Hearings Officer Packet - 10/14/1986 - Tradewell Stores i
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Li 1640 HEARING OFFICER DECISION
9/22/86 Tradewell Scores
4' CU 5-86
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CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s): CU 5-86
2. Name of Owner: Tradewell Stores
3. Name of Applicant: Stephen Wasserberger, Architect �^
Address 1381 SW 12th Ave. City Portland ,tate OR zip
97201_
4. Location of Property:
Address 8950 SW Commercial St.
Legal Description 2S1 2AD 12.03 —.
5. Nature of Application: Request to convert an existing 20,460 sq. ft. building
to warehousing use on property zoned CBD (Centra uginess District)
6. Action: Approval as requested
XX Approval with conditions
Dena l
7. Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
8. Final Decision_
THE Dl'CI:I0N SHALL BE FINAL ON October 14, 1986 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and etateesent of condition can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall
Blv;t. , P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal:
Any party to the decision may appeal this decision in acccrdance with
1 18.32.290(A) and section. 18.32.370 which provides that a written appeal
may be filed within 10 days after notice is given and sent.
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'flrn deadline for filing of a. appeal is mix= P.M. October 14 , 1986
10. Qjlstions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION)
FOR A CONDITIONAL USE PERMIT TO ) No.
CONVERT AN EXISTING BUILDING TO )
WAREHOUSING AND FOOD PROCESSING ) CU 5-86
USES; Stephen Wasserberger,
applicant.
The above-entitled matter came before the Hearings Officer
at the specially scheduled meeting of September 18 , 1986 , and
was continued for additional comment to September 25 , 1986 , at
5 : 00 p.m. , thF• hearing held at Tigard Civic Center Town Hall Room,
in Tigard, Oregon; and
The applicant requests a conditional use permit to convert
an existing building to warehousing and food processing uses,
property located on SW Commercial Street, more specifically
described as Tax Lot 1203 , Map 2S1 2AD, City of Tigard, County
of Washington, State of Oregon; and
The Hearings Officer conducted a public hearing on
September 18 , 1986 , at which time testimony, evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopts the findings of fact and
conclusions contained in the Staff Report, a copy of which is
attached hereto, marked "Exhibit A" and incorporated by reference
herein.
NOW THEREFORE IT IS HEREBY ORDERED that CU 5-86 be and
hereby is approved subject to the following conditions :
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET
PRIOR TO ISSUANCE OF BUILDING OR OCCUPANCY P 'RMITS AS RELEVANT.
Page 1 - CU 5-86
2. A revised site plan shall be submitted for Planning
Director approval indicating bicycle and handicapped parking .
3. The applicant shall obtain City of Tigard sign permits
for all signage at the site.
4 . Written acknowledgment from the Southern Pacific
Railroad Company for the acceptability of site stormwater drainage
onto Southern Pacific property shall be provided to the City prior
to issuance of any permits.
5. A street opening permit shall be obtained from the City
Engineering Office, by the applicant, for any work to be performed
within the right-of-way of SW Commercial Street.
6 . Five (5) sets of plan-profile public improvement con-
struction plans and one (1) itemixed construction cost estimate,
stamped by a Registered Professional Civil Engineer, detailing
all proposed public improvements shall be submitted to the Engineer-
ing Section for approval. These public improvement plans relate
to conditions 9 and 10 only.
7. Construction of proposed public improvements shall not
commence until after the Engineering Section has issued approved
public improvement plans. The Section will require posting of a
100% Performance Bond, the payment of a permit fee and a sign
installation/streetlight fee. Also, the execution of a street
opening permit shall occur prior to, or concurrently with the
issuance of approved public improvement plans. SEE TIIE ENCLOSED
HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES,
BONDING AND AGREEMENTS .
Page 2 - CU 5-86
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8 . The applicant shall execute a non-remonstrance agreement,
on City forms, for future improvement of SW Commercial Street and
SW Hall Blvd.
9 . The proposed relocat:ian of the easterly access shall
be to the crest of the hill on SW Commercial Street. An acceptable
alternative would be the complete removal of the access altogether.
An on-site circulation analysis and plan approved by the Engineer-
ing Division shall accompany the latter alternative. Both drive-
ways (existing and future) shale be designed to accommodate future
standard improvements to SW Commercial Street.
10 . The following interim improvements to SW Commercial
Street shall be required within one year of the initial improve-
. ments on the subject property:
a. Widening of SW Commercial Street to 33 feet from
the wescerly edge of pavement of SW Hall Blvd. to a point 100
feet back from the intersection . A 3 : 1 transition taper will
also be required. Said widening to be build to Minor Collector
pavement and structural standards. A three lane traffic configu-
ration of approximately 11 feet in width each and crosswalk
stripping shall be required.
h. Removal of all brush and debris within the right-
of-way on the applicant' s Commercial Street frontage.
c. Construction of a 3 foot wide gravel shoilder
along the entire Commercial Street frontage of the proposed site.
building The northwestern setback shall be maintained
to avoid kuildinq expansion into the public right-of-way.
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12. A detailed landscaping plan which shows a minimum of
15% landscaping included vithin the property boundaries and which
indicates all plant species shall be submitted to the Planning
Director for approval. If applicant can demonstrate that the
plan as submitted meets or exceeds the standard without the
inclusion of plantings in the public right-of-way, no further
prcperty need be included and only plant species information
need be provided to the City.
13. The northwestern delivery or loading driveway shall
be permanently obstructed to prevent vehicular use or it shill
be redesigned to permit improved vehicle maneuverability.
14 . This approval shall remain valid for one year from
;:hE date of final decision noted below.
DATED this 22nd day of Septeml,er, 1986 .
HEARINGS OFFICE
APPROVED,r,
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BETH MASO
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STAFF REPORT AGENDA ITEM 2. 1
SEPTEMBER 18, 1986
TIGARD HEARINGS OFFICER
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
• • A. FACTS
1 . General Information
• CASE: Conditional Use CO 5-86
REQUEST: To convert an existing 19,840 sq. ft. building to
warehousing use on a 1.8 acre site. Also to allow
construction of 620 sq ft. of space onto the south building
face of the existing structure. Location: P950 SW
• Commercial Street.
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• COMPREHENSIVE PLAN DESIGNATION: CBD (Central Business District)
ZONING DESIGNATION: CBD (Central Business District)
APPLICANT: Stephen Wasserberger, Arch. OWNER: Tradewell Stores
1381 SW 12th Avenue 451 SW Tenth Ave.
Portland, OR 97201 Renton, WA 98057
LOCATION: 8950 SW Commercial Street (WCTM 2S1 2AD Lot 1203) .
• 2. Background Information
In August, 1982, Tradewell Stores requested a Site Design Review to
allow construction of a 1,920 square foot addition to an existing 17,800
sq. ft. building on a 1 .8 acre lot. The application was approved
subject to certain conditions.
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On July 14, 1986, the City Council heard a request by Magna-Humphries
Company for legislative review of the Community Director' s zoning
interpretation of the Central Business District (CBD) Zone for property
located at the former Prairie Market site. The Director' s zoning
interpretation noted that strict interpretation of the Code would
prohibit a manufacturing use in the CBD zone. The Council motioned to
find the production aspect of the proposed use to be secondary to the
warehouse use in terms of spatial usage of the building and that the
proposed use would need to undergo a Conditional Use Review by the
Planning Division.
3 . Vicinitij nformation
Properties to the south, west and north are all zoned CBD (Central
Business District) . Properties to the east are zoned and developed -L
(Light Industrial) .
STAFF REPORT - CU 5-86 - PAGE 1
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4. Site Information and Property Description
A 19,80 square foot building, once used as the Prairie Market grocery
store, occupies the northwestern end of the property . Access is
provided via two driveways onto Commercial Street.
The applicant intends to convert the former grocery retail use to a
combination of warehouse (approximately 19,000 sq. ft. ) use and vitamin
(food) processing (800 sq. ft. ) . The property presently is served by
City sewer and has existing storm drainage and water facilities. Also
proposed is a 620 square foot expansion on the southern face of the
building for reception and conference areas. General office space will
be created in the existing building.
5. Agency and NPO Comments
The Building Division, State Highway Division, Northwest Natural Gas and
Portland General Electric have all reviewed the proposal and have no
objections to it.
The Engineering Division has the following comments:
a. SW Commercial Street is a roadway where half-street improvement is
not now recommended due to timeliness and existing topographic
conditions; note the attached "proposed (future) L. I.D. plan", in
particular, note the profile. The vortical regrading could not be
accomplished via a 'half street improvement' and, it is
recommended that such be eventually clone with a full width
improvement of the road.
b. The existing ingress--egress accessway, located on Commercial
Street next to Hall Blv '. , does not meet existing Code (M.C.
15.04 .080, attached) .
The delivery driveway located at the northwestern side of
applicant' s building seems inadequate and may create an
undesirable situation, namely, vehicles entering "head first" and
then having to back out (blindly) onto Commercial Street; or,
stopping on Commercial Street then backing into the delivery
drive. Without sufficient on-site "maneuvering room" staff does
not recommend approval of use thereof.
d. The extension of Ash Avenue to Burnham Street (crossing Commercial
Street and the railroad) should be given consideration prior to
issuance of a final order• for this application. Conveyance of R/W
could be accomplished now. Note the attached map.
B. ANALYSIS AND CONCLUSIONS
The proposed warehouse facility is consistent with the relevant criteria
in the CBD zone and the Conditional Use Chapter• of the Code relating to
building setbacks and height, minimum lot area and visual clearance.
The automobile parking space allotment of 97 spaces amply meets the Code
requirement of 21 spaces Additional discussion is warranted relating
to landscaping, the delivery or loading driveway, and access and egress
at the southern end of the property.
STAFF REPORT - CU 5-86 - PAGE 2
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Landscaping
Section 18 .66.052 of the Community Development Code requires a minimum
landscaping of 15 percent in the Central Business District (CBD) zone.
The applicant has included a portion of the public right-of-way in the
allocation of landscaping. Sufficient area can be devoted to
landscaping within the property boundaries by converting proposed
parking areas to landscaping. The site plan currently shows
approximately 11 .5 percent of area inside the property devoted to
landscaping.
Access and Egress
Section 18 . 109.060(b)(1) states that "in no case shall the design of the
service drive or drives require or facilitate the backward movement or
ot'^ar maneuvering of a vehicle within a street, other than an alley."
Therefore use of the northern delivery driveway should be restricted.
The future Extension of the Ash Street right--of--way may overlap the
existing delivery drive. Therefore, the building setba,.k along the
northwestern property edge should be retained in order to prevent
expansion interfering with the public right-of-way.
The access driveway apron at the southern end of the property violates
Section 15.04.090(c) of the Tigard Municipal Code which requires that no
portion of any driveway approach, including the end slopes, shall b�
located closer than thirty feet to an intersecting street right-of-way
line. The applicant should arrange with the Engineering Division to
either relocate this driveway apron or remove it altogether from the
site (see conditions of approval) .
SW Commercial Street should be widened to the minor collector pavement
and structural standards. This includes a pavement width 33 feet from
the easterly edge of pavement at. SW Hall Blvd . to a point 100 feet back
from the intersection. A 3 : 1 transition taper will also be required. A
three lade traffic configuration of approximately 33 feet wide should
therefore be provided at the intersection of Commercial Street and Hall
Blvd.
C. RECOMMENDATION
Based on the discussion above, the Planning staff recommends approval of
CU 5-86 subject to the following conditions :
1 . UNLESS OTHERWISE NOTED, ALE.. CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
2. A revised site plan shall be submitted for Planning Director
approval indicating bicycle and handicapped parking.
3 . The applicant shall obtain City of Tigard sign permits for all
signage at the site.
4. Written acknowledgment from the Southern Pacific Railroad Company
9 for the acceptability of site stormwater drainage onto Southern
Pacific property shall be provided to the City prior to issuance
of any per"l is.
STAFF REPORT - CO 5-86 - PAGE. 3
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5. A street opening permit shall ha obtaned from the City
Engineering Office, by the applicant, for any work to be performed
within the right-of-way of SW Commercial Street.
6. Five (5) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the Engineering Section
for approval.
7. Construction of proposed public improvement:, shall not commence
until after the Engineering Section has issued approved public
improvement plans. The Section will require posting of a 100%
Performance Bond, the payment of a perr,it fee and a sign
installation/streetlight fee. Also, the execution of a street
opening permit shall 'occur prior to, or c:oncurren,:ly with the
issuance of .approved public improvement plans. °LE THE ENCLOSED
HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHECULES
BONDING AND AGREEMENTS.
O. The applicant shall execute a non-remonstrance agreement, on City
forms, for future improvement of SW Comr..ercial Street and SW Hall
Blvd .
9. The proposed relocation of the easterly access shall be to the
crest of the hill on SW Commercial Street. An acceptable
alternat_.ve would be the complete removal of the access
altogether. An on-site circulation analysis and plan approved by
the Engineering Division shall accompany the latter alternative.
Both driveways (existing and future) shall be designed to
accommodate future standard improvements to SW Commercial Street.
10. The following interim improvements to SW Commercial Street shall
be required:
a. Widening of SW Commercial Street to 33 feet from the
westerly edge of pavement of SW Hall Blvd. to a point 100
feet back from the '.ntersection. A 3: 1 transition taper
will also be required. Said widening to be built to Minor
Collector pavement and structural standards . A three lane
traffic configuration of approximately 11 feet in width each
and crosswalk stripping shall be required .
b. Removal of all brush and debris within the right-of-way on
the applicant' s Commercial Street frontage.
c . Construction of a 3 foot wide gravel shoulder along the
entire Commercial Street frontage of the proposed site.
11 . The northwestern building setback shall be maintained to avoid
building expansion into the public right-of-way .
12. A detailed landscaping plan which shows a minimum of 15%
landscaping included within the property boundaries and which
indicates all plant species shall be submitted to the Panning
Director for approval .
STAFF REPORT - CU 5-86 - PAGE 4
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13 . The northwester:: delivery or loadi•ig driveway shall be permanently -.
obstructed to prevent vehicular ..ise or it shall be redesigned to
permit improved vehicle maneuverability .
14. This approval shall remain valid for one year from the date of •
final decision noted below.
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REP•RED BY: Deborah A. Stuart APpI4OVED BY: William A. Monahan
Assistant Planner Director of Community
Development
(DAS:dj168)
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STAFF REPORT - CU 5-86 -- PAGE 5