Hearings Officer Packet - 04/25/1994•
CITY OF TIGARD
HEARINGS OFFICER
APRIL 25, 1994
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
•
2.1 CONDITIONAL USE CUP 94-0001 HUGHES/HAGEL LOCATION: 7035 SW
Hampton Street (WCTM 2S1 1 AC, tax lot 1100). A request for Conditional Use
approval to allow a change of use from an existing office building to a Construction
Contractor's Professional Office. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18-64,18-100,18-102,18.106, 18.108, 18.130, and
18.164. ZONE: C-P (Professional Commercial) The C-P zoning designation
allows public agency administrative services, public support facilities, business
equipment sales and services, business support services, financial, insurance, and
real estate services, temporary uses, and construction contractor's professional
offices among other uses.
2.2 SUBDIVISION SUB 94-0001 GREENSWARD/DALE LOCATION: SW
Greensward Lane (WCTM 2S1 IAA, tax lot 1200) The property is located at the
end of SW Greensward Lane west of SW Hall Boulevard, south of McDonald
Street. A 25 lot subdivision with parcels ranging in size from 7,500 to 27,300
square feet. The site is approximately 6.9 acres in size. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters,1 8.50,18.88,18.92, 18.100,
18.102,18.106,18.108,18.150,18.160, 18.162, and 18.164; Comprehensive Plan
Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. ZONE: R-4.5
(Residential, 4.5 units/acre) The purpose of the residential R-4.5 zoning distrct is
to provide for standard urban low density residential home sites.
3. OTHER BUSINESS
4. ADJOURNMENT
1
COMMUNITY NEWSPAPERS, INC.
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON. OREGON 97075
•City of Tigard
13125 SW Hall Blvd.
•Tigard,Oregon 97223
Legal nVete Advertising
~G~ ~1l
~0-1'Ok 1 13 Tearsheet Notice
~o, 6 pb
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Legal
Notice TT 7863
Duplicate Affidavit 1.
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, Kathy Snyder
being first duly sworn, depose and sa that I am the Advertising
Director, or his principal clerk, of the ~igard-Tualatin Time
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
D le
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:
April 14,1994
Subscribed and sworn t efore me thi 4th day of April,
Gv~ Y
Nota ublic for Oregon
My Commission Expires:
AFFIDAVIT
The following will be considered by the Tigard Hearings Officer on Mon-
day, ARril 25. 1994, at 7:00 P.M., at Tigard Civic Center - Town Hall,
13125 S.W. Hall Boulevard, Tigard, Oregon. Both public oral and written
testimony is invited. The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
Code, and rules and procedures of the Hearings Officer. Failure to raise an
issue in person or by letter precludes an appeal, and failure to specify the
criterion from the Community Development Code or Comprehensive Plan
at which a comment is directed precludes an appeal based on that
criterion. Further information may be obtained from the Planning Division
at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling 639.4171.
PUBLIC HEARINGS
DIVISION SUB 94-0001 GREENSWARDIDALE
LOCATION; S.W. Greensward Lane (WCTM 2S1 IAA, tax lot 1200).
The property is located at the end of S.W. Greensward Lane west of S.W.
Hall Boulevard, south of McDonald Street. A 25 lot subdivision with par-
cels ranging in size from 7,500 to 27,300 square feet. The site is ap-
proximately 6.9 acres in size. APPLICABLE REVIEW CRITERIA: Com-
munity Development Code Chapters 18.50, 18.88, 18.92, 18.100, 18.102,
18.106, 18.108, 18.150, 18.160, 18.162, and 18.164; Comprehensive Plan
Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8. L1, and 8.1.3. ZONE:
R-4.5 (Residential, 4.5 units/acre). The purpose of the residential R-4.5
zoning district is to provide for standard urban low density residential
home sites.
CONDITIONAL USE CUP 94-0001 HUGHESIHAGEL
LOCATION: 7035 S.W. Hampton Street (WCTM 2S1 IAC, tax lot
1100). A request for Conditional Use approval to allow a change of use
from an existing office building to a construction Contractor's Profes-
sional Office. APPLICABLE REVIEW CRITERIA: Community develop-
ment Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.130, and
18.164. ZONE: C-P (Professional Commercial). The C-P zoning designa-
tion allows public agency administrative services, public support facilities,
business equipment sales and services, business support services, finan-
cial, insurance, and real estate services, temporary uses, and construction
contractor's professional offices among other uses.
TT7863 - Publish April 14, 1994.
T ARD HEARINGS OFF0ER
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND
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0 9
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding of an application by Hughes Construction, Inc. ) F I N A L O R D E R
for a conditional use permit for a construction contractor's )
professional office in the C-P zone at 7035 SW Hampton )
Street in the City of Tigard, Oregon ) CUP 94-0001
1. FINDINGS
1. The hearings officer hereby adopts and incorporates herein the findings of the
Tigard Community Development Department Staff Report in this matter (the "Staff
Report"), including the summary, findings about the site and surroundings, applicable
approval standards, NPO and agency comments, and evaluation of the request, except to
the extent expressly provided otherwise herein.
2. The hearings officer conducted a duly notice public hearing regarding the
application on April 28, 1994, and held open the public record for seven days after the
hearing. The following selected, relevant testimony was offered:
a. Planner Victor Adonri summarized the Staff Report for the City.
b. Tim Roth and Steve Kolberg testified against condition of approval 1,
which requires the applicant to dedicate a 25-foot right of way for SW 70th Avenue. Each
of these witnesses owns land east of the site. They do not want SW 70th Avenue
developed. If it is not developed, then, they reason they could regain the 30-foot half-
width right of way that was dedicated from their properties for SW 70th Avenue and has
not already been vacated. If it is developed, they argue the applicant should be required to
dedicate a 25-foot half-width right of way. If that occurs, then they believe the east 5 feet
of the existing right of way can be vacated, because the total right of way width will be 55
feet (or 5 feet more than required for a local street).
c. Attorney Phil Grillo testified for the applicant. He accepted the Staff
Report and recommended conditions of approval with three corrections, one request for
modification, and one major objection. The corrections include the following:
(1) Each of the lots east and north of the site is developed with a
single family dwelling. They are not fully developed. This corrects finding ME on page 2
of the Staff Report.
(a) The hearings officer accepts and incorporates the offered
correction by reference, based on the lack of rebuttal and observations by the hearings
officer during his site visit.
(2) Comprehensive plan policy 8.1.3, which is reprinted at page 6
of the Staff Report, should be read in conjunction with section 18.164 of the City Code.
(a) The hearings officer finds that the foregoing is not a
correction and does not accurately reflect the law. The Staff Report accurately states the
comprehensive plan policy. The policy does not address City Code section 18.164. If
both the comprehensive plan policy and section 18.164 are applicable approval criteria,
each stands on its own. To the extent the two conflict, it may be necessary to decide which
controls. To the extent the two do not conflict, each should be given the meaning evident
from the words they use.
Page 1 ---Hearings Orcer Final Order
CUP 94-0001 (Hughes Construction Co.)
0 0
(3) In the fifth paragraph on page 7 of the Staff Report is the
statement that "overhead utility lines should be placed underground." This statement is not
reflected in a proposed condition of approval, but it is consistent on its face with City Code
section 18.164.120.1
(a) Mr. Grillo noted that utilities on the site and in the
vicinity are now above-ground, and that it would be inefficient and incongruous to require
the applicant to underground utilities abutting his property under the circumstances.2
(b) The hearings officer finds that Mr. Grillo's observation
that utilities on the site and in the vicinity are now above-ground is correct, based on the
lack of rebuttal and observations by the hearings officer during his site visit. The hearings
officer modifies the statement regarding utilities quoted above to recognize that a fee in lieu
of undergrounding may be paid by the applicant to comply with section 18.164.120.
1 The complete text of section 18.164.120 is as follows:
A. Underground utilities:
1. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed underground,
except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may
be placed above ground, temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above and:
a. The subdivider shall make all necessary arrangements with the serving utility
to provide the underground services;
b. The City reserves the right to approve location of all surface mounted
facilities;
c. All underground utilities, including sanitary sewers and storm drains installed
in streets by the subdivider, shall be constructed prior to the surfacing of the streets; and
d. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
B. Information on development plans:
1. The applicant for a subdivision shall show on the development plan or in the
explanatory information, easements for all underground utility facilities, and:
a. Plans showing the location of all underground facilities as described herein
shall be submitted to the City Engineer for review and approval; and
b. Care shall be taken in all cases to ensure that above ground equipment does
not obstruct vision clearance areas for vehicular traffic.
2 The hearings officer notes that, at pages 7-8 of the application narrative, the applicant agrees "to pay
$27.50 per foot of street frontage in lieu of undergrounding utilities" to comply with Chapter 18.164. The
city engineer adopted a policy dated March 11, 1992 in which he construed section 18.164.120 to apply to
all development and not just to subdivisions. Although the hearings officer believes it is not clear that
section 18.164.120 applies to development other than subdivisions, the hearings officer understands the
applicant to be willing to pay the fee in lieu of undergrounding the line. Therefore the issue is moot.
Page 2 Hearings Officer Final Order
CUP 94-0001 (Hughes Construction Co.)
0 0
d. Mr. Grillo also requested that proposed condition of approval 4.b be
amended to allow the applicant to apply for an adjustment or variance to the requirement
that the driveway to the site have a minimum width of 30 feet. The hearings officer finds
that such a modification is consistent with the procedure for adjustments and variances in
the code. Condition of approval 4.b should be modified accordingly.
e. Most of the testimony offered by Mr. Grillo concerned recommended
conditions of approval 1 through 3, which require the applicant to dedicate a 25-foot half-
width right of way for SW 70th Avenue,3 to waive remonstrances against future
improvement of that street by the city, and to submit a plan showing how parking and
required setbacks can be provided when the city improves SW 70th Avenue.
(1) He argued the conditions of approval apply only to TL 2000,
because the applicant would have to dedicate TL 2000 to comply with condition of approval
1. TL 2000 is the SW 70th Avenue right of way that the city vacated in 1985. Mr. Grillo
argued the CUP applies only to TL 1100, because that is where the use will be conducted.
He argued the city cannot require dedication of TL 2000 for SW 70th Avenue, because TL
1100 does not abut the existing SW 70th Avenue right of way and TL 2000 is not part of
the site of the application. He also argued that requiring dedication of TL 2000 would
amount to a total taking of that lot for which the applicant should be compensated.
(a) Mr. Adonri pointed out that TL 2000 is a nonconforming
lot. Section 18.132.040.A.4 requires that a lot that is nonconforming due to its size shall
be aggregated with an adjoining lot under the same ownership.
(b) The hearings officer agrees. TL 1100 and 2000 are one
lot of record for purposes of the application under review, based on section
18.132.040.A.4. Moreover, the application expressly includes both TL 1100 and 2000.
Therefore, the hearings officer finds the site abuts the existing half-width right of way for
SW 70th Avenue.
(c) Because both tax lots are part of one lot of record, the
hearings officer finds that Mr. Grillo's argument about a total taking of TL 2000 is
inaccurate. The city proposes to require dedication of a portion of the lot of record. The
hearings officer finds the remainder of the lot of record can be used for an economically
viable purpose, based on its existing improvements and intended use by the applicant.
(2) Mr. Grillo argued that the requested dedication was
inappropriate, because the city was requesting dedication of an arterial street right of way,
and SW 70th Avenue is not identified as such on the city arterial plan.
(a) Mr. Adonri clarified that the city is requesting a
dedication for a local street only. That is, a 30-foot half-width right of way exists east of
the site. The city is proposing that the applicant dedicate a 25-foot area for the west half of
the right of way. If that occurs, the city could vacate the east 5 feet of the existing 30-foot
half-width right of way, because it is wider than required for a half-width right of way for a
local street.4
3 After the hearing but before the close of the record, the city modified condition of approval 1 to require
the applicant to dedicate only a 20-foot half-width right of way instead of a 25-foot half-width.
4 If the applicant dedicates a 20-foot right of way to achieve a total 50-foot right of way, as recommended
by staff after the hearing, the easterly 5 feet of the existing 30-foot half-width cannot be vacated.
Page 3 Hearings Officer Final Order
CUP 94-0001 (Hughes Construction Co.)
•
•
(b) The hearings officer finds the city is requesting
dedication of right of way for a local street, not an arterial or collector.
(c) In his May 2 memorandum, Mr. Grillo made a similar
argument that, when the city council vacated the west half-width of SW 70th Avenue in
1985, its intent was to convert SW 70th Avenue from a local street to a commercial alley.
Because a commercial alley is permitted in a 20-foot right of way, he argues no additional
dedication is needed. Also, in his oral testimony and May 2 memorandum, Mr. Grillo
argued the city council expressed its intent in 1985 to vacate SW 70th Avenue, and that the
recommended condition of approval is contrary to that intent.
(i) The hearings officer finds no evidence of the city
council's intent in the record in this matter. The record does not contain substantial
evidence about why the city council vacated the west half-width right of way of SW 70th
Avenue abutting the site. The fact that the city vacated only half the right of way in 1985
and did not vacate the remaining 30-foot half-width raises a substantial doubt about their
intention to vacate the street altogether. The east 30 feet of the right of way continues to be
dedicated as such. Why would the city vacate one-half of the right of way, but not the
other half if it intended to vacate the street? Who knows. The hearings officer declines Mr.
Grillo's invitation to speculate about the city council's intent in 1985.
(ii) The hearings officer finds that the city council's
intent in 1985, even if clearly expressed and in the record, is not binding on the city now.
Circumstances change. If necessary to comply with the city code under the facts of the
case, the city can require dedication of the SW 70th Avenue right of way even though it
was partially vacated only nine years ago.
section 18.164.030.D.1.b provides:
(iii) Regarding street location, width and grade,
Where the location of a street is not shown in an approved
street plan, the arrangement of streets in a development shall
either:
Provide for the continuation or appropriate projection of
existing streets in the surrounding areas, or
Conform to a plan adopted by the Council....
(iv) Based on section 18.164.030.D. Lb and E, the
hearings officer finds that, if chapter 18.164 applies, the city can require the dedication of
the SW 70th Avenue half-width, because it continues an existing street, (i.e., it provides
the west half of SW 70th Avenue), and there is no street plan adopted by the city council.
(3) Mr. Grillo argued a local street can be built within the existing
30-foot half-width right of way; therefore, the additional right of way is not required.
(a) The hearings officer finds that this argument has no
merit. Based on section 18.164.030.E. La, the minimum right of way width for a local
street is 50 feet. The city code does not authorize the hearings officer to reduce that width
even if the requisite improvement can be made in a lesser, available right of way.
Moreover, section 18.164.030.E.1.a requires a minimum paved width of 34 feet for a
local street. Other sections require curb and sidewalk on both sides, bringing the total
minimum width required for the improvements to about 45 feet.
Page 4 Hearings Officer Final Order
CUP 94-0001 (Hughes Construction Co.)
0 0
(4) Mr. Grillo argued orally and in a May 2 memorandum that the
city cannot require the dedication, because the application will not result in any change to
the site except the change of use of the existing improvements on the site. The application
creates no impacts that are rationally related to the dedication requirement. Therefore,
dedication cannot be required, based on commonly accepted constitutional principles
governing the use of the city's police power authority.
(a) The hearings officer agrees with this argument. The
hearings officer reasons that the City Code respects this principle by distinguishing
between minor and major modifications to existing development. A minor development is
one in which potential impacts are not reasonably likely or are too insignificant to be subject
to compliance with all standards that might otherwise apply, such as street dedications or
improvements, in the absence of some compelling purpose. The hearings officer finds that
the recommendation in the Tigard Triangle Specific Plan Area that SW 70th Avenue
become a minor collector street is not a sufficiently compelling reason to require the
dedication by itself, because it is a recommendation only and has not been adopted as a land
use plan or regulation by the city council.
(b) The city can require dedication of the right of way if
consistent with the applicable standards and criteria under the city code. Section
18.130.040 contains the approval criteria for a conditional use permit. Section
18.130.040.A.5 contains the following approval criterion for a conditional use permit:
The supplementary requirements set forth in Chapter
18.114, Signs, and Section 18.120.180, Approval
Standards, f applicable, are met (emphasis added)
(c) The hearings officer finds the cited section is
ambiguous, because of the underlined words. The question is whether section 18.120.180
always applies, as assumed by city staff.
(d) The hearings officer finds that section 18.120.180 does
not always apply, based on the plain meaning of the qualifying words in that section. To
decide whether section 18.120.180 applies in this case, the hearings officer turns to section
18.120.070 and .080, which define when section 18.120.180 applies. That is, section
18.120.070 describes when a proposed development is a major modification of existing
development. If it is not a major modification, then section 18.120.080 says it is a minor
modification. If it is a minor modification, then section 18.120.180 does not apply.5
5 Section 18.120.020.A provides site development review does not apply to a minor modification of
existing development. Section 18.120.080 says a minor modification is one that is not a major
modification. Section 18.120.070.B contains the following list of development that constitutes a major
modification:
1. An increase in dwelling unit density or lot coverage for residential development;
2. A change in the ratio or number of different types of dwelling units;
3. A change that requires additional on-street parking in accordance with Chapter 18.105;
4. A change in the type of commercial or industrial structures as defined by the Uniform Building
Code;
Page S Hearings Officer Final Order
CUP 94-4001 (Hughes Construction Co.)
0 0
(e) The hearings officer finds that the proposed conditional
use is a minor modification, because it does not involve a residential use, it does not
increase requirements for on-site parking, it does not change the classification of the
structure under the UBC, it does not increase the height or area of the existing building, it
is not expected to increase vehicle trips by more than 20 ADT, it does not involve a
reduction in open space or project amenities, and it does not change any conditions of prior
site plan approval. Therefore, section 18.120.180 does not apply and chapter 18.164 does
not apply. The hearings officer finds conditions 1 through 3 and findings in support
thereof in the Staff Report are inappropriate, because chapter 18.164 is not applicable. The
hearings officer finds those conditions and related findings should be deleted.
(f) When the applicant or his successor(s) in interest
undertake a major modification on the site, compliance with chapter 18.164 can be required
as a condition of approval of site plan review pursuant to section 18.120.180. It is
untimely to require that compliance at this time, because the conditional use is a minor
modification of existing development. Approval of the conditional use permit without the
dedication, waiver and parking plan does not violate the City Code.
II. CONCLUSION
1. Based on the above findings, the hearings officer finds the applicant's request
should be approved, subject to conditions of approval necessary to assure the development
complies with applicable standards as recommended in the Staff Report except as modified
herein.
2. The hearings officer concludes that the proposed conditional use permit amounts
to a minor modification of existing development; therefore, it is not subject to section
18.120.180, and it is untimely to require the applicant to dedicate right of way for SW 70th
Avenue in the absence of a compelling reason. No such reason exists. There will be ample
opportunity to acquire and require the applicant to improve the SW 70th Avenue abutting
the site when the site is further developed.
5. An increase in the height of the building(s) by more than 20 percent;
6. A change in the type and location of accessways and parking areas where off-site traffic would
be affected;
7. An increase in vehicular traffic to and from the site and the increase can be expected to be
exceed 20 vehicles per day;
8. An increase in the floor area proposed for nonresidential, use by more than 10 percent excluding
expansions under 5,000 square feet;
9. A reduction in the area reserved for common open space.-
10, A reduction of project amenities
11. A modification to conditions imposed at the time of site development review approval
Page 6 Hearings Officer Final Order
CUP 94-0001 (Hughes Construction Co.)
•
•
III. ORDER
The hearings officer hereby approves the applicant's requests, CUP 94-0001,
subject to the conditions in Section VI of the Staff Report in this matter, with the following
amendments:
1. Recommended conditions of approval 1 through 3 are hereby deleted.
2. Recommended condition of approval 4.b is hereby amended to read as follows:
Provision of a minimum access width of 30 feet, and a pavement
width of 24 feet, except as otherwise permitted by law.
ATE this 016thof MaV 1994.
Larry Eps nCity of Ti ar s Officer
Page 7 Hearings Officer Final Order
CUP 94-0001 (Hughes Construction Co.)
•
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AGENDA ITEM 2.1
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by the Joseph Hughes STAFF REPORT
Construction, Inc. to allow a change of use CUP 940001
from an existing Professional office building to
a Construction Contractor's Professional Office.
1. SUMMARY OF THE REQUEST
CASE: Conditional Use Permit CUP 94-0001
SUMMARY: The applicant requests Conditional Use approval to allow a change in use
from an existing Professional office building to a Construction Contractor's
Professional Office.
APPLICANT: Joseph Hughes Construction, Inc. OWNER: Charles Hagel
319 SW Washington, #920 23112 S.Blano
Tigard, OR 97223 West Linn, OR 97068
COMPREHENSIVE PLAN DESIGNATION: Professional Commercial
ZONING DESIGNATION. C-P (Professional Commercial)
LOCATION: 7035 SW Hampton Street (WCTM 2S1 1AC, Tax Lot 1100)
APPLICABLE LAW: Community Development Code Chapters 18.64.040, 18.100.030,
18.100.035, 18.102.020, 18.106.030, 18.108.050, 18.108.080, 18.114.130(D)(1), 18.130.040,
18.150.020(E), 18.150.030(A), 18.164.030(A)(E), 18.164.070, 18.164.090, 18.164.100, and
Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3.
STAFF RECOMMENDATION: Approval subject to conditions.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 1
•
•
II. FINDINGS ABOUT SITE AND SURROUNDINGS
A. Background Information:
A Zone Ordinance Amendment (ZOA 93-0006) was approved in 1993 to add
Construction Contractor's Professional Office as a Conditional Use in the C-P
zoning district. Furthermore, a Site Development Review (SDR 1-78) was
approved for this site in 1978 to allow construction of a commercial office
building. No other land use application have been submitted to the City for this
site.
B. Site size and shave:
The subject parcel contains approximately 0.47 acres. The site is rectangular in
shape and is relatively flat.
C. Site Location:
The site is located at 7035 SW Hampton Street, in the southern portion of the
Tigard Triangle, east of 72nd Avenue, north of Highway 217 and west of Interstate
#5.
D. Existing uses and structures:
The subject parcel is developed with an existing commercial office building. This
existing building will be retained by the applicant. The site is properly landscaped
with ornamental trees, shrubs, grass, and a variety of flowering plant which are
located all around the site.
E. Surrounding land uses:
Properties to the north, south, east and west are zoned C-P (Professional
Commercial), and are all substantially developed.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 2
•
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III. APPLICABLE APPROVAL STANDARDS
A. Communitv Development Code:
1. Chapter 18.64.040 lists Construction Contractor's Professional Office as a
Conditional Use in the C-P zone.
2. Chapter 18.130.040 contains the following general approval criteria for a
Conditional Use:
1) The site size and dimensions provide:
a. Adequate area for the needs of the proposed use; and
b. Adequate area for aesthetic design treatment to mitigate
possible adverse effects from the use on surrounding
properties and uses.
2) The characteristics of the site are suitable for the proposed use
considering size, shape, location, topography, and natural features.
3) All required public facilities have adequate capacity to serve the
proposal.
4) The applicable requirements of the zoning district are met except
as modified by this chapter.
5) The supplementary requirements set forth in Chapter 18.114 (Signs)
and Section 18.120.180 (Approval Standards) Site Development
Review, if applicable, are met.
6) The use will comply with the applicable policies of the
Comprehensive Plan.
3. Chapter 18.64.050(A)(6) specifies that the minimum landscaping
requirement shall be 15 percent.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 3
0 it
4. Section 18.100.030 requires that all developments fronting on a public
street or private driveway more than 100 feet in length shall be required
to plant street trees in accordance with Section 18.100.035 (Location of
Street Trees). The minimum required spacing is 20 feet with a maximum
spacing of 40 feet depending on the size of the tree.
5. Section 18.102.020 (Visual Clearance) requires that a visual clearance area
be maintained along the intersections of all public and private right-of-
ways.
6. Section 18.106.030(B)(9) (Parking) requires that one parking space be
provided for each 350 square feet of gross floor space. This code also
permits up to 25% of the parking spaces to be compact parking stalls.
7. Section 18.106.020(P) (Bicycle parking requirements) states that one bicycle
parking space is required for each 15 automobile parking spaces.
8. Section 18.108.050 requires that a pedestrian walkway extend from the
ground floor entrances to the streets which provides the required
pedestrian access and egress.
9. Section 18.108.080 (Access and Circulation - Minimum Requirements)
states that if less that 100 parking spaces are required, the minimum access
width shall be 30 feet with curbs and 24 feet of pavement width.
10. The Americans with Disabilities Act (ADA). Became effective on January
26, 1992. It requires one disabled person parking space if one (1) to
twenty-five (25) parking spaces are provided.
11. Chapter 18.114.130(D)(1)(a)(b) states that one freestanding sign up to 32
square feet per face may be permitted in the C-P zone. Wall signs are
limited to five (5) percent of the size of the wall which the sign is to be
mounted on. Sign permits must be obtained prior to the installation of any
sign on the premises.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 4
12. Chapter 18.150.020(E) requires a permit and contains standards for
removal of trees having a trunk 6 inches or more in diameter measured
four feet above the ground on undeveloped residential land. A permit for
tree removal must comply with the following criteria as specified in
Chapter 18.150.030(A):
a. The trees are diseased, present a danger to property, or interfere
with utility service or traffic safety;
b. The trees have to be removed to construct proposed improvements
or to otherwise utilize the applicant's property in a reasonable
manner;
C. The trees are not needed to prevent erosion, instability, or drainage
problems;
d. The trees are not needed to protect nearby trees as windbreaks or
as a desirable balance between shade and open space;
e. The aesthetic character in the area will not be visually adversely
affected by the tree removal; and
f. New vegetation planted by the applicant, if any, will replace the
aesthetic value of trees to be cut.
13. Chapter 18.164 contains standards for streets and utilities.
a. Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the
classification of the street.
b. Section 18.164.030(E) requires a major collector street to have a
minimum 60-80 foot right-of-way, a 44 feet minimum roadway
width, and 2-4 moving lanes.
C. Section 18.164.070(A) requires sidewalks adjoining both sides of a
major collector streets.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 5
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d. Section 18.164.090 requires sanitary sewer service.
e. Section 18.164.100 requires adequate provisions for storm water
runoff and dedication of easements for storm drainage facilities.
B. Anolicable Comprehensive Plan Policies.
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be
provided an opportunity to participate in all phases of the planning and
development review process.
Water Ouality: Policy 4.2.1 provides that all development within the Tigard urban
planning area shall comply with applicable federal, state and regional water
quality standards.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require
as a condition of development approval that public water, sewer, and storm
drainage will be provided and designed to City standards and that utilities shall
be placed underground.
Street Imorovements: Policy 8.1.1 provides that the City will plan for a safe and
efficient street and roadway system that meets current needs and anticipated
future growth and development.
Street Imorovements. Policy 8.1.3 states that the City will require the following
as a precondition of approval:
a. Development abut a dedicated street or have other adequate access;
b. Street right-of-way shall be dedicated where the street is substandard in
width;
C. The developer shall commit to construction of the streets, curbs, and
sidewalks to City standards within the development.
d. The developer shall participate in the improvement of existing streets,
curbs, and sidewalks to the extent of the development's impacts;
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 6
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e. Street improvements shall be made and street signs or signals shall be
provided when the development is found to create or intensify a traffic
hazard.
1V. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and offers
the following comments:
1. TRAFFIC IMPACTS:
The site is located within the Tigard Triangle Specific Area Plan that was recently
completed (Jan. 1994) for the City by OTAK Inc. \ DKS Associates. In addition
to confirming the necessity of SW Hampton Street as a Major Collector (as shown
on the City Comprehensive Plan), the plan recommends that SW 70th Avenue be
included within the proposed street system for the area as a Minor Collector.
This is a change from the current un-improved status and previous assumptions,
and could affect the site with the future development of SW 70th Avenue. The
parking layout and access to the site should be revised to provide for this future
change.
2. STREETS:
The existing improvements along SW Hampton Street have been completed in
accordance with City standards in conformance with the requirements for a Major
Collector. No additional street construction along SW Hampton Street will be
necessary with the exception that the overhead utilities should be placed
underground.
With respect to SW 70th Avenue, the applicant should dedicate the right-of-way
for a typical City street, 25 feet from centerline, and be required to sign an
agreement of non-remonstrance to the formation of a future LID for the
development of the street improvements. This dedication would combine with the
existing dedication of 30 feet made by the adjoining subdivision to make the street
55 feet wide.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 7
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3. SANITARY SEWER:
The site currently has 8 inch public sanitary sewer lines located in the adjacent
street, with sewer stubs to the property line. The main line has sufficient capacity
for this development and no additional public improvements are required.
4. STORM SEWER:
The site is currently developed, with a paved parking lot that drains toward SW
Hampton Street. The existing underground storm sewer system has sufficient
capacity for the site.
The Unified Sewerage Agency has established and the City has agreed to enforce
(Resolution and Order No. 91-47) Surface Water Management Regulations
requiring the construction of on-site water quality facilities or fees in-lieu of their
construction. Section 7.02 of the R & O states that: "Ibe provisions of Chapter
7 shall apply to all activities which create new or additional impervious surfaces...".
Since the intended use will not create any new impervious surfaces this application
is not required to install a on-site water quality facility or pay a fee in-lieu of
construction.
However, should a re-design of the parking lot and access to the site require
additional paving, the requirement of the fee in-lieu may apply.
5. The City of Tigard Operations Department, and City of Tigard Building Division
have reviewed this proposal and have offered no comments.
V. CIT & AGENCY COMMENTS
1. The facilitator for the East Citizen Involvement Team was notified of the
proposed subdivision. The Involvement Team has not provided any comments or
objections to this development. In addition, applicant conducted a neighborhood
meeting.
2. The Tualatin Valley Fire & Rescue District, Tualatin Valley Water District have
reviewed the proposal and have offered no comments or objection:
3. No other comments was received by the Planning Division.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 8
V. EVALUATION OF REQUEST
A. Compliance with Community Development Code.
Section 18.130.040: The proposed use requires a Conditional Use approval. This
proposal complies with the conditional use standard of the C-P zoning district, and
the standards of Chapter 18.130 (Conditional Use). The site provides adequate
area for the proposed new use of the existing office building. There are no
apparent physical obstacles to this use on the site. Adequate public utilities are
available to serve this use as addressed further in this report. Setbacks, lot
coverage, and building height requirements of the C-P zone, and the applicable
Comprehensive Plan Policies are satisfied by this proposal.
Sections 18.100.030 and 18.100.035 (Street Trees) is partially satisfied as
demonstrated on the preliminary site plan. The minimum required spacing for
street trees is 20 feet with a maximum spacing of 40 feet. The applicant proposes
to retain the one (1) street tree along the site's frontage on SW Hampton Street.
The street frontage of this site is approximately 110 feet. This distance requires
the provision of a minimum of three (3) street trees. The property also abuts SW
70th Avenue by a distance of 151 feet. This distance requires the provision of a
minimum of four (4) street trees along the frontage on SW 70th Avenue. The
preliminary site plan as submitted provides for one (1) street tree along the site's
frontage on SW Hampton Street. In addition, the applicant has not submitted a
detailed landscape plan. Therefore, a detailed landscaping plan shall be submitted
to the Planning Division. The landscaping plan shall show provision for two (2)
additional street trees along the site's frontage on SW Hampton Street, and four
(4) street trees along the frontage on SW 70th Avenue. In addition, applicant
shall also submit evidence that the site has a minimum landscape coverage of
15%.
Section 18.102.020 (Visual Clearance) requires that a visual clearance area be
maintained along the intersections of all public and private right-of-ways. A clear
vision area shall contain no vehicle, hedge, planting, fence, signs, wall structure,
or temporary or permanent obstruction exceeding three feet in height. The code
provides that obstructions which may be located in this area shall be visually clear
between three and eight feet in height (trees may be placed within this area
provided all branches below eight feet are removed). A visual clearance area is
the triangular area formed by measuring a 30 foot distance along the street right-
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 9
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of-way and the driveway and then connecting these two 30 foot distance points
with a straight line. Placement of any future possible obstructions including street
trees and freestanding sign shall comply with this standard. Proposed placement
of sign and street trees shall be reviewed by the Planning Division for compliance
with the requirements of Sections 18.102 (Vision Clearance) and 18.114 (Signs)
Section 18.106.030(B)(9) (Parking) requires one (1) parking space for each 350
square feet of gross floor area. The existing structure is approximately 2,230
square feet. The site plan and the applicant statement indicates that eight (8)
parking spaces will be provided. A total of eight (8) parking spaces are required
for this development. Therefore, this code requirement has been satisfied.
The Americans with Disabilities Act (ADA). Became effective on January 26,
1992. It requires one disabled person parking space if one (1) to twenty-five (25)
parking spaces are provided. Approximately one (1) disabled person parking
space is required for this development. The proposed site plan does not show
provision such disabled person parking space. A revised site plan shall be
Submitted to the Planning Division showing the provision of one (1) disabled
person parking space.
Section 18.106.020(P) Bicycle parking requirements states that one bicycle parking
space is required for each 15 automobile parking spaces. Therefore, one (1)
bicycle parking space is required. The applicant has indicated that one (1) bicycle
parking space will be provided on site. Therefore, a revised site plan shall be
submitted showing provision of one (1) bicycle parking space.
Section 18.108.050 requires that a pedestrian walkway extend from the ground
floor entrances to the streets which provide the required access and egress. The
site plan does not propose such a pedestrian walkway. Therefore, this code
requirement has not been satisfied. A condition requiring this walkway is
warranted.
Section 18.108.080 (Access and Circulation - Minimum Requirements) states that
if less that 100 parking spaces are required, the minimum access width shall be 30
feet with curbs and 24 feet of pavement width required. Since this site has eight
(8) existing parking spaces, the required paved width for access, egress and on-site
circulation shall be 24 feet. As demonstrated on the site plan, the existing access
has a minimum access width of 23 feet, which does not meet the minimum access
width required by code. The requirement of this code section can be satisfied by
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 10
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providing the minimum access and pavement width, or by applying for and gaining
approval of a variance to the standards of Chapter 18.108.
Section 18.114.130(D)(1) (Signs) allows the placement of wall, and freestanding
signs on this site. No signs have been proposed as part of this development. Sign
permits shall be obtained prior to the installation of any sign on this premises.
Section 18.150 (Trees) which requires permits for the removal of trees is not
applicable to this development because the applicant has indicated that no trees
will be removed at this time. If in the future the applicant proposes to remove
trees on this site, a tree removal permit shall be applied for and obtained prior
to the removal of any such trees.
Section 18.164.0301E1 (Minimum Rights-of-way and Street Widths) contains the
regulations pertaining to street standards. Southwest Hampton Street is classified
as a major collector street. The Engineering Department has determined that
while no additional right-of-way dedication is required for SW Hampton Street,
additional right-of-way is required to be dedicated to the public along the frontage
on SW 70th Avenue, which will provide for the standard half-street width of 25
feet. This dedication will increase the total right-of-way on SW 70th Avenue to
55 feet. Southwest 70th Avenue is classified as a local street, but proposed as a
minor collector street on the DKS/OTAK Triangle plan.
Section 18.164.070(A) requires sidewalks adjoining both sides of major collector
streets. The existing improvements along SW Hampton Street have been
completed in accordance with City standards in conformance with the
requirements for a Major Collector. No additional street construction along SW
Hampton Street will be necessary with the exception that the overhead utilities
should be placed underground. Existing utilities are placed underground.
Section 18.164.090 requires sanitary sewer service. The site currently has 8 inch
public sanitary sewer lines located in the adjacent street, with sewer stubs to the
property line. The main line has sufficient capacity for this development and no
additional public improvements are required.
Section 18.164.100 requires adequate provisions for storm water runoff and
dedication of easements for storm drainage facilities. The site is currently
developed, with a paved parking lot that drains toward SW Hampton Street. The
existing underground storm sewer system has sufficient capacity for the site.
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 11
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B. Comoliance with Comprehensive Plan Policies:
This proposed Conditional Use complies with all applicable Comprehensive Plan
Policies as follows:
Citizen Input: The conditional use is consistent with Policy 2.1.1 because notice
of the application and the public hearing on this item was provided to the East
Citizen Involvement Team, and to owners of property within 250 feet of the site.
The site has been posted with a sign which states that a development application
is pending for this site.
Water Oualitv: The proposal complies with Policy 4.2.1, because the Unified
Sewerage Agency has established and the City has agreed to enforce (Resolution
and Order No. 91-47) Surface Water Management Regulations requiring the
construction of on-site water quality facilities or fees in-lieu of their construction.
Section 7.02 of the R & O states that: "ne provisions of Chapter 7 shall apply
to all activities which create new or additional impervious surfaces...". Since the
intended use will not create any new impervious surfaces this application is not
required to install a on-site water quality facility or pay a fee in-lieu of
construction.
Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the site
currently has 8 inch public sanitary sewer lines located in the adjacent street, with
sewer stubs to the property line. The main line has sufficient capacity for this
development and no additional public improvements are required. Furthermore,
the site is currently developed, with a paved parking lot that drains toward SW
Hampton Street. The existing underground storm sewer system has sufficient
capacity for the site.
Street Improvements: The conditional use proposal complies with Policies 8.1.1
and 8.1.3 because the site abuts a major collector street that is fully developed and
provides for both adequate and safe access to the site. In addition, the developer
has been required by the City's Engineering Department, to dedicate right-of-way
to the public along the frontage on SW 70th Avenue which is classified as a local
street. The developer is required to sign an agreement on form provided by the
City, which waives the property owner's right to oppose or remonstrate against a
future Local Improvement District formed to improve SW 70th Avenue. The area
as previously mentioned is substantially developed, and most street improvements
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 12
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such as additional future right-of-way dedications, placement of street signs or
signals are already existing in this area. The extent of the impact of this
development will be minimal to the area as a whole.
VI. CONCLUSION AND RECOMMENDATION
The Planning Division concludes that the Conditional Use request for this existing site will
promote the general welfare of the City and will not be significantly detrimental nor
injurious to surrounding properties provided that development which occurs after this
decision complies with applicable local state and federal laws.
In recognition of the findings staff recommends APPROVAL of Conditional Use Permit
proposal CUP 94-4401 subject to the conditions which follow.
ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE
COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE
ISSUANCE OF OCCUPANCY PERMITS. UNLESS OTHERWISE NOTED, THE STAFF
CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE
ENGINEERING DEPARTMENT, 639-4171.
1. Additional right-of-way shall be dedicated to the Public along the SW 70th
Avenue frontage, for the standard half-street width of 25 feet from centerline, to
increase the total right-of-way to 55 feet. The legal description shall be tied to the
existing right-of-way centerline as approved by the Engineering Department. The
dedication document shall be on City forms. Instructions are available from the
Engineering Department. STAFF CONTACT: John Hagman, Engineering
Department (639-4171).
2. An agreement shall be executed by the applicant, on forms provided by the City,
which waives the property owner's right to oppose or remonstrate against a future
Local Improvement District formed to improve SW 70th Avenue. STAFF
CONTACT: John Hagman, Engineering Department (639-4171).
3. The applicant shall submit a revised site plan that indicates how parking and the
required setbacks would be provided with the future improvement of SW 70th
Avenue. STAFF CONTACT: Michael Anderson, Engineering Department (639-
4171)
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 13
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4. The applicant shall submit a revised site and landscaping plans that shows
provision for the following: STAFF CONTACT: Victor Adonri, Planning
Division (639-4171).
a. Provision of one (1) disabled person parking space, and one (1)
bicycle parking rack space.
b. Provision of a minimum access width of 30 feet, and a pavement
width of 24 feet.
C. Provision of one (1) pedestrian walkway which extend from the
ground floor entrance to the street.
d. Landscaping plan showing provision of two (2) additional street
trees along the frontage on SW Hampton Street, and four (4) street
trees along the frontage on SW 70th Avenue. In addition, applicant
shall show evidence that the site has a minimum fifteen (15) percent
landscape coverage.
CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION.
( P~
Prepared By:Victor Adonri Date
Assistant Planner
Approved B :Dick Bewersd f Date
Senior Planner
HEARINGS OFFICER - CUP 94-0001 - HAGEL - HUGHES CONST. PAGE 14
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EXHIBIT MAP
7
DATE:
AHC#
•
CONDITIONAL USE
PERMIT
APPLICATION
FOR
JOSEPH HUGHES CONSTRUCTION, INC.
Submitted by:
Phillip E. Grillo
319 S.W. Washington Street
Suite 920
Portland, OR, 97204
224-3509
Hughes Conditional Use Permit February 1, 1994
I. INTRODUCTION
A. Background
The applicant, Joseph Hughes Construction, Inc., requests approval of a
Conditional Use Permit that would allow an existing office building located at
7035 SW Hampton, in the city's Professional/Administrative (C-P) Zoning
District, to house the processional offices of Joseph Hughes Construction, Inc.
The applicant recently. secured a zoning code text amendment (Ordinance 93-
28), which defined and added "Construction Contractor's Professional Offices"
to the list of Use Classifications in Chapter 18.42 and added "Construction
Contractor's Professional Offices" to the list of conditional uses permitted
within the C-P (Professional/Administrative Office) Zoning District. The
effective date of Ordinance 93-28 is November 12, 1993. This application is
being submitted to secure final land use approval for the relocation of the
professional offices of Joseph Hughes Construction, Inc., using portions of the
code that were amended by Ordinance 93-28.
B. Description of the Site and Surrounding Area
The site is located at 7035 SW Hampton Street. The site is comprised of two
separate lots, namely Tax Lot 1100 and Tax Lot 2000, in Section 1 of T2S R1W
(W. M.). Tax Lot 1100 is rectangular in shape, with front and rear lot
dimensions of 115 feet, and side yard dimensions of approximately 154.42 feet.
Tax Lot 1100 contains an area of approximately 17,758 square feet. Tax Lot 2000,
is immediately east of Tax Lot 1100, and is a 20 foot wide strip of land running
the full depth of the parent lot. Tax Lot 2000 is roughly 3,088 square feet in
size.
It appears that Tax Lot 2000 was created by the partial vacation of SW 70th
Avenue, which is currently a platted but undeveloped street east of the subject
site. 70th Avenue is a developed but dead-end street south of Hampton.
However, it does not appear that the city has any plans for the development of
70th Street north of Hampton, since various portions of the 70th Avenue right-
of-way have been vacated, and there are no parcels or lots between Hampton
and Gonzaga, which rely on 70th Avenue for access. 70th Avenue does not
extend north of Gonzaga Street. Therefore, in the area adjacent to the site, SW
70th Avenue appears to be a remnant of a previously envisioned development
pattern, and the street no longer seems to serve any existing transportation-
related purpose.
In total, the site is comprised of approximately 20,846 square feet. The site is
virtually level and contains no sensitive lands. Vegetation on the site consists.
mainly of grasses and ornamental trees.
Physical improvements on site include the existing office building, asphalt
parking lot, landscaping and street frontage improvements including
sidewalks, curbs, curb cuts and street trees.
The site is located in the southern portion of the Tigard Triangle, east of 72nd
Avenue, north of Highway 217 and west of I-5. The area is zoned C-P, and the
Hughes Conditional Use Permit 1 February 1, 1994
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neighboring land uses to the south and west are office-related. To the north,
residential uses exist. To the east, across the 70th Avenue right-of-way, is what
appears to be a mixed residential/office use.
C. Summary of the Proposal
The applicant is proposing to relocate its existing construction contractor's
office from its present location at 10170 SW Nimbus Ave, in Tigard, to the
office building located on the site at Hampton Street. No exterior changes to
the structure or to the grounds are being proposed.
The present office building on the site contains approximately 2,824 square
feet of usable commercial office space, with approximately 2,341 sq. ft. on the
ground floor and approximately 483 sq.ft. on the second floor. The site
currently has eight (8) full size parking spaces, which will meet the code
required parking requirement of one space per 350 feet of gross floor area.
The applicant's office will function in the same way as other professional and
administrative offices do in the surrounding area. No outdoor storage of heavy
vehicles, equipment or construction materials will occur. Hampton Street is
fully improved except for overhead utilities, and all necessary public services
and facilities are available and adequate to serve the proposed change in use.
II. APPLICABLE STANDARDS AND CRITERIA
A. Conditional Use Criteria
Section 18.130.040 of the Tigard Community Development Code provides that:
The Hearings Office 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:
1. The site size and dimensions provide adequate area for the needs
of the proposed use.;
2. The characteristics of the site are suitable for the
proposed use considering size, shape, location,
topography, and natural features;
3. All required public facilities have adequate capacity to serve the
proposal;
4. The applicable requirements of the zoning district are met except
as modified by this chapter.
5. The supplementary requirements set forth in Chapter 18.114,
Signs and Section 18.120.180, Approval Standards, if applicable,
are met; and
6. The use will comply with the applicable policies of the
comprehensive plan.
Hughes Conditional Use Permit 2 February 1, 1994
i
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B. Site Development Review Standards
Section 18.120.180 of the Tigard CDC provides that:
The Director shall make a finding with respect to each of the following
criteria when approving, approving with conditions, or denying an
application :
1. Provisions of the
following chapters:
a.
Chapter
18.84,
Sensitive Lands;
b.
Chapter
18.94,
Manufactured/Mobile Home Regulations;
c.
Chapter
18.92,
Density Computation;
d.
Chapter
18.144,
Accessory Use and Structures;
e.
Chapter
18.96,
Additional Yard Area Requirements;
f.
Chapter
18.98,
Building Height Limitations: Exceptions;
g.
Chapter
18.100
Landscaping and Screening;
h.
Chapter
18.102,
Visual Clearance Areas
i.
Chapter
18.106,
Off-Street Parking and Loading
j.
Chapter
18.108,
Access, Egress and Circulation;
k.
Chapter
18.114
Signs;
1.
Chapter
18.150,
Tree Removal; and
M.
Chapter 18.164, Street Utility Improvement Standards.
2. Relationship to the Natural and Physical Environment:
3. Exterior Elevations:
4. Buffering, Screening and Compatibility between Adjoining Uses:
5. Privacy and Noise:
6. Private Outdoor Area: Residential Use:
7. Shared Outdoor Recreation Areas: Residential Use:
8. Development Adjacent to Floodplain:
Hughes Conditional Use Permit 3
February 1, 1994
9. Demarcation of Public, Semipublic, and Private Spaces: Crime
Prevention:
10. Crime Prevention and Safety:
IL Access and Circulation:
12. Public Transit:
13. Parking:
14. Landscaping:
IS. Drainage:
16. Provision for the Handicapped:
17. Signs:
18. Provisions of the Underlying Zone:
III. ANALYSIS OF THE REQUEST
A. Conditional Use Criteria
1. The site size and dimensions provide adequate area for the needs
of the proposed use.;
Findings: The minimum lot size for the C-P Zone is 6,000 sq. ft..
The site is approximately 20,846 sq. ft., and is already developed
with an office building and associated improvements that meet
the site size and dimension requirements of the underlying zone.
The applicant's proposed use will function in the same way as the
existing professional offices currently located in the structure.
Therefore, this criteria will be met.
2. The characteristics of the site are suitable for the
proposed use considering size, shape, location,
topography, and natural features;
Findings: The site is flat and has no known natural features. A
variety of ornamental trees and shrubs have been planted on the
site and serve as landscape features. The size and shape of the
parcel currently accommodates the existing office use and no
exterior modifications to the site are necessary or proposed at this
time. Therefore, this criteria is satisfied.
3. All required public facilities have adequate capacity to serve the
proposal;
Hughes Conditional Use Permit 4 February 1, 1994