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CUP2002-00006 Decision - ST. ANTHONY's EXPANSION
, S 1 120 DAYS = 5/6/2003 CITY OF TIGARD DATE OF FILING: 3/5/2003 Community Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2002 -00006 ADJUSTMENT (VAR) 2002 -00043 ADJUSTMENT (VAR) 2002 -00044 Case Name: ST. ANTHONY'S CHURCH EXPANSION Name of Owner: Roman Catholic Archbishop of Portland in Oregon Name of Applicant: Ankrom Moisan Associated Architects Attn: Drew Rocker Address of Applicant: 6720 SW Macadam, Suite 100 Portland, Oregon 97219 Address of Property: 9905 SW McKenzie Street Tigard, Oregon 97223 Tax Map /Lot Nos.: Washington County Tax Assessor's Map No. 2S102BD, Tax Lot 100. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT AND ONE ADJUSTMENT AND DENYING ONE 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 FEBRUARY 19, 2003 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ Conditional Use approval for a phased expansion. The first phase would involve the renovation and minor addition to the middle school, a new gymnasium, and associated site work. The subsequent phase would involve construction of a new community center, parking revisions, and associated site work. At the close of the record, the Hearings Officer approved the request for the Conditional Use, a 50% variance to the minimum number of bicycle parking spaces, and a 2 -foot adjustment for the SW corner of the gymnasium; and denied the variance request regarding substituting street trees on the McKenzie Street frontage off -site. Zone: 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, 18.780, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: J Owners of Record Within the Required Distance El 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 /Comm n y Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON MARCH 7, 2003 AND BECOMES EFFECTIVE ON MARCH 22, 2003 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 - vision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard .y Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 1 THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 21, 2003. 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 St. Anthony's Parish for a ) FINAL ORDER conditional use permit, variances and an adjustment for ) CUP 2002 -00006 phased expansion of a church, school and accessory uses at) VAR 2002 -00043 & 44 9905 SW McKenzie Street in the City of Tigard, Oregon ) (St. Anthony's expansion) A. SUMMARY 1. The applicant, Roman Catholic Archbishop of Portland represented by St. Anthony's Parish Priest Leslie Sieg and Ankrom Moisan Associated Architects' Drew Rocker, requests approval of a conditional use permit (CUP) for a major modification to an existing church, school and accessory uses. 2. The site is Tax Lot 00100 (WCTM 1S 102BD). The site includes all but the southwest corner of the block bounded by Highway 99W, McKenzie Street, Grant Avenue and Johnson Street.' The site contains 63 acres according to the Staff Report and 7.6 acres according to the application. It is zoned R -12 (Medium Density Residential). It is • developed with church and school. An elementary school at the northeast corner of the site dates to 1931. West of the school are a convent, now used as a kindergarten, and two portables. In roughly the middle of the site is the Kelly Center, which is where middle school is conducted. The church (with a capacity of 700 seats in the main sanctuary) and rectory are in the southwest corner of the site. The northwest corner of the site is a playfield. The applicant applied for and the City approved more recent improvements as provided by code. The school now has capacity for 380 students from kindergarten through middle school. There are 249 parking spaces on the site, including eleven spaces that extend into the McKenzie Street right of way in front of the church. 3. The applicant now proposes a two -phase improvement plan. The applicant identified as the first phase as "IA" and to the second phase as "IB ". During phase IA, the applicant will relocate two kindergarten rooms from the northeast portion of the site to the middle school building, modify that building to accommodate those children and other program changes, and build a new gymnasium southeast of the existing middle school building, among other changes. The phase IA changes could accommodate 50 more students, generating about 5 more peak -hour vehicle trips, according to a traffic study prepared for the applicant. In phase IB, the applicant will build a 15,000- square foot community center, more on -site vehicle parking and a circulation connection between Johnson and Grant Avenue that will facilitate dropping -off of students, among other features. Most students are driven to and from school individually or in family groups, because there is no school- provided busing. The applicant will be required to improve Johnson and McKenzie Street frontages mostly as part of phase IB, but will not be adding lanes to abutting public streets. Although traffic queues on Johnson Street and Grant Avenue during the AM peal hour, a traffic study shows affected streets and intersections can accommodate traffic from each phase of the development. In phase IB, the applicant will displace 53 off - street parking spaces (including the eleven spaces that extend into 1 The applicant owns other parcels where it has developed parking for the church and school uses, e.g., at 9870 SW Johnson Street and 12515 SW Grant Avenue (WCTM 2S1 02BB, tax lots 01700 and 01600). 2 C 20 -82 and SDR 26-81 approved a community center on the site. CU 3 -85 approved expansion of the school. In 1992, the City approved additional school expansion. In 1997, the City authorized two off -site parking locations (CUP 97- 0007). CUP 2002 -00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 1 T f McKenzie Street). Additional spaces will be added on- or off -site as needed. 4. The applicant proposed two variances and an adjustment. The applicant proposed one variance to substitute street trees off -site (at parking lots owned by the applicant along McKenzie and Grant to the west) for trees required along the north side of McKenzie Street on the site, at least pending phase IB. A second variance was proposed to reduce the number of bicycle parking stalls required for the school to one -half of the standard requirement, principally because most children carpool to and from the school from a relatively wide region. At the public heating, the applicant requested an adjustment to allow the corner of the gymnasium to extend two feet into the front yard setback along McKenzie Street as illustrated on preliminary plans. 5. City hearings officer Larry Epstein (the "hearings officer ") held a duly noticed public hearing regarding the application. City staff recommended conditional approval of the CUP, deferral of the street tree requirement and approval of the bicycle storage place variance and adjustment for the gymnasium corner. Two witnesses testified for the applicant and accepted the findings and conditions of approvals recommended by City staff. One neighbor testified peak traffic due to the school effectively blocks Johnson Street and Grant Avenue, and sought an enforceable means to prevent such congestion. Witnesses for the applicant and the City considered how the applicant could better address the peak hour traffic congestion until phase IB improvements do so more effectively, and agreed such measures were feasible. No one else appeared at the hearing or submitted written testimony about the application. The applicant waived its right to have the record held open. The hearings officer closed the record at the end of the hearing and announced his intention to approve the conditional use permit subject to conditions recommended by staff with modifications. 6. The principle issue in dispute involves the impact of school - related traffic on Johnson Street and Grant Avenue until phase IB, when projected improvements will significantly reduce the potential congestion caused by school - related traffic. The hearings officer is persuaded that it is feasible for the applicant to reduce peak hour traffic congestion as part of phase IA at least in proportion to the impact of the increased use of the site due to development authorized in that phase, and a condition is imposed to ensure the applicant makes a timely, effective effort to do so, while delegating some discretion about how it is done. 7. For the reasons stated herein, the hearings officer approves the conditional use permit for the phased expansion plan, one variance application and an adjustment, subject to the 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 February 19, 2003. 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 m the declaration required by ORS 197.763. The hearings officer g q Y g disclaimed any ex parte contacts, bias or conflicts of interest. The hearings officer disclosed that he had visited the site in the context of prior cases and general commuting 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 February 12, 2003 (the "Staff Report"). He responded to concerns about traffic by observing phase IA will add only five peak hour trips and 50 daily trips. He noted that a CUP 2002-00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (Sr. Anthony's Expansion) Page 2 parking analysis is required before phase IB to ensure enough parking will be provided excluding the 11 spaces on the McKenzie Street right of way that will be lost due to improvements required for that phase. Those improvements also will include curb and sidewalk on the site's Johnson Street frontage, but the City does not recommend that the applicant install additional lanes on Johnson Street, because the congestion caused by school- related traffic is short-term and has not been a hazard based on accident statistics. He discussed the potential for allowing a two -foot adjustment for the comer of the gymnasium under CDC 18370.020. Planning Manager Dick Bewersdorff also testified about traffic queuing and the adjustment. 3. Drew Rocker initially accepted the Staff Report but requested a two-foot adjustment for the corner of the gymnasium given the small area involved. He explained why the hearings officer can and should grant such an adjustment. He introduced an exhibit illustrating how the proposed solid waste storage enclosure - -- to be situated in a sight - obscured area next to the new gymnasium - -- will comply with applicable standards. He explained another solid waste storage area serves buildings on the north part of the site. 4. Dave Leary, a neighbor to the west, testified convincingly and eloquently about his observations of traffic congestion on Johnson Street and Grant Avenue during 15 to 20 minutes daily. His observations of congestion were not challenged by the applicant, and were confirmed by Mr. Bewersdorff from personal experience. Mr. Leary opined that the congestion violates parking regulations and is unsafe, although he did not explain precisely how except that it per se violates city traffic law and could lead to imprudent behavior by drivers. He acknowledged the problem is short-term and of long - standing. He argued the applicant should have to provide a readily accessible off -street area where parents can drop - off students without obstructing Johnson Street or Grant Avenue. 5. In response to Mr. Leary, Mr. Rocker explained circulation on and around the site in more detail. He noted there are two traffic patterns for drop -offs. The kindergarten and elementary school traffic enters from and to Johnson eastbound using basically one lane on the site. Middle school traffic enters a small area to and from Grant Avenue. 6. Father Leslie Sieg testified that two kindergarten classrooms will be relocated from the northeast part of the site to the middle school building in phase IA. He and Mr. Rocker described how an additional on -site lane could be created to increase the number of vehicles that can drop off children at the same time, reducing congestion on Johnson Street until phase IB. They also discussed the long -term solution created by phase IB, when a long mid -block extension between Johnson and Grant will greatly increase the distance within which vehicles dropping off children can wait off of the public rights of way, noting that temporary improvement of some of that area also could relieve congestion on Johnson Street and/or Grant Avenue if necessary. 7. Mr. Rocker waived the applicant's right to hold open the record after the hearing for a closing written argument. 8. The hearings officer closed the public portion of the hearing and closed the record at the end of the hearing. He announced an intention to approve the application for the conditional use permit, to approve one variance and to defer compliance with the standard addressed in the other variance. He announced an intention to take under advisement whether an adjustment can and should be granted to the front yard setback standard as it applies to the proposed gymnasium and how to address in a condition the concern about mitigating the impact of phase IA on traffic congestion on Johnson Street and Grant Avenue. CUP 2002 -00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 3 C. DISCUSSION 1. City staff provided basic facts about the site and its vicinity and existing and proposed uses in the Staff Report. They recommended the hearings officer approve the application for the conditional use permit and one of the variances, and deny the other variances, based on the applicable standards and responsive findings in section VII of the Staff Report and subject to conditions of approval in section II of the Staff Report. The applicant accepted the findings and recommended conditions with the exceptions described more below. City staff also agreed the hearings officer could grant an adjustment to allow the comer of the gymnasium to extend 2 feet into the front setback, and there is substantial evidence in the record to support findings approving such an adjustment. For the most part, the hearings officer adopts as his own the findings and conclusions in the Staff Report. For the sake of efficiency, the final order does not repeat what is in the Staff Report, although the final order often summarizes and refines what is in the Staff Report. 2. The hearings officer largely agrees with the findings in the Staff Report. a. Substantial evidence in the record shows the proposal does or can comply with the applicable standards and criteria for a conditional use permit and for a variance to bicycle parking standards. The hearings officer relies on the Staff Report for relevant findings and citation to supporting evidence on these issues. b. There is not substantial evidence to show waiver of street tree requirements is warranted, even with the thoughtful and creative approach of substituting trees elsewhere. Nothing precludes compliance with the street tree requirements on the site. The rationale for the variance - -- to save 11 parking spaces - -- is based on a flawed premise. The applicant is not entitled to use the public right of way for private parking purposes. Given the narrow width of McKenzie Street abutting the site, street trees are all the more important. The applicant has room on this site and adjoining properties where adequate parking can be provided. Also the applicant failed to show that trip reduction measures have been employed to minimize parking needs, or that there is anything special about the parking that extends into the right of way that warrants its preservation beyond phase IA (i.e., before completion of phase IB). An offer to place trees elsewhere, without more, is not a suitable substitute. City staff have proposed an eminently reasonable approach of allowing the applicant to defer planting the street trees along McKenzie until phase IB requires removal of the parking spaces that intrude onto that right of way. The hearings officer agrees with that approach. 3. The Staff Report notes that the gymnasium extends into a required setback .3 In the report, Staff take the position that the applicant should be required to comply with the setback. However, after further consideration at the hearing, and a review of the relevant procedural and substantive standards, City staff concluded at the hearing that the lesser setback proposed for the gymnasium is so small (being a 2 -foot corner of the building), that it has a relatively small burden of proof. There are peculiarities that relate to the site that warrant the adjustment, principally the limitations imposed by the existing buildings on the site and the adjoining rights of way. The variances will not increase adverse impacts of the development on natural or manmade systems, given that ample room will remain for access with adequate sight distance, landscaping, transitions and maintenance. The gym corner may well qualify for a variance. However it is clear that the variance is not more than 25% of a front yard requirement and does not significantly increase building coverage. It will not affect or impede emergency access, because it does not obstruct sight distance. It is the 3 CDC 18330.050.B.8.b(2) provides that the minimum street -side side yard setback for a school is 20 feet. CUP 2002 -00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 4 least variance required to achieve the physical needs of the applicant to the building in question. Construction of the gym comer as proposed will not result in the preservation or loss of trees per se and will result in implementation of a cogent landscaping plan for the affected area. For the foregoing reasons, it complies with the standards for an adjustment to setback standards under CDC18.370.020.B.2. Therefore whether a variance could be granted for the gym extension is moot. 4. The Staff Report discusses the need for the applicant to address more clearly how solid waste will be collected and stored temporarily on -site pending pick -up by a franchised hauler. The applicant largely did so at the hearing. Conditions of approval should be modified accordingly. 5. Under CDC 18.760, the existing use of the church and school can be continued without being brought into compliance with other applicable standards of the code. Conditions of approval can be imposed to ensure the modification of the church and school do not increase the extent to which the use violates an otherwise applicable standard. 6. CDC 18.130.040.A.1 requires that a conditional use be situated on a site "the size and dimensions [of which] provide adequate area for the needs of the proposed use." In this case, the hearings officer finds that the site is large enough and of a size and shape to comply with applicable CDC standards, except for the one variance and adjustment, which the hearings officer also finds are warranted as described or incorporated above. a. The site is large enough and has dimensions suitable for accommodating the traffic impacts of the use, but the applicant failed to persuade the hearings officer that it is using the site to best mitigate the impacts that have occurred for some time and will increase, albeit marginally, when phase IA is completed and until phase IB is completed. The hearings officer finds that school - related traffic congests Johnson Street and Grant Avenue for 15 to 20- minute periods daily, based on the traffic study prepared for the applicant. Although the engineer who prepared the report and City staff who reviewed it minimized the significance of the congestion, the evidence does not compel the hearings officer to disregard that impact; to the contrary, the impact is relevant. b. If phase IB was imminent, the hearings officer might find the continuing adverse impact caused by the school - related congestion was so slight that it should not preclude proceeding with phase IA. However there is no certainty when phase IB will begin or be completed. In the meantime it is difficult to quantify the relative impact of phase IA on the problem. But there will be some impact. A proportionate response by the applicant is warranted as a condition of approval of phase IA. c. The applicant can take several practicable responses. One discussed at the hearing is to increase the number of lanes for the drop -off vehicles entering the site eastbound on Johnson Street, now that the kindergartners will not be in the route of that traffic. Another discussed at the hearing is to increase the loading area off Grant. Street for the middle schoolers. Other measures might include increased use of carpooling or vans, graveling all or a part of the cross -block route planned in phase IB, or designating more remote drop -off points at other school -owned properties and escorting children to the school. The point is that the site is large enough to accommodate peak AM traffic congestion, because additional routes can be created, managed and/or improved to move traffic more quickly off of public streets, thereby reducing or eliminating congestion. d. A condition of approval is warranted requiring the applicant to propose one or more specific means of reducing AM peak hour congestion. The planning manager should review and approve a plan that he or she finds has a reasonable likelihood of CUP 2002 -0006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 5 reducing congestion on Johnson Street and Grant Avenue. The City should monitor or enlist the applicant to monitor the success of the measure(s) used to reduce congestion at least for a reasonable period of time after it/they take(s) effect. The results of this monitoring should be available to the public on request at no more than the cost of production and should be considered in any future review of phase IB. The planning manager should be authorized to suspend monitoring when he or she finds it is no longer warranted to ensure compliance with the condition. 7. Adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with the applicable City approval and development criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the Tigard Community Development Code. D. CONCLUSIONS The hearings officer concludes that the proposed conditional use permit, bicycle parking variance and building setback adjustment do or can comply with the applicable approval criteria and standards of the Tigard 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. The hearings officer also concludes that the applicant failed to sustain the burden of proof that the proposed variance to the street tree requirements complies with the applicable approval . standards for such a variance; however, deferral of street tree planting until phase IB is warranted. Substantial evidence in the record and the reasonable interpretations of relevant ambiguous CDC provisions by the hearings officer support these conclusions. E. DECISION 1. The hearings officer hereby denies VAR 2002 -00044 (regarding street trees on the McKenzie Street frontage of the site), but authorizes the applicant to defer planting of those trees until directed by the City as part of the improvement of the McKenzie Street frontage of the site consistent with this final order. 2. The hearings officer further hereby approves CUP 2002 -00006 (phases IA and IB of the St. Anthony's expansion), VAR 2002 -00043 (a 50% variance to the minimum number of bicycle parking spaces), and a 2 -foot adjustment for the southwest corner of the gymnasium, subject to the conditions in section II of the Staff Report, with the following amendments: a. Condition of approval 5 is hereby amended to read as follows: 5. Before the City issues a permit for phase IB construction, the applicant shall submit and receive approval of a revised site plan showing that the resulting development will comply with minimum off - street parking standards in TDC Chapter 18.765 for all new parking spaces on the site. Parking in the McKenzie Street right of way does not count toward those requirements. On the date of this decision, 233 on -site parking spaces are required. b. Condition of approval 6 is hereby amended to read as follows: 6. Before the City issues a site permit for phase IB, or three years from the date of this final order plus extensions authorized by law, whichever is first, the applicant shall abandon the eleven parking CUP 2002 -00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 6 spaces that encroach into the McKenzie Street right of way and apply for a Public Facility Improvement (PH) permit to improve the north half of the McKenzie Street right of way abutting the site to the extent not already improved to applicable standards. c. Condition of approval 26 is hereby added to read as follows: 26. Prior to issuance of occupancy permits for development authorized in phase IA, the applicant shall submit and receive approval of a plan to reduce AM peak hour congestion on Johnson Street and Grant Avenue. The plan shall include one or more of the means to reduce congestion discussed herein or other means the planning manager fords can be effective. The plan also shall include a means of measuring the effect of implementing the plan. The planning manager shall approve a plan that he or she finds has a reasonable likelihood of reducing congestion on Johnson Street and Grant Avenue and of being monitored. The City should monitor or enlist the applicant to monitor the success of the measure(s) used to reduce congestion at least for a reasonable period of time after it/they take(s) effect. The results of this monitoring shall be made available to the public on request at no more than the cost of production and should be considered in any future review of phase IB. The planning manager may suspend or waive further monitoring when he or she finds it is no longer warranted, (e.g., because congestion has declined or at least not increased in duration). ! • T y is S day of M. . Larry P F ein, �AI � City of Tigard rT d U • • Hearings Officer CUP 2002 -00006 and VAR 2002 -00043 & 44 Hearings Officer Final Order (St. Anthony's Expansion) Page 7 f l Agenda Item: 2.1 Hearing Date: February 19, 2003 - • STAFF REPORT TOTHE A • HEARINGS OFOFFICER em CIT FTi9AR9 Commuraty lneveCoprnent FOR THE z C ITY OF TIGARD S prngA BetterCommuluty 120 DAYS = 5/06/2003 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY'S CATHOLIC CHURCH EXPANSION CASE NOS: Conditional Use Permit (CUP) CUP2002 -00006 Adjustment (VAR) VAR2002 -00043 Adjustment (VAR) VAR2002 -00044 APPLICANT/ Roman Catholic Archbishop APPLICANT'S Ankrom Moisan OWNER: Of Portland in Oregon REPRESENTATIVE: Associated Architects 2838 E. Burnside Attn: Drew Rocker Portland, OR 97214 6720 SW Macadam Portland, OR 97219 PROPOSAL: The applicant is seeking approval for a phased expansion. The first phase would involve the renovation and minor addition to the middle school, a new gymnasium, and associated site work. The subsequent phase would involve construction of a new community center, parking revisions, and associated site work. The applicant is also seeking an adjustment to the requirement to provide street trees along SW McKenzie, and an adjustment to the bicycle parking standards. LOCATION: 9905 SW McKenzie Street; WCTM 1S102BD, Tax Lot 00100. COMPREHENSIVE PLAN and ZONING DESIGNATION: 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, 18.780, 18.790, 18.795, and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that'the proposed Conditional Use Permit and .Parking Adjustment Will' adversely.zaffect, the health, safety, and welfare ofi-the City and meets the Approval Standards :as outlined in this, report Therefore, Staff recommends APPROVAL of "the Amended Conditional use and thee parking =adjustment but . recommends DENIAL ' of the street tree adjustment, subject: the following recommended; Conditions of Approval. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 1 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SA TISFIED t � �v .,,. 'i r,. PRIOR TO ISSUANCE OF SITE AND / OR� BUILDING PERM_ ITS ,.`a'fia . n. - -:. x.. r. � ._ .. Submit to the Planning Department (Brad Kilby, 639 -4171, ext. 2434) for review and approval: 1. Prior to any site work, the applicant shall comply with the protection measures prescribed by the City Arborist. The applicant shall provide the City Arborist with a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 2. Prior to any 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. 3. Prior to the issuance of any site permits for phase 1 B, the applicant shall provide City staff with a revised landscape plan demonstrating compliance with TDC Section 18.745.050 (E)(1)(a). The applicant shall include placement of trees within the interior of all new parking areas throughout the site at a ratio of one tree for every seven parking spaces and located within islands that are three feet wide and protected from vehicular damage by some form of wheel guard or curb. 4. Prior to the issuance of any permits on phase 1 B, the applicant shall provide the City with a landscaping plan to show compliance with TDC Section 18.745.040 (Street Trees). The revision shall include street trees along the entire frontages of SW Grant Street, SW McKenzie Street, and SW Johnson Street. 5. Prior to the issuance of any site permits for phase 1B construction, the applicant shall provide the City with a parking plan that shows compliance with the minimum parking requirements of 233 spaces on site. The lan shall demonstrate compliance with the dimensional and material requirements of TDC Chapter 18.765 for all new parking spaces on site. In the event that phase 1B is not constructed within the approval period of this decision, the Church shall abandon the eleven spaces that encroach into the ht of wa ri improvements to the parking areas on site to bring McKenzie, a ng them into co and make all necessary v p mpliance with the Tigard Development Code. 6. Prior to the issuance of building permits for the new structure, the applicant shall provide revised plans that illustrate compliance with the 20 -foot side yard setback along the southeast corner of the gymnasium. 7. Prior to the issuance of final occupancy permits for improvements in phase 1A, the applicant shall provide the City with financial assurance for the value of the required landscaping. 8. Prior to the issuance of building permits, the applicant shall provide a narrative detailing which one of the four methods will be chosen for solid waste and recyclable storage. A detail of the enclosure along with any other necessary elements shall be submitted. (See Section 18.755.040 (C -F) The applicant shall provide the City with a new location for the facility outside of the front yard of the facility. If a new site cannot be found, the applicant shall seek a variance to the location standards of the TDC. 9. Prior to the issuance of building permits, the applicant shall revise the parking plan to comply with the Oregon Uniform Building Code and show seven (7) ADA accessible spaces as opposed to the six that are identified on the current site plan. 10. Prior to issuing building permits for either phase, the applicant shall submit a detailed lighting plan, that shows no projection off site and complies with crime prevention requirements of the TDC Section 18.360.090(10). ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 2 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 11. Prior to issuance of a site permit in Phase 1A, a Public Facility Improvement (PFI) permit is required for this project to cover the sanitary sewer and storm drainage taps to main lines in Johnson Street, the water tap in McKenzie Street and any other work in the public right -of -way. 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. Prior to issuance of a site permit in Phase 1B, a Public Facility Improvement (PFI) permit is required for this project to cover the half - street improvement in SW Johnson Street and any other work in the public right -of -way. 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). 13. A 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. 14. Prior to issuance of the site permit for Phase 1A, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Shirley Treat, Engineering). 15. Prior to issuance of the site permit for Phase 1B, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Shirley Treat, Engineering). 16. Additional right -of -way shall be dedicated to the Public at the intersection of Grant Avenue /Johnson Street to provide a ROW radius of 30 feet. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 17. Additional right -of -way shall be dedicated to the Public at the intersection of Grant Avenue /McKenzie Street to provide a ROW radius of 25 feet. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 18. 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. THEFFOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A L FINAL BUILDING INSPECTION: ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 3 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Submit to the Planning Department (Brad Kilby, 639 -4171, ext. 2434) for review and approval: 19. Prior to the issuance of final occupancy permits for improvements in phase 1A, the applicant shall provide the City with financial assurance for the value of the required landscaping. 20. All site improvements must be made in accordance with the approved plans for each phase of the project. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 2471) for review and approval: 21. Prior to a final building inspection, the applicant shall complete any work in the public right -of -way (or public easement) and obtain approval from the Engineering Department. 22. Prior to a final building inspection in Phase 1 B, the applicant shall complete any work in the public right -of -way (or public easement) and obtain approval from the Engineering Department. 23. The applicant shall either place the existing overhead utility lines along SW McKenzie Street underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $12,925.00 and it shall be paid prior to a final building inspection. 24. If Phase 1B is served from overhead utility lines along either Grant Avenue or Johnson Street, there will be an additional requirement for undergrounding of the overhead lines, or payment of the fee in -lieu. 25. 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. FAILURE TO SATISFY THECsdNDITION OF'APPROVAL WITHIN.36 MONTHS OFTHE EFFECTIV DATE OF THE HEARING OFFICER'SlDECISION SHALL R HE ENDER T HEARING OFFICER'S DECISI:ONtvOID SECTION III. BACKGROUND INFORMATION Site History: St. Anthony's Catholic Church has occupied the site for quite some time. The site has grown and evolved over a long period of time. The Church sought conditional use review on three separate occasions. The first approval was rendered for the Kelley Community Center (CU20 -82 & SDR26 -81). The second approval was for a classroom expansion of a modular that was placed on site as a temporary use in 1983 (CU3 -85). In 1992, the church received conditional use approval for a 4,230 square foot expansion that included the addition of three new classrooms and a library addition. There have been several other miscellaneous permits issued for structural updates, and for some off -site parking areas. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 4 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Vicinity Information: The site is zoned R -12 which is a medium density designation in the Tigard Comprehensive Plan. Properties located to the south, east, and west of this site are zoned either R -12 or C -G, which is a commercial designation in the Comprehensive Plan. Properties located to the north of the site are zoned R -4.5, a low density designation in the Comprehensive Plan. The site is surrounded by a mixture of single - family residences and small businesses. Site Information and Proposal Description: The site is currently developed with the existing church and several ancillary buildings to accommodate the school. The proposal is for a phased expansion that would involve the renovation and minor addition to the middle school, a new gymnasium, and associated site work. The subsequent phase would involve construction of a new community center, parking revisions, and associated site work. The applicant is also seeking an adjustment to the requirement to provide street trees along SW McKenzie, and an adjustment to the bicycle parking standards. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to amend the existing conditional use permit to allow for phased construction of a new gymnasium, an addition to the middle school, and a new community building along with the associated site work. Churches are permitted by Conditional Use in all zones. The adjustments that have been requested are typically reviewed administratively. However, when different requests are reviewed concurrently, the highest review authority • renders the decision on all matters in the application. In this case, the application is subject to a public hearing before the City of Tigard Hearings Officer. Summary Land Use Permits: Chapter 18.310 Defines the decision - making type to which the land -use application is assigned. The proposed amendment to the existing Conditional Use permit is a Type III -HO decision. The proposed adjustment to the bicycle parking requirement is a Type II review, and the proposed adjustment to the street tree requirement is a Type I review. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and /or oral testimony prior to a decision being made. In addition, the applicant is required to post the site with notice of the public hearing. Staff has verified that the site is posted. Staff has not received any comments from any property owners as of the date of this staff report. SECTION VI. SUMMARY OF APPLICABLE CRITERIA 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 18.330 Conditional Uses) 18.360 Site Development Review) 18.370 ariances and Adjustments) ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 5 OF 27 CUP2002- 00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 18.510 Residential Zoning) 18.705 Access, Egress & Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste & Recyclable Storage) 18.765 Off - Street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 isual Clearance) C. Additional Site Development Review Approval Standards D. Street and Utility Improvement Standards (18.810) E. Impact Study (18.390) SECTION VII. 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. 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 6.3 acres in size. This report evaluates the proposal and necessary review criteria for the site. The site size appears adequate for the needs of the proposed expansion. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no apparent natural features on this site, and the size, shape, and location are not extraordinary. The site is located on the boundary of the R4.5 zoning district, but is surrounded by a mixture of businesses and single - family residences. The site is suitable for this location. All required public facilities have adequate capacity to serve the proposal; and According to the comments received, all public facilities including streets, storm and sanitary sewers, and water can adequately serve the site. This criterion is satisfied. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the R -12 zone, the additional dimensional requirements for religious facilities are specified in the Conditional Use Standards of Section 18.330.050.8.9 and the dimensions proposed for this development. (see table on the following page) ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 6 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER r STANDARD _ ' PO-gq:i24101 r.tVoNDITIoNA:Ous., Minimum Lot Size 3,050 sq. ft. 20,000 sq. ft 274,428 sq. ft Minimum Lot Width n/a n/a 300+ ft Minimum Setbacks Front yard 20 ft 25 ft 23 ft Non - conforming Side facing street on corner & through Tots 20 ft 20 ft 35 along Grant Side yard 10 ft 20 ft 18ft Rear yard 20 ft 20 ft Non - conforming Maximum Height 35 ft. SAME AS R -12 27ft 8in Maximum Site Coverage [2] 80% SAME AS R -12 53% [2] Minimum Landscape Requirement _ 20% SAME AS R -12 47% [2] Includes all buildings and impervious surfaces. The application fails to meet the dimensional requirements of both the underlying zone and the conditional use dimensional requirements. In order to meet the conditional use - requirements, the applicant should be conditioned to meet the 20 -foot side yard setback along the southeast corner of the gymnasium. The Front and Rear yard setbacks that are compromised by the existing structures on the site including the offices and elementary school are non - conforming. According to the non - conforming chapter of the Tigard Development Code (TDC) 18.760.040(C), the non - conforming structure may continue to be used, enlarged, or altered, as long as it does not increase the non - conformity of the structure, as long as it is not moved, or as long as it is not destroyed by any means beyond 60% of its assessed value. FINDING: The expansion plans for the construction of the new gymnasium illustrate that the structure sets within the required 20 -foot setback. CONDITION: Prior to the issuance of building permits for the new structure, the applicant shall provide revised plans that illustrate compliance with the 20 -foot side yard . setback along the southeast corner of the gymnasium. 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 followingq chapters of the Community Development Code: 18.330, Conditional Use; 18.360, Site Development Review; 18370, Variances and Adjustments; 18.390, Decision Making Procedures 18.510, Residential Zoning Districts; 18.705 Access, Egress and Circulation• 18.725, Environmental Performance Standards; 18.7 Landscaping and Screening; 18/55, Mixed Solid Waste and Recyclables Storage; 18.765, dff- Street Parking; 18.790, Tree Removal 18.795, Visual Clearance Areas; 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: 18.600, • Community Plan Area 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, Horne Occupations; 18.750, Manufactured /Mobile Home Regulations; 18.760, Nonconforming Situations; 18.775, Sensitive . Lands; 18.780, Temporary Uses 18.797 Water Resources Overlay District; and 18.798, 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. • ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 7 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • FINDING: Based on the analysis above, and the condition imposed on the development, the General Approval Criteria for a Conditional Use have been 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 vicinityy, 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 majority of activities for the Church occur on Sundays and the school operates on the weekdays. A search of the City's code enforcement records shows no complaints against the existing church operations. Staff does not find any justification to impose conditions limiting the hours, days, and /or manner of operation. Requiring design features, which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and /or dust; The hazards related to odor, dust, noise, glare, air pollution, and vibration can be mitigated through the design of the building and the buffering and landscaping of the use that has been proposed. Those hazards that are inherent during construction will be held to the same standards as other construction within the City of Tigard as regulated by the Tigard Municipal Code (TMC). All of these items will be subject to code enforcement review if the applicant exceeds the allowed levels. Requiring additional setback areas, lot area, and /or lot depth or width; The buffer requirements are discussed further in this report. Limiting the building height, size or lot coverage, and /or location on the site; Based on the plans submitted, the applicant has designed and placed the building such that it meets the underlying zone requirements except for the side yard setback along the SE corner of the gymnasium. A condition has been recommended previously in this report to ensure that this setback is met. Designating the size, number, location and /or design of vehicle access points; The applicant is proposing to modify an existing access along SW McKenzie for a one way drop off point with phase 1A, and an access along SW Grant and Johnson in phase 1B. The accesses have been reviewed by the City of Tigard engineer, and his comments and recommendations have been incorporated into this report where appropriate. Requiring street right -of -way to be dedicated and street(s) to be improved; Street dedications have been requested and are addressed later in this report. Requiring landscaping, screening, drainage and /or surfacing of parking and loading areas; Landscaping, screening, drainage, and parking have been addressed individually and in detail later in this report. Limiting the number, size, location, height and/or lighting of signs; There are no new signs proposed at this time, and the applicant has indicated that any new signage will be applied for at a later date. Compliance with the sign requirements for the underlying zone will be considered once an application is submitted. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 8 OF 27 CUP2002- 00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Limiting or setting standards for the location and /or intensity of outdoor lighting; Lighting has been proposed and rather than addressing it twice, will be addressed under the Site Development Review Criteria later in this report. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Staff will address screening and landscaping later in this report. Requiring and designating the size, height, location and /or materials for fences; No new fences are proposed with this application, and there are no screening requirements that would necessarily require fencing with the exception of the trash receptacles. This criterion is addressed in more detail under landscaping and screening, and mixed solid waste and recycling. 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 preservation plan that will be discussed further in this report. There are no watercourses, habitat areas, drainage areas, or vegetation other than domesticated that will be affected by this proposal. 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 This development is not adjacent to the 100 -year floodplain; therefore, a condition is not necessary. Requiring the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. This development is not adjacent to the 100 -year floodplain, therefore, a condition is not necessary. B. APPLICABLE DEVELOPMENT CODE STANDARDS Site Develo • ment Review — Cha •ter 18.360: e i e l eve opmen ' eview approve s andards 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. Variances and Adjustments — Chapter 18.370: I he applicant has requested an adjustment to the street tree requirements, and an adjustment to reduce the bicycle parking requirement by 50 %. Each adjustment is discussed in detail in the following discussion. Adjustments for street tree requirements are permitted as long as the following criteria are satisfied: If the location of a proposed tree would cause potential problems with existing utility lines; The applicant has requested the adjustment in order to preserve parking that encroaches - into the right -of -way. As discussed elsewhere in this report, staff concurs that these improvements could be delayed until construction of phase 1 B but there are several examples throughout the City where street trees have been planted' despite the presence of overhead utility lines and the City Arborist can recommend varieties of trees that can thrive in this environment. this standard is not satisfied. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 9 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER If the tree would cause visual clearance problems; There is no evidence in the record to suggest that planting the required street trees would interfere with the visual clearance standards. This criterion is not satisfied. Or if there is not adequate space in which to plant street trees. With phase 1A, staff would agree that planting the street trees would eliminate some opportunities for off street parking, however, the applicant has adequate space to enlarge the parking areas on the northeast portion of the site with construction of phase 1 B. Therefore, staff would recommend that the hearings officer apply the requirement for street trees along SW McKenzie at the time that the improvements are made for phase 1 B. FINDING: The proposal does not meet the criterion required to justify the street tree adjustment, and a condition has been recommended later in this report to meet the street tree requirements. The Director may approve a reduction of required bicycle parking per Section 18.765.050.E by means of Type 11 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 is proposing a 49% adjustment to provide for only 18 of the required 35 spaces as dictated by a 700 seat capacity within the main sanctuary. The applicant maintains that St. Anthony's is not a public school, and few of the children that attend live within bicycle range of the school. The Church has also indicated that a large majority of students arrive at the school by auto. The Church states that the current bike parking spaces are seldom used. In an earlier conversation with Tri -Met, Jillian Detweiller, Transit Planner, indicated that she was meeting with the applicant's representative to discuss transit use and incentives. She stated that she would provide comments prior to the hearing. The bicycle parking standards are imposed to meet the needs of the population that is to be served by the facility. The seldom use of the existing spaces, and a regional student base would suggest that the facility does have a lesser need for bicycle parking. FINDING: The church is a regional institution that can be expected to generate a lesser need for bicycle parking, and staff recommends approval of the adjustment. Residential Zoning Districts — Chapter 18.510: The residential zoning district development standards are discussed previously in this report under the Conditional Use standards. It should be noted that Religious Institutions are permitted conditionally in all residential zones. Access Egress and Circulation - Chapter 18.705: Public Access,_ Access: All vehicular access and egress as required in Sections 18.705.030(H) and 18.705.030(1) 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 is surrounded on all four sides by public streets. The site currently has existing access from SW Johnson, SW Grant, and SVV McKenzie streets. This criterion is satisfied. Walkways: 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 flee 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; ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 10 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The proposal involves a two phased expansion of the existing facilities. The applicant has indicated that the site is a campus setting, and the site plan shows the expansion of the existing sidewalk network on site being extended to the new buildings, and to the right -of -way along SW McKenzie. This criterion has been satisfied. Wherever required walkways cross vehicle access driveways or parking Tots, 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; and The walkways have.been identified on the site plan and discussed briefly within the narrative. No proposed walkway is less than 5 -feet in width, and there are no walkways over 33 feet in length that cross traffic aisles. All proposed walkways across traffic aisles will be clearly marked and walkways that cross the accesses have contrasting pavement (Concrete as opposed to AC Pavement). 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 has indicated to staff that the new sidewalks will be constructed of concrete. This criterion has been addressed. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 rovides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with less than 99 parking spaces is one 30- foot -wide access with a 24- foot pavement width. There are several accesses onto the site from SW McKenzie, SW Johnson, and SW Grant. All the accesses meet the minimum dimensional requirements of 30 feet in width with 24 feet of pavement. The new access that is proposed along SW McKenzie does meet the minimum requirements. This standard is satisfied. Access Management (Section 18.705.030.H): Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. Kittelson and Associates submitted a memo, dated November 12, 2002, indicating that there are existing queues generated from the site during AM and PM peak periods, due to . pick -up and drop -off activities. These queues tend to back up onto the adjacent streets: Johnson Street, Grant Avenue and McKenzie Street. Kittelson noted that although these queues exist, they are short in duration and are at predictable times. In addition, the signalized intersection at Walnut Street/99W offers non- school traffic an alternate route. Phase 1A of the St. Anthony project is primarily focused on improvements adjacent to McKenzie Street. One of the features of this phase is the addition of a longer, one -way driveway that can serve as a drop -off location. This will help with any queuing problems on McKenzie. The future Phase 1B will include the addition of a 360 -foot long queuing area onsite that will alleviate queues onto Johnson Street and Grant Avenue. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 11 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has Tess than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be adjacent as far from the intersection as possible. None of the existing driveways are located within the influence area of collector or arterial streets. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. None of the site driveways are along collector or arterial streets. 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 pure uncombinec� water ((steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) 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 r — 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 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. 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, and possible fines until they were brought back into compliance. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 12 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 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 requires 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 applicant is seeking approval of the development as phased construction, and has requested an adjustment to the requirement for street trees along SW McKenzie Street. As discussed previously in this report, staff could not support approval of the adjustment because it failed to meet the approval criterion of the TDC, but would support deferral of the requirement until phase 1B is constructed. Their justification is to preserve parking spaces that are currently being used by the church until the new parking area is constructed with phase 1 B. The Church has requested that the City also allow the planting of street trees along SW Grant and Johnson Street be delayed until such time that phase 1B is constructed. These requests seem sensible as long as some form of financial surety is posted to ensure that the improvements are made with phase 1B. FINDING: The proposal fails to provide street trees as required by TDC Chapter 18.745. The Church has requested that the City allow the street trees to be planted at a future date with future construction. CONDITIONS: • Prior to any site work with phase 1A, the applicant shall provide the City of Tigard with financial assurance for the planting of street trees on all frontages of the development. • Prior to the issuance of any permits on phase 1B, the applicant shall provide the City with a landscaping plan to show compliance with TDC Section 18.745.040 (Street Trees). The revision shall include street trees along the entire frontages of SW Grant Street, SW McKenzie Street, and SW Johnson Street. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. It is the intent of these standards to provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution that a development site may impose on adjacent properties. The proposed use is in a residential zone and abutting residential uses on three sides. The screening standards of TDC Section 18.745.050(E)(1), and the buffering requirements of Table 18.745.1 do not specifically speak to religious facilities because they are permitted conditionally. There is an inherent difference between the uses, however, the facility is separated from those uses by right -of -way, and the code does not require buffering along right -of -way. The southeast corner of the property is adjacent to existing commercial businesses, and there are no requirements for buffering along these areas. The Church has however, provided a landscaping plan to achieve some separation from the commercial uses. This criterion is satisfied. Screening - Special Provisions: Section 18.74.050.E requires the screening of parking and loading areas. Landscaped p arking areas shall include special design features, which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of - one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 13 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has provided a preliminary landscape plan. There are no new parking areas proposed with phase 1A, and the applicant has asked the City to allow the retention of some ' parking areas along the west side of the property that are in the SW McKenzie Street right -of -way until such time that they construct phase 1 B. Again, this seems sensible in order to prevent the removal of landscaping during phase 1B construction, and to allow for the facility to continue to use the parking that encroaches into the right -of -way until the new parking lot is completed. All new parking areas, and the lot that will be revised along SW McKenzie should be brought up to current standards. Therefore, the following conditions are recommended to ensure that the new and revised parking areas brought into compliance with the second phase of construction (Phase 1 B). FINDING: The proposal does not meet the criteria set forth in TDC Section 18.745.050(E)(1)(a.). CONDITIONS: • Prior to the issuance of any site permits of phase 1 B, the applicant shall provide City staff with a revised landscape plan demonstrating compliance with TDC Section 18.745.050 (E)(1) (a). The applicant shall include placement of trees within the interior of any new and revised parking areas throughout the site at a ratio of one tree for every seven p parking spaces and located within islands that are three feet wide and ro vehicular damage by some form of wheel guard or curb. • Prior to the issuance of final occupancy permits for improvements in phase 1A, the applicant shall provide the City with financial assurance for the value of the required landscaping. 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, 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 not indicated which of the 4 methods will be used to demonstrate compliance with this chapter, but has shown an enclosure on the site plan, and provided a fax from Pride Disposal approving the new location. FINDING: The proposal does not specifically detail which option of the four options available within TDC Section 18.755.040 will be used. 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 a public or private street; Exterior storage 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 roposed 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 storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 14 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The site plan shows a trash enclosure on the West side of the gymnasium within the front yard of the facility. The applicant has very few alternatives since all four sides of the institution have frontage on public rights -of -way. Although the location of the proposed facility is not permitted by code, it is apparent that facility placement is limited. The location of the service facility should be further discussed by the Church and with Pride Disposal to ensure that the facility is convenient and secure. This standard has not been 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 not indicated on the site plan what type of screening will be utilized for the refuse container, but has indicated in the narrative that all service facilities will be screened as required. The applicant has not specifically addressed this section and, therefore, has not fully demonstrated compliance. FINDING: Because the applicant has not provided evidence of complete compliance with the Mixed Solid Waste and Recyclables Storage standards, the development criteria of this chapter have not been met. If the applicant complies with the condition listed below, the standards will be met: CONDITION: Prior to the issuance of building permits, the applicant shall provide a narrative detailing which one of the four methods will be chosen for solid waste and recyclable storage. A detail of the enclosure along with any other necessary elements shall be submitted (See Section 18.755.040 (C -F). The applicant shall provide the City with a new location for the facility outside of the front yard of the facility. If a new site cannot be found, the applicant shall seek a variance to the location standards of the TDC. Off - Street Parking and Loading (18.765): Disabled - Accessible Parking: All parking areas shall be rovided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Oregon Uniform Building Code, a parking facility accommodating 201 -300 spaces requires 7 ADA accessible spaces. The existing conditions plan only indicates that there are six spaces available. This criterion has not been met. FINDING: The proposal does not provide the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code. CONDITION: Prior to the issuance of building permits, the applicant shall revise the parkin plan to comply with the Oregon Uniform Building Code and show seven (7) ADA accessible spaces as opposed to the six that are identified on the current site plan. Access Drives: With regard to access to public streets from off - street parking: access drives from the street to off- street arking 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 ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 15 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER the requirements of Chapter, 18.705, Access, Egress and Circulation; 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; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single- family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right -of -way will be required. The applicant has proposed to add an additional access along SW McKenzie Street during phase 1A. The applicant is also proposing to revise an existing access during phase 1B. Both accesses meet the dimensional requirements for access. Pedestrian safety and visual clearance has been addressed elsewhere in this report. 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 along SW McKenzie Street for Phase 1A, and is proposing to revise the loading and unloading area along SW Grant Street with Phase 1 B. Both the access report from Kittleson and Associates, and the City Engineer agree that these two improvements will improve the existing conditions on the site. 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 is not proposing any new parking areas with phase 1A, but has proposed to revise the parking along SW McKenzie, and SW Grant Streets with phase 1B. Any new parking areas and revised parking spaces should be brought into compliance with the current standards. This criterion is not satisfied. Space and Aisle Dimensions: Table 18.765.1. outlines the minimum dimensions for angled parking. The existing parking spaces are marked, and there are no new parking areas proposed with phase 1A. The applicant has indicated in the narrative that the new parking area will be compliant with the dimensional standards of the TDC. Staff is recommending a condition - further in this report to clarify the proposed parking improvements including updating the existing parking areas. This criterion can be satisfied. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION - PAGE 16 OF 27 CUP2002- 00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 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. The TDC requires 1 arkingg space for every 20 seats in the main assembly area. The applicant has indicated that the sanctuary currently seats 700. As with all religious institutions, Tigard determines the required parking based on the seating within the main sanctuary. At a seating capacity of 700, this facility will require 35 bicycle - parking spaces. The applicant has requested a 49% reduction to provide only 18 spaces. This adjustment has been previously addressed in this report. This criterion is satisfied. Minimum Off - Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. The TDC requires that the facility provide 233 parking spaces on site for a seating capacity of 700 within the main sanctuary. According to the applicant, there are currently 249 spaces available for parking including the two accessory parking Tots located across SW McKenzie, and SW Grant Street. Phase 1A would propose not to remove or add any new parking. Phase) B requires the removal of 16 spaces bringing the parking available to 233. The applicant has requested that they be able to retain the eleven spaces that currently encroach into the City right -of way along SW McKenzie until such time as the existing buildings are remodeled or reconstructed. Staff will only support temporary use of these spaces to accommodate construction. Therefore, it is unclear to staff whether or not the facility will be able to meet the parking requirements without these 11 spaces, and the following condition is recommended to ensure compliance. FINDING: Staff cannot be certain that the parking requirements are met at the end of phase 1B construction with the removal of the eleven spaces along SW McKenzie Street. CONDITION: Prior to the issuance of any site permits for phase 1B construction, the applicant shall provide the City with a parking plan that shows compliance with the minimum parking requirements of 233 spaces on site. The plan shall demonstrate compliance with the dimensional and material requirements of TDC Chapter 18.765 for all new and revised parking spaces on site. In the event that phase 1B is not constructed within the approval period of this decision the Church shall abandon the eleven spaces that encroach into the right -of -way along SW McKenzie, and make all necessary improvements to the new and revised parking areas on site to bring them into compliance with the Tigard Development Code. 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: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. Off- street loading dimensions: 1. Each loading berth shall be approved by the City Engineer as to design and location; 2. 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 Tess than twice the overall length of the longest vehicle using the facility site; 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 17 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 4. Screening for off- street loading facilities is required and shall be the same as screening for parking Tots in accordance with Chapter 18.745. Because of the size of the site, the church would be required to provide two (2) off - street loading spaces to meet the standard. The applicant has indicated two loading spaces on the plan that meet the minimum requirements. This criterion is satisfied. 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 plan from a certified arborist that generally describes the trees that are on the project site and their condition. According to the report, there are a total of thirty -nine trees on site over six inches in diameter. Twenty -eight trees are over 12 inches in diameter. According to the report, six of the trees that are over 12 inches in diameter will have to be removed to accommodate construction. According to TDC Section 18.790.030(B)(2)(d), the applicant will have no mitigation requirements. FINDING: The applicant has proposed to retain 79% percent of trees over twelve inches on site and is not subject to any required tree mitigation in accordance with TDC Section 18.790.030. In order to insure the viability of the existing trees and those trees within the area of work, the following conditions shall apply. CONDITIONS: The applicant shall comply with the protection measures prescribed by the City Arborist. 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. There are no proposed structures inside of the vision clearance area, and the applicant has stated in the narrative, that no obstructions will be placed in the visual clearance areas. This standard is satisfied. C. ADDITIONAL SITE DEVELOPMENT REVIEW APPROVAL CRITERIA Section 18.360.090(A)(2) through 18.360.090(A)(15) provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 18 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.3 (Exterior Elevations);); 18.360.090.5 (Privacy and Noise: Multi - family or Group Living Uses); 18.360.090.6 (Private Outdoor Areas: Multi - family Use); 18.360.090.7 (Shared Outdoor Recreation Areas: Multi- family Use); 18.360.090.8 (100 -year floodplain) and 18.360.090.9 (Demarcation of Spaces). The following sections were discussed previously in this decision and, therefore, will not be addressed in this section: 18.360.090.13 (Parking); 18.360.090.12 (Landscaping); 18.360.090.13 (Drainage); and 18.360.090.14 (Provision for the Disabled); 18.360.090 15 (Provisions of the underlying zone). Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards: As discussed in this report, all applicable sections have been addressed and where the proposal is deficient, staff has recommended conditions to ensure compliance. Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees, topography and natural i drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire - fighting; and oriented with consideration for sun and wind. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant has proposed tree removal that has been addressed elsewhere in this report, and the site has already been developed to the point that there are no extraordinary physical or natural restraints that would dictate the placement of the new building and the proposed addition. No buildings or structures are proposed that will hinder air circulation, or prevent fire - fighting apparatus from performing their jobs. This criterion has been met. Buffering, screening, and compatibility between adjoining uses: Buffering shall be provided between different types of land uses and decreased noise levels, air pollution, visual barrier, on site screening of service areas, storage areas, parking lots, and mechanical devices on roof tops shall be considered in determining the intensity of the buffer or screen. As discussed previously in this report the site is separated from residential uses by right -of -way along SW Grant, SW McKenzie, and SW Johnson Streets. There are no requirements to provide any buffers or screening aside from the required landscaping and screening that have been discussed previously in this report. This criterion is satisfied. Crime Prevention and Safety: • Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; • Interior laundry and service areas shall be located in a way that they can be observed by others; • Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; • The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and . • Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet, which is sufficient to illuminate a person. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 19 OF 27 CUP2002- 00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The City of Tigard Police Department has reviewed this project and has not indicated concern or objection with the proposal. To ensure that the plan addresses crime prevention concerns, the applicant has provided information within the narrative to indicate that they will add two new lights to the loading area by the gymnasium and has proposed to provide wall mounted exterior lighting on all four sides of the new gymnasium. The applicant has indicated that they will be providing the same type of lighting with phase 1B construction. The applicant did not specifically detail the lighting for phase 1 B. The primary concerns related to lighting are to provide security, and to protect adjacent neighbors from nuisance lighting. The crime prevention standards have not been fully met. FINDING: The proposal fails to address lighting as required by the TDC Section 18.360.090(10) for phase 1B. CONDITION: Prior to issuing building permits for either phase, the applicant shall submit a detailed lighting plan that shows no projection off site and complies with crime prevention requirements of the TDC Section 18.360.090(10). Public Transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; the requirements for transit facilities shall be based on: the location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri -Met review: bus stop shelters; turnouts for buses; and connecting paths to the shelters. The applicant is seeking an adjustment to the parking standards, and is actively working with Tri -Met to ensure that their needs are fully met. This criterion is satisfied. 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 aportion 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 a neighborhood route street to have a 54 -foot right -of -way width and 32 -foot 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 Johnson Street, Grant Avenue and McKenzie Street. Johnson Street and Grant Avenue are both classified as neighborhood routes on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW along the majority of Johnson Street and 30 feet along the entire length of Grant Avenue, according to the most recent tax assessor's map. The existing ROW widths are adequate given the location of the existing school building near the intersection of Johnson Street/99W. Additional ROW is needed at the intersections of Grant Avenue /Johnson Street (30 -foot radius) and at Grant Avenue /McKenzie Street (25 -foot radius). These dedications should be completed prior to issuance of the site permit. Grant Avenue is fully improved and there are no improvements needed to support Phase 1A. When Phase 1B is developed, street trees can be added as necessary to meet City standards. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 20 OF 27 CUP2002- 00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Johnson Street is partially improved at this time, but not fully improved to City standards. The realignment of the proposed parking area in front of the proposed community center will require the access along SW Johnson to be revised. While alleviating some of the queuing problems that presently occur, the revision will require that the access be brought to current city standards. According to TDC18.810.030(A)(3), "no development shall occur unless streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards, but half- street improvements meeting the standards of this title are constructed adjacent to the development.' In this particular instance, the City has made the necessary paved improvements to the street, but has not made the curb, sidewalk, and street tree improvements along 320 feet of SW Johnson. As a part of Phase 1 B, these improvements must be completed to meet City standards. McKenzie Street is classified as a local residential street and operates as a one -way roadway. The primary traffic on this roadway is for school traffic. Vehicles travel in a westerly direction from 99W. The roadway is fully improved except for street trees. The applicant has requested an adjustment to the street tree requirement to allow planting of street trees along the south side of McKenzie Street and along the east side of Grant Avenue adjacent to the existing parking lot at that location. The reason for the adjustment is to preserve some existing onsite parking spaces on the church site until such time that more parking spaces are added in the future phase. 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. Private streets and industrial streets shall have sidewalks on at least one side. There is existing sidewalks along both Grant Avenue and McKenzie Street. Sidewalk will be added to Johnson Street as a part of Phase 1B. 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 8 -inch public sewer line in Johnson Street that has ample capacity to serve this development. The applicant's plan shows that the sewer from the addition will be routed via a new onsite line that will connect to the public line in Johnson Street. A public facility improvement (PFI) is needed for the work in the ROW of Johnson Street. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. 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 existing upstream drainage areas that affect this site. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 21 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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. All stormwater from the new phase will be conveyed through an onsite detention facility and a water quality facility and will discharge into the existing public storm system in Johnson Street. Preliminary sizing calculations for the onsite detention system were submitted. The current design includes oversize pipe, but the engineer notes that they may opt to enlarge the water quality swale area to facilitate a combination detention /water quality facility. Either option is acceptable. 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. None of the abutting streets are designated as bicycle facilities. 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 facilitiesi • 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. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 22 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There are existing overhead utility lines along the frontage of SW Johnson Street, Grant Avenue and McKenzie Street. The overhead lines along McKenzie Street directly serve this phase. The applicant asked for an adjustment to allow payment of a fee in -lieu. However, an adjustment is not necessary, as the decision for undergrounding or payment of the fee has been made. The City will allow payment of the fee based on the fact that McKenzie Street is improved now and it would be impractical to require the applicant to place the overhead lines underground. The fee in -lieu of undergrounding is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage of McKenzie Street along this site is 470 lineal feet; therefore the fee would be $12,925.00. It should be noted that when Phase 1B, and any other future phases, are constructed, additional requirements under this section may be imposed if service to those phases come from the overhead lines from Grant Avenue or Johnson Street. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: The Kittelson report, mentioned previously, stated that this addition will result in an approximate addition of 50 new students. With the existing carpool ratio for the school, this will equate to approximately 35 additional vehicles during the AM and PM pick -up /drop -off periods. As was stated previously, the onsite queuing area flagged for Phase 1B will alleviate any backups onto Johnson Street and Grant Avenue. The proposed entry adjacent to McKenzie Street will help alleviate queues at that location. Public Water System: This site is served by existing lines within the City of Tigard water service area. The new phase will be served from the existing 6 -inch main line in McKenzie Street. The final design of the tap and backflow configuration must be reviewed and approved by the Engineering and Public Works departments. This will be reviewed as a part of the PFI permit process. 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. The applicant's plans show a biofiltration swale will be located near the northwest corner of the site. This swale will be designed and constructed to accommodate the flows from this phase and all future phases. 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. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 23 OF 27 CUP2002- 00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 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. A final grading and erosion control plan will be reviewed by the Building Division as a part of the site permit process. 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). An addressing fee in the amount of $ 30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. For this project, a separate address must be assigned to the gymnasium in Phase 1A. Therefore, the addressing fee will be $30.00. For the future Phase 1B, a separate address must be assigned to the community center. An additional $30 charge will be assessed for that building. E. 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 the entire project including phase 1B is estimated at $20,974. ($0 for the gymnasium, $15,875 for the Community Center, and $5,099 for the school expansion) These numbers increase by 6% annually. 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 transportation system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June 1995): $20,974 divided by .32 equals $65,543.75. ($20,974 is theTIF assessment according to the Washington County TIF ordinance effective July 1, 2002). Less mitigated costs The applicant is required to dedicate additional right -of -way at the intersections of Grant Avenue /Johnson Street (160 square feet) and at Grant Avenue /McKenzie Street (235 square feet) to bring the right -of -way radii to an approved standard. The estimated value of the dedication is three dollars a square foot for a total value of $1,185. The applicant is also required to complete the installation of curb, sidewalk, and street tree improvements along SW Johnson Street along with phase 1 B. The City has already made the necessary paved improvements. At an approximate cost of $100 per lineal foot the improvements are valued at $32,000. ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 24 OF 27 CUP2002 -00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Estimate of Unmitigated Impacts Full Impact $65,543.75 Less TIF Assessment $ 20,974 Less Mitigated Costs 33,185 Estimate of Unmitigated Impacts 11,384.75 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 VIII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposal and expressed no concerns or objections. The applicant should coordinate with the Building Division prior to construction. 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 Arborist was sent this proposal and offered the following comments and recommendations: • All trees on the neighboring properties must receive the same protection guidelines as the trees on the applicant's site. • If the tree protection guidelines outlined in the conditions of approval are not followed, moved after being approved in the field, knocked down during construction or are removed prior to the end of construction the project will be: 4- Immediately shut down until the fencing is reinstalled according to the conditions of approval. Corrective action will taken by the applicant to address the damage done to the Critical Root Zones of each tree. Corrective action may include, but not limited to, loosening compacted soil, replacing graded soil or removing filled soil. 4 - A fine of$250.00 per day shall be assessed to the applicant for each day that the fencing is down. The City of Tigard Operations Utility Manager has reviewed this application and has indicated that all utility work should be coordinated with the City. 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. SECTION IX. AGENCY COMMENTS Clean Water Services has reviewed the proposal and expressed no concerns or objections. Tualatin Valley Fire and Rescue has reviewed this application and has provided the following comments: 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 25 OF 27 CUP2002- 00006/VAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 2) ACCESS ROADS ADJACENT TO BUILDINGS: Access roadways shall not be closer than 20 feet to a structure unless topographical restrictions dictate the location. (UFC Sec. 902.2.1) 3) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec. 902.2.1 Exception 1) 4) PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red or black on yellow background. (UFC Sec. 901.4.5.2) 5) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3) 6) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants. (UFC Sec. 903.4.2.1) 7) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1) Considerations for placing fire hydrants shall be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants; however, hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. • Hydrants that are separated from the subject building by divided highway, freeway, or heavily traveled collector streets shall not contribute to the required number of hydrants. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Chief. • Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. Exception: The use of hydrants located on other private property may be considered if their locations and access are encumbered in a legal document (such as deed restriction) by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. • When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s) to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1) 8) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 9) REFLECTIVE HYDRANT MARKERS: 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 road way 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) ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 26 OF 27 CUP2002 -00006NAR2002 -00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 10) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 11) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (UFC Sec. 902.4) http://www.tvfr.com/Departments/FireMarshal/newconstruction.htm Verizon, Tri -Met and ODOT were given the opportunity to review this proposal and submitted no comments or objections. / X47 4 February 12, 2003 PRE - ARED BY. Brad Kilby DATE Associate Planner C .. ' - IP IN February 12, 2003 APPROVED BY: ' ichard Bewers• • • DATE Planning Manager ST. ANTHONY'S CATHOLIC CHURCH EXPANSION PAGE 27 OF 27 CUP2002 -00006NAR2002- 00043NAR2002 -00044 2/19/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • c" I_-� -" CITY of T,' •' • RD - 4 tum � ■ , 1 , I GEOGRAPHIC INFO . SYSTEM ii 47 '� ,, VICINITY MAP ♦ ♦ ♦ 4 ♦ •1� � CUP2002 -00006 * 6 , oy , VAR2002 -00043 VAR2002 -00044 � .41r �° 6'' � G k ST. ANTHONY'S A I � 4117 ♦� s'1/4 CHURCH EXPANSION ,y„. - )0 1 *** 4$3' .,,, ■•• � � f 6PPY �. � �`. "a ♦ \,,, r 4,,,,,, os,.--..„,,,,,:„. • #4. 44 BE EF Ar BEND 0. 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