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VAR2014-00017 HDNIVI2IVA LEI1MEID ND011 OEEI}I LF000iTOflIVA Gary Pagenstecher From: Jon Anderson <janderson @adarchitects.com> Sent: Sunday, January 18, 2015 3:41 PM To: Gary Pagenstecher Cc: dafcjf @frontier.com; bpihas @aol.com;Jesse Winterowd Subject: RE: Red Rock Variance Gary, This is a request to withdraw our application VAR2014-00017 and request a refund to the application fee. Thank you Jon M. Anderson, AIA, NCARB Principal janderson @ADarchitects.com ANDERSON DABROWSKI ARCHITECTS, LLC 1430 SE 3RD Ave.,Suite 200 Portland,OR 97214 P: 503.239.7377 F: 503.239.7327 www.ADarchitects.com "Promise value, Exceed expectations" This e-mail and any attachments are intended for the sole use of the individual to whom it is addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use,copy,disclose,or distribute to anyone the message or any information contained in the message. If you have received this message in error,please immediately advise the sender by reply e- mail or telephone—(503)239-7377—and delete this message. This electronic message and any attachments are supplied in good faith and are believed to be virus free. Anderson Dabrowski Architects,LLC,accepts no responsibility for the damage or loss(arising from negligence,software file conversions or otherwise)which may occur through the use or transmission of this message and attachments. From: Gary Pagenstecher [mailto:Garyp@ tgard-or.gov] Sent: Sunday, January 18, 2015 3:35 PM To: Jon Anderson Cc: 'BSKeicher @comcast.net' Subject: Red Rock Variance Jon, I received the new application from Jesse Winterowd last month. Please find attached a completeness review letter.Just need the old application to be withdrawn. Please send me a request for withdrawal and a refund.The application needs to be noticed, but otherwise the decision can be expected by late February. Thanks, Gary Gary Pagenstecher Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-718-2434 1 Fax: 503-718-2748 Emai|:KarypPtiRand'or.Aov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If reqwested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E mai|sare retained bytheCityofTigardincomp|ianuevviththeOre0onAdminis\rahveRu|es'`CityGenera| RecordsRetendonSchodo|e " 2 A s - w TIGARD City of Tigard August 29,2014 Brian Keicher Red Rock Center,Project Manager 4447 SE Logus Rd. Milwaukie,R 97222 RE: Completeness Review for Red Rock Center Variance, Case File No: VAR2014-00017 (PDR2010-00002) Dear Mr.Keicher: The City received your application August 12, 2014 for a variance to the setback standards as an option provided by Condition of Approval #20 of the Planning Commission's Final Order No. 2011-01 PC for the Red Rock Center Planned Development (PDR2010-00002). Pursuant to TDC 18.370.010.C, an administrative variance is reviewed as a Type II procedure. The following information is required before your application can be deemed complete: 1. Application. Please provide a deed or proof of ownership,which is required of all applications. Also,please clarify who is signing for the owner and what their contact information is. 2. Narrative. As the findings for PDR2010-00002 indicate,the original narrative did not address the setback standard for building C at the time of proposal.The narrative for this variance request provides a rationale in support of the proposed location of Building C,but also does not address the applicable review criteria for the variance(TDC 18.370.010,see below). In part,the approval criteria require that you address the purpose of the standard you wish to vary,a demonstration that the variance is the least required,and that the hardship is not self-imposed.Please revise your narrative accordingly. If you have any questions regarding this letter or your application,please don't hesitate to contact me at 503-718-2434. I will be on vacation through September 22nd and will return your call when I return. Sincerely, 624-0 Gary Pagenstecher,ACIP Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • • 18.370.010 Variances A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. C. Approval process and standards. 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using standards of approval contained in paragraph 2 of this subsection C. 2. The director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. 0 TIGARD. Tigard City of SC) August 29,2014 c$00;t■ S<V V `L�O\ �P\Q�U<,\N- Brian Keicher ", Red Rock Center,Project Manager .Cl0��� 4447 SE Logus Rd. �\�0 Milwaukie,R 97222 �., RE: Completeness Review for Red Rock Center Variance, Case File No:VAR2014-00017 (PDR2010-00002) Dear Mr.Keicher: The City received your application August 12, 2014 for a variance to the setback standards as an option provided by Condition of Approval #20 of the Planning Commission's Final Order No. 4 2011-01 PC for the Red Rock Center Planned Development (PDR2010-00002). Pursuant to TDC 18.370.010.C, an administrative variance is reviewed as a Type II procedure. The following '1.)`'71,... information is required before your application can be deemed complete: Ur17 `1 1. ._••lic tion. Please provide a deed or proof of ownership,which is required of all applications. & Also,please clarify who is signing for the owner and what their contact information is. 2. Narrative. As the findings for PDR2010-00002 indicate, the original narrative did not address the setback standard for building C at the time of proposal.The narrative for this variance request provides a rationale in support of the proposed location of Building C,but also does not address 3(D the applicable review criteria for the variance (1DC 18.370.010, see below).In part, the approval I12 criteria require that you address the purpose of the standard you wish to vary,a demonstration ej,t that the variance is the least required,and that the hardship is not self-imposed. Please revise )gy your narrative accordingly. U If you have any questions regarding this letter or your application,please don't hesitate to contact me at 503-718-2434.I will be on vacation through September 22nd and will return your call when I return. Sincerely, Gary Pagenstecher,ACIP Associate Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov APPLICANT MATERIALS ?Le g' / 2 - /Y City of Tigard e4® Land Use Permit Application PRE-APP.HELD BY: File# / 5ther Case# Date I ,,2-/L/ I By r Receipt# / / 7, /( Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR .62.Adjustment/Variant) ❑ Historic Overlay I or II y(I n ❑Site Development Review(II) ❑Comprehensive Plan Amendment(IV) ❑ Home Occupation (II) ❑Subdivision(II or III) ❑ Conditional Use (III) ❑ Minor Land Partition(II) ❑ Zone Change(III) ❑ Development Code Amendment(IV) ❑ Planned Development(III) ❑ Zone Change Annexation(IV) Downtown Design Review(II,III) ❑Sensitive Lands Review(II or III) NOTE: FOR REQUIRED SUBMITTAL ELEMENTS,PLEASE REFER TO YOUR PRE-APPLICATION CONFERENCE NOTES LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) e RI— Pe,-( "---e--/c 6,—A-1r- , 5,..„464.-.3 t - pc.t..._,,/ ,"---z-, ./.....,,,,./ c,......? c---- 7 ch-3"-e.— TAX MAPS&TAX LOT NOS. JViM znb) /g , 77 Ex?Ioz.) . C93c TOTAL SITE SIZE ZONING CLASSIFICATION •APP I f f ,, (4_4_ ,z.., , ectzt, - -e_. k--- MAILING ADDRESS/CITY/STATE/ZIP V ti Y 7 S Coo 6 ci-5 n41"- ni, '/ , e 7 7--z L PHONE NO. FAX NO. PRIMARY CONTACT PERSON PHONE NO E-MAIL l� ( a..`" ,��c '�" — 3 ? `� 0 —V S V e )c (-e- Q CyL,e,f,3 .......L...)PROPERTYIOWNER/DEED HOLDER(Attach list if more than one) �] y • /MAILING ADDRESS/CITY/STATE/ZIP / ) 0 / s 7 c 1.....e_A.1 1-- irdy-i u--e_ L,e,/-e a c. ,7 cy, ox_ 7-0 y PHONE NO. FAX NO. *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) 4 f.a 7 City of Tigard I 13125 SW Hall Blvd.,Tigard.OR 97223 I 503-71g-2421 I www rioarrl-nr cov-w I P..... 1,i`7 THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith,are true; and the applicants so acknowledge that any permit issued,based on this application, map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner': Signa e Date Owner's Signature Date Owner's Signature Date Owner's Signature Date s Signature Date plicant/Agent Representative's Signature Dat Applicant/Agent/Representative's Signature Date r:....L 1211C C11/7 Il..11 Q1_ 1 f ' n^rnns i ..... ...... — • July 31, 2014 City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Re: Variance Request Based on Planned Development Review Conditions of Approval #20 for Red Rock Center located at the intersection of Dartmouth Road and 72nd Avenue for Phase 4 — Building C Written Summary of Request for Variance Condition of Approval #20: Prior to issuance of building permits for Phase 4, the applicant shall apply for a variance to the building setback standard for Building C or otherwise locate the building to meet the standard. Per TDC 18.620.030.B, the minimum building setback from public street rights-of-way or dedicated wetlands/buffers and other environmental features shall be zero feet; the maximum building setback shall be 10 feet. We request a variance to maintain the currently designed setback of approximately 126' for building C as shown on the approved site plan for the following reasons: 1 . The overall topography of the site makes it difficult to respect the 70th Avenue street as a pedestrian friendly streetscape while maintaining viable building pads on the site. There is a significant slope on the site from east (high) to west (low). If building C were pushed to 70th Avenue setback, the first floor of the building would be recessed into the 70th Avenue mount. This would reduce the economic viability of the square footage for the owner. It would also reduce the pedestrian connection from the streetscape to the first floor tenants and create a disconnect between the first floor tenant and second floor entry. 2. The southeast corner of the lot is zoned MUE. This zoning does not allow for building structures only parking. Due to the odd shape of the lot and the change in zoning on a portion the site, moving the building to the 70th Avenue setback will bisect the site. This bisection will create only two options for parking on the site: a. First, force the parking spaces for this building to be access off of Elmhurst Street on the back side of the site forcing dual entrance for vehicular access to this site. This is unappealing because the parking on the site is shared between all buildings and reduces the experience of the site. ANDERSON DABROWSKI ARCHITECTS, LLC 1430 SE 3rd Avenue, Suite 200 Portland, Oregon 97214 Tel 503.239.7377 Fax 503.239.7327 b. Second, force the site vehicular circulation through the first floor of the proposed building. This will greatly reduce the contiguous tenant capacity of the building. Both options greatly reduce the wayfinding on the site for the intended user on the site. Neither option is appealing to the Land Owner and don't align with proper site planning design objectives. The current building location allows increased onsite vehicular circulation that is contiguous with the main drive off of 70th Avenue and thus better wayfinding. 3. There is an existing trash/recycle structure already constructed as a part of the Building A project that would need to be demolished as part of this requested change. 4. Even if ignore all of the design site issues noted above and we relocate the building to the 70th Avenue setback as suggested in the Conditions of Approval, the building will not meet the required 50% street frontage required in 18.620.030.A. This would require another variance to the site anyway. 5. Not to mention, this alteration would cause the owner of the property thousands of dollars in architectural and engineering fees for redesign of site plan, civil engineering, landscape and building pads. It would also require a new building design to accomplish a proper pedestrian streetscape connection. If this new design is not approved by the City of Tigard, the full building potential of the site, reasonable economic use of the land, can't be realized due to conflicting City of Tigard planning codes. Please see attached exhibits: Option A: showing the building relocated to the 70th Avenue required setback. This shows that we cannot meet the 50% frontage required in 18.620.030.A. Option B: showing the building relocated to the 70th Avenue required setback. This shows that we cannot build on the MUE zoned lot. As design professionals we have done the due diligents to look at the options to meet the requirement. We have spent a considerable amount of design time to thoroughly understand the best building site locations for this specific site in addition to designing a very attractive building vernacular that will continue to enhance the look and feel of the Tigard Triangle. However, based on the size, shape, zoning and topography of the site and for the reasons noted above, the best location for the building is the current location. For these reasons we hope you will grant the variance for the setback requirement for Building C along 70th Avenue. ANDERSON DABROWSKI ARCHITECTS, LLC 1430 SE 3rd Avenue, Suite 200 Portland, Oregon 97214 Tel 503.239.7377 Fax 503.239.7327 SW DARTMOUTH STREET OPTION A-DRIVE UNDER BUILDING BUILDING C:+/-24,100 SF # 11111�. SITE PARKING:145 SPACES 44 - 01 lo I 1 GENERAL OFFICE 24,100 SO FT r+3.411,000 x 100%.... 82 It I BUILDING B• MEDICAL OFFICE 11,115 SO.FT.©3.9/1,000x90% 39 BUILDING A RETAIL 8,150 SQ.FT. 3.7/7,000x80% 24 PAD SITE ONLY 11,115 SO Fr 0.ETNL 8.150 SO FT "� MEDICAL TOTAL SPACES REQUIRED 145 ''.� I oFFCE.+I,1+s TOTAL SPACES AVAILABLE 145 Ili � ;�; _ _ _ ,I°� _ V�II:�I'I PROS/CONS:RESERVE Q ��� O Fi% ( (+1 MEETS*)NOTBUIETB NKMEQZONEMENTS �'• . � (-)DOES NOT MEET 50%BUILDING FRONTAGE (-)DRIVING UNDER BUILDING 0►vr �' '. (-)FIRST FLOOR SPLIT INTO TWO TENANTS AT 3,225 SF \\� ■ I I p ,-- e. AND 4.200 SF \ �B (-)PARTIAL THIRD FLOOR 6.825 SF _ �\ LRna�R� a 1 v BUILDING C- FUTURE PAD SITE 3 FLOORS :;•® 25,10050 FT I ' c= ITLI wint:Ii ._ I . „,,,,, , , ...E...1 :71(s ',_' GENERAL OFFICE-24,100 I F linI u '-%- 4 1 / , A J•yNDERO WICI 1 :/ t 7 ' III 1 SN CABRO ARCHITECTS.LLC f ELMHURST ST.DEDICATION SW DARTMOUTH STREET OPTION B-MUE-ENCROACHING BUILDING ,tim • BUILDING C:+!-20,000SF j SITE PARKING:126 SPACES 41' a' '49 U Iv to, �• GENERAL OFFICE 20.000 SO FT 3.4!1.000 x 100%.... s6 It BuILDINC B- ��I��� MEDICAL OFFICE 11,115 SQ.FT. 3.9/1,000 x 90% 39 BUILDING A RETAIL 6,150 SQ.FT. 3.711,000 x 80% 24 PAD SITE ONLY nns90 cr II "^^Y�' aEruxe.+sosoc* ,]� � MEDICAL / TOTAL SPACES REQUIRED 131 C : `. OFFICE-++.n5 TOTAL SPACES AVAILABLE 126 A 111111- 1 III 6'.. 11111= Q (+)MEETS SET BACK REQUIREMENTS "4 � �, I b �y j (+)MEETS 50%BUILDING FRONTAGE • L`f a < (-)BUILDING NOT ALLOWED IN MUE ZONE t� li_, b € (-)DOES NOT MEET ZONING PARKING REGULATIONS El a Ji 3 ;�. t a III P L.,/ u u-2---- Jed e1-1�_. r11--1-11-1-11 g i ___, LS)* �a�p� BUILDING C- I R%T T FUTURE PAD SITE 20 030 50 ET GENERAL ^ .. _ ,T ( OFFICE-20.000 % — I I I I %S _ p II I • fi 40541.1 'ANDERSON DABROWSKI ARCHITECTS.LLC ELMHURST ST.DEDICATION • City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Request Permit Action Request ,, TIGARD 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigar -or. v TO: CITY OF TIGARD Building Division Services Supervisor 13125 SW Hall Blvd.,Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www.tigard-or.gov FROM: ❑ Owner ® Applicant ❑ Contractor ❑ City Staff (check one) REFUND OR Name: Brian Keicher INVOICE TO: (Business or Individual) Mailing Address: 4447 SE Logus Road City/State/Zip: Milwaukie, OR 97034 Phone No.: 503-740-4940 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1): ® CANCEL/VOID PERMIT APPLICATION. ® REFUND PERMIT FEES (attach copy of original receipt and provide explanation below). ❑ INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below). ❑ REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit). Permit #: VAR2014-00017 Site Address or Parcel#: 12625 SW 70th Avenue Project Name: Red Rock Center Subdivision Name: NA Lot #: EXPLANATION: New,replacement application submitted (VAR2014-00023);please refund 80% of the $751 application fee ($600.80). Signature: lSeua.1-1 I Date: January 20, 2015 Gary Pagenstecher g AAO 14,,e77 n/ Print Name: �‘y oo — 3 X30 •fro Refund Policy 77/CV — 77, /9, 'id 1. The Community Development Director or Building Official may authorize the refund of: /� ir) a{i7 a) any fee which was erroneously paid or collected. �P b) not more than 80%of the land use application fee when an application is withdrawn or canceled before any review effort has been expended. c) not more than 80%of the land use application fee for issued permits. d) not more than 80%of the building plan review fee when an application is canceled before any plan review effort has been expended. e) not more than 80%of the building permit fee for issued permits prior to any inspection requests. 2. All refunds will be returned to the original payer in the form of a check. Please allow 3-4 weeks for processing refund requests. FOR OFFICE USE ONLY Rte to Sys Admin: Date By Rte to }Admin: Date - - - /,. By .;'. Refund Processed: Date o2,�(,//S By ("fa Invoice Processed: Date By Permit Canceled: Date e2/2G/j 5 By Parcel Tag Added: Date By Receipt# Date Method Amount$ I:\Building\Forms\Regl'etmitAction_062614.doc TIGARD City of Tigard February 26, 2015 Brian Keicher 4447 SE Logus Rd Milwaukie, OR 97034 Re: Permit No. VAR2014-00017 Dear Applicant: The City of Tigard has canceled the above referenced permit(s) and encloses a refund for the following: Site Address: 12625 SW 70th Ave. Project Name: Red Rock Center Job No.: N/A Refund Method: ® Check #216572 in the amount of$600.80. ❑ Credit card"return" receipt in the amount of$ Note: Please allow 2-5 days for this refund transaction to be credited to your account by the company that issued your card. ❑ Trust account"deposit" receipt in the amount of$ Comment(s): Land use application was replaced with another variance application (VAR2014-00023). Refund 80% of application fees. If you have any questions please contact me at 503.718.2430. Sincerely, Dianna Howse Building Division Services Supervisor Enc. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 11 City of Tigard TIGARD Accela Refund Request This form is used for refund requests of land use, development engineering and building permit application fees. Receipts, documentation and the RequestforPerrit Action form (if applicable) must be attached to this request form. Refund requests are due to Accela System Administrator by each Wednesday at 5:00 PM. Please allow up to 3 weeks for processing of refunds. Accounts Payable will route refund checks to Accela System Administrator for distribution to applicant. PAYABLE TO: Brian Keicher DATE: 2/19/2015 4447 SE Logus Rd Milwaukie, OR 97034 REQUESTED BY: Dianna Howse TRANSACTION INFORMMATION: Receipt#: 197196 Case#: VA 2014-00017 Date: 8/12/2014 Address/Parcel: 12623 SW 70th Ave. Pay Method: CreditCard Project Name: Red Rock Center EXPLANATION: Per planner's request as applicant replaced this permit with VAR2014-00023. Refund 80%of application fees. REFUND INFORMATION: Fee Description From Receipt Revenue Account No Refund Example: Building Permit Fee Example: 2300000-43104 $Amount Administrative Variance Application 100-0000-43116 $523.20 Administrative Variance-LRP 100-0000-43117 77.60 TOTAL REFUND: $600.80 APPROVALS: SIGN.: _RE DATE: If under$5,000 Professional Staff 410`'� - If under$12,500 Division Manager If under$25,500 Department Manager If under$50,000 City Manager If over$50,000 Local Contract Review Board FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: 4//_ By: '6 I:\Building\Refunds\RefundRequest.doc x 09/01/2010