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Hearings Officer Packet - 02/08/1999
CITY OF TIGARD Community Development ShapingA Better Community PITY OF TIGARD HEARINGS OFFICER FEBRUARY 8, 1999 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION SITE DEVELOPMENT REVIEW (SDR) 98-0023 CONDITIONAL USE PERMIT (CUP) 98-0005 PROPOSAL: The applicant has requested Site Development Review and Conditional Use Permit approval to construct a 6,000 square foot addition to the existing church for additional Sunday school classroom space. LOCATION: 9725 SW Durham Road; WCTM 2SII ICD, Tax Lot 00400. COMPREHENSIVE- PLAN-DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7. APPLICABLE REVIEW CRITERIA Community Development Code Chapters in effect at time of application submittal 18.32, 18.52, 18.100, 18.102, 18.106. 18.108, 18.116, 18.120, 18.130, 18.150 and 18.164. 2.2 MOMENTUM MOTORCYCLES CONDITIONAL USE PERMIT (CUP) 98-0003 PROPOSAL: The Applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM ZS102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District (CBD). The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. 3. OTHER BUSINESS 4. ADJOURNMENT CITY Of TIGARD HEARING'S OFFICER PAGE 2 OF 2 2!8199 PUBLIC NEARING AGENDA 0 0 CITY OF TIGARD HEARING'S OFFICER FEBRUARY 8, 1999 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 W,o?" Anyone wishing to speak on an agenda item must sign-in on the appropriate sign-in sheets. 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 HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE I OF 2 2!8149 PUBUC HEARING AGENDA ? r AGENDA ITEM NO. 2.1 0 C7 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: FEBRUARY 8,1999 FILE NAME: SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION CASE NO.: SITE DEVELOPMENT REVIEW (SDR) 98-0023 CONDITIONAL USE PERMIT (CUP) 98-0005 APPLICANT: Orville Grossarth OWNER: Southwest Church of Christ 23990 SW Morgan Lane 9725 SW Durham Road Sherwood, OR 97140 Tigard, OR 97223 PROPOSAL: The applicant has requested Site Development Review and Conditional Use Permit approval to construct a 6,000 square foot addition to the existing church for Sunday school classroom space. LOCATION: 9725 SW Durham Road; WCTM 2S111CD, Tax Lot 00400. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7. APPLICABLE _REVIEW CRITERIA: Community Development Code Chapters in effect at time of application submittal 18.32, 18.52, 18.100, 18.102, 18.106. 18.108, 18.116, 18.120, 18.130, 18.150 and 18.164. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE. 0 • AGENDA ITEM NO. 21 (PAGE of----) DATE FEBRUARY 8, 1999 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking In Favor) opponent - (speaking Against) Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. C- piflo L" F.-i 5aa ® 3aW=P C 42 . LO ?8 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. • COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 315 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard ® ? Tearsheet Notice 13125 SW Hall Blvd. •Ti.gard, Oregon 9 7 2 2 3 ® ? Duplicate Affidavit eAccounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' I, Ka J- being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTica rd -Tu a 1 a t.i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Church Sion 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: January 28,1999 Subscribed and sworn to b ore me this ary,1999 A.1 -? OFFICIAL SEAL Nota ublic for Oregon i ROSIN A. BURGESS NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 h1Y COMMISSION EMPIRES MAY 16, 2001 AFFIDAVIT .. 0 • The following will be considered by the Tigard Hearings Officer on Mon- day, February 8, 1999, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW 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 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING; SITE DEVELOPMENT REVIEW [SDR] 98-0023/ CONDITIONAL USE PERMIT [CUP] 98-0005 > SOUTHWEST CHURCH OF CHRIST CLASSROOM EXPANSION The applicant is requesting Site Development Review and Conditional Use Permit approval to construct a 6,000 square foot addition to the exist- ing church. The addition will be used for Sunday school classroom space. LOCATION: 9725 SW Durham Road; WCTM 2S111CD, Tax Lot 00400. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and at- tached units for medium density residential developments. AP- PLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11 /26/98 Community Development Code Revision: 18.32, 18.52, 18.100, 18.102, 18.106, 18.108, 18.116, 18.120, 18.130, 18.150 and 18.164. .,-may ? I - ro ? i T179315 - Publish January 28, 1999. T?i ? ? rrryrrr-, ' 5 i • . CITY OF TIGARD Community (Development ShapingA Oetter Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY FEBRUARY 8, 1999 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(S): SITE DEVELOPMENT REVIEW [SDR) 98-0023 CONDITIONAL USE PERMIT (CUP) 98-0005 FILE TITLE: SOUTHWEST CHURCH OF CHRIST CLASSROOM APPLICANT: Orville Grossarth OWNER: Southwest Church of Christ 23990 SW Morgan Lane 9725 SW Durham Road Sherwood, OR 97140 Tigard, OR 97223 ARCHITECT: W. Lane Brown 510 NW Third Portland, OR 97209 REQUEST: Site Development Review and Conditional Use Permit approval to construct a 6,000 square foot addition to the existing church. The addition will be used for Sunday school classroom space. LOCATION: 9725 SW Durham Road; WCTM 2S111 CD, Tax Lot 00400. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 Community Development Code Revision; 18.32, 18.52, 18.100, 18.102, 18.106, 18.108, 18.116, 18.120, 18.130, 18.150 and 18.164. 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. 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. SDR 98.00231CUP 98-0005 SOUTHWEST CHURCH OF CHRIST CLASSROOMS EXPANSION NOTICE OF 218188 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE OUPPORT TO THE APPLICATION AF JANUARY 19. 1999, ANY PARTY IS ENTITLED TO REQUEST A CONTIN CE OF THE HEARING. IF THERE ISW 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. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). 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 ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT 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 TO THE LAND USE BOARD OF APPEALS 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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK. ASSOCIATE PLANNER (x407 AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ? I a z SOR 98.0023lCUP 98-0005 SOUTHWEST CHURCH OF CHRIST CLASSROOMS EXPANSION NOTICE OF 218199 HEARINGS OFFICER PUBLIC HEARING 0 • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Orville Grossarth on behalf of ) FINAL ORDER the SW Church of Christ for site development review and a ) conditional use permit for an addition to the existing church ) SDR 98-023/CUP 98-005 at 9725 SW Durham Road in the City of Tigard, Oregon ) (SW Church of Christ) I. SUMMARY The applicant requests approval of site development review (S DR) and a conditional use permit (CUP) for a 6000 square foot addition to an existing church. The church is located at 9725 SW Durham Road (the "Site"). The applicant proposed to use the addition for Sunday school classroom space. A hearings officer held a duly noticed public hearing regarding the application on February 8, 1999. City staff recommended conditional approval of the applications, subject to the conditions of approval in the Staff Report. One witness testified for the applicant and accepted the findings and conditions of approvals recommended by City staff, as amended at the hearing. 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 announced his intention to approve the applications subject to conditions recommended by staff with modifications. For the reasons provided and referenced in this final order, the hearings officer approves the site development review and conditional use permit, subject to the conditions recommended by City staff with certain modifications described more herein. LOCATION: 9725 SW Durham Road; WCTM 2S 111 CD, tax lot 00400. COMPREHENSIVE PLAN: Medium Density Residential ZONING: R-7 (Single family residential) APPLICANT: Orville Grossarth on behalf of the SW Church of Christ OWNER: SW Church of Christ II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated January 29, 1999 (the "Staff Report"), and the findings about public facilities in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. Hearings Officer Final Order SDR 98-0231CUP 98-005 (SW Church of Christ) Page I • 0 IV. HEARING AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on February 8, 1999. The record closed at the conclusion of the hearing. The 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. 2. At the hearing, city planner Julia Hajduk summarized the proposed expansion project, the Staff Report and the applicable approval criteria. She noted that the City Engineer, Brian Rager, recommended the hearings officer delete proposed condition of approval 5. (See the February 2, 1999 Memorandum from Mr. Rager to the hearings officer). She testified that the City Building Department will require the applicant to install a fire wall to separate the proposed addition from the existing church. She opined that this is a building code issue which the Building Department can address prior to issuing building permits. It is unnecessary to include a condition of approval regarding this issue. She testified that the applicant's landscape plan should be consistent with CDC 18.100.080(D) and (E) or CDC 18.100.070(C). 3. Architect Lane Brown testified for the applicant. He acknowledged the need for a fire wall between the addition and the existing church. He requested the hearings officer revise condition of approval 4 to allow the applicant to submit a landscape plan for the east edge of the site before the City issues an occupancy permit for the addition rather than before the City issues building permits (as recommended by staff). He explained the applicant cannot determine how much additional landscaping will be required until the existing vegetation is removed for the proposed expansion. The applicant will begin clearing the site during the excavation process, after it obtains building permits. So a landscape plan before that time would be premature. Ms. Hajduk did not object to changing the deadline for submission and approval of a final landscape plan for the east edge of the site. V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by city staff; to wit, substantial evidence in the record shows the proposal does or can comply with the applicable standards and criteria for a conditional use permit and site development review, and adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the Tigard Community Development Code ("CDC"). The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. 2. The hearings officer finds that proposed condition of approval 5 should be deleted. This condition requires the applicant to bury the existing overhead utility lines along SW 98th Avenue, or to pay a fee in lieu of undergrounding. CDC 18.810.120(C)(1) states: The developer shall pay a fee in-lieu-of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. (Emphasis added) Hearings Ojcer Final Order SDR 98-0231CUP 98-005 (SW Church of Christ) Page 2 0 0 As Mr. Rager noted in his February 2, 1999 memorandum, the emphasized language in the Code implies that a property owner is only required to underground utilities that serve the development. In this case, power service for the existing church and the proposed expansion is obtained entirely from the line in SW Durham Road. Because the existing utilities along SW 98th Avenue do not serve the development, the applicant should not be required to bear the cost of placing them underground. The hearings officer agrees with and adopts Mr. Rager's interpretation of CDC 18.810.120(C)(1). Recommended condition of approval 5 should be deleted. 3. The hearings officer fords that the existing dense vegetation along the east boundary of the site screens the church from view and buffers the abutting residential development. The applicant proposed to remove some of this existing vegetation to allow for the proposed expansion. The applicant proposed to replant this area to eliminate any "gaps or thin spots" in the vegetative screen. a. The Code does not expressly require the applicant to provide a landscaped buffer between this site and the abutting residential development. Churches are not a listed use in the City's buffer matrix, CDC 18.100.130 (Figure 1). b. However CDC 18.130.040(C) authorizes the hearings officer to impose additional conditions of approval for a condition use permit that are necessary to ensure the use is compatible with other uses in the vicinity. CDC 18.130.040(C)(10) specifically allows the hearings officer to require berming, screening or landscaping. In this case the hearings officer finds that additional landscaping is warranted to buffer the adjacent residential development from the impacts of the proposed expansion of the conditional use. The applicant should be required to provide a continuous vegetative screen consistent with CDC 18.100.080(D) and (E) along the east boundary of the site. In the alternative, the applicant could propose a mix of existing and new landscape and screening pursuant to CDC 18.100.070(C) that achieves the same result. c. The hearings officer accepts the logic of Mr. Brown's testimony that the applicant cannot determine how much vegetation will be removed, and therefore how much additional landscaping may be necessary, until the initial clearing process is completed. The applicant will begin clearing on the site after building permits are issued. Therefore the hearings officer finds that the applicant should be required to submit a landscape plan consistent with CDC 18.100.080(D) and (E) or CDC 18.100.070(C) after site preparation is completed. Furthermore the applicant should be required to obtain approval of the landscape plan before the City issues an occupancy permit for the addition. Condition of approval 4 should be modified to this effect. Approval of the plan should be required before the City issues an occupancy permit to ensure there is certainty about what landscaping is required and when it is to be installed in a timely manner. VI. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed site development review and conditional use permit do or can comply with the applicable criteria and standards of the Tigard 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 applications in this case, SDR 98-023/CUP 98-005, are hereby approved, subject to the conditions in section H of the Staff Report, with the following amendments: Hearings Officer Final Order SDR 98-0231CUP 98-005 (SW Church of Christ) Page 3 i 0 a. Condition of approval 5 is hereby deleted. b. Condition of approval 4 is hereby amended to read as follows: 4. In a reasonable time after site preparation is complete, the applicant shall submit to the City a detailed landscape plan showing how existing and proposed landscaping will effectively screen the property adjacent to the rear property line consistent with the requirements of CDC 18.100.080(D) and (E) or CDC 18.100.070(C). The applicant shall obtain final approval of the landscape plan prior to issuance of occupancy permits for the proposed addition. Staff Contact: Julia Hajduk, Associate Planner. .TED this 19th day.4f February, 1999. Tigard Hearings Officer Final Order SDR 98-0231CUP 98-005 (SW Church of Christ) Page 4 0 0 "EXHIBIT A" -- PARTIES OF RECORD (Written Public Testimony received at the hearing) 0 0 MEMORANDUM CITY OF TIGARD, OREGON DATE: February 2, 1999 TO: Mr. Larry Epstein, Hearings Officer VIA FAX: 228-7365 pf? FROM: Brian Rager, Development Review Engineer `1`- RE: SDR 98-0023/CUP 98-0005, Southwest Church of Christ Expansion The applicant asked Staff to review the recommended Condition # 5, presently shown in the staff report for this project. Specifically, the applicant was concerned that they would be charged a fee in-lieu of undergrounding overhead utility lines on SW 981s Avenue, when they had already paid for the undergrounding of lines on Durham Road in the past. In addition, the applicant stated that the power service for the church site is fed entirely from the lines in SW Durham Road. The applicant felt that it was unfair to be charged for the undergrounding of lines that will not directly serve the site. This question caused us to re-review the code section that applies to overhead utility lines. In 18.810.120.C.1 of the TDC, it states: "The developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development." I made special note of the words, ...will serve the development...", which imply that if the lines do not directly serve the site, the property owner is not obligated to underground the lines or pay the fee in-lieu. The City Engineer concurs with this interpretation. Therefore, Staff recommends that Condition #5 Of SDR 98-0023/CUP 98-0005 be deleted. If you should have any questions about this recommendation, please feel free to call me at 639-4171, ext. 318. i:%wgVxwv%commen(sW&96?N23&cup9B-0ODS nd-nx" doc PAGE 1 I'd OSLO b29 4 85ed `-NI318d3 SIUMOW/N3AABNOW <- 29LO VZO 2u1J88ui2u3 diS:to 66 ao qaj `-EO:LI 66/Z /Z :PaATsoab • • "EXHIBIT B" --TAPED PROCEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) INOTE: Tapes are located in the ecor s Vault. annin ec lon. "EXHIBIT C" -- WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) 0 • Agenda Item: 2.1 Meannq uate: STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON CITY OF TIGARD' Community tDevefopment Shaping A. (Better Community 120 DAYS = 4120199 SECTION I. APPLICATION SUMMARY SOUTHWEST CHURCH OF CHRIST CLASSROOM EXPANSION CASES: Site Development Review SDR 98-0023 Conditional Use Permit CUP 98-0005 PROPOSAL: The applicant has requested SDR and CUP approval to construct a 6,000 square foot addition to the existing church to be used for Sunday school classroom space. APPLICANT: Orville Grossarth OWNER: Southwest Church of Christ 23990 SW Morgan Lane 9725 SW Durham Road Sherwood, OR 97140 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 9725 SW Durham Road; WCTM 2S111CD, Tax Lot 00400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect at time of application submittal 18.32, 18.52, 18.100, 18.102, 18.106 18.108, 18.116, 18.120, 18.130, 18.150 and 18.164. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposal will not adversely affect the health, safety and welfare of the City and meets the Conditional Use and Site Development Review approval criteria. Therefore, staff recommends APPROVAL of the above request subject to certain conditions of approval. The findings and conclusions on which the recommendation is based are noted in Section IV. SDR 98-0023/CUP 98-0005 218199 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 1 OF 11 • 0 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the on-site contact shall be Brian Rager, Engineering Department;(503) 639-4171.) 1. 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 and will be calculated by the Plans Examiner in the Building Division.. 2. Submit a written sign-off from the hauler that states the proposed trash enclosure meets their current standards for mixed solid waste and recyclables storage. Staff Contact: Julia Hajduk, Associate Planner. 3. Submit a plan that shows the addition will be 20 feet from the rear property line. Staff Contact: Julia Hajduk, Associate Planner. 4. Submit a detailed landscape plan showing existing and proposed landscaping will effectively screen the property adjacent to the rear property line. This must be reviewed and approved by Planning. Staff Contact: Julia Hajduk, Associate Planner. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL INSPECTION: 5. Prior to final building inspection, the applicant shall either place the existing overhead utility lines along SW 98" Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $12,375. 6. All site improvements shall be installed as approved, per the revised site plan. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION III. BACKGROUND INFORMATION Site History: In 1976, the City approved the site development plans for the church (SDR 18-76). In 1978, the City denied a conditional use request for weekday use of the church building as a day school (CU 21-78) apparently due to traffic concerns and location next to an adult only community. Conditional Use approval was granted in 1987 for a 1,800 square foot expansion for the SW Church of Christ (CU 87-05). No other development applications were found to have been filed with the City of Tigard. SDR 98-0023/CUP 98-0005 2099 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 2 OF 11 0 0 Vicinity Information: The subject property is located at 9725 SW Durham Road. The site is also identified as WCTM 1 S 111 CD, tax lot 00400. The site is bordered to the north and east by property zoned R-7. The property to the west and south is zoned R-4.5. Site Information and Proposal Description: The site is currently developed with a 9,800 square foot church and associated parking lot with 109 parking spaces. The proposal is to modify the site by adding 6,000 more square feet onto the existing building and removing 3 parking spaces. The addition will be used to provide additional classroom space for current members of the church. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.120.180 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" 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 Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.80 (Planned Developments), 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards, and are not discussed in this decision. Landscaping and Screening (18.100 and 18.120, Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. The proposed expansion is in a residential zone and abutting residential uses on all sides. While the site is not classified as a residential use, it is not a use listed in the buffer matrix requiring screening from adjacent residential uses. The Conditional Use standards, however, require additional setbacks for this type of use and additional landscaping/screening will be discussed in that portion of this report. Section 18.120.108.4(6) 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 additional storage areas, parking lots or mechanical devices are being proposed. In addition, the structure provides more screening from the parking lots between the site and properties to the east. The existing parking lot is currently landscaped which serves as an adequate screen. SDR 9B-0023/CUP 98-0005 218199 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 3 OF 11 0 • 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 (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As stated above, the parking area is screened by existing landscaping. The parking lot does not comply with the requirement to have 1 tree for every 7 parking spaces, however, because the parking lot is not being modified and therefore, the non-conforming aspect of the parking lot is not being increased, no additional parking lot landscaping is required. Street Trees: Section 18.100.033 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). The site has frontage on SW Durham Road and SW 981 Avenue. There are existing trees along both frontages which meet the standards of the development code. No additional street trees are required, therefore, this criterion has been met. Developments within the R-7 zone are required to provide a minimum of 20% landscaping. The applicant has provided calculations showing that there will be 38% landscaping after the addition is complete. FINDING: Based on the analysis above, the landscaping and screening criteria have been satisfied. Visual Clearance Areas (18.102) 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 clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). 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 (2), 30-foot distance points with a straight line. The existing site meets vision clearance standards at the entrance into the site. The proposed expansion will not be located within any vision clearance areas and required site improvements will not encroach into the vision clearance areas. SDR 98-0023/CUP 98-0005 2099 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 4 OF 11 0 0 FINDING: Because the vision clearance areas will not be altered and currently meets the standards as shown on the attached plans, this criterion has been met. Off-Street Parkin and Loading 18.106 Minimum Off-Street Parking: Section 18.106.030.(B)(8) requires 1 space for every 50 square feet of floor space in the assembly area where there are no fixed seats or pews for religious facilities. The existing assembly area is approximately 2,840 square feet with no fixed seats. Therefore, 57 parking spaces are required. The site has 190 parking spaces, 3 of which will be removed as a result of this addition. The parking standards, therefore, will continue to be satisfied. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for every 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. The plans do not show the location of an existing or proposed bicycle rack. Because the parking is existing and no new spaces are required or proposed, a bicycle rack is not required because the non-conforming situation is not being increased. Off-Street Loading Spaces: Section 18.106.080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. A church is not a commercial or industrial use, therefore, this standard does not apply. FINDING: Based on the analysis above, the church expansion either meets the off-street parking and loading standards or the modification does not increase an existing non-conforming situation. Staff therefore, finds that the criteria have been satisfied. Access, Egress and Circulation (18.108) Section 18.108.080 requires that commercial and industrial uses which require 100+ parking spaces provide at least 1 access with a minimum width of 50 feet and a minimum pavement width of 40 feet or 2 accesses with a width of 30-foot and a pavement width of 24 feet. The proposal does not increase parking requirements, therefore, this criterion does not apply. In any event, the site has two, 24-foot-wide access points off of SW 98`h Avenue. FINDING: Because the existing site meets the access requirements, this standard has been met. Signs 18.114 Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C-P Zone. Any new signs proposed must conform to the provisions listed in this code section. Any new signs proposed will be approved through the Sign Permit process as administered by the City of Tigard Development Services Technicians. SDR 98-00231CUP 98-0005 218199 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 5 OF 11 FINDING: Because signs will be addressed through a separate process and application if necessary, this criterion does not apply. Tree Removal (18.150 Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has stated that 9 trees are targeted for removal because they are in the area of the proposed building footprints. These trees represent approximately 15% of the total trees over 12-inch caliper, therefore, no mitigation is required. FINDING: Because over 75% of the existing trees will be retained and no mitigation is required, this criterion has been met. Street and Utility Improvement Stgodards 18.1 4 Streets: This site is located adjacent to both SW Durham Road (a major collector) and SW 98th Avenue. Both roadways have been fully improved and there is no need for further right-of-way dedications or improvements. Water: This site is already served from the City's water system. The plan indicates that there will be no need for further public water line work associated with the expansion. Sanitary Sewer: The site is presently served from the City's public sanitary sewer system. The building addition will be served from the existing on-site sewer system. Storm Drainage: The building addition will be served from the existing on-site storm drainage system. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order (R & O) No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. However, the R&O allows an exception to this requirement when the size of the site is so small that effective development is precluded if a facility were to be provided. In this case, the site is fully developed and the building addition is relatively small. There is not adequate area on the site to locate a water quality facility to handle the additional runoff. Therefore, Staff recommends that the fee in-lieu be permitted. The fee will be calculated by the Plans Examiner in the Building Division and shall be paid in-full prior to issuance of the building permit. SDR 98-0023/CUP 98-0005 218199 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 6 OF 11 • 0 To ensure compliance with Unified Sewerage Agency design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications, at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications of same. Grading and Erosion Control: USA Design and Construction Standards 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 which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Existing Overhead Utility Lines: There are existing overhead utility lines along SW 98"' Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 450 lineal feet; therefore, the fee would be $12,375. FINDING: Because the applicant has not provided details on an on-site water quality facility or paid the fee in-lieu and because the applicant has not indicated how they will meet the requirement to underground overhead utilities, the Street Utility and Improvement standards have not been fully satisfied. If the applicant complies with Conditions 1 and 5 detailed at the beginning of this report, these criteria will be satisfied. Section 18.120.180(A)(2) through 18.120.180(A)(17) 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 with the following exceptions: 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 (100-year floodplain), 18.120.180.9 (Demarcation of Spaces), and are, therefore, found to be inapplicable as approval standards. The following sections were discussed previously in this decision and will not be addressed in this section: 18.120.180.11 (Access and Circulation), 18.120.180.13 (Parking), 18.120.180.14 (Landscaping), 18.120.180.15 (Drainage), 18.120.180.17 (Signs). Mixed Solid Waste and Rec lables Stora e: 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 SDR 98-00231CUP 98-0005 218199 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 7 OF 11 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 which 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. The proposal includes the location of a screened trash enclosure proposed to meet the size requirements. The applicant must provide evidence from the waste hauler that the size and location is acceptable to meet the standards of Section 18.116 as described above. FINDING: Because a waste hauler has not indicated that the trash receptacle size and location meets the current standards, on-site can not determine if this standard has been met. If the applicant provides a written sign-off from the hauler approving the size and location, this criterion will be met. CONDITION: Submit a written sign-off from the waste hauler that states the proposed trash enclosure meets their current standards for mixed solid waste and recyclables storage. 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 (6)-inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The expansion is planned for an area currently not developed. There is no significant topography or natural drainage in the area to be constructed. The expansion will only require the removal of 8-9 trees which is less than 15% of the total trees on the site. FINDING: Based on the analysis above, Staff finds this criterion has been satisfied. Crime Prevention and Safety: Section 18.120.108.10 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 City of Tigard Police Department has reviewed the applicant's proposal and has offered no comments or objections to the plan, thereby, satisfying this criterion. 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. This section requires 5 disabled parking spaces if 101-150 parking spaces are provided. The expansion does not require additional parking spaces. Currently there are 109 parking spaces, 6 of which are handicap parking spaces. SDR 98-0023/CUP 98-0005 218/99 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 8 OF 11 • • FINDING: Because the required number of disabled parking spaces will be provided, this criterion has been met. Conditional Use Approval Criteria Section 18.330.030 has additional approval standards for Conditional Uses. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: The site size and dimensions provide adequate area for the needs of the proposed use; The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; All required public facilities have adequate capacity to serve the proposal; The applicable requirements of the zoning district are met except as modified by this chapter; The supplementary requirements set forth in Chapter 18.114, signs, and Section 18.120.180, Approval Standards if applicable, are met; and The use will comply with the applicable policies of the comprehensive plan. All of the above criteria have been met or will be conditioned to be met as discussed previously in this report. Section 18.103.150 has additional dimensional requirements for this Conditional Use Type. The following additional dimensional standards apply for Religious Institutions: A. Minimum lot size shall be 20,000 square feet; B. Setbacks: (1) The front yard setback shall be a minimum of 25 feet; (2) On corner lots and through lots, the setback shall be a minimum of 20 feet, plus meet visual clearance areas, Chapter 18.795; (3) The side yard setback shall be a minimum of 20 feet; (4) The rear yard setback shall be a minimum of 20 feet; and (5) Each setback shall be increased five feet for every 10 feet of building height over 45 feet. The site is 133,400 square feet thus satisfying criterion "A". The proposed building height is 19 feet, therefore, standard B.5 has been satisfied. The area of the expansion appears to be less than 20 feet from the property line. Based on the scale provided (1:20), the building is only 18 feet from the property line. In order to meet the conditional use setback standards, the addition must be at least 20 feet from the rear property line. The side yard and front yard setback will be satisfied. Existing side yard landscaping will remain. Some landscaping between the proposed addition and the property line to the east (rear yard setback) will be removed, but the applicant has proposed to install new landscaping as needed to screen the property. Section 18.130.040.C.10 authorizes the Hearings Officer to condition an approval to provide additional screening and landscaping. Existing landscaping that currently serves as a screen will be removed in the area of the addition. Staff, therefore, is recommending that a condition be attached that requires the applicant to submit a detailed landscaping plan showing the existing and proposed landscaping which will effectively screen the church property from view along the rear yard setback area. SDR 98-00231CUP 98-0005 218/99 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 9 OF 11 FINDING: Because the proposed addition appears to be less than 20 feet from the property line and a detailed landscaping plan has not been provided that shows that property adjacent to the rear property line will be screened, the conditional use standards have not been fully satisfied. If the applicant submits a plan that shows the addition will be 20 feet from the rear property line and submits a detailed landscape plan showing existing and proposed landscaping will effectively screen the property adjacent to the rear property line, the conditional use criteria will be met. CONDITION: • Submit a plan that shows the addition will be 20 feet from the rear property line. • Submit a detailed landscape plan showing existing and proposed landscaping will effectively screen the property adjacent to the rear property line. This must be reviewed and approved by Planning Staff. Provisions and regulations of the underlying zone Use Classification: The applicant is proposing to expand an existing Church. This use is classified in Code Section 18.42 (Use Classifications) as Religious Assembly. Code Section 18.52.030 lists Religious Assembly as a conditional use in the R-7 zone. Dimensional Requirements: Section 18.52.050 states that the minimum lot area is 5,000 square feet and the average minimum lot width is 50 feet for parcels in the R-7 zoning district. The site is on an existing lot, therefore, the dimensional requirements for the lot do not apply to this review. Setbacks: Section 18.52.050 states that the setbacks shall be: front-15 feet, side-5 feet, and rear yard-15 feet. Except as otherwise provided in section 18.98, no building in the R-7 zoning district shall exceed 35 feet in height. Setbacks are applicable, however, because this is a conditional use, additional setback standards apply and have been discussed previously in this report. FINDING: Because the proposed use is permitted in the underlying zone and meets the setback and dimensional requirements for that zone. This criterion has been met. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the application and provided the following comments: (1.) Submit drawings and specifications for an accessible route to the new area; (2.) Submit fire flow calculations; (3.) The primary occupancy for the building has changed, contact the Building Division; (4.) Provide a route from corridor door into courtyard to public way, same with the playground; (5.) Folding partitions require corridor to be 1-hour with openings protected. Provide a door across the hall at the SDR 98-0023/CUP 98-0005 218!99 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 10 OF 11 existing facility; (6.) Need a written statement of use, hours/days building is occupied; (7.) E-1 occupancy with A.2.1 occupancy is in violation of code; (8.) Provide storm drain system plans; (9.) Retaining walls exceeding 4 feet must be designed by an engineer. The City of Tigard Police Department and the City of Tigard Property Manager/Operations have reviewed this application and have offered no comments or objections. The City of Tigard Operations Utility Manager has reviewed the proposal and provided the following comments: The fire hydrant spacing is not adequate for this facility. Due to the new addition, this facility needs to be brought up to current standards for non-sprinklered buildings. All portions (new and old) of the building shall be 250 feet. SECTION VI. A EN Y COMMENTS Unified Sewerage Agency has reviewed the proposal and offered comments which have been incorporated into the body of this report. PGE, US West, TCI and GTE have reviewed the proposal and offered no comments or objections. Tualatin Valley Fire and Rescue and NW Natural Gas were notified of the proposal and did not respond with any comments or objections. A/4 /? A - PREPAR BY: Julia H jduk Associate Planner APPROVED BY: ichard Bewer70m? Planning Mana riAcurplnUuli@lsdrlsw church of christ.doc Janua[y 29, 1999 DATE Januasv 29. 1999 DATE SDR 98-00231CUP 98-0005 218!99 STAFF REPORT TO THE HEARINGS OFFICER SOUTHWEST CHURCH OF CHRIST CLASSROOM ADDITION PAGE 11 OF 11 __ 0- 0 F ? CD ? T U O CD 0 v W m ? 2c I II I c v I I -v ? II I I •o ? II O° jo I I C= C= l Nll l o l l L,., w i n S • X ?" C ? 0 N S.S? r t ir- VJ C 0 0 W zs-r ass / coa • y i O fti?S y r rM? - CA rw -c- 2nN3Ad H196 MS ' lp; M// • uayNawaiw i ? ?-? nYms+rna o u311.+n „L 'L9 Yttf ? ? \X N n Y nMUld oL? / ? ?? ?t? rwC„! /4?9 M/1a ? _ N i M9N ? wla?„ f FIh1K 7?w y. -_ -___ fl'r+L•.7V •wV 1+'r+?tiL ra•! ._- .__V_" I ? ?yl•?t?Yr,. HD, 1061' ? _ I ?jMl1Si\x? ltioo4a4V?7' i -------- ---- 15 ? Zt' ??e d I ? ? 1 I'.M?1 MpN \ ++CC`" • - ?.J J.l> I I ? YyV..i 1[`F \ rsr?'1J4-ON -Al V k. ? •1\M,, ? ©_ ! ? - --.:.,.t =-=_' - ?? -_3_? ? i ;ate, .ri0'QaI ---1 is Ot A.*. o0H N!n..'I 'LCIK/ •I / 3 .? w,`ji (?;,\! ex.er 's:+=f ? \. ? I a?Nas •La+rp ry o a»n+.oa oa'fAV 'yf0 G1fU1904AJNa •yaY%i ! Vetv+tw•?.su91 •+•nV w.? 17 g1o4H "1lYM ONI Mpe of ?lq Ya4ad ?•MIW12 04?1M Kr?iQ RS+%? 1? a97+7! M0n4 YlYlhrl? ?? CITY OF TIGARD PLANNING DIVISION Q CITY . .1 ST LER GEOGRAPHIC INFORMATION SYSTEM v a VICINITY MAP o Q C ST SD R 98-0023 ?; CUP 98-0005 Southwest R Church of m z Christ Classrooms DR Expansion ? m v m ? SUBJECT o SITE ° ?• D ? M T Z ? C? D R N RD DURHAM o too 200 300 000 500 Feet 1'= 378 feet S U w City of Tigard ,S C CT Q Q Information on this map is for general wation only attd should be verified with Me Development Services Diviatar? ' Q 13125 SW Hatt Blvd Tigard. OR 97223 (503 83&it7t http;/tvvww.d.tigard. or.us Community Development Plot date: Dec 31, 1998; CAmagicWIAGIC02.APR A • architect planner 510 N.W Third Portland, Oregon 97209 Phone 248-1088 SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT APPLICATION SOUTHWEST CHURCH OF CHRIST 9725 S.W. Durham Road Tigard, Oregon 97224 November 10, 1998 This is a narrative of findings based on applicable standards as identified in Pre-Application Conference Notes dated 9/16/97. A. GENERAL INFORMATION Applicant: Orville Grossarth for Southwest Church of Christ Phone: 625-7089 Agent: W. Lane Brown Architect/Planner Phone: 248-1088 Property Location: Address: 9725 S.W. Durham Road Tax Map/Tax Lot: 2S1 11CD, TL 00400 Necessary Applications: Site Development Review, Conditional Use Approval Proposal. Description: 6,000 s.f. Sunday School classroom addition to an existing church. Comprehensive Plan Designation: Medium density residential/ 6-12 units per acre. Zoning Designation: R-7 Citizen Involvement Team Area: South Architecture • Zoning & Land Use • Facilities Planning 1 1 1 . 0 0 B. ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: N/A Average lot width: N/A Maximum building height: 35 ft. Building addition height shown on elevations: 19 ft. Front yard setback required: 25 ft. for church Existing front yard setback: 80 ft., no addition to this frontage Side and rear yard setbacks required: 20 ft. for church Side yard shown on site plan: 20 ft. east side, 195 ft. west side Rear yard shown on site plan: 65 ft. Maximum site coverage: 80% Coverage by buildings as shown on plans: 15,800 s.f. = 12% Coverage by parking as shown on plans: 67,000 s:f. = 50% Minimum landscape or natural vegetation area: 20% Landscape area shown on plans: 50,600 s.f. = 38% C.? ADDITIONAL LOT DIMENSION REQUIREMENTS Does not apply. D. SPECIAL SETBACKS 30 ft. from the centerlines of Durham Road and 98th St., plus yard setback. Required at Durham Rd.: 55 ft. Shown at Durham Rd.: 80 ft. plus street half width Required at 98th: 50 ft. Shown at 98th: 195 ft. plus street half width E. SPECIAL BUILDING HEIGHT PROVISIONS Does not apply, max. addition height 19 ft. F. PARKING AND ACCESS Code section 18.106.020, D, Existing & New Uses requires that parking and loading spaces be based only on floor area or capacity of enlarged building area. Code section 18.106.030, B, 8 Religious Facilities, requires 1 space for every 50 s.f. of floor space in the assembly area, where there are no fixed seats or pews. The existing assembly area is approximately 2,840 s.f., requiring 57 parking spaces. This project eliminates 3 of the existing 190 spaces, leaving more than the required minimum. 1 4 1 The building addition is Sunday school space, which does not require additional parking. There is no addition to the assembly area as part of this project. All existing parking was developed under previous development permits BUP 95-0461 and PLM 95-0338. Code section 18.108 Access, Egress and Circulation. All access and egress was developed under the previous development permits listed above. This addition does not increase parking or loading requirements or access requirements. All access and egress features are being maintained as previously approved. All handicapped parking is existing, no revisions are proposed as part of this project. G. WALKWAY REQUIREMENTS Walkway requirements from the existing ground floor building entrances to 98th were provided for in the previous development permit. These are to be maintained as part of this project. H. LOADING AREA__REQUIREMENTS This addition does not increase parking or loading requirements or access requirements. All access and egress features are being maintained as previously approved. I. CLEAR VISION AREA No development or revision of existing conditions is proposed within the vision clearance area. Site access and parking is not being modified near any vision clearance area. The existing vision clearance was provided as approved in recent previous development permits. J. BUFFERING AND SCREENING There is an existing dense landscape screen along the east property line, buffering the adjacent residential properties from view of the church facility. This screen is comprised of mature deciduous and evergreen trees and shrubs. The required 20 ft. setback along that property line will be landscaped. An area approximately 10' from the building will be planted with lawn, in order to provide security and maintenance access. In the remainder of the setback, the existing landscape screen will be maintained. Any gaps or thin spots adjacent to the addition will be replanted with similar plant materials. • Efforts will be made to protect the existing shrubs from damage (see notes on site plan). The extent of replanting cannot be determined until removal of shrubs from the building area. There are also large trees and shrubs between the addition and the parking lot along the north property line. These will be maintained and are out of the construction area. K. LANDSCAPING 1. Street trees Street trees were planted as part of previous site development permits. No street trees are to be removed as part of this project and no additional street trees are proposed. 2. Parking Lot Landscaping The building addition is Sunday school space, which does not require additional parking. There is no addition to the assembly area as part of this project. All existing parking and required landscape screening was developed under previous development permits BUP 95-0461 and PLM 95-0338. 3. Setbacks for Fences or Walls There are no fences or walls, above the existing grade, proposed as part of this project. The wall around the perimeter of the addition is a retaining wall, to allow the building to set down into the site (see building elevations). 4. Revegetation All areas around the building addition will be revegetated as part of this project (see site plan). L. SIGNS No signs are proposed as part of this project. M. SENSITIVE LANDS Not applicable to this project. N. STEEP SLOPES Not applicable to this project. 0. Y UNIFIED SEWERAGE AGENCY BUFFER STANDARDS Not applicable to this project. P.TREE REMOVAL PLAN REQUIREMENTS The tree removal plan is included on the Site Development, Grading and Landscape Plan. Trees to be removed are identified on that plan. Locations and sues were taken from site surveys. i i The only trees being removed are those within the building footprint. Nine trees are targeted for removal. There are more than 60 trees on the site that are over 12" caliper and numerous smaller trees. Over 85% of existing trees over 12" will be retained. Snow fencing will be placed at the approximate location of drip lines of trees to remain and construction vehicles and storage will not be allowed in those areas (see site plan). Q. MITIGATION As over 75% of the trees over 12" caliper are being retained, no mitigation is required. R. SUBDIVISION PLAT NAME RESERVATION Not applicable to this project. S. NARRATIVE This document is the narrative providing findings based on the applicable approval standards. T. CODE SECTION The following code sections have been addressed in previous sections of this narrative: Code section 18.96 addressed in items B & D above. Code section 18.98 addressed in item B above. Code section 18.100 addressed in items F, J & K above. Code section 18.102 addressed in item I above. Code section 18.106 addressed in item F above. Code section 18.108 addressed in item F above. Code section 18.114 addressed in item K above. Code section 18.150 addressed in item P above. Code sections not previously addressed are: Code section 18.88 Solar Access Requirements 18.88.040 Solar Access for New Developments This project does not include creation of a new lot. The existing lot complies with the Basic Requirement Standard as it has a north-south dimension of 90 ft. or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. 18.88.050 Solar Balance Point Existing trees between the building addition and the north property line, a distance of approximately 65 ft., are to remain as part of this project. The shading created by the building addition, which is approximately 19 ft. high, will not project beyond the shading by the existing trees. The existing property to the north is developed as a parking lot. 18.116 Mixed Solid Waste and Rec clables Storage in New Non- residential Buildings 18.116.050 Methods of Demonstrating Compliance, C. Minimum Standards Method, E. Specific Requirements, 2. Non-residential Buildings. Requirement is for 10 s.f. plus 4 s.f./1000 s.f. of ground floor area. The building ground floor area including the addition will be 15,700 s.f. Required space, therefore, is 10 s.f. + 15.7 X 4 = 72..8 s.f. The screened enclosure shown on the site plan is 100 s.f, in area. 18.116.060 Location Design & Access Standards For Storage Areas The exterior storage area shown complies with requirements of this section as it is located within a parking area with more than the required number of spaces; is accessible for collection vehicles but will not obstruct pedestrian or vehicular movement on the site or on public streets; is sized to accomodate current local collection containers; is enclosed by a 6' high sight obscuring fence; has a 10' wide gate opening; and is accessible to collection vehicles allowing them to exit the site in a forward direction. 18.120 Site Development Review 18.120.090 Application Submission Requirements All submission requirements of this section, and those outlined in the pre-application conference notes, are included in this application package. 18.130 Conditional Use All submission requirements of this section, and those outlined in the pre-application conference notes, are included in this application package. 18.130.150 Standard Dimension Requirements For Conditional Use Types, C. Additional Dimension Standards, 10. Religious Assembly & Accessory Use. Minimum lot size required 20,000 s.f., actual lot size 133,400 s.f. Conformance with other requirements of this section is outlined in item B above. 18.164 Street and U*it 18.164.030 Streets Street frontage and public under previous development are currently improved to modifications are included Standards 0 access improvements were completed permits. Both Durham Road and 98th St. standards of this code. No in this project. There were no right-of-way dedication requirements identified in the pre-application conference information from the Engineering Section. Fee in-lieu of undergrounding overhead utility lines along 98th was noted as being required. Traffic Impact Fees are also noted as being required, applying only to the increase in building size. These are to be calculated at the time of building permit issuance. 18.164.070 Sidewalks Sidewalks and planter strips were installed under previous development permits. No modifications are included as part of this project, nor were any identified in the pre-application conference information from the Engineering Section. 18.164.090 Sanitary Sewers According to pre-application conference information from the Engineering Section, the nearest sanitary sewer line is an 8" line located in 98th; and the site is presently served and the addition will be able to be served from existing on-site lines. 18.164.100 Storm Drainage There is an existing on-site storm water detention pond system. All drainage from new impervious surface areas will be directed to this system. There are no watercourses, drainage ways, channels or streams traversing this site and there is no upstream drainage accessing the on-site facility. Pre-application conference notes indicated that payment of fee in-lieu may be an option for this project. New impervious surface drainage (building roof) is 5,968 s.f. Existing asphalt area being removed and replaced with landscaped areas is 1,002 s.f. This means that the net increase in impervious surface is 4,966 s.f. 4,966 s.f./2,640 s.f.= 1.88 units Fee in-lieu therefore is 2 K $210 = $420.00 18.164.120 Utilitie* All new utility lines will be placed underground. This project is not a sub-division. Per Mike Miller, City of Tigard Water Dept., the existing 2" water service to the site is adequate to serve the proposed addition. Per Joe Martin, Tualatin Valley Fire & Rescue, available fire flow capacity is adequate. Available fire flow is 5380 gpm and calculated required fire flow is 2625 gpm. U. IMPACT STUDY This project is the addition of Sunday school rooms to an existing church. The rooms are intended to provide facilities to serve the existing congregation. There is no expansion of the assembly area as part of this project. There are currently two worship sessions every Sunday, at 8:00 AM and 10:45 AM. Bible classes are held on Sundays at 10:45 AM and 6:00 PM. There are no plans to increase worship sessions. Weekly facility use includes a free pre-school program for 2 hours each Tuesday and Thursday morning and 2 hours each Tuesday and Thursday afternoon. These are open to the public and are limited to 32 children in each session. There are no plans to increase capacity or days of operation of this program. There are various community and bible study group meetings at the church during weekdays and evenings. These are not on a regular schedule but occur as need for the facility arises. There is no plan for use of the classroom addition for a daily school or daycare program. Since the user group anticipated after development is the same as the user group currently using the facility, there should be no impact of this development on public facilities or services other than those listed elsewhere in this narrative. There will be no additional demand on the park system as a result of this proposal. There are no bicycle corridors identified on City of Tigard maps, at this site location. There is nothing proposed in this plan that will generate additional noise impact. V. NEIGHBORHOOD MEETING Neighborhood meeting requirements have been satisfied. Meeting notices were mailed October 9, 1998 and the site was posted on the same day. W • • The meeting was held at the church on October 27, 1998. No modifications of the preliminary proposal were necessary to satisfy concerns raised at the meeting. A copy of the letter of notification mailed to the affected property owners, mailing list and corresponding Affadavit of Mailing are attached to this application. A copy of the meeting sign-up sheet and record of comments is also attached. W. BUILDING PERMITS Building permit application will be made after receipt of this land use approval. X. RECYCLING The plan for relocation of the garbage/recycling enclosure has been reviewed by Pride Disposal and meets with their approval. Y.? ADDITIONAL CONCERNS OR COMMENTS Previous permits BUP95-0461 and PLM95-0338 have received final approval, allowing review of permits for this project. END OF NARRATIVE W. Lane Brown A.I.A. Architect/Planner AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS. City of Tigard ) I, Orville D. Grossarth, being duly sworn, depose and say that on October 9, 1998, I caused to have mailed to each of the persons on the attached list. a notice of a meeting to discuss a proposed development at the Southwest Church of Christ. 9725 SW Durham Road. Tigard, OR 97224. a copy of which notice so mailed is attached hereto and made a pan of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at Sherwood. Oreaon with postage prepaid thereon. Sig?n ure (In the presence of a Notary Public) (THIS SECTION FORA STA FE OF OREGON. NOT.kRY PI:BLIC TO COMPLETE NOTARIZE) Subscribed and sworn/affirmed before me on the day of 1998 OFFICIAL SEAL. KELLY HUFF MAN NO TARY PUBLIC-OREGON COMMISSION NO. ? MY COMMIS 8 NOTARY Pt;8L1C OF ORE Oiv SION EX RI:s 2 2Q92 i V[v Commission Expires: ----------------------------------------------------------------------------------------------------------------- NAIVIE OF PROJECT OR PROPOSED NAME: Church Classroom :addition TYPE OF PROPOSED DE`"ELOPN ENT: Church Classroom :addition Name of Applicant/Owner: Southwest Church of Christ address or General Location of Subject Property: 9725 SW Durham Road. Tigard- OR 97224 Subject Propertv Tax Lot: 2S 1 11 CD-00400 ----------------------------------------------------------------------------------------------------------------- F • • NOTICE CONCERNING NEIGHBORHOOD MEETING October 9, 1998 Name, Street Address, and City RE: Southwest Church of Christ Classroom Addition Dear Interested Party: The Southwest Church of Christ is the owner of the property located at 9725 SW Durham Road, Tigard, OR 97224 (Tax Lot: 2Sl 11CD-00400). We are considering proposing a church classroom addition at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Tuesday, October 27, 1998 7:00 PM Southwest Church of Christ Auditorium 9725 SW Durham Road, Tigard, Or 97140 Please notice this will be an informational meeting on prelirninary plans. These plans may be altered prior to the submittal of the application to the city. I look forward to more specifically discussing the proposal with you. Plese call me at 625-7089 or the Southwest Church of Christ office at 620-0221 if you have questions. Sincerely, l Orville D. Grossart 0 -0 NAMES OF OWNERS LOCATED WITHIN 250 FEET OF THE SW CHURCH OF CHRIST BUILDING (9725 SW DURHAM ROAD, UGARD, OR 97223) AND WHO WERE NOTIFIED OF PUBLIC MEETING Southwest Church of Christ 9725 SW Durham Road Tigard, Or 97223 Tigard Church of God 15670 SW 98th Avenue Tigard, OR 97223 Tax Lot: 2S I I I CD-00400 Tax Lot: 2SI I ICD-00300 Todd, Marian F & Mayor, Mauri Tar Lot:2SI IICD-03100 9645 SW Brentwood PI Tagard, Or 97224 Houck, Ray & Caryl B Tax Lot: 2S 111CD-03200 9635 SW Brentwood PI Tigard, OR 97224 Galluzzo, Phil A Sr & Rosemary Tax Lot: 2S 111 CD-03300 9625 SW Brentwood PI Tigard, OR 97224 Savage, Ardeth M Tax Lot: 25111 CD-03400 9615 SW Brentwood PI Tigard, OR 97224 Hardy, John L & Jeanne L Tax Lot: 2S111CD-03500 9605 SW Brentwood PI Tigard, OR 97223 Ulwelling, John J & Kathleen T&YLot: 2SI I ICD-03600 9585 SW Brentwood A Tigard, OR 97224 Jiroch, Ronald F & Cathryn M Tar Lot: 2SII ICD-03700 9575 SW Brentwood Pl Tigard, OR 97223 Rydell, Mildred Lee Tax Lot: 2SI I ICD-06000 9620 SW Brentwood PI Tigard, OR 97224 2. Perrine, Caroline W Tae Lot: 2S111CD-05900 9610 SW Brentwood PI Tigard, OR 97224 Bowman, Cora H Tax Lot: 2S I I I CD-05800 9600 SW Brentwood PI Tigard, OR 97224 Peters, Alice E Tax Lot: 2S111CD-05700 9590 SW Brentwood PI Tigard, OR 97224 Todaro, DominickR Tax Lot: 2S I I I CD-05600 9580 SW Brentwood PI Tigard, OR 97224 Graham, John M & Lucille H Tae Lot: 2SI I ICD-05500 9570 SW Brentwood PI Tigard, OR 97224 Taylor,'James B & E Juanita Tar Lot: 2S I I I CD-05400 15945 SW Brentwood Ct Tigard, OR 97224 Hampton, Norman C & Jeanne Q Tax Lot: 2S111CD-05300 15955 SW Brentwood Ct Tigard, OR 97224 Joy, Althea I Tax Lot: 2S111CM5200 15965 SW Brentwood Ct Tigard, OR 97223 Miller, Vivian M Tax Lot-. 2SI I ICD-05100 15975 SW Brentwood Ct Tigard, OR 97224 Rieder, T H & M Francine Tax Lot: 2SI I ICD-005000 15985 SW Brentwood Ct Tigard, OR 97224 Nutter, Judith A& Quinn, Doris G Tae Lot: 2511 ICD-04900 15995 SW Brentwood Ct Tigard, OR 97224 0 .0 3. McDougall, James R & Monica Tax Lot: 2SII ICD-045oo 9540 SW Brentwood Pl Tigard, OR 97224 Dwyer, Doris G Tax Lot: 2SI I ICD-04600 15970 SW Brentwood Ct Tigard, OR 97224 Keller, H Evelyn Tax Lot: 2SIIICD-04700 15980 SW Brentwood Ct Tigard, OR 97224 Field, Mary E Tax Lot: 2SI I IMt4800 15085 Glen Eagles PI Lake Oswego, OR 97034 McCoy, James L & Irene Tax Lot: 2SII ICD-10000 9825 SW Kimberly Dr Tigard, OR 97224 Leistra,'Ronald M & Aldine Tax Lot: 2S111CD-10100 9815 SW Kimberly Dr Tigard, OR 97223 Wegener, Brian & Karen Bullard Tax Lot: 2S111CD-10300 9830 SW Kimberly Dr Tigard, OR 98223 Wolfe, Duane A & Fay L Tax Lot: 2S111CD-10200 9820 SW Kimberly Dr Tigard, OR 97223 Vanwinkle, Richard G & Betty L Tax Lot: 2S1IIM-10400 15755 SW 98th Ave Tigard, OR 97224 Hawkins, James V & Anna G PO Box 725 Manzanita, OR 97130 Tax Lot: 2SI I ICD-10500 Krouth, Dennis A & Nancy H 15795 SW 98th Ave Tigard, OR 97224 Tax Lot: 2S111CD-10600 • 4. Hansen, Robert M & Kathlee Tax Lot: 2s111CD-10700 15805 SW 98th Ave Tigard, OR 97224 Frison, Elizabeth Tax Lot: 2S I I I CD-00600 15905 SW 98th Ave Tigard, OR 97224 Solis, Gustavo & Carol Tax Lot: 2S11 ICD-00500 9835 SW Durham Road Tigard, OR 97224 Stephens, Gary W & Susan L Tax Lot: 2SI IICD-09900 9840 SW Kimberly St Tigard, OR 97224 Petrina, Jack M & Frances M Tax Lot: 2SI I ICD-09800 9860 SW Kimberly Dr Tigard, OR 97224 Cairy, Michael L & Eleanor M Tax Lot: 2S111CD-09700 9870 SW Kimberly Dr Tigard, OR 97224 Bostwick, Philip D & Laurie A Tax Lot: 2SI I ICD-09600 9890 SW Kimberly Dr Tigard, OR 97224 Forbes, Roger M & Patricia A Tax Lot: 2S111CD-09500 9894 SW Kimberly Dr Tigard, OR 97224 Carnagey, Robert L Tae Lot: 2S1 11CD-09000 15900 SW Serena Ct Tigard, OR 97224 Towle, Janet C Tae Lot: 2S111CD-08900 15910 SW Serena Ct Tigard, OR 97224 Merryman, Cynthia N Tae Lot: 2S l 14BA-05900 9830 Durham Road Tigard, OR 97224 0 .• 5. Hotchkiss, Jeffery E Tar Lot: 2S 114BA-06000 13475 SW 115th St Tigard, OR 97223 Lancaster, Constance J Tar Lot: 2S114BA-06100 9845 SW Serena Way Tigard, OR 97224 Copper Creek Lot Owners Tax Lot: 2S114BA-13400 15300 SW 116th Ave Tigard, OR 97223 Kolbu, Keith D & Kathleen S Tax Lot: 2S114BA-16700 9720 SW Durham Road Tigard, OR 97224 Darby, Gerald L & Jacquelyn Tax Lot: 2S114BA-16600 9720 SW Durham Road Tigard, OR 97224 Curtis, Wilma D & F Dean Tax Lot- 2S114BA-15300 15440 SW Alderbrook Dr Tigard, OR 97224 Folk, James D & Cathleen A Tax Lot-. 2S114BA-15400 16085 SW Copper Cr Dr Tigard, OR 97224 Erickson, Linda S Tax Lot: 2S114BA-15200 16060 SW Copper Cr Dr Tigard, OR 97224 Schoepke, Robert F & Carol Tax Lot: 2St 14BA-15100 16070 SW Copper Cr Dr Tigard, OR 97223 CITY OF TIGARD COMMUNITY INVOLVEMENT TEAM MEMBERS (South Zone) WHO WERE NOTIFIED John E. Benneth Jack Biethan 15550 SW 109th Ave 15525 SW 109th Ave Tigard, OR 97224 Tigard, OR 97224 • AFFIDAVIT OF POSTING NOTICE ------------------------------------------------------------------------------------------------------------------ WITHIN SEVEN i 7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City or Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 ------------------------------------------------------------------------------------------------------------------ I. Orville D. Grossarth. do affirm that I represent the pariv initiating interest in a proposed church classroom addition affecting the lands located at the Southwest Church of Christ. 972 SW Durham Road. Tigard. Oregon 97224 (Tax Lot: -2S 111 CD-00400) and did on the 9th day of October, 1998 personally post notice indicating that the site may be proposed for a church classroom addition application and the time, date. and place of a neishbor meeting m discuss the proposal. The sign was posted at 972-5 SW Durham Road on the northeast corner of the Intersection or SW Durham Road and SW 98th A,enue. 'd ?Q Signature (in the presence of a votary Public (THIS SECTION FOR A STATE OF OPLEGON. NOTARY PUBLIC TO COMPLETE NLOTAR.LZE'i Subscribed and sworniatfirmed before me on the C1 day of Ct ,- ? f': i. ,, ,' _ 1998 OFFICIAL SEAL - KELLY HUFFMAN > NOTARY PUBUC-0REGON COMMIS3104 MC. 3cF713 NOTARY PkBLIC 0 GON MY COMM I 10N -N-Mv Commission Expires: ----------------------------------------------------------------------------------------------------------------- NAIN E OF PROJECT OR PROPOSED NAINAE. Church Classroom Addition TYPE OF PROPOSED DEVELOPMENT: Church Classroom Addition Name ofApplicantiOwner Southwest Church of Christ :address or General Location of Subject Propertv; 972; SW Durham Road. Tigard. OR 97=24 Subject Property Tat Lot: -"S I t ICD-00400 ----------------------------------------------------------------------------------------------------------------- • • MEETING NOTICE THE SOUTHWEST CHURCH OF CHRIST IS PROPOSING A CHURCH CLASSROOM ADDITION AT THIS LOCATION. Prior to applying to the City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: TUESDAY, OCTOBER 27, 1998 7:00 PM SOUTHWEST CHURCH OF CHRIST AUDITORIUM 9725 SW DURHAM ROAD, TIGARD, OR 97224 PROJECT DEVELOPER CONTACT: Orville Grossarth Phone: 625-7089 SW Church of Christ office Phone: 620-0221 Please note: This is an informational meeting on the preliminary plans. These plans may be altered prior to the submittal of the application to the City. O S /5 T/`fE /NP ?4)0vA-77°'V f Qo uiaED LV As 0 o5T,6 D. ?-?? JaA mmmmcrr 1, -t W EST c H V C2G!-l v P ?1-[ R t ST GaN1p ? TZ o ?/?L c? SE 1? ? I? V? tT N Etcati--lfLaoczrioa w t-?IEE.TI N v oc-t-o tbS2 2-t l 4 98 p M S ? ? was ipo arfz ? 1r!+t ? ???? ?? ? ? ? '?'t--t---? ?-S-lCa.6.9?_r_•.>.34 --- _ P Ro P?.t?T`{ -ow ra-? ?5 -?.N?p c v t?!?1-_?t.? r.?-lZ"'f --?,?+ V o_t,.v ?.t-rte !? t--- T?e-•t .. C? N TA cT S QI? o G'ro_? L_C? ?? ? X9,5 _ T?-1 t?_w?EtriT_ll-?i 4-? Tt? ? R?SBt±?T T k-?E 1A ?_V_E_Lo_?1r?-?E N? Q??s?'?-50?-L..-? _ . 1?t5a?s5_ ?tT't - RE?2V?[ZEr±rnE??TS _.A1?t0.---??SwE2 .Rti?`i_G?I?STtgl.? !?!LEET-1.N_G?-?!t_T_?Et.????.?.£? ---- NAt-!tE Aor?ns5 _ P - I.ANE.? ?'JfZO w ? - Anc K tT'ft?cT ? to N w -3 C1.? Pcf?.T?,.,r_E?to 2q$-LaF L ???5 `r 11 C7- GQ- - . _G_S'r o T?-tc? rV >?ti?"[? u,?.14 f.? Lt V :S30 S'T 4rnT__ o _ VI) I LIT-. r--L tAs 1 l..l ?-- _.t? 1 9 i 11/11/1998 15:07 624-67* SCHMIDT SAN OV PAGE 02 S CHMIDT SANITARY SERVICE, INC. 8325 S.W. Ross St. Tigard, Oregon 97224 Phone 639.2378 Solid Waste Disposal. Recycling, and Drop Box Service Established to 1948 N:*,. .. )er 11 , 1998 I-3 ( Srown FOP' _ect F?. Southwest Church of Christ )725 SW Durham Rd ?? Cgard, or 97224 Jerstand you are relocating the solid waste on Sure. This will still meet our needs to jz.r-.,.ie solid waste service. Please be sure to add ^: ZKING signage on the structure. -i have any questions regarding the above ^, please call me S ! , rely, ?VU'\j? S7T S NITARY SERVICE, INC. • Schmidt CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES Nwp1n4,I-AeltrrtLomm ,"r r -2 7 W-r 'PLICANT: ?r Sw NON-RESIDEHM f a?-,3k AGENT: ro; one: phone:[ l a -io 'OPERTY LOCATION: ADDRESS: TAX MAP/TAX LOT: OESSARY APPLICATION(SI: OPOSAL DESCRIPTION - MPREHENSIVE IN DESIGNATION: ZING DESIGNATION: A-- UEN INVOLVEMENT LM AREA _ FACILITATOR: _ _&& /,?y PHONE: (5031 'NG DISTRICT DIMENSIONAL REgUIREMEHTS Minimum lot size: %/ sq, ft. Average lot width: ft. Maximum building height: 3 S ft. icks Front -Z_y ft. V& Side __L ft. C Rear ft.*- Corner _ 6 ft. from street. Maximum site verage: g0 % Mini um landscap cr natural vegetation area: ?% (Refer to CV257 ection 18.S"Zl eSoi +er?Ck Fr de,,eX 20 SCIb?CIC for s„ C( f? TIONAL LOT DIMENSIONAI REQUIREMENTS Minimum lot frontage: 25 feet unless lot is created through the mino Ion pros se s. Loti created as part of a partition must have a minimum of 15 fee ontage or have a minimum 15 feet wide access easement. The cepth of all lots--shall 21--t?times the time average width, unless the parcel is less Char, 1- times :he rrr inimum lot size of the applicable zoning district. [Refer to Code Section 18.164.060 -Lots) F TIGARD Pfc-UP11caden Corderence Notts Page 1 of 8 `@Us'ANDUCS"MM M11111MMIRtS41CUBB ?2 1 G? r4m 1?d ECIAI SMACKS Streets: 3 0 feet from the centerline of 8 Established areas: feet from Lower intensity zones: feet, along the site's boundary., Flag lot: 10-foot side yard setback. (Refer to Code Section and 18.961 ECIAE BUILDING HEIGHT PROVISIO Buildings located in a non-residential zone may be built to a height of 75 feet provided that: A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; All actual building setbacks will be at least half (%) of the building's height: and y The structure will not abut a residential zoned district. (Refer to Code Section 18.98.0201 IONG AND CCE Required parking for this type of use: Parking shown on preliminary plan(s): )45econdary use required parking: Parking shown on preliminary plan(s): No more than 4001,6 of required spaces 3 f%xc 5e4 /0? 6'6( 64 e? ,i, g1Sr.>a? Ltd ?r l_ o F X s a/CilO f/Xfcy t?G ?.e.f.,f? 114 r, G. may be designated and/or dimensioned as compact spaces. Parking Stalls shall be dimensioned as follows: Standard parking space dimensions: 8 feet, 8 inches x 18 feet. Compact parking space dimensions: 8 feet x 15 feet. [Refer to Code Section 18.106.0201 Handicapped Parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: 112- Minimum access width: -4-A So o.' Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: (Refer to Code Section 18.106 a(1d 18.1081 OF71GARD Pre-Opltcation Confemace Notes Page 2 of 8 ?zl/eatlal aaalleatlaa/?taaa111 Igart•aat SaeUn 1 UWAY REQUIREMENTS Walkways shalt extend from the ground floor entrances or from the ground floor landing of stairs. ramps. or elevators of all commercial, institutional, and industrial uses. to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial. institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. [Refer to Code Section 18.108.0501 RING AREA REQUIREMENTS Every commercial or industrial building in excess of 10.000 square feet shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. [Refer to Code Section 18.106.070-0901 AR Y1S10 ? The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Coda Section 18.1021 EERIN[I AND SCREENIN cease privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required: these Re often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. [Refer to Code Chapter 18.1001 The required buffer widths which are applicable to your proposal area are as follows: feet along / feet along east boundary. feet along south boundary, feet along west boundary. In addition, sight obscuring screening is required along - JSCAPIN6 rees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of a least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the. branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of one (1) tree for every seven (7) parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms. decorative walls. and raised planters. For detailed information on design requirements for parking areas and accesses. [Refer to Code Chapters 18.100.18.106 and 18.1081 FTIGMD Pre-AppilcaUca Conference Metes Page 3 of B :1482"01301111CM611PUBEWS 149MMOIE SOC981 !!.), Sign permits must be obtainedlior to installation of an Permits" handout i y sign in the Ity of Tigard. A "Guidelines f is available upon or Sign request. Additional sign area or height beyond Code standards may be may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. Serer to Cede Soedeo 1&1141 :aISUM LAMBS The Code provides regulations for lands which are within the 10G-year flvodplain, natural drainageways, Potentially areas, Qn s slopes in excoesment duet ag on unstable ground. Staff will attempt to preliminary identify sensitive lands percent, or conference based on available information. HOWEVER, he resoo . I tn „ono iat'the pre-application Chapter 18.84 also provides the use, protection, or modification of sensitive lands areas. [Rorer to Cede Sectletl MBQ :EP SLOPES When steep slopes exist, prior to issuance of a final order, a geotechnical report ed wh' addresses the approval standards of the Tigard Comm Ich report shall be based upon n and investigation and shall incluode de specific recomm4enda ono for achievin Irements of 18.84.040.8.2 and 18.84.040.8.3. FI GE AGENCY IBM BURR STAMOUn 8 a 9 96-44 Puy: •-.4 Land development adjacent to sensitive areas shall preserve and maintain or create a vegetated corridor fo r a buffer wide enough to protect the water quality functioning of the sensitive area. j D-esian Criteria: The vegetated corridor shall be a minimum of 25 feet wide, measured horizontally, m the define(I of the sensitive area, except where approval has been granted by the Ag ly or City to reduce the width of a portion of he corridor. If approval is granted by the Agency or C' o reduce the width of 4 portion of the vegetated corridor, then the surface water in this area shall directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum al able encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percen the length of the vegetated corridor within the development or project site can be less than 25 feet ' idth. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Rest ti in the V etate Corridor No structures, development, construction activi s, gardens, . any materials of any kind, or other activJ shall be permitted which pol helrwisef dechemicals, dumping tract from the water quality protection provided by the veggeetat'ed corridor, except as allowed below: r > A gravel walkway or bike tai, not exceeding 8 feet in width. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or grave lwalkway or bike path may not a constructed closer than 10 feet from the boundary of the sensitive area, unless approved by th gency or City. Walkways and bike paths disturbance to7exlsting vegetation; and shall be constructed so as to minimize > Water quality facilities may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. TICUB '*a" u B*PrMO SOCUM ft"4Ni • 0 n Of Ug9e Corridor: In any residential development which creates multiple parcels or lots intended for separate ownership. such as a subdivision. the vegetated corridor shall be contained in a separate tract. and shall not be a part of any parcel to be used for the construction of a dwelling unit. (Refer to R s 0 96-441USA Regulations - Chapter 3, Design far SWMI EE REM0VAI PtAM REQURRRE)M r n ing. removal and protection of trees prepared by a certified arborist shall be provided for any lot. parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review. planned development or conditional use is hied. Protection is preferred over removal where possible. The tree plan shall include the following: % Identification of the location, size and species of all existing trees including trees designated as significant by the City: Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D_ according to the following standards: Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070. D. of no net loss of trees; Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Cade Section 18.150.0251 Gana eplacement of a tree shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. % If a replacement tree of the size cut is not reasonably available on the local market or would not be viable. the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged. by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city. either public property or. with the consent of the owner, private property. 71GUO Pre-4011catlon Contemace hates Page 5 of 8 11161081 aaalhatlaa/thralls lawartmalt sacttaa The planting of a replacement tree shall take place in a manr?er reasonably calculated to allow growth to maturity, In lieu of tree replacement under Subsection D of this section, a party may. with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer to Code Section 18.150.070 (Dl 801VISION PUT NAME RESERVATION Prior to submitting a Subdivision land use application with the City of Tigard, applicant's ar to complete and file a subdivision plat naming request with the Washington Counn or s Office in order to obtain approval/reservation for any subdivision name. Applica iar?s-w. not be accepted as complete until the City receives the faxed confirmation rom the County of the Subdivision Name Reservation. {CQ urveyor`s Office: 648-88841 iRRAATIVVEE The applicant shall submit a narrative which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. (Refer to Code Secdon 18.321 IE SEC OTIM-9-_ - 18.80 - 18.92 4-"- 18.100 _? 18.108 `18.120 X18.150 18.84 v 18.96 ---18.102 -18.114 8.130 18.160 X18.88 ? 18.98 18,106 ?i18.116 18.134 18.162 ICT SMapart X18.1 64 of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways. the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests. the applicant shall either specifically concur with the dedication requirement. or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Chapter 18.32. Secdon .0502 When a condition of approval requires transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32, Section.2501 MORH00D MEET( The a n shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittee(s) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to b held prior to ubmi in our a lica ion or h a li a i0 will not l be (Refer to the Neighborhood Meeting HandouU Tif M13 Pre-AOGtlcadoo Coatemace Notes Page 6 of 8 fei0=I itpucades/1`1388139 IsRommestsec"em InINS pERMRS ? ? ? r budding and other related permits will not be accepted for review until a land use approval has been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. :YCUN Applicant should contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. iRefer to Code Section 18.1161 JTIONAI CONCERNS OR COMMENTS. O_ . r i ? 3111111111 Administrative Staff Review. , Public hearing before the Land Use Hearings Officer. ft?m oF1?o?1 vy+ Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation) on the proposal to the City Council. An additional public hearing shall be held by the City Council. CATION SUBM11TAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: A li ati ns sub itted mail or dropged off a c un r without Planni Division acceptance rn b re urn d A lica ' ill NOT b acre d after 3:00 P.M on Fridays or 4:30 on other week days. Maps u miffed with an application hall b folded IN ADVANCE to 8.5 11 inches One (1). ve" x 11" a of ro os d ro'ect hould be ubmitted for attachmen tote staff re o 0 administrative decision -Application with nfolded maps shall not be accepted. TIGUO Pre allcatton Contereaca Notes eedal?erlteatte?lMesela! oeearameettsease page 7 of 8 The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing, A 10, to 20 day public appeal period follow ill nd use decisions. An appeal on this matter would be heard by the Tigard A basic flow chart which illustrates the review process is avalla le from a Planning Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It Is recommended that a prospective applicant either obtain and read the Community llevelopment Code or ask any questions of City staff relative to Code requirements prior to submitting an application. An Additional pre-application fee and conference will be required if an application pertaining to this pre-application conference is submitted after a period of more than six (6) months following thi9 conference (unless deemed as unnecessary by the Planning Division). 3 QY\2411 R7 U till ".a ft .21 SaeUst m3sunwnsset.8411 PREPARED BY: C Of TIURD PUNNING DIVISION PHONE 15031639-411] FAX: 150316847297 rlUH8 Pro-4011catlon conference Notes page 8 of I OBUNI UPOCAdMdMMINJAW 11111irtneffl380164 • CITY OF TIGA • RD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST Crrf of TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what Is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639.4171. Staf f Date: 9 APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE J MARKED ITEMS A) Application form (1 copy) 11-? B) Owner's signature/written authorization ty Q Title transfer instrument/or grant deed p% D) Applicant's statement No, of Copies /g E) . Filing Fee Tt- S dam/ 4 SITE-SPECIFIC M"(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE -/ MARKED ITEMS A) Site Information showin : No. of Copies If 1. Vicinity map 2-- 2. Site size & dimensions e-- 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) e' 4. Drainage pattems, courses, and ponds 911, 5. Locations of natural hazard areas including: G (a) Floodplain areas 0 (b) Slopes in excess of 25% a (c) Unstable ground ? (d) Areas with high seasonal water table ? (e) Areas with severe soil erosion potential ? (f) Areas having severely weak foundation soils ? 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ? (a) Wildlife habitats ? (b) Wetlands ? 7. Other site features: (a) Rock outcroppings o (b) Trees with 6" caliper measured 4 feet from ground level 8. Location of existing structures and their uses e' 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements 11. Location of existing dedicated right-0f-ways LAND USE APPUCkTION r UST PAGE 1 Qf 5 8) Site ev l meet Plan Indi atin : • No. of Copies 1. The proposed site and surrounding properties IT,- 2. Contour line intervals E3--- 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties t? (b) Proposed streets or other public ways & easements on the site a? (c) Alternative routes of dead end or proposed streets that require future extension 4. The location and dimension of. ? (a) Entrances and exits on the site tY (b) Parking and circulation areas tY (c) Loading and services area a., (d) Pedestrian and bicycle circulation (e) Outdoor common areas te/ (f) Above ground utilities 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site ta• (b) Proposed structures, improvements, utilities and easements on the site tam 6... Storm drainage facilities and analysis of downstream conditions t3? 7. Sanitary sewer facilities 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques t? 10. The location of mailboxes t? 11. The location of all structures and their orientation 12. Existing or proposed sewer reimbursement a ree ?y g ments tam C) Grading Plan Indicating: No. of Copies The site development plan shall- include a 'grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines R-- (b) Slope ratios ? (c) Soil stabilization proposal(s) to (d) Approximate time of year for the proposed site development o 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ? (b) The validity of sanitary sewer and storm drainage service proposals ? (c) That all problems will be mitigated and how they will be mitigated ? LAND usE APMI[AT1pN / UST PAGE : OF 3 D) Architectural Draw Indicatin , No. of Copies - The site development plan proposal shall include: 1. Floor plans indicating the square footage or all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landsca a Plan Indicatin • No. of Copies The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable ®-- 2 Location and height of fences, buffers and screenings ®-- 3. Location of terraces, decks, shelters, play areas, and common open spaces ? 4. Location, type, size and species of existing and proposed plant materials e- S. Landscape narrative which also addresses: (a) Soil conditions ? (b) Erosion control measures that will be used ? F) Sin Drawings". Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation Estimate: ? H) Preliminary Partition/Lot Line Adiustment Map Indicating: N/. of Copies 1. The owner of the subject parcel ? 2. The owner's authorized agent ? 3. The map scale (20,50,100 or 200 feet -1) inch orth arrow and date ? 4. Description of parcel location and boundarie ? 5. Location, width and names of streets, ease eats and other public ways within and adjacent to the parcel ? 6. Location of all permanent buildings o and within 25 feet of all property lines ? i. Location and width of all water urses ? 8. Location of any trees within 6" or greater caliper at 4 feet above ground level ? 9. All slopes greater than 25 A 0 10. Location of existing uti ' ies and utility easements ? 11. For major land pard ' n which creates a public street: (a) The propos right-o€ way location and width ? (b) - A scaled oss-section of the proposed street plus any reserve strip ? 12. Any applica a deed restrictions ? 13. Evidence at land partition will not preclude efficient future land w divisio here applicable ? LANO USE APPLICAT10N / LIST PACE ] OF 3 0' Subdivision Prelim( Plat Ma and Data Indicatin : 0 No. of Copies 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet The proposed name of the subdivision ? 3. Vicinity map showing property's relationship to arterial and collector streets 4. Names, addresses and telephone numbers of the owner, develop ? engineer, surveyer and designer (as applicable) ? 5. Date of application 6. Boundary lines of tract to be subdivided ? 7. Names of adjacent subdivision or names of recorded own rs of ? adjoining parcels of un-subdivided land 8. Contour lines related to a City-established benchmark 2-foot intervals ? for 0-10% grades greater than 100 ? 9. The purpose, location, type and size of all the foil ing (within and adjacent to the proposed subdivision): (a) Public and private right-of-ways and ease ents ? (b) Public and private sanitary and storm s er lines ? (c) - Domestic water mains including fire drants ? (d) Major power telephone transmission Ines (50,000 volts or greater) ? (e) Watercourses (t? Deed reservations for parks, ope spaces, pathways and other ? land encumbrances 10. Approximate plan and profiles of p posed sanitary and storm sewers ? with grades and pipe sizes indica on the plans ? 11. Plan of the proposed water distr' ution system, showing pipe sizes and the location of valves and fire ydrants 13 12. Approximate centerline prof showing the finished grade of all streets including street extensions r a reasonable distance beyond the limits of the proposed subdivision 13. Scaled cross sections of roposed street right-of-way(s) ? ? 14. The location of all are subject to inundation or storm water overflow ? 15. Location, width & dir ion of flow of all water courses & drainage-ways ? 16. The proposed lot c figurations, approximate lot dimensions and lot numbers. Wh a lots are to be used for purposes other than residential, it sh be indicated upon such lots. ? 17. The location of all trees with a diameter 6 inche s or greater measured at 4 feet above round level, and the location of proposed tree plantings ? 18. The existin ses of the property, including the location of all structures and the pr sent uses of the structures, and a statement of which structures are to re ain after platting ? 19. Supple ental information including: (a) roposed deed restrictions (if any) (b)Proof of property ownership Z A proposed plan for provision of subdivision improvements 20. 21. . istin g natural features including rock outcroppings, wetlands & marsh areas -ff any of the foregoing information cannot i bl ? f > pract ca y be shown on the preliminary plat, it shall be incorporated into a narrative and submitt d e with the application LAND USE APPLICATION -f LIST PAGE + OF 3 LAND LSE APPLICATION J LIST h.Uogmbatryvnuten\l-dcliss.mst Mat 2]. 7995 PAGE 5 Of 3 it GD ' • ? e414W (5v,f Cif c- Cik rr City of Tigard, Oregon PRE-APPLICATION CONFERENCE NOTES ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre-application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. 'There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies. City staff and the public have had an opportunity to review and comment on the application. The following comments area ro'ec 'o of public improvement related requirements that may be required as a condition of development approval for your proposed project. Rig ht-of-way-dud ication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. of adevelopment application for this site will r9quire right-of-way d_qdication for: nterline. feet froF'n centeffine. `-? feet frofr(centerline. Street provements- ( street improvements w' necessary along ( ) street improve nts will b necessary alor treet improv ments on sharp includten o avement from centerline, pl s the inst lation of curb nd gutte? storm snd placement of utility wires ( fee ma be collected if d termin appropriatring Department), a five-foot wi a sid alk (sidewalks may quired to be wor major collector .ITY OF TIGARD Pre-Application Conference Notes Page 1 of 5 ginering Oeparrment section streets, or in the Ceol Business District), necessary s* signs and traffic control devices, streetlights, and a two year streetlighting fee. ( ) Street improvements on shall include -r' f t of pavement from centerlin , p the installation of ?b and g ers, storm sewer underg ound place a of utl Ity Tres (a f 6p may be colle d if determined appropriate ,be Engin ering De rtm nt), ?. a f -foot wide ss dewalk (si -walks may be reg6ired to be ider on arterial or d`or m 1 collector eets, or in the Central usiness District), necesra-ryestreet signs and traffic control devices, streetlights, and a w -year streetlighting fee. ( Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW 9E!? 4t^ Prior to [Stu "the applicant shall either place these utilities underground, or pay the fee in-lieu described above. In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement. (1.) (2.) Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) E?> inch line which is located in qe?o` AVV-T- . The proposed development must be connected to a public sanitary sewer. it is the de J to ?1d6 StTG IS - L+1G t ?al v?lu? RRt? -Cn ?2J?-A t ?A C_ ? 'CITE Lgt,4 (S) CITY OF TIGARO Pre-Application Conference Notes Page 2 of 5 ingineerinp Department Section Pedestrian s/bikewa : Water Sup.plx: (H%" The 11 40j-, Water met - Phone: (503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection.- Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a subbasin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. A downstream analysis will also likely be necessary to determine if runoff from the proposed development will cause adverse impacts to the existing storm system downstream of the site. Fov'A P7?11?.t7,eslq fa?l M.'a . Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be ' required if existing or proposed facilities are not otherwise readily accessible. 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 requires the construction of on-site water quality facilities. The facilities shall be designed to remove ITY OF TIGARO Pre-Application Conference Notes Page 3 of 5 plneering Qeprrtmeet Senion 65 percent of the phosph contained in 100 percent of therm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be Preliminary sizing calculations for any proposed water quality facility shall be submitted with t development application. It is anticipated that this project will require: # 210.60 ( &T'- Construction of an on-site water quality facility. ( vr? Payment of the fee in-lieu-'2-ml l) Fcsa "-tom KN W A*,J "--? TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The F shall b calculated a the time of building permit issuance, In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. PA-? -(f= PERMITS Engineering Department Permits. Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type- of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. rV OF TIGARO Pre-Application Conference Notes neering Oepanmem Sevion Page 4 of 5 0 NOTE: If an Engineering Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Department. Building Depa ment Permits: The following is a brief overview of the type of permits issued by the Building Department. For a more detailed explanation of these permits, contact the Development Services Counter at 639-4171, ext 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: ENGINEERING D PARTMENT Phone: (503)639A171 Fax: (503) 684-7297 voginlpattytpreapp. eng Aaster section: preapp-r.msq -camber 23. 1996 ITY OF TIGARD Pre-Application Conference Notes gmeering Department Section Page 5 of 5 0 i AGENDA ITEM NO. -2.2 J 0 0 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.2 DATE: FEBRUARY 8, 1999 FILE NAME: MOMENTUM MOTORCYCLES CASE NO.: CONDITIONAL USE PERMIT (CUP) 98-0003 APPLICANT: Momentum Motorcycles, Inc. OWNER: James & Elizabeth Woodley Attention: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 PROPOSAL: The applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway, WCTM 2S102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District. ZONING DESIGNATION: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE. 0 0 AGENDA ITEM NO. 2.2 (PAGE I OF/ DATE:^ FEBRUARY 8, 1999 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. ?r 7 v ?w L'?+n..?..?.-y c?2•? 1 ?'7 ?? ?, ? , '??.C 1 ?1 ? N I•U ?I j 2- -1? e rr Dy-e, q 7? 2 3 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 376 1'i ?u r Fay sr S ??kc-l FiC µwrv 12_ 7&-o GR X0 ZZ3 i' Px4 I 19 Name, re Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. • • COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising °City of Tigard ® ? Tearsheet Notice 13125 Spa Hall Blvd. e Ti ga r- d , 0 e-gon 97223 ® ? Duplicate Affidavit 0Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. Iia1°hy 2nvHAr _ being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of they" i ga rd -T , a 1 a t- i n Time a newspaper of general circulation as defined in ORS 193,010 and 193.020; published at T ' c.ra rd 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 01IE successive and consecutive in the following issues: .T 1 ? r Legal Notic® TT 9 31.4 Subscribed and sworn to afore me this28t-h day of 7,nnp t.? y, zg9g OFFIC.IAL SEAL NoWary Public for Oregon NOTARY PUBLIC-OREGON Ally Commission Expires: COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY ifi, 2041 AFF@®AVIlr _? 0 0 The following will be considered by the Tigard Hearings Officer on Mon. day, February 8, 1999, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW 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 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING; CONDITIONAL USE PERMIT [CUP] 98-0003 MOMENTUM MOTORCYCLES REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district centered on the City's his- toric downtown, including a mix of civic, retail and office uses. AP- PLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18-106,18.108 and 18.114. TT9314 -Publish January 28, 1999. CITY Of TIGARD Community (Development ShapingA Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. FEBRUARY 8.1999 AT 7.20 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] 98-0003 FILE TITLE: MOMENTUM MOTORCYCLES APPLICANT: Momentum Motorcycles, Inc. OWNER(S): James & Elizabeth Woodley Contact: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 REQUEST: The applicant is requesting Conditional Use approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. ZONE: CBD; Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic, retail and office uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.100, 18.102, 18.106, 18.108 and 18.114. 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. 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. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF 2J8!99 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDENCE I UPPORT TO THE APPLICATION AFTWJANUARY 19. 1999. ANY PARTY IS ENTITLED TO REQUEST A CONTIN CE OF THE HEARING. IF THERE IS 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. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). 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 ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT 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 TO THE LAND USE BOARD OF APPEALS 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. ASSOCIATE PLANNER AT (503) 639-4171 (x315), TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CUP 98-0003 MOMENTUM MOTORCYCLES NOTICE OF 218199 HEARINGS OFFICER PUBLIC HEARING BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Momentum Motorcycles, Inc. ) FINAL ORDER for a conditional use permit for a motorcycle and limited ) automobile sales use in an existing building at 12700 ) CUP 98-0003 SW Pacific Highway in the City of Tigard, Oregon ) (Momentum Motorcycles) I. SUMMARY 1. The applicant requests approval of a conditional use permit (CUP) for a motorcycle and limited automobile sales use in the Central Business District (CBD) zone. The use will be conducted in an existing building and associated exterior improvements at 12700 SW Pacific Highway in the City of Tigard, Oregon (WCTM 2S102AC, Tax Lots 1701 and 1703; the "site").' The use consists principally of sale and resale of motorcycles and related accessories. The applicant also proposes to accept automobiles as a trade-in for motorcycles and to sell the automobiles from the site. Prior to the close of the public hearing in this case, the applicant proposed to have up to three automobiles for sale on the site at one time. After the hearing and while the record remained open, the applicant requested permission to sell up to five automobiles on the site at any time. 2. The site and surrounding properties are zoned CBD. Other nearby properties in the area are zoned GC (General Commercial). The site abuts the Main Street Village Apartment development to the northeast. The site abuts an existing commercial building to the south which houses a hair salon and offices. Further south, across McKenzie Street, is a small commercial and office complex. 3. Automobile sales is a conditional use in the CBD zone. Motorcycle sales is not listed as a permitted use in any zone. The applicant requests that the City construe the Community Development Code ("CDC") to allow motorcycle sales by conditional use permit in the CBD zone, because it is a use similar to other permitted conditional uses. 4. A hearings officer held a duly noticed public hearing regarding the application. City staff recommended approval of the conditional use permit, subject to the conditions of approval in the Staff Report. Two witnesses testified for the applicant and accepted the findings and conditions of approval recommended by City staff. One witness testified with concerns about the noise, traffic and other impacts of the proposed use on the apartment complex east of the site and the commercial complex south of McKenzie Street. No one else appeared at the hearing or submitted written testimony about the application. 5. The testimony and evidence raise the following principal issues in this case: • Whether the CDC should be construed to allow motorcycle sales as a use similar to other uses in the CBD zone. This issue was not disputed. • Whether the particular use proposed in this case generates significant adverse traffic, solid waste and noise impacts that should be mitigated by appropriate conditions or that warrant denial of the CUP application. This issue was disputed by a neighboring property owner. 1 In fact the applicant has been selling motorcycles at the site since March of 1997. That use is illegal, because it was not authorized by city permit. If the CUP application is approved, and the applicant complies with conditions of that approval, the use will become legal. Hearings Officer Final Order CUP 98-0003 (Momentum Motorcycles) Page I 0 0 • If the CUP is approved, whether conditions of approval should require the applicant to increase the landscaping and screening on the site so that it complies with City standards. This issue was raised by the hearings officer at the hearing, and the applicant and City staff responded to it. • If the CUP is approved, how many automobiles should be allowed to be sold on the site at any one time, and what restrictions should be imposed on those sales to address the CUP criteria. The staff and applicant responded to this issue. 6. For the reasons provided and referenced in this final order, the hearings officer construes the CDC to allow motorcycle sales in the CBD zone as a similar use to automobile sales, and approves the conditional use permit for that purpose, subject to the conditions recommended by City staff with certain modifications described more herein. II. FINDINGS ABOUT SITE. SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated February 1, 1999 (the "Staff Report"), and the findings about public facilities in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARING AND RECORD 1. On February 8, 1999; Tigard Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing at City Hall to receive testimony and evidence about this application. That testimony and evidence 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. 2. At the hearing, city planner Mark J. Roberts summarized the Staff Report and the applicable approval criteria. He noted that the applicant is requesting to change the use of an existing building. The building previously was used as a real estate office. He noted that the site does not comply with current landscape standards which require a minimum 15-percent of the site be landscaped. However, because the applicant is only requesting a change in use, staff did not recommend the hearings officer require the applicant to provide additional landscaping. He noted that the Oregon Department of Transportation ("ODOT"), which is responsible for Highway 99W (Pacific Highway), recommended the applicant redesign the parking lot to remove parking spaces within 20 feet of the site entrance from Pacific Highway and to mark the parking lot with a one-way circulation pattern. 3. Aldee Howard and Jon Burtness appeared on behalf of the applicant, Momentum Motorcycles, Inc. a. Mr. Howard accepted the Staff Report and proposed conditions of approval without exception or objections. He testified that the applicant will comply with ODOT's recommendations for the parking lot and will provide additional landscaping if required to bring the property into compliance with the Code. Hearings Dicer Final Order CUP 98-0003 (Momentum Motorcycles) Page 2 0 • b. Mr. Burtness testified that he does not allow his customers to test drive motorcycles due to insurance concerns. For a customer to ride one of the motorcycles, the customer must pay for the motorcycle. This eliminates test rides and reduces the potential for adverse effects associated with such test drives. His mechanic occasionally drives the motorcycles, but only on the site. He tries to discourage his customers and employees from riding through adjacent properties. He testified that he was aware of only one incident in which a customer was racing a motorcycle on Ms. Gospodinovic's property. That incident occurred more than one year ago. He testified that any used tires stored on the site are neatly stacked against the north wall of the building and are not visible from off- site. The tires are picked up and recycled on a regular basis. He testified that he displays up to 10 motorcycles along the site's Pacific Highway frontage, on the concrete apron beneath the building awning. He testified that he does not intend to display automobiles along Pacific Highway. He intends to have a maximum of three automobiles on the site at any time. He proposed to park the cars in the east portion of the parking lot. He does not plan to repair automobiles on the site. 4. Rose Gospodinovic testified that she owns the apartment complex east of the site and the commercial complex across McKenzie Street to the south. She expressed concerns about the impacts of the use on her property. She testified that noise from revving motorcycle engines is frequently audible on her property. She testified that the applicant's customers race through her parking lot while test driving motorcycles. The applicant's customers also use her property as a short cut to the site from the south. She expressed concerns about the traffic impacts of the proposed use. She testified that McKenzie Street is congested under existing conditions. She testified that the applicant's customers and customers of the adjacent beauty shop and offices park on her property. She testified that the applicant allows used tires to accumulate on the site, and, on three occasions in the past year, tires ended up on her property. 5. City planner Julia Hajduk opined that any limitation on automobile sales should be specific to enable the City to enforce the limitation. 6. The hearings officer held the record open for four days to allow the applicant an opportunity to submit a closing statement. The record in this case closed at 5:00 p.m. on Friday, February 12, 1999. a. Before the record closed, Mr. Howard submitted a letter dated February 9, 1999 in which he requested that the applicant be allowed to store up to 5 automobiles on the site. He argued that there is more than enough room on the site to accommodate such storage. The site contains 20 existing parking spaces. If 5 of these spaces are used for storageldisplay of automobiles for sale, the remaining 15 spaces will be available for customers and employees of the motorcycle shop. He testified that the stored automobiles will not be visible from the highway. The applicant will use "very limited site advertising." V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by City staff; to wit, motorcycle sales is a use similar to automobile sales and should be allowed subject to the same restrictions; and substantial evidence in the record shows the proposal does or can comply with the applicable standards and criteria for a conditional use permit, and adoption of recommended conditions of approval as amended will ensure final plans are submitted consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. Hearings Dicer Final Order CUP 98-0003 (Momentum Motorcycles) Page 3 0 0 2. The applicant proposed to establish a motorcycle sales and repair facility with limited automotive sales. Motorcycle sales and repair are not listed uses in any zone in the City. However CDC 18.43 authorizes the decision maker to approve "unlisted" uses which are found to have similar intensity and impacts as a permitted or conditional use, subject to the approval standards in CDC 18.43.050. The hearings officer finds that motorcycle sales and service as proposed herein complies with CDC 18.43.050, based on the following findings: a. Motorcycle sales and service in the CBD zone as a conditional use is consistent with the comprehensive plan, because the comprehensive plan allows automobile sales and service uses in the CBD zone, and motorcycle and automobile sales and services are substantially similar in their potential impacts. They both involve sales, service, storage and display of motor vehicles. They both are relatively land extensive. They both involve the retail sales of relatively large, long-lived consumer products. In terms of their impacts, automobile and motorcycle sales and service (at least as proposed in this case) are sufficiently similar to be the same for purposes of the comprehensive plan. b- Motorcycle sales and service is consistent with the purpose of the CBD zone,2 because it contributes to a concentrated, central retail area by adding a new use. There is no separate intent for the CBD zone. c. As noted above, motorcycles sales and services is substantially similar to and of the same general type as at least one other use permitted by conditional use permit in the CBD zone --- automobile sales and service. d. As noted above, motorcycle sales and service has similar intensity and off site impacts as other conditional uses listed in the zone, including automobile sales and service and bulk fuel sales. Motorcycle sales and service also has impacts similar to uses permitted outright in the zone. For instance, many other permitted uses in the CBD zone (i.e., all of the civic and commercial uses) require substantial areas of exterior paving for parking and display of vehicles and merchandise; most listed uses rely on and generate a substantial volume of consumer vehicular traffic; most operate for extended periods of time; most rely on signs to attract consumer attention. All of these factors make motorcycle sales and services similar in intensity and off-site impact to other uses permitted outright or conditionally in the CBD zone. e. Motorcycle sales and service will have impacts on community facilities (e.g., water, sewer, roads and drainage) similar to or less than other uses permitted in the CBD zone. A motorcycle shop generates relatively little demand for water services or sanitation services compared to many civic uses permitted in the zone, because those civic uses would draw substantially more users for longer periods of time and for more purposes. Based on the ITE Trip Generation Manual (5th Ed.), a motorcycle shop generates less traffic than many other uses permitted in the CBD zone. The paved area associated with a motorcycle shop is no greater than that associated with many other uses permitted in the zone, so that drainage impacts of the motorcycle shop also are not greater. 3. Having construed the CDC to allow a motorcycle shop as a conditional use in the CBD zone, the next issue is whether the motorcycle shop and related limited automobile sales proposed in this case complies with the standards for a conditional use permit. The 2 CDC 18.66.010 provides that the purpose of the CBD zone is "to provide for a concentrated, central commercial office, and retail area which also provides civic, high density residential and nixed uses." Hearings Officer Final Order CUP 98-0003 (Momentum Motorcycles) Page 4 • • Staff Report lists the applicable standards and provides responsive findings with which the hearings officer concurs with the following supplementary findings. a. The site shape and dimensions can accommodate the proposed use in a manner that complies with applicable standards. There is five times more on-site parking than required by the CDC, indicating the site is relatively large given the needs of a typical commercial use and the size of the building existing (or proposed) in this case. There is ample room for on-site storage and display of vehicles without intruding on required landscaping. Arguably the larger the use, the greater the potential for impacts that cannot be accommodated on-site. However the relatively small size of the building on the site limits the potential impact of the use. There is ample room on the site to eliminate parking in the west twenty feet of the site and to provide for a handicapped parking space and aisle. Conditions of approval are included in the Staff Report requiring such improvements. b. The characteristics of the site are suitable for the proposed use, largely because the use can be conducted in the existing building and using mostly existing improvements. Because the site has little topographic relief and is devoid of significant natural features, it is not constrained to accommodate them. The only issue in CDC 18.130.040.A.2 about which the hearings officer finds there is any legitimate basis for dispute is whether the location of the site is suitable. (1) To the east are apartments. Those apartments are largely buffered from activities on the site by a substantial expanse of pavement between the site and the apartments. This paved area is parking for the apartments. Therefore activities on the site associated with motorcycle or automobile sales and storage are not reasonably likely to disturb apartment residents to the east because of the large parking and vehicle storage areas that separate the site from those apartments. Also a chain link fence separates the site from the apartment complex, reducing the potential for activities on the site "spilling over" into the residential area. (2) To the north is a mixed residential development that includes townhouses and apartments. One of the townhouse/apartment buildings is situated very near the north edge of the motorcycle site, and the doors to the units in that building are elevated and open toward the motorcycle site. There is a roughly five-foot high board-on- board fence along the common boundary between the motorcycle site and the dwellings to the north. That fence provides some buffering, but it would not be sufficient to meet the buffering matrix in CDC 18.100.130 (Figure 17). It does not obstruct direct views of the site from the elevated entries and some windows in those units. The limited landscaping on the motorcycle site does not mitigate the potential impact of activities on the site particularly as it relates to the nearby residential units to the north. These characteristics of the site and its location warrant additional screening along the north edge of the site where storage of vehicles and solid waste occurs (i.e., east of the building). This additional screening also will help bring the site into compliance with minimum landscape standards.3 See below. A condition of approval is warranted to this effect. 3 Contrary to the Staff Report, the hearings officer finds no basis in the CDC for waiving screening and landscape requirements simply because the use has existed illegally for two years or because it is proposed where a commercial use once existed. The nonconforming use provisions in CDC 18.132 do not address nonconforming development of the nature in this case; they do not exempt the motorcycle shop from compliance with otherwise applicable regulations. The proposed motorcycle shop is treated as a new use, whether or not it has existed illegally in the past. As a new use, it is subject to the standards in effect on the date the application was filed. Applicable standards for a new use include compliance with screening and buffering requirements. Hearings Oricer Final Order CUP 98-0003 (Momentum Motorcycles) Page 5 0 • (3) South of McKenzie Street is a commercial complex with a relatively large paved parking lot. The owner of that complex testified that customers of the motorcycle shop regularly trespass on her property to gain access to the motorcycle shop; that they park in her lot; and that they engage in other behavior that is disruptive or disturbing. The hearings officer understands this witness believes the site is not a suitable location for the motorcycle use, because of the foregoing alleged impacts of the use on her property. The applicant disputed the allegations. (i) The hearings officer finds that the evidence conflicts. There is little "substantial" evidence to support either argument. That is, the owner of the commercial complex did not present any evidence to corroborate her testimony that the customers of the motorcycle shop do the acts of which she complains, and the owner of the motorcycle shop did not present any evidence to corroborate his testimony that her claims are false. In such circumstances, the hearings officer must choose who to believe. (ii) In this case the hearings officer chooses to believe the testimony of the applicant that the clients of the motorcycle shop have little reason to cut- through the parking lot of the commercial complex, because there is adequate direct access to the site from Pacific Highway and McKenzie Street. Also there is little reason for clients of the motorcycle shop to park on the site of the commercial complex, because there is ample parking on the site of the motorcycle shop and it is much closer to the shop than is the parking in the commercial complex. (iii) Lastly, although the hearings officer acknowledges that some clients of the motorcycle shop may engage in inappropriate behavior by accelerating too quickly or speeding, the hearings officer is persuaded by the applicant's testimony that the potential for such inappropriate behavior is minimized by policies and practices of the motorcycle shop. The hearings officer encourages the applicant to continue those policies and practices and to closely monitor and discipline employees and customers who abuse the good will of the neighborhood in which the shop is situated by engaging in inappropriate behavior on or near the site. Failure to do so may result in enforcement proceedings or revocation of the conditional use permit. (iv) Enforcement of zoning regulations and land use decisions in Tigard is complaint-driven. If neighbors observe activities at the site that violate the code or the letter or spirit of this decision, the hearings officer encourages those neighbors to seek appropriate enforcement actions by the City. c. There is no dispute to the findings in the Staff Report that adequate public facilities are available to serve the proposed conditional use. d. The proposed use does or can comply with applicable requirements of the CBD zone based on the relevant findings in the Staff Report and the following. (1) The building in which the use is proposed is situated less than 10 feet from the north property line. That is a nonconforming situation based on CDC 18.100.130. But the building location does not cause or contribute to off-site impacts. It buffers activities on the site from the residential uses to the north. The hearings officer finds the CDC does not require the applicant to relocate the building to comply with required buffers. Hearings Officer Final Order CUP 98-0003 (Momentum Motorcycles) Page 6 (2) The site contains less than 15% landscaping and is not suitably buffered or screened to the north.4 The hearings officer finds the site can better comply with required landscaping and screening by providing a minimum 10-foot wide landscape buffer across the north edge of the double-loaded parking bay on the site and enhancing the existing landscape area to the west where there is room for it.5 This will require removal of pavement along the north edge of the double-loaded parking bay at the northeast corner of the site. Fast-growing evergreen vegetation in that landscape strip and along the north edge of that portion of the existing landscape area more than 3 feet wide will --- over time --- reduce the incompatibility between the conditional use and adjoining housing. A condition of approval is warranted requiring such landscaping to be planned for, installed and maintained in a timely manner. (3) The CBD zone allows automotive sales as a conditional use. It does not limit the number of automobiles that can be sold per lot or per unit of land. The applicant originally proposed to have not more than three automobiles on sale on the site at any one time. After the hearing the applicant requested permission to store and sell up to five automobiles on the site. Given the lack of restriction in the CDC and the ample parking available on the site, the hearings officer finds the site can readily accommodate five automobiles for storage and sale without increasing the adverse impacts of the use. Therefore a condition of approval is warranted limiting the number of automobiles accordingly. Also, consistent with the applicant's oral representations, a condition of warranted is warranted prohibiting the applicant from undertaking substantial maintenance or repair of automobiles on the site. Minor vehicle maintenance should be permitted, such as filling, changing or rotating tires, changing oil or filters, and replacing small parts such as light bulbs or antennas. No body work, painting or other major repairs should be allowed. e. The Staff Report addresses signs and compliance with the applicable policies of the comprehensive plan. Those findings are not disputed. VI. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed motorcycle use is permitted in the CBD as a similar use if it complies with the standards for a conditional use permit. The hearings officer further concludes that the proposed motorcycle shop and limited automobile sales facility do or can comply with the applicable criteria and standards in the Tigard Community Development Code for a conditional use permit, 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 98-0003, is hereby approved, subject to the conditions in section II of the Staff Report, with the following amendments: 4 The site consists of tax lots 1701 and 1703. Altogether the site contains 17,860 square feet based on the tax assessment record in the file. Therefore at least 2679 square feet of landscaping is required to comply with the 15% requirement. There is now 1530 square feet of landscaping on the site based on page 4 of the drawings accompanying the application. Therefore the site requires an additional 1149 square feet of landscaping to comply with the 15% requirement. 5 A strip roughly 10 feet wide and 650 feet long will provide an additional 650 square feet of landscaping. Although less than the total required to comply with the 15% requirement, this new landscaping combined with improvements to the existing landscape area, is a proportionate enhancement of the landscaping and buffering on the site given the potential impacts of the use. Hearings Officer Final Order CUP 98-0403 (Momentum Motorcycles) Page 7 0 0 a. Condition of approval 3 is hereby added to read as follows: 3. The applicant may store and display for sale not more than five automobiles on the site at any one time. Automobiles for sale shall be stored and displayed only in the portion of the site east of the building. Storage or display of automobiles for sale is prohibited along the Pacific Highway frontage. Repair or maintenance of automobiles on the site is prohibited, except for minor vehicle maintenance, such as filling, changing or rotating tires, changing oil or filters, or replacing small parts such as light bulbs or antennas. Body work, painting or other major repairs are prohibited. b. Condition of approval 4 is hereby added to read as follows: 4. The applicant shall provide additional landscaping on the site as follows: (A) Within thirty calendar days after the effective date of this decision, the applicant shall submit to the City for review and approval a plan to landscape the north edge of the site. The plan shall show the following: (1) The applicant will remove pavement from at least the north 10 feet of the double-loaded parking bay in the northeast comer of the site and will prepare that strip for planting by adding soil and amendments as needed. (2) In the 10-foot wide strip required above and along the north edge of the site where the existing landscape strip exceeds a width of three feet, the applicant will plant evergreen shrubs that are at least five feet high at planting and are spaced not more than 15 feet apart. The species of vegetation planted shall be capable of achieving a mature height of at least eight feet. STAFF CONTACT: Mark J. Roberts. (B) Within thirty calendar days after the effective date of the City decision approving the landscape plan required above, the applicant shall install the approved landscaped materials; provided, if it is untimely to install the landscaping during this time due to seasonal factors, the applicant may post a bond or other financial guarantee satisfactory to the City Attorney to ensure their timely installation within six months. (C) The applicant shall maintain the vegetation. The applicant shall replace with equivalent species and size material any plant that does not survive. DATED,this 22nd dayjq?ftbruary, 1999. Lang 1 Tigard Hearings Officer Final Order CUP 98-0003 (Momentum Motorcycles) Page 8 E "EXHIBIT A" -- PARTIES OF RECORD 0 (Written Public Testimony received at the hearing) JIM GRIFFITH PASSOCIATES, INC. LAND/BUILDING USE STRATEGIES 1820 S.W. VERMONT STREET SUITE K PORTLAND, OREGON 97219 503 293-0805 FAX 293-2216 9 February 1999 Mr. Larry Epstein, Attorney at Law Hearings Officer City of Tigard 13125 S. W. Hall Boulevard Tigard, Oregon 97223 Attn: Mr. Mark Roberts, Senior Planner. Please Forward. Re: Conditional Use Permit, (CUP) 98-003 Mr. Epstein, As I stated at the hearing last evening, my client is prepared to meet the ODOT and ADA requirements as conditions of development contained in the Staff Report and we will bring the landscaping into conformance with the 15% requirement. We appreciate your concerns related to the number of automobiles allowed on site in conjunction with this conditional use and would only ask that you allow a maximum number of five (5) automobiles on site at any one time. Please note that there are more than twenty (20) existing parking spaces on site now. Perhaps five (5) will be used by customers at the motorcycle shop and three (3) will be used for employee parking thus leaving twelve (12) spaces open. If five (5) spaces were used for second-hand automobiles we would still have eight (8) "empties". As was stated in testimony before you, no automobile repairs will be made on site, no vehicles will be visible from the highway and very limited on site advertising will be used. These owner initiated restrictions will almost guarantee that limited auto sales will take place on the site. Thank you for your consideration of this request. Yours ly, ldie ard, Senior Planner 9 0 "EXHIBIT B" -- TAPED PR CEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. 0 0 "EXHIBIT C" -- WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence fled with Hearings Officer prior to Public Hearing.) 0 0 Agenda Item: 2.2 Hearing Date: February 8 ,1999 Time: 7:0013M STAFF REPORT TO THE - E HEARING'S OFFICER CITY OF TIGARD! Community ,Development FOR THE CITY OF TIGARD, OREGON S"pingA Better Community 120 DAYS = 4/22199 SECTION I. APPLICATION SUMMARY MOMENTUM MOTORCYCLES CASE: Conditional Use Permit (CUP) 98-0003 APPLICANT: Momentum Motorcycles, Inc. OWNER: James & Elizabeth Woodley Attention: Jon Burtness 5150 NW Valley Court 12700 SW Pacific Highway Camas, WA 98607 Tigard, OR 97223 PROPOSAL: The applicant has requested Conditional Use Permit approval for a change of use to motorcycle and limited automobile sales. LOCATION: 12700 SW Pacific Highway; WCTM 2S102AC, Tax Lot 01701. COMPREHENSIVE PLAN DESIGNATION: Central Business District. ZONING DESIGNATION: Central Business District; CBD. The CBD zoning district conditionally permits the sale of light automotive equipment subject to approval of a Conditional Use Permit. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters in effect prior to the 11/26/98 adoption date of the revised Community Development Code: 18.32, 18.66, 18.100, 18.102, 18.106, 18.108, 18.120 and 18.130. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: 218199 HEARING'S OFFICER PUBLIC HEARING CUP 98-0003 -MOMENTUM MOTORCYCLES PAGE 1 OF 7 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL SITE INSPECTION: (Unless otherwise noted, the staff contact shall be MARK ROBERTS, Planning Department 503-639-4171.) 1. The applicant shall comply with the ODOT requirements regarding access to the site and placement of parking described under Section VI of this report. A revised site plan shall be submitted indicating final site design. 2. The ADA accessible parking space shall be sized and designated in accordance with ORS 487. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL.WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS DECISION SHALL RENDER THIS DECISION VOID. SECTION III. BACKGROUND INFORMATION Site History: The subject property is located on SW Pacific Highway, west of SW Main Street and adjacent to the Main Street Village Apartments property. The site is currently developed with a single-story commercial building which was previously used as a real estate office and is now used for motorcycle sales. The motorcycle sales use was established on the site in March 1997 and the applicant subsequently applied for a Conditional Use Permit in 1998 as required by Code Compliance. Vicinity Information: The site abuts the Main Street Village, a 15-acre apartment development, to the northeast. The site is surrounded by property zoned CBD. Other nearby property in the vicinity of SW Pacific Highway are zoned General Commercial. The zoning transitions to high-density and medium-density residential and then to low-density residential with distance from the highway. The site is located adjacent to another commercial building containing offices and a hair salon. The two buildings share an access from SW Pacific Highway. Site Information and Proposal Description: The site is already developed with a building, parking area, landscaping etc. The motorcycle sales use has been ongoing since March 1997. The Conditional Use Permit is requested by the applicant to legitimize the existing use. In addition, the applicant seeks approval to expand the use to include limited sales of automobiles. The proposal would allow the applicant to take automobiles in trade against motorcycle sales and then to sell them directly from the premises. The applicant has stated that the anticipated number of cars that would be located on-site at any one time would not exceed 3. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 2/8199 HEARING's OFFICER PUBLIC HEARING CUP 9M003 -MOMENTUM MOTORCYCLES PAGE 2 OF 7 • COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE PECTIONS: This application was submitted on June 23, 1998, before the 11/26/98 effective date of the revised Tigard Community Development Code. Therefore, pursuant to ORS 227.178(3), the proposal has been reviewed for compliance with the applicable code standards in effect at the time of submittal. The proposal under consideration is a change of use. The proposed use is a conditional use, whereas the previous office use was permitted outright. The approval standards of Chapter 18.130 are therefore, the governing standards and are addressed immediately after the standards of the underlying CBD zoning district. Chapter 18.66 Central Business District (CBD) Zone Use Classification: The applicant requests Conditional Use approval for a motorcycle and limited used automobile sales operation. This use is classified in Code Section 18.42 (Use Classifications) as "Automotive and Equipment: Sales/Rentals, Light Equipment". Code Section 18.66.040.A.2 lists light automotive sales as a Conditional Use in the CBD Zoning District. Dimensional Requirements: Section 18.66.050 provides the dimensional standards of the CBD zone. The CBD zoning district has no minimum lot area requirements, no minimum lot width requirements and no setback requirements except that a 30-foot setback is required where a commercial use abuts a residential zoning district. Since the site is surrounded by property within the CBD zoning district, the 30-foot setback requirement does not apply. The Additional Setback standards of Chapter 18.96 and the Buffering standards of Section 18.100.130 also apply and are considered later in this report. The dimensional standards of this Section require a maximum building height of 80 feet and the existing structure is approximately 24 feet high. This section requires that the maximum site coverage in impervious surfaces shall be 85%, with 15% landscaping provided. The applicant's site plan indicates that only 11 % of the site area is currently landscaped. However, since the non-conforming condition is pre-existing and since the change of use will not increase the degree of non-conformity, the applicant is not required to bring the site up to standard. Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use; The space needs of the proposed use include retail floor space for display, sales, storage, office space, etc. and exterior space for off-street parking, circulation and access. The retail floor space is provided within the existing structure although some motorcycles are placed on display in front of the building on the Pacific Highway frontage. The fact that the motorcycle sales use has been in operation for almost two years indicates that the size of the space is adequate for the use. The proposed automobile sales aspect of the use would presumably also occupy exterior display space although the applicant has not identified any specific areas where this would occur. Section 18.106.030.C.7.g requires minimum off- street parking of 1 space per 1,000 square feet of gross floor area, but not less than 4 spaces per establishment. The site plan indicates that 21 parking spaces are provided, in excess of the minimum requirement. The site dimensions therefore are adequate for provision of off-street parking associated with the use and provide additional space for display and storage of used cars as proposed. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. As discussed above, the size of the property is adequate for the proposed use. The shape and location of the property gives the site 30 feet of frontage on Pacific Highway, an established State highway and local arterial route lined with commercial land uses. The site is flat and is fully developed. There are no natural features. 2!8199 HEARING's OFFICER PUBLIC HEARING CUP 98-0003 -MOMENTUM MOTORCYCLES PAGE 3 OF 7 • , All required public facilities have adequate capacity to serve the proposal. The site is fully developed and is located adjacent to SW Pacific Highway. The site has existing water, sanitary and storm sewer. The proposed automotive sales use is unlikely to be more intensive in terms of these public facilities than the previous real estate office use. Storm water runoff will not increase as a result of this proposal since no additional hard surface area is proposed. Southwest Pacific Highway is fully improved. The site will, therefore, continue to be adequately served by existing public facilities. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable requirements of the CBD zoning district are addressed earlier in this report. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. The applicable standards of Chapter 18.114 and Section 18.120.180 are discussed later in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. Standard Dimensional Requirements for Automobile Sales uses: Section 18.130.150.5.a.(i) requires landscaping and screening in five feet of the perimeter setback. As noted earlier, the CBD zone does not require a perimeter setback. However, Section 18.130.040.C.3 gives the Hearings Officer authority to impose additional setback areas as a condition of a Conditional Use. It is Staff's opinion that the proposed use will have less visual impact than a typical automotive sales use since the motorcycle sales area is mostly indoors and since the used car sales will be limited to just a few cars. Staff, therefore, believes that landscaping and screening around the entire perimeter is not necessary but that landscaping and screening is appropriate along the site's northeast boundary where the commercial use abuts a residential use - the Main Street Village apartments. The applicant's site plan indicates that landscaping in the form of grass sod is provided along the northeast property line. Although the landscaped area is only about 3 feet wide between the building and the fence, this condition is dictated by the existing position of the building over which the applicant has no control. The applicant's narrative indicates that a sight-obscuring fence also exists along this property line providing the screening required by this section. Staff recommends that the Hearings Officer find that the existing landscaping and screening satisfies this criterion. Chapter 8.120 - Site Qpyelopment Review: As noted under approval criterion #5, the applicable standards of 18.120.180 also apply as approval standards of a conditional use. Staff finds that the proposal contains no elements related to the following Chapters referenced under 18.120.180 or is expressly exempted from the provisions of those Chapters and that they are, therefore, inapplicable as approval standards: 18.120.180.A.1(a) Sensitive Lands; (b) Manufactured Homes; (c) Density Computation; (d) Accessory Use and Structures; (e) Additional Yard Area Requirements; (f) Building Height Limitations; .(g) Landscaping and Screening; (h) Visual Clearance Areas; (i) Off-Street Parking; 0) Access, Egress and Circulation; (1) Tree Removal; (m) Street and Utility Improvement Standards. The provisions of subsection (k) Chapter 18.114, Signs, are applicable, as previously noted and are addressed elsewhere in this report. The following are the specific Site Development Review approval criteria: 18.120.180.A.2, Relationship to the Natural and Physical Environment. This section is not applicable because the site is already developed and contains no natural features. 218199 HEARING's OFFICER PUBLIC HEARING CUP 98-0003 -MOMENTUM MOTORCYCLES PAGE 4 OF 7 s 18.120.180.A.3, Exterior Elevations. This therefore, not applicable to this commercial 41- section refers to residential structures and is, use. 18.120.180.A.4, Buffering, Screening and Compatibility between Adjoining Uses. This section requires that buffering and screening be provided between different types of land uses. The change of use proposed is from one type of commercial use to another. The commercial use of the existing building pre-dates the development of the adjacent property to residential use and no new structure is proposed. Therefore, this criterion does not apply. 18.120.180.A.5, Privacy and Noise. Subsections a. through c. of this section refer to residential development and new construction and, therefore, do not apply. Subsection d. requires that uses that create noise, lights or glare be buffered from adjoining residential uses. Since the proposed use is not a repair or body shop, staff finds no reason to believe that the proposed use will create more noise than any other retail use with associated parking. Furthermore, the site's location adjacent to Pacific Highway is in an area of significant background noise. Staff recommends the Hearings Officer find that the proposed use will not generate noticeable additional noise. 18.120.180.A.6, Private Outdoor Area; 18.120.180.7.A.7, Shared Outdoor Recreation Areas. These standards are not applicable as they deal exclusively with residential uses. 18.120.180.A.8, Development in the Floodplain. This standard does not apply because, according to the FEMA floodplains map, the subject property is not located within the 100-year floodplain. 18.120.180.A.9, Demarcation of Public, Semi-Public and Private Spaces: Crime Prevention and 18.120.180.A.10, Crime Prevention. These sections do not apply because the design of site improvements and the structure on the property are pre- existing and not affected by the proposed change of use. 18.120.180.A.11, Access and Circulation, 18.120.180.A.12, Public Transit and 18.120.180.A.13, Parking. These sections do not apply because the site is already developed and the proposed change of use does not require additional parking (the previous office use required 1 space per 200 square feet and the proposed automotive sales use requires 1 space per 1,000 square feet) or any change to the access and circulation design. 18.120.180.A.14, Landscaping. This section requires that a minimum of 15% of the gross site area be landscaped. This standard is addressed earlier under the Dimensional Standards of the CBD zoning district. 18.120.180.A.15, Drainage. The storm water drainage system for the site is already in place and no additions or modifications to the hard surface area are proposed. Therefore, this criterion does not apply. 18.120.180.A.16, Provision for the Handicapped. The use is required to provide less than 25 parking spaces and is, therefore, also required to provide 1 ADA accessible parking space. This one space must be van accessible and must be sized and designated as required by ORS Chapter 487. As noted below, ODOT has expressed concern over the location and orientation of the accessible parking space indicated on the site plan. ODOT recommends the site plan be redesigned so that there are no parking spaces within 20 feet of the access to SW Pacific Highway. The condition of approval requires that a revised site plan be submitted that demonstrates compliance with ODOT requirements and that the van accessible parking space be sized and installed as required by ORS 487. 18.120.180.A.17, Signs. Compliance with the Sign regulations of the Community Development Code is addressed below. 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP W0003 -MOMENTUM MOTORCYCLES PAGE 5 OF 7 0 0 18.120.180.A.18. This subsection requires that the proposal comply with all of the regulations of the underlying zone. The CBD zoning district standards are addressed earlier in this report. Chapter 18.114. Signs: This chapter regulates the allowable signs associated with the proposed conditional use. Section 18.114.130.C.1 sets out the specific area limits for allowable sign-types within the CBD zoning district. The applicant has not indicated the size and location of any existing on-site sign or proposed any new sign as part of this application. If the conditional use is approved, the applicant must apply for and obtain any required sign permit from the City's Development Services staff. SECTION V. OTHER STAFF COMMENTS The Building Division has reviewed this request and provided the following comment: • If inspection of use finds use of flame or flammable liquids used in the process of auto- repair within the shop, the use becomes an H-Y occupancy and restrictions will be enforced by Tualatin Valley Fire and Rescue and the City Building Division. The Engineering Department and Police Department have reviewed this request and provided no comments or objections. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed the proposal and provided the following comment: • The applicant is required to fill out an Agency Sewer Use Information Card. Please contact the Source Control Division at 844-8931. The Oregon Department of Transportation (ODOT) has reviewed the proposal and provided the following comments: • The access to the property will be from the existing access. The access will be restricted to an entrance only. The applicant is required to obtain an access permit from ODOT and design the access to accommodate this restriction. ODOT is concerned that the location of the handicap parking space is too close to the access point and may cause conflicts at the access location. The site plan should be redesigned such that there are no parking spaces within 20 feet of the access. • ODOT permits are required for access and all work in the State right-of-way. Contact Sam Hunaidi, District 2A Engineering Coordinator, at 229-5002 for applications and information. 218199 HEARING'S OFFICER PUBLIC HEARING CUP 96-0003 -MOMENTUM MOTORCYCLES PAGE 6 OF 7 s • STAFF RESPONSE: The above ODOT requirements will be met through conditions of approval. Staff has studied the site plan and finds that removal of parking spaces within 20 feet of the access will not reduce the level of parking provided below that required by Chapter 18.106. No further comments or objections have been received. PREPARED BY: Mark J. Roberts Associate Planner (:', APPROVED BY: Richard Bewer Planning Manager i:\cu rp I nlmj rlcu plcu p98-03. rpt February 1 1999 DATE February 1. 1999 DATE 2/8/99 HEARING'S OFFICER PUBLIC HEARING CUP 9M003 -MOMENTUM MOTORCYCLES PAGE 7 OF 7