CUP1994-00008 POOR QUALITY RECORD
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
• Regarding an application for a conditional use permit ) FINAL ORDER
to enlarge a distribution and storage building in the )
CBD zone at 8800 SW Commercial Street ) CUP 94 -0008
in the City of Tigard, Oregon ) (Magno - Humphries)
I. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit to add 3952 square feet to a
roughly 20,000 square foot building for processing, storage and distribution of food
products, particularly vitamins and drugs.
The property was used as the Prairie Market Grocery Store until 1982, when the City
approved a conditional use permit for storage and distribution of food products. In 1986,
the City approved a conditional use permit for processing of food products on the site, too,
and the building was modified and enlarged. The applicant now wants to enlarge the
building to further expand the processing use on the site. No change is proposed to the
100 -space parking lot, except to add landscaping. A future application may be proposed to
reduce required landscaping, but that application is not relevant to this conditional use
application in this case.
Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application
on December 12, 1994. City staff recommended conditional approval of the permit. Jim
Nicoli and Jim Andrews accepted the City staff recommendation without objection for the
applicant. Two other persons appeared in favor of the application.
LOCATION: 8800 SW Commercial Street; WCTM 2S1 2AD, tax lot 1203
COMPREHENSIVE PLAN AND ZONING: Central Business District
APPLICANT AND OWNER: Thelma Humphries
APPLICABLE LAW: Community Development Code Chapters 18.66, 18.100, 18.102,
18.106, 18.108, 18.120, 18.130, 18.132, and 18.164
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approve
II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES
The hearings officer incorporates by reference the findings about the site and
surroundings in Section II of the City of Tigard Staff Reported dated December 6, 1994,
and the NPO and agency comments in Section IV of the City of Tigard Staff Report dated
December 6, 1994.
M. APPLICABLE APPROVAL STANDARDS
The hearings officer incorporates by reference the approval standards in Section III
of the City of Tigard Staff Report dated December 6, 1994.
Page 1 - Hearings Officer Final Order
CUP 94 -0008 (Magno- Humphries)
•
IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
1. Hearings Officer Larry Epstein received testimony at the public hearing about
this application on July 11, 1994. A record of that testimony is included herein as Exhibit
A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony).
These exhibits are tiled at the Tigard City Hall.
2. City planner Mark Roberts testified for the City. He summarized the staff report
and recommendation.
3. Jim Nicoli and Jim Andrews appeared for the applicant. Mr. Nicoli accepted
the staff report without objections or corrections. Stan Baumhofer and Marlin Henderson
also appeared in favor of the proposal.
V. EVALUATION OF REQUEST
The hearin Officer incorporates by reference the findings about compliance with
the Community Development Code and Comprehensive Plan in Section V of the City of
Tigard Staff Report dated December 6, 1994.
VL SITE VISIT BY HEARINGS OFFICER
The hearings officer visited the site and surrounding area. He observed the existing
access to and structures, vegetation, and grades on the site and adjoining property and the
condition of the adjoining streets.
VII. CONCLUSION AND DECISION
1. The hearings officer concludes that the proposed conditional use permit
complies with the applicable criteria and standards of the Community Development Code,
provided development that occurs after this decision complies with applicable local, state,
and federal laws and with conditions of approval warranted to ensure such compliance
occurs.
2. In recognition of the findings and conclusions contained herein, and
incorporating the Staff Report and other reports of effect agencies and public testimony and
exhibits received in this matter, the Hearings Officer hereby approves CUP 94-000 8
subject to the conditions of approval recommended in Section VI of the City of Tigard Staff
Report dated December 6, 1994.
DATED this 20th day of D ec- ". ber, 1994.
Larry Epstein P
City of Tigard ' o s Officer
Page 2 - Hearings Officer Final Order
CUP 94 -0008 (Magno- Humphries)
.
AGENDA ITEM 2 .1
BEFORE THE LAND HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Magna STAFF REPORT
Humphries to build an addition to CUP 94 -0008
an existing storage and distribution
building.
I. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 94 -0008 (Major Modification)
SUMMARY: A request for a major modification of the approved conditional use
permit to construct a 3,952 square foot expansion to the existing facility.
APPLICANT: Thelma Humphries OWNER: SAME
8800 SW Commercial Street
Tigard, OR 97223
•
COMPREHENSIVE PLAN DESIGNATION: Central Business District
ZONING DESIGNATION: Central Business District
LOCATION: 8800 SW Commercial Street. The southwest corner of SW Commercial
Street and SW Hall Boulevard (WCTM 2S1 02AD, Tax Lot 1203)
APPLICABLE LAW: Community Development Code Chapters 18.66, 18.100, 18.102,
18.106, 18.108, 18.120, 18.130, 18.132, 18.164.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Background Information:
Prior to the current use the property had been used as the Praire Market Grocery
Store. This property was remodeled for the current use under a Site Development
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 1
4
Review approval in 1982 which added 1,920 square feet. In July of 1986 the City
Council heard a zoning interpretation of the conditional permitted uses permitted (
uses within Central Business District. The City Council found that production
aspects of the food processing use was secondary to the warehouse and
distribution aspects of the use. The Council interpretation required that applicant
apply for Conditional Use Permit approval.
In September of ,1986 Conditional Use Permit 5 -86 was approved subject to
conditions which permitted the current use a vitamin and drug processing use.
Through the Conditional Use Permit an additional 620 square foot expansion was
permitted along the southern elevation for reception and conference areas.
General office space within the existing building was also created at that time.
B. Site Size and Shape:
The subject parcel is 1.80 acres. The site is roughly rectangular in shape with
direct street frontage along SW Commercial Street. The parcel adjoins a smaller
remainder utility parcel which adjoins SW Hall Boulevard.
C. Site Location:
The site is located at 8800 SW Commercial Street which adjoins the parcel
located at the southwest corner of SW Commercial Street and SW Hall Boulevard.
D. Existing Uses and Structures:
The property is developed with a 20,110 square foot industrial building and 100
parking spaces. Properties to the south, west and north are all zoned Central
Business District. Properties to the east are zoned Light Industrial and are
developed with industrial uses.
E. Surrounding Land Uses:
The property to the north are developed with a mixture of single family
residences, multiple family residential uses and commercial uses. The property
to the west is developed with a car repair business. To the south the site abuts
the railroad right -of -way and the Water Department facilities.
III. APPLICABLE APPROVAL STANDARDS /EVALUATION OF REQUEST
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - _MAGNO HUMPHRIES PAGE 2
A. Community Development Code:
1. Chapter 18.66 the Central. Business District permits Storage and
Distribution Uses subject to approval of a Conditional Use Permit. The
proposed expansion is to provide additional storage areas which was the
primary use permitted through the 1986 Conditional Use Permit for this
facility.
Chapter 18.66 states that there are no minimum lot area or lot width
requirements. There are also no setback requirements except for a 30 foot
setback where a commercial building abuts a residential zone requires a
minimum of a 30 foot setback. There are also setback criteria to address
clear vision and parking lot screening requirements. This site does not
abut a residential zoning district and is required to maintain this setback.
The applicant has not proposed to construct new structures within the clear
vision area. The existing landscape buffer between SW Commercial Street
and the parking lot provides sufficient screening of parking lot uses.
Condition of Approval #2 requires additional landscape materials within
the area adjoining a parcel along SW Hall Boulevard. The location of the
addition itself does not adjoin parking lot areas and therefore does not
impact parking lot screening.
Chapter 18.66 also restricts the percentage of structures and impervious
surfaces to 85 %. The addition as proposed would develop 84.72% of the
site with impervious surfaces which complies with the requirement. This
chapter also restricts building height to 80 feet. The addition as proposed
is designed to match the existing structure and would not exceed 22 feet
in height. No residential uses within the Central Business District must
also provide a minimum of 15% of the site with landscaping. The
applicant has proposed to provide 15.28% of the site with landscaping to
comply with this requirement.
2. Chapter 18.130.050 (B) sets forth the criteria for determination of the type
of modification review process required which is based on the nature of
the proposed site and use modifications. This expansion is a Major
Modification review is required because the proposed 3,952 square foot
addition is an expansion of greater than the 10% of the existing floor plan
as stated in (B)(6).
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPFaIES PAGE 3
Because a Major Modification review is required Section 18.130.050 (C)
states that a new Conditional Use Permit application shall be filed and
reviewed in accordance with Chapter 18.130.040 which contains the
following general approval criteria for a Conditional Use Permit:
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 mitigate
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.
5) The supplementary requirements set forth in Chapter 18.114 (Signs)
and Section 18.120.180 Site Development Review are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
The Conditional Use Permit is subject to the development standards set
forth within the Central Business District. The proposed expansion to the
existing use is expected to have minimial additional impact due to its
limited size and the proposed storage use of the expanded floor plan area.
All required public facilities are available to serve this development as
proposed. All applicable standards of the zoning district are met by this
proposal as reviewed within this staff report or as required by the proposed
conditions of approval. The use complies with the site development
standards set forth within the Development Code.
:-EARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO H MPHRIES PAGE 4
3. Chapter 18.64 specifies that the minimum landscaping requirement shall
be 15 percent. The applicant requested that the requirement for landscape
islands within the parking lot be deleted due to the Farmers Market
activites which take place on the weekends. Based on their proposed
location and because the 1.80 acre site provides two of these planters it is
not expected that the landscape islands would significantly alter the
function of either the current industrial uses on site or weekend community
uses. The overall landscape plan proposes additional landscaping in excess
of the 15% minimum standard for landscaping.
Two revisions should be incorporated into the landscape plan, Condition
of Approval #2 requires that a variance application be filed should the
applicant wish to pursue deletion of the landscape islands. Condition of
Approval #2 also requires that additional matching ground cover be
provided along the property frontage adjoining a remainder parcel which
abuts SW Hall Boulevard. The remainder parcel is undeveloped and
allows direct visibility of the extensive parking lot as viewed from SW Hall
Boulevard.
4. Chapter 18.100 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. The minimum
required spacing is 20 feet with a maximum spacing of 40 feet depending
on the size of the tree. The landscape plan indicates that a total of six to
eight Vine Maple tree are to be provided along the landscaped portion of
the site frontage on SW Commercial Street.
Because the landscaped portion of the frontage is 495 feet a minimum of
16 medium sized trees should be provided along this frontage. Based on
their size at maturity a Vine Maple tree would be considered a medium
size tree which can be spaced no greater than 30 feet apart. Condition of
Approval #2 requires that a minimum of 16 total Vine Maple trees be
provided along this frontage.
5. Chapter 18.102 (Visual Clearance) requires that a visual clearance area be
maintained along the intersections of all public and private right -of -ways.
The site plan does not propose any new structures or landscaping within
the vision clearance area.
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 5
•
6. Chapter 18.106 (Parking) states that the parking ratio for this type of office -
shall be provided for at a ratio of one space for each 1,000 square feetof
warehouse, storage and distribution use which requires approximately 21 .
spaces based on the proposed floor area. The Development Code also
requires 1 space for each 200 square feet of office area which requires an
additional 18 parking spaces due to the size of the existing office space for
a total of 39 parking spaces. The site plan provides 95 parking spaces
which exceeds this requirement.
7. Chapter 18.106 (Bicycle Facilities) requires a minimum of one bicycle
parking space for each 15 required automobile parking spaces for any
development. A minimum of of 39 parking spaces are required to serve
this development so a minimum of three bicycle racks are required to be
provided to serve this facility. Condition of Approval #2 requires that a
minimum of three bicycle parking racks be provided to serve this facility.
8. Chapter 18.108 (Access and Circulation) requires a minimum of a 30 foot
access width standards for this type of use. The current access location and
width complies with the access width standard for a two way access
driveway. The proposed site plan does not currently designate pedestrian
walkways either to adjoining streets or adjoining developments. Based on
existing development constraints due to the elevation of adjoining streets
and the adjoining railroad right -of -way no new pedestrian walkway
connections have been recommended.
9. - The Americans with Disabilities Act (ADA). Became effective on January
26, 1992. It requires a minimum of two disabled person parking space if
up to fifty (50) parking spaces are required. Two new handicapped parking
spaces are shown on the plan located at the main building entrance in
compliance with this requirement.
10. Chapter 18.130.040(C) provides that the Hearing's Officer may impose
conditions on an approval such as limitations to hours of operation and
design features to minimize environmental impacts. Based on the impacts
of the existing use and the type of modifications which are proposed, no
additional conditions of approval are recommended to address specific
facility operations issues.
11. Chapter 18.164 contains standards for streets and utilities.
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 6
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 Minor Collector street to have a
minimum 60 feet of right -of -way, a 40 feet minimum roadway
width, and 2 -3 moving lanes.
c. Section 18.164.070(A) requires sidewalks adjoining both sides of a
collector street.
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.
The Comprehensive Transportation Planning Map for the City of Tigard designates
SW Commercial Street as a Minor Collector Street previous development
approvals on this site have deferred street improvements along SW Commercial
Street based on line of site issues due to the elevations of SW Commercial Street
towards the intersection of SW Hall Boulevard.
Based on the location of the existing building as it relates to the current public
right -of -way it is not possible to develop a separated sidewalk parkway design.
The use of this design was discussed within the 2040 Regional Design Image for
this area as addressed by Tri -Met in the review of this project. The Engineering
Department has reviewed the street and public utility requirements for the area
and have recommended conditions of approval in accordance with the standards
set forth in the Community Development Code to address the standards set forth
in Sections a through e.
IV. OTHER STAFF COMMENTS
The Engineering Department provided the following comments:
FINDINGS:
1. STREETS:
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 7
The site currently takes access from SW Commercial Street, a Minor Collector -'
street as shown on the City Comprehensive Plan. The existing right -of -way is 60
feet wide and no further dedications are required. The existing improvements in
SW Commercial Street consist of an asphalt concrete roadway of unknown origin
which is in poor condition and should ultimately be re- constructed. In addition,
the existing roadway bed has been constructed to a vertical alignment that is
inconsistent with the standards of a Minor Collector and the street should be
lowered along the site frontage, between SW Ash Street and SW Hall Boulevard.
The new site plan proposes the construction of the building addition only,
utilizing the existing on -site parking lot improvements and the existing single
driveway onto SW Commercial Street, near the easterly edge of the existing
building. The site is not contiguous to SW Hall Boulevard and no access is
proposed.
Although no street improvements are proposed with this minor change to the
existing use, the applicant should be required to execute an agreement that waives
the property owner's right to oppose or remonstrate against the formation of a
future Local Improvement District to improve SW Commercial Street.
2. SEWER:
The existing eight inch public sewer in SW Commercial Street provides service to
the site and no changes are proposed.
3. STORM DRAIN:
The site currently drains toward the existing railroad track area, contiguous to the
site along the southerly boundary and no changes are proposed.
V. CIT & AGENCY COMMENTS
1. Tri -Met has provided the following comments concerning this application: Given
the site's proximity to the Tigard Transit Center and nearby pedestrian
destinations, it is critical that the project include adequate pedestrian related
improvements along property frontages.
The street network and local destinations in central Tigard are particularly well
suited to creating a viable pedestrian district if appropriate infrastructure is
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 8
provided. This was illustrated as part of the 2040 Regional Design Images plan
for the area.
It is my understanding that there has been some discussion regarding lowering the
elevation of SW Commercial Street to improve vehicle site distances. Given the
long term and unclear funding source of that project and the high level of existing
transit service in the vicinity, it is Tri -Met's recommendation that the developer be
required to complete all frontage improvements to ADA standards.
It is also Tri -Met's recommendation that a four foot wide landscaping buffer be
provided between the sidewalk and SW Commercial Street as illustrated in the
Regional Design Images work of Calthorpe Associates. The property owner would
be responsible for maintaining this buffer area. Street trees should be provided
within this buffer that are of appropriate species to avoid conflicts with vehicle
circulation while providing weather protection for pedestrians.
2. The Water Department reviewed this application and required that an additional
fire hydrant be provided so that all portions of the building are within 250 feet of
a fire hydrant which is the current standard.
3. Genenral Telephone, the Tualtin Valley Fire District, the Police Department and
the Maintnenance Services Department reviewed this application and had no
comments or objections.
4. No other comments were received by the Planning Division.
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 the proposed Major Modification to Conditional
Use Permit CUP 94 -0008 subject to the following conditions.
ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE
COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF
HEARINGS OFFICER - CUP 94 -0008 (Major Mcd.) - MAGNO HUMPHRIES PAGE 9
CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE
ENGINEERING DEPARTMENT. ALL STAFF LISTED CAN BE REACHED AT 639 -4171.
Recommendations:
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS)
SHALL BE SATISFIED OR FINANCIALLY SECURED:
1. An agreement shall be executed by the applicant, 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 Commercial Street. STAFF
CONTACT: Diane lelderks, Engineering Department.
2. The applicant shall submit a revised site and a landscape plans that shows
provision for the following:
a. The applicant shall obtain variance approval for deletion of the two
landscape islands proposed to be located within the parking lot.
b. A minimum of three bicycle parking racks shall be provided.
c. Additional matching ground cover be provided along the
frontage which adjoins a remainder parcel along SW Hall
Boulevard.
d. A minimum of 16 total Vine Maple street trees shall be provided
along the site's SW Commercial Street frontage. Presently 6 -8 trees
have been provided.
e. All site improvements shall comply and be maintained in
accordance with the revised site plan or as approved by the
Planning Division.
STAFF CONTACT: Mark Roberts, Planning Division.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE
EFFECTIVE DATE OF THIS DECISION.
HEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPILIZIES PAGE 10
IX21!64
12" 6AV
PREPARED BY: Mark Roberts DATE
Assistant Planner
/1/1,,c4-)ebathAP:41.4
APPROVED BY: Dick ewersdorff DATE
Senior Planner
?iEARINGS OFFICER - CUP 94 -0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 11
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