12/05/2016 - PacketPLANNING COMMISSION AGENDA – DECEMBER 5, 2016
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 1
City of Tigard
Planning Commission Agenda
MEETING DATE: December 5, 2016 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING CONTINUED FROM NOVEMBER 14 7:05 p.m.
TRIANGLE MEDICAL OFFICE BUILDING PLANNED DEVELOPMENT-
PLANNED DEVELOPMENT REVIEW (PDR) 2016-00011; SITE DEVELOPMENT REVIEW
(SDR) 2016-00007
REQUEST: The applicant requests concurrent Planned Development Concept Plan and Detailed
Development Plan review for a 36,000 square foot medical office building on a 3.73 acre vacant parcel
located southwest of SW Dartmouth Street and SW 72nd Avenue. Proposed site improvements include a
single-story building with surface parking taking access from SW Dartmouth through the eastern access to
the adjacent Walmart development. A pedestrian path is proposed through the site from SW 72nd to the
Walmart parking lot. A vegetated corridor along the northern property line is protected and improved.
LOCATION: SW of the intersection of SW 72nd Avenue and SW Dartmouth Street; Washington
County Tax Map 2S101BA, Tax Lot 00300. ZONES: C-G: general commercial district, with planned
development overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.350, 18.390, 18.520, 18.620, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810.
6. OTHER BUSINESS 8:35 p.m.
7. ADJOURNMENT 8:45 p.m.
EXHIBIT A
City of Tigard
Memorandum
To: Calista Fitzgerld, President, and Planning Commissioners
From: Tom McGuire, Assistant Community Development Director
Gary Pagenstecher, Associate Planner
Re: Triangle Medical Office Planned Development (PDR) 2016-00011
Date: November 28, 2016
On November 14th the Planning Commission deliberated the Concept Plan and took a poll that favored
approval of the plan. Deliberation of the Detailed Plan resulted in a request for additional information
from the applicant.
Testimony received from the applicant and the neighbor’s representatives are dated November 21, 2016
and are attached to this memo:
Bateman Seidel Letter with exhibits.
AKS Letter with exhibits + Lancaster Engineering Addendum #2 + Wireframe exhibits.
Additional testimony by Dana Krawczuk was received on November 28, 2016
Krawzcuk Letter
AKS Memorandum
The Planning Commission continued the November 14th hearing until December 5th for the purpose of
reviewing additional testimony, continued deliberation on the detailed plan, and voting on both concept
and detailed plans.
133685021.2
Dana L. Krawczuk
DKrawczuk@perkinscoie.com
D. +1.503.727.2036
F. +1.503.346.2036
November 28, 2016
VIA EMAIL
Gary Pagenstecher
City of Tigard
Community Development Department
13125 SW Hall Blvd
Tigard, OR 97223
Re: Base Camp I, LLC’s Testimony in Support of Cancer Treatment Center Project
Detailed Development Plan
Dear Mr. Pagenstecher:
As you know, this office represents Base Camp I, LLC (“Base Camp”), the applicant for a cancer
treatment center (the “Project”) located at the corner of SW Dartmouth Street and SW 72nd
Avenue, on Tax Lot 300 (the “Site”). This letter is Base Camp’s response to the November 21,
2016 testimony from Bateman Seidel on behalf of Mr. Martin, the adjacent property owner, (the
“Bateman Letter”).
Our response is brief because the issues in the Bateman Letter have been previously raised and
thoroughly addressed in our testimony and evidence. Out of respect for staff’s and the Planning
Commission’s time, we will not repeat our previous responses, other than a brief summary of
responsive measures we have taken. Only new responses are included in this letter and the
attached letter from the Project’s engineer.
Summary of Issues
The applicant has provided an abundance of evidence and analysis related to the required
vehicular connection, and the feasibility of the portion of an extension across the Site.
The applicant has met with the city and Mr. Martin to demonstrate and advocate for
parking lot connectivity to avoid concerns that a road must extend through Mr. Martin’s
property in the future.
The applicant has provided a pedestrian path that complies with the code.
The applicant has addressed Mr. Martin’s concerns regarding grading.
Gary Pagenstecher
City of Tigard
November 28, 2016
Page 2
133685021.2
The applicant has addressed the Planning Commission’s concerns regarding safety and
height of retaining walls by providing tiered walls.
The applicant has added a wetland viewing area in response to Planning Commission
feedback.
The applicant has modified the east façade of the building and related landscaping in
response to staff feedback.
The applicant has demonstrated that other site plans impact wetlands and buffers more
than the proposed plan, which prioritizes protecting wetlands and buffers over the
protection of slopes.
Drainage and Vegetated Corridor
The attached AKS letter details how additional stormwater will not be directed onto Mr. Martin’s
property, and offers two additional measures to provide Mr. Martin further comfort. AKS’s
letter also details how no new wetlands will be created on the Site, but even if they were, it
would not result in any setback or vegetated corridor buffer requirements on Mr. Martin’s
property if Mr. Martin’s pending application to fill existing compensatory wetlands on his site is
approved. CWS Design and Construction Standard 3.11.
Pedestrian Connections
The proposed pedestrian connection complies with the design option in TDC 18.620.020.A.1
because it provides a public easement at an interval that does not exceed more than 330 feet.
The connection provides an alternative route for pedestrians, and adds to the area’s connectivity
fabric. The respective distances between potential points of travel are irrelevant. The Project
includes an ADA compliant connection between a public way and the building entrance, as
required.
Alternative Site Plan
Mr. Martin advocates for an alternative site plan that fills a wetland and encroaches into a
vegetated buffer. On balance, we believe that the Project, as proposed, better addresses all of the
approval criteria, including maximizing protection of natural resources. The Project also
responds to the patient-driven needs of an easily accessible state-of-the-art treatment facility.
Conditions of Approval
Gary Pagenstecher
City of Tigard
November 28, 2016
Page 3
133685021.2
The Bateman Letter includes as an attachment suggested revisions to conditions of approval.
With the exception of the requested stormwater easement, none of the requested changes are
appropriate, for the following reasons:
No Condition (1) – the evidence demonstrates that stormwater drainage will not
adversely affect Mr. Martin’s property. All grading and stormwater control measures
must meet City standards. No condition is required.
No Condition (2) – the building code requires that the pedestrian access to the building
must comply with ADA standards. No condition is required.
Condition 15 – the City cannot condition the applicant to construct improvements on
private property not owned or controlled by the applicant.
Condition 17 – no code citation for additional width of access has been provided.
Condition 24 – the applicant agrees to provide Mr. Martin a stormwater easement over
the Site.
No Condition (3) – Mr. Martin requests a sanitary sewer connection over the Site to serve
his property. Mr. Martin has access to a public sanitary sewer main and easement located
within Wal-Mart’s property.1 The Site does not need to provide a second public sanitary
sewer connection to Mr. Martin’s property. No condition is required.
Conclusion
No legitimate legal or evidentiary basis has been identified that warrants further delay to the
Project or a denial. The Project’s application and supplemental materials have been thorough,
responded to issues raised by the Planning Commission and staff, and we have worked with Mr.
Martin to the extent possible. We respectfully request that the Planning Commission approve the
Project on December 5, 2016.
Very truly yours,
1 As shown on the March 15, 2016 Wal-Mart as-built drawings, an 8” diameter public sanitary sewer main within a
15’ public sanitary sewer easement was extended to the west property line of the development as well as the
property to the south. Based on the as-built drawings, two 8” diameter stubs were extended from the main to serve
each parcel. Furthermore, the above-mentioned public sanitary sewer was extended through Wal-Mart as there is no
feasible sanitary sewer within the limits or frontage of the Project Site that could be further extended to serve
Mr. Martin’s Property.
Gary Pagenstecher
City of Tigard
November 28, 2016
Page 4
133685021.2
Dana L. Krawczuk
DLK:dlk
Enclosure
133685502.1
November 28, 2016
Gary Pagenstecher
City of Tigard
13125 SW Hall Blvd
Tigard OR. 97223
RE: Response to November 21, 2016 Bateman Seidel Letter
Dear Gary,
This letter is in response to the drainage and wetland comments presented by Mr. Kabeiseman on behalf of the
Gordon R. Martin, Trustee of the Tri-County Center Trust (“Martin”). As you know the design team has been
attempting to accommodate Mr. Martin and the owners of the property to the north known as Tax Lot 100. In
our last submittal, we proposed to pull the grading even further from the property line to appease the neighbor.
In re-grading the area, a low point up against the proposed retaining wall resulted in order to minimize the
heights of the retaining walls on the development site. Our proposal was then to install a catchbasin in the low
point to collect any surface runoff to that area.
With the latest comments about removing the 187 contour, we can provide the following options:
1. Remove the 187 contour as requested and construct the retaining wall to match existing grade. This
will result in taller walls in this area on the order of 2 – 3 feet; or
2. Regrade the area such that there is a swale between the property line to the north and the retaining
walls to the south. The center of the swale would be located approximately 15 feet south of the
common property line. This should result in shorter wall heights in the area.
We recommend option #2 as it gives the most design flexibility while continuing to ensure that drainage will
not be directed toward the property to the north. The final details will be reviewed and approved by the City
Engineering and Building staff as part of the final construction permit approval.
Mr. Martin also continues to refer to concerns that the development may create additional wetlands within 50 feet
of Tax Lot 100. We believe this is in response to CWS required Vegetated Corridors associated with wetlands. It
is known that Mr. Martin has submitted a wetland fill/removal permit application to the DSL/Corps to fill
wetlands on Tax Lot 100. That application included proposed retaining walls of up to 6.5 feet in height right on
the common property line. If the requested wetland fill/removal permit is approved, then any vegetated corridor
buffer requirement is eliminated. Per section 3.11.a. Wetland Fills of CWS code “A vegetated corridor of
zero (0) feet in width shall be allowed along the edge of a partial wetland fill”. We are confident that the grading
plan will not create a wetland on the development site. However, even if in the unlikely event additional wetlands
are created on the development site, if DSL/Corps approves filling Tax Lot 100’s wetlands, there will not be a
vegetated corridor extending from the project site onto Mr. Martin’s property.
Thank you again for your assistance with our project and we look forward to our next hearing.
Sincerely,
AKS ENGINEERING & FORESTRY, LLC
Chuck Gregory, PE - Associate
November 21, 2016
Gary Pagenstecher, AICP CUD
Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Triangle Medical Office Building – PDR2016-00011/SDR2016-00007
Dear Mr. Pagenstecher:
Thank you again for your time in meeting with our team to assist in making this project, one the Tigard
Community can be proud of and enjoy. This letter and attached documents have been prepared to
provide additional materials supporting our application based on discussions and comments with the
Planning Commission. Please incorporate this supplemental information into the record so that it may
be considered at the next public hearing.
As discussed at the November 14, 2016 hearing, we heard questions and suggestions from the Planning
Commission members and understood they would like additional information or consideration on the
following:
Enhanced space to view the wetland/vegetated corridor
Safety and height of retaining walls
Additional pedestrian access to front door
Soil mass for proposed street trees
Questions relating to the use of the facility and if the medical use tenant is for real and
potential repurposing of the facility as it relates to site specific needs and long term specialized
use of the site
Based on those comments we offer the following:
We have incorporated a design of three, 24-inch-wide basalt seating stones of various lengths.
They will be stepped down from the back of sidewalk elevation to give pedestrians additional
distance/separation from traffic and allow for closer proximity to the wetland/vegetated
corridor area.
With regards to the heights of the retaining walls, please recall, we have prioritized preserving
the natural areas by not filling the wetlands. Rather, we have chosen to create and enhance the
buffer, thus requiring site retainage. We are unable to effectively raise the site, therefore,
retaining walls are necessary along the south side of the property. We have worked extensively
to minimize the visibility of the retaining walls from public view
In response to Commission safety concerns, to offset the visibility of the walls and to add
interest to the visiting clientele and pedestrians on the southern pathway, we have stepped the
retaining walls adding a lower retaining wall adjacent to 72nd Avenue such that wall heights
Triangle Medical Office Building– City of Tigard November 21, 2016
Detailed Design Plan—Supplemental Information Page 2
along 72nd Avenue will be no taller than 16 feet. Both upper and lower walls will provide space
for the L1 landscaping with shrubs, ground cover, and trees at various heights as requested by
Planning staff as well as provide separation between the sidewalk and walls.
At this time, we have not incorporated a second pedestrian access way from the southern
pathway to the building front door. As discussed at the November 14th Planning Commission
meeting, this specialized medical facility will not attract members of the general public walking
along the street.. All patients have predetermined appointment times and are likely to arrive by
vehicle, given their medical condition. Therefore, the additional access which would require the
construction of costly stairs and railing systems, provides no benefit to the site, nor to the
public.
The planters at the street side elevation and the lowered retaining wall are designed as
continuous planters providing sufficient soil mass to support their growth as required by the City
of Tigard Urban Forestry Plan.
The Applicant has signed a long-term lease with Compass Oncology, a specific medical
treatment provider that is expected to operate the oncology center for a long time to come.
With this provider comes specialized construction and tenant space build out to accommodate
among other things large medical equipment.
Attached are several revised plans as well as additional renderings depicting the changes discussed
above. In addition, as requested by Commission President, we will provide and present a sketch-up
model at the December 5th Planning Commission Meeting where we can review and discuss site and
building massing.
Furthermore, we request that condition of approval #17 be modified with the language discussed in our
November 14, 2016 letter. We also requested removing conditions of approval 6, 8, 9, 10, 11, 12 and 13
as we believe they are no longer needed because the criteria have been satisfied.
We will be available to answer any questions on these materials and findings at the December 5th, 2016
Planning Commission hearing. Thank you for your help on this matter.
Sincerely,
AKS ENGINEERING & FORESTRY, LLC
Chuck Gregory, PE – Associate
Attachments:
Entrance Approach 1
Entrance Approach 2
Entrance Approach 3
Retaining Wall Approach
Planter 1
Planter 2
Accessway
Preliminary Grading Plan (Revised Sheet C070)
Preliminary Site Plan (Revised Sheet C100)
Landscape Plans (Revised Sheets L100, L101, L102)
Entrance Approach 1
Entrance Approach 2
Entrance Approach 3
Retaining Wall Approach
Planter 1
Planter 2
Accessway
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C100PRELIMINARY SITE PLAN
BICYCLE PARKING
TRASH SW 72ND AVENUEENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGTRIANGLE MEDICALOFFICE BUILDINGTIGARDOREGONL100PRELIMINARYLANDSCAPE PLANPRELIMINARY
NOT FOR
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PLANT SCHEDULE
ENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGTRIANGLE MEDICALOFFICE BUILDINGTIGARDOREGONL101PRELIMINARYLANDSCAPE PLANTSCHEDULE AND NOTESPRELIMINARY
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CONSTRUCTION
GENERAL LANDSCAPING NOTES:
TYPICAL STREET TREE PLANTING DETAIL1
L101
TYPICAL GROUNDCOVER PLANTING DETAIL3
TYPICAL SHRUB PLANTING DETAIL2
L101
L101
1-STORY 36,000 SFFF ELEV = 204'
VEGETATED CORRIDOR ENHANCEMENT PLANT SCHEDULE
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·ENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGTRIANGLE MEDICALOFFICE BUILDINGTIGARDOREGONL200VEGETATED CORRIDORPLANTING PLANPRELIMINARY
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CONSTRUCTION
West PerspectiveW1Wireframe Massing Model
West Perspective - EnlargedW2Wireframe Massing Model
BICYCLE PARKING
TRASH SW 72ND AVENUEENGINEERINGSURVEYINGFORESTRYNATURAL RESOURCESLANDSCAPE ARCHITECTUREPLANNINGTRIANGLE MEDICALOFFICE BUILDINGTIGARDOREGONL100PRELIMINARYLANDSCAPE PLANPRELIMINARY
NOT FOR
CONSTRUCTION