Hearings Officer Packet - 03/23/1986 - First Church of Christian Science•
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1640 HEARING OFFICER DECISION
3/87 First Church of Christian Scientist
CU 7-86
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• CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s) : CU 7-86
2. Name of Owner: Albert & Virginia Misterek
• 3. Name of Applicant: First Church of Christian Sciercist
A' Address 13975 SW Pacific Hwy. city_Tigard, _stPteOR Zip 97223
4. Location of Property:
Address 14305 - 14325 SW 112th
Legal Description 2S1 10AB lot 2200
5. Nature of Application: Request for Conditional use approval to construct a
21,600 sq. ft. religious a'sembly use on property zoned R-4.5 (Single Family
_Residential, 4.5 units/acrd
6. Action: Approval as requested
XX Approval with conditions
Denial
7 . Not'".e: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX_ Affected governmental agencies
8. Final Decision:
THE DECISION SHALL BE FINAL ON March 23, 1987 UNLESS AN APPEAL IS
The adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall
Blvd. , P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal:
Any party to the decision may appeal this decision in accordance with
18.32.290(A) and Section 18.32.370 which provides that a written appeal
may be filed within 10 days after notice is given and sent.
The deadline for filing of an appeal is 4:30 P.M. __march_ 21,__9R7
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-41.71.
0257P
BEFORE THF HEARINGS OFFICER
FOR. THE CITY OF TIGARD
IN TI-IE MATTER OF THE APPLICATION) No. CU 7-86
FOR. a conditional use permit to )
construct a building for r.eli- )
gious assembly; First Church of )
Christian Scenti.st, applicant. )
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of February 26 , 1987 , at the
Tigard Civic Center Town Hall Room, in Tigard, Oregon; and
The applicant requests approval of a conditional use permit
to construct a building for religious assembly on property
described as Tax Lot 2200 , Map 2S1 Section 10AB, City of Tigard,
County of Washington, State of Oregon; and
The Hearings Officer conducted a public hearing on February 26 ,
1987 , at whicl `ime testimony, evidence and the Planning Department
Staff Report were received; and
The IIear. i.ngs Officer adopts the findings of fact and conclu-
sions contained in the Staff Report, a copy of which is attached
hereto, marked "Exhibit A" and incorporated by reference herein
NOW THEREFORE IT IS HEREBY ORDERED THAT CU 7-86 be and hereby
is approved subject to the following conditions.
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR
TO ISSUANCE OF BUILDING PERMITS .
2. Additional right-of-way shall be dedicated to the Public
along the SW 112th Avenue frontage to increase the right-of-way
Page 1 - CU 7 -96
to 25 feet from centerline. The description for said dedication
shall be tied to the existing right-of-way centerline as established
by Washington County. The dedication document shall be on City
forms and approved by the Engineering Section. DEDICATION FORMS
• AND INSTRUCTIONS ARE AVAILABLE FROM THE CITY ENGINEERING SECTION.
3. Evidence demonstrating that the assessment has been paid
in full, for Derry Dell Sanitary Sewer L. I .D. shall be provided
to the City Engineering Office and Building Office by the applicant
prior to issuance of any permits (and prior to recording of the
partition) .
4 . The applicant shall provide for roof rain drainage to
the public stormwater system.
5. The applicant shall provide for connection of proposed
buildings to the public sanitary sewerage system. A connection
permit is required.
6. Improvements including concrete sidewalk (s) and driveway
apron (s) and utilities shall be installed along the SW 112th Al'enue
frontage. Said improvements shall be designed and constructed to
local street standards and shall conform to the alignment of
07) existing adjacent improvements;
further said improvement shall
extend from applicants most northerly lot line to the most easterly
line of the existing 20 ' wide right-of-way as such intersects
the 40 ' wide right-of-way of SW 112th Avenue.
7 . Seven (7) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost estimate,
stamped by a Registered Professional Civil Engineer , detailing
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all proposed public improvements shall be submitted +:o the
Engineering Section for approval.
8. Construction of proposed public improvements shall
not commence until after the Engineering Section has issued
approved public improvement plans. The section will require
posting of a 100% Performance Bond and the payment of a permit
fee. Also, the execution of a street opening permit or construc-
tion compliance agreement shall occur prior to, or concurrently
with the issuance of approved public Improvement plans. SEE
THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING
FEE SCHEDULES, BONDING, AND AGREEMENTS .
9. A non-remonstrance agreement for the future development
of public storm sewer shall be executed by the applicant, on
City forms, and Ehall be reviewed and approved by the City prior
to recording.
10. A revised site/landscape plan shall be submitted for
Planning Director approval that is consistent with Code require-
ments including:
a. Street trees
b. Buffering for parking area
c. Retention of existing trees along south and west
property lines
d. Identification of landscaping materials
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11. This approval is valid if exercised within one year
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of the final approval date.
DATED this 6th day of March, 1987.
HEARINGS OFF/CER
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BETH O
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STAFF REPORT 1,7:616(40- j ,:)C•'r'
-,---- AGENDA ITEM 2. 1
JANUAR*-8--1997 - 7:00 P.M.
TIGARD HEARINGS OFFICER
TIGARD CITY HALL -• TOWN HALL
1312.5 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1 . General Information
CASE: Conditional Use CU 7-86
REQUEST: To construct a 3,750 square foot building for religious .
assembly.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R--4.5 (Residential, 4.5 units/acre)
APPLICANT: First Church of OWNER: Albert & Virginia Misterek
Christian Scientist 11420 SW 114th Avenue
13975 SW Pacific Hwy. Tigard, OR 97223
Tigard, OR 97223
LOCATION: 14305 to 14325 SW 112th Avenue (WCTM 2S1 10AB, Tax Lot 2200)
2. Background Information
A Minor Land partition (MLP 10-86) , Lot Line Adjustment (M 13-86), and
Variance (V 30_.-86) were recently approved by the City but the new
parcel configurations have not been approved or recorded . Last year,
an application for a Lot Line Adjustment (M 6--86), Subdivision
(S 13-86), and Variance (V 13....86) was submitted but it was withdrawn
prior to the public hearing.
3 . Vicinity Information
Properties to the north and south are also zoned R-4.5 and developed
with single family residences. The western portion of the property is
bordered by 114th Avenue mid single family homes zoned R-2
(Residential, 2 units/acre) lie beyond. Land zoned R-12 (Residential,
12 units/acre) is immediately east of 112th Avenue and to the southeast.
4. Site Information and Proposal Description
The property is vacant and the applicant is proposing to build a church
on what will be the southernmost parcel approved through MLP 10--86/M
13-86 noted above. Access via one driveway onto 112th Avenue with a 30
space parking lot to the north and west: of thQ church building is
anticipated. The building will be two stories with approximately 3,750
square feet: of floor area and a maximum auditorium/chapel capacity of
84 .
`. TAF F Pt PORI CU 7- 86 PAGE L
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. The conditions of approval for MLP 10-86/M 13-86 have not been
met and essentially the same conditions of approval will apply to
the proposed conditional use,
b. 112th Avenue is a local street which requires a right-of-way
width of 25 feet from centerline.
c. The 20 foot wide dedicated right-of-way adjacent to the
southeasterly portion of the subject property should be vacated.
City policy requires the improvement of all abutting street
right-of-way and since no street is necessary, the applicant
should initiatt- vacation proceed4ngs. The future access for Tax
Lot 500 immediately to the south should be provided with an
access easement and joint driveway access to 112th Avenue.
d. The subject property was within the boundaries of the Derry Dell
Trunk Sanitary Sewer L.I .D. (Bancroft #4) and City records
indicate all assessments have been paid.
e. Because complete storm sewer facilities do not serve this area,
the applicant should execute a non-remonstrance agreement to
participate in a future local improvement district (L.I.D. ) for
seorm drainage facilities .
The Building Inspection Division states that if there are any other
buildings on the subject property, consideration must be given to
septic systems, storm drain lines, etc.
General Telephone has no objection to the request.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The proposed church and related facilities are consistent with
conditional use standards for building setbacks, minimum lot size
(20,000 sq. ft. ), and other Code requirements related to visual
clearance, availability of necessary services and the R-4.5 zone.
Additional discussion is necessary relating to access, the site plan,
and relationship with the previous approval for MLP 10--86/M 13 -86.
1 . Access
The Community Development Code requires that two--way driveways be
a minimum of 24 feet in width. The applicant' s proposed site
development plan shows that this requirement will be met by a
driveway apron of 28 feet and a driveway width of 24 feet.
STAFF REPORT - CU 7-86 - PAGE 2
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Also, the appropriate method for providing access for this
project and parcel to the south (Tax Lot 500) will be with a
joint driveway on 112th Avenue. Access to Tax Lot 500 is
presently provided with a 20 foot wide public right-of-way.
Since it is not appropriate to develop this as a public street,
it should be vacated with the necessary access and utility
easements put in its place. The driveway entrance to the church
should be located so that the subject property and Tax Lot 500
can use one common access onto 112th Avenue.
2. Site Plan
The site/landscaping plan is conceptual in nature, but sufficient
information is shown to confirm that Code requirements can be met
relating to parking, street trees, buffering, and landscaped
area. Prior to development, a detailed site/landscaping plan
must be submitted for Planning Director approval.
3 . Relationship to MLP 10-86/M 13-86
As noted above by the Engineering Division, the conditions of
approval for this and the previous partition application are
virtually the same. The City will expect compliance with these
conditions before either proposal receives final approval .
C. RECOMMENDATION
Based upon the discussion above, the Planning staff recommends approval
of CU 7-86 subject to the following conditions:
1 . UNLESS OTHERWISE NOTED, Al..l.. CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
2. Additional right-of-way shall be dedicated to the Public along
the SW 112th Avenue frontage to increase the right:-of--way to 25
feet from centerline. The description for said dedication shall
be tied to the existing right-of-way centerline as established by
Washington County . The dedication document shall be on City
forms and approved by the Engineering Section. DEDICATION FORMS
AND INSTRUCTIONS ARE AVAILABLE FROM THE CITY ENGINEERING SECTION.
3 . Joint use and maintenance agreement shall be executed and
recorded on City standard forms for all common driveways. Said
agreement shall be referenced on and become part of all
applicable parcel Deeds and shall be approved by the Engineering
Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE AVAILABLE
FROM THE CITY ENGINEERING SECTION.
• STAFF REPORT - CU 7-86 - PAGE 3
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4. The driveway apron for the applicants most southerly lot shall be
designed to facilitate joint access-egress with Tax Lot No. 500.
An alternative to this provision would be to vacate this 20' wide
• section of SW 112th and provide other access to Tax Lot No. 500.
Applicant should work with adjacent property owners and the
Engineering Division to effect the latter option.
5. Evidence demonstrating that the assessment has been paid in full,
for Derry Dell Sanitary Sewer L.I.D. shall be provided to the
City Engineering Office and Building Office by the applicant
prior to issuance of any permits (and prior to recording of the
partition) .
6. The applicant shall provide for roof rain drainage to the public
stormwater system.
7. The applicant shall provide for connection of proposed buildings
to the public sanitary sewerage system. A connection permit is
required .
8. Improvements including concrete sidewalk(s) and driveway apron(s)
and utilities shall be installed along the SW 112th Avenue
frontage. Said improvements shall be designed and constructed to
local street standards and shall conform to the alignment of
existing adjacent improvements; further said improvements shall
extend from applicants most northerly lot line to the most
easterly line of the existing 20' wide right-of-way as such
intersects the 40' wide right-of--way of SW 112th Avenue.
9 . Seven (7) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the Engineering Section
for approval .
10. Construction of proposed public improvements shall not commence
until after the Engineering Section has issued approved public
improvement plans. The section will_ require posting of a 100%
Performance Bond and the payment of a permit fee. Also, the
execution of a street opening permit or construction compliance
agreement shall occur prior to, or concurrently with the issuance
of approved public improvement plans. SEE THE ENCLOSED_HANDOUT
GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES,
BONDING AND AGREEMENTS.
11 . A non-remonstrance agreement for the future development of public
storm sewer shall be executed by the applicant, on City forms,
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and shall be reviewed and approved by the City prior to recording.
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12. A revised site/landsc..ping plan shall be submitted for Planning
Director approval that is consistent with Code requirements
including:
STAFF REPORT --- CU 7-86 - PAGE 4
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a. Street trees
b. Buffering for parking area
c. Retention of existing trees along south and west property
lines
d. Identification of landscaping materials
e. Two—way driveways 24 feet wide
f. New location of driveway to allow joint access from
Tax Lot 500 or verification that another legal form of
access will be utilized.
13 . This approval is valid if exercised within one year of the final
approval date.
sCler.`-'1 —P)'ATIKk
PREPARED BY: Tom Dixon APPROVED BY: Wi liam A. Monahan
Assistant Planner Director of Community
Development
(TD:cn/2856P/0031P)
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STAFF REPORT — CU 7-86 -- PACE 5