4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR General Information V/TDD. Staff Report

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1 CITY of BEAVERTON 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR General Information V/TDD Staff Report HEARING DATE: Wednesday, October 20, 2010 TO: FROM: PROPOSAL: LOCATION: Planning Commission Scott Whyte, Senior Planner : Case Files CU , DR , ADJ Northwest corner of SW Walker Road and SW 150 th Avenue; Map 1S1-05AC, Tax Lots 100 & 200 SUMMARY: The applicant proposes to construct a new retail/restaurant building (2,980 square feet) and a separate kiosk (324 square feet) for coffee drive-through service. The retail/restaurant building will also provide a drive-through service, intended for Subway Sandwiches. 25 parking spaces will be provided on-site and access is proposed from SW 150 th Avenue. 24-hour operation is proposed, primarily for Subway Sandwiches. This request consists of three applications: Conditional Use, Design Review 3, and Minor Adjustment. The Conditional Use is a request to extended hours of operation. In the Neighborhood Service (NS) zone, hours of operation (between 10pm and 7am) are conditionally permitted. The Design Review 3 application will review the building design, parking lot design, lighting, landscaping and other associated design elements to standards and guidelines. The Minor Adjustment application will consider a proposal to reduce the minimum front yard setback (of 20-feet) for the coffee kiosk from SW 150 th Ave. The setback proposal is for 18.5 feet. APPLICANT APPICANT REPRESENTATIVE: Dade One, LLC Attn: Gary Dent P.O. Box 906 Beaverton, OR Tiland/Schmidt Architects PC Attn: Frank Schmidt, Chuck Oliver 3611 SW Hood Ave., Suite 200 Portland, OR Report Date October 13, 2010 SR-1 Contents

2 RECOMMENDATIONS: APPROVAL of CU (Walker Road Retail Building), subject to conditions identified at the end of this report. APPROVAL of DR (Walker Road Retail Building), subject to conditions identified at the end of this report. APPROVAL of ADJ (Walker Road Retail Building), subject to conditions identified at the end of this report. Report Date October 13, 2010 SR-2 Contents

3 Exhibit 1.1 Vicinity Map : CU , DR , ADJ Report Date October 13, 2010 SR-3 Contents

4 Exhibit 1.2 Aerial Map CU , DR , ADJ Report Date October 13, 2010 SR-4 Contents

5 BACKGROUND FACTS Key Application Dates Application Submittal Date Deemed Complete Day 120 CU DR ADJ July 14, 2010 September 3, 2010 January 1, 2011 Existing Conditions Table Zoning Current Development Site Size & Location NAC Surrounding Uses Neighborhood Service Center (NS) Two tax lots, undeveloped, vacant. Located at the northwest corner of SW Walker Road and SW 150 th Avenue, and can be specifically identified as Tax Lots 100 & 200 on Washington County Tax Assessor s Map 1S1-05AC. No site address. Total site area is approximately 22,350 square feet. Five Oaks / Triple Creek Zoning: North: County General Commercial South: Station Community - Employment East: NS Neighborhood Service Center West: County R-15 Residential Uses: North: Commercial Service South: Office Park East: Fuel Service Station West: Residential DESCRIPTION OF APPLICATION AND TABLE OF CONTENTS Attachment A: Facilities Review Committee Technical Review and Recommendation Report Attachment B: CU The Conditional Use application will review the proposal for extended hours of operation, between hours of 10pm and 7am (24-hours proposed) Attachment C: DR The Design Review application will review building design, parking lot design, lighting, landscaping and other associated design elements to applicable standards (and corresponding guidelines where the standard is not met). PAGE No. FR 1 11 CU 1 8 DR 1 10 Report Date October 13, 2010 SR-5 Contents

6 Attachment D: ADJ The Minor Adjustment application reviews the applicant s request for adjustment to the minimum setback along a street frontage. ADJ 1 7 Attachment E: Conditions of Approval COA 1 9 Public Comment: In time for this report staff received the following: 1. correspondence dated September 18, 2010 from David West, owner of properties located on SW 150 th Avenue. Agency Comments: In time for this report staff received the following: 2. Letter dated September 27, 2010, from Washington County, Department of Land Use and Transportation. Exhibits Exhibit 1. Materials submitted by Staff Exhibit 1.1 Vicinity Map (page SR-3 of this report) Exhibit 1.2 Aerial Map (page SR-4 of this report) Exhibit 2. Materials submitted by the Applicant Exhibit 2.1 Applicant s Combined Application Package Revised October 6, 2010 Report Date October 13, 2010 SR-6 Contents

7 ATTACHMENT A FACILITIES REVIEW COMMITTEE : CU , DR Section Facilities Review Committee: The decision-making authority will determine whether the application as presented meets the Facilities Review approval criteria for the subject application and may choose to adopt, not adopt, or modify the Committee s findings, below. The Facilities Review Committee Criteria are reviewed for all criteria that are applicable to the submitted application as identified below: All twelve (12) criteria (A through L) are applicable in review of two of the three land use applications submitted: Conditional Use and Design Review 3, case files CU and DR A. All critical facilities and services related to the proposed development have, or can be improved to have, adequate capacity to serve the proposed development at the time of its completion. Chapter 90 of the Development Code defines critical facilities to be services that include public water, public sanitary sewer, storm water drainage and retention, transportation and fire protection. In response to critical facilities the applicant describes the proposed storm drainage system and how drainage will be treated with filters and then discharged to a line in Walker Road. The applicant also describes the proposal for installing sanitary sewer with 8-inch lateral lines. The applicant also describes the proposal for providing water service to each business via Tualatin Valley Water District. Tualatin Valley Fire and Rescue has reviewed the proposal and has no comments or concerns in response to this proposal. Hydrants are shown to be relocated consistent with the location as approved by TVF&R staff. The City Transportation Division has also reviewed the proposal. Comments and findings in response to proposed on-site and off-site circulation system are identified under Criterion F and G of this document. Traffic Impact Analysis (TIA) was submitted by the applicant s traffic engineer, Lancaster Engineering, dated July 1, 2010, and supplemented by letter addendums dated September 3, 2010 and September 20, 2010 to address the requirements of Development Code, Section In this case, trip generation is based on the proposal to construct a 1,850 square foot Subway fast food restaurant, a 1,146 square foot office building and a 324 square foot coffee kiosk. The site is currently undeveloped. The TIA analyzed the signalized intersection of Walker Road and 150 th Avenue and the site access onto 150 th Avenue. Using ITE trip generation rates, the analysis forecast that in the year 2012, the addition of new trips generated by the proposed uses will have only a minimal impact on the current Level Of Service (LOS) B at the intersection of Walker Road and 150 th, increasing from 12 seconds of delay to 15 seconds of delay in the AM peak hour, but remaining at LOS B in both the AM and PM peak hours. The technical memorandum also analyzed the queuing of vehicles at the southbound FR-1 Technical Review & Recommendations

8 approach on Walker Road and the possible impact on the northbound left turning vehicles to the site entrance/exit. It concluded that the southbound left turning vehicles will not block the northbound development turning movement in the peak hours. The analysis also found that all of the intersections within the area of influence impacted by the new development traffic, presently operate at an acceptable level of service based on City of Beaverton standards (average intersection control delay no greater than 65 seconds and a v/c ratio of each lane group no greater than 0.98). It concluded that with the addition of this development s new traffic, the level of service of the Walker Road/150 th intersection would still be within the City s acceptable range of v/c ratio and delay standards. Development Code Section also requires that the TIA include an analysis of the potential long-range impacts to the local transportation system identified in the City s Comprehensive Plan Transportation Element and the regional transportation system identified in Metro s Regional Transportation Plan. The forecast year is the forecast year of the Comprehensive Plan Transportation Element, Analysis found that this proposed development is consistent with the assumed uses in the TSP and is consistent with the Comprehensive Plan Transportation Analysis Zone (TAZ) designation for employment. Therefore no further analysis was required. Site Development has also reviewed the proposal and with this document finds all critical facilities and services related to this proposal to have adequate capacity to serve the development. As a condition of approval, the applicant is required to construct all necessary extensions and connections to all public facilities and services. Necessary extensions are further described in the Facilities Review Conditions of approval as prepared by the City Development Services Engineer (hereto). Street Improvements to SW Walker Road and SW 150 th Avenue: According to the City Functional Classification Plan, SW Walker Road is classified as an Arterial and is maintained by Washington County, while SW 150 th is classified as a Neighborhood Route and is maintained by the City. That portion of SW Walker Road along the site frontage is less the Arterial standard in required width and other improvements (i.e., sidewalk, curb & gutter). Similarly, that portion of SW 150 th Avenue along the site frontage is less the Neighborhood Route standard. City Neighborhood Route street design standards are identified in Chapter 2 of the Engineering Design Manual. Proposed street improvements to SW 150 th have been reviewed by the City Site Development and Transportation Engineering staff for consistency with these standards. City Arterial street design standards are also identified in Chapter 2 of the Engineering Design Manual. In the case where the County is responsible for maintaining a street subject to improvement, staff has requested County Engineering to review the improvement plan and to provide specific recommendations and conditions. Herein, this Facilities Review document incorporates the conditions as received from Washington County for improvements to SW Walker Road. With the street improvements as proposed, the applicant will also dedicate only that portion of property to the right-of-ways of SW Walker Road and SW 150 th Avenue, 19-feet and five-feet, respectively. FR-2 Technical Review & Recommendations

9 Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. B. Essential facilities and services related to the proposed development are available, or can be made available, with adequate capacity to serve the development prior to its occupancy. In lieu of providing essential facilities and services, a specific plan may be approved if it adequately demonstrates that essential facilities, services, or both will be provided to serve the proposed development within five (5) years of occupancy. Chapter 90 of the Development Code defines essential facilities to be services that include schools, transit improvements, police protection, and on-site pedestrian and bicycle facilities in the public right-of-way. In response to B above, the applicant states that there are no essential facilities on site. Herein, staff finds the provision of police services to be available within this area of the City. City Police have received a copy of the plan and have provided no comments or concerns. Staff also finds the subject site situated along a route that is served by Tri-Met. Part of the applicant s narrative package includes correspondence with a representative of Tri-Met. To date, staff understands that Tri-Met is considering a proposal to move the existing bus stop on SW Walker (along the service station frontage) to the applicant s street frontage at SW Walker Road. Staff also understands that Tri-Met will not require a bus pull-out if the stop is relocated. Tri- Met was given a copy of the applicant s plans. Any comments or recommendations by Tri-Met, concerning relocation of the bus stop, will be conveyed to the Planning Commission for consideration. Herein, the applicant is conditioned to construct the north side of NW Walker Road to Washington County Arterial Street Standards, including curb and gutter, bike lane and 10-foot wide sidewalk, for the frontage of the site and tapering to the west to existing pavement width. Also, the applicant is conditioned to construct the west side of NW 150 th Avenue to Beaverton Neighborhood Route Standards, including curb and gutter and 10-foot wide sidewalk for the frontage of the site, tapering to the north to existing pavement width. With these improvements essential facilities and services are available or can be made available prior to occupancy of the development. As previously stated, findings and conditions in response to the on/off-site circulation system, as proposed, are identified under Criterion F and G of this document. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. C. The proposed development is consistent with all applicable provisions of Chapter 20 (Land Uses) unless the applicable provisions are modified by means of one or more applications which shall be already approved or which shall be considered concurrently with the subject application; FR-3 Technical Review & Recommendations

10 provided, however, if the approval of the proposed development is contingent upon one or more additional applications, and the same is not approved, then the proposed development must comply with all applicable provisions of Chapter 20 (Land Uses). The Committee finds Sections , , and of the Development Code (Chapter 20), as applicable in the review of the applications for Design Review and Conditional Use. The applicant s response to C above also identifies the one application for Minor Adjustment, specific to setback reduction. According to the applicant, the proposal otherwise complies with Chapter 20, including: parcel area, lot dimensions, building height, permitted uses, and outdoor activity, as well as all setbacks and buffers not subject to Minor Adjustment. Staff concurs with this statement. Staff also refers to the findings in the Code Conformance Analysis Chart at the end of this report, evaluating the project as it relates to applicable Code requirements of Chapter 20 for the NS zone. Because the applicant s proposal identifies on-site uses to operate between the hours of 10pm and 7am, a Conditional Use application is necessary ( #23). Where the proposed development is contingent upon approval of both the Conditional Use and Adjustment applications, as mentioned, staff finds the project proposal to meet all the minimum standards of the NS zone with conditions accordingly. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. D. The proposed development is consistent with all applicable provisions of Chapter 60 (Special Requirements) and all improvements, dedications, or both, as required by the applicable provisions of Chapter 60 (Special Requirements), are provided or can be provided in rough proportion to the identified impact(s) of the proposed development. Staff cites the findings in the Code Conformance Analysis Chart, at the end of the report, which evaluates the project as it relates the applicable Code requirements of Chapter 60. Staff will address Section , Design Standards, in the findings for Design Review 3. The applicant s response to D above identifies two design standards that will not be met, one specific to Primary Building Entrances and the other specific to Landscape Buffer Screening (to the west where abutting existing residential in this case). Other applicable provisions of Chapter 60 are addressed by the applicant in the combined narrative package submitted for Conditional Use, Design Review 3 and Minor Adjustment (under tab labeled Chapter 60 Special Requirements ). To this part of the narrative, the applicant responds to the Drive-up Window Facilities standards (60.07), Off-Street Loading Requirements (60.25), Off-Street Parking Requirements (60.30), Projections into Required Yards and Right-of-way ( ), Transportation Facilities (60.55) and Utility Undergrounding (60.65). FR-4 Technical Review & Recommendations

11 The combined narrative package also includes the TIA, as previously noted herein, in response to standards of (under tab Traffic ). Herein staff has stated that proposed street improvements to SW 150 th have been reviewed by the City Site Development and Transportation Engineering staff for consistency with EDM standards as referenced in Section The application is conditioned to dedicate street right-of-way and to construct the north side of NW Walker Road to Washington County Arterial Street Standards, and to dedicate street right-of-way and construct the west side of NW 150 th Avenue to Beaverton Neighborhood Route Standards for the site frontage. The applicant s development plan also provides adequate off-street parking. 25 parking spaces are proposed as part of this plan (20% compact). These parking spaces are located in close proximity to the building entrance and meet parking lot design standards of The plan also provides pedestrian pathways leading to the entrance. The Committee recommends that all new pathway connections include accessible ramps for consistency with the American Disabilities Act (ADA). Conditions hereto from the Building Division will require building plans address ADA compliance. Finally, the applicant is conditioned to provide bicycle parking based on a 1,850 square foot Subway restaurant, a 1146 square foot office building and a 324 square foot coffee kiosk and the bicycle parking requirements of the Development Code Sec There is a need for 2 secured and lighted long term bike spaces and 2 short term bike spaces. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. E. Adequate means are provided or can be provided to ensure continued periodic maintenance and necessary normal replacement of the following private common facilities and areas, as applicable: drainage facilities, roads and other improved rights-of-way, structures, recreation facilities, landscaping, fill and excavation areas, screening and fencing, ground cover, garbage and recycling storage areas, and other facilities not subject to maintenance by the City or other public agency. In reply to E, the applicant states that no issues have been raised as they relate to access or maintenance and replacement of road, right-of-ways, structures, landscaping, screening, fencing, ground cover, or waste facilities. The applicant also states that the flatness of this site will not create the need for significant fill or excavation. Herein, staff has proposed standard conditions of approval as they relate to routine maintenance expected for all site improvements. The property owner will be responsible for continued maintenance of all private facilities, including landscaped areas, internal driveways and all garbage and recycling facilities. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. FR-5 Technical Review & Recommendations

12 F. There are safe and efficient vehicular and pedestrian circulation patterns within the boundaries of the development. According to the applicant, vehicle circulation is very straightforward for the parking area, being a single dead-end drive aisle. The applicant also states that the drivethrough is more complicated as it utilizes a tandem design and incorporates the required bypass lane (in reference to standards of 60.07). The applicant also states that pedestrian circulation is fairly extensive for a site of this size, incorporating sidewalks along both streets, the Kiosk plaza, the Retail Building Plaza, and the parking area. Within the boundaries of this site, staff concurs with the applicant s statement as to the drive-through proposal being more complicated. In this case, the drive-through is designed to suit two separately functioning businesses. Also, not mentioned in reply to F is the applicant s on-site queuing analysis specific to vehicle numbers and characteristics for Subway sandwich restaurants. This analysis (included as part of the TIA) recorded the vehicle trip numbers/percentages from three Subway restaurants in the greater Portland/Metro area. According to this analysis, fewer than half of the Subway patrons elected to use the drive-through where provided as an option. These numbers were used for the applicant s queuing analysis specific to this site in concert with the vehicle queuing anticipated for the separate coffee drivethrough (the kiosk). Staff has reviewed the internal vehicular circulation proposal and understands the concept. However, in practice, the efficiency of this duel drive-through system will rely heavily on the two uses operating at different demand times. Sheet DT-1 of the plan set illustrates vehicle queuing expected to occur during three different hours of the day. In each scenario, a dashed line is shown to denote the path of travel available for bypass purposes. As Sheet DT-1 shows, the line for sandwiches can be utilized in the morning for bypass purposes when coffee is in demand (as 7:30-8:30am shows). And in the afternoon, the line for coffee can be utilized for bypass purposes when sandwiches are in demand (as 11:30-12:30pm shows). Also, as part of this system the pedestrian access separating Subway and the coffee kiosk also has a duel function for use as a bypass. Sheet DT-3 of the plan set illustrates a roll-over curb design to be constructed for emergency bypass purposes. Sheet DT-3 also shows an example where a pedestrian pathway is currently used for bypass purposes (Drive-up window to bank in Beaverton). From the analysis provided, staff has raised questions with respect to how the City can be assured that the building will continue to house a Subway drive-through as opposed to a different drive-through restaurant where patrons might be expected to use the drive-through more frequently. The applicant responds to this question by providing supplement analysis titled: Operational Characteristics for Future Replacement of Proposed Drive-Through Sandwich Restaurant. In part, this analysis addresses the probability of another drive-through restaurant to occupy the building (if Subway were to vacate). According to the analysis, the site (small) is below the standard acceptable to other popular restaurants that provide a drive-through service. The table included with this analysis identifies other criteria (e.g. building size) also important for siting of other restaurants. FR-6 Technical Review & Recommendations

13 As to a finding in response to F above, in review of the applicant s documents and plan illustrations, staff finds the proposal can provide for safe and efficient vehicular and pedestrian patterns within the boundaries of the site if the use of proposed buildings continue to be a Subway and a coffee drive-through. While the kiosk is likely to remain a coffee drive-through, staff cannot be certain that Subway will remain a tenant within the retail space. Also, staff is unable to propose a condition that can be enforced and feasibly applied to ensure Subway as a tenant. However, staff also acknowledges the applicant s analysis as described above, and agrees that other restaurants may not be interested in this site if Subway were to vacate. Also, if another restaurant were to occupy the building and the demand for drivethrough service were to increase, the vehicle stacking area (before the Subway menu board) could be increased by removing parking spaces designated Employee Parking Only as shown along the west side of the building. Where the applicant s site plan identifies the minimum required number of parking spaces, an application for Major Adjustment would be necessary and this would be brought to the Planning Commission for review. Also, the applicant might be eligible for a five or ten percent reduction to the parking standard if the plan were to provide a Transit Amenity along the site frontage of Walker Road (near the bus stop). To be eligible, the Transit Amenity must be consistent with standards as described in Hereto, staff proposes a condition of approval that refers to the parking calculations for uses and floor-area ratios as described in Section of the Development Code. The condition requires parking calculations consistent with these standards if interior floor space is modified in the future. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. G. The development s on-site vehicular and pedestrian circulation systems connect to the surrounding circulation systems in a safe, efficient, and direct manner. In reply to this criterion, the applicant references the one vehicle entrance via SW 150 th and the two sidewalk improvements to both street frontages. Of significance to this development proposal is the size and dimensions of the subject property (with length of approximately 160 feet along SW Walker Road and 140 feet along SW 150 th Avenue. Section of the City Development Code contains standards related to visibility at intersections and driveways. In this case, the applicant s plans illustrate the required vision clearance at the street intersection and the site entrance off SW 150 th Avenue. Vision clearance standards, as per City s EDM are also applicable in this case. As the applicant s plans demonstrate, the first parking space on-site is located at the minimum distance of 20-feet per City EDM standards. Also, EDM standards encourage access alignment where feasible. In this case, the proposed site assess will align with existing access located on the opposite side of SW150th Avenue for the service station. Of key significance is the applicant s analysis of vehicle demand for off-site queuing where leaving the site and heading south-bound for a left turn onto Walker Road, and FR-7 Technical Review & Recommendations

14 as vehicles enter the site from SW 150 th Road. As previously stated herein, the technical memorandum as part of the TIA analyzed the queuing of vehicles at the southbound approach on Walker Road and the possible impact on the northbound left turning vehicles to the site entrance/exit. The memorandum concludes that the southbound left turning vehicles will not block the northbound development turning movement in the peak hours. Transportation staff concurs with this analysis to find that the development will, as conditioned, connect to the surrounding vehicular circulation system, in conformance with Development Code Sec , and to the pedestrian circulation system in conformance with Development Code Sec The development is conditioned to construct 10 foot wide sidewalks for both street frontages of the site. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. H. Structures and public facilities serving the development site are designed in accordance with adopted City codes and standards and provide adequate fire protection, including, but not limited to, fire flow. The applicant states that no problems are anticipated with utility connections or public streets. Reference is made to PGE service provided to this site, and how it will be necessary to relocate several power poles along Walker Road. To this document, staff references the utility under-grounding standards of Section These standards require all utilities serving the site to be placed underground. Conditions hereto require undergrounding of all utility lines along street frontages, within the site and for services to the proposed new development. In this case, the applicant s plans indicate existing utility poles to be relocated. If existing utility poles along street frontages must be moved, to accommodate the proposed improvements, the affected lines must be placed underground or a fee in-lieu of undergrounding paid per Section of the Development Code. As conditioned hereto, payment of the fee will be required prior to Site Development Permit issuance. Conditions hereto from the Building Division require building plans to address fire protection, fire flow and other standards applicable under the International Building Code, Uniform Plumbing Code and National Electrical Code. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. I. Structures and public facilities serving the development site are designed in accordance with adopted City codes and standards and provide adequate protection from crime and accident, as well as protection from hazardous conditions due to inadequate, substandard or ill-designed development. The applicant states that the all work related to the project will be built to comply with all codes and that no special hazards related to this site are known to exist. Staff FR-8 Technical Review & Recommendations

15 concurs. Conditions of approval require the applicant to demonstrate conformance with the technical design standards for Code accessibility requirements on the approved construction plans for Site Development and Building Permit approvals. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. J. Grading and contouring of the development site is designed to accommodate the proposed use and to mitigate adverse effect(s) on neighboring properties, public right-of-way, surface drainage, water storage facilities, and the public storm drainage system. The applicant describes the site as almost flat and will have a storm drainage system as described. Staff concurs and understands the grading proposal to be designed primarily for storm water conveyance. Plans submitted for Site Development will address grading and storm drainage in further detail. Hereto, the Committee proposes standard conditions of approval for the final design, construction, operation, and maintenance of these systems. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. K. Access and facilities for physically handicapped people are incorporated into the development site and building design, with particular attention to providing continuous, uninterrupted access routes. One parking space designed to American Disabilities Act (ADA) standards is shown as part of the 25 space parking plan. This space is located in close proximity to the entrance of the building. Details for ADA compliance are evaluated and approved in review of the plans submitted for Site Development and Building Permit. The applicant is required to meet all applicable accessibility standards of the International Building Code and other standards as required by the ADA. Conformance with the technical design standards for Code accessibility requirements are to be shown on the approved construction plans associated with Site Development and Building Permit approvals. Therefore, by meeting the conditions of approval, the Committee finds that the criterion for approval will be met. L. The application includes all required submittal materials as specified in Section of the Development Code. The combined application package was deemed complete by the City on September 3, In the review of the materials during the application review, the Committee FR-9 Technical Review & Recommendations

16 finds that all application submittal requirements, identified in Section are contained within this proposal. RECOMMENDATION The Facilities Review Committee finds that the proposal complies with all the technical criteria. The Committee further recommends that the decision-making authority, in approving the proposal, adopt the conditions of approval identified in Attachment E. Code Conformance Analysis Chapter 20 Use and Site Development Requirements Neighborhood Service (NS) District CODE STANDARD CODE REQUIREMENT PROJECT PROPOSAL MEETS CODE? Development Code Sections Conditional Uses Minimum Lot Area Minimum Lot Dimensions Yard Setbacks Maximum Building Height Required Minimum Density Hrs. of operation from 10pm to 7am 7,000 square feet Non-residential Width 70 Depth 100 Min. Front: 20-feet Sides: 10-feet Rear: 20-feet 35 feet (without an Adjustment or Variance) Minimum density requirements for new residential development 24-hours a day New lots not proposed & no change to existing lot size No proposed change to lot dimensions One front subject to Adjustment application. Other front is 27. Side is 37 and Rear is 71. Yes, with CU approval Yes Yes Yes, with ADJ approval 24 feet Yes Not applicable, no new dwelling units proposed. N/A CODE STANDARD Design Standards Chapter 60 Special Requirements CODE REQUIREMENT PROJECT PROPOSAL Development Code Section Proposal will be reviewed under the Design Review 3 application Several Standards apply where applicant has identified two design standards not met. MEETS CODE? Yes, with DR approval FR-10 Technical Review & Recommendations

17 Drive-through window standards Floodplain Minimum Off- Street Vehicular Parking Spaces Minimum Off- Street Bike Parking Signage Transportation Facilities Tree & Vegetation Regulations. No Landscape or Significant Trees to this site Utility Undergrounding Development Code Section Applicant Narrative response thereto, including on-site vehicle Standards 1 through 8 queuing analysis by applicant s Traffic Engineer - based on Subway restaurant operations. Development Code Section Regulations for properties in floodplain/ way This proposal is not located in a floodplain and does not affect any floodplain or floodway Development Code Section Eating & Drinking is 10 per 1,000 sq. ft. of floor area. Office/Service is 3 per 1,000 sq. ft. floor area. Based on ratio: 2 short term, and 2 long term 25 off-street parking spaces provide on-site. Transit Amenity credits available for parking # reduction Not proposed in this case Bike parking areas are proposed. Rack - north side of coffee kiosk. Development Code Section A sign permit required for No parking signs may be any sign. required per Fire Code Development Code Section Refer to Facilities Review Regulations for Committee findings for site transportation facilities access and on-site circulation. Applicant has prepared TIA Development Code Section Preservation Standards for protected trees. Development Code Section Undergrounded all existing overhead utilities and any new utility service lines. In-lieu fee options available. No trees to this site. However, root-zone of some trees found offsite trees might be impacted by on-site grading and construction. All utilities to serve the site are underground. Fee-lieu is proposed for relocating existing utility poles along street fronts. Yes, with DR approval N/A Yes Yes N/A Yes Yes with COA Yes- with COA FR-11 Technical Review & Recommendations

18 ANALYSIS AND FINDINGS FOR CONDITIONAL USE - APPROVAL ATTACHMENT B Section C. Approval Criteria: In order to approve a New Conditional Use application, the decision making authority shall make findings of fact based on evidence provided by the applicant demonstrating that all the following criteria are satisfied: 1. The proposal satisfies the threshold requirements for a Conditional Use application. Development Code, Section A, Threshold #1 states: The proposed use is conditionally permitted in the underlying zoning district and a prior conditional use approval for the proposed use is not already in effect. Facts and Findings: The applicant states that a conditional use is being sought to extend permitted hours of operation to 24-hours. The applicant also describes how the City NS zone conditionally permits hours of operation between 10pm and 7am. As previously stated, the site is vacant; there are no past land use actions specific to this site. Therefore, prior conditional use approval is not already in effect. In response to the Threshold for Conditional Use, the applicant explains how Subway is planning for the restaurant and drive-through to be open 24-hours, while the Black Rock Coffee (Kiosk tenant) would open for business at 5am, and close at 10pm. The applicant also states that the office user (no specific business mentioned) within the Retail Building would be open during normal hours of operation. Therefore, staff finds that the proposal meets the criterion for approval. 2. All City application fees related to the application under consideration by the decision making authority have been submitted. Facts and Findings: The applicant paid the required fees for a Conditional Use application. Therefore, staff finds that the proposal meets the criterion for approval. 3. The proposal will comply with the applicable policies of the Comprehensive Plan. Facts and Findings: The following policies of the Comprehensive Plan are considered applicable by staff in the initial review of the proposed Conditional Use. These policies were also identified in the Public Hearing Notice for this application and are identified as follows: CU-1 Conditional Use Criteria

19 From Land Use Element (Chap. 3) Policies d and e of Goal ; From Transportation Element (Chap. 6) Policy b of and Policies f, g & h of 6.2.3; and From Environmental Quality (Chap. 8) Policy a under 8.4 for Noise. Findings in response to these Policies are as follows: From Chapter 3 Land Use Element, Corridor Development: Policy d of The community shall endeavor to improve the appearance of commercial areas. Facts and Findings: The applicant s narrative response to certain applicable Plan Polices can be found on pages 7 to 13 of combined narrative package (under Tab Chapter 40 Applications). To Policy d above, the applicant refers to the previous use of the site (a single-family residence) and how the site is now vacant. According to the applicant, the site s appearance when used for a residence was not particularly attractive and the proposed commercial development will be a significant improvement. Staff concurs with this statement. Staff also notes how this policy could also be interpreted to apply more so for the purpose of Text Amendments, as direction to staff and the Commission when considering updates for Design Review and other Code standards related to improving the physical appearance of commercial areas. If Policy d is applicable in review of specific development proposal, staff notes how the applicant is proposing commercial development for the property, consistent with most City Design Standards. Currently, the property is vacant with overgrown weeds and brush. Development of this property will improve the appearance and create a use for which the property is intended by the zone. Policy e of Commercial facilities shall be allocated in a reasonable amount and in a planned relationship to the people they will serve. Facts and Findings: The applicant s narrative response to this Policy is found on page 7 under Tab Chapter 40 Applications. To Policy e the applicant notes how the project is consistent with the intent of the Corridor designation, as it provides convenient commercial services for bus, automobile, bicycle, and pedestrian traffic on Walker Road. The applicant also explains how the project provides services within easy walking distance for the immediate neighborhood, where none exist currently, consistent with the site s existing zoning of Neighborhood Service. Staff concurs and finds the proposal to be consistent with the policy. CU-2 Conditional Use Criteria

20 From Chapter 6 Transportation Policy b of Develop and provide a safe, complete, attractive, efficient, and accessible system of pedestrian ways and bicycle ways, including bike lanes, shared roadways, multi-use paths, and sidewalks according to the pedestrian and bicycle system maps and the Development Code and Engineering Design Manual and Standard Drawings requirements. Facts and Findings: In response to the above policy, the applicant describes the proposed street improvements to SW Walker Road, having continuous sidewalks, bike lanes and other amenities. The applicant also refers to the Tri- Met bus stop located on Walker Road, east of 150 th Avenue and how the stop will be located to the site frontage. Staff concurs and finds the proposal to be consistent with the policy. Policy f of Provide satisfactory levels of maintenance to the transportation system in order to preserve user safety, facility aesthetics, and the integrity of the system as a whole. Facts and Findings: In response to the above policy, the applicant again describes proposed street improvements to SW Walker Road and SW 150 th Avenue. Staff concurs and finds the proposal to be consistent with the policy. Policy g of Maintain access management standards for streets consistent with City, County, and State requirements to reduce conflicts among vehicles, trucks, bicycles, and pedestrians. Preserve the functional integrity of the motor vehicle system by limiting access per City standards. Facts and Findings: In response to the above policy, the applicant describes proposed access improvements - limited to a single entrance off of SW150th Avenue and located as far from the Walker & 150th intersection as practicable. Staff concurs and finds the proposal to be consistent with the policy. Policy h of Ensure that adequate access for emergency services vehicles is provided throughout the City. Facts and Findings: In response to the above policy, the applicant states that emergency service access is not directly impacted by the project, other than the improvement imparted by the widening of the adjacent streets. Staff notes that the applicant s plan set has been routed to Police and Fire for review. The Fire Marshal for TVF&R has reviewed these plans and has no concerns with site access as proposed. CU-3 Conditional Use Criteria

21 From Chapter 8 Environmental Quality Policy a of Noise impacts shall be considered during development review processes. Facts and Findings: In response to the above policy, the applicant identifies noise related to extended hours of operation. The applicant also describes certain design elements employed to minimize sounds that might be heard by the residents of the adjacent apartment to the west. The applicant s response to Policy a is found on pages 9 through 13 under Tab Chapter 40 Application. In short, elements identified by the applicant include: Speaker system calibrated to meet standard of 55 decibel or less. Order board & pick-up window oriented to face the streets. Block wall constructed along the west property line, with sound rating. Proposed building to provide additional noise barrier. Design elements/orientation of existing Apartment Complex few east facing windows. Infrequency of vehicles expected to use the drive-through at night. In response to the applicant s written statement to policy a, staff concurs, and finds that the applicant has accomplished exactly what the policy states that noise impacts be considered during the development review process. Of the elements listed above, staff finds the wall along the east property line to be most important for minimizing the impact of various noises associated vehicles and people. Accordingly, the wall is identified as separate condition of approval hereto. Also, staff finds the speaker system for the order board to be of some concern where shown at approximately 60 feet from the west property line. On plan Sheet DT-2, the applicant has applied the speaker system specifications (see Tab Drive-Through Speaker System ) and explains how the speaker system can be automatically adjusted to certain levels. A graphic to Sheet DT-2, shows the dispersion of sound at certain intensification levels at a specific distances from the speaker. As the graphic shows, sound emitting from the speaker box point is reduced to 55 decibels at night, diminishing to approximately 24 decibels at the property line. Sheet DT-2 also provides a table that identifies comparative sound levels. For 25 decibels, the table identifies the comparative being the inside of an empty theater. Through past experience, staff has found many factors which can influence the level of sound. These factors include wind, ambient levels of noise at different times of the day, and height of the point source. In this case, the applicant CU-4 Conditional Use Criteria

22 provides specifications of the speaker system and identifies the location of this system relative to the west property line. However, it is important for staff to note that no analysis has been provided to account for existing conditions. With the understanding that this speaker system can be adjusted, staff does not see a need for further analysis (via acoustical engineer). However, in this case, with no acoustical study, staff proposes a condition of approval to ensure the speaker system does not annoy residents of the adjacent apartment complex. Specifically, staff proposes a condition where the sound from this system is not to be heard from nearest window of the adjacent apartment complex. Alternatively, the Commission may also consider a condition that simply limits hours of operation from 5am to midnight (similar to the condition that has been placed on operation of the service station on the opposite side of SW 150 th Avenue). SUMMARY: Staff finds the proposal to comprehensive plan policies potentially applicable to this proposal, which have been identified above. Therefore, staff finds by meeting the conditions of approval, the proposal meets the criterion for approval. 4. The size, dimensions, configuration, and topography of the site and natural and man-made features on the site can reasonably accommodate the proposal. Facts and Findings: As previously mentioned, the scope of this CU is limited to extended hours of operation, between the period of 10pm and 7am. The drivethrough proposal is not subject to review under No. 4 as the City has specific standards for Drive-Through facilities contained in Section In response to Criterion No. 4, the applicant states that as the Conditional Use request is for extended hours, it has no direct effect on physical conditions. Staff somewhat agrees with this statement but also finds the size of this site to be relevant in consideration of No. 4. In this case, the size of the property is somewhat small (at approx 22,350 square feet) for the commercial use as proposed. As the applicant s analysis shows, the size of this property does not meet the minimum standards established by other restaurants known to have drive-through facilities and operate at night. The applicant is also proposing two separate drivethrough uses to this site, which creates the need for an extra travel lane. In reply to No. 4, staff cites the findings as stated under Facilities Review item f in response to the applicant s duel drive-through system. In reply to item f, staff has found the function and efficiency of this system to rely heavily on the two uses (Coffee and Sandwiches/restaurant) operating at different demand times during the day. While the drive-through proposal is not subject to review under No. 4, the hours of operation have some relationship to the efficiency of this system. Sheet DT-1 of the plan set illustrates vehicle queuing expected to occur during three different hours of the day. All three time periods are shown during daytime. For CU-5 Conditional Use Criteria

23 the early hours before 7am, staff anticipates queuing similar to that shown for the kiosk when coffee is in demand (as scenario 7:30-8:30am shows). At night after 10pm, staff anticipates the queuing to be similar to that shown for 4:30pm to 5:30pm, where neither service is shown in high demand. Above, staff has described the existing apartment complex to the west and the possible impact of noise associated with the use when operating night. If the subject property were slightly larger, proposed buildings could be shifted further away from the residential buildings, thereby increasing the distance between the speaker system and general vehicle/people noise associated with the use at night. There would also be additional room for increasing the width of the landscape strip along the east property line and possibly create separate vehicle lanes to avoid the duel-use of certain features as proposed. On the other hand, while the size of the property is relatively small for operation of two separate drivethroughs, staff also finds that the applicant has provided plans and materials to address concerns that have been raised by staff in early review of this proposal (at the Pre-Application stage and review for application completeness). With regard to the revised plan provided for Planning Commission consideration, staff finds that the site is of sufficient size to reasonably accommodate this proposal. Therefore, staff finds that the proposal meets the criterion for approval. 5. The location, size, and functional characteristics of the proposal are such that it can be made reasonably compatible with and have a minimal impact on livability and appropriate development of properties in the surrounding area of the subject site. Facts and Findings: In response to Criterion No. 5, the applicant describes efforts that have been made in the design to minimize the impacts of light and noise on the abutting residential property. To the impact of light, the applicant identifies the photometric study as part of the plan set. The applicant also describes the type of lamps proposed (with specifications under Tab Lighting Fixtures ) and the height of these lamps (pole-mounted will be limited to 16-feet). Staff concurs with the applicant s statement as supportive findings in response to No. 5. Where this CU proposal is limited to hours of operation during the time when residents typically sleep, the focus of this application is to the impact on livability during this period. To some extent, staff has inquired about the demand for sandwiches in the early hours of the morning, and whether Subway at this location will be expected to operate at these late night hours assuming 24 hour operation is approved. With insufficient customer base, most businesses will decide to close at a point when it is no longer cost-effective to remain open. Staff understands that the three existing Subways (referenced as part of applicant s queue analysis) do not operate 24-hours a day. Also, it is unknown whether the jurisdiction has placed limited hours at these respective locations. Most likely, these sandwich shops have decided to close after a certain hour for lack of business. CU-6 Conditional Use Criteria