Hearings Officer Packet - 11/09/19920 0
AGENDA
TIGARD HEARINGS OFFICER
MONDAY, NOVEMBER 91 1992 - 7:00 P.M.
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BLVD., TIGARD, OR 97223
1. CALL TO ORDER
2. PUBLIC HEARINGS
2.1 CONDITIONAL USE CUP 92-0004 VARIANCE VAR 92-0019 LORINC
(NPO #7 & 3) The applicants request Conditional Use approval
to allow: 1) the conversion of an existing single family
residence located on a 0.34 acre site into a residential care
facility; and 2) the approval of a flexible setback variance.
APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.50, 18.100, 18.102, 18.106, 18.108, 18.114,
18.130, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1,
4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and 8.1.3. LOCATION:
12435 SW 121st Avenue (WCTM 2S1 3BB, tax lot 6900) ZONE: R-
4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows
single family residential units, public support facilities,
.residential treatment homes, farming, manufactured homes,
family day care, home occupations, temporary uses, and
accessory structures among other uses.
3. OTHER BUSINESS
4. ADJOURNMENT
T I 0 RD H E A R I N G S O F F IOE R
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT)
AGENDA ITEM: Z'r i NG CASE NUMBER(S): GVQqs -0uly l~ ` (9
OWNER/APPLICANT : --TCa e I<A-1 L+ v Z in c.-
LOCATION: I2~f 3S S~•J l .iL 1 S*• rIe
NPO NUMBER: / DATE OF HEARING:
PLEASE PRINT YOUR NAME, ADDRESS. AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT Against the proposal)
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address I Address
Name 1 Name
Address 1 Address
COMMUNITY NE SP pERS9 INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON. OREGON 97075 TT 7386
Legal Notice Advertising
e City of Tigard e ❑ Tearsheet Notice
0 P.O. Box 23397 • ❑ Duplicate Aft The following will be considered by the Tigard Hearings Officer on Mon-
Tigard, OR 97223 day, November 9, 1992, at 7:00 PM at Tigard Civic Center - Town Hall,
13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written tes-
timony is invited. The public hearing on this matter will be conducted in
accordance with the rules of Chapter 18.32 of the Tigard Municipal Code,
and rules and procedure of the Hearings Officer. Failure to raise an issue
in person or by letter precludes an appeal, and failure to specify the
AFFIDAVIT OF PUBLICATION criterion from the Community Development Code or comprehensive Plan
at which a comment is directed precludes an appeal based on that
STATE OF OREGON, ) criterion. Further information may be obtained from the Planning Division
COUNTY OF WASHINGTON, )ss' at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 639.4171.
1,~Iudith Koehler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the
a newspaper of general circulation as de med in ORS 193.010
and 193.020; published at Tigard in the
afoai~2coanhr. apfAl.1tkthat the
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for onp successive and
consecutive in the following issues:
October 29, 1992
PUBLIC HEARINGS
CONDITIONAL USE CUP 92-0004 LORINC (NPO #7 & 3) A request
for a Conditional Use approval to allow the conversion of an existing
single family residence into a residential care facility. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.50,
18.100, 18.102, 18.106, 18.108, 18.114, 18.130, 18.150, and 18.164;
Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and
8.1.3. LOCATION: 12435 SW 121st Avenue (WCTM 2S13BB, tax lot
6900). ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows
single family residential units, public support facilities, residential treat-
ment homes, farming, manufactured homes, family day care, home oc-
cupations, temporary uses, and accessory structures among other uses.
Subscribed and sworn before me this 29. day of October 1992
r L.~2~2i4~ut
Notary Public for Oregon
My Commissio' xpires:
AFFIDAVIT
TT7386 -Publish October 29, 1992.
. . N.
0 0
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Joe & Kathy Lorinc for ) FINAL ORDER
a conditional use permit and variance for a residential care )
facility at 12435 SW 121st Avenue ) CUP 92-0004
in the R-4.5 zone in the City of Tigard, Oregon ) VAR 92-0019
I. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit for a residential care facility.
The facility now accommodates five elderly people. The applicant proposes to enlarge the
facility and provide five additional bedroom/bathroom suites and increase the resident
population to ten elderly people. A small porch at the rear of the proposed addition extends
2 feet into the required 15-foot rear yard setback. The applicant requests a "flexible
setback" variance to allow that porch. The applicant also requests reduction in parking
requirements.
A public hearing regarding the application was held on November 9, 1992. City staff
recommended conditional approval of the subdivision. No one else appeared at the hearing
or submitted written testimony about the applications addressed in this final order.
LOCATION: 12435 SW 121st Avenue; WCTM 2S1 3BB, Tax lot 6900
COMPREHENSIVE PLAN: Low Density Residential
ZONING: R-4.5 (Residential, 4.5 units/gross acre)
APPLICANT AND OWNER: Joe and Kathy Lorinc
SITE AREA: About 0.34 acres
APPLICABLE LAW: Community Development Code Ch. 18.050.040, 18.050.050,
18.100.110, 18.102.020, 18/106.030, 18.106.040, 18.108.070, 18.130.040,
18.130.150, 18.146.050, 18.150.020, 18.164.030, 18.164.070, 18.164.090,
18.164.100; Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1,
and 8.1.3
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approved
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 Report dated November 3, 1992.
III. APPLICABLE APPROVAL STANDARDS
The Hearings Officer incorporates by reference the approval standards in Section III of the
City of Tigard Staff Report dated November 3, 1992.
Page 1 - Hearings Dicer decision
CUP 92-0004 & VAR 92-0019 (Lorinc)
IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
A. Hearing.
Hearings Officer Larry Epstein received testimony at the public hearing about this
application on November 9, 1992. 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.
City Planner Ron Pomeroy testified for the City. He summarized the staff report and
recommendation. No one else appeared.
C. NPO and Agency Comments.
The Hearings Officer incorporates by reference the NPO and agency comments in
Section IV of the City of Tigard Staff Report dated November 3, 1992.
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code and Comprehensive Plan.
The Hearings Officer incorporates by reference the findings about compliance with the
Community Development Code and Comprehensive Plan in Section V of the City of
Tigard Staff Report dated November 3, 1992.
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and surrounding area.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed conditional use permit and associated
parking reduction and flexible setback variance comply with the applicable criteria and
standards of the Community Development Code, provided development that occurs after
this decision complies with applicable local, state, and federal laws and with conditions of
approval warranted to ensure such compliance occurs.
In 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 92-0004 and VAR 92-0019,
subject to the conditions of approval recommended in the November 3, 1992 Staff Report.
1992.
Page 2 - Hearings Officer decision
CUP 92-0004 & VAR 92-0019 (Lorin)
0 0
AGENDA ITEM 2-
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Joe and Kathy STAFF REPORT
Lorinc to allow the conversion of an existing CUP 92-0004
single family residence into a residential VAR 92-0019
care facility with associated site improvements.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 92-0004
Flexible Setback Variance VAR 92-0019
SUMMARY: The applicants request Conditional Use approval to allow: 1) the
conversion of an existing single family residence located on a
0.34 acre site into a residential care facility; and 2) the
approval of a flexible setback variance.
APPLICANT: Joe and Kathy Lorinc OWNER: Same
12442 SW 122nd Avenue
Tigard, OR 97223
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre)
LOCATION: 12435 SW 121st Avenue (WCTM 2S1 3BB, tax lot 6900)
APPLICABLE LAW: Community Development Code Chapters 18.050.040, 18.050.050,
18.100.110, 18.102.020, 18.106.030(A)(6), 18.106.040(A)(2), 18.108.070,
18.130.040, 18.130.150(0)(17), 18.146.050, 18.150.020(E), 18.164.030(A) and (E),
18.164.070(A)(1)(a), 18.164.090, 18.164.100, and Comprehensive Plan Policies
2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.464, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Backaround Information:
This residence is currently used as a Residential Treatment Home
providing care for five persons. A Type I Home Occupation Permit (HOP
92-0002) was granted in 1992 for Joe's Car Sales auto brokerage. A sign
permit was issued in 1990 (SGN 90-0132) for the use of the existing
structure as an Elderly Care Home. A current business tax has also been
paid for this use. No other land use applications have been submitted
to the City for this site.
B. Pronosal Description:
The applicant proposes to build an addition on the rear of an existing
single-family residence. A Conditional Use permit has been requested
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 1
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to allow this residence to be used as a residential care facility
serving a total of ten disabled and/or socially dependant residents.
A portion of this expansion is proposed to project approximately two
feet into the required rear yard setback. Therefore, a flexible setback
variance is included as part of this application.
C. Vicinitv Information:
Properties located to the north, east and west are zoned R-4.5
(Residential 4.5 units per acre) and are substantially developed with
single-family homes. The parcels located to the south are
unincorporated and under the jurisdiction of Washington County. These
lots are similarly developed.
D. Existinu uses and structures:
A single family residence and detached garage are located on the site.
A circular drive passes under a covered unloading area in front of the
home. A driveway also connects the circular drive to the detached
garage near the rear of the lot. Two large cedar trees are located in
the middle of the front yard, with a number of smaller landscaping trees
and shrubs located around the residence. Tall eight obscuring hedges
are present along both side lot lines of this parcel.
III. APPLICABLE APPROVAL STANDARDS
A. Communitv Development Code:
1. Chapter 18. lists Residential Care Facility as a Conditional
Use in the R-4.5 zone.
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.
BEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 2
• •
5) The supplementary requirements set forth in Chapter 18.114
(Signs) and Section 18.120.180 (Approval Standards) Site
Development Review, if applicable, are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
3. Section 18.130.ISO(C){171 contains the following additional
Conditional Use criteria for Group Care Residential:
a. Applicable zones: single-family residential and multiple
family residential;
b. Minimum Lot Size: 5,000 square feet;
C. Minimum Setbacks: see applicable zone;
d. Height Limitations: see applicable zone;
e. Compliance with all state requirements; and
f. Off-Street Parking: in accordance with Subsection
18.106.030(A)(6).
4. Section 18.050.050 (R-4.5 Zone) requires a minimum lot area of
7,500 square feet for each detached unit. The average minimum lot
width is required to be 50 feet. Additionally, the required
setbacks are as follows: front yard - 20 feet; side yard - 5
feet; rear yard - 15 feet; garage to front property line - 20
feet.
5. Section 18.146.050 (Flexible Setbacks - Approval Criteria) states
that a minimum setback requirement may be reduced up to 20 percent
provided that the applicable standards are satisfied. These
applicable standards are:
a. the reduction shall be necessary to allow for the
enlargement or remodeling of an existing building; and
b. the proposed addition will not encroach upon an existing
easement.
6. Section 18.106.030(A)(6) (Parking) requires that one parking space
be provided for every three beds plus one space for each employee.
This code permits up to 25% of the parking spaces to be compact
parking stalls. Additionally, current Americans with Disabilities
Ace (ADA) requirements require the provision of at least one
handicapped parking stall if up to 25 parking spaces are provided.
7. Chapter 18.100.110 (Screening: Special Provisions) lists the
specifications for providing screening for parking and loading
areas. Planting materials to be installed should achieve a
relative balance between low lying and vertical shrubbery and
trees. Parking lot trees are to be planted in landscaped island
in all parking areas and shall be equally distributed on the basis
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 3
of one tree for each seven parking spaces in order to provide a
canopy effect.
8. Chapter 18.150 requires a permit and contains standards for
removal of trees having a trunk 6 inches or more in diameter
measured four feet above the ground on undeveloped residential
land. A permit for tree removal must present rationale which
complies with specified criteria in order to obtain approval.
9. Section 18.102.020 (Visual Clearance) requires that a visual
clearance area be maintained along the intersections of all public
and private right-of-ways.
10. Section 18.108.070 (Access and Circulation - Minimum Requirements)
state that the accessway must be at least a minimum of 15 feet
wide with at least 10 feet of pavement.
il. 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(A1(1)(c) states that the Director may
accept a future improvement guarantee in lieu of street
improvements.
C. Section 18.164.030(E1 requires a major collector to have a
minimum 60-80 foot right-of-way and a 44 foot minimum
roadway width, and 2-4 moving lanes.
d. Section 18.164.070(A)(1)(a) requires sidewalks adjoining
both sides of collector streets.
e. Section 18.164.090 requires sanitary sewer service.
f. Section 18.164.100 requires adequate provisions for storm
water runoff and dedication of easements for storm drainage
facilities.
B.
Applicable Comprehensive Plan Policies.
1. 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.
2. 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.
3. Policy 6.1.1 provided that the City shall provide an opportunity
for a diversity of housing densities and residential types at
various price and rent levels. Additionally, implementation
strategy number six states that the City shall provide for
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 4
opportunities for proposals to develop specialized housing for the
area's senior citizens and handicapped based on the needs of these
groups by allowing special use housing for these groups in all
development districts and by requiring thee needs of the
handicapped to be considered as a part of the Site Design Review
process.
4. Policy 7.1.2 provides the City will require, as a condition of
development approval, that public water, sewer, and storm drainage
will be provided and designed to City standards and utilities
placed underground.
5. Policy 7.3.1 provides the City will coordinate water services with
water districts.
6. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
7. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
8. Policy 8.1.3 provides the City will require as a precondition of
approval that:
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, 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.
IV. NPO & AGENCY COMMENTS
1. The City of Tigard Engineering Department has reviewed the proposal and
has provided comments which are summarized in the analysis of Section
18.164 below.
2. Tualatin Valley Fire & Rescue has stated that the applicant shall be
required to provide a diagram which accurately demonstrates the
relationship between the location of the structure and the fire hydrant.
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 5
3. The City of Tigard Building Division, Tigard Police Department and
Tigard Water District have reviewed the proposal and have offered no
comments or objections.
V. EVALUATION OF REQUEST
1. Compliance with Communitv Develoument Code.
Section 18.130.040: The creation of a Residential Care Facility in an
R-4.5 zone requires a Conditional Use approval. This proposal is
consistent with the applicable approval standards. The site provides
adequate area for the construction of the proposed expansion. There are
no apparent physical obstacles to this use on the site. Adequate public
utilities are available which presently serve this use which shall be
addressed further in this analysis. Setbacks, lot coverage, and
building height requirements of the R-4.5 zone, and the applicable
Comprehensive Plan Policies can be satisfied by this proposal.
Section 18.130.1501011171: The conversion of the existing Residential
Treatment Home into a Residential Care Facility either meets or exceeds
all lot area and setback requirements of this code section and the R-4.5
zone; with the exception of a two foot projection into the required rear
yard setback which shall be addressed later in this analysis. This site
is approximately 0.34 acres (14,8810 square feet) in area. The front
yard setback of the existing structure is approximately 36 feet. The
side yard setbacks are approximately 11 and 17 feet with the rear yard
setback being approximately 15 feet with a two foot encroachment by a
proposed rear exit door for the facility.
Section 18.146.050 (Flexible Setback) is satisfied because the
encroachment into the required 15 foot rear yard setback is
approximately two feet (13.3 percent) whereas the code allows up to a
20 percent encroachment. Additionally, the reason for this encroachment
is expansion of an existing Residential Treatment Home as allowed by
this code section.
Section 18.100.110 (Screening: Special Provisions) lists the
specifications for providing screening for parking and loading areas.
As shown on the landscaping plan, the existing landscaping will be
retained. The present landscaping and front yard fence screens the
majority of the front of the site from SW 121st Avenue. There are
numerous established trees on this site including two very large Ceder
trees in the front yard. In addition to the existing trees, existing
hedges provide additional screening from adjacent properties.
Therefore, this code section has been satisfied.
Section 18.102.020 (Visual Clearance) requires that a visual clearance
area be maintained along the intersections of all public and private
right-of-ways. The applicant proposes to retain the existing trees and
vegetation near the two driveway intersections with SW 121st Avenue.
The trees and vegetation which are within the vision clearance area
shall be either limbed up to eight feet in height or trimmed to a
maximum height of three feet to provide for adequate vision clearance
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 6
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for the driveway/right-of-way intersections. Therefore, this code
section shall be satisfied.
Section 18.106.030(A)(6) (Parking) requires the provision of four
parking spaces for 10 beds, plus one space for the one on-site employee,
totaling five required parking spaces. The location of the parking
spaces as shown on the landscaping plan is not acceptable because the
width of the paved drive is not wide enough to provide for both a
minimum width parking stall and a 12 foot wide one-way accessway. The
difficulty experienced by this site in meeting the minimum parking and
circulation standards is not the amount of available impervious surface,
but rather the configuration of this available parking. This site
presently contains enough paved area to provide parking for
approximately nine vehicles (11 vehicles if the garage is included).
However, this requires stacking of the vehicles. Although the circular
driveway provides some benefit in aiding a vehicle's ability to exit the
site under stacked conditions, this configuration does not meet the code
standard requirements.
Code Section 18.106.040(A)(2) states that the approval authority may
allow a reduction in the number of required off-street parking spaces
in housing developments for elderly or handicapped persons if such a
reduction is deemed appropriate after analysis of the size and location
of the development, resident auto ownership, and number of employees.
In a telephone with Mrs. Kathy Lorinc (co-applicant) on October 29,
1992, it was stated that the average number of visitors received by a
resident of this facility is approximately one per month. In addition,
the residents of this facility are no longer able to drive and therefore
have no need to park a personal car on-site. Staff contends that due
to both the nature of this facility, and the low probability of
noticeable vehicular impact upon SW 121st Avenue as a result of the
addition of the five proposed new beds, reasonable adjustments should
be made to the application of the appropriate standards to allow the
current configuration of the existing parking to continue to serve the
proposed use without further modification. Furthermore, the creation
of additional parking stalls, as specified by the development code
standards, would require the use of existing front yard area, probable
damage damage to or removal of the large cedar trees, and would cause
the proposed use to further deviate from the appearance of surrounding
uses.
Section 18.108.070 (Access and Circulation - Minimum Requirements)
states that one driveway is required with a minimum access width of 15
feet and a minimum pavement width of at least 10 feet. As demonstrated
on the site plan, this proposal provides a 16 foot wide accessway and
therefore complies with this code standard.
Section 18.150 (Trees) requires permits for the removal of trees. The
site plan does not indicate an intent to remove any trees from the site.
If it is the applicants' intent to remove trees from this property, a
tree removal permit shall be applied for and obtained prior to the
removal of any such trees.
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 7
Section 18.164.030(E) (Minimum Rights-of-way and Street Widths) contains
the regulations pertaining to street standards. The site is located on
SW 121st Avenue which is classified as a major collector and has the
following minimum standards (all distances are from right-of-way
centerline): 30 feet of right-of-way, 22 feet of pavement, curb and
sidewalk. There is currently 25 feet of right-of-way, approximately 16
feet of pavement, and no curbs or sidewalks.
Section 18.164.030(A)(1)(c)(iiij (Non-remonstrance) states that a non-
remonstrance may be granted if, due to the nature of existing
development on adjacent properties, it is unlikely that street
improvements would be extended in the foreseeable future and the
improvement associated with the project under review does not, by
itself, provide a significant improvement to street safety or capacity.
This application will not generate a significant increase in traffic
volume so as to necessitate the immediate construction of street
improvements. Additionally, due to the nature of existing adjacent
development, it is unlikely that street improvements will be extended
in the near future.
The applicant should be required to dedicate additional right-of-way
along SW 121st Avenue to increase the right-of-way to 30 feet from the
centerline, and to sign a non-remonstrance agreement for future
improvements to SW 121st Avenue.
Public Utilitv Concerns:
Sections 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains)
shall be satisfied as specified below:
1. SANITARY SEWER:
The site is currently being served by a public sanitary sewer
system. Therefore no conditions should be required for the public
sanitary sewer line.
2. STORM SEWER:
The only additional storm water run-off created by this
development will come from the expansion of the single family
house. The applicant should be required to meet the requirements
of the Building Department for the disposal of the storm water.
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.
Construction of an on-site water quality treatment facility is not
appropriate for this site because the parcel is small compared to
the development plan, and because the loss of area for the on-site
facility would preclude the effective modification of the existing
development on this site. In addition, requiring surface water
quality facilities on small sites would result in numerous
facilities that would become a maintenance burden to the City.
Furthermore, the applicant has not proposed any such facilities
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 8
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and there are no natural depressions or other areas of this site
that are particularly suitable for water quality facilities.
Regional facilities, funded by fees in-lieu of their construction,
would provide the required treatment with improved reliability and
less maintenance. Therefore, the applicant should be required to
pay the fee in-lieu of constructing an on-site water quality
facility.
2. Comoliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive
Plan Policies as follows:
a. Policy 2.1.1 is satisfied because NPOs #7 and #3 have both been informed
of this proposal and have been given an opportunity to comment. In
addition, notice of the public hearing specifying an opportunity to
comment has been sent to nearby property owners. The site has been
posted with a Land Use Action sign noting that a land use development
application is pending for this property. Public testimony regarding
the proposal was received and duly considered at the Hearing Officer's
November 9, 1992 public hearing.
b. Policy 4.2.1 is satisfied because the City shall require a fee-in-lieu
of the installation of an on-site water quality treatment facility.
C. Policy 6.1.1 is satisfied because the purpose of this proposal is to
provide residential care for some of the City's senior citizens and
because adjustments to parking standards have been recommended in
accordance with section 18.106.040 (A)(2) which, in this case, have
taken into account the needs and requirements of these citizens.
d. Policies 7.1.2, 7.3.1 and 7.4.4 provide that the City will require as
a condition of development approval that public water, sewer, and storm
drainage will be provided and designed to City standards and that
utilities shall be placed underground. This conditional use permit
proposal complies with these policies because such utilities are
currently in place and are able to accommodate this site modification.
e. Policy 8.1.1 and 8.1.3 provide that the City will plan for a safe and
efficient street and roadway system that meets current needs and
anticipated future growth and development. This application complies
with Policies 8.1.1 and 8.1.3 because the applicant shall be required
to dedicate additional right-of-way on SW 121st Avenue and to sign a
non-remonstrance agreement regarding a future LID to improve SW 121st.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request and proposed
modification of 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.
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 9
0 0
In recognition of the findings staff recommends APPROVAL of Conditional Use
Permit CUP 92-0004 and Variance VAR 92-0019 subject to the following conditions.
ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF
CONTACT FOR ALL CONDITIONS SHALL BE CHRIS DAVIES IN THE ENGINEERING DEPARTMENT,
639-4171.
1. Additional right-of-way shall be dedicated to the Public along the SW
121st Avenue frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of-way
centerline. The dedication document shall be on City forms.
Instructions are available from the Engineering Department.
2. An agreement shall 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 121st Avenue.
3. The applicant shall pay the surface water quality fees as established
under the guidelines of Unified Sewerage Agency Resolution and Order No.
91-47; Surface Water Management. NOTE: The fee shall be paid prior to
issuance of building permit; contact the Building Department for
additional information.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE
OF THIS DECISION.
//-3 -cd -Q-
Prepared By: Ron Potr roy Date
AssistantJJPlanner
lr j ..~~1 11-S-17-27
Approved By: Dick Bewersq~~ff Date
Senior Pla ner
HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 10
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1. Gonerol: -_r_~~-'"~~" O~.h 1A~ een ll,mrlnn rat ~~~1.11nn.. Inr )s ,n.n~~f..}.reA M~~.. /nM{ fr..iww _ r,
Sylte- ,Y...,-,,, y v r.~ r V... ---y Footing thicknesses shown on 't B. The Contractor she) I be rasDq ckreSSes shown on ina.ora'Ing;.D are minimum!. Concrete (pl".UjId((fgs«IhGI X91.. , compouna snerr 9p epDrroa rm'eaiarery,errer rrnar rYniSnrng. A: for shall be responsible (or su port of all t ' ary A. Concrete shall helve alA1q~A ~8-day field cured compresslve strerith of - s r T 1
2. Yerlfy locations of utility comectlonsr embankments and ezcavatlon3. and ezce.vetlons, 2,500ds~ ll'4+2,'u00 ps11.'` '6. ExVpt where detailed on the s ructurel drawings, reln}orcq ibnf shall not Y..r..rr B, 'At r en ttdi nod be displacbd or cut to provide clearance for penetrations, Inserts, or nge te ISf if aUS shot l be used for all concrete embednents.
2. gall: 3. Mechanical and electrical under sop 6rpta permits. A. ck}111 shalt Ge pieced In 6-, alt Ge pieced lm 6-Inch mextmunl Ilfts bM campaded toe ` eexposedl In tf,3 llnfshed i&u, than C eetthl femporetufes mlghf
TUxdar I 1. The S ecltlcafions and Oravln y Indicate the finished stlutture: Th a' maximum density of 0% D- ~ maximum density of aplfmua man c/ I F^ J slay of 0% (under slabs-on ade) and 901 lelsew Orel of DD f ~ 7. The design, fpbricafton, Installation, and removal of concrete formwork Is yr C. Adnixtpres containing 0loride $alfs"shall not be usrd. 3 city of optimun moisture contact es deters t}I'ed4binxtkTo a solely the re pons lbIIIty of the Contreotor.
r.. CoAtrxtor shed, be responsible for c+N~strucflon mattq s, plocedures,,' nd • Standard tgg. (l 1 1~ . condittgns (Including safety), except as specifically ndicated otherwise B. Sacktlll shall consist of non- o' 2, Concrete 35611 be of "Ready`-Mixed Concrete" rid shell can! eta ASihl ail consist of non-expansive, frye-draintnq, p~edofwahfly C94, 8. Anchor bolts cast In concrete shell amore to A$TM A301,
In the contract documents. I ~~lenulhrmaterfals, f;ae of de terfalsr free of debris and an(c mate lair + ! , As A# time of placement con ate shall here a slump of } maximum Ip4r AA Ct 31, MILO STEEL RQINFORlrEMENt fOR CONCRETE ANO MASONRY
S. CynstructlQn loads shall not cverload the structure nor shall they be In f 3, foot i ngs . bACess of the design Ioedingr r A. potings are slt,e4 for a maxim " I 9. All ~on refs stealf,to thoroughly ooosolt4oted dui(pg placert*nt u;tnq e a slte4 for a maximum tote load bearttq pra 4ure,of 1,000 ,
6. the Contr"for shall verify 1 materials, dimensions, and conditions B; footing shell be placed ate d 'mechgn(iat vibrator. r`. 1. Mild steel rgrnforcement for concrete and madcnry construciloo shalt be placed ced at a depth to o ftxp to local cedes, 3. s' manufpcturered, detailed, fabricated, and pldcgy In iKoordance elth the f"l of be excavation pt shplG be drq h~ fool aperefionp CpAcrete eh placed halt have a #expereturo between 50 degroes f, 70 Bu114101 t04 Rbqutr nts for Relnforced C-oncrete" (AC1318) and the
shown on the strinturel drawl gs or noted in the s aural, : The final 3" of excavation $ha specitlcetlons. In order to Ossure undisturbed Qeyraes f the tempera ftu~£rp of 'concrete ,durlhgg mixlny yrrnnsportlo " Str Manua uel St (A6 S151 andard Vr&tlce for, batblling ReldforceQ Concrete
b. Footings shati be founded (4,.f 3. Thd Contractor, shat) rlyldly adhere to all lays, codes; and ordinances sureiundisturbed Daer(ng. surfecb;. 4 i6pll nverj be I' wet thpo AO degr.¢p# F. trot higher thA1f 9b degree F, S. d At Al-.
rhfch apply to this work. soils. Conditions found t0 Owner.
8. All m ane1handled materneI components, fastener; assemblies, etc., E. the bottom surface of footings to 10.0 horlcontal, except as. obeli be handled and lost Iled In accordance with the manufacturer's y. No extpratlon shall be made to
Irstructlons and provtsloAs of applicable IC80 Research Recommendetlons. verftcte and 3.0 harntontal,.e v 0. hl1 gr0un4 oar WOO foDtlns
g. The Contractor shall Investigate the site during cleating and earthwork shalI f" free or e«panslv'e ar oplrations for filled eicavations or burled structures such as cess n mater
II to pools, cisterns, foundations, etc. t of , H. 'lo footing and slab-ph-grade c i f,roten ground, Sub-grade for
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~ ~ ~ lyht Flaislny - No. 9'04 batter. i ~ . A9af; Pa41t, 9n4 qf•:2• , c...'.. _ , , . tder_ard l ~vt df ifeA at`h J f~_ AI. g nd~la ~i.t~ S/6 i ilt l 1ha sp6n. ll) hotos Shalt. 6erPOnterod +ithln the ds6th of tho ~dim,
' • s No. 2 nod baiter (Light°framingl. w.~.,.. y. e•_'ktsfi qn4 i ~s N TI' and Dotter. I~y~ Q I v d. %am$ a¢d StrlnQgrs,= Dense No. 1 and better, Joist to Sl ll or Girder x toe Pell I~164 cr= 9.d
C~ -I - e.: f$sis ahdlla~pers - Oanse No. I and Daftef• > 5 Bjld9lnQ t4 Joist. -fog. naJl erlch @R~dt:::, _ 2*B4: 9lodln 1. AI I'2".lumDel snail oo se sd to ig{ ma;fmun ngfsfure 9 1=16d h,JAlsis of fads ~.ond nalt .1 1 ed 01sti Of Suds, 2-I t.
• content. eibdt(o9 ~$enf ( 4+... 0d•.: 1 Ali wood to conf t rlth St11,Plate to Joist" or 910dilny < fact nall! 16q / 16• c,cs
4G , . .ogncfete, masoprf or Solt shall, , De pros;urd treated per V6G Standard 25-12. l00;40 Si i PlatY * 0n npil a 4•Ibd Stud to $1 1 ?1gte t' ndl B. Gluad-lanineted.gembers'shall tie Douglas fir-Larch on equal, ( 3-16d or 4-8d
r Doubled fay Plot, - fact nalI con form! xlth AITC tbJ-70 and CS.-253-64 fabricated with vet- s Top P r uzP. Ibd l 14" t , CJ nqv. use ad nd Inter fore , 14d -
I.. hasi 1to e , .a # . Ipyi ~ ;esf Ions n 2~ p , 11a0 on t8e Da I'l 9 ~1sts fo:alate to~ noIt- 1.16d or k8~ a4a, Inaflon #If unless otherwise specl t 9 4tvI s - tes editions • fate na
drawings. A P,D ll J-16d: , C. QII plYropd'shall peCfPA cede marked to c If P rlfl1 P5' 1-66 -CelHod Joists • t0 araItoI of,tars f 4e a Pell a"P k16 Of LI`a a d X1.,...1..1 , " ► H and shell R a
Dq Standard C-0, flat;, rlfh exterior : type 91us. after td P)atd. p41l 3-BA 0. Light tfa6ar degkftq_hall, b}'coifructed rtt "tong and C4rA',~ Stv:S face ngll i64 8'16w 0.4 . groove Qlanks grado s d'Yd6 of Yr~A t R4oE Jolah to Plate - t na I f.-
+Kf Or ,406 tgls der .3-Ib4 decking. ln9,sr It ` fold' In a iY I Pe 1r atfafe .rordoel y d 1 16" ts and HPa~'+ face nail to each other 16 a .co
y, spaced and oe ched. d joints with each plank bearing 0o at ;fay r top and be _ PRort). least.one'fu ~oubla and triple Stud Column • fate mall to aach other 164 240 t.
stag red 8q)II-Up Beams and Girders 5' 204 J1" a,cr
sfo red top, *4 bQt o1 and 2 ~~04
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