CUP1995-00008 Decision - TIGARD COVENANT
CITY OF TIGARD
CITY OF ` I GARD
Washington COUnty, Oregon
NOTICE OF FINAL ORDER NO 96-02 BY THE PLANNING COMMISSION
Case Number(s): CONDITIONAL USE PERMIT (QUIM-96-0008
PLANNED DEVELOPMENT REVIEW PDR 95-0010
Name or Owner: Tigard Covenant Church
Name of Applicant: Frank Wood
Address of Applicant: P.O. Box 151 City: Portland State: Oregon Zip: 97219
Address of Property: Northeast Corner of SW Pacific Highway and SW Naeve Street
[Tax-map, City: Turd State: Orecac~~ Zip; 97223
& Lot No(s).: WCTM 2S1 1 ODB, tax lot 300
Request: r A, request for Conditional Use approval to construct a church facility.
Zone: R-25 (Residential, 25 Units per acre), PD (Planned Development). The R-25 zone allows
single family attached, single family detached, duplex residential units, multiple-family
residential units, residential care facilities, mobile home parrs and subdivision, public support
services, family day care, home occupation, temporary use, and accessory structures.
APPLICABLE REVIEW CRITER : Community Development Code Section 18.56, 18.134
and 18.164.
Action: r ❑ Approval as requested ® Approval with conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to:
M Owners of record within the required distance d Affected governmental agencies
® The affected Citizen Involvement Team Facilitator 9 The applicant and owner(s)
Final Decision:
F THE DECISION SHALL BE FINAL ON MARCH 14, 1996 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision and statement of conditions can be obtained from the
City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and
Section 18.32.370, which provides that a written appeal may be filed within ten (10) days
after notice is given and sent. The appeal may be submitted on City forms and must be
accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of
$500.00.
THE DEADLINE FOR FILING OF AN APPEAL IS 3.30 P.M. ON MARCH 14, 1996.
Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171.
CUP 95-CC081PDR 95-0015 T IGARD COVENANT CHURCH NOTICE OF 2129196 PLANNING COMMISSION PUBLIC HEARING
NOTICE OF FINAL ORDER NO. 96-02 PC
BY THE CITY OF TIGARD
PLANNING COMMISSION
1. APPLICATION SUMMARY
CASE: FILE NAME: TCARD COVENANT CHURCH
Conditional Use Permit CUP 95-0008
Planned Development Review PDR 95-0010
PROPOSAL: The applicant requests the following development applications:
1.) Planned Development Conceptual Plan Review for
development of an approximately 34,000 square foot church
and related facilities on an approximately 5.7 acre site;
2.) Conditional Use Permit to allow the construction of an
approximately 34,000 square foot chuch facility to be
undertaken in three (3) phases.
APPLICANT: Prank Wood OWNER Tigard Covenant Curch
P.O. Box 151 11545 SW Durham Rd.
Clackamas, OR 97013 Tigard, OR 97224
ZONING
DESIGNATION: Residential, 25 units per acre, Planned Development. R-25(PD).
COMPREHENSIVE
PLAN
DESIGNATION: Medium High.
LOCATION: Northwest corner of the intersection of SW 109th Avenue and SW
Naeve Street, east of SW Pacific Highway
(WCTM 2S1 10DB, Tax Lot 300).
APPLICABLE
REVIEW
CRITERIA: Community Development Chapters 18.56, 18.30, 13.100, 18.102,
18.106, 18.108, 18.114, 18.116, 18.120, 18.130 and 18.164.
11. DECISION
Notice is hereby given that the Planning Commission has approved the proposal subject
to certain conditions. The findings and conclusions on which the decision i based are
noted in Section IV of this report.
Final Order No. 96-02 PC CUP 95-0008JPDR 95-0010 -"Tigard Covenant Church Page 1
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED PRIOR
TO THE ISSUANCE OF BUILDING PERMITS.
1. Additional right-of-way for SW Naeve Street shalt be dedicated to the Public:
From Pacific Highway to the east property line, provide the right-of-way
required for a width of 25' from both sides of centerline to the extent the right-
of-way is within the parcel, along an alignment approved by the Engineering
Department. The description shall be tied to the existing right-of-way
centerline. The dedication document shall be on City form. Instructions are
available from the Engineering Department. STAFF CONTACT: Brian Rager,
Engineering Department (639-4171).
2. Standard two-thirds street improvements and full street improvements;
including traffic control devices, mailbox cluster(s), concrete sidewalk(s),
driveway apron(s), curbs, asphaltic concrete pavement, sanitary sewer(s),
storm drainage, streetlights, and underground utilities shall be installed along
the frontage SW Naeve Street and where the street is entirely within the
parcel, respectively. The improvements shall match the realignment using
the revised Naeve Street alignment as shown on the site plan. Improvements
shall be designed and constructed to local street standards. STAFF
CONTACT: Brian Lager, Engineering department (639-4171).
. If required improvements to SW Naeve Street precede similar improvements
of the street through the parcel to the east, the applicant shall provide a
connection between the east property line and existing Naeve Street. The
connection should provide a hard surface pavement for two way traffic.
STAFF CONTACT: Brian Rager, Engineering Department (639-4171).
4. Two (2) sets of detailed public improvement plans and profile construction
drawings shall be submitted for preliminary reviews to the Engineering
Department. Seven (7) sets of approved drawings and one (1) itemized
construction cost estimate, all prepared by a Professional Engineer, shall be
submitted for final review and approval (NOTE: these plans are in addition to
any drawings required by the Building Division and should only include
sheets relevant to public improvements. STAFF CONTACT: John Hagman,
Engineering Department (639-44171).
5. Building permits will not be issued and construction of proposed public
improvements shall not commence until after the Engineering Department
has reviewed and approved the public improvement plans and a street
opening permit or construction compliance agreement has been executed. A
100 percent performance assurance or letter of commitment, a developer-
engineer agreement, the payment of a permit fee and a sign
installation/streetlight fee are required. STAFF CONTACT: John Hagman,
Engineering Department (639-4171).
Final Order No. 96-02 PC CUP 95-0008JPDR 95-0010 - Tigard Covenant Church Page 2
6. The applicant shall demonstrate that storm drainage runoff can be
discharged into the existing drainageways without significantly impacting
properties downstream. STAFF CONTACT: Greg Berry, Engineering
Department (639-4171).
7. The applicant shall provide an on-site water quality facility as established
under the guidelines of Unified Sewerage Agency Resolution and Order No.
91-47. STAFF CONTACT: Greg Berry, Engineering Department (639-4171).
8. Storm drainage details shall be provided as part of the public improvement
plans. Calculations and a topographic map of the storm drainage basin shall
be provided as a supplement to the public improvement plans. Calculations
shall be based on full development of the serviceable area. The location and
capacity of existing, proposed, and future lines shall be addressed. STAFF
CONTACT: Greg Berry, Engineering Department (639-4171).
9. The applicant shall obtain a "Joint Permit" from the City of Tigard. This
permit shall meet the requirements of the NPDES and Tualatin Basin Erosion
Control Program. STAFF CONTACT: Brian Rager, Engineering Department
(639-4171).
10. The applicant shall obtain a permit from the State of Oregon Highway
Division, to perform work within the right-of-way of Pacific Highway. A copy
of the permit shall be provided to the City Engineering Department prior to
issuance of a Public Improvement Permit. STAFF CONTACT: Brian Rager,
Engineering Department (639-4171).
11. Access directly onto Pacific Highway shall not be permitted. STAFF
CONTACT; Brian Rager, Engineering Department (639-4171).
12. A tree plan for the planting, removal and protection of trees prepared by a
certified arborist. The tree plan shall include identification of all existing
trees, identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper, identification of which trees are to be
removed, a protection program defining standards and methods that will be
used by the applicant to protect trees during and after construction.
Mitigation must follow the replacement guidelines of Section 18.159.070.D.
Staff Contact: William D'Andrea, Planning Department (503-639-4171).
13. Revised site and landscaping plans shall be submitted for review by the
Planning Division, Staff Contact: William D"Andrea (503-639-4171). The
revised plans shall include the following:
a. Impervious surface/landscaping calculations. The minimum
landscaping percentage is 20 percent in the R-25 zone.
b. Street tree type which i more appropriate for and compatible with
planting strips.
Final Order No. 96-02 PC CUP'95-0008/PDR 95-0010 - Tigard Covenant Church Page 3
C. Parking lot trees which provide for the required canopy effect in the
northern parking areas. Screening of the parking areas from view.
d. Compliance with buffering standards. The minimum improvements
within a buffer area shall consist of the fallowing:
1) At least one (1) row of trees shall be planted. They shall be not
be lens than 10 feet high for deciduous trees and five (5) feet
high for evergreen trees at the time of planting. Spacing of the
trees depends on the size of the tree at maturity,
2) In addition, at least 10, five-gallon shrubs or 20, one-gallon
shrubs shall be planted for each 1000 square feet of required
buffer area;
3) The remaining area shall be planted in lawn, groundcover or
spread with bark mulch. The parking lot buffer area contains
approximately 1,500 square feet, Therefore, the buffer shall
contain an additional 10, five-gallon or 20, one-gallon shrubs in
addition to the one (1) row of trees.
e. Disabled Parking space plan which provides for a total of seven (7)
spaces are to be provided with the completion of phase 3. Five (5)
spaces shall be provided with the construction of phase 2.
f. Fourteen (14) bicycle parking spaces are required. Six spaces will
be required with phase 1.
g. Driveway access with a minimum of a 40-foot access width.
h. A plan which shows compliance with Community Development Code
Chapter 18.116, Mixed Solid Waste and Recyclable Storage. The
applicant shall choose one of the following four methods to
demonstrate compliance. Minimum Standard, Waste Assessment,
Comprehensive Recycling Plan or Franchised Hauler Review and
Sign-off.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
14. All site improvements shall be installed a per the approved revised site
plans.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THE MAIN! SANCTUARY:
15. The applicant shall improve the frontage along SW Pacific Highway with
standard curb, 6° side sidewalk and drainage in conformance to the
requirements of the Oregon Department of Transportation. STAFF CONTACT:
John Hagman, Engineering Department (630-4171).
Find Order No. 95-02 PC CUP 95-0008tPDR 95-07010 - Tigard Covenant Church Page 4
16. The applicant shall widen the pavement between the existing edge or a
determined by the State Highway Division to the new curb edge. The
pavement section shall meet the requirements of the Oregon Department of
Transportation. STAFF CONTACT:. John Hagman, Engineering Department
(639-4171).
IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE
FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT
CODE; THIS IS NOT AN EXCLUSIVE LIST.
SECTION 18.120.060 BONDING AND ASSURANCES
1. On all projects where public improvements are required the Director shall:
a. Require a bond in an amount not greater than 100 percent of other
adequate assurances as a condition of approval of the site development
plan in order to ensure the completed project is in conformance with the
approved plan; and
b. Approve and release such bands.
2. The bond shall be released when the Director finds the completed project
conforms to the approved site development plan and all conditions of approval are
satisfied.
SECTION 18.164.180 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.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN
MONTHS OF THE DATE OF THE FINAL DECISION.
Ill. BACKGROUND INFORMATION
History
The subject parcel was annexed to the City o' Tigard in 1981 (Boundary Commission
Order 1759, October 12, 1981). Prior to annexation, the parcel was designated by
Washington County with a zoning designation of RU-4 (Residential, 4 units/acre). City of
Tigard Comprehensive Plan Revision (CPR 1-81) approved redesignation of the parcels
from Low Density Residential to Medium Density Residential and a zone change to R-12
(Residential; 12 units per acre). The Planned Development (PD) overlay zone was added
to the requested R-12 designation so that all development proposals would be required to
be reviewed by the Planning Commission.
Final Order No. 96-02 PC CUP 95-000$IPDR 95-0010 - Tigard Covenant Church Page 5
This parcel was one (1) of a few parcels identified throughout the City to have been
considered for increased residential densities to make up for the housing opportunity
shortfall created by a 1986 Comprehensive Plan Change for Alberson. This parcel and
the western half of the parcel to the east, were proposed for Plan/Zone redesignation
from Medium Density Residential R-12(PD) to Medium-High Density Residential R-
25(PD). This was approved by City Council on April 13, 1987 (CPA 87-07 (G)/ZC 87-02
(C).
In 1993, this property received a Conditional Use Permit and Planned Development
conceptual plan review (CUP 93-0061/PDR 93-0003) for the development of an
approximately 34,000 square foot church and related facilities, The applicants were not
able to begin construction prior to expiration of Conditional Use Permit approval, As a
result, a new application is being submitted. No other development applications were
found to have been filed with the City.
Vicinity Information
The City Council and Planning Commission have approved the development of a 348 unit
multi-family residential development immediately to the east (Triad Tigard SDR 91-
00131PDR 91-0006). The property to the south across SW Naeve Street is developing
with the Promenade Shopping Center and an CHSU medical clinic. Kesch's nursery is
also currently located further to the south. The Fountains at Summerfield condominium
development is located to the southeast along SW Naeve, although this development
does not take direct access from SW Naeve Street.
The subject property has approximately 480 feet of frontage on SW Naeve Street.
Southwest Naeve Street is functionally classified as a local street. Southwest Naeve
Street is generally substandard in width and state of improvements, with the exception of
the frontage of the Fountains at Summerfield development to the east. Half-street
improvements, including approximately 30 feet of pavement, curbs, a sidewalk, and
streetlights have been installed along the Fountain's frontage. The approval for the
proposed Triad apartment complex to the east was conditioned upon that developer
completing local street improvements on SW Naeve eastward to SW 109th Avenue.
The subject parcel has approximately 565 feet of frontage on SW Pacific Highway.
Pacific Highway is a 4-lane divided arterial. A left-turn lane is provided on Pacific
Highway for southbound traffic onto SW Naeve Street. The intersection of SW Naeve
Street and Pacific Highway is not signalized.
The Comprehensive Plan's Transportation Plan Map provides for a future relocation of
SW 109th Avenue to cut from northeast to southwest across the Triad site and across tax
lots 400 and 700 to the south, to connect up with SW Pacific Highway at a signalized
intersection opposite SW Royalty Parkway. The preliminary plans for this road section do
not directly affect the subject site, except for a northward realignment of SW Naeve Street
in the southeast corner of the site. This realignment has been proposed to allow a better
alignment of the two (2) streets' intersection.
Final Order No. 96-02 PC CUP 95-0008/POI 95-0010 - Tigard Covenant Church Page 6
Site Information and Proposal Descri ttign
The subject 57 acre property is vacant, covered with a combination of tall fir trees, lower
height deciduous trees; and a significant amount of very dense underbrush. A very large
maple tree is located along the site's SW Naeve Street frontage. Several large redwood
trees are located in the southeastern corner of the site. The property slopes
predominantly to the south and southwest at varying grades. Approximately 1.7 acres in
the northeastern corner of the site has a slope of greater than 20 percent.
Tigard Covenant Church proposes to construct a 33,990 square foot church and
associated site improvements on this site. The church is proposed to be developed in
three (3) phases. Phase 1 would include 9,990 square feet of classrooms, offices, and a
multi-purpose room with 80 parking spaces. Phase 2 would include 6,000 square feet,
including an enlargement of the multi-purpose room and classrooms. Phase 3 would
include a sanctuary to seat 900, additional classrooms, and additional parking to serve
202 vehicles.
Access to the proposed parking areas would be provided off of SW Naeve Street,
approximately 250 feet east of SW Pacific Highway. The parking to be included in phase
1 would be located on the south side of the church. The parking lot and internal
driveways are proposed to encircle the building when phase 3 is completed.
IV. APPLICABLE REVIEW CRITERIA; AND FINDINGS
COMMUNITY DEVELOPMENT CODE:
Section 18 56 040 Use/ oninca Standards lists Religious Assembly as a Conditional
Use in the R-5 zone. Section 18.56.050 contains the following dimensional
requirements: maximum lot coverage of 80 percent; 20 percent minimum
landscaping; maximum building height of 45 feet, except as otherwise provided in
Chapter 13.98. It appears that the site plan will provide more than the 20 percent
minimum landscaping. However, no site calculations have been provided. Impervious
surface/landscaping calculations shall, therefore, be submitted which indicate compliance
with this standard. The proposed building height of the sanctuary to be built in phase 3 is
6 feet in height.
Section 18.80.080.A.3 of the Code, however, exempts sites covered by the planned
development overlay zone from height limit standards of the underlying zoning
district in areas that are not within 100 feet of a designated established areas. This
area is not within 100 feet of a designated established area. Therefore, no maximum
building height applies.
Section 18.130.040 Ca.r.ditional Use contains the following general approval criteria
for a Conditional Use:
1) The site size and dimensions provide adequate area for the needs of the
proposed use;
Final Order No. 96-02 PC CUP 95-0008IPDR 95-0010 - Tigard Covenant Church Page 7
2) The characteristics of the site are suitable for the proposed use considering
size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the proposal.
4) The applicable requirements of the zoning district are met except as
modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114 (Signs) and
Section 18.120.180 (Approval Standards) Site Development review, if
applicable, are met.
6) The use will comply with the applicable policies of the Comprehensive Plan.
This proposal is consistent with the applicable approval standards. The 5.7 acre site will
provide adequate area for the proposed church. Adequate public facilities are present
and currently serve the site or shall be provided by conditions of approval. Compliance
with the applicable zoning district requirements, Conditional Use Review and
Comprehensive Plan Policies can be satisfied by this proposal as demonstrated by the
analysis presented within this report and review process.
Section 18.130.150(C)(10) contains the following additional Conditional Use criteria
for Religious Assembly and Accessory Uses:
Lot Size: Minimum lot size shall be 20,000 square feet;
Setbacks: 1) The front yard setback shall be a minimum of 25 feet.
2) On corner lots and through lots., the setback shall be a
minimum of 20 feet, plus meet visual clearance areas (Chapter
18.102),
3) The side yard setback shall be a minimum of 20 feet,
4) The rear yard setback shall be a minimum of 0 feet; and
5) Each setback shall be increased five feet for every 10 feet of
building height over 45 feet.
The site contains approximately 5.7 acres. Since the proposed building height is 66 feet,
an additional 10 feet of setback shall be required. A indicated on the site plan, the front
yard setback is160 feet, side yard is 45 feet, corner lot side yard is 50 feet and the rear
yard is 270 feet, thereby, satisfying this criteria.
Section 18.120.180(A)(1) Site Development Review - Approval Standards requires
that a development proposal be found to be consistent with the various standards
of the Community Development Code. The applicable criteria in this case are
Chapters 18.80, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114; 18.120, and 18.164.
These chapters are also listed as approval standards for a Planned Development Review
application under Section 18.80.120.2. The proposal's consistency with these Code
Chapters is reviewed in the following sections. The proposal contains no elements
related to the provisions of Code Chapters 18.84 (Sensitive Lands), 18.92 (Density
Computations), 18.94 (Manufactured/Mobile Home 'regulations), 18.98 (Building Height
Limitations. Exceptions), or 18.144 (Accessory Use and Structures) which are also listed
under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable
as approval standards.
Final Order No. 96-02 PC CUP 95-0008JPDR 95-0010 - `Tigard Covenant Church Page 8
Code section 18.120.180.A.2 provides other Site Development Review approval
standards not necessarily covered by the provisions of the previously listed
sections. These other standards are addressed immediately below. The proposal
contains no elements related to the provisions of Sections 18.120,180.8 (Exterior
Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas:
Residential Use), 18.120.180.7 (Shared Oudoor Recreation Areas: Residential Use),
18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are,
therefore, found to be inapplicable as approval standards.
Section 18.120.180.2 Relationship to the Natural and Physical Environmen#:states
that buildings shall be located to preserve existing trees, topography, and natural
drainage and that trees having a six inch caliper or greater shall be preserved or
replaced by new plantings of equal character. With the underlying zoning district
allowing large scale multi-family developments, a well a churches, and the substantial
slope of the site that needs to be graded to allow such a development; it would be very
difficult, if not impossible, to allow these types of development without substantially
altering the tree cover and existing topography. The application proposes a substantial
amount of site grading and removal of almost all existing trees on the southern two-thirds
of the site in order to accomplish this development. However, the application provides for
preservation the existing vegetation on the northern approximately one-third of the site
and provides for retention of the very large maple tree at the entrance driveway from SW
Naeve Street. The landscaping plan provides for a significant amount of replacement
landscaping and trees which should provide for a relatively attractive development. The
applicant is also being required to mitigate tree removal for trees greater than 12 inches in
caliper in accordance with Section 18.150 (,Tree Removal),
Section 18.120.108.4 A buffering, Screening and Compatibility Between Adjoining
Uses states that buffering shall be provided between different types of land uses.
This criteria is satisfied as addressed in the Buffer Matrix, Section 18.100.130 below.
Section 18.120.108.4(131 states that on-site screening from view of adjoining
properties of such things as ;service and storage areas, parking lots, and
mechanical devices on roof tops shall be provided. The applicant states that a
wooden fence will be provided around the trash enclosure. As discussed in Section
18.100.110, additional information shall be provided regarding screening of the parking
area.
Section 18.120.108.10 Crime Prevention and Safety requires that exterior lighting
levels be selected and the angles shall be oriented towards areas vulnerable to
crime and shall b placed in areas having heavy pedestrian or vehicular traffic.
The Police Department has reviewed the exterior lighting plan for the perimeter of the
building and parking lot and states that the proposed lighting satisfies this requirement.
Section 18.80.120 Planned Development identifies approval criteria for a planned
development site plan. Section 18.80.120.A.2 lists other code sections which are
essentially the same approval standards as 18.120.180 (Site Development Review).
Section 18.80.120.A.3.a states that site elements shall be designed and located to
preserve the existing trees, topography, and natural drainage to the greatest
degree possible. This requirement is satisfied as the applicant will be avoiding the
Final Order No. 96-02 PC CUP 95-0008/PDR 95-0010 - Tigard Covenant Church Page 9
steepest portion of the site and will be submitting a mitigation plan for removal of trees
greater than 12 inches in caliper in conformance with Section 18.150.
Section 18.80.120.A.3.b provides standards relative to buffering and screening a
proposed development site from surrounding uses and streets. This criteria is
addressed in Section 18.100 below.
Section 18.80.120.A.3.(c) provides that non-residential structures which abut
existing residential dwellings shall be located on the site ore be designed in a
manner, to the greatest degree possible, to protect the private areas on the
adjoining properties from view and noise. This criteria is satisfied as a buffer is being
provided in accordance with Section 18.100.130.
Sections 18.80.120.A.3.(d), acrd (e) These sections refers to residential developments
and, as such, are not applicable.
Section 18 80 120 A 3 (f),(g:) . (i). (kl are essentially references to the
requirements of other Code Sections dealing with access, landscaping, signs,
parking and drainage. This criterion is addressed in the sections below.
Section 18.80.120.A.3 i is not applicable as the site is not within a floodpiain.
Section 18.80.100 Phased Development states that the Commission shall approve
time schedule for developing a site in phases, but the total time period for a
phased development shall not exceed seven years without reapplying for
conceptual plan review. The criteria for approving a phased detailed development
plan are that: 1) The public facilities shall be constructed in conjunction with or
prior to each phase; and 2) The development and occupancy of any phase shall not
be dependent on the use of temporary public facilities. The applicant's statement
indicates that the church intends to complete all 3 phases of the site development within
the next ten years. If the applicant is unable to begin construction of phase 3 within the
seven (7) year approval period, a new application shall be submitted for phase 3
construction. Necessary public facilities will be made available in the first phase to serve
the total development plan.
Section 18.100.015 Landscaping Plan requires that the applicant submit a
landscaping plan. This requirement has been satisfied as the applicant has submitted a
plan indicating the number, type and location of trees and shrubs.
Section 18.100.033 Street Trees states that all development projects fronting on a
public street shall be required to plant street trees in accordance with section
18.100.035. Section 18.100.035 requires that street trees b spaced between 20 and
40 feet apart depending on the size classification of the tree at maturity (small,
medium or large), with a minimum caliper of 2 inches at four feet in height. The
applicant proposes to plant 31 American Sweetgum trees; spaced 30 feet, along both
frontages. The Western Garden book identifies this type of tree as a good street tree,
however, because of its surface roots, this type of tree may be a nuisance in parking
strips. Since these trees will be planted in a five (5) foot planter strip, the applicant shall
provide a street tree which is more appropriate for a planter strip. This tree type shall be
approved by the City.
Final Order No. 96-02 PC CUP 95-00081PDR 95-0010 - Tigard Covenant Church Page 10
Section 18.100j 10(,A._Screening: Special Provisions require; the screening of
parking and loading areas. Landscaped parking areas shall include special design
features which effectively screen the perking lot areas from view. Planting
materials to be installed should achieve a relative balance between low lying and
vertical shrubbery and trees. Trees shalt be planted in landscaped islands in all
parking areas, and shall be equally distributed on the basis of one tree for each
seven parking spaces in order to provide a canopy effect. The minimum dimension
on the landscape islands shall be three feet and the landscaping shall be protected
from vehicular damage by some form of wheel guard or curb. As indicated on the
landscape plan, parking lot trees have been shown which will provide the required canopy
effect in the parking area to the south. The northern parking areas, to be constructed with
future phases do not provide the required canopy. A revised landscape plan shall be
submitted which provides for the required canopy effect in the northern parking areas. It
is also not clear whether any low level plantings or berms are to be utilized on the
southern or western property edges of the parking lot facing SW Naeve and SW Pacific
Highway. The applicant should be required to provide supplemental information on low
level plantings or berms along these site frontages that will be used to meet this standard.
This additional information shall be submitted prior to issuance of building permits for
phase 1.
Section 18.100.130 Buffer Matrix: contains the buffer matrix to be used in
calculating widths of buffering and screening to be installed between proposed
uses. The Matrix indicates that where a parking area, which provides 4-50 parking
spaces, abuts a residential zone the required buffer and screening width shall be
10 feet. The minimum improvements within a buffer area shall consist of the
following: 1) At least one (1) row of trees shall be planted. They shall be not less
than 10-feet-high for deciduous trees and -feet-high for evergreen trees at the time
of planting. Spacing of the trees depends on the size of the tree at maturity; 2) In
addition, at least 10, five-gallon shrubs or 20, one-gallon shrubs shall be planted
for each 1000 square feet of required buffer area; 3) The remaining area shall be
,zted in lawn, groundcover or spread with bark mulch. The parking lot buffer
area contains approximately 1,500 square feet. Therefore, the buffer shall contain
an additional 10, five-gallon or 20, one-gallon shrubs in addition to the one (1) row
of trees.. The landscape plan shows the provision of approximately 54, 1-gallon Thuja
Occidentalis (arbervitae). The plan does not specify the type of arbervitae. Therefore, it
is not clear whether this plan is adequate to provide the buffer as required by this section.
A revised plan shall be submitted which indicate plantings which comply with this section.
Section 18.100.080.E states that where screening is required the following
standards shall apply in addition to those required for buffering; 1) a hedge of
narrow or broadleaf evergreen shrubs which will form a 4 foot continuous screen
within 2 years of planting, or; 2) an earthen berm planted with evergreen plant
materials which will form a continuous screen 6 feet in height within 2 years. The
ur,planted portion of the berm shall be planted in lawn, ground cover or bads
mulch, or; 3) a 5 foot or taller fence or wall shall be constructed to provide a
continuous sight obscuring screen. The proposed plan shows the provision of a six
(6) foot sight obscuring chain link fence to be constructed along the east property line,
satisfying this criteria. It is recommended that additional fir or redwood trees be added to
the area between the driveway to be installed in phase 2 and the eastern property
Final Order No. 96.02 PC CUP 95-00081PDR 95-0010 - Tigard Covenant Church Page 11
boundary to provide better buffering and screening for the property to the east. These
additional trees should also, be considered as replacements for some of the mature fir and
redwood trees that will need to be removed to develop this site.
Section 18.102 Visual Clearance Areas requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways or
the intersection of a public street and a private driveway. A clear vision area shall
contain no vehicle, hedge, planting, fence, wall structure, or temporary or
permanent obstruction exceeding three feet in height. The code provides that
obstructions which may be located in this area shall be visually clear between
three and eight feet in height (trees may be placed within this area provided all
branches below eight feet are removed). A visual clearance area is the triangular
area formed by measuring a 30 foot distance along the street right-oaf-way and the
driveway and then connecting these two 30 foot distance points with a straight line.
Revised plans shall be reviewed for compliance with this section.
Section 18.106.030(B)(8) Minimum Off-Street Parking requires 1 space for every
fixed seats or every F feet of bench length in the assembly area or every 50 square
feet of floor area in the assembly area where there are no permanent seats,
whichever is greater. The 3,888 square foot multi-purpose room to be constructed in
phase 1 would require 78 parking spaces. The applicant states that the church will
provide 80 parking spaces associated with phase 1, satisfying this requirement.
Construction of phase 2 will require the provision of 118 parking spaces. The applicant
shall provide for these spaces in conjuction with the construction of phase 2. The
remaining spaces shall be constructed in conjunction with the construction of phase 3.
The phase 3 sanctuary is proposed to have approximately 9,000 square feet of assembly
area, requiring 180 parking spaces. The plans show the future provision of approximately
202 parking spaces, thereby, satisfying this criteria.
Section 18.106.00(Bj requires a minimum stall width of 8`8", a channel width of 16
feet and a module width of 60 feet. Aisles which accomodat two-way traffic shall
be 24 feet in width. The proposed plan shows a stall width of nine (9) feet, satisfying this
standard. The plan also shows a 60 foot module width in accordance with these
standards.
The Americans with Disabilities Act (ADAI, which became effective on January 26,
1992, requires 7 disabled parking spaces if 201 to 300 parking spaces are provided.
Phase 1 would provide 80 parking spaces. Four (4) spaces will be required with this first
phase. The proposed site plan shows the provision of four (4) disabled person parking
spaces, thereby, satisfying this requirement for phase 1. A revised site plan shall be
submited which provides for an additional three (3) spaces to be provided in conjuction
with the development of future phases.
Section 18.106.020(P) Bicycle Parking requires one (1) bicycle parking rack space
for each 15 vehicular parking spaces in any development. Bicycle parking areas
shall not be located within parking aisles, landscape areas, or pedestrian ways.
Fourteen (14) bicycle parking spaces will be required for this development. The proposal
does not indicate the provision of bicycle parking spaces. A revised plan shall be
submitted which shows the provision and location of fourteen (14) bicycle parking spaces,
thereby, satisfying this requirement. Six (6) spaces will be required with phase 1.
Final Order No. 96-02 PC CUP 95-00080PDR 95-0010 - Tigard Covenant Church Page 12
Section 18.108.080 Access, requires that commercial and industrial uses which
require more than 100 parking spaces provide two accesses with a minimum width
of 30 feet and a minimum pavement width of 24 feet or one access with minimum
width of 50 feet and a minimum pavement width of 40 feet. The proposed church
would provide 200 parking spaces. Therefore, the required paved width for the access
driveway is 40 feet. As shown on the site plan, a 6-foot-wide driveway to SW Naeve
Street is proposed. The applicant's statement however states that the church will provide
a 40-foot-wide driveway at the access to Naeve Street, rather than the 36 foot
driveway shown on the plan. A revised site plan shall, therefore, be submitted which
shows the provision of a minimum pavement width of 40 feet.
Section 18.108.050(A) Walkways requires that a walkway be extended from the
ground floor entrance of the structure to the street which provides the required
ingress and egress. 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 6 inch vertical separation (curbed) or a minimum
3 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 obtructions
such as mailboxes, benches, bicycle racks, and sign posts, and shall be in
compliance with ADA. standards. The site plan does not propose any pedestrian
walkways extending from the main entrance of the structure to either SW Naeve Street or
SW Pacific Highway. Therefore, the site and landscaping plans should be revised to
provide for a convenient hard-surfaced pedestrian connection between SW N;aeve and
the church with phase 1 development, and between SW Pacific Highway and the church
with phase 3 development.
Section 18.114.1 0(B)(1)(d) Signs lists the type of allowable signs and sign area
permitted in the R-25 zone. All signs shall be approved through the Sign Permit
process as administered by the Development Services Technicians.
Section 18116 Mixed Solid Waste and Recyclables Storage requires that new
construction incorporates functional and adequate space for on-site storage and
efficient collection of mired solid waste and source separated recyclables prior to
pick-up and removal by haulers. The appli,antshall choose one (1) of the following
four (4) methods to demonstrate compliance: Minimum standard, Waste
assessment, Comprehensive recycling plan, or Franchised hauler review and sign-
off. The applicant shall submit evidence or a plan which indicates compliance with
this section. Regardless of which method chosen, the applicant shall submit a written
sign-off from the franchise hauler regarding the facility location and compatibility.
Section 18.150.025 Tree Removal requires that a tree plan for the planting, removal
and protection of trees prepared by a certified arborist shall be provided with a
conditional use, planned development or site development review application. The
tree plan shall include identification of all existing trees, identification of program
to save existing trees or mitigate tree removal over 12 inches in caliper,
identification of which trees are to be removed, a protection program defining
Final Order No.: 6-02 PC CUP 95-0008/PDR 95-0010 -Tigard Covenant Church Purge 13
standards and methods that will be used by the applicant to protect trees during
and after construction. Mitigation must follow the replacement guidelines of Section
18.150.070.D. according to the following standards:
1. Retainage of less than 25 percent of existing trees over 1 inches in caliper
requires a mitigation program according to Section 18.150.070.D. of no net
loss of trees,
2. Retainage of from 5 to 50 percent of existing trees over 12 inches in caliper
requires that two-thirds of the trees to be removed be mitigated in
accordance with 18.150.070.D;
3. Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper
requires that 50 percent of the trees to be removed be mitigated according to
Section 18.150.070.D
4. Retainage of 75 percent or greater of existing trees over 12 inches in caliper
requires no mitigation;
Replacement of a tree shall tape place according to the following guidelines:
1. A replacement tree shall be a substantially similar species considering site
characteristics.
2. If a replacement tree of the species of the tree removed or damages is not
reasonably available, the Director may allow replacement with a different
species of equivalent natural resource value.
3. If a replacement tree of the size cut is not reasonably available on the local
market or would not be viable, the Director shall require replacement with
more than one tree in accordance with the following formula:
4. The number of replacement trees required shall be determined by dividing
the estimated caliper size of the tree removed or damaged, by the caliper
size of the largest reasonably available replacement trees. If this number of
trees cannot be viably located on the subject property, the Director may
require one (1) or more replacement trees to be planted on ether property
within the city, either public property or, with the consent of the owner,
private property.
5. The planting of a replacement tree shall take place in a manner reasonably
calculated to allow growth to maturity.
In lieu of tree replacement under Sub-section D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such
tree replacement.
This section requires a program to nave existing trees or mitigate tree removal for
trees over 12 inches in caliper. The application did not provide information addressing
this section. The applicant shall submit a tree plan in accordance with this section.
PUBLIC FACILITY CONCERNS:
Sections 18.164 030(E (Streets), 18 164.090 (Sanitary Sewer), and 18.164.100
(Storm Drains) shall be satisfied as specified below:
Final Order No. 96-02 PC CUP 95-0008/PDR 95-0010 - Tigard Covenant Church Page 14
Scree s
The site is located at the northeast corner of Pacific Highway and SW Naeve Street.
Pacific Highway is a state highway and is under the jurisdiction of the Oregon State
Department of Transportation. Southwest Naeve Street is a local street.
The State Highway Division has submitted the following recommended conditions of
approval:
1. No direct access to Pacific Highway.
2. Standard curb, 5' wide sidewalk and drainage required along highway frontage.
3. Widen pavement between existing edge and new curb edge.
4. Obtain a permit from ODOT prior to any work within the States right-of-way.
To conform to improvements for other projects along Pacific Highway, the sidewalk width
should be increased to 6. Otherwise, these recommendations should be accepted. The
improvements required by ODOT have been made to address the impacts expected by
this development.
Currently, SW Naeve Street is unimproved along the frontage of the site. The street is
surfaced with compacted gravel, has open drainage ditches on bath sides, and no curb or
sidewalk. Typically, under these conditions the applicant is required to provide and install
two-third street improvements along the frontage of the site to bring the road in
compliance with local street standards. However, there are special concerns due to the
Comprehensive Plan Transportation Map, Dote 10.
The extension and realignment of SW 109th Avenue as required by Note 10 of the
Comprehensive Plan Transportation Map, i currently being completed or planned by
several projects including the proposed development of the property immediately east of
Applicant's site by Triad Development. The realigned SW 109th Avenue will require that
the intersection of SW 109th/Naeve be reconstructed; shifting SW Naeve to the north at
the southeast corner of the development similar 'to that shown on the site plan. The
Applicant intends to improve SW Naeve Street along with Triad Development as a single
project. To accomplish this, the Applicant should be required to provide the right-of--way
required for the realigned street as well as two-thirds street improvements. Should
Applicant's project precede the Triad Development project, a paved driveway from the
new to the existing street will be required.
Sanitary Sewer
Currently there is no public sanitary sewer adjacent to the site. The nearest existing
public line is approximately 300 feet south of the southeast corner of the property; The
applicir!t is proposing to extend this line to serve this development. The existing line has
the capacity to handle this development. As a result of development to the south, two (2)
other public lines may become available: one (1) in W Pacific Highway and another in
an proposed extension of W 109th Avenue south of SW Naeve Street to be constructed
as part of a City project. The applicant should evaluate these other sources of service
before preparing detailed drawings.
Final Order No. 96-02 PC CUP 95-00081PDR 95-0010 -Tigard Covenant Church Page 15
Storm Sewer
The Unified Sewerage Agency has established and the City has agreed to enforce
(Resolution and Order No. 91-47) Surface Water Management Regulations requiring the
construction of on-site water quality facilities or fees in-lieu of their construction. The
applicant is proposing to construct on-site water quality facilities. Based on the
preliminary plans, the storm water from the site will be piped into a private system. It will
then be transported to a water quality facility prior to being discharged into the public
storm sewer system located in SW Naeve Street.
Currently, SW Naeve Street is unimproved along the frontage of the site. The street is
surfaced with compacted gravel, has open drainage ditches on both sides, and no curb or
sidewalk. Typically, under these conditions the applicant is required to provide and install
two-third street improvements along the frontage of the site to bring the road in
compliance with local street standards. However, there are special concerns due to the
Comprehensive Plan Transportation Map, Note 10.
The extension and realignment of SW 109th Avenue as required by Note 10 of the
Comprehensive Plan Transportation Map, is currently being completed or planned by
several projects including the proposed development of the property immediately east of
Applicant's site by Triad Development. The realigned SW 109th Avenue will require that
the intersection of SW 109th/Native be reconstructed; shifting SW Naeve to the north at
the southeast corner of the development similar to that shown on the site plan. The
Applicant intends to improve SW Naeve Street along with Triad Development as a single
project. To accomplish this, the Applicant should be required to provide the right-o#-way
required for the realigned street as well as two-thirds street improvements. Should
Applicant's project precede the Triad Development project, a paved driveway from the
new to the existing street will be required.
COMPREHENSIVE PLAN POLICY COMPLIANCE:
As noted above, Community Development Code Section 18.130.040.A.6 requires that
conditional use proposal's be demonstrated to comply with applicable Comprehensive
Plan policies. Staff finds that the proposed church development complies with all
applicable Comprehensive Plan Policies as follows:
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the planning and
development review process. Policy 21.1 is satisfied because a neighborhood
meeting was held by the applicant on September 29, 1994, notice of the public hearing
was provided to owners of property within 280 feet and was published in a newspaper of
general circulation.
Water Quali : Policy 4.2.1 provides that all development within the Tigard urban
punning area shall comply with applicable federal, state and regional water quality
standards. In order to comply with this policy, a condition is warranted to require the
applicant to submit an erosion control plan ensuring compliance with erosion control
standards for the Tualatin River Basin as part of the grading permit application and to
develop on-site water quality facilities as required by the USA regulations for the Tualatin
Final Order No. 96-02 PC CUP 95-0008(PDR 95-0010- Tigard Covenant Church Page 16
l
Fiver basin. The site plan notes that storm water detention facilities will be constructed,
although no details are provided. The applicant should be required to develop plans for
on-site staFm water quality facilities for review and approval of the Engineering
Department.
Public Utilities: Policies 7..1.2, 7.31and 7.4.4 provide that the City will require as a
condition of development approval that public water, sewer, and storm drainage
will be provided and designed to City standards and utilities placed underground.
This conditional use application development proposal complies with Policies 7.1.2, 7.3.1,
and 7.4.4 because the applicant will extend public sewer, storm sewer, and water
systems to this site and will be required to provide for underground installation of
telephone and electricity lines along the site's frontages.
Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated
future growth and development.
Policy 8.1.1 provides that the City will plan for a safe and efficient street and
roadway system that meets current needs and anticipated future growth and
development. Also, Policy 8.1.3 provides the City will require as a precondition of
approval that:
a. Development abut a dedicated street or has other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
widt` ;
C. The developer shall commit to construction of the streets, curbs and
sidewalks to City standards within the development
d. The developer shall participate in the improvement of eXis°ting streets, curbs,
and sidewalks to the extent of the development's impacts,
e. Street improvements shall be made and street signs or signals shall be
provided when the development is found to create or intensify a traffic
hazard.
This application complies with Policies 8.1.1 and 8.1.3 because the proposed
improvements to the pubic streets adjoining this site will be required to be consistent with
City of Tigard and Oregon State Highway division road improvement standards. The
street and access plans do not appear to raise any significant safety or capacity
concerns.
V. OTHER STAFF COMMENTS
The City of Tigard Engineering Department's findings are addressed in Section 111 (S).
Final Order No. 96-02 PC CUP 95-00081PDR 95-0010 - Tigard Covenant Church Page 17
The City of Tigard Water Department has reviewed this proposal and has offered the
following comments:
Fire hydrants need to spaced so as to ensure that all portions of the building are within
50 feet of a fire hydrant.
The City of Tigard Police Department has reviewed this proposal and has offered the
following comments;
The concern that the Police Department has is in the configuration of the driveway access
into and out of the property. A church of this size will have a large congregation and will
create an enormous amount of traffic exiting the property. If the congregation is allowed
to exit and turn right onto SW Naeve Street they will only be able to turn right onto SW
Pacific Highway from SW Naeve Street. This is a very poor entrance onto the highway,
controlled only by a stop sign as it stands today and even with improvements will create
potential for serious traffic accidents. The volume of traffic on Pacific Highway mares it
difficult not to enter onto it from this location. The traffic accidents that occur here are
minimal currently due to the fact that SW Naeve Street is an unimproved, gravel surfaced
roadway and is not maintained beyond that which has, until now, discourage more traffic,
It is the Police Department's recommendation that traffic existing the church parking lot be
prohibited from a right turn onto SW Naeve Street (West bound) and instead causing
traffic to enter onto S Royalty Parkway either north or south bound. If this is not viable,
then require a merging lane that would allow traffic to turn right and merge into the north
hound flow of Highway 99.
City of Tigard Building Department has reviewed this proposal and has offered the
following comments:
Accessible route to public right-of-way (walkway) maximum slope is one (1) foot verticle to
29 feet horizontal.
VI AGENCY COMMENTS
Oregon Department of Transportation has reviewed this proposal and has offered the
following comments:
Drainage review required if discharging to state facility. Curb and sidewalks on Highway
99 must meet ODOT specifications.
Unified Sewerage Agency has reviewed this proposal and has offered the following
comments;
A water quality facility is required.
Final Order No. 96-02 PC CUP 95-0008/PDR 95-0010 - Tigard Covenant Church Page 18
Tualatin Valley Fire District has reviewed this proposal and has offered the following
comments.
Plans cannot be approved at this time. Although the master plan contains several phases
of construction, it appears to be a good one for fire apparatus roadway access. However,
hydrant placement is not acceptable both in distance requirements and accessibility.
General Telephone and Electronics has reviewed this proposal and has offered the
following comments.
Developer to provide conduit to GTE"s specifications.
The City of Tigard Maintenance Services Division and Portland General Electric
have reviewed this application and have offered no comments or objections.
No other comments have been recieved.
It is further ordered that the applicant and the parties to these proceedings
be notified of the entry of this order.
PASSED: This _2(;-h day of February 1996 by the Planning Commission of the City
of Tigard, Oregon.
r
{Signature box below}
Nick tlV lson Chair
Cite of Tigard Planning Commission
Final Order No. 95-02 PC CUP 95-00081PDR 95-0010 - Tigard Covenant Church Page 19
t C
~I 2 I~~I lNlV 9Ao:) MTMI
u i 00-s 6 zia d18000-96 Ern IN
L h k
*ON 3SVO
-rr nnra Ju
ixr F ~u=.m
,~7W1 oK~,urrd`
rJY,..r.t~ ♦wdJr
~ xt. a,~ i - Jrrr# #.:r#rn
~ rsx rvr~
~ ~ rw aR. t+ftlYG
HAl rd
`T"'T"`~° Mt1Y Yp{J PI. ~ t e# 4#tq ~ .
dY Mid~{{# ~ i
08 Or or U2 O7
vHd
e---J r' 1 i
rJl 4,- Ift I
it,
Mfg 07soow
p
~f~
li
..a
C3 Gj~j
s' a Raw=
ogr~
a
Vichty Map CUP 95-0008,!Dk'q5-0010
IIGARD CCOVENANT CH
Note: Map is not to scale
W,- y' .-fig t ~ r ~1 1„r~ A'~r xSS 1` i'IrT ~ ~ f .~y, ~~r•.~' ~*°~_1.I
~r
T- ~ (l°s 4 t'~. Y l1 - _ 1 r ~ °~YLr ~ '~~~l J~r~~ ~ f r
s I ~ft~~
W. 1 1
- a -
-17 E.. r~ r i ^t eau j i ri_ .tc1 7. i j .«.t'~. k_ `rc., _ ['.I Y<,!~-.~ c rt'. z121;
-I~ ir_---:
~.;;......1~1-47~ _
JJL.ttt
I~' -,.p et z .d-t r ~ i' ~ i'tt, ,irti~--. I~i I"li!li~~ , t;, ii ~ - - " ~ ~ 3 a. r!•. i
~I I~
'Y. l.~•' ~ - ~ J'. •l I ~t. tf~i
y F.e
4