CUP2009-00002 Decision - St. Anthony's Church Parking Lot Expansion 120 DAYS = 12/18/2009
DATE OF FILING: 11/4/2009 ��
DATE MAILED: 11/5/2009 W �
CITY OF TIGARD � �
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Number: CONDITIONAL USE PERMIT CUP 2009-00002
Case Name: ST. ANTHONY'S CHURCH GRANT AVENUE PARKING LOT EXPANSION
Applicant's Name/Address: Ankram Moisan Associates Architects 6720 SW Macadam Avenue Portland OR 97219
Owner's Name/Address: Roman Catholic Archbisho of Portland in Ore on 2838 E. Burnside Street Portland
OR 97214
Address of Properry: 12515 SW Grant Avenue Ti ard OR 97223
TaX Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S102BB,Tax Lots 01600 and 01700.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REOUEST FOR
A CONDITIONAL USE. 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 OCTOBER 26, 2009 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 requested Conditional Use Permit approval to expand the e�sting 49-space accessory
parking lot, permitted under CUP97-00007, onto the subject 24,879 square-foot vacant lot for a total of 87 spaces. At
the October 26, 2009 public hearing, the Hearings Officer approved this request, subject to modified
conditions of approval contained within this final order.
Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code Chapters
18.330, 18360, 18.390, 18.510, 18.705, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810.
Action: ➢ ❑ Approval as Requested ❑x Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
❑x Owners of Record within the Required Distance ❑x Affected Government Agencies
❑x Interested Parties ❑x 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 Permit Center at City Hall.
Final Decision:
THIS DECISION IS FINAL ON NOVEMBER 5, 2009 AND BECOMES
EFFECTIVE ON NOVEMBER 21, 2009 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
stancling as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2.
of the Tigard Community Development Code which provides that a written appeal together with the required fee
shall be filed with the Director within ten (10) business days of the date the notice of the 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 NOVEMBER 20,2009.
Questions: If you have any questions,please call the City of Tigard Planning Division at (503) 639-4171.
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B�FORE THE LAND USE HEARINGS OFF�C�R
FOR THE CrTY OF TTGAR.D, OR.EGON
Regarding an application by �t. Anthony's Catholic Church) F Y N A L O R D E R
for a conditional use�ez•mit to expand an existi�ig parking ) CUP2U09-00002
lot at 9870 SVLT Johx�saz� Street oz�to an ac�jacez�t pazcel ) ( Sf. Antho»y's
�t Z 2S 15 SW Gra�xt Aveza�ie in the City of Tigard, Oregon ) Parking Lot)
A. SUMMARY
1. Arc�litect Drew Rocker�led the application for St. Anthony's Catllolic Churcl� (the
"applicant"). The applical�t requests appro�al of a conditional use permit ta �xpand the existing
49-space accessory parlcing lot at 9870 SW Johnson Street onto a vacant 0.57-acre parcel at
12515 SW Graiat Avenue. The Iega� descriptian of the parceis is Washington County tax lots
01600 (4870 SW Joh�ison St�•eet) az�.d 017Q0 (12515 SW Grant Aventie), 2S102BB (collec�ively
the "site").The site and surrounding properties to the nortll, sauth and west are zoned R-4.5
{Lovv-D�nsity Residenfial), Properti�s to the east, across Crra��t Avenue, are �oned R-12
(Medium-Density Resideiitiai).The applicant proposed to construct the parking 1ot expansion on
the sout�easteria portion of tax iot 1700, ab�tting Grant Avenue. The northwesten�.portion o�tax
lot 1700 r�ill reinaiil undeveloped. Tl�e proposed e�pansion will result in a total 87-parking
spaces (existing and proposed) on the site. The parl�ing lot will serve the adjacent St. Anthony's
Cl��urch and Schoot, locafed southeast of the site, across SW Grant Avenue, at
9905 SW McKenzie Street. Additional basic facts about the site azad surrzounding land and
applicable approval standards a�e provid�d in the Sta£f Repor�to the Hearings 4�fzcer dated
October 19, 2009 (the " Staff Report"}, incorporated herein by reference.
2. Tigard Heariilgs Officer Jae Turner(the "hearings officer") conducted a duly noticed
public hearin�to receive testimony and evidence in the matter. At the public hearing, City staff
recomn�eilded conditianal approval of the application. Representatives o£the applicant and oi�e
area resident testified in support of the application, Four other persans testified with qu�stions
and concerns about the design o�the parking Iot. Disputed issue in this case include:
a. Whetller fhe proposed developnlent will i�lcrease tne volume a�runoff flowing
onto adj acent properties;
b. W�zether th�proposed buffer and screening comply with�he Coc�e;
c. �Wh.ether the headlights of vehicles on.the site will impact adjacent residents;
d. Whether the applicant is zequired to provide wheelstops or curbs to prevez�t
vellicles froin in�zpacting landscaped areas on the site;
e. Whether the applicant can be requ�red to modi�y landscaping in tl�e existing
parlcing lot on tax lo� 1600;
.� i
�. Wh.etl�ez�tl�.e pa�'lcix�g lat and vacaz�t area will be an attractive n�.lisance and
p�-ovide a l�aven fo� crimi�lal activity;
�. Wi�.ell�er secuzzty lights oz��:I�e site wi11 iinpact adjacent properties;
1�. Wl�etl�er t13e applicaz�t is reqL�ired to p�'o�ide a mix of co��lpact and s�andard
si�ed par�Cing spaces on tl�e sile;
i. Wlaether t��e ptoposed parlciilg spaces are subject ta the dimensional standards
in TDC Figure 1$.765.1; and
j. Whether the applicaiit provides a sufficzent num.ber of ADA accessible par�cing
spaces, based on the total z�umber of parlcing spaces serving the churcl�and school.
3. The hearings a�f�cer coilcludes t11at the applicant sustained the burden of proof that the
application complies with the applicable approvai criteria for a coz�.ditional use pezmit based oi1
tl�e �iz�dings a��d conclusio�ls included and incorporated herein arid subjec#to conditions at the
eild of tilis final order.
B. HEARING AND RECORD
1. The heazings officer l�eld a duly noticed pu�Iic hearii�g an October 26, 2009 to receive
ai�d corlsider public testinzony in this matter. Tl�e reco�d includes a wi�ness list, xz�aterials in t11e
casefile as of fihe close o�the record, ix�cluding n.�.aterials subx��itted a�ter tk�e hearing, and an
audio record o�tlle l�earing. A#the beginning of the hearing, the hearings officer made the
declaration required by ORS Z97.763. The hearix�gs o�ficer disclaimed any ex parte contacts,
bias or conflicts of interest. The following is a sun�mary by the hearings of�cer of selected
relevant testinlony offered at the hearin�.
2. City plannEr Gary Pagensteclzer summarized the Staff Report and responded to
testimony.from the applicant's z-epresentatives. He noted that#he City originally approved a
parlcing lot ozl the site in 20D7. The applicant built the portion of the parking lot on tax Iot J 600.
With this application, the appiican�proposes to modify the exzsting parking lot on tax lot 1600
and provide additional parking spaces an the soutlzeastern�ortion of tax lot 1700.
a. In response to a question from the hearings officer, he noted that the applicant
is required to provide a certain number of ADA accessible parking spaces based on the total
number of parlcing spaces serving the use. He opined that the applicant l�as sufficient existing
ADA spaces on the adjacent church/schoal site.
b. He agreed r�vil;h Mr. Rocker that the proposed head-in parking spaces are
sub�ect to the diz��.ensional standards of TDC 1$.765.040N(�), rather than TDC Figure i8.765.1.
e. He agreed with Mr. Racicer that the�arlcing spaee overhang will not e�ctend into
the requized buffer area. However�rellicles will ext�nd into the required Ianc�scaped buffer uniess
t��e ap�Iicant silifts the curb or provzdes a wheel stop as required by TDC 18.765.040.J.
CUP2009-00002 Hearings Officer Firial Orcler
(St, 1���thony's Par�king Lot) Page 2
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d. He ��oted tl�at the applicant's proposed buffer is insL�f�"icient to con�ply witk�tlae
requireinei��s for a Type D buffer in TDC Table 18.745.2. Tlais Table provides tl�i•�e options to
fulfill the Type D rec�uirement: a ten-foot wide b�i��ex aild a six-foot wall; a 15-faot buffer and a
six-foot fence; or a 20-foot buf:fer and a six-�oot hedge. The applicant proposed to provide a ten-
�oot btiif�er a��d� six-faot fence. The applicant could propose an alteri�ative buf£ex'pursuant ta
18.745.OSO.A(3). But the current Uuf�er proposal is uladequate ta camply witl�the Code. Tii the
alte�-native, tl�e applicant could replace the proposed fence with a six-foot wall. A six-incl� wide,
double sided, fence can qualify as a wall as de�ii�ed by TDC 18,7450SO.B(8).
e. He expressed concern that the proposed fence, iocated two to three feet from
t11e ec�ge of fhe buffer, may lin3it the mature size of th.e laz�dscaping and zeduce t11e ef�ectiveness
of the buffer la�Idscaping. Tl�e applicant sliould be required to move �he fence to the edge of tl�e
buffer to za�.aximize tlie area available for landscape growt�l,
f. He noted tha�the applicant is required to provide an additional tree or other
verti.cal shzubbezy along the site's Grant Avenue fron�age to complywith the screening requirements
of TDC 18.745.050.E. Ha�rever the v�hicle overhang area of the three parking spaces located along
SW Grane Avenue appear to extend into the buf£er area. Condition of approval 5 requires tha�the
applicant provide a revised plan that complies with the screening requirement and elimu�ates the
vehicle overhang within the buffer,
g. He argued that the Gity has jurisdictian to require iinprovements to the existiz�g �
�arlcing lot oiz tax lot 1600, because tax lot 1600 is part o�the current application and the
�pplicant zs praposing revisions to that paxkii�.g lot.
3. Architect Drew Rocicer and St. Anti�ony's Buildiilg Conlinittee Member 7ohn L. Coolc
testified for the applicaz�t.
a. Mr. Rocicer accepted the findings and conditions i��. the Sta�f Report, with
certain exceptions. He testified that the applicant must remove five af the existing parking spaces
along the southern border of tax lot 1600 in order ta expand the stormwater swale. The applicant
will remove additional spaces along the southern boundary of tax lat 1640 to provid� access to
the expa.i�ded parking lot on tax lot 1700. The proposed expansion will result in a total of 8`7
parking spaces oz� the site. The applicant previously constructed frontage irnprovements along
the site's Grant Avenue frontage. Th.e applicant will replace fl�e existing"speed table" wit13 a
��aised crosswaIlc tneeting City standards.
i. He noted that the applicant proposed to provide head-in,rather than
ailgled,parlcing spaces on the site. Theze�oze parlcing on this sit� is subject to the parlcing space
dimensional zeqLiiren�ents af TDC 1S.7b5.040N(1),rather than TDC Figure ].8.765.1, H�
requested the hearings officer modify condition of approval 2 to that effect.
ii. He testifzed that the proposed parking spaces will not impact the
rec�uired biiffer areas along the boundaries of tl�e parl�ing lot.
� CUP1009-00002 Hearings 4�cer Firta!Ot•der
(St, �nthony's Parking Lot) Page 3
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iii. He i-equested t1�e hearings afficer delete condition of approval3, which
requires that the applicant provide a 50150 mix of compact a��d standard sized pazl�ing spaces oz�
� tlie site. Although the applicant proposed to pzovide all compact spaces on tllis site, t11e applicant
. provides z��.o��e that� 200 stazldard sized parkiilg spaces on the churchlschool site across Grant
Aven��e f'rom tlle site. Therefore more than 7d-percetit of the parlcing spaces serving tl�e
chi�rch/school are standard sized spaces, well over the minimum 50-pex�cez�t xequirement of the
Code. The applicant could redesign the pa1•lczng lot on the site to pravide a 50/50 nzix of compact
and staz�dard sized parking spaces on tliis site. But the appiicant would need to restripe tk�e
pa�•lcing lot across the st�eet to pxovide additiox�al compact parking spaccs on that sifie and fulfill
tl�e applicant's overall parlcing i�eeds.
iv. He rec�ues�ed tl�e]aearit�gs of�'icer delete conditioi� 6, which requires an
additioz�.al l��adscape islaild in the parlciizg lot on tax lot 1b00. The City has no jurisdiction�o
rec�uixe additional inZprovements on tax lot 1600, because no x�ew developmer�t is proposed on
tllat iot. Tn addition, the applicazlt cannot provide a landscape island on the east end of the
iz�.tezior parl�ing stalls �vithaut impacting the�ipes serving the existing catch basi�� on tax lat
1600.
v. He agreed 10 provide a pedestriai� connecfioi�between the parlcing lot
az�.d the Gra11t Avenue sidewalk to facilitat� access to the crosswallc neaz�the southwest cornEr of
the site as recon�z�-�ended iz� tl�e Sta£f Report.
vi. He testified that tl�e applicanf proposed to construct a six-foot l�igl�
fei�ce between tlze edge of the pa����in.g lat axad tl�e remainii�g, undeveloped, portian of tax lot
1700 ii� order to ensu�'e thaf headlighfs from cars an tlie site da not shine into the homes on
adjacent prop�rties. He agreed to install a gate in tl�e �ence ta allow access to the L�ndeveloped
portion of tax lot 1700 �or maii�tenance purposes.
vii. He agreed to a condition of approval requiring the applzcant
deinonstrate coinpliaiice with the ADA parlcing reqtYirem�nfs based on the total number of
parlcing spaces serviilg tlle chuich and school.
viii. He argued that the proposed development will not increase, and inay
reduce, tlie voliime of stormwater flowing onto adjacent properties. The site currently slopes
towards neighboring pro�erties. The applicant proposed to grade the parking 1ot to flaw away
fi•om adjace��t properties and iowards a catch basin near the cente�- of the site. I�necessary, �he
applicant can instali ai� area dxaiz� near the west cori�er of the site to collect r��rioff and ez�s�ire the
d�velopment do�s not iz�.creas� ruiloff onto Ms. Tubbs' property.
ix. He noted that the adjacent properties to the northwest of the site are
Iower than tlle site. Thezefore relocating the fence to the property line will reduce the e�£ective
height of the�e��ce aild allovv tlie headli�hts of vehicles iz�. the parlcing lot to shine into adjacent
l�oines. He agreed to mave tl�e £ence to the edge of the buffer to accommodate growth of the
proposed buffer landscaping. The applicant will shift the fence to Lhe east edge of the buffer
where the adjaeeiit properties are lawer thail the site anc� to the vc+est edge of the buffer where the
adjacent pi•operties are higher than the site.
CUP2009-00002 Hearings O�cer Final Order
(St. tlnlhaly's Parlcirig Lot) Page 4
� `)
x. He testified ti�at the applicant will light the parkiz�g lot a�night for
security puiposes. Tl1e applicant will design and silield ihe lights to shine dovcrn�vard and �nsure
they do not cast glare o�7to adjacent properties. T11e a��licant cannot preclude pedestrian access
to tlae paxlci��g lot. Howevez, if z�.ecessary, the applican.t can.provide a cl�ain or otller barrier
across the driveways �a prev�nt vehicu�ar access when fhe Churcl�is i�ot using tk�e parlci�g lat.
b. Mr. Coolc argued that irmpz•ovements to the swale on tax lot 1b00 are not
"substantial improveinents" suffici�nt tio justify modifications to �h� �xisting parking lot.
4. 7ia��Muz�-ay questioned wl�ether tl�.e applicant will nlaintain the vacant area an the west
ei�d of tax lot 1700. IIe expressed concern thaf fencing off this area will cr�ate a hidd�n area on
the site that will provide a haven fo�crzminai activity. Peppie can climb the fence to access this
1lidden area, He questioiled how the applicant will access tlnis vacant area for main�enance. H�
expressed concern that the proposed parking lot will increase drail�age and flooding problems an
hzs property��or�h of the site. The site currently drains towards his�roperty. The parking Iot will
b� substantially higher than his property and the isew impex�ious sur�ace area will inc:rease fhe
volume of runoff.
5. Jizxx Brown opiz�.ed that the parking Iot is needed to alleviate an existing safety hazard.
On street parlcing on Grant Avenue limits visibility for drivers and pedestrians. He has seen
several accidents i��tl�e ax-ea as a result of on�street parking activities. The proposed parking lot
will eliininate tlze i�eed for on-street parlcing.
6. Kim TLibbs expressed concern that headlights fronz cars in the parlcing lot may shine
into her honle, located southwest of the vacant portion o�F tax lot 1700. Her property is lower thai�
the site and her home is angled towards the site, so headlights of vehicles on t11� site vvill shir�e
i��to iler windows. Developinent oz� tl�e site nnay inczease tl�e voluzxie of water flowing onto her
pro�e��ty. The site slopes towards her property and directs stormwater ruiloff ii�ta her yard. The
ditch adjacent to l�er driveway is near capacity ui�der existing conditions. Creatzng additzanal
paved areas on the site will increase the volunie of stormwater runoff from the site. She testified
that people often use tlle existing parking lot to light firewoz'lcs az�d o�her illegal activi�ies.
7. Tixn McCarthy expressed concerns with the security of the�arking lot. He has
observed drug deals occurring in the e�isting parlcing lat on tax lot 1600. E�panszon o�the
parkizzg lo� oz�to tax lot 1700 may exacerbate the problem. He questioned whether the a�plicant
r�i11 install security cameras on the site.
8. Robert Bogden testified that there is a heavy flow of storxnwater drainage across the
site under existing cond'ations. He axgued that the applicant should not be allowed to light the
Lindeveloped area in the rear of tax �ot 170d.
9. The hearings officer closed the record at the end of t11e hearing and annaunced his
intention to approve the application subject to conditions.
. CUP2009-00002 Hearings O�cer Fi�aal Order
(St.Arzthony's Parlcing Lot) Page 5
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C. DYSCUSSION
1. The Staff Report identifies tlle applicable approval criteria for the application and
applies then�to tl�e record in the case. The hea�ings of�ice�•agrees that the standards identifed in
the Staff Report are applicable and finds tllat they are corr�ctly applied ta the facts af the case in
the Staff Report. Substa�ztial evidence in tlie record shows that the proposed use does or can
comply with the applicable appzoval criteria�oz a CUP and adap�ion of recon�razei�ded conditions
of approval as ainended will ensure final plans ar� subrr�itted and implemezated as approved
coilsistent with those criteria ai�d standards and wiil prevent, reduce or mitigate potential adverse
impacts of the development consistent with the requirements of the TDC. The hearings officer
adopts tlie fiz�.dings arzd conclusia�ls in the �taff Report as l�is own, except to the extent
inconsistent r�vrth the follovcring �'indings.
2. Several persons expressed concerns with existing runoff aild stormvvatier ponding
problems in t�Ze axea. The applicant is not reqL�ixed to rexz�edy all existing and pez-ceived
probleins. The Code oniy prohibits the applicant fram making things worse. Hawever the
hearings officer finds that the proposed develapmer�t wili not increase the overall vo�ume of
r��naff flowi�ag o��to adjacent pzoperties. To tk�e contrary, the proposed developznent is Iilcely to
reduce fihe averall voiume of stormwater runoff flowing onto adjacent properties. The
topogz�aphy xnaps iz� tlae record demor�strate that stormwater failing on this site flows downl�ill to
the west, and i�orthvvESf, onto tl�e adjoinii�g propErti�s, under exfsting conditions. The applicant
pzoposed to grade tk�e pazlciz�g lot to dizect storn�.water runoff away from sui�oundin�properties
and towards existing and proposed catch basins. The catch basins wili pipe the collected runoff
to a s�ornlrvater facility in the ilortheast corner of tax lat 1b00 for trea�nent, detention and
discharge to the public storm sewer system at less tl�an predevelopznent xates. The proposed
stormwater facilities will capture runoff tha.t would otherwise flow onto adjacent praperties and
divert it to the storn�wate��facility. The vacant por�ian af tax iot 1700 will continue to dz-ain
towa�ds adjacent propertiies. But the n�w impervious areas of the site will drain to the stormwater
facility, significantly reducing the�otal area af the site that drains towards adjacent properties.
3. The hearings afficer finds that headlights of vehicles operating on the site will not
inlpact adjacent residei�ts. The applicant proposed to install a six-foot high fence or wall and
lan.dscaping along those boundaries of the site abutting residential uses. See Plan Sheets A104
and L1.0. Where t11e site is higher than adjacent properti�s, the height a�t�e �ence must be
measured fro�x�.the level of the parlcing lot:TDC 18.745.050.D(2). This will ensure that the fence
is tall enough to l�locic th� headlights of vehicles on the site.
4. The hearings afficei� finds that the proposed landscape buffer does not comply with tiie
Code. The applicant is required to provide a Type D buffer between the proposed parking lot and
the adjacei�t residential uses. The proposed ten-foot landscape buffer and six-foot Fence does not
constiitute a Type D buffer as defii�ed by TDC Table I8.745.2.D.
CUP2009-00002 Hearings Off:cer Final Order
(St. ,4ntlxony's Par•lcing Lot) Page 6
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a. The hearings officer finds that the appli�az�t ca�� n�odi�y the buffer desigil to
con�ply with tiie Code. The applicant can�-eplace tl�e px�aposed�'ence wi�11 a six-foot wall, expand
the widtll of the landscape buf�ez ax propose an alternative buffer pursuant to 18.74S.OSO.A(3)
t��a� a�fords t��e same degree of buffering and screening as a standard Type D bu�Fez'. Tl�is is
required by coizdition of ap�roval 6.
b. The applicant should be reqtiiired to locate the fence/wall at the edge af the
bliffe� as sliowz� i��TDC Table 18.745.2 ii1 order to provide sufficient area for the �andscaping to
i�lature, The fence1wa11 nzay be lacated at either boundary of the buf�Fer, provided it is locafed at
sl�fficiez�t elevation to shield adjacent homes from headlights of vel�icles operrating o�1 the site.
Conciifioil of approval6 shauld be z��.odi�ied to that e��ect.
5, As noted in tl�e staff report, the applicant must provide additional sczeeiling along the
site's Grailt Avei�ue fi•ontage iz� order�o comply with TDC 18.745.OSd.E. The applicant will
z�.eed to revise the parlcing spaees in this area to ensure parlced vehieles do not extez�d 'u�to tl�e
landscape area. This is required by condition 7.
6. As noted in tl�e Staff Report, TDC 1&.765.040.J requires that parleing spaces along the
boiiz�daries of a parlcing 10# or adjac�nt to interior la�ldscaped areas or sidewallcs lnust be
provided witll a wheel stop located thx'ee feet bac�c from tlle froi�t of fihe parking stall to ensure
t11at parlced vel�icles do zlot overhang these areas. The applicant's plans provide a cu�'b located
�.5 f�eet back fi•am the edge of t�1e landscaped areas. The applicant should be required to relocate
the curb or provide wheel stops as n.ecessazy to allow a minimum three-foot vehicle overhang
outside of requi.red landscape and buffer areas as required byTDC 18.755.040.7. A condition of
approval is warranted to that effect.
7. The applicant proposed to �odifythe existing parking lot on tax lot 1600. Th�refore the
applicant must modi.fythis existing parking lat as necessaryto bring it irno compliance vaith tk�e
current Code, including the provision of landscape islands.
a. Condition of apprnval6 in the Staff Report requires that th.e applicant provicEe an
additional landscape xsland and two�rees at the east end of the interior parl�ian.g stalls on tax lat 1b00.
The applicant did not dispute the need for the additional trees, but e�pressed concern that a tree
island in this location may conflict with the pipes set-ving the existiz�g storm drain an tax lot 1600. '
TD C 18.7A 5.050.E(4) requires a certain nur��bex o�trees planted in islands "equally distribut�d"
throughout the parkixi.g lot. The hearings officer finds that the applicant can modifythe parlcin�Iot
landscape plan to complywith this rec�uirement while avoicfing the existing unde�•ground pipes, i.e.,
by locating the landscape island�within the center row of parking spaces,to the west of the storm
drain. Condition o# approval6 in the Staff Report should be modified to that e#fect.
CUP2009-00002 Hearings Officer Final Qrder
(Sc, ,4ritlzorxy's Parlciizg Lot) Page 7
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8. Neighboring residents expressed concerns tl�a�the paz-lciz�g lot az�d vacaz�t azea ii�tl��
z�orthwest ei�d of tax lot 170� wi�l be ai� attractiv� nuisance aild pr•ovide a ha�ven for criminal
acti�vity. The he�rings officer acicnowledges that any titnused and un.accupied open area pzes�ilts
ai� opportunity for vatldaiisin and other anti-social and criminal behavior. It is impossible to
completely eliminate s�icli activities. This de�elopment does not�ose a unique risk of such
acti�ities. Furthermore, the ap�licant designed, and can znaintain, the site to lizx�i�the potential
for such in�pacts.
a. Landscaping alo�lg the Grazlt Avenue and Jol�nsoz� Street frontages o�the site is
desigi�ed to allow s�.irveillance of the parking lot by drivers and pedEStriax�s using these abutting
s�z-eets, wl�ich will discourag�poteiltial illegal activities. The applicant will install security
lighting tllroughout the developed portion of the site, which will allow 24-hour suzveillance o�
the�arkiilg lat.
i. The applicant's Iighting diagram(Sheet ELl) demonstrates that Iights on
the site will not llave a significant impact on adjacent properties. Liglnt levels at tlae peri�neter of
tl�e site will z�ot e�ceed 0.2-foot ca�adles. The p�'oposed buffer and screening araund the perimeter
of tl�e site will fiu�ther mitigate the impact of lights on the site and limit potential glare onto
adjoining resiclential praperties.
U. Tl�e applicai�t proposed to retaiza the nortl�ern portioi� o�tax lo� 170a in its
�xistiilg, undeveloped, state. Existing and pro�osed fences and landscaping will enclose tl�is ax�ea
and screen it fzoz��view. Tl�e proposed on-site screening is i�ecessary to screen the site from
adjacent residential propex�ties and ensure that vehicle headlights do not impact adjacent
residex�ces. The applicant must balance the need for security anci surveillance against the need to
b�.tffer adjacent praperties. The hearings of�"icer firzds tl�at the proposed development strikes the
pi�ope�•balaz�ce. Any area that is screened #�rom vi�w may provide a location for illegal activity.
Howe�er this ai�ea will not pose an unusual risic of such behavior.
i. This vacant area, located in the back corner of 11�e site, bel�ind a fence
az�.d laz�.dscape buffer, will not be obvious to poteiltial trespassers. The fence will create a barriex
to all but the most deternlined trespassers.
ii. Some persans ma;y climb the fe�ice to access this area. However t11is
portion of the site is vaca».t. Potential unlaw�ul activit�es are largel�r limited to camping, graffiti
and the accumulatian of litter. The applicant can Iimit the potential for such impacts by
periodically iilspecting and clea��zng the vacaa�t area to ensure that it does not become a camping
or dumping area. A conditian of approval is warranted ta that effect.
iii. The applicant should be allowed to provide a�ate in the buffez•fence to
facilitate access to the vacant porrtzon of tax Zat 1700 for maintenance personnel and equiprrient.
Tl1e gate should be lociced at all times, except when maintenance activities az-e accuxt'ing. A
conc�itio��. of appz'oval is warranted ta that eFfect.
9. The l�earings o�ficer fiilds t11at the applicant should be required to provide a 50-50 mi�
of stai�dard and coinpact parlcing spaces on.this site as required by TDC Z 8.765.040.N.
CUA2009-00002 Hearings Officer Finai Order
(Sd. f111.11ZOtty's Parlcing Lot) 1'age 8
,
r
�
a. The applicailt argued that the Church comp�ies with tl}is requirem.e��t, based o�a
the overall mix of parl�ii�g serving the chu�-ch and sclioal. Althougl� all of the par�C��1g spaces on
tl�:e site aze designed as campact spaces, all o�the existitlg parking spaces on the church/sc11oo1
site across Grant Avenue froin the site are sta�ldard sized spaces. Therefore well over 50-percent
oF the total parlcii�g spaces on the site are standard sized spaces, consistez�t with TDC
18.765.04Q.N.
b. Tl�e l�eaziz�gs officer �i�ads tl�at tl�e applicarlt must design this parkiilg lot to
accozx����.odate the expected use o�tlae lot. The parl�ii3g lot on this site is proposed to
accon�modate overflow parlciizg den�and during large events at the church/school. Mast drivexs
parlc as close as possible to their destinatiax�; iz�this case, t�e churcl� o�' school, Therefore t13e
pazking spaces or1 the church/scllool site are likely to fi11 up first with a mix af standard and
conlpact sized vehicles. Persons arriving later will be forced to use the parking spaces on tl�is
site, across tl�e street fron�tl�e cl�uzch/scl-�ool. Late az'riving drivers will drive a n�ix of standard
a��d compact sized�ehicles, generating a need for both conzpact and standard sized parking
spaces on this site. Therefore the applicant sl�ould be zequized ta provide a mix of standard sized
parlcing spaces o�1 tl�is site to accommodate the expected demand. This is required by condition
af appraval 3.
i. Redesignixag tl�e parlcing lot on tl�is site to provide a mix of compact and
standard parlcing spaces n�ay reduce the total number of parking spaces available to serve the
churcl�/schoal use. The applicant can restripe tl�e existing pazki��g lot on the churcl�lschaol site as
necessary to ineet its overall parking needs, subject to ax�y xequired City approvals.
10. The hearings officer finds tl�at TDC Figtix�e 18.765.1 ozaly applies to "angled parlcing
spaces," based o�l the plaiil n�ea11ii1g of the�v,rords in TDC 18.765.040.N(1), which provides, in
relevant part: "Except ccs �nodified for a�agled�arl�i�ag ix�Figures �$.765.1 and 18.7b5.2, the
n�iiaiinum dinlensions for parking s�aces are..." (Emphasis added). Angled parking is not
praposed on this site. Therefore TDC �igure �8.7b5.1 is inapplicable and the parl�ing spaces are
subject to the dimensianal requirements of TDC 18.765.040.N(1).Condition of approvai 2 should
be modified io that effect.
11. Tl�e applicanti should be required to demonstrate that an adequate nun�ber of.ADA
parking spaces are provided adjacent�o the School and Church,based on the overall number of
parking spaces servir�g th�se uses. A condition of approval is wari�anted to that effect.
12. The applicant agreeci to provide a pedestrian connec�ioza between the pax�kzng lot and
tl�e Grant A�enue sidewallc to facilitate access ta the crosswalk near the southwest corne:r o�the
site as recommended in the Sta�£Report. A condition of approval is warranted to that effect ta
allow the City the opportunity to review the design of the connection..
CUP2009-OODO.Z Hearings OfficerT'inal Order
(St. A�2tlsazy's Pa��lcing Lot) Page 9
� '�
D. CONCLUSTONS
Based oiz the findiilgs and discussion provided or in.coz-porated in tl�is �"i�al ox-der, �ie
l�eariz�gs of�"icer coiicludes that t1�e app�icant sustain�d t11e burden of proof that the proposed
conditional use pern�it does or wiil comply with the applicable criteria of the Con�n�.unity
Deveiopnlent Code, provided development tl�at occL�rs aftez�thzs decision complies with
appiicable local, s�ate, and federal laws and with coz�dztions o�approval warranted to e�lsure sucli
co���pliance occL��'s i�1 fact.
�. 1��CISION
Ir� recogni�ian of the findings a�id conclusions contained herein, and incorpozatiz�g the
Sta��Repo��t and public testimony and exhibits receiv�d in this matter, the hearings off`icer
llere�y approves CUP2009-00002 (St. Anthony's 1'arking Lot}, su�ject to the �'ollowing
conditioz�s of appzoval:
CONDITiONS OF APPROVAL
THE F�LLOWING CONDITIONS SHALL B� SATTSFTEb PR�OR TO COMMENCING
ANY ONSTTE TMPROVEMENTS, INCLUD�NG GRADZNG, �XCAVAT�ON ANDIOR
FILL ACTIVITIES:
Submit to the Currerit Planning Division (Gary Pagenstecher, (503} 7�8-2434) for review
and approval:
�. Priar to issuance of a site pern�it, tl�e applicant shall subn�it a revised Site Developmeilt
P1ai1 tl�at includes a signature of approval by the project arborist for required tree
protectioz�. for t1�e propased parking lot improven�ex�ts.
2. Prior to issuance a�a site permit, th� applicant s11a11 submit a revised Site Development
Plan that shows compliaz�ce witli the required space and aisle dimensions iz�
18.765.040.N(1). ,
3. Prior to iss�iaz�ce of a site permit, the applacant skaali submit a revised Site Development
Plan that shows a maximun� of SO% of the proposed total parking spaces oz�the site as
compact spaces and marlced as such.
4. Prior to issuance of a site permit, the applicant sl�all submit a revised Site Deveiopment
Plan that shows a compliance with the vehicle overhang rec�uirements of TDC
18.76S.O�O.J.
5. Priax to issuance of a site permit, the applicant shall submit a re�vised Site Development
Plan that sl�ows a cox�.venient soft or hard path connectian be�weez��e southwes�corner
of the new parl�ing lot and the raised crass walk m SW Grant Avenue in anticipation of
an informal path that might otherwise develop to avoid out o£direction 1:ravel.
6. I'rioi•fo issuaizce of a site permit, the appiicant shall submit a Detailed Buffer Area
Landscaping aild �creenii�g�'lan consistent with the D-3 buffer type and tlle applicable
bLif�ering and screeilulg standards. If tihe plail�aries from tl�e standards, the applicant
shall demoz�stzate l�:ow the alternati�e pIan affoz'ds the san�e degree of bu£�ering and
screening as rec�uired by the code, 1'arlcing areas, including overhangs, are not allowed
wi�l�i�a ai�y required buffers. Fences or walls sl�all be located at the edge of the buffer ai•ea
to a�low suff�cient zoom �or the bu�'£er landscaping to gz'ow to �atLlre size.
CUP2009-00002 Her�rings��cer Fanal Order
(St. �inthony's Parlcing Lot) Page 10
,� `l
1
a. The applicai�t may install a gate in the buf�er �ence/wall to allow x��aintenance
persan.nel and equzpzne��t to access �he �acant portion of the site.
7. Prior ta issuance of a site pern�it, the ap�licant shall submit a revised landscape plan that
includes ar� additional tree or other venc�al shrubbeiy, spac�d ap�ropriately between the
two existing ponderosa pixze trees and which reconciles the conflict between parking stall
depth and required landscaping and screeiling along SW Grant Avenue.
8. Prior to issuance of a site permit, the applicant shall submit a revised landscape plan
inclLYdiilg an additior�al island and two trees on the site. Landscape islancis shall be equally
distributed throu hout the arking lot, consistent vvith TDC 18.7�45.054.E(�4). All proposed
interior islands s�all be su�ficient to meet the standards in the Arcl�itectural Graphic
Sta�ada�ds foz plax�ting trees.
Submit to the Developrnent Engir�eer {Gus Duenas, 503-718-2470) for review and approval:
9. Priar to issuance oF a site permit, a Public Facili�y Ixnprovennent (PFI) pern:iit is requiared
forr the p��ivate water quality a�d detention facility. Six (6} sets of detailed�ublic
improvement plans shall be submitted for review ta the Development Engzneer. N�TE:
tl�ese plaz�s should only iz�clude sheets relevant to worlc within the public right-of-way
and the water quality and detention facility. Public Facilitiy Irnprovem�nt (PFI) permit
plans shall canform ta City of Tigard Public Irnprove�ent Deszgn Standazds, which aze
available at City Hall and the City's web page (www.tigard-or.gov).
10. Tlle 1'F�perini�plan submittal shall include the exact legal name, address and telephone
number of the individual or corporate entity wl�o will be designate� as t�e "Perznittee",
and who will pravide the financial assurance for the public im�rovements. For exam�le,
specify if the �ntity is a coi�poration, limited partnersllip, LLC, etc. Also specify the state
vvithin whicl�the ezltit� zs tncazpozated an.d provide tlie name of the corporate contact
pe�•so��.. Failure to provide accurate information to the Deveiopment Engineer will delay
processzng of�zoject documents,
11. Prior work authorized in the SW Gzant Avez�ue right-of-way under Engineeriz�g Peznnii:
No. ENG 2008-00107 issued for the half street iinprovements, iizcluding the speed
table/crosswalk must be completed and approved prior to iss�tance of any permrts for this
project.
12. The applicaz�t shall p�ovide a construction vehicle access and parlcing plan for approval
by the City Engineer. The purpose ofthis plan is for parking a�nc�trai��ic coz�tro� during
bofh t11e public a��d pz'zvate z�nn.pravexr�ent construc�ion phases,
13. The applicant shall provide an on-site water uality facility as required by Clean Wa�e�
Se�vices Design and Construction Standards�(Resolution and Order No. 07-20): Final -
pla�s and calculations shall be submitted to the Developxz�ent Engineez• (Gus Duenas) fa�-
rev�ew and approval pzior to issuance of the site permit
14. The applicant shall p�ovide an on-site detentioi� facility as required by Clean Water
Services Design and Ca�struction. Staxldards {Resnlution and Order No. 07-20). Final
p�ans and calculations shall be submitted�o the Development Engineer (Gus D�.ienas) for
review and approval prior to issuance of the site permit.
15. An erosio�� control plan sl�all be pxovided as part of the Public Facility Improvement
(PFI)permit drawings. The plan shall conform fo Clean Water Services Design and
Construction Standards (Resolution and Ozdez'Na. 07-20, Chapter 2).
16. The applicant shall denlonstrate that an adequate number of ADA�aarking spaces are
provided adjacent to the School and Church, based on the overall number o#parl�ng spaces
servulg�hese uses.
CUP2009-00002 Hearings Officer Final Order
(St..4�:thony's Parlcirzg LotJ Page 11
� � ��
� THE FOLLOWING CONDITIONS �HALL BE �AT�SFTED PRI4R TO
F�NAL APPROVAL OF THE SYTE PERM�T IMPROVEM�NTS.
� Subrnit to t�e Cu�•x�ent Planning Division{Gary Pagenstecher, {S03} 718�243�) for review
anc� approval:
17. Pzio��o �`i�lal approval of the site permit, the applicaz�.t shall call for a final plailning
ins�ection to ei�sure the project was completed per the approved plan.
Submit to the Development��ginee�r (Gus Duenas, 503-718-2470) for review and app�rovai:
18. T�Ze design engineer shall pro�ide the City of Tigard Development Engineer with written
confiirmatio�l tl�at�l�e water quality facili�y is in compliance with the design and
specifications.
19. A maintenance plan foz�he water q�.�ality facility shall be submitted�oz�review and
approval. �
20. The applica��t shall pay the fee-in-lieu of under�rounding. The £ee is calculated usia7g
$35.00 per lineal foot of fxoniage parallel fo t11e utility lines and is equal to $3,083.85.
ONGO�NG CONDITIONS
21. Tl�e applicant shall znspect the vacan� area in�he rear a�tax lot 1700 at least twice per
weelc to ensure it is not being used for illegal or nuisance acti�ities. The applicant shall
n�aintain this r�acant area in good conditioi� so as to present a healthy, neat and ordez•ly
appearance, free �iroz�� refiise and debris.
22. The maintenailce access gate ta the vaca�lt portion of the site shall remaiza laciced at all
tinles, except whe��1�aintenance activities are occurzing on the sife.
TI3IS APPROVAL MUST BE IMPLEMENTED WYTHIN 18 MONTHS
FROM THE�F�ECT�VE DAT� Or THE HEARINGS OFF�CER'S DECISrON.
DATED this 4'�` day o�November 2009.
Joe urner, Esq., ArCi'
City of Tigard Land Use Hearings Officer
CUP2009-00002 Hearings Off cer Finad Order
(St.,4nthony's Parkil�gLot) Page 12
Agenda Item: 2_1
Hearin Date:October 26,2009 Time: 7:OOPM
STAFF REPORT TO THE
.,
HEARINGS OFFICER = �
FOR THE CITY OF TIGARD, OREGON
120 DAYS = 12 18 2009
SECTION I. APPLICATION SUMMARY
FILE NAME: ST. ANTHONY'S GRANT AVENUE PARKING LOT EXPANSION
CASE NOS: Conditional Use Permit (CUP) CUP2009-00002
APPLICANT: Drew Rocker OWNER: St. Anthony's Catholic Church in Tigard
c/o Ankram Moisan 9905 SW McKenzie St.
Associates Architects Tigard, OR 97233
6720 SW Macadam Ave.
Portland, OR 97219
PROPOSAL: The applicant proposes a new Conditional Use Permit to expand the existing 49-
space accessory parkin lot, permitted under CUP97-00007, onto the subject 24,879
square-foot vacant lot�or a total of 87 spaces.
LOCATION: 12515 SW Grant Avenue and 9870 SW Johnson Street, Washington Counry Tax
Assessor's Map 2S102BB, Tax Lots 01600 and 01700.
ZONING: R-4.5: Low Densitv ResidentiaL The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes, attached single-family
units, some civic and institutional uses, as well as cemeteries are permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Communit�� Development Code Chapters: 18330, 18360, 18390, 18.510, 18.705,
18.725, 18.745, 18.765, 18.780, 18.790, 18.795,and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not
adversely affect the health, safety and welfare of the City and meets the Approval Standards for a
Conditional Use as outlined in this report Therefore, Staff recommends APPROVAL, subject to the
followin recommended Conditions of A roval:
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 1 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING
ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL
ACTIVITIES:
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and
approval:
1. Prior to issuance of a site permit, the applicant shall submit a revised Site Development Plan that
includes a signature of approval by the project arborist for required tree protection for the
proposed parl�ing lot improvements.
2. Prior to issuance of a site permit, the applicant shall submit a revised Site Development Plan that
shows compliance with the required space and aisle dimensions in Figure 18.765.1.
3. Prior to issuance of a site permit, the applicant shall submit a revised Site Development Plan that
shows a maximum of 50% of the proposed total parking spaces as compact space and marked as
such.
4. Prior to issuance of a site permit, the applicant shall submit a Detailed Buffer Area Landscaping
and Screenin Plan consistent with the D-3 buffer type and the applicable buffering and screening
standards. I�the plan varies from the standards, the applicant shall demonstrate how the
alternative plan affords the same degree of buffering and screening as required by the code.
Parking areas, including overhangs, are not allowed within any required buffers.
5. Prior to issuance of a site permit, the applicant shall submit a revised landscape plan that includes
an additional tree or other vertical shrubbery, spaced appropriately between the two existin
ponderosa pine trees and which reconciles the conflict between parktng stall depth and require�
landscaping and screening along SW Grant Avenue.
6. Prior to issuance of a site permit, the applicant shall submit a revised landscape plan including an
additional island and two trees on the east end of the interior parking stalls. The proposed interior
islands shall be sufficient to meet the standards in the Architectural Graphic Standards for planting
trees.
7. RECOMMENDATION: Staff suggests that a convenient soft or hard path connection be offered
between the southwest corner of the new parking lot and the raised cross walk in SW Grant
Avenue in anticipation of an informal path that might otherwise develop to avoid out of direction
travel.
Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval:
8. Prior to issuance of a site permit, a Public Facility Improvement (I'FI) permit is required for the
private water quality and detention facility. Six (6) sets of detailed public improvement plans shall
be submitted for review to the Development Engineer. NOTE: these plans should only include
sheets relevant to work within the pubhc right-of-way and the water quality and detention facility.
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.tigard-or.gov).
9. The PFI�ermit plan submittal shall include the exact legal name, address and telephone number of
the individual or corporate entity who will be designated as the "Permittee", and who will provide
the financial assurance for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Development Engineer will delay processing of project documents.
10. Prior work authorized in the SW Grant Avenue right-of-way under Engineerin Permit No.ENG
2008-00107 issued for the half street improvements, including the speed table�rosswalk must be
completed and approved prior to issuance of any permits for this project.
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 2 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
11. The applicant shall provide a construction vehicle access and parking plan for approval by the City
Engineer. The purpose of this plan is for parking and traffic control during both the public and
private improvement construction phases.
12. The applicant shall provide an on-site water quality facility as required by Clean Water Services
Design and Construction Standards (Resolution and Order No. 07-20). Final plans and
calculations shall be submitted to the Development Engineer (Gus Duenas) for review and
approval prior to issuance of the site permit
13. The applicant shall provide an on-site detention facility as required by Clean Water Services Design
and Construction Standards (Resolution and Order No. 07-20). Final plans and calculations shall
be submitted to the Development Engineer (Gus Duenas) for review and approval prior to
issuance of the site permit.
14. An erosion control plan shall be provided as part of the Public Facility Improvement (I'FI) permit
drawings. The plan shall conform to Clean Water Services Design and Construction Standards
(Resolution and Order No. 07-20, Chapter 2).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL
OF THE SITE PERMIT IMPROVEMENTS.
Submit to the Current Planning Division (Gary Pagenstecher, (503) 718-2434) for review and
approval:
15. Prior to final approval of the site permit, the applicant shall call for a final planning inspection to
ensure the project was completed per the approved plan.
Submit to the Development Engineer (Gus Duenas, 503-718-2470) for review and approval:
16. The desi�n engineer shall provide the City of Tigard Development Engineer with written
confirmation that the water quality facility is in compliance with the design and specifications.
17. A maintenance plan for the water quality facility shall be submitted for review and approval.
18. The applicant shall pay the fee-in-lieu of undergrounding. The fee is calculated using $35.00 per
lineal foot of frontage parallel to the utility lines and is equal to $3,083.85.
THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS
FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
SECTION III. BACKGROUND INFORMATION
Pro�o sal:
The applicant proposes a new Conditional Use Permit to expand the existing 49 space accessory parking lot
(CUP97-00007) onto the subject 24,879 square-foot vacant site for a total of 87 spaces.
Site and Vicinitv Information:
The proposed site is a vacant lot which slopes away from SW Grant Avenue to the north approximately
six feet over the 310 foot length of the lot and is currently vegetated with lawn. Four parcels abut the site
although eight residences are in close proximity to the site and may be adversely affected by the proposed
parking lot improvement.
Site Historv:
BUP97-00256 permitted demolition of an existing metal building and concrete foundation on Tax Lot
1700; sewer was capped and all debris was removed from the site. The site had been used for fuel storage
by the Sunset Fuel Company.
CUP97-00007 proposed parking lot improvements on Tax Lot 1600 and a portion of Tax Lot 1700. The
validity of the permit was extended a year because of complications with a DEQ permit for contamination
on Lot 1700. Ultimately, the applicant constructed only the Tax Lot 1600 improvements. The proposed
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 3 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
parking includes a minor modification of the e�sting conditional use and a new conditional use for the
adjacent vacant tax lot.
MMD2007-00032 approved a parking lot expansion on Tax Lots 1600 and 1700 with conditions of
approval for right-of-way improvements to SW Grant Ave including dedication of right-of-way and half
street improvements, in part�cular proviclin for preserving e�sting trees with a sidewalk meander and
allowing a mid-block pedestrian crossing. T�e decision became void on May 8, 2009 when the approval
had not been acted on by the applicant within the 18-month approval period. Subsequently, the Tigard
Engineering Department came to agreement with the applicant (ENG2008-00107) to improve the Grant
Avenue right-of way in front of Tax Lot 1700 pursuant to the conditions of approval of MMD2007-00032
in order for the improvements to be completed rior to the beginning of the 2009-2010 school year.
Therefore, the current application (CUP2009-00002�will not require further public facilities improvements
for Tax Lot 1700.
Neighbor Comments:
The applicant held a neighborhood meeting on April 22, 2009 with eight people in attendance. Neighbors
were concerned about potential crime and safety with respect to the remaining undeveloped portion of the
subject site to the rear. Lighting, fencing,landscaping, drainage, and access were discussed.
In addition, Bill Tubbs, of 12531 SW Grant Avenue, commented by email to the city stating that he felt
strongly that building the parking lot would devalue his property and infringe on his family's privacy and
cause safety concerns. He urged denial of the proposal and asked how he could ensure his concerns could
be addressed if unable to attend the hearing. Mr. Tubb's property includes a flag lot access to SW Grant
Avenue along the length of the subject property's southwest border.
Staff Response to Mr. Tubb's Concerns:
A staff report to the Hearings Officer will be available on Monday the 19th. A copy will be mailed to Mr.
Tubbs for his review. Written comments addressed to the Hearings Officer should address specific
development standards and how the proposal may not be consistent with the standard. Participation in the
hearing is advised, but it is not necessary to have standing for appeal. For an appeal, a statement of intent
to ap�eal must be received by the Crty within ten business days of the Hearings Officer's decision.
Submittal or written comment will provide standing and notice of the decision and your right to appeal. If
there are any questions, call Gary Pagenstecher at 503-718-2434.
SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE
Use Classification
Chapter 18.130 lists the Use Categories. The proposed parking lot is an accessory use to the St. Anthony's
School and Church which is permitted as a conditional use in the R-4.5 zone.
Summary of Land Use Permits and Decision-making Procedures
Section 18330.020.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 this chapter. Type III-HO procedures apply to quasi-
judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO
actions are decided by the Hearings Officer with appeals being heard by the City Council.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
Staff has reviewed the proposal for consistency with the following code sections. Section is in Section VI of
this report.
A. Zoning Districts
18.510 - Residential Zoning Districts
B. Applicable Development Code Standards
18.330 - Conditional Use
18.360 - Site Development Review
18.390 - Decision Making Procedures
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 4 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
18.705 -Access Egress and Circulation
18.725 -Environmental Performance Standards
18.745 - Landscaping and Screening
18.765 - Off-Street Parking and Loading
18.780 - Signs
18.790 -Tree Removal
18.795 -Visual Clearance
18.810 - Street and Utility Improvement Standards
C. Impact Study
18.390
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. ZONING DISTRICTS
Residential Zoning Districts (Cha�ter 18.510�
Lists the description of the residential Zoning District.
The proposed site is in an R-4.5 zone. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes, attached single-family units, some civic and institutional uses, as well as cemeteries are permitted
conditionally. The proposed parking use is accessory to the St. Anthony's School and Church use, which is
permitted conditionally in the R-4.5 zone.
Table 18.510 includes development standards in residential zones related to lot size, width, coverage,
setbacks, height, and landscape requirements. These standards relate to the placement and design of
residential structures,none of which are applicable to the proposed accessory parking use.
B. APPLICABLE DEVELOPMENT CODE STANDARDS
Conditional Use (Chapter 18.330�
Purpose. 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
section.
The applicant requests approval of a new conditional use for the proposed site. The site is a single-family
resident�al lot and the applicant is requesting a change of use to accessory parking for the St. Anthony's
School and Church.
APPROVAL STANDARDS FOR A CONDITIONAL USE
The Hearings Officer shall approve, approve with conditions, or deny an application for a
conditional use or to enlarge or alter a conditional use based on findings of fact with respect to
each of the following criteria:
The site size and dimensions provide adequate area for the needs of the proposed use;
There are no minimum size or dimension standards for the proposed accessory parking use except that the
site must be developed consistent with the Off-Street Surface Parking Matrix requirements per Figure
18.765.1. Staff finds that the proposed parking lot design is not consistent with requirements of Figure
18.765.1 (page 17). The proposed parking expansion is in anticipation of the Phase 1B expansion of the
School and Church campus (CUP 2002-00006) which would also include an 18,500 square foot
Community Center (MMD2007-00031). The subject site may be large enough for an expansion but will
require some reconfiguration.
The impacts of the proposed use of the site can be accommodated considering size, shape,
location, topography and natural features;
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The proposed site is 0.57 acres (24,829 square feet). The primary activity on the site will be accessory
parking. The applicant proposes retaining a minimum lot size of 7,500 square feet for future development
at the north end of the property. The site is relatively flat, sloping down to the north appro�mately 2%.
There are no trees on the site with the exception of the protected ponderosa pine in the Grant Avenue
right-of-way. The impacts of the proposed use can be accommodated considering size, shape, location,
topography and natural features. This criterion is met.
All required public facilities have adequate capacity to serve the proposal; and
The proposed use only requires additional storm drainage water quality and detention as provided in the
March 19, 2009 Storm Drainage Report prepared by Westlake Consultants. Therefore, this criterion is
met.
MMD2007-00032 approved a parking lot expansion on Tax Lots 1600 and 1700 with conditions of
approval for right-of-way improvements to SW Grant Ave including dedication of right-of-way and half
street improvements, in particular providin for preserving e�stin trees with a sidewalk meander and
allowing a mid-block pedestrian crossing. T�e decision became voi� on May 8, 2009 when the approval
had not been acted on by the applicant within the 18-month approval period. Subsequently, the Tigard
Engineering Department came to agreement with the applicant (ENG2008-00107) to improve the Grant
Avenue right-of way in front of Tax Lot 1700 pursuant to the conditions of approval of MMD2007-00032
in order for the improvements to be completed prior to the beginning of the 2009-2010 school year.
Therefore, the current application (CUP2009-00002) will not require further public facilities improvements
for Tax Lot 1700. This criterion is met.
The applicable requirements of the zoning district are met except as modified by this chapter.
Table 18.510 includes development standards in residential zones related to lot size, width, coverage,
setbacks, height, and landscape requirements. These standards relate to the placement and design of
residential structures, none ofwhich are applicable to the proposed accessory parking use. This criterion
does not apply.
The applicable requirements of 18.330.050 are met; and
Section 18.330.050 does not include standards for accessory parking. Therefore, this criterion does not
apply.
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.
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; 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; 18.765 Off-Site Parking and Loading; 18.780
Signs; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810 Street and Utility Improvements
Standards. All other code chapters are ina plicable as approval standards. As reviewed above and below
in this report, all applicable requirements o�the code are either met or conditioned to be met.
FINDING: With the recommended conditions of approval, or others that the Hearings officer may
apply, the proposed accessory parking can meet the applicable approval standards for a
conditional use.
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE.
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;
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The hours, days and manner of operation for the proposed parking use will correspond to the School and
Church rogramming which were not explicitly identified in the applicant's submittal. Assuming typical
parking �or these types of use, staff would not anticipate the need to limit the use of the proposed parking
lot.
Requiring design features which minimize environmental impacts such as noise, vibration, air
pollution, glare, odor and/or dust;
The roposed parking use does not typically generate significant noise, vibrations, air pollution, glare, odor
and�r dust. However, noise, air pollut�on and glare typically associated with automobile parking can be
ex ected. These impacts are addressed in the Landscaping and Screening section of this report (pa�es 13-
15�, which requires combinations of buffers, landscaping and screening to mitigate for any potent�al off-
site automobile impacts
Requiring additional setback areas, lot area, and/or lot depth or width;
The applicant has chosen to apply the D-3 buffer which includes a 10-foot buffer and a 6-foot wall.
However, the applicant proposes to replace the wall with a fence. The D-2 buffer option requires a buffer
of 15 feet and a 6-foot fence. The applicant's site development plan shows that the site is constrained in
width to sufficiently accommodate the required buffers and the proposed parking layout. Staff
recommends conditions of approval to address these conflicts (page 13-15).
Limiting the building height, size or lot coverage, and/or location on the site;
No buildings are proposed.
Designating the size, number, location and/or design of vehicle access points;
The e�stin access on SW Grant is proposed to remain unaltered to serve the e�sting and expanded
parking lot.�able 18.705.3 states that for 0-99 parking spaces, the minimum number of driveways required
is 1, minimum access width is 30 feet, and minimum pavement is 24 feet with curbs. The existing access
complies with these standards.
Requiring street right-of-way to be dedicated and street(s) to be improved;
The applicant has dedicated 30 feet from center line on SW Grant Avenue as required by the Engineering
Department to accommodate the required public facilities improvements.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas;
Staff has found that the applicable landscapin and screening standards have not been met including the
D-3 buffer standards and the special parking�ot landscaping provisions (pages 13-15).Staff recommends
conditions of approval.
Limiting the number, size, location, height and/or lighting of signs;
No signs are proposed with the exception of parking and directional signs for which no permit is required.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has proposed sufficient outdoor lighting for safe use of the facility at night as shown in the
L.ighting diagram (Sheet EL1). The applicant's L.ighting diagram (Sheet EL1) shows a light level of 0.2 FC
at the periphery of the parking lot paved area with the light level rising slightly in the vicinity of Pole #1 in
the northwest portion of the site. Light at the property line on the southwest, northwest and northeast will
be significantly less because of the additional 10-foot buffer area and landscaping and screening, resulting
in minor spill over onto adjoining residential properties.
Requiring berms, screening or landscaping and the establishment of standards for their
installation and maintenance;
These features of the proposal are addressed in detail in Landscaping and Screening section of this report
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(pages 13-15). Staff finds that not all of the applicable standards have been met and recommends
conditions of approval.
Requiring and designating the size, height, location and/or materials for fences;
According to the applicant's submittal the proposed fences are located within the required buffer areas
which may conflict with landscaping and parking stall depth standards. Staff has recommend conditions of
approval to address this apparent conflict (pages 13-15).
Requiring the protection and preservation of existing trees, soils, vegetation, watercourses,
habitat areas and/or drainage areas;
Protection of the existing ponderosa pine trees along Grant Avenue are ensured through a recommended
condition of approval that requires the project arborist to sign off on proposed tree protection measures
on a revised Site Development Plan.
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
The proposed site is appro�mately 300 feet south of the Fanno Creek floodplain. The highest elevation
of the nearest floodplain is 153 feet The lowest elevation of the subject site is appro�mately 164 feet.
Therefore, a condition to this effect would not be applicable.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The proposed site is not within a floodplain. Therefore, a condition to this effect would not be applicable.
FINDING: 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. Staff finds that the proposed accessory parking does not meet all of the
applicable conditional use criteria as shown in findings in the following sections of this
staff report and makes recommended conditions of approval.
Site Development Review (Chapter 18.360�
18.360.020 Applicability of Provisions. Site development review shall be applicable to all new
developments and major modification of existing developments.
The proposed change of use is considered new development which requires a conditional use. Therefore,
the applicable site development review criteria shall apply.
18.360.090 Approval Criteria. The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions, or denying an application:
Compliance with all of the applicable requirements of this title including Chapter 18.810, Street
and Utility Standards;
The City's Development Review Engineer commented that storm drainage and undergrounding of
overhead utilities are issues for the proposed parking lot. Frontage improvements have otherwise been
required and implemented by prior agreement with the Development Review En�ineer pursuant to the
findings, conclusions and conditions of MMD2007-00032. As demonstrated in this report the proposal
meets or has been conditioned to meet all of the applicable requirements of this title including Chapter
18.810.
Relationship to the natural and physical environment:
Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where
possible based upon existing site conditions; (2) Located in areas not subject to ground slumping
or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate
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light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind.
No buildings are being proposed. Therefore, this criterion does not apply.
Trees shall be preserved to the extent possible. Replacement of trees is subject to the
requirements of Chapter 18.790,Tree Removal.
The applicant proposes to retain all trees. Therefore, this criterion is met.
Buffering, screening and compatibility between adjoining uses:
Buffering shall be provided between different types of land uses, for example, between single-
family and multiple-family residential, and residential and commercial uses, and the following
factors shall be considered in determining the adequacy of the type and extent of the buffer:
(1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter
dust, or to provide a visual barrier;
(2) The size of the buffer required to achieve the purpose in terms of width and height;
(3) The direction(s) from which buffering is needed;
(4) The required density of the buffering; and
(5) Whether the viewer is stationary or mobile.
Staff finds that the applicant' site development plan does not comply with the proposed D-3 buffer which
requires a wall instead of the pro�osed fence for a 10-foot buffer. In addition, the proposed location of the
fence is in conflict with the parking stall 3-foot overhang standard. Recommended conditions of approval
have been made below in the Landscaping and Screening section of the report (pages 13-15).
Demarcation of public, semi-public and private spaces for crime prevention:
The structures and site improvements shall be designed so that public areas such as streets or
public gathering places, semi-public areas and private outdoor areas are clearly defined to
establish persons having a right to be in the space, to provide for crime prevention and to
establish maintenance responsibility; and these areas may be defined by, but not limited to: (1) A
deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or
grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping.
Neighbors have commented that the back portion the subject lot may represent a public safety concern if
required buffer screening is put in place per the applicant's Site Development Plan. The effect of the 6-
foot fence or wall screen across the property would be to eliminate public view of the 7,500 square foot
area from SW Grant Street, creating an area difficult to monitor for criminal activity.
Crime prevention and safety:
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 applicant has proposed sufficient outdoor lighting for safe use of the facility at night as shown in the
Lighting dia�ram (Sheet EL1). The Lightin diagram shows a minimum light level of 0.2 FC at the
periphery of the parking lot paved area, su�ficient to illuminate a person.
Public Transit. Provisions within the plan shall be included for providing for transit if the
development proposal is adjacent to or within 500 feet of existing or proposed transit route.
The �roposed accessory parkin�is located in excess of 600 feet from SW Walnut and approximately 1000
feet rom HWY99 W and the us routes and stops on those streets. Therefore, this criterion does not
apply.
Landscaping:
a.All landscaping shall be designed in accordance with the requirements set forth in Chapter
18.745 and a minimum of 15 percent of the gross site area shall be landscaped.
The applicant's Site Development Plan shows that a 7,500 square foot area to be retained in open space
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and is planted in lawn. In addition, the improvements include a ten foot buffer approximately 340 feet in
length. Together this represents approximately 43% of the site in landscaping, consistent with this
standard. However, as shown in the findings for the Landscaping and Screening section of this report
(pages 13-15), the buffer and parking lot landscaping standards have not been met.
Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981
master drainage plan;
The applicant has submitted a Storm Drainage Report to address construction of new impervious surface
area, consistent with the Storm Drainage requirements of 18.810 as reviewed and conditioned elsewhere in
this report.
Provision for the disabled: All facilities for the disabled shall be designed in accordance with the
requirements set forth in ORS Chapter 447; and
Provisions for the disabled are required for required walkways within commercial, institutional, industrial
and multi-family residential sites (Chapter 18.705) as well as for �arking lots (Chapter 18.765). The
proposed parking lot expansion may be required to provide for addit�onal ADA parking spaces adjacent to
the School and Church depending on the overall number of parking spaces. This will be determined at the
time of site permit review through the Building Department.
All of the provisions and regulations of the underlying zone shall apply unless modified by other
sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment
granted under Chapter 18.370. (Ord. 02-33)
Staff has reviewed this proposal with all applicable provisions of the underlying zone. The application is
not for a planned development and the applicant has not requested any variances or adjustments.
FINDING: According the analysis above, not all of the applicable site development review standards
are met but have been conditioned to be met elsewhere in this report Of particular interest
is the size, density and location of the buffer that would be appropriate given the potential
for adverse effects of the proposed development on the adjoining residential uses.
Access, Egress and Circulation (Cha�ter 18.705�
The provisions of this chapter shall apply to all development including the construction of new
structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use
which increases the on-site parking or loading requirements or which changes the access
requirements.
No building or other permit shall be issued until scaled plans are presented and approved as
provided by this chapter that show how access, egress and circulation requirements are to be
fulfilled. The applicant shall submit a site plan.
The applicant submitted a plan set including Sheet A1.00, which shows the proposed access, egress and
circulation. This standard is satisfied.
Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly
the same access and egress when the combined access and egress of both uses, structures, or
parcels of land satisfies the combined requirements as designated in this title,provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use; and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the
City.
The applicant owns both Tax Lots 1600 and 1700. The proposed parking lot expansion onto Tax Lot 1700
includes using the existing Grant Avenue access on Tax Lot 1600. Deeds on file for the respective Tax
Lots is satisfactory legal evidence to establish the joint use.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect
directly with a public or private street approved by the City for public use and shall be maintained
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at the required standards on a continuous basis.
The site has frontage and access on SW Grant Avenue, consistent with this standard.
Required Walkway Location
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;
Although this standard does not directly apply to the proposed development, the issues raised highlight a
potential conflict with the proposed pedestrian route from the new parkin area to the School and Church,
which would most likely use the new raised crosswalk across SW Grant �venue located at the southwest
corner of the subject site. Typically, people will not go significantly out of the direction of travel if a
shorter in-direction option is available. The applicant's Site Development Plan shows the pro�osed
pedestrian route would be as much as 200 feet out of direction travel to use the e�sting sidewalk ad�acent
to the parking lot accessway. Alternatively, there is a direct route of appro�mately 30 feet in length
through a proposed landscaped area between the parking lot and the public sidewalk on Grant. Staff
suggests that a convenient soft or hard path connection be offered between the southwest corner of the
new parking lot and the raised cross walk in SW Grant Avenue in anticipation of an informal path that
might otherwise develop to avoid out of direction travel.
Public Street Access (18.705.030.D): All vehicular access and egress as required in Sections
18.705.030H and 18.705.030(I) shall connect directly with a public or private street approved by the
City for public use and shall be maintained at the required standards on a continuous basis.
The subject site is adjacent to an e�stin parkin� lot and will utilize the e�sting parking lot's approved
access to SW Grant Avenue. Therefore, t�s criterion is met.
Access Management (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 submitted a Technical Memorandum by Kittleson Associates dated November 12, 2002.
The memorandum addresses the planned phased development of the School and Church facilities but
does not mention explicitly the subject parkin�lot expansion. Since the �reviously approved parking lot
access will be used for the expansion lot, no su stantive change to the design of driveways and streets will
occur. Therefore, the access report requirement is not necessary.
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 be 150 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.
Since the previously approved parking lot access will be used for the expansion lot, no substantive change
to the design of driveways and streets will occur. Therefore, this standard is not applicable.
Section 18.705.030.H. 3 and 4 states that the minimum spacin of driveways and streets along an
collector shall be 200 feet; along arterial shall be 600 feet; and a�ong a local street shall be 125 feet.
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Since the previously approved parking lot access will be used for the expansion lot, no substantive change
to the design of driveways and streets will occur. Therefore, this standard is not applicable.
FINDING: According the analysis above, all of the applicable access, egress and circulation standards
have been met.
RECOMMENDATION:
Staff suggests that a convenient soft or hard path connection be offered between the
southwest corner of the new parking lot and the raised cross walk in SW Grant Avenue in
anticipation of an informal path that might otherwise develop to avoid out of direction
travel.
Environmental Performance Standards (18.725�
These standards require that federal and state environmental laws, rules and regulations be applied
to development within the Ciry of Tigard. Section 18.725.030 (Performance Standards) regulates:
Noise,visible emissions,vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of
the Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) 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 uncombined water
(steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for
visible emissions (340-21-015 and 340-28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted
in any given zoning district which is discernible without instruments at the properry line of the use
concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily 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: The proposed parking use does not typically generate noise, visible emissions, vibrations,
odors, glare, heat, insects and rodents. However, noise and glare typically associated with
automobile parking can be expected. These im acts are addressed in the following
Landscaping and Screening sect�on of the code w�ich requires combinations of buffers,
landscaping and screening to mitigate for any potential off-site automobile impacts.
Landscaping and Screening (18.745�
18.745.030.0 General Provisions
Installation Requirements. The installation of all landscaping shall be as follows:
1. All landscaping shall be installed according to accepted planting procedures.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting
guidelines as well as the standards set forth in the most recent edition of the American Institute of
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Architects' Architectural Graphic Standards. In the Architectural Graphic Standards there are guidelines
for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are
directions for soil amendments and modifications.
Street Trees (18.745.040):
All development projects fronting on a public street, private street or a private driveway more than
100 feet in length approved after the adoption of this title shall be required to plant street trees in
accordance with the standards in Section 18.745.040.C.
Street trees and other public improvements are not required for this phase of the project.
Buffering and Screening(18.745.050):
General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicles;
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The
owner of each proposed development is responsible for the installation and effective maintenance
of buffering and screening. When different uses would be abutting one another except for
separation by a right-of-way, buffering, but not screening, shall be required as specified in the
matrix;
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director's approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as required
by this code.
The applicant has proposed a buffer type D-3 with a 10 foot buffer and a 6 foot sight-obscuring fence.
Type D-3 buffer with a 10 foot buffer requires a 6 foot wall (Option 3). Therefore, the proposed buffering
and screening of adjacent single-family dwellings does not meet the requirements in Table 18.745.2. The
applicant has not applied for a variance to this standard. However, Section 18.745.050.A.3 allows the
applicant to submit a detailed buffer area landscaping and screening plan as an alternative to the buffer
area landscaping and screening standards, provided it affords the same degree of buffering and screening
as required by this code. The applicant's Landscape Plan (Sheet L1.0) does not include the fence but does
include the required plant materials. The applicant's Site Development Plan Sheet (A1.00) shows the
proposed 6 foot fence within a 10-foot buffer setback, located appro�mately 2 to 3 feet from the edge of
curb. In addition, the e�sting split rail fence is retained within the buffer on the southwest boundary of
the subject lot. Without a detailed buffer area landscaping and screening plan, the potential conflict
between the proposed fences and the required landscaping is hard to reconcile. Therefore, a condition
shall require the applicant to submit a detailed buffer area landscaping and screening plan consistent with
the D-3 buffer type and the applicable buffering and screening standards. If the plan varies from the
standards, the applicant shall demonstrate how the alternative plan affords the same degree of buffering
and screening as required by the code.
Buffering and screening requirements (18.745.050.B):
1. A buffer consists of an area within a required setback adjacent to a property line and
having a depth equal to the amount specified in the buffering and screening matrix and
containing a length equal to the length of the property line of the abutting use or uses;
2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area
except where an accessway has been approved by the City;
3. A fence, hedge or wall, or any combination of such elements,which are located in any yard
is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D;
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4. The minimum improvements within a buffer area shall consist of combinations for
landscaping and screening as specified in Table 18.745.1. In addition, improvements shall
meet the following specifications:
a. At least one row of trees shall be planted. They shall have a minimum caliper of two
inches at four feet in height above grade for deciduous trees and a minimum height of five
feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows:
(1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity
shall be spaced no further than 15 feet apart;
(2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide
branching at maturity shall be spaced no greater than 30 feet apart;
(3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity,
shall be spaced no greater than 30 feet apart.
The applicant has proposed a type D-3 buffer between the parking lot and adjacent land uses. The
applicant's Site Development Plan (Sheet A1.00) shows that a portion of the proposed 10-foot buffer
includes a 1.5-foot overhang to meet the stall depth dimension for compact spaces. Pursuant to
18.745.050.B.2 above, no parking areas may be allowed within a buffer. Therefore, this standard has not
been met. The applicant has been conditioned above to submit a detailed buffer area landscaping and
screening plan consistent with applicable standards,including section 18.745.050.B.2.
Screening: special provisions. Screening and landscaping of parking and loading areas:
a. Screening of parking and loading areas is required. The specifications for this screening
are as follows:
(1) Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. These design features may include the use
of landscaped berms, decorative walls and raised planters;
(2) Landscape planters may be used to define or screen the appearance of off-street
parking areas from the public right-of-way;
(3) Materials to be installed should achieve a balance between low lying and vertical
shrubbery and trees;
(4) Trees shall be planted in landscaped islands in all parking areas, and shall be
equally distributed and on the basis of one tree for each seven parking spaces in
order to provide a canopy effect; and
(5) The minimum dimension of the landscape islands shall be three feet and the
landscaping shall be protected from vehicular damage by some form of wheel guard
or curb.
Parking lot screening appears to be acceptable as a buffer with screening is required on the southwest,
northwest and northeast sides of the parking lot. However, the applicant's Landscape Plan (Sheet L1.0)
shows the Grant Avenue frontage only minimally screened with Kinnikinnick groundcover and viburnum
shrubs, but no trees. A complicating factor in the proposed design is that the three parking spaces located
along SW Grant Avenue are three to four feet from the property line and rely on a three foot overhang to
meet stall depth resulting in a portion of the parking lot landscaping being included within the right-of-
way. Therefore, the parking area screening and landscaping standards are not met The applicant shall
submit a revise landscape plan that includes an additional tree or other vertical shrubbery spaced
appropriately between the two e�sting ponderosa pine trees and which reconciles the conflict between
parking stall depth and required landscaping and screening along SW Grant Avenue.
Parking lot landscaping appears to be acceptable except for the interior parking lot islands. An additional
island and two trees are required on the east end of the interior parking stalls. In addition, the interior
islands do not meet the Architectural Graphic Standards for planting trees based on soil volume and size
at maturity, pursuant to Section 18.745.030.C.1, above. Interior parking lot islands dimensions shall be
increased to �10'x�30' so that trees have sufficient soil volumes to support substantial canopies.
Alternatively, under pavement treatments (such as structural soils) that allow for root growth and provide
equivalent soil volumes may be substituted so that parking spaces are not lost Other landscape islands on
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 14 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
the exterior of the parking lot may be eliminated to compensate for expanded interior islands. Trees in the
exterior islands may be shifted back a few feet to the perimeter of the parking lot.
FINDING: Based on the analysis above, the land use bufferin and screening standards have not been
met. Provided the recommended conditions o�approval or other conditions by the
Hearings Officer are imposed, the applicable landscaping and screening standards can be
met.
CONDITIONS:
■ The applicant shall submit a Detailed Buffer Area Landscapin and Screening Plan
consistent with the D-3 buffer type and the applicable buf�ering and screening
standards. If the plan varies from the standards, the applicant shall demonstrate
how the alternative plan affords the same degree of buffering and screening as
required by the code. Parking areas, including overhangs, are not allowed within
any required buffers.
■ The applicant shall submit a revised landscape plan that includes an additional tree
or other vertical shrubbery, spaced appropriately between the two existing
ponderosa pine trees and which reconciles the conflict between parking stall depth
and required landscaping and screening along SW Grant Avenue.
■ The applicant shall submit a revised landscape plan including an additional island
and two trees on the east end of the interior parking stalls. The proposed interior
islands shall be sufficient to meet the standards in the Architectural Graphic
Standards for planting trees.
Off-Street Parking and Loading (18.765�
At the time of the erection of a new structure within any zoning district, off-street vehicle parking
will be provided in accordance with Section 18.765.070.
The applicant is not proposing new structures that require additional parking pursuant to Section
18.765.070.
With regard to access to public streets from off-street parking:
Access drives from the street to off-street parking or loading areas shall be designed and
constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and
vehicular traffic on the site; The number and size of access drives shall be in accordance with the
requirements of Chapter, 18.705, Access, Egress and Circulation;
As discussed earlier in this report, this criterion is satisfied.
Access drives shall be clearly and permanently marked and defined through use of rails, fences,
walls or other barriers or markers on frontage not occupied by service drives;
The development plans (Sheet A1.00) show the access drive is defined by concrete curbing. This criterion
is satisfied.
Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual
Clearance;
The applicant proposes to use the e�sting access on Tax Lot 1600. Therefore, this criterion is satisfied.
Access drives shall be improved with an asphalt or concrete surface;
The applicant has proposed to pave the access and all parking areas. This criterion is satisfied.
Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P,
groups of two or more parking spaces shall be served by a service drive so that no backing
movements or other maneuvering within a street or other public right-of-way will be required.
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 15 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
The parking spaces are serviced by two-way access proposed within this project. This criterion is satisfied.
Loading/unloading driveways:
A driveway designed for continuous fonvard flow of passenger vehicles for the purpose of loading
and unloading passengers shall be located on the site of any school or other meeting place which
is designed to accommodate more than 25 people at one time.
The proposed accessory parking lot will serve the St. Anthony's School and Church but is not locate on
the same site. Therefore, this criterion does not apply.
Parking Lot Striping:
Except for single-family and duplex residences, any area intended to be used to meet the off-
street parking requirements as contained in this Chapter shall have all parking spaces clearly
marked; and all interior drives and access aisles shall be clearly marked and signed to show
direction of flow and maintain vehicular and pedestrian safety.
The applicant's Site Development Plan shows applicable parking lot striping.
Wheel Stops:
Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or
sidewalks shall be provided with a wheel stop at least four inches high located three feet back
from the front of the parking stall. The front three feet of the parking stall may be concrete,
asphalt or low lying landscape material that does not exceed the height of the wheel stop. This
area cannot be calculated to meet landscaping or sidewalk requirements.
The applicant has proposed concrete curbs at the edges of paving adjacent to planting areas in lieu of
wheel stops. These are shown on the Site Development Plan provided with the application. However, the
landscaped areas provided are 1.5 feet and not the required 3 feet Therefore, this standard has not been
met and has been conditioned to be met.
Drainage:
Off-street parking and loading areas shall be drained in accordance with specifications approved
by the City Engineer to ensure that ponds do not occur except for single-family and duplex
residences, off-street parking and loading facilities shall be drained to avoid flow of water across
public sidewalks.
The applicant has provided a Storm Drainage Report. The Development Review Engineer has reviewed,
approved and conditioned the proposed parking lot drainage in the Streets and Utilities Section of this
report.
Li hting:
A�ights providing to illuminate any public or private parking area or vehicle sales area shall be
arranged to direct the light away from any adjacent residential district.
The applicant's Lighting diagram (Sheet EL1) shows light level of 0.2 FC at the periphery of the parking
lot paved area with the light level rising slightly in the vicinity of Pole #1 in the northwest portion of the
site. It is likely that light at the property line on the southwest, northwest and northeast will be significantly
less because of the additional 10-foot buffer area and landscaping and screening. This standard is met.
Space and Aisle Dimensions:
Figure 18.765.1. OFF-STREET SURFACE PARHING MATRIX, outlines the required space and
aisle dimensions in feet.
The applicant has indicated that the parking lot will be striped as shown on the site plan (Sheet A1.00).
The applicant's narrative states the proposed design complies with the requirements of Figure 18.765.1
Off-Street Surface Parking Matrix for compact spaces at a 90 degree angle. However, the dimensions for
stall depth are shown on the Plan as 15 feet with a 1.5 foot overhang, while the Matrix requires (C) 16.5
feet for a stall depth (no overhang) plus (G) 3 feet for bumper overhang. In addition, the applicant's Plan
shows an overall dimension of the module width to be 57 feet including buffer overhang,while the Matrix
requires (F) a minimum Module Width (no bumper overhang) of 58 feet Therefore, this standard is not
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 16 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
met The applicant shall submit a revised Site Development Plan that shows compliance with the required
space and aisle dimensions in Figure 18.765.1.
In addition, Figure 18.765.1, Space and aisle dimensions, allows up to 50% of total spaces to be compact
and shall be labeled as such. According to the applicant's Site Development Plan (Sheet A1.0) all spaces in
the existing and proposed parking areas are compact Therefore, this standard is not met. The applicant
shall submit a revised Site Development Plan that shows a maximum of 50% of the proposed total parking
spaces as compact spaces and marked as such.
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.
No buildings are proposed. Therefore,no bicycle parking spaces are required.
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.
No buildings are proposed. Therefore,no loading spaces are required.
FINDING: Based on the analysis above, the off-street parking standards have not been met. Provided
the recommended conditions of approval or other conditions by the Hearings Officer are
imposed, the applicable off-street parking standards can be met.
CONDITIONS:
■ The a�plicant shall submit a revised Site Development Plan that shows compliance
with t e required space and aisle dimensions in Figure 18.765.1.
■ The applicant shall submit a revised Site Development Plan that shows a ma�mum
of 50% of the proposed total parking spaces as compact space and marked as such.
Signs (18.780�
Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally
altered, or relocated within the City Limits.
FINDING: The applicant is not proposing signage with this application with the exception of parking
and directional signs for which no permit is required
Tree Removal (18.790�
Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development
or conditional use is filed. Protection is preferred over removal wherever possible.
The tree plan shall include the following:
Identification of the location, size and species of all existing trees including trees designated as
significant by the city;
Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the
following standards and shall be exclusive of trees required by other development code provisions for
landscaping, streets and parl�ng lots:
. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of no net loss of trees;
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 17 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
Identification of all trees which are proposed to be removed;
A protection program defming standards and methods that will be used by the applicant to protect
trees during and after construction.
FINDING: A tree plan was completed as required by CUP 97-00007 for the two large diameter
ponderosa pines on the southwestern portion of the site. The tree plan specifies
protection measures for during and after construction, and during landscaping activities.
In addition, the applicant submitted an arborist report dated April 15, 2008 by Raymond
Meyer, a Certified Arborist. The report commented on the necessary tree protection for a
proposed meandering sidewalk. The sidewalk has since been installed. However,
construction of the proposed parking lot will require additional tree protection measures.
Therefore, the applicant shall submit a revised Site Development Plan that includes a
signature of approval by the project arborist for required tree protection.
CONDITION: The applicant shall submit a revised Site Development Plan that includes a signature of
approval by the project arborist for required tree protection for the proposed parking lot
improvements.
Visual Clearance Areas (18.795�
When provisions apply. 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.
FINDING: Visual Clearance Area standards apply to the driveway on the proposed site. The applicant
has provided a drawing of a visual clearance triangle on the Site Development Plan (Sheet
A1.00), consistent with this standard.
Street And Utilit.T�provements 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 requires a development to have approved access to a public street.
The parking lot expansion will use the existing access to the current parking lot.
Section 18.810.030.A.2 states that any street within the development must be improved in
accordance with the TDC.
Frontage improvements are already in place. Pavement to 14 feet from centerline of ROW with curb and
meanderin� sidewalk have been constructed. The speed table/crosswalk that was installed does not meet
with the City's design standards for a 25-mph street and must be replaced with an appropriately designed
structure. The installation of the appropriate structure must be completed before any permits are issued
for this project.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an arterial street to
have a 64 to 128-foot ri�ht-of-way width and varied paved section. A 5-lane arterial street is
required to have a 52 right-of-way width from centerline. Other improvements required may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 18 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
drainage, and street trees.
The additional right-of-way along the street frontage has already been dedicated.
Street Ali�nment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet
between connections is required except where prevented by barriers such as topography,
railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street connections. A full street
connection may also be exempted due to a regulated water feature if regulations would not permit
construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a
development site shall be extended within the site to provide through circulation when not
precluded by environmental or topographical constraints, existing development patterns or strict
adherence to other standards in this code. A street connection or extension is precluded when it
is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land
is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet
or more. In the case of environmental or topographical constraints, the mere presence of a
constraint is not sufficient to show that a street connection is not possible. The applicant must
show why the constraint precludes some reasonable street connection.
The existing development patterns do not provide an opportunity for a street extension.
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.
A sidewalk meandered to avoid and save two large ponderosa pines has been constructed along the SW
Grant Avenue frontage.
Storm Drainage:
General Provisions: Section 18.810.100.A 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 is no significant upstream drainage to the 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.
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 19 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
Required on-site detention is shown on the plans and preliminary calculations have been submitted.
Expansion of the e�sting water quality and detention facility is proposed. The e�sting water quality and
detention facility allowed the parking lot to flood to meet detention requirements. Detention on site for
the additional impervious area will continue to allow flooding of the parking lot.
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.
No provisions for bicycle or pedestrian facilities are required in this development.
Storm Water Qualit�
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.
The e�sting water quality swale will be expanded ot meet water quality and detention requirements. A
maintenance plan for the Extended Dry Basin proposed is required to ensure that the facility functions as
designed over time. The applicant shall submit a maintenance plan for the facility that must be reviewed
and approved by the City prior to construction.
To ensure compliance with Clean Water Services design and construction standards, the applicant shall
ensure that the design engineer responsible for the design and specifications of the private water quality
facility performs construction and visual observation of the water quality facility for compliance with the
design and specifications. These inspections shall be made during the project construction and after
completion of the construction. The design engineer shall provide the City of Tigard Development
Engineer with written confirmation that the water quality facility is constructed in compliance with the
design and specifications.
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.
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 20 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
There are existing overhead utility lines along the opposite site of Grant Avenue. Fee-in-lieu of
undergrounding will be required. It is calculated based on �35.00 per lineal foot of street frontage that
contains the overhead lines. The frontage along this site is 88.11 lineal feet and the fee would be
$3,083.85.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting from
development, construction, grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City
review and approval prior to issuance of City permits.
An erosion control plan is required prior to issuance of City permits.
C. IMPACT STUDY
The impact study shall quantify the effect of the development on public facilities and services.
The study shall address, at a minimum, the transportation system, including bikeways, the
drainage system, the parks system, the water system, the sewer system, and the noise impacts of
the development. For each public facility system and type of impact, the study shall propose
improvements necessary to meet Ciry 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 the dedication requirements, or
provide evidence which supports the conclusion that the real property dedication requirement is
not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study,which shows that there will be adequate facilities to serve the
proposed accessory parking, as indicated below:
Sewer & Storm: No buildings are proposed and therefore no sanitary sewer is required. The applicant
proposes storm system improvements to accommodate the increased impervious surfaces as detailed in
the applicant's Storm Drainage Report and Plan Set (Sheet C103).
Water: The applicant will not need a new water connection and has not proposed to connect the subject
parcel to the water system.
Parks: Impacts to the park system are not anticipated. The applicant would not be required to pay a parks
systems development charge.
Trans�ortation: The proposed site is located on SW Grant Avenue, a Neighborhood Street. Through
�revious agreement between the applicant and the City Engineering Department pursuant to MMD2007-
0032, the applicable right-of-way dedication and half-street improvements have been made.
SECTION VII. OTHER STAFF COMMENTS
The Ciry of Tigard Arborist has reviewed the proposal and provided comment and recommended
conditions as included in findings for the Landscaping and Screening and Tree Removal sections of this
report.
The City of Tigard Public Works Department has reviewed the proposal and provided comment that
the speed table/raised crosswalk needs to be fixed and is in progress.
The City of Tigard Building Department has reviewed the proposal and commented that the number
of accessible parking spaces required is based on total number of spaces provided. Additional accessible
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 21 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
spaces in the existing lot may be required.
The City of Tigard Police Department has reviewed the proposal and has no objections to it.
The Ciry of Tigard Engineering Department has reviewed the proposal. Findin�s are included in the
Access, Egress and Circulation section and Street and Utility Improvements sect�on of this decision.
Requirements are included in the conditions of approval. Full Comments are in the land use file.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has no comments or
concerns.
Clean Water Services (CWS) has reviewed the proposal and states that the project must obtain a storm
connection permit consistent with the CWS Design and Construction standards. According to the CWS
Sensitive Area Pre-Screening Site Assessment for the subject site, no sensitive lands are on or within 200
feet of the site. Full comments are in the land use file.
October 19, 2009
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
October 19, 2009
REVIEWED BY: Richard H. Bewersdorff DATE
Planning Manager
ST.ANTHON'S GRANT AVE PRKG EXP. PAGE 22 OF 22 CUP2009-00002
10/26/09 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER
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