Hearings Officer Packet - 06/24/19960 •
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
your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at
the same phone numbers as listed above.
(OVER FOR MEETING AGENDA ITEM(S)
TIGARD HEARING'S OFFICER PAGE 1 OF 2
6/24/96 PUBLIC HEARING h:\patty\masters\agendho.mst
City of Tigard, Oregon
CITY OF TIGARD
HEARINGS OFFICER
JUNE 24, 1996 - 7:00 P.M.
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 UNITED METHODIST CHURCH GYMNASIUM
Conditional Use Permit (CUP) 96-0002
The applicant has requested Conditional Use review to construct an approximately
8,000 square foot addition, to be used as a multi-purpose gymnasium.
LOCATION: 9845 SW Walnut Place (WCTM 2S1 213D, TAX LOT 1600).
COMPREHENSIVE PLAN DESIGNATION: Medium Density. ZONING
DESIGNATION: R-12 (Residential, 12 units per acre). APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102,
18.106, 18.108, 18.150, 18.130 and 18.164. Comprehensive Plan Policies 2.1.1,
4.2.1, 7.1.2, 7.3. 1, and 7.4.4.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARING'S OFFICER PAGE 2 OF 2
6/24/96 PUBLIC HEARING • • h:\patty\masters\agendho.mst
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 664.0360 Notice TT 8 5 3.8
BEAVERTON, OREGON 97075 %Ik C F 6 V E D
Legal Notice Advertising J V IN 3 71996
• City of tigard • ? Tearsheet Notice ::r;y OF TIGARI)
13125 SW Hall Blvd.
• Tigard,Oregon 97223-8199 • ? Duplicate Affidavit
.Accounts Payable:Terry 0
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
1, Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Ti card-T ral at 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
CUP 96-0002 United Methodist
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONF successive and
consecutive in the following issues:
June 13.1996
The following will be considered by the Tigard Hearings Officer on Mon-
day, June 24, 1996, at 7 P.M., at Tigard Civic Center - Town Hall, 13125
S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written tes-
timony 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 sufficient to
allow the hearings authority and all parties to respond precludes an ap-
peal, and failure to specify the criterion from the Community Develop-
ment Code or Comprehensive Plan at which a comment is directed
precludes an appeal based on that criterion. Further information may be
obtained from the Planning Division at 13125 S.W. Hall Boulevard,
Tigard, Oregon 97223, or by calling (503) 639-4171.
PUBLIC HEARING:
CONDITIONAL USE PERMIT (CUP) 96-0002
> UNITED METHODIST CHURCH GYMNASIUM <
A request for Conditional Use review to construct an approximately 8,000
square foot addition, to be used as a multi-purpose gymnasium. The
proposal includes a minor modification to the existing parking area.
LOCATION: 9845 S.W. Walnut Place (WCTM 2S1 2BD, Tax Lot
1600). ZONE: R-12 (Residential, 12 units per acre). The R-12 zone al-
lows single-family attachewdetached residential units, multiple-family
residential units, residential care facilities, mobile home parks and sub-
s Q division, public support services, family day car, home occupation, tem-
U porary use, residential fuel tank, and accessory structures. APPLICABLE
Subscribed and sworn to fore me thisl3 u n.e ,1 g? REVIEW CRITERIA: Community Development Code Sections 18.54,
s 18.130 and 18.164.
TT8538 - Publish June 13, 1996.
Nota ublic for Oregon - r,0aA, • J. 024bbZ
My C SIC,; :.n :icS ?7AY 16,199'
My Commission Expires: - _ '
AFFIDAVIT
CITY OF TIGARD
NOTICE OF RESCHEDULED
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JUNE 24, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT (CUP) 96-0002
FILE TITLE: TIGARD UNITED METHODIST CHURCH GYMNASIUM
APPLICANT: Larry Abell/Architect LA OWNER: United Methodist Church
805 SE Sherman Street 9845 SW Walnut Place
Portland, OR 97214 Tigard, OR 97223
REQUEST ? A request for Conditional Use review to construct an approximately 8,000
square foot addition, to be used as a multi-purpose gymnasium. The
proposal includes a minor modification to the existing parking area.
LOCATION: 9845 SW Walnut Place (WCTM 2S1 213D, Tax Lot 1600).
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108,
18.150, 18.130 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2,
7.3.1, and 7.4.4.
ZONE: R-12 (Residential, 12 Units per acre). The R-12 zone allows single-family
attached/detached residential units, multiple-family residential units, residential
care facilities, mobile home parks and subdivision, public support services, family
day care, home occupation, temporary use, residential fuel tank, and accessory
structures.
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.
CUP 96-0002 UNITED METHODIST CHURCH GYMNASIUM NOTICE OF 6/24/96 PUBLIC HEARING
ANYONE WISHING TO PRESE RITTEN TESTIMONY ON THIS P OSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT TUBLIC HEARING. ORAL TESTIMCW MAY BE PRESENTED AT THE
PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF
REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH
ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO
ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND
TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE
APPLICATION AFTER JUNE 3, 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE
HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE
HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER
THE HEARING.
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM
THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON
THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF
THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE
DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL BASED ON
THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE,
OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7)
DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION
AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE, OR THE
CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON.
CUP 96-0002 UNITED METHODIST CHURCH GYMNASIUM NOTICE OF 6/24/96 PUBLIC HEARING
CITY OF TWARD HEARING'S%FFICER
SIGN-IN SHEET
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR Cil of Tigard, Oregon
NAME AND RECORD THEIR ADDRESS ON THIS SHEET...(Please PRINT L.egihly)
AGENDA ITEM #: 2.1 1 1 DATE OF'HEARING: 6/24/96 Page 1 of
FILE NAME(S): UNITED METHODIST CHURCH GYMNASIUM
CASE NUMBER(S): CONDITIONAL USE PERMIT (CUP) 96-0002
OWNER(S)
APPLICANT(S): TIGARD UNITED METHODIST CHURCH (Owner)
LARRY ABELL, ARCHITECT LA (Applicant)
LOCATION: 9845 SW WALNUT PLACE
MAP(S) & TAX LOT(S) NO(S). W2S1 0213D, TAX LOT 1600
PLEASE PRINT.YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------
PROPONENT (For the proposal) OPPONENT (Against the proposal)
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
(PRINT NAME/ADDRFSS/ZIPSAFFILIATION) (PRINT NAMFIADDRFSS/ZIPSAFFILIATION)
Name: CA's-b^t>i T+ nom.:-?L Name:
Address: Lj 51ti v"'-Address:
? -t q
Civ: State: Zip:
d-
Address: !905 f2E SL- ?hcw Address:
Zi
h:\login\p atty\signinho.mst
i •
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application for a conditional use ) FINAL ORDER
permit to enlarge the Tigard United Methodist )
Church in the R-12 zone at 9845 SW Walnut ) CUP 96-0002
Place in the City of Tigard, Oregon ) (United Methodist Church)
I. SUMMARY
The applicant requests approval of a conditional use permit to build an 8000 square foot
multi-purpose gymnasium as an addition to an existing 15,000 square foot church building.
The applicant also will modify the existing parking and maneuvering area and will add
landscaping required by Code. The applicant will provide a storm water quality facility on
the site outside of the required wetland buffer. The proposed development plan does or can
comply with applicable standards.
At the public hearing in this matter, the City staff recommended conditional approval. The
applicant largely accepted the recommended conditions of approval and responded to public
testimony. The applicant requested deferring street tree planting for an indefinite time.
Two members of the public testified with concerns about the use of the building for non-
church activities and the potential supervision needs.
At the conclusion of the hearing, the hearings officer approved the conditional use permit
based on the findings and conclusions in the Staff Report and subject to the conditions
recommended by City staff except as expressly provided otherwise in this final order.
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 Staff Report, and the agency comments 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. Tigard Hearings Officer Larry Epstein (the "hearings officer") received
testimony at the public hearing about this application on June 24, 1996. A record of that
testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped
Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard
City Hall. The following summarizes selected testimony offered at the hearing.
2. City planner Will D'Andrea testified for the City. He summarized the staff
report and recommendation. He discussed the need to add trees along the east edge of the
site where the applicant will be modifying the parking and maneuvering layout. This
landscaping will protect the privacy of and will buffer existing multi-family dwellings east
of the site.
3. Architect Larry Abell and building committee member Gene Philips appeared
for the applicant. Mr. Abell accepted the staff report and recommendation except the
Hearings Officer Final Order
CUP 96-0002 (United Methodist Church)
Page I
g,
• •
recommended street trees along SW Walnut Place. He argued the trees should be deferred
until the applicant rebuilds the whole parking lot to an ultimate configuration shown in
concept in the plans submitted for the CUP. It is not clear when the parking lot will be
reconfigured beyond the modifications proposed as part of the CUP. He testified the
proposed modifications to the parking and maneuvering areas proposed as part of the CUP
will not change the number of parking spaces on the site by, more than one or two. He
testified a stomrwater quality facility has been designed to accommodate stormwater from
the impervious areas of the proposed development outside of the required wetland and
buffer. In response to public testimony, he described some of the church activities,
including the homeless shelter provided at the church pursuant to another CUP. Mr.
Philips responded to public testimony by stating that the church is open to the general
public at times. It has active after school and youth programs. He agreed the church could
accept a condition of approval requiring the church to be responsible for adequately
supervising use of the proposed gymnasium.
4. Mark Christianson testified on behalf of residents of the Walnut Place
Apartments east of the church site. He expressed concern about the use and supervision of
the building by the church and others, particularly in light of increasing instances of
loitering and vandalism in the area. Bonny Peterson testified that adults are not always
present at the church to supervise youth and homeless activities. She also testified the
shelter is expected to relocate to a new facility by May, 1997. Mr. D'Andrea noted that he
has met with Interfaith Ministeries to discuss such a move.
V. EVALUATION OF REQUEST
1. The hearings Officer incorporates by reference the responsive findings about
compliance with the Community Development Code and Comprehensive Plan in Section IV
of the City of Tigard Staff Report with the following amendments.
2. The site plan does comply with the impervious area standard in CDC 18.54,
based on the unrebutted testimony of Mr. D'Andrea and Mr. Abell.
3. The proposed site plan does not comply with CDC 18.100.080(E) and
18.100.130, because it does not provide a row of trees along the east edge of the site in the
vicinity of the proposed modifications to the parking and maneuvering area. The applicant
can comply with that section by installing such a row of trees or equivalent. A condition to
that effect is warranted.
4. The hearings officer finds the planting of trees along the north edge of the
parking area should not be deferred for an indefinite time, because that is not consistent
with CDC 18. 100.1 10(A).
5. Users of the gymnasium could cause noise and other effects that conflict with
the residential use of adjoining lands contrary to CDC 18.130.040. To prevent such
effects, the hearings officer finds a condition is warranted requiring the church to be
responsible for supervising use of the gymnasium for church and non-church activities.
Failure to adequately supervise the use of the gymnasium may result in suspension or
revocation of the conditional use permit as provided in the CDC.
VI. SITE VISIT BY HEARINGS OFFICER
The hearings officer visited the site and surrounding area.
Hearings Officer Final Order
CUP 96-0002 (United Methodist Church) Page 2
•
0
VII. CONCLUSION AND DECISION
1. The hearings officer concludes that the proposed conditional use permit
complies with the applicable criteria and standards of the Community Development Code,
provided development that occurs after this decision complies with applicable local, state,
and federal laws and with conditions of approval warranted to ensure such compliance
occurs.
2. In recognition of the findings and conclusions contained herein, and
incorporating the Staff Report and public testimony and exhibits received in this matter, the
hearings officer hereby approves CUP 96-0002 (United Methodist Church), subject to the
conditions of approval in Section II of the City of Tigard Staff Report, with the following
additions:
a. Condition of approval 4.E is hereby added to read as follows:
E. Screening along the east property line in the vicinity of the
proposed modifications to the parking and maneuvering area
shall comply with CDC 18.100.130 and 18.100.080(E).
b. Condition of approval 6 is hereby added to read as follows:
6. The applicant shall supervise or shall be responsible for
supervising use of the property for church and non-church
purposes. Failure to adequately supervise use of the property to
prevent substantial noise or other off-site effects may result in
suspension or revocation of the conditional use permit as
provided in the CDC.
Hearings Ogcer Final Order
CUP 96-0002 (United Methodist Church) Page 3
• •
Agenda Item:
Hearing Date: June 24,1996 Time: 7:00 PM
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: UNITED METHODIST CHURCH GYMNASIUM
Conditional Use Permit CUP 96-0002
PROPOSAL: The applicant has requested Conditional Use review to construct an
approximately 8,000 square foot addition, to be used as a multi-
purpose gymnasium.
APPLICANT: Larry Abell/Architect LA OWNER: Tigard United Methodist Church
805 SE Sherman Street 9845 SW Walnut Place
Portland, OR 97214 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density.
ZONING
DESIGNATION: R-12 (Residential, 12 units per acre).
LOCATION: 9845 SW Walnut Place (WCTM 2S1 213D, TAX LOT 1600).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102,
18.106, 18.108, 18.150, 18.130 and 18.164. Comprehensive Plan
Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, and 7.4.4.
SECTION II: STAFF RECOMMENDATION:
The Planning Director recommends that the Hearings Officer find that the proposed
gymnasium expansion will not adversely affect the health, safety and welfare of the City.
Therefore, the Planning Director recommends' Approval, subject to the following
recommended conditions of approval:
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 1
• •
1. The applicant shall provide an on-site water quality facility as required by Unified
Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations
shall be submitted to the Engineering Department for review and approval prior to
issuance of the building permit. In addition, a proposed maintenance plan shall be
submitted along with the plans and calculations for review and approval.
2. Prior to issuance of the building permit, the applicant shall demonstrate either: 1.) the
water quality facility will be located outside of the 25-foot undisturbed buffer, or 2.) the
undisturbed buffer will be widened to compensate for the encroachment of the water
quality facility.
3. The 25-foot undisturbed buffer shall be shown on the construction plans. The
sensitive area boundary and/or buffer shall be staked in the field throughout the
construction process in order to protect the sensitive area.
4. Revised site and landscaping plans shall be submitted for review by the Planning
Division, Staff Contact: Will D'Andrea, Planning Department (639-4171). The revised
plans shall include the following:
A. Impervious surface/landscape calculations. The minimum amount of
landscaping required is 20%.
B. Parking lot trees, spaced every seven (7) parking spaces.
C. Screening along the north property line, adjacent to the parking area. This
area shall contain 10, five-gallon or 20, one-gallon shrubs in addition to one
row of trees in accordance with Section 18.100.130 and Section
18.100.080(E).
D. Caliper size of the trees to be removed. If these trees are greater than 12 inch
caliper, the applicant shall provide a mitigation plan, in accordance with
Section 18.150.070.D, that mitigates the total caliper inches to be removed.
5. All site improvements shall be installed as approved per the revised site plan.
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 2
CONDITIONS OF APPROVAL
• •
SECTION III: BACKGROUND INFORMATION
Site History:
The parcel received Minor Land Partition (MLP 17-78) approval to partition a 4.17 acre
parcel into two parcels of .43 and 3.74 acres in 1978. In 1979, an application to develop a
parking lot for the Tigard United Methodist Church. In 1989, a Conditional Use (CUP 89-
03) approval was granted to allow a portion of the Tigard United Methodist Church to be
utilized as a shelter for the homeless. No other development applications have been
received by the City.
Vicinity Information:
Properties immediately to the west are also zoned and developed R-12. Properties
immediately to the north are zoned and developed C-G (General Commercial). Property
immediately to the east is zoned and developed as R-25 (Residential, 25 units per acre).
Properties immediately to the south are zoned and developed as R-4.5 (Residential, 4.5
units per acre).
Site Information and Proposal Description:
The subject property measures 3.74 acres and is currently occupied by a 15,000 square
foot religious assembly use. There are approximately 119 parking spaces provided. The
applicant proposes to construct an approximately 8,000 square foot addition to be used as
a multi-purpose gymnasium. The proposal also includes minor modifications to the
parking lot area.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Use Classification: The applicant is proposing to expand an existing church facility.
This use is classified in Code Section 18.42 (Use Classifications) as Religious
Assembly. Code Section 18.54 lists Religious Assembly, as a Conditional use in the
R-12 zone.
Dimensional Requirements: Section 18.54 states that the minimum lot area shall be
3,050 feet for parcels in the R-12 zoning district. There is no minimum lot width
requirement. Developments within the R-12 zone are required to provide a minimum
of 20% landscaping. The applicant shall provide impervious surface/landscape
calculations that demonstrate compliance with this section.
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 3
•
Conditional Use: Section 18.130.040 contains the following general approval criteria
for a Conditional Use:
1. The site size and dimensions provide adequate area for the needs of the
proposed use;
2. The characteristics of the site are suitable for the proposed use considering
size, shape, location, topography, and natural features.
3. All required public facilities have adequate capacity to serve the proposal.
4. The applicable requirements of the zoning district are met except as modified
by this chapter.
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.
As indicated on the site plan, the site will provide adequate area for the proposed expansion.
Site characteristics are suitable for the expansion as the site contains adequate area and
does not contain physical constraints. Adequate public facilities are present and currently
serve the site or shall be provided by conditions of approval. Compliance with the applicable
zoning district requirements, Conditional Use review and Comprehensive Plan Policies can
be satisfied by this proposal as demonstrated by the analysis presented within this report
and review process.
Religious Assembly and Accessory Use: Section 18.130.150 contains the following
additional Conditional Use criteria for Religious Assembly and Accessory Uses:
Lot Size: Minimum lot size shall be 20,000 square feet;
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 18.102);
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 subject site is approximately (3.7) acres, well in excess of the minimum 20,000 square
foot lot area. As indicated on the site plan, the building is in compliance with setback
standards.
Landscaping Plan: Section 18.100.015 requires that the applicant submit a
landscaping plan. This requirement has been satisfied as the applicant has submitted a
plan indicating the number, type and location of trees and shrubs.
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 4
• •
Street Trees: Section 18.100.003 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with section
18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and
40 feet apart depending on the size classification of the tree at maturity (small,
medium or large), with a minimum caliper of 2 inches at four feet in height. The site is
currently landscaped in accordance with this section.
Screening Special Provisions: Section 18.100.110(A) requires the screening of
parking and loading areas. Landscaped parking areas shall include special design
features which effectively screen the parking lot areas from view. Planting materials
to be installed should achieve a relative balance between low lying and vertical
shrubbery and trees. Trees shall be planted in landscaped islands in all parking
areas, and shall be equally distributed on the basis of one tree for each seven parking
spaces in order to provide a canopy effect. The minimum dimension on the
landscape islands shall be three feet and the landscaping shall be protected from
vehicular damage by some form of wheel guard or curb. The existing parking lot does
not contain parking lot trees. A revised landscape plan shall be submitted that provides for
the required canopy effect, with trees planted every seven spaces.
Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating
widths of buffering and screening to be installed between proposed uses. The Matrix
indicates that where a parking area, which provides 4-50 parking spaces, abuts a
residential zone the required buffer and screening width shall be 10 feet. The
minimum improvements within a buffer area shall consist of the following: 1) At least
one row of trees shall be planted. They shall be not less than 10 feet high for
deciduous trees and 5 feet high for evergreen trees at the time of planting. Spacing of
the trees depends on the size of the tree at maturity; 2) In addition, at least 10 five
gallon shrubs or 20 one gallon shrubs shall be planted for each 1000 square feet of
required buffer area; 3) The remaining area shall be planted in lawn, groundcover or
spread with bark mulch. The parking lot buffer area contains approximately 1,500
square feet. Therefore, the buffer shall contain an additional 10 five gallon or 20 one
gallon shrubs in addition to the one row of trees. The plan shows that existing
landscaping is currently provided, however, the plan appears to show that it is not up to
current standards. A revised landscape plan shall be submitted that provides for
landscaping in accordance with screening standards.
Screening and Buffering Requirements: Section 18.100.080(E) states that where
screening is required the following standards shall apply in addition to those required
for buffering; 1) a hedge of narrow or broadleaf evergreen shrubs which will form a 4
foot continuous screen within 2 years of planting, or; 2) an earthen berm planted with
evergreen plant materials which will form a continuous screen 6 feet in height within 2
years. The unplanted portion of the berm shall be planted in lawn, ground cover or
bark mulch, or; 3) a 5 foot or taller fence or wall shall be constructed to provide a
continuous sight obscuring screen. A revised plan shall be submitted that demonstrates
compliance with this section.
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 5
• •
Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways or the
intersection of a public street and a private driveway. A visual clearance area is the
triangular area formed by measuring a 30 foot distance along the street right-of-way
and the driveway and then connecting these two 30 foot distance points with a
straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure, signs, or temporary or permanent obstruction exceeding three feet in
height. The height is measured from the top of the curb, or where no curb exists,
from the street center line grade, except that trees exceeding this height may be
located in this area, provided all branches below eight feet are removed. As indicated
on the site plan, this criteria is satisfied.
Minimum Off-Street Parking: Section 18.106.030(B)(8) requires 1 space for every 3
fixed seats or every 6 feet of bench length in the assembly area or every 50 square
feet of floor area in the assembly area where there are no permanent seats, whichever
is greater. The proposal does not include increasing the area of the sanctuary, therefore,
this application will not require additional required parking spaces. The applicant is
proposing to modify the layout of the parking area. The proposed modification would
continue to provide for adequate and safe parking area.
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
the provision of 5 disabled parking spaces if 101 to 150 parking spaces are provided.
The site plan shows the provision of five disabled parking spaces, thereby, satisfying this
standard.
Bicycle Parking: Section 18.106.020(0) requires one bicycle parking rack space for
each 15 required vehicular parking spaces in any development. Bicycle parking
areas shall not be located within parking aisles, landscape areas, or pedestrian ways.
This site requires the provision of eight bicycle parking spaces. The plan shows the
provision of eight bicycle parking spaces, thereby, satisfying this standard.
Access: Section 18.108.080 requires that commercial and industrial uses which
require more than 100 parking spaces provide two accesses with a minimum width of
30 feet and a minimum pavement width of 24 feet or one access with a minimum
width of 50 feet and a minimum pavement width of 40 feet. As indicated on the site
plan, two access drives are provided in compliance with this section.
Tree Removal: 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
subdivision 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 proposed plans indicate that two existing trees will be removed in
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 6
conjunction with this proposal. The applicant shall provide the caliper size of the these
trees. If these trees are greater than 12 inch caliper, the applicant shall provide mitigation.
Section 18.150.025(B)(2)(a) requires a mitigation program, according to Section
18.150.070.D, of no net loss of trees. The applicant shall, therefore, provide a mitigation
plan that provides for no net loss of trees in accordance with this section. This mitigation is in
addition to the required minimum landscaping, street trees, and parking lot trees.
COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES:
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. This
policy is satisfied as the applicant was required to hold a neighborhood meeting with nearby
property owners, notice of the application and public hearing on this item was provided to
owners of property in the vicinity of the site and in a newspaper of general circulation.
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. The
applicant shall provide a water quality facility in accordance with R&O 91-47.
Policy 7.1.2 provides the City will require, as a condition of development approval,
that public water, sewer, and storm drainage will be provided and designed to City
standards and utilities placed underground. Policy 7.3.1 provides the City will
coordinate water services with water districts. Policy 7.4.4 requires all new
development to be connected to an approved sanitary sewer system. The conditional
use complies with Policies 7.1.2, 7.3.1, and 7.4.4 because the serving Private Utility
Companies and Public Agencies have . been provided with copies of the proposed
development application. Public facility services were provided in conjunction with the
construction of the existing facility and are adequate to serve this proposal.
PUBLIC FACILITY CONCERNS:
Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100
(Storm Drains) shall be satisfied as specified below:
STREETS:
The site lies adjacent to SW Walnut Place and SW Pacific Highway (99W). Walnut Place
is a local street that is fully improved. The addition of the gymnasium does not warrant
further improvements to this street. Therefore, no additional right-of-way (ROW)
dedications or improvements are required.
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 7
• •
Pacific Highway is a major arterial through the City and is under ODOT jurisdiction. Staff
does not anticipate a significant impact to this roadway as a result of the gymnasium
addition. Therefore, no additional ROW dedications or improvements will be required.
SANITARY SEWER:
This site is presently served from an existing eight-inch public sanitary sewer line that runs
along the south boundary of the site. The proposed plan indicates that the new building
addition will be served from extension of existing on-site private lines.
STORM DRAINAGE:
A portion of this site slopes toward the north, while the other portion slopes to the south
toward a wetland area. The new building will be located in the area that drains to the
south. The plan states that the new hard surfaced area will be drained toward a proposed
"biofiltration area" for treatment. Once treated, the water will be connected into the
existing roof drainage system.
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) that requires 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. In
addition, a maintenance plan is required to be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year. Prior to issuance of
a building permit, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a
maintenance plan for the facility that must be reviewed and approved by the City prior to
issuance of the building permit.
As stated in the Storm Drainage Section above, the applicant is proposing to treat the new
hard surface runoff in a "biofiltration lawn area" at the southeast corner of the site. There
were no calculations provided with the Conditional Use Permit application that could be
used to verify the proposed design. In addition, the water quality area is shown within the
25-foot undisturbed buffer that is required to be established adjacent to a wetland by R&O
91-47. Section 6.09 of the R&O states that a water quality facility shall not be placed
within the undisturbed buffer unless the overall buffer is widened to compensate for the
placement of the facility. The applicant's plans do not show that the buffer will be widened
to accommodate the facility. Therefore, the applicant shall either: 1.) remove the water
quality facility from the buffer, or 2.) show how the buffer will be widened to accommodate
the encroachment of the water quality facility.
GRADING AND EROSION CONTROL:
USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and
other pollutants reaching the public storm and surface water system resulting from
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 8
• •
development, construction, grading, excavating, clearing, and any other activity that
accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion
control plan for City review and approval prior to issuance of City permits.
Since construction will take place adjacent to a sensitive area, the applicant shall stake the
sensitive area boundary and/or undisturbed buffer in the field and maintain the staking
throughout the construction process.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Water Department has reviewed this proposal and has offered the
following comments: Although we have no objections a few items should be noted:
1.) Private water main to fire hydrant should be eight-inch, not six-inch;
2.) Location of fire hydrant to be coordinated with TVF&R. Approval granted through
water division. Additional fire hydrants may be necessary; and
3.) Review and approval of water plan to be through the water division.
The City of Tigard Police Department and City of Tigard Building Division, have
reviewed this application and have offered no comments or objections.
SECTION VI AGENCY COMMENTS
The Unified Sewerage Agency has reviewed this proposal and has offered the
following comments: A 25-foot undisturbed corridor is required between the wetland
and impact of construction. Proposed addition may need to be moved north. Water
quality facility is not allowed in the buffer.
Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the
following comments: Submit plans for review and approval of hydrant location. Obtain
fire flow calculation work sheet and instructions, complete work sheet for review and
approval.
GTE and PGE have reviewed this application and have offered no comments or
objections.
PREPARED BY: William D'Andrea
Assistant Planner
APPROVED BY: Richard Be ersdorff
Planning Manager
1: \C U R P L MPATMcu p96-02. dec
June 6. 1996
DATE
June 6, 1996
DATE
STAFF REPORT TO THE HEARINGS OFFICER CUP 96-0002-UNITED METHODIST CHURCH GYMNASIUM EXPANSION PAGE 9
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