open space 10. A reduction of project amenities 11, A modification to conditions imposed at the time of site development review approval Page 6 — flearalgs Officer Final Order CUP 94.0001 r Hughes Construction Co,) III. ORDER The hearings officer hereby approves the applicants requests, CUP 94-0001, the 0©01 .. i of the Staff Report in this matter, following subject to the conditions in Section VI o p amendments: 1. Recommended conditions of approval 1 through 3 are hereby deleted. . 2. Recommended condition of approval 4.b is hereby amended to read as follows: Provision of a minimum access width of 30 feet, and a pavement width of 24 feet, except as otherwise permitted by law. rings Officer Page 7 -• Hearings Officer Final Order CUP 94.0001 ("Hughes Construction Co.) AGE ,JA ITEM .' L BEFORE THE LAND USE ilEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Joseph Hughes Construction, Inc. to JJIlow a change of use from an existing Professional office building to a Construction Contractor's Professional Office. STAFF REPORT CUP 94 -0001 CASE: Conditional Use Permit CUP 94 -0001 The applicant requests Conditional Use approval to allow a change in use from an existing Professional office building to a Construction Contractor's Professional Office. APPLICANT Joseph Hughes Construction, Inc. OWNER: Charles Hagel 319 SW Washington, #920 23112 S.Blano Tigard, OR 97223 West Linn, OR 97068 COMPREHENSIVE ULAN DESIGNATION: Professional Commercial ZONING DESIGNATION: C -P (Professional Commercial) LOCATION: 7035 SW Hampton Street (WCTM 2S1 1AC, Tax Lot 1100) APPLICABLE LAW : Community Development Code Chapters 18.64.040, 18.100.030, 18.100.035, 18.102.020, 18.106.030, 18.108.050, 18.108.080, 18.114.130(D)(1), 18.130.040, 18.150.020(E), 18.150.030(A), 18.164.030(A)(E), 18.164.070, 18. 164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 7,1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. STAFF RECOMMENDATION Approval subject to conditions. HEARINGS OFFICER - CUP 94-0001 - 1 GEL HUGHES CONST ► PAGE 1 H. FINDINGS ABOUT SITE AND SURROUNDINGS A Zone Ordinance Amendment (ZOA 93 -0006) was approved in 1993 to add Construction Contractor's Professional Office as a Conditional Use in the C -P zoning district. Furthermore, a Site Development Review (SIR 1 -78) was approved for this site in 1978 to allow construction of a commercial office building. No other land use application have been submitted to the City for this site. The subject parcel contains approximately 0.47 acres. The site is rectangular in shape and is relatively flat. The site is located at 7035 SW Hampton Street, in the southern portion of the Tigard Triangle, east o! 72nd Avenue, north of Highway 217 and west of Interstate #5. a Existing uses and structures Tile subject parcel is developed with an existing commercial office building. This existing building will be retained by the appl`cant. The siw is properly landscaped with ornamental trees, shrubs, grass, and a variety of flovorang plant which are located all around the site. Properties to the north, south, e aft and west are zoned CAP (Professional • Commercial), and are all substantially developed, A t#EARINGS OFFICEk - CUP 04 -OOO1 HAGi L -- HUGHES d1ES CONS'1 . PAGE 2 111. APPLICABLE APPROVAL STANDARDS 1. Chapter 18.64.0401ists Construction Contractor's Profe °,sional Office as a Conditional Use in the C -P zone. 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The si'e size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. The characteristics of-the site are suitable for the proposed use conderng size, shape, location, topography, and natural features. All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. VI The supplementary requirements set forth in Chapter 18A14 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are mete The use will comply with the applicable policies of the Comprehensive Plan. 3. Chapter 18.4.050 (A )(6 ) specific that the n nimum . landscaping requirement shall be 15 percent, HEARINGS OFFICER - CUP 94- 0001 - HAGRL - HUGHES CONS T. PAGE 3 • i • } 4. Section 18.100.039 requires that all developments fronting on a public street or private driveway more than 100 feet in length shall be required to plant street trees in accordance with Section 18.100.035 (Location of Street Trees). The minimum regi:, i °t d spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. 5. Section 18.102.020 (Visual Clearance) requires that a visuai clearance area be maintained along the intersections of all public and private right-of- ways. 6. Section 18.106.03(4' 9) ( Parkin g) requires that one parking space be provided for each . i square feet of gross floor space. This code also permits up to 25% of the parking spaces to he compact parking stalls. 7. Section 18.106.020(P) (Bicycle parking requirements) states that one bicycle parking space is required for each 15 atoraobile parking spaces. 8; Section 18.108.050 requires that a pedestrian walkway extend from the ground floor entrances to the streets which provide; the required pedestrian access and egress. 9. Section 18.108.080 (Access and Circulation - Minimum Requirements) states that if less that 100 parking spaces are required, the minimum access width shall he 30 feet with curbs and 24 feet of pavement width. 10. The Americans with Disabilities Act (ADA). Became efintive on January 26, 1992. It requires one disabled person parking spire if one (1) to twenty -five (25) parking spaces are provided. 11. Chapter 18.114,130(D)(1)(a)(b) states that one freestanding sign up to 32 square feet per face may be permitted in the C -P zone. Wall signs are limited to five ( 5) percent of the size of the wall which the sign is to be )P mounted on. Sign permits must be obtained prior to the installation of any sign on the premises. HFAYtINGS OFFICEk 01L1P 94 -000 . - 11AGEL UUGH1S CONS '. 1 AGt 4 ii } ' 12. Chapter 18.150.020(E) requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter nfteasured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f, New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164,030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street, b. Section ‘18.164.030(E) requires a major collector street to have a minimum 60- ` 60-80 foot right-of -way, a 44 feet minimum roadway width, and 2 -4 moving lanes. c. Section 18.164,070(A) requires sidewalks adjoining both sides of a major collector streets. HEARINGS orFICER ti CUP 94 -0001 - I'AGEL HUGHES CONST . PAGE 5 d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. li .ble em sr h- iv Plan Pal Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be rovided an opportunity to participate in all phases of the planning and p development review process. Eater Oual: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. = tilitie�. Policies 7.1.2, 7.8.1 and 7.4.4 provides that the City will require Public U .. approval that public water, sewer, and storm P as a condition of development P to City standards and that utilities shall drainage will be provided and designed tY be placed unde► Ground. Street Improvements: rovements: Polic; 8.1:1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. tree _ Im r venoms, Policy 8.1.3 states that the City will require the following as a precondition of approval: a, Development abut a dedicated street or have other adequate access; b, Street right -of -way shall be dedicated where the street is substandard in width; c, The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. p participate improvement of existing streets, d, The developer shall _ development's cA ate an t e am acts, arts of P curbs, and sidewalks to the extent of HEARINGS Olei .LGE R - CUP 94-0001 - IAGEL - HUGHES CONST PAGE 6 e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. 1V. OTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: The site is located within the Tigard Triangle Specific Area Plan that was recently completed (Jan. 1994) for the City by OTAK Inc.\ INKS Associates. In addition to confirming the necessity of SW Hampton Street as a Major Collector (as shown on the City Comprehensive Plan), the plan.recommends that SW 70th Avenue-be included within the proposed street system for the area as a Minor collector. This is a change from the current un- improved status and previous assumptions, and could affect the site with the future development of SW 70th Avenue. The parking layout and access to the site should be revised to provide for this future change. 2. STREETS: S: The existing improvements along SW Hampton Street have been co mpleted in accordance with City standards in conformance with the requirements for a Major Collector. No additional street construction along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground, With respect to SW 70th Avenue, the applicant should dedicate the right-of -way for a typical City street, 25 feet from centerline, and be required to sign an agreement of non - remonstrance to the formation of a future LID for the development of the street i provements:,'his dedication would combine with the existing dedication of 30 feet made by the adjoining subdivision to make the street 55 feet wide, HEARINGS OFFICER - CUP 94 -0001 - HAGEL - HUGHES CONST. PAGE • 3. '1TA.RY SB,E: The site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. 4. _STOW SEWER: The site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.02 of the R & 0 states that: "The provisions of Chapter 7 shall apply to all activities which create new or additional impervious surfaces... ". Since the intended use will not create any new impervious surfaces this application is not required to install a on -site water quality facility or pay a fee in -lieu of construction. However, should a re- design of the parking lot and access to the site require additional paving, the requirement of the fee in -lieu may apply. The City of Tigard Operations Department, and City of Tigard Building Division have reviewed this proposal and have offered no comments. W� CDT & AGENCY COMMENTS The facilitator for the East Citizen Involvement Team was notified of the proposed subdivision. The involvement Team has not provided any comments or objections to this development. In addition, applicant conducted a neighborhood meeting. 2. The Tualatin Valley Fire & Rescue District, Tualatin Valley Water District have reviewed the proposal and have offered no comments or objection: 3. No other comments was received by the Planning Division, HEARINGS OFFICER CUP 94-0001 - HAGEt HUGHES CONS T, PALE 8 V. EVALUATION OF REQUEST A. Compliance with Conmunty OeyelQ� Section 18,130.04Q: The proposed use requires a Conditional Use approval. This proposal complies with the conditional use standard of the C -P zoning district, and the standards of Chapter 18.130 (Conditional Use). The site provides adequate area for the proposed new use of the existing office building. There are no apparent physical obstacles to this use on the site Adequate public utilities are available to serve this use as addressed further in this report. Setbacks, lot coverage, and building height require' vents of the C -P zone, and the applicable Comprehensive Plan Policies are sat bled by this proposal. Sections 111QQAMI and J8.100.035 (Street Trees) is partially satisfied as demonstrated on the preliminary site plan. The minimum required spacing for street trees is 20 feet with a maximum spacing of 40 feet. The applicant proposes to retain the one (1) street tree along the site's frontage on SW Hampton Street. The street frontage of this site is approximately 110 feet. This distance requires the provision of a minimum of three (3) street trees. The property also abuts SW 70th Avenue by a distance of 151 feet. This distance requires the provision of a minimum of four (4) Street trees along the frontage on SW 70th Avenue. The preliminary site plan as submitted provides for one (1) street tree along the site's frontage on SW Hampton Street. In addition, the applicant has not submitted a detailed landscape plan. Therefore, a detailed landscaping plan shail'be submitted to the Planning Division. The landscaping plan shalt, show provision for two (2) additional street trees along the site's frontage on SW Hampton Street, and four (4) street trees along the frontage on SW 70th Avenue. In addition, applicant shall also submit evidence that the site has a minimum landscape coverage of 15 %. Section .1&i 2.020 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. A clear vision area shall contain no vehicle, hedge, rAanting, fence, signs, wall structure, or temporary or permanent obstruction etc >eding three feet in height. The code provides that obstructions which may be lmated in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along, the street right- HEARINGS OPFTCEtt - COP 94 =0001 BAGEL • Ir CIIES CONST. PAGg 9 • • of -way and the driveway and then connecting these two 30 foot distance points with a straight line. Placement of any future possible obstructions including street trees and freestanding sign shall comply with this standard. Proposed placement of sign and street trees shall be reviewed by the Planning Division for compliance with the requirements of Sections 18.102 (Vision Clearance) and 18.114 (Signs) Section i8.106,030F13( (Parking) requires one (1) parking space for each 350 square feet of gross floor area. The existing structure is approximately 2,230 square feet. The site plan and the applicant statement indicates that eight (8) parking spaces will be provided. A total of eight (8) parking spaces are required for this development. Therefore, this code requirement has been satisfied. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. It requires one disabled person parking space if one (1) to twenty -five (25) parking spaces are provided. Approximately one (1) disabled person parking space is required for this development. The proposed site plan does not show provision such disabled person parking space, A revised site plan shall be Submitted to the Planning Division showing the provision of one (1) disabled person parking space. 1$- 06--2F t Bicycle parking requirements states that one bi cycle parking g space is required for each 15 automobile parking spaces. Therefore, one (1) bicycle parking space is required. The applicant has indicated that one (1) bicycle parking space will be provided on site Therefore, a revised site plan shall be submitted showing provision of one (1) bicycle parking. space. Section _18.108.050 requires that a pedestrian walkway extend from the ground floor entrances to the streets which provide the required access and egress. The site plan does not propose such a pedestrian walkway. Therefore, this code requirement has not been satisfied. A condition requiring this walkway is warranted. Section ,18.108.080 (Access and Circulation - Minimum Requirements) states that if less that 100 parking spaces are required, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width required. Since this site has eight (8) existing arkin g spaces, aces , q u the required paved width for access, egress and on -site . .. P ay.. circulation shall be 24 feet, As demonstrated on the site plan, the existing access has a minimum access width of 23 fe6t, which does not meet the niininaum access width required by code, The requirement of this code section can be satisfied by HEARINGS OFFICER CUP 94 -0001 - Mat - HUGHES CONS'T, PAGE 10 • providing the minimum access and pavement width, or by applying for and gaining approval of a variance to the standards of Chapter 18.108. Section 18.114.130(1 (Signs) allows the placement of wall, and freestanding signs on this site. No signs have been proposed as part of this development. Sign permits shall be obtained prior to the installation of any sign on this premises. Section 18.150 (Trees) which requires permits for the removal of trees is not applicable to this development because the applicant has indicated that no trees will be removed at this time. If in the future the applicant proposes to remove trees on this site, a tree removal permit shall be applied for and obtained prior to the removal of any such trees. Section :.18.184.3_ 0(MM (Minimum Rights-of-way and Street Widths) contains the regulations pertaining to street standards. Southwest Hampton Street is classified as a major collector street. The Engineering Department has determined that while no additional right of-way dedication is required for SW Hampton Street, additional right -of-way is required to be dedicated to the public along the frontage on SW 70th Avenue, which will provide for the standard half - street width of 25 feet. This dedication will increase the total right -of- -way on SW 70th Avenue to 55 feet. Southwest 70th Avenue is classified as a local street, but proposed as a minor collector street on the INKS /OTAK Triangle plan. Section 8.164 +070() requires sidewalks adjoining both sides of major collector streets.. The existing improvements along SW Hampton Strec have been completed in accordance with City standards in conformance with the requirements for a Major Collector. No additional street construction along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground. Existing utilities are placed underground, Section 18.164.090 requires sanitary sewer service. The site currently has 8 inch public sanitary sewer lines iacated in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. Section 11164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. HEART Nos OFFICER - GUP 94 -000 - ttAGEt: - tUGL:ES C0t15t. PAGE 11 B. 'll ro lian WI h �m.r h PI n P li ° This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: Citizen Input: The conditional use is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the East Citizen Involvement Team, and to owners of property within 250 feet of the site. The site has been posted with a sign which states that a development application is pending for this site. Water Quality: The proposal complies with Policy 4.2.1, because the Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on -site water quality facilities of fees in -lieu of their construction. Section 7.02 of the R & 0 states that: `The provisions of Chapter 7 shall apply to all activities which create new or additional impervious surfaces... ". Since the intended use will not create any new impervious surfaces this application is not required to install a on -site water quality facility or pay a fee in -lieu of construction. P lid oolitic, s Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements a a required. Furthermore, the site is currently developed, with a paved parking lot that drains toward SW l-ampton Street. The existing underground storm sewer system has sufficient capacity for the site. itreet Im• provernents The conditional use proposal complies with Policies 8.1.1 and 8.1.3 because the site abuts a major collector street that is fully developed an d provides for both adequate and safe access to the site. In addition, the developer has been required by the City's Engineering Department, to dedicate right -of -way to the public along the frontage on SW 70th Avenue which is classified as a local street. The developer is required to sign an agreement on for provided by the City, which waives the property owner's rightito oppose or remonstrate against a future Local Improvement District formed to improve SW 70th Avenue. The area as previously mentioned is substantially developed, and most street improvements HEARINGS OFFICER - CUP 94 -0001 HAGEL HUGHES CONs°T. PAGE 12 • such as additional future right -of -way dedications, placement of street signs or signals are already existing in this area. The extent of the impact of this development will be minimal to the area a whole. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings start recommends APPROVAL of Conditional Use Permit proposal CUP 94-0001 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO HIE ISSUANCE OF ,1C ,Uf'CY PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE M IC -IAE . ANDERSON IN THE ENGINEERING DEPARTMENT, 6394171. 1. c along the SW 70th shall be dedicated to the Public + . Additional right-of-way in centerline to Avenue frontage, for the standard half - street width of 25 feet from centerline, increase the total right -of -way to 55 feet. The legal description shall be tied to the existing right -of -way centerline as approved by the Engineering Department. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). . n 2. An agreement shall be executed b y the applicant, on forns provided by the City, which waives the pr P er tY owner's right to oppose or remonstrate against future e to Local Improvement District formed to improve SW 70th Avenue. STAF F CONTACT: John Hagman, Engineering Department (639. 4171). rii J PP 3, The applicant shall submit a revised site plan that indicates how parking and the required setbacks would be provided with the future irnprovement of SW 70th Avenue, STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171) l#EARINGS OFFICEtt - OUP 94 -0001 - Mat, - HUGHES CONST a PAGE 13 4. The applicant shall submit a revised site and landscaping plans that shows provision for the following: STAFF CONTACT: Victor Adonri, Planning Division (639- 4171). a. Provision of one (1) disabled person parking space, and one (1) bicycle parking rack space. b. Provision of a minimum access width of 30 feet, and a pavement width of 24 feet. c. Provision of one (1) pedestrian walkway which extend from the ground floor entrance to the street. d. Landscaping plan showing provision of two (2) additional street trees along the frontage on SW Hampton Street, and four (4) street trees along the frontage on SW 70th Avenue. In addition, applicant shall show evidence that the site has a minimum fifteen (15) percent landscape coverage. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. + Date 'Pry a.. :Viot or Adonri Assistant Planner Appro'vedt E :Dick DewerSd i Date Senior Planner HEARINGS OFFICER - CUP 94 -0001 - UAGEL - HUGHES CONST, PAGE 14 few:, ' "ON V d`o'W JL UU H)3 I JOSEPH HUGHES CONSTRUCTION 319 SW WASHINGTON #920 PORTLAND OR 97204 '44 CHARLES I1AGEL 23112 A BLAND WEST LINN OR 97068 tr, TIM ROTH 12540 SW 68TH TIGARD OR 97223 STEVE KOLBERG PO BOX 510 WILSONVILLE OR 97070 PHILIP E GRILLO, PC 319 SW WASHINGTON #920 PORTLAND OR 97204 • H 4. MEMORANDUM CITY Or TIGARD TO: Larry Epstein, Hearings Officer May ep 1994 FROM: Michael Anderson, Development Review Engineer SUBJECT: CUP 94 -0001; Application of Joseph Hughes Construction. REVISED CONDITIONS OF APPROVAL In reference to the subject application, the City Engineering and Planning Departments have reviewed the recommended conditions of approval and have determined that it would be satis.actory to require the re- dedication of the 20 foot strip to re-establish the right -of -way to the local street standard of 50 feet. Until the Tigard Triangle Plan has been approved by the City Council, and the applicant requests site development revicaw for re- development of the property, City staff will not request additional street dedication other than to comply with local street standards. Post -le Pax Note ,`671 From Toy =`'%. Co. /Dept. Co. ,fl 4 4 Phone 0 � 6T1-Ione # / 99 Fax # Azio v4,1;0. Fax # vav iA• RECEIVED MAY 0 2 1994 COMMUNITY DEVELOPMENT PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 TO: Larry Epstein, Hearings Officer FR: Phillip E. Grillo DT: May 2, 1994 RE: CUP 94 -0001 (Joseph Hughes Construction) Phone: (503) 224 -3609 Facsimile: (503) 228 -6032 Cellular: (503) 799 -4576 I am writing with reference to the validity of staff's recommended conditions of approval 1, 2 and 3. As you know, these conditions relate to the dedication and future improvement of 70th Avenue. At the hearing on April 25th, you left the written record open for seven days, allow g me to more fully respond to this issue, First, it is important to recognize that the applicant, Joseph Hughes Construction (JHC) , is roving into an existing building and will be using the exiting parking lot and access onto Hampton Street. No physical changes or expansions to the site are proposed. Furthermore, the proposed use will not increase the number of vehicle trips generated by or attracted to the site. In essence, we are simply substituting one type of professional office use for another. Staff recognizes the fact that no changes to the existing site are proposed or required. Therefore, the proposed conditions requiring dedication and future improvement of 70th Avenue are not reasonably related to the development proposed by JHC in this permit application. Unlike the situation in bo an y_. City of the proposed use does not involve any expansion of the building or parking area, and the type of office use proposed will not generate any additional vehicle trips as compared to the office use that previously existed on the site. In short, the proposed conditions do not serve a valid public purpose and are not reasonably related to t— proposed use, because the conditions are not aimed at mitigating any additional effects caused by the proposed use It should be pointed out that at the present time, enough right of way currently exists along 70th Avenue between Hampton Street and Gonzaga Street, to construct an alley. TMC 18.164.020 (E) indicates that commercial alleys require a minimum right of way of 20 feet and a minimum roadway width of 20 feet. The existing right of way located immediately east of the property owned by JHC is currently 30 feet in width. Converesly, TMC 18.164.020 (E) requires local streets to have a minimum right of way of 50 feet. Therefore,according to the code, 70th Avenue is an alley, not a local street. City Council's street vacation action in 1985 was predicated on its conclusion that the vacated R -O -W was not needed for the development of a future local street. The effect of the street vacation was to reduce 70th, between Hampton and Gonzaga, to an alley. If and when future redevelopment of this area occurs, the potential need for such development to have access to 70th Avenue can be determined. Hopefully, prior to that time the city will have made a legislative determination concerning the future of 70th Avenue. However, at the present time JHC is not proposing to take access from 70th Avenue and the city has no legal authority to require him to use 70th Avenue for access purposes. Second, the Hearings Officer mentioned during the hearing that since 1985 the situation may have changed, The implication of the Hearings Officer's comment was that perhaps something had occurred since 1985 that would now make it necessary for the applicant to return the property that was previously vacated by the city. We disagree with the implication that things have materially changed since 1985. The cit y has not identified any Change in the development code or comprehensive plan enacted since 1985 which could constitute a change in the relevant law applicable to this as The relevant portions of the development , code contained essentially the same text now, as it did �innt1985. While it is true , true that the Tigard Triangle Report suggests a new planning direction, it has not yet gone through Planning Commission and City Council review, and is therefore not part of the applicable law. Therefore, staff's requested . edca i � e is contrary t o the e prior decision by City Council which det ermined that this portion . g 70th ano necessary for public blic vehi--� c ula r or pedestrian access was should vacated, While th e plannin g and engineering staff may be rethinking assumptions made by City Council in its 1985 street vacation decision, unless or until the City Council itself amends its prior decision and /or enacts a specific p plan of code provision indicating that 70th Avenue should function as either a local or collector street, the applicant has the right to have his permit approved y' o the Standards and criteria that were set forth based the development u on . 2 ordinance at the time the application was deemed complete. See ORS 227.173. • On the date this application was deemed complete, the 70th Avenue R -O -W had been vacated in the area adjacent to A a result of this Council the property owned by JHC. s action, 70th Avenue, in this location, was 1985 longer a local street. City Council's decision in 1985 to vacate this portion of the R -O -W constituted a deliberate decision to abandon 70th Avenue as a local street in this location. As a result of this decision the city is obligated to take action on this quasi - judicial permit application in a manner that is consistent with the existing designation of 70th Avenue. At this time, 70th Avenue is not a local street, and is instead no more than an alley at this location. Third, since the applicable law has not changed since 1985, if the staff's argument for dedication is valid now, it would have also been valid in 1985. Therefore, if staff is correct in its assumption that it can require dedication now, staff could also have required the dedication in 1985, If staff's current analysis of this issue is correct, an absurd result would have occurred in 1985. Consider the following hypothetical.. Suppose that it is 1985, and that 'y Cit Council has vacated this portion of 70th Avenue. One month later, the owner of Tax Lot 1100 applies to the city for a development permit to redevelop the site. Then, as a condition of approval, staff recommends to the decision maker that the applicant return Tax Lot 2000 to having This would have been an city, for the purposes of hav n70th Avenue function as local street sometime in the future. absurd result in 1985, and it would be just as absurd now in 1994. The only thing that has changed from this hypothetical situation and the situation presented in this case is that the conditions requested by staff in the present case are being proposed nine years after the street vacation. occurred. I p street vacation Despite the time that has elapsed since law or .i with in 1985, there has been no change In its resent state regard to this portion of 70th Avenue. P , 70th Avenue does not and cannot function as a local street because the city vacated the R -O -W on 'HC's side of the street, in order to facilitate future development of the site, which now owned by JIIC. Although staff's current thinking is that 70th should be widened so that it can function as either a local or collector street, staff's Current thinking is directly contrary to the deliberate action of council in 1985. JHC Y `. and on ' the action of Council in 1985 ` and i has relied relied on t `' i i be classified as an the existing development Code and Comprehensive plan which indicates that at most, 70th Avenue can alley. Furthermore, since his proposed use of the site does not generate any additional traffic and since its layout does not require access to 70th, there is no reasonable relationship between the applicant's use of the site and the proposed conditions of approval concerning 70th Avenue. The applicant therefore respectfully requests that the Hearings Officer not impose conditions of approval 1, 2 and 3, as proposed by staff. Any dedication along 70th Avenue is unlawfull, relative to the use of the site proposed by JHC. Unlike the situation in j2.g,, the dedication in fee of Tax Lot 2000, as proposed by staff, precludes all private economic use of Tax Lot 2000. While it is true that, because of its size, Tax Lot 2000 could not be developed by itself, its is an undisputed fact that Tax Lot 2000 has a significant economic value in relation to Tax Lot 1100. City Council recognized the value of this additional area in 1985 when it granted, the street vacation. The applicant's Exhibit 5 reflects this discussion. The record indicates that the deliberate purpose of the street vacation was to create a larger developable area for the owner of Tax Lot 1100, in order to accommodate parking and landscaping needs of the parent parcel was precisely ith understanding that JHC purchased t he property i 1993. herefor eLhe property as a whole will have significantly less value if Tax Lot 2000 is eliminated: Finally, it is important to reiterate that the city will have subsequent and more appropriate opportunities to request future street dedications from this site, if and when it redevelops, The existing house on site is simply a transitional structure: Eventually, the house will be removed and an office building will replace it Staff is apparently concerned that if the dedication is not obtained now, that it will somehow compromise the city's ability to obtain additi will not be encroached upon by new development as a result of this permit approval. Third, the Tigard Triangle Study will soon be reviewed by that study, staff cant resolve the future s of 70th Avenue result will then be in a position to require appropriate dedications along 70th, as required by the adopted plan: One of the major differences between this case and the pollau case is that in Pollan, the city had a Master Plan for Fanno Creek that called for pathways along the creek. In this case, the city has no such plan showing 70th Avenue as either a collector or a local street. The city does not have unlimited discretion to require the dedication of local streets. In this case, the Hearings Officer should not grant staff's request to rededicate 70th Avenue, particularly because the applicant will not use 70th for access to the proposed use It may be that future commercial uses of this site might benefit from 70th Avenue as either a local or collector street. It may also be true that future development of this site and the surrounding area would be best served by only an alley in this location. It may also be true that future development of this site will best be served by the elimination of 70th Avenue altogether. However, at this time, these scenarios are pure speculation. Until these issues are resolved either through the Tigard Triangle Study, or through case -by -case decisions where the proposed development involves the use of or elimination of 70th, such decisions cannot be effectively made. It would be a waste of public and private resources to require JHC to rededicate R-O -W that was vacated by the city, only to have this rededication possibly vacated again as a result of the adoption of Tigard Triangle plan, The Hearings Officer should not allow the city staff to adopt an ad hoc policy requi. ing the rededication of 70th Avenue, when this exact area was deliberately vacated by City Council in 1985. At the present time, 70th Avenue, between Hampton and Gonzaga functions as an alley, and no further dedication in required under the code. If Council decides that 70th Avenue in this location should function as either a local street or as a collector, then future development proposals that use 70th can be conditioned accordingly. In the mean time, it is unlawful], for the city staff to recommend a set of conditions that are contrary to the existing law and contrary to previous action of the City Council, especially when the applicant has relied upon the existing law and prior Council action. Your carefull attention to this matter will be greatly appreciated: 5 AGENDA ITEM 2,1. BEFORE TIME LAND USE HEARINGS OFFICER FOR THE CITY OF TiGARD►, OREGON Regarding an application by the Joseph Hughes Construction, Inc. to allow a change of use fhom an existing Professional office building to a Construction Contractor's Professional Office. STAFF REPORT CUP 944001 I. SUMMARY Y OF THE REQUEST Conditional Use Permit CUP 94-0001 The applicant requests Conditional Use approval to allow a change in use from an existing Professional office building to a Construction Contractor's Professional Office. APPLICANT: Joseph Hughes Comtruction, Inc, OWNER: Charles Hagel 319 SAW Washington, #920 23112 S.Blano West Linn, OR 97068 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Professional Commercial ZONING DESIGNATION: C -P (Professional Commercial) LOCATION: 7035 SW Hampton Street (WC`FM 251 1AC, Tax Lot 1100) APPLICABLE LA': Community Development Code Chapters 18,64.040, 18.100.030, 18.100.035, 18.102.020, 18.106.030, 18.108.050, 18.108.080, 18.114.130(LD)(1), 18.130.040, 18.150.020(E), 18.150.030(A), 18,164.030(A)(E), 18.164.070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2,1, 7.1.2, 73.1, 7.4.4, 8.1.1, and 8.1.3. STAB RECOMMENDATION: Approval subject to conditions. HFARINGS OFFICER C3JP 94-0001 = HAGEL - HI1GHES COST, PAGE IL II. FINDINGS ABOUT SITE AND SURROUNDINGS ..ufa in: A Zone Ordinance Amendment (ZOA 93- 0006) was approved in 1993 to add Construction Contractor's Professional Office as a Conditional Use in the C-P zoning district. Furthermore, a Site Development Review (SDR 1+78) was approved for this site in 1978 to allow construction of a commercial office building. No other land use application have been submitted to the City for this site. B. shape The subject parcel contains approximately 0.47 acres. The site is rectangular in shape and is relatively flat. C. She Locj The site is located at 7035 SW Hampton Street, in the southern portion of the Tigard Triangle, east of 72nd Avenue, north of Highway 217 and west of Interstate #5. D. i ` ` j a and struct rte: The subject parcel is developed with an existing commercial office building. This existing building will be retained by the applicant. The site is properly landscaped with ornamental trees, shrubs, grass, and a variety of flowering plant which are located all around the site. rrq dn� lend uses: Properties to the north, south, east and west are zoned COP (Professional Commercial) and are all substantially developed. :: IA HUGHES CON 'AGE 2 H iLIA1GS� 0���[ CUP 94 -0001 G L Cl ,.,,- ,� ST. III. APPLICABLE APPROVAL STANDARDS A. C.QMIDIMW2agi2PifianISCHLZ 1. Chapter 18.64.040 lists Construction Contractor's Professional Office as a Conditional Use in the C-P zone. 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to F "ligate possible adverse effects from the use on surrounding properties and uses. 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. The use will comply with the applicable policies of the Comprehensive Plan. 3, Chapter 18.64.050(A)(6) specifies that the minimum landscaping requirement shall be 15 percent, HEARINGS OFFICER - CUP 94 -mol WEL EuGus CONST. PAGE 3 4. Section 18.100.030 requires that all developments fronting on a public street or private driveway more than 100 feet in length shall be required to plant street trees in accordance with Section 18.100.035 (Location of Street Trees). The minimum required spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. 5. Section 18.102.020 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of- ways. 6. Section 18.106.030(B)(9) (Parking) requires that one parking space be provided for each 350 square feet of gross floor space. This code also permits up to 25% of the parking spaces to be compact parking stalls. 7. Section 18.106.020(P) (Bicycle parking requirements) states that one bicycle parking space is required for each 15 automobile parking spaces. 8. Section 18.108.050 requires that a pedestrian walkway extend from the ground floor entrances to the streets which provides the required pedestrian access and egress. 9. Section 18.108.080 (Access and Circulation - Minimum Requirements) states that if less that 100 parking spaces are required, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width. 10. The Alm leans with Disabilities Act (.ADAM). Became effective on January 26, 1992. It requires one disabled person parking space if me (1) to twenty -five (25) parking spaces are provided. 11. Chapter 18.114.130 D 1 a b states that one freestanding sign up to 32 square feet per face may by permitted in the C P zone. Wall signs are limited to five (5) percent of the size of the wall which the sign is to be mounted on. Sign permits must be obtained prior to the installation of any sign on the premises. HEARINGS OFFICER = GUS' 94 -0001 - HAGEL - HUGHES S COST: "AGE 4 4 12. Chapter 18.150.020(E) requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the Lipplicant, if any, will replace the aesthetic value of trees to be cut. 13. Chapter 18.164 contains standards for streets and utilities. a. Section 18,164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(0 requires a major collector street to have a minimum 60-80 foot right-of-way, a 44 feet minimum roadway width, and 2.4 moving lanes. c. Section 18.164.070(A) requires sidewalks adjoining both sides of a major collector streets, HEARINGS OFFICER - CUP 94-000l - llctt - HUGHES CONST, MC 5 d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. E,.ter Quality: Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. 'rblc iltilities Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. . treat. p y ments Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. si reet f roy mils. Policy 8.1.3 states that the City will require the following as a precondition of approval: a. Development abut a dedicated street or have other adequate access; b. Street right -of -way shall be dedicate.. where the street is substandard in width; c. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development, ent, The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; HEARINGS OFFICER K CUP 94-0001 I#AGEL IUGIIES CONST, PAGE 6 e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. 1V. OTHER, STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: The site is located within the Tigard Triangle Specific Area Plan that was recently completed (Jan. 1994) for the City by OTAK Inc. ` DKS Associates. In addition ` g necessity Hampton (as shown to confirming the necessl of SW Street as a Collector on the City Comprehensive Plan), the plan recommends that SW 70th Avenue be included within the proposed street system for the area as a Minor Collector. This is a change from the current tin- improved status and previous assumptions, and could affect the site with the future development of SW 70th Avenue. The parking layout and access to the site should be revised to provide for this future change. The existing improvements along SW Hampton Street have been completed in accordance with City standards in conformance with the requirements for a Major Collector. No additional street construction along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground. With respect to S W70th Avenue, the applicant should dedicate the right-of-way f or a typical City . -ical Ci street, 25 feet from centerline, and be required to Sign an agreement of non - remonstrance to the formation of a future LID for the development p of the street im rovernents. This dedication would combine with the existing dedication of 30 feet made by the adjoining subdivision to make the street 55 feet wide. HEARINGS OFFICER - CUP 94 --0001 - MGM HUGHES CONGT PAGE 7 • The site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. The site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolvtion and Order No. 91-47) Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Section 7.02 of the R & 0 states that: "The provisions of Chapter 7 shall apply to all activities which create new or additional impervious surfaces...". Since the intended use will not create any new impervious surfaces this application is not required to install a on-site water quality facility or pay a fee in-lieu of construction. However, should a re-design of the parking lot and access to the site require additional paving, the requirement of the fee in-lieu may apply. 5. The city of Tigard Operations Department, and City of Tigard Building Division have reviewed this proposal and have offered no comments. V. CIT & AGENCY COMMENTS 1. The facilitator for the East Citizen Involvement Team was notified of the proposed subdivision. The Involvement Team has not provided any comments or objections to this development. In addition, applicant conducted a neighborhood meeting. 2. The Tualatin Valley Fire & Rescue District, Tualatin Valley Water District have reviewed the proposal and have offered no comments or objection! 3. No other comments was received by the Planning HEARINGS OVFICER - CUP 94-0001 It GEL - HUGHES CONST, PAGE 8 A. V. EVALUATION OF REQUEST L mpliance ►ilh Comumunily ey_ D el naent CQS1 . Section 1$,.x,30.040: The proposed use requires a Conditional Use approval. This proposal complies with the conditional use standard of the C -P zoning district, and the standards of Chapter 18.130 (Conditional Use). The site provides adequate area for the proposed new use of the existing office building. There are no apparent physical obstacles to this use on the site. Adequate public utilities are available to serve this use as addressed further in this report. Setbacks,- lot coverage, and building height requirements of the C -P zone, and the applicable Comprehensive Plan Policies are satisfied by this proposal. Sections 2.100.0 and 11 (Street Trees) is partially satisfied as demonstrated on the preliminary site plan. The minimum required spacing. for street trees is 20 feet with a maxinran spacing of 40 feet. The applicant proposes to retain the one (1) street tree along the site's frontage on SW Hampton Street. The street frontage of this site is approximately 110 feet. This distance requires the provision of a minimum of three (3) street trees. The property also abuts SW 70th Avenue by a distance of 151 feet. Thi of -way and the driveway and then connecting these two 30 foot distance points with a straight line. Placement of any future possible obstructions including street trees and freestanding sign shall amply with this standard. Proposed placement of sign and street trees shall be reviewed by the Planning Division for compliance with the requirements of Sections 18.102 (Vision Clearance) and 18.114 (Signs) Section 18.106.030(B)(91 (Parking) requires one (1) parking space for each 350 square feet of gross moor area. The existing structure is approximately 2,230 square feet. The site plan and the applicant statement indicates that eight (8) parking spaces will be provided A. total of eight (8) parking spaces are required for this development. Therefore, this code requirement has been satisfied. The Americans with Disabilities Act (ADA). Became effecve on January 26, 1992. It requires one disabled person parking space if one (1) to twenty -five (25) parking s aces are provided. Approximately one (1 ) disabled person parking space is required for this development. The proposed site plan does not show provision such disab led person parking s p ace . revised plan shall be 1 Submitted to the Planning Division showing the provision of one (1) disabled person parking space. Itsaimiluomoco, Bicycle parking i ..quirements states that one bicycle par king space is required for each 15 automobile parking spaces. Therefore, one (1) bicycle parking space is required. The applicant has inai'' • `cd that one (1) bicycle cle parking space will be provided on site. Therefore, a revised site plan shall be submitted showing provision of one (1) bicycle parking space. Section 13.108.050 requires that a pedestrian walkway extend from the ground . . ir egress. floor entrances to the streets which provide the required }d ess and a ess. T e site plan does not propose such a pedestrian walkway. Therefore, this code requirement has not been satisfied. A condition requiring this walkway is warranted. Section 18,108,080 (Access and Circulation - Minim Requirements) Re uirements) stat} s that �. if less that 100 parking spaces aces are required, the minimum access width shall be 30 pavement width required. uired. Since this site has eight p g P f av feet with curbs and 24 feet of p q e ` d paved Width for access, egress . ' on-site .... (�) existing parking spaces, the require p y ...., parking SS and .. circulation shall be 24 feet As demonstrated on the site plan, the existing access has a minimum access width of 23 feet, which does not i ieet the _...mininaunm access width required by code, The requiren'ient of this code section can be satisfied by NEARI IGS oFFIt ER - CUP 94 -000l - AGEL HUGHES coNST SAGE 10 µor! c�: �: e�•:� !fir "�; "t. , ,.. �'e :y ':... providing the minimum access and pavement width, or by applying for and gaining approval of a variance to the standards of Chapter 18.108. Section 18.114.102)(fl (Signs) allows the placement of wall, and freestanding signs on this she. No signs have been proposed as part of this development. Sign permits shall be obtained prior to the installation of any sign on this premises. Section 18.150 (Trees) which requires permits for the removal of trees is not applicable to this development because the applicant has indicated that no trees will be removed at this time. If in the future the applicant proposes to remove trees on this site, a tree removal permit shall be applied for and obtained prior to the removal of any such trees. Section .18.164,030(x) (Minimum Rights -of -way and Street Widths) contains the regulations pertaining to street standards. Southwest Hampton Street is classified as a major collector street. The Engineering Department has determined that while no additional right -of -way dedication is required for SW Hampton Street, additional right -of -way is required to be dedicated to the public along the frontage on SW 70th Avenue, which will provide for the standard half-street width of 25 feet. This dedication will increase the total right -of -way on SW 70th Avenue to 55 feet. Southwest 70th Avenue is classified as a local street, but proposed as a minor collector street on the DKS /OTAK Triangle plan. Seclion.jaM(!, requires sidewalks adjoining both sides of major collector streets. The existing improvements along SW Hampton Street have been completed in accordance with City standards in conformance with the requirements for a Major Collector. No additional street construction along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground. Existing utilities are placed underground. Section .18.164.090 requires sanitary sewer service. The site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. Section if U(A,..111Q requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient eapaci.ty for the site. MAKINGS (MUM - COP 94-0001 = tAGEh - HOGIE3E$ CONSr, PAGE it B. Compliance wi _on ..17. t, li • This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: ei m i nput The conditional use is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the East Citizen Involvement Team, and to owners of property within 250 feet of the site. The site has been posted with a sign which states that a development application is pending for this site. Water Ouali e The proposal complies with Policy 4.2.1, because the Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.02 of the R & 0 states that: 'The provisions of Chapter 7 shall apply to all activities which create new or additional impervious surfaces... ". Since the intended use will not create any new impervious surfaces this application is not required to install a on -site water quality facility or pay a fee in -lieu of construction. P lie. Util`ti s Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. Furthermore, the site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. Street Improvements: The conditional use proposal complies with Policies 8.1.1 and 8:1.3 because the site abuts a major collector ` i hector street that is folly developed and provides for both adequate and safe access to the site. In addition, the developer has been required by the City's Engineering Department, to dedicate right -of -way to the public along the frontage on SW 70th Avenue which is classed as a local street: The developer is required to sign an agreement on for provided by the City, which waives the property owners right to oppose or remonstrate against a future Local Improvement District f ormed to improve move Sw 70th Avenue. The area as previously mentioned is substantially developed, and most street improvements HE It GS oFPICE CUP 94 -0001 - HAGEL - HUGHES cONs t. PAGE 12 such as additional future right-of-way dedications, placement of street signs or signals are already existing in this area. The extent of the impact of this development will be minimal to the area as a whole. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for this existing site will promote the general welfare of the City and will not be significantly detrimental nor hitjurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings staff recommends APPROVAL of Conditional Use Permit proposal CUP 94.0001 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED AMU PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF,QCCUPANCY PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICEIAELANDERSati IN THE ENGINEERING DEPARTMENT, 639 - 4171. 1 Additional right -of -way shall be dedicated to the Public along the SW 70th Avenue frontage, for or the standard half-street width of 25 feet from centerline, to increase the total right -of -way to 55 feet. The legal description shall be tied to the existing right -of -way centerline as approved by the Engineering Department. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). An agreement shall be executed by the applicant, on forms provided by the City, which waives the property miler's right to oppose or remonstrate against a future Local Improvement District formed to improve SW 70th Avenue. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171). 3. The applicant shall submit a revised site plan that indicates how parking and the required setbacks would be provided with the future improvement of SW 70th Avenue. STAFF CONTACT: Michael Anderson, Engineering Department (639,- 9- 4171) to fl GS °FFIOI - cur 94 -0001 - WEL - HUGHES COST, ;PAGE 13 4. The applicant shall submit a revised site and landscaping plans that shows provision for the following: STAFF CONTACT: Victor Adonri, Naming Division (639 4171). a. Provision of one (1) disabled person parking space, and one (1) bicycle parking rack space. b. Provision of a minimum access width of 30 feet, and a pavement width of 24 feet. c. Provision of one (1) pedestrian walkway which extend from the ground floor entrance to the street, d. Landscaping plan showing provision of two (2) additional street trees along the frontage on SW Hampton Street, and four (4) street trees along the frontage on SW 70th Avenue. In addition, applicant shall show evidence that the site has a minimum fifteen (15) percent landscape coverage. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared n :Victor Adonri Date AsssiEtant Planner Approved B :Dias Det®rad • . • Date Senior Planner HEARINGS OFFICER CUP 94 - 0001 • HAGE L HUGHES CONST PAGE 1$ k • FlIANKLIN VELAND GONZAGA CASE NOE. 01 . 4 - MEMORANDUM TO: FROM: DATE: RE: „ Larry Epstein, Hearings Officer Phillip E. Grillo April 25, 1994 Joseph Hughes Construction 211111Q121aLEDI • PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, Olt 97204 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 (CUP 94-0001) This memorandum is submitted in support of the applicant's objections to Condition #1, 2 and 3 contained within the staff report and recommendation in CUP 94-0001. Condition 1 requires the applicant to dedicate right-of-way for S.W. 70th Avenue. Condition 2 requires the applicant to waive his right to remonstrate against any future local improvement district formed to improve S.W. 70th Avenue. Condition #3 requires the applicant Lo submit a revised site plan indicating how parking and setbacks would be provided to accommodate the future improvement of S.W. 70th. The dedication requested by staff along S,W.70th Avenue presents serious practical and legal problems. Vrom a practical standpoint, the applicant is being asked to give back to the City a strip of land that the City gave to the applicant's predecessor through a street vacation in 1985, The street vacation was approved by City Council in order for the applicant's predecessor to have a larger site to accommodate parking, circulation and landscaping for future development of the site Joseph Hughes Construction purchased the site in 1993 in reliance on his ability to use the entire site frontage along 70th Street for future expansion of the existing structure, Pa4e Mernsrandutr, t ty Eg)t.t.in Jcseph Hughe8 r.don8truction CUP 4 -• -.s l: K t • II s - - y Usi LEG BI STPJ .p r y t _ - fa g � . � t y - _ C �� L � �a ass.. r _y - The City made a policy decision in 1985 when it vacated portions of the S.W. 7fth Avenue right-of-way that encouraged and enabled the property now owned by Joseph Hughes Construction to be redeveloped using the additional land area created by the street vacation. Therefore, as a practical matter the request by staff to take back the right-of-way that was previously vacated defeats tne applicant's development plans for the site, and is contrary to the previous policy decision made by the City Council in 1985. As a legal matter, there are five reasons why city staff cannot require the applicant to dedicate frontage along 70th Street as a condition of approval for this development application: 1, The conditional use proposed on Tax Lot 1100 does not abut S.W. 70th Street and would not benefit from the dedication, Tax Lot 2000, which is also owned by the applicant, but does not contain any of the proposed conditional use activity, separates the site (Tax Lot 1100) from S.W. 70th Avenue, 2, The City has made a previous legislative decision to vacate portions of 70th Street. City staff does not have the authority to request a dedication that is contrary to this prior legislative action. 3. Staff's reliance on the OTAK study report is misplaced, The OTAK report is merely a draft and has not been adopted by the City as an amendment to its Comprehensive Plan. 4, The City's current Comprehensive Transportation Plan Map does not show 70th Street as a Collector Street or as a through street of'any kind. Policy 8.1.6 of the City's Comprehensive Plan indicates that all changes in road classifications or location require an amendment to the Comprehensive Transportation Plan Map, 5, Sven if the City had authority under its existing plan and code to require dedication and improvement of this street as a Minor Collector, such an exaction would violate both the Oregon and federal constitutions, because it would constitute a complete taking of Tax Lot 2000. Requiring dedication of the entire fee ownership of Tax Lot 2000 leaves no economic value whatsoever in TaX Lot 2000, Page 2 Memorandum to Larry Epstein Joseph Hughes Construction CUP RELEVANT LOCAL LA The following sections of the City's Development Code and Comprehensive Plan are relevant to the proposed dedication: 1. (Improvements) 18.164.030(A)(1)(a) and (b) 2. (Street Location) 18.164.030(D)(1) 3. (Existing Right-of--Way) 18.164.030(I) 4, (Blocks) 18.164,040(A)(1) 5. (Lots) 18.164.060(A) (d) 6. Comprehensive Plan Policy 8.1.6 Each of these sections have been copied and made an exhibit to this memorandum. Section 18.164.030(A)(1) rtquires streets with ija a development and streets Alig.S211111 to a development to be dedicated and improved in accordance with the development code. It should be noted as a factural matter that the site in this case only encompasses Tax Lot 1100, because at the present time no portion of the Conditional Use will occur on Tax Lot 2000. Therefore, the City cannot require that Tax Lot 2000 be dedicated for the widening of S.W. 70th Street because the use is not kathin or adiguent to Tax Lot 1100, Tax Lot 1100 is separated from 70th Street by Tax Lot 2000. Section 18.164.030(D)(1) requires that all streets conform to an approved street plan and that such plans be appropriate in relation to the proposed use of the land to be served by such streets. In this case, S,W 70th AVenue does not now nor will it in the future serve tie proposed conditional use proposed in this application. In fact, the City's previous policy decision made during the 1985 street vacation in this area expressly found that it was appropriate to vacate the street in order to facilitate the proposed redevelopment of the site. Wow that the proposed redevelopment of the site is occurring, the requested dedication would conflict With Section 18.164.030(D) (1) of the development code and with the prior legislative policy decision because the condition would require the rededication of street frontage that was previously vacated. Section 18.164.030(1) requires that whenever existing rights-of-way add=1-nt to or lotithin a track are of less than FC:4VC: Mar=randum to Larry gpstcin ,oseph Hughes construction CU • .%. 4 ., �h y r �•d.. yM1 r to standard width, additional rights-of-way shall be provided at the time of the subdivision or the developments As rioted previously, the proposed right -of -way dedication is neither i i ,. i i , 1 ii 70th ' n the adjacent to nor within the track of land involved i conditional use permit application. Also, since 70 Street in this location has been previously vacated by action of City Council, the City has previously made a policy decision that this portion of 70th Street will not be used as a street. 18.164.040(A)(1) concerns block design. Sub- section 1 provides that the length, width and shape of blocks must be designed with due regard for providing adequate building sites for the uses contemplated, considering the need for convenient access, circulation and safety of street traffic. Aso noted previously, City Council in 1985 made a policy decision declaring that on this particular site, it was appropriate to vacate 5.W. 70th Street in order to provide an adequate building site for the use contemplated on Lot 1100. The expanded use of the site is consistent with the current transportation plan, the comprehensive plan map, and the zoning ordinance, and is also consistent with the City's p goals concerning the redevelopment of the Tigard Triangle. The draft report prepared by OTAK has not received full public input, and has not yet been reviewed by city Council. The applicant objects to the changes to S.W. 70th Avenue proposed by the OTAK study and believes that as matter of law, the City cannot rely on the OTAK study unless and until it is adopted by City Council and until that document is made part of the City's Comprehensive Plan. size and shape of lots. Subsection (d) p �- 18 +164.060 CA) x�o) concerns the provides that the depth and width of properties zoned for commercial and industri • • Triangle Specific Area Plan prepared by OTAK, unless and until that document and any amendments to it have been adopted by the City Council and made part of the City's Comprehensive Transportation Plan Map. At this time, the City's Comprehensive Transportation Plan Map does not show S.W. 70th Street as either a collector or as a local street. Therefore at this time the City has no authority to require any dedication by the applicant. =ZS= For the reasons set out above, the recommended conditions of approval 1,2 and 3 must be eliminated. At this time, the City's Comprehensive Plan Map does not show 70th Street as either as collector or a local street. The City may, choose in the future to make 70th Street a collector, but at this time the City has vacated 70th Street, and in doing so has legislatively determined that 70th Street is not a part of the City's currently existing transportation plan. It should be noted that even without any additional dedication, there is an existing 30 -feet of right -of -way on 70th Street that could be used to construct a local street, if in fact the City chooses to do so now or in the future, The transportation issues raised in the OTAK study regarding the Tigard Triangle have yet to b settl . While we appreciate the staff's good intentions regard to possible future planning efforts by the City, the Tigard Triangle Specific Area Plan prepared by MAX has not yet been adopted by the City ,development and fCane used as a basis for conditioning this The a pp iCant has the right to rely on the rules that existed at the time this application was initially submitted. Therefore, we respectfully request that Conditions 1,2 and 3 in the staff repot be deleted. EXITBIT LIZ' 1, Tax Assessor's Map 2s Comprehensive Plan Transportation Map 3. Relevant code Provisions 4. Relevant Comprehensive Plan Policies 5, History of Street Vacation 5, Street Vacation Ordinance for 70th Street Page 5 Memorandum to Larry Epstein .cseph Hughes Construction CUP 4 Tigard Triangle Specific Area Plan - OTAX (Draft, Jan. 1994) Page 6 Memoraftdum to Larry Epstein Joseph Hughes construotioh CUP FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE . 600 Q a: Ia O3'2 15 CZ 1100 SW' _ GONZAGA STREET 11304 J10.00 700 800 1 I 13 14 2 1 to i N diK 701 i tt t -in 145421 11St35 °- 10241 01 ID. 05 s111 011.0 0 1400 .: l'. I pa __. �t dtt - 0a Nw t at t 20 1 t 1 1' 0 110.0@ S esrOS'w !`2S.CO �i�,.; l r%LF: ✓ '�,c pct :� . 6 • < fii i.:Y' [Page Too Large for OCR Processing] ./64.030 Streets A. Improvements: 1. No development shall occur unless the development has frontage or approved access to a public street: a. Streets within a development and streets adjacent shall be improved in accordance with this title; b. Any new street cv additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this code; and c. The Director may accept a future telpeovement guarantee in lieu of street improvements if one or more of the following conditions exist: (i) A partial improvement is not feasible due to the inability to achieve property design standards; (ii) A partial improvement may create a potential safety hazard to motorists or pedestrians; (iii) Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the Improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; (iv) The Improvement would be in conflict With an adopted capital Improvement plan; (v) The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new' streets; or (vi) Additional planning work is required to define the appropriate design standards for the street and the application is for a proje(.t which would nontribute only a minor portion of the anticipated future traffic on the street. B. Creation of Rights-of-way for streets and Related PUrposes: 1, Rights-of-way shall )e created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the CoUncii for the purpose of general traffic circUlation: Revised 02/27/89 Page 411 a. The eincil may approve the creati of a street by deed of dedication without full compliance with the me regulations applicable to subdivisions or 3 partitions if any one or more of the following conditions are found by 'the Council to be present: (i) Establishment of a street is Council and is found to be purpose of general traffic partitioning of subdivision incidental effect rather than objective in establishing the public use; and initiated by the essential for the circulation, and of land has ah being the primary road or street for (ii) The tract in Which the road or street is to be dedicated is an isolated ownership of one acre the •. • ` i . i s. fed by1' less and such dedication based recommended that Commission to the Council the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions; b. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval: l submit such additional information and justification i) The applicant � she if ication as may be necessary • to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; (ii) The recommendation, if any, shall finding, that the proposal is not the purpose of this title; (iii) i i�,�) The Commission in submitting the recommendation to the Council may which are necessary to preserve this title; and (iv) All deeds of dedicati,in shall be in a form by name "the City of the City and shall ra Tigard, Oregon" on`" or "the public," whichever the City T g g may require, as grantee. be based upon a in conflict with proposal with a attach conditions the standards of C. Creation of Access Easements: &evised 02/27 /80 pale 412 t. 1. The appr I authority may approve n access easement establishe by deed without full comp "nce with this title provided such an easement is the only reasonable method by which a lot large enough to develop can develop: a. Access easements which exceed 150 feet shall be improved in accordance with the Uniform Fire Code Section 10.207; h. Access shall be in accordance with Sections 18.108.070 and 16.108.080. D. Street Location, Width and Grade: 1. The location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: a. Street grades shall be approved by the public works Director in accordance with Subsection M below; and b. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: (i) Provide for the continuation or appropriate projection of existing streets in the surrounding areas,, or (ii) Conform to a plan adopted by the Council, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. g. minimum Rights-of-Way and Street Width: 1. Unless otherwise indicated on an approved straet plan, the street right-of-way and roadway widths shall not be less than the minimum ascribed below (see Comprehensive Plan: Transportation), Where a range is indicated, the width shall be determined by the City. a In Developing Areas: Revised 02/27/80 Page 413 Type of Street Arterial Major Collector Minor Collector Local Street Local Streets (planned developments only with equal off-street parking) Cul -de -sac dead -end streets, (not more than 400' long) Turn- arounds for dead -end streets Alley: Residential, Business or Industrial Minimum Right-of-way Width (feet) 60 -90 60-80 60 50 50 50 Mi 'rum Ro ay Wid h (feet) 12' /lane 44' 40' 34' 26' 34' 50' radius 42' radius 20 20' 20 20' Moving Lanes 2 -4 2-4 2-3 2 2 b. In established areas improvements to streets shall be made according to adopted City standards, unless the approval authority determines that the public benefit in a particular case does not warrant imposing an expected severe, adverse impact on the existing development. Any required variances to the standards shall be in the following priority order: (I) Marrow or eliminate (ii) farrow or eliminate (iii) Narrow or eliminate (iv) Eliminate left turn landscape strips; an- street parking; sidewalks and /or bike trails; lanes; and (v) yarrow travel lanes. F. Future Extensions of Streets and Reserve Strips: Were necessary to giro access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and: a. A reserve strip across the end of a dedicated street shall be deeded to this City; and b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost.' Revised 02/21/89 Pa 414 ,r • .r G. Street Alignmen 410 1. As far as practical, streets shell be dedicated and constructed in alignment with existing streets by continuing the centerlines thereof. In no case shall the staggering of streets making "T" intersections at collectors and arterials be designed such that jogs of less than 300 feet on such streets are created, as measured from the centerline of such street. H. Intersection Angles: 1. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 60* unless there is special intersection design, and: a. Streets shall have at least 25 feet of tangent adjacent to the right -of -way intersection unless topography requires a lessor distance; b. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way -way lines of the acute angle; and Right -of -way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. I. Existing Rights-of-Way: 1. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights -of -way shall be provided at the time of subdivision or development. J Partial Street Improvements: . be 1. i in a pavement width of Partial street improvements resulting to reasonable development less than 24 essential le generally no acceptable, lopment �n+�n in ed where approved conformity with the other requirements o€ these regulations, and when will .. 'q �. improvement of require the �xpr ti h hen the adjoining property developed. the other half when j K. Culs -de -sac: 1. A cul-de-sac shall be as short as possible and shall in no event be more than 400 feet long: a. All ct is -de --sac shall terminate with a circular turnaround; and Revised 02/27/89 Page 415 b. The illpsth of the cul-de-sac l-de- sac deal .:..• a measured along the cent .tine of the roadway from ` e near side of the intersecting street to the farthest point of the cud. --de -.sac. 1. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area. H. Grades and Curves: 1. Grades shall not exceed ten percent on arterials, 12 percent on.collector streets, or 12 percent on any other street, and: a. Centerline radii of curves shall not be less than 700 feet on arterials, 500 feet on major collectors, 350 feet on minor collectors, or 100 feet on other streets; and b. Streets intersecting with a minor collector or greater' functional classif cation street, or streets intended to be posted with a stop sign cr signalization, shall provide a landing averaging five percent or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement. ent. N. Curbs, Curb Oats, Ramps, and Driveway Approaches: 1. Concrete vertical curbs, curb cuts, wheelchair, bicycle ramps and d ''i reway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080$ and: a. Concrete curbs and driveway approaches are required; except b. Where no sidewalk is planned, an asphalt approach ray be constructed with city Engineer approval; and c. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. 0. Streets Ad j scent to Railroad Eight-of-Way. 1. Wherever the proposed development contains or is adjacent to a railroad right -of- -way, provision shall be made for a street approximately parallel to and on each side of such right -of - -way at a distance Suitable for the appropriate use If the e Land, and kevISed 021271$9 g Pa; a 416 a. The -'etance shall be determined .:th due consideration at . uss streets or the mini istance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. P. Access to ArteriaLs: 1. Where a development abuts or is traversed by an existing or proposed arterial street, the development design shall provide adequate protection for residential properties and shall separate resident/el access and through traffic, or if separation is not feasible, the design shall minimize the traffic eonflicts. The design requirements shall include any of the Collowing: a, A parallel access street along the arterial; b. Lots of suitable depth abutting the arterial to provide adequate buffering with frontage along another street; t. Somme plettin6 at the rear or aide property line to be conteined in a nonaccess reservation along the arterial; or d. Other treatment suitable to meet the objectives of this subsection. Alleyg, Public or Private: 1. Alleys, 20 feet in Width, shall be provided in commercial and industrial districts, unless other permanent provisions for access to off-street parking and loading facilities are wade as approved by the OammisSion, and: a. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intereections shall have a radius of not less than 12 feet. Et, Survey Monuments: 1, Upon completion of a street improvement and or to acceptance by the City, it shall be the responsibility of the developer's registered profesSional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. ReVised 02/27/89 Page 41/ S. Private Streets: 1. Private streets are permitted within planned developments and mobile home parks, and: a. Design standards for private streets shall be established by the City Engineer; and b. The City shall require legal assurances for the continued maintenance of private streets, such as: (i.) A bonded maintenance agreement; and (ii) The creation of a homeowners association; T. Railroad Crossings: 1. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. U. Street Signs: 1. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the respoteibility of the developer. Mailboxes: 1. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. a. Joint mailbox structures shall be placed adjacent to roadway curbs; b. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the Director prior to plan approval; and c. Plans for the joint mailbox structures to be used shall be submitted for approval by the Director prior to final approval. Revised 02/21/89 Page 418 W. Traffic Signal 1. The location of traffic signals shall be noted on approved street plans,. anc: a. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. X. Street Light Standards: 1. Street lights shall be installed in accordance with regulations adopted by the City's direction. Y Street Name Signs: 1. street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Z. Street Cross Sections: 1. The cross - section of streets in inches shall not be less than the minimum shown in the following table: Type of Street Subbase Leveling Course Surface Arterial 12" a.. 4.. Commercial and Collectors 12" 3.. 4" :Local Streets 8" 2" 3.. a. Subbase and leveling course shall be of select crushed rock; b. Surface material shall be of Class C or 8 asphaltic concrete; c. The final lift shall be placed on all new construct on roadways prior to City final acceptance of the roadway; however, not before 90 percent of the struct%r€s in tha nay/ development are completed unless three years have elapsed since initiation of construction in the development; de The . final Lift shall` be Class H . ; asphaltic and nerete as defined by A.P.W.A, standard specifications; e. No lift shall be less than 1 -1/2 inches in thickness. (ord. 89-06; ord. 84.50 ord. 53 --52) Revised 02%21/80 paae41§ 18.164.040 Blocks A. Block Design: 1. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography, B. Sizes: 1. Blocks shall not exceed one 1,200 feet in length, except for blocks adjacent to arterial streets or unless the existing adjacent layout or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet. (Ord. 89-06; Ord. 83-52) 64 050 Easement A. Easements: 1, Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for it the deed restrictions, and: a. Where a development is traversed by a Watercourse, or drainageway, there shall be proVideet a storm water enactment or drainage right-of-way conforming sUbstantially with the lines of the watercourse, and such further width management purposes. a, Utility Easements: 1. A property owner proposing a development shall make arrangements with the city, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development: a. Thar City's standard width for public main line utility easements shall be 15 feat unless otherwise specified by the utility company, applicable district, or city engineer; and b. Where feasible utility easements shall be all on one lot. (ord. 89-06; Ord. 83-52) geititdd 02)27/$9 page 420. 18 x.64.060 L. L t. A. Size and Shape: Lot size, width, shape and orientation shall be for the location of the development and for the contemplated, and a. ft lot shall be dimensioned to contain existing or proposed public right -of -way; • b, The depth of all lots shall not exceed 2 -1 /2 times av r? cage width; c. Unless a variance has been granted, lot sizes shalt not be Less than the size required by this title. d. Depth and width of properties reserved zoned for commercial and industrial purposes shall be adequate to prova,de for the off-street parting and service fawaities required by th type of use proposed. B. 1. • • I, appropriate type oc use part of an the Lot Frontage: 1. Each lot shall abut upon a street other than an alley for a width of at least 25 f eet unless the lot, is created through a minor land partition in which case Subsection 18.162.050 (C) applies. C. Through Lots 1. Through lots shall be avoided except when = they are essential to provide s® p ara. t�_ o r development from ma j c. traffic arterials or to overcome specific disadvantages of topography and orie6'tation, and: a, A planting buffer at least ten feet wide is required abutting the arterial rights --of-way; and All through lots shall provide the required front yard on each street. D. Lot Side Lines: 1. The side li nes of lots, . .. as far as practicable, shall . . be at right angles to the street upon which the lots front. E>_evtsed 02%27%89 tit ,.0 Page 421 E. Large Lots: 1. In dividing tracts into large lot& or parcels which at some future time are Likely to be redivided, the Commission may • shape, and be site so require that th® lots be of such size and s divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size, and: a. The land division shall be deg ^ied if the proposed large development lot does not provide for the future division of the lots and future extensitn of public fad.lities. (Ord. 89 -06; Ord. 83 -52) 18.164.070 Sidewalks A. sidewalks: Required 1. Except where exempted by the Commission, sidewalks shall be constructed, replaced or repaired to City design standards as sot forth in the standard specifications manual and located as follows: , a. On both sides of arterial and collector, streets to be built at the time of street construction; b. On 'both sides of all othei.' streets and in pedestrian easements and rights -of -way, except ae provided further in this section, to be constructed along l portions of the property deaignated for pedestrian ways in conjunction with development of the property; and c can one szd® of any industrial street to be constructed at the time of street construction or after determination of curb cut locations. (� - at least f �.ve feet between the curb and the 17 . �, glanter strip., separation of fired in the design of any arterial or collector street where be parking is prohibited adjacent to the curb, collector win, conditions exist: there inadequate except where the following them i o t tight-of-Way; already exist on predominant -gay, �.h® curbside sidewalks air portions of the street; or it mould conflict with the utilities. C In the central business district sidewalks shall be 10 feet in width, and: 1, All sidewalks shall provide a continuous unobstructed path; and 2. The width of curbside sidewalks shall be measured from the back of the curb. Revised 02/27/89 page 422 Maintenance: 1. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the ad3acent property owner. E. Application for permit and Inspection 1. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the public works department to so build or construct: a. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. b. Thai City Engineer may issue a permit and certificate allowing 'temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons: (i) Sidewalk grades have not and cannot be established for th..r property in question within a reasonable length of time; (ii) Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; (iii) Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or (iv) Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible; and CO The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth In the standard specifications manual. F. Council Initiation of Construction: 1. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City Ordinances: Rse `ised 02127/89 Page 423 8. TRANSPORTATION • • • • • • , • • , • This chapter addresses Statewide 1.anning Goal #12: Transportation which requires local jurisdictions to provide and encourage a safe, convenient and economic transportation system." Transportation planning has been defined as "...the process by which transportation improvements or neW facilities are systematically conceived, tested as to present and future adequacy, and programmed for future construction. Modern transportation planning emphasizes the total transportation system. It considers all modes of transport which are economically feasible to a state, region or urban area." (Goodman & Freund, Principals and Practices of Urban Planning, "Transportation planning') The transportation plan for Tigard reaches beyond the Tigard Planning Area and includes traffic and transportation impacts within other areas of the southwest subregion of the Portland Metropolitan Area The Metropolitan Service District (MSD) acts as the regional coordinator for transportation planning throughout the Portland Metropolitan Area The other major service district impacting Tigard is Tri-Met which is charged with the responsibility for providing public transportation throughout the metropolitan area. The Comprehensive Plan proposes a land use plan that encourages and facilitates balanced transportation development for the City. The plan recognizes that land use and transportation investments are interconnected and that relationship should be reinforced to produce an acceptable urban enVironment. Detailed information concerning transportation in the Tigard Urban Planning Area is available in the "Comprehensive Plan Report: Transportation." 8.1 TRAFF/CWAYS • A need exists to place all of the existing public local and collector streets in the Tigard City Limits under the City's jurisdiction. • According to a Washington County computer study 48-60% Of Tigard residents work outside of the Washington County area. • Between 77-83% of Tigard residents commute to work by auto as single occupant.t. • Major congestion problems within the city have restOted from the rapid population growth since 1970, creating a need for major street improvements. • A corridor study for Pacific Highway (99W) has not been prepated by MSD. It is the only major trafficway within the region which has not been studied. Pacific Highway, the major trafficway through the City, has the highest traffic volumes, congestion and accident(s) rates within the City. There is a need to prepare a corridor study for Pacific Highway, The City, Metropolitan Service District and (the] State should Coordinate such a study. • If ..• • 41! Many of the etreets n Tigard are dead-ended which ds to the congestion on existing completed streets. Therefore, a number of street connections need to be constructed. A Major concern of the community regarding transportation is the need to maintain aad improve the livability of residential areas in the face of increasing population and transportation requirements. The City needs to deve"eop a strategy to coordinate public street improvements with priNate sector improvements to achieve the most effective use of the limited dollars available for road development and improvement. Major residential growth during the planning period is expected to occur in the westerly and southerly areas of Tigard. Both of these areas lack adequate improved trafficways. A need exists during the planning period to complete a collector street system between Scholls Ferry Road, Walnut Street, Gaarde Street, Bull Mountain Road and Pacific Highway. The location of these connections needs to he coordinated between the City, County, State and [the] Metropolitan Service District. A need eXists to complete the collector sheet system within the Tigard Triangle area to make more of this area accessible to developers, employers and employees. THE CITY SHALL PLAN FOR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT. THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT OF THE TRANSPORTATION PLANNING PROCESS WITHIN THE CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH OTHER FEDERAL, STATE, REGIONAL AND LOCAL JURISDICTIONS. THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY; b. STREET RIGHT-OF-WAY BE DEDICATED WHERE THE STREET IS SUBSTANDARD IN WIDTH; c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS AND SIDEWALKS TO CITY STANDARrS WITHIN THE DEVELOPMENT; INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EX/ST/NG STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S IMPACTS; STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD; TRANSIT STOPS, BUS TURNOUT LANES AND SHELTERS BE PROVIDED WHEN THE PROPOSED USE OF A TYPE WHICH GENERATES TRANSIT RIDERSHIP; 8.1.4 g. PARKING CES BE SET ASIDE AND MARKEdilOOR CARS OPERATED BY DISABLED PERSONS AND THAT THE SPACES BE LOCATED AS CLOSE AS POSSIBLE TO THE ENTRANCE DESIGNED FOR DISABLED PERSONS; AND h. LAND BE DEDICATED TO IMPLEMENT THE BICYCLE/PEDESTRIAN CORRIDOR IN ACCORDANCE WITH THE ADOPTED PLAN. WHEN THE ACTUAL ROUTES OF FUTURE TRANSPORTATION IMPROVEMENTS HAVE NOT BEEN DETERMINED, THE CITY SHALL DESIGNATE STUDY AREAS ON THE COMPREHENSIVE PLAN TRANSPORTATION MAP AND PROVIDE GENERA!! PROJECT DESCRIPTIONS TO a. IDENTIFY THE APPROXIMATE AREAS WITHIN WHICH THESE P'/JECTS WILL OCCUR, AND; b. TO EXPLAIN THE TYPE AND EXTENT OF THESE FUTURE IMPROVEMENTS. 8.1.5 WHEN REVIEWING DEVELOPMENT APPLICATIONS WrIlitIN COMPREHENSIVE TRANSPORTATION PLAN MAP STUDY AREAS, THE CITY SHALL WORK WITH APPLICANTS TO AVOID CONFLICT WITH THE LOCATION OF FUTURE TRANSPORTATION IMPROVEMENTS. 8.1.6 A CHANGE IN ROADWAY CLASSIFT,ATION, OR LOCATION SHALL REQUIRE AN AMENDMENT TO THE COMPREHENSIV. ?LAN TRANSPORTATION MAP, AND; WHEN TgE LOCATION OF ALL OR A PORTIO F A ROADWAY WITHIN A TRANSPORTATION MAP STUDY AREA HAS BEEN DETERVX1cM, THE MAP WILL BE AMENDED BY: a. DESIGNATING THE LOCAnON OF THE ROADWAY. b. DESIGNATING ITS CLASSIFICATION, AND; c. DELETING THE APPROPRIATE PORT/ON OF THE STUDY AREA INVOLVED, 8.1.7 THE CITY SHALL SUPPORT THE GOALS AND OBJECTIVES OF THE OREGON DEPARTMENT OP TRANSPORTATION TO IMPROVE TRAFFIC FLOW AND CAPACITY AT THE INTERCHANGE OF I-5 AND HIGHWAY 217/KRUSE WAY. HOWEVER, THE CITY RETAINS THE PREROGATIVE TO REVIEW, COMMENT AND CONCUR WITH THE ACTUAL ALIGNMENTS OF THE PROJECT. ismarmvoromftwarressuralsi (Rev. Ord. 91-13) IMPLEMENTATION STRATEGIES 1. The City shall develop, adopt and implement a,master street plan that anticipates all needed trafficway improvements so as to plan for the necessary available resources to develop these streets when they are needed, 2. The City shall develop, maintain and implement a capital improvements program which: a. Is consistent with the land use policies of the Comprehensive Plan; b. Encourages a safe, convenient and economical transportation system; c. Furthers the policies and implementation strategies of the City's comprehensive Plan; d. Considers a variety of transit modes within the rights-of-way; e. Meets local needs for improved transportation services; •', , - 56 • 1 �r f. Pursues and establishes other funding sources f m the federal, state, regional and /or local agencies; and g. Designates the timing of such projects to ensure their installation when those facilities are needed. 3. The City shall specify street design standards within the Tigard Community Development Code. 4. The City shall maintain the carrying capacity of arterials and collectors by reducing curb cuts and other means of direct access, and requiring adequate right-of-way and setback lines as part of the development process. The Community Development Code shall state the access requirements for each street classif.!►.cation. 5. The City's Tigard Community Development Code shall require developers of land to dedicate necessary rights-of-way(s) and install necessary street improvements to the City's _ standards when improvements been done prior to the developer's proposals. Thesencessaen dedications may be required upon approval of any development propose). 6. The City shall control and limit the number of access points and will A manner that provides for a consistent flow of trafficxand rtherefore minimizes or reduces vehicular emissions. 7. The City shall include provisions in the Tigard Community Development Code ves the aesthetic quality of the transportation system to ensure 'which addresses community livability and to minimize the effects on abutting properties. This can be accomplished through: li - 56 -1 y'p :,o VrfrO3 138,1 7297 FACSIMILE TRANSMUCTAL NOTICE 1,0: Here is what is coming with recard to the above-referenced street vacation Page Fax 1 - Page Pax 3 - Page Fax 4 - Page Fax 5 - Page Pax 7 Page Fax 8 4- Page Fax 9 Page Fax 10- Page Fax 11- Staff Report for 5/13/85 Council Meeting to initiate street vacation Council Minutes Excerpt 5/13/85 Memo to Planning Commission dated 5/31/85 Memo to Planning Commission dated 6/4/85 Minutes of Planning CommisSion (Excerpt) - 6/4/85 Memo to City Council dated 6/13/05 Staff Report for 6/17/85 Council Meeting Letter dated 5/16/85 to Property Owner Excerpt - Council Minutes 6/17/85 I will not be in the office tomorrow; however, if you need further information, please call Jo Hayes. Thanks. our facsimile telephone number is •. (503) 684-7297 This number 18 to be used for business transmission only and is not available for advertising purposes. Should you have any difficulties with this transmission, please call 4. 4. 4 4 4 4, 4 4 4 4 4 e IP • u 4 IN • IP ei is to to (503) 639-4172 h:\ ion itAttattty1fantrara 01.21.'94 15:59 V503 684 7207 CITI or T. P CITY OF TIGARD? OREGON COUNCIL AGENDA ITEM SUMMARY rl AGENDA OF: S/13/85 AGENDA ITEM It: DATE SUBMITTED; 5/9/95 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Skeet Street Vacation rocess in January Vacation gidilLampit PREPARED BY: Loreen Wilson REQUESTED BY Loran wilson !: • POLICY ISSUE City Council initiated street vacations. INFORMATION SUMMARY On January 14, 1985 the City Council adopted a new street vacation process and ordinance. There has been so much activity in this area, that it +seemed appropriate to give an updated report on the Status of the prOcess and individual requests, In order to we copies, I will have a wall map available Monday evening showing the exact locations of the requests. It is important that Council understand that even though staff time is paid by the vacation fees, the time committment involved in the vacation process excessive, A small Vacation request takes a minimum of 95 staff-time hours to process with coordination efforts between Community Development and my office, In other words, with eight active projects someone on staff is working on a daily basis on vacations, Staff " inking For Council direction Ln developing policy for 4,,ouncil initiated tiacations. The Council initiation process only changes two requirement 4 in the vacation process: (I) no rAition would be circulated for skinature; and (2) surrounding property owners would be notified by mail ins :Gad of signing a petition. Staff suggeritS Council conder initiating vacationS that meet the following criterion; 0 Ih cases of hardship created by petition cieculatiov area in two different counties, area dkveloped commercial with owners located out—ofstate, area developed commercial with large corporution signatures required, petitions already in circulation during change in vacation pmposs), and when it is in the Oity's best interest to vacate, Staff is requesting Council consider support to initiate the vacation request On 4 vacations at this time, (Areas are marked with * on attached status report.) One of these Vacations could be let for public hearing by pissing the attached resolution, A brief outline of the procesb is also attached to assist yo t in understanding the status of the vacation requests status report, 14 21/94 1E3�(st s„_ /°5u 04 1291 c TI OF T Z GARD ALTERNATIVES IVES CO(ijSIDERED l ► Indicate support to initiate 4 noted vacations, adopt resolution for a public hearing on 70th £ Hampton vacation, and direct staff to prepare resolution to formalize Council policy for initiating vacation requests. 2. indicate support to initiate 4 noted vacations, adopt resolution for a public hearing on 70th 64 Hampton vacation, and consider policy is u= at later date. 3. Indicate initiate 70th & Hampton vacation and adopt resolution for t public hearing, t consider support to initiate other noted vacations and policy issue at a later date. 4. Recet ie status report only at this tittle. SUGGESTED ACTION Council motion to support Ctounci 1 initiation of A noted vacations, adopt resolution for a public hearing on 70th £ Heimpton vacation, and direct staff to prepare resolution to formalize Council policy for initiating Vacation requests. U4'21;94 16:00 Z$16113 684 7297 C471 OF TIUARD c- Board Chairman Kook closed the public ' ring. { d. Public: dreg Opened - -3o son General Contractors Administrative Assistant submitted the record of investigation and noted it 3b and 3c from Resolution Ito. 55 -2.2 are the was rare the ::ontractor failed to fly math criteria for acceptance. . Public Testimony: Appellants Mr. Walt 3ohnson, a partner of McCartney-Johnson General Contractors. submitted a revised supplemental prequalification application. He noted that sunder item 3b they had completed jobs well vier ssoodoco for medical/hospital prolacts. Item 3c compliance could be assured since the superintendent world be Ray Berg who has bean with the comp-Any sInce 1979. a emplaird the paperwork required by the Davis Bacon Act would be accomplished at their main of fact and not by the field superintendent. Public blearing Closer f. Board discussed intent of requirement Rb. j Motion by Board Member Edwards. seconded by eoar'd moabee Scott, to tentativ iy reverse staff's decision and allow contractOr- to participate in the bid process. Approved by unanimous write of Board present h, Board directed staff to prepare findings for ftha l. osier for adoption this c enirwg. RECESS LOCAL CONTRACT ffvx1 BOARD MEETING: 13;1.3 8. STREET VACATION REPORT a. Deputy Recorder ptreserit d current status report of pending street vacations std requested Council consider a policy to set out Craraci,l initiation ,regairements for vacations. b, ties, deraidin gall que8tioned some of the locations of various Vacation requests, is c4 After fur's 00 co+unc a di scussiori. Count 1 l directed Starr ter prepare a resolution adopting street :vacation irittati an policy as outlined in the memo received in packets. RESOLUTION NO ' °' RESOLUTION RIONG VACATION OF A PORTION Of SW 70TH AVENUE AT STREET, A BEO vTED PUaLTC RIGHT-- Or-NA' IN THE CITY Off" MAW WASHINGTON COUNly, OREGON, (Schriever) p. Motion by Councilor Brian; seconded by Ctnuncilor Stott to aapproVe and .,all, the public hearing for 3uni 17, i995. Pfd " -, tL MINIM l W /3, 1905 .4 t:s 04 21. 04 16:01 T251)Zi 68,1 7207 MEmoRANDUM CITY OP TIGARD, OREGON TO Planning Commission FROM: Planning Staff W7 OBJECT: Street Vacation -. 70th & SW Hampton AGENDA ITEM 4, Mty 31, 1965 The new street vacation procedure requires that the Planning Commission make a recommendation to the city Council pn all applica*ions for street vacations. A copy of that ordinance *s attached for your IrOVieW, A public hearing has been scheduled for the June 17, 906, citg Council meeting to consider an application to vacate a portion of SW 70th Attafte roaAr glW Hampton. A staff report containing staff's recommendation will be hand carried to the June 4. 198. meeting, 1.430Pidmi tit LEGIBILITY STRIP 04'21/94 10:01 W60:,4 684 7297 6 fra mEMORANDUm CITY OF T/GARD, OREGON TO: Planning Commission FROM: Planning Staff AGENDA ITEM 4. Sune 4, 1985 SUBJECT: Street Vacation - SW 70th north of Hampton fir. Fred Schriever* owner of Tax Let 1100 on the West side of 70th north of SW Hampton wishes to vacate a 20 foot strip of right-of-way on 70th adjacent to his property. Mr. Schriever want e to reclaim the property to accommodate parking and landscapfmg r5 part tq' a neW building development, At Mr. Schriever's retleeet, the City Council initiated the vacation process. it SchrieVer has paid all of the necessary fees to advertise and process the vacation request. Atc6rding to the new street vacation process, the Planning Commission is reemired to forward a 'recommendation to the City Council based an compliance or non compliance With applicable Comprehensive Plan Policies. The aPOlicahle plan policies are as follows: 2.1.1 TOE CITY SHALL MAINTAIN AN ONGOING CITIZEg INVOLVSMEMT PROGRAM AND SHALL ASSURE THAT CITIZENS WILL DE PROVIDED AN OPPORTUNITY TO RE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. The proposal complies with policy betause a public notice is being published in the Tigard Ties foe 5 consecutit:e weeks. In addition, a Public hearing will be held before City Council on zrune 17, 1905. PItPO U 4 will review the proposal rAt theCir June 5, 190S, meeting. 8.1.1 THE CITY SHALL PLAN POR A SAFE AND EFFICIENT STREET AND ROADWAY SYSTEM THAT MEETS CURRENT NEEDS AND ANTICIPATED FUTURE GROWTH AND DEVELOPMENT, 0E1.2 THE CITY SHALL PROVIDE FOR EFFICIENT MANAGEMENT or THE TRANSPORTATION PLANNING PROCESS WITHIN Th e CITY AND THE METROPOLITAN AREA THROUGH COOPERATION WITH orHzR FEDERAL. stAre, REGIONAL, AND LOCAL 3URISOICTILONS. The proposal. Complies with policy 0.1.1 and 8.1.2 becaOse vacation of the 20 feet of right-of-may will not be detrimental to the existing or proposed teansportation system in the are , The right-of-way width on 70th in front of MP. tchriever's property is SO feet. re. Schriever's proposal would reduce the right-of-way width in front of hi* property to 30 feet. In addition, Slw 70th is an Unimproved right-of- way. STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward N recoimendation of approval to the City council. t450Pfdaj raie V51.1ti 681 7297 ••■•• ••• " • ,, • , ,‘• • :::, Fi ifirwr I' 0 OP tai 211 112 164 a as' as of 6 avp lEET a in a r V' x HAI rt., 1. .I i f . le 1, Ir , r 11 1 , , 1 , I lir .000I -001914 St. 4- x 0. i Itil elk 44144 pH a —II - ift: 1,; cll. i.i....0 I - IIII14M I , . . . 4........ ......... t ..m...ka am.* . e:stwe' 1 , a III SC ....12. .......... ............... 1 , , ....,... ... ....4.02.__ i _ $3 L Z „ a— L......r-- r "Tbirri • : . ..-E i--- — —741. • — iiN6 . se .is i ....... V .1 i- 1. --1 1--..--- •"1"6 .., a a7— 1111tTfri- iTTIT 71 I 11111 1 1 1 101412+.3.461 1101,LLLI.11L lolvitasefel scle • 04/21/04 18:1)2 U503 684 7207 CITY OF TI c aRI► TIGARD PLANNING COMMISSION REGULAR MEETING -- 3UNE 4, 1965 1. president Moen caslied the meetings to order at 7 :35 loo, held at Fowler Junior High - LGI Room d- 10865 SW Walnut. 2. ROLL CALL: The meeting was Present: President Moen: Commissioners Peterson, Campbell, Leverett, and 3. APPROVAL OF MINUTES Clc aaisttioner !wens moved and Commissioner Peterson seconded to adopt minutes as submitted, Nation carried by majority vote, Commissioner Vanderwood abstained, . COMM/SSION COMMUNICATION Commissioner Campbell stated she had been contacted regarding item 5.2 the appeal, of MLP 5-05. S Staff reviewed the Street Vacation for SW 70th north of Hampton. Commissioner Peterson moved and Cois►giooer Campbell seconded to forward recommendation for approval to City Council. Motion carried by majority vote. Commission Leverett abstained, 5, PUBLIC HEAR NGS 5.1 APPLICATION PROM CHRIS DEM1 l EK FOR APPOINTMENT TO 14Pa 3. Chris &Arnorak, 14455 SW Hate$htlt Drive, stated he had Attended a NPD if 3 meeting and folt this would a gourd point to get involved with the City. Commissioner Owens moved end Commissioner Butler seconded to forward Chris 5a:dnatrek's application to City Council with a .recommendation, for appcintmer$. Motion carried unanimeusIy unanimously by Commissioners cners presenrt. 5,2 APPEAL OP DIRECTOR'S APPROVAL PO MINOR LAND PARTITION MLP 5-85, LOT LINE ADJUSTMENT M 1-65. AND VARIANCE V 9--05. Request to by Rill and Jean Baldwin and Richard and Sharon Ulirich to adjust and then divide three parcels of 0.29, O, 76, and 1.02 acres into five parcels of 4O, 300, 20,0m, 80700, 7,800, 8,500 square feet. Also a variance request for the required paeement width and length of driveway. Located: 13500 and 135310 SW 121 Ave. (WCTM 2S1 3CO3 lot 4400, 4401, anti 4500). Associate Planner Liden eealiewed the Director's decision, noting a staff oversite regarding the length of the dr vet y . Discussion followed on how to proceed, PLANNING COMMISSION MINUTES Tune 4, 1905 Page 1 214503 084 7207 `ITI' OF TIGARD MEMORANDUM CITY OF TIGARD . OREGON TO: City Council FROM: Planning Staff &ill June 13, 1905 SUB5ECT: Street Vacation — SW 70th north of Hampton On Sung 4, 1935, the Planning Commission met and reviewed the above mentioned Street Vacation, Commissioner Peterson moved and Commissioner Campbell seconded to forward tht proposal to City Counc 1 with a r comendatiun for approval 'p1otion passed vnanimoUSly by Co r► rxssion0 rs preset • Commissieners Pyre and 6argMann were absent, 01.U6P daj 01.21 94 13 :O3 C503 884 7207 >zt TIGAR� OREr! ' EoltilgxolEN®A iTtM►u AIM r fret , PRE10IOU$ ACTION: .. 5I i,,,.._% C r ►roc _r.., 1nit3 ted Re uest & Sat Hearing________ PREPARED BY Lcaregn oIilsarb REQUESTED 0Y ouar :il AGENDA OF : aur�„_._►.e. ? --- "'.,."�'' DATE SUBMITTED; ISSUE/ AGENDA TITLE: 212NIJOImterl Street acation Public i4e raYn ..�.e DEPARTMENT MAD OK: cif! ADMINISTRATOR: r..... POLICY Iaag vacation rr6��+����, and the ORS and has already set policy fo► initiating ;�r requests, disapprove requests. rrd ' set out requirements to hear' and either approve __. IMEOVATAILInnal 1984 �� Staff i1 December. requested ��- contacted the City iar�ci! 71 t'8t Avenue. Utility Oar. Frederick of "Ghr� ev parcel of right - of.. y the �1Ae 1: , e c of a 24 font F to stop t tln�. re�a�os�t x� found no reason c�a����� the proposed mpa investigated jurisdictions offered no concerns ; all fees and companies end ' tIte- Mr, , Schriever has . X5_29 foot parcel, - ` adopted Se�ola�ti�,vtr �1a i can within �►e City Counci es is hearing to be v�aca'Iv e: for this vacation it request, te request and calling for a p riha �,�, i.9�� initiating Staff published this item in the Tigard on try 30 PO , mail. �e held oand June �f al at property owners following ho and affected approval with � tote notified all abutting E after the Planning cite Engineer recommend pp Poanni.e Commission and should not be effective until the day esa�ceti.r'ra i r; ► • this certified copy IAYtfla 3 hearing �►r� it ��,11 ��: be effective until a clerk. ri tors County ordinance his been recorded with the Washington assessor mod surveyor. 1. Adopt the ordinance approving the vacation request. o, ftequast staff to prepare resolution denying proposed vac atior based on objections and remonstrances receiale l during the public hearing. agggEMJNIX01 staff S would WiOPtaon of f the attached ori acance .i9 no haectians or remonstrances a � received curir the pubt c hearing. iv4f 2017A , Mat 16, 1985 Dear rtopezty Qajfi�ilr= Council ft! •old a public hearing on %Monday, June 17, 1985 at The Tigard City 7:30 P.M. at Fowler .7un.3 ®t School Lecture Hoot, 10865 SW Walnut Street, ,�c�h consider the proposed vacation of a 20 foot strip t '0h Tigard, Oregon to (See enclosed location Wipe) Avenue right-of-way at SW ii�taptc�n Street. proposed �+�,r,�'�3.00 interested person may appear and b�. heard remonstrance st��.3 k�e filed +pith the of said lands. Any written objection or 12755 SW Asb - Recorder by June 12, 1985 at 3 :00 P.M. at Tigard City 'ail,, City Avenue, PO BOX 21397, Tigard, Oregon, $ Qo,, 91��30 The vacation request was initiated on May 13, 1985 by the Tigax' City Council at the request of elm Street investments (Mr. Frederick H. Schriever) to rk planned for tax lot 1100. The ldetol description of accommodate new site wa � the parcel to be vacated is described as followts 20 feet �rid�, �.u� �.54.�� feet sang. Ttat portion of S lOth AVCTaUe, being S�►15 62 Is d:� the and abutting of Dev�%and No. 2 Subdivision. Oregon- If lot 17 Hampton Street an Tigard, corner of SW 70th Avenue ue and, S% iiamp If you reed further infoa tion, please contact my office. CC: Community Development Director City Engineer 12/55 i.1N. ASH P.O. GQ* 21197 ti0A i0, OASSON 97223 Pit '1 04/21/94 10:04 2Y503 884 129; • T G A D C I T Y C O U N C I L SPECIAL nEETING MINUTES - JUNE 13, 1995 7:A0 pen. 1. ROLL CALL: Present: Mayor Xrahn Conk; Councilors: Toe Brian. and Phil Edina City Staff: Frank Currie, City i neer; eob 361m, City Administrator; Tina Ramis, legal Counsel; Ierrr i Widner, Finance Director (left at 9:00 P.n. ): and Careen biila�oa�, Deputy City Recorder. CAU.. TO STAFF Ali comm. FOR NON-AGENDA ITEMS a. City Administrator synopsized status of agenda items and requested the following be dtscesrsed under non- agenda: .1 Meteger» Neighborhood Meeting Re xation .2 Metro Solid Haste Report - Transfer Sites .g Miscellaneous Reports b. Mayor Cook added the Following .4 Cute; Center Groundbreaking Report a. VIS1TOR'S AGENDA a. `Yom GQrnilles, 10905 SW Tigard Street, presented a petition and letter requesting waxier~ of appeal fee opposing the extension of 1ORth Avenue as approved in the Director's Decision ru' Rees. b. After lengthy discussion Countiler Brian misted to cor,,diti.ona1le waive the appeal fee until staff can furnish Council wish further facts in the natter at the 6-24-05 meeting. Motion seconded by Councilor Edin. Approved by unanimous Vote of Council prevent. 4. PUBLIC NEARING -- XOTH & HAMPTON STREET VACATION , Public Hearing Opened b► Deputy Recorder synopsized request noting utility companies were notified of the request: c. Public Testimony F'ir'ed Schriever; petitioner, requested approval and noted area would be used for parking and 1aiiscapzrrg for development on hip lot Geraldine Ball, NO0 #h Chairman, stated the iPO recommended approval of the request d: Deputy Recorder stated Plenning Comrmission, the City Engineer, and 6taf f recommended arpproval 6, Public HeMrini Cioscd Pawl i cdOmat, 6 NUTES -- nate 17i 1905 f O12111 18:05 f. V503 9981 7297 CITY OF Tie: i ORDINANCE NO. 8 AN ORDINANCE WICATING A 20 FOCI' PORTION OC SW 70Th ASE AT HAMPTON STREET ANO DECLARING AN EFFECTIVE DATE Motion by Councilor (din. secondee by Councilor Brian to approve. Approved by unanimous vote of Council present, 5. 1904 -95 AUDIT AGREEMENT a. Finance Director presented the Cer'tffitate a Conformance which the City was aw krded. She introduced sir. .l Dethman Coopers and Lybrand. b. Mr. Deign noted the agreement terms for the 8' -D5 audit by his firm, He discussed ways in which more information could be giver to Council during the audit process, c► Councilor Ellin. Finance nand Audit Representative for Council.. stated that the Council hasn't giatef a forum to Coopers and past for inform l information sharing. This year Lybrand arr the, p xn;� to the audit with rIr► h� will �� discussing i�etiamart and then reporting issues bac% to the Council those items which are of most concern, d. City i dO nistrmtor noted staff's support of this process and recommended approval of the audit agreement. A. 4iution by Councilor Urtan seconded by Coun 19U4-SS Ediatedik h aup't ve an agreement with Coopers & Lebr nd for the cost not to esceed $150700, Approved by unactimtUs vote of Council present. 6. PERFORMANCE AUDITING DISCUSSION a. Finance Director presented information received from prig Pacific Ecvn4ma+��►, inc . regarding rate studies for waste water for t stated the end product of the Study Waterhouse an should be an ordinance or resolution r.:Mch sets oUt the criteria for rate making. b. City Administrator stated there i$ $10.000 in the 95-46 budget for a perfomance d it. He discussed time frames citizens ...w . r . pe of the project for the Cammitteek an,dt�eec�n�u��a�tn� responsibilities. committee and +C• After lengthy discussion, Councilor Drian noted concerns regarding the :study and wished to discuss this issue at a later date. Consensus of Council was to bring item back at 6/2005 meeting for . on trb a ark directed staff prepare information Out l ini ng he committee a� consultant's scope of the project /study and a problem statement. Page tjNctL MIND 1095 OREGON TITLE Insurance Company 9340 SW Beaverton Hillsdale Hwy. Beaverton, Oregon 97005 (503) 297 --5034 FAX 297-9033 APR 211994 Mr. Phillip E. Grillo Attorney at Law 319 SW Washington Street, Suite 920 Portland, OR 97204 DATE : April 20, 1994 ESCROW: 365971w RE: JOSEPH 0. HUGHES PROPERTY: 7035 SW Hampton St. Tigard, OR 97223 In connection with the above captioned transaction, and your request for information regarding the vacated street, enclosed herewith please find a copy of the City of Tigard Ordinance No. 85-25 vacating SW 70th Avenue at Hampton Street. Per our title officei, this is the document which transferred the vacated portion to Lot 17. There was no Deed recorded. We trust this will be of assistance to you. w Officer 503: 288841 OTIC PLANT Page 2/3 Job 843 /FYI tl 1�i1` lei • CITY or 110A400 Oaten I O M I � e5-425: Page rb- h1 fir. •, .. �� ?•i �. �.� •,�'�...... .... 1 et i e5O2i i St AN ORDINANCE VACATING n 20 ram PORTION Of sw 70TH W ENDT AT HAMPTON STREET t F 2?�+lstt DA WHEREAS. the Tigard City Council initiated this vacation Per ost pursuant to Ruction 14:oe.o4o of the Tigard Municipal Coda: t3nd WHEREAS, the reason end purpose for this vocation is to return a 20 foot Parcel alb RV 70th Avenue at the intsrsectio•„ of 4W Hampton Street. to Lot 17 of Nrevoland $o• 2 Subdivision. for use as parking and laesdscepin9 to accceodate a new b+si lding on said lot WARDS. the Vocation is recomended by the Planning mission: end U e in accordance with 00R 271.100, ond TMC Section 16. 1.110. the Council Heed ei time end placer for the public hewing and the Recorder pdblished notice end posted notice in the area to be vacated; and bS, notice has been teai'as1 to all property owners obutt$r 0 maid vocstfion area and all oWs • i s in the effected area. as described in ORS 2710040: end an 2 7o 1'�gia find* no e ion Mignon. e act hoeing her°ete as�prd idea d by t 271.10 and ric objections Rotation t6.0S.UU0; and WHEREAS, the Council finds that it it in the public interest to approve the on sW rub avenue at % Hampton t Street bemuses r objections 20 or foot +r strip trencet Were filed bj eb ttiht go offocted arty ors or by utility eiders and other interesetd t sb mid WHOM. the dX OM* S,hltird. the following condition is necessary to vacate l l not be effective Until the e4 ettivee date of �� 'mil this vacation she .. County tClarte otbsy of ehia this .. irence it Shall not be effective Until rtifi mounter and e i necorde d Keith the Hoehn adeveyeri n . The 'herd city i1 hereby (*does tthe + t perdu � T �errsea eta d ®scsri �t long, a s � �.. _ lot _. � . . 2 of s fel i,o�,o i *but pertion of SW 76th AVOnMle ting lot t7 of teems NO+ RUbdy i feat Wide t t64,42 n feet e® r of 04 Toth *were ' too . 1ei ®ion. Strut in Tisch 0a The Tigera Cit. .. *station shall i 1 'Other t the i'fe n be *Object to the f*tieo i+ edit e antil the effective date of this Ordinance end it shell rent too Offo4tito Until 000IMmOct MO, d heog Of 2 OTIC PLANT APPWOVEnt Wig doy of STAI14 Deputy City Pecordar — City of Tigard i1 ORKOM City ot Ttptd I LOPUN Ond oct ing vut:i I iturthi.r realty Mut 0 Un MI coAtrodiou of tin off herewith ropy in 0 tort Ivby r0 fll%7 tVOt i AP alit 6iv tiov ol Tivrd, Orvetni. 1 hovt, t'=131:111tid Mt. ilervuith vopy of Urdinanvv km, 'if tjI vtth thu originnl in my ptIhmeNAion ic v,ivrd, ( th4 (At) 01 Ti:;drd. 44n0 tho& the vvi Ltd“.4ript 01 'hi whola of Orin:lance N. Tikae_ city ES% WHERIOV I i.Jvl int.vtinto ut..4,111N 9Jfl tf.J7 e .• t t o G d LAnciop t5D aocerdar City oi gigaIrd RO Noz 23397 Tkordo 01 101223 itioz0ffieO*4 catoovewl0W0nows *Kis Kt of** 4 • Tigard Triangle Specific Area Plan • Tigard, Oregon prepared by OTAK Incorporated with D1CS Associates and Eric Hove° January 1994 This project was funded in part through an urban growth management demonstration grant from the Oregon Department of Land Conservation and Developnlent (ra,cr) , The contents of this report do not necessarily reflect the views or policies of DLCD. te• MOO I. INTRODUCTION Tigard Mang Tit Area Pan • Tigard, Oregon Twenty years ago, the Tigard Triangle was largely similar to what it is today; single.family residential areas, the Pacific Sghivety commercial strip„ the Phil Lewis Elementary School, and Farmers Insurance were all in place. Development since has been limited to one and two-story office buildinge, mainly in the Hampton Road and north end of 68th Parkway areas. However, recent years have seen an increase in development in the Triangle including the construction and expansion of the Tigard Cinemas, expansion of Landmark Ford, and the current construction of the Cub Foods shopping center. There has been no new housing, single or multi-family, within the Triangle during this 20- year period. While development in the Triangle in the past 20 years has been relatively slow, there has been explosive growth in nearby areas such as Washington Square/Lincoln Center, Mountain Park, Westlake, and the Kruse Way corridor. The City of Tigard has commissioned several studies regarding why development of the Triangle area has lagged behind these other areas. The primary reasons identified in past studies for the Triangle's relatively slow development are: 1) Access to the interior of the Triangle is limited; 2) The interior of the Triangle lacks visibility from Interstate 5 and Route 217. There are few landmarks in the Triangle. No major developments have served as a magnet to the Triangle. As a result, traffic tends to go past the area rather than through it. The long-awaited construction of Dartmouth Street from 1-5 to SW Pacific Highway is now underway. Construction of Dartmouth Street should alleviate some of the difficulties with access to the interior of the Triangle, In addition, the City of Tigard has undertaken reconstruction of the Pacific Highway/ SW 72nd Avenue intessection. At the same time as construction was nearing on these projects, the State of Oregon Department of Transportation has developed several alternatives for reconstruction of the 1-5/Highway 217 interchange and the Highway 217/Hunziker Street/SW 72nd Avenue interchange, These road improvement activities have the potential to greatly alleviate the problems with access to the interior of the Triangle. , These activities have helped spur recent development interest in the Triangle by Cub Foods, Landmark Ford, and others. This inereased interest has spurred the City of Tigard to review its plans, infrastructure, and regulatory tools to prepare for an increase in development on the Triangle as well as to review whether the existing plans and regulatory tools will help result in the type of development the City desires for this area, In 1991, the City of Tigard commissioned the Tigard Triangle Background Report to examine a wide range of development alternatives for the Tigard Triangle area, The examination was based on a recognition that: 1) The Triangle is an important part of the City. 2) A new direction is needed to encourage development, 3) Transportation and accessibility are important ingredients to the future of this area. (Front "Tigard Triangle Background Report," The Benkendorf Msociates Corp, ,1991) CYNIC Ine„ • &WWI' y 1994 � Page 1 T Area Plan • Manli, Orman The Triangle Badsground Report proviess an analysis of the physical and institutional setting of the Triangle, an available lands analysis, an assessment of development trends in the area, and an assessment of the development potential of the Triangle. The Planning Commission used this information to develop the following goal for the Triangle: -t Create a living and working environment not now available in the City that is urban in character and complimentary to the rest of the community. The concept plan that came out of the Background Report proposed higher residential densities, some changes in land use designations, reduced setbacks, and a general concept of managed circulation to promote pedestrian access and to 'minimize the adverse impacts of vehicular traffic in the Triangle. In addition, the Background Report outlined evaluation criteria that have been used as goals for this Specific Area Plan. The Tlgaxd Triangle Specific Area Plan builds Ilri Mk the findiu' rigs and recommendations of the Background Report throu specific recommendations for changes in the Comprehensive Plan's land use map and the zoning map, recommendations !tor detailed site and builaing design guidelines intended to promote a more pedestrian oriented style of development desired by the City for this area; and recommendations for necessary public improvements to previde the framework for development in the 'Mangle. OMR' ind, 0 January 1994 • page RECD ENDED ' OAD A► LAS IF CA an g as ® FREEWAY sumuunin ARTERIAL •"".0. MAJOR COLLECTOR �. MINOR COLLECTOR 0 INTERSECTION DETAIL W INTERSECTION DETAIL 'S' SIGNALIZED INTERSECTION TIGARP. TRIANGLE- SPE_JJFi ALA s s. _ - �.. . . -. t •� _ si - _ S ..i-� * ti � . - • i - f 7 r - _ o - _ r 3 _S EpIB T Y Tigard Triangle Or./".. • Lc Area Plan • Tigard, Omen omiloommosoma.ma•Amonnumwor The roadways in the Tigard Triangle area are classified into a typical hierarchial system of freeway; arterials, major collectors, minor collectors, and local streets. The Recommended Roadway Classification Plan for the Tigard Triangle is shown on the following pages. Changes include the addition of SW 70th Avenue es a minor collector and removal of the planned collector extension of Atlanta Street west of SW 72nd Avenue. Instead, a Plan note would call for a future lieat street or Bend end local streets between SW 72nd Avenue and Dartmouth Street to provide access to properties which also front on SW Pacific Highway. In addition, changes are recommended for the improvement standards for several of the bierarchial street types, as well as specific special recommendations for several streets in the Triangle. Improvement standards for arterials would not be changed. For major collectors, standards for medians are provided. For local streets, the Transportation Plan retains the wide range of street widths, but recouiuiends the lower end of the range for short, local residential comrections and the high end of the range for commercial streets. Some existing local streets or local street rights-of way should be considered for vacation in order to provide opportunities for combining parcels into better sized development sites (SW Franklin between 69th and 72nd Avenue and 67th Avenue between Atlanta and Clinton Street are two road segments -that should be considered for vacation). Access Control Access control in the Tigard Triangle is critical to ensure safety and smooth operation, especially on higher order roadways where volumes and speeds are generally higher. The City's Comprehensive Plan and Development Code contain recommendations and restrictions on access that need to be strictly applied in the Triangle. It is recommended in the City of Tigard Comprehensive Plan that direct access to arterials from individual residences or commercial or industrial uses shall be prohibited unless no other practical access exists. This restriction applies to any new commercial activity along Pacific Highway. Fronting or parallel streets should be developed and used for access as long as the access points remain more than 200 feet from the intersections with Pacific Highway. The best opportunity for this exists between Dartmouth Street and the theaters, where fronting land use if redeveloped could move access off ORE 99W, According to the City of Tigard Comprehensive Plan, direct access to major collectors from individual residences shall be prohibited unless no other feasible option exists, Commercial access or access from multi-family housing should be limited and consolidated whenever possible. Spacing between major driveways should be approximately 300 feet, where possible, Direct access to minor collectors from individual residences shall be discouraged - access should be from lower order streets whenever feasible. Commercial driveway s should be consolidated whenever possible, with a driveway spacing of about 150 feet, For arterials and collectors, driveways should be located beyond the queue length for traffic from nearby intersections. Site traffic analysis should be performed for projects to review assess driveway placement and queue conditions, For commercial and industrial land uses, the minimum distance from driveway to intersection curb return should be 100 feet for arterials and collectors and 45 feet for local streets, unless this prohibits access to the site. Exceptions may be made for residential land uses here sight distance to any intersection is a problem. ; OTA1C inc, • jdriliari 1994 page 11 „.; 4. • •, ' - • 1;,, r„), mon FOR COMMENTS DATE: March 15 1994 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 1AC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130. ZONE: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative services, public support 'facilities, business equipment sales and services, businss support services, financial, insurance, and real estate services, temporary uses, and conbtruction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this applic tion, we need your comments by Mar. 25, 1994. You may Use the space provided below or attach a separate letter to return your comments. If et: are unable to meng_hy the above, date please phone the staff contact noted below with your comments and confirm your comments in writing as soon at possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Ix We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: Tigard Planning Department CONDIT/ONAL USE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1, 1AC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130. ZONE: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative services, public support-'facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your revieW, From information supplied by various departments and agencies and from other information available ("1.:o our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future, /f you wish to comment on this application, we need your comments by Mar. 25, 1994. You may Use the space provided below or attach a separate letter to return your comments. If ou are unable to res ond b the above date, please phone the staff contact noted below w.,th your comments and confirm your comments in writing as soon as possible, It you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT AP,OLY: We have reviewed the proposal and have no objections to Please contact of our office, Please refer to the enclosed letter, Written Comments: Name of Person Commenting: Phone Number: RECUVED PLANNINIG MAR 2 3 1994 REQUEST FOR COMMENTS LIJ- WIAL FROM: Tigard Planning Department RE: DATE: March 15 1994 CONDITIONAL OSE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 lAC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130. ZONE: C-P (Professional Commercill) The C-P zoning d'Asignation allows public agency administrative serv,ces, public supportfacilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. Attached is the Site Plan and applicant's stateMent for your review. From information supplied by various departments and agencies and from other information available to our stafr, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you Wish to comment on this application, We need your comments by Mar. 25, 1994. You may use the space provided below or attach a separate letter to return yo' romMents. If Vou aremAbag120112.201y...theove datee, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning DepartMent, 13125 SW Hall Blvd,, Tigard, OR 97223. PHONE: 639-4171, STAFF CONTACT: . Victor Adonri PLEASE CHECK THE FOLLCWING ITEMS THAT APPLY: We have reviewed the proposal and have no objecti,ms to it. Please contact Please refer to the enclosed letter, Written CommentS: of our offiCe. Name of Person Commenting: Phone Number (o620- 4 4: Tigard Planning Department CONDITIONAL USE CUP 94-0001 HUGHES/HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 lAC, tax of 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 33.130. ZONE: C-P (Professional Commercial) The C-P zoning designation /Allows public agency administrative services, public suppore*facilities, business equipment sales and services, business support services, financial, insurance, and real estate servites, temporary uses, and construction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your review, From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, We need your comments by Mar. 25, 1994. YoU May use the space provided below or attach a separate letter to return r-air comments. are •2resond b the above date please phone the taff contact noted beloW with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF' CONTACT: Victor Adonri PLEASE CHECR THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact • of our office. Please refer to the enclosed letter. Written Comments: ame of Person Commenting: Phone Number: 0040/440 Sesaol"aiLIAilft)134 • ,...rospo —de:JO 0.06110C\ OS Rgogg FO A COMMENTS DATE: March 15 1994 FROM: Tigard Planning .Department RE: CONDITIONAL USE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 lAC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 1*.102, 18.106, 18.108, and 18.130. ZONE: C-P (Profeesional Commercial) The C-P zoning designation allows public agency administrative services, public support' facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your review, From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 25, 1994. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to res ead_hy the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If yoU have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it Please contact Please refer to the enclosed letter. Written Comments: of our office, Phone NUMber: DATE: March 15 1994 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 1AC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractx,r's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130. ZONE: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative services, public support'•facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and conestruction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision Will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 25, 1994. You may use the space provided below or attach a separate letter to return your comments, yfouaretmthittsz/Emod by_the above date please phone the staff contact noted below with your comments and confirm your comments in Writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171, STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office, Please refer to the enclosed letter. Written Comments: Name of Person Commenting: --""e=4a *4.00001e4F' Phone Number: `.4i(D-12L:tfEL__ CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION 7035 SW Elton Street TAX MAP AND1TAX LOT NO.....sectimu_a_12s_a1444414__ i A c 1±LL, SITE SIZE ..1Earoltimatel 2 PROPERTY OWNER/DEED HOLDER*, Co/ 006,e. ADDRESS _glia_5_1_,L01.__tta ak-pHoNE CITY .....A0est jtMJ ZIP APPLICANT* kj(iittighes ConstrUgilsa„Inc, do Philip Grillo ADDRESS 3.19 sw liashingta4.4920_ PHONE CITY _Ptarkland,_LB ZIP _9=4 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application, Lu 2. PROPOSAL SUMMARY The owners of record of the subject property request conditional Use approval to allow FOR STAFF USE ONLY CASE NO.c_g_6°1 OTHER CASE NO'S: /00106 RECEIPT NO. APPLICATION ACCEPTED BY: _111, DATE: Appli9ation elements submitted: ) (B) (G) Application form (1) Owner's signature/writteu authorization Title transfer instriment (1) Assessor's map (1) Site plan (pre-app.checklist) Applicant's statement (pre-app. checklist) Ugt-eg-propeaers-and addrugnrs-w±tiri-n-2-50-feet-eO Filing fee (365) CorletrUction ContractorairawilionaLatices. FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: 1>KO ADII-L COW a6.1q2L Hearings Officer Approval Date: Final Approval Date: Planning Engineering 0736P/23P Rev'd: 3/88 • 3. List any variance,, sensitive lands permit, or other land use actions to be considered as part of this application:._ Rom � • 4. Applicants: To have a complete application you will need to submit attachments dericribed in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above re uest does not violate any deed restrictions that ma,► be attached to or im osed up®n the sub ect ro Eta 'B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the attachments, applicants application, false. above statements and the statements in the plot plan, and exhibits transmitted herewith, are true; and the so acknowledge that any permit issued, based on this may be revoked if it is found that any such statements are D. The applicant has read the entire contents of the application, the policies and criteria, and understands the requirements for or denying the application. DATED this_ _ day of r. SIGNATURES of each owner (eg. htbsband and wife) of the subject property. Joseph Hughes Construction (KSL :pm %0736P) 4 'bME 4 SRI L11) 1 PI `i r.,_.1:,.1, P t 4DPFA4aF 314SW WAt`3HI4'i1W PO RI LAND $ UR u 7;;043+. -w • REM I PI OF PA YMF N i • R ' ;I , I P1' 114a. • x • °'4 s2 ' d,. ►tH AMOUNT a u }„ oo t;:(U13 PXVJ1 i£014 JOR UM (.rr P(VMi NT • MOON I f4.1 PO PU1 E OF P 4Y MEN 'r y'w�eyi.;ai,NWLWipbaWN11='aia. ailltWN�t''eild:tw•ANM+IH�a (414D u X (atPPL C„OflP19.4« (00 Vi•• wU:euu�draana ti�- i, �ww�wvL ...avwnaswiw,u�.wsraeywxio .wuw.uw�aMtewwu� y AM ON &`. IwLkUU�sNanaratN4w ::4N�- 4'+I�H+H+Nl4iMMw*'M• OT fir.. AMOUN i PAID • March 9, 1994 Mr. Victor Adonri City of Tigard Community Development Dept. 13123 SW Hall Elvd. Tigard, OR 97223 PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 RE: Joseph Hughes Construction inc./Conditional use Permit, Dear Victor, I am writing to follow up on your request for certain specific materials as described in the pre-application checklist for this case. I have included 16 copies of Revised Exhibit 4 (Site Plan) and New Exhibit 9 (Floor Plan), For your reference, I am including a list of the specific materials that were checked on the pre-application form, and providing you with a narrative reference for each item, as follows: SPECIFIC MATERIALS A) 1) Vicinity Map (See original application, Exhibit 7). 2) Site site and dimensions (See original application, page 1), 3) contour lines (See original exhibit, page 6 Site is essentially flat), 4) Drainage patterns, courses and ponds, (None. Impervious surfaces drain to street), 1) Other site feature8: a) Trees with 6" caliper measured 4 feet from ground level (See Revised Exhibit 4) , 1 10) Existing utilities and easements (No easements known. Utilities presently serve the site - no changes proposed). 11) Existing dedicated Right-of-Way (Approximate location of Right-of-Way is shown on Exhibit 5 and Exhibit 6. Exact locations must be verified by the City of Tigard). P 7 0, - ,..1!.• A , . 1) Site and surrounding properties (See original application, Exhibit 6), 2) Contour lines (See original application, Exhibit 6). 3) Location, dimensions and names of all: a) Existing streets and easements (Street are shown on Exhibit 5 and 6. No easements are known to exist). b) Proposed streets and easements (None). 4) The location and dimension of: a) Entrances and exits (See site plan Exhibit 4 as revised 3/8/94). b) Parking and circulation (See site plan Exhibit 4 as revised 3/8/94). c) Loading and services areas (See site plan Exhibit 4 as revised 3/8/94). d) Pedestrian and bicycle circulation (See site plan Exhibit 4 as revised 3/8/94). e) outdoor common areas (None). f) Above ground utilities (None). 5) The location, dimensions and setback distances of all a) Existing permanent structuresi improvements, utilities and easements which are located on the site and on adjacent properLy within 25 feet of the site (See Exhibits 5 and 6). Proposed structures utilities etc. (None). 7) Sanitary sewer ireaay changes). Landscaped areas (See Revised Exhibit 4. areas not covered by impervious surfaces landscaped. See page 9 of narrative discussion). Lighting (See Revised Exhibit 4). 11) Structures and orientation (See oriQ Exhibit 6). C) firalIng_slani (None. No grading proposed) krabitaatural—Utaxinual Floor plan and square Exhibit 9). 2) Typical elevations (None is a 2 story, and does height limitation). a) LAULICAPL_21=1 Irrigation (Plant material is established. None needed). Buffer areas and screenings (See Revised Exhibit 4. None proposed). c) Liocation type size species of existing plant materials (No new landscaping proposed. Existing trees shown on revised Exhibit 4). Signs (None proposed with application). Please contact me if you have any additional questions concerning the completeness of our application. Please note that we are not proposing any changes to the existing improvements on the site. We are simply replacing one office 11-4e with another. footages (See New submitted. Structure not exceed 75 foot Sincerely, Phillip , Grillo Attorney at Law February 1, 1994 Mr. Richard Bewersdorff City of Tigard Community Development Department 13125 SW Hall Blvd. Tigard OR 97223 RE: Conditional Use Permit Application PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 Phone: (503) 224 -3609 Facsimile: (503) 228 -6032 Cellular; (503) 7994576 Dear Mr. Bewersdorff, Enclosed please find a check for $355.00 and copies of the supporting documents for the Joseph Hughes Construction Inc. Conditional Use Permit Application. Once you have reviewed this information please confirm with me that the application is complete. As always, pleases feel free to contact me if you have any questions, Sincerely, Ph`llip . Orilla Attorney at Law PEG /plg errclosut;es 111( ,o -4A --.., • • • • CONDITIONAL USE PERMIT APPLICATION FOR JOSEPH HUGHES CONSTRUCTION, INC. Submitted by: Philip )8, Grillo 319 S.W. Washington Street Suite 920 Portland, OR, 97204 224-3609 Hughes Conditional Use Permit Pebruary 1, 1094 • • • • I. INTRODUCTION A. Background The applicant, Joseph Hughes Construction, Inc., requests approval of a Conditional Use Permit that would allow an existing office building located at 7035 SW Hampton, in the city's Professional/Administrative (C-P) Zoning District, to house the professional offices of Joseph Hughes Construction, Inc, The applicant recently secured a zoning code text amendment (Ordinance 93- 28), which defined and added "Construction Contractor's Professional Offices" to the list of Use Classifications in Chapter 18.42 and added "Construction Contractor's Professional Offices" to the list of conditional uses permitted within the C-P (Professional/Administrative Office) Zoning District, The effective date of Ordinance 93-28 is November 12, 1993, This application is being submitted to secure final land use approval for the relocation of the professional offices of Joseph Hughes Construction, Inc., using portions of the code that were amended by Ordinance 93-28, B. Description of the Site and Surrounding Area The site is located at 7035 SW Hampton Street, The site is comprised of two separate lots, namely fax Lot 1100 and Tax Lot 2000, in Section 1 of T2S It1W (W,M.). Tax Lot 1100 is rectangular in shape, with front and rear lot dimensions of 115 feet, and side yard dimensions of approximately 154.42 feet, Tax Lot 1100 contains an area of approximately 17,758 square feet. Tax Lot 2000, is immediately east of Tax Lot 1100, and is a 2') foot wide strip of land running the full depth of the parent lot. Tax Lot 2000 is roughly 3,088 square feet in size, It appears that Tax Lot 2000 was created by the partial vacation of SW 70th Avenue, which is currently a platted but undeveloped street east of the subject site 70th Avenue is a developed but dead-end street south of Hampton. However, it does not appear that the city has any plans for the development of 70th Street north of Hampton, since various portions of the 70th Avenue right- of-way have been vacated, and there are no parcels or lots between Hampton and Gonzaga, which rely on 70th Avenue for access, 70th Avenue does not extend north of Gonzaga Street, Therefore, in the area adjacent to the site, SW 70th Avenue appears to be a remnant of a previously envisioned development pattern, and the street no longer seems to serve any existing transportation related purpose, In total, the site is comprised of approximately 20,846 square feet, The site is virtually level and contains no sensitive lands, Vegetation on the site consists mainly of grasses and ornamental trees, Physical improvements on site include the existing office building, asphalt parking lot, landscaping and street frontage improvements including sidewalks, curbs, curb cuts and street trees. The site is located in the southern portion of the Tigard Triangle, east of 72nd Avenue, north of Highway 217 and west of I-5. The area is zoned C-P, and the I-Iughes Conditional Use Permit 1 , ilebruary 1, 1904 neighboring land uses to the south and west are office - related, To the north, residential uses exist, To the east, across the 70th Avenue right•of,.way, is what appears to be a mixed residential /office use C. Summary of the Proposal The applicant is proposing to relocate its existing construction contractor's office from its present location at 10170 SW Nimbus Ave, in Tigard, to the office building located on the site at Hampton Street, No exterior changes to the structure or to the grounds are being proposed. The present office building on the site contains approximately 2,824 square feet of usable commercial office space, with approximatel Bo Site Development Review Standards Section 1, 8,120, 180 of the Tigard CDC provides that: The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application 1, Provisions of the following chapters; a. Chapter 18.84, Sensitive Lands; b. Chapter 18.94, Manufactured/Mobile Home Regulations; c, Chapter 1892, Density Computation; d. Chapter 18,144, Accessory Use and Structures; e, Chapter 18.96, Additional Yard Area Requirements; f Chapter 1898, Building Height Limitations: Exceptions; g. Chapter 18, 100 Landscaping and Screening; h, Chapter 18,102, Visual Clearance Areas i. Chapter 18.106, Off Street Parking and Loading j, Chapter 18, 108, Access, Egress and Circulation; Chapter 18.114 Signs; 1, Chapter 18, 150, Tree Removal; and in. Chapter 18.164, Street Utility lrnprovetnent Standards. 2. Relationship to the Natural and Physical Environment: 3, Exterior Elevations: 4; Buffering, Screening and Compatibility between Adjoining Uses: 5, Privacy and Noise: 6, Private Outdoor Area: Residential Use: 7, Shared Outdoor Recreation Areas: Residential Use: 8, Development Adjacent to .Ploodplain: Hughes Cos'Itte thiX Use Permit February 1, 1994 9. Demarcation of Public, Prnipublic, and Private Spaces: Crime Prevention: 10, Crime Prevention and Sfety: 11, Access and Circulation: 12. Public Transit: 13. Parking: 14, Landscaping: 15, Drainage: 16. Provision for the Handicapped: 17, Signs: 18, Provisions of the Underlying Zone: ANALYSIS OF THE REQUEST Conditional Use Criteria 1. The site size and dimensions provide adequate area for the needs of the proposed use.; Findings: The minimum lot size for the C -P Zone is 6,000 seq. ft.. The site is approximately 20,846 sq. ft., and is already developed with an office building and associated improvements that meet the site size and dimension requirements of the underlying zone. The applicant's proposed use will function in the same way as the existing professional offices currently locates in the structure. Therefore, this criteria will be met, 2, The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; Findings: The site is flat and has no known natural features. A variety of ornamental trees and shrubs have been planted on the. site and serve as landscape features. The size and shape of the parcel currently accommodates ; the exinecessary tingoffice es use o and no exterior modifications to the site p p t this time, Therefore, this criteria is satisfied, 3, All required public facilities have adequate car n ^ity to serve the proposal; Hughes Conditional Use Permit 4 p'ebruary 1, 1904 Findings: The site is currently served by public sewer and water, PGE and General Telephone provide electricity and phone set vice to the site. The existing levels of service are adequate and no changes to service demands are expected for the proposed use. 4. The applicable requirements of the zoning district are met except as modified by this chapter. Findings: As noted above, the applicable use and dimensional requirements of the C -P Zone are satisfied by the proposed use. 5. The supplementary requirements set forth in Chapter 18,114, Signs and Section 18.120.180, Approval Standards, if applicable, are met; and Findings: The requirements of Chapter 18,114 and Section 18. 120, 180 are specifically addressed below. These standards will be met, 5, The use will comply with the applicable policies of the comprehensive plan. Findings: During the process of obtaining a zoning text amendment to allow the proposed use in the C -P Zone, the applicant demonstrated to the Planning Commission and City Council that Construction Contractors Professional Offices are compatible with the applicable policies of the comprehensive plan. The City Council adopted the applicants proposed findings in this regard, and the applicant has provided a copy of those findings in support of this conditional vse request, (Attached as Exhibit 1), In addition, the Site Development Review q re uirements and findings, referred to below, demonstrate that the proposed use will b co m s atible with surrounding uses. For these reasons, the p rop osed use will comply with die applicable policies of the comprehensive plan. B. Site Development Review Standards Section 18.120.180 of the Tigard CDC provides that: The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application , 1. Provisions of the following chapters: a. Chapter 18.84, Sensitive Lands; Findings: The site does not contain any sensitive lands. Therefore, this provision does not apply. b. Chapter 18,94, Manufactured/Mobile Home Regulations; Hughes Conditional Use Permit S February 1, 1994 Findings: The proposed use will be located in the existing stick- built office located on the site Therefore, this provision does not apply. C. Chapter 18.92, Density Computation; Findings: The purpose of this provision is to regulate the number of dwelling units permitted on a particular site Since the proposed use is a commercial rather than a residential use, this provision does not apply. d, Chapter 18,144, Accessory Use and Structures; Findings: No accessory uses or structures are proposed at this time, although it is anticipated that at some time in the future, the applicant may request approval for an attached accessory structure for incidental indoor storage to accommodate various building materials and equipment related to the firm's construction business, However, at this time, the provisions of this Chapter do not apply to the proposed use: e. Chapter 18.96, Additional Yard Area Requirements; Findings; This application does not involve any of the situations described in Chapter 18.96, therefore, these provisions do not apply, I. Chapter 18.98, Building Height Limitations: Exceptions; Findings: 0 nonresidential zone to be built to a maximum sated in a The code allows any buildin m id height of 75 feet. The existing two story building does not exceed the 75 foot height limitation. Therefore, this standard is met. g. Chapter 18.100 Landscaping and Screening; Findings: Section 18.100,015 indicates that: "The provisions of this chapter ;shall apply to all development including the construction of new structures tine .uctures (See Subsection 18.120.020, Remodeling o f S'ructures), and to a change of use which increases the on site parking or loading requirements or which changes access requirements." Since the proposed conversion of this site from one type of professional offices to another does not involve the construction of any new structures, and since the parking and access requirements of the existing office use are the same as the parking and access requirements for the ry , proposed office use, the Landscaping and Screening requirements of Chapter 18.100 do not apply to this application. The applicant notes that the present office is extensively landscaped along the Hampton Street frontage, The Kaiser offices, west of the site, have instal'ed a hedge along their east property line, abutting the site, to sci;een the subject Hughes Conditional Use Permit February 1, 1994 • ' ! • site from vehicle parking impacts on the Kaiser lot. Along the eastern side of the site, extensive vegetation exists in the remaining portion of the 70th Ave, right-of-way. Therefore, as practical matter, additional landscaping and buffering is not needed on the subject site. h. Chapter 18.102, Visual Clearance Areas Findings: None of the landscaping in the Clear Vision Area exceeds 3 feet in height, except for the two street trees along the Hampton Street frontage, which have been properly maintained so that branches below 8' have been removed. Therefore, this criteria has been met. i, Chapter 18.106, Off-Street Parking and Loading Findings: The code requires one space for every 350 feet of floor area. As noted above, the s;te contains 2,824 feet of usable commercial office space; with 2,341 sq, ft. on the first floor and 483 feet on the second floor. The site currently has eight striped parking spaces, which equals one space for every 350 sq, ft. of gross floor area. Furthermore, since the parking requirements for the existing use are the same as the requirements for the proposed use, Section 18.106.020 E 1 provides that no additional parking shall be required. Landscaping requirements have been addressed above in Section 18,100. j. Chapter 18,108, Access, Egress and Circulation; Findings: The existing office use has an access drive that has been in place for a number of years. The applicant proposes no changes to the existing access at this time. Because of the arrangement of the existing parking, a standard sidewalk from the street to the building is not practical. Instead, the applicant will stripe a pedestrian pathway from the street sidewalk to the entrance of the structure, as required by the code. Therefore, the standards in this Chapter will be met, k. Chapter 18,114 Signs; • Findings: The existing sign on the property conforms to the current code requirements, The applicant may remove the existing sign in the future. If the existing sign is removed, a new sign will be designed to conform to the applicable standards. I. Chapter 18,150, Tree Removal; and Findings: No tree removal is proposed. Therefore, this criteria will be met, m. Chapter 18.164, Street L'ality Improvement Standards, Findings: As noted at the Pre-Application Conference, the Hampton Street frontage is fully improved except for overhead FIUghe8 Conditional Use Permit 7 February 1, 1904 utilities. The applicant will agree to pay $27.50 per foot of street frontage, in lieu of under grounding utilities, Therefore, this criteria will be met. 2. Relationship to the Natural and Physical Environment: Findings: The proposed use does not involve any exterior changes to the existing building. Therefore, this criteria is mete 3, Exterior Elevations; Findings: This criteria does not apply because the proposal does not involve residential uses. 4, Buffering, Screening and Compatibility between Adjoining Uses: Findings: The proposed use does not require any additional g screening ed office ,use` g uses, buffering or screenin between it and the adjoining because the impacts from the proposed will be identical to the impacts currently experienced from the existing office use of the site, which are minimal, 5, Privacy and Noise: Findings: On site uses will be substantially similar to the office uses that take place on the site now, Therefore, it is not expected that the proposed use will create any additional noise or glare, This criteria is met. 6, Private Outdoor Area: Residential Use: Findings: This criteria does not apply to commercial /office uses 7. Shared Outdoor Recreation Areas: Residential Use: Findings: This criteria does not apply to commercial /office uses. 8. Development Adjacent to Ploodplain: Findings: The site is not located in or adjacent to a floodplain, This criteria therefore does not apply. 9, Demarcation of Public, Semipublic, and Private Spaces: Crime Prevention Findings: The landscaping of the site tends to define and separate the public street and sidewalk, from the semipublic areas in the parking lot, from the private areas along side and behind the offices building. This criteria is met, Hughes Conditional Use Permit g February 1, 1994 Findings: Windows in the front, side and rear of the building provide occupants with the ability to survey vulnerable areas. The mailboxes are located along the street right -of -way, as required by the Postal Service. The site is well lighted in areas where pedestrians and vehicles access access the building. Overall, this criteria is met, 11. Access and Circulation Findings: The site contains one access point as required in Section 18.108.070. Emergency vehicles can easily access the site. This criteria is met, 12. Public Transit.' Findings: Kimberly nearest transit service Avenue. Therefore, does not require any Know. with Tri -Met indicates that the is at the corner of Hampton and 72nd the site is generally accessible to transit but on site transit facilities. 13, Parking: Findings: Parking requirements have This criteria has been met. been addressed above. 14, Landscaping: Findings: The landscape requirements of Section 18.100 have been addressed above. It appears that roughly 75% of the gross site area is currently landscaped with grass, shrubs and trees. The site contains approximately 20,846 sq.ft, The building ft and the parking and other footprint is approximately 2,400 sq. ft. P P r ft for a total paved areas comprise approximately 2,700 sq. or .p.. approximately 15,746 landscaped ft., leaving the developed area of approxi remainder of approximately 15,7 p yard area Therefore, this criteria has been met, 15, Dr=ainage: Findings: Since no new development is proposed, the existing drainage pattern will not be changed, This criteria is therefore satisfied. 16, Provision for the Handicapped: Findings: . Based upon the o mhe a tsist received the p s will pre- application conference, one o existing parking . p be designated as a disabled person ace, The applicant notes that j ORS Chapter 487, referred to p in :the code, has been repealed. Provisions relatin g to parking for disabled persons are now found hi ORS Chapter 81.1, These provisions will be complied with as required, . pebrttary 1, i�yd Hughes Conditional Use Permit Findings: See findings under Chapter 18.114. This criteria will be met. 18. Provisions of the Underlying Zone: Findings: As noted above, all applicable use and dimensional requirements of the underlying zone are met. IV. CONCLUSION Based upon the information contained within the application, all applicable criteria and standards have been or will be met, Therefore, the requested conditional use permit should be issued to allow the existing commercial office building to be converted to construction contractors professional offices. V. EXHIBITS 1. Findings regarding comprehensive plan policy compliance (Adopted by Tigard City Council in Ordincance 93-28). 2, Land Use Notification documentation. 3. Pre - Application Notes 4, Preliminary Site Plan 5. Assessors Map 6. Land Use and Topography Map 7. Zoning and Vicinity Map 8. Addresses of property owners within 250 feet Hughes Conditional Use Permit 10 February 1, 1994 '' �v' a s r rt =� r 3° r - EA { R`` 40 4. Applicable Comprehensive Plan Policies and Map a. Policy 1.1.1(c) Einitinsal This policy underscores the need to keep the Tigard Comprehensive Plan and Community Development Code current with the needs of the community. In keeping with this policy, the applicant proposes this zone ordinance amendment to allow for greater utilization of land in the C P zone compatible with the purpose of the zone itself. b. Policy 2 1 1. `rwslins...sl This policy addresses Statewide Planning Goal 1: Citizen Involvement. As discussed earlier under Goal 1, citizens will be involved in all phases of the planning process, including the application for the amendment, related public hearings, and any subsequent conditional use permit processes. c. Policies 3.2.1 - 3.2.4 Einciis21. These policies address the need to control development within the 100 year floodplain and on land with severe physical limitations. The proposed amendment Will have no impact on the availability of open spaces, nor will it increase the amount of land subject to natural hazards. Since the amendment merely requests that a new definition and category of use be added to the list of conditional Uses within the c-P zone, outside of the 100 year floodplain, no new hazard will be oreated. Furthermore, the d4 zone, primarily urthin the Tigard Triangle, is neither steep in Hughes Zoning Code Text Amendment Page 11 Auquot 9, 1993 k • character nor is it marked by significant habitation of wildlife Therefore, this amendment will not impact erosion or open space \greenway policies. d. Policy 4.1.1(a) E.nsda.n This provision requires the city to maintain and improve the integrity of Tigard's air quality. The proposed amendment allows, as a conditional use, a construction contractor's professional offices (including indoor storage of equipment) to be located in the C -'P zone. The C-P zone is located between three major highways, making transportation convenient, economic, and therefore less pollution -producing. While this single zone ordinance amendment may only produce minor gains, it represents an integrated approach to the land use fair quality inter- relationship. e. Policy 4.3.1 indin S, This policy sets forth the city's approach to noise pollution problems. The proposed amendment will not have a significant impact on the levels Of noise pollution within the C zone. The definition of "Construction Contractor's Professional Offices" clearly contemplates only the indoor storage of equipment, in keeping with the surrounding office environment. Furthermore, during the conditional use permit process, the site plan and site- specific limitations of any proposed construction contractor °s professional offices can be examined for potential noise issues. c.. Hughee Zoning Code TeXt Amendment Page 12 Attgti Ut 9, J.3 ' �. Policies 5.1 • 5.6 tindinggJ These provisions of the ComprehensiVe Plan address the city's need for ongoing economic development. In the Findings of this section, the city acknowledges that: A significant amount of commercial buildable land is available for development. Most of this land is concentrated in the Tigard Triangle area. A core problem facing the City is lack of buildable land designated for industrial use. Tigard Comprehensive Plan, p. II-29. The city further acknowledges that the C -P land in the Tigard Triang ..le that is developed with si 1- Co g. Policies 7 1.1-7.12.2 Lialitacal The proposed zone ordinance amendment will have no impact upon the public facilities and services of the city. The amendment essentially redirects development towards a better location. In this case, that location is the C-P zoning district that the city identifies as being Under-utilized. The C-P zone is also fully served by all utilities, and the proposed amendment will create no atiditlonal drainage, water, or sewer problems. h. Policies 8.1.1 - 8.1.7 ijacanaaL These policies address the transportation problems facing the city. The city recognizes the need to complete the collector street system within the Tigard Triangle, where the C-P zone is largely located. onethelesso the proposed amendment Merely creates another category of conditional use. Any further development that my occur within the definition of "Construction Contractor's Professional OffiCes" must go through the city's conditional use permit process. Traffic issues will be approached on a case-by-case basis and, as previously discussed, the integration of construction contractOr's offices and indoor equipment storage Within the Tigard Triangle may even reduce the economic and environmental problemS associated with automotive transportation. Hughes ZOnIng Code Tett Amendment LEGIBILITY STRIP • A i . . • 1. Policy 9.1.2 D+. nd TI : This provision inter- relates land use planning, transportation, and reduced energy consumption. As presented above, the location of 1Construction Contractor's Professional Offices" within the C-P zone will allow for convenient and economic transportation for pr: fessionals who must often use major highways to 'get to job- sites. Energy consumption can be reduced through adoption of this proposed amendment. ,I. Policy 11 4.2 jad _ng's . This provision conditions further commercial development within the Tigard Triangle on certain roadway improvements. This condition, however, has exceptions that apply on a case --by -case basis. This Comprehensive Plan Policy will therefore be addressed when an applicant seeks subsequent conditional use approval, at which time, the various e2ceptione may be applied. k. Policy 12.2 ind n s.Z This policy sets out locational criteria for commercial development. Since the proposed amendment merely creates another commercial use cateeory, it complies with these criteria. The co]' ciitional use permit process will insure compliance with these Site specific factors. H lgttea Zoning Cade Text Amendment Page ].a ""...., AUgUat 90 199 • 5, Applicable Provisions of the Implementing Ordinances a. Section 18.64.010 L i a d j A g a L This section sets out various purposes of the city's C P zone. One of the more specific purposes is to provide for business and professional services in close proximity to major transportation facilities. By allowing construction contractors to locate their professional offices within the C-P zone, these bUsinesses will have better and more direct access to major transportation facilities, thereby reducing vehicular trips on less appropriate transportation routes. In addition, since Construction Contre,Itor's Professional Offices function in the same way as other professional offices, they are compatible With other C-P uses and will be supportive of uses permitted in the zone. b. Section 18 42 020(C)(11) Einclipmal This section defines "Professional and Administrative Services". This definition refers to offices which are used primarily for "professional, executive management or administrative offices, legal offices, architectural, or engineering firms." construction Contractor's Professional offices typically house administrative services and function as would any other professional office. Hughes Zoning COde Text Amendment Page 16 moat 9, 1993 • LEGIBILITY STRIP 6. Proof of a Change in Community or Inconsistency in the Comprehensive Plan finsiggi The applicant has demonstrated above that there is currently a gap in the code which tends to categorize all building contractor's offices as "Construction Sales & Service" uses, even though some building contractor's offices function as professional and administrative offices. The proposed code amendment remedies this inconsistency in the code. ra CONCLUSION The applicant has worked with the city's planning staff to develop a definition of "Construction Contractor's Professional Offices" that will distinguish typical building contractor's offices from those contractors who are large enough to require Separate space to house their professional and administrative staff functions. No witdoor storage will be allowed and the proposed use will compliment the existing range of uses currently permitted in the C-P zone. By allowing "Construction Contractor's Professional Offices" as a conditional use in the C-P zone, the city will be able to review each request on a case-by-case basis through the city's conditional use process. This Will help insure that the proposed Use will be compatible with the surrounding area. Overall, the proposed amendments help fill an important gap in the city's development code, thereby correctly categorizing certain construction contractor's offices in a Manner that is similar to other professional and administrative offices. HUghes Zonirig Code Text Amendment `:. Page 17 AUgUat 9, 1993 6,4 Oa• ,O 1 03-15-1994 10:32 503 cJ 5295 JOSEPH HUGHES ,:ST. JOSIER011 NIMES CONSTRUCTION° INC. GENERAL CONTRACTOR (503 4:7100 P . 01 TRANSMITTAL AWN: orL. FAX #: Z5(st We rranstnit Via the Following: LETTER(S) PROPOSAL/QUOTATION BUDGET ESTIMATE Pages Transmitted Including this Page. CHANGE ORDER REQUEST(S) PLANS/SPECIFICATIONS CHANGE ORDER(S) SUBMITTAL(S) CONTRACT(S) • .. 5-4 " • vr A • " nivzownr, • 1* ., , . 1.4,1-t ,,, ..., m. ., . ' RNY • ■ ' ■: .. " , '' ,..... 4 . . . . . , FOR YOUR APPROVAL FOR YOUR REVIEW & COMMENT 0 PER YOUR REQUEST FOR YOUR SIGNATURE FOR YOUR USE FOR YOUR ACTION FOR QUOTATION Plante Rotten _ Signed Originals. ....,..444,4444.464.4-44444.....464.4.4.4U4,44+64•4401$14. 44.44....4.4414■44.4.4annommnammaimusarmortain „ • ' 036 SW Hampton � Tigard, Oregoh 97223 • FAX (600 6844520 0 03-15-1994 10:33 Diroamber 29, 1993 Charles Mpg Subject: Sale a althlica (unit ard mos Wawa bens signed an eacuset isamy agraeleant to puchaave the baildirg at 7035 S. W. am Mewl fro Wept= Marto= tto are am= tit* building on e olx6reat pultheffe tzcza Chwlso Eragal dated Mammy 23, 1995. • It in their interitism 12) pay 855,=.00 as 61714010Pent tha balance am U e awing af thair financim i4th their !mak not later eon Ally 7, 1994, at ‘kiaich tizo the undiscaigned liseptora Partnins will 1;eir the coot balm= BtLU oteim to Segal in the atm* of $96,000.00 plus (WW1% or OM still meg; gran 1990 lard 1991. It is agreed that the tate, wawa to ba gait! to Me. Ekage1 t ths final calming of ea sale tzeintaction not latatr then 1y 7, 1994, will be $980500.(X) 1eas the; eacunt 14. L9gral mim; trot the iii 674nparefit idhiA: is to be 635,CO3.00 leaving a =tract Wars* to ha paid by thilicbran Partnara tO Mr. Hagal in that aeamt of $63,500.00. It is \expreasly toderetood that this is a diels satabiliehsd by Mr. Piughas (the "Ewer") =I is not under tha control of Haupt= Peztrare. The tend Wale Mottract dated January 23, 385, malted Jemmy 28# 385 as Awarder's nas 0054127 mains the birding Nreerent batmen Charles C. Flagg anCe M. 116261, sallers end 1.13sottn Plaza Partnere, buy, stated in said Contract. za Partners .10040000 .1 03-15-1994 10:33 503 5295 JOSEPH HUGHES ST. P.03 lialsk-mrtsszTjut e7Ct This contract is mg,* and entered on this L::: day of January, 1994 by and betweenmNampton Commons PartnerS(the "S,11er") and Joseph G. and Chloe B. Hughes, as tenant o in common (the "Buyer"). *RAMON PIMA FAMERS, an Oregoa Partnership, doing business as: Whereas, Seller desires to sell and Buyer desires to buy that certain real property, togther 4th improvements thereon, located at 7035 S.W. Hampton Street, Tigard, Oregon (the "Property") and more fully described are follows: Lot 1/, Beveland No 2, together with that portion of vacated S.W. 70th Avenue inuring thereto by reason of ordinance No. 85.250 Washington County, Oregon. Whereas the parties by a sale agreement and receipt for earnest money have agreed to the sale of the Property, and wish to memorialize the terms of their agreement. The parties have entered into the following mutual covenants, term, and condition: 1. e Buyer agrees to pay to the Order of Seller the eUm of Two Hundred Eight Thousand Fifty and No/100 Dollars ($208,050.00) payable as follows: a. $5,000,00 paid as earnest money? delivered ad paid at closing. b. $50,000,00 payable at cloeing, 0. The balance of the contract, $153,050.00 Shall bear ihterest thereon at the rate of 10% per annum from the date of this contract until fully paid. Interest only shall be paid in monthly installments of not lees than $1,275.00 per month. The first payment of interest shall be due 30 day % after the date of cloming, with all subsequent paymehts on the eame day of each month thereafter for a period of six month, at which time the full amount of interest and principal shall be due and payable. Whereas the Property ie subject to a land sale contract dated January 23, 1985 and recorded Fee No 221228 Washington County? Oregon by and between Hampton Partner, as buyer. and Charles C. Hegel and Joyce M. Hagel, husband and wife, aa The Seller eovenaate and agree to pay the then remaining balance ®f the contract upon payment of the balloon payment on or beforeaimmmeN*46-e-10957. vZstkk n 'OVAL( which shall be • . 4 f 03-15--1994 10:34 503 5295 JOSEPH HUGHES •ST. P.04 2. filah=dillati2L..12..BASCL...c..MU3 GI. The parties agree that at all times this contract shall constitute a lien or encumbrance subordinated to the contract entered into between the Hampton Plaza Partners as Buyer and Charles and Joyce Hegel as Sellers recorded in Washington County, January 28, 1985 Pee 221228. The terms of which are a part of this contract. 3, ghliSSZAWA.Z9....W Seller covenants that Seller will pay when due all payments required under the contract described in Paragraph,2 of t'A'As Contract and the debt instrument which it secures and wial obey all terms of such instruments, except us te those matters . which are to be performed by Buyer under this Contract. If either Seller or Buyer should receive notice of breach of any of the terms of such instruments, the party receiving the notice shall immediately forward a copy of such notice to the other party. In the event Seller fail to perform any obligation or fails to make any payment required by such inotrumente, Buyer shall have the right to correct the default or make any part or all of the payment due to Seller under this Contract directly to Hegel until Seller's obligation is satisfied. Buyer'e out.of pocket cost in performing Seller's obligations shall be credited to the next installments coming due under this Contract a though paid directly to Seller. 4. Tsa Property taxes for the property 7-or the, current tax year shall be prorated between the particle as of the closing date, and shall be paid in escrow. Thereafter, Buyer agrees to pay all taxes hereinafter levied and all public and municipal liens and assessments hereafter lawfully impo9ed upon the property all promptly and before the eam of any part thereof become past due directly to Seller, and Buyer agrees to hold Seller forever harmless from any such taxes or aactessments which hereafter become due and owing on the Property from and after the date hereof, In lieU of declaring a default, Seller may pay any delinquent taxes owed by Buyer and such sums shall automatically be added to the principal owed Seller pursuant to Paragraph 1(c) above, g. Inautaaaft BUyer agrees to obtain an all-risk insurance policy, ih form satisfactory to Seller, insuring the Property against loss for the full insurable value of the Property, and in no event shall the face amount of the insurance policy be less than $16,000.00. Charles and aoyce Hegel, shtll be tamed 40 additional loes payee on sUch policy. Buyer agrees to keep and maintain such policy of insurande in full force and effect during 4 03 -15 -1994 10 :35 503 4 5295 JOSEPH HUGHES „.;,,,ST. P.05 the term of this contract, and further ,gees that, upon request it will provide Seller with satisfactory proof of insurance and a binder of insurance upon closing. 66 kausagim Buyer shall be entitled to possession of the Property on the date of this Contract. Buyer agrees that at all time it will keep the buildings on the Property, now or hereafter erected, in good condition and repair and will not permit any waste or strip thereof provided, however, that Buyer intends to erect a new building on the Property to replace the existing building, and Buyer shall be allowed to demolish the existing �, / s prior written consent, replacement consent shall upon building upon completion of such re lacement building a n obtaining Seller's not ent, be unreasonably withheld. Buyer further agrees that it will keep the Property free from mechanic's and all other liens and enure the Seller harmless therefrom and reimburse Seller for all costs and attorneys fees incurred by them in defending against an Such liens, that it will a ali taxes hereafter levied against the Property, as well ae all water rents, public charges and municipal liens which hereafter lawfully may be imposed upon the Property,, all promptly before the same or any part thereof become past due. Seller agrees that when the he purchase price is fully paid a ®a bo�esst forth j and upon r equest and aurread ®r of this is Contract, Seller will deliver a statutory warranty deed conveying said premises � e unto. the Buyer, its oheire did 1.n fee simple assigns, free and clear of all. encumbrances as f date hereof, and free and clear of encumbrances since said date P permitted arising by through, or under Seller, a excepting, perhowever�al,l liens and encumbrances created by the Buyer, its agents or assigns 8 . 1r . 01:4 cna Aeld,S nk No interest of the Buyer in this contract or in the Property or rights of the Buyer hereto shall be assigned, ... transferred, voluntarily or involuntarily, or otherwise but riot, limited to, any encumbrances �.niol.0 y� g' ' y� � _ a which ate not subordinate to this Contract, a... conditional assilease nmentoo period of three years longer, , �' of option .. P without about the prior . on to purchase., �; vendee', s interest �r an o t�,hch .consent shall not be written consent .of Seller, w unreasonably . _ , Understood that Seller Withheld. p y It is ex teas u p ...e f�. stability of upon a review of �� i nanc:�al o d transferee, I ' may condition son,®ent consent is not ore v �n the event Seller's c the prep eras= obtained as here .nabo a set forth, all principal: and interest 03-15-1994 10:35 503 • 5295 JOSEPH HUGHES shall become immediately due and payable upon any such transfer at the option of the Seller. 9. ialtaUll It is understood and agreed between the parties hereto that time is of the essence of this Contract. In case Buyer shall fail to make the payments above reqUired, or any of them, within ten (10) days of the time such paynents are required to be made and after written notice thereof, even though the service charge met forth in Paragraph 1(d) above is also paid, or should Buyer fail to keep any other agreement herein contained upon Seller giving Buyer twenty (20) days' written notice thereof, then the Seller, at its option shall have the following rights: a. To declare the whole unpaid principal balance of said purchase price with interests thereon at once due and payable, and/or; b. To foreclose this Contract by suit in equity. In Case of any such default, all payments heretofore made on this contract are to be retained by and belong to the Seller as the agreed and reasonable rent of the Property up to the time of such default. ,Acc�eptanc® by Seller of any sum on account of any indebtedness due under this Contratt, or any failure by Seller at any time to require performance by the Buyer of any provision0 hereof, shall in no way affect Seller's right to enforce the same, nor shall any waiver by the Seller of any breach of any provision hereof be a waiver of any of the rights of Seller hereto upon default by the Buyer. 11, amillttLailammatifta This instrument does no' ; guarantee that any particular use may be made of the property eiescribed in this instrument. Buyer should chetk with the appropriate City or County Planning Department to verify approved Uses. Except as ekpressly Warranted herein, Seller makes no warranties or representations, express or implied, as to the nature or condition of the land or buildings thereon, and the sate are sold AS 10, 12. gati.X.R.ASZA2Maat This contract constitutes the entire agreement of the parties, and there have been no antecedent oral agreements or representations made, except as expressly Set forth in this Contract i The parties further agree that neither has induced the other to rely Upon any representations in cennodtion with Said . , • ; , „ ' „ ' ; :t. : 4 , , sale, and both parties acknowledge that they have sought independent advice as to their rights and obligations in connection with the purchase of the Property, as well as the terms of this contract. 13. Enf2X2Immilt In the event any it or action is filed to enforce any of the terms, covenants, warranties, or conditions of this Contract, the prevailing party shall be entitled to the actual coots of enforcement, including reasonable attorney'a fees incurred in any suit or action or upon any appeal therefrom. , 14. MIA,011ADIMA To facilitate early occupancy by the Buyer the Seller has agreed to sell the property on contract permitting the Buyer the time required to ',Acura bank financing with all diligence. At which tittle the Buyer will pay off the contract in full with no pay off penalty. Because of the change in structuring of this sale from an all cash to a temporary contract there may be a number of bills or charges which cannot be paid at closing of thio contract but remain the responsibility of the Seller. These bill a will be listed on the closing documents. Wheref re, the parties have signed this Land Sale Contract this day of Janua 1994. RS, an *mon partnership Seller: PARTNERS BUyert owl° 'ON NOIWftO Nooattoonond Aemotti WM w3sIvi3104o 1142 9111JecT =MUM UOldW20 BO osauTon 5 o Vid414ploulag6 V05 •tioulged evarra tiNdoni o nvigett uo sasulawd 000 my eiTruf avaloptps 'r uotidelS 49; 0066T 14xmluer ;0 Atip tpol eTul u0 oW 020;q ra&pottimpa FAA quoitNilouT eacc8o20; ou 010%000PriONOLLEW\TUONfaire00011 9661 'ZT 14,75t SIV,1013 NOISSIINNOO .01? CUM 'ON NOISSIVM100 WOD3HO'Orilild MAVION AVN:0“ setOrtH tidasor Aq 1,6 6 ertun ; o .45,72p erm BPSTA0Inpl? 01214 queurinaqsraT arFot3logo; eta tigeNger ;o Alunoo *wet NOD3110 O SditritS 9:�T 066T -ST -£0 Name of applicant=Subject Property: Tax Map and Lot Address or General Location..) 0 do affirm that I am (represent) the party iniliating interest in a propcised affecting the land located at and did on the day of t4Q post notice indicating that the site may be proposed for a application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted a Subscribed and sworn to, affirmed„ before one this day of Notary P My e ate of Orego 4L • oFFIGIAL afEAL MARY L. WILLIAMS NOterlY Ptialit.otigdON edirAiMitiON No, di 4oie COMmiattiON eXPintas MArtoti, IOW welemonsw.lbewswmerimwerawommirawiniiiiimomeneromoseressnrommorwrimnisimeausramoseiesknammemintsismuomiessennaNiosiiiimmeolommuramonn Will4 IN SEVEN (7) CALENDAR DAYS OP THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning (*Mon 13125 SW Hall Myth Tigard, OR 97223 4, 4 kti71441Ainoi.cit "rt .t` AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS CITY OF TIGARD 1 PX 11 i p:. o x 1 1 o b being duly depose and say hat ore 9 ...r®�..i. .r.s... ,....�uno.+ iy..e.�..... e�.iu,isi. �i � `r'N"° � Lijaslf ,elth�'.r_+.s___®. 19_21_3 S caused to have mailed go each of the pitmans on the attached list a notice of a tuning to discuss a proposed development at 7035 Ham • ton a copy of which iiotice so mailed Is attached hereto and made a part of hereof. 1 et her ate that said notice were enclosed in envelopes plainly addressed to said persons and were deposited on the date Indicated above in the United States Post Office at Por t 1 a rl d 0 gO,rl . with postage prepaid Mecum Signature �Subscribed qn .. swam to ..ore m this da / November _. . 600ii�W ��� and swam to MS�f�,f061s ��0® 6411I,i� ... .. ��.... �06A� x011 - �o .e�aiunwrrr�o�wr wi:fLHA M ;4r?t L R ,.4181114;41 � *OraY F.LSO Ci �w �C N 4. +.,Y. / CON,MMISS!C'N Nt:1.00 1611 MY.,c� OM�.�.��hwyl�;i,�: :1O�N�`.X F'1AEa) SEPT ,, II,u1 1904 f h:VoginSjoVitimail.ett Notary Public For o r e g o r my Commission Expires: t�oi �r��/ prs .eM�err�i�uis n�wrir on • James Baker 7075 SW GONZAGA ST TIGARD, OR 97223 John Beland & Anne Wanda. 12301 SW MOFFITT CT WILSONVILLE, OR 97070 Richard Carpenter Donald Pollock 10211 SW BARBUR BLVD PORTLAND, OR 97219 . Shirley Davis 4225 PENNSYLVANIA ST LONGVIEW, WA 98632 Jacob Gieszler 7070 SW GONZAGA St" TIGARD, OR 97223 J T Roth Construction In 13779 SW CHARLESTON LN TIGARD, OR 97224 Kaiser Foundation Health Plan Of The Northwes 3600 N INTERSTATE AVE PORTLAND, OR 97227 Steven & Cynthia Kolbe Tim Froelich 29781 SW TOWN CENTER LOOP W WILSONVILLE, OR 9770 John Neimeyer Commerce Plaza PO BOX 661 PORTLAND, OR 97207 Neal Nulton 7025 SW GONZAGA ST TIGARD, OR 97223 Weston Investment Co 2154 NE BROADWAY ST PORTLAND, OR 97232 3bc.1 SkUenS Ti3arti 417l.rr aerire,xn-64101.., $ tZ kietvcturk.. oa PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland. OR 97204 November 15, 1993 Phone: (503) 224-3609 e Facshnile: (503) 228-4032 James Baker 7075 SW Gonzaga street .,Tigard, OR 97223 RE: Joseph Hughes - Conditional Cellular: (503) 799-4576 Dear Interested Party: I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in =re detail with the surrounding property owners and residents. Vou are invited to attend an informational meeting concerning our proposal on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall BouleVard Tigard, OR 97223 Please note this will be an informational meeting on pgaliaLaary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you Please call me at (503) 224-3609 if you have any questions. PHILLIP E. GIULLO, P.C. Attorney at Law Hearings Officer November 150 1993 319 S.W. Washington Street Suite 920 Portland, OR 97204 John Deland & Anne Wanda 12301 SW Moffitt Ct Wilsonville, OR 97070 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 RE: Joseph Hughes - Conditional Use Dear Interested Party: I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his Construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our proposal on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on g plans. These plans may be altered prior to the submittal of the application to the city. I look forward to more specifically discussing the proposal With you. Please all Me at (503) 224-3609 if you haVe any questions, Sincerely, Phillip E. Grillo PEG/sin PIIILLIP E. GRILLO, P.C. Attorney sit Law tkt Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 Leona Bordenkircher 7105 SW Gonzaga Street ,Tigard, OR 97223 RE: Joseph Hughes - Cohditional Use Phone: (503) 224.3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 Dear Interested Party: I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional Use to locate his construction contractor's profeszional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in mcre detail with the surrounding property owners and residents. YoU are invited to attend an informational meeting concerning our proposal on Monday, November 22, 1993 at 6 p.m. at Tigard city Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on RtgliMiligmy plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please all me at (503) 224-3609 if you have any qUestiDnso PEO/sln E. drillo PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Sweet Suite 920 Portland, OR 97204 November 15, 1993 Richard carpenter Donald Pollock SW Barbur Blvd Portland, OR 97219 Phone: (503) 2244609 Facsimile: (503) 228-6032 Cellular: (503) 799.4576 RE: Joseph Hughes - Conditional Use Dear Interested Party: I am Phillip Grillo, representing Joseph Hughea, the contract purchaser o/ property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we Would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our proposal Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on RtglIminati plans. These plans may be altered prior to the submittal of the application to the city. look forward to more specifically discussing the proposal with you. Please call me at (50i) 224-3609 if you have any questiotS. PHILLIP E. GRILLO P.C. Attorney at Law tt Hearings Officer 319 S.W, Washington Street Suite 920 Portland, OR 97204 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Shirley Davis 4225 Pennsylvania Street ,IJongview, WA 98632 RE: Joseph Hughes - Conditional Use Dear Interested Party: Cellular: (503) 799-4576 I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our pruposal on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 please note this will be an informational meeting on p_re'rnary,_ plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you Please call me at (503) 224-3609 if you have any questions. Phillip E. Grillo PEG/1n PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portia:14; OR 97204 November 15, 1993 Phone: (503) 224-3609 ; a Jacob Gieszler 7070 SW Gonzaga Street 4 Tigard, OR 97223 RE: Joseph Hughes - Condital Use Dear Interested Party: Cellular; (503) 799.4576 I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use tc locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss tha proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our proposal on Monday, NoVember 22, 1993 at 6 p.m. at Tigard City Hail 13125 SW Hall BouleVard Tigard, OR 97223 Please note this will be an informational Meeting on prelimkparv. plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal With you. Please call me at (503) 224-3609 if you have any questions. Phillip E. Grillo PEO/Sln PIIILLIP E. GRILLO P.C. Attorney at Law Hearings Officer 30 S.W. Washington Street Suite 920 Portland. OR 97204 November 15, 1993 J T Roth Construction Inc 13779 SW Charleston Ln Tigard, OR 97224 RE: Joseph Hughes - Conditional Dear Interested Party: Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton dtreet, Tigard, Oregon. Mr. Hughes is considering propozing a conditional use tc locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in =ore detail with the surrounding property owners an residents. You are invited to attend an informational meeting concerning our propcsai on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on amLiatizAz: plans. These plans may be atered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 224-3609 if you have any questions. Phillip E. Grillo PEG/sln PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 November 15, 1993 Phone: (503) 224-3609 Facsimile: (503) 228.6032 Kaiser Foundation Health Plan of the Northwest .,3600 N Interstate Avenue Portland, OR 97227 RE: Joseph Hughes - Conditional Dear Interested Party: Cellular: (503) 799.4576 I am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his construction contractor's professional office at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the 10. vosal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our proposal on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on gnelimli=er: plans. These plans may he altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 224-3609 if you have any questions. Sincerely, Phillip I. Grillo PEG/sin November 15, 1993 Steven & Cynthia Kolberg Tim Froelich 29781 SW Town Center Loop W Wilsonville, OR 97070 RE: Joseph Hughes - Conditional Dear Interested Party: Use 9 PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 1 am Phillip Grillo, representing Joseph Hughes, the contract purchaser of property located at 7035 Hampton Street, Tigard, Oregon. Mr. Hughes is considering proposing a conditional use to locate his construction contractor's professional office at this location. Pror to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting concerning our proposal on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an iaformational meeting on piallainary, plans. These plans may be altered prior to the submittal of the application to the City. 1 look forward to more specifically discussing the proposal with you. Please call me at (503) 224-3609 if you have any questions. Sincerely, Phillip E. Grillo PEG/sln •, PHILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 November 15, 1993 John Neimeyer Commerce Plaza P.O. Box 661 Portland, OR 97207 Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 f. RE: Joseph Hughes - Conditional Use Dear Interested Party: I am Phillip Grillo, representing Joseph Hughes, the contra= purchaser of propertl located at 7035 Hampton Street, Tigard. Oregon. Mr. Hughes is considering proposing a conditional use tc locate his construction contractor's professional office at this locatioll. Prior to applying to the City of Tigard for the necessary permits, we would like to discUss the proposal in more detail with the surrounding property owners and residents. You are invited to attend an informational meeting eoncerning our proposa: on: Monday, November 22, 1993 at 6 p.m. at Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Please note this will be an informational meeting on malligilml= plans. These plans may be altered prior to the submittal of the application to the city. I look forward to more specifically discussing the proposal with you. Please call Me at (503) 224-3609 if you have any questions. Sincerely# s Phillip E. Grillo PEG/sln ********************************************************************* * Date: 11/10/93 * Prepared For: PHIL GRILLO * * Time: 16:46:43 * Prepared By: * * Report Type: Farth List * Company: ATTORNEY AT LAW * * Sort Type: Owner Name * Address: 319 SW WASHINGTON ST STE 520* * Parcels Printed: 13 * City/St/Zip: PORTLAND, OR. 97204 * ********************************************************************* ********************* * SEARCH PARAMETERS * ********************* ********************************************************************* * ITEMS SELECTED INDEX USED * ********************************************************************* * * * * 2S101AD 03100 Referetice Parcel * * 2S101AD 03000 * * 2SIO1AD 02900 * * 2S101AD 02800 * * 28101D 02700 * * 2S101AC 01600 * * 2S101AC 01300 * * 2S101AC 01000 * * 2S101AC 00900 * * 2S101AC 00400 * * 2S101AC 00300 * * 2S101AC 00200 * * 2S101AC 00100 * ********************************************************************* * 1 Owner :BAKER JAMES L 410 410 TICOR TITLE INSURANCE CO STATE WIDE CUSTOMER SERVICE (503)224 -0550 NIGHT LINE - (503)233 -8888 : betroScan /Washington Site :7075 SW GONZAGA ST TIGARD 97223 Mail :7075 SW GONZAGA ST TIGARD OR 97223 Use :1012 RES,IMPROVED' Census :Tract 307.00 Block 1 MapGrid :655 Bedrm :3 Bth :2.00 YB :1966 Gar.:COM U3NITYPoo1: * 2 : MetroScan /Washington Owner:BELAND JOHN A; WANDA ANNE Site :12665 SW 69TH AVE TIGARD 97223 Mail :12301 SW MOFFITT CT WILSONVIIE OR 97070 Use :2012 COM,IMPROVED Census :;Tract 307.00 Block 1 MapGrid :655 Bedrm: Bth: YB: Gar: Pool: * 3 : MetroScan /Washington owner :BORDENICIRCHER LEONA F Site :7105 SW GONZAGA ST TIGARD 97223 Mail :7105 SW GONZAGA ST TIGARD OR 97223 Use :1012 RES,IMPROVED Census :Tract 307.00 Block 1 MapGrid:655 Bedrm :3 Bth :2.00 YB :1961 Gar :tJNIMPROV Pool: • 4 --: MetroScan /Washington Owner :CARPENTER RICHARD L Site : *NO SITE ADDRESS* Mail :10211 SW BARBUR BLVD PORTLAND OR 97219 Use :2002 VACANT, COMMERCIAL Census :Tract Block MapGrid: Bedrm: Bth: YB: Gar: Pool: • 5 MetroScan /Washiington Owner :DAVIS SHIRLEY A Site :7020 SW GONZAGA ST TIGARD 97223 Mail :4225 PENNSYLVANIA ST LONGVIEW WA 98632 Use :1012 RES,IMPROVED Census :Tract 307.00 Block 1 iapCrid:6 55 Bedrm: 3 Bth : 2.0 0 YB : 19 62 Gar : COMMU I ryYPo01 : * 6 * MetroSean /Washington Owner :GIESZLER JACOB F Site :7070 SW GONZAGA ST TIGARD 97223 Mail :7070 SW GONZAGA ST TIGARD OR 97223 Use :1012 RES,IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 Bedrm :3 Bth :2.00 YB :1966 Gay' :COMMONITYPoo1: * 7 * . MetroScan /Washington Owner :J T ROTH CONSTRUCTION INC Site :12755 SW 69TH AVE TIGARD 97223 Mail :13779 SW CHARLESTON LN TIGARD OR 97224 Use :2012 COM,IMPROVED Census :Tract 307.00 Block 1 Maperlid :655 Bed= Bth: YB: Gar: Pool: Parcel : R0457525 Xfered :10/01/92 Price :$95,000 Tot AV :$93,570 G4 RefPar # :2S1O1AC 00300 BldgSF :1,648 Ac: Parcel :R0457963 Xfered Price Tot AV :$45,750 G4 RefPar## : 2S101AD 02800 31cgSF : Ac: Parcel :R0457534 Xfered Price : Tot AV :$95,770 04 RefPar## : 2S101AC 00400 BldgSF :2,852 AC: Parcel :R0457954 Xfered :03/19/90 Price : Tot AV :$170780 RefPar # :2S101AD 02700 BldgS F : Ac. Parcel :R0457516 Xfered Price Tot AV :$77,530 G4 RefPar # :2S101AC 00200 BldgSF: 1, 273 Ac: Parcel :R0457598 Xfered Price Tot AV :$92,880 G4 RefPar # # :2S101A.0 01000 B1dgSF :1#411 Ac: Parcel Xfer Ad Price Tot AV G4 RefPar# B1dgSF : :R0457972 :11/03/92 :$175,000 :$152,810 :2S101AD 02900 Ac: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • 8 * etroScan /Washingtan Owner: KAISER FOUNDATION HEALTH Site :7125 SW HAMPTON ST TIGARD 97223 Mail :3600 N INTERSTATE AVE PORTLAND OR 97227 Use :2012 COM,IMPROVED Census :Tract 307.00 Block 1 MapGrid:655 Bedrm: Bth: YB: Gar: Pool: * 9 * : MetroScan /Washington Owner :KOLBERG STEVEN J :CY THIA L Parcel ►RO457981 Site :12775 SW 69TH AVE' TIGARD 97223 Xfered :05/28/92 Mail :29781 SW TOWN CENTER LOOP W WILSONVILLE OR 97070ice :$102,500 Use :2012 COM, IMPROVED Tot AV :$100,000 Census :Tract 307.00 Block 1 MapGrid :655 G4 RefPar :2Sl01AD 03000 Bedrm :3 Bth: `l . 00 YB :1940 Gar: Pool: B1dgSF :1, 844 Ac: * 10 * MetroScan /Washington Owner :NEIMEYER JOHN Parcel :R0457650 Site :7100 SW HAMPTON ST TIGARD 97223 Xfered :01/10/91 Mail :Pp BOX 661 PORTLAND OR 97207 Price :$2,800,000 Use :2012 012 COM, IMPROVED Tot AV :$2,800,000 Census :Tract 307.00 Block 2 MapGrid :655 G4 RefPar## :25101AC 01600 Bedrm: 8th: YB: Gar: Pool: BldjSF: Ac :4.69 • 11 : MetroScan /Washington o * Owner: N LTON NEAL A Site :7025 SW GONZAGA ST TIGARD 97223 Mail :70;,i5 SW GONZAGA ST TIGARD OR 97223 Use : 1012 RES,IMPROVED Census :Tract 307.00 Block 1 MapOrid :655 G4 RefPar## :25101AC 00100 Bedrnu 3 Bth :2.00 YB :1960 Gar: COMM NITYYPool : B1dgS'F :1, 292 Ac: • 12 +... MetroScan /Washington : Owner :TOMMY BOB L SUDIE E Site :7120 SW GONZAGA ST TIGARD 97223 Mail :7120 SW GONZAGA ST TIGARD OR 97223 Use :1012 RES,IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 G4 RefPar :2S101AC 00900 Bedrm :3 Bth: .. 00 YB :1965 Gayr: vCARPORTPoyol�r :qty B) 9SP 1, 491 TAG: • 13 . w. V w r : MetroScan /f'Iashifgton • .. j w d it Y. r it r r r w rf W � Owner: WESTON INVESTMENT CO Site :6950 SW HAMPTON ST TIGARD 97223 Mail :2154 NE BROADWAY ST PORTLAND OR 97232 Use :2012 COM,IMPROVED Census :Tract 307.00 Block 2 Bedrm: Bth: YB: Gar: • Parcel : Xfered Price : py �p Tot AVj� : G4 RefPar #: BldgSF: R0457623 $611, 760 2S101AC 01300 Ac: Parcel :R0457507 Xfered : Price : Tot AV :$77,080 Parcel :R0457589 Xfered Price Tot ?iV :$82,070 MapGrid:655 Pool: Parcel Xfered Price Tot AV G4 RefPar t BIdgSF: :R0457990 :$2,148,500 :$2,929,000 :2S101AD 03100 Ac :2.74 The information Provided is Deemed Reliable, But IS Not Guaranteed. ,r. 4i ********************* CURRENT * SALE STATISTICS * ********************************************************************* Average Sals Price : $175,000 Average Loan AMount * * Note: Average Sale Price and Loan Arnount are calculated on sales within the last year. ********************************************************************* ******************* * Farm Statiatics * ******************* ****************************************** Owner Occupied Absent Owner * * Average square footage : 1,687 Average # of bedrooms : 3 Average # of bathrooms : 2.00 Average year built : 1960 ****************************************** TICOR TITLE INSURANCE CO STATE WIDE CUSTOMER SERVICE (503)224 -0550 NIGHT LINE - (503)233-8V8 ::8 Owner Name Site Address Phone BAKER DANES L BELAND JOHN A; WANDA A BORDENKIRCHER LEONA F CARPENTER RICHARD L DAVIS SHIRLEY A GIESZLER JACOB R J T ROTH CONSTRUCTION KAISER FOUNDATION HEA COLBERG STEVEN J; CYNT NEIMEYER JOHN NU,LTON NEAL A TOMMY BOB L SUDIE E WESTON INVESTMENT CO 7075 SW GONZAGA ST 12665 SW 69TH AVE 7105 SW GONZAGA ST *NO SITE ADDRESS* 7020 SW GONZAGA ST 7070 SW GONZAGA ST 12755 SW 69TH AVE 7125 SW HAMPTON ST 12775 SW 69TH AVE 7100 ;SW HAMPTON ST 7025 SW GONZAGA ST 7120 SW GONZAGA ST 6950 SW HAMPTON ST 639 -1494 245 -5956 639 -6905 639-8702 620 -1493 Farm # 2 3 4 5 6 7 8 9 10 11 12 13 The Information Provided Is Deemed R.e1±e bie i But Is Mot Guaranteed, '9* 44 P0001 0 440 ... 72nd 1*-Pot f rt cs 110 • 011111,1 4•11•1■11 0 1)3 „4 memo ' • VO 310 loth .- 1 • 0 z co 2i i a N 004. Neal 4055 ONNIMagraNNOWetaareass O Nya ` V4' OPININIMIM !+! /0 140.00 8i0 gi Ts 140.1 -L 14111 .....o L ^(4 N 00 i 411'W W Z ,p+ R mew 6011. 140100 0 1D / ~• 4P w �i4wOro-nA GS 11040 ' VACATED . 11 4 /fl 0 O • I- li- I. 8 1!0.00 WO Mal me fol. 11.11 0.1 p 00.01't no 9d 0 m d N 00� 0a'W 140.00 .ad(it�d 0 00° 03'71 a m 140.80 M AVENUE 0 7 ob LEGIBILITY STRIP 4300 .02.4 3'W:WI t i 1117,- s too 2000 .23 1500 2 2900 g £884 14. 15 IS SEE MAP 2S I 1AG 33 32 31 30 29 as 27 2100 •O6 2200 .29 4a. 2500 .12Aa 19 20 2400 .3i14 21 22 23 24 25 26 HAMPTON T r T -r 1052 1S5 I•N■M•MIMM......••••■•.M1•a.■■■■.• vogrffintIMMICIFIMV111.1M. VIMONSIVAI ,...... !MI A111(100 t 1011 21/ 1 r I 11001i11 111011,1101 -I r i 4. --777.1;41.g"7;i7"-(4. -----'1 N T E+R---"SJATI-71 :5-1) I; - 7 i d ---....... 4.................• 41 ISINOMOMM*6 400 041•0110.10 41 FREEWAY ....... R.H. BAL DOCK Ito U) Ill I la g 04 la 0U.11LaifLo.,* 2 i / 3r1N3AV MS V '.....7r"*""7"VrrYrngrargrPrIVrrNrine4intir • NI i• P" 4 X le g 2 PI WIt 8 13 g ta 1. i 4 + % - sit • . " 44 .. El tIl 4. .4 li 4.. ... ."..." —.. .d. J. 1.. J. I.Dg.b. .46 4. A. J. .1...,. region ° *didivint. so ,4 1. . IP 4 I- 113nNBAV 1 o , ill ... .0 C I. ki ,.;■ in d 4. . 4 RN .4 m a z: V.v.sete tt. i III P'14 4 4. . .fr.p L _. , It --,—,Trrr.rri.rTrf'-'-ir '-• .7? do • James Baker 7075 SW GONZAGA ST TIGARD , OR 97223 Richard Carpenter Donald Pollock 10211 SW BARBUR BLVD PORTLAND , OR 97219 • John Beland & Anne Wanda 12301 SW MC)BTITT CT WILSONVILLE, OR 97070 Shirley Davis 4225 PENNSYLVANIA ST LONGVIEW, WA. 98632 J T Roth Construction In Kaiser Foundation Health 13779 SW CHARLESTON LN Plan Of The Northwea TIGARD, OR 97224 3600 N INTERSTATE PORTLAND, OR 97227 John Neimeyer Commerce Plaza PO BOX 661 PORTLAND, OR 97207 Weston Investment Co 2154 NE BROADWAY ST PORTLAND, OR 97232 Neal. Nulton 7025 SW GONZAGA ST TIGARD, OR 97223 3-06l Skuns tt3arti e T' e10YP n4 i 6■0 $L Vk Mu.r4, Cr* 1-1' y.r a cs 1 223 o(Z Leona Bordex ircher 7105 SW GONZAGA ST TIGARD, OR 97223 Jacob Gieezler 7070 SW GONZAGA. ST TIGARD, OR 97223 Steven & Cynthia 1olberg Tim Froelich 29781 SW TOWN CENTER LOOP W WILSONVILLE, OR 97070 Bob Sudie Tommy 7120 SW GONZAGA. ST TIGARD, OR 97223 IL , ' • 4. VICINITY EXHIBIT MAP SEE MAP 2S 1 1A13 FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE CiS")CELLED ir.x LOTS 1601, 1700,15000200a • INITIAL POINT 4- 364.03 112.03 100 .36A 30 a VACATED 117%,50300 !MOM. MINIM N as•ast 13 4.24 C a D 110.0 109.43 m C a ( TO PUNLIC 51T-0) _ GONZAGA STREET u isos 'e 03 13 i 701 i 115t33 N SD. OA _ I N assaVE 1400 i 49 uo \ ,. 1 ... 1 ov I § 1 i el ell tli I o* -6 el IL.' Ili e v 20 — I i 1 200 .354c. 3 C rim 1100 1-7 -- 2000 O7Ac. SEE . MAP 2S 1AD / 4e.V. dfrie/igAil;44'/A41/.4A VA,.;4;;A;Q :4.,,Mrit;;;').. • , , 1560 174.1115 • LEGIBILITY STRIP ►J C.L.J. %INS eon tiniricsano 930 9 LEa'X 14V40 di. G OMNI X StrZ 8O HIS 6-2247.X '{' DIVA 6 07I1VIT L' -1 , r 4 It Ia. , k± ................. , , Mira ��� rY � 6 `r .. 'CL1f' ,I a lea I NAMb41.IN wr DOMlA`A �du. 6aFJTSn ANDVN PROPERTY LOCATION: Address: _":203.0 Tax Map & Tax Lot: NECESSARY APPLICATION(S): ___12=1=CeALL. PROPOSAL DESCRIPTION: COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: CITIZEN INVOLVEMENT TEAM .211._ CHAIRPERSON: PHONE: ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: ...A0)40 eq. ft, Minimum lot Width: ____1511._ ft. Setbacks: front k-77' ft. side ft. rear ft. garage LA_ ft. corner -,,- ft. from street. Maximum site coverage: Minimum landscaped or natural vegetation area: Maximum building height: ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet Unload Lot id created through the Minor land partition process. Lots created as part of a partition must have a taitiiktititid of IS feet of frontage or have a minimum IS foot wide access easement. Maximum lot depth to Width ratio of 2.5 to 1. SPECIAL SETBACES Streets: ft. from Centerline of Eatablished areas: ft. from Lower intensity toned I ft., along the sito'e boundary BUILDING HEIGHT PROVISIONS Building leight Exceptions] (code Section 18.96.020)g Buildingsi located in a non-redidential toed May be built to a height of 75 feet provided: 1. A maxiinuM FAR (building floor area to site area ratio) of 1.5 to i 0111 exist; AII actual building eetbacke will be at least 1/2 the building's height; and 3. The structure Will not abut a residential tone diatridt. Page 1 4 LEGIBILITY STRIP t ' p CIN ACCE�S al' this e type axsre . . � Required y3 for SecoD,'S1daxy use required parking: 41-111,2_939.5.11 of required ea may be designated and /or dimenoioned as compact spaces. Parking stalls obeli be dimensioned as follows: - standard parking space dimenoions s 9 ft. X 18 ft. - Compact parking ., pace dimensions: 8.5 ft. X 15 ft. VDierablesd parking: All parking areas obeli provide appropriately located r ®on parking apacesa. The laminas number of and dimensioned disabled pe disabled pereon parking spaces to be provided, me well ass the parking eta].]. dimeneionsa, are mandated by the Americans cans with Diva bilitgi awl (ADA) . Al handout is available upon requests A ►dicapped p shall be painted on the parking space eurface and an appropriate sign shall be posted. Bicycle racks are required for civic, non-residential, commercial and induatrial developments which provide 15 or more parking o P racks shall be located in aroma protected from automobile traffic and in convenient location®. Bicycle parking w ace® shall be provided on the .� i � .� , � ��: .. e •; paces. basis of one a ce for. eve 15 y 4 drivewa s and parking aroma, except for fleet storage, areas, must Al]. be paved. Drive -in use queuing areas: Minimum number of accesses ' .�.K "�- ,�► ,� ►4i, Minimum access width: ) : f z t Maximum accede width: d Pedestrian aceboe muaIt be provided between building entrances and parking imtoae, outdoor cnaou areaes a and ].ic sidewalks► and streets, d 3.n . ' A minimum of one tree for every °even pa aaa.muet be anted i ' and around all parking bread id order to P vide areaa ak 1] include special dr4ign featuree kin ®f fact. landa�caaped parking lot erase from �vi.e+� �'be ®e des+ngn which effectiivety screen tine parQ features array include the use of la hdecapad berms, decorative walla, end raided planters. rotas P.or parking Arden acid P'or da�tailed ufoaraaaatioa en design er.8o ].0 ®, ].�• lOf and ].8, $� ®�3d acce®eee, rise Develo sent Code C pt . - *MUM The A that clear vision areas: be maintained d en three and 7Che City requires and road/ road at road /driveway, roaad/r road eight feet in height victim area depends Upon ,toreectione. The note Of the re�tred clear �► the abutting street, as functional clan . if'ication. ) /0 1 Page 2 SANG AND SCR.EEN/NG In order to increase privacy and to either rAuce or eliminate adverse not aye or visual i. apact° between adjacent developMefto, especially between different land useu, the City requires landscaped buffer areas along certain Bite perimeters, Required buffer areas are described by the Code in ternna of width. suffer area must be occupied by a mixture of deciduous and evergreen trees and ehrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screen® or fences may also be required; theee are often advisable even if not required by the Code. the required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and eizee may be found in Code Chapter 8. a 0. The required buffer widths which are applicable to your proposal area: ft. along north boundary ft. along east boundary ft. along *south boundary ft. along went boundary In addition, sight obscuring.ccreening is r ired along _,L141514,_______ 4'" STREET TREES Street trees are required for all developments fronting on a public or private [street as well aae driveways which are more than 100 feet in length. Street trees must be placed either within the public right --of -way or on private property within six feet of the right-of-way boundary. Street trees must have a minimum Caliper of at least two inched when to aeeired four feet above grade. Street trews ohould be aspaced 20 to 40 feet apart depending on the branching width of the tree at maturity. Further information on regulation® affecting street trees may be obtained from the Planning Division. SIGNS Sign pernfite aaust be obtained prior to installation of any digit in the C it Y of Ti g ard . A Guidelines for Sign Percnite ^ handout id available upon e at. Ad ditional alga are a or height beyond Cod® at�dazds may be of a c�ev ®]. zrt rev'�.ew permitted if the :Sign propoea�al is reviewed as application. Alternatively, as Sign code srception application may be filed for review before the liemeinge of fieer. SENSITIVE LANDS unsuitable for development due to areas within the 100-year floodplain, Code Chapter 18.84 provides regulations for hands which are potentially natural drains genera e, Wetland are Will attempt eloped to in excese di preliminarily perr„ent, or on g y ari].y identi v. a • Chapter 18.84 also provides regulations for the use, protection, or modificatiorof sensitive lande areas. In moot cases, dedication of 100- year floodplain areas to the City for park and open apace areas is required as a condition of the approval of a development application. VIOIIMINIMI■U.O/Mw AsIMONIOMIMIONNOSIVAIIIMINMINNIONONIN.......ONNOININIMIMMOOMIKEIN.101•11.1.100041111111■.1■MINIMIIIMMINVINNIMINILI/M01001.000■1=1. ADDITIONAL CONCERNS OR COMMENTS 1.11.01,11.10•6111114.0•11•011milfmlwalmaiMM111.11.101101.11•11•11.1•111YENN.1=4.0101110MINININIMMMENIENNIr NrwomIgno.■■■••■•••■••SIMMINIIMIIMMIONS VILIMallmatawaMMII/1..INIlIMIMININSIMINNIFIMINO*1110111.18•0111111111.11•Mell II.RINIIMIINNIMIIIIMP■s4•10.21.1■611110MNIMMONORSINNIMMNIMII..11MosallyymonsalwalliiIMI.I.IMINM.M8.1.1.11INIP PROCEDURE Administrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Y Public hearing before the Planning Commiosion with the Commission .1d......MM making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Counil. APPLICATION SUBMITTAL PROCESS *- All applications omit be accepted by a Planning Division otaff member at • the Community Development Department counter at City Hall. plafig_NOTE: Applications sub...teak3....ox11,....2gfe__Dimpter withojE Elanninqmallalm_mogrlapce may_IffLjoil. Applications submitted after 4:30 P.M. on Thuroday will be batched for processing with the following week's applicatione. A liCations will NOT be mace ed after 3:00 P.M. on Pride a or 4:30 on other da MgEMLAIAMIttad!gith an a_EPJ-Leati—x.--Z—.--1Wmldn".-------DvzSt...&L.Lin-11 imaties. One 8.1IMEIL-W-1111L*h ipq pJroecP should be submittei for attachment to the staff ts.rt or adminintrative decision. APPlicatioll-WAUMerSgAWLEREM!.0111-B2t-Oe 49.9.22k211, The Maiming Division and Engineering Division will preform a preliminary review of the application and will determine Whether an application 'complete within 10 days of the counter aubmittal. Staff Will notify an applicant if additional information or additional copiee of the :submitted materials are needed. ;. • ; The administrative decision or public hearing will typically occur approximately 45 to 60 dayn after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted Lesues or requiring review by other jUriadictions may take additional time to review. Written recommendatione from the planning staff are idsued Seven (7) days prior to the public hearing. A 10 day public appeal period follow: all land Luse d Janne. An appeal on thin matter would be heard by the a Cr A badic flow chart which illuotrate, the review protein; id available from the Planning Division Upon request. Page 4 An I • Thiel pre-application conference and he notes of, be conference are intended to inform the prospective applicant of the pry Community Development Code requirements; applicable to the potential development of a particular Bite and to allow the City staff and proapectiv applicant to dimmest the opportunities es aand constraints affecting d volopa eut of the eaite. The conference and noted cannot cover all Code requirements and aspects of good site planning that should apply to the development of your sate plan. Failure of the* staff to provide information required by the Code shall not constitute a waiver of the applicable utandardaa or requireaaenta. It is recommended that a pro¢apecti ve applicant either obtain and read the Community Development Code or auk any c iestiona of City staff relative to Code requiremetste prior to submitting an application. Another pre - application conference is required if an application is to be submitted aaore than six months after this Bare - application confarenc unlena the second conference is deemed, unnece eery by the Planning Division. PREPARED BY: 13 PLANNING A} SCION PHONE: 6139.41 / 1 Page 5 • PUBLIC FACILITIES The purpose of the pre-application conference is to: (I) Identify applicable Comprehensive Plan policies and ordinance provisions; (2) To provide City staff an opportunity to comment on specific concerns; and (3) To review the Land Use Application review proce esi with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City steuef mad subject to approval by the appropriate authority. There will no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of deveXopment approval for your proposed project. The City of Tigard requires that land area be dedicated to the public: I) to increase abutting public rights-of-way to the ultimate functional street classification right-of way width as specified by the immunity Development Code; or 2) for the creation of new streets. Approval of a development application for this site will z:equire right-of- way dedication for: 1. 2. 3. Street to to to ....minaletrwammx.searamonrbionousrm* .........rwoosurnimemsommiimomisomersamarili feet from centerline. feet from centerline. feet from centerline. street improvements will be necessary along 2. street improvements will be necessary along 3. street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm mowers, underground pladement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), as five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streetd, or in the Central Business District), neceesary street signs, streetlights, and a two year streetlighting fee. In some cases, where street improvements or other neceesary public improvonestEi are not currently practical, the street 'intu' -1:Immolate may be deferred. In ouch cases, A condition of development approVat may be specified which requires the property owner(d) to execute a non,- reMonotrance agreement which waives the property owner's tight to remonstrate against the formation of a local improvement district formed to improve,: 1. 2. insmovaimmorworoomet......0mosnorserAisa Page 6 . 04 *1/ 314) )isk6 .444, 44 /44445 / 44,4 0 0 OA sty, 0/#441- • ` - bag ecg_ki_zjit* iiik.;_m_ano kayo& es vow. Sanitary Sewerm. The nearest sanitary newer line to this property Le a(n' inch line which is located in ________________ The proposed development must be connected to a sanitary sewer. It is the developer di a responsibility to extend the sewer along the proposed development site's 92o ,eieve4 move44,4*— Efetempliet, The Tigard Water District (Phone: 639-1554) or the Tualatin Valley Water Dieteict (Phone: 642-1511) provides public water eervIfle in the area of this site. The District should be contacted for information regarding water supply for your proposed development. /Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Sirchill, 645-8533) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation eyeteme, the need for fire hydrants, or other questions related to fire protection. Othef.eAgeany Permits: Storm sewer imigzementss_ t°,....wo STORMWATER QUALITY FESS The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90-43 Serface Water Management Regulations which requires the construotica of on-site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the await:ruction of such a facility. The resolution requires the construction of a water vality facility and/er the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall detgraine if r fete May be paid ari L , 414 a facility ' . shall be co Are .../e ,ile.e.4101fRWe27.01074.1.e Ole ‘•:" VTRAFFIC IMPACT PEES In 1990, Washington County adopted a county.-wide Traffic Impact Fee (TIP) ordinance. The traffic Impact Fee program collects fees from new development based on the development's' projected impact upon the City's tranoportation system. The applicant shall be required to pay a fee based upon the number of tripe which are projected to result from the proposed development. Tel calculation of the TIF in based on the proposed Use of the land, the size of the project, and a general use based fee category.. The VIP shall be calculated at the tin of butidiflj wit issuance. In limited Circumstances, payment of the TIF may be allowed to be deferred Until the issuance of an occupancy pet. Deferral of the payment until• occupancy i.e permissible 2nly when the TIP is greater than $5,000.00. Page 7 STREET OPENING PERMIT No work '-'s.11 be preformed within a public right-of-1ii4, or shall c ' ommence ALL the applicant has ob ained a street opening permit from the EngitlemcingiDepartment. " ey/449070w FLOOR ELEVATIONS All pr eats that require a grading plan also require that the applicant shall a t a typical floor plan for each lot. This floor plan shall indicate a elevations of the four cornera of that plan along with elevations t the corner of each lot. ENGINEEHIN DIVISION PHONE: 639-4171 17' RP:preapnon Pageg • Staff Date d +. CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with submit your ' See iyouraapplication � forr further explanation of these items or application. your call Planning at 639 -4171. BASIC MATERIALS ITEMS TO BE INCLUDED A) Application form (1 copy) (44 0) Owner's signature /written authorization CA'' C) Title transfer instrument CA" D) Assessor's map C'�,,. E) Plot or site plan F) Applicant's statement C (H) Filing fee (! 73(05- `) C 3 SPECIFIC MATERIALS A) Site Tnft rfl9a Hon showing (!lo. of copies . 1) Vicinity Map .. C'-r. 2) Site size & dimensions x C 3) Contour lines (2 ft at 0-10% or 5 ft for grades ) lOt) 6:1- 4) Drainage patterns, courses, and ponds C' 5) Locations of natural hazard areas including: a) Floodplain areas t 3 b) Slopes in excess of 25% C 1 c) Unstable ground C 3 d) Areas with high seasonal water table C 3 e) Areas With severe soil erosion potential ( 3 f) Areas having severely weak foundation soils C 3 Location of resource areas as sCn on the Comprehensive Map inventory including: a) Wildlife habitats ( b) Wetlands Other site features: a) Rock outcroppings , t 3 b) Trees with 6°° 4- caliper measured 4 feet from ground level . . t Q) Location of existing structures and their uses C a 9) i Locaton and type of on and off—site noise sources C 10) Location of existing utilities and easements arl 11) Location of existing dedicated eight-of-ways tvr 8) Site Dewelo meat R.lan.sh ng (No. of copies ) ( 1) The proposed �.... . e site and surrounding properties DIP 2) Contour line intervals O dimensions and names of all 3) The location, a) Existing platted streets & other public ways . Eandteasemeentston the site and on adjoining propertied: APPLICATION CHECKLIST — Page 1 Caf b) Proposed streets or other public ways & easements on the site. c) Alternative routes 4Yf dead end or proposed streets that require future extension C 4) The location and dimension of: a) Entrances and exits on the site b) Parking and circulation areas c) Loading and services areas d) Pedestrian and bicycle circulation C e) Outdoor common areas, Cam' f) Above ground utilities (''r 5) The location dimensions £ setback distances of all: a) Existing permanene structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site C b) Proposed structures, improvements, utilities and easements on the site CA" 6) Scoria drainage facilities and analysis of downstream +conditions I 7 7) Sanitary sewer facilities tea' 8) The location of area to be landscaped Cam' 9) The location and type of outdoor lighting considering crime prevention techniques C 10) The location of mailboxes I 3 11) The location of all structures and their ( X 12) Existing or proposed sewer reimbursement agreements I 3 Gradir Plan (o. of copies Ji2L) C3 The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour Dines; slope ratios and soil stabilization proposals, and time of year i it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report C a b) The validity of sanitary sewer and storm drainage se rvice proposals C 3 c) That all problems Will be mitigated and how they will be mitigated C3 ®) Architectural _ inars ($o of copies _ _ 71:4 C 3 The site development plan proposal shall include: 1) floor plans indicating the square footage of all structures proposed for use on -sign; and Cep 2) Typical elevation drawings of each structure. Cj, E) La�dsca rye , (�l..,an (No. of copies ) C The landscape plan shall be drawn at the same scale of the site analysis plan or a lger'' scale if necessary and shall indicate: i) Description of the irrigation system where a pP licable .. C 2) Location and height of fences, buffers and screenings . APPL CATION CHEC1CL 1 Page 2 • • 3) Location of terraces, decks, shelters, play areas and pommon open spaces . I 3 4) Location, type, size and species of existing and proposed plant materials. VI. The landscape plan shall include a narrative which addresses: 1) Soil conditions. E 3 2) Erosion control measures that will be used. I 3 F) AiSEILVADS2 Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. IX [v., G) kattismneretio_latknats C 3 H) Preliminatmr ls_t_l_t_te ad'usttt___ 2rva cosi (No. of Copies ): 1) The owner of the subject parcel ( 3 2) The owner's authorized agent I 3 3) The map scale, (20,50,100 or 200 feet=1), inch north arrow and date (3 4) Description of parcel location and boundaries I ] 5) Location, width and names of streets,.easements and other public ways within and adjacent to the parcel 13 6) Location of all permanent buildings on and within 25 feet of all property lines C 3 7) Location and width of all water courses I 3 0) Location of any trees with.6" or greater caliper at 4 feet above ground level ( 3 9) All slopes greater than 25% I 3 10) Location of existing Utilities and utility easements (3 11) For major land partition which creates a public street: a) The proposed right-of-way location and width ( 3 b) A scaled cross-section of the proposed street plus any reserve strip (3 12) Any applicable deed restrictions I 3 13) Evidence that land partition will not preclude efficient future lad division where applicable E 3 I) Subdivision Prslimiaary_elat MaAmcidea show:log(14o. of Copies ): 1) Scale equaling 30,50,100 or 200 feet to the inch and limited to one phas per sheet (3 2) The proposed name Of the subdivision 4 E 3 3) Vicinity map showing property's relationship to arterial and collector streets , (3 4) Names, addresses and telephone number's of the owner deVeloper, engineer, surueyer, designer, as Applicable( 5) Date of applitAtton (3 6) Boundary lines of tract to be subdivided 3 7) Names of adjacent subdivision or naives of recorded owners of adjoining parcels of untUbdiVided land 8) Contour lines related to a City-established bench- mark at 2-foot intervals for 0-10% grades greater than 10% APPLICATION CHECKLIST -- Page 3 • C 3 `I'• • • :" • ..f:y.:•"4, ail The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): • C 3 a) Public and private-right-of-ways and easements C 3 b) Public and private sanitary and storm sewer lines C 3 c) Domestic water mains including fire hydrants C 3 d) Major power telephone phone*�transmission lines (50,000 volts or greater) C 3 e) Watercourses f) reed reservations for parks, open space, pathways and other land encumbrances C 3 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated C 3 11) Plan of the proposed water distribution systems, showing pipe sizes and the location of valves and fire hydrants. C 1 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. C 1 13) Scaled cross sections of proposed street right -of- -way: i 3 14) The location of all areas subject to inundation or stoma water overflow C 1 15) Location, width and direction of flow of all water- courses and drainage ways C 3 16) The proposed lot configurations, approra `mate lot dimensions and lot numbers. . Where lots are to be used for purposes other, ,fhan residential, it shall be indicated upon such lots C 3 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above around level, and " proposed tree plantings, if any C 3 the loacati.c+n of props 10) The existing uses of he property, including the location of all structures and than present uses of the struLtures, and a statement of which structures are to remain after platting 1 3 19) Suppletsental information including: a) Proposed deed restrictions (if any) 1 b) Proof of property ownership C 3 c) A proposed plan for provision of subdivision improvements C 3 20) Existing n natural features including rock out- croppings, wetlands and marsh areas C 3 21) If any of the ; ) Y forgoing information cannot practicably be shown on the preliminary plat, at shall be incorporated into a narrative and submitted with the application. 1 3 OtherInformation 1 o�r �c.��� C.��ca�d�►.�" +C�1 C3 2P/ .. 0236 OOZ�P) APPLICATION CH5C <LIST -- Page 4 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] AFFIDAVIT OF MAILING RtAllatkne... being first duly sworn/affirm, on oath 44 10 Tiard, Oregon. served NOTICE OF PUBLIC HEARING FOR: served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard i1earings OffiAier MMI.B.41/••■•• Tigard City Council A copy (Public Hearing Notice i /Notice of Decsion) of which is attached (Marked I 4 i sonst at th addtess shown o ,the day of 19 hed # was po an appropriate • 1 and depos ed # 19 Exhibit "A") was mailed to each named attached list marked exhibit "B" on the said notice NOTICE OF DECISION as hereto atta bulletin board on the ;1.:lettday of in the United States Mail on the 151/4 postage prepaid. Prepared Notice OFFICIAL SEAL MANE M. JELVERKS P., 414 1- NOTARY PUBLIC.OREGON COMMISSION NO.008077 /I) MY COMMISSION EXPIRES SEPT, 7, 1095 NO .*Y PUBLIC 0 My commission REGON ires: • NOTICE OF PUBLICH E ARING Exlivii.sc NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, Apr11 25 1994, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CUP 94-0001 FILE TITLE: Hughes/Hagel APPLICANT: Joseph Aughes ConstrUCtion OWNER: Charles Hagel 319 SW Washington #920 23112 S. Blano Portland, OR 97204 West Linn, OR 97068 (503) 224-3609 REQUEST: CONDITIONAL USE CUP 94-0001 HUGHES/HAGEL A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. LOCATION: 7035 SW Hampton Street (WCTM 251 1AC, tax lot 1100) APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.130, and 18.164. ZONE: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative service, public support facilities, bUsiness equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. • THE PUBLIC HEARING 0/ HS MATTER WINJ BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18,32 OF THE ,OMMUNITY DEVALOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING, THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 639-41/1, EXT. 356 (win) OR 684-27/2 (TDD TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS, FORTH IN CHAPTER 18.30. ANYONE WISHINO TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEAR/NG TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER Ags111_1224., ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS FROM THE TIGARD COTMMUNITY' DEVELOPMENT PCODEA NDITHE ITIGARD COMPREHENSIVEEPLAN. PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION NAILER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER or Adonri AT 639 -4171, TIGARD CITY HALL, 13125 SW HALL BLVD., TIGARD, OREGON. 28101A040100 NULTON, NEAL A 7025 SW GONZAIGA ST TXISAND 28101/%040300 BAKER, JAMES L 7075 SW GONEAGA TIGARD 0 OOOO 00000000000000410 BORDENXIRCHER, LEONA F 7105 SW GONEAGA ST TIGARD OR 97223 28101A040900 TOM* BOB L SUM 13 7120 SW GONEAGA TIGARD 213101A/0-01000 GIESZLER, JACOB F 7070 SW GOBI TIGARD 28101A041300 MISER FOUNDATION HEALTH PLAN OF THE NORTHWEST #838 ATTE: PROPERTY ACCOUNTING 3600 N INTERSTATE AVE PORILAND OR 97227 281011D-02600 • • • • • • • • • • • • 0, • 1/04i4THLAND OWES INC 1834 SW 58TH PORTLAND OR 91201 25101A0-01600 NEINEYM, JOHN COMMERCE van PO BOX 661 PORTLAND 28101AD-02700 CAMINTER, RICHARD L OLLOCX0 DONALD 11/JULIA Gm 10211 SW num BLVD PORTLAND OR 97219 BELAND0 JOHN 7 / mph ANNE 12301 SW 114OFFITT DRIVE WILSONVILLE OR 97070 25101AD-02900 J T ROTH CONSTBocriosi INC 13779 SW COARLESTON TIMID OR 97224 28101RD03000 11=813130, STEVEN J AND CYNTHIA L ROLICH, TIM R AND PATEtICIA G 29701 TOWN CENTER LOOP WEST WILSONVILLE OR 97070 JOSEPH HUGHES CONSTRUCTION 319 SW WASHINGTON #920 PORTLAND OR 97204 OR 97232 LEGIBILITY STRIP 28101210•00100 MILTON, NE AL A 702S SW COMA ST TIC 28101RC-.CO300 BURR, JANES L 7075 8M GONA TIOARD 2S1O1AC-00900 YYrOONYON(' +{1 0000040 OR 97223 OR 97223 yo my, BOB Lj�8UDIE E 7120 SW ZAkla TIC OR 97223 28101 1300 MISER FOUNDATIO „ LT= PLAN Of THE NORTUWEST .838 ATM NTING 3600 N INTMSTAME AVE PORTLAND nR 97227 28101A0.42600 NORTHLAND INC 1034 SW 58TH PORTLAND OR 97201 28101NW- 02800 DELAND* JOHN A / WArDA ANNE 12301 SW MOFP'ITT DRIVE WILSOXsV LLR OR 97070 281O1AD- -03000 XOL13ERO. STEVEN .7 AND CYNTHIA L ICS, TIM R AND PATRICIA G 29701 TOWN LOOP WEST WILSONVILLE OR 97070 aOSEPH HUGHES CONSTRUCTION 319 SW WASHINGTON 4920 PORTLAND OR 97204 CHARLES NAGEL 23112 S 8LANO JEST LINN OR 97068 28101&C- 00220�0p DAVIS, SOIRLE! A 4225 PENN ST LONGVIEW 28101A040400 WA 98632 BORDENEIRCHER, LEO NA F 7105 SW GOEZAGA ST TIGARD OR 97223 28101AC- 401000 O 000,0■000 . 00000000; GIBS® JACOB F 7070 =Gamma TIGARD --OR 97223 2S101AC- -01600 Ro IM'EYEa, JOHN COMMERCE PLAZA PO 1i0X 661 PORTLAND OR 97207 P"leAAD •0270 ♦eatlda•SYY••lYly •� RICHARD L Sc 1:41,LOCE, DONALD LD E /JULIA GAIL 10211 SW mama BLVD PORTLAND OR 97219 2S1O1AD- 4)2900 a T ROTH CONSTRUCTION INC 13779 SW CHARLESTON TIGARD OR 97224 2S101AD -03100 a o WESTON TN VESTMENT CO 215' NE BROADWAY PORTLAND OR 97232 2S101A0,00100 NULTON, NEAL A 7025 SW GONZAGA ST TIGARD 23101AC-40300 BAKER, JAMES L 7075 SW GONZAGA TIGARD 2S101AC-0400 DAVIS, SHIRLEY A 4225 PENN ST LONGVIEW 4.4.•••....* *GI we 28101AC..00900 TOMMY, BOB L SUDIE E 7120 SW GONZAGA TIGARD 28101AC-00400 BORDENKIRCHER, LEONA F 7105 SW GONZAGA ST TIGARD 28101AC-01000 GIESZLER, JACOB F 7070 SW GONZAGA TIGARD 28101AC...01300 6444. KAISER FOUNDATION HEALTH PLAN OF THE NORTHWEST *838 ATTN: PROPERTY ACCOUNTING 3600 N INTERSTATE AVE PORTLAND OR 28101AD-02600 NORTHLAND HOMES INC 1834 SW 58TH PORTLAND 28101AC-.01600 NE/MEYER, JOHN COMMERCE PLAZA PO BOX 661 PORTLAND OR 97201 2S101AD...02800 4 4 4 464 44 *604 4 4 4 4 646 .BELAND, JOHN A / WANDA ANNE 12301 SW MOFFITT DRIVE WILSONVILLE OR 97070 28101AD...0270U 644 • CARPENTER, RICHARD L POLLOCK, DONALD 3/JUL/Ft, GAIL 10211 SW BARBUR BLVD PORTLAND OR 97219 =01AD-02900 J T ROTH CONSTRUCTION INC 13779 SW CHARLESTON TIGARD OR 97224 2S10110443000 644664646444446644466 KOLBERG, STEVEN J AND CYNTHIA L FROELICH, TIM R AND PATRICIA G 29781 TOWN CENTER LOOP WEST WILSONVILLE OR 97070 28101AD..03100 6.446664406 WESTON INVESTMENT CO 2154 NE BROADWAY PORTLAND OR 9723 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] EMMEELERSOMENTI TO: DATE: March 15 1994 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 94-0001 HUGHES HAGEL LOCATION: 7035 SW Hampton Street (WCTM 2S1 IAC, tax lot 1100). A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, and 18.130. ZONE: C-P (Professional Commercial) The C-P zoning designation allows public agency administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional offices among other uses. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Mar. 25, 1994. YoU may use the space provided below or attach a separate letter to return your comments. If_you arelmolle_19.,_022Esagja_lhe above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of oUr office. Please refer to the enclosed letter. Written Comments: Name of Person CoMmenting: Phone Number: School Diet 10. 48 - (Beaverton) Joy Pahl PO Rex 200 Beaverton, OR 97075 School Dist. 23J ° (Tigard) 13137 SW Pacific suy. Tigard, OR 97223 ...1e:Unified Sewerage AgsocyiSWM Program , 155 1. First St. Rillabor0, OR 97124 AMC= aulammais Wash. 0o. Lend Use 4 Ttansp. 150 X. First Ave. Millsboro, OR 97124 Brent Curtin = Nevin Maxtin Nike SOrrefien Scott King Fred liberle JimEmmarya Principal Planner PO Bon 4755 Beavartaa, OR 97076 City of Zing City -City Manager 15300 SW 116th Ring City, OR 97224 - City of Lake Oswego city itatimoitz 380 SW A Lake Oswego, OE 97034 State Righway DiVition Bob Doran it Ron 25412 Portland, OR 97225-0412 Bonadary Comaiselon 320 Bit Stark Room 530 Portland, OR 97204 METRO OREENSPACES PROGRAM isca. taito (cPS's/fares) 600 WS Grand Portland, OR 97232-2736 BMW (CPMe/SOWS) 1173 Coast St. $1 Salem, OR 97310-4590 .2 • • ISECIAL mums TelePhomm ItnginiMmdIng °fade PO Box 23416 Tigard, OR 97281-3416 VW Entoral Can Scott Palmer 220 0 SecoddAve. Portland, OR 97299 TCX Cahlevieirma Of Oregon Mike ilallock 3500 Be Road St. Portland, OR 97201 Cole:shin Cahle,Orank Stone) 14200 SW Brigadmid Ct. Beaeirton, OR 97005 MEE AGERcith1 Astoinnitice Diva OWE) DiVinion O 18Vatki Lauda 77' oweimarce,Op. Mon. Park = rum S mtuus, PVC Ok Hiz. Ctikaiitir tismam Antimis Odrpa. a Bditindolid , Poet Offide dran Vadtharn kacifidlafranpcirtation -yOompaii Odaimbh. Fornm7, PL - Project Engineer SOO SW 6th Avenues Ra 324, Onion Station Portland, OR 97209 COMMUNITY DEVELOPMENT PIIILLIP E. GRILLO, P.C. Attorney at Law Hearings Officer 319 S.W. Washington Street Suite 920 Portland, OR 97204 Larry Epstein, Hearings Officer Phillip E. Grillo May 2, 1994 CUP 94-0001 (Joseph Hughes Construction) Phone: (503) 224-3609 Facsimile: (503) 228-6032 Cellular: (503) 799-4576 am writing with reference to the validity of staff's recommended conditions of approval 1, 2 and 3 As you know, these- conditions relate to the dedication and future improVement of 70th Avenue. At the hearing on April 25th, you left the written record open for seven days, allowing me to more fully respond to this issue. First, it is important to recognize that the applicant, Joseph Hughes Construction (JHC), is moving into an existing building and will be using the existing parking lot and access onto Hampton Street. No physical changes or expansions to the site are proposed. Furthermore, the proposed use will not increase the number of vehicle trips generated by or attracted to the site. In essence, we are simply substituting one type of professional office use for another. Staff recognizes the fact that no changes to the existing site are proposed or required. Therefore, the proposed conditions requiring dedication and future improvement of 70th Avenue are not reasonably related to the development proposed by aHC in this permit application. Unlike the situation in 12oThiny_irijaarsL the proposed use does not involve any expansion of the building or parking area, and the type of office use proposed will not generate any additional vehicle trips as compared to the office use that previously existed on the site. In short, the proposed conditions do not serve a valid public purpose and are not reasonably related to the proposed use, because the conditions are not aimed at mitigating any additional effects caused by the proposed use. It should be pointed out that at the present time, enough right of way currently exists along 70th Avenue between Hampton Street and Gonzaga Street, to construct an alley. TMC 18.164.020 (E) indicates that commercial alleys require a minimum right of way of 20 feet and a minimum roadway width of 20 feet. The existing right of way located immediately east of the property owned by JHC is currently 30 feet in width. Converesly, TMC 18.164.020 (E) requires local streets to have a minimum right of way of 50 feet. Therefore,according to the code, 70th Avenue is an alley, not a local street. City Council's street vacation action in 1985 was predicated on its conclusion that the vacated R -O-W was not needed for the development of a future local street. The effect of the street vacation was to reduce 70th, between Hampton and Gonzaga, to an a11ey. If and when future redevelopment of this area occurs, the potential need for such development to have access to 70th Avenue can be determined. Hopefully, prior to that time, the City will have made a legislative determination access the future of 70th Avenue H owever, at the present time, JHC is not proposing to take access from 70th Avenue and the city has no legal authority to require him to use 70th Avenue for access purposes, Second, the Hearings Officer mentioned during the hearing that since 1985 the situation may have changed. The implication of the Hearings Officers comment was that perhaps something had occurred since 1985 that would now make p applicant to return necessary for. the app rn the property that was We disagree with the . things by the city. previously vacate implication that things have materially changed since 1985. The city has not identified any change in the development code or comprehensive plan enacted since 1985 which could constitute a change in the relevant law applicable to this case. The relevant portions of the development code contained essentially the same text now, as it did in 1985, While it ts true that the Tigard Triangle Report sug planning direction, it has not yet gone Bests a Commission andCity Council review, and is through Manning therefore not part of the applicable law. Therefore, staff's requested rededication of 70th Avenue is contrary to the prior decision by determined that this y C necessa for public City council which eerm vehicular portion t pedestrian access and not be vacated. While the or p may the assumptions made by City and engineering staff be rethinking-the A ty Council in its 1985 street vacation decision, unless or until City Council itself amends its and/or llenacts a specific plan of code pro oisionc indicating that 70th Avenue should function ; s prov` � ' indicating either a local or collector street, the applicant has the ": the soley upon e right to have his permit approved standards and criteria that were set forth in the development ordinance at the time the application was deemed complete. See ORS 227.173. On the date this application was deemed complete, the 70th Avenue R-O-W had been vacated in the area adjacent to the property owned by JHC. As a result of this Council action, 70th Avenue, in this location, was no longer a local street. City Council's decision in 1985 to vacate this portion of the R-O-W constituted a deliberate decision to abandon 70th Avenue as a local street in this location. As a result of this decision the city is obligated to take action on this quasi-judicial permit application in a manner that is consistent with the existing designation of 70th Avenue. At this time, 70th Avenue is not a local street, and is instead no more than an alley at this location. Third, since the applicable law has not changed since 1985, if the staff's argument for dedication is valid now, it would have also been valid in 1985. Therefore, if staff is correct in its assumption that it can require dedication now, staff could also have required the dedication in 1985, If staff's current analysis of this issue is correct, an absurd result would have occurred in 1985. Consider the following hypothetical. Suppose that it is 1985, and that City Council has vacated this portion of 70th Avenue. One month later, the owner of Tax LOt 1100 applies to the City for a development permit to redevelop the site. Then, as a condition of approval, staff recommends to the decision maker that the applicant return Tax Lot 2000 to the city, for the purposes of having 10th Avenue function as local street sometime in the future. This would have been an absurd result in 1985, and it would be just as absurd now in 1994. The only thing that has changed from this hypothetical situation and the situation presented in this case is that the conditions requested by staff in the present case are being proposed nine years after the street vacation occurred. Despite the time that has elapsed since the street vacation in 1985, there has been no change in law or policy With regard to this portion of 70th Avenue. In its present state, 70th Avenue does not and cannot function as a local street because the city vacated the R-O-W on aliCis side of the street, in order to facilitate future development of the Site, which now owned by JHC. Although staff's current thinking is that 70th should be widened so that it can function as either a local or collector street, staff's current thinking is directly contrary to the deliberate action of Council in 1985. JHC relied on the action of council in 1985, and has relied on the existing development code and comprehensive plan which indicates that at most, 70th Avenue can be classified as an 3 t. alley. Furthermore, since his proposed use of the site does not generate any additional traffic and since its layout does not require access to 70th, there is no reasonable relationship between the applicant's use of the site and the proposed conditions of approval concerning 70th Avenue. The applicant therefore respectfully requests that the Hearings Officer not impose conditions of approval 1, 2 and 3, as proposed by staff. Any dedication along 70th Avenue is unlaifull, relative to the use of the site proposed by JHC. Unlike the situation in Dllan, the dedication in fee of Tax Lot 2000, as proposed by staff, precludes all private economic use of Tax Lot 2000. *tie it is true that, because of its size, Tax Lot 2000 could not be developed by itself, its is an undisputed fact that Tax Lot 2000 has a significant economic value in relation to Tax Lot 1100. City Council recognized the value of this additional area in 1985 when it- granted the street vacation. The applicant's Exhibit 5 reflects this discussion. The record indicates that the deliberate purpose of the street vacation was to create a larger developable area for the owner of Tax Lot 1100, in order to accommodate parking and landscaping needs of the parent parcel. It was precisely with this understanding that JHC purchased the property in 1993. Therefore, the property as a whole will have significantly less value if Tax Lot 2000 is eliminated. Finally, it is important to reiterate that the city will have subsequent and more appropriate opportunities to request future street dedications from this site, if and when it redevelops. The existing house on site is simply a transitional structure, Eventually, the house will be removed and an office building will replace it. Staff is apparently concerned that if the dedication is not obtained now, that it will somehow compromise the city's ability to obtain additional R-O-W in a timely way in the future. We respectfully disagree with staff's assumption in this regard, for the following reasons: First, dedications and the construction of public improvements must coincide with development. If and when the city decides how 70th Avenue should function in the future, it can make such a plan part of its comprehensive plan, and thereby require appropriate dedications. Unlike the situation in 291211,11a, the city staff has not yet translated its current thinking into an adopted plan or development regulation. Second, since the applicant is not proposing any physical changes to the site, any potential future R-O-W that the city may want to acquire along 70th Avenue, on this site, will not be encroached upon by new development as a result of this permit approval. i, hird, the Tigard Triangle Study will soon be reviewed by the Planning Commission. As a result of that study, staff can resolve the future of 70th Avenue, and will then be in a position to require appropriate dedications along 70th, as required by the adopted plan, One of the major differences between this case and the DoeUan case is that in =flan, the city had a Master Plan for Fanno Creek that called for pathways along the creek. In this case, the city has no such plan showing 70th Avenue as either a collector or a local street. The city does not have unlimited discretion to' require the dedication of local streets. In this case, the Hearings Officer should not grant staff's request to rededicate 70th Aven le, particularly because the applicant will not use 70th for access to the proposed use. It may be that future commercial uses of this site might benefit from 70th Avenue as either a local or collector street. It may also be true that future development of this site and the surrounding area would be best served by only an alley in this location. It may also be true that future development of this site will best be served by the elimination of 70th Avenue altogether. However, at this time, these scenarios are pure speculation. Until these issues are resolved either through the Tigard Triangle Study, or through case -by -case decisions where the proposed development involves the use of or elimination of 70th, such decisions cannot be effectively made. It would be a waste of public and private resources to require c7HC to rededicate R -O -W that was vacated by the city, only rededication possibly vacated again as a only to have this r ° result of the adoption of Tigard Triangle Plan, The Hearings Officer should not allow the city staff to adopt an ad hoc policy requiring the rededication of 70th Avenue, when this eact area was deliberately vacated by City Council in 1985, At the present time, 70th Avenue, between Hampton and Gonzaga functions as an alley, and no further dedication in required under the code. If council decides that 70th Avenue in this location should function as either a local street or as a collector, then future development proposals that use 70th can be conditioned accordingly. In the mean time, it is unlawfull for the city staff to recommend a set of Conditions that are contrary to the edlsting law and contrary to + action 1:ied u on the e�iSt il, especially when the previ ant has re of the City council, law and prior Council apple p action. Your Carefull attention to this matter will be greatly appreciated. AGENDA, ITEM 231 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Joseph Hughes Construction, Inc. to allow a change of use from an existing Professional office building to a Construction Contractor's Professional Office. STAFF REPORT CUP 941.0001 I. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 940001 SUMMARY: The applicant requests Conditional Use approval to allow a change in use from an existing Professional office building to a Construction Contractor's Professional Office. APPLICANT: Joseph Hughes Construction, Inc. OWNER: Charles Hagel 319 SW Washington, #920 23112 S.Blano Tigard, OR 97223 'west Linn, OR 97068 COMPREHENSIVE PIAN DESIGNATION: Professional Commercial ZONING DESIGNATION: C -P (Professional Commercial) LOCATION: 7035 SW Hampton Street (WC FM 281 1AC, Tax Lot 1100) APPLICABLE LAW: Corn iunity Development Code Chapters 18.64.040, 18.100.030, 18.100.0 18.106.030, 18.108.0 11.108.080, . .18.114.130(D)(1), _ .130.040, ..... . 50, 18 . . 35, 18.102.020, 18: 18.150.020(E), 18.150.030(A), 18.164.030(.)(] ), 18.164:070, 18.164.090, 18.164.100, and Comprehensive Plan Policies 2:1.1, 4.2.1, 7.1.2, 7:3:1, 7.4:4, 8.1.1, and 8,1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - CUP 94-0001 HAGEt - HUGHES CONST: ,j1 PACE 1 { a p y t �, r i'•t a r� �• f d x p 't 4 7: r t� d` -7 II. FINDINGS ABOUT SITE AND SURROUNDINGS A Zone Ordinance Amendment (ZOA 93 -0006) was approved in 1993 to add Construction Contractor's Professional Office as a Conditional Use in the C -P zoning district. Ftrthermore, a Site Development Review (STAR 1 -78) was approved for this site in 1978 to allow construction of a commercial office building. No other land use application have been submitted to the City for this site. The subject parcel contains approximately 0.47 acres. The site is rectangular in shape and is relatively fiat. The site is located at 7035 SW Hampton Street, in the southern portion of the Tigard Triangle, east of 72nd Avenue, north of Highway 217 and west of Interstate #5. The subject parcel is developed with an existing commercial office building. This existing building will be retained by the applicant. The site is properly landscaped with ornamental trees, shrubs, grass, and a variety of flowering plant which are located all around the site. Properties to the north, south, east and west are zoned (Professional Commercial), and are all substantially developed, HEARINGS OFFICER - CUP 94-0001 HAGEL - HUGHES conn'. PAGE 2 III. APPLICABLE APPROVAL STANDARDS DIMillunneodgiminoiSak: 1. Chapter 18.64.040 lists Construction Contractor's Professional Office as a Conditional Use in the GP zone. 2. Chapter 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide: Adequate area for the needs of the proposed use; and Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. All required public facilities have adequate capacity to serve the proposal. The applicable requirements of the zoning district are met except as modified by this chapter. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. The use will on with the applicable policies of the Comprehensive Plan. Chapter 18.64.050)(6) specifies that the minimum landscaping requirement shall be 15 percent REARINGS OFFICER, - CUP 944)o01 - WEL . HUGHES coNsT. MOE 3 4. Section 18.100.030 requires that all developments fronting on a public street or private driveway more than 100 feet in length shall be required to plant street trees in accordance with Section 18.100.035 (Location of 100 035 L.,oca Street Trees). The minimum required spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. 5. Section 18.102.020 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of- ways. 6. Section 18.106.030(8)(9) (Parking) requires that one parking space be provided for each 350 square feet of gross floor space. This code also permits up to 25% of the parking spaces to be compact parking stalls. 7. Section 18.106.020(P) (Bicycle parking requirements) states that one bicycle parking space is required for each 15 automobile parking spaces. 8. i. k _y the Section 18.108.050 requires that a pedestrian walkway extend from floor entrances to the streets which provides the required pedestrian access and egress. 9. Section 18.108.080 (Access and Circulation - Minimum Requirements) states that if less that 100 parking spaces are required, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width. 10. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. It requires one disabled person parking space if one (1) to twenty -five (25) parking spaces are provided. 11. Chapter ter 18.114.13 0 ( )()(a)() states freestanding sign up to 32 0 � 1 a b states that one efre square feet per face may be permitted in the C -P zone. Wail signs are percent of the size of the wall which the sign is to be 17n.7ued to five (5) p `" mounted on. permits n ermits must be obtained prior to the installation of any sign on the premises. HEARINGS oBT!cEtt CUP 94 -0001 - RA WL HUGHES coca._ el .1 Y 12. Chapter 18.150.020(E) requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following. criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; r ° c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. 13. Chapter 18.164 contains standards for streets and utilities, a, Section 18.164,031(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Section 18.164,030(E) requires a major collector street to have a minimum 60 -80 foot right-of-way, a 44 feet minimum roadway width, and 2 -4 moving lanes. Section 18.164.070(A) requires sidewalks adjoining both sides of a 6 major collector streets, r•� HEARINGS - GIMP g� -0001 MAUEts HUGHES eoNST, PAGE 5 • ,. 0 Section 18.164.090 requires sanitary sewer service. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Applicalite_CmachogYaltan2olisiti. falizaanput: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Matmaiality: Policy 42.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. kublielltilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. .Siredimpnivemanti: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. ItmtimatementS. Policy 8.1.3 states that the City will require the following as a precondition of approval: a. Development abut a dedicated street or have other adequate access; b. Street right-of.way shall be dedicated where the street is substandard in width; The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development: The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impact: HEARINGS OFFICER - COP 94-0001 - HAGEL HUGHES CONSt, PAGE 6 e. Street improvements shall be made and street signs or signals shall be provided when the -,!zvelopment is found to create or intensify a traffic hazard. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: The site is located within the Tigard Triangle Specific Area Plan that was recently completed (Ian. 1994) for the City by OTAK Inc. \ DKS Associates. In addition to confirming the necessity of SW Hampton Street as a Major Collector (as shown on the City Comprehensive Plan), the plan recommends that SW 70th Avenue be included within the proposed street system for the area as a Minor Collector. This is a change from the current un-improved status and previous assumptions, and could affect the site with the future development of SW 70th Avenue. The parking layout and access to the site should be revised to provide for this future change. The existing improvements along SW Hampton Street have been completed in accordance with City standards in conformance with the requirements for a Major Collector. No additional street construction along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground. With respect to SW 70th Avenue, the applicant should dedicate the right-of-way for a typical City street, 2$ feet from centerline, and be required to sign an agreement of non-remonstrance to the formation of a future LID for the development of the street improvements. This dedication would combine with 6111/2. existing dedication of 30 feet made by the adjoining subdivision to make the street 55 feet wide. HEARINGS OFFICER - OUP 94-0001 HAGEL . HUGHES CONOT, PAGE 7 3. $ 4" EXA • r iR: The site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. 4. SIDEALS1nR, The site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 9147) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.02 of the R & 0 states that "The provisions of Chapter all new or additional impervious surfaces... ". 7 shall apply to dll activities which create Since the intended use will not create any new impervious surfaces this application is not required to install a on -site water quality facility or pay a fee in -lieu of construction. However, should a re- design of the p arkin lot and access to the site require parking additional paving, the requirement of the fee In -lieu may apply. 5. The City of Tigard Operations Department, and City of Tigard Building Division have reviewed this proposal and have offered no connnents. V. CI1 & AGENCY COMMENTS I. The facilitator for the East Citizen Involvement Team was rnotied of the proposed subdivision. The Involvement Tear has not provided any comments or objections to this development. In addition, applicant conducted a neighborhood meeting. 2. The Tualatin Valley Fire & Rescue District, Tualatin Valley Water District have reviewed the proposal and have offered no comments or objection: No other continents was received • " 3. by the Planning Division, HEARINGS ofF`IcER OUP 94.000i - t tEL - HUGHES Go"ST PAGE 8 A. V. E M AL A ON OF REQUEST g 18.130,040: The proposed use requires a Conditional Use approval. This proposal complies with the conditional use standard of the C-P zoning district, and the standards of Chapter 18.130 (Conditional Use). The site provides adequate area for the proposed new ine of the existing office building. There are no apparent physical obstacles to this use on the site. Adequate public utilities are available to serve this use as addressed further in this report. Setbacks, lot coverage, and building height requirements of the C-P zone, and the applicable Comprehensive Flan Policies are satisfied by this proposal Se ions 111QUal and 18.1(at (Street Trees) is partially satisfied as demonstrated on the preliminary site plan. The minimum required spacing for street trees is 20 feet with a maximum spacing of 40 feet. The applicant proposes to retain the one (1) street tree along the site's frontage on SW Brampton Street. The street frontage of this site is approximately 110 feet. This distance requires the provision of a mininrum of three (3) street trees. The property also abuts SW 70th Avenue by a distance of 151 feet. This distance requires the provision of a minimum of four (4) street trees along the frontage on SW 70th Avenue. The preliminary site plan as submitted provides for one (1) street tree along the site's frontage on SW Hampton Street. In addition, the applicant has not submitted a detailed landscape plan. Therefore, a detailed landscaping plan shall be submitted to the Planning Division. The landscaping plan shall show provision for two (2) additional street trees along the site's frontage on SW Hampton Street, and four (4) street trees along the frontage on SW 70th Avenue. In addition, applicant shall also submit evidence that the site has a minimum landscape coverage of 15%. Section 18.102:020 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right -of -ways. A clear vision area shall contain no vehicle, hedge, planting, fence, signs, wall structure, or temporary or permanent obstruction exceeding three feet in height. The code provides that obstructions which may be located in this area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed). A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right, HEAR %TIGER = CUP 94 -000 • marl ,. HUGHES MST, PAG1 9 of-way and the driveway and then connecting these two 30 foot distance points with a straight line. Placement of any future possible obstructions including street trees and freestanding sf'gn shall comply with this standard. Proposed placement of sign any street trees shill be reviewed by the Planning Division for compliance nt, the requirements of Sections 18.102 (Vision Clearance) and 18.114 (Signs) Section l&MD (Parking) requires one (1) parking space for each 350 square feet o± gross floor area. The existing structure is approximately 2,230 square feet. The site plan and the applicant statement indicates that eight (8) parking spaces will be provided. A total of eight (8) parking spaces are required for Ws , development. Therefore, this code requirement has been satisfied. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. It requires one disabled person parking space if one (1) to twenty-five (25) parking spaces are provided. Approximately one (1) disabled person parking space is required for this development. The proposed site plan does not show provision such disabled person parking space. A revised site plan shall be Submitted to the Planning Division showing the provision of one (1) disabled person parking space. ctio 18.10 20(P) Bicycle parking requirements states that one bicycle parking space is require) for each 15 automobile parking spaces. Therefore, one (1) bicycle parking space is required. The applicant has indicated that one (1) bicycle parking space will be provided on site. Therefore, a revised site plan shall be submitted showing provision of one (1) bicycle parking space. Section requires that a pedestrian wall way extend from the ground floor entrances to the streets which provide the ,fired access and egress. The site plan does not propose such a pedestrian , may. Therefore, this code requirement has not been satisfied. A condition requiring this walkaway is warranted. • Section 2,120 r (Access and Circulation Minimum Requirements) states that if less that 100 parking spaces are required, the minimum access width shall be 30 feet with curbs and 24 feet of pavement width required. Since this site has eight (8) existing parking spaces, the required paved width for access, egress and on -site circulation shall be 24 feet. As demonstrated on the site plan, the existing access has a minimum access width of 23 feet, which does not meet the ininaunt access width required by code. The requirement of this code section can be satisfied by HEARINGS OFFICER - CUP 94-0001 - HAGFL - HUGHES COACT PAGE 10 PROPERTY LOCATION: Address: Tax Map Q Tax Lot: NECESSARY APPLICATION(S): PROPOSAL DESCRIPTION: P h0 ne ZONING DESIGNATION: DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: .24222____ dq. ft. Minim= lot width: ft. Setbacket front __L"„=_,. ft. side ft. garage pig ft. corner __ ft. Maximum Bite coverages % Minimum landocaped or natural vegetation araa: Maximum building height: ft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS a Minimum lot frontage: 25 feet unlefis lot i created 'through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. Maximum lot depth to width ratio of 2.5 to 1. SPECIAL SETBACKS Street:It . ft, from oeriterlin® of getabliehed areas: ft. from ,_, • IIM11•01■11•0114■1•M Lower intensity zoned:_„ ft. along the bitted _.......,....„, bdtindary BUILDING BEIGHT PROVISIONS Building Beight Exceptions (Code dection 18498.020): nuildiuge located in a nOritedidential zone ma be built to a height Of 15 feet provided: 1. 11 idilithatijill FAA (building fiber area to cite area tatiO) Of 1.5 to i will dkidtt 2. All actual building oetbacka Will be at least 1/2 the buildingie height; and 3. The dtrUbtUre Will not abut a reoidential Zone district. Pagel providing the minimum access and pavement width, or by applying for and gaining approval of a variance to the standards of Chapter 18.108. Section ,�,8,114.1 0�1_ )LJ) (Signs) allows the placement of wall, and freestanding signs on this site. No signs have been proposed as part of this development. Sign permits shall be obtained prior to the installation of any sign on this premises. Section „1 &Q (Trees) which requires permits for the removal of trees is not applicable to this development because the applicant has indicated that no trees will be removed at this time. If in the future the applicant proposes to remove trees on this site, a tree removal permit shall be applied for and obtained prior to the removal of any such trees. Section $,x:, 4.030( (Minimum Rights - of-way and Street Widths) contains the regulations pertaining to street standards. Southwest Hampton Street is classified as a major collector street. The Engineering Department has determined that while no additional right -of -way dedication is required for t5W Hampton Street, additional - ditional right of way is required to be dedicated to the public along the frontage on SW 70th Avenue, which will provide for the standard half - street width of 25 feet. This dedication will increase the total right -of -way on SW 70th Avenue to 55 feet. Southwest 70th Avenue is classified as a local street, but proposed as a minor collector street on the DICS/OTAIC Triangle plan. Section +64�. 0200 requires sidewalks adjoining both sides of major collector streets: The existing improvements along SW Hampton Street have been completed in accordance with City standards in conformance with the requirements for a Major Collector. No additional street cons 'action along SW Hampton Street will be necessary with the exception that the overhead utilities should be placed underground. Existing utilities are placed underground. Section 18.16010 requires sanitary sewer service. The site currently has 8 inch public sanitary . sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. Section 18.164.1® requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The site is currently developed, F ar develo paved . k�n. lot that drains toward S. with � ith a p • 8 _ SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. HEARINGS OFF`IcER - CUP 94 -0(011 HA= - HUGHES CONS m 11 • 13. n~ Street t Im oenv t1 The conditional use proposal complies with Policies 8.1.1 and 8.1.3 because the site abuts a ntajor collector street that is fully developed and . provides for both adequate and safe access to � • • p ' � the site. In addition; the developer COI has been required by the City's Engineering Department, to dedicate right -of -way P g g to the public along the f The � frontage on S'1�' which � provided , _,_.. _ .. 70 venue v�Phic is classified as a local street. The developer is required to sign an agreement on form provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW 70th Avenue. The area as previously mentioned is substantially developed, and most street improvements li • This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: £itizen. Xn : The conditional use is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the East Citizen Involvement Team, and to owners of property within 250 feet of the site. The site has been posted with a sign which states that a development application is pending for this site. Water Quality: The proposal complies with Policy 4.2.1, because the Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 9147) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. Section 7.02 of the R & 0 states that: "The provisions of Chapter 7 shall apply to all activities which create new or additional impervious surfaces... ". Since the intended use will not create any new impervious surfaces this application is not required to install a on -site water quality facility or pay a fee in -lieu of construction. : Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the site currently has 8 inch public sanitary sewer lines located in the adjacent street, with sewer stubs to the property line. The main line has sufficient capacity for this development and no additional public improvements are required. Furtheirnore, the site is currently developed, with a paved parking lot that drains toward SW Hampton Street. The existing underground storm sewer system has sufficient capacity for the site. 4. HERtINGS oP`P`Xt CUP 94 O®o1: - tlAoEt HUGHES CONS'?. • PAGE 12 such as additional future right-of-way dedications, placement of street signs or signals are already existing in this area. The extent of the impact of this development will be minimal to the area as a whole. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings staff recommends APPROVAL of Conditional Use Permit proposal CUP 944001 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF SICCITANMERMus. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIOIN'S SHALL BE MICHAEL_MDERSM IN THE ENGINEERING DEPARTMENT, 639-4171. Additional right-of-way shall be dedicated to the Public along the SW 70th Avenue frontage, for the standard half-street width of 25 feet from centerline, to increase the total right-of-way to 55 feet. The legal description shall be tied to the existing right-of-way centerline as approved by the Engineering Department. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 2. An agreement shall be executed by the vpplicant„ on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW 70th Avenue. STAFF CONTACT: John Hagman, Engineering Department (639-4171). The applicant shall submit a revised site plan that indicates how parking and the required setbacks would be provided with the future improvement of SW 70th Avenue, STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171) HEARINGS OFFICER - CUP 94-0001 HAGEL HUGHEg CONS, PAGE 13 4. The applicant shall submit a revised site and landscaping plans that shows provision for the following: STAFF CONTACT: Victor Adonri, Planning Division (639- 4171). a. Provision of one (1) disabled person parking space, and one (1) bicycle parking rack space. b. Provision of a minimum access width of 30 feet, and a pavement width of 24 feet, c. Provision of one (1) pedestrian walkway wblch extend from the ground floor entrance to the street. d. Landscaping plan showing provision of two (2) additional street trees along the frontage on SW Hampton Street, and four (4) street trees along the frontage on SW 70th Avenue. In addition, applicant shall show evidence that the site has a minimum fifteen (15) percent landscape coverage. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN' Mali TIIa OF THE EFFECTIVE DATE OF THIS DECISION. Prepared By :Victor icstor AdOiar Dat: Ansiothiat Planner HEARINGS OFFICER -CUP 94-0001 - HAM - HUGHES GoNSV. PAGE 14 vico�va-r EXHUi T MAF 114lT AL POINT 504.03 a N 89'O5 I 4. 4 110.00 800 13 01 14 S'0" 00 1400 21 moo 1 900 I 1 1 s 1 4111,35 15 01 I !...) r .......) L�.,roa.0 ;. 0 NO ffr.00 kj 1,111 ,., 1 s ®vro f ,t' 1 1300 1 i 1 Est e I ®I �_ J �A 19 :4168 18 1 -1 - i i $ 1 1141.00 I1a.03 100 i 2000 I ti l I �.� tL.r. 41A0 5 S$ 0J V1 I 4 0 • < • T4.i14 S4 W. HAMPTON STREET i 1 2 1 i _....... I STRT , 84. 40,, 1600 a 4 , , ;0;, dgeorat, et r Ig.) i I I 4 u i 01 zi.1.4 , ,i1 / ► t 1N 1 . g111143,------1- k 1 , J t. / ) bN .i.' . ' ; 1 1 6-141 yot. J ',,,, /r1 i ,,, 1 e mt A acip4.... 1 , kt,44. &to, 1 I I t. DAil OM\ SEE MAP 2S 1 1 AD are: -- 74e pro pos 04aL'', to ?O.& Ave k :1'7,/keeir! ) /vim' 't ��ci Q ae pad' 0#446 a // flea) h e4/1 ler o/e..°. afrey/e/ed -/e ,44/ " 04coyeo,W ,i€661 pvimielly toms 5 di'4071 44, pofrsed it) ac, $z 15,466,6. 4/. 06,4 Pi. .t)ey112. I o so 0 Aro e Might 4 Post.rrouting moot pet 7444 PIbase BEAD HANDLE APPROVE and FORWARD RETURN KEEP OR DISCARD REVIEW WITH ME IRUTIN *PARKIEG AND ACCESS Required parking for thi type of usA' Secondary nue required parking: Mgem2reetheeLapil of required "spaces may be designated and/or dimensioned <X- as compact ewes. Parking stalle shall be dimensioned as follows: - Standard parking apace dimensions: 9 ft. X 18 ft. - Compact parking spaqe dimensions: 8.5 ft. X 15 ft. Disabled parking: Al]. parking areas shall previde appropriately located and dimensioned dieabled persdn parking epaces. The minimum number of disabled parser' parking "spaces to be provided, as well As the parking stall dimensions', are mandated by tie Americans with taxabilities Act (2DA). A handout Le available upon requeut. A handicapped parking symbol uhall be painted on the parking apace surface and an appropriate sign "shall be posted. Bicycle racks are requited for cie'. non-residential, commercial and industrial developments which provi 15 or more parking epaces. Bicycle racket ellen be located in areas reteemieed from automobile traffic and in convenient locations. Bicycle larking upacee "shall be provided on the bashes of grIgeg2aoo for ovitEr_JAAPIIIOUlaresmriingespaces. 4 U driveways' and parking areas except for some fleet storage areas must be paved. Drive-in use queuing areae: Minimum number of accesses: Minimum accAle widths v,:':eet Maria acceee width: Moteet eV-Pedestrian accede nut be provided between building entrances and parking area°, outdoor common areas, and public sidewalks and °treats. 4VA minimum of one tree for every seven parking spaces must be planted in and around all parking areas in order to provide a vegetativo canopy effect. Landscaped parking area ghat include opecial design featured which effectively screen the parking lot areas from view. These design features May include th,, use of landscaped berms, decorative walls, and raioed plantere. For detailed information on design requirement's for parking areas and accesses see bevelopment Code Chapter d 18.100, 18.106 and 18.108. *CLEAR VISION AREit The City requires that Clear vidion areas be maintained between three and eight feet in height at toad/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional clesesification. e3pt Page 2 BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. R quired buffer areas are described by the Code in texas of width. Buffer areas must be occupied by a mixture of deciduous and evergreen treea and ehrube and must also achieve a balance between vertical and horizontal plantings. Site obscuring{ screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may oaly be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area material° and nizea may be found in Code Chapter 18.100. The required buffer widths which are applicable to your proposal area: ft. along north boundary ft. along east boundary ft. along south boundary ft. along west boundary In addition, sight obscuring screening is required along Nom, ,24 K STREET TREES Street treed are required for all developmuenta fronting on a public or private street as well as driveways which are more than 100 foot in length. Street trees must be placed either within the public right-of-way or on private property Within he right-of-way boundary. Street trees m� have a minimum caliper of at leant two inches when measured four feet above grade. Street treed should be spaced 20 to 40 feet apart depending on the branching width of the tree at maturity. Further information on regulations affecting street trees may be obtained from the planting Division. 4 SIGNS Sign permit° must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Si vn Permits" handout in available upon request. Additional sign area or height beyond Code atandarde may be application. permitted elten wive nal in reviewed ad part of a development review rs�itted if the sign ro pP Alternatively, a Sign code Exception application may be filed for review before the Hearings Officer. SENSITIVE ADS Code Chapter 18.84 Pt Provides regulations for lands which are potentially unsuitable for development due to arose within the 100 -year f loodplai , natural drainageways, wetland areas, on alopen in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areal at the pre - application conference based on available information. HOWEVER, the _ rc € »onnii ility to nsoci.dely_. identay _pet_ sie lands areas and their_ boundaries is the red • �+nathilit of the aatpp1icant.. Areas meetire the definitions of sensitive lands must he clears indicated err , Mans r3rabraitted with the . develoent application, Page 3 Chapter M84 « lao provides regulations for the sue, protection, or anodificat'.on of aen ®itivo laude areas. In moat canes, dedication of 100 - year flocdplain areas to the City for park and open apace areas is required ad a condition of the approval of a development application. ADDITIONAL CONCERNS OR COMMENTS Administrative staff review. Public hearing before the Land Use Hearings Officer, Public hearing before the Planning Coisaion. Public hearing before the Planning Commiasion with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Divianion staff member at the Community Development Department counter at City Hall. PhWALAWAL malsatiamp aubmitted b ma or dto •,• d o f at tha ouin „ without a i i D'vid o e a.e ce be etu d Applicationa ubmitted after 4430 P »M. on Thursday will be batched for procedring with the following melee applications. ati.oane will. bri► acoptec. after 3soo_P.s.youn P'riday;e_or �4s30_on cat�ier_dayd a�,a submit tod wit an a,' i.cation shall be , lded IN A DVAriCp to 8.5 by it xic eaa t�no _ e 5 _ _ inch by 1 i ch p to Arocor1ed„ ro ertt oul, be ,e d for attvilLme, t to in® staff _ , ee C►rt a _aelna3.ni. trat ,.ve decision. ration wi refolded alas shall neat e..,acceap gd The Planning Division and Engineering Division will preform a preliminary review of the application and will determine whether an application in complete within 10 days of the counter submittal. Staff will notify an applicant if additional information or additional copied of they submitted anateriald are needed. The administrative decision or public hearing will typically occur approximately to 60 days after an application is accepted an being A licationi involving difficult or complete rab 1 the35P1a�ening Divi ®ion» pp protracted ieaued or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued Eleven (1) daya prior to the public hearing. A 10 day pa�ter would be heard ears b the . C.G�.� d iniond. An appeal on this is appeal period follows all land see m A basic flow chart which Liludtrat4',i the review process is available from the Planning Division upon regtttest. Page This pre-application conference and the notes of, the confaranoe are intended to inform the prospective applicant of the primary C *unite Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to dismiss the opportunities and conatraainta affecting development of the site. The conference and notes; _mast covet' all Code requirements and aspects of gocd site planning that should apply to the development of ycer cite plan. Failure of the staff to provide information required by tide Code shall not constitute a waiver of the applicable standards c r requiremente. It ie recommended that a parospeotiee applicant either obtain and read the Community Development Coda or ask any questions of City ataff rotative to Code requirements prior to submitting an application. Another pre- applioatices conference is required if an application i►e to be submitted more than six months after this pre- application conference, unless the esecond conference in deemed unnecessary by the Planning Division. Page 5 MOSINEM 'PUBLIC FACILITTILS Tho purpose of the pre - application conference Le to: (1) Identify applicable Comprehensive Plan policies and ordinance provision°; (2) To provide City staff an opportunity to cement on specific concerns; and (3) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which °hall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the deciasion making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as r ondition of dev-1.opment approval for your proposed project. t,i, ht. of -wa dedication: The City of Tigard requires that land area be dedicated to the public: 1) to increase abutting public rights -of -way to the ultimate functional street classification right -of-way width es specified by the community Development Code; or 2) for the creation of new etreets. Approval of a development application for thin site will require right-of- way dedication for: 3. to Strelethm ro_yeme o 1. 142- street improvements will be necessary along < . .. 2. at.reet improvemnente will be necessary along feat from centert SSE®. feet from centerline. feet from centerline. 3. Street improvements shall include feet Of pavement frosa centerline, plus the installation of curb and gutters, a storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the gngineering Department) , a five -foot wide sidewalk (Sidewalks may be rewired to be wider on arterials or major collector Streets, or in the Central Duainenas District) , neceeaary street signs, streetlights, and a two year rstreetlighting fee. In some cases, where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In ouch dates, t condition of development apprOval may be reMonetrance�' agreement which„ Waive the property owner • a right to pe requires th, owner (s) to execute a non- 0 remonstrate against the formation of a local improvement district formed to improve: 414444144/ r,,, *NYE) .44i 404, i. 2. 42.2)AV 61/14.4,448, .3/401 .4, • • - 1 • • flanAgmv..ftemoil The nearest sanitary sewer lint to this property is a(n) inch line which is located in moumeamme alemovommowsworalass The proposed development must be connected to a sanitary sewer. It is th developer's responsibility to extend the sewer along the proposed development site's 970 -eleveA alotfrev-eln.,1/4„07 /0"67t,1247- liatmcjaupslyj. The Tigard Water District (Phone: 639-1554) or the Tualatin Valley Water District (Phone: 642-1511) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. /klm_Eggivstlep: Tualatin "Valley Fire and Rescue District (Contact: Gene Birchill, 645-8533) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other ncy Permitd: ptorm tatMLLWESWIEVAAL STORM/ITER QUALITY FEES The Unified Sewerage Agency has esteblished, and the City has agreed to enforce, Resolution No. 90-43 Surface Water Management Regulations which novices the construction of on-site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility and/or the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall detgratine if a fgt.)) may be paid or a facility shall be co1st ed. A iP••• ar 4( 4. IMMOMAIMWAIMINWAIMI, 61 /41 AWN, OrRAPPIC IMPACT PEES In 1990, WashinqtOn County adopted a county-wide Traffic Impact Fee (XP) ordinance. The Traffic Impact Fee program collects feed from new dktvelopvtiont based on the developMent*E4 projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the dauber of trips Which are projected to redult frOdi the proposed developMent. The calculation of the TIP id based on the proposed use of the Lind, the Site of the project, and a general use batted fee Category. The TIP Shall be at this. time of jakkdit_init _Issuances In limited circvthatdes, payment Of the TIP may be allowed to be deferred until the iscuande of an occupancy permit. Deferral of the payment until occupancy is permissible !ROA when the Wir is greater than $5,000.00. Page 7 STREET OPENING PERMIT FIN No work shall be preformed within a public right-of.dway, or shall comMence, until the applicant hag obtained a street opening permit from the Engineering Department. 4-1 41 fr°214:9°il FLOOR ELEVATIONS All pr shall au indicate elevations eats that require a grading plan also require that the applicant t a typical floor plan for each lot. This floor plan shall he elevations of th;, four corners of that plan along with t the corner of each lot. AP:preapnon PREPARED Bt:. Page 11 c, ENGINEER/N DIVISION PHONE: 639-4171 e., . • ••■ ■• 11* CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST Staff kJ.Jrb Date The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other oaterials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171. BASIC MATERIALS ITEMS TO BE INCLUDED: A) Application form (1 copy) (i4 8) Owner's signature/written authorization Ebr C) Title transfer instrument EA" D) Pssessor's map E.-I E) Plot or site plan [4- F) Applicant's statement C-3-- (G4-44et-e-g-pr-mar-g--&-addcassag--44-thin-454-400t, [3 (1) Filing fee ($.....a) C 3 SPECIVIC MATERIALS A) . Site Information shaqina (No. of copies IL): 1) Vicinity Map 2) Site size & dimensions 3) Contour lines (2 ft at 0-10% or 5 ft for grades >10%) 4) Drainage patterns, courses, and ponds 5) Locations of natural hazard areas including: a) Floodplain areas b) Slopes in excess of 25% c) Unstable ground d) Areas with high seasonal water table e) Areas with severe soil erosion potential f) Areas having severely weak foundation soils 6) Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats b) Wetlands 7) Other site features: a) Rock outcroppings b) Trees with 6" 4, caliper measured 4 feet from ground level 0) Location of existing structures and their uses 9) Location and type of on and off-site noise sources 101 Location of existing utilities and easements 11) Location of existing dedicated right-of-Ways 13) Site DemalpmgmmLnaniglowing (No. of copies 1) The proposed site and surrounding properties 2) Contour line intervals - 3) The location, dimensions and names of all a) Existing & platted streets & other public ways and easements on the site and on adjoining properties APPLICATION CHECKLIST - Page 1 3 (3 (3 (3 E 3 3 C's b) Proposed streets or other public ways & easements on the site. Der c) Alternative routes of dead end or proposed streets that require future extension C 3 The location and dimension of: a) Entrances and exits on the site E b) Parking and circulation areas (01 c) Loading and services areas [ d) Pedestrian and bicycle circulation Cv e) Outdoor common areas, tee f) Above ground utilities CYO The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site t vi b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions L 3 7) Sanitary sewer facilities 8) The location of area to be landscaped 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes t 3 11) The location of all structures and their orientation (.3"' 12) Existing or proposed sewer reimbursement agreements [ 3 Grad in Plan (No. of copies ,,,,62L) .. C 3 site site1an.. ysis drawings nd shall at The site development teplan shall dude a grad the same scale a y contain the following info tion: 1) The location and ext- t to which gr ►'ding will take place indicating .neral contou lines, slope ratios and soil stabil ation propos so and time of years, it is propose to be donee A statement m a ratgiste ed engineer supported by data fact : l substantia arag a) Sub rface explor ion and geotechnical e F ineering re rt C 3 b) ' e validity o,. sanitary sewer and storm drainage se ice propos ,lL ( 3 c) That all problems will be mitigated and how they will be mitigated 1 3 W D) Architecturaj....Dr,.,_ s (loo. of copies ) The site development plan proposal shall include: 1) . Floor plans indicating the square footage of all structures proposed for use on-.site and 2) Typical elevation drawings oV each structure. l.andsc tpe plan (No. of copies ) : The landscape plan shall be drawn at the same scale of the site analysis plan or a 1irger° scale if necessary and shall 1) lc Description of the irrigation system where applicable t4. 2) Location and height of fences, buffers and screens t] t APPLICATION CHECKLIST Page 2 3) Location of terraces, decks, shelters, play areas and pormon open spaces C 3 4) Location, type, size and species of existing and Cam, proposed plant materials. The landscape plan shall include a narrative which addresses: 1) Soil conditions. C 3 2) Erosion control measures that will be used. C 3 Sign Dra Bras Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. Cl/' G) Traffic g iteration estimate► H) Prelimin mEgTtitio or lot li ius t raj showing► (No. of Copies ) ° 1) The owner of the subject parcel C 3 2) The owner's authorizer' agent C 3 3) The map scale, (20,50,100 or 200 fee l), inch north arrow and date C 3 4) Description of parcel location and boundaries C 3 5) Location, width and names of streets+ , easements and other public ways within and adjacent to the parcel C 6) Location of all permanent buildings on and within 25 feet of all property lines C 3 7) Location and width of all water courses C 3 8) Location of any trees with•6" or greater caliper at 4 feet above ground level C 3 . 9) All slopes greater than 25% C 3 3 10) Location of existing utilities and utility easement 11) For major land partition which creates a public street: a) The proposed right-of-may location and width C 3 b) A scaled cross-section of the proposed street plus any reserve strip C 3 12) Any applicable deed restrictions C 3 13) Evidence that land partition will not preclude efficient future land division where applicable C 3 I) Subdivisi on rr r nar ..pat aud dats►(No. of Copies ) r feet to the inch 1) Scale limited nto one sheet ( 3 2) The proposed name of the s�iirelationshi C 3 3) Vicinity map showing property's p to arterial and collector streets C 3 4) Names, addresses and telephone numbers of the owner developer, engineer, surveyer, designer, as applicable( 3 5) Date of application C 3 6) Boundary lines of tract to be subdivided C 3 7 Names of adjacent subdivision or names of recorded owners of adjoining parcels of unsubdivided land C 3 4) Contour lines related to a City - established bench- mark at 2-foot intervals for 0-10% grades greater than 10% C 3 APPLICATION CHECKLIST v Page 3 9) The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): 1) a) Public and private right-of-ways and easements ( 3 b) Public and private sanitary and storm sewer lines ( 3 c) Domestic water mains including fire hydrants 1] d) Major power telephone transmission lines (50,000 volts or greater) ( 3 e) Watercoursre, E 3 f) Deed reservations for parks, open space, pathways and other land encumbrances ( 3 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated ( 3 11) Plan o the proposed water distribution system, showing pipe sizes ad the location of valves and fire hydrants. (3 12) Approximate centerline profiles showing the finished grade of all streets including streat extensions for a reasonable distance beyond the limits of the proposed subdivision. ( 3 13) Scaled cross sections of proposed street right-of-way; (3 14) The location of all area subject to inundation or storm water overflow . t 3 15) Location, width and direction of flow of all water- courses and drainage ways ( 3 16) The proposed lot configurations, approxklate lot dimens1ons and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicattd.upon such lots ( 1 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above 7,round level, and the location of proposed tree plantings, if any t 3 18) The existing mses of the property, including the location of all structures and the present uses of the structuras, and a statement of which structures are to remain after platting (3 19) Supplemental information including: a) Proposed deed restrictions (if any) (3 b) Proof of property ownership (3 c) A proposed plan ft 4 provision of subdivision improvements ( 3 20) Existing natural features including rock out- croppings, wetlands and marsh areas. ( 3 21) If any of the foregoing information cannot practicably be stlwn on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. (3 (2362P/000) APPLICATION CHECKLIST - Page 4 ✓11ui1dinq Official/Dave S. City Recorder _nginssring /Chris D. Permits Facilitaator/'ViAa a. 3. SPBC.AL DIS1 UCT8 V Firs District (Pick -up boa) Tualatin Valley Water District `-" 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. Arm= JURISDICTIONS Wash. Co. Land Use 4 Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin • Nike Rorreson °-° Bcott Ring - Fred Iberia City of Osaysrton Jim Principal Planner PO Box 4755 Beaverton, OR 97076 City of Bing City - City Manager 15300 SW 116th Xing City, OR 97224 City of Lake Cameo ----City Manager 380 SW A Lake Oawego, OR 97034 State Highway Divirlon - nab Doran P© Root 25413 Port:la nd, OR 97225 -0412 School Dist No. 48 (Be veaverrton) PO Hes 200 BOavertocb, OR 97075 Sch001 Dist. 23J (Tigard) 13137 SC Pacific Hwy. Tigard, OR 97223 Unified Sewerage Agency /SWK Progras 155 N. First St. Hillsboro, OR 97124 Boundary Coaaasission ---- 320 OK Stark Room 530 Portland, OR 97204 � t0<TRO - f srac*S PROGRAM -- Hal Buie (CPAshOh's) 600 NW Grand Portland, OR 97232 -2736 DLCD (cPA•a /zokrs) 1175. Court St. NB Salem, OR 97310-0590 ..�.... Other City of Durham City Manager PO Boot 23463 -3403 Tigard, Oil P/7:4. City of Portland • Planning Director 1120 SW 5th Portland, on 97204 COOT • Lidvie n Rahaann,. 9002 SS Loughlin Blvd. Glilwaukie, OR 97222 City of Tualatin '~` PO Beat 369 Tualatin, OR 97062 S. OPRCIAL AOOCIZO j `"General Telephones Engineering Office PO Box 23416. Tigard, OR 97201 -3416 NW Natural alas Scott Palmer 220 NW Second Ave. Portland, OR 97209 TCZ CableVisian of Oregon Mike Aleck 3500 SW Bond St. Portland, OR 97201 Cola is Cable (Frank Stove) 14200 OW Erigadoon Ct. Beaverton, OR 97095 6. STATI nannazd Aeronautics Div+. (ODOT) Division of State sands - -"'- Camerae Dept: - «. H. Park �,„ Fish 6 Wildlife PV - Dept. Of Snviron. Quality 7. rsonnat hannana Corps. of Engineers Post Office __Zg;tland Gen laic. General l c. Brian Moore 14655 SW Old Scholia Fry. Beaverton, OR 97007 !Metro Area Communications Jason Hewitt .. Twin Oaks Tachno1OjyCanter 1815 NW 169th Places S -6020 Beaverton, OR 97006 -4806 Uft Went ---- Pets Belson 421 OW Oak Bt. Portland, OR 97204 Trl -Nat it it Dew. KU Imo* 4012 BH , filth Ave. Par find r OR 97202 ..4.L: DOGAMI OMSK , =�� CTS Sputhora Pacific Transportation Company Duane Ml. Forney, PLR Project Beginner 800 NW 6th Avenue, _A. 324, Union Station Portland, OR 97209 AO't *." • APPEALS Director's Decision to Planning Commission . coats Planning Commission/Hearings Off. to Council BLASTIMG PERMXTS COMPREHENSIVE PLAN PROCESSING CONDrTICUAL USE PROCESSXN0 $675.00 ,- Text only, Map only, Conditional Use Review FLEXIBLE SETBACK STANDARDS HISTOUIC CVERLAY DISTRXC HOME OCCUPATION Origimalr-Vemmit 4temewall rNWERPRETATION OP COMMUNITY DEVEIrlmenT CODE by Community Development r tatment LAND PARTITION Residential and Non-resi< $235.00 LOT LINE ADJUSTMENT $50.00 PLANNED DEVELOPMENT PROCESSING $500.00 smsrms LANDS Conceptual and detailed plan review Flood plain $520.00 Wetlands/Steep slopes/Drainageway $235.00 SIGN CODE EXCEPTIONS $230.00 SIGN PERRrT 0-24 sq. ft. $ 10.00 24-100 sq. ft. $ 25.00 100 + sq. ft $ 35.00 L' SITE DEVELOPMENT REVIEW $ 10.00 Temporary signs . Under $10,000 . $ 10,000 $ 99.999 $ 100,000 - $499,999 $ 500,000 - $999,999 $1,000,000 or more over $1 million not to exceed SUBDIVISION PRELIMINARY PLAT Subdivision Variante, if needed TEMPORARY USE Director' Decision . . . . Special exemption/Non-Profit TREE REMOVAL. PERMIT . . VACATIONS Streets and public access $ 80.0 $155.00 $315.00 $415.00 $520.00 $1 per $10,000 $2000. $415.00 + $S/Lot $105.00 VARIANCE Administrative . . Sign Code . . . . $230.00 ZONE CHANGE ANNEXATIONS Less than 10 acres $520.00 10 acres or more $625.00 ZONE CHANGE PROCESSING Leas than 10 atres • A* 10 acrea or more • 46 di ZONE ORDINANCE AMENDKERT JOINT APPLICATION PLANNING FEE . . • . . 100% of highest planning fee plus 10% of all additional planning fees related to the proposal. brAtest.k.11. • . $520.00 • $625.00 $310.00 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] * ** * * ***** ** ** ** *'fit* fit * * * ** * ** * * * **% ;4' * * *** ***fir'**** * * ** ** ** * ***** **fie'* ** * Date: 11/10/93 * Time: 16:46 :43 * Report Type: Far& List • Sort Type: Owner Name * Parcels Printed: 13 * * * * * ** * * * * * * * * * * * * * * * * ** * Prepared For: PHIL. GRILLO * Prepared By: * Company: ATTORNEY AT LAW * * Address: 319 SW WASHINGTON ST STE 920* * City /St /Zip: PORTLAND, OR. 97204 * * * * * * * * * * * * ** * * * ** ** * SEARCH PARAMETERS * ***** * * **** * *** ** * * ** er r, * * * ** ** *, * ** *** ** r* *** air *, rya* a ** * * ** r**** r * **** * * ** r *** r ** *, ITEMS SELECTED INDEX USED * * * * *** * *** ** * *** *** **** r * ** r * **** * * * * ** * ***** * ** * *** * *, ray * * * *** * * *, * * 2S101AD 03100 2S101AD 03000 2S101AD 02900 2S101AD 02800 2S101AD 02700 2S101AC 01600 2S101AC 01300 2S101AC 01000 2S101AC 00900 2S101AC 00400 2S101AC 00300 28101AC 00200 * 2S101AC 00100 ************************************** ** * * * * * * * * * * * * ** * ** * * ** * * * * ** ** Reference Parcel TICOR TITLE INSURANCE CO STATE WIDE CUSTOMER SERVICE (503)224 -0550 NIGHT LINE - (503) 2338888 : MetroScan /Washington Owner : BAKER JAMES I, Site :7075 SW GONZAGA ST TIGARD 97223 Mail :7075 SW GONZAGA ST TIGARD OR 97223 Use : 1012 RFS , IMPROVED " Census : Tractyy,�� 307.00 � �p Block 1. /M/'�y�/���M`apryG�rJid :655 Bedrm:3 Bth: 2 e 00 biz: 1966 Gar: COMMO1MI.L �LPo01: * 2 : MetroScan /Washington Owner: BELAND JOHN A; WA,NDA ANNE Site :12665 SW 69TH AVE TIGARD 97223 Mail :12301 SW MOFFITT CT WILSONVILLE OR 97070 Use :2012 COM, IMPROVED Census :+Tract 307.00 Block 1 MapGrid :655 Bedrm: Bth: YE: Gar: Pool: * 3 * : MetroScan /Washington Owner :BORDENKIRCEER LEONA F Site :7105 SW GONZAGA ST TIGARD 97223 Mail :7105 SW GONZAGA ST TIGARD OR 97223 Use :1012 RI IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 Bedrm :3 Bth :2.00 YB :1961 Gar:UNIMPROV Pool: * 4 MetroScan /Washington Owner: CARPENTER RICHARD L Site : *NO SITE ADDRESS* Mail :10211 SW BARBUR BLVD PORTLAND OR 97219 Use :2002 VACANT, COMMERCIAL Census :Tract Block MapGrid: Bedrm: Lath: YB: Gar: Pool: • 5.. -w : MetroScan /Washington Owner : DAVI S SHIRLEY A Site :7020 SW GONZAGA ST TIGARD 97223 Mail :4225 PENNSYLVANIA ST LONGVIEW WA 9 °632 Use :1012 RES , IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 Bedrm:3 8th :2.00 Y8:1962 Gar: COMMUNITYPoo1: * 6r :. : MetroScan /Washington Owner :GIESZLER JACOB F Site :7070 SW GONZAGA ST TIGARD 97223 Mail :7070 SW GONZAGA ST TIGARD OR 97223 Use Cerasus�TractES,TMPROVED Block 1 MapGrid :655 2 Bedrm :3 Bth 307.00 Block Gar :COMMUNI`YPOol: • 7 : MetroScan / Wahington w r � fr Owner:J T ROTH CONSTRUCTION INC Site :12755 SW 69TH AVE TIGARD 97223 Mai? :13779 SW CHARLESTON LN TIGARD OR 97224 Use :2012 CUM, IMPROVED Census :Tract 307.00 Block 1 MapGrid655 Gar: : Bodrm: 8th: YB � i Pool: Parcel :R0457525 Xfered :10 /01/92 Price :$95,000 Tot AV :$93,570 G4 RefPar # :2S101AC 00300 BldgSF:1,648 Ac: Parcel :R0457963 Xfered : Price : Tot AV :$45,750 G4 RefPar #:2S101AD 02800 BldgSF: Ac: • Parcel :R0457534 Xfered Price : Tot AV :$95,770 G4 RefPar #:2S101AC 00400 BldgSF :2,852 Ac: Parcel :R0457954 Xfered :03/19/90 Price : Tot AV :$17,780 RefPar # :2S101AD 02700 BldgSF: Ac: Parcel :R0457516' Xfered Price Tot AV :$77,530 G4 RefPar # :25101AC 00200 B1dgSF :1,273 Ac: Parcel :R0457598 Xfered Price : Tot AV :$92,880 • C G4 Ref Per .2S101A 01000 BldgSF: 1, 411E Ac: • Parcel Xfered Price Tot AV 04 Ref Par# BldgSF: :R0451972 :11/03/92 :$175,000 :$152,810 :25101 02900 Ac: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ,y . 4 * 8 * w r rr r » V - . + w r w - r e - r : Me t i o c n /Wash n gton Owner: KAISER FOUNDATION HEALTH Site :7125 SW HAMPTON ST TIGARD 97223 Mail :3600 N INTERSTATE AVE PORTLAND OR 97227 Ube :2012 COM, IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 Bedrm: Bth: YB: Gar: Pool: • 9 MetroScan /Washington Owner: KOLBERG STEVEN J; CYNTHIA THIA L Site :12775 SW 69TH AVE. TIGARD 97223 Mail :29781 SW TOWN CENTER LOOP W WILSONVILLE Ube :2012 COM, IMPROVED Census :Tract 307.00 Block 1 MapGrid :655 Bedrm:3 Bth :1.00 YB:1940 Gar: Pool: * 10 * : MetroScan /Washington Qwner: NEIME i'ER JOHN Site :1100 SW HAMPTON ST TIGARD 97223 Mail :PCB BOX 661 PORTLAND OR 97207 Use :2012 COM, IMPROVED Census :Tract 307.00 Block 2 MapGrid :655 Bedrm: Bth: YB: Gar: Pool: • 11 * MetroScan/Waehingtoxi Owner:NULTON NEAL A Site :7025 SW GONZAGA ST TIGARD 97223 Mail :7025 SW GONZAGA ST TIGARD OR 97223 Ube :1012 RES , IMPROVED Census:Tract 307.00 Biock 1 MapGrid :655 Bedrm :3 Bth :2. 0 0 Y B :1 9 60Gar:COMMUNITYPool : • 12 - - - b w war- . MetroScan/Washington n Owner :TOMMY BOB L SDOIE E Site :7120 SW GONZAGA ST TIGARD 97223 Mail :7120 SW GONZAGA ST TIGARD OR 97223 Ube :1012 RES , IMPROVED Census :Tract 307.00 Biock 1 MapGrid :655 Bedrm:3 Bth :1.00 `13:1965 Gar :CARPORT Pool: • 13 : MetroScan /Washington Owner :WESTON INVESTMENT CO Site :6950 SW HAMPTON ST TGARD 97223 Mail :2154 NE BROADWAY ST PORTLAND OR 97232 Use :2012 COM,IM %ROVED Census:Tract 307600 Block 2 MapGrid :655 Bedrm: Bth: YB: Gar: Pool: Parcel :R0457623 Xfered Price : Tot AV :$611,760 G4 Refpar# :2S101AC 01300 BIdgSF: Ac: : r r w w r w∎ w .r r w r ..... w r N w r∎ r. ■ Parcel :R0457981 Xfered :05/28/92 OR 97070ice :$102,500 Tot AV :$100,000 � q � q 03000 G4 Re f Par# : 2671 01AD B1dgSF :1,844 Ac: Parcel Xfered Price Tot AV G4 Re f Par# B].dgSF: :R0457650 :01/10/91 :$2,800,000 :$2,800,000 :2S101AC 01600 Ac :4.69 Parcel :R0457507 Xfered Price Tot AV :$77,080 G4 RefPar#:2S101AC 00100 BldgSF :1, 292 Ac: Parcel :R0457589 Xfered ed : Price : Tot AV :$82,070 G4 RefPar # :2S101AC 00900 BldgSF :1,491 Ac: Parcel Xfered Price Tot AV 04 Re f Par# B1dgSF: :R045 7990 :$2,148,500 :$2,929,000 :28101AD 03100 Ac :2.14 The Information Provided 13 Deemed Reliable, gut /e Not Guaranteed. 7y ** r ********************* CURRENT * SALE STATISTICS * ******************************************************************** Average Sale Price : $175,000 Average Loan Amount : Number of sales in last year Number of sales in last 6 months * * . Average Sale Price and Loan Amounts are calculated on li * sales within the last year. * ********************************************************************* ******************* * Farm Statistics * ******************* ****************************************** Owner Occupied : 5 AbOent Owner : 8 Average square footage : 1,687 Average 4 of bedrooms : 3 Average # of bathrooMs : 2.00 Average year built : 1960 ****************************************** 6 Owner Name r'• .'• •••••. •••• .'; • TICOR TITLE INSURANCE CO STATE WIDE CUSTOMER SERVICE (503)224-0550 NIGHT LINE - (503)233-8888 Site Address BAKER JAMES L BELAND JOHN A; WANDA A BORDENKIRCHER LEONA F CARPENTER RICHARD L DAVIS SHIRLEY A GIESZLER JACOB F J T ROTH CONSTRUCTION KAISER FOUNDATION HEA KOLBERG STEVEN J;CYNT NEIMEYER JOHN MILTON NEAL A TOMMY BOB L SUDIE E WESTON INVESTMENT CO 7075 SW GONZAGA ST 12665 SW 69TH AVE 7105 SW GONZAGA ST *NO SITE ADDRESS* 7020 SW GONZAGA ST 7070 SW GONZAGA ST 12755 SW 69TH AVE 7125 SW HAMPTON ST 12775 SW 69TH AVE 7100 SW HAMPTON ST 7025 SW GOVINGA ST 7120 SW GONZAGA ST 6950 SW HAMPTON ST Phone 639-1494 245-5956 639-6905 639-8702 620-1493 Farm 4 1 2 3 4 5 6 7 8 5 10 11 12 13 The Information Provided Is DeaMed Reliable, But Is Not Guaranteed. • 20 "T -. 600 ice' 400 3C e 12 s as s d i 00= 0 0 s a� V 2 A N D sea -03 100 «i6wC a •sca7es i7- 00106 1211, 02V 0130 sm. !. tl 02 UT0 MIX" SIT. ct SW GONZAGA , STREET 700 23 -81 I73.T ■ss0 1400. �?OI S4S Ac 21 11'J.QQ tti,C® 900 I 1000 I I • L • 2 Vii zz- ts0 ®6 es . 1 : is es P.Sa # S'0SC 1� �sJ+.14:,11,4:. !30 alp _I 20 1 1 19 • • stl i8 $ f IT s • 2000 200 A -35 0 • • • s mos 1100 sz w 2 T r /{ s� � saasSs S. W. HAMPTON STREET S P 2511A© SWSTRWMTMEET 0 -r liUNZIKER SEE HAP 2S I 10 STREETN 4. \ 3rq 1~ iM d et` SEE. MAP , ! Ina 521 MAP 22 I I[1A. LEGIB!L I STRIP SW IA NEL4 SECTION ~ I T2S R l.W WJL W 3 fl d3TON =MITT OREGON - SCALE i'.100' 614114 4 VW 60...E 46 • ta•.r•pit F. ,.. Zell B. 1 p'51;` �...a. st i' S.W. HAMPTON 4., odpitoN 14vi A I •` t is O 1 I - II 12A i STREET. o 4. I -.. ` ' ris-- — - - -A -- -- L �., I g N. x I r — -1- U M» ri Mk Mt 613. �SiIid! STREET ZEE Sat. .es I WA 110AND ZS I IAC LEGIBILITY STRIP 4300 .424. Villtaal IV 117-5 ®t -44443 a'r r25. 2600 .30 Ala 5 5 7 S 2s1T asa 1900 1 2 2532° 7.s 25 ate �g 1800 .9/ 4 3 4 3 6 7 8 SW. GOMMMM STREET too 2000 234x'`. 2200 .29 4a SEE MAP as I 1 AC 130 HAMPTON T T T -�- 1052 /155 33( .47 2 36 35 ,„ • .4.0.1.1M.•••••■■0310..0001101M.M.11 i b eirennawrm' irl i .......r...I rI o a ra. wv axa*rl.ow.iTeAI i r vpmmerer rortwervirwerr..o.,.,ZP9.,4=4e, s..m—itn 0 I1' 4 t4u=suZr r nrai. x Vwinkv triromian*evron* c w4 .a.rw..e.r..v .. e.o..s.. s r4e. t......e.r.r...i...: 44 — • s I -, r e r d r oso• 4wmm pem.* orr+ 4. ..s;;r 4 15 ) R.H. BALDOCK f IE FREEWAY ( INTERSJAT • (t) • of to in s' • •■■•••• I••. Oa yr. La ..taiLli 10 3f1N3AV b Itht v V- .4$ 1▪ 11 X 2 :4 8 ro e W a v 44 04 + ... + .0 +Zit + • + t 113 14 2 lit 4 0 ▪ 2 r. V 0.2 2 e gut so., 2 ii 4 i• ra. ■ dui ii: ow 4. .16 ar A. otetio dh 4 ate 46 AL.. AA ....1 rstietui •iNtim us II --- Mr r v, v. v I' r 1r r ir •r".2". -'` 3 to . 0 4 .• tlr. .4 X A X P 13 $ a 0 8 W. x ZE 0 a LI v 024,,,t1 2 b flo ........0:. a F• ilt" 4 act I. ll • .4.1 ..... Jrweire./.. . o. 14, 14.4% ...... e r or tr * it. ir - 4 4a a ■41 alleitA k 3/411 :4, 43 AA ir •e 2 LT 04 01 2 2 21* 115 4 b, ry amen Baker 7075 SW GONZAGA ST TIGARD, OR 97223 Richard Carpenter Donald Pollock 10211 SW BARBUR BLVD PORTLAND, OR 97219 John Beland & Anne Wanda 12301 SWTMOFFITT CT WILSONVILLE, OR Shirley Davis 4225 PENNSYLVANIA ST LONGVIEW, WA 98632 J T Roth Construction In Kaiser Foundation Health 13779 SW CHARLESTON LN ' Plan of The Northweo TIGARD, OR. 97 224 3600 N INTERSTATE AVE PORTLAND, OR 97227 C7oh a Neimeyer Commerce Plaza Pa BOX 661 PORTLAND, OR 97207 Weston Investment Co 2154 NE BROADWAY ST PORTLAND, OR 97232 Neal Nulton 7025 SW GONZAGA ST TIGARD, OR 97223 30ct Skuens ti5ard e ri a(zereu..64-itt, 16160 st r/e.n . Cra "1'466rca o(2, 1°72.Z3 Leona Bordenkircher 7105 SW GONZAGA ST TIGARD, OR. 97223 Jacob Gieszler 7070 SW GONZAGA S TIGARD, OR 97223 Steven & Cynthia Kblber Tim Froelich 29781 SW TOWN OAR LOOP W WILSOTiVILLE, OR 97070 Bob Sudie Tommy 7120 SW GONZAGA ST TIGARD, OR 97222 FILE NO: CUP 94 -0001 PROPOSAL DESCRIPTION FILE TITLE: HUGHES / HAGEL APPLICANT: Joseph Hughes Const. 319 SW Washington, #920 Porland, Oregon 97204 OWNER: Charles Hagel 23112 S. Blano West Linn, OR 97068 REQUEST: A request for Conditional Use approval to allow a change of use from an existing office building to a Construction Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.64, 18.100, 18.102, 18.106, 18.108, 18.130. LOCATION: 7035 SW Hampton Street. (WCTM 2S1 01AC, tax lot 1100) ZONE: C-P (Professional Commercial) The C-P zone allows public agency administrative services, public support facilities, business equipment sales and services, business support services, financial, insurance, and real estate services, temporary uses, and construction contractor's professional office among other uses. CIT: East CIT REPRESENTATIVE: Joel Stevens PHONE NUMBER: 293 -6896 CHECK ALL WHICH APPLY: STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1992 PLANNING COMMISSION DATE OF HEARING: TIME77:3.0 X HEARINGS OFFICER DATE OF HEARING: TIME :7 : 0 0 CITY COUNCIL DATE OF HEARING: TIME : 7r, : 3 0. ATTACHMENTS X VICINITY MAP X NARRATIVE X SITE PLAN STAFF CONTACT: Victor Adonri iommomormod 639 -4171 LANDSCAPING PLAN ARCHITECTURAL PLAN OTHER GRADING PLAN