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SDR2014-00003 Decision - Shady Lane Drive-Through NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2014-00003 RETAIL AT SHADY LANE T I G A R D 120 DAYS = 12/17/2014 SECTION I. APPLICATION SUMMARY FILE NAME: RETAIL AT SHADY LANE CASE NOS.: Site Development Review (SDR) SDR2014-00003 PROPOSAL: The applicant requests redevelopment of a 0.44 acre arcel located at 9785 SW Shady Lane, formerly used as a gas station and then a playground equipment store. The proposal would remodel the existing building with a small addition for a drive- through coffee shop and associated site improvements. APPLICANT: MAJ Development Corp OWNER: Stanley and Audene Nored c/o Mike Jenkins 511 NEE 21st Place 300 West 15th Street, Suite 200 Canby, OR 97013 Vancouver,WA 98660 APPLICANT'S Mackenzie REP: c/o Ryan Shera 1515 SE Water Avenue,Suite 100 Portland, OR 97214 LOCATION: 9785 SW Shady Lane;Washington County Tax Map 1S135BD,Tax Lot 00200. COMP PLAN DESIGNATION/ ZONE: MUC: mixed use commercial district. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.630, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED thee request for Site Development Review (SDR2014-00003) subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of the Decision. NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 1 OF 26 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF SITE/BUILDING PERMITS: the applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the M requirements to the COMMUNITY PLANNING DIVISION, ATTN: GARY PAGENSTECHJR 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 2. The project arborist shall perform bimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 3. Prior to site work, the applicant shall provide a tree establishment bond for all trees to be planted per the approved urban forestry plan. The total bond amount shall be equivalent to the city's average cost to plant and maintain a tree per the applicable standards in the Urban Forestry Manual for a period of two years after planting multiplied by the total number of trees to be planted and maintained. 4. Prior to site work,the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan. 5. Prior to site work, the applicant shall submit a revised site plan showing the direction of parking lot traffic flow to maintain vehicular and pedestrian safety such as signage to direct vehicles to drive- through entry and prevent vehicles entering exit lane of drive-through. 6. Prior to site work, the applicant shall submit a revised Landscape Plan showin that the L1 and L2 standards are met. In ad-cation a note shall be placed on the Landscape Plan that calls out the 90% opacity within one year performance requirements for parking lot screening to guide future maintenance. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements for review and approval to the ENGINEERING DEPARTMENT,ATTN: Greg Berry, 503-718-2468 or greg @tigard-or.gov: 7. Prior to issuance of building permits, a Public Facility Improvement (PFI) permit is required for this project to cover street improvements, public utility issues, and any other work in the public right-of- way. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the"Permittee". 8. Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. 9. Prior to any work on site, the applicant shall obtain city approval of plans to construct measures (such as a center island in Shady Lane or raised median in Green-burg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. 10. Prior to any work on site, the applicant shall obtain city and county approval of plans to construct measures (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer, but plans must be approved prior to construction work on this site. 11. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition (and any subsequent versions or updates)." 12. Prior to issuance of building permits, the applicant shall obtain all permits and service provider letters necessary from all appropriate agencies (such as Washington County,Tualatin Valley Water Department and Clean Water Services) for all work to be done on site. NOTICE OF TYPE II DECISION SDR2014-00003;Retail at Shady Lane PAGE 2 OF 26 13. Prior to issuance of building permits, the applicant shall obtain approval from Tualatin Valley Fire and Rescue. 14. Prior to any round disturbance on the site the applicant shall obtain a 1200-C General Permit issued by the City City Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 15. Prior to issuance of building permits, the applicant shall obtain city and CWS approval of plans for the construction of the stormwater treatment facilities. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The-applicant sliiall prepare a cover letter and submitat, aloe with any supporting ocuments and/or _plans that address the following requirements to the COMMUNITY PLANNING DIVISIN, ATTN: GARY PAGENSTF CHER 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 16. Prior to final building inspection, the project arborist shall perform a site inspection, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval to the city manager or designee. 17. Prior to final building inspection, the applicant shall submit a sign permit application for any signs proposed for the development project. 18. Prior to final building inspection, the planning division shall be contacted to conduct an inspection to verify that the proposal was completed in accordance with this decision and the approved plans. 19. Following final building inspection the tree establishment period shall immediately begin and continue for a period of two years. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements for review and- approval to the ENGINEERING DEPARTMENT,ATTN: Greg Berry, 503-718-2468 or greg @ tgard-or.gov: 20. Prior to issuance of an Occupancy Permit, the applicant shall obtain city and CWS approval of the complete construction of the stormwater treatment facilities and maintenance plans. 21. Prior to issuance of an Occupancy Permit,the applicant shall obtain city approval of the complete construction of the roposed driveway. The applicant's engineer shall submit a final access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. 22. Prior to issuance of an occupancy permit,the applicant shall obtain city approval of constructed measures (such as a center is and in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. 23. Prior to issuance of an occupancy permit,city and county approval shall be obtained of measures constructed (such as a center island in the frontage road or raised median in Greenburg Road)that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but must be in place prior to issuance of an occupancy permit. 24. Prior to issuance of an Occupancy Permit,the applicant shall pay the fee in-lieu of undergrounding overhead utilities. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 3 OF 26 SECTION III. BACKGROUND INFORMATION Site History: The subject .44-acre property is located at the intersection of Highway 217, SW Greenburg Road, and Shady Lane.The property is flat and slopes gently to the southwest. The site has been previously developed with an approximately 2,000 square foot building, a parking area, landscaping, and a canopy over what used to be a fueling area when the site was used as service station between 1971 and 1988. From 1989, the site had been used for vehicle storage, sales, and rentals. Since 2005 (CUP2005-00002) the site has operated as Rainbow Park and Play,a playground equipment retailer. Proposal Description and Site and Vicinity Information: The applicant requests redevelopment of a 0.44 acre parcel located at 9785 SW Shady Lane, formerly used as a gas station and then a playground equipment store.Re-use of the existing building with a small addition for a drive- through coffee shop and associated site improvements are proposed. The subject property is zoned MUC, as is the abutting property to the north and east and those across SW Shady Lane to the south and Greenburg to the west. Elevated sections of Greenburg and the 217 southbound on-ramp border the site to the west and north. SECTION IV. NEIGHBORHOOD COMMENTS 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. The notices were mailed August 21,2014. One comment was received during the comment period from an interested party, stating that "Nearby Fanno Creek needs a clean-up. This place would make a great green space or park. There are far too many crashes on Greenburg." RESPONSE: These comments are not directly related to the approval criteria. However, the project's impact on traffic safety on Greenburg is addressed by the applicant's Traffic Study and the Development Review Engineer's findings in Section 18.810 of this decision. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Zoning Districts 18.520 Commercial Zoning Districts 18.630 Washington Square Regional Center Plan District B. Applicable Specific Development Standards 18.705 Access Egress and-Circulation 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.755 Mixed Soliaste and Recyclable Storage 18.765 Off-Street parking and loading requirements 18.780 Signs 18.790 Uthan Forestry 18.795 Visual Clearance C. Land Use Decisions 18.360 Site Development Review D. Street and Utility Improvement Standards 18.810 E. Decision Making Procedures 18.390 Impact Study NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 4 OF 26 SECTION VI. APPLICABLE REVIEW CRITERIA B. ZONING DISTRICTS Commercial Zoning District(18.520) Lists the description of the Commercial Zoning Districts. The site is located in the MUC: Mixed Use Commercial zoning district. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. The site is currently developed with an 1,800 square foot building previously used for automotive uses and retail sales. The applicant proposes to remodel the building for use as a drive-through coffee shop, classified in 18.130.060.F as an eating and drinking establishment, a use permitted in the MUC zone as shown in Table 18.52.1. Development Standards: Section 18.520.040.A requires all development to comply with the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variance in accordance with Chapter 18.370. The applicable development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 COMMERCIAL DEVELOPMENT STANDARDS STANDARD MUC Proposed [17] 18] Minimum Lot Size None 0.44 acres -Detached unit - NA -Boarding,lodging,rooming house NA Minimum Lot Width None 106 ft. Minimum Setbacks - Front yard 0 ft.[19] 80 ft. - Side facing street on corner & through lots 0 ft.[19] 40 ft. - Side yard 0 ft. 18 ft. - Side or rear yard abutting more restrictive zoning district [19][20] NA - Rear yard - 13 ft. - Distance between front of garage & property line abutting a 0 ft. NA public or private street. [19][20] A Minimum Building Height 2 stories 1 story Maximum Building Height 200 ft 16 ft. Maximum Site Coverage 85% 68.4 °.'o Minimum Landscape Requirement 15% 31.4°!0 Minimum FAR [3] 1.25 .10 [17] Modifications to dimensional and minimum density requirements for developments that include or abut designated Water Resources Overlay District Riparian setbacks per Chapter 18.797 are described in 18.630.040.F. [18] The requirements contained in the Buffer Matrices in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvement s to be installed between proposed uses in the MUC,MUE and MUR zones within the Washington Square Regional Center(WSRC) and abutting zoning districts not included within the WSRC,or zoning districts within the WSRC which are not mixed-use.For MUC and MUE zones,the requirements for Commercial Zones apply.For MUR zones,the requirements for the Neighborhood Commercial Zone apply. [19]For Commercial and Mixed-use developments,the maximum front and street side yard setback is 10 feet.For Residential only developments, the maximum front and street side yard setback is 20 feet. [20]Side and rear yard setbacks shall be 20 feet when the zone abuts residential districts shown in Section 18.510.020 except R-25 and R-40. FINDING: As shown in the table above, and described in the applicant's narrative and plan set, the proposed re-development of the existing building does not comply with the commercial development standards for the MUC zone. However, as provided in 18.630.030, lawfully established pre-existing developments within the Washington Square Regional Center Plan District Mixed Use Districts are approved developments.Addition,expansion,or enlargement of such structures are subject to substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 5 OF 26 development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. The applicant has not proposed any changes to the lot. Side yard setbacks are greater than 10 feet. The front yard setback is reduced by the drive-through addition (from 85 feet to 80 feet) to be more in compliance. The site coverage has been reduced from 82.7%to 67.6%, also more in compliance with the site coverage standard. The project is in substantial compliance with the applicable commercial development standards. Washington Square Regional Center Plan District (18.630): 18.630.010 Purpose and Applicability C. Development conformance. All new developments, including remodeling and renovation projects resulting in new non-single-family residential uses, are expected to contribute to the character and quality of the area.In addition to meeting the design standards described below and other development standards required by the development and building codes, developments will be required to dedicate and improve public streets, connect to ublic facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. 18.630.020 Development Standards A. Compliance required. All development must comply with: 1. All applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370 and subsections C through E of this section; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards which apply within mixed-use zones in the Washington Square Regional Center Plan District are contained in Table 18.520.2. Existing developments which do not meet the standards specified fora articular district may continue in existence and be altered subject to the provisions of Section 18.60.030. As noted in the previous section above, the existing developed site does not meet the setback standards in Table 18.520.2,but may be altered subject the following provisions. 18.630.030 Pre-Existing Uses and Developments within the Washington Square Regional Center Plan District Mixed Use Districts A. Applicability. Pre-existing housing units in mixed use districts are permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the regional center mixed use zoning districts that were lawfully in existence at the time of adoption of the regional center mixed use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22,2002. 1. An addition, expansion, or enlargement of such lawfully preexisting uses and structures up to 20% of the gross floor area lawfully in existence at the time of adoption of this ordinance will be allowed provided the applicant of such proposed addition, expansion or enlargement demonstrates substantial compliance with all appropriate development standards in this code, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion or enlargement allows. The existing development occurred prior to adoption of the Washington Square Regional Center Plan District. The applicant proposes a minor addition of 41 square feet, or 2°,o of the 2,035 square foot building for a use permitted in the MUC zone. The drive-through window addition extends the building to be more in compliance with front and side yard setbacks. Landscaping is increased to 32.4%, which exceeds the minimum 15%. As reviewed below, the proposed re-development is in substantial compliance. 18.630.050 Site Design Standards Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan may be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010.C.2, governing criteria for granting a variance, is satisfied. A. Building placement on major and minor arterials. 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and ground floor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. NO17CI;01'TYPI I II I)1 ICI SION SiR2014-00003/Retail at Shady Lane PAGE.6 OF 26 2. Standard. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. B. Building setback. 1. Purpose. Buildings and investment in architecture is most conspicuous when it is visible from the street.-The presence of buildings closely sited at the edge of the right-of-way creates an envelope for the street and a sense of permanence. 2. Standard. The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. C. Front yard setback design. 1. Purpose. The front yard is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movement helps create an active and safer street. Higher level oflandscape anticipates a more immediate visual result. 2. Standard. Tor setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to the applicable standard in subsection E of this section. Hard-surfaced areas shall be constructed with scored concrete or modular paving aterials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per 18.520.04O.B and Table 18.520.2. D. Walkway connection to building entrances. 1. Purpose. As density increases and employee and resident populations increase, it is expected that more people will move between businesses within the WSRC. Provisions should be made to encourage people to walk from business to business, and housing to business rather than use automobiles. 2. Standard. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per 18.52O.040.B and Table 18.520.2 E. Parking location and landscape design. 1. Purpose. The emphasis on pedestrian access and a high quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. 2. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the city where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage. When abutting public streets, parkin must be behind a landscaped area constructed to an L-1 parking lot screen standard. The minimum depth of the L-1 landscaped area is eight feet or is equal to the adjacent building setback,whichever is greater. All other site landscaping shall be landscaped to an L-2 general landscaping standard. The L-1 and L-2 standards are more fully described in Section 18.630.090. The site design standards apply to the proposed redevelopment. However, the location of the existing building precludes meeting these standards. As shown in the applicant's Site Plan (Sheet C2.1) and the findings in this decision, the applicant has shown substantial compliance by reducing the nonconforming setbacks and meeting the walkway and landscape design standards of the district. The site design standards are substantially met. 18.630.060 Building Design Standards All new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with the following design standards. Variance to these standards may be granted if the criteria found in 18.37O.O1T.C.2, criteria for granting a variance, is satisfied. The applicant proposes to re-develop an existing building in the MUC zone. Therefore, these standards do not apply. 18.630.070 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the Development Code the following standards shall be met: 1. Zoning district regulations. Residential only developments within the MUC MUE and MUR zones shall meet the sign requirements for the R-40 zone, 18.780 .130.B; nonresidential developments within the MUC zone shall meet the sign requirements for the commercial zones, 18.780.130.C; nonresidential development within the MUE zone NOTICE OF T1'PF II DECISION SDR2014(uu003,Retail at Shady lane PAGE 7 OF 26 shall meet the sign requirements of the C-P zone, 18.780.130.D and nonresidential development within the MUR zones shall meet the sign requirements of the C-N zone, 18.780.130.E. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded. No area limit increases will be permitted. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roofline of the wall on which the sign is located. No height increases will be permitted. 4. Signocation. Freestanding signs within the Washington Square regional center shall not be permitted within required L-1 landscape areas. The applicant states that the existing freestanding sign structure will be used with a change of copy,which would not require a sin permit. However the proposed wall sign will be new and will require a sign permit, as conditioned.This standard is met. 18.630.090 Landscaping and Screening Applicable levels. Two levels of landscaping and screening standards are applicable. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in other subsections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. A.L-1 parking lot screen.The L-1 standard applies to setbacks on public streets. The L-1 standard is in addition to other standards in other chapters of this title. The setback shall be a minimum of eight feet between the parking rot and a ublic street. L-1 trees shall be considered parking lot trees and spaced between 30 and 40 feet on center within the setback. All L-1 trees shall be a minimum of 31/2-inch caliper at the time of planting. Shrubs shall be of a variety that will provide a three-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. B. L-2 general landscapin The L-2 standard applies to all other trees and shrubs required by this chapter and Chapter 18.745 (except those required for the L-1 parking lot screen). For trees and shrubs required by Chapter 18.745, the L-2 standard is an additional standard. All L-2 trees shall be 21/2-inch caliper at the time of planting. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. The applicant's Landscape Plan (Sheet L2.3) shows areas of L1 and L2 landscaping. L1 applies along the Shady Lane frontage. The minimum eight foot landscaped setback is provided. However the Red Sunset Maple is specified as a 2" caliper tree and should be 3 ' ". Two rows of Japanese Holly are shown to meet the three-foot high screen and 90% opacity within one year. L2 landscaping requires 2 1/2" caliper trees where the Plant laterial Schedule shows trees specified at 2" caliper.'The landscaping and screening standards have not all been met. The applicant shall submit a revised Landscape Plan showing that the L1 and L2 standards are met. In addition a note shall be placed on the Landscape Plan that calls out the performance requirements for parking lot screening to guide future maintenance. FINDING: As shown in the analysis above, the Washington Square Regional Center Plan District standards have not all been met. However, with the following conditions of approval, these standards can be met. CONDITIONS: • The applicant shall submit a revised Landscape Plan showing that the L1 and L2 standards are met. In addition a note shall be placed on the Landscape Plan that calls out the performance requirements for parking lot screening to guide future maintenance. • Prior to final building inspection, the applicant shall submit a sign permit application for any signs proposed for the development project. NOTICE OF TYPE II DECISION SDR201400003/Retail at Shady Lane PAGE 8 OF 26 C. APPLICABLE SPECIFIC DEVELOPMENT STANDARDS Access,Egress and Circulation (18.705): Section 18.705.030.B requires site plans be presented for approval showing how access requirements are to be fulfilled in accordance with this chapter. The application includes a Site Plan (Sheet C2.1) and Utility Plan (Sheet 2.3) for a proposed conversion of a gas station to a drive-through coffee shop. This requirement is met. Section 18.705.030.D states that all vehicular access and egress ... shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. A driveway directly connected to SW Shady Lane will be widened to a 30-foot width to provide access to the site as shown in the Site Plan (Sheet C2.1). This requirement is met. Walkways: 18.705.030(F) requires that on-site pedestrian walkways comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; As shown in the ap-Dlicant's Site Plan (Sheet C2.1), a 6-foot walkway is provided from the building entrance to the sidewalk. The building is not part of a complex. The best route to the subject site from the neighboring office building is along the existing sidewalk along Shady Lane. This requirement is met. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; As shown in the applicant's Site Plan (Sheet C2.1), a 6-foot scored concrete walkway is provided from the building entrance to the sidewalk. The drive-through aisle and parking lot crossings are 12 feet and 25 feet respectively. This standard is met. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As shown in the applicant's Site Plan (Sheet C2.1), a 6-foot scored concrete walkway is provided from the building entrance to the sidewalk. This standard is met. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of-a vehicle within a street, other than an alley. The applicant's Site Plan (Sheet C2.1) demonstrates that the proposed access drive is designed so that no backup movement is required within the street. This requirement is met. Access Management: Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and/or AASHTO (depending on jurisdiction of facility). An existing driveway widened to a 30-foot width will provide access to the site. The application includes a preliminary sight distance analysis concluding that adequate sight distance is available at the site access. It appears that this standard can be met, but sight distance will need to be verified at final design and after construction to verify that no changes have been made or objects added that would obscure site distance. NOTICI?OF 11PI Il DECISION SDR2014-II11003/Retail at Shady Lane PAGE 9 OF 26 Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. Upon completion of the improvements, the applicant's engineer shall submit a final access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. The applicant shall obtain approval of this report prior to final inspection. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage? the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Greenburg Road is classified as an Arterial in the Tigard Transportation System Plan. The western edge of the driveway is approximately 200 feet from Greenburg Road.-This standard is met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets alon an arterial shalrbe 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. SW Shady Lane is classified as a Neighborhood Route in the Tigard Transportation System Plan. The access proposed is an existing access. The standard does not apply. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.J provides the minimum access requirements for commercial and industrial uses: Table 18.7053 indicates that the required access width for developments with fewer than 100 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The proposed widening of the driveway meets the 30-foot access and provides 26 feet of pavement. The edge of the parking lot is 15 feet from the primary building entry. The minimum access requirements are met. FINDING: As shown in the analysis above, the proposed development meets the applicable Access, Egress and Circulation standards. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible emissions,vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high NOTTCI Or1TPI s Il D1?CTSION SDR2014-00003/Retail at Shady 1,anc PAGE 10 01'26 temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: The proposed eating and drinking establishment use is permitted outright within the MUC zone. Based on the provision of adequate trash and recycling area, and the fact that the proposed use is not likely to generate noise, visible emissions, odors, glare and heat, or harbor insects and rodents, this standard is satisfied. Ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed through the City of Tigard's Code Compliance process. The Environmental Performance Standards are met. Landscaping and Screening (18.745): 18.745.030 General Provisions C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of this chapter have been met or other arrangements have been made and approved by the City such as the posting of a bond. A condition of approval has been added requiring the posting of a bond to guarantee the planting and establishment of required trees. The bond must be posted prior to ground disturbance or the issuance of permits. As conditioned, this standard can be met. 18.745.040 Street Trees A. Street Tree Standards. 1. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Tye II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits. This application is being processed as a Type II site development review. Therefore, street trees are required-,subject to the following standards. 2. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. As shown on the Landscape Planting plan (Sheet L2.3), three new street trees spaced variously 18 to 50 feet apart are proposed along a 159.9-foot frontage on SW Shady Lane. In addition, two existing Ash trees are shown to be preserved as street trees. The standard calculation would require a minimum of-four street trees__(159.9 feet/40 feet = 3.99 trees). Further, three Katsura trees are shown along the 150-foot frontage of SW Greenburg Road spaced 40 feet apart (150/40= 3.75). The proposed Ash tree on the west end of Shady Lane at Greenburg anchors the Greenburg frontage and provides the 4t1' tree as a corner street tree. This standard is met. 3. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. The application includes the Tree Preservation and Removal Plan (Sheet L2.0), Tree Canopy Site Plan (Sheet L2.1) and the Parking Lot and Street Tree Canopy and Soil Volume Plan (L2.2).To ether these plans demonstrate consistency with the street tree planting standards in the Urban Forestry Manual. This requirement is met. 4. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Soil Volume Standards in the Urban Forestry Manual. The application includes the Parking Lot and Street Tree Canopy and Soil Volume Plan (L2.2), which demonstrates consistency with the street tree volume standards in the Urban Forestry Manual. This requirement is met. 5. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting Standards in the Urban Forestry Manual. Street NO"ITCI s OF TYPE 11 DECISION SDR2014-0011113/Retail at Shady Lane PACE 11 OF 26 trees may be planted no more than 6 feet from the right of way according to the Street Tree Planting Standards in the Urban Forestry Manual when planting within the right of way is not practicable. As shown on the Landscape Planting plan (Sheet L2.3), the required street trees are proposed on the subject site but within 6 feet of the right-of-way. This standard is met. 6. An existing tree may be used to meet the street tree standards provided that: a. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; b. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume Standards in the Urban Forestry Manual if it were newly planted; and c. The tree is shown as preserved in the Tree Preservation and Removal site plan per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. The existing trees are within 6 feet of the Shady Lane right of way. The trees would be permitted as street trees as shown on the Parking Lot and Street Tree Canopy and Soil Volume Plan (L2.2), The two existing trees are shown as preserved on the Tree Preservation and Removal Plan. This standard is met. 7. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City's cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required. The applicant proposes providing the required street trees. This standard does not apply. 18.745.050 Buffering and Screening A. General provisions. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. The proposed commercial eating and drinking establishment use is next to an existing commercial office building to the east. No buffering or screening is required per Table 18.745.1. This standard is met. Screening�: Special Provisions: 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. All parking areas, includin parkin spaces and aisles, shall be required to achieve at least 30% tree canopy cover at maturity directly above the parking area in accordance with the parking lot tree canopy standards in the Urban Forestry Manual. As shown in the Landscaping Plan (Sheet L2.3) the proposed 16-space parking lot is screened by the proposed building and perimeter landscaping with a combination of trees, shrubs, and ground cover. The Parking Lot and -Street Tree Canopy and Soil Volume Plan (L2.2), shows four (4) Sunset Maple trees with mature tree canopy area directly over the parking lot of 2,632 square feet. The paring lot total is 6,427 square feet, resulting in a 40.9% canopy coverage, which meets the 30% minimum canopy cover for commercial zones. These standards are met. Screening of Service Facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; The applicant's narrative states that outside of the refuse disposal area (addressed below), there are no other service facilities that would be visible from the public streets or parking areas. This standard is met. Screening of Refuse Containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which NOTICE OF'FWD 11 DECISION SDR20 1 4-011111 13/Retail at Shady lane PAGE 12 OF 26 would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. As shown in the Trash/Site Plan the 10 foot by 20-foot trash enclosure is contained by a 6-foot high CNIU wall with opaque metal gates. This standard is met. FINDING: Based on the analysis above, the landscaping and screening standards are met. Mixed Solid Waste and Recyclables Storage (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick- up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. The aaplicant chose the minimum standards method to demonstrate compliance with these standards and provides evidence in the narrative and plan set that the proposal meets the minimum 30 square foot requirement with a 200 square foot trash enclosure. This standardpis met. Location Standards. To encourage its use, the storage area for source-separated recyclables shall be co-located with the storage area for residual mixed solid waste; Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. As shown on the applicant's Site Plan (Sheet C2.1), the refuse enclosure is accessed from the parking lot and is visible in order to enhance security for users. The proposed refuse enclosure will not occupy any required parking stalls and adequate screening will be achieved through a combination of screening walls and landscaping (Sheet L2.3). The proposed location is setback 5 feet from the east property boundary and 70 feet from the Shady Lane front lot-line. The side yard setback is 0 feet and the front and setback is a minimum of 0 feet with a 10-foot maximum. The location is not within a required setback. However,it is located in a yard adjacent to a public street. Staff, the applicant's architect, and Pride Disposal spent considerable time exploring alternatives to meet the standard. The proposed location meets the applicant's functional needs and Pride Disposal's service and access requirements. Given the nature of the existing development, the location is in substantial compliance. This standard is met. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. As shown on the applicant's Site Plan (Sheet C2.1), and identified in the Pride service rovider letter dated May 12, 2014, the proposed storage area substantially meets the design criteria. The Pride letter does identify specific design features that are shown on the Trash Site Plan. The design standards are met. Access Standards. The storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service; storage areas shall be designed to be easily accessible to collection trucks and equipment, considering NOTnCI:OF"ITPE 11 DECISION SDR22014-00003/Retail at Shady Lane PAG 1113 OF 25 paving, grade and vehicle access; a minimum of 10 feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered; storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. As shown on the applicant's Site Plan (Sheet C2.1) and Trash/Site Plan, and identified in the Pride service provider letter dated May 5, 2014, the proposed storage area is accessible for pick up by Pride Disposal. The access standards are met. FINDING: Based on the analysis above, the applicant has provided evidence of compliance with the Mixed Solid Waste and Recyclables Storage standards. These standards are met. 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 500 feet from the buildin 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. The proposed 16 surface parking spaces are located adjacent and within 500 feet of the existing building. One of the spaces is ADA accessible with the remaining being short-term spaces. The locationaL standards are met. Joint Parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a oint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking is not proposed with this application; therefore this standard is not applicable. 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's Site Plan (Sheet C2.1) shows there is one ADA handicap space provided. According to ORS 447.233,incorporated through reference to the International Building Code (IBC) 1 space is required for less ADA 25 spaces. Final determination of the number of required AA s aces will be made by the building official during the review of the building permit application. This standard is met. General Design Standards 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 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. The proposed access drive is consistent with the number (1) and size (30 feet/24 feet between curbs) required in Chapter 18.705, is clearly marked, and provides ample room to facilitate a forward entrance onto the public street. Visual clearance areas are shown on the applicant's Landscape Plan (Sheet L2.3)). The access drive standards are met. On-site vehicle stacking for drive-in use. All uses providing drive-in services as defined by this title shall provide on the same site a stacking Lane for inbound vehicles as noted in Table 18.765.1. NOTICI OF'1YPh.11 DECISION SDR2014-(8)003/Retail at Shady 1,ane PAGE 14 OF 26 Table 18.765.1 requires a 200-foot stacking lane for drive-in restaurants. TDC 18.120.030(73) defines "Drive-through facility" as a facility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site. The proposed addition to the existing building is for the purposes of adding a drive-through window for the anticipated coffee shop use. As shown on the Site Plan (Sheet C2.1) a 200-foot stacking lane is provided. This standard is met. Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.7O5.O3O.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. Pedestrian access through parking lots is addressed in findings for Section 18.7O5.03O.F. There are no drop-off grade separated areas within the parking area. This standards is met. 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 Site Plan (Sheet C2.1) shows the parking spaces will be clearly marked with striping. Directional arrows or other directional signage does not appear to address the cross traffic that can be anticipated between queue entering and queue exiting cars. The narking lot striping standards are not met. A condition shall require the applicant to submit a revised site plan showing the direction of parking lot traffic flow to maintain vehicular and pedestrian safety. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. The applicant's Landscape Plan (Sheet L2.3) shows landscaping required by Chapter 18.745 and additionally by Chapter 18-.630 for the Washington Square Regional Center Plan. This standard is met. Parking space surfacing. Except for single-famil y and duplex residences, and for temporary uses or fleet storage areas as authorized in paragraphs 3 and 4 of this subsection H, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, concrete, or pervious paving surfaces. Any pervious paving surface must be designed and maintained to remain well- drained. The proposed re-development of the existing building and parking lot includes demolition of an existing canopy from the prior gas station use and a net reduction rn aving of approximately 4,000 square feet (Sheet C1.0). The parking and drive aisles are shown to be paved. This standard is met. Wheel Stops: Parkin 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 Site Plan (Sheet C2.1) shows that parking spaces will contain a curbed wheel stop or have designated overhang space. The parking proposed along the eastern boundary shows three spaces without wheel stops to accommodate refuse collection from the adjacent trash enclosure as determined by the siting and servicing discussions between the applicant and Pride Disposal. The site's landscaping is well in excess of the 15% minimum, so overhang parking for these three spaces will meet the standard. This standard is met. Space and Aisle Dimensions: Section 18.765.O4O.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. No more than 50% of the required spaces may be compact spaces. The Site Plan (Sheet C2.1) shows 15 standard spaces measuring at least 8.5 feet feet by 18.5 feet and one ADA compliant space. Aisles are 26 feet in width. The space and aisle dimensions standards are met. NOTICE OF TYPE 11 DECISION SDR20I4-O(ii)3/Retail at Shady Lane PAGE 15 OF 26 Bicycle Parking Location and Access: Section 18.76550.A states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to locate the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. As shown in the applicant's Site Plan (Sheet C2.1), two bicycle spaces are provided within 30 feet of the primary entrances to the building. This standard is met. Covered Parking Spaces: When possible, bicycle parking facilities should be provided under cover. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than ■ 0 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. According to the applicant's site plan (Sheet C2.1) the two parking spaces are not covered. Although covered parking is encouraged,it is not required. This standard is met. Bicycle Parking Design Requirements: Section 18.765.-050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and when covered,with a vertical clearance of seven feet. An access aisle of at least five feet wide shad be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parkking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. According to the applicant's site plan (Sheet C2.1) the two parking spaces in the outdoor plaza area meet the applicable design standards. These standards are met. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. According to Table 18.765.2 of the Tigard Development Code, the minimum bicycle-parking requirement for an eating and drinking establishment use is 1.0 space per 1,000 gross square feet. Based on the pro osed 2,056 square foot building, a minimum of 2 bicycle parking spaces is required. The proposed Site Han (Sheet C2.1) shows 2 bike parking spaces. This standard is met. 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. As shown on the Site Plan (Sheet C2.1), there are 16 total parking stalls provided on-site with one being ADA accessible. The proposed parking would be sufficient to meet the minimum requirements for the proposed use (2,056 sf. x 7p0 spaces/1000 sf. = 14.39 spaces). This standard is met. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square-feet or more. The proposed building will be 2,056 square feet. Therefore this standard does not apply. FINDING: Based on the analysis above, the off-street parking standards have not been fully met; however,with compliance with the following condition, these standards can be met. NOTICE OF TYPE II DECISION SDR2U14000U3/Retail at Shady Lane P_1GE 16 OF 26 CONDITION: • The ap-Dlicant shall submit a revised site plan showing the direction of parking lot traffic -:low to maintain vehicular and pedestrian safety such as signage to direct vehicles to drive-through entry and prevent vehicles entering exit lane of drive-through. Urban Forestry Plan (18.790): 18.790.030 Urban Forestry Plan Requirements A. Urban Forestry Plan Requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the roject landscape architect) or a person that is both a certified arborist and tree risk assessor the project arborist), except for Minor Land Partitions that can demonstrate compliance with of ective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Meet the Tree Preservation and Removal Site Plan standards in the Urban Forestry Manual; 3. Meet the Tree Canopy Site Plan standards in the Urban Forestry Manual; and 4. Meet the Supplemental Report standards in the Urban Forestry Manual. The application includes the Tree Preservation and Removal Plan (Sheet L2.0), Tree Canopy Site Plan (Sheet L2.1) and the Parking Lot and Street Tree Canopy and Soil Volume Plan (L2.2). The applicant did not submit a supplemental arborist report but has included the required information on the plan sheets, which have been prepared by a registered Landscape Architect. As demonstrated in these plans, the urban forestry plan requirements are met. 18.790.060 Urban Forestry Plan Implementation A. General Provisions. An urban forestry plan shall be in effect from the point of land use approval until the director determines all applicable urban forestry plan conditions of approval and code requirements have been met. For subdivisions and partitions, the urban forestry plan shall remain in effect for each resulting lot or tract separately until the director determines all applicable urban forestry plan conditions of approval and code requirements have been met. Prior and subsequent permitting decisions regarding the planting, maintenance, removal and replacement of trees when not associated with one of the land use review types in Section 18.790.020.A shall be administered through Title 8 (Urban Forestry) of the Tigard Municipal Code. Procedures for ensuring compliance with the urban forestry plan and supplemental report is set forth in Sectionll (Urban Forestry Plan Implementation Standards) of the Urban Forestry Manual. Compliance Section 11 will be ensured through conditions of approval, as discussed below. B. Inspections. Implementation of the urban forestry plan shall be inspected, documented and reported by the project arborist or landscape architect whenever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the director for the purpose of monitoring the urban forestry plan on any site with an effective urban forestry plan. The Inspection Requirements in the Urban Forestry Manual shall apply to sites with an effective urban forestry plan. Inspection requirements are set forth in Part 1 of Section 11 of the Urban Forestry Manual. In order to ensure compliance with inspection requirements during all site development and building permit phases of this subdivision application, the applicant shall be subject to conditions of approval consistent with the procedures and timing set forth in Part 1 of Section 11 of the Urban Forestry Manual. As conditioned, this standard will be met. C. Tree Establishment. The establishment of all trees shown to be pplanted in the Tree Canopy Site Plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a previously approved urban forestry plan shall be guaranteed and required according to the Tree Establishment Requirements in the Urban Forestry Manual. Tree establishment requirements are set forth in Part 2 of Section 11 of the Urban Forestry Manual. In order to ensure compliance with tree establishment requirements throughout all stages of the site development and building process, conditions of approval are being applied consistent with the procedures and timing set forth in Part 2 of Section 11 of the Urban Forestry Manual. As conditioned, this standard will be met. D. Urban Forest Inventory. Spatial and species specific data shall be collected according to the Urban Forestry Inventory Requirements in the Urban Forestry Manual for each open grown tree NOT1C1.OF'I'YPE,II DECISION SDR2O140110113/Retal at Shady Lane PAGE 17 OF 26 and area of stand grown trees in the Tree Canopy Site Plan (per 18.790.030.A.3) and Supplemental Report(per 18.790.030.A.4) of a previously approved urban forestry plan. Urban Forest Inventory requirements are set forth in Part 3 of Section 11 of the Urban Forestry Manual. In order to ensure compliance with inventory requirements throughout all stages of the site development and building process, conditions of approval are being applied consistent with the procedures and timing set forth in Part 3 of Section 11 of the urban Forestry Manual. As conditioned, this standard will be met. FINDING: As shown in the analysis above, the applicable provisions of the Urban Forestry Plan have been met. Plan implementation will-be ensured through the following conditions of approval. CONDITIONS: • Prior to site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. • The project arborist shall perform bimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection. • Prior to site work, the applicant shall provide a tree establishment bond for all trees to be planted per the approved urban forestry plan. The total bond amount shall be equivalent to the city's average cost to plant and maintain a tree per the applicable standards in the Urban Forestry Manual for a period of two years after planting multiplied by the total number of trees to be planted and maintained.' • Prior to site work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan. • Prior to final building inspection, the project arborist shall perform a site inspection, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval to the city manager or designee. • Following final building inspection the tree establishment period shall immediately begin and continue for a period of two years. 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 shaif contain no vehicle, hedge, plantin 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 visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided 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. FINDING: The applicant has indicated in the narrative and shown on the Landscape Plan (Sheet L2.3) that a clear vision area will be maintained between 3 and 8 feet in height at the vehicular access of the property.This standard is met. NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 18 OF 26 D. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section 18.360.090.A through 18.360.090.N provides additional Site Development Review approval standards not necessarily covered by the rovisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: C. Exterior elevations,E. Private outdoor area—Multifamily use, F. Shared outdoor recreation areas—Multifamily use, and G. Development for a nonresidential use adjacent to the 100- year floodplain. The following sections were discussed elsewhere in this decision and, therefore,are not addressed again in this section: K. Landscaping,L. Drainage, and M. Provision for the disabled. A. Compliance with all of the applicable requirements of this title, including Chapter 18.810, Street and Utility Standards; The findings in this decision provide basis for compliance with all of the applicable requirements of this title,including Chapter 18.810. This standard is met. B. Relationship to the natural and physical environment—Nonresidential development. 1. Buildings shall be: a. Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; b. Located in areas not subject to ground slumping or sliding; c. Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and d. Oriented with consideration for sun and wind. The subject site is level, fully developed, and surrounded on three sides by roads. The proposed re- development of the site and existing building preclude siting options with respect to the items listed. This standard is met 2. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3 and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include, but are not limited to the following: a. Water quality facilities (for infiltration, retention, detention and/or treatment); b. Pervious pavement; c. Soil amendment; d. Roof runoff controls; e. Fencing to guide animals toward safe passageways; f. Re-directed outdoor lighting to reduce spill-off into habitat areas; g. Preservation of existing vegetative and canopy cover. The proposed re-development provides limited opportunities for reducing impacts to site hydrology, but does include water quality catch basins for storm water treatment, overall reduction in impervious surfaces from 82°% to 68°%o, and planting street and parking lot trees to increase vegetative cover. This standard is met. D. Buffering, screening and compatibility between adjoining uses—Nonresidential development. 1. Nonresidential development shall provide buffering between different types of landuses- for example, between commercial and industrial uses and residential and commercial uses—and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: a. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; b. The size of the buffer required to achieve the purpose in terms of width and height; c. The direction(s) from which buffering is needed; d. The required density of the buffering; and e. Whether the viewer is stationary or mobile. The proposed re-development of an existing commercial building is compatible with the adjacent commercial office building. Buffering is not required. 2. On-site screening from view from adjoining properties of such things as service areas, storage areas, parkin lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be shall and the following factors will be considered in determining the adequacy of the type and extent of the screening: NO11CI?Oh TYPE II DECISION SDR201409093jRZetail at Shady bane PAGI'.19 Oh 26 a. What needs to be screened; b. The direction from which it is needed; c. How dense the screen needs to be; d. Whether the viewer is stationary or mobile; and e. Whether the screening needs to be year around. Screening of utilities and parking areas is addressed in the findings for Chapter 18.745. This standard is met. H. Demarcation of public, semi-public and private spaces for crime prevention—Nonresidential development. 1. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and 2. These areas may be defined by, but not limited to: a. A deck,patio, low wall, hedge, or draping vine, b. A trellis or arbor, c. A change in elevation or grade, d. A change in the texture of the path material, e. Sign or f. Landscaping. The site is designed for public access which is clearly defined by the parking lot, drive-through, and 18' x 47' foot plaza fronting the building. The Tigard Police Department has reviewed the proposal and has no objection to it. This standard is met. I. Crime prevention and safety—Nonresidential development. 1. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; 2. Interior service areas shall be located in a way that they can be observed by others; 3. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; 4. The exterior lighting levels shad be selected and the angles shall be oriented towards areas vulnerable to crime; and 5. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt rade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. The roposed re-development of the existing building includes windows and doors on three sides of the building limiting areas that may be vulnerable to crime. Outdoor lighting of the site is provided by two pole lights, building lighting anc existing right of way lighting on SW Shady Lane. This standard is met. J. Public transit. 1. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; 2. The requirements for transit facilities shall be based on: a. The location of other transit facilities in the area, and b. The size and type of the proposal; 3. The following facilities may be required after city and Tri-Met review: a. Bus stop shelters, b. Turnouts for buses, and c. Connecting paths to the shelters. Existing bus stops for bus lines 76 and 78 are within 400 feet of the subject site on SW Greenburg Road. However, the proposal's impact is not significantly different than the prior use (Transportation Impact Analysis) and, therefore,would not warrant public transit improvements. This standard is met. N. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title; e.g., Planned Developments, Chapter 18.350, or a variance or adjustment granted under Chapter 18.370. The applicant has not requested planned development review or any variances or adjustments. Therefore, all of the provisions and regulations fo the underlying zone shall apply. As shown in the findings for this decision, all of the provisions and regulations of the underlying zone have been met or are otherwise conditioned.This standard is met. FINDING: Based on the analysis above, the applicable Specific Site Development Review Approval Standards are met. NOTICE Oh TYPl s II DECISION SDR2O14-00003/Retail at Shady Lane PAGE 20 00 26 E. STREET AND UTILITY IMPROVEMENTS STANDARDS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width lanned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.620.080.A, Tigard Triangle Street and Accessway Standards, requires a Neighborhood Route street to have a 60-foot right-of-way width and 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. No streets within the development are proposed. SW Shady Lane is a Neighborhood Route improved with an existing 8-foot sidewalk within a 60-foot right-of- way. This standard is met. Street Alignment and Connections: Section 18.630.040 and 18.810.030.H.1 state that full street connections with spacing of no more than 530 feet between connections is required. Exceptions can be made where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Additional street connections in this area are precluded by Highway 217 to the north, Greenburg Road to the west, and existing development on adjacent property to the east. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with rades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The existing grades along the Shady Lane frontage are less than 10%. No grade changes are proposed to these streets. This standard is met. Traffic Study: Section 18.810.030.CC requires a traffic study for development proposals meeting certain criteria. The application includes a June 4, 2014, traffic study with July 1, 2014 supplement prepared by Brent Ahrend, P.E. of Group Mackenzie evaluating the intersection of SW Greenburg Road and Shady Lane and the site access at Shady Lane. The study found that the westbound left turn movement from Shady Lane to Greenburg Road currently experiences delays and a Level-of-Service (LOS) F. These delays are calculated to increase significantly with the addition of site trips, especially in the busier AM peak hour, when the left turn volume is calculated to approach capacity. Observations of the existing left turn movements noted that, in current traffic conditions, traffic queues from nearby signalized intersections regularly extend across the intersection of Greenburg Road with Shady Lane. These issues — the long delays faced by left-turners, the scarcity of gaps for making left turns, and that they would often be crossing through queues of waiting traffic — raise concerns about public safety at this location if the proposed development is constructed and these concerns are not mitigated. As each of these issues involves traffic turning left from Shady Lane onto Greenburg Road or turning left from the frontage road (opposite Shady Lane) onto Greenburg Road, these issues can be mitigated by prohibiting these left turns. NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGI?21 OF 26 The initial traffic study was prepared with the assumption that another development northwest of Greenburg Road will be constructing a `pork-chop' center island in the frontage road opposite Shady Lane that will physically prohibit straight-across and left-turning movements from the frontage road. This change is anticipated to improve traffic flow at this intersection. Based on review of the observations and calculations provided in this supplemental analysis, the need for these turn restrictions would exist if the Shady Ln retail development is constructed but the iFly development is not constructed. Prior to any work on site, the applicant shall obtain city approval of plans to construct measures (such as a center island in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to issuance of an occupancy permit, the applicant shall obtain city approval of constructed measures (such as a center island in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to any work on site, the applicant shall obtain city and county approval of plans to construct measures (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer, but plans must be approved prior to construction work on this site. Prior to issuance of an occupancy permit, city and county approval shall be obtained of measures constructed (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but must be in place prior to issuance of an occupancy permit. This standard can be met by condition. Easements: Section 18.810.050 states that easements for sewers, drainage,water mains, electric lines, or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway,there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. Section 18.810.050.B states that a property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for mainline easements shall-be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The site is fully served by existing utilities. No easements are required. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. An 8-foot wide sidewalk is along the SW Greenburg Road and Shady Lane frontages. This standard is met. Section 18.810.070.B states that if there is an existing sidewalk on the same side of the street as the development within 300 feet in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality. An existing sidewalk is along the SW Greenburg Road and Shady Lane frontages of the entire block. No additional sidewalks are required. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted NOTICE OF TYPE,II DECISION SDR2014-00003/Retail at Shady Lane PAGE 22 OF 26 policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. An existing sewer will continue to serve the site. No other sewer or sewer extension is required. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. The site will continue to drain to catch basins at the southeast and southwest corner of the parking lot and directly discharge to the storm drain in SW Shady Lane. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is no upstream drainage. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The impervious area of the site will be reduced from 83% to 69% so provision for additional runoff is not required. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the opposite side of SW Shady Lane. Payment of a fee in- lieu of undergrounding the utilities is required and estimated at$5,600. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Nom:OF TYPE 11 DECISION SDR201400003i Retail at Shady Lane PAGE 23 OF 26 Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20)which require the construction of on-site water quality facilities. The facilities shall be designed in accordance with the CWS Design and Construction Standards for Sanitary Sewer and Surface Water Management and shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The two existing catch basins are proposed to be replaced with Contech Storm Filter Catch Basins to meet the water quality standards for a redeveloped site. In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces of more than 1,000 s uare feet provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention, but a fee-in-lieu would be required. The impervious area of the site will be reduced from 83% to 69% so detention is not required. Fire and Life Safety: The applicant shall provide approval from Tualatin Valley Fire & Rescue (TVF&R) for access and hydrant location prior to any work on site. Public Water System: Tualatin Valley Water District (lA'WD) provides service in this area. The application includes a service provider letter from TV'X'D stating that adequate capacity is available to provide service to the proposed development. Prior to any work on site the applicant shall provide documented approval from the Tualatin Valley Water District (T�'WD) of the design of water service to the site. TV"('D approval of construction shall be obtained prior to final inspection. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant shall meet the requirements of the Federal Clean Water Act regarding National Pollutant Discharge Elimination System (NPDES) erosion control permits that may be needed for this project. The applicant shall follow all applicable requirements regarding erosion control, particularly those of the Federal Clean Water Act, State of Oregon, Clean Water e>vices, and City of Tigard including obtaining and abiding by the conditions of NPDES 1200-C or 1200-C-N permits as applicable. From the size of the anticipated-disturbed area,it appears that a 1200-C will be necessary. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site rivate utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to any work on site and prior to issuance of the building permit. F. IMPACT STUDY Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 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 standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. NOTICE OF'IYPI?11 DECISION SDR201400003,'Retail at Shady Lane PAGE 24 01'26 In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has provided an impact study addressing the project's impacts on public systems. The City's Development Review Engineer has determined that Shady Lane is built to standard and that no other dedication is required for it or other adjacent streets. The Transportation Development Tax (TDT) is a mitigation measure required for new development and will be paid at the time of building permits. Based on Washington County implementation figures for 2014/2015, TDTs are expected to recapture approximately 27.0 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the proposed eating and drinking establishment use, the applicant is required to pay estimated TDT's of approximately $9,455. Final TDT payment will be assessed at time of building permit submittal. Based on the estimate that total TDT fees cover 27.0 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this project's traffic impact is $35,018, of which $25,563 is unmitigated impact. The difference between the TDT paid and the full impact, is considered as unmitigated impact. Estimated Value of Impacts Full Impact $35,018 Less TDT Assessment - 9,455 Left Turn Prohibition Mitigation Measures 8,000 Estimated Value of Unmitigated Impacts $17,563 FINDING: As shown in the above calculation, the estimated cost of public facility improvements and TDT is approximately one half the full impact of the development, which is, therefore, roughly proportional. SECTION VII. OTHER STAFF COMMENTS The Tigard Development Review Engineer has provided comments on street and utility issues, which have been incorporated into the findings of this decision under Chapters 18.630, 18.705 and 18.810 and are also included as an attachment to this decision (Exhibit C). The Tigard Building Official commented that building code issues will be addressed at the time of building plans review. The Tigard Public Works Department has reviewed the proposal but did not provide comment. The Tigard Police Department has reviewed the proposal and has no objection to it. SECTION VIII. AGENCY COMMENTS Washington County and ODOT were notified of the subject proposal but did not comment. Clean Water Services has reviewed the proposal and provided a general comment letter dated September 4, 2014 requiring storm water connection permit authorization prior to any work on site addressing sanitary sewer, storm drainage and water quality, sensitive areas, and erosion control issues. These issues are addressed within the body of the application and reviewed in this decision under the applicable standards of the Street and Utility Improvement section. In addition, CWS issued a Service Provider Letter (14-000994) which found that the project will not significantly impact sensitive areas found near the site. Tualatin Valley Fire and Rescue (TVF&R), John Wolf (503-259-1504), commented that Tualatin Valley Fire &Rescue approves the proposal. NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 25 OF 26 Exhibits: Exhibit A: Vicinity Map Exhibit B: Site Plan Exhibit C: Development Review Engineering Memo, dated October 27, 2014 SECTION IX. 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 OCTOBER 29,2014 AND BECOMES EFFECTIVE ON NOVEMBER 18,2014 UNLESS AN APPEAL IS FILED. Appeal: 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 4:00 PM ON NOVEMBER 17,2014. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. �^'�-� October 29,2014 PREPARED By: ! Ga *Pagenstecher DA'Z'E Associate Planner October 29,2014 APPROVED BY: Ton?Mc uire DATE Assistant Community Development Director is\curpin\gait'\site development review\sdr2014-00003(Retail at Shady Lane)\sdr2014-00003 decision.doc NOTICE OF TYPE II DECISION SDR2014-00003/Retail at Shady Lane PAGE 26 OF 26 VICINITY MAP OAK ST J SDR2014-00003 Retail at Shady Lane �- / 9600 Coffee Shop Drive-Through 9600 9600 9600 9600 — 2" 9600 9600 9600 9600 9600 9600 9600 10645 9600 Subject Site Erg"r:;:i 10655 Q--- lap #.4 Tr/ 10763 4 , .' 10763 i rr-►,. �1 © , 10763 i j 10765 lV4, I1•U••UN 9735 9735 =silk� I , 9735 , . 1 � ` Q- As•Rw m■•■ 9735 ��' 10050 �? ■•■•■•••• 9735 ••••••••• 9735 9735 ■■■■11■■■■ 10775 SHADY LN 9800980 Information on this map is for general location 9004 9780 only and should be verified with the 9780 9770 9730 Development Services Division. ■ Approx.Scale 1:2,000-1 In=167 ft 9780 Map printed at 08:00 AM on 18-Oct-14 9780 DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MAKES N T WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE 10830 10 855 THE DATA PROVI ED IYiETRIEI Val CITY OFF GARD SHALL SSUME NO LIABILITY FOR ANY ERRORS.OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. rri 10875 Feet p 13125ySW Hall Blvd iEsi 0 25G 10895 TIGARMItPS Tigard,OR 97223 503 639-4171 1 ' I--I IIIMMI Www.tigard-or.gov TIGARD 9655 M . / Architecture•Interiors /, Planning•Engineering / KEYNOTES Q / I. 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El P RETAIL /�/ t ,�c,':.-"S' ��i... © Po.� 23.BUMPER OVERHANG AT SHADY 4� f N�il' •4., T•LP.4 LANE / ®5 ,� W 6• °f ® .0NOgUDY LANE ■ h® Al ®� I: / Asa m ,4'} CO ® ® m �» as , m mil////•12 II • ��®®' 3W z LL `'< ER. _ R_.�l�J�a I EXPIRE:1zTEI�IS R®SW SHADY LANE© Q • # 0.2 4,4. � /- ® A --_ REVISIONS, 1V N. o maw. ./ Q SITE PLAN SHEET AmA: / ' ® .ten W� SITE PLAN 99 0 '9 =e(Po,„,)p 1 e�A-Ron rii CURB RADIUS SITE DATA PARKING DATA AU.CURB RAM ARE 3.0'UNLESS OTHERWISE INDICATED REWIN SEAR PARKING ` MEW SITE AREA =19,313 SF 0.41 AC PA ITP BLDG PARKING WIRED u DRAIN BY:REF ed ACES A- EG1 5.113ARD 15 A 2.OSfi l 1.000) 14.4 N•N CHECKED BOO TOTAL LANDSCAPE AREA - 6.056 SF (31.3X) TOTAL BUILDING AREA 2,0%SF (10.65) COMPACT 0 REpUWEO BICYCLE PARKING -3 SNEER TOTAL DRIVE ISLE/PARKING AREA -11.233 SF (50.1X) ACCE5M6LE i AL01 AREA I1 00O)SPAAlK m M+•1 TOTAL I6 (1/1. W /� PROPOSED IMPERVIOUS AREA -13.259 SF (66.7X] C2.1 EXISTING IMPERVIOUS SURFACES 4 163113 SF (B2.770 EXISTING BUILDING 4 2.015 SF EXISTING PARKIAO/DOVT ISLE °13,890 SF JOB NO. 2130043.15 SITE DEVELOPMENT REVIEW: 6-3-14 EXHIBIT C 1,1 It City of Tigard TIGARD Memorandum To: Gary Pagenstecher, Associate Planner From: Greg Berry, Project Engineer Mike McCarthy, Sr. Project Engineer Re: SDR 2014-03; Shady Ln Retail Date: October 27, 2014 (Revised) Access Management (Section 18.705) Section 18.705.030.B requires site plans be presented for approval showing how access requirements are to be fulfilled in accordance with this chapter. The application includes a site and utility plan for a proposed conversion of a gas station to a drive- through coffee shop. Section 18.705.030.D states that all vehicular access and egress ... shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. A driveway directly connected to SW Shady Ln. will be widened to a 30-foot width to provide access to the site. This standard is met. Section 18.705.F Required walkways PLANNING Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and/or AASHTO (depending on jurisdiction of facility). An existing driveway widened to a 30-foot width will provide access to the site. The application includes a preliminary sight distance analysis concluding that adequate sight distance is available at the site access. It appears that this standard can be met,but sight distance will need to be verified at final design and after construction to verify that no changes have been made or objects added that would obscure Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. Upon completion of the improvements, the applicant's engineer shall submit a final access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. The applicant shall obtain approval of this report prior to final inspection. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Greenburg Road is classified as an Arterial in the Tigard Transportation System Plan. The driveway is more than 150 feet from Greenburg Road so this standard is met. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. SW Shady Lane is classified as a Neighborhood Route in the Tigard Transportation System Plan. The standard is met. Section 18.705.030.J includes minimum access requirements for commercial and industrial use. For commercial or industrial developments for which less than 100 parking spaces are required, the minimum access width is a 24-foot wide paved section with curbs within a 30-foot easement width. The proposed widening of the driveway would meet or exceed this standard for access. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030E requires a Neighborhood Route without bike to have at least a 54-foot right-of-way width and 32-foot paved section (if parking on both sides) with sidewalks 5-feet wide (if separated from the street by planter strips) or 6-feet wide (if curb-tight), street lights, storm drainage, and underground utilities. No streets within the development are proposed. SW Shady Lane is a Neighborhood Route improved with an existing 8-foot sidewalk within a 60-foot right-of-way. This standard is met. Street Alignment and Connections: Section 18.630.040 and 18.810.030.H.1 state that full street connections with spacing of no more than 530 feet between connections is required. Exceptions can be made where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Additional street connections in this area are precluded by Highway 217 to the north, Greenburg Road to the west, and existing development on adjacent property to the east. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The existing grades along the Shady Lane frontage are less than 10%. No grade changes are proposed to these streets. This standard is met. Traffic Study: Section 18.810.030.CC Requires a traffic study for development proposals meeting certain criteria. The application includes a June 4, 2014, traffic study with July 1, 2014 supplement prepared by Brent Ahrend, P.E. of Group Mackenzie evaluating the intersection of SW Greenburg Road and Shady Lane and the site access at Shady Lane. The study found that the westbound left turn movement from Shady Lane to Greenburg Road currently experiences delays and a Level-of-Service (LOS) F. These delays are calculated to increase significantly with the addition of site trips, especially in the busier AM peak hour,when the left turn volume is calculated to approach capacity. Observations of the existing left turn movements noted that, in current traffic conditions, traffic queues from nearby signalized intersections regularly extend across the intersection of Greenburg Road with Shady Lane. These issues—the long delays faced by left-turners, the scarcity of gaps for making left turns, and that they would often be crossing through queues of waiting traffic—raise concerns about public safety at this location if the proposed development is constructed and these concerns are not mitigated. As each of these issues involves traffic turning left from Shady Lane onto Greenburg Road or turning left from the frontage road (opposite Shady Lane) onto Greenburg Road, these issues can be mitigated by prohibiting these left turns. The initial traffic study was prepared with the assumption that another development northwest of Greenburg Road will be constructing a `pork-chop' center island in the frontage road opposite Shady Lane that will physically prohibit straight-across and left-turning movements from the frontage road. This change is anticipated to improve traffic flow at this intersection. Based on review of the observations and calculations provided in this supplemental analysis, the need for these turn restrictions would exist if the Shady Ln retail development is constructed but the the iFly development is not constructed. Prior to any work on site,the applicant shall obtain city approval of plans to construct measures (such as a center island in Shady Lane or raised median in Greenburg Road)that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to issuance of an occupancy permit,the applicant shall obtain city approval of constructed measures (such as a center island in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to any work on site,the applicant shall obtain city and county approval of plans to construct measures (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but plans must be approved prior to construction work on this site. Prior to issuance of an occupancy permit,city and county approval shall be obtained of measures constructed (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but must be in place prior to issuance of an occupancy permit. This standard can be met by condition. Block Designs - Section 18.810.040.A states that the length,width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: • Where street location is precluded by natural topography,wetlands or other bodies of water or,pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. Additional street connections in this area are precluded by Highway 217 to the north, Greenburg Road to the west, and existing development on adjacent property to the east. Easements: Section 18.810.050 states that easements for sewers, drainage,water mains, electric lines, or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. Section 18.810.050.B states that a property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for mainline easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The site is fully served by existing utilities. No easements are required. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards along at least one side of industrial streets. An 8-foot wide sidewalk is along the SW Greenburg Road and Shady Lane frontages. This standard is met. Section 18.810.070.B states that if there is an existing sidewalk on the same side of the street as the development within 300 feet in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality. An existing sidewalk is along the SW Greenburg Road and Shady Lane frontages of the entire block. No additional sidewalks are required. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Sewer Plan approval: Section 18.810.090.B requires that the applicant obtain City Engineer approval of all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. An existing sewer will continue to serve the site. No other sewer or sewer extension is required. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. The site will continue to drain to catch basins at the southeast and southwest corner of the parking lot and directly discharge to the storm drain in SW Shady Lane. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is no upstream drainage. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2007 and including any future revisions or amendments). The impervious area of the site will be reduced from 83% to 69% so provision for additional runoff is not required. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed in accordance with the CWS Design and Construction Standards for Sanitary Sewer and Surface Water Management and shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The two existing catch basins are proposed to be replaced with Contech Storm Filter Catch Basins to meet the water quality standards for a redeveloped site. In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces of more than 1,000 square feet provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention, but a fee-in-lieu would be required. The impervious area of the site will be reduced from 83% to 69% so detention is not required. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the opposite side of SW Shady Lane. Payment of a fee in-lieu of undergrounding the utilities is required and estimated at$5,600. Fire and Life Safety: The applicant shall provide approval from Tualatin Valley Fire &Rescue (TVF&R) for access and hydrant location prior to any work on site. Public Water System: Tualatin Valley Water District (TVWD) provides service in this area. The application includes a service provider letter from TVWD stating that adequate capacity is available to provide service to the proposed development. Prior to any work on site the applicant shall provide documented approval from the Tualatin Valley Water District (TVWD) of the design of water service to the site. TVWD approval of construction shall be obtained prior to final inspection. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction,grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant shall meet the requirements of the Federal Clean Water Act regarding National Pollutant Discharge Elimination System (NPDES) erosion control permits that may be needed for this project. The applicant shall follow all applicable requirements regarding erosion control,particularly those of the Federal Clean Water Act, State of Oregon, Clean Water Services, and City of Tigard including obtaining and abiding by the conditions of NPDES 1200-C or 1200-C-N permits as applicable. From the size of the anticipated disturbed area,it appears that only a city erosion control permit will be necessary. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to any work on site and prior to issuance of the building permit. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ANY WORK ON SITE: Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @ tgard-or.gov) for review and approval: Prior to issuance of building permits, a Public Facility Improvement (PFI) permit is required for this project to cover street improvements, public utility issues, and any other work in the public right-of-way. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee". Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. Prior to any work on site,the applicant shall obtain city approval of plans to construct measures (such as a center island in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to any work on site,the applicant shall obtain city and county approval of plans to construct measures (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but plans must be approved prior to construction work on this site. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition (and any subsequent versions or updates)." Prior to issuance of building permits,the applicant shall obtain all permits and service provider letters necessary from all appropriate agencies (such as Washington County, Tualatin Valley Water Department and Clean Water Services) for all work to be done on site. Prior to issuance of building permits, the applicant shall obtain approval from Tualatin Valley Fire and Rescue. Prior to any ground disturbance on the site the applicant shall obtain an erosion control permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. Prior to issuance of building permits, the applicant shall obtain city and CWS approval of plans for the construction of the stormwater treatment facilities. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT: Submit to the Engineering Department (Greg Berry,503-718-2468 or greg @tigard-or.gov) for review and approval: Prior to issuance of an Occupancy Permit, the applicant shall obtain city and CWS approval of the complete construction of the stormwater treatment facilities and maintenance plans. Prior to issuance of an Occupancy Permit, the applicant shall obtain city approval of the complete construction of the proposed driveway. The applicant's engineer shall submit a final access report to City engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. Prior to issuance of an occupancy permit,the applicant shall obtain city approval of constructed measures (such as a center island in Shady Lane or raised median in Greenburg Road) that physically prohibit left turns from Shady Lane onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. Prior to issuance of an occupancy permit,city and county approval shall be obtained of measures constructed (such as a center island in the frontage road or raised median in Greenburg Road) that physically prohibit left turns from the frontage road onto Greenburg Road. Signage shall also be provided to reinforce this prohibition. These items may be provided by another developer,but must be in place prior to issuance of an occupancy permit. Prior to issuance of an Occupancy Permit, the applicant shall pay the fee in-lieu of undergrounding overhead utilities. 1:\ENG\Development Engineering\Shady Ln\SDR 14-00003 Comments Shady Ln retail.docx