The URL can be used to link to this page

TUP2019-00006 TUP2O19 - 00006 OAK STREET CONDOS MODEL HOME & SALES OFFICE NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2019-00006 OAK STREET CONDOMINUMS MODEL HOME AND TEMPORARY SALES OFFICE T I GARD 120 DAYS = AUGUST 14,2019 SECTION I. APPLICATION SUMMARY FILE NAME: Oak Street Condominiums Model Home and Temp. Sales Office CASE NO.: Temporary Use Permit(TUP) TUP2019-00006 PROPOSAL: The applicant is proposing one temporary sales office and one model home at 8879 SW Elena Lane on proposed Lot 22 of the Oak Street Condominiums.The temporary sales office and model home will be located within a condominium unit. No commercial modifications are proposed. APPLICANT: Lennar NW Inc. Attn:Juls Call 11807 NE 99th St. #1170 Vancouver,WA 98682 OWNER: Lennar Northwest Inc. Attn: Ryan Selby 11807 NE 99th St. #1170 Vancouver,WA 98682 LOCATION: 8879 SW Elena Lane,WCTM 1S135AA,Tax Lot 3800 ZONING DESIGNATION: MUR-1 and MUR-2:Mixed-Use Residential 1 and 2 zone.The MUR-1 and MUR- 2 zones are designed to apply to predominantly residential areas where mixed- uses are allowed when compatible with the residential use.A high-density (MUR- 1) and moderate-density (MUR-2) designation is available within the MUR zone. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.440 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. This Temporary Use Permit is valid from October 1s`, 2019 to October 1st,2020.The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL IS VALID OCTOBER 1sT,2019 TO OCTOBER 15T,2020 TUP2019-00006 Oak Street Condominiums Model Home and Temporary Sales Office PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information: The subject property (WCTM 1S135AA Lot 3800) is located south of SW Oak Way,west of SW Akilean Terrace, north of SW Elena Lane,and east of SW 90th Avenue. The granted approval for the Oak Street Condominiums consists of a Site Development Review,a Variance,and a Minor Modification(SDR2005- 00005, VAR2005-00073, and MMD2018-00028). The granted approval was for five (5) multi-family buildings with a total of 46 units. The proposed temporary sales office and model home will be located in Unit 22, which will be located in Building #3 on the northwest corner of SW Elena Lane and SW Akilean Terrace. The subject property is zoned Mixed-Use Residential 1 (MUR-1) and is located in the Washington Square Regional Center Plan District. The applicant has requested that the approval period for the temporary sales office and model home for Lot 22 be from October 1St,2019 to October 1St,2020. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS CHAPTER 18.440 TEMPORARY USES: 18.440.050 Approval Criteria C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold;and The proposed temporary sales office is to be located within the boundaries of the Oak Street Condominiums on proposed Lot 22.Although Lot 22 is not located within the boundary of a subdivision,this lot is located within the legally approved Oak Street Condominiums,which were approved through a Site Development Review(SDR2005-00005)in 2005. The real property to be sold includes the subject property.This criterion is met. b. Sales offices approved through the provision of this chapter may not be permanent. The applicant proposes to establish a temporary sales office within the condominium unit, and no commercial modifications have been requested. Once the temporary use expires, the commercial space located within the condominium unit will be converted back into a residential space.This criterion is met. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and The proposed condominium unit to be used as a temporary sales office will also serve as a model home.The proposed model home is to be located within the boundaries of the Oak Street Condominiums on proposed Lot 22. Although Lot 22 is not located within the boundary of a subdivision, this lot is located within the legally approved Oak Street Condominiums,which were approved through a Site Development Review (SDR2005-00005) in 2005. The real property to be sold includes the subject property.This criterion is met. TUP2019-00006 Oak Street Condominiums Model Home and Temporary Sales Office PAGE 2 OF 3 b. The property to be used for a model house must be a permanently designed dwelling structure. The applicant proposes to utilize a condominium unit as a model home,which is a permanently designed dwelling unit.Once the temporary use expires,the condominium will be sold as a residence.This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: A Temporary Use Permit is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 23RD, 2019 AND BECOMES EFFECTIVE ON APRIL 24TH, 2019 Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelC@tigard-or.gov. L'AALL CTIAIL" April 23`d.2019 APPROVED BY: Samuel Copelan Assistant Planner TUP2019-00006 Oak Street Condominiums Model Home and Temporary Sales Office PAGE 3 OF 3 J ' I I CITY OF TIGARD PLANNING AND ZONING INFORMATION TAX LOT: 1S135AA03I00 IULDPE - L i-1' Sr1E AREA 32.40E NOTED(0.74 Ac) -,. ZOI�IQ KC- 9Q REGIONAL CIR 2E-2 EEDR0(1 INTO+1-1200 s/1$0T ' - ( --- MAX.BLDG CVNERRACE 60%111 LANDSCAPING 20>t FAR.60 PARKING PARKING 00911ED Dc 28 X 1.30 r 42 5PCS PROVHEIGHT:2 N/A M.75'MAX. 46 SPACES+1 ADA SPACE-47 SPACES SEMIAO(5:N/A ON N■TIDR PARCELS MAXIM DENSITY:50 WITS/AC I f ill _ MA1018,111 WITS ALLOWS 37 as Aoc�Q HITS FROM 20 sum F00PRNT: 155/0 Si 4� HYDRANT LocA1MX45 VOW ISO' PAID PRYATE 5i: 3752 s 121 PAVED SIDENAJ 2.412 SF 7% LAIDS(XAIE 4106 g 13% MRC.PAED: 6506 ST IOFAL 32.406 SF 1001 1 MN MATER GUALJIY BELOW SDG I ' [A1:3721..0:0( BUILDING #5 7Lo,„°,R22_-:71!F:0DFT. WELEVELiuNITS31-39)r —_ MAIN - 550 S0.FT. t � UPPER- 530 SO.FT. ------ — TOTAL 1.200 50.FT. S 1 {�, GARAGE 254 50.FT. , I' ' --- BUILDING#4 BE'DIU' 1 9 1]n=BLL'; 2,.:•:,1 (UNITS 23 30) .. -is _ I: '��U(Is..�1'>�`iAXl'LOT' �'-I]6I�[�i■1-.4_111_ I� TAX LOT '"'�' � � 38p0 3900 ( II :..il Y =II i,‘Il 11L-64:'7E- 1]il� © )4 c I'; i,I! ,:. UNIT ! ' UM!' e.- 'I`:}6s • I '� W-slaitt I \ BUILDING#3 rr. ( •4" 1e` `'I]� ` :`5 ail (UNITS 12-22 �.::;l� nil =11113IWI:v I �''3 Is i[61Y I:>::'.: . ....— — _ 6 k. is -� k.:»_:: ::::�� 'rn( .[nomZA 156-D' 143.80 --— —_ — i [c=nt,c 1. - --.:,;Z:i:{ I. -:i:onver1 sats IFR:.v�iec.N4I X91 ISPl}.4eNe'92Ii7DW itti,lifir M103K}):•;t9t7ATNRie .5):: I .•83.00•—rail03 ell t4i I:: 1111 1111 ILII ILII 61 El ,-%; 5.1(I'c i, I !� 7A°' nu unmltunun "''', 1 ..i IM(i _ Illl - ILII ril.„ 1111 ILII -;/-s,,y , ��■ TOP.(2)�'PVC INDMDUAL �� • ygUNR SERVICE ON IN TDKED I U Y .ii Ill i la MU "" rIII 6 "'HB_"' 111/ �/� I11.1114 ■ -:A4-...A1rc.:c...'R._.. -"atw—..ar tS.._*Be!w•'w�''.-.".^•.T's. tm. C T PVC SERVICE UNE ^ wt�a t40 a+baa•rr' rat o......maw uNsi,gass �11W 4 4 - iris -- ` - - ) I. ■1 IL � --'-- - ' - SW EL NAW.TAX _ST._ 51 -_-� I ■ 8 .... .. ....... .. .. .... �C�' :<.<rte■,iIi,.i_.i_ : H ee 1$i■ I" r I ... f,r, i a ... ._. 1 :-:',1,,...,?..,....,,,,.1..- ..4, .:Yax - :,!..:04.1.1,:-'t .v M1 -'+ S.r."'. r•-'f•r•+,�.+rvr'.,e..!".•74 ....� *, ,,� < 4 . .. . t .fir{ . ry e : ey^:.e ._t,- r., .limiti CL OF SW ELENA LN. SITE PLAN CITY OF TIGARD SCALE:%4" = 1'-0" Approved by Planning Date: -Z s-lq N initials: Sc C! LOWER FLOOR PLAN FOR BLDG #3, UNIT 22 SCALE:%8" = _ DATA: `_- ISSUEDUBMIFOR: A PROPOSED PROJECT FOR: �, ICPN architecture/planning'IC ISSUE DATE: X17 SUBMISSION JOB SUMER: 10107.02 01/25/2019 DRAINS BY: SAF.CCM LENNAR dub.s 207 .150353403.31.0Ame lean IA ..ArcMeCS LENNAR-VANCOUVER un.o..,n,u.,o„ NO■gMaYYtl4■n NCARB A1 .11 8879-8933 SW ELANA VAIN °^ TIGARD,OR 97223 Anal= ti.n r.wrr.rrr.w./.nr..aer..m w roger.r... r.r.e-rrr...r.w rrrrr..nr..wer..+. SHEETS TOTAL __I .waer.-irrMa.a..rrrrra.twrvwacawa.. RECEIVED L E N NAR APR 23 2019 CITY OF TIGARD PLANNING/ENGINEERING Narrative: The Model home and sales office is intended for new construction inside LOT 22 of Oak Street Condominiums. The model will be fully designed as a home.The sales office will be temporary arrangement of furniture to facilitate the sales of the homes in Oak Street Condominiums. No commercial modifications have occurred. 11807 NE 99th Street, Ste. 1170—Vancouver, WA 98682 Office 360 258-7900 Fax 360 258-7901 LENNAR.COM APPLICANT MATERIALS r RECEIVED DocuSIgn Envelope ID:26A18B6B-11 F9-4E4E ACAS-B82D31 E63A85 APR 162019 City of Tigard CITY OF TIGARD n ' COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING A Temporary Use TIGARD Type I Application PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Temporary use approval to allow: Model/Sales Office ELEMENTS Owner's signature/ Property address/location(s): 8879 SW Elena Lane written authorization Ila Two(2)copies of the site/plot plan indicating: Tax map and tax lot #(s): Lot 22 1. Location of the Temporary Use 2. Lot size 3. Square footage and location of 1412.7 Siexisting buildings Site size: 4. Current uses of existing buildings Start date: 10 /1 /19 End date: 10 /1 /20 5. Number of existing parking spaces 6. Square footage of any space to be Please check one: used as additional parking O Season/special event 7. Driveway locations O Unforeseen/emergency situation Site/plot plan(reduced to 8.5"x111/4") ® Temporary sales office/model homes Applicant's statement address criteria: 18.440.050(2 copies) O Temporary use in commercial and industrial zone Oiling fee(unless exempt) APPLICANT* FOR STAFF liSE ONLY Business name: Lennar NW Inc. Case No Address: 11807 NE 99th St. #1170 Vancouver, WA 98682 Related Case No(s) City/state: Zip: ' .< Juls Call Application lie Contact name: Application accepted Ph#: 360-258-7906 Email: juls.call@lennar.com , , B� M Date . f 4/.1.4 Application determined complete PROPERTY OWNER/DEED HOLDER 5 * Attach list if more than one `` ( � ( ) By: Date -: Name: Lennar NVV Inc. l:\Communitypevefopment\tend Use Appllcattons\62 Formsand Templates,\Land Use Applications Rev.12/14/2017,,. ;} Address: same as above Ci state: Zip: Contact name: Ryan Selby ph#360-258-7900 * When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 DocuSign Envelope ID:26A18B6B-11 F9-464E-ACA3-B82D31 E63A85 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications) THE APPLICANT(S) SHALL CERTIFY THAT: • The above re•uestd.esnot iol < .'•--• - •_ ti. •. .- <.. -•_ . ._ '_• ...s-. ...l i S .••.- *. 1 • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property required. Juls Call 4/12/19 �ppli•. t s signature Print name Date • igned by: Ryan Selby 4/12/19 ssiNignature Print name Date Owner's signature Print name Date Owner's signature Print name Date { TEMPORARY USE--TYPE I APPLICATION(TUP) City of Tigard • 13125 SW Hall Blvd. • 'Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 RECEIVED APR 2 3 2019 CITY OF TIGARD PLANNING/ENGINEERING LENNAR NORTHWEST, INC. CERTIFICATE OF INCUMBENCY DECEMBER 6,2011 The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of Lennar Northwest, Inc., a Delaware corporation(the"Corporation"), hereby certifies that: On August 17, 2011 Ryan Selby was elected as a Vice President of the Corporation, to serve in such capacity, pursuant to the Bylaws of the Corporation,until the next annual meeting of the Board of Directors of the Corporation, or until a successor is duly elected and qualified or until his earlier resignation or removal from office. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalf of the Corporation effective as of the date first written above. Mark austana, Secretary STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me this 6th day of December 2011, by Mark Sustana, Secretary of Lennar Northwest, Inc., a Delaware corporation,on behalf of the Corporation. He is personally known to me and did not take an oath. MARILYN D.KUFFNER _:T .*I MY COMMISSION N DD 967034 p EXPIRES:June 29,2014 1G Nota Public Underwriters @drn n NOTA PUBLIC =,__• State of Florida L RECEIVED LENNAR® APR 232019 CITY OF TIGARD PLANNING/ENGINEERING Community: Oak Street Condominiums Subject:Narrative—Temporary Use Permit for Model/Sales Office. Lot 22, 8879 SW Elena Lane,Tigard,OR 97223 Applicable Code: Chapter 18.440 TEMPORARY USES Approval Criteria 18.440.030 Types of Temporary Uses C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a.The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and RESPONSE: A. The temporary sales office will be located INSIDE Lot 22 of the recorded plat of Oak Street Condominiums, Condition is met. b. Sales offices approved through the provision of this chapter may not be permanent. RESPONSE: B. The temporary sales office will be located INSIDE Lot 22 of the recorded plat of Oak Street Condominiums, Condition is met. 2. Model home. a.The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and RESPONSE: A. The model home will be located INSIDE Lot 22 of the recorded plat of Oak Street Condominiums. Condition is met. b. The property to be used for a model house must be a permanently designed dwelling structure. RESPONSE: B. Model home is a permanently designed as a home. Condition is met. 11807 NE 99th Street, Ste. 1170—Vancouver, WA 98682 Office 360 258-7900 Fax 360 258-7901 LENNAR.COM • Washington County,Oregon 2018-086911 St =2 S AKINS 12131/2018 11:20:08 AM $20.00$11.00$5.00$60.00$1,288.00 $1,384.00 I,Richard Nobernicht,Director of Assessment and Taxation and Ex- 4-s R, THIS SPACE RES officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and ;•..': recorded In the book of records of said county.• •. - Richard Hobernicht,Director of -t > .' , /- Assessment and Taxation, Ex-Officio After recording return to: Lennar Northwest, Inc. 11807 NE 99th Street, Suite 1170 Vancouver, WA 98662 Until a change is requested all tax statements shall be sent to the < following address: • Lennar Northwest, Inc. 11807 NE 99th Street, Suite 1170 tO Vancouver, WA 98682 File No.: 7000-2842110 (JO) • — Date: December 13, 2018 too STATUTORY SPECIAL WARRANTY DEED EE Lamplight Capital &Asset Management, LLC, a Texas limited liability company, Grantor, 2 conveys and specially warrants to Lennar Northwest,Inc,, a Delaware corporation, Grantee, the < real property located in the City of Tigard, County of Washington, State of Oregon, and more particularly 6- described on Exhibit A attached hereto (the "Property"), subject to the exceptions set forth on Exhibit 8 V3 is attached hereto. The true and actual consideration for this conveyance is $1,287,680.00(includes other Er property). • BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8,OREGON LAWS 2010. Dated this. .,1 —-day ofbe -4b eir , 20 15? Page J.of 3 1 � APN: R271404 Statutory Special Warranty Deed File No.;7000-2842110{7M) -continued Date:12/13/2018 Lamplight Capital &Asset Management, LLC, a Texas limited liability company / s By: Name: Chad E. Botkin Title: member STATE OF Texas ) f )ss. County of Harris ) This instrument was acknowledged before me on this�i day of 1)t c , 20 12 by Chad E. Botkin as member of Lamplight Capital & Asset Management, LLC, on behalf of the limited liability company. 1,4)A yA)6, Notary Public for Texas My commission expires: ��*, NIDAALI MIRZA 2 — *.F, Notary ID#129650126 '^�,�rc My Commission Expires tiT �.� March 5,2022 9a i3 } Page 2 of 3 APN:R271404 Statutory Special Warranty Deed File No.:7000-2842110(3E7) -continued Date:12/13/2018 EXHIBIT A LEGAL DESCRIPTION: Real property In the County of Washington, State of Oregon, described as follows: THAT PORTION OF LOT 12,ASHBROOK FARM, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12 AND RUNNING THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 12 A DISTANCE OF 137.91 FEET;THENCE SOUTHERLY AND PARALLEL WITH THE WEST LINE OF SAID LOT 12 A DISTANCE OF 316.14 FEET TO THE SOUTH LINE OF SAID LOT 12; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 12 A DISTANCE OF 137.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12;THENCE NORTH ALONG THE WEST LINE OF SAID LOT 12 A DISTANCE OF 316.14 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PARCEL CONVEYED TO THEO L. WILLIAMS, ET UX, BY DEED RECORDED OCTOBER 04, 1972, IN BOOK 890, PAGE 0688,WASHINGTON COUNTY, OREGON DEED RECORDS. ALSO PART OF LOT 11, ASHBROOK FARM, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF SAID LOT 11,NORTH 89° 40' EAST 338.2 FEET FROM THE MOST WESTERLY CORNER THEREOF, WHICH POINT OF BEGINNING IS THE SOUTHEAST CORNER OF TRACT DESCRIBED IN DEED TO ARTHUR WILLIAM SMITH AND WIFE, RECORDED IN BOOK 274, PAGE 0519, DEED RECORDS; THENCE NORTH 89° 40' EAST 143.6 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTH ON THE EAST LINE OF SAID LOT, 154.8 FEET TO A POINT THAT IS SOUTH 160 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 890 40' WEST 143.6 FEET TO THE EAST LINE OF SAID ARTHUR WILLIAM SMITH TRACT; THENCE SOUTH 1548 FEET, ALONG THE EAST LINE OF SAID SMITH TRACT,TO THE POINT OF BEGINNING. EXCEPT ALL THAT PORTION OF THE ABOVE DESCRIBED PROPERTY LYING WITHIN THE PLAT OF TOUCHSTONE TOWNHOMES AT WASHINGTON SQUARE,A CONDOMINIUM RECORDED JANUARY 09, 2008 AS RECORDER'S NO. 2008002108, RECORDS OF WASHINGTON COUNTY, OREGON. ALSO EXCEPT ALL THAT PORTION OF THE ABOVE DESCRIBED PROPERTY DEDICATED TO THE PUBLIC DEDICATION DEED RECORDED DECEMBER 06, 2006 AS RECORDER'S NO. 2006- 143641, RECORDS OF WASHINGTON COUNTY, OREGON. NOTE: THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. Page 3 of 3 NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00028 III OAK STREET CONDOMINIUMS TIGARD 120 DAYS = November 27, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Oak Street Condominiums CASE NO.: Minor Modification(MMD) MMD2018-00028 PROPOSAL: The applicant requests a minor modification to the approved Site Development Review for Oak Street Condominiums (Case Nos. SDR2005-00005 and VAR2005- 00073).Specifically,the applicant proposes to update the approved landscaping plan, add an Americans with Disabilities Act (ADA) accessible guest parking space, and modify the design of the rear building facades. APPLICANTS: Lennar Northwest,Inc. 11807 NE 99th Street,Suite 1170 Vancouver,WA 98682 AKS Engineering& Forestry,LLC Attn: Mimi Doukas 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 OWNER: Lamplight Capital&Asset Management,LLC 10375 Richmond Avenue,Suite 1010 Houston,TX 77042 LOCATION: North side of SW Oak Street, between SW 87th Avenue and SW 90th Avenue WCTM 1S135AA,Tax Lot 3800 ZONING DESIGNATION: MUR-1: Mixed-Use Residential 1 Zone. The MUR-1 and MUR-2 zones are designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use.A high-density(MUR-1) and moderate-density (MUR-2) designation is available within the MUR zone. In addition to the standards of this chapter, development within these zones are subject to the standards of Chapter 18.670, Washington Square Regional Center Plan District. APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapters 18.120, 18.310, 18.320, 18.670, 18.780,and 18.920. MMD2018-00028 Oak Street Condominiums 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request,subject to certain conditions of approval.The findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO BUILDING PERMIT SUBMITTAL: Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or LinaCS@tigard-or.gov. 1. Prior to building permit submittal, the applicant shall submit a revised landscaping plan that demonstrates compliance with the L-2 landscaping standard (CDC 18.320.070.B).All trees shall have a minimum caliper of 2.5 inches at the time of planting. Unless noted otherwise, the staff contact shall be Khoi Le, Principal Engineer; (503) 718-2440 or Khoi@tigard-or.gov. 2. Prior to building permit issuance, the applicant shall obtain Storm Water Connection Permit Authorization from Clean Water Services. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject property (WCTM 1S135AA, Tax Lot 3800) is located on the north side of SW Oak Street, on the south side of SW Oak Way,west of SW 87th Avenue,and east of SW 90th Avenue. In December 2005, the City of Tigard Planning Division approved a Site Development Review (Case Nos. SDR2005- 00005 and VAR2005-00073) on the subject property and the adjacent property (WCTM 1S135AA,Tax Lot 70000). This approval was for five multifamily buildings,with a total of 46 dwelling units. However, only two multifamily buildings (with a total of 18 dwelling units) have been constructed (Touchstone Townhomes at Washington Square). The applicant intends to construct the remaining three multifamily buildings (with a total of 28 dwelling units) approved under Case Nos. SDR2005-00005 and VAR2005- 00073 on the subject property. The subject property is zoned Mixed-Use Residential 1 (MUR-1), and is located in the Washington Square Regional Center Plan District. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.120 Commercial Zones: 18.120.040 Development Standards A. Compliance.All development shall comply with: 1. All of the applicable development standards for the applicable base zone,except where the applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and Adjustments; 2. All other applicable standards and requirements in this title. MMD2018-00028 Oak Street Condominiums 2 B. Development standards. Development standards in commercial zones are provided in Table 18.120.3. Setbacks for the MUR-1 Zone CDC Table 18.120.3 Minimum Maximum Proposed Setback Setback Front 0 feet 20 feet 16.71 feet to 17.16 feet Street Side 5 feet 20 feet N/A Side 0 feet None 6 feet to 11 feet Side or Rear Abutting More None None N/A Restrictive Zoning District Rear 0 feet 10 feet 5 feet Garage None None N/A Develo.ment Standards for the MUR-1 Zone CDC Table 18.120.3 Standard MUR-1 Zone Proposed Minimum Building Height 2 stories 3 stories Maximum Building Height 75 feet 34 feet,2 inches Maximum Site Coverage 80% 76% Minimum Landscape 20% 24% Minimum FAR N/A N/A Minimum Residential Density 50 units/acre Approved under Case No. SDR2005-00005 Maximum Residential Density None Approved under Case No. SDR2005-00005 As demonstrated in the tables above, this proposal complies with all applicable standards for the MUR-1 Zone, including setback requirements, minimum and maximum building height, maximum site coverage, and minimum landscaping. The minimum floor area ratio (FAR) for the MUR-1 Zone only applies to nonresidential and mixed-use developments (CDC Table 18.120.3, Footnote 9). This proposal is for a residential development, therefore, minimum FAR does not apply. Furthermore, the applicant is not proposing any modifications to the residential density that was originally approved under Case Nos. SDR2005-00005 and VAR2005-00073.These standards are met. 18.310 Off-Street Parking and Loading: 18.310.030 General Provisions A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval granted until plans are approved as provided by this title that demonstrate how off- street parking and loading requirements are met. The applicant submitted scaled plans that demonstrate how this proposal meets all the applicable off-street parking and loading requirements of this title. This standard is met. B. Location of vehicle parking.The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot as the dwelling(s)it serves. 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: a. Commercial and industrial uses that require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; MMMD2018-00028 Oak Street Condominiums 3 b. The 40 parking spaces that remain on the primary site shall be available for users in the following order of priority: i. Disabled-accessible spaces, ii. Short-term spaces, iii. Long-term preferential carpool and vanpool spaces, iv. Long-term spaces. This proposal is for three multifamily buildings,with a total of 28 dwelling units. The applicant submitted scaled plans that demonstrate how all off-street parking, including visitor parking and ADA accessible parking,will be provided on site.These standards are met. C. Joint parking. Owners of two or more uses, structures or lots may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlap, 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 largest use as provided in Section 18.310.070; 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 joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. The applicant proposes five centrally located visitor parking spaces that will be jointly utilized by the residents of the subject property(WCTM 1S135AA,Tax Lot 3800) and the adjacent property (WCTM 1S135AA, Tax Lot 70000).As demonstrated in the table below,both Tax Lots 3800 and 70000 meet minimum off- street parking and visitor parking requirements. Additionally, the applicant submitted satisfactory legal evidence (a signed reciprocal easement and maintenance agreement) that establishes the joint use of these visitor parking spaces. These standards are met. Tax Lot Minimum Off-Street Minimum Visitor Total Parking Provided Parking Required Parking Required 3800 42 s.aces 6 s.aces 61 s.aces 70000 27 s.aces 4 s.aces 36 s.aces E. Visitor parking in multifamily residential developments. Multifamily developments with more than 10 required parking spaces shall provide an additional 15 percent of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. This proposal is for 28 two-bedroom multifamily dwelling units.Accordingly,the total minimum off-street parking requirement for this development is 42 spaces (1.5 spaces required for each two-bedroom unit, as outlined in CDC Table 18.310.2), and the minimum visitor parking requirement for this development is 6 spaces (15 percent of 42 spaces).The applicant has provided a total of 56 off-street parking spaces for the proposed 28 dwelling units.Accordingly,there is a surplus of 14 parking spaces distributed throughout the development site that can be utilized for visitor parking.Additionally,the applicant has provided five centrally located visitor parking spaces.Therefore, staff finds there is adequate visitor parking for this development. Bicycle parking will be addressed under Section 18.310.050 of this decision.This standard is met. G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the state building code and federal standards. Such parking spaces shall be sized, signed and marked as required by these MMD2018-00028 Oak Street Condominiums 4 regulations. The applicant's site plan shows that one ADA accessible parking space will be provided,and the applicant's narrative states that this space will be sized, signed and marked as required by the state building code and federal standards. Furthermore, the Building Official will review this proposal for compliance with all applicable ADA standards at the time of building permit submittal. This standard is met. 18.310.050 Bicycle Parking Design Standards A. Location and access.With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings or the street. When the bicycle parking area is not visible from the street,directional signs shall be used to locate the parking area; 4. Bicycle parking may be located inside a building on a floor that has an outdoor entrance open for use and 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. B. Covered parking spaces. 1. When possible,bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure shall provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building,in which case,the uncovered bicycle parking may be provided closer to the building entrance. C. Design requirements. The following design requirements apply to the installation of bicycle racks: 1. 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; 2. Bicycle racks shall be securely anchored to the ground,wall or other structure; 3. Bicycle parking spaces shall be at least 2.5 feet by 6 feet long,and,when covered,with a vertical clearance of 7 feet. An access aisle at least 5 feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space shall be accessible without moving another bicycle; 5. 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; 6. Areas set aside for required bicycle parking shall be clearly reserved for bicycle parking only. D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers,asphalt,concrete,other pervious paving surfaces, or similar material.This surface shall be designed and maintained to remain well-drained. E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each use is provided in Table 18.310.2. In no case shall there be less than 2 bicycle parking spaces.Single-family and duplex dwellings are excluded from the bicycle parking requirements. The number of required bicycle parking spaces may be reduced through an adjustment as provided in 18.790.030.B.5. (Ord.17-22§2) This proposal is for 28 multifamily dwelling units, and the total bicycle parking requirement for this MMD2018-00028 Oak Street Condominiums 5 development is 14 spaces (one space for every two dwelling units,as outlined in CDC Table 18.310.2).The applicant proposes to install wall-mounted bicycle racks in the garage of each unit. Therefore, this development will include at least 28 indoor bicycle parking spaces.The bicycle racks will be located within 50 feet of the primary entrance to each unit. Each garage is located on the ground floor, and includes an outdoor entrance open for use; therefore, a bicyclist will not be required to use stairs to gain access to a bicycle rack.Staff reviewed the applicant's submitted detail drawing for the bicycle racks,and confirmed they meet all applicable design requirements outlined in Section 18.310.050.C. Furthermore, Case Nos. SDR2005-00005 and VAR2005-00073 included a condition of approval that the applicant submit this detail drawing to staff prior to final building inspection. This condition of approval is met, and the standards outlined above are met. 18.310.070 Off-Street Parking Requirements A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.310.2. This proposal is for 28 two-bedroom multifamily dwelling units.Accordingly,the total minimum off-street parking requirement for this development is 42 spaces (1.5 spaces required for each two-bedroom unit, as outlined in CDC Table 18.310.2).Staff finds there is adequate parking at the development,with 61 off-street parking spaces provided. This standard is met. 18.320 Landscaping and Screening: 18.320.050 Buffering and Screening A. General Provisions 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses that are of a different type as provided in Tables 18.320.1 and 18.320.2. The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening.Buffers are not required between abutting uses that are of a different type when the uses are separated by a street. 3. In lieu of these standards,a detailed buffer area landscaping and screening plan may be submitted for approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this chapter. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in Tables 18.320.1 and 18.320.2 and containing a length equal to the length of the property line of the abutting use or uses. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the city. The applicant proposes three multifamily buildings,with a total of 28 dwelling units.The adjacent properties to the north, east, and west are occupied by detached, single-family homes. The applicant is required to provide a level"C" buffer combination for landscaping and screening adjacent to these properties. CDC Table 18.320.2 (shown below) outlines the allowable options to achieve a level "C" buffer combination for landscaping and screening. The adjacent property to the south is occupied by two multifamily buildings,with a total of 18 dwelling units. No buffering or screening is required adjacent to this property (CDC Table 18.320.1). As demonstrated by the analysis contained within this decision, this proposal MiMD2018-00028 Oak Street Condominiums 6 complies with all applicable buffering and screening requirements.These standards are met. CDC Table 18.320.2 Buffer Combinations for Landscaping and Screening Buffer Width Trees Shrubs or Type Options (feet) (per linear feet of buffer) Groundcover11.1 Screening 10 Shrubs 4' hedges C 8 15'min/40' max spacing* Shrubs 5' fence 3 6 Shrubs 6'wall *Spacing of trees depends on stature, as outlined in Section 18.320.050.B.4 3. A fence,hedge or wall,or any combination of such elements,which are located in any yard is subject to requirements in Section 18.320.050.B.8, 18.320.050.B.9 and 18.320.050.C. Fences, hedges, and/or walls are addressed under Sections 18.320.050.B.8, 18.320.050.B.9 and 18.320.050.0 of this decision.This standard is met. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as provided in Table 18.320.2. In addition, improvements shall meet the following standards: a. At least 1 row of trees shall be planted. Trees shall be chosen from any of the tree lists in the Urban Forestry Manual (except the nuisance tree list) unless otherwise approved and have a minimum caliper of 1.5 inches for deciduous trees and a minimum height of 6 feet for evergreen trees at the time of planting. Spacing for trees shall be as follows: i. Small stature or columnar trees shall be spaced no less than 15 feet on center and no greater than 20 feet on center. ii. Medium stature trees shall be spaced no less than 20 feet on center and no greater than 30 feet on center. iii. Large stature trees shall be spaced no less than 30 feet on center and no greater than 40 feet on center. The table below illustrates the options the applicant has chosen to achieve the level "C" buffer combination for landscaping and screening along the subject property's boundaries. Additionally, the applicant's landscaping plan shows that trees will be planted along the subject property's eastern and western property lines, and that the proposed trees meet the size and spacing standards outlined above. However,trees will not be planted along the property line directly south of Tax Lots 3900 and 3902, due to the presence of existing overhead utility lines.Even without planting trees in this area,staff finds there is still adequate buffering and screening provided with an eight-foot-wide buffer, four-foot-tall arborvitaes, and an existing fence.These standards are met. Adjacent Property Buffer Type Buffer Option (Tax Lot Number) Location Required Provided Tax Lot 3703 East of sub.ect .roller T C C-1 Tax Lot 3707 East of sub'ect .roller = C C-1 Tax Lot 3900 North and west of subject property C C-1 and C-2 with no trees Tax Lot 3902 North and west of sub.ect .roll er T C C-2 with no trees Mi1LD2018-00028 Oak Street Condominiums 7 Tax Lot 4000 West of subject property C C-3 Tax Lot 70000 South of subject property None N/A b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area. The submitted landscaping plan shows approximately 4,600 square feet of buffer area. The applicant is required to provide at least 46 five-gallon shrubs or 92 one-gallon shrubs for this area. The applicant exceeds this requirement because the landscaping plan shows 77 five-gallon shrubs and 56 one-gallon shrubs. This standard is met. c. The remaining area shall be planted in lawn or other living ground cover. The applicant proposes lawn or other living ground cover for any landscaped areas not required for buffering or screening.This standard is met. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted that will form a 4-foot continuous screen of the height specified in Table 18.320.2 within 2 years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided that will form a continuous screen of the height specified in Table 18.320.2 within 2 years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height as provided in Table 18.320.2 shall be constructed to provide a continuous sight obscuring screen. The applicant proposes to install five-foot-tall wooden fences east of Tax Lot 3900 and west of Tax Lot 3707,to preserve an existing wooden fence located south of Tax Lots 3900 and 3902,and to install a six- foot-tall wall east of Tax Lot 4000.The proposed fences and wall will provide continuous sight obscuring screens.These standards are met. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as provided in Chapter 18.930,Vision Clearance Areas. Staff reviewed the applicant's submitted site plan to confirm this proposal complies with all applicable standards in Chapter 18.930 Vision Clearance Areas. This standard is met. 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences,walls,or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted 6-foot height at the discretion of the approval authority as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval. The subject property and adjacent properties are relatively flat.This standard does not apply. 8. Fences and walls. a. Fences and walls shall be constructed of any materials commonly used in the MMD2018-00028 Oak Street Condominiums 8 construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the approval authority; b. Such fence or wall construction shall be in compliance with other city regulations; c. Walls shall be a minimum of 6 inches thick; and d. Chain link fences with slats shall qualify for screening; however, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. The applicant proposes to install five-foot-tall wooden fences east of Tax Lot 3900 and west of Tax Lot 3707, and to preserve an existing wooden fence located south of Tax Lots 3900 and 3902.The applicant also proposes to install a wall east of Tax Lot 4000 that is six feet tall and six inches thick. The applicant is not proposing to install any chain link fences.These standards are met. 9. Hedges. a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Section 18.320.050.C; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge,other dense evergreen landscaping,or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as provided in Chapter 18.930,Vision Clearance Areas The applicant proposes to plant four-foot-tall arborvitaes east of Tax Lot 3900, west of Tax Lot 3707, and south of Tax Lots 3900 and 3902. These arborvitaes are not intended to service as the primary screening,as they will be planted adjacent to sight-obscuring wooden fences.Additionally,staff reviewed the applicant's submitted site plan to confirm this proposal complies with all applicable standards in Chapter 18.930 Vision Clearance Areas.This standard is met. C. Height Requirements for fences or walls. 1. No fence or wall shall be constructed that exceeds the maximum height provided in Section 18.320.050.C.2 except when the approval authority,as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects. 2. Fences or walls. a. May not exceed 3 feet in height in a required front yard along local streets or 8 feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.930,Vision Clearance Areas; b. Are permitted up to 6 feet in height in front yards adjacent to any designated arterial or collector street. For any fence over 3 feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.930, Vision Clearance Areas. 4. All fences or walls greater than 7 feet in height shall require a building permit. 5. The heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level MMD2018-00028 Oak Street Condominiums 9 of such improvements. 6. An earthen berm and fence or wall combination shall not exceed the 6-foot height limitation for screening. The applicant proposes to install five-foot-tall wooden fences east of Tax Lot 3900 and west of Tax Lot 3707,to preserve an existing wooden fence located south of Tax Lots 3900 and 3902,and to install a six- foot-tall wall east of Tax Lot 4000. There is no minimum front yard setback requirement in the MUR-1 Zone; therefore, the three-foot height restriction for fences or walls in a required front yard along a local street does not apply to this proposal. The proposed fences and wall comply with the applicable height restrictions outlined above.Additionally,staff reviewed the applicant's submitted site plan to confirm this proposal complies with all applicable standards in Chapter 18.930 Vision Clearance Areas. These standards are met. D. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required. In no cases shall nonconforming screening of parking and loading areas (i.e., nonconforming circumstance) be permitted to become any less conforming. Nonconforming screening of parking and loading areas shall be brought into conformance with this chapter as part of the approval process for the following applications: conditional use (Type III), downtown design review (Type II and III), planned development (Type III), and site development review(Type II). The specifications for this screening are as follows: i. Landscaped parking areas shall include special design features that effectively screen the parking lot areas from view.These design features may include the use of landscaped berms, decorative walls, and raised planters; ii. Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; iii. Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; iv. All parking areas,including parking spaces and aisles,shall be required to achieve at least 30 percent tree canopy cover at maturity directly above the parking area as provided in the parking lot tree canopy standards in the Urban Forestry Manual. Staff reviewed the applicant's plans to determine that no on-site parking is easily visible from surrounding properties or the public right-of-way. Parking for each dwelling unit is provided by either a two-car tandem garage that is completely enclosed,or a single-car garage with a driveway that is only visible from a private street(either SW Akilean Terrace or SW Elena Lane).There are also five surface parking spaces located at the center of the development.These spaces are located at least 90 feet from the closest public right-of-way,and therefore, do not require additional screening.These standards do not apply. 2. Screening of service facilities. Except for single-family and duplex dwellings, service facilities such as gas meters and air conditioners that 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 5 and 8 feet in height. The applicant's narrative states that services facilities will be located on the rear of each unit, and will be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in MMID2018-00028 Oak Street Condominiums 10 height, as shown on the submitted landscaping plan. This standard is met. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by the state building code. The applicant is not proposing a swimming pool.This standard does not apply. 4. Screening of refuse containers. Except for single-family and duplex dwellings, any refuse container or refuse collection area that 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. This development does not include a shared,outdoor refuse collection area.This standard does not apply. E. Buffer type matrix. 1. Tables 18.320.1 and 18.320.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting existing uses or base zones. 2. An application for a variance to the standards in Tables 18.320.1 and 18.320.2, shall be processed through a Type II procedure, as provided in Section 18.710.060 using approval criteria in Section 18.790.020. (Ord. 17-22 §2) The applicant proposes three multifamily buildings,with a total of 28 dwelling units.The adjacent properties to the north, east, and west are occupied by detached, single-family homes. The applicant is required to provide a level "C" buffer combination for landscaping and screening adjacent to these properties. The adjacent property to the south is occupied by two multifamily buildings,with a total of 18 dwelling units. No buffering or screening is required adjacent to this property (CDC Table 18.320.1). As demonstrated by the analysis contained within this decision, this proposal complies with all applicable buffering and screening requirements.Additionally,the applicant has not requested a variance to these standards.These standards are met. 18.320.070 L-1 and L-2 Standards The subject property is located within the Washington Square Regional Center Plan District. Accordingly, the L-1 and L-2 standards apply to this project. 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 8 feet between the parking lot and a public 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 3.5-inch caliper at the time of planting. Shrubs shall be of a variety that will provide a 3-foot high screen and a 90 percent opacity within 1 year. Groundcover plants shall fully cover the remainder of landscape area within 2 years. Staff reviewed the applicant's plans to determine that no on-site parking is easily visible from surrounding properties or the public right-of-way. Parking for each dwelling unit is provided by either a two-car tandem garage that is completely enclosed,or a single-car garage with a driveway that is only visible from a private street(either SW Akilean Terrace or SW Elena Lane).There are also five surface parking spaces located at the center of the development.These spaces are located at least 90 feet from the closest public MMD2018-00028 Oak Street Condominiums 11 right-of-way, and therefore, do not require additional screening. This standard does not apply. B. L-2 general landscaping. The L-2 standard applies to all other trees and shrubs required by the applicable plan districts (except those required for the L-1 parking lot screen). For trees and shrubs required by this chapter, the L-2 standard is an additional standard.All L-2 trees shall be 2.5-inch caliper at the time of planting.Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within 2 years. The applicant's landscaping plan shows that all proposed trees will have a minimum 1.5-inch caliper at the time of planting. Accordingly, staff has included a condition of approval for the applicant to submit a revised landscaping plan that shows all proposed trees will have a minimum 2.5-inch minimum caliper at the time of planting. This revised plan shall be submitted prior to applying for building permits. All proposed shrubs meet the L-2 standard outlined above. As conditioned, this standard will be met. 18.670 Washington Square Regional Center Plan District: 18.670.020 Applicability A. Applicability.The regulations of this chapter apply to the Washington Square Regional Center Plan District.The boundaries of the plan district are shown on Map 18.670A,located at the end of this chapter,and on the official zoning map. The subject property is located within the Washington Square Regional Center Plan District. Accordingly, the regulations of Chapter 18.670 Washington Square Regional Center Plan District apply. 18.670.044)Development Standards A. Compliance required.All development shall comply with: 1. All applicable development standards provided in the applicable base zone, except where a variance or adjustment has been obtained in compliance with Chapter 18.790, Variances and Adjustments, and Subsections 18.670.040.0—E; and 2. All other applicable standards and requirements in this title. B. Development standards. Development standards that apply within mixed-use zones in the Washington Square Regional Center Plan District are in Table 18.120.3.Existing developments that do not meet the standards specified for a particular base zone may continue in existence and be altered subject to Section 18.670.050. Development standards are addressed under Chapter 18.120 Commercial Zones of this decision. Additionally, the applicant has not requested a variance or adjustment with this application.These standards are met. 18.670.070 Site Design Standards C. 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 compliance with Table 18.120.3. As addressed under Chapter 18.120 Commercial Zones of this decision, this proposal complies with minimum and maximum setback requirements for the MUR-1 Zone. This standard is met. D. Front yard setback design. 1. Purpose.The front yard is the most conspicuous face of a building and requires special MlID2018-00028 Oak Street Condominiums 12 attention. Places for people and pedestrian movement helps create an active and safer street.Higher level of landscape anticipates a more immediate visual result. 2. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path shall 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 18.670.070.F. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged.These areas shall contribute to the minimum landscaping requirement as provided in Table 18.120.3. The subject property's front yard setback area is located at the northern end of the site,directly adjacent to SW Oak Way. The applicant's plans show that landscaping will be provided in this area. Subsection 18.670.070.F.2 requires this area to be landscaped to the L-2 general landscaping standard,which is addressed under Section 18.320.070.B of this decision.This standard is met. E. 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 shall be at least 6 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 as provided in Table 18.120.3. The applicant is not proposing any modifications to the walkways that were originally approved under Case Nos.SDR2005-00005 and VAR2005-00073.This standard does not apply. F. 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 shall 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 percent of the primary street frontage.When abutting public streets,parking shall be behind a landscaped area constructed to an L-1 parking lot screen standard. The minimum depth of the L-1 landscaped area is 8 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 defined in Chapter 18.320, Landscaping and Screening. (Ord.17-22§2) Staff reviewed the applicant's plans to determine that no on-site parking is easily visible from surrounding properties or the public right-of-way. Parking for each dwelling unit is provided by either a two-car tandem garage that is completely enclosed,or a single-car garage with a driveway that is only visible from i\1MD2018-00028 Oak Street Condominiums 13 a private street(either SW Akilean Terrace or SW Elena Lane).There are also five surface parking spaces located at the center of the development.These spaces are located at least 90 feet from the closest public right-of-way, and therefore, do not require additional screening. Therefore, the L-1 parking lot screen standard does not apply. The L-2 standard is addressed under Section 18.320.070.B of this decision. This standard is met. 18.670.080 Building Design Standards A. Compliance. All new buildings constructed in the MUC, MUE, and MUR zones within the WSRC shall comply with the following design standards.Variances to these standards may be granted when the criteria provided in Section 18.790.020 are met. The subject property is located in the MUR-1 Zone, and the Washington Square Regional Center Plan District.Accordingly, these building design standards apply. B. Ground floor windows. 1. Purpose. Blank walls along the street frontage tend to be neglected, and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security, and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from ground floor windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing elevations within the building setback (0 to 10 feet) along public streets shall include a minimum of 50 percent of the ground floor wall area with windows, display areas, or doorway openings. The ground floor wall area shall be measured from 3 feet above grade to 9 feet above grade the entire width of the street- facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50 percent of the ground floor window requirement may be met on an adjoining elevation provided the entire requirement is located at a building corner. This standard only applies to street-facing elevations within the building setback (zero to 10 feet) along public streets. Only the northern end of this development faces a public street (SW Oak Way), and the proposed buildings are set back at least 16 feet from the property line. This standard does not apply. C. Building façades. 1. Purpose. Straight, continuous, unarticulated walls lack interest, character, and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. 2. Standard. Façades that face a public street shall extend no more than 50 feet without providing at least one of the following features: a. A variation in building materials; b. A building off-set of at least 1 foot; c. A wall area that is entirely separated from other wall areas by a projection,such as an arcade; or d. By another design features that reflect the building's structural system. No building façade shall extend for more than 300 feet without a pedestrian connection between or through the building. Only the northern end of the development faces a public street (SW Oak Way). The applicant is not proposing any modifications to the design of the northern building facades that was originally approved under Case Nos. SDR2005-00005 and VAR2005-00073.This standard does not apply. MMD2018-00028 Oak Street Condominiums 14 D. Weather protection. 1. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. 2. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Only the northern end of this development faces a public street(SW Oak Way).The proposed buildings are set back at least 16 feet from the northern property line, and do not abut a public sidewalk. Additionally, the applicant is not proposing entrances on the northern building facades. This standard does not apply. E. Building materials. 1. Purpose. High quality construction and building materials suggest a level of permanence and stature appropriate to a regional center. 2. Standard. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, or vinyl siding shall not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The applicant did not provide details on the proposed building materials with this application. Compliance with this standard will be confirmed at the time of building permit submittal.This standard will be met. F. Roofs and roof lines. 1. Purpose.Roof line systems that blur the line between the roof and the walls of buildings should be avoided.This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls. The premise is that future buildings in the WSRC should have a look of permanence and quality. 2. Standard. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The applicant did not provide details on the proposed roofing materials with this application. Compliance with this standard will be confirmed at the time of building permit submittal.This standard will be met. G. Roof-mounted equipment. 1. Purpose. Roof top equipment, if not screened properly, can detract from views of adjacent properties. Also, roofs and roof-mounted equipment can be the predominant view where buildings are down slope from public streets. 2. Standard.All roof-mounted equipment shall be screened from view from adjacent public streets. Satellite dishes and other communication equipment shall be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. (Ord. 17-22§2) The applicant provided a copy of the proposed development's covenants, conditions, and restrictions (CC&Rs), which includes language prohibiting all roof-mounted equipment. Therefore, this standard does not apply. Furthermore, Case Nos. SDR2005-00005 and VAR2005-00073 included a condition of approval for the applicant to submit a copy of the proposed CC&Rs,with language prohibiting all roof- MMD2018-00028 Oak Street Condominiums 15 mounted equipment.This condition of approval is met. 18.670.100 Landscaping and Screening Two levels of landscaping and screening standards shall apply as defined in Chapter 18.320, Landscaping and Screening.The locations where the landscaping or screening is required and the depth of the landscaping or screening are provided in this title. These standards are minimum requirements. Higher standards may be substituted provided all height limitations are met. (Ord. 17-22§2) Landscaping and screening is addressed under Chapter 18.320 Landscaping and Screening of this decision. This standard is met. 18.780 Site Development Review: 18.780.050 Minor Modifications C. Approval criteria. The approval authority shall approve or approve with conditions an application for a minor modification when all of the following are met: 1. The proposed development is in compliance with all applicable requirements of this title;and This proposal complies or can be made to comply with all applicable requirements of this title, as demonstrated by the analysis contained within this decision,and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building process. This criterion is met. 2. The modification is not a major modification. The applicant is not proposing any of the changes outlined in Section 18.780.040.B. Therefore, this proposal is not a major modification. This criterion is met. 18.920 Access,Egress and Circulation 18.920.030 General Provisions C. Joint access. Owners of two or more uses, structures, or lots of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or lots of land meets the combined requirements of this chapter,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements,leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the city. The applicant proposes to jointly utilize SW Akilean Terrace and SW Elena Lane (private streets) for access and egress with the adjacent property to the south (Touchstone Townhomes at Washington Square; WCTM 1S135AA, Tax Lot 70000).The applicant submitted satisfactory legal evidence in the form of a signed reciprocal easement and maintenance agreement to establish the joint use of these private streets. The applicant does not propose any other modifications to the access, egress, or circulation that was originally approved under Case Nos. SDR2005-00005 and VAR2005-00073.This standard is met. Attachments: Attachment 1: Approved Plans Attachment 2: Clean Water Services,Written Comments dated August 16, 2018 Attachment 2:Tualatin Valley Water District,Written Comments dated August 1,2018 Attachment 3:Tualatin Valley Fire and Rescue,Written Comments dated August 16, 2018 MMD2018-00028 Oak Street Condominiums 16 SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division,Engineering Division,Police Department,and Public Works Department were sent copies of the applicant's proposal,and had no objections. SECTION VI. AGENCY COMMENTS Clean Water Services (CWS) issued a Service Provider Letter (CWS file 17-003407) to determine this proposal will not significantly impact the existing or potentially sensitive area(s) found near the site. The agency also submitted written comments,dated August 16,2018,requesting a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization. This request has been incorporated into the Conditions of Approval. The City of Tigard and CWS have an intergovernmental agreement stating that the city will ensure implementation of CWS Design and Construction Standards; therefore, this approval is conditioned to satisfy CWS requirements. Tualatin Valley Fire and Rescue(TVF&R)was sent a copy of the applicant's proposal,and responded on August 16, 2018. TVF&R endorsed the proposal, predicated on criteria and conditions of approval regarding Fire Apparatus Access, Firefighting Water Supplies, Fire Hydrants, and Building Access and Fire Service Features. The complete comments can be viewed in this land use case file (Case No. MMD2018-00028). Tualatin Valley Water District (TVWD) was sent a copy of the applicant's proposal, and responded on August 1, 2018. The agency requested the applicant resubmit plans for review, in compliance with 2018 TVWD standards. The complete comments can be viewed in this land use case file (Case No. MMD2018-00028). SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A minor modification is a Type I procedure.As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON NOVEMBER 5, 2018, AND BECOMES EFFECTIVE ON NOVEMBER 6, 2018. Questions: If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS(a7tigard-or.gov. ✓� .- November 5,2018 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee MMD2018-00028 Oak Street Condominiums 17 ATTACHMENT 1 REUENED OAK STREET , �,,� 8 11 MINOR MODIFICATION PLANS JUL 1 z� 71 CITY OF 11GARD J ) ) r-_ / — _ _ _ F$l af�14ING;'��C!IvFR. ttiG - ll a_7 .:7Etlt 11 r ,�y� APPLICANT it....:E I [ I.._f.� •-, ..._ AwaogisT racsr -. -.•� L_� I O'NE 8915 STREET. UTE 1170 ,:8 -_.. I I-..�_. 1 .......... L VANC�I,YCR.WA 98E82 .�9 ii/j/i 7 i I / 0. l f'-._L_ r CML ENGINEERING/SURVEYING/NATURAL 73 INOJAREORJSTIATURAL O +J d -� flESOURCE/PLANNINC�IARBORIST/LAN06CAPE I- __ Iy � ARCHITECTURE FIRM 1J l ■ �. `e6$ .. PRUFCfr9TE li ... • !! !1iw 0 I ASFNGNEERINhFORESTRYLLC. w I 12965 SW HERMAN ROAD,SUET 100 i JJ II 2 '. I I 1�,..../...,--i .... I d it�'}''-t iEt ,fil i TUAU':4{OR 97052 CO O J....... �J -J ( ' � �II�CIF-Ili.'711..Il.Ir-�I`.I��14.`Jy Rt 503-563-6151 he a 7 L.. - —1- - Q Z wartanar I, ._J) �� _I ___!----.1 -- °tea fr VICINITY LE SITE MAP Fa NOT TO SCREE .•=G7 D]SIE9 LEGEND CITY OF T 1GARDa Hw . o . �. � pproved by Planning N a 1. , ; Si.SE•31.11at o SHEET INDEX Date: //1 /1S F g ftiw RaoFal 11 L R rOa n i GI 1103,4 O. o •••• a r`.rF rua.1rt oJ.�rF.o1, ... POI 03•132 SLEET A1111 STE ANO VICINITY MAPS nitlalS: .all aaa wYc as Ma Pru . PO7 PPEUMNAR0 EAI5ING CDNOIDONS PLAN u x w.1.[ I ,{ wwoo I PO3 PPELMRJARR SITE PLO. wW Z wi""SE.11.1"1 our o • Papa Lrc'4i 1111 • PO4 Pin'W 90 LANDSCAPE PUNTING PlAll =V WORM Saa Iw.nx o ■ Iva Mask co> sa T C....�"1` PROJECT LOCATION: 8875 SW OAA STREET > STBT Marr . mmAra.11.6 at.k • ao 9110 xOrs.erg • IA;AND.OR 97123 CC 0W PROPERTY DESCRIPTION: -x LOT 3800(WA514G10N COUNTY ASSESSORS >< A ma a-ar tri _EI�IG_— ___ _619F1612 __ NAP I5 35AA)LAND'-MATED N THE 0 NORTHEAST ONE-QUARTER OF SECTION 1,n.�urue (,) MOM,a[ TD7NSH1P 1 SOWN,RANGE 35 TOP WILLAMETTE 101)IAN.PAMION CLARITY COMO( x*+m r•. _mss d�1 ' EXISTING LAND USE: Una JO RESIDLNRAL-1,MUR-1 pa.°A" — •al tun Ica a r.+ont -_... PROJECT PURPOSE: NNCR 4008108004 PLANS 10 640110 o+x"' 33'1u'' farAtrr Ma LW PROPERTY IATA USE/S'AFF REPORT R'u,1 �.._.. a,13.as ................. DATUM: 'VERTCAL DATUM.ELUTIONS ARE BASED L ME .-...-... _,.� ON WAS-1110101.COUNTY BENO6IATR NO -am,,, r a2inrm WE _-..,.._-..... ..... 921.ELEVATION,,,169.82 FEET(N0VD 29). : .1!.' 45 IIF -_-••-- __w- .-..-_w—o�_..�-COAVICATOG La .- -. .._....._..— 1 JOB Mad. ra L _----.,...---`r- _."91 6279 P01 1 • 1 -- -- ,9 ,. BW OAK WAY N .ii Ml trak • ,•: ��'/_1:r Rl' 1 9Nf 1#D;!`sl pp��I''yy,,ft$$ +fin �ry LI.r W NE it- F.snow Ditl'if II usnw mle ppioY"ed y !arming 1 I -+ I. 1_ o-,ro; ate. 6.4s24 oulozli LA :11 c 17- g NDS 2 09 — Is Immo A9 LMA•NNW La PEE CU EICENOWENE VANE mr...., W 2 MA E Ear MODS ITIEGE•HODS•,EE.THEE ENSILE, .I II I( 1 Pe SUWON walla toowar Ira sr mum. IOUIISI6.f411r7EOlSOI1l5MllVG- L9f"Tla''91""LE'EESEIIYr ALL''''' 'L'•'. ,---4--1_._Llii____ I Eaoroa aax m aa.rc maul.! + �N_ .°nSS i .al.E.1...-.rLm1a1 li-Il ML...1111 IL O 'lt lDT all O S.I h or S E r..WA ELDON.MC LEE a...Llai he ❑ Mr Yw•s >vA Et w�ii au I>r'1J+1 "moi -IL-.._ man i0O.Ib m.Ern..MILL F.,y.av Q Z 1FKF(o;tn I O w S ! C'IM- O �.-i I-. r y.'-1Pt 1^•:t . M:W OR3 WI CD6SIJS A NOME WSnLY•9R.R. O U ra 1 ' C NI, pIi'I Yai Ma S SEM ii Ell wD.ERM1G9 SON MO MI:AME a' I I 1- <,.J ! �, r4:11---,. ,_:.rn ur mm,-t(luno EN ouyas IlaNxc CD Ile.mlt:,u Fc.In:I# l.!—I I�� 1.. I i'. xn! f pm.7ia.'a n•w FC 1 ,II FA SY1 W _-- -••__ I.f IM ._ ___ -- _- -_[.SA .i 1 r I L beO LEN EAU 01'MO EWE MFSIO.I la WAVE WE CELLEILE EC E.INISPUTEN*FE ....,t I I I I �•SSr*^rh-�Ir �b 5 use,'1>wa u+L..ore• (� -,;';`1:-.7..1,“ d 1 vr,t �.-." -."n:i Ai v 7 I 4"" Rxr,n n Z f..1117 Yn mx(frvt I / III"I EA 10.•13E7 F Z 'EEC .lu•moire lx sra� .aL.nx(1SA \ I I II i I - 1a11H nr nm Q EEe•.n SS ':qM EYl 1.._.,.11.I N J C NE cuaF T. 1 1015 - 1 I E 1.SW:- � ^ H.2p iNl 5T -'-.- » y I U I.'.SRIt ..L RtP'Nn I Ew TMO - II•,IIllia nr lW sl iv k•E.1-:'.-.;J-EtHJE•.1_/- 4 ,iV'i . 1._ I YIMnrWl Jltl- - i - •j- - r W 11 OEC 0 1 r 1 I I.',w w._ inw" T ialw-�1 I I• I 1 L ---u nrw Z !.11. CA E:I. (W !L •.1 II 'I 1 Cu IN. x� i ." '': I.[_1 EN mn{m; salt �'!` I,' I 1 1 I,...1'f.sL.N _ San•161.1:•'19 li W U `...... ..tME r ia�Slt fi I P2.lu Yw w1a I El—. y w-. _ _w __w__--..- r. T.-I- r> _ , P M IIII% Ewa-YA $SE.1'.=MY I - [.- C INI 112-7,1 I .E.ITLIID(n / ENE.la El ..... __. 11 . __ SMOAK STREET E I •.---- ..____..__----frY'. w h. ilitt,;,,jaz t '�v` le.11I .7.it'> e.Ltr < w tl LC C.um 1.1'10 S I 7 _ -,Zw '�' E.r 1SM 3M re mail `.A OSA(YIC 5'_.I( CI FEET .Mic;ni �-i 6279 it Olt+sla p, tt LZ.„ WEE, P02 ., OW OAK WAY N lw _____ d In n 1 um ,1 I Y OF TIGARD , iie, 0 1 , i ,pproved by Planning liOi ii Li. c.:". E...-i' 1 L u I Date: nitias: ilks 0, ... — cc, F- cn ci w 2 [ I .1----- "--- PARKING 11.1 i § ! k...3..-, 1...L.L: .. cli.1 cr. I FI, Y 0 < 2 _ID .1:..1 1 rITI CI 0 8 avy-i----7-----,:—.1— - [ 1 i f i-i!ii 1.1 b-T-FI-IA- -H-1- Ti'H H I : —I— z < -i LJ!U Li i Li I U ti LI LI 1 u ,..yri P rD I D- k 11 -1f-14 d 11 PA—C-4 l''' ift_T-3) I IIJ >. 1 ....._ ---I 4 Z I SIN ELENA UWE 1 I :I w I 1 CC Q. i SW OAK STREET I 12C' A, -A SCALE 1 2C FEET .nbor ri""?.?iineli A 6279 P03 ATTACHMENT 2 CleanWiter Services RECEIVED MEMORANDUM AUG 2O 2018 CITY 7C-ARD PLANNINLJ` ,.,�ali\jEER(NG Date: August 16, 2018 To: Lina Smith,Assistant Pla r, City of Tigard From: Jackie Sue Humphreys, lean Water Services (CWS) Subject: Oak Street Condominiums Phase 2, MMD2018-00028, 1S135AA03800 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PLAT RECORDING A Clean Water Services (CWS) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for CWS Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 17-5, (or current R&O in effect at time of Engineering plan submittal), and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. c. Detailed plans showing the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 17-5, Section 4.05. Access shall be provided for maintenance of facility per R&O 17-5, Section 4.02.4. e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location,condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org f. If private lot LIDA systems proposed,must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance to the NPDES permit held by CWS. CWS,prior to issuance of any connection permits, must approve final construction plans and drainage calculations. I ATTACHMENT 3 TIGARD REQUEST FOR COMMENTS DA'Z'E: July 31,2018 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCSgtigard-or.gov MMD2018-00028 - OAK STREET CONDOMINIUMS PHASE 2 - REQUEST: The applicant is proposing to develop Phase 2 of the approved Oak Street Condominiums (Case Nos. SDR2005-00005,VAR2005-00073).The approval was originally for five(5)buildings with 46 units.Two(2)of the buildings with 18 units have already been constructed.The applicant now proposes to construct the remaining three(3)buildings with 28 units.LOCATION:North side of SW Oak Street,between SW 87h and 90th Avenues;WCTM 1S135AA,Tax Lot 3800. ZONE: MUR-1: Mixed-Use Residential 1. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.120,18.310, 18.320,18.670, 18.780,18.910, t-1(1 18.920. Attached are the Applicant's Materials for your review.From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation wil be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:AUGUST 14.2018. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible.If you have any questions,contact the Tigard Planning Division,13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS APPLY: VWe have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. V Written comments provided below: r S vtoUE rc-o f 10 1V'w) otq 1.1-)zoto- ?not Vz r�cr `nrIc TrIA LJ s v((v ‘r\\-O '0 , 1-v 1AJD )ria Name,Sz Number of Person Commenting: S k ru' c k tZi ''� St 1�ah.aAtt) wd'(' _1)-2,7_ i r � ATTACHMENT 4 www.tvfr.corn Tualatin Valley Fire & Rescue August 16, 2018 Lina Smith City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Oak Street Condos Phase 2 MMD2018-00028 Tax Lot I.D: 1S135AA TL3800 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received July 31, 2018. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. ADDITIONAL ACCESS ROADS — COMMERCIAL/INDUSTRIAL HEIGHT: Buildings exceeding 30 feet in height or three stories in height shall have at least two separate means of fire apparatus access. (D104.1) Building heights not provided in civil plans submitted. Width of road submitted at 24 feet will restrict building height to less than 30 feet. 2. 3. AERIAL FIRE APPARATUS ROADS: Buildings with a vertical distance between the grade plane and the highest roof surface that exceeds 30 feet in height shall be provided with a fire apparatus access road constructed for use by aerial apparatus with an unobstructed driving surface width of not less than 26 feet. For the purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of the parapet walls, whichever is greater. Any portion of the building may be used for this measurement, provided that it is accessible to firefighters and is capable of supporting ground ladder placement. (OFC D105.1, D105.2) Building heights not provided in civil plans submitted. Width of road submitted at 24 feet will restrict building height to less than 30 feet. 4. 5. AERIAL APPARATUS OPERATIONS: At least one of the required aerial access routes shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building.The side of the building on which the aerial access road is positioned shall be approved by the Fire Marshal. Overhead utility and power lines shall not be located over the aerial access road or between the aerial access road and the building. (D105.3, D105.4) 6. MULTIPLE ACCESS ROADS SEPARATION: Where two access roads are required,they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the area to be served (as identified by the Fire Marshal),measured in a straight line between accesses. (OFC D104.3) Command&Business Operations Center South Operating Center Training Center and North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-259-1500 503-259-1600 • 7. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1 & D103.1) 8. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING-FIRE LANE"and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 9. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width— no parking on either side of roadway 2. 26-32 feet road width—parking is allowed on one side 3. Greater than 32 feet road width —parking is not restricted Note: For specific widths and parking allowances, contact the local municipality. 10. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked "NO PARKING FIRE LANE"at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 11. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road,the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 12. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 13. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578 FIREFIGHTING WATER SUPPLIES: 14. COMMERCIAL BUILDINGS— REQUIRED FIRE FLOW: The minimum fire flow and flow duration shall be determined in accordance with OFC Table B105.2. The required fire flow for a building shall not exceed the available GPM in the water delivery system at 20 psi residual. (OFC B105.3) Note: OFC B106, Limiting Fire-Flow is also enforced, except for the following: • The maximum needed fire flow shall be 3,000 GPM, measured at 20 psi residual pressure. • Tualatin Valley Fire & Rescue does not adopt Occupancy Hazards Modifiers in section B105.4-B105.4.1 15. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) Commercial/Multi-Family 3.5—Page 2 • 16. WATER SUPPLY DURING CONSTRUCTION: Approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 17. FIRE HYDRANTS—COMMERCIAL BUILDINGS: Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the building, on-site fire hydrants and mains shall be provided. (OFC 507.5.1) • This distance may be increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler system. • The number and distribution of fire hydrants required for commercial structure(s) is based on Table C105.1, following any fire-flow reductions allowed by section B105.3.1. Additional fire hydrants may be required due to spacing and/or section 507.5 of the Oregon Fire Code. 18. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. Exception: Private fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507) 19. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1) 20. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 21. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312) 22. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 23. KNOX BOX: A Knox Box for building access may be required for structures and gates. See Appendix B for further information and detail on required installations. Order via www.tvfr.com or contact TVF&R for assistance and instructions regarding installation and placement. (OFC 506.1) 24. FIRE PROTECTION EQUIPMENT IDENTIFICATION: Rooms containing controls to fire suppression and detection equipment shall be identified as "Fire Control Room." Signage shall have letters with a minimum of 4 inches high with a minimum stroke width of 1/2 inch, and be plainly legible, and contrast with its background. (OFC 509.1) 25. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) If you have questions or need further clarification, please feel free to contact me at 503-259-1504. Commercial/Multi-Family 3.5—Page 3 Sincerely, PO/14,1, WO f John Wolff Deputy Fire Marshal II Email John.wolff@tvfr.corn Cc: A full copy of the New Construction Fire Code Applications Guide for Commercial and Multi-Family Development is available at http://www.tvfr.com/DocumentCenterNiew/1296 Commercial/Multi-Family 3.5—Page 4 Lina Smith From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Thursday, August 16, 2018 11:17 AM To: Lina Smith Subject: RE: Oak St Condo Phase 2 Hi Lina, upon further review I see that the building heights elevations were provided and do not exceed 30 feet at the gutter. From:Wolff,John F. Sent:Thursday,August 16, 2018 11:11 AM To: Lina Smith <LinaCS@tigard-or.gov> Subject: Oak St Condo Phase 2 Lina, Attached you will find TVF&R comments surrounding the Oak Street Condos Phase 2 MMD2018-00028. Thank you for the opportunity to review and comment on this project. John Wolff—IAAI CFI Deputy Fire Marshal John.wolff@tvfr.com 503-259-1504 .ADDITION.AL DOCUMENTS LENNAFt Community: Cornerstone Condominiums Subject: Narrative—Temporary Use Permit for Model/Sales Office. Lot 22, 8879 SW Elena Lane,Tigard,OR 97223 Applicable Code: Chapter 18.440 TEMPORARY USES Approval Criteria 18.440.030 Types of Temporary Uses C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a.The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and RESPONSE: A. The temporary sales office will be located INSIDE Lot 22 of the recorded plat of Cornerstone, Condition is met. b. Sales offices approved through the provision of this chapter may not be permanent. RESPONSE: B. The temporary sales office will be located INSIDE Lot 22 of the recorded plat of Cornerstone, Condition is met. 2. Model home. a.The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and RESPONSE: A. The model home will be located INSIDE Lot 22 of the recorded plat of Cornerstone. Condition is met. b. The property to be used for a model house must be a permanently designed dwelling structure. RESPONSE: B. Model home is a permanently designed as a home. Condition is met 11807 NE 99th Street, Ste. 1170—Vancouver,WA 98682 Office 360 258-7900 Fax 360 258-7901 LENNAR.COM I a - ' n g • -I T-7...--i--1X—÷--7----1-----Er-------7-1.. , ''I.• CITY OF TIGARD PLANNING AND ZONING INFORMATION (�� • TAX LAl`. 15128M03800 a 1MUM R q • L _J1.� SITE AREA 32.406 NO%D(0.74 AC) 226- MOON UNITS i/-!zoo soon ' b � ZONNR MO-MA 5a DECIMAL CIR PAWING REDUIED: 20 X 1.50-42 SPCS MAL BLDG catRRA,f a cox MN.LAIDSCAP61k 212%FAR:.60 PATIO PROMCIECt I i PR NW:2 S10RY MN.75 MAX. 46 SPACES+1 ADA SPACE-47 SPANS SEIBACIM N/A CN NINON PARCELS MAXIMUM Walt 50 UNITS/AC MAXIM 1U610 ALLOT 37 MAWS. S UNITSROESUM;FOOIPRNT: 15,540 SF PA481NYORANT LMXi1110NS Willi 150 MED VAI ST 3732 SF 12% r TOTAPAM SIDENAUCIt L 2.412 SF 4,156 S 7% 13Y L u SC PAWN SF �I 717fAt: 32406 SF 100% 1 SION IA=OUALJTY saw SOC. II I TAX LL BUILDING #5 L-' UNIT 22-MODEL D X200 ! LOWER LEVEL (UNITS 31-39) 414 ` LOWER- 114 SQ.FT. s7-9,' MAN - 550 SQ.FT. 4 — —"— —;.. UPPER- 536 SO.FT ..,..,...:,..:2:,:.,:,:.:,...,:.....„:„.:,-_-,m,TOTAL-1,200 SQ.FT. 'GARAGE-254 SQ.FT. r ...iii6unuo 1r © 1II 1 1ICzi--:!:.1 '��' ' BUILDING#4 I:;;:� ___a=ti[i=: -1111_ ", �LcLI (UNITS 23 30) :I `i I � a1�``��:'Cli[; AX'LOT, �ji1_ Itu I TAX LOT cx s3A DO 1 _ � 3900 I: a ® =10( 1 1 3 �lY li$ .° C • % 1:_, UNIT i_ . i i.:. II 22 i P�•= I% g ; l BUILDING#3 i I� -,•:--.7..-u[i I. .; 1 niiniii•;i7:I (UNITS 12-22) r__1 ® :: Im I- - I �1«, 156'-0• ,as 5o _ _ il INK::: 1,:::::.:..,..:,.........„:-.,.,.,....,,...„.,..4....: -- 4 _ she N'P vv��mmgqp�,��eeoo��,•iG Awa�.l:IC9 L C 1!i:Ii 0A 'Bt.R' [EAR 1'- ': ar �- :" ,Wiiell1 91 C0 INN',Pl,.Slife;;Nit®iiiiii ;; / / .LL R 1 I � ' — 4 4 �.,•:/ fn 1 �� 7.00' i:z: Wt Int lilt IW IIuI. L_N[I i 1 ,r--�- I Y as ■,. E!J s iz W i s -,a,,,, ,,,. 1 low �I . {ItiJV vial [=1n[1E: 1 iii. p,� it --- -f/ I Int 151.,_ Mat IMalaalt _tpall1M 4,,�"/ss; u1 . I ■ TYP.(2)j'PVC INDMDUAL '` • % ��' UNIT SERVICE ON 1'YOKED „Tif; ii �^ nl .. ., m. ^ t5. 7 1 f Uw U�wU �w ,;� PVC SERVICE UNE r. ` �__ MILOz. -—•-=-`—_.__ _---hiss•--------i—.. ..-- .� _ 1 --� _ SW ELENA LN.TA.X 16 T -� I ■ 0--__ . _ . . ____ 391j � 1 1 ■ E,,:::an, me WE MN i air-...7.>: i _ I i glralillilli IItimii O i'.:••••••-•,,,,;. ,r -` 4' - • 7k@Y : 1.i. ? ::: z.�',„„„/„„ .:.--,.:,.:-:-.,:i.:(:::.,, „. CL OF SW ELENA LN. SITE PLAN SCALE:64" = 1'-0" N LOWER FLOOR PLAN FOR BLDG #3, UNIT 22 SCALE:6" = 1'-0" DATA: ISSUEDS !co ISSUE DATE: 05/03117 SUBMISSION A PROPOSED PROJECT FOR: „ OrCI11tCCtUI C/planning Ilc JOB NUMBER: 10107.02 01/25/2019 163256=14.F.,Rand,SWb 2117 W501434.0337 Amexen in .Architects DRAWN BY: SAF,CCM _ LENNAR—VANCOUVER I,k.o..a0a,or.ym s7o3s awn rvcaRs Al 11 8879-8933 SW ELANA """"°"" `°" TIGARD,OR 97223 we.ddeo201e SHEETS TOTAL w...r.+nce.e...a...........w.,a-a..yr,w.,4....... ■ �meMA.�a+a mei m.a.a.ti/nlumb-Nva�.�bwroew uea..i Pd��rlLs rW.N W.Ve6eE VI-N-,wvM1 LENNAR Narrative: The Model home and sales office is intended for new construction inside LOT 22 of Cornerstone. The model will be fully designed as a home. The sales office will be temporary arrangement of furniture to facilitate the sales of the homes in Cornerstone. 11807 NE 99th Street, Ste. 1170—Vancouver, WA 98682 Office 360 258-7900 Fax 360 258-7901 LENNAR.COIVI