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SDR2017-00006 Decision - Chick-Fil-ACHICK-FIL-A RESTUARANT PAGE 1 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW CHICK-FIL-A RESTUARANT 120 DAYS with 30-day extension= 8/26/2018 SECTION I. APPLICATION SUMMARY FILE NAME: CHICK-FIL-A RESTUARANT CASE NOS: Site Development Review (SDR) SDR2017-00006 Variance (VAR) VAR2017-00002 Variance (VAR) VAR2017-00003 PROPOSAL: The applicant is requesting a site development review approval for the construction of a new eating and drinking establishment, a drive-through fast food restaurant, located on the corner of SW Pacific Highway and SW 68th Parkway. The applicant is also requesting two variances to reduce the 50 percent building placement requirement on SW 68th Parkway and the 50 percent ground floor window requirement on SW Pacific Highway. OWNER: Way W Lee 5210 SE 26th Ave Portland, OR 97202 APPLICANT: 4 G Development & Consulting Carlos Arias PO Box 270571 San Diego, CA 92198 APPLICANT’s DOWL REP: Serah Breakstone 720 SW Washington Street, Suite 750 Portland, OR 97205 LOCATION: 10935 SW 68th Parkway ; WCTM 1S136AD, Tax Lot 06502. ZONE: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 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. CHICK-FIL-A RESTUARANT PAGE 2 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the request for Site Development Review, and two Variances subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in this Decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO PERMIT SUBMITTAL: 1. The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. 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: 2. Prior to 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 25 open grown trees. 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 25 newly planted trees. 4. 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. 5. Prior to site work, the applicant shall submit a revised urban forestry plan and supplemental report with the “Preliminary” watermark removed and following signature block signed by the project arborist on Sheets L1.0-3.0 and supplemental report: A signature of approval and statement from the project arborist or landscape architect, attesting that: 1. The tree preservation and removal site plan meets all of the requireme nts in Section 10, part 1 of the Urban Forestry Manual; 2. The canopy site plan meets all of the requirements in Section 10, part 2 of the Urban Forestry Manual; and 3. The supplemental report meets all of the requirements in Section 10, part 3 of the Urban Forestry Manual. CHICK-FIL-A RESTUARANT PAGE 3 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 6. Prior to site work, the applicant shall pay a fee in lieu for the additional five street trees. 7. Prior to site work, the applicant shall submit a revised plan showing landscaping between the building and the property line along SW Pacific Highway and the northeast corner landscaped to the L-2 standard. 8. Prior to site work, the applicant shall submit detailed plans of the proposed bicycle parking. 9. Prior to site work, a modification to the RPC Tigard Storage land use approval (CUP2016- 00002) shall be submitted to the City for review and approval. 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: 10. Improvements associated with public infrastructures including street and right-or-way dedication, utilities, grading, water quality and quantity facility, 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  Tualatin Valley Fire and Rescue (TVF&R) Codes  Other applicable County, State, and Federal Codes and Standard Guidelines 11. Improvements associated with public infrastructures including street and right-or-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 12. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity 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. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of 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. PFI 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). 13. Prior to commencing 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 CHICK-FIL-A RESTUARANT PAGE 4 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 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. 14. Prior to commencing site improvements, 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. 15. Prior to commencing site improvements, provide a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis; a plan showing the location of streetlight and type and color of pole and light fixture shall also be included on the plan. 16. Prior to commencing site improvements, submit plans showing the following items for review and approval: SW 68th Parkway shall include and shall be shown to have:  Minimum 35-foot from centerline right-or-way dedication  23-foot from centerline asphalt concrete pavement meeting City of Tigard Collector Street cross section  12-foot concrete sidewalk and planter with tree wells  Street trees in the planter strip spaced per requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CWS Design and Construction Standards  Street signs, striping and traffic control devices meeting the Manual of Uniform Traffic Control Devices and the City of Tigard Standards 17. ODOT, City of Tigard, and the applicant agree that a fee in lieu of street improvement along the development frontage on SW Pacific Highway is appropriate. The applicant shall construct street improvement along the development on SW Pacific Highway in accordance with ODOT requirements or request to pay the fee in lieu. The proposed fee in lieu shall be reviewed and approved by ODOT and the City of Tigard. 18. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained 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 Standards. 19. Prior to commencing site improvements, the 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. CHICK-FIL-A RESTUARANT PAGE 5 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 20. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 21. Prior to commencing site improvements, provide written approval from TVF&R for fire flow, hydrant placement, and emergency vehicular access and turn around. 22. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services for reference and comments since those facilities are located in the City of Tigard right-or-way. 23. Prior to commencing site improvements, provide written approval from Tualatin Valley Water District for the City’s record. 24. Prior to commencing site improvements, provide an erosion control plan as part of the PFI Permit. 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 plans. 25. Prior to commencing site improvements, provide a final grading plan showing the existing and proposed contours. The plan shall detail the provisions for surface drainage, and show that the property will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 26. Prior to commencing site improvements, submit the Preliminary Sight Distance Certifications for both proposed driveways for review and approval. 27. Prior to commencing site improvements, submit a joint access easement and maintenance agreement for review and approval. Joint access agreement must be on a City form. 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: 28. 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 in accordance with approved plans. 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: 29. Prior to final building inspection, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, CHICK-FIL-A RESTUARANT PAGE 6 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 completed and/or satisfied. The applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 30. Prior to final building inspection, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. 31. Prior to final building inspection, the applicant shall enter to a stormwater maintenance management agreement with the City for the private stormwater quality and detention facilities. Public stormwater quality facilities shall be maintained for three years prior to City’s acceptance. Private stormwater water quality facilities shall be maintained for two years. 32. Prior to final building inspection, submit the Final Sight Distance Certification indicating that sight distances are adequately provided at both driveways on SW 68th Parkway. 33. Prior to final building inspection, a joint access easement and maintenance agreement shall be recorded. 34. Prior to final building inspection, pay fee in lieu of street improvement along the development frontage on SW Pacific Highway . THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE DECISION. SECTION III. BACKGROUND INFORMATION Proposal: The applicant is requesting a site development review and variances for the construction of a 4,992 square foot drive-through fast food restaurant, Chick-Fil-A, on an 1.43-acre site located on the southwest corner of SW Pacific Highway and SW 68th Parkway. The site has a building that was the previously used as a restaurant, which is now vacant. The proposal includes frontage improvement on SW 68th Parkway along the project property. The applicant is also requesting two variances to reduce the 50 percent building placement requirement on SW 68th Parkway and the 50 percent ground floor window requirement on SW Pacific Highway. The proposal also includes associated parking and landscaping improvements. Site History: Staff conducted a search of City records for the subject property and found:  One lot line adjustment (MIS1999-00023),  Two minor modifications (MMD2011-00006 and MMD2012-00020),  Six sign permits (SGN2000-00017, SGN2002-00083, SGN2006-00114, SGN2006-00115, SGN2011-00059, and SGN2012-00187), and  One temporary use permit (TUP2011-00009). Vicinity Information: The subject site is located at 10935 SW 68th Parkway; on the southwest corner of SW Pacific Highway and SW 68th Parkway. The property, located within the Tigard Triangle Plan District, is zoned General Commercial (C-G). All surrounding properties are also zoned C-G. Commercial development is located to the east, west, north and south of the site. CHICK-FIL-A RESTUARANT PAGE 7 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 SECTION IV. PUBLIC COMMENTS The applicant held a formal neighborhood meeting on September 21, 2017. No neighbors or interested parties attended. The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff mailed a Type II Notice of Application regarding this subdivision to affected parties on May 31, 2018. Staff received two comments. On April 1, 2018, an email was received from Mr. Christopher Flores requesting to see the proposed plans. On May 30, 2018, the City received an email from Ms. Kim Muralt inquiring about the status of the application. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the proposal for consistency with the following code sections. Findings for these code sections are in Section VI of this report. A. Applicable Development Code Standards 18.360 - Site Development Review 18.370 – Variances and Adjustments 18.520 – Commercial Zones 18.620 - Tigard Triangle Plan District 18.705 - Access Egress and Circulation 18.745 - Landscaping and Screening 18.755 – Mixed Solid Waste and Recyclable Storage 18.765 - Off-Street Parking and Loading 18.780 - Signs 18.790 - Urban Forestry Plan 18.810 - Street and Utility Improvement Standards SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. APPLICABLE DEVELOPMENT CODE STANDARDS AND APPROVAL CRITERIA Chapter 18.360 – Site Development Review 18.360.020 Applicability of Provisions Site development review shall be applicable to all new developments and major modification of existing developments. The proposed eating and drinking establishment is a new development. Therefore, the applicable site development review criteria apply. 18.360.090 Approval Criteria The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: The following approval criteria are not applicable to the proposed eating and drinking establishment use: 18.360.090.E (Private Outdoor Area-Multifamily Use); 18.360.090.F (Shared outdoor area-Multifamily use); and 18.360.090.G (Landfills adjacent to 100-year Floodplain). CHICK-FIL-A RESTUARANT PAGE 8 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 The following are the applicable approval criteria of this section that are relevant to the proposed project: A. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; The proposed project will be in compliance or conditioned to comply, with all of the applicable requirements of Title 18 as reviewed and discussed in this report. This criterion is met. B. Relationship to the Natural and Physical Environment: 1. Buildings shall be: a. Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; b. Located in areas not subject to ground slumping or sliding; c. Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and d. Oriented with consideration for sun and wind. The proposed eating and drinking establishment is designed to preserve topography and natural drainage where possible. Some existing trees on the site will be preserved and some will be removed to accommodate the development and frontage improvements on SW 68th Parkway. The development area is relatively flat and is not subject to ground slumping or sliding. The building will be oriented to have southern exposure allowing for natural lighting and passive heating. This criterion is met. 2. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard “Significant Habitat Areas Map.” Methods and techniques for consideration may include, but are not limited to the following: a. Water quality facilities (for infiltration, retention, detention and/or treatment); b. Pervious pavement; c. Soil amendment; d. Roof runoff controls; e. Fencing to guide animals toward safe passageways; f. Re-directed outdoor lighting to reduce spill-off into habitat areas; g. Preservation of existing vegetative and canopy cover. According to the City of Tigard “Significant Habitat Areas Map,” the site does not include habitat areas. The narrative states that adequate storm drainage facilities will be installed on the site to capture and treat on-site stormwater run-off from impervious surface. Therefore; there will be no impact to the capacity of the downstream system. This criterion is met. C. Exterior elevations. 1. Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: a. Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; b. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and c. Offsets or breaks in roof elevations of three or more feet in height. The proposed development is not adjacent to any residential development. This criterion does not apply. CHICK-FIL-A RESTUARANT PAGE 9 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 D. Buffering, screening and compatibility between adjoining uses—Nonresidential development. 1. Nonresidential development shall provide buffering between different types of land uses— for example, between commercial and industrial uses and residential and commercial uses—and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: a. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; b. The size of the buffer required to achieve the purpose in terms of width and height; c. The direction(s) from which buffering is needed; d. The required density of the buffering; and e. Whether the viewer is stationary or mobile. 2. On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: a. What needs to be screened; b. The direction from which it is needed; c. How dense the screen needs to be; d. Whether the viewer is stationary or mobile; and e. Whether the screening needs to be year around. The proposed development does not abut any non-residential or different types of land uses. The site is adjacent to public streets on the north and east sides, commercial land uses to the west, and a vacant (commercially zoned) site to the south. Therefore, no buffering or screening is required. As shown on the Planting Plan, L2.0, the parking area will be screened from SW 68th Parkway using an eight-foot wide landscape buffer planted with shrubs and trees. A landscape screen with shrubs of varying heights will be provided around the perimeter of the internal drive aisles that serve the drive-through facility. The trash enclosure will be located near the center of the site in the parking area and will not be visible from SW 68th Parkway or adjacent properties. This criterion is met. H. Demarcation of public, semi-public and private spaces for crime prevention—Nonresidential development. 1. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and 2. These areas may be defined by, but not limited to: a. A deck, patio, low wall, hedge, or draping vine, b. A trellis or arbor, c. A change in elevation or grade, d. A change in the texture of the path material, e. Sign, or f. Landscaping. The site is clearly defined along SW 68th Parkway by a landscaping buffer, retaining wall and elevation change between the sidewalk and the proposed parking lot. There is a sidewalk and pedestrian walkways that lead from the front of the building into the associated parking lot and to SW 68th Parkway. The CHICK-FIL-A RESTUARANT PAGE 10 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 proposed restaurant will have an outdoor patio with seating for customers. The patio will be screened with a retaining wall to clearly establish it as private space for customer use only. This criterion is met. I. Crime prevention and safety: 1. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; 2. Interior laundry and service areas shall be located in a way that they can be observed by others; 3. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; 4. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and 5. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. The proposed development plans were submitted to the Tigard Police Department for review. The Department commented on the proposal and had no objections. Windows, located on the northeast, southeast and northwest elevations, will provide visibility to the streets, sidewalks and parking area. Service areas are located within the parking lot adjacent to the building, which make them visible to employees and customers. The restaurant will be open during mail delivery hours, therefore a mailbox is not required. A photometric analysis was provided showing all pedestrian and vehicular areas will be lit to allow for security and visibility. This criterion is met. J. Public transit. 1. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; 2. The requirements for transit facilities shall be based on: a. The location of other transit facilities in the area, and b. The size and type of the proposal; 3. The following facilities may be required after city and Tri-Met review: a. Bus stop shelters, b. Turnouts for buses, and c. Connecting paths to the shelters. The nearest transit facilities are bus lines #12, #64 and #94, which run on Pacific Highway. The nearest bus stop is located on Pacific Highway, west of the site, approximately 250 feet away from the site. The proposal was referred to TriMet for review and comment; however, no response was received. This criterion is met. K. Landscaping. 1. All landscaping shall be designed in accordance with the requirements set forth in Chapters 18.745 and 18.790; 2. In addition to the open space and recreation area requirements of subsections E and F of this section, a minimum of 20% of the gross area including parking, loading and service areas shall be landscaped; and 3. A minimum of 15% of the gross site area shall be landscaped. CHICK-FIL-A RESTUARANT PAGE 11 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 All landscaping shall be designed in accordance with the requirements set forth in Chapters 18.745 and 18.790. This criterion is met. L. Drainage. All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan. The proposed storm drainage plan is in compliance with the required local design criteria and standards. This criterion is met. M. Provision for the disabled. All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447. The proposal has been designed in accordance to the requirements set forth in ORS Chapter 447- Plumbing, Architectural Barriers. N. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title; e.g., Planned Developments, Chapter 18.350, or a variance or adjustment granted under Chapter 18.370. FINDING: Based on the analysis above, all of the applicable site development review criteria have been fully met. Chapter 18.370 – Variances and Adjustments 18.370.010 Variances A. Purpose. The purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. The applicant is requesting the following variances from Chapter 18.620, Tigard Triangle Plan District:  Subsection 18.620.030.A, to reduce the amount of building that will occupy the street frontage along SW 68th Parkway below the required 50 percent minimum. The applicant proposes to reduce the street frontage requirement along SW 68th Parkway to two percent. The proposal will meet the 50 percent requirement on SW Pacific Highway.  Paragraph 18.620.034.A.1, to reduce the amount of windows, display areas or doorway openings of the ground floor wall area below the required 50 percent minimum. The applicant proposes to reduce the window requirement along SW Pacific Highway to 40 percent. C. Approval process and standards. 2. The director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: CHICK-FIL-A RESTUARANT PAGE 12 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The requested variances will not be detrimental to the purpose of this title, applicable policies and standards, or to other properties in the CG district or site vicinity. The variances are being requested due to existing site conditions, including the shape of the lot and the change in grade along the frontage with SW Pacific Highway. The primary result of the requested variances are that the proposed building will meet the frontage requirement along Pacific Highway but not SW 68th Parkway and will reduce the window requirement along the SW Pacific Highway elevation. The variances will not cause harm or reduce the ability of this proposal to meet the overall intent of the Triangle Design District, nor will it impact the ability of adjacent properties to develop, operate or otherwise function. This criterion is met. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; As shown on the Site Plan (Sheet C2.0), the subject site has an unusual shape due to the angle of the intersection of SW Pacific Highway and SW 68th Parkway and the curve of the site’s frontage along SW 68th Parkway. Constructing a building that meets the 50 percent frontage standard on both streets would result in an oddly-shaped building that would not be suitable for the intended use (fast food restaurant with a drive-through facility). In addition, the proposed project must take access from SW 68th Parkway and not SW Pacific Highway. Meeting the frontage standard along SW 68th Parkway would make access to the site difficult and would result in poor on-site circulation. As shown on the grading plan (Sheet C3).0 and the elevations, the site’s frontage along SW Pacific Highway is sloped. At the northeast corner of the proposed building, the elevation of the adjacent grade is approximately 329 feet and slopes down to approximately 321 feet at the southwest corner of the building. The window requirement is measured between three and nine feet along the building elevation. With the change in slope, a significant portion of the façade facing Pacific Highway will be below grade. The total amount of windows along this elevation will be 51 percent, however, due to the change in grade, the windows extend below three feet at the east end of the building and above nine feet at the west end. As proposed, the building will provide 40 percent widows along the façade. Due to the slope constraints, meeting the 50 percent standard on that elevation is not feasible. These are circumstances over which the applicant has no control and that do not apply to other properties in the same zoning district. This criterion is met. c. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The proposed use is a fast-food restaurant with drive-through facility, which is a permitted use in the C-G zone. Except for the proposed variances, all applicable city standards will be met. The proposed variances are the least amount of variances necessary to allow the applicant to develop within the context of the existing site conditions and make economic use of the land. This criterion is met. CHICK-FIL-A RESTUARANT PAGE 13 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and There are no existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks that would be adversely affected any more than would occur if the development were developed as specified in the title because the two requested variances are for design-related aspects of the building, which do not impact the physical and natural systems of the site. As shown on Sheet C4.0 and Preliminary Drainage Report, the proposed project can provide drainage control on the site and meet applicable drainage regulations. A traffic study was submitted that evaluates the impact of the project on off-site transportation facilities. There are no other existing systems, natural or otherwise, that will be impacted by this proposal. This criterion is met. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The requested variances are due to the shape of the lot and the change in grade along the frontage with Pacific Highway, neither of which are self-imposed conditions. The requested variances are the minimum necessary to alleviate the hardship and allow the applicant to make reasonable economic use of the property. This criterion is met. FINDING: As shown in the analysis above, the Variance and Adjustments criteria have been fully met. Chapter 18.520 – Commercial Zoning Districts 18.520.020 List of Zoning Districts C. C-G: general commercial district. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where nonconforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally The site is located in the C-G zone. The proposed eating and drinking establishment use is a permitted use in the zone. 18.520.040 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: TABLE 18.520.2 CHICK-FIL-A RESTUARANT PAGE 14 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 COMMERCIAL DEVELOPMENT STANDARDS STANDARD C-G Proposed Minimum Lot Size - Detached unit - Boarding, lodging, rooming house None - - N/A - - Minimum Lot Width 50 ft. N/A Minimum Setbacks - Front yard - Side facing street on corner & through lots [1] - Side yard - Side or rear yard abutting more restrictive zoning district - Rear yard - Distance between front of garage & property line abutting a public or private street. 0 ft. [11] - 0/20 ft. [8] - 0/20 ft. [8] - 5.4 ft N/A. 30 ft / 5 ft N/A 221 ft Minimum Building Height N/A N/A Maximum Building Height 45 ft 21.6 ft Maximum Site Coverage [2] 85 % 70.9% Minimum Landscape Requirement 15 % 29.1% Minimum FAR [3] N/A N/A Minimum Residential Density [4][5][6] N/A N/A Maximum Residential Density [4][5][6][7] N/A N/A [1] The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [2] Includes all buildings and impervious surfaces. [3] Applies to all nonresidential building development and mixed use development which includes a residential component. [8] No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. [11]There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.745 and 18.795 must be met. FINDING: From the applicant’s narrative and plans, it appears that the proposal meets the development standards for the C-G zone. A final determination of compliance with these standards will be made upon submittal of building permits. Chapter 18.620 – Tigard Triangle Design Standards 18.620.010 Purpose and Applicability A. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Tigard Triangle Plan District. These design standards address several important guiding principles adopted for the Tigard Triangle Plan District, including creating a high-quality mixed use employment area, CHICK-FIL-A RESTUARANT PAGE 15 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 providing a convenient pedestrian and bikeway system within the Triangle, and utilizing streetscape to create a high quality image for the area. B. Development conformance. All new developments, including remodeling and renovation projects resulting in uses other than single family residential use are expected to contribute to the character and quality of the area. In addition to meeting the design standards described in this chapter and other development standards required by the community development and building codes, such developments will be required to: 1. Dedicate and improve public streets, to the extent that such dedication and improvement is directly related and roughly proportional to an impact of the development; 2. Connect to public facilities such as sanitary sewer, water and storm drainage; 3. Participate in funding future transportation and other public improvement projects in the Tigard Triangle Plan District, provided that the requirement to participate is directly related and roughly proportional to an impact of the development. The proposed development includes dedication of right-of-way and construction of frontage improvements along the site frontage. This standard is met. According to the applicant’s narrative, the proposed development is served by City sanitary sewer, and storm drainage systems. Water is provided by Tualatin Valley Water District. This standard is met. The applicant’s narrative states that the applicant will contribute a proportionate share to future transportation funding. Payment of the Transportation Development Tax at the time of building permit issuance will satisfy this standard. This standard is met. 18.620.020 Street Connectivity A. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Variance of these standards may be approved per the requirements of Section 18.370.010 where topography, barriers such as railroads or freeways, or environmental constraints such as major streams and rivers prevent street extensions and connections. 1. Design option. a. Local street spacing shall provide public street connections at intervals of no more than 660 feet. b. Bike and pedestrian connections on public easements or right-of-way shall be provided at intervals of no more than 330 feet. 2. Performance option. a. Local street spacing shall occur at intervals of no less than eight street intersections per mile. b. The shortest vehicle trip over public streets from a local origin to a collector or greater facility is no more than twice the straight-line distance. c. The shortest pedestrian trip on public right-of-way from a local origin to a collector or greater facility is no more than 1-1/2 the straight-line distance. The proposed development is located on the southwest corner of SW Pacific Highway and SW 68th Parkway. SW 68th Parkway is identified as a collector in the Tigard Triangle District Plan Street and Accessway Standards, which connects to SW Pacific Highway, a major arterial (Tigard TSP). The subject property and adjacent properties have a direct connection to adjacent properties as well as direct access to SW 68th Parkway. SW 68th Parkway provides pedestrian facilities along the frontage of the property and to CHICK-FIL-A RESTUARANT PAGE 16 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 the north to SW Pacific Highway. Bicycle facilities are provided along both sides of SW 68th Parkway. This standard is met. 18.620.030 Site Design Standards B. Compliance. All development must meet the following site design standards. If a parcel is one acre or larger a phased development plan must be approved demonstrating how these standards for the overall parcel can be met. Variance to these standards may be granted if the criteria found in Section 18.370.010.C.2, governing criteria for granting a variance, is satisfied. 1. Building placement on major and minor arterials. Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Buildings shall be located at public street intersections on major and minor arterial streets. See Diagram 1 for some examples of how this standard may be met. The SW Pacific Highway frontage is 233 feet; the proposed building is 121 feet wide, which occupies 52 percent of the frontage. The SW 68th Parkway frontage is 404 feet and the building occupies three percent frontage on SW 68th Parkway. The applicant has requested a variance to this standard. With approval of the requested variance, this standard is met. 2. Building Setback. The minimum building setback from public street rights-of-way or dedicated wetlands/buffers and other environmental features shall be 0 feet; the maximum building setback shall be 10 feet. The building setback along the SW Pacific Highway is 5.4 feet. The building setback along SW 68th Parkway is 5.2 feet. This standard is met. 3. Front yard setback design. Landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to the applicable standard in paragraph 5 of this subsection A. 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 per Section 18.520.040B and Table 18.520.2. The applicant’s narrative states that landscaping will be provided between the building and SW Pacific Highway, however, landscaping is not shown there on the landscape plan (Sheet L2.0). The frontage along SW 68th Parkways includes landscaping, and outdoor seating area, and a walkway the building to the street. The applicant shall submit a revised landscape plan showing landscaping between the building and SW Pacific Highway. This standard is not met but can be through a condition of approval. 4. Walkway Connection to Building Entrances – A walkway connection is required between a building’s entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner near a public street intersection are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040B and Table 18.520.2. CHICK-FIL-A RESTUARANT PAGE 17 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 A six-foot wide walkway connection will be provided between the building entrance and SW 68th Parkway. The walkway will be paved with scored concrete. The building entrance has been located as close to the public street intersection as possible given the shape of the site and the angle of the intersection. This standard is met. 5. Parking location and landscape design. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. If located on the side, parking is limited to 50% of the street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is eight feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to an L-2 landscape standard, except where a side yard abuts a public street where it shall be landscaped to an L-1 landscape standard. See Diagram 2 below. The proposed parking area will be located to the rear of the building, but also to the side facing SW 68th Parkway. The lineal site frontage along SW 68th Parkway is 404 feet. The parking lot occupies approximately 153 feet, or 37.8 percent, of that frontage. Parking does not exceed 50 percent of the site’s frontage along SW 68th Parkway and is separated from the public street by a landscaped area at least eight feet in width that will be landscaped to the L-1 standard. The area between the building and the property line along SW Pacific Highway and the northeast corner shall be landscaped to the L-2 standard. Prior to site work, the applicant shall submit a revised plan showing landscaping between the building and the property line along SW Pacific Highway and the northeast corner landscaped to the L-2 standard. This standard is not met but can be through a condition of approval. 18.620.040 Building Design Standards A. Non-residential buildings. All non-residential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.370.010 .C.2, criteria for granting a variance, are satisfied. 1. Ground Floor Windows - All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine 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% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. As shown on the grading plan (Sheet C3.0) and the elevations, the site’s frontage along SW Pacific Highway is sloped. At the northeast corner of the proposed building, the elevation of the adjacent grade is approximately 329 feet and slopes down to approximately 321 feet at the southwest corner of the building. The window requirement is measured between three and nine feet along the building elevation. With the change in slope, a significant portion of the façade facing Pacific Highway will be below grade. The total amount of windows along this elevation will be 51 percent, however, due to the change in grade, the windows extend below three feet at the east end of the building and above nine feet at the west end. Using this measurement only 40 percent of the areas will be provided with windows. The applicant has applied for a variance to this standard. The applicant has applied for a variance to the building placement standard on SW 68th Parkway, therefore CHICK-FIL-A RESTUARANT PAGE 18 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 the window requirement would not apply since less than 3 percent of the building is located within 10 feet of SW 68th Parkway. With approval of the variance requests, this standard is met. 2. Building Facades. Facades 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 other design features that reflect the building’s structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. As shown on the elevation sheets, a variation in building materials is used along the building frontage on SW Pacific Highway. The elevation facing SW Pacific Highway uses stucco, brick and glass in three different configurations. Starting from east to west, the first section is primarily stucco over a three-foot high brick wainscot. This section is 43 feet long. The next section is brick almost to the roof line with ribbon glazing from three to ten feet high with a stucco parapet. This section is 46 feet long. The last section is brick almost to the roofline with a stucco parapet. This section is a 31 feet long. This standard is met. The applicant is requesting a variance to the building placement standard along SW 68th Parkway, therefore this standard does not apply to SW 68th Parkway. 3. Weather Protection. 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. Awnings and canopies shall not be back lit. As shown on the site plan, a trellis is proposed from the entrance to the building over the walkway leading to the street. This standard is met. 4. Building Materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may 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 two feet. The primary building materials will be brick and EIFS (stucco). The proposal does not include any prohibited materials. No exposed concrete or concrete block foundations will be used. This standard is met. 5. Roofs and Roof Lines. 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 proposed roof is flat and will be surrounded by parapets. The parapet will reflect the buildings structural system. False fronts and roofs will not be used. False fronts or false roofs are not proposed. This standard is met. CHICK-FIL-A RESTUARANT PAGE 19 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 6. Roof-Mounted Equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must 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. The applicant’s narrative states that all roof mounted equipment will be screened from view. A plan was provided showing that mechanical equipment will not be visible from SW Pacific Highway. Due to the grade change between the building and SW 68th Parkway, the mechanical equipment will not be visible from SW 668th Parkway. This standard is met. 18.620.050 Signs A. Sign standards. In addition to the requirements of Chapter 18.780 of the development code the following standards shall be met: 1. Zoning district regulations. Residential only developments within the C-G and MUE zones shall meet the sign requirements for the R-25 zone in Section 18.780.130.B; nonresidential developments within the C-G zone shall meet the sign requirements for the commercial zones in Section 18.780.130.C; and nonresidential development within the MUE zone shall meet the sign requirements of the C-P zone in Section 18.780.130.D. 2. Sign area limits. The maximum sign area limits found in Section 18.780.130 shall not be exceeded. No area limit increases will be permitted within the Tigard Triangle Plan District. 3. Height limits. The maximum height limit for all signs except wall signs shall be 10 feet. Wall signs shall not extend above the roof line of the wall on which the sign is located. No height increases will be permitted within the Tigard Triangle Plan District. 4. Sign location. Freestanding signs within the Tigard Triangle Plan District shall not be permitted within required L-1 landscape areas. The applicant’s narrative states that new signage is not proposed at this time. New signs shall comply with Section 18.620.050. This standard is met. 18.620.060 Entry Portals Required locations. Entry portals shall be required at the primary access points into the Tigard Triangle Plan District. A. Location. Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72nd; I-5 and Dartmouth; Hwy. 217 and 72nd; and at the Hwy. 217 overcrossing and Dartmouth. B. Design. The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif and at least two trees according to the L-2 standard shall be incorporated into the design of entry portals. The subject property is not located adjacent to a primary entrance point into the Tigard Triangle. This standard does not apply. 18.620.070 Landscaping and Screening Applicable levels. Two levels of landscaping and screening standards are applicable to the Tigard CHICK-FIL-A RESTUARANT PAGE 20 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 Triangle Plan District. The locations where the landscaping or screening is required and the depth of the landscaping or screening are defined in other subsections of this section. These standards are minimum requirements. Higher standards may be substituted as long as all height limitations are met. A. L-1 parking lot screen. The L-1 standard applies to setbacks on public streets. The L-1 standard is in addition to other standards in other chapters of this title. The setback shall be a minimum of eight feet between the parking lot and 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 3½ inch caliper at the time of planting. Shrubs shall be of a variety that will provide a three-foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area within two years. B. L-2 general landscaping. The L-2 standard applies to all other trees and shrubs required by this chapter and Chapter 18.745 (except those required for L-1 parking lot screen). For trees and shrubs required by Chapter 18.745, the L-2 standard is an additional standard. L- 2 trees that are also street trees, median trees, and trees required to frame entry portals shall be selected in conformance with Table 18.620.1 of this section. If conformance with Table 18.620.1 is precluded by physical constraints caused by public utilities or required public improvements, the director may approve alternative selections. All L-2 trees shall be a minimum of 2½-inch caliper at the time of planting. Shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. As shown on the Planting Plan (Sheet L2.0), the parking lot will be set back from SW 68th Parkway by a landscape buffer at least eight feet in width that meets the L-1 standard. Three trees are proposed with a minimum of 3 ½ inch caliper at the time of planting, with one exception requested due to utilities. The northern end of the parking lot screening area cannot contain a tree due to water lines and a fire vault in this location (see Sheet C5.0). Trees 126 and 127 are spaced approximately 36 feet on center within the setback. Trees 127 and 128 are spaced approximately 58 feet on center due to the retaining wall that is located between these two trees; planting a tree adjacent to the retaining wall to meet the spacing requirement would compromise the integrity of the retaining wall and provide long-term maintenance issues. The remaining area is planted with groundcover and shrubs that will provide a three-foot-high screen and 90 percent opacity within a year. The rest of the landscaping is consistent with the L-2 standard with the exception of the area between the building and the property line along SW Pacific Highway and the northeast corner. Prior to site work, the applicant shall submit a revised plan showing landscaping between the building and the property line along SW Pacific Highway and the northeast corner landscaped to the L-2 standard. This standard is not met but can be through a condition of approval. FINDING: As shown in the analysis above, the Tigard Triangle Plan District design standards have been fully met. Chapter 18.705 – Access, Egress and Circulation 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading CHICK-FIL-A RESTUARANT PAGE 21 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. The applicant submitted a site plan that shows the proposed access. This standard is met. 17.705.030 General Provisions D. Public Street Access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has two existing accesses onto SW 68th Parkway. The southern access will be moved further south onto the adjacent property (Tax Lot 1S136DA02400), approved for a storage facility, RPC Tigard Storage (CUP2016-00002). No other access is proposed. The shared driveway was not proposed or approved as part of the storage facility project and requires approval through a modification request. Prior to commencing site work, a modification to the RPC Tigard Storage (CUP2016-00002) shall be submitted to the City for review and approval. This standard is not met but can be through a condition of approval. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant’s site plan shows a proposed six-foot walkway connection between SW 68th Parkway and the proposed building. A walkway between the proposed development and existing adjacent development to the west is not practical because of grade considerations at the western property line and the location of the proposed drive aisles on the site. This standard is met. 2. Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; This standard does not apply to the proposed eating and drinking establishment use. This standard does not apply. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with CHICK-FIL-A RESTUARANT PAGE 22 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 ADA standards; The proposed walkways cross the drive-through aisle in two locations, once at the southwest corner of the building and once near the southeast corner of the building. These walkways will be ADA accessible and will have contrasting pavement markings and materials. Walkways are a minimum of six feet wide and are no greater than 36 feet in length. This standard is met. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As described in the applicant’s narrative, the proposed walkways will be constructed of concrete and lighted with overheard lighting for safety purposes. A photometrics analysis was provided. This standard is met. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) The development is a fast food chain restaurant “Chick Fil A” adjacent to SW 68th Parkway and SW Pacific Hwy . Both streets are existing public streets with 99W under Oregon Department of Transportation (ODOT) jurisdiction and SW 68th Parkway under Tigard jurisdiction. A Traffic Impact Analysis (TIA) prepared by Kittelson & Associates dated May 15, 2018, was submitted. The TIA included the queueing and stacking analyses. Two Sight Distance Exhibits were submitted, however, the certificates and calculations of the required sight distances were not included. With the following two conditions of approval, this criterion is met. Prior to commencing site improvements, submit the Preliminary Sight Distance Certifications for both proposed driveways to Engineering Division for review and approval. Prior to final inspection, submit to the Final Sight Distance Certification indicating that sight distances are still adequately provided at both proposed driveways. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant’s traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. CHICK-FIL-A RESTUARANT PAGE 23 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. The narrative and site plans indicated that the two proposed driveways are set at approximately 215 feet apart on SW 68th Parkway. The southern driveway is located on the adjacent property to the south. This standard is met. J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3 (for greater than 100 required parking spaces, one 50- foot access width with 40-foot minimum pavement width). In accordance with Table 18.765.2, a minimum of 40 parking spaces are required for the proposed use and 43 parking spaces are provided. The applicant’s site plan (Sheet C2.0) shows the two accessways. The north driveway access, which is only for access and right-out turns, is 18 feet. The south driveway, which is a shared driveway and located on the property to the south, is 40 feet. This standard is met. FINDING: Based on the analysis above, all of the applicable access, egress and circulation standards have not been fully met but can be met with the stated conditions of approval. Chapter 18.745 – Landscaping and Screening 18.745.030 General Provisions A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant and his or her agent, if any, shall be jointly and severally responsible for the ongoing maintenance of all landscaping and screening used to meet the requirements of this chapter according to applicable industry standards. B. Installation requirements. The installation of all landscaping and screening required by this chapter shall be as follows: 1. All landscaping and screening shall be installed according to applicable industry standards; 2. All plants shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock (ANSI Z60, 1-2004, and any future revisions); and 3. All landscaping and screening shall be installed in accordance with the provisions of this title. C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of this chapter have been met or other arrangements have been made and approved by the city such as the posting of a bond. The accepted planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the most recent edition of the American Institute of Architects’ Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. CHICK-FIL-A RESTUARANT PAGE 24 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 18.745.040 Street Trees A. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Soil Volume Standards in the Urban Forestry Manual. E. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be planted no more than 6 feet from the right of way according to the Street Tree Planting Standards in the Urban Forestry Manual when planting within the right of way is not practicable. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume Standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. G. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City’s cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required. The site has 233 feet of frontage on SW Pacific Highway and 404 feet of frontage on SW 68th Parkway, for a total of 637 feet of frontage. Six street trees are required along SW Pacific Highway and 10 street trees are required along SW 68th Parkway, for a total of 16 street trees. The landscape plan (Sheet L2.0) shows 11 Bowhall Maples, which are small stature and plated at 20 feet on center. Prior to commencing site work, the applicant shall pay a fee in lieu for the additional five street trees. This standard is not met but can be through a condition of approval. 18.745.050 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 which are CHICK-FIL-A RESTUARANT PAGE 25 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. The site is surrounded by similar commercial uses to the west, a vacant site approved for a self-storage facility to the south, and public streets to the north and east. An L-1 parking lot screen is required along the eastern perimeter of the property, adjacent to the parking lot. The landscape plan (Sheet L1.0) shows that the proposed trees and landscaping meet the L-1 screen standards. No other buffering or screening is required. This standard is met. E. 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 situation) be permitted to become any less conforming. Nonconforming screening of parking and loading areas shall be brought into conformance with the provisions of this chapter as part of the approval process for conditional use (Type III), downtown design review (Type II and III), planned development (Type III), and site development review (Type II) permits only. The specifications for this screening are as follows: i. Landscaped parking areas shall include special design features which 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% tree canopy cover at maturity directly above the parking area in accordance with the parking lot tree canopy standards in the Urban Forestry Manual. The proposed tree canopy site and parking lot plan (Sheet L3.0) shows parking lot trees distributed throughout the parking lot that provide 12,260 square feet of canopy coverage. The parking lot and loading area is approximately 22,410 square feet and the trees provide approximately 43 percent canopy. This standard is met. 2. Screening Of Service Facilities. Except for one-family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; The site plan and landscape plan show a transformer within the parking area, which will be screened with shrubs. This standard is met. CHICK-FIL-A RESTUARANT PAGE 26 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 3. Screening Of Refuse Containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which 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. The refuse enclosure exhibit (Sheet A3.4), shows that the proposed trash storage area will be fully screened with brick walls on three sides and a solid wood double gate on the side where trash pick-up will occur. This standard is met. FINDING: Based on the analysis above, the landscaping and screening standards have not been fully met but can be through a condition of approval. Chapter 18.755 – Mixed Solid Waste and Recyclable Storage 18.755.010 Purpose and Applicability A. Purpose. The purpose of this chapter is to ensure that certain new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclable materials prior to pick-up and removal by haulers. B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to new multi-unit residential buildings containing five or more units and nonresidential construction that are subject to full site plan or design review; and are located within urban zones that allow, outright or by condition, for such uses. The proposed development is nonresidential and subject to a site development review. Therefore, this section applies. 18.755.040 Methods of Demonstrating Compliance A. Alternative methods of compliance. An applicant shall choose one of the following four methods to demonstrate compliance: 1. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; or 4. Franchised hauler review and sign-off. The applicant has chosen to use the minimum standards method to demonstrate compliance. In addition, a service provider letter from Pride Disposal, dated November 17, 2017, was also provided. C. Minimum standards method. 1. Description of method. This method specifies a minimum storage area requirement based on the size and general use category of the new construction; 2. Typical application of method. This method is most appropriate when the specific use of a new building is not known. It provides specific dimensions for the minimum size of storage areas by general use category; 3. Application requirements and review procedure. The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this ordinance. CHICK-FIL-A RESTUARANT PAGE 27 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 Through the site plan review process, compliance with the general and specific requirements set forth below is verified; 4. General requirements. a. The storage area requirement is based on the predominant use(s) of the building, (i.e., residential, office, retail, wholesale/warehouse/ manufacturing, educational/institutional, or other). If a building has more than one of the uses listed herein and that use occupies 20% or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one of the uses listed herein and that use occupies more than 20% of the floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. b. Storage areas for multiple uses on a single site may be combined and shared. c. The specific requirements are based on an assumed storage height of four feet for solid waste/recyclable. Vertical storage higher than four feet but no higher than seven feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of 43% of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers. 5. Specific requirements. a. Multi-unit residential buildings containing 5-10 units shall provide a minimum storage area of 50 square feet. Buildings containing more than 10 residential units shall provide an additional five square feet per unit for each unit above 10. b. Nonresidential buildings shall provide a minimum storage area of 10 square feet, plus: i. Office: four square feet/1,000 square feet gross floor area (GFA). ii. Retail: 10 square feet/1,000 square feet GFA. iii. Industrial: six square feet/1,000 square feet GFA. iv. Institutional: four square feet/1,000 square feet GFA. v. Other: four square feet/1,000 square feet GFA. The proposed fast food restaurant is a retail use and is required to provide approximately 57 square feet of storage area. The development proposes a 185 square-foot combined trash and recycle storage area. Pride Disposal Company is the hauler that will provide service to the proposed development. This standard is met. 18.755.050 Location, Design and Access Standards for Storage Areas A. Applicable standards. The following location, design and access standards for storage areas are applicable to all four methods of compliance, described in Section 18.755.040. B. Location standards. 1. To encourage its use, the storage area for source-separated recyclable shall be co-located with the storage area for residual mixed solid waste. 2. Indoor and outdoor storage areas shall comply with uniform building and fire code requirements. 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations. CHICK-FIL-A RESTUARANT PAGE 28 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street. 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users. 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in subsection C, design standards. 7. The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The proposed development shows trash and recycle storage in one location. The single storage area meets the minimum size requirements and will be located in the parking area, outside the setback areas. The storage area is in a visible location within the parking lot. The storage area will not be located within any parking spaces. Collection vehicles will be able to access the storage area using the two access points on SW 68th Parkway and the internal drive aisles. Collection vehicles will not interfere with ped estrian movement. Additionally, it is anticipated that collection will occur at non-business hours and will therefore not obstruct vehicle movement on the site. This standard is met. C. Design standards. 1. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection. 2. Storage containers shall meet uniform fire code standards and be made and covered with waterproof materials or situated in a covered area. 3. Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position. 4. Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. The proposed storage area is 12 feet deep and 21 feet in length, sufficient size for Pride Disposal, as provided in the service provider letter dated November 17, 2017. The storage area will be covered and comply with building and fire requirements. The proposed storage areas will be screened with an eight- foot brick wall and the proposed opening meets the minimum opening of 10 feet. The storage area and container will be clearly labeled to include the type of materials accepted. This standard is met. D. Access standards. 1. Access to storage areas can be limited for security reasons; however, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service. 2. Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of 10 feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered. 3. Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, CHICK-FIL-A RESTUARANT PAGE 29 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 adequate turning radius shall be provided to allow collection vehicles to safety exit the site in a forward motion. The proposed storage areas will be accessible during business hours for staff and collection agency. At least 10 feet of horizontal clearance and eight feet of vertical clearance will be provided. The storage area is located interior to the site and is accessible to collection vehicles without requiring backing movements onto a public street. The location provides for straight on access. This standard is met. FINDING: Based on the analysis above, the mixed solid waste and recyclable storage standards have been fully met. Chapter 18.765 – Off-Street Parking and Loading 18.765.030 General Provisions 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 with the dwellings. 2. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. As shown on the applicant’s site plan (Sheet C2.0), the parking lot on the site is located adjacent to the proposed restaurant. This standard is met. F. Preferential Long-Term Carpool/Vanpool Parking. Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposed restaurant does not include any long term parking spaces; therefore, this standard does not apply. 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 of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The site plan (Sheet C2.0), shows three ADA handicap spaces located at the main entry to the building. This standard is met. CHICK-FIL-A RESTUARANT PAGE 30 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 18.765.040 General Design Standards B. Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705, Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained; and 6. Excluding single-family and duplex residences, except as provided by Section 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right- of-way will be required. The proposed access drives meet the requirements of Chapter 18.705, is clearly marked, and is designed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. Accessways will be maintained to provide clear visual clearance areas. This standard is met. D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. The site plan (Sheet C2.0), shows more than 200 feet of stacking lane for the drive-through restaurant. This standard is met. F. Pedestrian Access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. The site plan (Sheet C2.0) shows that the proposed pedestrian access is provided in accordance with Section 18.705.030.F. There are no drop-off grade separated areas within the parking area. Therefore, this standard is met. I. Parking lot striping. 1. Except for single-family and duplex residences, any area intended to be used to meet the off street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. CHICK-FIL-A RESTUARANT PAGE 31 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 The site plan (Sheet C2.0) shows that parking spaces will be clearly marked with striping. This standard is met. J. Wheel Stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The site plan (Sheet C2.0) shows a concrete curb is proposed along the perimeter parking stalls. This allows for a 2.5-foot foot overhang. Proposed shrubs and trees will be set back to ensure clearance is provided. This standard is met. N. Space and Aisle Dimensions. No more than 50% of the required spaces may be compact spaces. 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5’ x 18.5’ for a standard space; b. 7.5’ x 16.5’ for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall’s length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. According to the site plan (Sheet C2.0), the parking lot space and isle dimensions meet the applicable design standards. This standard is met. 18.765.050 Bicycle Parking Location and Access. 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 and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. 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 must provide for covered bicycle parking unless the structure will be more than 100 feet from the CHICK-FIL-A RESTUARANT PAGE 32 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. As shown in the site plan (Sheet C2.0) the applicant has proposed bicycle parking adjacent to the main entrance to the building. The parking will be visible from the building as well as the street. The parking is partially covered by a trellis. This standard is met. 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 longterm (employee) parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground, wall or other structure; 3. Bicycle parking spaces shall be at least two and one-half feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must 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 must 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 must be designed and maintained to remain well-drained. The site plan (Sheet C2.0) shows the bicycle parking will be located under the trellis. The racks will be securely anchored to the ground, details will be provided with building permits. Each space will provide the required space of 2.5 feet by six feet and will be reserved for bicycle parking only. Prior to commencing site work, the applicant shall submit detailed plans of the proposed bicycle parking. This standard is not met but can be through a condition of approval. E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. Pursuant to Table 18.765.2, bicycle parking for an eating and drinking establishment use is required at 1.0 space/1,000 square feet. Six spaces are required (4,992 square feet of restaurant and 711 square feet of outdoor dining patio = 5,703 square feet/1,000 = 5.703 x 1.0 = 5.7) and the applicant has proposed six spaces. This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. CHICK-FIL-A RESTUARANT PAGE 33 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 Table 18.765.2 states that the minimum parking requirement for an eating and drinking establishment use is 7.0 spaces/1,000 square feet. The proposed restaurant will be 4,992 square feet and the outdoor dining patio will be 711 square feet, for a total of 5,703 square feet. Therefore, a minimum of 40 spaces are required (7.0 x 5.703 = 39.9). The site will have 43 spaces. This standard is met. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.H, the following exception shall apply: 1. The following types of parking shall not be included: a) Parking contained in a parking structure either incorporated into a building or freestanding; b) Market-rate paid parking; c) Designated carpool and/or vanpool spaces; d) Designated disabled-accessible parking spaces; e) Fleet parking. The applicant has proposed a total of 43 spaces. The site is partially located in both Zone A and Zone B and the maximum parking allowed for an eating and drinking establishment use is 12.4 spaces/1,000 square feet in Zone A and 14.9 space/1,000 square feet in Zone B. The maximum allowed is ranges from 71 spaces in Zone A and 85 spaces in Zone B. The prosed parking does not exceed the maximum parking allowed. This standard is met. 18.765.080 Off-Street Loading Requirements A. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The building is less than 10,000square feet. This standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, but can be through conditions of approval. Chapter 18.780 – Signs Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. Signage is not proposed at this time. All signage will be reviewed through a Type I process and will be subject to the code standards in effect at the time of application submittal. FINDING: Because signs will be reviewed and approved as part of a separate permit process, this standard is met. Chapter 18.790 – Urban Forestry Plan 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; CHICK-FIL-A RESTUARANT PAGE 34 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 An Urban Forestry Plan prepared/approved by a certified arborist and tree risk assessor has been provided. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); The proposed site development review is to construct a new fast food restaurant, Chick-Fil-A. A tree preservation and removal plan (Sheet L1.0) was submitted identifying all 27 trees for removal. Seventeen of the trees are located on-site, and 10 are off-site. Any trees removed off-site will require permission from the property owner. The plan meets the tree preservation and removal standards, however, the signature block by the project arborist was not provided. Prior to site work, the applicant shall submit a revised tree removal and preservation plan (Sheet L1.0), with the project arborist signature block. This standard is not met, but can be through a condition of approval. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A planting plan and site canopy and parking plan (Sheet L2.0 and L3.0) was provided that shows how the canopy requirement are met through planting. According to the supplemental report, the existing soils on- site are mostly loam and moderately well drained. The arborist recommends mixing the existing soils with amended soils for newly planted trees. The applicant’s Urban Forestry Plan shows that the site meets the minimum effective canopy requirements. The plan meets the tree canopy site plan standards, however, the signature block by the project arborist was not provided. Prior to site work, the applicant shall submit a revised tree canopy site plan (Sheet L3.0), with the project arborist signature block. This standard is not met, but can be through a condition of approval. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared by the project arborist, Morgan Holen; Morgan Holen & Associates, LLC. The report includes the required inventory data for the existing open grown trees (UFM Section 10, Part 3, and Subsection D). Protection measures are not proposed since the project does not include preservation of existing trees. The supplemental report did not include the signature block by the project arborist. Prior to site work, the applicant shall submit a revised supplemental report with the project arborist signature block. The site meets the effective tree canopy in accordance with UFM Section 10, Part 3, and Subsection M). Because the site is zoned C-G, the required effective tree canopy is 33 percent for the entire site. The site is 60,530 square feet in size, therefore, 19,975 square of canopy is required. The plan shows 25 newly planted trees for a total equivalent canopy of 26, 455 square feet or 43.6 percent. The required canopy for the entire site is met. B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15% effective tree canopy cover will not be provided through any combination of tree planting or preservation for any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation requirements in the Urban Forestry Manual. CHICK-FIL-A RESTUARANT PAGE 35 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 The site meets the canopy requirements; therefore, this standard does not apply. FINDING: Based on the analysis above, the urban forestry plan requirements have been fully met. 18.790.060Urban Forestry Plan Implementation C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11, part 2 of the Urban Forestry Manual. Prior to site work, the applicant shall provide a tree establishment bond for all trees to be planted in accordance with the approved urban forestry plan. This can be met through a condition of approval D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3 of the Urban Forestry Manual states that prior to any site work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban forestry plan. This can be met through a condition of approval. FINDING: Based on the analysis above, the applicable urban forestry standards have not been met but can be through conditions of approval. Chapter 18.795 – Visual Clearance Areas 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. The planting plan (Sheet L2.0) shows the vision clearance areas will be provided and maintained as required. Some landscaping will be provided within the vision clearance area but will not exceed three feet in height. Any trees that extend into the vision clearance area will be maintained to ensure branches are all above eight feet. This standard is met. FINDING: Based on the analysis above, the visual clearance area standard is met. Chapter 18.810 – Street and Utility Improvements Standards CHICK-FIL-A RESTUARANT PAGE 36 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street 2. No development shall occur unless streets within the development meet the standards of this chapter 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. The development is a fast food chain restaurant “Chick Fil A” adjacent to SW 68th Parkway and SW Pacific Highway . Both streets are existing public streets with SW Pacific Highway under ODOT and SW 68th Parkway under Tigard jurisdictions. The site plan shows that the existing right-of-way along the development frontage on SW 68th Parkway varies between 60 feet and 65 feet. The development proposes to dedicate an additional five feet along SW 68th Parkway to provide a half right-or-way from centerline of 35 feet to accommodate the new and wider sidewalk. Currently, SW 68th Parkway is improved with two travel lanes, a center turn lane, and two bike lanes. Curb, planter, and curb tight sidewalk are also in place. The development will remove the existing sidewalk adjacent to the site and replace it with a wider sidewalk. Street trees will also be provided in tree wells. A street core sample of SW 68th Parkway must take place to determine whether the street structural pavement and rock section are adequate and meeting the City of Tigard Collector Street cross section. When the street structural section is found inadequate, half street from centerline shall be constructed, completed and/or satisfied prior to final inspection. ODOT, the City of Tigard, and the applicant agree that a fee in lieu of street improvement along the development on SW Pacific Highway is appropriate since ODOT has been planning to improve this portion of SW Pacific Highway under their capital improvement project. The applicant shall construct street improvements along the development on SW Pacific Highway in accordance with ODOT requirements or request to pay the fee in lieu. No new street is proposed or deemed necessary. This standard is met. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following condition exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorist or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a CHICK-FIL-A RESTUARANT PAGE 37 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street The narrative and site plans indicate that the street improvements will be provided. The applicant proposes to pay a fee in lieu for street improvements along the development frontage on SW Pacific Highway . This standard is met. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. The site plan shows that a shared driveway with the RPC Tigard Storage to the south is proposed. Prior to commencing site improvements, a shared access easement and maintenance agreement documents shall be submitted for review and approval. Prior to final inspection, a shared access easement and maintenance agreement shall be recorded. This standard is met. E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1 The narrative and site plans indicate that the proposed development is going to construct street improvements along the site frontage on SW 68th Parkway and pay fee in lieu of street improvement on SW Pacific Highway . The applicant shall also provide storm drainage improvement including water quality for run-off generated by new and modified impervious areas on SW 68th Parkway. This standard is met. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle, but in no case shall the angle be less than 75° unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right of way line of the acute angles; CHICK-FIL-A RESTUARANT PAGE 38 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. New streets or intersections are not proposed. SW Pacific Highway is classified as a principal arterial street and under ODOT jurisdiction. ODOT, City of Tigard, and the applicant agree that a fee in lieu of street improvement along the development frontage on SW Pacific Highway is appropriate. The fee in lieu will be paid prior to commencing of site improvement. No additional improvement on SW Pacific Highway is proposed. This standard is met. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. No additional right-or-way dedication on SW Pacific Highway is proposed. A 35-foot from centerline right- of-way dedication along the development frontage is proposed to match with the recent approved RPC Tigard Storage to the South on SW 68th Parkway. This standard is met. N. Grades and curves. 1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The proposed development is adjacent to SW 68th Parkway and SW Pacific Highway . They are all existing streets and the grades of the streets will remain unchanged. This standard is met. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans. This standard is met. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be CHICK-FIL-A RESTUARANT PAGE 39 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 from the lower classification street. The proposed development is adjacent to SW Pacific Highway , a principal arterial street and SW 68th Parkway, a collector street. No access is proposed on SW Pacific Highway . Two accesses are proposed on SW 68th Parkway. One is right turn only egress and the other is a shared access with the RPC Tigard Storage located to the south. This standard is met. W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailbox is not shown on the site plans. Mailbox locations must be submitted for review and approval prior to commencing site improvement. This standard is met. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the applicant shall provide Engineering Division a photometric analysis of the proposed development frontages 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. If required, the applicant shall submit a plan showing the location of streetlights, type and color of pole and light fixture for review and approval. This standard is met. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The site plans did not call out the structural cross sections of the streets. A street core sample of SW 68th Parkway must take place to determine whether the street structural pavement and rock section are adequate and meeting the City of Tigard Collector Street cross section. If the street structural section is CHICK-FIL-A RESTUARANT PAGE 40 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 found inadequate, half street from centerline shall be constructed, completed and/or satisfied prior to final inspection. This standard is met as conditioned. CC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the city street at the point of access and the existing ADT fall within the following range: Existing ADT 0-3,000 vpd 3,001-6,000 vpd >6,000 vpd ADT to be added by development 2,000 vpd 1,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive-through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facility; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. A TIA prepared by Kittelson & Associates dated May 15, 2018 was submitted. All intersections are forecast to operate within applicable operational standards under existing and future scenarios studied. The Chick-Fil-A is estimated to generate 81 net new weekday PM peak hour trips. A queue length of 25 to 30 standard cars will be provided onsite using the drive-through. Under existing conditions, queues on the northbound approach of SW Pacific Highway / SW 68th Parkway exceed available storage for the left-turn during all peak hour periods. Given the existing queue length condition, the development proposes to limit the north driveway to be right turn only egress. Additionally, the development proposes a shared driveway access with the RPC Tigard Storage to the south to reduce interactions between the site access and northbound queues on SW 68th Parkway. The report also suggests shifting approximately five seconds of the green time from SW Pacific Highway to SW 68th Parkway to reduce queuing on SW 68th Parkway. This standard is met. 18.910.050 Easements CHICK-FIL-A RESTUARANT PAGE 41 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainage way, there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. In addition to a zero-foot front yard setback, there are no existing overhead utilities along the development on either SW 68th Parkway or SW Pacific Highway . Thus, no additional Public Utility Easement is proposed. This standard is met. 18.810.70 Sidewalks A. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. No industrial street is proposed or deemed necessary. An eight-foot concrete sidewalk is proposed along the development on SW 68th Parkway. However, a 12-foot concrete sidewalk and planter with tree wells shall be required to match with the recent approved RPC Tigard Storage to the south. A fee in lieu of street improvement on SW Pacific Highway is proposed by the applicant and accepted by ODOT and the City of Tigard. This standard is met. B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian route within ½ mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The proposed development generates an additional 1,238 vehicle trips per day. There are existing bus stops east and west of the development on SW Pacific Highway . There are existing sidewalks on both sides of the street on SW Pacific Highway and SW 68th Parkway in addition to the traffic signal and striped crosswalks at the intersection at SW Pacific Highway and SW 68th Parkway. Additionally, a new 12-foot sidewalk and planter is proposed to replace the smaller existing sidewalk along the development frontage on SW 68th Parkway. Therefore, pedestrians can safely get from the development to the bus stops. CHICK-FIL-A RESTUARANT PAGE 42 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 There is not a sidewalk gap within 300 feet of the development. This standard is met. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: There is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case- by-case basis if a property abuts more than one street frontage. A new 12-foot concrete sidewalk and planter with tree wells will be required to match the recent approved RPC Tigard Storage to the south. This standard is met. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall be before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. CHICK-FIL-A RESTUARANT PAGE 43 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 Sidewalk in the public right-or-way or proposed public right-or-way will be inspected and approved by the City of Tigard Engineering Division. This standard is met. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permit Denied. Development permits may be restricted by the commission or hearing officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The narrative and site plans indicate that the proposed development will be serviced and connected to public sanitary sewer system on SW 68th Parkway via a service lateral. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to final inspection, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. This standard is met. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that a new onsite storm drainage system is proposed. Public sanitary sewer and storm drainage systems on SW 68th Parkway are existing and independent from one another and from the newly proposed onsite sanitary sewer and storm drainage systems. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a private drainage system including a filter manhole and a flow control manhole, and inlets are proposed. Run-off generated by the development will be captured and treated prior to discharge to the public storm system on SW 68th Parkway. Surface water is not to be carried across the intersection and allowed to flood the streets and adjacent properties. CHICK-FIL-A RESTUARANT PAGE 44 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run- off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of storm drainage improvement shall be in accordance with CWS Design and Construction Standards. This standard is met. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours, spot elevations, and surface grades in relative to the existing streets. The Applicant’s site plans also include the proposed onsite storm system and location of the catch basins and the water quality/detention facilities indicating how surface water drainage patterns will be after development. This standard is met. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the city engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the subject site. This standard does not apply. D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, 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. Prior to commencing of site improvements, submit site plans as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. Prior to final inspection, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. This standard is met. 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterial and collector routes and where identified on the city’s adopted bicycle plan in the transportation system plan (TSP). Bike CHICK-FIL-A RESTUARANT PAGE 45 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 2. Developments adjoining proposed bikeways identified on the city’s adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. The proposed development is adjacent to SW 68th Parkway and SW Pacific Highway and both are designated bicycle routes. 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant’s property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. CHICK-FIL-A RESTUARANT PAGE 46 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 There are no existing overhead utilities along the development frontage on either SW 68th Parkway or SW Pacific Highway . There are existing overhead utilities across the right-of-way on SW Pacific Highway , however, they are high power lines. No fee in lieu or exception is proposed or deemed necessary. This standard is met. FINDING: Based on the analysis above, the street and utility improvements standards have not been fully met but can be as conditioned. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Shared Access: Prior to commencing site improvements, submit a joint access easement and maintenance agreement to Engineering for review and approval. Joint access agreement must be on City form. Prior to final inspection, the joint access easement and maintenance agreement shall be recorded. Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the Tualatin Valley Water District (TVWD) jurisdiction. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to Engineering for reference and comments since those facilities are located in the City of Tigard right-or-way. Prior to commencing site improvements, provide TVWD’s approval to Engineering Division for the City’s record. Prior to final building inspection, all water improvements shall be constructed, completed and/or satisfied. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing 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. Grading and Erosion Control: CHICK-FIL-A RESTUARANT PAGE 47 OF 48 SDR2017-00006 / VAR2017-00002 / VAR2017-00003 CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage, and show the property will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. C – IMPACT STUDY SECTION 18.390.040.B.e requires that the applicant include an impact study. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has provided an impact analysis addressing the project’s impacts on public systems. The applicant’s plans propose improvements or upgrades as needed to not have any adverse impact on the city infrastructure. Existing public sanitary sewer and water laterals will serve the site. There is no known deficiency in capacity. Since the site is a commercial development, there should be no impact on the City’s parks system. A proportional share contribution will be made for the resulting transportation impacts. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and stated that water service is through Tualatin Valley Water District. The City of Tigard Police Department reviewed the proposal and has no objections to it. The City of Tigard Development Engineering Division has reviewed the proposal and provided findings which are included in the Access, Egress and Circulation section and Street and Utility Improvements Standards section of this report. Recommended conditions are included in the conditions of approval. SECTION VIII. AGENCY COMMENTS XXXXXXOHW OHW OHW OHW OHWTD DDGV110 SEATS W/ PLAYGROUNDGROSS 4,992 S.F.P12 LS LRG PACIFIC HIGHWAY (99W)SW 68TH PKWY31.13'18.45'26.00'18.00'17.00'8 STALLS @9.00' X 19.00'1111TYP.TYP.TYP.222TYP.2TYP.2TYP.2TYP.44TYP.TYP.5677TYP.8911010111313123317.00'8 STALLS @9.00' X 19.00'21.40'1211151612.00'6.00'6.50'147.67'121212123162.00'8.76'3 STALLS @9.00' X 17.00'/18.50'9 STALLS @9.00' X 17.00'/19.00'8 STALLS @9.00' X 17.00'/19.00'20.00'38.33'33.26'9.50'6.00'8.00'9.56'3 STALLS @9.50' X 17.00'/18.50'12.00'5.40' BUILDING SETBACK7.00' SETBACK5.00' ROW DEDICATION35.00'HALF ROW340.00'HALF ROW1874.21'61925.05'12.00'209.67'34.00'HALF ROWVARIES(40.0'-43.2')5.00' CL JOG3.33'17EXISTING STREETLIGHT TO REMAIN8.00' PUBLIC SIDEWALKPROPOSEDCOMMERCIALDRIVE APPROACHPROPOSEDEGRESS ONLY20.00' EXTG.PGE EASEMENT6.00'65.00' ROWAA2021ȭVISIONCLEARANCETRIANGLE 7.00'13.00'1 STALL @9.00' X 15.92'/16.50'1 STALL @9.00' X 14.88'/16.50'43.80' PAVED WIDTHSTRIPEDPEDESTRIANCROSSINGSTRIPEDPEDESTRIANCROSSING5.17'WORK TO BE COORDINATEDWITH STORAGE FACILITYOWNER/CONTRACTOR232212.00'12.00'12.00'PROPOSED SHAREDACCESS EASEMENT2 STALLS @9.00' X 17.00'/18.50'1 STALL @9.00' X 19.63'G I DUOYEROFEBLLA COREGON UTILITYNOTIFICATION CENTER1-800-332-2344PROPOSED STANDARD CONCRETE CURB.720 SW Washington Street, #750 Portland, Oregon 97205 971-280-8641 P R E L IM I N A R Y LEGEND:- EXISTING RIGHT-OF-WAY LINE- PROPOSED BUILDING- PROPOSED WALL- CONIFEROUS TREE- DECIDUOUS TREE- PROPOSED CURB- EXISTING CENTERLINE- EXISTING PROPERTY LINESITE INFORMATION10935 SW 68TH PKWYPORTLAND, OREGON 97223, TAX LOT 6502TOTAL LOT AREA:1.390 ACRES (60,530 SF)TOTAL LOT LANDSCAPE AFTER DEVELOPMENT: 17,648 SF (29.1%)TRASH ENCLOSURE AREA: 384 SFSITE COVERAGE: 70.9%SITE PARKING STATISTICSEXISTING BUILDING AREA (TO BE REMOVED):7,913 SFPROPOSED BUILDING AREA:4,992 SFTOTAL STALLS REQUIRED:35(7 STALLS/1,000 GFA)TOTAL STALLS PROVIDED:43STANDARD STALLS 36COMPACT STALLS4ADA STALLS3TOTAL BICYCLE PARKING REQUIRED:5 SPACES(1 SPACE/1,000 GFA)TOTAL BICYCLE PARKING PROVIDED:6 SPACES- PROPOSED PROPERTY LINE- PROPOSED RIGHT-OF-WAY LINECONSTRUCTION NOTES3003060SCALE IN FEET123C2.0SITE PLANPROPOSED STANDARD CURB WITH 18" LANDSCAPE ANDIRRIGATION PROTECTION EXTENSION.PROPOSED 4" WHITE PAINTED PARKING STRIPE.4PROPOSED CONCRETE WHEEL STOP.5PROPOSED STANDARD A.D.A. STALL AND SIGNAGE.67PROPOSED DRIVE-THRU EQUIPMENT AND SIGNAGE.8PROPOSED TRASH ENCLOSURE. SEE ARCHITECTURAL PLANSFOR ELEVATION.9PROPOSED PLAZA AREA.10PROPOSED A.D.A. RAMP.12PROPOSED LOCK-N-LOAD RETAINING WALL.11PROPOSED DRIVE-THRU CONCRETE.13PROPOSED CAST-IN-PLACE RETAINING WALL.- PROPOSED CONCRETE SURFACE- PROPOSED LIGHT ASPHALT PAVEMENT14PROPOSED VAN ACCESSIBLE A.D.A. STALL AND SIGNAGE.15PROPOSED TRELLIS CANOPY.16PROPOSED DRIVE-THRU SIGNAGE.PROPOSED ASPHALT PAVEMENT SURFACE.1718PROPOSED BIKE RACKS PER DETAIL THIS SHEET. (3) BIKERACKS TO PROVIDE (6) BICYCLE PARKING SPACES.2'-6"TYPICAL2'-6"TYPICALOLYMPIA BIKE RACKMODEL: SKOLY, POWDER-COATED COLOR : BLACKTOP VIEWSIDE VIEW7" 35.6"7"6'19EXISTING DRIVEWAY TO BE REMOVED AND BE REPLACED WITHSTANDARD CURB.20REMOVE EXISTING SIGN.- PROPOSED HEAVY ASPHALT PAVEMENTPROPOSED "NO RIGHT TURN" AND "DO NOT ENTER" SIGN.ATTENTION: OREGON LAW REQUIRES YOU TO FOLLOW RULESADOPTED BY THE OREGON UTILITY NOTIFICATION CENTER.THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGHOAR 952-001-0090. YOU MAY OBTAIN COPIES OF THE RULES BYCALLING THE CENTER. (NOTE THE TELEPHONE NUMBER FORTHE OREGON UTILITY NOTIFICATION CENTER IS (503) 232-1987.)NOT TO SCALEFRONTAGE IMPROVEMENTS (SECTION A-A)STREET TREE - SEELANDSCAPE PLAN (SHEETL2.0) FOR TREE LOCATIONS5' ROW DEDICATION35'/40' HALF ROW (SEE PLAN)EXISTING CURB ANDASPHALT TO REMAINEXCEPT FORDRIVEWAY CUTS8.00' PUBLIC SIDEWALKPLANTER STRIP VARIES (~4.5' WIDTH)65' ROW2.00' SETBACKON-SITE LOCK-N-LOADWALL (5' MAX HTADJACENT TO SIDEWALK)NOT TO SCALEBIKE RACK DETAIL1.5%21PROPOSED PEDESTRIAN CROSSWALK.+/- 13 FEET22PROPOSED RAMP WITH HAND RAILS23PROPOSED "STOP" AND "DO NOT BLOCK INTERSECTION" SIGN.Attachment 1        VICINITY MAP  SDR2017-00006 VAR2017-00002 VAR2017-00003  Chick-Fil-A  Subject Site Approx. Scale 1:4,000 - 1 in = 333 ft  Map printed at 03:38 PM on 16-Jul-18 Information on this map is for general location only and should be verified with the Development Services Division. DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503 639-4171 www.tigard-or.gov    Attachment 2 ENGINEERING COMMENTS PAGE 1 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 18, 2018 TO: Agnes Lindor, Associate Planner FROM: Khoi Le, Principal Engineer PROJECT: SDR2017-0006/VAR2017 -00002/VAR2018 -00003 CHICK-FIL-A 18.910.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to th e development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the deve lopment. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. The development is a fast food chain restaurant “Chick Fil A” adjacent to SW 68th Parkway and Pacific Hwy (99W). Both streets are existing public streets with 99W under Oregon Department of Transportation (ODOT) and 68 th Parkway under Tigard jurisdictions respectively. The site plans show that the existing rights of way along the development frontage on 68 th Parkway varies between 60 feet and 65 feet. The development proposes to dedicate an additional 5 feet along 68 th Parkway to provide a half right of way from centerline of 35 feet to accommodate the new and wider sidewalk. Currently, 68 th Parkway is improved with two travel lanes, a center turn lane, and two bike lanes. Curb, planter, and curb tight sidewalk are also in place. The development will remove the existing sidewalk adjacent to the site and replace with wider sidewalk. Street trees also will be provided in tree wells. A street core sample of 68th Parkway must take place to determine whether the street structural pavement and rock section are adequate and meeting the City of Tigard Collector Street cross sec tion. When the street structural section is found inadequate, half street from centerline shall be constructed, completed and/or satisfied prior to final inspection. Attachment 3 ENGINEERING COMMENTS PAGE 2 ODOT, the City of Tigard, and the Applicant agree that a fee in lieu of street improve ment along the development on 99W is appropriate since ODOT has been planning to improve this portion of 99W under their capital improvement project. The Applicant shall construct street improvement along the development on 99W in accordance with ODOT requirements. No new street is proposed or deemed necessary. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following condition exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorist or pedestrians; c. Due to the nature of existin g development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. The narrative and site plans indicate that the street improvements will be provided . The Applicant propose s to pay a fee in lieu for street improvements along the development frontage on 99W. B. Creation of rights -of-way for streets and related purposes. Rights -of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic condition. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present : a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or Attachment 3 ENGINEERING COMMENTS PAGE 3 b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an at tempt to evade the provisions of this title governing the control of subdivisions or major partitions. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5 -14A through 5 -14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 2. With each application for approval of a road or street right -of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval. a. The applicant shall submit such additional and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shal l be made. b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which area necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name “the public” as grantee. Both 68 th Parkway and 99W are existing rights of way. The site plan shows a 5 feet right of way dedication will be provided to match the right of way of the recent approved development of RPC Tigard Storage to the south. No additional right of way dedication is proposed or deemed necessary on 99W. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and main tained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. The site plan shows that a shared driveway with the RPC Tigard Storage to the south is proposed. Prior to commencing site improvements, a shared access easement and maintenance agreement documents shall be submitted to Engineering Division for review and approval. Prior to final inspection, a shared access easement and maintenance agreement shall be recorded. Attachment 3 ENGINEERING COMMENTS PAGE 4 D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the purposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section; and The proposed development is adjacent to 68th Parkway and 99W. They are existing streets and the grades of the streets will remain unchanged. 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street pattern because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. All the existing streets are shown on the plan. E. Minimum Rights -of-Way and Street Widths: Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Downtown District, street right -of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision -making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by reso lution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1 1. The decision -making body shall make its decision about desired right -of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the comprehensive plan transportatio n chapter- functional street classification. b. Anticipated traffic generation. c. On-street parking needs. d. Sidewalk and bikeway requirements. e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. Attachment 3 ENGINEERING COMMENTS PAGE 5 i. Planting and landscape areas. j. Safety and comfort for motorists, bicyclists, and pedestrians. k. Access needs for emergency vehicles. The narrative and site plans indicate that the proposed development is going to construct street improvements along the site frontage on 68th Parkway and pay fee in lieu of street improvement on 99W. The Applicant shall also provide storm drainage improvement including water quality for run - off generated by new and modified impervious areas on 68 th Parkway. F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant’s request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. No future street plan is proposed or deemed necessary. b. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. The proposed development is adjacent to bus routes 64 and 94 on 99W. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not consider ed to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the city engineer, the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul -de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. No street extension, cul -de-sac, or turnout is proposed and deemed necessary . I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle, but in no case shall the angle be less than 75° unless there is special intersection design, and: No new intersection is proposed or deemed necessary. Attachment 3 ENGINEERING COMMENTS PAGE 6 1. Streets shall have at least 25 fee t of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; No new street is proposed or deemed necessary. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the rig ht of way line of the acute angles; No new intersection is proposed or deemed necessary. The applicant will pay a fee in lieu of street improvement on 99W. 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. 99W is a principal Arterial St and under ODOT jurisdiction. ODOT, City of Tigard, and the Applicant agree that a fee in lieu of street improvement along the development frontage on 99W is appropriate. The fee in lieu will be paid prior to commencing of site improvement. No additional improvement on 99W is proposed. J. Existing rights -of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights -of-way shall be provided at the time of subdivision or development. No additional right of way dedication on 99W is proposed. A 35-foot from centerline right of way dedication along the development frontage is proposed to match with the recent approved RPC Tigard Storage to the South on 68 th Parkway. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requi rements of these regulations, and when it will be practical to require the improvement of the other half when adjoining property developed . No partial improvement is proposed. L. Cul-de-sac No cul-de-sac is proposed or deemed necessary. M. Street nam e. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding a rea and as approved by the city engineer. No new street name is proposed or deemed necessary. N. Grades and curves. Attachment 3 ENGINEERING COMMENTS PAGE 7 1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The proposed development is adjacent to 68th Parkway and 99W. They are all existing streets and the grades of the streets will remain unchanged. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required; exce pt: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans . P. Street adjacent to railroad right-of-way. The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable . Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential acc ess and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to me et the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The proposed development is adjacent to 99W, an Arterial Street and 68 th Parkway, a Collector Street. No access is proposed on 99W. Two accesses are proposed on 68 th Parkway. One is right turn only egress and the other is a shared access with the RPC Tigard Storage located to the south. R. Alleys, public or private. The site does not propose any alleys , public or private. Attachment 3 ENGINEERING COMMENTS PAGE 8 S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer’s registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. 68th Parkway and 99W are existing streets. No new survey monuments are proposed or deemed necessary. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. No private street is proposed or deemed necessary. U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable . V. Street Signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. No new street or street name is proposed or deemed necessary. W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailbox is not shown on the site plans . Mailbox locations must be submitte d for review and approval prior to commencing site improvement. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. Attachment 3 ENGINEERING COMMENTS PAGE 9 No traffic signal is required. This standard is not applicable . Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city’s direction . Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis of the proposed development frontages 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. If required, the Applicant shall submit a plan showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. No new street name is proposed or deemed necessary. AA. Street cross -section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C a sphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The site plans did not call out the structural cross sections of the streets. A street core sample of 68 th Parkway must take place to determine whether the street structural pavement and rock section are adequate and meeting the City of Tigard Collector Street cross section. If the street structural section is found inadequate, half street from centerline sha ll be constructed, completed and/or satisfied prior to final inspection. BB. Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of Attachment 3 ENGINEERING COMMENTS PAGE 10 funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five -year time period will be refunded to the developer. No traffic calming is proposed or deemed necessary. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within th e following ranges: Existing ADT ADT to be added by development 0 -3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. A Traffic Impact Analysis (TIA) prepared by Kittelson & Associates dated May 15, 2018 was submitted. All intersections are forecast to operate within applicable operational standards Attachment 3 ENGINEERING COMMENTS PAGE 11 under existing and future scenarios studied. The Chick -Fil-A is estimated to generate 81 net new weekday PM peak hour trips. A queue length of 25 to 30 standard cars will be provided onsite using the drive -thru. Under existing conditions, queues on the northbound approach of 99W/68 th Parkway exceed available storage for the left -turn during all peak hour periods. Given the existing queue length condition, the devel opment proposes to limit the north driveway to be right turn only egress. Additionally, the development proposes a shared driveway access with the RPC Tigard Storage to the south to reduce interactions between the site access and northbound queues on 68 th Parkway. The report also suggests shifting approximately 5 seconds of the green time from 99W to 68th Parkway to reduce queuing on 68 th Parkway. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainage way, there shall be provided a stormwater easement or drainage right -of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. In addition to zero-foot front yard setback, there are no existing overhead utilities along the development on either 68th Parkway or 99W. Thus, no additional Public Utility Easement (PUE) is proposed. 18.810.70 Sidewa lk. A. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting the city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. No industrial street is proposed or deemed necessary. An 8-foot concrete sidewalk is proposed along the deve lopment on 68 th Parkway. However, a 12 -foot concrete sidewalk and planter with tree wells shall be required to match with the recent approved RPC Tigard Storage to the south. Fee in lieu of street improvement on 99W is proposed by the Applicant and accepted by ODOT and the City of Tigard. Attachment 3 ENGINEERING COMMENTS PAGE 12 B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.2 5 x the straight line distance) pedestrian route within ½ mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gap s in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The proposed development generate s an additional 1,238 vehicle trips per day. There are existing bus stops east and west of the development on 99W. There are existing sidewalks on both sides of the street on 99W and 68 th Parkway in addition to the traffic signal and striped crosswalks at the intersection at 99W and 68 th Parkway. Additionally, a new 12 -foot sidewalk and planter is proposed to replace the smaller existing sidewalk along the development frontage on 68 th Parkway. Therefore, pedestrians can safely get from the development to the bus stops. There is not a sidewalk gap wi thin 300 feet of the development . C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: There is inadequate right -of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as req uired; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case -by-case basis if a property abuts more than one street frontage. A new 12-foot concrete sidewalk and planter with tree wells will be required to match the recent approved RPC Tigard Storage to the south. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewa lks, curbs and planter strips. E. Application for permit a nd inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, sha ll be before entering upon the work or Attachment 3 ENGINEERING COMMENTS PAGE 13 improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2 . The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. 18.910.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan appr oval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over -sizing. Proposed sewer systems shall include consideration of additional development within the a rea as projected by the comprehensive plan. D. Permit Denied. Development permits may be restricted by the commission or hearing officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The Applicant’s narrative and site plans indicate that the proposed development will be serviced and connected to public sanitary sewer system on 68 th Parkway via a service lateral . Attachment 3 ENGINEERING COMMENTS PAGE 14 Prior to comme ncing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to final inspection, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a d evelopment permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that a new onsite storm drainage system is proposed. Public sanitary sewer and storm drainage systems on 68th Parkway are existing and independent from one another and from the newly proposed onsite sanitary sewer and storm drainage systems. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a private drainage system including a filter manhole and a flow control manhole, and inlets are proposed. Run-off generated by the development will be captured and treated prior to discharge to the public storm system on 68 th Parkway. Surface water is not to be carried across the intersection and allowed to flood the streets and adjacent properties. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of storm drainage improvement shall be in accordance with CleanWater Services Design and Construction Standards. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours, spot elevations, and surface grades in relative to the existing streets . The Applicant’s site plans also include the proposed onsite storm system and location of the catch basin s and the water quality/detention facilities indicating how surface water drainage patterns will be after development. B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right -of- Attachment 3 ENGINEERING COMMENTS PAGE 15 way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The site is not traversed by a watercourse, drainageway, channel or stream. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the city engineer shall approve the necessary size of the facility, based on the provision s of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the subject site. D. Effec t on downstream drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, 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. Prior to commencing of site improvements, submit site plans as part of the PFI pe rmit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. Prior to final inspection, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. 18.910.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterial and collector routes and where identified on the city’s adopted bicycle plan in the transportation system plan (TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 2. Developments adjoining proposed bikeways identified on the city’s adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights -of-way, provided such Attachment 3 ENGINEERING COMMENTS PAGE 16 dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. The proposed development is adjacent to 68th Parkway and 99W and both are designated bicycle routes. 18.910.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surfac e mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arran gements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made . B. Information on development plans. Th e applicant for a development shall show on the development plan or in the explanatory information, easements for all underground facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic . C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under -grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case -by-case basis. The most common, but not the only, such situation is a short frontage development for which undergroundin g would result in the placement of additional poles, rather than the removal of above -ground utilities facilities. 2. An applicant for a development which is se rved by utilities which are not underground and which are located across a public right -of-way from the applicant’s property shall pay the fee in -lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility line s and from the fee in-lieu of undergrounding. Attachment 3 ENGINEERING COMMENTS PAGE 17 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The city e ngineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in -lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front -foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existin g overhead utilities. The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utiliti es within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. There are no existing overhead utilities al ong the development frontage on either 68th Parkway or 99W. There are existing overhead utilities across the right of way on 99W however they are high power lines. No fee in lieu or exception is proposed or deemed necessary. 1 8.920 .030. General Provision 18.920.30.H Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility) The development is a fast food chain restaurant “Ch ick Fil A” adjacent to SW 68th Parkway and Pacific Hwy (99W). Both streets are existing public streets with 99W under Oregon Department of Transportation (ODOT) and 68th Parkway under Tigard jurisdictions. A Traffic Impact Analysis (TIA) prepared by Ki ttelson & Associates dated May 15, 2018 was submitted. The TIA included the queueing and stacking analyses. Two Sight Distance Exhibits were submitted however, the certificates and calculations of the required sight distances were not included. Attachment 3 ENGINEERING COMMENTS PAGE 18 Prior to commencing site improvements, submit the Preliminary Sight Distance Certifications for both proposed driveways to Engineering Division for review and approval. Prior to final inspection, submit to the Final Sight Distance Certification indicating that s ight distances are still adequately provided at both proposed driveways . 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant’s traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. The narrative and site plans indicated that the two proposed driveways are set at approximately 215 feet apart on 68 th Parkway. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Shared Access: Prior to commencing site improvements, submit a joint access easement and maintenance agreement to Engineering for review and approval. Joint access agreement must be on City form. Prior to final inspection, the joint access easement and maintenance agreement shall be recorded. Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the Tualatin Valley Water District (TVWD) jurisdiction. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to Attachment 3 ENGINEERING COMMENTS PAGE 19 Engineering for reference and comments since those facilities are located in the City of Tigard right of way. Prior to commencing site improvements, provide TVWD’s approval to Engineering Division for the City’s record. Prior to final building inspection, all water improvements shall be constructed, completed and/or satisfied. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construct ion of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tig ard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage, and show the property will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the Cit y of Tigard. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Attachment 3 ENGINEERING COMMENTS PAGE 20 THE FOLLOWING CONDIT IONS SHALL BE SATISF IED PRIOR TO PERMIT SUBMISSION: 1. The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDIT IONS SHALL BE SATISF IED PRIOR TO COMMENCING ANY ONSIT E IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements, to th e ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503 -718 -2440. The cover letter shall clearly identify where in the submittal the required information is found: 2. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and sta ndards:  City of Tigard Public Improvement Design Standards  CleanWater Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Fire Codes  Other applicable County, State, and Federal Codes and Standard Guideli nes 3. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extension s are subject to the City Engineer’s review, modification, and approval. 4. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work includi ng stormwater Water Quality and Quantity 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 infras tructures 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. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of 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 Attachment 3 ENGINEERING COMMENTS PAGE 21 City of Tigard Public Improvement Design Standard s, which are available at City Hall and the City’s web page (www.tigard -or.gov). 5. Prior to commencing 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. 6. Prior to commencing 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 pha se. 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 inv olved 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. 7. Prior to commencing site improvements, the Applicant shall provide Engine ering Division a photometric analysis for the review and approval. New LED 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. 8. Prior to commencing site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 68th Parkway shall include and shall be shown to have:  Minimum 35 -foot from centerline right of way dedication  23-foot from centerline asphalt concrete pavement meeting City of Tigard Collector Street cross section  12-foot concrete sidewalk and planter with tree wells  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Street signs, striping and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards Attachment 3 ENGINEERING COMMENTS PAGE 22 9. ODOT, City of Tigard, and the Applicant agree that a fee in lieu of street improvement along the development frontage on 99W is appropriate. The Applicant shall construct street improvement along the development on 99W in accordance with ODOT requirements or can request to pay the fee in lieu. The proposed fee in lieu shall be reviewed and approved by ODOT and the City of Tigard. 10. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run -off generated by the development will be collected, conveyed, 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 Standards. 11. Prior to commencing 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. 12. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigar d and CWS Design and Construction Standards. 13. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue f or fire flow, hydrant placement, and emergency vehicular access and turn a round. 14. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to Engineering Division for reference and comments since those facilities are located in the City of Tigard right of way. 15. Prior to commencing site improvements, provide TVWD’s approval to Engineering Division for the City’s record. 16. Prior to commencing site improvements, an erosion control plan shall be provided as part of the PFI Permit. 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 plans. 17. Prior to comme ncing 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 the property will be graded to insure that surface drainage is directed t o the street or a public storm drainage system approved by the Engineering Division. Attachment 3 ENGINEERING COMMENTS PAGE 23 18. Prior to commencing site improvements, submit the Preliminary Sight Distance Certifications for both proposed driveways to Engineering Division for review and approval. 19. Prior to commencing site improvements, submit a joint access easement and maintenance agreement to Engineering for review and approval. Joint access agreement must be on City form. THE FOLLOWING CONDIT IONS SHALL BE SATIFIED PRIOR TO FINAL INSPECTION 20. Prior to final building inspection, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The Applicant shall obtain conditional acceptance from the City, and provide a one -year maintenance assurance for said improvements. 21. Prior to final building inspection, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. 22. Public and private storm water quality and quantity facilities shall be provided with 3 and 2 years of maintenance respectively. Prior to final building inspection, the Applicant shall provide Engineering Division evidences 23. Prior to final building inspection, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight dista nces are adequately provided at both driveways on SW 68 th Parkway . 24. Prior to final building inspection, a joint access easement and maintenance agreement shall be recorded. 25. Fee in lieu of street improvement along the development frontage on 99W shall be paid prior to final building inspection. IN ADDITION, THE APP LICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.830.07 0 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Developer shall:  Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and Attachment 3 ENGINEERING COMMENTS PAGE 24  Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the f ull cost and expenses from the Developer. The agreement shall stipulate i mprovement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.830.08 0 Bond: As required by Se ction 18.430.080, the Developer shall file with the agreement an assurance of performance supported by one of the following:  An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;  A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or  Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The Developer shall not cause termination of nor allow expiration of said guarantee witho ut having first secured written authorization from the City. 18.830.0 9 0 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS C hapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:  All centerline -centerline intersection points;  All cul-de-sac center points; and  Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, culde -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. Attachment 3 ENGINEERING COMMENTS PAGE 25 18.910.120 Utilities All utility lines including, but not limi ted to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface -mounted transformers, surface -mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.910.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.910.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be underta ken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.910.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.910.200 Engineer's Certification The land Developer's Design E ngineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improveme nts or any portion thereof for operation and maintenance. Attachment 3 Attachment 4 June 7th, 2018 ODOT #7758 ODOT Response Project Name: Chick-Fil-A (Tigard) Jurisdiction Case #: SDR2017-00006 Jurisdiction: City of Tigard Legal Description: 01S 01W 136A Tax Lot(s): 06502 Site Address: 10935 SW 68th Parkway State Highway: OR 99W The site of this proposed land use action is adjacent to OR 99W. ODOT has permitting authority for this facility and an interest in ensuring that this proposed land use is compatible with its safe and efficient operation. ODOT RECOMMENDED LOCAL CONDITIONS OF APPROVAL Frontage Improvements The applicant shall construct or pay a fee in lieu of the following improvements to the OR 99W frontage: curb, sidewalk, cross walk ramps and bike lane as necessary to be consistent with local, ODOT and ADA standards. Please send a copy of the Land Use Notice including conditions of approval to: ODOT Region 1 Planning Development Review 123 NW Flanders St Portland, OR 97209 Region1_DEVREV_Applications@odot.state.or.us Development Review Planner: Marah Danielson 503.731.8258, marah.b.danielson@odot.state.or.us Traffic Contact: Avi Tayar, P.E. 503.731.8221 District Contact: James Nelson 971.673.2942 Oregon Kate Brown, Governor Department of Transportation Region 1 Headquarters 123 NW Flanders Street Portland, Oregon 97209 (503) 731.8200 FAX (503) 731.8259 Attachment 4 Attachment 4 Attachment 4 www.tvfr.com Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600 South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97070-9641 503-259-1500 Command & Business Operations Center and North Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577 June 19, 2018 Agnes Lindor City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Chick-Fil-A Tax Lot I.D: 1S136AD Lot 6502 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 May 23, 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. 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) 2. 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 shal l have red letters on a white reflective background. (OFC D103.6) 3. 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. 4. 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) 5. 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) Attachment 4 Commercial/Multi-Family 3.5– Page 2 6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). Documentation from a r egistered engineer that the final construction is in accordance with approved plans or the requirements of the Fire Code may be requested. (OFC 503.2.3) 7. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the same center point. (OFC 503.2.4 & D103.3) 8. ACCESS ROAD GRADE: Fire apparatus access roadway grades shall not exceed 15%. Alternate methods and materials may be available at the discretion of the Fire Marshal (for grade exceeding 15%). 9. ANGLE OF APPROACH/GRADE FOR TURNAROUNDS: Turnarounds shall be as flat as possible and have a maximum of 5% grade with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 10. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 11. 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) FIREFIGHTING WATER SUPPLIES: 12. 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 13. 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) 14. 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) Attachment 4 Commercial/Multi-Family 3.5– Page 3 FIRE HYDRANTS: 15. 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) 16. 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) 17. 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) 18. 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) 19. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) 20. FIRE DEPARTMENT CONNECTION (FDC) LOCATIONS: FDCs shall be located within 100 feet of a fire hydrant (or as approved). Hydrants and FDC’s shall be located on the same side of the fire apparatus access roadway or drive aisle, fully visible, and recognizable from the street or nearest point of the fire department vehicle access or as otherwise approved. (OFC 912.2.1 & NFPA 13) • Fire department connections (FDCs) shall normally be located remotely and outside of the fall -line of the building when required. FDCs may be mounted on the building they serve, when approved. • FDCs shall be plumbed on the system side of the check valve when sprinklers are served by underground lines also serving private fire hydrants. BUILDING ACCESS AND FIRE SERVICE FEATURES 21. 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) 22. 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 wit h its background. (OFC 509.1) 23. 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 f ronting 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. Sincerely, Attachment 4 Commercial/Multi-Family 3.5– Page 4 John Wolff John Wolff Deputy Fire Marshal II Email John.wolff@tvfr.com 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/DocumentCenter/View/1296 Attachment 4 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5