Hearings Officer Packet - 08/22/1985 - Tigard Christian Church 1640 HEARING OFFICER DECISION
8/85 Tigard Christian Church
CU 4-85 and V 14-85
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION)
FOR A CONDITIONAL USE PERMIT TO )
ADD AN AUDITORIUM, OFFICE AND ) No.
RESTROOMS TO AN EXISTING CHURCH )
AND A VARIANCE TO ALLOW FRONT ) CU 4-85/V 14-85
YARD SETBACK OF 3. 5 FFET WHERE )
20 FEET IS REQUIRED; Tigard
Christian Church, applicant.•
The above-entitled matters came before the Hearings
Officer at the regularly scheduled meeting of August 22, 1985,
at the Durham Waste Treatment Plant, in Tigard, Oregon; and
The applicant requests a conditional use permit to
add an auditorium, office and restrooms to an existing church,
and a variance to allow front yard setback of approximately 3. 5
feet where 20 feet is required, on property zoned R-12 (PD)
(Residential, 12 units/acre , planned development) , and located
at 13405 SW Hall Boulevard, property more specifically described
as Tax 701, Map 2S1-2DA, City of Tigard, County of Washz. -Iton,
State of Oregon; and
The Hearings Officer conducted a public hearing on
August 22, 1985, at which time testimony, evidence and the Planning
Department Staff Report were received; and
The Hearings Office adopts the findings of fact and
conclusions 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 4-85 and V 14-85
be and hereby are approved subject to the following conditions:
Page 1 - CU 4-85/V 14-85
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1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE
MET PRIOR TO ISSUANCE OF BUILDING PERMITS .
2. Five (5) 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.
3. Sanitary sewer plan-profile details shall be pro-
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vided as part of the public improvement plans.
4 . 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, the payment of a permit
fee and a sign installation/streetlight fee. Also, the execution
of a street dedication 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 AGREE-
MENTS.
(7 5. A permit is required to be obtained from the State
) Highway Division for work to be done within S.W. Hall Blvd.
6. Additional right-of-way shall be dedicated to the
public along S.W. Hall Blvd. frontage to increase the right-of-
way to 30 feet from centerline. An additional 10 feet shall •
be encumbered in the form of a dedication or Permanent Roadway
•
Easement to allow for the placement of sidewalks and utilities.
Page 2 - CU 4-85/V 14-85
The description for said dedication and/or easement shall be
tied to the right-of-way centerline as established by the City.
The dedication and/or easement document shall be on City forms
and approved by the Engineering Section. The dedication required
herein shall be subject to the approval of the City Council , and
the State of Oregon. Should the State of Oregon not agree to
the right of-way dedication and easement alternatives described
herein, the applicant shall dedicate sufficient right.-of-way to
satisfy the State of Oregon and the City of Tigard.
7. Half-street improvements including sidewalks, curbs ,
streetlights, storm drainage and utilities shall be installed
along the S.W. Hall Blvd. frontage. Said improvements along
S.W. Hall Blvd. shall be built to arterial standards as established
by City of Tigard L. I .D. No. 85-1 (Hall-Burnham) .
8. A no parking zone shall be created along S.W. O'Mara
Street by the City of Tigard.
9. Any utility relocations which may be necessary to
be done, as a result of the improvements, shall be done at the
applicant' s expense except that covered by local improvement
districts proposed for the area.
10. A sanitary sewer connection shall be made if the
church property is within 300 feet of a sewer line. In lieu
of a connection, a non-remonstrance agreement and Washington
County Health Department approval for the continued use of the
septic system shall be required.
Page 3 - CU 4-85/V 14-85
1
• 11. A revised site and landscaping plan shall be submitted
for Planning Director approval which includes the following:
a. Parking area in its entirety.
b. Location and design of six (6) bicycle rack spaces.
c. Landscaping concept which conforms with Chapter
18. 100 of the Code.
12. Landscaping materials shown on the approved land-
scaping plan shall be installed prior to occupancy of the addition.
13. This approval is valid of exercised within one year
r
of the final decision da e.
DATED this 73 day of August, 1985 .
HEARINGS OFFICER
APPROVED:
—;) ,
:ETH .4 ' air
l`
Page 4 - CU 4-85/V 14-85
[{1"
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STAFF REPORT AGENDA ITEM 2.2
THURSDAY, AUGUST 22, 1985 - 7:00 P.M.
TIGARD HEARINGS OFFICER
DURHAM WASTE TREATMENT PLANT
• Corner of SW Hall and Durham
rIGARD, OREGON 97223
r
A. FACTS
1. General Information
CASE: Conditional Use CU 4--85, Variance V 14-85
REQUEST: For approval to add an auditorium, office and restrooms to
an existing church and to allow a front yard setback of
approximately 3 .5 feet where 2.0 feet is required.
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
ZONING DESIGNATION: R-12 (PD) (Residential, 12 units/acre, planned
development)
APPLICANT: Villa Ridge Christian Chu. ch OWNER: Same
13405 SW Hall Blvd.
Tigard, OR 97223
LOCATION 13405 SW Hall Blvd. (WCTM 2S1 2DA Tax Lot 701)
2. Background
No previous land use applications have been reviewed by the City
relating to this property.
3 . Vicinity Information
The property to the north and west is zoned R--12(PD) (Residential, 12
units/acre, planned development) and the properties on the south side of
O'Mara Street are zoned R-4 .5 (Residential, 4 .5 units/acre) . Hall Blvd.
and an area zoned R-12 (Residential, 12 units/acre) lie to the east
4. Site Information
A church building including assembly area and classrooms is presently
located on the eastern half of the property . A parking area lies to the
east, west, and south of the building with one driveway on Hall Blvd.
and two driveways on O'Mara Street.
The applicant proposes to expand the church to the east by constructing
a new assembly area and offices. Although not included for review in
this application, additional classrooms and gym are intended for the
future•
STAFF REPORT CU 4 85 PAGE 1
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The expansion will necessitate the removal of the parking lot and
•
driveway on Hall Blvd. and the enlargement of the western parking and
the installation of one additional dr3.veway on O'Mara Street. A total
• of 175 standard parking spaces will be provided.
The development of the property will require the dedication of
additional street right--of-way along the Hall Blvd. frontage. Because
of this anticipated dedication, the new construction will require the
approval of a variance to allow building setback of approximately 3 .5
feet where 20 feet is required.
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. A permit is required to he obtained from the State Highway
• Division for work to be done within S.W. Hall Blvd.
b. A no-parking zone shall be created along S.W. O'Mara Street by the
City of Tigard.
c, Any utility relocations which way be necessary to be done, as a
result of the improvements, shall be done at the applicant's
expense.
d. Additional right--of--way shall be dedicated to the Public along
S.W. Hall Blvd. frontage to increase the right-of--way to 30 feet
from centerline. An additional 10 feet shall be encumbered in the
form of a dedication or Permanent Roadway Easement to allow for
the placement of sidewalks and utilities. The description fur
said dedication and/or easement shall be tied to the right-of--way
centerline as established by the City . The dedication and/or
easement documents shall be on City forms and approved by the
Engineering Section.
e, Half--street improvements including sidewalks, curbs, streetlights,
storm drainage, and utilities shall be installed along the SW Hall
Blvd. frontage. Said improvements along SW Hall Blvd. shall be
built to arterial standards as established by City of Tigard
I.I.D. No. 85---1 (Hall-Burnham) .
f. The policy of U.S.A. and Tigard is to require connection to public
sewer when said facilities are within 300 feet: of the property. A
sanitary sewer connection or a non•-remonstran•.;e agreement
regarding future sewer service will be necessary . If the septic
system will continue to be utilized, approval for the increased
usage must be approved by the Washington County Healt, Department .
The Building Inspection Division and the State Highway Division have no
objection to the proposal .
STAFF REPORT - CU 4--85 PAGF 7
The Tualatin Rural Fire Protection District notes that all portions of
the building must be within 250 of a fire hydrant. Also, no building
shall require a fire flow over 3,000 GPM unless sprinklers or Internal
fire walls are installed.
No other comments have been received.
B. ANALYS7.S AND CONCLUSIONS
Except for the setback variance discussed below the proposed addition is
in conformance with the applicable requirements relating to access, lot
coverage, vision clearance and the supplemental standard!, contained in
Section 18. 130. 150 of the Coda relating to minimum lot area (20,000 sq,
ft. ) and corner, side, and rear yard setbacks (20 ft. ) . Additional
information should be submitted concerning parking and landscaping.
Parking
The submitted site plans show sufficient detail for the parking layout
near the building but the western portion of the parking area is only
illustrated conceptually . A scale drawing of the entire parking area
should be submitted for Planning Director approval.
Also, the Code calls for one secure bicycle parking space for every 15
required vehicle parking spaces. Since 89 parking spaces are required,
sig (6) bicycle rack spaces must be installed.
Landscaping
The proposed building and parking area will not exceed the 80% lot
coverage standard in the Code. The remaining area will be landscaped
but a landscaping plan has not been prepared for review.
Section 18. 134.050 of the Code contains the following criteria which
must be met prior to granting a variance.
1 . The proposed variance will not be materially detrimental to the
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and
• standards; and to other properties in the same zoning district or
vicinity;
2. There are special circumstancev that exist which are peculiar to
the lot size or shape, topography, or other circumstances over
which the applicant has no control, and which are not applicable
to other properties in the same zoning district;
3 . The use proposed will he the same as permitted under this Code and
City standards will he maintained to the greatest extent that is
reasonably possible, while permitting some economic use of the
land;
STAFF REPORT CU 4- 85 -- PAGE 3
4. Existing physical and r .. l systems, such as but not limited to
traffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the development
were located as specified in the Code; and
5. The hardship is not self- imposed and the variance requested is the
minimum variance which would alleviate the hardship.
The setback standards for churches on .A corner lot are primarily k
intended to prevent encroachment upon ,creets and intersections . The
majority of the building will comply to th', 20 foot setback standard and
only two triangular portions of the ass,nbly area will project into the
required setback arca. The sections of the building will be within the
setback arca are over 140 north of the O'Mara Street intersection and
therefore vision clearance problems will not result.
The floor plan and present building location are such that the proposed
assembly room location on the east is the most feasible location. Also,
an assembly area with a long, narrow configuration to accommodate
setback requirements would not be as desirable.
The proposed expansion is permitted as a conditional use and All other
aspects of the building design will conform with the Code. The variance
will have no effect upon existing physical and natural systems. The
variance is based upon the property line after the necessary
right-of--way for Hall Blvd. is dedicated. No additional right-of-way or
street widening on Hall Blvd. is foreseen.
The hardship is not self-imposed and the addition would comply with
setback requirements if the larger than normal right-of-way dedication
(80 ft. total v. 50 ft. ) Hall Blvd.
C. RECOMMENDATION
Based upon the discussion above, the Planning staff recommends approval
of CU 4-85 and V 14-85 subject to the following conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
Z. Five (5) 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 .
3 . Sanitary sewer plan--profile details shall be provided as part of
the public improvement plans.
STAFF REPORT •-• CU 4-85 - PAGE 4
ai.
4 . 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, the payment of a permit fee and a sign
installation/streetlight fee. Also, the execution of a street
dedication 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.
5. A permit is required to be obtained from the State Highway
Division for work to be done within SW Hall Blvd .
6. Additional right-c`-way shall be dedicated to the public along
S.W. Hail Blvd. frontage to increase the right--of--way to 30 feet
from centerline. An additional 10 feet shall be encumbered in the
form of a dedication or Permanent Roadway Easement to allow for
the placement of sidewalks and utilities . The description for
said dedication and/or easement shall be tied to the right-of--way
centerline as established by the City. The dedication and/or
easement document shall be on City forms and approved by the
Engineering Section.
7. Half-street improvements including sidewalks, curbs, streetli_;lits,
storm drainage and utilities shall be installed along the S.W.
Hall Blvd . frontage. Said improvements along SW Hall Blvdshall
be built to arterial standards as established by City of Tigard
L.I.U. No. 85-1 (Hall--Burnham)
8 . A no parking zoned shall be created along S.W. O'Mara Street by
the City of Tigard .
9. Any utility relocations which may be necessary to be done, as a
result of the improvements, shall be done at the applicant's
expense.
lh. A sanitary sewer connection shall be made if the church property
is within 300 feet of a sewer line. In lieu of a connection, a
non-remonstrance agreement and Washington County Health Department
approval for the continued use of the septic system shall be
required.
11 . A revised site and landscaping plan shall he submitted for
Manning Director approval which includes the following:
a. Parking area in its entirety .
b. Location and design of six (6) bicycle rack spaces .
c. Landscaping concept which conforms with Chapter 18 . 100 of
the Code.
STAFF REPORT - CU 4-85 - PAGE 5
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12. Landscaping materials shown on the approved landscaping plan shall
be installed prior to occupancy of the addition.
13 . This approval is .valid if exercised within one year of the final
decision date. I
?7/
/A 1.
PREPARES BY: Keith Liden P E BY: William A. Monahan
Associate Planner Director of Community \\
Development
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(1753P/dmj)
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STAFF REPORT _. CU 4-85 - PAGE 6