Hearings Officer Packet - 01/11/19930 0
AGENDA
TIGARD HEARINGS OFFICER
MONDAY, JANUARY 11, 1993 - 7:00 P.M.
TIGARD CIVIC CENTER - TOWN HALL
13125 SW HALL BLVD., TIGARD, OR 97223
1. CALL TO ORDER
2. PUBLIC HEARINGS
2.1 CONDITIONAL USE CUP 92-0005 ST. ANTHONY'S/PAULSEN (NPO #2)
A request for Conditional Use approval to construct three
classrooms of approximately 3,015 square feet and a library of
approximately 1,214 square feet with related site
improvements. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.54, 18.100, 18.106, 18.108, and
18.130. LOCATION: 8935 SW McKenzie Street (WCTM 2S1 2BD, tax
lot 201) ZONE: R-12 (Residential, 12 units/acre) The R-12
zone allows single family attached/detached residential units,
multiple-family residential units, residential care
facilities, mobile home parks and subdivisions, public support
services, family day care, home occupations, temporary uses,
and schools and related facilities as a conditional use.
3. OTHER BUSINESS
4. ADJOURNMENT
0
" 9 COMMUNITY NEWSPAPERS,, INC. Legal
IV P.O. BOX 370 PHONE (503) 684.0360 Notice TT 1422
BEAVERTON. OREGON 97075
Legal Notice Advertising
• • ❑ Tearsheet The following will be considered by the Tigard Hearings Officer on Mon-
City of Tigard day, January 11, 1993 at 7:00 P.M. at Tigard Civic Center - Town Hall,
P
.O. Box 23397 13125 S.W. Hall Blvd., Tigard, Oregon. Both public oral and written tes-
• Tigard, 2 97223 • El Duplicate 1 timony is invited The purl c hearinon this atter will be conducted in
accordance with the rules of Chapter 18.32 of the Tigard Municipal Code,
• • and rules and procedures of the Hearings Officer. Failure to raise an issue
in person or by letter precludes an appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on that
criterion. Further information may be obtained from the Planning Division
AFFIDAVIT OF PUBLICATION at 13125 S.W. Hall Blvd., Tigard, OR 97223, or by calling 6394171.
STATE OF OREGON, ) PUBLIC HEARINGS
COUNTY OF WASHINGTON, )ss'
11 furli th Knahl ar
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the- Tigard Tirnt-
a newspaper of general circ Btion as defined in ORS 193.010
and 193.020; published at 12ar in the
aforesaid county and state; that the
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for one successive and
consecutive in the following issues:
December 31, 1992
CONDITIONAL USE CUP 92-0005
ST. ANTHONY'SMAULSEN (NPO #2)
A request for Conditional Use approval to construct an approximately
5,225 square foot addition to the Kelly Center consisting of a library and
three classrooms. APPLICABLE REVIEW CRITERIA; Community
Development Code Chapters 18.54, 18.100, 18.106, 18.108, and 18.130.
LOCATION: 8935 S.W. McKenzie Street (WCTM 2S 12111), tax lot
201). ZONE: R-12 (Residential, 12 units/acre). The R-12 zone allows
single family attached/detached residential units, multiple-family residen-
tial units, residential care facilities, mobile home parks and subdivisions,
public support services, family day care, home occupations, temporary
uses, and schools and related facilities as a conditional use.
M422 -Publish December 31, 1992.
Subscribed and swor to before me this3l, day of December 1992 -1 /
r
Notary Public for Oregon
My Commiss n Expires.
AFFIDAVIT, _ .
T I 0 RD H E A R I N G S O F F I
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT)
AGENDA ITEM: 2.1 CASE NUMBER(S): CVC -d
OWNER/APPLICANT: AV4lAtw\u'?S /I mdse V\
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LOCATION: ~C~LAZIC qd&f I Z~J~ -2-oi~
NPO NUMBER: DATE OF HEARING:
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT Against the proposal)
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0 0
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding a request by Kenneth Paulsen for St. Anthony ) F I N A L O R D E R
Church for a conditional use permit to expand the Kelly )
Center facility at 8935 SW McKenzie Street ) CUP 92-0005
in the R-12 zone in the City of Tigard, Oregon ) (St. Anthony Church)
1. SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit to enlarge the Kelly Center by
building a 5272-square foot addition containing three classrooms and a library. Parking for
the addition will be provide by existing parking on or adjoining the site. No increase in
enrollment or change in activities on the site is planned as a result of the enlargement.
Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application
on January 11, 1993. City staff recommended conditional approval of the permit. The
applicant accepted the staff report and recommendation without objection. No one else
appeared at the hearing or submitted written testimony about the application.
LOCATION: 8935 SW McKenzie Street; WCTM 2S1 2BD, Tax lot 201
COMPREHENSIVE PLAN: Medium Density Residential
ZONING: R-12 (Residential, 12 units/gross acre)
APPLICANT: Kenneth Paulsen, Architect
OWNER: Archdiocese of Portland
APPLICABLE LAW: Community Development Code Ch. 18.054.040, 18.054.050,
18.106.020 and .030, 18.108.050, 18.130.040, 18.130.150, 18.150.020 and .030,
18.164.030, 18.164.070, 18.164.090, 18.164.100; Comprehensive Plan Policies 2.1.1,
4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3
STAFF RECOMMENDATION: Conditionally approve
HEARINGS OFFICER DECISION: Conditionally approved
II. FINDINGS ABOUT SITE AND SURROUNDINGS
The Hearings Officer incorporates by reference the findings about the site and surroundings
in Section II of the City of Tigard Staff Report dated January 11, 1993.
III. APPLICABLE APPROVAL STANDARDS
The Hearings Officer incorporates by reference the approval standards in Section III of the
City of Tigard Staff Report dated January 11, 1993.
Page I - Hearings Officer decision
CUP 92-0005 (St. Anthony Church)
N. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS
A. Hearing.
Hearings Officer Larry Epstein received testimony at the public hearing about this
application on January 11, 1993. A record of that testimony is included herein as
Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written
Testimony). These exhibits are filed at the Tigard City Hall.
B. Summary of oral testimony.
City Planner Ron Pomeroy testified for the City. He summarized the staff report and
recommendation. Architect Ken Paulsen and principal Barbara Rosins1d testified for
the applicant and accepted the staff report and recommendation without objection.
C. NPO and Agency Comments.
The Hearings Officer incorporates by reference the NPO and agency comments in
Section IV of the City of Tigard Staff Report dated January 11, 1993.
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code and Comprehensive Plan.
The Hearings Officer incorporates by reference the findings about compliance with the
Community Development Code and Comprehensive Plan in Section V of the City of
Tigard Staff Report dated January 11, 1993.
VI. SITE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and surrounding area.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed conditional use permit complies with the
applicable criteria and standards 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 recognition of the findings and conclusions contained herein, and incorporating the Staff
Report and other reports of affected agencies and public testimony and exhibits received in
this matter, the Hearings Officer hereby approves CUP 92-0005, subject to the conditions
of approval recommended in the January 11, 1993 Staff Report.
DATED "s 14th day of,~, 1993.
0
Larry
Page 2 - Hearings 0y1cer decision
CUP 92-0005 (St. Anthony Church)
r
0 0
AGENDA ITEM _2_I
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Kenneth Paulsen for STAFF REPORT
Saint Anthony's Church to allow the construction CUP 92-0005
of three classrooms and a library at the Kelly Center.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 92-0005
SUMMARY: The applicant requests Conditional Use approval to allow the
construction of three classrooms of approximately 3,015 square
feet each, and a library of approximately 1,214 square feet at the
Kelly Center for the purpose of creating additional facilities for
Saint Anthony's School.
APPLICANT: Kenneth Paulsen OWNER: Archdiocese of Portland
5638 SW Haines Street 2838 E. Burnside Street
Portland, OR 97219 Portland, OR 97214
COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential
ZONING DESIGNATION: R-12 (Residential, 12 units per acre)
LOCATION: 8935 SW McKenzie Street (WCTM 2S1 2BD, tax lot 201)
APPLICABLE LAW: Community Development Code Chapters 18.54.040, 18.54.050(A)(6),
18.106.020(P), 18.106.030(B)(9)(b), 18.108.050, 18.130.040, 18.130.050(8)(6),
18.130.150(C)(9), 18.150.020(E), 18.150.030(A), 18.164.030(A), 18.164.030(E),
18.164.070(A)(1)(b), 18.164.090, 18.164.100, and Comprehensive Plan Policies
2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Background Information:
This site was first reviewed for development by the City in 1981 (SDR
26-81). Since that site development review, the City also reviewed both
a conditional use application (CUP 20-82) and minor land partition (MLP
9-82) in 1982. No other land use applications for this site have been
submitted to the City for review.
B. Vicinitv Information:
The site is located west of the southwest corner of Pacific Highway and
SW Johnson Street. Saint Anthony's Church, Rectory, and Convent, Saint
Anthony's School and parking lots for these facilities encompass the
entire block, except for the southeast corner which contains a single
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN
PAGE 1
% : 0 0
family residence, Bergmann's Restaurant and Judy's Costumes. The
subject site is located in the center of the block with an approximately
30 foot wide accessway leading to'SW McKenzie Street. The majority of
the block in under the ownership of Saint Anthony's Parish, and The
Franciscan Fathers of California.
C. Existing uses and structures:
The site is developed with a multi-use building referred to as the Kelly
Center. The site is well landscaped and is connected to adjacent uses
and parking areas by three paved walkways.
III. APPLICABLE APPROVAL STANDARDS
A. Communitv Development Code:
1. Chapter 18.54.040 lists Schools and Related Facilities as a
Conditional Use in the R-12 zone. This proposal is classified as
a Major Modification to a Conditional Use as defined by Section
18.130.050(B)(6) which states:
An increase in the floor area proposed for nonresidential
use by more than 10 percent where previously specified.
The proposal approximately doubles the size of the Kelly Center.
2. Chapter 18.130.040 contains the following general approval
criteria for a Conditional Use:
1) . The site size and dimensions provide:
a. Adequate area for the needs of the proposed use; and
b. Adequate area for aesthetic design treatment to
mitigate possible adverse effects from the use on
surrounding properties and uses.
2) The characteristics of the site are suitable for the
proposed use considering size, shape, location, topography,
and natural features.
3) All required public facilities have adequate capacity to
serve the proposal.
4) The applicable requirements of the zoning district are met
except as modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114
(Signs) and Section 18.120.180 (Approval Standards) Site
Development Review, if applicable, are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 2
3. Section 18.130.150(0)(9) contains the following additional
Conditional Use criteria for Schools:
a. Lot Size:
i. There shall be no minimum lot size requirements for
scholls other than what is required for the
applicable zoning district;
b. Setbacks:
i. The front yard setback shall be a minimum of 30 feet.
ii. On corner lots and through lots, the setback shall be
a minimum of 20 feet on any side facing a street,
plus meet visual clearance areas (Chapter 18.102);
iii. The side yard setback shall be a minimum of 20 feet;
and
iv. The rear yard setback shall be a minimum of 30 feet.
4. Section 18.54.050(A)(61 specifies that the minimum landscaping
requirement shall be 20 percent.
5. Section 18.150.020(EI requires a permit and contains standards for
removal of trees having a trunk 6 inches or more in diameter
measured four feet above the ground on undeveloped residential
land. A permit for tree removal must comply with the following
criteria as specified in Chapter 18.150.030(A):
a. The trees are diseased, present a danger to property, or
interfere with utility service or traffic safety;
b. The trees have to be removed to construct proposed
improvements or to otherwise utilize the applicant's
property in a reasonable manner;
C. The trees are not needed to prevent erosion, instability,
or drainage problems;
d. The trees are not needed to protect nearby trees as
windbreaks or as a desirable balance between shade and open
space;
e. The aesthetic character in the area will not be visually
adversely affected by the tree removal; and
f. New vegetation planted by the applicant, if any, will
replace the aesthetic value of trees to be cut.
6. Section 18.106.030(B)(9)(b) (Parking) requires that 1.5 parking
space be provided for every employee, plus 1 space for each 100
square feet of floor area in the auditorium or other assembly, or
one space for each 8 seats, whichever is greater.
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 3
7. Bicycle parking requirements (Section 18.106.020(P1) states that
one bicycle parking space is required for each 15 automobile
parking spaces.
8. Section 18.108.050 requires that a pedestrian walkway extend from
the ground floor entrances to the streets which provide the
required access and egress.
9. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining
a development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.0301E1 requires a minor collector to have a
minimum 60 foot right-of-way, 40 foot minimum roadway
width, and 2-3 moving lanes.
C. Section 18.164.070 Ab1 requires sidewalks adjoining
both sides of the public right-of-way.
d. Section 18.164.090 requires sanitary sewer service.
e. Section 18.164.100 requires adequate provisions for storm
water runoff and dedication of easements for storm drainage
facilities.
B. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the
planning and development review process.
2. Policy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and
regional water quality standards.
3. Policy 7.1.2 provides the City will require, as a condition of
development approval, that public water, sewer, and storm drainage
will be provided and designed to City standards and utilities
placed underground.
4. Policy 7.3.1 provides the City will coordinate water services with
water districts.
5. Policy 7.4.4 requires all new development to be connected to an
approved sanitary sewer system.
6. Policy 8.1.1 provides the City will plan for a safe and efficient
street and roadway system that meets current needs and anticipated
future growth and development.
7. Policy 8.1.3 provides the City will require as a precondition of
approval that:
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 4
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0
a. Development abut a dedicated street or have other adequate
access;
b. Street right-of-way shall be dedicated where the street is
substandard in width;
C. The developer shall commit to construction of the streets,
curbs, sidewalks to City standards within the development.
d. The developer shall participate in the improvement of
existing streets, curbs, and sidewalks to the extent of the
development's impacts;
e. Street improvements shall be made and street signs or
signals shall be provided when the development is found to
create or intensify a traffic hazard.
IV. NPO & AGENCY COMMENTS
1. Tigard Water District has no objections to this proposal. However, the
Water District notes that all portions of the new addition must be
within 250 feet of a fire hydrant.
2. The City of Tigard Building Division and Operations Department, City of
Tigard Police Department, the State Highway Division, Portland General
Electric, and General Telephone have reviewed this proposal and have
offered no comments or objections.
V. EVALUATION OF REQUEST
A. Compliance with Communitv Development Code.
Section 18.130.040: The construction of school facilities in an R-12
zone requires a Conditional Use approval. This proposal is consistent
with the applicable criteria. The site provides adequate area for the
construction of the proposed classrooms and library. There are no
apparent physical obstacles to this use on the site. Adequate public
utilities are available to serve this use as addressed further in this
report. Setbacks, lot coverage, and building height requirements of the
R-12 zone, and the applicable Comprehensive Plan Policies can be
satisfied by this proposal.
Section 18.130.150(0)(9): The construction of the proposed classrooms
and library either meet or exceed all lot area and setback requirements
of this code section. This site is approximately 0.96 acres in area.
The front yard setback of the existing Kelly Center is approximately 30
feet. The rear yard is approximately 50 feet. The north and south side
yard setbacks of the expansion will be approximately 55 and 20 feet
respectively.
Section 18.106.030(8)(9) (Parking) can be satisfied by the three
existing off-site parking lots which currently serve the Kelly Center,
Saint Anthony's Church, and Saint Anthony's School. There is an
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 5
0 0
additional parking lot located across SW McKenzie Street which also
serves these facilities. The two proposed classrooms will provide a
total of new 70 seats. The library and science room are not full time
classrooms but will be used by classes on an intermittent basis.
Therefore, based on the ratio of one space for every eight seats, the
proposed use requires the provision of a total of 9 additional parking
spaces.
The applicant's narrative states that 90 parking spaces are provided by
the adjacent parking lots. The subject site currently provides no
parking spaces of its, own and none are proposed in conjunction with
this application. Even though the adjacent parcels are under different
ownerships, the uses are directly connected. Since the hours of
operation of some of the uses on these adjacent parcels differs from
that of the Kelly Center, the parking for the Kelly Center has
historically been provided by these adjacent parcels. Adequate bicycle
parking is provided by the adjacent school. Though this parking
arrangement has been used for a number of years, the City has no
evidence of a parking agreement to guarantee this arrangement.
Therefore, while no parking spaces are provided on the subject site, the
parking requirements shall be met upon the provision of a reciprocal use
agreement between the site and those parcels which currently provide the
required parking.
Section 18.54.50(A1(61 requires that at least 20 percent of the site be
landscaped. The applicant states that the landscaping will form a
transition leading from the baseball field and playground to the
proposed expansion. Grass will be replanted in areas disturbed by
construction in addition to providing arborvitae in planters which are
located to the east of the proposed addition. The applicant also states
that the areas immediately to the north and south of the addition will
be planted with rhododendrons under the eaves of the building to match
the planting scheme of the existing building. More than 20 percent of
the site will be landscaped upon completion of this expansion. In
addition, a large portion of the surrounding tax lots are presently
landscaped or being used as playground and recreation areas. Therefore,
this code section is satisfied.
Section 18.108.050 requires that a pedestrian walkway extend from the
ground floor entrances to the street which provides the required access
and egress. Since this parcel is in the center of the block, it is not
practical to construct a dedicated pedestrian walkway leading to SW
McKenzie Street. Rather, the site plan shows three existing walkways
that lead to the parking areas which serve this site. Staff contends
that by demonstrating that the use of this site is connected to the
parking areas which serve the site by these existing walkways, the
intent of this code section has been met. Therefore, this code
requirement has been satisfied. The reciprocal parking agreement would
confirm this site may also use other existing walkway extensions.
Section 18.150 (Trees) The applicant's narrative states that all
existing major fir trees will be retained. The preliminary site plan
and subsequent site visit do not indicate the need to remove any trees
over six inches in diameter as a result of this expansion. Therefore,
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 6
a tree removal permit will not be required unless it is shown that such
trees will need to be removed.
Section 18.164.030(E) (Minimum Rights-of-way and Street Widths) contains
the regulations pertaining to street standards. In discussions with the
applicant during the pre-application conference, it was determined the
majority of the traffic would be utilizing the parking area adjacent to
the south side of the school (along Pacific Highway). Access to this
parking area is from SW Johnson Street. Southwest Johnson Street is
classified as a minor collector, and therefore is required to meet the
following minimum standards (all distances are from centerline of right-
of-way): 30 feet of right-of-way, 20 feet of pavement, curb and
sidewalk. There currently is 25 feet of right-of-way, approximately 15
feet of pavement and no curb or sidewalk. The applicant should be
required to provide half-street improvements from the intersection of
SW Johnson Street. and Pacific Highway to the west end of the second
driveway on Johnson Street (west of the convent).
The standard half-street improvements may place the sidewalk and right-.
of-way close to the existing school building. Minor variations in both
the sidewalk and right-of-way standards should be allowed, if necessary,
to avoid conflicts with the existing building.
Section 18.164.090 requires the provision of sanitary sewer service.
The site is currently being served by an adequate public sanitary sewer
system. Therefore, no conditions should be required concerning the
public sanitary sewer line.
Section 18.164.100 requires the adequate provision or storm drainage
facilities. The existing building is connected to the public storm
sewer system which is located in SW Johnson Street. The applicant
should be required to meet the requirements of the Building Department
for the adequate disposal of the additional storm water resulting from
this proposed expansion.
The Unified Sewerage Agency has established, and the City has agreed to
enforce (Resolution and Order No. 91-47), Surface Water Management
Regulations requiring either the construction of on-site water quality
facilities or the payment of fees in-lieu of their construction.
Construction of an on-site water quality treatment facility is not
appropriate because the site is small compared to the development plan,
and the loss of area for the on-site facility would preclude effective
development. In addition, requiring surface water quality facilities
on small sites would result in numerous facilities that would become a
maintenance burden to the City. Furthermore, the applicant has not
proposed any such facilities and there are no natural depressions or
other areas of this site that are particularly suitable for water
quality facilities. Regional facilities, funded by fees in-lieu of
construction of these facilities, would provide the required treatment
with improved reliability and less maintenance. Therefore the applicant
should be required to pay the fee in-lieu of constructing an on-site
facility.
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 7
B. Compliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive
Plan Policies as follows:
1. Policy 2.1.1 is satisfied because NPO #2 has been informed of this
proposal and has been given an.opportunity to comment. In addition,
notice of the public hearing specifying an opportunity to comment has
been sent to nearby property owners. Public testimony regarding the
proposal was received and duly considered at the Hearing Officer's
January 11, 1993 public hearing.
2. Policy 4.2.1 is satisfied because the City shall require a fee-in-lieu
of the installation of an on-site water quality treatment facility.
3. Policies 7.1.2, 7.3.1 and 7.4.4 provide that the City will require as
a condition of development approval that public water, sewer, and storm
drainage will be provided and designed to City standards and that
utilities shall be placed underground. This conditional use permit
proposal complies with these policies because the applicant will extend
public sewer and water systems to this site and will provide for
underground installation of telephone, electricity, and cable television
lines as appropriate. Additionally, the City will assist in the
coordination of the provision of water services with Tigard Water
District.
4. Policy 8.1.1 and 8.1.3 provide that the City will plan for a safe and
efficient street and roadway system that meets current needs and
anticipated future growth and development. This application complies
with Policies 8.1.1 and 8.1.3 because the development abuts a dedicated
street. Vehicular access to the site is provided at additional points.
Appropriate street improvements will be required along the affected
portion of SW Johnson Street as specified in conditions of approval
noted below.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request and proposed
major modification of this existing site will promote the general welfare of the
City and will not be significantly detrimental nor injurious to surrounding
properties provided that development which occurs after this decision complies
with applicable local state and federal laws.
In recognition of the findings staff recommends APPROVAL of CUP 92-0005 subject
to the conditions which follow.
ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR
COMPLETION SHALL -BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE
CHRIS DAVIES IN THE ENGINEERING DEPARTMENT, 639-4171.
1. Additional right-of-way shall be dedicated to the Public along the SW
Johnson Street frontage to increase the right-of-way to 30 feet from the
centerline. The description shall be tied to the existing right-of-way
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 8
centerline. The City Engineer may approve minor variations to the
right-of-way width where necessary to avoid encroachment of existing
buildings into the right-of=way. The dedication document shall be on
City forms. Instructions are available from the Engineering Department.
2. Standard half-street improvements, including concrete sidewalk, driveway
apron, curb, asphaltic concrete pavement, sanitary sewer, storm
drainage, streetlights, and underground utilities shall be installed
along the SW Johnson Street frontage. Improvements shall be designed
and constructed to minor collector street standards and shall conform
to either the alignment of existing adjacent improvements or to an
alignment approved by the City of Tigard Engineering Department. Half-
street improvements shall be installed from the intersection of SW
Johnson Street and Pacific Highway to the second driveway west of that
intersection .
3. The applicant shall pay fees as established under the guidelines of
Resolution and Order No. 91-47; Surface Water Management. NOTE: Fees
shall be paid prior to issuance of building permits. STAFF CONTACT:
Brad Roast, Building Division.
4. If it is unfeasible to underground the utilities, as required for the
half-street improvements, the applicant may pay a fee in-lieu of
undergrounding as determined by the Engineering Department.
5. A reciprocal use agreement between the site and those parcels which
shall provide parking for the site shall be submitted to the Planning
Division for verification. STAFF CONTACT: Ron Pomeroy, Planning
Division.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE
OF THIS DECISION.
vo~"_ cry o-e-A
Prepared By: Ron Po~ieroy
Assistant` Planner
J , a9J_1_JWa
Approved By: Dick Beifsdorff
Senior Planner
cl-'73
Date
Date
HEARINGS OFFICER - CUP 92-0005 - ST. ANTHONY'S/PAULSEN PAGE 9
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CONDITIONAL USE APPLICATION
ST. ANTHONY'S KELLY CEN'T'ER
Background:
The existing St. Anthony's primary school building, located at the
west corner of Pacific Hwy. and Johnson St., is at capacity with
current enrollment. Also, plans for future highway widening
improvements suggest that an addition to the existing school
building would be inappropriate. Additonally, maintenance and
operation costs of this older building have been high. The
proposed addition to the existing Kelly Center, located about 200
feet from the existing school on the same property, solves these
problems. It provides the needed additional capacity, will not
interfere with the possible future highway widening, and lessens
maintenance and operating problems.
The four room addition includes a library, two classrooms and a
science classroom. A small enclosed outdoor garden area may also
be developed to the north of the library. The balance of the
property, including parking lots, buildings and play area' is to
remain unchanged.
Three existing on-site parking lots serve St. Anthony's Church,
School, and Kelly Center. As the parking needs for the school are
relatively light, the existing site provisions are more than ample,
providing a total of T901-spacei including two handicap parking
stalls at the west end of the site. Also, another parking lot
across McKenzie St. provides additional parking for the church.
This proposal does not include providing additional parking for our
addition. Although our understanding is that religious
institutions are exempt from the requirements of the new ADA
accessibility laws, we will designate a handicap parking stall on
an existing parking area as you require.
Our proposal includes landscaping to match the Kelly Center
existing landscaping. All existing major fir trees will be
retained. The existing grass would be replanted in areas disturbed
by construction. The location of the addition adjacent to a
playing field and baseball diamond, would prohibit the use of major
trees. The style of architecture suggests a clean transition from
ground to building and the existing building features pyramidal
arborvadie along blank walls in selected locations. We will
provide matching trees at matching spacing in planters located to
the east of the addition. Areas immediately to the north and south
of the addition will be planted with rhododendrons under the eaves
of the building, to match the existing building planting scheme.
This addition is architecturally compatible with the existing Kelly
Center building. The impact on the church property and
neighborhood is minimal. This project will comply with all
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