CUP2014-00003 Decision - Japanese International Baptist Church 120 DAYS = 2/7/2015
DATE OF FILING: 12/30/2014
DATE MAILED: 1/7/2015 1
CITY OF TIGARD I J`'"►t L�
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Number: CONDITIONAL USE PERMIT (CUP) 2014-00003
Case Name: JAPANESE INTERNATIONAL BAPTIST CHUR H
Applicant's Name/Address:Japanese International Baptist Church 8500 SW Spruce Street Tigard. OR 97224
Owner's Name/Address: Japanese International Bantis_t Church 8500 SW Spruce Street Tigard OR 97224
Address of Property: 8500 SW S42.raLce Street tigard, OR 97224
Tax Map/Lot Nos.: Washington Co, Tax A s ssor's Map No. ISL36CB_Tax Lot 044Q1
A FINAL ORDER INCORPORATING THE FACTS,FINDINGS AND CONCLUSIONS APPROVING A REQUEST 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 December 22, 2014 TO RECEIVE TESTIMONY
REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND
CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER.
Request> The applicant is requesting approval of a major modification to a conditional use permit for the
construction of a 7,000 square foot accessory building to the existing church. The proposed new building will be used
for classrooms, recreation and other various church related functions. The building is proposed to be sited near the
front of the property,where the dwelling and playground were located. Access to the site will continue to be from SW
Spruce Street at the existing church driveway. At the December 22, 2014 public hearing, the Hearings Officer
approved this request, subject to conditions of approval contained within this final order.
Zone: R-12: Medium-Density Residential District; and R-25: Medium High-Density Residential District. Applicable
Review Criteria: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, 18.725, 18.745,
18.755, 18.765, 18.790, 18.795 and 18.810.
Action> 0 Approval as Requested X Approval with Conditions 0 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 JANUARY 7,2015 AND BECOMES
EFFECTIVE ON JANUARY 28, 2015 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.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 JANUARY 27,2015.
Questions: If you have any questions,please call the City of Tigard Planning Division at (503) 639-4171
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by the Japanese International ) F I N A L O R D E R
Baptist Church for approval of a Conditional Use Permit ) CUP 2014-00003
to construct an accessory building on a 3.06-acre parcel ) (Japanese International
at 8500 SW Spruce Street, in the City of Tigard, Oregon ) Baptist Church)
A. FINDINGS AND CONCLUSIONS
1. The applicant, Japanese International Baptist Church, requests approval of a
Conditional Use Permit to construct a 7,000 square foot accessory building on a 3.06-acre
parcel located at 8500 SW Spruce Street; also known as Washington County tax map
1 S 136CB, Lot 04400 (the "site"). The site contains the existing Japanese International
Baptist Church and associated parking lot on the eastern portion and and two single-
family residences and accessory structures on the western portion. The applicant will
remove the residences and accessory structures to accommodate the proposed
development. The proposed accessory building will house a classrooms and a half-court
gymnasium that will serve the existing church. The northwest corner of the site is zoned
R-25 (medium high-density residential district, 25 units per acre). The remainder of the
site and abutting properties to the east, west and south are zoned R-12 (medium-density
residential district, 12 units per acre). The property abutting the southeast corner of the
site is zoned PR(Parks and Recreation). Properties to the north are in unincorporated
Washington County. Additional basic facts about the site and surrounding land and
applicable approval standards are provided in the Staff Report to the Hearings Officer
dated December 15, 2014 (the "Staff Report"), incorporated herein by reference.
2. Tigard Hearings Officer Joe Turner(the "hearings officer") held a duly noticed
public hearing on December 22, 2014 to receive and consider public testimony in this
matter. All exhibits and records of testimony are filed with the Tigard Department of
Community Development. At the beginning of the hearing, the hearings officer made the
declaration required by ORS 197.763. The hearings officer disclaimed any ex parte
contacts, bias or conflicts of interest. The following is a summary by the hearings officer
of selected relevant testimony offered at the hearing.
3. Tigard Hearings Officer Joe Turner(the "hearings officer") conducted a duly
noticed public hearing to receive testimony and evidence in this matter. At the public
hearing, City staff recommended approval of the application, subject to conditions of
approval in the Staff Report. Representatives of the applicant testified in support of the
application. Two persons testified orally and one person testified in writing with
questions about the application. One person testified in writing in support of the
application. Disputed issues in this case include:
a. Whether the proposed development will cause or exacerbate flooding on
adjacent properties;
b. Whether the proposed development will cause excessive noise impacts;
c. Whether lighting on the site will cast glare on adjacent properties;
d. Whether the proposed development will cause excessive parking
impacts on the surrounding neighborhood;
e. Whether the proposed development will encourage graffiti; and
f. Whether the applicant can and will maintain vegetation the site in
compliance with City Codes.
4. Based on the findings and discussion provided or incorporated in this final
order, the hearings officer concludes that the applicant sustained the burden of proof that
the proposed development does or will comply with the applicable criteria of the
Community Development Code, provided development that occurs after this decision
complies with applicable local, state, and federal laws and with conditions of approval
warranted to ensure such compliance occurs in fact. Therefore the application should be
approved subject to such conditions.
B. HEARING AND RECORD
1. The hearings officer received testimony at the public hearing about this
application on December 22, 2014. All exhibits and records of testimony are filed with
the Tigard Department of Community Development. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary
by the hearings officer of selected testimony offered at the public hearing in this matter.
2. City planner Gary Pagenstacher summarized the Staff Report and the proposed
development.
a. He noted that the proposed building is subject to the setback
requirements for conditional uses,which require 25-foot front and 20-foot side yard
setbacks. The applicable zoning districts require 15-foot to 20-foot front and 10-foot to
15-foot side yard setbacks, depending on whether single- or multi-family dwellings are
proposed.
b. The Code does not require buffers along the boundaries of the site.
However the applicant proposed to provide a landscaped buffer between the proposed
building and the adjacent single-family residence west of the site.
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 2
c. The proposed development will have no impact on the Significant
Natural Resource area south of the site.
3. Tony Weller and Kenji Yokoi testified for the applicant.
a. Mr. Weller testified that the applicant will remove the existing single-
family residences and garage on the site to accommodate the proposed accessory
building. The applicant will replace the existing driveway serving the residence with curb
and sidewalk and construct new half-width street improvements along the site's frontage
on SW Spruce.Street. The applicant will construct an ADA ramp to facilitate access
between the proposed accessory building and the existing church. The applicant will plant
additional trees within the existing church parking lot as required by the City's urban
forestry standards.No other changes are proposed to the existing parking lot and
driveway. The applicant will collect stormwater runoff from all new impervious surfaces
on the site and convey it to an on-site stormwater pond for treatment and detention. The
applicant will discharge treated stormwater into the vegetated corridor on the south end of
the site at less than predevelopment rates.
i. The site slopes downhill to the south. Therefore stormwater
runoff from the site flows onto adjacent properties under existing conditions. The
proposed development will intercept some of that runoff and divert it to the stormwater
pond and then into the vegetated corridor, potentially reducing the amount of stormwater
flowing onto adjacent properties.
ii. The applicant will design, install and shield outdoor lights on
the site to limit offsite glare. The majority of outdoor lighting will be on the north and
east faces of the building. No new parking lot lights are proposed. One light is proposed
above the door to the gymnasium on the west wall of the building.
iii. The proposed building is located and designed to limit offsite
impacts. Windows in the gymnasium portion are located near the roof and the building is
fully enclosed. The applicant will plant a variety of trees, shrubs and groundcovers
between the west wall of the proposed building and the boundary of the site to screen and
buffer the structure from adjacent residential properties. The stormwater pond will also be
heavily landscaped. The proposed building will be setback 20 feet from the western
boundary of the site.
b. Mr. Yokoi testified that the church wants to have a positive impact on
the community. The proposed building will be setback from adjacent properties and the
setback areas will be landscaped to buffer adjacent properties. The accessory building
will primarily be used during the daytime. He agreed to a condition of approval
prohibiting use of the gymnasium between 10:00 p.m. and 7:00 a.m. in order to limit
potential noise impacts. The church will work with neighbors to mitigate any unforeseen
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 3
impacts that may occur. The church plans to replace the existing fence between the site
and the Mimnaughs' property.
4. Eric Nichols testified that water appears to accumulate in the crawlspace below
his house under existing conditions. He expressed concerns that the proposed stormwater
pond will exacerbate this problem.
5. Jeff Mimnaugh questioned who will be responsible if the proposed stormwater
facility fails and causes flooding on adjacent properties. He expressed concerns with
potential lighting and noise impacts on adjacent properties.
6. The hearings officer closed the record at the end of the hearing and announced
his intention to approve the application subject to conditions.
C. DISCUSSION
1. City staff recommended that the hearings officer approve the application, based
on the affirmative findings and subject to conditions of approval in the Staff Report. The
applicant accepted those findings and conditions without exceptions. The hearings officer
adopts the findings and conclusions in the Staff Report as his own except to the extent
they are inconsistent with the findings and discussion in this final order.
2. Concerns were expressed with existing runoff and stormwater ponding
problems in the area. The applicant is not required to remedy all existing and perceived
problems. The Code only prohibits the applicant from making things worse. However the
hearings officer finds that the proposed development will not increase the overall volume
of runoff flowing onto adjacent properties. To the contrary, the proposed development is
likely to reduce the overall volume of stormwater runoff flowing onto adjacent properties.
As Mr. Weller testified, stormwater falling on this site flows downhill to the south, onto
the adjoining properties, under existing conditions. The proposed development will
intercept some of that existing runoff and convey it to a stormwater facility south of the
proposed building for treatment and detention. The applicant will discharge the treated
stormwater to the wetlands on the south end of the site. The proposed stormwater
facilities will capture some portion of the runoff that would otherwise flow onto adjacent
properties and divert it to the stormwater facility, reducing the total area of the site that
drains towards adjacent properties. The stormwater facility is unlikely to fail. A
professional engineer will design the facility considering the expected volume of runoff
from the site, the soil types on the site, and other factors. City engineering staff will
review the design to ensure it complies with accepted requirements for such facilities.
3. The hearings officer finds that the proposed development will not cause
excessive noise impacts on adjacent properties. The majority of activities on the site will
occur within the fully enclosed building. The building will be setback 25 feet or more
from abutting properties. The applicant will provide dense landscaping between the
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 4
building and abutting residential properties to the west. In addition, activities on the site
are subject to the noise limits of section 6.02.430.A Tigard Municipal Code (the "TMC"),
which provides the following limitations on noise:
a. Noise, measured at the boundary of residential properties, in excess of
40 dB at any time between 10 p.m. and 7 a.m. the following day;
b. Noise, measured at the boundary of residential properties, in excess of
50 dB at any time between 7 a.m. and 10 p.m. the following day;
c. Noise that is plainly audible at any time between 10 p.m. and 7 a.m. the
following day within a noise-sensitive unit which is not the source of sound; and
d. Noise that is unnecessarily loud within a noise- sensitive unit which is
not the source of the sound.
Activities on the site are subject to these noise limitations. The applicant agreed to
prohibit use of the gymnasium between 10 p.m. and 7 a.m. the following day. A condition
of approval is warranted to that effect.
4. The hearings officer finds that lighting on the site will not impact adjacent
properties. Section 18.725.030.E of the Tigard Development Code (the"TDC")prohibits
on-site lighting from casting direct or reflected glare on adjacent properties. The applicant
states that recessed down lights are proposed for the outdoor security lighting. The west
exit will have a single wall mount fixture above the door with appropriate shielding to
prevent glare or light intrusion on neighboring properties.
5. The proposed development will have no impact on parking. The proposed
accessory building is intended to support the existing church. It will not increase the
capacity of the church or generate additional traffic and parking demand. Parking impacts
generated by the existing church are not relevant to this application. Parking is permitted
on public streets in the area on a first-come, first served basis. On-street parking is not
reserved for abutting residents and their guests.
6. There is no evidence that the proposed building will increase the amount of
graffiti in the area. Any new walls will provide an additional "canvas" for graffiti.
However there is no evidence that the proposed building will attract a disproportionate
amount of graffiti. The applicant will install low-level security lighting to facilitate visual
surveillance of the building and the applicant, like all other property owners in the City, is
required to promptly remove any graffiti that may occur. TMC 6.02.060.
7. Concerns were expressed about problems with noxious vegetation growing on
the site under existing conditions. TMC 6.02.020.A requires the applicant remove any
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 5
noxious vegetation growing on the property or in the right-of-way abutting the property.'
It is in the applicant's interest to maintain vegetation on the site in compliance with these
regulations.Neighboring residents should inform the applicant if vegetation on the site is
not being maintained. Neighbors can also contact the City to request enforcement of these
standards. Enforcement is generally a complaint driven process. The City relies on citizen
complaints to identify violations. However, once a violation has been identified, the City
will enforce the laws. Neighbors can initiate the enforcement process by reporting any
violations they observe.
D. CONCLUSIONS
Based on the findings and discussion provided or incorporated in this final order, the
hearings officer concludes that the applicant sustained the burden of proof that the
proposed conditional use permit, sensitive lands permit, and adjustment, do or will
comply with the applicable criteria of the Community Development Code,provided
development that occurs after this decision complies with applicable local, state, and
federal laws and with conditions of approval warranted to ensure such compliance occurs
in fact.
E. DECISION
In recognition of the findings and conclusions contained herein, and incorporating the
Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP 2014-00003 (Japanese International Baptist Church),
subject to the following conditions of approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Gary Pagenstecher,
503-718-2434. The cover letter shall clearly identify where in the submittal the
required information is found:
' TMC 6.01.020.L defines"Noxious vegetation"as:
1. Weeds more than 10 inches high;
2. Grass more than 10 inches high,with the exception of agricultural crops;
3. Poison oak,poison ivy or similar vegetation;fire;4Vegetation that is likely to cause 5. Blackberry
bushes that extend into a right-of-way or across a property line;
6. Vegetation that is a health hazard;
7. Vegetation that is a health hazard because it impairs the view of the right-of-way or otherwise
makes use of the right-of-way hazardous;
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 6
1. Prior to site work, the project arborist shall perform a site inspection for tree
protection measures, document compliance/non-compliance with the urban
forestry plan and send written verification with a signature of approval directly to
the city manager or designee within one week of the site inspection.
2. The project arborist shall perform twice monthly site inspections for tree
protection measures during periods of active site development and construction,
document compliance/non-compliance with the urban forestry plan and send
written verification with a signature of approval directly to the project planner
within one week of the site inspection.
3. Prior to site work, the applicant shall submit to the City of Tigard the current
Inventory Data Collection fee for urban forestry plan implementation. The
inventory fee is $958.00 ($147. first tree; $28 x 22 additional planted (16) and
existing (7)trees; $195 for 1 stand of trees).
4. Prior to site work, the applicant shall provide a tree establishment bond that meets
the requirements of the Urban Forestry Manual Section 11, Part 2. The bond
amount is $7,056.
(16 planted trees x $441/tree)
5. The applicant shall provide a franchise hauler service provider letter confirming
the existing facility has adequate capacity.
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @tigard-
or.gov) for review and approval:
6. Prior to any work on site, a Public Facility Improvement (PFI) permit is required
for this project to cover street improvements, public utility issues, and any other
work in the public right-of-way. Six (6) sets of detailed public improvement plans
shall be submitted for review to the Engineering Department. The PFI permit
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. Failure to
provide accurate information to the Engineering Department will delay processing
of project documents.
7. Prior to any work on site, the applicant shall obtain approval from the City
Engineer for the street design which is anticipated to include a 16-foot paved half
width plus an 5-foot planter, 5-foot sidewalk street trees, lights and any required
signs.
8. Prior to any work on site, the applicant shall obtain approval from the City
Engineer of a design access report.
9. Prior to any work on site, the applicant shall obtain approval from the City
Engineer and other appropriate agencies for the final design of the storm drainage
system to serve the site and any downstream impacts. Revise plans to show
Spruce Street draining to existing drainage along the north side of the street.
Submit the area of untreated runoff.
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 7
10. Prior to any work on site the applicant shall obtain city and CWS approval of the
complete design of the stormwater detention facilities and maintenance plans for
them, including maintenance requirements and provisions for any treatments used.
11. Prior to any work on site, the applicant shall provide documented approval from
the Tualatin Valley Water District (TVWD) of the design of the proposed water
and fire service.
12. Prior to any work on site, the applicant shall provide approval from Tualatin
Valley Fire &Rescue (TVF&R) for the planned access and hydrant location.
13. Prior to any ground disturbance on the site, the applicant shall obtain an erosion
control permit issued by the City of Tigard pursuant to ORS 468.740 and the
Federal Clean Water Act. The plan shall conform to the "Erosion Prevention and
Sediment Control Design and Planning Manual, February 2003 edition (and any
subsequent versions or updates)."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF A BUILDING PERMIT:
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @tigard-
or.gov) for review and approval:
14. Prior to issuance of building permits, the applicant shall obtain all permits and
service provider letters necessary from all appropriate agencies (such as Washington
County, Tualatin Valley Water Department and Clean Water Services) for all work
to be done on site.
15. Prior to issuance of building permits, the applicant shall obtain approval from
Tualatin Valley Fire and Rescue.
16. Prior to issuance of building permits, the applicant shall demonstrate that the
reconstructed sewer lateral, including portions that are not replaced, meet
standards.
17. Prior to issuance of building permits, the applicant shall obtain city approval of
plans for the construction of the stormwater treatment facilities and a Storm Water
Connection Authorization.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
The applicant shall contact the COMMUNITY DEVELOPMENT DEPARTMENT
ATTN: Gary Pagenstecher 503-718-2434.
18. Prior to a final building inspection, the applicant shall call for a final planning
inspection to ensure the project was completed as shown on the approved plan.
Submit to the Engineering Department(Greg Berry, 503-718-2468 or greg @tigard-
or.gov)for review and approval:
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 8
19. Prior to final inspection, all elements of the proposed infrastructure (such as
transportation, sanitary sewer, storm drainage, water, etc.) shall be in place and
operational with accepted maintenance plans. The developer's engineer shall
provide written certification that all improvements, workmanship and materials
are in accord with current and standard engineering and construction practices,
and are of high grade, prior to city acceptance of the development's improvements
or any portion thereof for operation and maintenance.
20. Prior to final inspection, the applicant shall obtain an approved Washington
County Facility Permit for the complete construction of required street
improvements.
21. Prior to final inspection, the applicant shall obtain city and CWS approval of the
complete construction of the stormwater treatment facilities and maintenance
plans. (Contact Brian Wheatley at 503-718-2610).
22. Prior to final inspection, the applicant shall provide a final sight distance report.
23. Prior to final inspection, the applicant shall provide approval from Tualatin Valley
Fire & Rescue (TVF&R) for access and hydrant location and any other necessary
construction.
24. Prior to final inspection, the applicant shall submit payment of$5,950 for the fee
in-lieu of relocating utilities underground.
OPERATION OF THE FACILITY SHALL
COMPLY WITH THE FOLLOWING CONDITION:
25. The gymnasium shall not be used between 10 p.m. and 7 a.m. the following day.
THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18)MONTHS
FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION.
DATED this I day of January 2014.
604-
Joe Turner, Esq., AICP
City of Tigard Land Use Hearings Officer
CUP 2014-00003 Hearings Officer Final Order
(Japanese International Baptist Church) Page 9
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