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Hearings Officer Packet - 11/09/19920 0 AGENDA TIGARD HEARINGS OFFICER MONDAY, NOVEMBER 91 1992 - 7:00 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BLVD., TIGARD, OR 97223 1. CALL TO ORDER 2. PUBLIC HEARINGS 2.1 CONDITIONAL USE CUP 92-0004 VARIANCE VAR 92-0019 LORINC (NPO #7 & 3) The applicants request Conditional Use approval to allow: 1) the conversion of an existing single family residence located on a 0.34 acre site into a residential care facility; and 2) the approval of a flexible setback variance. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and 8.1.3. LOCATION: 12435 SW 121st Avenue (WCTM 2S1 3BB, tax lot 6900) ZONE: R- 4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support facilities, .residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. 3. OTHER BUSINESS 4. ADJOURNMENT T I 0 RD H E A R I N G S O F F IOE R NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT) AGENDA ITEM: Z'r i NG CASE NUMBER(S): GVQqs -0uly l~ ` (9 OWNER/APPLICANT : --TCa e I<A-1 L+ v Z in c.- LOCATION: I2~f 3S S~•J l .iL 1 S*• rIe NPO NUMBER: / DATE OF HEARING: PLEASE PRINT YOUR NAME, ADDRESS. AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT Against the proposal) Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address I Address Name 1 Name Address 1 Address COMMUNITY NE SP pERS9 INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice BEAVERTON. OREGON 97075 TT 7386 Legal Notice Advertising e City of Tigard e ❑ Tearsheet Notice 0 P.O. Box 23397 • ❑ Duplicate Aft The following will be considered by the Tigard Hearings Officer on Mon- Tigard, OR 97223 day, November 9, 1992, at 7:00 PM at Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., 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 procedure of the Hearings Officer. Failure to raise an issue in person or by letter precludes an appeal, and failure to specify the AFFIDAVIT OF PUBLICATION criterion from the Community Development Code or comprehensive Plan at which a comment is directed precludes an appeal based on that STATE OF OREGON, ) criterion. Further information may be obtained from the Planning Division COUNTY OF WASHINGTON, )ss' at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 639.4171. 1,~Iudith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the a newspaper of general circulation as de med in ORS 193.010 and 193.020; published at Tigard in the afoai~2coanhr. apfAl.1tkthat the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for onp successive and consecutive in the following issues: October 29, 1992 PUBLIC HEARINGS CONDITIONAL USE CUP 92-0004 LORINC (NPO #7 & 3) A request for a Conditional Use approval to allow the conversion of an existing single family residence into a residential care facility. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130, 18.150, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and 8.1.3. LOCATION: 12435 SW 121st Avenue (WCTM 2S13BB, tax lot 6900). ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows single family residential units, public support facilities, residential treat- ment homes, farming, manufactured homes, family day care, home oc- cupations, temporary uses, and accessory structures among other uses. Subscribed and sworn before me this 29. day of October 1992 r L.~2~2i4~ut Notary Public for Oregon My Commissio' xpires: AFFIDAVIT TT7386 -Publish October 29, 1992. . . N. 0 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Joe & Kathy Lorinc for ) FINAL ORDER a conditional use permit and variance for a residential care ) facility at 12435 SW 121st Avenue ) CUP 92-0004 in the R-4.5 zone in the City of Tigard, Oregon ) VAR 92-0019 I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a residential care facility. The facility now accommodates five elderly people. The applicant proposes to enlarge the facility and provide five additional bedroom/bathroom suites and increase the resident population to ten elderly people. A small porch at the rear of the proposed addition extends 2 feet into the required 15-foot rear yard setback. The applicant requests a "flexible setback" variance to allow that porch. The applicant also requests reduction in parking requirements. A public hearing regarding the application was held on November 9, 1992. City staff recommended conditional approval of the subdivision. No one else appeared at the hearing or submitted written testimony about the applications addressed in this final order. LOCATION: 12435 SW 121st Avenue; WCTM 2S1 3BB, Tax lot 6900 COMPREHENSIVE PLAN: Low Density Residential ZONING: R-4.5 (Residential, 4.5 units/gross acre) APPLICANT AND OWNER: Joe and Kathy Lorinc SITE AREA: About 0.34 acres APPLICABLE LAW: Community Development Code Ch. 18.050.040, 18.050.050, 18.100.110, 18.102.020, 18/106.030, 18.106.040, 18.108.070, 18.130.040, 18.130.150, 18.146.050, 18.150.020, 18.164.030, 18.164.070, 18.164.090, 18.164.100; Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS The Hearings Officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Report dated November 3, 1992. III. APPLICABLE APPROVAL STANDARDS The Hearings Officer incorporates by reference the approval standards in Section III of the City of Tigard Staff Report dated November 3, 1992. Page 1 - Hearings Dicer decision CUP 92-0004 & VAR 92-0019 (Lorinc) IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on November 9, 1992. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Summary of oral testimony. City Planner Ron Pomeroy testified for the City. He summarized the staff report and recommendation. No one else appeared. C. NPO and Agency Comments. The Hearings Officer incorporates by reference the NPO and agency comments in Section IV of the City of Tigard Staff Report dated November 3, 1992. V. EVALUATION OF REQUEST A. Compliance with Community Development Code and Comprehensive Plan. The Hearings Officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the City of Tigard Staff Report dated November 3, 1992. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and surrounding area. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed conditional use permit and associated parking reduction and flexible setback variance comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 92-0004 and VAR 92-0019, subject to the conditions of approval recommended in the November 3, 1992 Staff Report. 1992. Page 2 - Hearings Officer decision CUP 92-0004 & VAR 92-0019 (Lorin) 0 0 AGENDA ITEM 2- BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Joe and Kathy STAFF REPORT Lorinc to allow the conversion of an existing CUP 92-0004 single family residence into a residential VAR 92-0019 care facility with associated site improvements. 1. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 92-0004 Flexible Setback Variance VAR 92-0019 SUMMARY: The applicants request Conditional Use approval to allow: 1) the conversion of an existing single family residence located on a 0.34 acre site into a residential care facility; and 2) the approval of a flexible setback variance. APPLICANT: Joe and Kathy Lorinc OWNER: Same 12442 SW 122nd Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre) LOCATION: 12435 SW 121st Avenue (WCTM 2S1 3BB, tax lot 6900) APPLICABLE LAW: Community Development Code Chapters 18.050.040, 18.050.050, 18.100.110, 18.102.020, 18.106.030(A)(6), 18.106.040(A)(2), 18.108.070, 18.130.040, 18.130.150(0)(17), 18.146.050, 18.150.020(E), 18.164.030(A) and (E), 18.164.070(A)(1)(a), 18.164.090, 18.164.100, and Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.3.1, 7.464, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Backaround Information: This residence is currently used as a Residential Treatment Home providing care for five persons. A Type I Home Occupation Permit (HOP 92-0002) was granted in 1992 for Joe's Car Sales auto brokerage. A sign permit was issued in 1990 (SGN 90-0132) for the use of the existing structure as an Elderly Care Home. A current business tax has also been paid for this use. No other land use applications have been submitted to the City for this site. B. Pronosal Description: The applicant proposes to build an addition on the rear of an existing single-family residence. A Conditional Use permit has been requested HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 1 0 0 to allow this residence to be used as a residential care facility serving a total of ten disabled and/or socially dependant residents. A portion of this expansion is proposed to project approximately two feet into the required rear yard setback. Therefore, a flexible setback variance is included as part of this application. C. Vicinitv Information: Properties located to the north, east and west are zoned R-4.5 (Residential 4.5 units per acre) and are substantially developed with single-family homes. The parcels located to the south are unincorporated and under the jurisdiction of Washington County. These lots are similarly developed. D. Existinu uses and structures: A single family residence and detached garage are located on the site. A circular drive passes under a covered unloading area in front of the home. A driveway also connects the circular drive to the detached garage near the rear of the lot. Two large cedar trees are located in the middle of the front yard, with a number of smaller landscaping trees and shrubs located around the residence. Tall eight obscuring hedges are present along both side lot lines of this parcel. III. APPLICABLE APPROVAL STANDARDS A. Communitv Development Code: 1. Chapter 18. lists Residential Care Facility as a Conditional Use in the R-4.5 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. BEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 2 • • 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. Section 18.130.ISO(C){171 contains the following additional Conditional Use criteria for Group Care Residential: a. Applicable zones: single-family residential and multiple family residential; b. Minimum Lot Size: 5,000 square feet; C. Minimum Setbacks: see applicable zone; d. Height Limitations: see applicable zone; e. Compliance with all state requirements; and f. Off-Street Parking: in accordance with Subsection 18.106.030(A)(6). 4. Section 18.050.050 (R-4.5 Zone) requires a minimum lot area of 7,500 square feet for each detached unit. The average minimum lot width is required to be 50 feet. Additionally, the required setbacks are as follows: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; garage to front property line - 20 feet. 5. Section 18.146.050 (Flexible Setbacks - Approval Criteria) states that a minimum setback requirement may be reduced up to 20 percent provided that the applicable standards are satisfied. These applicable standards are: a. the reduction shall be necessary to allow for the enlargement or remodeling of an existing building; and b. the proposed addition will not encroach upon an existing easement. 6. Section 18.106.030(A)(6) (Parking) requires that one parking space be provided for every three beds plus one space for each employee. This code permits up to 25% of the parking spaces to be compact parking stalls. Additionally, current Americans with Disabilities Ace (ADA) requirements require the provision of at least one handicapped parking stall if up to 25 parking spaces are provided. 7. Chapter 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Parking lot trees are to be planted in landscaped island in all parking areas and shall be equally distributed on the basis HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 3 of one tree for each seven parking spaces in order to provide a canopy effect. 8. Chapter 18.150 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 present rationale which complies with specified criteria in order to obtain approval. 9. 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. 10. Section 18.108.070 (Access and Circulation - Minimum Requirements) state that the accessway must be at least a minimum of 15 feet wide with at least 10 feet of pavement. il. 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(A1(1)(c) states that the Director may accept a future improvement guarantee in lieu of street improvements. C. Section 18.164.030(E1 requires a major collector to have a minimum 60-80 foot right-of-way and a 44 foot minimum roadway width, and 2-4 moving lanes. d. Section 18.164.070(A)(1)(a) requires sidewalks adjoining both sides of collector streets. e. Section 18.164.090 requires sanitary sewer service. f. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. 3. Policy 6.1.1 provided that the City shall provide an opportunity for a diversity of housing densities and residential types at various price and rent levels. Additionally, implementation strategy number six states that the City shall provide for HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 4 opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by allowing special use housing for these groups in all development districts and by requiring thee needs of the handicapped to be considered as a part of the Site Design Review process. 4. 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. 5. Policy 7.3.1 provides the City will coordinate water services with water districts. 6. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. 7. Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abut a dedicated street or have other adequate access; b. Street right-of-way shall be dedicated where the street is substandard in width; C. The developer shall commit to construction of the streets, curbs, sidewalks to city standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. NPO & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and has provided comments which are summarized in the analysis of Section 18.164 below. 2. Tualatin Valley Fire & Rescue has stated that the applicant shall be required to provide a diagram which accurately demonstrates the relationship between the location of the structure and the fire hydrant. HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 5 3. The City of Tigard Building Division, Tigard Police Department and Tigard Water District have reviewed the proposal and have offered no comments or objections. V. EVALUATION OF REQUEST 1. Compliance with Communitv Develoument Code. Section 18.130.040: The creation of a Residential Care Facility in an R-4.5 zone requires a Conditional Use approval. This proposal is consistent with the applicable approval standards. The site provides adequate area for the construction of the proposed expansion. There are no apparent physical obstacles to this use on the site. Adequate public utilities are available which presently serve this use which shall be addressed further in this analysis. Setbacks, lot coverage, and building height requirements of the R-4.5 zone, and the applicable Comprehensive Plan Policies can be satisfied by this proposal. Section 18.130.1501011171: The conversion of the existing Residential Treatment Home into a Residential Care Facility either meets or exceeds all lot area and setback requirements of this code section and the R-4.5 zone; with the exception of a two foot projection into the required rear yard setback which shall be addressed later in this analysis. This site is approximately 0.34 acres (14,8810 square feet) in area. The front yard setback of the existing structure is approximately 36 feet. The side yard setbacks are approximately 11 and 17 feet with the rear yard setback being approximately 15 feet with a two foot encroachment by a proposed rear exit door for the facility. Section 18.146.050 (Flexible Setback) is satisfied because the encroachment into the required 15 foot rear yard setback is approximately two feet (13.3 percent) whereas the code allows up to a 20 percent encroachment. Additionally, the reason for this encroachment is expansion of an existing Residential Treatment Home as allowed by this code section. Section 18.100.110 (Screening: Special Provisions) lists the specifications for providing screening for parking and loading areas. As shown on the landscaping plan, the existing landscaping will be retained. The present landscaping and front yard fence screens the majority of the front of the site from SW 121st Avenue. There are numerous established trees on this site including two very large Ceder trees in the front yard. In addition to the existing trees, existing hedges provide additional screening from adjacent properties. Therefore, this code section has been satisfied. 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. The applicant proposes to retain the existing trees and vegetation near the two driveway intersections with SW 121st Avenue. The trees and vegetation which are within the vision clearance area shall be either limbed up to eight feet in height or trimmed to a maximum height of three feet to provide for adequate vision clearance HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 6 0 0 for the driveway/right-of-way intersections. Therefore, this code section shall be satisfied. Section 18.106.030(A)(6) (Parking) requires the provision of four parking spaces for 10 beds, plus one space for the one on-site employee, totaling five required parking spaces. The location of the parking spaces as shown on the landscaping plan is not acceptable because the width of the paved drive is not wide enough to provide for both a minimum width parking stall and a 12 foot wide one-way accessway. The difficulty experienced by this site in meeting the minimum parking and circulation standards is not the amount of available impervious surface, but rather the configuration of this available parking. This site presently contains enough paved area to provide parking for approximately nine vehicles (11 vehicles if the garage is included). However, this requires stacking of the vehicles. Although the circular driveway provides some benefit in aiding a vehicle's ability to exit the site under stacked conditions, this configuration does not meet the code standard requirements. Code Section 18.106.040(A)(2) states that the approval authority may allow a reduction in the number of required off-street parking spaces in housing developments for elderly or handicapped persons if such a reduction is deemed appropriate after analysis of the size and location of the development, resident auto ownership, and number of employees. In a telephone with Mrs. Kathy Lorinc (co-applicant) on October 29, 1992, it was stated that the average number of visitors received by a resident of this facility is approximately one per month. In addition, the residents of this facility are no longer able to drive and therefore have no need to park a personal car on-site. Staff contends that due to both the nature of this facility, and the low probability of noticeable vehicular impact upon SW 121st Avenue as a result of the addition of the five proposed new beds, reasonable adjustments should be made to the application of the appropriate standards to allow the current configuration of the existing parking to continue to serve the proposed use without further modification. Furthermore, the creation of additional parking stalls, as specified by the development code standards, would require the use of existing front yard area, probable damage damage to or removal of the large cedar trees, and would cause the proposed use to further deviate from the appearance of surrounding uses. Section 18.108.070 (Access and Circulation - Minimum Requirements) states that one driveway is required with a minimum access width of 15 feet and a minimum pavement width of at least 10 feet. As demonstrated on the site plan, this proposal provides a 16 foot wide accessway and therefore complies with this code standard. Section 18.150 (Trees) requires permits for the removal of trees. The site plan does not indicate an intent to remove any trees from the site. If it is the applicants' intent to remove trees from this property, a tree removal permit shall be applied for and obtained prior to the removal of any such trees. HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 7 Section 18.164.030(E) (Minimum Rights-of-way and Street Widths) contains the regulations pertaining to street standards. The site is located on SW 121st Avenue which is classified as a major collector and has the following minimum standards (all distances are from right-of-way centerline): 30 feet of right-of-way, 22 feet of pavement, curb and sidewalk. There is currently 25 feet of right-of-way, approximately 16 feet of pavement, and no curbs or sidewalks. Section 18.164.030(A)(1)(c)(iiij (Non-remonstrance) states that a non- remonstrance may be granted if, due to the nature of existing development on adjacent properties, it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity. This application will not generate a significant increase in traffic volume so as to necessitate the immediate construction of street improvements. Additionally, due to the nature of existing adjacent development, it is unlikely that street improvements will be extended in the near future. The applicant should be required to dedicate additional right-of-way along SW 121st Avenue to increase the right-of-way to 30 feet from the centerline, and to sign a non-remonstrance agreement for future improvements to SW 121st Avenue. Public Utilitv Concerns: Sections 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: 1. SANITARY SEWER: The site is currently being served by a public sanitary sewer system. Therefore no conditions should be required for the public sanitary sewer line. 2. STORM SEWER: The only additional storm water run-off created by this development will come from the expansion of the single family house. The applicant should be required to meet the requirements of the Building Department for the disposal of the storm water. 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. Construction of an on-site water quality treatment facility is not appropriate for this site because the parcel is small compared to the development plan, and because the loss of area for the on-site facility would preclude the effective modification of the existing development on this site. In addition, requiring surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 8 0 0 and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in-lieu of their construction, would provide the required treatment with improved reliability and less maintenance. Therefore, the applicant should be required to pay the fee in-lieu of constructing an on-site water quality facility. 2. Comoliance with Comprehensive Plan Policies: This proposed Conditional Use complies with all applicable Comprehensive Plan Policies as follows: a. Policy 2.1.1 is satisfied because NPOs #7 and #3 have both been informed of this proposal and have been given an opportunity to comment. In addition, notice of the public hearing specifying an opportunity to comment has been sent to nearby property owners. The site has been posted with a Land Use Action sign noting that a land use development application is pending for this property. Public testimony regarding the proposal was received and duly considered at the Hearing Officer's November 9, 1992 public hearing. b. Policy 4.2.1 is satisfied because the City shall require a fee-in-lieu of the installation of an on-site water quality treatment facility. C. Policy 6.1.1 is satisfied because the purpose of this proposal is to provide residential care for some of the City's senior citizens and because adjustments to parking standards have been recommended in accordance with section 18.106.040 (A)(2) which, in this case, have taken into account the needs and requirements of these citizens. d. Policies 7.1.2, 7.3.1 and 7.4.4 provide that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. This conditional use permit proposal complies with these policies because such utilities are currently in place and are able to accommodate this site modification. e. Policy 8.1.1 and 8.1.3 provide that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This application complies with Policies 8.1.1 and 8.1.3 because the applicant shall be required to dedicate additional right-of-way on SW 121st Avenue and to sign a non-remonstrance agreement regarding a future LID to improve SW 121st. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request and proposed modification of this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 9 0 0 In recognition of the findings staff recommends APPROVAL of Conditional Use Permit CUP 92-0004 and Variance VAR 92-0019 subject to the following conditions. ALL CONDITIONS SHALL BE SATISFIED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE CHRIS DAVIES IN THE ENGINEERING DEPARTMENT, 639-4171. 1. Additional right-of-way shall be dedicated to the Public along the SW 121st Avenue frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 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 121st Avenue. 3. The applicant shall pay the surface water quality fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47; Surface Water Management. NOTE: The fee shall be paid prior to issuance of building permit; contact the Building Department for additional information. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. //-3 -cd -Q- Prepared By: Ron Potr roy Date AssistantJJPlanner lr j ..~~1 11-S-17-27 Approved By: Dick Bewersq~~ff Date Senior Pla ner HEARINGS OFFICER - CUP 92-0004 / VAR 92-0019 - LORINC PAGE 10 S GLAC/ER - rR. J 3.IL N N Na viIL ~I ir S.W. ! TONY _ C, WA E T CT S.W. Jw` CT. >UMMERLAKE 'PARK 1 S.W. -BURLHEIGH S . SUMMER ST. 5 I I I • ~ SUMMER CREST \,S.W. M E7TNNEEJC. ~ S G MARY WOODWARD ELEM SCHOO TARY N S.W i KATHERIt, 33!3.4 ~ n_- _ S. W. rr4 LYNN' S.W. ANN i L__! M N 4i Q ` Ln-aesc~c P~ 0 Lam.... L J ELDER-Pt"' CARE HO 'flit[ FLU FLOWED. BED BED PATIO GRAS S FLOWER BED 5 V 12-1 Awwyl O slim. ~;t;;~~,~ulE~?g;;?E?t~t~1?ttf3r3t;;xc;{;Ext~~!#3r~?~tf?clot;~~~~ ;:,k~, ; ` tip.,,,,. . . i I ~j i~ ~ ~ OI „ _ 1 ~jg "~►.r` t~- ' - f r ' . :•r Vj t I~: d E e. ~ ) - ~i N . 0 . a . a" r. . , N Z II h• ~ . ~ ' .r U ' , . _ : b. - V` - 1 T V ' i • . . • • . I, I . . _ I . • ; • . • . ~ 1 r • . J 1 I • • . ~ . • ~ ~1 • : • . • . • N . . r. , a '~T • a ~ ~ V` ~ i* . , • 1 • . • . • . i~ { ~ • • , w . i 1 { .Fr.r . ~ 1.1, ~ ' . ,1 1 ~ . • • . t{ •r e.. " Ak. • i . • • • • . i.i/~• • 1 ( • A • • • . • • . a ~ ' r L 4c ~ , • • . . • • • • ♦ . • . ' i,.1• . • • • • . • . • • . ~ !v t- r 1 3 Il . .Y. f v - . , _ . ~ _ } t./ _ .1 I ~I _ 1 11 ~ . I_ _ _ / I Q F _ , _ _ r ~ ' FO/MUA(1011 • . 'i4AtAAl 1. Gonerol: -_r_~~-'"~~" O~.h 1A~ een ll,mrlnn rat ~~~1.11nn.. Inr )s ,n.n~~f..}.reA M~~.. /nM{ fr..iww _ r, Sylte- ,Y...,-,,, y v r.~ r V... ---y Footing thicknesses shown on 't B. The Contractor she) I be rasDq ckreSSes shown on ina.ora'Ing;.D are minimum!. Concrete (pl".UjId((fgs«IhGI X91.. , compouna snerr 9p epDrroa rm'eaiarery,errer rrnar rYniSnrng. A: for shall be responsible (or su port of all t ' ary A. Concrete shall helve alA1q~A ~8-day field cured compresslve strerith of - s r T 1 2. Yerlfy locations of utility comectlonsr embankments and ezcavatlon3. and ezce.vetlons, 2,500ds~ ll'4+2,'u00 ps11.'` '6. ExVpt where detailed on the s ructurel drawings, reln}orcq ibnf shall not Y..r..rr B, 'At r en ttdi nod be displacbd or cut to provide clearance for penetrations, Inserts, or nge te ISf if aUS shot l be used for all concrete embednents. 2. gall: 3. Mechanical and electrical under sop 6rpta permits. A. ck}111 shalt Ge pieced In 6-, alt Ge pieced lm 6-Inch mextmunl Ilfts bM campaded toe ` eexposedl In tf,3 llnfshed i&u, than C eetthl femporetufes mlghf TUxdar I 1. The S ecltlcafions and Oravln y Indicate the finished stlutture: Th a' maximum density of 0% D- ~ maximum density of aplfmua man c/ I F^ J slay of 0% (under slabs-on ade) and 901 lelsew Orel of DD f ~ 7. The design, fpbricafton, Installation, and removal of concrete formwork Is yr C. Adnixtpres containing 0loride $alfs"shall not be usrd. 3 city of optimun moisture contact es deters t}I'ed4binxtkTo a solely the re pons lbIIIty of the Contreotor. r.. CoAtrxtor shed, be responsible for c+N~strucflon mattq s, plocedures,,' nd • Standard tgg. (l 1 1~ . condittgns (Including safety), except as specifically ndicated otherwise B. Sacktlll shall consist of non- o' 2, Concrete 35611 be of "Ready`-Mixed Concrete" rid shell can! eta ASihl ail consist of non-expansive, frye-draintnq, p~edofwahfly C94, 8. Anchor bolts cast In concrete shell amore to A$TM A301, In the contract documents. I ~~lenulhrmaterfals, f;ae of de terfalsr free of debris and an(c mate lair + ! , As A# time of placement con ate shall here a slump of } maximum Ip4r AA Ct 31, MILO STEEL RQINFORlrEMENt fOR CONCRETE ANO MASONRY S. CynstructlQn loads shall not cverload the structure nor shall they be In f 3, foot i ngs . bACess of the design Ioedingr r A. potings are slt,e4 for a maxim " I 9. All ~on refs stealf,to thoroughly ooosolt4oted dui(pg placert*nt u;tnq e a slte4 for a maximum tote load bearttq pra 4ure,of 1,000 , 6. the Contr"for shall verify 1 materials, dimensions, and conditions B; footing shell be placed ate d 'mechgn(iat vibrator. r`. 1. Mild steel rgrnforcement for concrete and madcnry construciloo shalt be placed ced at a depth to o ftxp to local cedes, 3. s' manufpcturered, detailed, fabricated, and pldcgy In iKoordance elth the f"l of be excavation pt shplG be drq h~ fool aperefionp CpAcrete eh placed halt have a #expereturo between 50 degroes f, 70 Bu114101 t04 Rbqutr nts for Relnforced C-oncrete" (AC1318) and the shown on the strinturel drawl gs or noted in the s aural, : The final 3" of excavation $ha specitlcetlons. In order to Ossure undisturbed Qeyraes f the tempera ftu~£rp of 'concrete ,durlhgg mixlny yrrnnsportlo " Str Manua uel St (A6 S151 andard Vr&tlce for, batblling ReldforceQ Concrete b. Footings shati be founded (4,.f 3. Thd Contractor, shat) rlyldly adhere to all lays, codes; and ordinances sureiundisturbed Daer(ng. surfecb;. 4 i6pll nverj be I' wet thpo AO degr.¢p# F. trot higher thA1f 9b degree F, S. d At Al-. rhfch apply to this work. soils. Conditions found t0 Owner. 8. All m ane1handled materneI components, fastener; assemblies, etc., E. the bottom surface of footings to 10.0 horlcontal, except as. obeli be handled and lost Iled In accordance with the manufacturer's y. No extpratlon shall be made to Irstructlons and provtsloAs of applicable IC80 Research Recommendetlons. verftcte and 3.0 harntontal,.e v 0. hl1 gr0un4 oar WOO foDtlns g. The Contractor shall Investigate the site during cleating and earthwork shalI f" free or e«panslv'e ar oplrations for filled eicavations or burled structures such as cess n mater II to pools, cisterns, foundations, etc. t of , H. 'lo footing and slab-ph-grade c i f,roten ground, Sub-grade for ' CMtrete nlaCernntr 6 _ P,c k1u~lR.o. ~~~.o. ~-I N-r. ~~1~T ~1~ ~--,,mss ~J~a~N Nw~Nr T~~u [~a-rc-~~ NoT~~ t~~-r~t .Q ~O D u ~ ~,p ~1 >.~0~ _~n 1"i~L~.f~P~12A ~}CI`.~T~.j/-'T ~ 3-d a moo! Pj a 13/4n IN`.~--ll--lS'f~~ ' ~ i ~I ~ ~+~tT/sre.F1~ P~.C~ p n ~ 4' ~Or' ~y ~•,~IL~G-~4~.,T7512a Z a.~-'_ p ° ~o'_ g" ~ '~~~n c`~1..ID J~-~ -~-~I~.L G ~b~- o " <I : o fd- Miu~b.K,o552o c:~.~r-rte 3 co" ro" l 3/2~' H~-~w wc~ a Fca--n ~'-C~" ion io~~ Mi~c-rn.rzn~~o ~a..~o~r~~. 1-,A~/.4 E 2'- G?" M ILG~-t~.5-IZO GI r GLE 5 2~, ~ _ l 3/b' NoG.lf~t..! l,.l~ : - ~-!o'i' ►^1 I. F~-~ H~=~,.~...~(~ ~Ty.~~... 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RD n1 _ d_ ft. 6 Jhcbes= tra gacb ~tnpf 1' z 6. b.` 11- r excopl as shorn ot4i oR the draringl, g'11.11 4dd o SR?n : )s n" Q,Ird9so .t .each ncefna/ 3 x B. 4ad.r3 r iov°,an0 t° n d fdtG_. f '"l }fi 4^, , ..a- r r• Y ¢rwr vrw~ ,a ru a av ia rq ra rn n• 4 4 Cp 6 d•F~ dl ppne,l pf, th A e S dd Ifpa thf+ fa40 Oh th . u t. - win ' yp of !24 o S± atzlntat p a t s AAA $°cCUta for rro{ ne}.ste■aul)n not arsrrun atcofdanc9 rlttiy;fandard Creding,Rules of WwPA d~;Rula SDPP3. 0 4.(t..O (pc14e31 f 9 ~f hootnal. i.x.IQ~ - m. I I t No. L16, of WCl~, a} foJlgr;At 0 (t. and longaf spgM: it~P a ftudf at eacfi:ehd of Headed qt i d6Qs'u► rajpt ar6 pn 3 4'ral 1 ,r afi tbq depth OI fhe tgtch. t61ei`IR JOlstt, Dloai, and 9ffdnrs shall npt bd larger 6Q o(J q,t. 3t 41 pl°tep, la Olppoter than i/14 the depot Q/ tho mam¢or apd shO11 be la°tod rlthln tho 5q A III rlf h r tep}el h ~ ~ ~ lyht Flaislny - No. 9'04 batter. i ~ . A9af; Pa41t, 9n4 qf•:2• , c...'.. _ , , . tder_ard l ~vt df ifeA at`h J f~_ AI. g nd~la ~i.t~ S/6 i ilt l 1ha sp6n. ll) hotos Shalt. 6erPOnterod +ithln the ds6th of tho ~dim, ' • s No. 2 nod baiter (Light°framingl. w.~.,.. y. e•_'ktsfi qn4 i ~s N TI' and Dotter. I~y~ Q I v d. %am$ a¢d StrlnQgrs,= Dense No. 1 and better, Joist to Sl ll or Girder x toe Pell I~164 cr= 9.d C~ -I - e.: f$sis ahdlla~pers - Oanse No. I and Daftef• > 5 Bjld9lnQ t4 Joist. -fog. naJl erlch @R~dt:::, _ 2*B4: 9lodln 1. AI I'2".lumDel snail oo se sd to ig{ ma;fmun ngfsfure 9 1=16d h,JAlsis of fads ~.ond nalt .1 1 ed 01sti Of Suds, 2-I t. • content. eibdt(o9 ~$enf ( 4+... 0d•.: 1 Ali wood to conf t rlth St11,Plate to Joist" or 910dilny < fact nall! 16q / 16• c,cs 4G , . .ogncfete, masoprf or Solt shall, , De pros;urd treated per V6G Standard 25-12. l00;40 Si i PlatY * 0n npil a 4•Ibd Stud to $1 1 ?1gte t' ndl B. Gluad-lanineted.gembers'shall tie Douglas fir-Larch on equal, ( 3-16d or 4-8d r Doubled fay Plot, - fact nalI con form! xlth AITC tbJ-70 and CS.-253-64 fabricated with vet- s Top P r uzP. Ibd l 14" t , CJ nqv. use ad nd Inter fore , 14d - I.. hasi 1to e , .a # . Ipyi ~ ;esf Ions n 2~ p , 11a0 on t8e Da I'l 9 ~1sts fo:alate to~ noIt- 1.16d or k8~ a4a, Inaflon #If unless otherwise specl t 9 4tvI s - tes editions • fate na drawings. A P,D ll J-16d: , C. QII plYropd'shall peCfPA cede marked to c If P rlfl1 P5' 1-66 -CelHod Joists • t0 araItoI of,tars f 4e a Pell a"P k16 Of LI`a a d X1.,...1..1 , " ► H and shell R a Dq Standard C-0, flat;, rlfh exterior : type 91us. after td P)atd. p41l 3-BA 0. Light tfa6ar degkftq_hall, b}'coifructed rtt "tong and C4rA',~ Stv:S face ngll i64 8'16w 0.4 . groove Qlanks grado s d'Yd6 of Yr~A t R4oE Jolah to Plate - t na I f.- +Kf Or ,406 tgls der .3-Ib4 decking. ln9,sr It ` fold' In a iY I Pe 1r atfafe .rordoel y d 1 16" ts and HPa~'+ face nail to each other 16 a .co y, spaced and oe ched. d joints with each plank bearing 0o at ;fay r top and be _ PRort). least.one'fu ~oubla and triple Stud Column • fate mall to aach other 164 240 t. stag red 8q)II-Up Beams and Girders 5' 204 J1" a,cr sfo red top, *4 bQt o1 and 2 ~~04 Sizes not9d above refe ends and sP MIS of, to Cowion N I s, lot Etox . s „1taI Increase to next - _ I larQeP, Ra.cc lnsdea9a qupfltlty_bk,21f. . f ,k 1 1 `P_ - N ~t f i Z c; j ~ ~ j I ~ i i I _ ~'I ~ II i ~s,~ ~ L .e r Z ~ - IiI T cv k NNU~ ~N pN 1 (Q fio=~~ o~ ~ ~ I'.  { i ~6 a 6 ~p~Q C ~ - ~ ~ - - I U I I I ~ L Np f h XS ~ .`P{ ~ C a - sp - ~gC C I i I I i BRIAN A. SYMES ARCHITECT A.I.A. ~`~~~a CORING RESIDENCE e r. srM~s ~J., 6625 CURTIS AVE. PORTLAND, OREGON 72435 S.W. 121 St. AVE I i (503) 285-0598 - 9 ~o~p ~U~`~ TIGARD OREGON j., ~OFOR~' I - L i 1~-~~ i ..r 0~ NL Q ~ ~f S 5~ A ° lA px ~ o~ 6 l ~V@o i N C~ i ~ ~p~ 428 ~9" A cl l~ N ~ I - k`U a q_ ~N G~ r ~ - ~ ~N i 3:a, Z ~ ~ ~ \ s N N,/r !?~p ~r - ~ ' i~ pF ~ m ~ 8,.0„ ~,~,c i, 1 ~ ~ ~ ~ N tt m ~n ~ cu ;i ~ ~ rn ~ - s ~ r - ~ 2 ~ To S~.IS F~-. ~ ~ ~ 0 - ~ ~ 3 Q~ s ~ ~ . _ ~ ~ _ ~ ~ _ N - ; ^ _ ~ ~ S~. 4 ll ~ N I ~ _ . - ~ _ ~ ~ ~ Q W - p f i~ N ' ~ ~ r f ~ I r=s S y' . ~ $ 1 S S - 1 c°~~~9 s ~---1 _ ~ _ ~s 3 Am Sa 8~-3%° r To scaa ~C 7~ 6 N ~l ~ ~ ~ V~ ~ ~ 1 BRIAN A. SYMES ARCHITECT A.I.A. ~ ~ A~`~% LO(~INC ,.RESIDENCE C seitin .a. sv ES r~ • 6625 CURTIS AVE. PORTLAND, OREGON ~ 12435 S1{V 121 St: AVE. PoRruno.o coa,= TIGAR'' ORE~ON (503) 285'=flS9$ , ~9~'OF OR~~ i P I I l ~ g .zo. ~ ~ \Qm ~ II,iIIII ~ \ p I III I p ~ . ~ ~ i ~ Iii III, 3~ ~g~~~ . ~ o II p ~ z z Z yfi II Z 4 L ~ F ~I~I J I ~ ~ cn o~ ~ Q 1 x~~4z ~ ~ a -l P ~I _r, g L sC~ b m -~Q~~ e o m ~ ~~I < ~I m ~ ~~li ~ ~ O~~  ~ ~ Q- ; ~r~ ~ ~ ~ - ~I o p L~ ~ _ p ! _ ~ ; J m~ lI z f N a N N N _ ~ _ j~'~1`. ~ ~1 ~ _ ~ . i ~ II ~ ` . L} ~ . ~ _ - 1~ Z~ i, f _ ~ ~ ~ ~ ~ ~ i Y J 1 ~~.i~: ~ I i ~ IY I.~ li ^ , ✓ ~ . I N Jf 1 4I 2-oY f 1 i_ I I t -BRIAN A. SYMES ARCHITECT A.I.A. .~~~~`yf~ LORINC~ RESIDENCE V,~R,lAN A. S S 6625' CURTIS AVE. PORTLAND, OREGON' ' ` 12435 S.W.121 St. AVE. Y I f i i (5~3) 285-0598 ~POaT~tio. o .~oN ~ TIGA~RD OREGON 9~'OF O~~CV 6