Loading...
MMD2014-00010 MMD2O14 - 0001O MARTIN ' S AUTO DETAILING & PACIFIC AUTO SALES LLC NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2014-00010 MARTIN'S AUTO DETAILING & PACIFIC AUTO T I G A R D SALES LLC 120 DAYS = 9/4/2014 SECTION I. APPLICATION SUMMARY FILE NAME: Martin's Auto Detailing & Pacific Auto Sales LLC CASE NO.: Minor Modification (MMD) MMD2014-00010 PROPOSAL: The applicant is requesting minor modification approval for a change of use from Personal Services to Auto Sales and Servicing. The property would otherwise remain as is. APPLICANT Mahmoud Hamncee 12085 SW 135`h Ave.Apt 70 Tigard, OR 97223 OWNER J. Guadalupe Sanchez 10000 SW Molly Ct. Tigard, OR 97223 LOCATION: 13075 SW Pacific Highway;Washington County Tax Map 2S102BD,Tax Lot 3200. COMPREHENSIVE PLAN AND ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520,and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2014-00010 Martin's Auto Detailing Page 1 of 4 CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO COMMENCING THE PROPOSED MOTOR VEHICLE SALES AND SERVICING USE: Submit to the Community Development Department (Gary Pagenstecher, 639-4171, ext. 2434) for review and approval: 1. The applicant shall submit a revised dimensioned site plan drawn to scale, accurately showing all existing improvements and landscaped areas. SECTION III. BACKGROUND INFORMATION Site Information and Site History: The subject property is 40 feet wide. The existing building is approximately 24 feet wide and is about 3 feet from the south property line, leaving only 13 feet for the access drive and curb. The building was constructed in the early 1900s,prior to land use regulations. The site was subject to a decision for VAR2009-00004 and MMD2009-00008 for a variance to reduce the 24-foot minimum access width to 12 feet, 6 inches and minor modifications to parking and landscaping to an existing commercial development (gravel parking paved and striped, new landscaping to meet the screening standards for parking areas, and drainage improved by directing surface water to a catch basin and existing soakage trench). The permitted use at that time was Personal Services (dental office). During construction for MMD2009-00008, apparently changes were made to the approved plan with respect to parking lot striping and area covered in concrete. The building department approved the revised ADA parking plan. According to GIS aerial photography, and as verified by the property owner, the site was over-paved approximately 300 square feet. Prior to this minor modification approval, the property owner has promptly removed the concrete to re-establish the minimum 15% landscaping for the subject site. Vicinity Information: The sites to the west and south are owned by the Tigard Tualatin School District. C. F. Tigard Elementary school is to the north, and the school district's bus parking is to the west. Another commercial business is located to the east. Each of these parcels have separate access points and only the Midas business to the east is accessed via Pacific Highway. Description of the Request: The applicant is requesting minor modification approval for a change of use from Personal Services to Auto Sales and Servicing. The property would otherwise remain as is. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Site Development Review—Chapter 18.360.020.0 Minor Modification of Approved or Existing Conditional Use: Any modification which is not within the description of a major modification as provided in Subsection B shall be considered a minor modification. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3. Section 18.330.020.C.3 states that a minor modification shall be approved, approved with conditions or denied following the Director's review on findings that: The proposed development is in compliance with all applicable requirements of this title; and FINDING: As described in the applicant's narrative and plan set, and as provided in the findings for the applicable standards below, staff finds that all applicable requirements of this title are satisfied and the proposed use may be approved. MMD2014-00010 Martin's Auto Detailing Page 2 of 4 The modification is not a major modification. FINDING: Staff finds that based on the applicant's narrative and plan set, the threshold changes to determine a major modification, listed in TDC 18.360.050.B(1-11), have not been exceeded or do not apply. Commercial Zoning Districts (18.520) The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. Use Table: Commercial Zones,Table 18.520.1 The proposed auto detailing use is classified as motor vehicle servicing/repair, which is a use permitted in the CG zone. Auto sales is also proposed and permitted in the CG zone. Commercial Development Standards,Table 18.520.2 TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMM_ERCIAL ZONES STANDARD C-G PROPOSED Minimum Lot Size None 8,154 s.f. -Detached unit - -Boarding,lodging,rooming house Minimum Lot Width 50 ft. 40 ft. Minimum Setbacks - Front yard 0 ft. 6 ft. -Side facing street on corner&through lots - - -Side yard 0 ft. 3 ft 4 in/13 ft -Side or rear yard abutting more restrictive zoning district - - -Rear yard 0 ft. 136 ft. -Distance between front of garage&property line abutting - - a public or private street. Maximum Height 45 ft. existing, 1 story Maximum Site Coverage 85% 85% Minimum Landscape Requirement 15% 15% The site lies within the C-G zoning district. As demonstrated in the table above, the applicant's plans comply with the development standards of the zone, with the exception of the minimum lot width. As this was an existing condition prior to the adoption of this standard and is not proposed by the applicant, the site is considered non-conforming. During review of the proposed change of use,a site visit revealed that there was less than 15%landscaping. The property owner quickly removed approximately 300 square feet of concrete to bring the site back into compliance. FINDING: Based on the analysis above, the proposed use is permitted and the Development Standards criteria have been fully satisfied. Off-Street Parking and Loading (18.765): Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. MMD2014-00010 Martin's Auto Detailing Page 3 of 4 FINDING: The minimum parking for the existing Personal Service Use is 2.5 spaces per 1,000 gross square feet. For the total square footage (1,376), 4 spaces are required. The proposed motor vehicle sales and servicing requires one and two spaces/1,000 square feet, respectively, with a minimum of 4 spaces. The site plan shows 4 parking spaces. The minimum off-street parking standards are met. Signs (18.780) Permits Required: No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title,and a permit for the same sign or sign structure has been issued by the Director. FINDING: The applicant did not apply for any signs with the minor modification application. Any proposed sign will required a sign permit. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON JUNE 26, 2014 AND BECOMES EFFECTIVE ON JUNE 27, 2014. Questions: If you have any questions, please contact Gary Pagenstecher at (503)718-2434, garyp @tigard-or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon,97223. Attachments: Vicinity Map Site Plan Oce. June 26.2014 APPROVE Y: G ry Pagenstecher,Associate Planner DATE MMD2014-00010 Martin's Auto Detailing Page 4 of 4 RECEIVED MAY 072.014 CITY OF T IGARD 1 �#EERINC I �� '1',rk; PLANNING/ENGINEERING . ,r'r I M-°°oral / ♦ \ [ Fr4... ....—HP It•■• cP',r'F r� 1..6 i ,,� .r \ d EA I i RECEPTION I —� F \ I .01 " c "110 \ �\ \ II man t ' .��.� .▪f°°Y 1.• L )n o f / \ L LApO1.ATORT' F 3 Z 3. `_5 // OT44EAE w j .TR• w` i !e. V `I i 7 �R.°IG.lI \\ ,/ T GO. MIK.n b U••G/ r,�I 111 \ WOMEN'S E ' s'r o. oior�in r/1/• 0TYP�CGL GR098 SECTION ,�- A ,, q,.... iSe. \ .. VOW•COR \ 11 1 \ \ i A WALL TYPE LEGEND •yu APORATo.. \ t o .a.r i..M.O.NW, T c ,EN S —t ..uo.00.T,iWe Mer ''\ \\,,,. o PM. 2x• ow../r,°,r•• L ', • ter mow ® ..n r-r AAA Nre.ew.w.....,w KCO. r.4 =PER iu..0 \1 :iPull.M•WEIR..R AKIN.RR...a...cG. ¢ / RArORT••a f z V ' : sSTTORnGE §4p ! § t} a \\\ 3,,„,„4‘ _ 'E ` e 's crwATaer•I FLOOR PLAN NOTES / ^" j o.fICE " . 110. v•. .�.°""°o�•:°.u:o�.:x•b Amp MVO .. . t 0.101.0 OUP/ �Lac .,.11.10.... ...w..c THIC.0.xr..u..,n.... ,. 0....,c, &ft° .o° P..Q.i�•LT•GOO*/MG▪ .w `�X•3wi• ...n�o..i.•x... \._ '4� /WE-STORY /• 0 0 Non.�°`Oar.e .8o m`.w°. '+1 BUILDING / ..a...0*rwm.....T- �.►w ♦ < C¢O'1 •...nur«.a.ra•ro w c°ww°.w,a-�.wi..n OTT u.�a.Q.aou.G. <y irrw ie n ♦ �••�wre�.�.��y oft rnwr roowur�cw O mTO MM.. ni°O..o°wec.+°,.e..HO ALL \M\ \ ? / / • �C �rE,..er•ns... AECEPTIO.� •_••� ¢¢ ,r.,.w on ArA .rcaelr-A A.re ma..c AA cs i.. \ \ O ©~ rsw.w..IETY,•. xs 03 W It MO T..�'.o ti. ,E,PM EL OF TIGARD .K•WOO N.1%,Hliv‘ . !,' ° °Approved •( 1 w -a^-: cn Conditionally Approved Ix j � . / • "°° '.__ ca For only the work as described in: le,, v T 3 .m.. BUILDING r TENANT.sawTGT101. PERMIT NO. M►AtnO ZD(y -'DQO I1) NOM en )).KONG N. y•On ( ne,—• -r WTM.'-f _ -•rd...,lYCl.rlr�.ymMn.y r° A See Letter to: l / DM , ` u.w.ow°cnru a 'MAC., z o Attach I J G -"mum.'i�Ti` .w•. I I .D.». I * ua..r....•..n Job Add Y `°`� v° 1-- oNG tea`,'• . By: a -�G /t -_ »• 1 ". • 1 RAN Raw. �i Cx ar.O...iYO.iO, oeG.a z Q �SITE PLAN �, / • � +'r . n.` •°rn...••cru o .r — -_..- - --_ OMAN LEVEL FLOOR PLAIN . °ea.ro.w..w rx.a.., . Q 3 w•..� t f.. / VICINITY MAP Minor Modification � ``' 2014-00010‘1, Fhar sd 13035 / / Martin's Auto Detailing and rElementry '4, /� Sales 13025 / 411. 4■•■► I■■■••■ \■•■•■. \•■■•111. 11•111•111S, • 9975 Y1■■••■• Subject Site '\■■■■Ib 9975 apt: 7■■■■\ 13055 `■■■■■■ 993.5 •\■•■■■ •■••••■ A `1■■■■•■ NIEUJM■■■ 4 I-- 'fir" • 7t. 13050 `. �y� �I 13125 9960 13066 Information on this map Is for general location only and should be verified with the Development Services Division. S 13D90 Approx.Scale 1:1,000-1 In=83 ft �'o�/ Q�,� Map printed at 08:40 PM on 26-Jun-14 ` �� - DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MAKES NO WARRANTY,REPRESENIVYON OR GUARANTEE AS TO THE S CONTENT ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF / THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO T LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. sl - _ City of Tigard Feet 1 I D P 13125 SW Hall Blvd 0 125 6AR I S Tigard,5 9-4172 97223 ;� wAw.tigardorgov TIGARD APPLICANT MATERIALS 1 r - 4 RECEIVED • M City of Tigard MAY 0 7 2014 • C OF TJGARD Minor Modification — Type I Applicationt�1NG TIGARD I" I GENERAL INFORMATION Property Address/Location(s): ,3�5 W � ( 1 I[ (,(1'�� C(�' 1122 In addition, the Director must find that the proposed y I change is in compliance with all applicable requirements of Tax Map&Tax Lot#(s): Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a Site Size: discussion indicating how the site expansion/change will i continue to comply with the maximum setback, building Applicant*: t,J C41 Mr_{ YtliAI 11 X height, parking, and landscaping standards. Other Address: 1 2086 cw 13StV1 MIf. - ')O requirements of this title such as clear vision, solid waste City/State: IICI.A1C1 JO IL Zip: q l'2 23 storage, non-conforming situations, signs, and tree Primary Contact: • removal may also be applicable depending on the type and Phone:S3-col C119to Fax: 1 location of the proposed modifications. E-Mail:pia rfto S fu ll)etc-kW o)Qrf .6.)•Cory) Property Owner/Deed Holder(s)*: 1 Attac�h�±±ll�is�t�iff�more than one) ^��4�5/,N e (Attach J. Guadalupe. Sandi- 57 ce',/ 5D3' Sig 7'S3-57 REQUIRED SUBMITTAL ELEMENTS Address: I 000 W Moll\I Phone: 6`8,4/•2338 ty �-� A r�� �� } zip:9223 (Applications will not be accepted without the Ci /State: Q following required submittal elements) * When the owner and the applicant are different people, the T, Application Form applicant must be the purchaser of record or a lessee in Owner's Signature/Written Authorization possession with written authorization from the owner or an V. Title Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a 1: Site Plan L4 Large Plans&One—Reduced to 81/2"x 11") written authorization with this application. 's Applicant's Statementrrative(4 copies) ' Filing Fee (. Minor Modifications: I Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) —Conditional Use. If the Mp 20('4— modification exceeds the maximum allowed under any one or Case No.(s): 000 0 more of the criteria, a Major Modification review is required. �4KZ�O�`QU ��5_0� Major Modifications are processed in the same manner as a Other Case No.(s): ► l Bow 2.001 Site Development Review or Conditional Use Permit. Fee: 65 Is 00 Applicant's Statement: Receipt No.: �4 The applicant's statement must include a summary of the Date: 5 I- 2D(1-I proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: to each criterion. Failure to provide the information needed Date Determined Complete: S � y to process the application would be reason to consider an Revised: 6/17/21)13 application incomplete and delay review of the proposal. , 1:\CURPLN\Masters\Land Use Applications\Minor Modification.doca City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 a. To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • 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. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and may 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. SIGNATURES of each owner of the subject property. DATED this 74'1) day of NOV 0 Vi ./ _ i/i /�� 1� d Owner's Signature Owner's Signature er's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 RECEIVED MAY 0 7 2014 ____ � CITY OF TIGARD ,,,.,,, =a. e):.\ PLANNING/ENGINEERING I.N. ``" ': / \ 4lM wPwAR r.prMT6 TOP 1� �\[R1e'•it 'to n4viPJe I ��, r U1 Xa \iC-°ia.l VRE-U I F RECEPTION y Z F- k lam]]((\y W AVON O. O .wee � LI 10 t.� or LOW n \ ^ N. —_ ill �w.a,a. wa • - 111 re F / \ 1 1 1 1 1 1� t" 1 1 fNN 1 1 HPo�� LABORATORY _f . s \ 1-w PAM,ewI•.rnM L w...°.r,.wr.,.J] °.o�c m • �Od aJ.l Mir:~PPM m6Re6• AT ROOM — • Aw4•Lw NAN IM q,Re OPP Cu• V, l lk I V / A w�ctHSIQ , we.aio ,I .. �>TYPICAL CROSS SECTION e{ MEoPv ru,•a ° M+wORK."° '�=III C tool o.<D w +w ci _AOORATOIK • Dip •;� \ �• i WALL TYPE LEGEND .— r I -watAMa..,.,KO V `' ( O OIC LA •x,Reowwe.r]"Asws•• MEN* E • a u1°`.,om .D�iw•" ° a MT NO orrobae PNV 11/ O CMrM]xs MDrYl rtnw•co,.°O vol.*,• +o W� •.rU maw e•a••o•At Tn wreak=e4. t ,•CARTr.]. ..d.„ nwrM OV eerb•MO Aw.L TO MORON .,y - -■ ATTC"°» a " : «1 i s R �6. / ® .LM°MDR•.FOR cre Eno WN1'IV ROO. �r �°AK! V. w n.MT•�•<ti0O VI—■e e..00e q +c m a'ERATORY•2 s 1 �1 ; eTOwme ¢ a w - {� 9 3 11 40, \\\%„ I \\\ PVT.EINAR NT,I FLOOR PLAN NOTES ° OFicE '�" °""' ma. CP Wm Y.u.Rra. � n6.•ew //�� �io K°°' me LOGY ® p OPENNOG as wasp.oro scow our*mum..wvis ' •TO V 5441.34 VCR••• wr \ '�� ONE-STORY (�' / ,an,••ow RAA.LA.. •RA N ¢Wp PETALS o•e w• WIRD a AMT.NOV q. �1LGING _ �li� ♦• a=w..•w,noowunan O .,.,.. r u•.�. -w.w.MTa»eAI,•Iwe.eo.IO, <� owr.oeT•»rt i un.R.an., Q IC ..rR Ta�.w•.A..,D•E eD Or AIM... \/ ,, RECEPTION O 0 e •.•D,.CD»IV MIMI T�„•TW.D•• �"•\ 'a z ¢ •,M%,j M` IeI„w De WWI.,ro,reA,on AM=OM=u PART o Tw• V. / 4E,MAL PANEL (x` • 4• ITT W < u p MDTe•AIAR,w«wrlRewD. u.•w.Q,DC,ore•w w.�T ' \ w° ' ,f / uww b W F •,euan•••VATRO APO Dow]O RV"AM ow,••wnw► !r_ 4 Z > ..RV MR LOCATION,VT°wew^e wM�.r�/ /��p "iy / „]AlreG pr. p > u CITY OF�VAI7� .• i ./ , AREA Y � ..ene .N rIC cc CO Approved •[ J NN-4frek' ,e/st , ....Dw ; ..oe w e kr I- 1111 2 ID ConditionaN roved rr� \ '�A� 1!` /. / L W W 4 Y �e• u L IL MI 1- For only the work as described e•■: "�'� / �p �. .� 1 BUILDING]TENANT INFORMATION CC 3 PERMITNO. M►MriJ ZDI Y z'1 � / a w e ,dALOV5NV 1,110 ,YF.w D n J,Oe••TO T VONCT1A,PARTIAL e•.T A[ IA, �/� te\c2 ",••.Den OGMr{T TM•en•nonA. R ^1 See Letter to: A Blow _ DM WA / G ., n, r�»w Job Add `tee.. /0°oc I I . .�._� ° ' By: G,-�G /4 °��. e 1 aA ',�D.z y � rOF, / 9 NORIM v RAPS.•�WO 1 QSFTE PLAN ■ " / 0I'IAI LEVEL FLOOR PL�I •T°'Ln.•o L.v MR•u•aI•O,.r L I I I artins Auto Detailing & 13075 s.w Pacific Higimay Pacific Auto Sales LLC Tigard, OR 97223 VEL• MAY 072014 May 6, 2014 CITY OF TIGARD To whom it may concern, PLANNING/ENGINEERING This letter is to request a location change for Martins Auto Detailing and Pacific Auto Sales LLC. The property was previously operated by a medical (Dental) office. At this location we plan to operate our dealership where we can sell cars as well as provide detailing and auto repair services. The building is 1376 square feet, a one story structure with a partial basement. There are five parking spaces on site and one handicap parking. We are moving into the building as is without making any changes to the property. The following modifications are not applicable: 1. An increase unit dwelling unit density, or lot coverage for residential development. 2. A change in the ratio or numbers of different types of dwelling units 3. A change that requires additional on site parking in accordance with Chapter 18.765 4. A change in the type of commercial or industrial structures as defined by the uniform 5. An increase in the height of the building by more than 20% 6. A change in type and location access ways 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 exceed 100 vehicles per day. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10% 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facility b. Screening; and/or c. Landscaping provisions 11. A modification to the conditions imposed at the time of site development review approval is not subject of subsection B.1 through 10 above of this section. Sincerely, Mahmoud Hamnoee r { RECEIVED J �d , MAY072014 CITY OF TIGARD `�s., G k, PLANNING/ENGINEERING ��4 THIS SPACE RESERVED FOR RECORDER'S USE After recording return to Grantee: e J. Guadalupe Sanchez 10000 SW Molly Ct. Tigard, OR 97223 File No.: 1032-1310868 (PC 10569) Date: December 16, 2013 DEED OF RECONVEYANCE First American Title Insurance Company of Oregon, hereinafter Trustee Deed dated November 25, 2008, executed and delivered b Blanca E. Zavala, , under that certain Beneficiary, , as tenants by the entire by J. Guadalupe, G Sanchez and ry, and recorded December � entirety as Grantor, and Gary Bentgage Records of Washington December 2 2008, as Fee r2 Shuler the county described as follows: County, Oregon, conveying realorope situated in said property rty situated in said "As fully set forth on said Deed of Trust as described above". Having received from the beneficiary reciting that the obligation secured by said Trust aDeed rhas been full does grant bargain,obligation and convey, paid and request m to d here y, to the person or y but without any covenant or fully waranty performed, hereby persons legally entitled thereto, all of the estate held byte undersigned ninpand to said described premises by virtue of said Trust Deed. First American Title Insurance Company of Oregon Z cr 0 EE B J 4. )l' LU Janet . Winder, Vice President Q STATE OF OREGON I- ) CO ) CC County of Yamhill )ss. ti This instrument was acknowledged before me on this December 16, 2013 by Jan Vice President of First American Title Insurance Company of Oregon, a cot the corporation. Y et L. Winder as potation, on behalf of :!_�,+,, OFFICIAL A -..SEAL �; C.. =� �ti TONI A PEARCE Toni A. Pearce NOTARY PUBLIC-0OREGON Notary Public for Oregon MY COMMISSION EXPREIS M ARCH 31,2015 My commission expires: March 31, 2015 NOTICE OF TYPE II DECISION ADJUSTMENT (VAR) 2009-00004 : SANCHEZ COMMERCIAL BUILDING ACCESS/EGRESS ADJUSTMENT TIGARD 120 DAYS = 8/29/2009 SECTION I. APPLICATION SUMMARY FILE NAME: SANCHEZ COMMERCIAL BUILDING ACCESS/EGRESS ADJUSTMENT CASE NOS.: Variance (VAR) VAR2009-00004 Minor Modification(MMD) MMD2009-00008 PROPOSAL: The applicant is requesting a variance to reduce the 24-foot minimum access width to 12 feet, 6 inches. In addition the applicant has requested a minor modification to do minor site improvements, including changes to parking and landscaping to an existing commercial development. APPLICANT & J. Guadalupe Sanchez APPLICANT'S Guy Altman,Architect OWNER: 10000 SW Molly Ct. REP: 3710 SE Willamette Ave. Tigard, OR 97223 Milwaukie,OR 97222 LOCATION: 13075 SW Pacific Highway;Washington County Tax Map 2S102BD,Tax Lot 3200. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.765,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for the adjustment subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. NOTICE OF TYPE II DECISION VARAX)9-(XX)04&MMD 09-0()(X18/SANCI-IEZ COMMERCIAL BUILDING PAGE 1 OF 11 ���/ � ,1,1�,, �- .�-- '71P/'�7 _ _ 7,.:.„ ,,,_,,,,,,,- r///���/"- C% I c. SP 1 _ r �. A __i_razo„' -______ r _goo/4-2y ri . ,_ - :. IVY§ S a [-so o 1 1'i 'ti' 1 o vtmG S'?1v+-7 — • i I S- 1 ,,C `� r' _/� y 2 C r 6j?S `L t lr r--- J0711_, = s ",t 09,1.h CONDITIONS OF APPROVAL PRIOR TO SITE WORK AND THE ISSUANCE OF PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl Caines 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. The applicant shall submit a revised site plan for review and approval showing: A. Large stature and broad spreading at maturity trees within the parking area to meet canopy requirements. B. A small stature street tree that is compatible with overhead utilities and is acceptable to Oregon Department of Transportation (ODOT). C. Detail of tree protection for existing birch trees on neighboring property to the north (tax lot 3100). The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 2. The applicant shall provide a detail with calculations for review and approval of how the water quality standards are met. 3. The applicant shall provide a copy of the approved ODOT Miscellaneous permit for improvements within the Pacific Highway right-of-way. 4. The applicant shall comply with applicable Clean Water Services standards. 5. The applicant shall work with adjacent property owners to construct sidewalk/pathway connections as required by ODOT. SECTION III. BACKGROUND INFORMATION Vicinity & Site Information: The subject site is located on the north side of Pacific Highway near the Frewing Street intersection. The property is zoned General Commercial (C-G) with properties to the north and west also zoned C-G. Adjacent sites to the west and south are zoned Medium Density Residential (R-12). The site is narrow and is developed with a commercial building from the early 1900s. Site History: Staff conducted a search of City records for the subject property found no other land use cases for the site. Proposal Description_ The applicant is requesting a variance to reduce the 24-foot minimum access width to 12 feet, 6 inches. The access currently exists, but is not fully improved. It will be used to reach proposed parking behind the building. A minor modification has been requested to do minor site improvements, including changes to the existing parking and landscaping. The gravel parking will be paved and striped, new landscaping is being added to meet the screening standards for parking areas, and drainage will be improved by directing surface water to a catch basin and existing soakage trench. The proposed use is Personal Services, which is a permitted use in the C-G zone. NOTICE OF TYPE 11 DECISION VAR2009-00M4&MMD 09-Uk i8/SANCHEZ COMMERCIAL.BUILDING PAGE 2 OF 11 SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received no comments or letters from adjacent property owners. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A. Variances and Adjustments 18.370 B. Zoning Districts 18.520 Commercial Zoning Districts C. Additional Applicable Development Code Standards 18.360 (Site Development Review) 18.705 (Access Egress and Circulation) 18.745 (Landscaping and Screening) 18.765 Off-Street Parking and Loading Requirements) 18.795 (Visual Clearance) D. Impact Study 18.390 SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. VARIANCES AND ADJUSTMENTS The applicant has requested a variance to reduce the 24-foot minimum access width to 12 feet, 6 inches. The site is currently accessed by a 12-foot, 6 inch drive. The applicant has proposed to pave the drive and a four space parking lot behind the building. The applicant's representative, Guy Altman, contacted the owner of the property to the north (Midas — 13005 SW Pacific Highway) requesting shared access. There was no response to the inquiry. 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; e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Allowing the access width to be reduced approximately 11.5 feet is not damaging to the purpose of the code or properties in the vicinity. The sites to the west and south are owned by the Tigard Tualatin School District. C. F. Tigard Elementary school is to the north, and the school district's bus parking is to the west. Another commercial business is located to the east. Each of these parcels have separate access points and only the Midas business to the east is accessed via Pacific Highway. The narrow access will not affect these neighboring properties. NO'11CI? OFIYPE II DECISION V'AR2(X)9-(XXxi4&NI\Ill2109-(fl )8/S:ANCI IF!..CO\[MIE:RCI:AI.BUILDING PAGE 3 01:11 The site is 40 feet wide. The existing building is approximately 24 feet wide and is about 3 feet from the south property line, leaving only 13 feet for the access drive and curb. There is no other location for an access from the site to a public street. Due to the site's deep and narrow shape and the fact that existing development prevents a wider access, the hardship is not self-imposed. The applicant has asked for the minimum variance width that will allow the widest access possible. The building was constructed in the early 1900s, prior to land use regulations. No land use decisions have been issued for the site. Previous uses include Office and Sales-Oriented Retail. The applicant has proposed Personal Services,which is a permitted use within the General Commercial (C-G) zone. Only the traffic and drainage systems will be affected by the proposed narrow access width. The applicant states that drainage will now be treated but does not show how water quality standards will be met. The drive will be graded and repaved to drain to a centrally located catch basin. A condition of approval will ensure that the water quality standards are met. The proposed changes will improve the existing access by adding curbing along the northern property line and promoting better visibility at Pacific Highway. FINDING: Based on the analysis above, the Variance criteria have not been fully satisfied but can be as conditioned below. CONDITION: The applicant shall provide a detail with calculations for review and approval of how the water quality standards are met. B. ZONING DISTRICTS Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the C-G zoning district: General Commercial. Development Standards: Section 18.520.040.B States that Development standards in Commercial Zoning Districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN COMMERCIAL ZONES STANDARD C-G PROPOSED Minimum Lot Size None 8,154 s.f. -Detached unit - -Boarding,lodging,rooming house Minimum Lot Width 50 ft. 40 ft. Minimum Setbacks - Front yard 0 ft. 6 ft. -Side facing street on corner&through lots - - -Side yard 0 ft. 3 ft 4 in/13 ft -Side or rear yard abutting more restrictive zoning district - - - Rear yard 0 ft. 136 ft. - Distance between front of garage&property line abutting - - a public or private street. Maximum Height 45 ft. existing, 1 story Maximum Site Coverage 85% 85% Minimum Landscape Requirement 15% 15% The site lies within the C-G zoning district. As demonstrated in the table above, the applicant's plans comply with the development standards of the zone, with the exception of the minimum lot width. As this was an existing condition prior to the adoption of this standard and is not proposed by the applicant, the site is considered non-conforming. The proposed use is Personal Services,which is permitted in the zone. FINDING: Based on the analysis above, the Development Standards criteria have been fully satisfied. NOTICE OF TYPE II DECISION VAR2009-(K)004&MMD2009-00008/SANCI-IEZ COMMERCIAL BUILDING PAGE 4 OF II C. ADDITIONAL APPLICABLE DEVELOPMENT CODE STANDARDS Site Development Review(18.360) Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Due to the age of the development, the site is considered non-conforming. It was likely built prior to any development code regulations and is considered non-conforming. The applicant is proposing changes to the site that will bring it closer into compliance. These changes include paving the existing parking area in the rear, a new curb cut,and landscaping. Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The applicant has not proposed expanding the existing structure. The building has been used for a number of uses over the years. Staff was unable to find a land use approving a particular use within the building. Personal Services is the use proposed by the applicant,which requires 2.5 spaces per 1,000 square feet of building. The building is 1,376 square feet, which requires a minimum of four (4) spaces. The applicant has proposed four spaces,including one van accessible space. This standard has been met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to the building. This criterion has been satisfied. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes to the accessways or parking areas are proposed that affect off-site traffic. Parking is proposed at the rear of the building. An existing drive leading to that parking will not be re-located,only upgraded with a new driveway approach. This approach,curb cut,and new sidewalk must be approved and permitted by Oregon Department of Transportation (ODOT) as Pacific Highway is an ODOT facility. This criterion can be met as conditioned below. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The applicant states that the use is not changing. Because the site was developed prior to any development regulations, there has been no approved use of the site/building. The applicant is proposing a Personal Services use. No information was provided on traffic to and from the site, only a statement that traffic will not increase. Staff has researched the International Traffic Engineer Trip Generation Report for the average number of vehicle trips for sales oriented retail and office uses vs. service uses. The average number of daily trips for a service use is similar to office uses and far less than sales oriented retail uses. Since the building has had varying uses in the past including sales oriented retail and office most recently,it can be concluded that vehicular traffic to and from the site will not increase. Considering the small size of the building, number of parking spaces (4), and proposed use, vehicle trips are not expected to exceed 100 per day. This criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. No building expansions have been proposed. This standard is not applicable. NOTICE OF TYPE II DECISION VAR2 X 9-0lfl4&MMD2009-00008/SANCHEZ COMMERCIAL BUILDING PAGE 5 OF 11 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. No reduction of project amenities. The applicant has proposed to install screening for the parking area and to upgrade the landscaping on the site. This criterion is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. As noted above there have been no previous approvals for the site or development. This standard does not apply. FINDING: The minor modification criteria has not been fully met, but can be as conditioned below. CONDITION: The applicant shall provide a copy of the approved ODOT Miscellaneous permit for improvements within the Pacific Highway right-of-way. Landscaping and Screening(18.745): All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high rade and shall meet the size and grading standards of the American Standards for Nurberg Stock ANSI Z-60, 1-1986, and any other future revisions). Landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the most recent edition of the American Institute of Architects' Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. Street Trees: Section 18.745.040 states that all development projects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small,medium or large). Because the site has only 40 feet of street frontage this standard does not apply. Nevertheless the applicant has proposed one street tree (Quercus coccinea, Scarlet Oak). The City Arbonst has reviewed the plans and noted that the proposed street tree is not compatible with overhead utilities. A condition of approval will ensure an acceptable species of street tree is provided. Special Provision: Screening and Landscaping of Parking Areas Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The applicant's plan shows an 8-foot wide landscape area adjacent to the parking area. This landscaping will screen the parking from neighboring sites. A 5-foot high wood fence with a mix of trees and shrubs has been proposed. The screening and buffering requirements have been met. NOTICE OF TYPE II DECISION VAR2009-00004&MMD2009-00008/SANCHEZ COMMERCIAL BUILDING PAGE G OF 11 The screening/buffer trees will also serve as parking lot trees; therefore they must provide a canopy effect over the parking area. The City Arborist has reviewed the landscape plan and states that the parking lot tree species should be large stature and broad spreading at maturity (e.g. scarlet oak or choose a large, broad tree from the Tigard list). A condition of approval will ensure this standard is satisfied. FINDING: The Landscaping and Screening standards can be met as conditioned below. CONDITION: The applicant shall submit a revised site plan for review and approval showing: A. Large stature and broad spreading at maturity trees within the parking area to meet canopy requirements. B. A small stature street tree that is compatible with overhead utilities and is acceptable to Oregon Department of Transportation (ODOT). C. Detail of tree protection for existing birch trees on neighboring property to the north (tax lot 3100). Off-Street Parking and Loading (18.765): Location of vehicle parking: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces;4) Long-term spaces. According to measurements taken from the plans, the parking associated with this project is within 40 feet of the existing building. All parking has been proposed to be located on-site. Therefore, this standard has been satisfied. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. The applicant is required to provide a minimum of one ADA parking spaces. One space is provided. Final determination of the number and design of the required ADA spaces will be made by the building official during the review of the building permit application. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off- street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter,18.705,Access,Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences,walls or other barriers or markers on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795,Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. There is one existing access to the site. The applicant has proposed upgrading that access with paving and a curb. There is not adequate room between the building and property-line to construct a 24-foot, two-way access drive; therefore the applicant has requested a variance to the minimum access width requirement. Visual clearance requirements are not met, but cannot be met considering existing development. Because the structure was built in the early 1900's prior to the current development regulations, the development is considered non-conforming. NO11CIi OF II DECISION VAR2009-01X104&MMD2009-00008/SANCI-IE7.COMMERCIAL BUILDING PAGE 7 OF 11 Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces clearly marked with striping, and the direction of flow is obvious in the small parking area. Therefore,this standard has been satisfied. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant's plan indicates that wheel stops will be installed throughout the parking lot. This standard is satisfied. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. Stall width dimensions may be distributed as 50% standard spaces,50% compact spaces. All compact spaces shall be labeled as such. The applicant's plans indicate that of the 4 parking stalls, 3 stalls are standard spaces and one is van accessible. Dimensions of the 90 degree parking spaces are 10 ft. by 18.5 ft. The drive aisle is two-way and a width of 24 feet. Figure 18.765.1 requires that all compact spaces be marked as such. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The minimum parking for a Personal Service Use is 2.5 spaces per 1,000 gross square feet. For the total square footage (1,376), 4 spaces are required. The site lays within the Zone A parking area for purposes of calculating maximum number of parking spaces. The maximum allowed parking is 3.0 spaces per 1,000 g.s.f. or 5 spaces. The site plan shows 4 parking spaces. This number meets both minimum and maximum standards. Visual Clearance Areas (18.795): Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, plant, fence, wall structure, or temporary or permanent obstruction exceeding three (3 feet in height. The code provides that obstructions that may be located in this area shall be visua clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provi ed that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. Visual clearance requirements are not met, but cannot be met considering existing development. There is no alternative access point along the site frontage that could meet the visual clearance requirements. Because the structure was built in the early 1900's prior to the current development regulations, the development is considered non-conforming. NOTICE OF TYPE II DECISION VAR2009-(M)004&MMD20$)-(00O8/SANCI IE7.COMMERCIAL BUILDING PAGE 8 OF 11 D. IMPACT STUDY Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. The proposed adjustment to the access/egress standards and site modifications will not affect the water or parks systems. Noise is not expected to be an issue because the proposed use is Personal Services. A new driveway approach, curb cut and sidewalk are proposed. These improvements will upgrade the existing access. The applicant has been working with ODOT on a design for the driveway approach and public sidewalk that will improve traffic/pedestrian safety. These public improvements are shown on the proposed plans. Storm water will be directed to a new catch basin in the parking area. SECTION VII. OTHER STAFF COMMENTS The Tigard Public Works division had no objections to the proposal but wanted to ensure ODOT had approved the one-way access. The City Arborist has reviewed the proposal and provided comments. Those comments not incorporated into the decision are found below: • Please choose a small stature street tree that is acceptable to PGE and Tigard. • ODOT approval is required for street trees in ODOT right-of-way. • ODOT requires root barriers for street trees. SECTION VIII. AGENCY COMMENTS Qwest has reviewed the proposal and noted that the location falls outside of the Qwest service area. Tualatin Valley Fire and Rescue has reviewed the proposal and has no objections. Oregon Department of Transporation (ODOT) has reviewed the application and offered the following comments: The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and aninterest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated below to determine permit requirements and obtain application information. • PROPOSED ACCESS TO STATE HIGHWAY Site access to the state highway is regulated by OAR 734.51. Until the ODOT approach permit review has been completed, we cannot make a determination on the number, location or design of the proposed approach(es) to the highway. • ODOT RECOMMENDED LOCAL CONDITIONS OF APPROVAL Curb, sidewalk, bikeways and road widening shall be constructed as necessary to be consistent with the local Transportation System Plan and ODOT/ADA standards. • An ODOT approach permit for access to the state highway or written determination (e-mail, fax or mail acceptable) from ODOT that the existing approach is legal for the proposed use is required and must be obtained. • The applicant shall record with the County Assessor cross over access easements to the adjacent properties with state highway frontage. NOTICE OF TYPE II DECISION VAR2009-00004&MMD2009-IXriX)8/SANCHF_.Z COMMERCIAL,BUILDING PAGE 9 OF 11 ♦ An ODOT Miscellaneous Permit must be obtained for all work in the highway right of way. • The applicant must obtain an ODOT permit to place trees in the state right of way. Tree spacing and design must be consistent with Highway Design Manual Technical Bulletin RD06-03B, or ODOT must approve a design exception. Clean Water Services has reviewed the proposal and submitted the following comments: Prior to any site work: A Clean Water Services (the District) Storm Water Connection Permit Authorization must be obtained. Application for the District's Permit Authorization must be in accordance with the requirements of the Design and Construction Standards,Resolution and Order No. 07-20, (or current R&O in effect at the time of Engineering plan submittal),and is to include: ♦ Detailed plans prepared in accordance with Chapter 2, Section 2.04.2.b-1. • Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. If site area and any offsite improvements required for this development exceed one-acre of disturbance, project will require 1200-C Erosion Control Permit. • Detailed plans showing the development having direct access by gravity to public storm and sanitary sewer. The extension of public sewers may be necessary. • Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 07-20, Section 4.05.5, Table 4-1. Access shall be provided for maintenance of facility per R&O 07- 20, Section 4.02.4. • If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and any additional improvements and/or upgrades that may be needed to utilize that facility. ♦ If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. • Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. • Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. NO I10E OF TYPE II DECISION VAR2109-001104&MMD2009-00008/SANCI-WZ COMMERCIAL BUILDING PAGE 10 OF 11 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 5, 2009 AND BECOMES EFFECTIVE ON JUNE 20, 2009 UNLESS AN APPEAL IS FILED. AAp eal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON JUNE 19, 2009. uestions: I you have any uestions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard Oregon at(503) 639-4171. June 5.2009 PREPARED BY: Cheryl Caines DATE Associate Planner NOTICE OF TYPE II DECISION VAR2009-00004&MMD2009-00008/SANCHEZ COMMERCIAL BUILDING PAGE II OF 11 9 / \ <49 'ke. \Ic.6 amal 4 PRELIMINARY Q \ -.\ \ CITY OF Tia/00 PLANNING DIVISION W II w 0 \- (..w, I/ \ k • __I ,_ i '4 _ I i I i • i 4 x a 1 -I , .. \ ,� / a \ • b, I SII. \ 4/ I •• • 11C17 Mrt•0MO 0 our ° f 1 TO 0.0101 r j i • .., 4 NW•••••0101.rgraNrl {. I 0 .racer.»rn..WWII.cant 6 r.ls.lorva•�w 00111100.1 000 0 V Al..WW1 '^MOM*0000 0110100.. OJAI y.0101 AMA 4 • 1.104 is �\ ONE-DTORT pp - ��ss` BUILDING (� i ul.lr.r rn. i Naga.IMA>otimc 110...1••oaa..o.raawc.s• , <♦ 11011104.0101- 000 0,01/1 mown 4.00 PrbK , 11 11 .r..•Om 00101.I.arlw TO IndALYMP 110000 01110. O r 0=0110 001r,n WWI 100,4 Z /dr' • •P . 11114, •J * IL POOWAL W 0=00 mR .■ M T aa .O. , <......(AT 011011•110 TWO 111.10TI a. .d ‘,,r � TOI 0 000.1114111 i .COAT. Cl.a Z W 011100101 IM..MO Ice.1110411444 00 111111011110 MEMO 0•10 r........01.11.E 110010 OW A .aae d PC 10~MUM 6, / ...:11.3 lcrr.l< /�� W TIM-00 lir/ la. li .an.vr Y r .017 1A. ' t• Z Ia:% /dog - O. / °• Z P OSBTI! PLAN " •