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Hearings Officer Packet - 01/13/1997CITY OF TIGARD Community Development CITY OF TIGARD SfwpingABetter Community HEARINGS OFFICER JANUARY 13,1997 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ? TIGARD FIRST BAPTIST CHURCH MAJOR MODIFICATION Q CONDITIONAL USE PERMIT (CUP) 96-0008 FThe applicant has requested review of Major Modification to existing church.] The applicant has proposed to occupy a total of 8,000 square feet of a newly relocated office building for use by the church for related religious assembly purposes. LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 01100. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: R-3.5 Zoning District (Detached, single-family residential). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.96, 18.100, 18.102 18.106, L18.108, 18.120, 18.130 and 18.164. J 3. OTHER BUSINESS & ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 12/9/96 PUBLIC HEARING h:\patty\masters\agendho.mst CITY OF TIGARD HEARING'S OFFICER JANUARY 13,1997 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 ® Anyone wishing to speak on an agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR MEETING AGENDA ITEM(S) ivAreU MAKINU"J Ut-HUER PAGE 1 OF 2 12/9/96 PUBLIC HEARING 0h:\paftMasters\agendho.mst AGENDA ITEM NO. 2• CITY OF TIGARD Community (Development Shaping .A Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 13, 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 96-0008 FILE TITLE: TIGARD FIRST BAPTIST CHURCH MAJOR MODIFICATION APPLICANT: First Baptist Church OWNER: Same 11075 SW Gaarde Street Tigard, OR 97224 REQUEST ? The applicant is requesting Conditional Use Permit approval to occupy an 8,000 square foot building that has been relocated to the site of the existing First Baptist Church. LOCATION: 11075 SW Gaarde Street; WCTM 2S1 03DC, Tax Lot 01100. The site is located at the northwest corner of SW 110th Avenue and SW Gaarde Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. ZONE: R-3.5 (Residential, 3.5 units per acre). The purpose of the R-3.5 zoning district is to establish large urban residential home sites. Religious assemblies are listed as a conditional use in the R-3.5 zoning district. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS FOR THESE SERVICES. CUP 96-0008 TIGARD FIRST BAPTIST CHURCH MAJOR MOD. NOTICE OF 1/13/97 HEARING'S OFFICER PUBLIC HEARING 0 0 ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER DECEMBER 23, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. I ? ? I x Y 1? ? ? I ?) I 1pc YE ' rew I I' lo ECT '?+-i? F CUP 96-0008 TIGARD FIRST BAPTIST CHURCH MAJOR MOD. NOTICE OF 1/13/97 HEARING'S OFFICER PUBLIC HEARING 9 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising •City of Tigard • ? Tearsheet Notice 13125 SW Hall Blvd. •Tigard,0regon 97223 ' ? Duplicate Affidavit *Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. (Kath.? Snvrlar being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-Tualatin Time a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ticlard in the aforesaid county and state; that the C-UP96-0008 Tigard Is Baptist Church Madif a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONF successive and consecutive in the following issues: January 2,1997 Legal Notice TT 8 7 0 0 The following will be considered by the Tigard Hearings Officer on Mon- day, January 13, 1997, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter 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 accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond 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 at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling (503).639-4171. PUBLIC HEARING: CONDITIONAL USE PERMIT (CUP) 96.0008 > TIGARD FIRST BAPTIST CHURCH MAJOR MODIFICATION < A request for Conditional Use Permit approval to occupy an 8,000 square foot office building that has been relocated to the site of the existing First Baptist Church. LOCATION: 11075 S.W. Gaarde Street; WCTM 2S1 03DC, Tax Lot 1100. The site is located at the northwest corner of S.W. 110th Avenue and S.W. Gaarde Street. ZONE: R-3.5. The purpose of the R-3.5 zoning district is to establish large urban residential home sites. Religious assemblies are listed as a conditional use in the R-3.5 zoning district. APPLICABLE REVIEW CRITERIA: Community Develop- ment Code Chapters 18.48,18.96,18.98,18.100,18.102,18.106,18.108, 18.120, 18.130 and 18.164. TT AFFIDAVIT 8700 - Publish January 2, 1997. methis2nd day of January, OFFICIAL SEAL w ROSIN A. BURGESS Nota blic for Oregon ' NOTARY ; !:SLIC - OREGON COMM".e,ON NO. 024552 MY COMMISSION. EXPIRES MAY 16,199' ,. My Commission Expires: • 0 CITY OF TIGARD HEARINGS OFFICER SIGN-IN SHEET Community (Development Shaping ,4 Better Community NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON TNIS SNEET...[Please PRINT Legibhll AGENDA ITEM #: I 2.1 F DATE OF HEARING: 1/13/97 1 Pagel oft 1 FILE NAME(S): TIGARD FIRST BAPTIST CHURCH MAJOR MODIFICATION CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 96-0008 OWNER(S) FIRST BAPTIST CHURCH APPLICANT(S): Same as Owner PROJECT LOCATION: 11075 SW Gaarde Street MAP(S) & TAX LOT(S) NO(S). WCTM 2S1 03DC, Tax Lot 01100 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE ------------------------ PROPONENT (For the proposal) OPPONENT (Against the proposal) ------------------------------- [Pdnt Name/Aodrewfpil aNfillatlon) (Print Name/Addmuflip s AifilladoN Address: i Address: 10 (,ol`& . SL') Gapcty, PL'_ i? City: fiI G(/C U?" State: D{ • Zio: q / ZZ3 City: ? oAc r Q State: C'Y-2 ZiD'1-7 ),?. a e-. b', 32t 0 c? I O s w P ?< 24?3 Name: Name: Address: Address: City: State: Zip: City: State: Zip: h Apatty\masters\sign in ho. mst • EXHIIT A °EICBIBIT A° - PARTIES OF POC ORD • (Written Public Testimony received at- the hearing.) p?ONE EXHIBIT B -E?T B' - TAPED PROC?II?iGS (Verbal recording of hearing including public, staff and Hearings officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. N EXHIBIT C "EXHIBIT CO - WRITTEN TESTIMONY r (App.materials and pertinent cooresp.filed with Hearings officer prior to public hearing.) • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by First Baptist Church ) FINAL ORDER for a conditional use permit for a major modification ) to an existing church at 11075 SW Gaarde Street ) CUP 96-0008 in the City of Tigard, Oregon ) (First Baptist Church) 1. SUMMARY The applicant requests approval of a conditional use permit (CUP) for a major modification to an existing church under CDC 18.130.050.A.6. The applicant proposes to remodel and occupy a two-story, 8000-square foot structure that was moved to the site in 1995. The applicant also proposes to retain an existing structure known as "Bolt Hall" rather than demolishing it as required by a prior minor modification. The applicant proposes associated landscaping and pedestrian improvements. The proposed development will not change the area of the site used for parking nor the number of parking spaces. City of Tigard Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application on January 13, 1997. City staff recommended conditional approval of the permit. See the Staff Report dated december 26, 1996. Two witnesses testified in favor of the applicant and accepted the findings and conditions of approvals recommended by City staff. Two witnesses testified with concerns about parking at and around the church site. No one else appeared at the hearing or submitted written testimony about the application, and the applicant waived its right to have the record held open. The hearings officer closed the record at the end of the hearing and took the case under advisement. For the reasons stated herein, the hearings officer approves the conditional use permit subject to the conditions at the end of this final order. LOCATION: 11075 SW Gaarde Street; WCTM 2S1 03DC, tax lot 01100 COMPREHENSIVE PLAN: Low Density Residential (1-5 dwelling units/acre) ZONING: R-3.5- (Detached single family residential) APPLICANT AND OWNER: First Baptist Church APPLICABLE LAW: Community Development Code ("CDC") Chapters 18.48, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. H. PROCEDURES AND RECORD 1. The City has subjected the application to the procedures for a conditional use permit, and gave timely notice for a hearing at which public testimony could be offered regarding the application. The hearings officer held such a hearing and closed the public record at the end of the hearing. The public record in this matter includes Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). The written testimony includes the Staff Report dated December 26, 1996, relevant written material received by the Community Development Department before the hearing and material the hearings officer received at the hearing. Exhibits are filed at Tigard City Hall. 2. Before the hearing, the hearings officer visited the site and surrounding area. He observed the existing access, structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. Hearings Oricer Final Order January 27, 1997 CUP 96-0008 (First Baptist Church expansion) Page 1 • • 3. At the hearing, Mark Roberts testified for the City and summarized the Staff Report . He explained that, although the CUP will increase the floor area that can be used for church-related activities, the CDC does not require the applicant to provide more parking on the site. The amount of parking required by the CDC is based on the part of the church site that generates the most traffic --- the main congregation space. In this case, the CUP will not affect the main congregation space. Proposed development will not displace existing parking spaces. Therefore the applicant is not required to provide more parking. 4. Tex Whiteman and Joe Fidanzo testified for the applicant. Mr. Whiteman accepted the Staff Report. He explained that the applicant wants to continue to be able to use Bolt Hall for meeting space as it has in the past. The relocated two-story building will be used primarily for Sunday school and Wednesday night meetings. The first floor also will serve the youth members of the church. He said the church does not intend to lease or use the building for other than church-related activities. Mr. Fidanzo testified that about 20 parking spaces at the church have been displaced short-term pending completion of the development associated with the relocated two-story building. He opined that increases church-related parking on area streets until the church completes development proposed in the CUP. He testified the church does not plan further development at any particular time. 5. George and Lori Hughes testified with concerns. In raising concerns about the amount of parking on the church site, Mr. Hughes noted that the two-story building is much larger than the home that was situated there. He testified that he has observed church-related traffic parks on streets in the vicinity of the church. He asked questions about parking and the proposed use of the two-story building that prompted explanations from Mark Roberts, Whiteman and Fidanzo, summarized above. Ms. Hughes also observed church-related traffic parking on area streets, particularly north of Bolt Hall. She also was concerned that, if additional parking is needed, it will adversely affect the natural character of the undeveloped portion of the site. III. APPLICABLE STANDARDS AND RESPONSIVE FINDINGS 1. City staff provided basic facts about the site and vicinity in section III of the Staff Report. They recommended the hearings officer approve the application, based on the applicable standards and responsive findings in section IV of the Staff Report and subject to conditions of approval in section II of the Staff Report. The applicant accepted the findings and recommended conditions without correction or objection. 2. The hearings officer adopts the statement of applicable standards and the responsive findings in section IV of the Staff Report as his own findings. 3. The only concern raised by the testimony and evidence involves parking for the church in general. The relevant standard is in CDC chapter 18.106. The hearings officer finds that the applicant is not required to provide additional parking, because the use of Bolt Hall and the relocated two-story building does not increase the number of seats or length of bench in the main congregation space. See CDC section 18.106.030.B.8. However, based on the testimony of Mr. Fidanzo, some off-street parking has been displaced until the church completes proposed development. To ensure compliance with CDC section 18.106.030.B.8, the hearings officer finds that a condition of approval is warranted requiring the church site to have at least as many off-street parking spaces after the church completes the proposed development as it had before that development. If additional spaces need to be developed to comply with this condition, they should be subject to development review under CDC chapter 18.120. Hearings O.ricerFinal Order January 27, 1997 CUP 96-0008 (First Baptist Church expansion) Page 2 0 0 4. If church-related traffic exceeds the capacity of the church parking lot and causes so much on-street parking that it adversely affects street safety, the City could conclude that the church should be required to provide more off-street parking. The record does not contain substantial evidence from which the hearings officer can evaluate the impact of church-related parking on the street. There is no evidence that the parking causes a significant traffic or pedestrian hazard. Therefore, at this time, there is no basis for requiring the church to provide more off-street parking than the minimum amount required by CDC chapter 18.106. Future observations and analysis could warrant further action. IV. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed conditional use permit does or can comply 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. 2. The applicant's request, CUP 96-0008, is hereby approved, subject to the conditions in section H of the Staff Report, with the following amendment: a. Condition of approval 11 is hereby added to read as follows: Before occupancy of the second floor of the relocated two-story building, the applicant's site shall contain at least as many off- street parking spaces as it had before the two-story building was relocated to the site. If additional spaces need to be developed to comply with this condition, they should be subject to development review under CDC chapter 18.120. Hearings Ogcer Final Order January 27, 1997 CUP 96-0008 (First Baptist Church expansion) Page 3 s • Agenda Item: 2.1 Hearing Date: January 13, 1997 7:00 PM SECTION I: APPLICATION SUMMARY CASES: FILE NAME: FIRST BAPTIST CHURCH MAJOR MODIFICATION Conditional Use Permit CUP 96-0008 PROPOSAL: The applicant has requested review of Major Modification to existing church. The applicant has proposed to occupy a total of 8,000 square feet of a newly relocated office building for use by the church for related religious assembly purposes. APPLICANT: First Baptist Church OWNER: Same 11075 SW Gaarde Street Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: R-3.5 Zoning District (Detached, single-family residential). LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 01100. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.96, 18.100, 18.102 18.106, 18.108, 18.120, 18.130 and 18.164. SECTION II: STAFF RECOMMENDATION: Staff recommends that the Hearing's Officer find that the proposed Major Modification to the existing First Baptist Church site will not adversely affect the health, safety and welfare of the City. Therefore,' staff recommends APPROVAL,' subject to the following recommended conditions of approval: STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 1 • • 1. Prior to issuance of a building permit, a Street Opening Permit is required for this project to cover the water line connection in SW 110th Avenue. The applicant will need to submit five (5) copies of the proposed public improvement plans for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The public improvement plans shall show details of the proposed fire line connection. A double detector check valve assembly is to be located inside a utility vault at or near the property line, right-of-way (ROW) line. The proposed Fire Department connection (FDC) must also be located within 70 feet of the fire hydrant. The existing water meter will need to be upgraded to accommodate the additional demand from the new building and a backflow prevention device (double check valve assembly) must be installed behind (on the property owner's side) the water meter. 4. Prior to issuance of the building permit, the applicant's site plan shall be revised to show the proposed storm drainage pipe location extended further down the embankment to daylight at or near the drainage way flowline with a rip-rap outfall. The construction plans shall include a detail of the proposed pipe and outfall. 5. Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development. The applicant shall submit a calculation to the Engineering Department indicating the net increase in hard surface as a result of the new building addition. The applicant will get credit for the previous structures that were demolished. 6. Engineering plans need to be submitted showing the Fire Lane connection. A double detector check valve assembly is to be located inside a utility vault at or near the property line. FDC must be within 70 feet of the fire hydrant. Also a water meter will need to be upgraded to accommodate the additional demand. A back flow prevention device (double check valve assembly) installed behind (on the property owner's side) the water meter. STAFF CONTACT: Michael Miller, Water Department. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 2 • • 7. The Tualatin Valley Fire District has reviewed this proposal and stated that this project is not approved. Plans shall be submitted for review and approval. STAFF CONTACT: Gene Birchill, Tualatin Valley Fire District. 8. Bicycle parking spaces shall be provided where appropriate to comply with current ratio standard of one (1) space for each 15 required parking spaces. STAFF CONTACT: Mark Roberts, Planning Division. 9. The applicant shall provide written sign-off from the franchise hauler regarding the facility location and compatibility. STAFF CONTACT: Mark Roberts, Planning Division. 10. The Police Department has reviewed this site plan and has required that a lighting plan be provided for review and approval. STAFF CONTACT: Mark Roberts, Planning Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS' FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site HistoQL The site is presently developed with a church and a classroom building. The site was also previously developed with a residence that was used for religious assembly purposes which has been demolished. The site was originally developed in 1985 under Conditional Use Permit 85-03. In 1987 Lot Line Adjustment 87-03 was approved for the site. This adjustment reconfigured the lot lines of two (2) of the properties owned by the church. The church requested Minor Modification approval in order to relocate the subject building onto the site from another property. The Minor Modification approval allowed the church to occupy one (1) story of the two (2) story building due to the size limitation of modifications to Conditional Use Permits. A Condition of Approval of the Minor Modification approval required the applicant to post a bond for the demolition of the existing classroom (shown as Bolt Hall on the site plan) building due to the size of the proposed building and the requirement for a Major Modification approval. The City has no record of other more recent development applications having been filed for this property. Vicinity Information: To the south, north and east, the site is adjoined by existing residential uses. To the west, the site contains slopes downward towards wetlands' areas. Further to the west, the site is adjoined by another religious assembly use and other residential uses. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 3 • • Site Information and Proposal Description: The site is developed with a church, a classroom and parking lot. The applicant has proposed to locate an office building for use as a Sunday School on a portion of the site that was previously developed with a residence which was used for related religious assembly purposes. The applicant has proposed to occupy both stories of a two (2) story 8,000 square foot office building that was moved to the site from another location. The previous Minor Modification allows the applicant to occupy only one (1) story of the building. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to build an office building 8,000 square for religious assembly purposes. This use is classified in Code Section 18.42 (Use Classifications) as religious assembly. Section 18.48 lists religious assembly, as a conditional permitted use in the R-3.5 Zoning District. Additional Setbacks: Section 18.96 requires a minimum of a 30-foot setback is required to be maintained from the centerline of SW 110th Avenue. The structure as proposed complies with this standard because it is to be located approximately 45 feet from the centerline of the street. Landscaping Plan: Section 18.100.015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type and location of trees and shrubs. Street Trees: Section 18.100.003 states that all development projects fronting on a public street shall be required to plant street trees in accordance with section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large), with a minimum caliper of 2 inches at four feet in height. Upon inspection of the site it appears that the site was previously planted with street trees that comply with the current spacing standards. For this reason, no additional street trees are recommended. Screening Special Provisions: Section 18.100.110(A) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three feet and the landscaping shall be protected from STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 4 • • vehicular damage by some form of wheel guard or curb. The expansion does not impact the aforementioned design standards based on the limited size of the expansion area, and the design of structure. Existing parking lot areas are unaffected by this expansion. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. The building expansion is not located near the site's existing driveway from SW Gaarde Street. No existing structures interfere with clear vision at this location. For this reason, this expansion is found to comply with this criteria. Minimum Off-Street Parking: Section 18.106.030(B)(8) requires one space for every three fixed seats or every six feet of bench length in the assembly area or every 50 square feet of floor area in the assembly area where there are no permanent seats, whichever is greater. The proposed expansion does not impact the overriding religious assembly parking ratio for the site. For this reason, no additional parking is required to be developed in conjunction with this use. Parking Lot Design: Section 18.106.050(B) requires a minimum stall width of 8'8", a channel width of 16 feet and a module width of 60 feet. Aisles that accommodate two- way traffic shall be 24 feet in width. The expansion does not require additional parking or impact the existing design of the parking areas. The existing parking areas appear to comply with these standards. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards.' All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. Because no additional parking is required to be constructed to serve this accessory use, no additional spaces are required to be provided. Through the Building Permit Review process, an existing handicapped accessible space may be required to be relocated near the buildings main entrance. Bicycle Parking: Section 18.106.020(0) requires one bicycle parking rack space for each 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. Because no additional parking spaces are required to be constructed to serve this development, bicycle parking spaces shall be provided where appropriate to comply with current ratio standard. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 5 0 • Access: Section 18.108.080 requires that commercial and industrial uses that require less than 100 parking spaces provide one (1) access with a minimum width of 30-feet, and a minimum pavement width of 24 feet. A total of 63 parking spaces exist on the property. Because the expansion does not generate the need for additional parking spaces, no additional driveway is required to be provided. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six inch vertical separation (curbed) or a three foot minimum horizontal separation. Pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. A walkway has been proposed from the new structure to SW 110th Avenue. The walkway, as proposed, complies with the aforementioned criteria.. Mixed Solid Waste and Recyclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The applicant will have to submit evidence or a plan that indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the facility location and compatibility. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Sections 18.48, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. The proposal's consistency with these sections is reviewed in this staff report. Site Development Review - Additional Approval Standards: Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (Sensitive Lands), 18.120.180.9 (Demarcation of Spaces), and are therefore, found to be inapplicable as approval standards. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 6 • • Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. The portion of the site that is occupied by the newly relocated building was previously developed with a structure. For this reason, no trees are impacted by this use. Buffering, Screening and Compatibility Between Adjoining Uses: Section 18.120.180.4(A) states that buffering shall be provided between different types of land uses. No specific buffer width is required from this type of building to the adjoining residential areas. Section 18.120.180.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. No roof top equipment or service and storage areas are proposed as part of this expansion. The proposed building itself will partially screen the parking lot from view. Crime Prevention and Safety: Section 18.120.180.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The Police Department has reviewed this site plan and has required that a lighting plan be provided for review and approval. Setback: Section 18.130 states that a minimum of a 25 foot front yard setback shall be maintained. A minimum of a 20 foot corner sideyard setback shall be maintained. A rear yard setback of 20 feet shall be maintained. Section 18.48 provides a height limit of 30 feet for structures within the R-3.5 Zoning District. The front and rear yard setback standards are complied with through the location of the building on the site. Because the site has frontage on SW 110th Avenue and SW Gaarde Street in excess of 75 feet in length, Section 18.26.030 "Lot Line Front, allows the applicant the option to choose which frontage is to be the frontyard and which is to be the corner sideyard setback. The applicant has elected SW 110th Avenue to be the corner sideyard setback. The building, as proposed, complies with the 20-foot corner sideyard setback standard for religious assembly uses. The building elevations, as proposed, average less than the 30-foot height maximum that is allowed in the R-3.5 Zoning District. Conditional Use: Section 18.130.040 contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 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. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 7 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. The site's nearly five (5) acres of property allows for expansion while complying with the setbacks and other applicable development standards as reviewed within this report. The area proposed for the expansion is fairly level and was developed previously with a structure that was used for accessory structure purposes for the church. All required public facilities are available, or can be made available to the church. The applicable requirements of the underlying zoning district are met as reviewed within this staff report. Where other Conditional Use Permit standards apply, these standards have also been reviewed within this report. The applicable development standards that have been adopted to implement the Comprehensive Plan have been reviewed within this report. Dimensional Requirements: Section 18.130 states that the minimum lot area width shall be 20,000 feet for religious assembly. Developments within the R-3.5 Zoning District are not required to provide a minimum landscaping percentage. The site is an existing church facility of approximately 4.46 acres, in compliance with the minimum lot size standard. PUBLIC FACILITY CONCERNS: Sections' 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Gaarde Street and SW 110th Avenue. Gaarde Street is classified as a major collector street and 110th Avenue is classified as a minor collector street. At present, there is 30 feet of right-of-way on Gaarde Street adjacent to this site which is adequate for a major collector street. No additional dedications are required on SW Gaarde Street. Southwest 110th Avenue has a varied width for ROW. The street is improved adjacent to the majority of the frontage of this site and there is 22 feet of ROW west of the street centerline. When the church was first developed, the City determined that the 22 feet would be adequate. No additional dedications of SW 110th Avenue are required. SW Gaarde Street is fully improved along the frontage of this site, from SW 110th Avenue to the western edge of the site driveway. The street is unimproved beyond the driveway. Since the applicant is not proposing to develop the western portion of this site, no additional improvements are necessary. Southwest 110th Avenue is fully improved adjacent to this site from SW Gaarde Street to a point approximately 20 feet north of the site driveway. The street is unimproved, but paved beyond the driveway. The impact from the new building does not necessitate the need for further improvements on SW 110th Avenue. There are also existing street lights on the east side of the street. Therefore, no additional street lighting is necessary. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 8 WATER: This site lies within the service area of the Tigard Water Department. There is an existing public water line in SW 110th Avenue that the applicant proposes to tap for a new fire sprinkler water supply. The Water Department indicates that the applicant will need to submit engineering plans showing the fire line connection. A double detector check valve assembly is to be located inside a utility vault at or near the property line (ROW line). The proposed FDC must also be located within 70 feet of.the fire hydrant. The existing water meter will need to be upgraded to accommodate the additional demand from the new building and a backflow prevention device (double check valve assembly) must be installed behind (on the property owner's side) the water meter. SANITARY SEWER: There is an existing public sanitary sewer line within a public easement adjacent to the west boundary of this site. The existing building is presently served from this main line. The applicant's plan indicates that the new building will be served from an extension of the existing on-site private sewer line. STORM DRAINAGE: The topography of this site slopes to the west toward an existing drainage way. The applicant's plan is not clear as to the make-up of the existing on-site drainage system. The plan calls for a new pipe to convey all surface runoff to the existing drainage way. However, the plan calls for the new pipe to daylight near the top of the embankment just west of the parking area. Staff is concerned that this will result in erosion problems. The applicant should be required to extend the conveyance pipe further down the slope and daylight at or near, the drainage way flowline with a rip-rap outfall. The construction plans shall include a detail of the proposed pipe and outfall. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, in cases where the additional hard surface area is small, compared to the size of the site, the R&O provides that a fee in-lieu of constructing a facility can be paid by the applicant. In the area where the new building is to be placed, there were two (2) older structures that have since been removed. It is very likely that the incremental increase in hard surface area will be small. However, there is nothing in the applicant's materials that indicates the net increase in hard surface area. Staff recommends that the applicant pay the fee in-lieu. Prior to issuance of the building permit, the applicant shall submit a calculation to the Engineering Department indicating the net increase in hard surface area resulting from the placement of the new building. The fee in-lieu is equal to $180.00 for every 2,640 square feet of new hard surface. STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 9 GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan to the City for review and approval prior to issuance of City permits. SECTION V: OTHER STAFF COMMENTS The Water Department reviewed this proposal and offered the following comments: Engineering plans need to be submitted showing the Fire Lane connection. A double detector check valve assembly is to be located inside a utility vault at or near the property line. FDC must be within 70 feet of the fire hydrant. Also, the water meter will need to be upgraded to accommodate the additional demand and a backflow prevention device (double check valve assembly) installed behind (on the property owner's side) the water meter. The Police Department reviewed this proposal and offered the following comments: A security lighting plan shall be provided for review and approval prior to the issuance of Building Permits. No other comments or objections have been received. SECTION VI: AGENCY COMMENTS The Unified Sewerage Agency has reviewed this proposal and provided the following comments: An erosion control permit is required. A fee in-lieu of construction of a water quality treatment facility is required. The Tualatin Valley Fire District has reviewed this proposal and offered the following comments: This project is not approved submit plans to Gene Birchill for review and approval prior to the issuance of Building Permits. The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) of required fire flow and one (1) additional fire hydrant for each 1,000 GPM, or portion thereof, over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec. 903.4.2.1). STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 10 • i No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. (UFC Sec. 903.4.2.1). A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5). FDC locations shall be as approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1). Fire department connections shall not be located on the building that is being protected. (UFC Sec. 903.4.2.5). The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 pounds per square inch (psi). A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec. 903.3). A Knox Box for building access is required for this building. Please contact the Fire Marshal's office for an application and instructions regarding installation and placement. No additional comments or objections have been provided concerning this proposal. PREPARED BY: Mark Roberts Associate Planner, AICP APPROVED BY: Richard Be% Planning Ma December 26, 1996 DATE December 26. 1996 DATE STAFF REPORT CUP 96-0008 - Tigard First Baptist Church Major Modification Page 11 I:ICURPLNVAARK MCUP96-08.DOC . I l l o l l/ '?J i J nT1 I 1_? ?'? / \ ? 1' 9 S ? _O4NMl p ? 1 III ?d .. I III / I I I l I -- i ' r A C3 m - 1 1 1 1 1 1 ' ? 1 • I ?I1 1- -- 1 1 /y I IrA ? I ? I - -- ? ' _ 1 I I 1 I 1 ., 1'11 ? I I I I 1 I 1 T 1 ??_ ?`1 / ? 1?' / I I I I I I?'1 ? I I II ? ??? 1 / 1 1 1 ? 11 ? 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