Hearings Officer Packet - 07/11/1994
CITY OF TIGARD
HEARINGS OFFICER
JULY 11, 1994 - 7:00 P.M.
AGENDA
1. CALL TO ORDER
_2. PUBLIC HEARING
2.1 CONDITIONAL USE CUP 94-0005 VARIANCE VAR 94-0003 WESTGATE
BAPTIST CHURCH LOCATION: 10820 SW 130th Avenue (WCTM 1 S1 33AD,
tax lot 2200). The applicant has requested the following approvals: 1) A
Conditional Use Permit to -convert a single-family residence next to the existing
church into classrooms. The applicant also proposes to use portions of this
adjoining site for overflow parking; 2) Also requested is a variance to the buffer
_ requirements for the parking lot use adjoining an existing single-family residential
neighborhood. APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.32, 18.52, 18.100, 18.106, 18.108, 18.120, 18.130, 18.134, and
18.164. ZONE: R-7 (Residential, 7 units/acre) The purpose of the R-7 zoning
district is to establish sites for single-family detached and attached units for
medium density residential development. The R-7 zoning district also permits
religious assembly uses subject to approval of a Conditional Use Permit.
3. OTHER BUSINESS
4. ADJOURNMENT
r
HEARINGS OFFICER - 7111/94 - PAGE 2
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 6840360 Notice TT 7 9 3 0
BEAVERTON. OREGON 97075
Legal Notice Advertising
The following will be considered by the Tigard Hearings Officer on Mon-
@ City of Tigard ❑ Tearsheet Notie day, July 11, 1994, at 7:00 P.M„ at Tigard Civic Center - Town Hall,
Y 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public oral and written
13125 SW Hall Blvd. testimony is invited. The public 'nearing on this matter will be conducted
Tigard, Oregon 97223 ❑ Duplicate Affida in accordance with the rules of Chzpx.T 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
• • issue in person or by letter preclules om appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is direct.-d precLades an appeal based on that
criterion. Further information may be obiained from the Planning Division
at 13125 S.W. Hall Blvd., Tigarc., Crenon 97223, or by calling 639.4171.
AFFIDAVIT OF PUBLICATION PUBLIC HEARINGS
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss' CONDITIONAL USE CUP 94-0005 VARIANCE VAR 94-0003
I, Kathy Snyder WESTGATE BAPTIST CHIJRCH LOCATION: 10820 S.W. 130th
Avenue (WCTM ISI 33AD, flax lot 2200). The applicant has requested
being first duly sworn, depose and say that I am the Advertising, the following approvals: 1) a conditional use permit to convert a single-
Director, or his principal clerk, of theTigard-Tualatin Times family residence next to the existing church into classrooms. The ap-
a newspaper of general circulation as defined in ORS 193.010 plicant also proposes to use portions of this adjoining site for overflow
and 193.020; published at Tivard in the parking; 2) Also requested is a variz ce to the buffer requirements for the
aforesaid county and state; that the parking lot use adjoining an c;xAting single-family residential neigh-
Hearing/Clip 94-.000S./VAR 94-nnQ1 WPRfCJAtP h borhood. APPLICABLE REVIE CRITERIA: Community Development
a printed copy of which is hereto annexed, was puRI 81inq'ne rch Code Chapters 18.32, 18-52, i'8.!00,18.106,18.108,18.120,18.130,
entire issue of said newspaper for ONE successive and 18.134, and 18.164. ZONE: R-7 (Residential, 7 units/acre). The purpose '
of the R-7 zoning district is to (LstaYish sites for single-family detached
consecutive in the following issues: and attached units for medium density residential development. The R-7
zoning district also permits re'.igious assembly uses subject to approval of
June 3 0 ,19 9 4 a Conditional Use Permit.
TT7930 - Publish June 30, 1994.
Subscribed and sworn 25008 me this3 0th daY of .Tnnp OFF!CIA,L SEAL
i 1408iN A. 13t;RGESS
NOTARY Pi 18110 - OREGON
CUhtMiS3iJN NO. 024552
Nota ublic for Oregon I,IY CO"1I,,,,iQN EXPIRES MAY ,$,1997
My Commission Expires:
AFFIDAVIT
0 0
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Westgate Baptist Church ) FINAL ORDER
for a conditional use permit to expand the church use )
onto adjoining property and a variance to buffer ) CUP 94-0005
requirements for church-related parking at 12930 ) VAR 94-0003
SW Scholls Ferry Road in the City of Tigard, Oregon. ) (Westgate Baptist Church)
1. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit to expand an existing church
facility by using a house adjoining the church for office and counseling purposes and to
develop 12 to 16 parking spaces for overflow parking for the church. The applicant
proposed to locate the parking on a gravel area at the south edge of the site; however, at the
hearing, the applicant proposed to develop the parking at the north edge of the lot in
question and next to the existing church parking lot. Parking adjoining residential uses is
required to be buffered by a landscaped berm. The applicant requested a variance from the
buffer requirements for the proposed parking lot.
Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application
on July 11, 1994. City staff recommended conditional approval of the conditional use
permit and variance. The applicant accepted the staff report and recommendation without
objection. A neighbor asked questions about the prior nonconforming use of the site for an
earth moving business and about public review of future changes to the site. No one else
appeared at the hearing or submitted written testimony about the application.
LOCATION: 12930 SW Scholls Ferry Road; WCTM 1 S 1 33AD, tax lot 2200.
COMPREHENSIVE PLAN: Medium Density
ZONING: R-7 (Residential, 7 units per acre)
APPLICANT AND OWNER: Westgate Baptist Church
APPLICABLE LAW: Community Development Code Chapters 18.52, 18.100, 18.102,
18.106, 18.108, 18.114, 18.130, 18.132, 18.134 and 18.164. Comprehensive Plan
Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Conditionally approve both applications
HEARINGS OFFICER DECISION: Conditional use permit is conditionally approved;
variance request is denied but moot.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
The Hearings Officer incorporates by reference the findings about the site and
surroundings in Section II of the City of Tigard Staff Reported dated July 1, 1994.
III. APPLICABLE APPROVAL STANDARDS
The Hearings Officer incorporates by reference the approval standards in Section III
of the City of Tigard Staff Report dated July 1, 1994.
Page 1 Hearings Officer Final Order
CUP 94-0005NAR 94-0003 (Westgate Baptist Church)
IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
A. Hearing
Hearings Officer Larry Epstein received testimony at the public hearing about this
application on July 11, 1994. A record of that testimony is included herein as Exhibit A
(Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony).
These exhibits are filed at the Tigard City Hall.
B . Summary of oral testimony
1. City Planner Mark Roberts testified for the City. He summarized the staff report
and recommendation.
2. Kelly Ford, attorney and church member, testified for the applicant. He
explained that the church originally planned to use the south end of the site for 12 to 16
parking spaces, because that area was improved with a gravel surface. However, the
church has revised its plans. Now the church proposes to locate the parking at the north
edge of the site (i.e., north of the driveway that serves the home on the site). This location
is about 270 feet from homes to the south and about 150 feet from homes to the east.
There is room there for about 13 cars in addition to the 6 to 7 spaces next to the house on
the site. The church will park a bus on the existing gravel area next to the shop building
south of the house and about 70 feet from adjoining properties. Mr. Ford accepted the staff
report and recommended conditions of approval without objection. He explained that the
variance is warranted, if necessary, because it would be a financial hardship to install a
landscaped berm, because the area of the site to be used for that purpose has been graveled
for 20 years, and it would be too costly to landscape it. Ben Jacquith, church pastor, also
appeared in support of the application and summarized the public meeting the church held
to discuss the project.
3. James Harper, owner of an adjoining lot to the east, testified with questions.
He wanted to know if the variance would apply to the nonconforming earth moving
business that operated from the site in the past. He also wanted to know whether
substantial future changes at the church would be subject to public review.
4. The Hearings Officer responded to Mr. Harper that the variance, if granted,
would apply only to the purpose for which it was requested; that is, for church parking,
and not for a nonconforming earth moving business. Also, whatever nonconforming
rights may exist to operate an earth moving business on the site, those rights will expire six
months after the earth moving business vacates the site. Mr. Ford also responded that the
church did not intend to continue the nonconforming earth moving business on the site.
The Hearings Officer noted that the City Code requires a new conditional use application,
public notice and public hearing before the church can be substantially changed from what
the City has approved.
C. NPO and agency comments
The Hearings Officer incorporates by reference the NPO and agency comments in
Section V of the City of Tigard Staff Report dated July 1, 1994.
Page 2 Hearings Officer Final Order
CUP 94-0005NAR 94-0003 (Westgate Baptist Church)
V. EVALUATION OF REQUEST
A. Conditional use permit
The Hearings Officer incorporates by reference the relevant findings in Section III
of the City of Tigard Staff Report dated July 1, 1994 that the expansion of the church
functions into the home on the site and the development of additional parking on the site
will comply with the Community Development Code and Comprehensive Plan, except as
otherwise noted herein.
B . Variance
1. Section 18.100.130 requires a minimum of 10 feet to buffer any parking lot use
from an adjoining single family residential use. The applicant proposed to use parking at
the south edge of the site adjoining single family homes to the south and east. The
applicant requested a variance to the buffer standard for the reasons recited in the
application and staff report. However, the Hearings Officer finds that a variance is not
necessary, based on the following findings:
a. The church no longer plans to use land adjoining the south or east edges
of the site for parking. The proposed overflow automobile parking is proposed between
the existing driveway on the site and the north edge of the site. This is about 270 feet from
the south edge of the site and about 150 feet from the east edge of the site. Under those
conditions, the Hearings Officer finds that, although the lot on which the parking lot will be
developed does adjoin land zoned for residential use, the parking lot itself does not adjoin
such land.
b. The parking lot is separated from land zoned or used for residential
purposes by at least 150 feet of open space and intervening structures and uses. Therefore,
the Hearings Officer finds the applicant is not required to buffer the parking lot.
c. Parking of the church bus on the existing gravel area near the existing
shop building is permitted as a nonconforming use of that area, pursuant to Tigard City
Code Chapter 18.132.040.B, because that area had been used for storage of large vehicles
for the earth moving business and continued to be so used within six months of the
application. To the extent the church continues to use that area for that purpose, that aspect
and only that aspect of the nonconforming use rights survive. The Hearings Officer finds
the applicant is not required to buffer the parking lot for the bus.
2. The Hearings Officer finds that, if the landscape buffer requirement did apply to
the parking lot in this case, a variance to that requirement would not be warranted, because
the hardship is self-imposed. The parking lot can be located in other parts of the lot where
the buffer requirements would not apply. The Hearings Officer also finds that the
improvement of the south edge of the site with gravel is not a special circumstance
sufficient to distinguish the site from other properties. The fact that the site has been used
and improved in the past in a way that conflicts with the proposed use of the property,
given the City Code requirements, is not unusual. The financial impact on the church of
required landscape improvements is not relevant to the variance criteria.
VI. SITE VIS17F BY HEARINGS OFFICER
The Hearings Officer visited the site and surrounding area. He observed the
existing access to and structures, vegetation, and grades on the site and adjoining property
and the condition of the adjoining streets.
Page 3 Hearings Officer Final Order
CUP 94-00051VAR 94-0003 (Westgate Baptist Church)
VII. CONCLUSION AND DECISION
A. The Hearings Officer concludes that the proposed conditional use permit
complies with the applicable criteria and standards of the Community Development Code,
provided development that occurs after this decision complies with applicable local, state,
and federal laws and with conditions of approval warranted to ensure such compliance
occurs.
B. The Hearings Officer concludes that the variance request fails to comply with
the standards in Community Development Code Section 18.134.050, but is moot based on
the findings herein.
C. In recognition of the findings and conclusions contained herein, and
incorporating the Staff Report and other reports of affected agencies and public testimony
and exhibits received in this matter, the Hearings Officer hereby approves CUP 94-005,
subject to the conditions of approval recommended in the July 1, 1994 Staff Report and
denies VAR 94-0003.
TE this 25th day July, 1994
Larry Eps Ydari P
City of Ti gs Officer
Page 4 Hearings Officer Final Order
CUP 94-00051VAR 94-0003 (Westgate Baptist Church)
AGENDA ITEM
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by the Westgate STAFF REPORT
Baptist Church to remodel an existing CUP 94-0005
residence on an adjoining parcel for VAR 94-0003
office and counseling uses and develop other
areas for overflow parking.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 94-0005
Variance VAR 94-0003
SUMMARY: A request for approval of the following development applications: 1) The
applicant has requested an expansion to an existing church facility to
convert an adjoining residence for office and counseling uses and develop
a portion of the site for use as an interim parking lot for 12-16 parking
spaces. 2) The applicant has also requested a variance from the landscape
buffer standards for the proposed interim parking lot.
APPLICANT: Westgate Baptist Church OWNER: SAME
12930 SW Scholls Ferry Road
Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Medium Density (6-12 units per acre)
ZONING DESIGNATION: R-7 (Residential, 7 units per acre)
LOCATION: 12930 SW Scholls Ferry Road. The southeast corner of SW Scholls Ferry
Road and SW 130th Street (WCTM 1S1 33RD, Tax Lot 2200)
APPLICABLE LAW: Community Development Code Chapters 18.52, 18.100, 18.102,
18.106, 18.108, 18.114, 18.130,18.132, 18.134, 18.164, and Comprehensive Plan Policies
2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHIIRCH PAGE I
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Background Information:
The area was annexed in 1976. The property had been used for church purposes
for several years previous to annexation while under County jurisdiction. In 1978
the property was rezoned from an RS1 county designation to R-7 within the City
of Tigard. In 1982 the City approved a request to add two modular trailers for
classroom purposes.
B. Site Size and Shape:
The subject parcel is 2.00 acres. The site is rectangular in shape and slopes
towards SW 130th Avenue.
C. Site Location:
The site is located one property south of the existing church. The church is
located at the southeast corner of SW Scholls Ferry Road and SW 130th Street.
D. Existing Uses and Structures:
The subject parcel is developed with a single family residence, a garage, a shop
building and fenced areas for horses which are kept on the property. Neighboring
property owners state that large equipment repair, painting and that horses have
been kept on the property for several years.
E. Surrounding Land Uses:
The property to the north is the existing Westgate Baptist Church facility.
Properties to the west are presently vacant and are zoned for residential use.
Areas to the south and east are developed with single family residences. Areas
to the north of SW Scholls Ferry Road are within the City of Beaverton and are
developed with residential uses.
III. APPLICABLE APPROVAL STANDARDS
A. Communi Develo ment Code:
HEARINGS OFFICER - COP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 2
1. Chapter 18.52 the R-7 zoning district permits religious assembly uses
subject to approval of a Conditional Use Permit.
2. Chapter 18.130.040 contains the following general approval criteria for a
Conditional Use:
1) The site size and dimensions provide:
a. Adequate area for the needs of the proposed use; and
b. Adequate area for aesthetic design treatment to mitigate
possible adverse effects from the use on surrounding
properties and uses.
2) The characteristics of the site are suitable for the proposed use
considering size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the
proposal.
4) The applicable requirements of the zoning district are met except as
modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114 (Signs)
and Section 18.120.180 Site Development Review are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
The conditional use permit is subject to the development standards set
forth within the R-7 zoning district. The site is suitable for this use due to
its two acre size and the minimal anticipated impact of the proposed office
and counseling use as reviewed within this report.
All required public facilities are available or can be made available to serve
this development as proposed. All applicable standards of the zoning
district are met by this proposal as reviewed within this staff report with the
exception of the requested buffer standard variance. The use complies
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 3
with the site development standards set forth within the Development
Code. This has been reviewed within Section 13 of this report.
3. Section 18.64 specifies that the minimum landscaping requirement shall be
20 percent. Condition of Approval #5 requires that the site plan be revised
to provide a minimum of 20 percent of the site with landscaping or
provide additional calculations to demonstrate that the existing
landscaping on site complies with this standard.
4. Section 18.100 requires that all developments fronting on a public street
or private driveway more than 100 feet in length shall be required to plant
street trees in accordance with Section 18.100.035. The minimum
required spacing is 20 feet with a maximum spacing of 40 feet depending
on the size of the tree. The City is presently reviewing the proposed street
classification and design for SW 130th and has recommended deferral of
street improvements along the property frontage. It is recommended that
street trees also be waived until SW 130th is designed and constructed to
the ultimate street width.
Condition of Approval #5 requires that the applicant not remonstrate
against the formation of a local improvement district which would include
the cost of providing street trees along along SW 130th pursuant to Section
18.100. The applicant has requested a variance from the buffer standards
contained within Section 18.100 adjacent to the interim parking area and
has been reviewed within this report.
5. Section 18.102 (Visual Clearance) requires that a visual clearance area be
maintained along the intersections of all public and private right-of-ways.
The site plan does not propose any structures within the visual clearance
area as defined under Section 18.102.
6. Section 18.106 (Parking) states that the parking ratio for this type of office
shall be provided for at a ratio of one space for each 350 square feet. The
current site plan has not provided on site parking for the proposed or office
uses. Condition of Approval #5 requires that the site plan be revised to
provide parking which is consistent with off-street parking standards.
Section 18.106.050(1)(4) requires parking areas for either the office area or
the interim parking use to be paved. Condition of Approval #5 requires
that the driveway onto the site, a 24 foot minimum width two way access
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 4
driveway and those portions of the gravel area to be used for interim
parking to be paved. Section 18.100.110(1)(a-e) apply to the parking lot
areas landscaping. Condition of Approval #5 also requires that a landscape
plan be provided which addresses this section.
7. Section 18.106 (Bicycle Facilities) requires one bicycle parking space for
each 15 required automobile parking spaces for any development.
Condition of Approval #5 requires that a minimum of one bicycle parking
rack be provided to serve this facility.
8. Section 18.108 (Access and Circulation) does not provide standards for
minimum access width standards for this type of use. Condition of
Approval #5 requires that the site be revised to provide a 24 foot paved
two way access drive to the proposed office use. A driveway apron,
driveway and interim parking area have been required to be paved through
Condition of Approval #5 to provide access to the proposed interim
parking use.
9. The Americans with Disabilities Act (ADA). Became effective on January
26, 1992. It requires one disabled person parking space if one (1) to
twenty-five (25) parking spaces are provided. The Building Department
will review the site for ADA compliance through the building permit plan
check review.
10. Chapter 18.114 states that one freestanding sign up to 32 square feet per
face may be permitted in the R-7 zone. Up to 5% of the wall area of
structure may be developed with wall signage. Sign permits must be
obtained prior to the installation of any sign on the premises.
11. Chapter 18.130 states that a minimum lot size requirement of 20,000
square feet is required for a relgious assembly use. The proposed site is
approximately 87,120 square feet. The code also requires that a religious
assembly use comply with a minimum front yard setback of 25 feet, a side
yard setback of 20 feet, and a rear yard of 20 feet. Each setback shall be
increased five feet for every 10 feet of building height over 45 feet. The
existing residence has a front yard setback of 185 feet. The residence has
sideyard setbacks of 220 feet from the adjoining residential areas and 27
feet from the existing church site. The residence also has a 37 foot rear
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHIIRCH PAGE 5
37 foot rear yard setback. The structure is approximately 20 feet in height
and therefore does not require additional setbacks due to its height.
12. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.030(E) requires a Minor Collector street to have a
minimum 60 feet of right-of-way, a 40 feet minimum roadway
width, and 2-3 moving lanes.
C. Section 18.164.070(A) requires sidewalks adjoining both sides of a
collector street.
d. Section 18.164.090 requires sanitary sewer service.
e. Section 18.164.100 requires adequate provisions for storm water
runoff and dedication of easements for storm drainage facilities.
The Engineering Department has reviewed the street and public utility needs for
the area and have recommended conditions of approval in accordance with the
standards set forth in the Community Development Code. The Engineering
Department has recommended deferral of street improvements based on the
criteria set forth within 18.164(A)(vi). The Transportation Planning Map for the
City of Tigard designates SW 130th as a Minor Collector Street connection from
SW Walnut Street to SW Scholls Ferry Road completion of this connection is
presently under review. If the street connection is not made the street
classification of SW 130th may be revised.
13. The Community Development Code Section 18.134.050 allows the
Director to approve, or approve with conditions, a request for a variance
based on the following findings:
a. The proposed variance will not be materially detrimental to the
purposes of this title, to be in conflict with the policies of the
comprehensive plan, to any other applicable policies and standards,
and to other properties in the same zoning ditrict or vicinity;
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHU CH PAGE 6
b. 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;
C. 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 some economic use of the
land;
d. 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
located as specified in the title; and
e. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
The applicant has requested a waiver from the buffer requirements set forth within
Section 18.100.130 of the Community Development Code. The code requires a
minimum of 10 feet to buffer any parking lot use from an adjoining single family
residential use. The applicant states that this is a hardship due to the limited
nature of the interim parking. Members of the church state that the current long
term plan for the church is to use this property for sports field uses and to develop
additional permanent parking on the existing church site within 3-5 years.
Because the applicant proposes to use this area for interim overflow parking for
two hours each week for 12 to 16 cars the applicant appears to have cause to
claim a hardship. To provide a landscape buffer in accordance with Development
Code requirments would require a 372 foot landscape buffer area of 10 feet in
width. Because an existing "high board" wood fence buffers the site from
adjoining residences and the parking use requested is for 12 to 16 cars for a two
hour period each week it is not anticipated that this will negatively impact
adjoining residential areas because these areas will be paved and are to be located
on portions of the gravel area away from adjoining residences.
The variance will allow the property owner to realize economic use of the
property in a similar manner as other religious assembly uses by allowing a
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 7
portion of the site to be used for overflow parking for up to 16 cars during a two
hour church service each week.
The variance will allow some economic use of the property without placing
excessive demands on the property owner to buffer the interim parking use from
adjoining residences.
Due to its limited nature the development standard variance will not impact
drainage, utilities, traffic circulation, land forms or park areas.
The variance is the minimum necessary to alleviate the hardship due to the
impacts of the proposed use. The variance addresses the expected impact of
parking up to 16 cars for a two hours each week the buffering requirements of a
non-residential use from residential uses.
B. Applicable Comprehensive Plan Policies.
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the planning and
development review process. The applicant has conducted a neighborhood
meeting concerning this proposal. Notice has also been given to affected property
owners of the Hearing's Officer Public Hearing of this request.
Water Quality: Policy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and regional water
quality standards. The applicant has not requested revised water service to the
site. Water service currently exists to the residence, if the change in use requires
revisions to the water service modifications will be made through the building
permit plan check process.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require
as a condition of development approval that public water, sewer, and storm
drainage will be provided and designed to City standards and that utilities shall
be placed underground. Utility providers have not objected to providing utility
service to the site.
Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated future
growth and development. Due to the limited traffic which will be generated by
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 8
this proposal the applicant has requested a waiver from street and utility
requirements. The Engineering Department has recommended a deferral of street
improvements along the site's frontage on SW 130th based on Section
18.164.030(A)(vi) which states in part that where it can be shown that additional
planning work is required to define the appropriate design standards for the street
and the application is for a project which would create only a minor portion of
the anticipated future traffic impact on the street. SW 130th is currently under
review it is presently designed to provide a street connection from SW Walnut
Street to SW Scholls Ferry Road.
Street Iml2rovements. Policy 8.1.3 states that the City will require the following
as a condition of approval:
a. Development abut a dedicated street or have other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
width;
C. The developer shall commit to construction of the streets, curbs, and
sidewalks to City standards within the development.
d. The developer shall participate in the improvement of existing streets,
curbs, and sidewalks to the extent of the development's impacts;
e. Street improvements shall be made and street signs or signals shall be
provided when the development is found to create or intensify a traffic
hazard.
The site abuts SW 130th Street which is a dedicated public street. The
Engineering Department has recommended deferral of street improvements set
forth within Sections b-e due to uncertainty concerning the future street
classification of SW 130th Street and the minimal additional traffic impact to
adjoining streets. This development also does not intensify an existing traffic
hazard.
IV. OTHER STAFF COMMENTS
The Engineering Department provided the following comments:
1. STREETS:
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 9
The site currently utilizes access from SW 130th Avenue, a sub-standard paved
road that connects to the signalized intersection with SW Scholls Ferry Road. SW
130th Avenue is classified as a Minor Collector on the City Comprehensive Plan.
The existing right-of-way is only 30 feet which was dedicated on the property to
the west. An additional street dedication is required to provide for the 60 foot
width for a minor collector.
However, the street alignment requires a curvilinear design to provide for the off-
set of the centerline in the right-of-way to the south. The applicant should prepare
a legal description based on a survey of the property and along a centerline design
as approved by the Engineering Department.
Currently, the road classification for SW 130th Avenue and its potential crossing
of Summer Creek is under study by the City. Since the road classification may
change, it is recommended that the street improvements adjacent to this site be
deferred to the next phase of the development of the church property, or until an
local improvement dsitrict is formed which includes the development of SW 130th
between SW Hawk's Beard Street and SW Scholls Ferry Road. The applicant
should be required to sign an agreement not to remonstrate the formation of a
future LID for the improvement of SW 130th Avenue.
Overhead wiring is located along the west side of SW 130th Avenue and will
require relocation or undergrounding with the development of the street. The
street lighting should be also be installed at the time of new construction.
2. SANITARY SEWER:
The site is currently connected to the eight inch public sanitary sewer line located
in SW 130th Avenue and has sufficient capacity for the proposed change in use.
3. STORM SEWER:
The site currently drains to the west across SW 130th Avenue to a natural Swale
that also flows westerly, along the northerly edge of SW Hawk's Beard Street. The
applicant proposes utilizing a portion of the site for over-flow parking from the
church. The increase of impervious area from the new parking lot will require
that an on-site water quality facility be included in the proposed changes in use.
In addition, the applicant should verify that the any additional runoff does not
significantly affect the downstream system.
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHIIRCH PAGE 10
The Unified Sewerage Agency has established and the City has agreed to enforce
(Resolution and Order No. 91-47) Surface Water Management Regulations
requiring the construction of on-site water quality facilities or fees in-lieu of their
construction. The final design of the facility and analysis of the downstream
underground system shall demonstrate compliance with both the quality and
quantity standards of the Unified Sewerage Agency.
V. CIT & AGENCY COMMENTS
1. The facilitator for the West Citizen Involvement Team was notified of the
proposed conditional use permit and variance request. The Citizen Involvement
Team has not provided any comments or objections to this development. In
addition, applicant conducted a neighborhood meeting.
2. No other comments were received by the Planning Division.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request for this existing site will
promote the general welfare of the City and will not be significantly detrimental nor
injurious to surrounding properties provided that development which occurs after this
decision complies with applicable local state and federal laws. In recognition of the
findings staff recommends APPROVAL of Conditional Use Permit CUP 94-0005 and
Variance VAR 94-0003 subject to the conditions which follow.
ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE
COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF
CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE
ENGINEERING DEPARTMENT. ALL STAFF LISTED CAN BE REACHED AT (503) 639-4171.
Recommendations:
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION(S)
SHALL BE SATISFIED OR FINANCIALLY SECURED:
1. Additional right-of-way shall be dedicated to the Public along the SW 130th
Avenue frontage to increase the right-of-way to 30 feet from the centerline. The
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 11
description shall be tied to the an alignment based on a survey of the property that
provides of the offset in the existing right-of-way centerlines, as approved by the
Engineering Department. The dedication document shall be on City forms.
Instructions are available from the Public Counter or the Engineering Department.
STAFF CONTACT: Diane Jelderks, Engineering Department.
2. An agreement shal I be executed by the applicant, on forms provided by the City,
which waives the property owner's right to oppose or remonstrate against a future
Local Improvement District formed to improve SW 130th Avenue.
STAFF CONTACT: Diane Jelderks, Engineering Department.
3. The applicant shall submit a final drainage plan that incorporates an on-site water
quality facility that complies with the minimum standards of the United Sewerage
Agency. STAFF CONTACT: Greg Berry, Engineering Department
4. The applicant shall demonstrate that storm drainage runoff can be discharged into
the existing drainageways without significantly impacting properties downstream.
STAFF CONTACT: Greg Berry, Engineering Department.
5. The applicant shall submit a revised site and a landscape plans that shows
provision for the following: STAFF CONTACT: Mark Roberts, Planning Division.
a. The applicant shall provide a landscape plan which provides a
minimum of 20 percent of the site with landscaping or provide
evidence that a minimum of twenty percent landscape coverage.
Parking lot landscaping shall be provided in accordance with the
standards set forth within Section 18.100.1100)(a-e).
b. The applicant shall amend the site plan to pave sections of the
graveled area to be used for the interim driveway apron, driveway
and parking. To buffer the interim parking use paved areas shall be
located on graveled areas away from existing residential areas.
C. The applicant shall amend the site plan to provide off-street parking
for the office use in accordance with the ratio set forth within
Section 1$.106 of the Community Development Code. The site
plan shall be amended to provide a 24 foot two way paved access
drive shall be provided to the office use.
HEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CHURCH PAGE 12
d. The site plan shall be revised to provide a minimum of one bicycle
parking rack for each fifteen required parking spaces.
e. As a part of the non-remonstrance agreement against the formation
of a local improvement district the applicant shall agree to incur
their fair share of the street tree planting along the site frontage on
SW 130th Street.
f. All site improvements shall comply and be maintained in
accordance with the revised site plan or as approved. by the
Planning Division.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE
EFFECTIVE DATE OF THIS DECISION.
7- -9
1~~ /04f/~_ I -
PREPARED BY Mark Roberts DATE
Assistant Planner
APPRO D BY: Dick rsdorff DATE
Seni r Planner
Y
BEARINGS OFFICER - CUP 94-0005 VAR 94-0003 - WESTGATE BAPTIST CBIIRCH PAGE 13
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