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CUP2017-00004 Decision - SW Atlanta Storage120 DAYS: 3/2/2018 DATE OF FILING: 1/9/2018 DATE MAILED: 1/16/2018 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT(CUP2017-00004 /SDR2017-00004/ ADJ2017-00015) Case Name: ATLANTA STORAGE FACILITY Applicant’s / Owner Name/Address: Trailblazer Development LLC / 333 S State Street, Suite V-144, Lake Oswego, OR 97034 Address of Property: North side at Terminus of SW Atlanta Street; WCTM 1S136CD, Tax Lot 01501. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW, AND ADJUSTMENT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT’S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION’S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON JANUARY 8, 2018 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACT, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request:  The applicant is requesting a conditional use permit approval for the construction of a five story self-service storage facility located on a vacant site on the north side of SW Atlanta Street. The applicant is also requesting a site development review approval for a reduction in off-street parking and bicycle parking requirements and an adjustment approval for a reduction to minimum driveway spacing. At the duly noticed public hearing on January 8, 2018, the Hearings Officer approved the Conditional Use Permit, Site Development Review, and Adjustment subject to conditions of approval. Zone: C-G: Commercial zoning district: Applicable Community Development Code Chapters 18.330, 18.360, 18.370, 18.390, 18.520, 18.620, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810 Action:   Approval as Requested  Approval Subject to Conditions  Denial Notice: Notice was mailed to:  Owners of Record within the Required Distance  Affected Government Agencies  Interested Parties  Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON JANUARY 16, 2018 AND BECOMES EFFECTIVE ON FEBRUARY 2, 2018 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 1, 2018. Questions: If you have any questions, please call the Associate Planner Monica Bilodeau in the City of Tigard Planning Division at 503-718-2429 or AgnesL@tigard-or.gov. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Jeb Koerner for ) F I N A L O R D E R approval of a Conditional Use Permit to construct and operate a ) CUP 2017-000041 120,252 square foot, 950 unit, self-storage facility at the eastern ) (SW Atlanta terminus of SW Atlanta Street in the City of Tigard, Oregon ) Storage Facility) A. FINDINGS AND CONCLUSIONS 1. The applicant, Jeb Koerner, requests approval of a Conditional Use Permit to construct and operate a five story, 120,252 square foot, 950 unit, self-storage facility on a 1.0-acre parcel located on the north side of SW Atlanta Street at the eastern terminus of the street. The legal description of the site is Washington County tax map 1S136CD01501 (the “site”). The site and abutting properties to the north and west are zoned C-G (General Commercial). Properties to the south and east are zoned TMU (Triangle Mixed Use). The applicant also requests Site Development Review for reductions in the off-street and bicycle parking requirements and an Adjustment for a reduction to the minimum driveway spacing. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated December 21, 2017 (the "Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner (the “hearings officer”) held a duly noticed public hearing on January 8, 2017 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner Agnes Lindor testified on behalf of the City and summarized the Staff Report. b. Planner Kate Rogers testified on behalf of the applicant, Jeb Koerner, and summarized her PowerPoint presentation illustrating the proposed development. She accepted the findings and conditions in the Staff Report without corrections or objections and waived the applicant’s right to submit a final argument. c. No one else testified orally or in writing. The hearings officer closed the record at the end of the hearing and announced his intention to approve the application, subject to the conditions in the Staff Report. 1 This Final Order also addresses SDR2017-00004 and ADJ2017-000115 CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 2 3. City staff recommended that the hearings officer approve the application based on the findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those findings and conditions without objections. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the findings in the Staff Report as support for this Final Order. 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed development does or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. Therefore the application should be approved subject to such conditions. B. ORDER In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 (SW Atlanta Storage Facility), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Agnes Lindor, 503-718- 2429. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 3 3. Prior to site work, the applicant shall submit to the city, the applicant shall provide a tree establishment bond for all trees to be planted in accordance with the approved urban forestry plan. The total bond amount shall be equivalent to the city’s average cost to plant and maintain a tree per the applicable standards in the Urban Forestry Manual for a period of one years after planting multiplied by the total number of trees to be planted and maintained. The bond shall be for the 10 newly planted trees. 4. Prior site work, the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation. The fee shall be for the 10 newly planted trees. 5. Prior to site work, the applicant shall pay a fee in lieu into the urban forestry fund for four street trees. 6. Prior to site work, the landscape plan shall be revised to show the tree (Elm) in the L-1 buffer, to be 3.5-inch caliper at planting. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Khoi Le 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 7. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facilities, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards:  City of Tigard Public Improvement Design Standards  Clean Water Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Fire Codes  Other applicable Utility District, County, State, and Federal Codes and Standard Guidelines 8. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facilities, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 9. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all public infrastructure work including storm water quality and detention facilities and any other work in the public right- of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. Engineering cost estimate of CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 4 water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov). 10. Prior to commencing of site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11. Prior to commencing of site improvements, the applicant shall submit plans showing the following items to Engineering for review and approval: SW Atlanta Street along the proposed development frontage shall be shown to have:  30-foot right of way dedication from centerline  18-pavement improvement from centerline  Pavement and road rock section meeting the City of Tigard Standards  Curb and gutter  7-foot concrete sidewalk  5-foot planter  Driveway approach meeting the City of Tigard Standards  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Traffic signs meeting the MUTCD and the City of Tigard Standards  Storm drainage meeting CWS and City of Tigard Standards  Street and sidewalk barricades SW Atlanta Street along the frontage of Tax Lot 1S136CD01601 shall be shown to have:  18-pavement improvement from centerline  Pavement and road rock section meeting the City of Tigard Standards  Curb and gutter  7-foot concrete sidewalk  5-foot planter  Driveway approach meeting the City of Tigard Standards  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Traffic signs meeting the MUTCD and the City of Tigard Standards  Storm drainage meeting CWS and City of Tigard Standards SW Atlanta Street along the unimproved portion east of the existing driveway approach at Tax Lot 1S136CD02000 shall be shown to have: CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 5  16-pavement improvement from centerline  Pavement and road rock section meeting the City of Tigard Standards  Curb and gutter  Storm drainage 12. Prior to commencing of site improvements, the applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 13. Prior to commencing of site improvements, the applicant shall provide Engineering Division a photometric analysis along SW Atlanta Street for the review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis; the applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 14. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI permit indicating on how run-off from new impervious areas shall be collected, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. 15. Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating how run-off from new areas will be collected, treated and detained to Engineering Division for review and approval. 16. Prior to commencing of site improvements, the applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 17. Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the location of the proposed sanitary sewer main and lateral and connections to Engineering for review and approval. Plans also shall include any existing and proposed public sanitary sewer easements. All public sanitary sewer facilities and easements shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 18. Prior to commencing of site improvements, the applicant shall submit as part of the PFI Permit site plans showing the location of proposed water improvements including but not limited to the location of the tap, water meter, double check and CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 6 fire vaults and any associated facilities to Engineering Division for review and approval. 19. Prior to commencing of site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) and submitted to City of Tigard with the PFI permit plans. 20. Prior to commencing of site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage, and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 21. The design engineer shall indicate, on the grading plan, which area will have natural slopes between 10 percent and 20 percent, as well as area that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 22. A Geotechnical Report prepared by HGSI, dated June 12 2017 was submitted. The applicant shall incorporate the recommendations of the report into their design. 23. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. 24. The applicant shall obtain a 1200-CN General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 25. Prior to commencing site improvements, the applicant shall submit to Engineering evidence that Tualatin Valley Water District has been reviewed and approved the proposed public water facilities. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Agnes Lindor 503-718- 2429. The cover letter shall clearly identify where in the submittal the required information is found: 26. Prior to final building inspection, the applicant shall contact the Staff Planner, Agnes Lindor, 503-718-2429 for final walk-through. All site improvements must be completed per approved plans. CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order (SW Atlanta Storage Facility) Page 7 The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: Khoi Le 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final building inspection, the deed dedication of the 30-foot right of way dedication along SW Atlanta Street shall be recorded. 28. When a public sanitary sewer easement is proposed, the easement shall be 15 feet minimum and be recorded prior to final building inspection. 29. When an existing public sanitary sewer easement needs to be vacated, the easement vacation shall be completed prior to final building inspection. 30. Prior to final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) as well as storm water quality and detention facilities, and public sanitary sewer realignment, and obtain approval from the Engineering Division. 31. Prior to final building inspection, the applicant shall demonstrate that they have entered into an agreement on City forms for the maintenance of the private on-site water quality and detention facilities. 32. Prior to final building inspection, the applicant shall submit to the Engineering Division a Final Sight Distance Certification for the access driveways on SW Atlanta Street for review and approval. 33. Prior to issuance of building permits, the applicant shall meet the Mobile Emergency Responder Radio Coverage requirements as required by Tualatin Valley Fire and Rescue (TVF&R). 34. Prior to final building inspection, pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. 35. Prior to final building inspection, the existing overhead utilities crossing the site shall be relocated and placed underground. 36. Prior to final building inspection, the street shall be monumented in accordance with Oregon Revised Statutes 92.060. 37. Prior to final building inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in “DWG” format, if available; otherwise “DXF” will be acceptable, and 3) the as-built drawings shall be tied to the City’s GPS network. The applicant’s engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water