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CUP2004-00002 Decision - ST ANTHONY STORAGE FACILITY
120 DAYS = 7/15/2004 CITY OF TIGARD DATE OF FILING: 6/1/2004 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) 2004 - 00002 DEVELOPMENT ADJUSTMENT (VAR) 2004 -00014 DEVELOPMENT ADJUSTMENT (VAR) 2004 -00015 DEVELOPMENT ADJUSTMENT (VAR) 2004 -00016 DEVELOPMENT ADJUSTMENT (VAR) 2004 -00017 Case Name: ST. ANTHONY'S PARISH STORAGE BUILDING FOR ST. VINCENT DE PAUL SOCIETY Name of Owner: Roman Catholic Archbishop of Portland in Oregon Name of Applicant: Same Address of Applicant: 2838 E. Burnside Portland, Oregon 97214 Address of Property: 12630 SW Grant Avenue Tigard, Oregon 97223 Tax Map /Lot Nos.: Washington Co. Tax Assessor's Map No. 2S102BD, Tax Lot 800. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND FOUR (4) ADJUSTMENTS.. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON MAY 10, 2004 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant is requesting Conditional Use approval to construct a 1,000 square foot, single -story storage building on a half -acre lot that is currently being used for parking. The applicant is also seeking approval of four (4) Adjustments to reduce the rear yard setback from 15 to 12 feet, to reduce the minimum landscaping requirement from 20% to 15 %, to reduce the buffer width between the proposed use and adjacent uses, and to adjust the right -of -way requirements on SW McKenzie Street. At the close of the record, the Hearings Officer conditionally approved all applications subject to the conditions of approval within this final order. Zone: R -12: Medium - Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 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: © Owners of Record Within the Required Distance © Affected Government Agencies © Area Citizen Involvement Team © The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division /Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON JUNE 1, 2004 AND BECOMES EFFECTIVE ON JUNE 16, 2004 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 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with tie required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 15, 2004. 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 ) FINAL ORDER for a conditional use permit and four variances ) CUP 2004 -00002 (adjustments) for an accessory storage building at ) VAR 2004 -0014 to -0017 12630 SW Grant Avenue in the City of Tigard, Oregon ) (St. Anthony Storage Bldg) A. SUMMARY 1. The applicant, Roman Catholic Archbishop of Portland represented by St. Anthony's Parish Priest Leslie Sieg and Architect Robert Klas, requests approval of a conditional use permit (CUP) and related adjustments for a major modification to an existing church, school and accessory uses. 2. The site is Tax Lot 800 (WCTM 2S102BD). The site is the southwest quadrant of the intersection of McKenzie Street and Grant Avenue.' The site contains 0.48 acre (21,018 square feet). It is zoned R -12 (Medium Density Residential). It is developed with a parking lot containing 52 spaces and landscaping. There is one access driveway onto McKenzie Street about 30 feet from the east property line, and one access driveway onto Grant Street about 25 feet from the south property line. 3. The applicant now proposes to replace six parking spaces on the site with a 1000 - square foot, one -story storage building to be used for collection of donated goods by St. Vincent Depaul. St. Vincent Depaul personnel will collect donations from vehicles one -at -a -time on weekdays only. The applicant also will extend a paved pedestrian pathway from the storage building east and north to the existing sidewalk along McKenzie Street and will enhance the landscaping on the remainder of the site. 4. The applicant also requests approval of several adjustments and one variance. The applicant proposes a three -foot adjustment to the 15 -foot rear yard setback requirement and a five - percent adjustment to the minimum twenty - percent landscape area requirement. The applicant also proposes a five -foot adjustment to the ten -foot interior side yard requirement and a one -foot variance to the six -foot buffer requirement on the south side of the storage building. The applicant also proposes an adjustment to the street width and improvement standards for McKenzie Street and to the timing of improvements. 5. City hearings officer Larry Epstein (the "hearings officer ") held a duly noticed public hearing regarding the application. City staff recommended that the hearings officer approve the CUP and all but one of the adjustments and variance. Father Sieg and Mr. Klas testified for the applicant and accepted the findings and conditions of approvals The applicant owns other parcels north of McKenzie Street and west of Grant Street on which it has developed and is redeveloping a church, schools, a convent and related activities. 2 According to the Washington County Assessor's Map, the site contains .44 acres (19,166 square feet). recommended by City staff with certain exceptions and clarifications. 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 described more herein. 6. For the reasons stated herein, the hearings officer approves the conditional use permit for the storage building and related adjustments and variance, 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 May 10, 2004. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planning manager Dick Bewersdorff summarized the Staff Report to the Hearings Officer dated May 3, 2004 (the "Staff Report"). 3. Robert Klas and Father Sieg testified for the applicant. a. Mr. Klas discussed where the storage structure will be situated. It will be five feet from the side (south) property line. Tigard Community Development Code ( "CDC ") Table 18.510.2 does not contain a setback standard for an accessory structure. It contains a setback for single - family homes and for multi - family homes. Mr. Klas argued that the proposed structure should be treated as a single— family home for purposes of the side yard setback. The hearings officer agreed, given the small size of the structure. proposed condition of approval 1, he testified that the b. Regarding p p pp , applicant will improve a pedestrian route to the sidewalk that is grade- separated from the parking lot portion of the site, as illustrated on the exhibit submitted at the hearing. The exhibit also shows that there are no obstructions to sight distance at the driveways, which addresses condition of approval 7. He testified that the applicant agrees to recommended conditions of approval 2 and 3, although the pine trees discussed in the Staff Report are well off the property and separated from the site by a five -foot high cedar fence. The applicant will work with an arborist to ensure those trees are protected from development. He said the applicant will comply with conditions of approval 4 and 5 to the extent necessary. There is sanitary service in Grant Street, and water and electric service in McKenzie Street, which is all the applicant plans to affect in the right of way. Regarding proposed condition of approval 8, Mr. Klas testified the applicant will dedicate right of way for Grant Street as shown on the preliminary plans. c. Regarding condition of approval 9, the applicant wants to defer dedication and improvement of the south half of McKenzie Street until the north half of CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 2 the street is dedicated and improved in conjunction with the development of the second phase of the redevelopment plan approved in CUP 2002 - 00004. The applicant wants approval to use a "skinny street" standard for McKenzie Street, with a 25 -foot half -width (to conform to the north half -width of the street required in CUP 2002 - 00004). CDC Figure 18.810.4 allows use of a skinny street with a 50 -foot right of way for streets carrying fewer than 1500 vehicles per day (VPD). He introduced an exhibit from a traffic engineer showing that the street carries fewer than 700 VPD. (See Appendix A of the May 4, 2004 memorandum from Judith Gray to Kim McMillan.) He argued that the street serves single- family homes, too. He testified that the applicant will sign an agreement with the City to make future improvements consistent with the skinny street standard and requested that the hearings officer modify condition of approval 10 to allow it. He noted the need to coordinate sidewalk and planting strips to be consistent. He argued that the existing sidewalk and curb are in good condition, and it would be inefficient to require the sidewalk to be rebuilt, and would be disproportionate given that the proposed structure merely shifts the St. Vincent Depaul activity to the subject site from a location to the north more interior to the church properties. The result effectively causes no additional traffic. He argued that the conditions of approval are unclear, and asked the hearings officer to clarify what street improvements the applicant would be required to provide. d. Father Sieg testified that the applicant improved part of the north half of McKenzie Street in conjunction with phase Ia of the approved redevelopment plan for church land to the north. That side of the street has a curb -tight sidewalk. He argued that the existing sidewalks on the Grant and McKenzie Street frontages are nonconforming improvements, and the City should not require the applicant to rebuild them as a condition of this project. He waived the applicant's right to submit a closing written argument. 4. Mr. Bewersdorff agreed that McKenzie Street qualifies for the skinny street standard, based on the new evidence in the record. 5. The hearings officer closed the record at the end of the hearing. He announced an intention to approve the application for the conditional use permit, to approve the variances and adjustments, subject generally to the conditions of approval the City staff recommended with amendments warranted by the discussion. C. DISCUSSION 1. City staff provided basic facts about the site and its vicinity and existing and proposed uses in the Staff Report. Ultimately they recommended that the hearings officer approve the application for the conditional use permit and the adjustments and variance, including the use of a skinny street standard. The applicant accepted most of the findings and recommended conditions with the exceptions described more below. Except to the extent the Staff Report is inconsistent with this final order, the hearings officer adopts as his own the findings and conclusions in the Staff Report. CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 3 2. Regarding the conditional use permit, substantial evidence in the record shows that the proposed use does or can comply with the applicable standards for a conditional use permit. That evidence and those findings were not rebutted. The hearings officer relies on the Staff Report for relevant findings and citation to supporting evidence on these issues. 3. Regarding the adjustments and variance supported by City staff, the hearings officer agrees that substantial evidence in the record supports the necessary findings that those adjustments and variances comply with applicable CDC approval standards. That evidence and those findings were not rebutted. The hearings officer relies on the Staff Report for relevant findings and citation to supporting evidence on these issues. The hearings officer also construes CDC Table 18.510.2 to apply the side yard setback for a single family detached dwelling to the structure in this case, so that the proposed five -foot setback complies with that table. 4. In the Staff Report, City staff recommended that the hearings officer deny the adjustment to street improvement requirements or to allow use of a skinny street standard, because the applicant failed to sustain the burden of proof. At the hearing City staff concluded that use of skinny street standards should be allowed, based on new evidence and argument submitted at and shortly before the hearing. The hearings officer relies on the findings in the May 4 memorandum from Judith Gray to Kim McMillan and the evidence cited therein to conclude that McKenzie Street should be dedicated and improved to skinny street standards consistent with CDC Figure 18.81O.4.B. Reference to the figure clarifies what improvements the applicant is required to make, except that the planting strip is not required, and the sidewalk can be curb - tight. 5. The CDC clearly requires the applicant to dedicate and improve half -width rights of way adjoining the site as a condition of approval to the extent that it is proportionate to the impact of the proposed development. The CDC also clearly allows adjustments to the street improvement standards, but not to dedication requirements. In 3 CDC 18.810.030.A(3) and (4) provide as follows: (3) No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half - street improvements meeting the standards of this title are constructed adjacent to the development. (4) Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; But CDC 18.810.020.A provides as follows in relevant part: ... Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. Also CDC 18.810.030.A(7) provides as follows in relevant part: The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development... 4 CDC 18.810.020.D provides as follows: CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 4 this case, the application has little impact on the need for sidewalks, because the activity proposed for the storage building, i.e., receiving donations for St. Vincent Depaul, already exists elsewhere on the site. In light of that and CDC 18.810.07O.C, the hearings officer finds that the applicant should not be required to rebuild the sidewalks abutting the McKenzie or Grant Street frontages of the site to provide planter strips between the sidewalk and the curb. 6. The applicant also proposed to defer dedication and improvement of McKenzie Street (to the extent dedication and improvements are required in light of the foregoing finding). The hearings officer understands that some additional improvement of McKenzie Street might be required. The hearings officer also understands that there might be efficiencies or other merits to deferring construction of additional needed improvements to McKenzie Street until Phase lb of the church redevelopment plan. The CDC allows deferring improvements but not dedications. Therefore dedication of a minimum 25 -foot half -width cannot be deferred. Without deciding the issue, the hearings officer acknowledges that it might be appropriate to defer street trees (or other improvements) on the south half -width of the street so that both sides of the street are improved at one time. Therefore the hearings officer finds that authority should be delegated to the City Engineer to defer frontage improvements consistent with CDC 18.810.020.D. If the City Engineer defers improvements, the applicant should be required to enter into an appropriate agreement to complete the improvements when timely. See conditions 6 and 10. 7. To the extent that the Staff Report is unclear about where the pine trees are situated east of the parking lot, the hearings officer finds that they are separated from the site by a five -foot high cedar fence and several feet. The CDC requires the applicant to protect the trees, and a reasoned plan such as that required by condition of approval 2 is warranted for that purpose. The distance between development and the trees will minimize potential impacts if grading and compaction do not occur in the root zone of the trees. Adjustments to the provisions in this chapter related to street improvements may be granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9 5 CDC 18.810.070.0 provides as follows in relevant part: A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: ... the curbside sidewalks already exist on predominant portions of the street... 6 CDC 18.810.030.A(5) provides as follows in relevant part: If the City could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: (f) Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. The hearings officer deferred street tree requirements on the north side of McKenzie Street as part of the decision in CUP 2002 - 00004. CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 5 8. Recommended conditions of approval should be construed consistent with the discussion above and the testimony at the hearing and should be amended as necessary. For instance, condition of approval 1 should be amended to reflect introduction and adequacy of the pedestrian path to the building and to require the applicant to submit and implement (or guarantee) a proposed landscaping plan for the site. Condition of approval 9 should be amended to reflect skinny street standards. Condition of approval 10 should be amended to be consistent with condition 6 by allowing the applicant to enter into an agreement to make street improvements in the future. D. CONCLUSIONS The hearings officer concludes that the proposed conditional use permit, adjustments and variance 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. E. DECISION The hearings officer hereby approves CUP 2004 -00002 (St. Anthony Storage Building), and associated adjustments and variance identified as VAR 2004 -00014 to — 00017 as described herein, subject to the conditions of approval in the Staff Report with the following amendments: 1. Condition of approval 1 is hereby amended to read as follows: The applicant shall provide a pedestrian walkway from the storage building entry to the public sidewalk along McKenzie Street. The walkway shall be four feet wide, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks and signposts, and shall comply with ADA standards. The walkway shall be separated from maneuvering and parking spaces by a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation. The plan the applicant submitted at the hearing is one acceptable way of complying with this condition of approval. The applicant also shall submit and implement (or guarantee implementation of) a proposed landscape enhancement plan for the site. 2. Condition of approval 9 is hereby amended to read as follows: Prior to issuance of a building permit, the applicant shall dedicate additional right of way along the McKenzie Street frontage to provide 25 feet total from centerline. 3. Condition of approval 10 is hereby amended to read as follows: CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 6 Prior to a final building inspection, the applicant shall either: (a) complete the required public improvements, obtain conditional acceptance from the City, and provide a one -year maintenance assurance for said improvements, or (b) enter into an agreement acceptable to the City to undertake improvements in the future. DATED this 1st da of June, 2004. o Larry Epstein, Esq., AICP City of Tigard Land Use Hearings Officer CUP 2004 -00002 and VAR 2002 -00014 to -00017 Hearings Officer Final Order (St. Anthony's storage building) Page 7 Agenda Item: 2.1 Hearing Date: May 10 2 004 i. < .. ti ., ,�:•N- :.`�"''- % .«' ,.'YxB" -;�,5 '.;a: %: 9 ' ...r , s<'s`M .,= a w;;;a r . k .,� �, ` ST AF , RE 19, ® THE � M , " %± x,�h'+i, \', ,:.k §y. >;ea. °k ,''6 l:�, :;SL c�2 _ ka `- e ,,, _ s -' Il G/'"' ivi ni O �s E R _ , OF TIGARD s " &us � *.� � -44*'';'' �;''€ ; F • - - �, - a � e a s �tiitiratt ev e � e t'S�'6r " '. -' , ; ' 'm. .t? '•' ' " , - r : ' . ;4 ='1' z'''''' a - �, R D " " . x • r . s �� '<:�: rnega �' 4,w �� � d 04 choil N E C�1w TlGARD G1R N ° � e = =e � c m ,4,,,c �- -- ..., ,„ ,,,, ' - =aka., -., - .ms ow � _ . - as _. , ,� es v s,�e. s , . -,z s. - _ , 120 DAYS = 7/15/2004 SECTION I. APPLICATION SUMMARY FILE NAME: ST. ANTHONY'S PARISH STORAGE BUILDING CASE NOS: Conditional Use Perm (CUP) CUP2004 -00002 Adjustment VAR VAR2004 -00014 Adjustment VAR VAR2004 -00015 Adjustment VAR VAR2004 -00016 Adjustment VAR VAR2004 -00017 APPLICANT/ Roman Catholic Archbishop APPLICANT'S Robert Klas, Architect OWNER: of Portland in Oregon REPRESENTATIVE: 13283 SW Scottsbridge Dr. 2838 E. Burnside Tigard, OR 97223 Portland, OR 97214 PROPOSAL: The applicant is requesting Conditional Use approval to construct a 1,000 square foot, si ngle -story storage building on a half -acre lot that is currently being used parking. to redu e The he a re pa is also seeking approval of four (4) Adjustments c ter yard setback from 15 to 12 feet, to reduce the minimum landscaping requirement from 20% to 15 %, to reduce the buffer width between the proposed use and adjacent uses, and to adjust the right -of -way requirements on SW McKenzie Street. LOCATION: 12630 SW Grant Avenue; WCTM 2S102BD, Tax Lot 800. COMPREHENSIVE PLAN and ZONING DESIGNATION: R -12, Medium - Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 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 z .�< a :. ? "^- , "; ' %;` . •r`�t .. - ,, ,,A ' ,14` «. .ate.y0 w� - �* z =�� --- '.a. - s` �°'a,�, p� - o d ra, Id, M S aff�vveu = ®refe. t,,.reco m preval H = whte hem &,,,, ofF #he.:rec r p v es.: ba for ak in ga%iative� findings,, :fie :a 'apbcat a otdfindingsth- de jno�n 5 strate ow th e ; pro p o sea projen t n e ets. all s ;ee t r im o rov min re uireme t The ae o o r ,, a:� ^-. ,34 "� 7 . i : �x.> :%„ ,.:' a . :§r"+,. , =r ' ,z�. • t.. i' =? - � t - . .,. . �s ° , rt "e(('''� x- ire �' that�all ' ro ecfs m ee t tte atand T e a a na etc it [ �� i m e, s no 'ustiftcatio >t for `M glfa aY gs* q7-f .,t ,°s ;�£?. � N s._ ": "3 T� » r a x � __- _ cs t radtustinentjto�SW ;z � cKenzie Street Unless ah applica , . tdicates -t e. ll „ : he star tis�or tust►fe f ad j t: e:i i to`gt e satisfactlbn�` 'fh0-' , eai�ings Icer,, w ertn =e coi /mend ap ro�vl : ,:„.,,,I. ll a her adtustments arA nd to g m eet approva� standards ` : -A itk- are it id " shoUl a . ° ust at iiin satlsfac o�` " t the=� in s �Glffic �r = r , Condi i®nsdofr , : g ,:w�... , � ,1 - :. l,� -. .1,t a . ,„, „ „:>:_ - ' .,• ,�. ; , =,, be a f m � 'u ., _ ,,„ .,; S�:u,. „,, g_ Tim -:? aag� ant -kgg, 4.,..--e, . ...K,. x:.'35 v� - ; w.,_' . a! . .;. � r� _ - _. � - f . a,,, ,.. .. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 1 OF 20 CUP2004 00002NAR2004- 00014 00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER J • CONDITIONS OF APPROVAL TH O " WING.CONC9TIONSSHAL A BE0SATISFIED^ y s PRIOR RTO ISSUANCE OF THE A( DIOI B )I -DING PE' MITSs .w.,t - .s �. e 'at .`.",.: t, , +.- `: �. s .. 3a... Submit to the Planning Department (Brad Kilby, 639 -4171, ext. 2434) for review and approval: 1. The applicant shall provide a revised access plan that provides a safe pedestrian walkway extending from the entrance of the building to SW McKenzie Street. The walkway shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and signposts, and shall be in compliance with ADA standards. The walkway 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. 2. Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. 3. 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. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 4. Prior to commencing onsite improvements, Public Facility Improvement (PFI) permit is required for this project to cover the street work in Grant Avenue and McKenzie Street and any other work in the public right -of -way (ROW). 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). 5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity w mill be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. The applicant shall submit plans for half- street improvements along Grant Avenue and McKenzie Street or enter into an agreement for future street improvements. 7. The applicant's engineer shall provide sight- distance certification for both access points. 8. Prior to issuance of a building permit, the applicant shall dedicate additional right -of- way along their frontage on Grant Avenue to provide 27 feet total from centerline. 9. Prior to issuance of a building permit, the applicant shall dedicate additional right -of -way along their frontage on McKenzie Street to provide 27 feet total from centerline. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 2 OF 20 CUP2004- 00002NAR200400014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER ir � „'�” "ags�:S ".: ._.. ,.,,; •i'," �;.s',. :=�:�pr.�,= aya,�,.y:*^;" .. -i.:° .�.s:: -»^,� -x; 3�"r'���< ;,d e;,rt�� -, ,.fi �.'�t>: .`::,: .�.., .a'° .s. "�ss�':,,, `�s � ;- : ;rig. - �..t�r,�, �:,'s�A:,', 4;'h " �THE�f0LLO11ViI�G��C` ONDtT10NS�S1 =t�4LL�BESAT "� :��. ��� i r � � `,�,, PRI,ORTO A. F. I =B:UILDING,IN:SPE;-C^TI - �., �z _ ,8- oaY�,.� 6 s „�, ..a v, ��..rr..sn„�.r.�w ..tt.c�;.... ., - _ .. - �:"<- �, ..r .�::«,a,: <�s•., , -�-..< '�u"Z "- .. c,,r� Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 10. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one -year maintenance assurance for said improvements. 11. Prior to final building inspection, the applicant shall provide the City with as -built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as- builts in "DWG" format, if available; otherwise "DXF” will be acceptable, and 3) the as- built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). v TO FAILURE SATISFY THE A , PROV/A . WITHIN _ : ' 18 NTH, -F OF THE EFFECTIVE DATE OFFT�HE HEARINGSOiFFICER =S DECISION SHALL RENDER THE HEARING OFFIC DECISION, VOID - „r„ - .: -.�:r; - SECTION III. BACKGROUND INFORMATION . Site History: St. Anthony's Catholic Church has occupied the neighboring property for quite some time. - The site currently serves as a parking lot for the church, and there are no land use cases associated with this site within the City of Tigard data bases. 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, small businesses, and the St. Anthony's Church campus. Site Information and Proposal Description: The site is currently developed as a parking facility for the adjacent church campus. The applicant is requesting Conditional Use approval to construct a 1,000 square foot, single -story storage building on a half -acre lot that is currently being used for parking. The applicant is also seeking approval of four (4) Adjustments to reduce the rear yard setback from 15 to 12 feet, to reduce the minimum landscaping requirement from 20% to 15 %, to reduce the buffer width between the proposed use and adjacent uses, and to adjust the right -of -way requirements on SW McKenzie Street. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to place a 1,000 square foot single =storryy storage facility for the purpose of distributing food. The storage facility is operated by St. Vincent Depaul under the supervision of the Church, and is considered by the City to be a Social /Fraternal use. Social /Fraternal uses are defined as non - profit organizations with social, philanthropic functions and activities. Social /Fraternal uses are permitted conditionally within the R -12 zoning district. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 3 OF 20 CUP2004 -00002NAR2004- 00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 Conditional Use permit is a Type III -HO decision. The proposed adjustments are subject to a Type II administrative decision. 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. • • licable Develo • ment Code Standards on • I Iona U ses 18.360 Site Development Review) 18.370 Variances and Adjustments) 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 4 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 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 21,018 square feet 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 storage facility. 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 R-4.5 zoning district, but is surrounded by a mixture of multi and single - family residences. The site is suitable for the proposed use. 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 social /fraternal uses are specified in the Conditional Use Standards of Section 18.330.050.B.12 and the dimensions proposed for this development. � '' + R,�92� CONDtT10 USES N P OPO.SEmm . i. . wREQ.`.]t3EMEMilf, . Minimum Lot Size 3,050 sq. ft. 20,000 sq. ft 21,018 sq. ft Minimum Lot Width n/a SAME AS R -12 92 ft Minimum Setbacks Front yard 20 ft SAME AS R -12 173 ft. Grant St. Side facing street on corner & through lots 20 ft SAME AS R -12 47 ft to McKenzie St. Side yard 10 ft SAME AS R -12 5 ft Rear yard 20 ft SAME AS R -12 12 ft Maximum Height 35 ft. SAME AS R -12 Approximately 12.6 ft Maximum Site Coverage [2] 80% SAME AS R -12 85% [2] Minimum Landscape Requirement 20% SAME AS R -12 15% [2] Includes all buildings and impervious surfaces. The application fails to meet the dimensional requirements of the underlying zone for maximum site coverage, and minimum landscape requirement. However, the applicant has requested an adjustment to these standards. The adjustment is addressed later in this report. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community 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; 18.745 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 1-8.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 5 OF 20 CUP2004 -00002NAR2004-00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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, Home Occupations;_ 18.750, Manufactured /Mobile Home Regulations; 18.760 Nonconforming Situations; 18.775, Sensitive Lands; 18.780, Temporary Uses; and 18.7'98, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, and the conditions imposed on the development, the General Approval Criteria for a Conditional Use can be satisfied. Additional Conditions of Approval for Conditional Use. section 1 U.330.U3U.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; According to the applicant, the facility distributes food to the needy only on weekdays. A search of the City s code enforcement records shows no complaints against the existing operations of the facility on the church campus. 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. 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 applicant has requested an adjustment to the rear yard setback. That adjustment is discussed in detail later in this report. Staff finds no justification to increase the lot area, lot depth, or width for this use. 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 rear yard setback along the southern property line. An adjustment to this standard is discussed in detail later in this report. Designating the size, number, location and/or design of vehicle access points; The applicant is proposing to utilize the existing access points into the site. The access is discussed in more detail later in this report. 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 6 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; Landscaping, screening, drainage, and parking have been addressed individually and in more 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. Limiting or setting standards for the location and /or intensity of outdoor lighting; The applicant has proposed to utilize the existing lighting within the parking area. The existing lighting appears to be adequate for this use. 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; This criterion is addressed in more detail under landscaping and screening. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The applicant has provided a tree preservation plan that will be discussed further in this report. The applicant has indicated that no trees will be removed to accommodate the proposed construction. 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 Development Review — Chapter 18.360: I he Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The proposal's consistency with these Code Chapters is reviewed in the following sections. Variances and Adjustments — Chapter 18.370: I he applicant has requested tour separate adjustments. Each adjustment is discussed in detail in the following segment of this report. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 7 OF 20 CUP2004- 00002NAR2004- 00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER J The applicant has requested a 3 -foot adjustment to the rear yard setback, and an adjustment of 5% to the amount of coverage. The Tigard Development Code (TDC) Section 18.370.020(B)(1)(b) allows up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone, and TDC Section 18.370.020(B)(1 }(c) allows up to a 5% increase in lot coverage provided the following criteria are addressed. Both of these adjustments are addressed in the following discussion. A demonstration that the Adjustment requested' is the least required to achieve the desired affect; The two adjustments are being requested to allow the proposed structure to protrude into the rear yard setback by three feet, and to allow the site to maintain a landscape requirement of 15% as opposed to the required 20% in the R -12 zone. According to the applicant this is the minimum relief needed to allow placement of the proposed structure and still maintain the minimum number of parking spaces required by the Church campus. 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 last application filed by the Church there are currently 249 spaces available for parking including the two accessory parking lots. Phase1 B of the previously approved expansion requires the removal of 16 spaces bringing the parking available to 233. However, Phase 1B has not been constructed, and a condition has been placed on that approval to ensure that the facility still meets the minimum parking requirements of 233 spaces prior to the issuance of building permits. So, with the removal of six additional spaces to accommodate the storage facility, the Church campus will still have 243 spaces available. This figure exceeds the minimum required by ten, and the condition will still stand should Phase 1B be realized. The Adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees within the development area that will be adversely affected by granting these two adjustments. This criterion is satisfied. The Adjustment will not impede adequate emergency access to the site; These Adjustments will not impede emergency access. Emergency service can still access this site from both existing driveways. There is not a reasonable alternative to the Adjustment which achieves the desired affect. Because of the proposed location of the facility and the need to conserve the existing parking, there are no other alternatives to achieve the desired affect. The applicant is proposing to increase the existing landscaping by 742 square feet to achieve site andscaping of 15 %. FINDING: Based on the analysis above, the setback and minimum coverage adjustment criteria have been satisfied. The applicant has requested a variance to the buffer and screening requirements of TDC Chapter 18.745 to allow a 5 -foot buffer as opposed to the required 6 -foot buffer. Section 18.370.010.C.2.a -e outlines the approval criterion for the granting of a variance to the standards. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 8 OF 20 CUP2004- 00002NAR2004-00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant has requested a variance to the required buffer width only. No other applicable policies or standards will be affected. The variance is being requested to allow a pre - existing condition to remain on site. The variance would not be materially detrimental to other properties in this zoning district or the vicinity. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The applicant has proposed to dress up the existing buffer and screening. While the applicant has ultimate control over the width of the buffer, the applicant must also maintain a specific number of parking spaces to accommodate the adjacent Church campus. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use is conditionally permitted under this title, and apart from the standards to which the variance is being requested, all other City standards will be maintained. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The existing physical and natural systems will remain unchanged, as the parking lot is pre - existing. Therefore, this standard does not apply. The hardship is not self- imposed and the variance requested is the minimum variance, which would alleviate the hardship. The hardship is not self- imposed; rather it is a function of an existing condition. The applicant has indicated that the existing buffer and screening area will be dressed up to fulfill the screening requirement. The 1 -foot variance is the minimum variance which would alleviate the hardship. FINDING: Based on the analysis above, staff finds that the variance criteria are satisfied. The applicant has applied for an adjustment to the street ROW width and improvement standards. The TDC Section 18.370.020(C)(11) allows the Director to approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The applicant refers to McKenzie as a "skinny" one -way street. McKenzie Street is a one -way street, but there is no current designation of "skinny" street. The applicant was told to provide traffic counts and findings to support either the Skinny Street Option or the smaller local street standard shown in Figure 18.810.5 for Local Residential Streets < 500 vehicles per day. FINDING: The applicant has not provided any information to support either adjustment option; therefore staff recommends that the applicant provide the adjustment Officer with justification that can serve as satisfactory findings for the adjustment, or propose that they will meet the standards for street improvements on SW McKenzie Street. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 9 OF 20 CUP2004- 00002/VAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Residential Zoning Districts — Chapter 18.510: I he residential zoning district development standards are discussed previously in this report under the Conditional Use standards. It should be noted that Social /Philanthropic uses are permitted conditionally in all residential zones. Access Egress and Circulation - Chapter 18.705: Public Street 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 byte city for public use and shall be maintained at the required standards on a continuous basis; The site is surrounded on all two sides by public streets. The site currently has existing access from SW Grant and SW 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 the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi- building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The proposal involves the construction of a storage and food distribution building for a function of the church. The applicant is proposing to identify a walkway across the existing parking by way of striping as opposed to constructing a sidewalk to the SW McKenzie Street right -of -way. The TDC requires that required walkways are physically separated from motor vehicle traffic and parking. The applicant is not proposing to separate the required walkway. Instead, the applicant has requested to stripe the required walkway with paint. This criterion is not satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; and The walkways have been identified on the site plan as just pavement markings, and they are discussed only briefly within the narrative. The applicant is not proposing to separate the walkway, or use contrasting pavement materials for the proposed walkway as required. This criterion is not 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 not adequately addressed this requirement. This criterion is not satisfied. FINDING: The applicant has not adequately addressed the requirement for a required walkway from the entrance of the facility to the SW McKenzie right -of -way. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 10 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITION:The applicant shall provide a revised access plan that provides a safe pedestrian walkway extending from the entrance of the building to SW McKenzie Street. The walkway shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and signposts, and shall be in compliance with ADA standards. The walkway 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. 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. The existing parking area has two, 30- foot -wide accesses to serve the site thereby exceeding the minimum requirement of one. 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. The applicant has not provided any response to this section. This criterion is not satisfied. FINDING: The applicant did not address the access management standards as required by TDC Section 18.705.030(H)(1). CONDITION: Prior to the issuance of the site permit, the applicant's traffic engineer shall provide site distance certification for the driveways on SW McKenzie and SW Grant. 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 less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The existing driveway on SW McKenzie is over 450 feet from the intersection at Highway 99W. This criterion is satisfied. 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. Grant Street is classified as a neighborhood route, and SW McKenzie Street is classified as a local street. Environmental Performance Standards — Chapter 18.725: Kequires 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 11 OF 20 CUP2004- 00002NAR2004-00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 -01 5 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 ready 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. 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 roposing to plant "red maple" street trees along SW Grant Street, and SW McKenzie at 30 feet on center. The "red maple" is an approved street tree and is considered large. The proposed spacing is adequate. The applicant has indicated that the trees will be two -inch caliper trees. This criterion is satisfied. 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 applicant has requested an adjustment to the buffering and screening requirements which has been discussed previously in this report. 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 12 OF 20 CUP2004 -00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING. STAFF REPORT TO THE HEARINGS OFFICER The applicant is proposing to utilize the existing facility on the church campus. Since the proposed facility and operation is being relocated to this property, and was considered in the needs of the overall campus at the time that the last conditional use permit was evaluated, the applicant may continue to use the existing facility. This criterion is satisfied. Off - Street Parking and Loading (18.765): Disabled - Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Oregon Uniform Building Code, a parking facility accommodating 201 -300 spaces requires 7 ADA accessible spaces. The 201 -300 spaces is based on the needs of the entire campus. In the last application, the church only had accommodations for six spaces. The applicant is proposing to add an additional ADA space to this project. The addition of this ADA space will bring the site into compliance by providing a total of seven ADA compliant spaces. 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 2 parking spaces for every 1,000 square feet within the main assembly area. The applicant has indicated that they would be willing to provide two spaces if required. 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 campus provide 233 parking spaces on site for a seating capacity of 700 within the main sanctuary. Social /philanthropic uses require a minimum of 10 spaces per 1,000 square feet of main assembly area. This would mean that the proposed distribution center will require ten parking spaces. The TDC section 18.765.030(c) allows owners of two or more uses to share parking as long as the largest use is accommodated, that there is legal evidence that would allow sharing, and that if the agreement is terminated, the minimum parking requirements for the individual uses as identified in Chapter 18.765 will be adhered to. As discussed previously in this report, the use is a current function of the church campus. The only reason that this was not reviewed through a minor modification is because the church failed to identify this activity and parcel within the last review. The church owns the parking lot, and the use by its nature operates only during the week. The existing parking area is sufficient to support both uses. Off - street loading requirements: Off - street loading spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off - street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed facility is 1,000 square feet in size, and not subject to this standard. The previous review of the facility accounted for two off - street loading spaces. This standard is satisfied. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 13 OF 20 CUP2004 -00002NAR2004 -00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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. There are no trees on this particular property, however, the adjoining property to the south . has a line of trees that could potentially be impacted by development. Therefore, the church will be required to provide a tree protection plan to ensure that the health of the trees adjacent to the site is not compromised during the course of construction. FINDING: There are no trees on this particular site; however, there is a stand of trees on the adjoining property to the south within 12 feet of the proposed building. In order to insure the viability of the existing trees and those trees within the area of work, the following conditions shall apply. CONDITIONS: Prior to the issuance of building permits, the applicant shall provide the City Arborist with a tree protection plan, and 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: 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). ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 14 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The following sections were discussed previously in this report 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 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. As discussed previously in this report, there are not any trees on this site. 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 proposed building. 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. Buffering and screening has 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. The City of Tigard Police Department has reviewed this project and has not indicated concern or objection with the proposal. The applicant is proposing to use existing site lighting. This criterion is satisfied. 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 15 OF 20 CUP2004- 00002NAR2004- 00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER There are no transit stops on this site, however, the applicant is working with Tri -Met on the adjoining site to improve transit facilities. This criterion is satisfied. D. STREET AND UTILITY IMPROVEMENTS STANDARDS - CHAPTER 18.810 Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires 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 Grant Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate an additional 7 feet of ROW. The applicant's plan shows the additional ROW dedication, thereby meeting the criterion. This site also lies adjacent to SW McKenzie Street, which is classified as a Local Street on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate an additional 2 feet of ROW. According to the TDC table 18.810.1, the minimum right -of -way width for local street standards varies between 54 feet and 42 feet, however, in order to drop below the requirement of 54 feet, the applicant is required to justify the lesser width by providing a traffic study from a certified professional. The applicant has applied for an adjustment to the street ROW width standard. The applicant refers to McKenzie as a "skinny" one -way street. McKenzie Street is a one -way street, but there is no current designation of "skinny" street. The applicant was told to provide traffic counts and findings to support either the Skinny Street Option or the smaller local street standard shown in Figure 18.810.5 Local Residential Streets < 500 vehicles per any information to support either adjustment option; da . The applicant has not provided Y P p Y PP therefo r e staff t ff recommends that the applicant required be uired to dedicate the additional 2 feet of q ROW. SW Grant Avenue and SW McKenzie Street are currently p Y improved. im roved. In order to mitigate the impact from this development, the applicant should construct half- street improvements that meet the Neighborhood Route and Local Street standards. The applicant was told in the pre application meeting that they must construct the improveme nts or request that they be allowed to enter into an agreement for future street improvements. The applicant's plans do not show the street improvements and they did not request that they be allowed to enter into an agreement for future street improvements. Instead, the applicant referred to the final order of a different project, Phase 1B St. Anthony's School/Church Redevelopment that requires improvements to the other side of McKenzie Street with Phase 1B. The final order does not address the improvements that are required as part of this application. TDC Section 18.810.030 indicates that no development shall occur unless the streets adjacent to the development meet the standards of the Chapter as provided in Tabe 18.810.1. There are provisions within the chapter that allow for future improvement guarantees in lieu of improvements when certain conditions exist. The criterion varies, but the applicant did not address the criterion. Staff recommends that the applicant either construct the half- street improvements or enter into an agreement for future street improvements. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 16 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 are existing sidewalks along the frontages of McKenzie Street and Grant Avenue, but they do not comply with the current design standards. Staff recommends that the sidewalks be replaced with planter strips and sidewalks that meet the standards or that they enter into an agreement for future street improvements. 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. The applicant's plan shows that they will construct a sewer lateral to serve the proposed storage building. A PFI will be required for the connection of the lateral to the public sewer main. 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. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention /effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has indicated that there will be a 742 square feet decrease in impervious surface area, therefore on -site detention is not required. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 17 OF 20 CUP2004 -00002NAR2004- 00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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 facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in -lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in conjunction with the development. The determination shall be on a case - by -case basis. The most common, but not the only, such situation is a short frontage development for which under - grounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in- lieu of under - grounding. There are existing overhead utility lines along the frontage of SW Grant Avenue and along McKenzie Street. If the fee in -lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 193.75 lineal feet; therefore the fee would be $6781.25. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant's plan indicates that they will be requesting a water service for the storage building. A PFI permit will be required, as well as the City Water Department fees. 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. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 18 OF 20 CUP2004- 00002NAR2004- 00014 -00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER An on -site water quality facility is required when the net, new impervious surface area exceeds 1000 square feet. This project decreases the amount of impervious surface area, therefore an on -site facility is not required. Gradin and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant is required to obtain a Site Permit from the Building Division to cover all on -site private utility installations (water, sewer, storm, etc.) and driveway construction. 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 $50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permit. For this project, the addressing fee will be $50.00 (1 lots and /or tracts X $50 /address = $50.00). 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 is estimated at $636.84. These numbers increase by 6% annually. According to the Washington County TIF ordinance, 32 percent of a projects impact is 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): $636.84 divided by .32 equals $1,990.12. ($636.8, 6, 4 is theTIF assessment according to the Washington County TIF ordinance effective Less mitigated costs The applicant is required to dedicate additional right -of -way along SW Grant, and SW McKenzie Street. At a cost of three dollars a square foot and a total of 1,031 square feet of right -of -way (644 square feet along SW Grant and 387.5 square feet along SW McKenzie), the estimated value of the dedication is $3,094.5. ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 19 OF 20 CUP2004- 00002NAR2004-00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Estimate of Unmitigated Impacts Full Impact $1,990.12 Less TIF Assessment $ 636.84 Less Mitigated Costs $ 3 094.50 Estimate of Unmitigated Impacts - 'x,741.22 FINDING: Using the above cost factors, it can be determined that the applicant has accounted for more than 100% of the unmitigated impacts of the development. All other associated improvements are required of all new development within the City of Tigard, or development cannot be permitted. SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposal and stated that 1 -hour rated walls are required for south and west facing sides of the storage building. 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 Operations Utility Manager has reviewed this application and has indicated that all utility work should be coordinated with the City. The division needs to know the final locations of all proposed utilities in relation to the required improvements. City of Tigard Police Department has reviewed this application and offered no comments or objections. SECTION IX. AGENCY COMMENTS TVF &R, Clean Water Services, PGE, and ODOT were given the opportunity to review this proposal and submitted no comments or objections. n May 3, 2004 PREPARED BY: Brad Kilby DATE Associate Planner Apr eh . - May 3, 2004 APPROVED BY: Richard r. e ersdorff DATE Plannin• Manager ST. ANTHONY'S PARISH STORAGE BUILDING PAGE 20 OF 20 CUP2004- 00002NAR2004- 00014-00017 5/10/2004 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER C , ` P ' CITY of TIGARD P ` ti GEOGRAPHIC INFORMATION SYSTEM �� #11)0 VICINITY MAh JOHNSON S 4 . * . ' CU P2004 00002 ts> 41 VAR2004 -00014 /10 F A ` T �. VAR2004 -00015 AN ci3, , Q G VAR2004 -00016 W - � VAR2004 -00011 S■ s %... 111k r• . ST. ANTHONY S PARISH A. STORAGE BUILDING FOR ii 4 � ST. 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