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Hearings Officer Packet - 07/08/1982 - St Anthony's Church iF ' e .. MOMallial P lib 1640 HEARING OFFICER DECISION 7/ .2 Anthony's Church CU 20-82 , • BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR ) A CONDITIONAL USE PERMIT TO CONTINUE ) No. TO OPERATE A CHURCH AND TO CONSTRUCT ) A COMMUNITY CENTER IN AN A-12 MULTI- ) CU 20-82 FAMILY ZONE; St. Anthony' s Church, Applicant. ) The above-entitled matter came before tLe Hearings Officer at the '_egularlyscheduled meeting of July 8 , 1982, at which time testimony, evidence and the planning department staff report were recieved; and The Hearings Officer adopts the findings and conclusions contained within the staff report, a copy of which is attached 0 hereto and incorporated by reference herein and marked "Exhibit A" ; therefore, TT IS HEREBY ORDERED: CU 20-82 is approved subject to the following conditions : 1. All conditions attached to SDR 26-81 shall be met. 2. The applicant shall submit a site drainage plan to be approved by the City of Tigard Engineering Division, prior to issuance of occupancy permits. J1.TED this 30 day of July, 1982. HEARINGS OFFICER APPROVED: Al 40' 1 i B H BLOUNT .mmimmimmommml r STAFF REPORT AGENDA ITEM 5.1 EXHIBIT "A" TIGARD HEARINGS OFFICER July 8, 1982 - 7:00P.M. Durham Treatment Plant Corner of S.W. Hall and S.W. Durham Tigard, Oregon July 1, 1982 A. FACTS: 1. General Information Case: CU 20-82 St. Anthony's Church NPO # 2 Request: A request by St. Anthony's Church for a conditional Use Permit to continue to operate a church and to construct a community center in an A-12 multi-family zone. Recommendation: Based on staff's analysis, site review and information supplied by the applicant, stafr recommends the Hearings Officer approve the Conditional Use with the conditions as outlined on page 5 of the staff report. Applicant: St. Anthony's Church 9905 S.W. McKenzie Tigard, Oregon 97223 Owner: Same Location: 9905 S.W. McKenzie (Was. Co. Tax Map 2S1 2BD Lot 200) Lot area: 4.29 acres Comprehensive Plan Designation: Urban Medium Density Present Zoning Designation: A-12 (Multi-Family) NPO Comment: NPO # 2 is currently inactive and did not comment on this i application. Public Notices Mailed: 33 notices were mailed. No comments had been received as of the writing of this report. 2. Background On March 22, 1982, the Tigard City Council approved a Site Design Review with conditions (see attached final order) . The Site Design Review was heard before City Council upon a unanimous vote of the Planning Commission to forward the matter up. 3. Vicinity Information The surrounding land uses are as follows: STAFF REPORT CU 20-82 Page 2 The land to the north and west is developed as single family with the exception of the Tiger Oil Company and the St. Anthony Church parking lot. St. Anthony's School and a restaurant lie to the south. The property to the east is vacant and zoned for multi-f?!lily. 4. Site Infomration The church, which has not previously received a Conditional Use Permit, is on the northwest portion of the site , on the corner of Grant & McKenzie. The convent building is in the southeast portion of the site. There is also a house and garage on the site. The community center will be located behind the church. B. AP2LICABLE PLANNING GOALS AND POLICIES 1. LCDC Statewide Planning Goals a. Citizen Involvement: Goal # 1 - The intent of this goal is to insure the opportunity of all citizens to be involved in the planning process. Notices were mailed to all property owners of record within 250 feet of the site. A public notice was published in the Tigard Times on June 24, 1982. h. Land Use: Goal # 2 - All applicable LCDC Goals and Guide- lines, NPO # 2 policies and Tigard Municipal Code sections were considered in review of this application. C. Recreatioml Needs: Goal # 8 - The intent of this goal is to provide for the recreational needs of the citizens of the community. The Kelly Center proposed on this site will be made available to the citizens of Tigard for a wide range of activities. There is only one other community center in the Tigard area located on S.W. Commercial, which is smaller than the proposed Kelly Center. d. Public Facilities: Goal # 11 - The intent of this goal is to insure that public facilities are adequate to serve the proposed site. Sewer is available to the community center from an 8" line off of S.W. Johnson or S.W. Grant. The applicant has indicated to city staff that the sewer will probably be connected to the line in Johnson. The existing church is served with sewer from the 8" line in Grant. Water is available from a 4" line in S.W. Johnson to serve the community center. The church is connected to a 4" water line in Grant. The Tualatin Rural Fire Department Fire Marshall has reviewed the plans for fire protection. (See letter attached.) Site drainage has not been addressed by the applicant. There is public transportation available on S.W. Pacific Highway. aisamitromrsarossarrr STAFF REPORT CU 20-82 Page 3 2. NPO # 2 Policies POLICY 10. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all interveninyy properties as well as the proposed development; and (b) designed to meet City or county standards. POLICY 35. Recreational facilities will be provided to meet the needs of all age groups residing in the Neighborhood. Facilities which must be within close walking distance to be utilized, such as a neighborhood play field or tot lot, will be located within the neighborhood. Facilities capable of serving a larger area, such as a tennis court or senior citizen activity center, can be located adjacent to the ne&.ghborhood if found to serve adequately the residents. The new junior high school site is an example. The developed portion of the site is served with public facilities. Street improvement will be made as required under the Site Design Review for the Kelly Center. The site functions as a community recreation facility with the existing playground and proposed community center. 3. Tigard Municipal Code Section 18.24.020 lists Conditional Uses permitted in Multiple Family zones. Community Recreation and religious assembly are both included. Section 18.72.050 lists general criteria for Conditional Use approval as follows: 18.72.050 - General Criteria for Condtional Use In addition to the requirements of Section 18.72.060, a Conditional Use Permit shall be issued by the Approval Authority if it is determined to conform to the following criteria. a. The use requested would conform with maps, goals and policies of the Tigard Comprehensive Plan, and is listed a a conditional use in the underlying zoning district. b. The granting of the proposal would provide for the facility that is consistent with the overall needs of the community. • STAFF REPORT CU 20-82 Page 4 c. The characteristics of the site are suitable for the proposed use considering sire, shape, locations, topography, existence of improvements and natural features. d. The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use. e. The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying zoning district. 18.72.060(b) Standard Dimensional Requirements for Conditional Use types reads as follows: b. Regligious Assembly and Accessory Uses: 1. Applicab'r zones; Single family residential, multiple family residential, residential commercial and general commercial. 2. Minimum lot size: 20,000 square feet. 3. Setbacks: Front yards - 25 feet. Side and rear yards - 20 feet. 4. Maximum lot coverage: 40%, structure only. 5. Minimum street frontage: 30 feet. 6. Height limitations: In accordance with Section 18.12.110. 7. Off-steet parking required as set forth in Section 19.60.120(3) (b) . 8. Access and egress from street as set forth in Section 18.64. 18.12.110 Building heights limit exceptions. a. The following types of structures or structural parts are not subject to the building height limitations of this title: chimneys, tanks, church spires, belfriee, domes, mouments,fire and hose towers observation towers, masts, aerials, cooling towers, elevator shafts, transmission towers, smokestacks, flagpoles, radio and television towers, and other similar projections. b. Building heights in any zone may be increased as a conditional use to a maximum permitted height of seventy-five feet provided that the total floor area of the buildings does not exceed the area re- quirement of the zone (if any) and provide that in residential zones all yards shall have a minimum depth of not less that one- half the height of the principal structure. (Ord. 70-32 210-9, 1970) . The proposed Kelly Center community center conforms to all of the dimensional requirements for religious assembly end accesory uses. STAFF REPORT CU 20-82 Page 5 The applicant has proposed 143 parking spaces to serve the church and community center; 61 spaces on the site and 82 spaces across S.W. McKenzie. The proposed Kelly Center is 6,300 square feet. Municipal Code Section 18.60.120 (U) requires one space for each 100 square feet of floor. area. Sixty three (63) spaces will be needed for the Kelly Center. Access to the site is from S.W. Grant and S.W. McKenzie. All access ways meet the 24' minimum width. 4. Staff Analysis It is staff's opinion that the existing church and proposed Kelly Center meet the requirements set forth in the Tigard Municipal Code to allow for a Conditional Use. 5. Conditions 1. All conditions atta2hed to SDR 26-81 must be met. 2. Th,: applicant shall submit a site drainage plan to be approved by the City of Tigard Engineering Division prior to the issuance of occupancy permits. Prepared by: ' I ' G , Review by �lrl Eli th A. Newton17 �Y Jer M. Coursolle Associate Planner Associate Planner