Hearings Officer Packet - 05/24/1984 - Start Right ' •
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1640 HEARING OFFICERIMIDE,M1,111111111111111.
G/84 Start Right, Inc.
CU 1-84
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RECEIVED
• ON 12 1984
CITY OF 11GARD
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOP. CONDITIONAL USE APPROVAL TO No.
OPERATE A CHILDREN' S DAY-CARE )
FACILITY ON PROPERTY ZONED R-4 . 5; )
CU 1-84
Start Right, Inc. , )
Applicant.
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of May 24 , 1984 , at the Durham
Waste Treatment Plant, Tigard, Oregon, at which time testimony,
evidence and the Planning Department' s Staff Report were receivad;
and
The Hearings Officer adopts the findir -s and conclusions
contained within the Staff Report, a copy of which is attached
hereto and incorporated by reference herein and marked Exhibit "A" ;
and
The Hearings Officer further finds that '"ax Lots 800 , 900
and 1.000 are operated by these applicants as a single business,
even though there is a separate dwelling unit on each tax lot.
Therefore, the Hearings Officer finds jurisdiction over all of the
ownership involved in the operation of this business , and conditions
of approval of this application as follows :
IT IS HEREBY ORDERED
CU 1-84 is approved subject to the following conditions :
1 . An access Hermit. shall be obtained from the State Highway
Division for any new driveway exit onto Hall Blvd.
2 . The proposed site Plan shall be modified to include a
P,� �� 1 - CU 1-84
6-foot tall sight obscuring fence along the eastern boundary of the
. subject property (TL 800) and a minimum of 6 parking spaces which
conform with the standards in the Code (Chanter 18 . 106) . These
revisions shall be approved by the Planning Director prior to issu-
ance of building permits. All construction shall be completed and
approved prior to issuance of an occupancy permit.
3 . A 6-foot tall , sight obscuring fence shall be provided
along the east boundary of TL 900 as per the condition of approval
• for SDR 1-81. A].1 construction shall be completed and approved
prior to issuance of an occupancy permit.
4 . Waivers of Remonstrance shall be filed for improvements
• along Hall Blvd. for Tax Lots 800 , 900 and 1000. In addition,
sufficient property shall be dedicated along Hall Blvd. to provide
the necessary right-of-way for future street improvements. The
amount of property required for dedication shall be determined by
the City Engineer.
5. The applicant shall obtain a building permit prior to the
installation of any sians.
6. This annroval is valid for the period of one year from
the final decision date noted below.
7. The property shall be accessed only by a one-way traffic
pattern entering the property off Knoll and exiting the property on
Hall Blvd. , using a shared driveway between Tax Lots 800 and 900.
The traffic pattern shall be subject to the approval of the City
Engineri.
DATED this day of June, 1984 .
HEARINGS OFFICER
APP ROVSDi-
0)&/- 4G• �� �, Page 2 - CU 1-84
BETH MASON
Aglow
l
Hearings Officer
Conditional Use (CU 1-84)
May 24, 1984
Agenda Item 2.2
Durham Waste Treatment Plant
APPLICATION: Request by Start Right, Inc. for conditional use approval to
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separate a children's day care facility on property zoned R-4.5 (Residential,
4.5 units/acre) located at 12340 SW Hall Blvd. (Wash. Co. Tax Map 2S1 IBC, Tax
Lot 800).
A. FINDING OF FACT
1. Background
A Conditional Use permit for the parcel on the corner of Hall
Blvd. and Hunziker Street (Tax Lot 1000) was granted in 1967 and
• 1968 (CU 13-67 and CU 16-68) for a day care center and an
expansicn was approved in 1975 (CU 15-•75). Conditional Use
approval was granted in 1980 (CU 15-80) to allow the expansion of
the business to the adjoining lot on the north (Tax Lot 900).
Site Development Review approval was subsequently granted in 1981
(SDR 1-81) for Tax Lot 900 subject to the following conditions :
a. All conditions of Conditional Use, CU 15-80 shall be met.
b. The fence along the eastern edge of Tax Lot 900 shall be
eight (8' ) feet in height and site obscuring. The remaining
fence around Tax Lot 900 shall be six (6' ) feet high.
L. The applicant shall apply for a sign permit before
installation of any signs.
d. The applicant shall dedicate the necessary property to allow
for a forty-five (45' ) foot right-of-way along Hall
• Boulevard for both Tax Lot 1000 and Tax Lot 900.
e. A City of Tigard approved Non-remonstrance Agreement must be
recorded by Washington County and returned to the City of
Tigard Planning Department before issuance of Building
Permits or change of property ownership.
In response to an appeal by the applicant , City Council amended
Condition 4. to provide a maximum 36-toot right-of-way from the
Hall Blvd. centerline for Tax Lots 900 and 1000 and a
non-remonstrance agreement be signed for future improvements along
the Tax Lot 900 frontage.
CU 1-84 - PAGE 1
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2. Vicinity Information
The properties east of Hall Blvd. are zoned R-4.5 (Residential,
4.5 units/acre) and the CBD (Central Business District) zone is on
the west side. Knoll Drive is a one-way local street which has an
entrance from Hall blvd. on the north side of the subject property.
3. Site Information and Proposal Description
The property contains a single family residence which has a
driveway onto Hall Blvd. and Knoll Drive. The applicant proposes
to convert the house into a childrer's day care facility that will
be open from 6:30 A.M. to 6:00 P.M. on weekdays. A one-way
driveway with an entrance on Knoll Drive and an exit on Hall Blvd.
wi' l be installed as part of the renovation. Five parking spaces
will be provided on the east side of the building.
4. Agency and NPO Comments
The Engineering Division concurs with the State Highway Division
on street improvement requirements.
The State Highway Division recommends half street improvements
including 25 foot wide pavement from centerline, curb, and six (6)
foot wide sidewalk along Hall Blvd. If no ac:ess is needed onto
Hall Blvd. street improvements are not required.
The Building Inspection Office and NPO #5 have no objection to the
proposal.
Comments have not been received from Tualatin Rural Fire
Protection District .
B. ANALYSIS AND CONCLUSION
This proposal will expand the day care center to include the three
residences located between Hunziker Street and Knoll Drive. This
facility should act as a suitable buffer between Hall Blvd. and the
remaining residences to the east. The traffic generated by the day care
center is only directed towards Hall Blvd. and Hunziker Street and
therefore Knoll Drive should be unaffected by this request .
The previous Site Development Review approval (SDR 1-81) required an
8-foot tall sight obscuring fence along the eastern boundary of Tax Lot
900. This apparently was not done and should remain as a condition of
approval. A continuation of this fence north along the eastern boundary
of the subject property (Tax Lot 800). Section 18. 120. 180 A. S. of the
Code provides the authority for a buffering requirement .
CU 1 -84 - PACE 2
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Section 18.106.030 of the Code requires that children's day cart
facilities provide 5 parking spaces, plus one additional space for each
classroom. Information regarding the number of classrooms was not
submitted, however, it appears that at least 6 spaces should be provided.
C. RECOMMENDATION
The Planning staff recommends that Conditional Use application CU 1-84
be approved subject to the following conditions:
1. An access permit shall be obtained from the State Highway Division
for the new driveway exit onto Hall Blvd.
2. The proposed site plan shall be modified to include an 8-foot tall
sight obscuring fence along the easterN boundary of the subject
property (TL 800) and a minimum of 6 parking spaces which conform
with the standards in the Code (Chapter 18.106). These revisions
shall be approved by the Planning Director prior issuance of
building permits.
3. An 8-foot tall, tight obscuring fence shall be provided along the
east boundary of TL 900 as per the condition of approval for SDR
1-81 .
4. Half street improvements including 25 foothalf street
improvements including 25 foot wide pavement from centerline, curb
and six (6) foot wide sidewalk along Hall Blvd. If no access is
needed onto Hall Blvd. , street improvements are not required.
5. The applicant shall obtain a building permit prior to the
installation of any signs.
6. This appro"rai is valid for the period of one year prom the final
decision date noted below.
/ �G� _ )(17.0`0-04
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PREPARE. B' : Keit Liden l� 17eZZewo.APPROVED BY: William A. Monahan
Associate Planner Director of Planning and
Development
KSL:pm/045OP)
• CU 1-84 - PAGE 3
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Department of Human Resources
CHILDREN'S SERVICES DIVISIaq
Driy Care: CI:,r,op, Tillamook, COumbii,, Washington,
Clackamas, Hood River, Vasco F. Sherman Counties
PLAZA 217, 7460 SSV'. HUNZIKER RD , SUITE B, TIGARD, OR 97223 PH. 229-5007
November 22, 1983
City of Tigard
Manning I)!partrrent
P.O. Box 23397
Tigard, OR 97223
To Whom It May Concern:
This letter is written in support of Joyce Levear's request to increase
the number of children cared for at Start Right Day Care and Preschools
by expanding the program to three buildings.
Mrs. Levear has indicated that she is particularly interested in expand-
ing services for infants and toddlers or those children under the age of
2'; years. Care for this age group is particularly in demand in Washing-
ton County. Two inforration and referral services that serve this coun-
ty reported that 63% and 58% of their calls last month were for care for
children under the age of 2 years. in September, 73% of the calls were
for this type of care. Mrs. Levear reports that she has a waiting list
of 17 Children, 11 of whom are infants and toddlers.
Mrs. Levear is providing a needed service in this community and desires
to increase that service. If you have any questions regarding day care
certification policies or procedures as you consider her request, do not
hesitate to call.
Sin orely,
7<•, Lt-c- (A-)
StrH-an 'trotter
Il:ry rare Specialist
ST:dw
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