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CUP2002-00003 Decision - MUSLIM EDUCATIONAL TRU 120 DAYS = 9/28/2002 CITY TIGARD Community (Development Shaping A (Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2002 -00003 SENSITIVE LANDS REVIEW (SLR) 2002 -00004 WATER RESOURCES OVERLAY REVIEW (SLR) 2002 -00006 ADJUSTMENT (VAR) 2002 -00009 Case Name: MUSLIM EDUCATIONAL TRUST (MET) CENTER Name of Owner: Muslim Educational Trust Name of Applicant: OTAK Attn: Jerry Offer Address of Applicant: 17355 SW Boones Ferry Road Lake Oswego, OR 97035 Address of Property: 10330 SW Scholl's Ferry Road Tigard, OR 97223 Tax Map /Lot Nos.: Washington County Tax Assessor's Map No. 1S134AB, Tax Lot 3300. A FINAL ORDER INCORPORATING THE FACES, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE, SENSITIVE LANDS REVIEW, WATER RESOURCES OVERLAY REVIEW AND AN ADJUSTMENT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON JULY 22, 2002 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FAGS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ Conditional Use approval for a phased expansion of the existing facility that was approved by conditional use in 1992, Sensitive Lands Review approval for sewer line construction within the 100 -year floodplain, and Water Resources Overlay approval to connect and excavate within the Water Resource Overlay district adjacent to Hiteon Creek. The applicant also requested an Adjustment to the minimum bicycle parking space standard. Ultimately, the expansion would constitute 28,000 square feet of new construction. Zoning Designations: R -12: Medium - Density Residential District. Applicable Review Criteria: Community Development Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795, 18.797, and 18.810. Action: Y ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: El Owners of Record Within the Required Distance © Affected Government Agencies © The Affected Citizen Involvement Team Facilitator © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division /Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON AUGUST 20, 2002 AND BECOMES EFFECTIVE ON SEPTEMBER 5, 2002 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the sion was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. l THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 4, 2002 Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Muslim Educational ) FINAL ORDER Trust for a conditional use permit, adjustment and ) CUP 2002 -00003 sensitive lands reviews for a two -phase expansion of ) VAR 2002 -00009 a private school in the R -12 zone at 10330 SW ) SLR 2002 -00004 & -00006 Scholls Ferry Road in the City of Tigard, Oregon ) (MET School) A. SUMMARY 1. Muslim Educational Trust ( "MET" or the "applicant ") requests approval of a conditional use permit ( "CUP ") to expand an existing private school on a 2.54 -acre site at 10330 SW Scholls Ferry Road (also known as tax lot 3300, WCTM 1S1 34AB or the "site "). The applicant has been operating a school on the site since 2000. The applicant now provides general and religious education for about 50 full -time students in the daytime and religious education for other school -age children and adults in the evening. The site is in the R -12 (Medium Density Residential) zone. a. The applicant proposes to expand the school use in two phases. i. In the first phase, the applicant will place a total of 8200 square feet of one -story modular structures on the south portion of the site to accommodate nine classrooms and up to 200 students. The applicant also will place bicycle racks at the modular structures and will build a new driveway aligned with Conestoga Drive to the north. Other than for construction vehicles, access to the site will be from that new driveway. The applicant will improve the Scholls Ferry/Conestoga intersection to serve the site, such as by adding a traffic signal for the south leg of the intersection. Also the applicant will improve a stormwater quality and detention facility south of the proposed modular structures. The applicant will start to build the first phase as soon as authorized by the City. ii. In the second phase, the applicant will remove all existing structures from the site, including the modular structures, and will build a two -story 28,000- square foot structure containing 19 classrooms, a prayer hall, a gymnasium and indoor swimming pool, covered and uncovered play spaces, and related offices and accessory spaces on the east portion of the site. The applicant will revise the parking lot substantially to provide 85 parking spaces and will place more bicycle racks. When this phase is complete, the applicant will remove the existing driveway to Scholls Ferry Road and will serve up to 300 students in grades 1 through 12 and 20 preschoolers and 10 staff. The applicant will begin to build the second phase by 2005. b. The applicant also requests approval of an adjustment to Tigard Community Development Code ( "CDC ") 18.765.050.E to allow the first phase of the school expansion to be served by 14 bicycle spaces instead of the 56 spaces required by the CDC and to allow the second phase of the school expansion to be served by 28 bicycle parking spaces rather than the 109 spaces required by the CDC. 1 Prior to the use by the applicant, the site was used for a roughly 2000- square foot single family dwelling until 1992, when the city approved a permit for use of the dwelling for church and private school purposes by the Korean Hope Presbyterian Church (CUP 92- 0003). MET did not need a permit to begin operations at the site consistent with the manner in which its predecessor operated. However, in 2000, MET applied for and the City approved a permit to expand by 188 square feet the building in which the school is conducted and to modify the operations in what the City law considers to be minor ways (MMD 2000 - 00014). CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 1 c. The applicant also requests approval of a Sensitive Lands Review and a Type II Water Resources Review to allow alterations within the flood lain of Hiteon Creek YPe floodplain with extension of sanitary sewer to the site and grading for the project. 2. Tigard Hearings Officer Larry Epstein (the "hearings officer ") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. The applicant accepted the recommended conditions, with certain exceptions, and responded to public testimony. Three persons testified orally with questions and concerns, particularly about access, outdoor activities on the site, lighting and landscaping. The hearings officer held open the public record for two weeks after the hearing for new evidence and testimony. The principal disputed issue in this case include the following: a. Whether the proposed use can be accommodated without causing significant adverse off -site land use impacts and, if so, how; b. Whether conditions of approval should be added to address what happens if the applicant does not begin construction of the second phase by 2005; and c. Whether proposed access to the site at Conestoga will violate an applicable standard or will create or exacerbate a traffic hazard. 3. The hearings officer concludes that the applicant sustained the burden of proof that the proposal does or can comply with the applicable standards for a conditional use permit, adjustment and sensitive lands and water area reviews, based on the findings and conclusions provided and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on July 22, 2002. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The hearings officer disclosed that he visited the site before the hearing and invited witnesses to question and rebut his observations. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Brad Kilby summarized the Staff Report to the Hearings Officer dated June 10, 2002 (the "Staff Report ") and introduced written testimony from Ronald Brower. Mr. Kilby testified the height of the proposed school does not exceed the maximum height in the zone. The maximum permitted height is 35 feet; the proposed building will be 28 feet high, as measured according to the CDC. He testified about the character of the area, noting that apartments are permitted outright on the site, and such a use would have the same impact in terms of building height/bulk and the noise of children playing outdoors. My providing buffers in excess of CDC requirements, the applicant mitigates those impacts of the proposed use. He also discussed lighting to address crime. 3. City development engineer Brian Rager testified about the improvements the applicant will make to the Scholls Ferry/Conestoga intersection, all of which will be completed by occupancy of the first phase of the project. He also responded to questions about when construction can occur, noting that the CDC authorizes work to be conducted seven days a week. From Monday through Friday, work is allowed after 7:00 AM. On CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 2 Saturdays, work is permitted after 8:00 AM. On Sundays, work is permitted after 9:00 AM. On all days, work can continue until 9:00 PM or dusk, whichever is earlier. 4. Scott Siegel offered testimony in support of the application. He summarized the proposed use, highlighting the reasons why the site is suitable for it. He noted the school will result in completion of the Scholls Ferry Road/Conestoga Drive intersection. He testified the school now serves 50 students, and phase I improvements will increase the school's capacity to 200 students. He highlighted certain design measures to reduce impacts, such as providing an indoor gymnasium and swimming pool and covered and open play areas that are enclosed on three sides by the building (north, east and south) so that it is unlikely that noise from the play area will carry off -site to the east or south where it could affect adjoining residents. He described the proposed water quality /detention facility. He testified there is frequent bus service on Scholls Ferry Road. To support the adjustment to bicycle parking, he testified that the students will come from a wide area, rather than from the surrounding neighborhoods, and most students are unlikely to travel by bicycle. 5. Three neighbors testified with objections and concerns: Bonnie Bishop, Donald Moen and Greg Knakal. a. Ms. Bishop testified on behalf of herself and the 40 households who live to the southeast. She described problems she and her neighbors have had with the existing uses on the site due to noise of outdoor play activities, particularly when those activities extend into the evening. Based on those problems, she expressed concern that the proposed expanded school will have more people, more outdoor activities and more noise, particularly during phase 1, when the outdoor play area will not be enclosed or buffered. b. Mr. Moen asked what happens if phase 2 does not proceed as expected. Will the applicant continue to use the modular structures? Can the applicant do so in perpetuity? He also expressed concern about the impact of site - related traffic on the safety of the intersection of Scholls Ferry Road and Springwood Drive, noting that intersection is not signalized and poses a challenge for drivers attempting to turn left. He also expressed concern about the visual impacts of the two -story building proposed for phase 2. c. Mr. Knakal, who represented the management company for Springwood Village, asked about the details of fencing and landscaping for the site. 6. Feres Kekhia and Wajdi Said testified for the applicant in rebuttal. a. Mr. Kekhia pointed out that there will not be much room available for outdoor play, because most of the site will be developed. He testified all outdoor activities on the site will end by 9:00 PM. He testified that the signal modifications at the intersection of Scholls Ferry Road and Conestoga Drive will increase the gaps or platooning of vehicles on Scholls Ferry Road, so that left turn movements from Springwood Drive should be easier to make after those modifications. b. Mr. Wajdi testified about his reasons for creating the MET school, which the hearings officer characterizes as: to increase understanding and awareness through education and opportunity for interaction and dialog in a community setting. 7. At the conclusion of the hearing, the hearings officer ordered the record held open for one week to provide an opportunity for the public to respond to the application. The hearings officer held open the record for a second week to provide an opportunity for the applicant to respond to new evidence submitted the first week and to submit a closing argument. The record in this case closed at 5 PM on Monday, August 5, 2002. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 3 C. DISCUSSION 1. The primary issue in this case is whether the applicant has sustained the burden of proof by providing substantial evidence that persuades the hearings officer that the proposed school expansion does or will comply with the applicable approval criteria of the Tigard Community Development Code. The conditional use permit is subject to CDC 18.330 (Conditional Uses). Related site development review is subject to CDC 18.360 (Site Development Review) and relevant provisions of 18.510 (Residential Zones), 18.705 (Access, Egress and Circulation), 18.725 (Environmental Performance Standards), 18.745 (Landscaping and Screening), 18.755 (Solid Waste), 18.765 (Parking and Loading), 18.780 (Signs), 18.790 (Tree Removal) The sensitive lands reviews are subject to CDC 18.775 (Sensitive Lands) and 18.797 (Water Resources Overlay). The adjustment to number of bicycle parking spaces is subject to CDC 18.370 (Variances/Adjustments). 2. In the Staff Report, City staff applied the applicable standards to the record in the case. The hearings officer largely concurs in the analysis and conclusions of City staff in that report. That is, substantial evidence in the record shows that the proposed use does or can comply with the applicable approval standards and criteria, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will P revent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. a. The City must base its decision on "substantial evidence," which is evidence on which a reasonably prudent person would rely in the conduct of a serious matter. If such evidence persuades the hearings officer a proposed use can comply with applicable approval standards using conditions of approval, then the City must approve the use subject to those conditions. 3. The proposed use is a private school, based on the plain meaning of the words in the definition of that term in CDC 18.130.020.B.10). If it complies with the applicable standards for associated applications, the proposed use is permitted in the R -12 zone pursuant to CDC Table 18.510.1 . See "CIVIC (INSTITUTIONAL) ". 4. The conditional use permit is subject to CDC 18.330 (Conditional Uses). 2 ORS 197.522 provides as follows: A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land that is consistent with the comprehensive plan and applicable land use regulations or shall impose reasonable conditions on the application to make the proposed activity consistent with the plan and applicable regulations. A local government may deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through the imposition of reasonable conditions of approval. 3 CDC 18.330.030 provides as follows: The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use ... based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; CUP 2002 -00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 4 a. The size of a site is an inherent constraint for any development. The site in this case is large enough for the existing school activities, based on its use for that purpose for 10 years, not withstanding some noise issue. However the proposed changes are significant: an increase in the number of students from 50 to 200 and, later, up to 320 and an increase in the built area from 2000 square feet to 8200 square feet and, later, 28,000 square feet. A site this size is not necessarily large enough to accommodate those increases without causing significant adverse off -site impacts. However the hearings officer is persuaded that this site has characteristics that make it feasible to accommodate the proposed development without causing significant adverse off -site land use impacts, based on the following findings: i. With regard to the phase 1 modular structures, they are situated relatively far from property lines - -- much more than required setbacks - -- so that distance mitigates visual and noise impacts of their use. Their one -story height minimizes visual impacts, too. The stormwater impacts of the structure can be accommodated on -site, based on the preliminary stormwater drainage plan. The adjoining park to the south and west further buffers activities in the modular structures. Although the structures will not win any architectural awards, neither are they garish or unusually obtrusive visually. Also because they are intended to be temporary,'the modular structures do not warrant landscape buffers beyond those the applicant proposed. See Drawing EX -32. However, if phase 2 is not undertaken by 2005 and the modular structures are used for more than the three years proposed, additional landscaping should be provided south of the modular structures as proposed in the August 5, 2002 memorandum from Jerry Offer to Larry Epstein. ii. With regard to the phase 2 school building, the proximity of the building to the east property line is problematic. Only a 20 -foot setback is proposed. (A) On a larger site, a greater setback could be provided, because more of the site could be left undeveloped. That would reduce the potential for adverse privacy and noise impacts. But just because a better site is possible does not mean this site necessarily fails to comply. The City recently approved a 20 -foot setback for a two -story private school in a residential zone where circumstances were not as favorable as they are in this case. See CUP 2001 -00004 (Westgate Baptist). So such a setback does not make the site is too small as a matter of law or fact. (B) In this case the building design minimizes the impact on the land to east. There is only one door facing east (a back door to the gymnasium), so there will not be a lot of foot traffic east of the building. The view east from windows in the ten classrooms (upstairs and downstairs) at the north end of the building is obstructed by 30- to 35 -foot tall evergreen hedges that form an opaque barrier at the property line. From the south end of the hedge (from historic water tower at about the midpoint of the east lot line) to the south property line, and along the south and west lot lines, the applicant will plant vegetation that can grow to create a visual buffer. The portion of the building south of 2. The impacts of the proposed use of the site can be accommodated 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 applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 5 the existing hedge is the gymnasium, which will not have windows, so a mature hedge south of the midpoint of the east lot line is not needed to address privacy impacts due to windows in the south half of the proposed building. Activity spaces (e.g., entry courts or outdoor play areas) are not oriented to the east. On the contrary the proposed principal outdoor play area is oriented west and is enclosed by the building on three sides, significantly reducing the potential for play- related noise in that space to carry off -site to the east. iii. Access to the site is not through the neighborhood. Rather it is to an arterial street at an existing signalized intersection that the applicant will improve to address the impacts of the new driveway to the site. This avoids direct impacts due to access, which commonly is a principal issue in siting institutional uses in residential zones. Also it increases the separation between Springbrook Drive and access to the site, thereby increasing the distance and time in which drivers entering or exiting either access point can react to other vehicles and road conditions. The signalization of the south leg of the intersection also will increase the gap between platoons of vehicles on Scholls Ferry Road, based on the engineer's testimony, thereby improving conditions for left turns generally. In short the proposed use does not cause adverse traffic impacts. iv. Although one multi - family residential structure is close at hand southeast of the site, other structures in the vicinity of the site are not close to the common property line. Homes to the west and south are separated from the site by park land and/or creek. Homes to the north are separated by Scholls Ferry Road. Homes to the east appeared to the hearings officer to be separated from the common property line by a small parking lot, carports, a driveway and landscaping. People will not be able to look down from the proposed school building into the homes to the east due to existing vegetation and the location of those homes. The school is setback 73 feet from the south property line, and a clump of large fir trees will be retained at the southeast corner of the site, so the residential building to the southeast is not reasonably likely to be adversely affected by activities in the building. Also parking is proposed to be situated on the west part of the site, shielded from the neighbors to the west and south by distance and intervening vegetation and from the neighbors to the southeast and east by the building, existing and proposed vegetation and distance. This minimizes the potential for adverse impacts due to parking. v. The proposed site plan is consistent with the considerations for site plan review. 4 Buildings are situated to preserve existing trees and drainage and to allow 4 CDC 18.360.090.A provides the following approval criteria for site development review in relevant part: 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire- fighting; and (4) Oriented with consideration for sun and wind. b. Trees shall be preserved to the extent possible... 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses, for example, between single - family and multiple- family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 6 for adequate light, air and circulation. The width of the buffer is adequate, because existing mature vegetation on part of the property line and proposed fencing and vegetation on other property lines achieves the purposes of the buffer (i.e., to address visual and noise impacts and to make up for a 20 -foot setback). Over time, the buffer plantings will grow to fulfill their function. To facilitate such growth, the applicant should be required to plant or to guarantee the timely planting of the buffer plantings on the east and south periphery of the site before occupancy of phase 1, so that the plants will be well- established before phase 2 begins, when they will be needed more. vi. The applicant does not propose to improve a sports field or sport court. That avoids one source of potential impacts. However there are areas of the site where sports and outdoor activities could be conducted, simply because they are not developed. For instance, in phase 1, there are grassy areas east of the existing maneuvering drive and east of the modular structures where the applicant has conducted outdoor play in the past. The site plan for phase 1 shows a "playground" east of the existing carport. It is not clear what improvements the applicant will make to the playground or what equipment will be installed there, because the applicant did not provide details. In phase 2, there will be a smaller open grassy area south of the building. Activity in the playground and open grassy areas could generate noise that would adversely affect neighbors, based on the testimony by Ms. Bishop. The hearings officer finds that use of those areas for outdoor activities generally should not occur before 8:00 AM nor after 8:00 PM and should be prohibited after 9:00 PM on those infrequent occasions when activities do continue after 8:00 PM so that noise impacts do not unduly interfere with the peaceful enjoyment of nearby residences when there is a reasonable expectation of quiet. This is consistent with the decision in CUP 2001 -00004 (Westgate Baptist) and with testimony by Feres Kekhia. (A) Counsel for the applicant argued outdoor activities at the site should be restricted no more than outdoor activities at the adjoining apartment complex. The hearings officer disagrees. The apartment complex is an outright permitted use. The MET Center school is a conditional use. A conditional use is subject to standards that do not apply to a permitted use, and it is pursuant to one of those standards that the hearings officer finds a condition of approval is warranted. Also, the hearings officer concluded a condition was necessary only after considering the particular characteristics of the site that warrant it, i.e., proximity of the open outdoor areas to the residential uses to the east and southeast. Counsel for the applicant did not describe where the pool and outdoor activity areas of the apartment complex are situated, so the hearings officer cannot draw parallels or make distinctions. The applicant failed to develop this argument with sufficient specificity and adequate evidence for the hearings officer to say more about it. vii. Although Drawing EX -31 does not show the expected foot - candles at the property line, the hearings officer finds that lights in the parking lot are (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. b. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 7 unlikely to cause glare or adverse visual impacts off -site, because of the distance and vegetation between the light fixtures and residences. However the plans do not show all outdoor lighting. For instance, no lights are shown on either building. It is reasonably likely the applicant will add such lights. See the note on Drawing EX -31. Therefore a condition of approval is warranted to ensure that lighting on the site will not cause adverse impacts. For purposes of this decision, lighting does not cause adverse impacts if it casts not more than one foot -candle at the property line or if it is shielded to prevent light from being cast away from the building on which it is situated or toward the east or southeast. Recommended condition of approval 1 should be amended accordingly. viii. The preliminary plans do not show outdoor heating, ventilation and air conditioning installations. If HVAC equipment is installed outdoors, as it commonly is, the applicant should be required to show that views of the equipment from off -site are obscured and that the equipment will not cause noise in excess of environmental (CDC 18.725.030) or that equipment noise will be mitigated using standards ) o ed m P ( eq P g g sound attenuating measures. b. Based on the foregoing findings, the impacts of the proposed use can be accommodated on the site, and the site plan does or can comply with CDC 18.360. c. There is no dispute in the record that: i. All required public utilities have adequate capacity to serve the proposal, including roads. The hearings officer is persuaded that the proposed Conestoga Drive intersection will be safer than the existing access and will improve conditions for users of Springbrook Drive; ii. The proposed use complies with the applicable standards of the R -12 zone, including building setback and height; and iii. The proposed use complies with CDC 18.330.050.B(8). 5. The hearings officer adopts as his own the findings in the Staff Report regarding the applications for the bicycle parking adjustment and sensitive lands reviews. No one disputed those findings. 6. Testimony by Ronald Brower suggests generally that the proposed use does not comply with certain (unidentified) standards or defers compliance with those standards. Or that some aspects of the proposed use have not been described fully. He expressed general concerns about tolerance, education, national security and violence. However Mr. Brower does not raise his issues with enough clarity for the hearings officer to understand how they are relevant to the application based on the CDC. Although understanding always is important in life, the hearings officer's jurisdiction in this case is bounded by the CDC, which deals with issues less broad in scope and breadth. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit and associated adjustment and sensitive lands reviews do or will comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 8 E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2002- 00003, VAR 2002 -00009 and SLR 2002 -00004 and - 00006 (MET Center), subject to the following conditions of approval : fit '�I7 ® B tf�E F ND ((��RiIDI � Submit to the Planning Department (Brad Kilby, 639 -4171, ext. 2434) for review and approval: 1. Prior to the issuance of building permits, the applicant shall: a. Submit and receive approval of a lighting plan for the site showing that lights will not cause significant adverse off -site impacts. For purposes of this decision, light is not a significant adverse impact if it is not more than one foot - candle at the property line or if it is shielded to prevent light from being cast away from the building on which it is situated or toward the east or southeast. b. Submit a revised landscape plan to show the applicant will plant a minimum six -foot high evergreen hedge between the modular structures and the water quality facility if the applicant has not started construction of phase 2 within three years of the effective date of this final order. c. Submit and receive approval of a revised site plan showing where HVAC equipment will be situated with supplements and/or amendments to the plan as necessary to show views of the equipment from off -site are obscured and that the equipment will not cause noise in excess of environmental performance standards (CDC 18.725.030) or that equipment noise will be mitigated using sound attenuating measures. 2. Prior to site work for each phase, the applicant shall provide a sign -off letter from the franchise hauler that services the site with a letter approving the facility location. 3. Prior to the issuance of building permits, the applicant shall revise the parking plan to accommodate 14 bicycle parking spaces with phase I, and 28 bicycle parking spaces with phase H. Said spaces must be designed and constructed to the standards that are identified in TDC Section 18.765.050 4. Prior to the issuance of building permits, the applicant shall relocate the existing chain link fence outside of the identified 50 -foot vegetated corridor, and revegetate the affected areas with native vegetation as required by Clean Water Services. 5. Prior to site work for either phase, the applicant shall submit a tree plan from a certified arborist that identifies the location, health and size of all trees over six inches in diameter at DBH on site, and the applicant shall identify which of those trees over 12 inches are to be removed to accommodate construction. The applicant ' shall retain the mature conifer trees at the southeast corner of the site as shown on the preliminary landscape plan unless a qualified arborist shows they are unhealthy or unsafe. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 9 6. Prior to site work, the applicant shall provide city staff with a mitigation plan for those trees over twelve inches DBH that have to be removed in accordance with TDC Section 18.790(B)(2). 7. Prior to site work for either phase, the applicant shall submit a tree protection plan from a certified arborist that defines standards that will be used by the applicant to protect trees during and after construction as required by Section 18.790.030(B)(4). 8. Prior to site work, the applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 9. Prior to site work, the applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. • 10. Prior to site work, the applicant shall submit an erosion control plan for work within the 50 -foot buffer area of Hiteon Creek. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 11. Prior to issuance of a site permit for Phase 2, a Public Facility Improvement (PH) permit is required for this project to cover the proposed sewer connection at the southwest corner and any other work in a public easement. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PH) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 12. The PH permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 13. Prior to issuance of the site permit, the applicant shall obtain a facility permit from the Department of Land Use and Transportation of Washington County, to perform P P g Y P work within the right -of -way of Scholls Ferry Road. A copy shall be provided to the City Engineering Department. The applicant shall also demonstrate that they have satisfied the County's requirements listed in the June 20, 2002 letter and any subsequent conditions listed in the County's Traffic Staff Report. 14. The applicant shall provide an on -site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00 -7). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 10 q NC. D b" 1 .® D �z "� ' h U . O r s F. i 6 t ,y' ..-- - 5. . Submit to the Planning Department (Brad Kitby, 639 -4171, ext. 2434) for review and approval: 15. Prior to final occupancy of the building in phase I, the applicant shall install or guarantee the timely installation of the peripheral landscape buffer shown on Drawing EX -32 on the east and south property lines of the site. 16. Prior to final occupancy of the building in phase II, the applicant shall: a. Install a street tree that is identified as a desirable street tree in the approved list at the location of the access way that is proposed to be relocated. b. Show that the 17 designated carpool spaces and the 4 accessible parking spaces are properly designed and designated pursuant to TDC Section 18.765.030(F) and (G). 17. Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 18. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. 19. Prior to final inspection, the applicant shall demonstrate that they have completed the required improvements for Scholls Ferry Road as directed by Washington County. SMISFY - 6 n p D,- (Mat t Ty r k_ VIO S ® THE FFECT FD a I F l lIE'HEA ' 31 S ® FIGEI Sm zm u act i Y nSI LL. RENDE gH.,E 1 JEA ' $ G; OFFICER D & ' 20. Outdoor recreational activities generally should not occur before 8:00 AM nor after 8:00 PM and are prohibited after 9:00 PM on those infrequent occasions when outdoor recreational activities do continue after 8:00 PM. DATED this 19th day • August, 2002. .■‘74 Larry Eps , I., AICP City of i :ar• Wand Use Hearings Officer CUP 2002 - 00003; SLR 2002 -00004 & - 00006; VAR 2002 -00009 Hearings Officer Final Order (MET School) Page 11 Agenda Item: 2.1 Hearing Date: July 22, 2002 STAFF REPORT TO THE HEARINGS OFFICER CITY OFTIGARD Community Development FOR THE CITY OF TIGARD ORSEGON Shaping A; Better n Community 120 DAYS = 09/28/2002 SECTION I. APPLICATION SUMMARY FILE NAME: MUSLIM EDUCATIONAL TRUST CENTER CASE NOS: CONDITIONAL USE PERMIT (CUP) 2002 -00003 ADJUSTMENT (VAR) 2002 -00009 SENSITIVE LANDS REVIEW (SLR) 2002 -00004 WATER RESOURCES OVERLAY OWNERS: Muslim Educational Trust APPLICANT: OTAK PO Box 283 Attn: Jerry Offer • Tigard, OR 97223 17355 SW Boones Ferry Road Lake Oswego, OR 97035 PROPOSAL: The applicant is seeking approval for a phased expansion of the existing facility that was approved by conditional use in 1992, sensitive lands review approval for sewer line construction within the 100 -year floodplain, and water resources overlay approval to connect and excavate within the Water Resource Overlay district adjacent to Hiteon Creek. The applicant is also seeking an adjustment to the minimum bicycle standards that would be imposed on the development. Ultimately, the expansion would constitute 28,000 square feet of new construction. LOCATION: The project is located on at 10330 SW Scholl's Ferry Road and is described as: WCTM 1 S134AB Lot 3300. COMPREHENSIVE PLAN and ZONING DESIGNATION: R -12; Medium Density Residential APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.360, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795, 18.797, and 18.810. MUSLIM EDUCATIONAL TRUST CENTER PAGE 1 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer -find that the proposed Conditional Use Perriit, Sensitive Lands Review, Water Resource Overlay, and ;the :requested Adjustment will net adversely affect the health, safety and welfare of the City and meets`the Approval Standards for a Conditional Use Therefore, Staff recommends APPROVAL,': subject; to'the following:: recommended Conditions of Approval CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS FOLLOWING u SHALL BESATISFIED= PRIOR TO ISSUANCE :OF THE SITE AND /OR BUILDING PERMITS Submit to the Planning Department (Brad Kilby, 639 -4171, ext. 2434) for review and approval: 1. Prior to site work, the applicant shall submit a lighting plan for the entire project area. 2. Prior to site work, the applicant shall provide a sign -off letter from the franchise hauler that services the site with a letter approving the facility location for both phases. 3. Prior to the issuance of building permits, the applicant shall revise the parking plan to accommodate 14 spaces with phase I, and 28 bicycle - parking spaces with phase II. Said spaces must be designed and constructed to the standards that are identified in TDC Section 18.765.050 4. Prior to the issuance of building permits, the applicant shall relocate the existing chain link fence outside of the identified 50 -foot vegetated corridor, and revegetate the affected areas with native vegetation as required by Clean Water Services. 5. Prior to site work for either phase, the applicant shall submit a tree plan from a certified arborist that identifies the location, health and size of all trees over six inches in diameter at DBH on site, and the applicant shall identify which of those trees over 12 inches are to be removed to accommodate construction. 6. Prior to site work, the applicant shall provide city staff with a mitigation plan for those trees over twelve inches that have to be removed in accordance with TDC Section 18.790(B)(2). 7. Prior to site work for either phase, the applicant shall submit a tree protection plan from a certified arborist that defines standards that will be used by the applicant to protect trees during and after construction as required by Section 18.790.030(B)(4). 8. Prior to site work, the applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 9. Prior to site work, the applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. MUSLIM EDUCATIONAL TRUST CENTER PAGE 2 OF 32 10. Prior to site work, the applicant shall submit an erosion control plan for work within the 50- foot buffer area of Hiteon Creek. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 11. Prior to issuance of a site permit for Phase 2, a Public Facility Improvement (PFI) permit is required for this project to cover the proposed sewer connection at the southwest corner and any other work in a public easement. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 12. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 13. Prior to issuance of the site permit, the applicant shall obtain a facility permit from the Department of Land Use and Transportation of Washington County, to perform work within the right -of -way of Scholls Ferry Road. A copy shall be provided to the City Engineering Department. The applicant shall also demonstrate that they have satisfied the County's requirements listed in the June 20, 2002 letter and any subsequent conditions listed in the County's Traffic Staff Report. 14. The applicant shall provide an on -site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00 -7). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING,INSPECTION Submit to the Planning Department (Brad Kilby, 639 - 4171, ext. 2434) for review and approval: 15. Prior to final occupancy of the building in phase II, the applicant shall install a street tree that is identified as a desirable street tree in the approved list at the location of the access way that is proposed to be relocated. 16. Prior to final occupancy, the applicant shall ensure that the 17 designated carpool spaces and the 4 accessible parking spaces are properly designed and designated pursuant to TDC Section 18.765.030(F) and (G). MUSLIM EDUCATIONAL TRUST CENTER PAGE 3 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 17. Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 18. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. 19. Prior to final inspection, the applicant shall demonstrate that they have completed the required improvements for Scholls Ferry Road as directed by Washington County. FAILURE TO SATISFY THE CONDITIONSrOF'APPROVAL WITHIN 1 MONTHS - OF THE EFFECTIVE DATE OF tTHEHEARINGS S, OFFICER'DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID SECTION III. BACKGROUND INFORMATION Site History: The property was utilized as a single - family residence until 1992. At that time, A conditional Use Permit for the Korean Hope Presbyterian Church was obtained. The Muslim Educational Trust purchased the property in 2000 to utilize as a place of worship and education for Muslims (MMD2000- 00014). The current proposal involves increasing the academic focus of the facility thereby requiring a major modification to the Conditional Use. Vicinity Information: The site is zoned R -12 and surrounded by a mixture of multi - family and single - family residences. A portion of the green way off of SW Scholl's Ferry Road and adjacent to Hiteon Creek also borders the site. Properties across Scholl's Ferry Road from the project site are located within the City of Beaverton. Beaverton has had an opportunity to review the project, but did not offer comments. Site Information and Proposal Description: The site is roughly 2.54 acres in size and occupied by the existing facility, a parking lot, and several out buildings. The site slopes generally from the northeast portion of the site to the southwest portion of the site. The proposal is for a two -phase expansion to accommodate a 28,000 square foot facility. The applicant is also requesting sensitive lands approval and a Water Resource Overlay review to locate a sewer line within the floodplain and water resources overlay zone of Hiteon Creek. Finally, the applicant is requesting an adjustment to the bicycle parking requirements of the development code. Phase I would involve sitework in preparation of the ultimate buildout of 28,000 square feet and placement of an 8200 square foot modular on the site to accommodate nine classrooms and 200 students. Phase II involves the removal of all buildings on site, and construction of the 28,000 square foot facility to accommodate 320 students. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. MUSLIM EDUCATIONAL TRUST CENTER PAGE 4 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant is proposing to construct a 28,000 square foot religious and education facility. Religious Institutions and schools are permitted by Conditional Use in the R -12 zone. . Summary Land Use Permits: Chapter 18.310 Defines the decision - making type to which the land -use application is assigned. The proposed use is a Conditional Use permit which is a Type III -HO decision. The Hearings Officer reviews Sensitive Lands permits within the flood plain. Staff reviews the adjustment and Water Resource Overlay. However, when multiple applications are being reviewed for the same property, the highest authority will oversee all review. In this case, the review is handled by a Type III- HO process and heard by the Tigard Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA When the application was accepted, the WRO Chapter was in effect and later repealed under Ordinance 02 -15, which became effective on April 30, 2002. The application was initially submitted prior to that date. A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. Specific Conditional Use Criteria General Approval Criteria) Additional Conditions of Approval) B. Applicable Development Code Standards 18.360 Site Development Review) 18.370 Variances /Adjustments) 18.510 Residential Zoning Districts) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off - Street Parking and Loading Requirements) 18.775 Sensitive Lands) 18.780 Signs) 18.790 Tree Removal) 18.795 Visual Clearance) 18.797 Water Resources Overlay) C. Street and Utility Improvement Standards (18.810) D. Impact Study (18.390) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses -and public facilities require a case -by -case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III -HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. ' Phased development approval. As part of the approval process, the Hearings Officer shall approve a time schedule for developing a site in phases over a period of time of one year, but in no case shall the total time period for all phases be greater than three MUSLIM EDUCATIONAL TRUST CENTER PAGE 5 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER years without reapplying for conditional use review. The criteria for approving a phased conditional use review proposal is that all of the following are satisfied: The applicant has proposed to begin construction of phase I this year, and phase II by the end of 2005. This meets the required timeframe for phased development. The public facilities shall be constructed in conjunction with or prior to each phase. The applicant has proposed to construct all of the required public facilities concurrent with phase I. This criterion is satisfied. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable City or district standard. There are no temporary facilities proposed as part of any phase. This criterion is satisfied. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal. As stated previously, the applicant has proposed to construct all of the required public facilities concurrent with phase I. Neither the City of Tigard, nor, any other property owners will be required to construct public facilities that are required as part of this proposal. This criterion is satisfied. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 2.54 acres or 110,642 square feet in size. The proposal ultimately calls for a 28,000 square foot religious educational facility. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and this report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The site is currently developed with a single - family residence that was converted to a Church by Conditional Use approval in 1992. The site slopes from the northwest to the southeast. There are no other apparent natural features on this site. This site appears suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R -12 zoning district. As indicated earlier, religious facilities and schools are permitted conditionally. As discussed later in this report, the project will meet the applicable requirements of the zoning district. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community MUSLIM EDUCATIONAL TRUST CENTER PAGE 6 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18.370, Variances and Adjustments; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.755, Mixed Solid Waste and Recyclables Storage; 18.765, Off - Street Parking; 18.775, Sensitive Lands; 18.780, Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; 18.797, Water Resources Overlay District; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters' are addressed further in this report. The proposal contains no elements related to the provisions of the following chapters: 18.350, Planned Development; 18.380, Zoning Map/Text Amendments; 18.410, Lot Adjustments; 18.420, Land Partitions; 18.430, Subdivisions; 18.520, Commercial Zoning Districts; 18.530, Industrial Zoning Districts; 18.620, Tigard Triangle Design Standards; 18.630, Washington Square Regional Center; 18.640 Durham Quarry Design Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured /Mobile Home Regulations; 18.760, Nonconforming Situations; 18.785, Temporary Uses; and18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding, uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and /or manner of operation; The applicant has not indicated hours, days, or manner of operation and although the City of Tigard received no neighborhood comments, the minutes of the neighborhood meeting suggest that many of the surrounding neighbors had concerns related to noise and hours of operation. A search of the City's code enforcement records shows no complaints against the existing church operations. Therefore, staff cannot state with certainty that limiting the hours, days and manner of operation is warranted. This criterion is satisfied. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and /or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for the use. The applicant has proposed a landscape plan that should assist in mitigating any adverse impacts of the school. This Criterion is satisfied. FINDING: The proposed site is surrounded by noise sensitive units as defined in TMC Chapter 7.40. MUSLIM EDUCATIONAL TRUST CENTER PAGE 7 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring additional setback areas, lot area, and /or lot depth or width; The lot is large enough to accommodate the proposed building that is to be constructed during phases I and II. The proposed uses already meet or exceed the setbacks of the underlying zone. This criterion is satisfied. Limiting the building height, size or lot coverage, and /or location on the site; 0 Phase I development will cover roughly 67% of the site. At the completion of Phase II, the development will cover only 33% of the site. Coverage will not exceed the maximum of 80% imposed by the underlying zoning regulations. The applicant has indicated that the tallest building will be constructed during. Phase II and will not exceed 28 feet in height. This dimension is well within the height requirements of the underlying zone that allows a 35 -foot high building. Designating the size, number, location and /or design of vehicle access points; The applicant has proposed to utilize a temporary access during construction and the duration of Phase I, and has proposed to realign the access with Conestoga Drive in Phase II. Access is discussed in more detail later in this report. Requiring street right -of -way to be dedicated and street(s) to be improved; This criteria is addressed later in the street and utility improvements section of this report. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposal will meet the prescribed requirements of the TDC. Limiting the number, size, location, height and/or lighting of signs; Compliance with the sign requirements for the underlying zone will be considered once a design is reviewed. The applicant will be required to indicate the location and type of sign proposed for this site prior to building permit issuance. Limiting or setting standards for the location and /or intensity of outdoor lighting; The applicant has indicated that two light poles will be located within the interior of the parking areas to light the parking areas. As with many projects, there are often times a need to light other parts of the site to ensure safety and function of the site. This criterion is not fully satisfied. FINDING: Staff cannot assure that lighting from the remaining portions of the site will not produce glare onto neighboring properties based on the applicants description of lighting for the facility. CONDITION: Prior to site work, the applicant shall submit a lighting plan for the entire project area. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; in p g As discussed further in this discussion, the applicant has proposed a mixture of landscaping and fencing to screen the use from surrounding properties. Requiring and designating the size, height, location and/or materials for fences; The required and proposed fencing meets the height, location and material standards that are prescribed in TDC Chapter 18.745 for buffering and screening. MUSLIM EDUCATIONAL TRUST CENTER PAGE 8 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and /or drainage areas; Some of the trees on site are scheduled for removal to accommodate construction. The applicant has provided a tree plan that will be discussed further in this report. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100 -year floodplain; and The site abuts an already developed green way (Englewood Park), and the 100 -year floodplain and the 50 -foot buffer adjacent to Hiteon Creek encumber a portion of the site. A pathway exists on the west side of Hiteon Creek. The Transportation System Plan (TSP) and Park Plan show no additional need for dedication. This criterion is satisfied. Requiring the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. There is a pedestrian /bicycle pathway already constructed within the identified green way, therefore, there is no need to require additional construction to the pathway. This criterion is satisfied. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES 18.330.050 There shall be no minimum lot size requirements for schools other than what is required for the applicable zoning district; As discussed later in this report, the site size exceeds the minimum lot size requirements for ordinary development and religious institutions. This criterion is satisfied. Setbacks The front yard setback shall be a minimum of 30 feet; As proposed, the front yard setback exceeds the setback standard by a minimum of 7 feet in both phases. This criterion is satisfied. On corner lots and through lots, the setback shall be a minimum of 20 feet on any side facing a street, plus meet visual clearance areas, Chapter 18.795; The subject site is neither a corner lot nor a through lot. This criterion is inapplicable. The side yard setback shall be a minimum of 20 feet; and The construction of the building in phase II will bring the new building to 20 feet from the side property line as required. Other than that all buildings current and new will exceed the 20 foot requirement. This criterion is satisfied. The rear yard setback shall be a minimum of 30 feet. The closest building to the rear property line in both phases is 55 feet. That is the existing barn that will be removed with phase II. At that point the building will be located 73 feet from the rear property line. This criterion is satisfied. Religious Institutions Minimum lot size shall be 20,000 square feet; The lot is 2.54 acres in size. This standard is met. MUSLIM EDUCATIONAL TRUST CENTER PAGE 9 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The front yard setback shall be a minimum of 25 feet; As discussed in the previous section, the front yard setbacks for this proposal have been exceeded. This criterion is satisfied. On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795 The subject site is neither a corner lot nor a through lot. This criterion is inapplicable. The side yard setback shall be a minimum of 20 feet; The construction of the building in phase II will bring the new building to 20 feet from the side property line as required. Other than that all buildings current and new will exceed the 20 foot requirement. This criterion is satisfied. The rear yard setback shall be a minimum of 20 feet; and The closest building to the rear property line in both phases is 55 feet. That is the existing barn that will be removed with phase II. At that point the building will be located 73 feet from the rear property line. This criterion is satisfied. Each setback shall be increased five feet for every 10 feet of building height over 45 feet. The tallest building on site will be 28 feet with the construction of the facility in phase II. This standard is satisfied. FINDING: As conditioned, the proposal satisfies the Conditional Use Approval requirements of the Tigard Development Code. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW (18.360) The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. SPECIAL ADJUSTMENTS (18.370) . The Director may approve a reduction of required bicycle parking per Section 18.765.050.E by means of Type II procedure, as governed by Section 18.390.040, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking. The applicant has requested an adjustment to the bicycle parking standards that would be imposed on the development as dictated by Table 18.765.2 (Minimum Parking Standards). Under the current requirements, the MET would be required to provide 1 space for every preschool classroom, 6 spaces for every elementary, Jr. high, and high school classroom. During phase I construction, the applicant contends that there will be no preschool classrooms and only nine other classrooms. The MET would therefore be required to provide 54 spaces. At the time of completion of phase II, the applicant contends that there will be one preschool classroom and eighteen other classrooms. The MET would therefore be required to provide 109 bicycle parking spaces with phase II. The applicant is requesting an adjustment that would allow the placement of 14 spaces with phase I, and 28 spaces with MUSLIM EDUCATIONAL TRUST CENTER PAGE 10 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER phase II. The applicant makes the point that the MET will be a private religious school providing service to Muslims from all over the Metropolitan area. The applicant states that only 25% of the schools' students live within 2 miles of the center site with the remaining 75% of students living further than 2 miles. The request would constitute a 75% adjustment, and the applicant has indicated that the bicycle parking would be monitored, and if over time, the schools bicycle parking needs were not met, they would add more spaces. The applicant adds that the facility is regional in nature and not serving an immediate population like most public schools tend to do. Staff concurs. The bicycle parking standards are imposed to meet the needs of the population that is to be served by the facility. It is very Unlikely that school age children will be permitted to ride more than two miles to school and two miles to home. It is not unfeasible, but more so unlikely. This criterion is satisfied. RESIDENTIAL ZONING DISTRICTS (18.510) The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. As discussed in the previous discussion and identified on the plans that have been submitted, the proposal meets the minimum development requirements of the underlying zone where applicable. This criterion is satisfied. ACCESS, EGRESS AND CIRCULATION (18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The applicant has proposed to utilize the existing access during phase I, and to relocate the access to align with Conestoga Drive in phase II. Because the parking requirement is less than 100 spaces, the TDC requires at least one 30 foot access with 24 feet of pavement. The applicant has indicated in the narrative and on the plans that there will be one 30 foot access with at least 24 feet of pavement. This criterion is satisfied. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The site has frontage on SW Scholl's Ferry Road, a public street. With phase I, the applicant is proposing to utilize the existing access. With phase II, the applicant is proposing to realign the access so that it lines up with Conestoga Drive. This criterion is satisfied. REQUIRED WALKWAY LOCATION On -site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi - building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The applicant has indicated that a concrete walkway will be extended from the entrance of the main buildings to SW Scholl's Ferry Road. There are already sidewalks located between this development and the existing neighborhoods by way of the public right of way located along SW Scholl's Ferry Road. This criterion is satisfied. MUSLIM EDUCATIONAL TRUST CENTER PAGE 11 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Within all attached housing (except two - family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area and common open space and recreation facilities; This criterion is in applicable to this proposal. 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 obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; The applicant's plans show a variable 4 -8 foot wide concrete sidewalk in both phases, and there are no crossings of traffic aisles over 23 feet in phase I, and there are no required walkways crossing traffic aisles in phase II. This criterion is satisfied. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft - surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The applicant is proposing to construct all sidewalks with concrete materials, and lighting was discussed previously in this report. This criterion is satisfied. FINDING: As proposed, the applicants plans meet the required access egress standards of the TDC. ENVIRONMENTAL PERFORMANCE STANDARDS — CHAPTER 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I -P) zoning district, there shall be no use, operation or activity which results in a stack or other _point- source emission, other than an emission from space heating, or the emission of ure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340- 28 -970) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340 -028 -090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line MUSLIM EDUCATIONAL TRUST CENTER PAGE 12 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents. FINDING: Based on the information provided by the applicant, the expanded use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines until they were brought back into compliance, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING — CHAPTER 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The project fronts SW Scholl's Ferry Road, and currently has street trees located along the frontage. The applicant has proposed to install one silver maple tree when the access is relocated during phase II construction. FINDING: Silver Maples are not permitted street trees. CONDITION: Prior to final occupancy of the building in phase II, the applicant shall install a street tree that is identified as a desirable street tree in the approved list at the location of the access way that is proposed to be relocated. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed facility is in a residential zone and abutting residential uses on three sides, and a park on the fourth side. Scholl's Ferry Road runs along the northern border of the site. There Is no buffer requirement along that property line. Residential uses abut the east and south property lines. According to the TDC Table 18.745.1, the use is required to provide a buffer that meets the requirements of the D buffer standards in TDC Table 18.745.2. The applicant has provided a landscape plan that includes a site obscuring chain link fence along the east and south property lines and a chain link fence along the property line that fronts the park. Additionally, the landscape scheme that utilizes a combination of native trees and shrubs at a varying width between 13 and 40 feet wide that meets or exceeds the landscaping standards that is prescribed for the use. This criterion is satisfied. MUSLIM EDUCATIONAL TRUST CENTER PAGE 13 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Screening of parking and loading areas is required. The specifications for this screening are as follows: Landscaped parking areas shall include special design features, which effectively - screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; The parking area is currently screened from adjoining properties with a vinyl fence along SW Scholl's Ferry Road, and the proposed landscape plan and supplemental fencing along the perimeter of the site provide an excellent screen of the parking areas. This criterion is satisfied. - Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and The applicant's plan demonstrates compliance with this requirement by calling for 24 trees within the interior of the parking in a matter that at maturity would meet the standards of the development code by providing a canopy effect over the parking area. The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan shows planting- islands within the interior of the parking area that varies between four and ten feet wide and are significant enough to exceed the minimum dimensions. The islands will be protected by six -inch curb. This criterion is satisfied. Screening of service facilities. Except for one - family and two- family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; The applicants' plans do not show any service facilities other than the refuse containers discussed below. This criterion is inapplicable. Screening of refuse containers. Except for one- and two- family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. The applicant is proposing to screen the refuse container in the first phase with a six -foot high wood fence, and the second phase with a six -foot high masonry wall and some landscaping. This criterion is satisfied. FINDING: As conditioned, the proposal meets the requirements of TDC Chapter 18.745 as it pertains to landscaping, buffering, and screening. Mixed Solid Waste and Recyclables Storage — Chapter 18.755: Chapter 18.755 requires that new construction incorporates functional and adequate space for on -site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick -up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, MUSLIM EDUCATIONAL TRUST CENTER PAGE 14 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER or Franchised Hauler Review and Sign -Off. The applicant will have to submit evidence or a plan, which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign -off from the franchise hauler regarding the facility location and compatibility. The applicant has indicated that the project would utilize the minimum standards method. Under that premise, the development would be required to provide 4square feet for every thousand feet of building. In phase I, the applicant is proposing a 60 square foot enclosure based on 10,200 square feet of building. In phase II, the applicant is proposing to construct a 280 square foot enclosure thereby surpassing the minimum requirement. However, the criterion is not fully satisfied. FINDING: The applicant has not provided a sign -off from the franchise hauler regarding the facility location and compatibility. CONDITION: Prior to site work, the applicant shall provide a sign -off letter from the franchise hauler that services the site with a letter approving the facility location for both phases. Location Standards. To encourage its use, the storage area for source - separated recyclable shall be co- located with the storage area for residual mixed solid waste; indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent - to a public or private street; Exterior stora a areas shall be located in central and visible locations on a site to enhance security for users• Exterior storage areas can be located in a parking area, if the propose dd use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards,' The storage area shall be accessible for collection vehicles and located so that the sorage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The site plan shows a trash enclosure at the rear of the lot next to the loading space. The location requirements are met. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight- obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted. The applicant has indicated in the narrative and on the site plan that all service facilities will be screened as required. The dimensions of the refuse facilities and the illustrations indicate that the applicant can construct a 10 -foot wide opening that is locked. This criterion is ' satisfied. FINDING: As conditioned, the proposal satisfies the approval criteria for Mixed Solid Waste and Recyclable Storage for institutional uses. MUSLIM EDUCATIONAL TRUST CENTER PAGE 15 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER OFF- STREET PARKING AND LOADING (18.765) At the time of the erection of a new structure within any zoning district, off - street vehicle parking will be provided in accordance with Section 18.765.070. The subject site is located within the Metro Zone A. This designation establishes a maximum ' parking standard of 7 + 1 space per preschool classroom, 2.5 spaces per elementary or Jr. High classroom, and 1 space for every 3.3 students and staff for Sr. High. The applicant has indicated that eleven classrooms will be elementary classrooms, one classroom will be a preschool classroom, and seven classrooms will be Sr. High classrooms for a total of 19 classrooms. The applicant has also indicated in the narrative that there will be approximately 100 students and 10 staff members representing the Sr. High class. As such, the facility can provide a maximum of 68 parking spaces. The minimum parking standards are as follows: 5 +1 space per classroom, 2.0 spaces per classroom for elementary or Jr. High, and 1 space for every 5 students and staff for Sr. High. As such, the minimum parking requirement for the development will be 50 parking spaces satisfying the minimum requirement. The applicant has indicated that there are currently 28 parking spaces within the existing development. During phase II, the applicant is proposing 85 spaces. This would exceed the maximum by 17 spaces, however, TDC Section 18.765.070(E) states that designated disabled access parking spaces and designated carpool and vanpool spaces are not considered when determining the maximum parking requirement. The applicant has identified 4 designated disabled access - parking spaces and 17 designated carpool spaces within the design of the parking lot. Deducting these spaces form the maximum allowed brings the project into compliance with the standards. FINDING: The applicant has identified that 17 designated carpool spaces and 4 designated accessible parking spaces would be included within the project. CONDITION: Prior to final occupancy, the applicant shall ensure that the 17 designated carpool spaces and the 4 accessible parking spaces are properly designed and designated pursuant to TDC Section 18.765.030(F) and (G). Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site None of the proposed parking spaces are located further than 250 feet from the main entrances of the buildings that they are intended to serve. This criterion is satisfied. With regard to access to public streets from off - street parking: Access drives from the street to off - street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and q P 9 Circulation; As discussed earlier in this report, this criterion is satisfied. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; The applicant has indicated that during phase I, the applicant will utilize the existing access and during phase II, the access will be realigned to line up with Conestoga Drive. The applicant will be making modifications to the intersection. The modification includes clearly designating the entrance by installing an additional traffic light to serve this development. This criterion is satisfied. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; Vision Clearance is discussed later in this report. This criterion is satisfied. MUSLIM EDUCATIONAL TRUST CENTER PAGE 16 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Access drives shall be improved with an asphalt or concrete surface; The applicant has proposed to pave the access and all parking areas. This criterion is satisfied. Excluding single - family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right -of -way will be required. The parking spaces are services by the access way proposed within this project, and there is room for service vehicles to turn around and enter the street so that no backing movement will be required. This criterion is satisfied. Loading /unloading driveways: A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. The applicant has identified a loading and unloading area both on the site plan and in the narrative. The loading and unloading area is located along the west side of the new building to be constructed as part of Phase II. Phase I is served by an access drive through the parking lot and along the frontage of the existing home and proposed modular. This criterion is satisfied. Parking Lot Striping: Except for single- family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The applicant has indicated that the parking lot will be striped and has indicated striping and direction arrows on the plans. This criterion has been met. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant has proposed 6 -inch concrete curbs or wheel stops at the edges of paving and adjacent to planting areas. This criterion has been met. Space and Aisle Dimensions: Table 18.765.1. outlines the minimum dimensions for angled parking. The proposal identifies a total of 85 new spaces utilizing 90- degree parking. Staff review of the parking plan illustrates compliance with figure 18.765.1. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. Bicycle parking was discussed previously in this report, and staff has recommended approval of an adjustment to the bicycle parking standards. FINDING: The applicant has illustrated and briefly discussed a bicycle - parking scheme for the proposal, however, there is no discussion of the design as required by by TDC MUSLIM EDUCATIONAL TRUST CENTER PAGE 17 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Section 18.765.050 CONDITION: Prior to the issuance of building permits, the applicant shall revise the parking plan to accommodate 14 spaces for phase I, and 28 bicycle - parking spaces for phase II. Said spaces must be designed and constructed to the standards that are identified in TDC Section 18.765.050 Off - street loading requirements: Off - street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off - street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. Off- street loading dimensions: Each loading berth shall be approved by the City Engineer as to design and location; Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; Screening for off - street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Because of the size of the building, the facility would be required to provide one (1) off - street loading space to meet the standard. The applicant has indicated a loading space on the plan and within the narrative meeting this requirement. This criterion is satisfied. FINDING: As conditioned, the application will comply with TDC Chapter 18.765 as it pertains to off street parking and loading. SENSITIVE LANDS (18.775) The City Engineer shall review the installation of public support facilities such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards of TDC Chapter 18.775. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will minimize the potential for flood damage. The applicant is proposing to connect to a sewer trunk line that is located within Hiteon Creek. Hiteon Creek is identified on the FEMA maps as being a 100 -year flood plain. Location of underground utilities is a permitted use provided the applicant minimize the potential for flood damage. The City Engineer has reviewed the proposal and has indicated that there will be no quantifiable impact associated with the placement of the sewer line. The line will be buried, and the land will be brought back up to grade and revegetated as required. There is also a chain link fence located within the 100 -year flood plain. According to 18.775.020(B)(7), fences are aloud to be located within the 100 -year floodplain, but not within a water quality sensitive area or vegetated corridor. This criterion is not met. FINDING: The applicant has provided a wetland delineation from Fishman Environmental Services that illustrates the 50 -foot vegetated corridor adjacent to Hiteon Creek. MUSLIM EDUCATIONAL TRUST CENTER PAGE 18 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has indicated that there is an existing chain link fence located within the vegetated corridor. CONDITION: Prior to the issuance of building permits, the applicant shall relocate the existing chain link fence outside of the identified 50 -foot vegetated corridor, and revegetate the affected areas with native vegetation as required by Clean Water Services. SIGNS (18.780) Requires that a permit be issued for any sign that is erected, re- erected, constructed, structurally altered, or relocated within the City Limits. The applicant has indicated that signs will be applied for at a later date. CONDITION: Prior to placement of any signs on site, the applicant shall apply for a sign permit and supply staff with the appropriate plans to verify compliance with TDC Chapter 18.780. TREE REMOVAL — CHAPTER 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. 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 proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided a tree survey and removal plan from, John 0' Shea, consulting arborist that generally describes the trees that are on the project site and their condition. According to the report, there are a total of Twenty -five trees over 12 inches in diameter on site that may be affected by construction. According to the Arborist's report, eight of the trees that are over 12 inches in diameter will have to be removed to accommodate construction. Since the applicant is removing 32% of the trees, and according to TDC Section 18.790.030(B)(2)(C), the applicant will be required to mitigate for 50% of the removal. The applicant has provided tree plan that indicates that 32 trees will be removed, and of those 32 trees, only three are over 12 inches. The plans and the report do not coincide, so staff cannot determine the appropriate mitigation requirement without additional information. FINDINGS: The applicant has provided a survey from a consulting arborist indicating that 68% percent of the trees over twelve inches on site will be retained. The applicant's plan does not match the information that was provided by the ' arborist. The applicant did not propose any tree protection measures that would be necessary in order to ensure the viability of those trees that are in close proximity to the construction areas as required by Section 18.790.030(B)(4) CONDITIONS: Prior to site work for either phase, the applicant shall submit a tree plan from a certified arborist that identifies the location, health and size of all trees over six inches in diameter at DBH on site, and the applicant shall identify which of those trees over 12 inches are to be removed to accommodate construction. MUSLIM EDUCATIONAL TRUST CENTER PAGE 19 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Prior to site work, the applicant shall provide city staff with a mitigation plan for those trees over twelve inches that have to be removed in accordance with TDC Section 18.790(B)(2). Prior to site work for either phase, the applicant shall submit a tree protection plan from a certified arborist that defines standards that will be used by the applicant to protect trees during and after construction as required by Section 18.790.030(B)(4). The applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, -and paving. The applicant shall notify the City Arborist when tree protection measures are in place so that he may verify that the measures will function properly prior to construction. VISUAL CLEARANCE AREAS — CHAPTER 18.795 Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. The applicant has proposed to remove vegetation that would potentially be located within the vision clearance areas and the street trees are permitted as long as they are maintained properly. Therefore, there are no proposed structures inside of the vision clearance area, and this standard is. satisfied. WATER RESOURCES CHAPTER (18.797} NOTE: The Water Resources Overlay Chapter has been incorporated into the Sensitive Lands Review by Ordinance 02 -15, which became effective after this application was deemed complete. The applicant submitted the application materials to address the WRO chapter and included background information that indicates that the project will have no impact to the current criteria imposed with the Title Ill review criteria. Both reviews include the 50 -foot buffer and share similar review characteristics for the proposed utility encroachment. Applicability and Generalized Mapping: Section 18.797.030 The WR overlay district applies to all s wetlands and streams and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and streams, and riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. Standard Riparian Setbacks and Clean Water Services (CWS) Water Quality Buffers: Section 18.797.030.C. The applicant shall be responsible for surveying and mapping the precise location of the top of bank wetland edge riparian setback and /or CWS water quality buffer at the time of application submittal. "Table 18.797.1 summarizes riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone: MUSLIM EDUCATIONAL TRUST CENTER PAGE 20 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FROM TABLE 18.797.1 RIPARIAN SETBACKS AND WATER QUALITY WR STANDARD CWS- STANDARD;WATER BUFFERS SIGNIFICANT WATER RESOURCE TYPE RIPARIAN SETBACK ' BUFFER? Tualatin River & associated wetlands 75 feet 25 feet Major streams & associated wetlands 50 feet 25 feet Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Minor streams & adjacent/isolated wetlands Not applicable 25 feet Measured in feet from the top -of -bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the stream top -of -bank or the wetland edge, whichever is greater. Division of State Lands notification required for all proposed development activities within any wetland. Clean Water Services standards are applicable when development activities are proposed within 25 feet of any wetland or stream. The subject development site includes designated wetlands, floodplain, and a primary stream, Hiteon Creek, along the southwestern portion of the site. Table 18.797.1 indicates a 50 -foot riparian setback for major streams and associated wetlands. Applicable definitions for major streams and riparian setback area are contained in Tigard Development Code Section 18.797.020. The applicant has submitted a Wetland Determination and Vegetated Corridor Assessment from Fishman Environmental Services, LLC. The applicant has provided mapping of the top - of -bank, and riparian setback on the plans and it is discussed within the report. See also, Chapter 18.775 Sensitive Lands in this decision for the discussion related to development within the floodplain. Application Requirements: Section 18.797.060 Type II and III uses: required studies and mitigation reports. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994) shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. This is a Type II Water Resource Overlay Review in accordance with Table 18.797.2(h) underground utilities. The following reports are required for Type II Water Resource Overlay Review applications: 1. Hydrology and soils report. 2. Grading Plan. 3. Vegetation report. 4. Streambank conditions report. The applicant has submitted the Wetland Determination and Vegetated Corridor Assessment from Fishman Environmental Services, LLC, which addresses the hydrological, soil, and vegetative impacts to the riparian setback area. The reports indicate that the placement of the pipe in conjunction with the proposed enhancement will minimize impacts of the development to the Water Resource Overlay Zone. No grading is proposed within the Water Resource Overlay Zone. MUSLIM EDUCATIONAL TRUST CENTER PAGE 21 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Development Standards: Section 18.797.080 The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. This application is for the connection of a sewer line to the trunk line located within Hiteon Creek. Because of the grade of the lot, there are no other reasonable alternatives to connect to sewer. Minimize siting impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and Ill uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; No adverse water quality impacts are expected to result from the proposed sewer connection. A mitigation and enhancement plan may be required by Clean Water Services (CWS) for their approval, and the service provider letter requires that mitigation be complied with as part of the CWS approval. In their report, CWS states that the wetland area has been degraded and domesticated with lawn. They have not determined whether or not mitigation will be required. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant has proposed to observe the fifty -foot buffer requirement of the riparian setback, and recommendations have been made to ensure the long -term maintenance of the riparian setback Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant has indicated that an 6" pvc pipe will be installed, but has not indicated by which method. With the implementation of the recommended erosion control techniques, and the implementation of the enhancement, any damage should be minimal. Minimize flood damage. Above - ground residential structures shall not be permitted within he WR overlay district, where such land is also within the 100 -year floodplain. On -site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off -site. Any new commercial or industrial land development proposed within the 100 -year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. Impacts to the floodplain have been addressed previously in this report under the Sensitive Lands Review Chapter. The effects of this development on the floodplain will be minimal. MUSLIM EDUCATIONAL TRUST CENTER PAGE 22 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. No steep slopes within 50 feet of the Water Resource Overlay will be impacted by this proposal. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. Temporary measures used for initial erosion control shall not be left in place permanently; Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has submitted a vegetated corridor report as part of the Fishman Environmental Services, LLC that indicates the corridor is in degraded condition. The applicant's proposal does not further impact any vegetated areas. In fact, the mitigation, if required by CWS should enhance the corridor. Vegetation mitigation plan. If a Type II or Ill use is proposed within a water resource site or riparian setback area, or mitigation is roposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re- vegetating areas temporarily disturbed by excavation on a 1:1 basis; Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non - native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for' each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re- planted with native plant species; The re- vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre- disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. This criteria has been addressed in part by the mitigation requirement of CWS that is discussed in Section 18.797.080.F above. However, the applicant has indicated that the disturbed area will be revegetated. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. The proposal includes an on -site detention facility that is designed to filter water prior to being discharged to Hiteon Creek. This criterion has been met. MUSLIM EDUCATIONAL TRUST CENTER PAGE 23 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER On -site systems. On -site septic systems and private wells shall be prohibited within the WR overlay district. This criteria is inapplicable as there are no proposed on -site septic systems or private wells within the WR overlay district. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; Construction activity will take place during the dry season (June- October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on -site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; Topsoil removal for development shall be stockpiled and reused on -site to the degree necessary to restore disturbed areas to their original or enhanced . condition, or to assure sufficient stable topsoil for re- vegetation. Additional soil shall be provided if necessary to support re- vegetation; The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The applicant has not provided staff with an erosion control plan for site work. This criterion is not satisfied. FINDING: The applicant has not submitted an erosion control plan for work within the 50- foot buffer adjacent to Hiteon Creek. CONDITION: Prior to site work, the applicant shall submit an erosion control plan for work, within the 50 -foot buffer area of Hiteon Creek. MUSLIM EDUCATIONAL TRUST CENTER PAGE 24 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Plan implementation. A schedule of planned erosion control and re- vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re- vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any stripping or excavation work. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. Eroded sediment shall be removed immediately from pavement surfaces, off -site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. These criteria will be addressed by the previous condition and through the site inspection process. This standard is met. FINDING: As conditioned, the plan will comply with the approval criteria of the Water Resources Overlay District. C. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires an arterial street to have a 64 to 128 -foot right -of -way width and varied paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Scholls Ferry Road, which is classified as an arterial street on the City of Tigard Transportation Plan Map, as amended by the Transportation System Plan (TSP). At present, there is approximately 50 feet of ROW from centerline, and the roadway is fully improved with curb, sidewalk and some street trees. This roadway is also under the jurisdiction of Washington County. The County submitted a letter, dated June 20, 2002 MUSLIM EDUCATIONAL TRUST CENTER PAGE 25 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER indicating they are currently reviewing the applicant's access report. Once the review of the report is completed, the County's Traffic Analyst will issue a "Traffic Staff Report ", which may include additional conditions. The County stated that they will require the applicant to relocate the main driveway for this site, as proposed by the applicant, to align across from Conestoga Drive. The County indicated that even this location does not meet their access standards, and that the applicant would have to submit an application for a modification to their access standards. Since the applicant has a desire to maintain the existing driveway near the east end of the site for a construction driveway, the modification request must also include that information. The applicant will also be required to make any necessary modifications to the traffic signal at the intersection of Scholls Ferry Road /Conestoga Drive to facilitate the fourth leg of that intersection. The applicant's materials state clearly that they will provide those improvements. Other County requirements include certification of the sight distance at the proposed driveway location and completion of sidewalk improvements along the site frontage. If there are areas of missing sidewalk, or sidewalk in disrepair, the applicant shall replace those areas with new sidewalk. A County permit must cover all work in Scholls Ferry Road. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By completing the sidewalk improvements along the Scholls Ferry Road frontage, per the County's requirements, the applicant will meet this standard. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over- sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 15 -inch public sewer line along the edge of Hiteon Creek to the southwest of this site. Public sewer presently serves the existing structure. For the Phase 2 improvements, a new connection will be needed. The applicant's plans show they will provide a new connection to the public line at the southwest corner of the site. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. MUSLIM EDUCATIONAL TRUST CENTER PAGE 26 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream public drainage areas that impact this site. Hiteon Creek flows along the south and west boundaries of. the site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention /effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant's plans show they will route their onsite stormwater to the south end of the site where it will be treated and detained in a pond facility. The applicant's preliminary sizing calculations show they will need a detention volume of approximately 3,053 cubic feet. With the water quality volume being approximately 3,073 cubic feet, the total pond volume must be approximately 6,126 cubic feet. The proposed pond volume is shown to be approximately 6,226, which more than accommodates the needed volumes. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right -of -way. Not applicable because Scholls Ferry Road is a Washington County facility. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. Not applicable. MUSLIM EDUCATIONAL TRUST CENTER PAGE 27 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two -way bikeways separated from the road is eight feet. Not applicable. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground,, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in -lieu of under - grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in conjunction with the development. The determination shall be on a case - by -case basis. The most common, but not the only, such situation is a short frontage development for which under - grounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in- lieu of under - grounding. Not applicable because Scholls Ferry Road is a Washington County facility. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: Ejaz Khan prepared a traffic impact report. Washington County is currently reviewing that report and will prepare a Traffic Staff Report that may contain additional conditions. The applicant will be required to comply with the conditions listed by the County for Scholls Ferry Road. Public Water System: This site is located within the City's public water service area. There is an existing 12 -inch public line in Scholls Ferry Road that presently serves the existing building. No additional public water line improvements are needed. MUSLIM EDUCATIONAL TRUST CENTER PAGE 28 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. As was stated previously, the pond at the south end of the site will provide for treatment and detention. The pond volume will easily accommodate the design volumes of both treatment and detention needs. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb. five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. The Building Division as a part of the site plan review process will review a grading plan. The overall site size is 2.54 acres, thereby eliminating the need for a NPDES permit. MUSLIM EDUCATIONAL TRUST CENTER PAGE 29 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). Since the existing building will continue to be used, the applicant may continue to use the existing site address of 10330 Scho Its Ferry Road. D. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. ROUGH PROPORTIONALITY ANALYSIS Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently, the TIF for this project is estimated at $33,165. According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its TIF assessment in Tigard. This leaves 68% unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June 1995): $33,165 divided by .32 equals $103,640.62 ($33,165 is theTIF assessment according to the Washington County TIF ordinance effective July 1, 2000). Less mitigated costs Improvements to the signalization at the intersection of SW Scholl's Ferry Road and Conestoga are required and valued at an estimated $60,000. Estimate of Unmitigated Impacts Full Impact $103,640.62 Less TIF Assessment $ 33,165 Less Mitigated Costs 60,000 Estimate of Unmitigated Impacts 10,475.62 FINDING: Using the above cost factors, it can be determined that the unmitigated impacts exceed the costs of the conditions imposed and, therefore, the conditions are roughly proportional and justified. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and offered no comments or objections. The City of Tigard Engineering Department was sent this proposal for review and the comments have been incorporated into this report. The City of Tigard Operations Utility Manager has reviewed this application and has expressed that the waterline will have to be extended to provide service to the site. All utility work should be coordinated with the City. MUSLIM EDUCATIONAL TRUST CENTER PAGE 30 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER City of Tigard Property Manager has reviewed this application and offered no comments or objections. City of Tigard Police Department has reviewed this application and offered no comments or objections. City of Tigard Arborist has reviewed this application and recommended protection measures. His approval is conditioned for tree protection measures. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal and offered comments which have been incorporated into the body of this report as part of their preliminary review. The City of Beaverton has reviewed the proposal and has requested that the access be realigned with Conestoga Blvd. Tri -met has reviewed the proposal and has requested that the adjustment be denied, and that the bike parking spaces be covered. The Oregon Division of State Lands has reviewed the proposal and has indicated that a state removal -fill permit will not be required based on the available information. Washington County has reviewed the proposal and offered comments that have been discussed in the body of this report. Their approval is conditioned as a part of this report. Portland General Electric, Verizon, and Tualatin Hills Park and Recreation District, were given the opportunity to review this proposal and submitted no comments or objections. Tualatin Valley Fire and Rescue has reviewed this application and offered the following comments: The minimum required fire flow for Phase I is 2445 gpm @ 20 psi . Prior to the issuance of building permits, documentation shall be provided that indicates the minimum fire flow is available at the required hydrants. A minimum of 2 fire hydrants shall be provided for phase I of this development. Fire hydrants shall be installed so that no part of the structure is more than 250 feet from a fire hydrant. It would benefit the applicant to install the hydrants in a manner that will provide coverage of the building proposed in Phase II also. Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access roadway that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) Approved fire apparatus access roadways and firefighting water supplies shall be installed and operational prior . to stockpiling combustibles on -site or the commencement of combustible construction. (UFC Sec. 8704) A building survey and plans, in accordance with TVF &R Ordinance 99 -01, Appendix III -F, shall be submitted. A copy of Appendix III -F, the building survey form and the instructions are available on the Fire District web site. To access this information via Internet, follow this link: MUSLIM EDUCATIONAL TRUST CENTER PAGE 31 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER http://www.tvfr.com/Departments/FireMarshal/newconstruction.htm g;-„,e June 10, 2002 PREPARED BY: Brad Kilby DATE Associate Planner ' eA.4 June 10, 2002 APPROVED BY: Richard Bew r dorff DATE Planning Manager • MUSLIM EDUCATIONAL TRUST CENTER PAGE 32 OF 32 7/22/2002 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER e p. II ' Gam ilir ' CIT of TIGARD S OaOOAAP NIC INf00.4 ATION e YaT 0 .11 _ Au 4 oC' Y VICINITY MAP on % 4 4 , S , un CU P2002- 00003 • SLR2002 -00004 .` '%,.% % ‘' 0000 o SLR2002 -00006 ' „, goo . . % Z VAR2002 -00009 0 '% 1 < MUSLIM EDUCATIONAL co TRUST CENTER ` .e ; • *.■ • .• •� � I__ . Qr - e NI'rA i o. S V• � \ -i -.:\ 4 lb.' ' .1* ? 7 rz sc ,..ko\A5 \ \\N • ... 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