Resolution No. 82-26 RESOLUTION NO. 82-_2_(0
BEFORE THE CITY COUNCIL OF TIGARD, OREGON
IN RE: Appeal of ST. ANTHONY'S) SDR 26-81
KELLY CENTER )
FINAL ORDER
THIS MATTER came before the Tigard City Countil on March 8,
1982 for review by the City Council of a Tigard Planning
Commission action as requested under §18.84.250(b) (3) of the
Tigard Municipal Code (TMC) regarding site design approval of
the ST. ANTHONY'S KELLY CENTER, File No. SDR 26-81.
The original decision from which an appeal was initially
taken was made by the Tigard Planning Director on December 14,
1981, for Site Design Review, under TMC Ch. 18.59. The subject
property is located at 9905 S.W. McKenzie (Washington County Tax
Map 2S1 2BD, Lots 100, 200, 300 and 400) .
The Tigard Planning Director approved the site design with
conditions. On February 3, 1982, St. Anthony's Parish filed a
Notice of Appeal to the conditions of the Site Design Review
approval on the grounds certain required public improvements
were excessive.
The Tigard Planning Commission held a public hearing on
March 2, 1982, as provided by TMC §18.84.250(a) , and voted
unanimously that the matter be forwarded to the City Council with
the following recommendations for changes 'in approval of conditions
1 to 3, to wit:
1. 99W ingress/egress be eliminated and moved to S.W.
Johnson Street. Plans for these changes shall be reviewed by
the Public Works Director.
2. St. Anthony's Church shall petition the City of Tigard
_ to form a local improvement district for the improvement of S.W.
RESOLUTION NO. 82-_2� 1
i McKenzie Street and S.W. Grant Avenue. Improvements to S.W.
Johnson shall be considered with Phase 2 of this project.
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3. Applicant shall submit detailed parking computations
to the Planning Director. Note the "improved" conditions of
each existing parking lot. Reference the Tax Lot and existing
t use in relation to the Code Parking Requirements.
The Planning Commission, the Planning Director, and the
applicant were all satisfied with the remaining conditions, and
they were not at issue before the Council.
The City Council held a hearing on March 8, 1982 and made
its decision based on the following g P Findings of Fact developed
by the Council, to-wit:
FINDINGS OF FACT
The design review site plan approval criteria are set forth
in TMC 518.59.060(d) and, based upon the record made by the
Planning Commission, the Council finds:
1. The applicant is proposing to construct a 13,000 square
foot multi-purpose center in two phases. Phase I, to be con-
structed as a part of this application, will be 6,000 square feet
in size and provide meeting rooms with a capacity for 200 people.
Phase II, to be constructed in the future, will be 7,000 square
feet in size and will include a gymnasium and additional meeting
rooms;
2. The church estimates there will be 40 to 50 different
user groups, and the Council believes that estimate;
3. The property is circumscribed by State Highway 99W on
the east, S.W. McKenzie Street on the south, S.W. Grant Street on
the west, and S.W. Johnson Street on the north;
4. State Highway 99W is a major four-lane arterial with a
center traffic refuge for left turns;
5. The entrance to the school is on State Highway 99W and
is between two intersections--a major intersection at S.W. Johnson
Street, which is signaled, and an intersection at S.W. McKenzie
Street;
6. A large commercial development has been approved across
Hwy. 99W from the school and the amount of traffic and the number
of turning movements will increase;
RESOLUTION NO. 82-_,L(` 2
7. Left turns into and out of the school property on Hwy.
�- 99W are very dangerous at present due to the heavy traffic
volumes and the proximity to the intersections, and this situation
will become more serious when the commercial center is constructed
across the highway from the school;
8. Left turns out of the school property require crossing
a left turn refuge lane on Hwy. 99W, and this is illegal;
9. Signing will not stop left turns onto Hwy. 99W;
10. TMC §18.59.060(d) (2) (C) specifically requires that
projects provide a "safe environment for those people utilizing
the development and for the immediate neighbors or community as
a whole";
11. The City Council has adopted a policy that public
improvements must be made as a part of the project. Specifically,
the policy requires half-street improvements as a condition of
all development;
12. This proposal will increase the number of turning
movements on Hwy. 99W and will increase the traffic on McKenzie,
Johnson and Grant Streets;
13. The church owns 481 feet on McKenzie Street, 708 feet
on Johnson Street, and 488 feet on Grant Street plus a parking
lot on the south side of McKenzie Street. The total front
footage owned is 2,035 lineal feet;
14. The church argues that the improvement costs will be
approximately $234,800, based on cost estimates from the Multnomah
County Design Construction Supervisor. The City Engineer refutes
these estimates with actual data from construction projects in
Tigard, and estimates the cost to be $75,000: The Council
believes the City Engineer;
15. The improvement costs, as related to the church budget,
would create a hardship if there were no provisions for paying
the costs over time and the Local Improvement District law
provides for payment over time;
16. The primary traffic impact of this proposed use will
be on S. W. McKenzie Street;
17. Phase II of this proposal, on the other hand, will
create an impact on Johnson and Grant Streets;
18. This application, with the conditions set forth by the
Planning Director, complies with the other criteria set forth
in TMC §18.59.060(d) ; and
19. There was no public testimony in opposition to this
application.
RESOLUTION NO. 82-.) 3
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CONCLUSIONS
This application can be made to comply with the provisions
of TMC §18.59.060(d) and the Council's policy of requiring
improvements at the time of development by adoption conditions
of approval.
ACTION
It is ORDERED that the City Council approves this applica-
tion subject to the following conditions, to-wit:
Conditions
1. Access
a. That access to Hwy. 99W from the site be limited to (�
right turns only, both to and from that highway;
b. That the Oregon Department of Transportation be
requested to install an island on Hwy. 99W to the same level of
improvement as that at the former Sambo's Restaurant on that ,
highway; g
C. That the access requirements to the site be .reviewed ff
at the earliest of the following periods:
(1) The development of Phase II of St. Anthony's;
(2) The improvement of S.W. Johnson Street; or
(3) The end of five years from the grant of this
permit.
d. That unless an authorized representative of the
Oregon Department of Transportation commits to a median island
as described in b. above no later than September 1, 1982, the
access to Hwy. 99W from the St. Anthony's Church, school and
Kelly Center shall be closed. Thereafter, all access to such
uses shall be from streets and roads other than Hwy. 99W.
2. Improvements
a. That the applicant shall petition the City of Tigard
to form a local improvement district for the improvement of S.W.
McKenzie Street from Hwy. 99W to S. W. Grant;
b. That the applicant shall sign a nonremonstrance
agreement to a local improvement district on S.W. Grant, from
S.W. McKenzie to S. W. Johnson Streets;
RESOLUTION NO. 82-_aL 4
C. That the applicant shall sign a nonremonstrance
agreement for the formation of a local improvement district on
S.W. Johnson Street from Hwy. 99W to S.W. Grant Street, and
that such improvement be initiated by the applicant either as
a part of Phase II of the St. Anthony Kelly Center project or
five years after the date of the approval of this permit,
whichever is later.
3. The applicant shall submit detailed parking computations
to the Planning Director. Note the "improved" conditions of each
existing parking lot. Reference the Tax Lot and existing use in
relation to Code Parking Requirements.
4. No Occupancy Permits shall be issued until all conditions
upon this development by the City of Tigard have been satisfied
and inspections verifying this have been carried out by the
appropriate department.
5. No changes will be made to approved plans or specifica-
tions unless formal application is made to the appropriate City
Department and changes are approved by that department. Applica-
tion for changes will be made in writing and shall include
applicable drawings.
6. Grading and construction plans for all work in public
right-of-way and all other public improvements shall be prepared
by a registered professional engineer in accordance with City
standards, and shall be submitted to the Public Works Department
for review.
All public improvements specified above will require a
Compliance Agreement and must be (design) approved by the Public
Works Department. Said improvements shall be either:
(a) fully and satisfactorily constructed prior to
issuance of Building Permits; or
(b) bonded to the City for 100% of the estimated cost
thereof prior to issuance of Building Permits.
Have applicable LID petition completed and signatures on all
non-remonstrance agreements prior to issuance of building permits.
7. All street and parking areas shall be concrete or
asphalt. All sidewalks shall be concrete.
8. No minor land partitions shall be made in reference to
this project unless formal application is made to the City of
Tigard Planning Department and the minor land partition is
approved and recorded.
9. Necessary dedications of property along the rights-of
way of abutting streets shall be made as follows:
--S..W. Johnson Street: additional five feet from Tax
Lots 100 and 200, providing
25 feet from the centerline
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--S.W. McKenzie Street: additional five feet from Tax
Lots 200, 400 and 800 providing
25 feet from centerline
--S.W. Grant Street: additional ten feet from Tax Lot
200 providing 30 feet from
centerline
10. Internal Circulation: The applicants shall work with
the City of Tigard to establish an internal circulation plan to
be submitted as a design review application and acted upon by the
Director no later than December 1, 1982. If the access from the
site to Highway 99W be closed under condition 1(d) , above,
additional access onto either S.W. Johnson or S.W. McKenzie shall
be provided as part of the site design review application submitted
to the Director and shall specifically address issues of
accessibility, safety, and aesthetics.
It is FURTHER ORDERED that the Planning Director be and he
hereby is authorized and directed to file this Final Order in
his files and with the City Recorder and to give notice of the
/^ final decision as provided by TMC 18.84.130.
PASSED: By the City Council by tin an �7 o cc s vote of Council
members present
this �� —� day of /-1
1982.
Recorder - City of and
SIGNED: By the Mayor this -2.2-1 day of 1982.
ent of Council - City of Tigard
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RESOLUTION NO. 82-.2k 6 ,