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Hearings Officer Packet - 12/12/1994i • CITY OF TIGARD OREGON TIGARD HEARINGS OFFICER PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). ASSIstive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call 639-4171, Ext. 320 (voice) or 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 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 HEARINGS OFFICER - 12112194 PAGE 1 OF 2 hA1og1n%pattylagho1212.95 • r CITY OF TIGARD HEARINGS OFFICER DECEMBER 12, 1994 - 7:00 P.M. AGENDA CALL TO ORDER 2. PUBLIC HEARING 2.1 CONDITIONAL USE CUP 94-0008 MAGNO-HUMPHRIES LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). A request for Conditional Use approval to allow a 3,952 square foot addition to an existing 20,110 square foot building. This site received Conditional Use approval to allow warehousing and food processing on October 14, 1986 under Conditional Use Permit 5-86. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, and 18.164. ZONE: CBD (Central Business District) The CBD zone allows civic, commercial, and residential use types. The primary purpose of this zone is to provide for a concentrated central commercial office and retail area which also provides civic, high density residential, mixed uses, and limited industrial uses. 2.2 SUBDIVISION SUB 94-0005 SENSITIVE LANDS SLR 94-0007 DALTON/BURGE LOCATION: Approximately 700 feet south of SW Walnut Street, west of SW 132nd Avenue, east of SW 135th Avenue (Hillshire Estates), and north of Benchview Estates (WCTM 2S1 4, tax lot 600). A request for approval of the following development applications: 1) Subdivision preliminary plat approval to divide a 13.7 acre parcel into 47 lots ranging between 7,500 square feet to 13,000 square feet; 2) Sensitive Lands Review approval of preliminary plans for grading and road construction of portions of the subject property that exceed 25% grade which contains a drainage swale. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3; Community Development Code Chapters 18.50, 18.84, 18.88, 18.92, 18.96, 18.100,18.102, 18.106, 18.108,18.114, 18.150, 18.160, and 18.164. 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 HEARINGS OFFICER - 12/12/94 - PAGE 2 4PPUBLIC HEAR1& NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 24. 1995 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: CITY OF TIGARD FILE NO: CONDITIONAL USE PERMIT (CUP) 95.0002 FILE TITLE: MAGNO-HUMPHRIES ADDITION APPLICANT: Thelma Humphries OWNER: Same 8800 SW Commercial Street Tigard, OR 97223 REQUEST ► A request for a Major Modification to the approved Conditional Use Permit to allow a 15,000 square foot warehouse building on a site with an existing warehouse and food processing use. LOCATION: 8800 SW Commercial Street (WCTM 2S1 2AD, tax lot 1203). APPLICABLE REVIEW Community Development Code Section 18.66, 18.96, 18.100, 18.102, 18.106, 18.108, CRITERIA: 18.120, 18.130 and 18.164. ZONE: Central Business District (CBD). The CBD zone allows a range of concentrated commercial office retail, high density residential, mixed uses and limited industrial uses. .......rte 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 - TELECOM MUNICATIONS,DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN CPA 95-0002 MAGNO•HUMPHRIES, INC. Thelma Humphrles ADDITIONAL INFORMATION, 0 SE THE PUBLIC HEARING AND TA CTIQN ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER APRIL 4. 1995, 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 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT LEAST SEVEN 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 PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILL WANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. ~f ~I ~lL mr~- a w 0 0 z z z a a 0 a c~ LL 0 U CPA 950002 MAGNo-HUMPH RIES, INC. Thelma Humphries 0 0 'City of Tigard 13125 SW Hall •Tigard,Oregon • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' • Kathv Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of tha Tiaard-Tualatin Tin a newspaper of general + irculgtionn as defined in ORS 193.010 and 193.020; published a Ticrard in the aforesaid county and state; that the Cnridi_ ional Use CUP 94-0008 Maano HumDhr 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: December 14994 Subscribed and sworn to b e me this st day of Decem Notary Publi r Oregon My Commission Expires: AFFIDAVIT COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 664.0360 BEAVERTON, OREGON 97075 Legal Notice Advertising • ❑ Tearsheet Notice Blvd. 97223 • ❑ Duplicate Affidavit Legal Notice TT 8 0 5 6 RJECEIVEII DEC 6 1994 .CITY ®I TI~ARla The following will be considered by the Tigard Hearings Officer on Monday, December 12, 1994. at 7:00 P,M. at Tigard Civic Center - Town Hall, 13125 S.W. Hall Blvd., 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 CONDITjoNAL USE CUP 94.0008 lu--ar o-HUMPHRIES LOCATION: 8800 S.W. Commercial Street (WCTM 2S12AD, tax lot 1203). A request for Conditional Use approval to allow a 3,952 square foot addition to an existing 20,110 square foot building. This site received Conditional Use approval to allow warehousing and food processing on October 14, under Conditional Use Permit 5.86. APPLICABLE REVIEW CRITERIA: Community Development Cade Chapters 18.66, 18.100,18.102, 18.106,18.108, 18.120, 18.130, and 18.164. ZONE: CBD (Central Business District) The CBD zone allows civic, commercial, and residential use types. The primary purpose of this zone is to provide for a concentrated central commercial office and retail area which also provides civic, high density residential, mixed uses, and limited industrial uses. SUBDIVISION SUB 94-0005 SENSITIVE LANDS SLR 44-0007 DALTON(BURGE LOCATION: Approximately 700 feet south of S.W. Walnut Street, west of S.W.132nd Avenue, east of S..W.135th Avenue (Hillshire Estates); and north of Benchview Estates. (WCTM 2S 14, tax lot 600). A request . for approval of the following development applications: l) Subdivision preliminary plat approval to divide a 13.7 acre parcel into 47 lots ranging - between 7,500 square feet to 13,000 square feet; 2) Sensitive Lands Review approval of preliminary plans for grading, and road construction on portions of the subject property that exceed 25% grade, APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 3.1.1, 4.2.1, 7.1.2, 7.2.1, 73.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3; Community Development Code Chapters 18.50, 18.84, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108,18.114,18.150, 18.160, and 18.164. 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. TT8056-Publish December 1, 1994, NOTICE: AGENDA ITEM: OWNER/APPL LOCATION J • C/a a-1031 TI0RD HEARINGS OFF ER ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT) p-~- CASE NUMBER(S): AST - l l~ U 7M 14<1 I R72f DATE OF HEARING: FAVOR OPPOSE Name ~'f Name 1 io,ym 1'e Address • ~~p~~J CI.~/. ~~S~J E Address Name \ I E:V a 'N. ' rACrON3 Address ~4oro A Sw 4MLrY.F sr Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address v / SJ f /~//C~~L(: Name VMC~ Address 13 ST?, Cad 4x Name Address Name Address G7, rffl Name 1 ,-A Ij Address ; -15'61 Z 0U Name C/kf Aa 5&~UA-r Address 3S(v 3 Name ` U / VI Iii Address I 0u Name I Address PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE T I R D H E A R I N G S O F F E G NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Pleas PRINT) AGENDA ITEM: CASE NUMBER(S) : OWNER/ APPLICANT: LOCATION: ri / l r NPO NUMBER: DATE OF HEARING: PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE FAVOR OPPOSE Name 1 ~7ro t~ ~-J kAw" Name Address 1,4 o 'r=" S 'S Lo I Address ►~a nom. '97Z23 Name Name Address I Address Name Name Address I Address Name Name Address I Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address I Address Name Name Address I Address 43 tj- _0 -.R 'i r' BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a conditional use permit ) FINAL ORDER to enlarge a distribution and storage building in the ) CBD zone at 8800 SW Commercial Street ) CUP 94-0008 in the City of Tigard, Oregon ) (Magno-Humphries) 1. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit to add 3952 square feet to a roughly 20,000 square foot building for processing, storage and distribution of food products, particularly vitamins and drugs. The property was used as the Prairie Market Grocery Store until 1982, when the City approved a conditional use permit for storage and distribution of food products. In 1986, the City approved a conditional use permit for processing of food products on the site, too, and the building was modified and enlarged. The applicant now wants to enlarge the building to further expand the processing use on the site. No change is proposed to the 100-space parking lot, except to add landscaping. A future application may be proposed to reduce required landscaping, but that application is not relevant to this conditional use application in this case. Hearings Officer Larry Epstein held a duly noticed public hearing regarding the application on December 12, 1994. City staff recommended conditional approval of the permit. Jim Nicoli and Jim Andrews accepted the City staff recommendation without objection for the applicant. Two other persons appeared in favor of the application. LOCATION: 8800 SW Commercial Street; WCTM 2S1 2AD, tax lot 1203 COMPREHENSIVE PLAN AND ZONING: Central Business District APPLICANT AND OWNER: Thelma Humphries APPLICABLE LAW: Community Development Code Chapters 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.132, and 18.164 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approve U. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Reported dated December 6, 1994, and the NPO and agency comments in Section IV of the City of Tigard Staff Report dated December 6, 1994. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section III of the City of Tigard Staff Report dated December 6, 1994. Page 1 -Hearings Officer Final Order CUP 94-0008 (Magno-Humphries) t i IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on July 11, 1994. 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. 2. City planner Mark Roberts testified for the City. He summarized the staff report and recommendation. 3. Jim Nicoli and Jim Andrews appeared for the applicant. Mr. Nicoli accepted the staff report without objections or corrections. Stan Baumhofer and Marlin Henderson also appeared in favor of the proposal. V. EVALUATION OF REQUEST 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 December 6, 1994. VI. SITE VISIT BY HEARINGS OFFICER The hearings officer visited the site and surrounding area. He observed the existing access to and structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. 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 other reports of effect agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 94000 8 subject to the conditions of approval recommended in Section VI of the City of Tigard Staff Report dated December 6, 1994. ber, 1994. LA& Page 2 - Hearings Officer Final Order CUP 94-0008 (Magno-Humphries) Larry Epstein A~CP City of Tigard eari s Officer 0 0 AGENDA ITEM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Magno- STAFF REPORT Humphries to build an addition to CUP 94-0005 an existing storage and distribution VAR 94-0003 building. 1. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 94-0008 (Major Modification) SUMMARY: A request for a major modification of the approved conditional use permit to construct a 3,952 square foot expansion to the existing facility. APPLICANT: Thelma Humphries OWNER: SAME 8800 SW Commercial Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District LOCATION: 8800 SW Commercial Street. The southwest corner of SW Commercial Street and SW Hall Boulevard (WCTM 2S1 02AD, Tax Lot 1203) APPLICABLE LAW: Community Development Code Chapters 18.66, 18.100, 18.102, 18.106, 18.108, 18.120, 18.1300 18.132, 18.164. STAFF RECOMMENDATION: Approval subject to conditions. 11. FINDINGS ABOUT SITE AND SURROUNDINGS A. Background Information: Prior to the current use the property had been used as the Praire Market Grocery Store. This property was remodeled for the current use under a Site Development HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 1 0 0 Review approval in 1982 which added 1,920 square feet. In July of 1986 the City Council heard a zoning interpretation of the conditional permitted uses permitted uses within Central Business District. The City Council found that production aspects of the food processing use was secondary to the warehouse and distribution aspects of the use. The Council interpretation required that applicant apply for Conditional Use Permit approval. In September of 1986 Conditional Use Permit 5-86 was approved subject to conditions which permitted the current use a vitamin and drug processing use. Through the Conditional Use Permit an additional 620 square foot expansion was permitted along the southern elevation for reception and conference areas. General office space within the existing building was also created at that time. B. Site Size and Shape: The subject parcel is 1.80 acres. The site is roughly rectangular in shape with direct street frontage along SW Commercial Street. The parcel adjoins a smaller remainder utility parcel which adjoins SW Hall Boulevard. C. Site Location: The site is located at 8800 SW Commercial Street which adjoins the parcel located at the southwest corner of SW Commercial Street and SW Hall Boulevard. D. Existine Uses and Structures: The property is developed with a 20,110 square foot industrial building and 100 parking spaces. Properties to the south, west and north are all zoned Central Business District. Properties to the east are zoned Light Industrial and are developed with industrial uses. E. Surrounding Land Uses: The property to the north are developed with a mixture of single family residences, multiple family residential uses and commercial uses. The property to the west is developed with a car repair business. To the south the site abuts the railroad right-of-way and the Water Department facilities. III. APPLICABLE APPROVAL STAN DARDSIEVALUATION OF REQUEST HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 2 0 0 A. Communitv Development Code: 1. Chapter 18.66 the Central Business District permits Storage and Distribution Uses subject to approval of a Conditional Use Permit. The proposed expansion is to provide additional storage areas which was the primary use permitted through the 1986 Conditional Use Permit for this facility. Chapter 18.66 states that there are no minimum lot area or lot width requirements. There are also no setback requirements except for a 30 foot setback where a commercial building abuts a residential zone requires a minimum of a 30 foot setback. There are also setback criteria to address clear vision and parking lot screening requirements. This site does not abut a residential zoning district and is required to maintain this setback. The applicant has not proposed to construct new structures within the clear vision area. The existing landscape buffer between SW Commercial Street and the parking lot provides sufficient screening of parking lot uses. Condition of Approval #2 requires additional landscape materials within the area adjoining a parcel along SW Hall Boulevard. The location of the addition itself does not adjoin parking lot areas and therefore does not impact parking lot screening. Chapter 18.66 also restricts the percentage of structures and impervious surfaces to 85%. The addition as proposed would develop 84.72% of the site with impervious surfaces which complies with the requirement. This chapter also restricts building height to 80 feet. The addition as proposed is designed to match the existing structure and would not exceed 22 feet in height. No residential uses within the Central Business District must also provide a minimum of 15%a of the site with landscaping. The applicant has proposed to provide 15.28% of the site with landscaping to comply with this requirement. 2. Chapter 18.130.050 (B) sets forth the criteria for determination of the type of modification review process required which is based on the nature of the proposed site and use modifications. This expansion is a Major Modification review is required because the proposed 3,952 square foot addition is an expansion of greater than the 10% of the existing floor plan as stated in (B)(6). HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 3 0 0 Because a Major Modification review is required Section 18.130.050 (C) states that a new Conditional Use Permit application shall be filed and reviewed in accordance with Chapter 18.130.040 which contains the following general approval criteria for a Conditional Use Permit: 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 Site Development Review are met. b) The use will comply with the applicable policies of the Comprehensive Plan. The Conditional Use Permit is subject to the development standards set forth within the Central Business District. The proposed expansion to the existing use is expected to have minimial additional impact due to its limited size and the proposed storage use of the expanded floor plan area. All required public facilities are available to serve this development as proposed. All applicable standards of the zoning district are met by this proposal as reviewed within this staff report or as required by the proposed conditions of approval. The use complies with the site development standards set forth within the Development Code. HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 4 0 0 3. Chapter 18.64 specifies that the minimum landscaping requirement shall be 15 percent. The applicant requested that the requirement for landscape islands within the parking lot be deleted due to the Farmers Market activites which take place on the weekends. Based on their proposed location and because the 1.80 acre site provides two of these planters it is not expected that the landscape islands would significantly alter the function of either the current industrial uses on site or weekend community uses. The overall landscape plan proposes additional landscaping in excess of the 15% minimum standard for landscaping. Two revisions should be incorporated into the landscape plan, Condition of Approval #2 requires that a variance application be filed should the applicant wish to pursue deletion of the landscape islands. Condition of Approval #2 also requires that additional matching ground cover be provided along the property frontage adjoining a remainder parcel which abuts SW Hall Boulevard. The remainder parcel is undeveloped and allows direct visibility of the extensive parking lot as viewed from SW Hall Boulevard. 4. Chapter 18.100 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. The minimum required spacing is 20 feet with a maximum spacing of 40 feet depending on the size of the tree. The landscape plan indicates that a total of six to eight Vine Maple tree are to be provided along the landscaped portion of the site frontage on SW Commercial Street. Because the landscaped portion of the frontage is 495 feet a minimum of 16 medium sized trees should be provided along this frontage. Based on their size at maturity a Vine Maple tree would be considered a medium size tree which can be spaced no greater than 30 feet apart. Condition of Approval #2 requires that a minimum of 16 total Vine Maple trees he provided along this frontage. 5. Chapter 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. The site plan does not propose any new structures or landscaping within the vision clearance area. HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 5 0 0 6. Chapter 18.106 (Parking) states that the parking ratio for this type of office shall be provided for at a ratio of one space for each 1,000 square feetof warehouse, storage and distribution use which requires approximately 21 spaces based on the proposed floor area. The Development Code also requires 1 space for each 200 square feet of office area which requires an additional 18 parking spaces due to the size of the existing office space for a total of 39 parking spaces. The site plan provides 95 parking spaces which exceeds this requirement. 7. Chapter 18.106 (Bicycle Facilities) requires a minimum of one bicycle parking space for each 15 required automobile parking spaces for any development. A minimum of of 39 parking spaces are required to serve this development so a minimum of three bicycle racks are required to be provided to serve this facility. Condition of Approval #2 requires that a minimum of three bicycle parking racks be provided to serve this facility. 8. Chapter 18.108 (Access and Circulation) requires a minimum of a 30 foot access width standards for this type of use. The current access location and width complies with the access width standard for a two way access driveway. The proposed site plan does not currently designate pedestrian walkways either to adjoining streets or adjoining developments. Based on existing development constraints due to the elevation of adjoining streets and the adjoining railroad right-of-way no new pedestrian walkway connections have been recommended. 9. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. It requires a minimum of two disabled person parking space if up to fifty (50) parking spaces are required. Two new handicapped parking spaces are shown on the plan located at the main building entrance in compliance with this requirement. 10. Chapter 18.130.040(C) provides that the Hearing's Officer may impose conditions on an approval such as limitations to hours of operation and design features to minimize environmental impacts. Based on the impacts of the existing use and the type of modifications which are proposed, no additional conditions of approval are recommended to address specific facility operations issues. 11. Chapter 18.164 contains standards for streets and utilities. HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 6 • • 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 Minor Collector street to have a minimum 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of a collector street. 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. The Comprehensive Transportation Planning Map for the City of Tigard designates SW Commercial Street as a Minor Collector Street previous development approvals on this site have deferred street improvements along SW Commercial Street based on line of site issues due to the elevations of SW Commercial Street towards the intersection of SW Hall Boulevard. Based on the location of the existing building as it relates to the current public right-of-way it is not possible to develop a separated sidewalk parkway design. The use of this design was discussed within the 2040 Regional Design Image for this area as addressed by Tri-Met in the review of this project. The Engineering Department has reviewed the street and public utility requirements for the area and have recommended conditions of approval in accordance with the standards set forth in the Community Development Code to address the standards set forth in Sections a through e. IV. OTHER STAFF COMMENTS The Engineering Department provided the following comments: FINDINGS: 1. STREETS: HEARINGS OFFICER - CUP 94-0006 (Major Mod.) - MAGNO HUMPHRIES PAGE 7 0 0 The site currently takes access from SW Commercial Street, a Minor Collector street as shown on the City Comprehensive Plan. The existing right-of-way is 60 feet wide and no further dedications are required. The existing improvements in SW Commercial Street consist of an asphalt concrete roadway of unknown origin which is in poor condition and should ultimately be re-constructed. In addition, the existing roadway bed has been constructed to a vertical alignment that is inconsistent with the standards of a Minor Collector and the street should be lowered along the site frontage, between SW Ash Street and SW Hall Boulevard. The new site plan proposes the construction of the building addition only, utilizing the existing on-site parking lot improvements and the existing single driveway onto SW Commercial Street, near the easterly edge of the existing building. The site is not contiguous to SW Hall Boulevard and no access is proposed. Although no street improvements are proposed with this minor change to the existing use, the applicant should be required to execute an agreement that waives the property owner's right to oppose or remonstrate against the formation of a future Local Improvement District to improve SW Commercial Street. 2. SEWER: The existing eight inch public sewer in SW Commercial Street provides service to the site and no changes are proposed. 3. STORM DRAIN: The site currently drains toward the existing railroad track area, contiguous to the site along the southerly boundary and no changes are proposed. V. CIT & AGENCY COMMENTS 1. Tri-Met has provided the following comments concerning this application: Given the site's proximity to the Tigard Transit Center and nearby pedestrian destinations, it is critical that the project include adequate pedestrian related improvements along property frontages. The street network and local destinations in central Tigard are particularly well suited to creating a viable pedestrian district if appropriate infrastructure is HEARINGS OFFICER - CUP 94-0008 (Major Mod_) - MAGNO HUMPHRIES PAGE 8 0 0 provided. This was illustrated as part of the 2040 Regional Design Images plan for the area. It is my understanding that there has been some discussion regarding lowering the elevation of SW Commercial Street to improve vehicle site distances. Given the long term and unclear funding source of that project and the high level of existing transit service in the vicinity, it is Tri-Met's recommendation that the developer be required to complete all frontage improvements to ADA standards. It is also Tri-Met's recommendation that a four foot wide landscaping buffer be provided between the sidewalk and SW Commercial Street as illustrated in the Regional Design Images work of Calthorpe Associates. The property owner would be responsible for maintaining this buffer area. Street trees should be provided within this buffer that are of appropriate species to avoid conflicts with vehicle circulation while providing weather protection for pedestrians. 2. The Water Department reviewed this application and required that an additional fire hydrant be provided so that all portions of the building are within 250 feet of a fire hydrant which is the current standard. 3. Genenral Telephone, the Tualtin Valley Fire District, the Police Department and the Maintnenance Services Department reviewed this application and had no comments or objections. 4. No other comments were received by the Planning Division. 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 the proposed Major Modification to Conditional Use Permit CUP 94-0008 subject to the following conditions. ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF HEARINGS OFFICER - CUP 94-0008 (Major mod.) - MAGNO HUMPHRIES PAGE 9 • • CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON IN THE ENGINEERING DEPARTMENT. ALL STAFF LISTED CAN BE REACHED AT 639-4171. Recommendations: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. THE FOLLOWING CONDITION(S) SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. 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 Commercial Street. STAFF CONTACT: Diane lelderks, Engineering Department. 2. The applicant shall submit a revised site and a landscape plans that shows provision for the following: a. The applicant shall obtain variance approval for deletion of the two landscape islands proposed to be located within the parking lot. b. A minimum of three bicycle parking racks shall be provided. C. Additional matching ground cover be provided along the frontage which adjoins a remainder parcel along SW Hall Boulevard. d. A minimum of 16 total Vine Maple street trees shall be provided along the site's SW Commercial Street frontage. Presently 6-8 trees have been provided. e. All site improvements shall comply and be maintained in accordance with the revised site plan or as approved by the Planning Division. STAFF CONTACT: Mark Roberts, Planning Division. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 10 0 0 e-7~ 12-4-4v PREPARED BY: Mark Roberts DATE Assistant Planner qnc,ck APPROVED BY: Dick ewersdorff DATE Senior Planner HEARINGS OFFICER - CUP 94-0008 (Major Mod.) - MAGNO HUMPHRIES PAGE 11 EXHIBIT A i s Sr C OMMEN AL STREEr Face - PAWMENr lx~b':va Tl rtneaeo dOMIgCN V~VbcwP¢o w.Pa` faM4lbP.V EDO~ /IdMV"g 90" .•:l nDgLw~l~/.Rl.~ 4 LJRG n,.- s~- RM'Fr I e `f~iJ1~a MTta4RTL~~ I T• y .I I ~ . t r~ x.no~ose iN„•Lww.n . ~ I ~ 4e erica • ~.'•e'.' a+w='f" LL~~ _ ~ A 4~ 1. ~>su.v - ne:i.~e~SL+°eo:>u~~~cs!o . Z I I I I ~ E..a . BULCEi6 I I A.~ MLIID &F. ppoposm ADDWM ' SH TLI.I. PVRB wt-f( 00- r i i , , sAn ar. - ' cw~+~Pr i'eT'B sa etiLle ris:s . •279: f' 8, k (:G.CtP-~ iii' LMGb'I`/~D Id.~NV ► L'YJt.40. ~Lla:'E LpbMi4~ADlA II ~9CC7E PNwTl76rRP80~'K (nLlHe MWA '11 Nop. SL.n) rleAi.aQw9 ..f. u~ -If SITE PLAN moire v~.rA,. , 6Wr y~ 4i2 3 r DY16L)INGM- D9.Oi1 'AP PAVEV Ap&► ~,R47 Sv •~SlJl7) LkKDWAFW "L.-i1~79'! 9.F 1►jDt'b~ PAfIfJMq tC ! 1 • ~34ruuyn) ' - If' .'~e..O~kLI rtgy16 O fOR WIp1 •/N'ED glM/V6 j. PLOT PLAN EXHIBIT MAP 1 CASE NO. T CUP #94-0008 MAJOR MODIFICATION <4 n~ W W a 0 Z Z Z CL 0c U U. O i a. w z z a J oc a 0 VICINITY EXHIBIT MAID ,-~1 'IN • J PO CASE NO. CUP #94-0008 MAJOR MODIFICATION U. 0 U a t~ A' • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Dalton Company for ) FINAL ORDER approval of a preliminary plat for a 47-lot land division } and sensitive lands review for a 13.7-acre parcel in the ) SUB 94-0005 R-4.5 zone between SW 132nd and 135th Avenues } SLR 94=0007 south of SW Walnut Street in the City of Tigard, Oregon ) (Hoodview Estates) I. SUMMARY 1. The applicant requests approval of a preliminary plat to create 47 lots ranging in size from 7500 to 13,000 square feet and associated streets and utilities. Proposed lots do or can comply with the dimensional standards of the R-4.5 zone. Because the site includes a drainage swale and land with slopes of more than 25%, the applicant also requests approval of a sensitive lands review. 2. At the public hearings in this matter on December 12, 1994, City staff recommended conditional approval. The applicant accepted most of the conditions of approval recommended by staff. Nine witnesses testified against the subdivision or with objections and concerns about storm water drainage, access to the site and adjoining undeveloped properties, and the safety of streets affected by the proposal. The hearings officer held open the public record until 5 PM, December 31, 1994. However, due to the nature of the new evidence and revised staff recommendation submitted after the hearing, the hearings officer issued a written order on January 17, 1995 re-opening the record until January 24, 1995. The hearings officer hereby approves the preliminary plat and sensitive lands review subject to conditions of approval at the conclusion of this final order. II. HEARING AND RECORD 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on December 12, 1994 and received additional testimony and evidence through January 24, 1995, when the record closed. 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. a. City planner Will D'Andrea summarized the Staff Report. He recommended an amendment to condition number 23 to state that lots 34 through 37 shall be prohibited from having direct access to SW 132nd Avenue. b. Mark Ferris, of Alpha Engineering, testified for the applicant in general agreement with the staff report and recommended conditions except for conditions 15 and 18. Condition 15 requires the applicant to amend the plat to provide for a future extension of "C" Street to the north and south and/or a pedestrian path. Mr. Ferris argued that three 20-foot public utility easements can be used for pedestrian access and fulfill the recommended condition. Mr. Ferris stated that "C" Street was not extended to the north because the slopes exceed 15 percent. Given his experience and a City staff report on a 1991 subdivision proposal for this site, these slopes make the extension economically infeasible. He also argued that if "C" Street is extended south to the street shown on the future street concept plan, the block length would exceed 600 feet, in violation of the standard in CDC 18.164.040. He argued that a 20-foot pedestrian easement is provided from "C" Street to the south edge of the site in compliance with the Code. Regarding condition number 18, which requires that 14 lots comply with solar access performance standards in CDC 18.88.040(C)(3), Mr. Harris stated that: Page I Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estares) 0 0 (1) Nine of the 47 lots (5, 6, 10, 31, 32, 33, 38, 39, and 40) comply with the basic solar access standards in CDC 18.88.040(1(0)(1), because they have a minimum north-south dimension of 90 feet and a front lot line orientation within 30 degrees of true east-west. (2) Nine of the lots can be counted as the standard 20 percent exemption from these basic solar lot requirements. (3) Fifteen lots (18-27, 30, 43, 44, and 45), comply with the standards for an exemption for part of a development in 18.88.040(D)(1), because of steep non-southerly slopes. (4) 23 lots (1-4, 7-9, 11-17, 34-37, 41, 42, 46 and 47), comply with the standards for an adjustment to solar access standards under 18.88.040(E)(1)(a)(i) and (iii) because these lots exceed 10 percent slope and are oriented in a direction greater than 45 degrees east or west of true south, slopes exceeding 25 percent on the site prevent a road pattern allowing for lots being oriented for solar access, and that to design the subdivision to meet the solar orientation requirements would reduce the density and increase the cost per lot by more than 5 percent. c. Steve Dalton, the applicant, asked whether the City is asking for "C" Street to be extended north and south or just for pedestrian access to the area? Will D'Andrea responded the City is only asking for pedestrian access. He also stated that if the projected street pattern occurs, the block length would be within the 600 foot code requirement. d. Bob Ludlam, owner of five acres at the southwest corner of the proposed subdivision, generally supports the subdivision. He wants assurance that "B" Street will be extended to the south edge of the site so it can be extended to serve his property. He also is concerned about storm water runoff from the site. He stated that the drainage from "A" Street flows toward his property, but that the developer proposes to direct this drainage east to "B" Street. He wants to be sure it is collected and not discharged onto his property. Mr. Ludlum suggested an open area to the southwest would be a good storm water detention area. e. Mary Piestrak, owner of land southwest of the site, testified about concerns with storm drainage, protection of the creek, the safety of the intersection of "B" Street and SW 132nd Avenue, and the safety of the future street plan for the property to the south. She stated that grading on Hillshire Estates and Benchview Estates subdivisions have changed the storm water pattern. The creek has changed since development in the area. She expressed concern about whether the lot layout best protects the creek. She stated that SW 132nd has a curve near the proposed access, has high traffic volume and problems with speeding. She argued that future access points to that street where shown will be near existing driveways and the crest of the hill and will be dangerous because of inadequate sight distance. f. Jim Correll and Craig Price, residents in Hillshire Estates west of the site, testified with concern about the safety of access onto SW 135th Avenue and adequacy of drainage management. They argued these problems have not been adequately addressed in past developments. Mr. Correll stated traffic speeds on SW 135th Avenue. He said that "A" Street will enter on a blind spot and will compound an existing traffic hazard caused by speeding traffic. He argued that the proposal does not address the incremental effects of traffic from developments in the area. Mr. Price argued that speed pumps, a mobile radar Page 2 Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) 0 0 machine and intermittent traffic enforcement have not solved the speeding problem. They argued traffic conditions will deteriorate more as more traffic uses the street. g. Paul and Victoria Etchemendy, owners of two parcels immediately south of the site testified with objections to the proposed street pattern where it adjoins their property. Mr. Etchemendy stated that the drainageway through the site carries much more water and sediment than it did before development in the area. He stated that there is more water spread over a larger area. He is concerned about the effect of water on the future development of his lots and requested a continuance to further address storm water. Mr. Etchemendy testified that the proposed access point from his property to SW 132nd Avenue will intersect 132nd Avenue at the crest of the hill, and steep slopes and inclement weather make that a bad location for an intersection. He argued that the intersection should be moved north or south for improved safety. Mrs. Etchemendy stated that the current traffic volume on SW 132nd Avenue is 1500 vehicle trips per day and that most of the approved lots in the area are not improved with homes yet. She confirmed other witnesses testimony about high traffic speed on 132nd Avenue. h. Dan Woloschuk, a resident of Hillshire Estates west of the site, argued that the intersection of "A" Street will complicate existing traffic conflicts. He stated that there is a dangerous curve near the intersection of Loren Road with SW 135th Avenue, and the access onto Walnut Street is terrible. He confirmed other witnesses testimony about traffic speeding on 132nd and 135th Avenues. He argued in favor of requiring more open space in the area. i. Christine Shutter, a resident in Hillshire Estates, testified that she wants height restrictions on lots 1 through 5 to maintain the view from her home across the site. k. Yvonne Harrison testified with concerns about where storm water will go after it is discharged into the detention facility. She said the culvert under SW 132nd Avenue already fills during storm events. 1. Mr. Ferris and Jerry Palmer testified in response to public testimony. Mr. Ferris pointed out that the potential future street plan submitted shows just a possible alignment. Mr. Palmer responded that the drainage way has undergone changes to upland development which occurred under prior development standards. As the properties above develop, the drainage will need to be handled. The proposal is to build adequate capacity in a drainage pipe to a detention facility in the northeast corner of the site. There are two 30- inch culverts crossing SW 132nd Avenue. The detention facility can be designed to release the water into the culvert when it has capacity or the culverts can be replaced. The proposal involves filling on the south edge and depressing the inlet structures so water can be collected without backing up onto the upstream properties to the south. He argued that future access onto SW 132nd Avenue needs to be located at the crest of the hill to achieve required sight distance of 300 to 350 feet. That distance is adequate for speeds of 30 to 35 miles per hour. Regarding the access onto SW 135th Avenue, the location was selected to maximize the distance to the crest; it was moved north 150 feet from the original proposed access to improve the site distance. He argued that it is not an unsafe access. m. At the end of the testimony, the hearings officer concluded that the applicant had not submitted new evidence and closed the public portion of the hearing without continuing the hearing. The hearings officer ordered the public record to be kept open until December 31, 1994 to receive for additional testimony about the preliminary street and drainage plan. Page 3 Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) 0 0 2. The hearings officer received the following evidence between the close of the hearing and December 31, 1994. a. A December 19, 1994 memorandum from Michael Anderson stating that supplemental calculations were submitted that verify the size of the detention pond and that these calculations and the drainage pipe size and inlet requirements will be reviewed with the final plat to verify they satisfy the design standards of the Unified Sewerage Agency. b. A December 23, 1994 letter from Paul and Victoria Etchemendy stating that they favor placing a street between the site and their adjoining lax lots 501 and 502 to the south rather than have an east west street cross their property from 132nd Avenue to "B" Street (extended). One-half of this street would be on the subject site, and the other half of the street would be provided when the Etchemendy property develops. Compared to the street shown on the future street plan, they argued a street on the property line provides better sight distance at the intersection with 132nd Avenue, reduces the environmental impact on tax lot 501 (because of the slopes on that lot), and provides better access to tax lots 501 and 503 to the south. c. A December 27, 1994 letter from Will D'Andrea supporting and recommending approval of the proposed new street alignment suggested by Paul and Victoria Etchemendy, and recommending that access to this street should be restricted to lots 37 through 40. The staff further recommended that "C" Street either be shortened or have its access from the new street rather than from "B" Street to eliminate the creation of lots that have frontage on two streets. 3. By letters dated January 12, 1995 from Mark Ferris and January 16 from Steven Dalton, the applicant requested an opportunity to respond to the new evidence submitted after the hearing. The hearings officer received those letters into the record and issued a written order, incorporated herein, re-opening the record for seven calendar days to allow the applicant to respond to the new evidence. Mr. Ferris subsequently submitted a written rebuttal to the new evidence. In that rebuttal statement, he argued in relevant part: a. A half-street will not work, because it provides only a 14-foot paved street section. If a full street is situated on the applicant's property, it will eliminate too many lots and will make the subdivision infeasible. b. The half-street approach improperly shifts more of the cost of development to the applicant. c. It may not be possible to develop all of the Etchemendy property, due to wetland conditions; therefore, the half-street road might never be improved to full width standards. d. There is insufficient analysis to warrant requiring the redesign of the preliminary plat to incorporate a half-street abutting the Etchemendy property. III. SITE VISIT The hearings officer visited the site before the hearing without the company of others. The hearings officer announced at the hearing that he had done so and invited parties to ask what he observed. No one did so. Page 4 Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) 0 0 IV. WCUSSION 1. City staff originally recommended approval of the application subject to conditions in the Staff Report as amended at the hearing. The hearings officer finds that the Staff Report generally contains all the applicable standards for the application and findings showing the application complies with those standards. Those findings are not disputed in large part. To the extent the findings are not disputed, the hearings officer adopts them as his own in support of a decision to approve the subdivision subject to the conditions recommended in the Staff Report except as expressly provided otherwise below. 2. There is a dispute about whether the subdivision complies with CDC 18.164.040(B), which prohibits block perimeters from exceeding 1800 feet unless topography requires otherwise. The perimeter of the block fronting "A" Street exceeds 1800 feet. However, the uncontested evidence is that this result is warranted, because the site contains slopes exceeding 25 percent. Extending the street is not economically feasible or practicable, based on the applicant's testimony and the Staff Report in the matter of SUB 90-0015/SLR 90-00141VAR 90-0039. City staff recommended either that the developer provide for an alternative perimeter street or mid-block pedestrian paths. The hearings officer finds the utility easements from "A" Street to the north edge of the site, from "A" Street to "B" Street, and from the south end of "C" Street to the south edge of the site can be used to comply with the condition recommended by staff and with applicable City standards. Conditions of approval 15 and 21 should be administered accordingly. 3. There is a dispute about whether the subdivision complies with CDC 18.164 regarding streets. The Etchemendy's and City staff argue that, to provide safer access for future development to the south and a more convenient location utilities, a street should be located along the south boundary of the site. The applicant disagrees. The hearings officer finds that the preliminary plat complies with applicable street standards in CDC 18.164. Therefore, a condition of approval is not warranted requiring the applicant to redesign the plat to provide for a half-street centered on the south edge of the site. a. CDC 18.164.030.F provides for future street plans. Subsection 1 requires an applicant to file such a plan. Subsection 1 provides: When necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed... (1) This section does not authorize the hearings officer to require an applicant to relocate streets on the site of a given development to conform to a proposed street pattern off the site. It merely requires an applicant to extend streets to the edge of the site so that they can be extended off-site in the future. The applicant has done so by extending "A" and "B" Streets to the south edge of the site. The record reflects that those streets can be extended off-site to the south, although physical constraints may affect such extensions. Without more evidence about the off-site conditions, the hearings officer cannot determine whether it is feasible to extend streets off-site to the south, but the CDC does not require such a determination at this time. If a subsequent application to develop adjoining land includes evidence that extension of the street is not feasible, then CDC 18.164.030.F.1.a allows modification of the approved street plan. (2) There is not substantial evidence in the record that the sight distance from proposed access points violates applicable standards or that the sight distance at proposed intersections complies with those standards. A condition of approval is warranted requiring the applicant to submit certification from a professional engineer that Page 5--- Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) a 0 sight distance at proposed intersections with 132nd and 135th Avenues complies with city standards if any. b. A half-street would not comply with general standards of the CDC. CDC 18.164.030.J provides that partial street improvements are "generally not acceptable," although they "may be approved where essential to reasonable development..." (1) The hearings officer finds the record does not contain evidence showing that a partial street centered on the south edge of the site between "B" Street and 132nd Avenue is essential to reasonable development. On the contrary, the preliminary plat shows that the subject site can be developed without the half street. Therefore, in the context of the application under consideration, the half-street is not essential. (2) The record also does not show that the half-street is essential to the development of the Etchemendy property. There is testimony disputing the safety of an intersection of an east-west street from the Etchemendy property to 132nd Avenue, but that testimony is not supported by substantial evidence in the record. Neither City staff nor the Etehemendy's provide substantial evidence of sight distance, such as measurements, speed studies or the like, at either of the possible 132nd Avenue intersection points. Neither provided substantial evidence that the street system shown on the future street plan prepared by the applicant is not feasible due to topography or natural conditions. In light of the lack of substantial evidence of the essential need for the half-street, the hearings officer finds a half-street should not be required instead of the proposed streets. 4. There is a dispute about the safety and adequacy of access to SW 135th Avenue. The parties did not cite to specific code language regarding this dispute. The hearings officer concludes that the proposed location of the intersection of the street on the site to 135th Avenue is safer than the location that was approved when 135th Avenue was created (as reflected by the curb cut abutting the site), because it provides better sight distance. The intersection at SW 135th with Walnut Street is awkward, but the proposed subdivision does not significantly affect that intersection. By providing for access between 135th and 132nd Avenues, the proposed subdivision may reduce traffic volumes on 135th Avenue. In any event, the evidence in the record does not show that 132nd or 135th Avenues are operating over capacity or are subject to significant hazards. 5. There is some confusion about the application of solar access standards to the subdivision. CDC 18.88.040 requires that 80 percent of the lots meet certain standards for solar orientation. CDC 18.88.040(D) provides criteria for exempting lots from the solar orientation standards and CDC 18.88.040(E) provides criteria under for reducing the percentage of the lots that must comply with the standard. The hearings officer finds that the preliminary plat complies with the solar access standards, with exceptions and adjustments permitted by law, based on the unrebutted testimony of the applicant. Therefore, condition of approval 18 should be deleted. 6. There is concern about storm water drainage. The hearings officer finds the preliminary drainage plan, the findings regarding storm drainage in the Staff Report, further calculations reviewed by the City staff confirming that the size of the detention pond is adequate, and the fact that drainage improvements will be reviewed with the final plat to verify that they satisfy the City's design standards show that the plat complies with the approval criteria for a sensitive lands permit within drainageways in Section 18.84.040(C) and with storm drainage improvement standards in Section 18.164.100. Page 6 Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) 0 0 7. There is a dispute about protecting views from adjoining property. However, the city land use regulations do not require the owner of one property to protect views from another property. Therefore, the dispute is irrelevant. 8. There is some uncertainty about whether there are wetlands on the site. The preliminary plat shows a "drainage swale" across the site. Testimony at the hearing indicated that there is a "creek" across the site which may have associated wetlands. Condition of approval 19 requires the applicant to obtain permits from the Oregon Division of State Lands and US Army Corps of Engineers. Before obtaining those permits, the applicant must show whether any wetlands exist on the site and protect those wetlands or receive approval to modify therm. That assures wetlands on the site will be addressed. IV. CONCLUSIONS Based on the above findings, and the conclusions in section VI and VII of the Staff Report, the applicant's request does or can comply with the applicable standards of the City of Tigard Community Development Code and should be approved, subject to the conditions of approval in the Staff Report with certain changes. V. ORDER The applicant's request, SUB 94-0005 and SLR 94-0007 (Hoodview Estates), is hereby approved, subject to the conditions in Section VII of the Staff Report, with the following amendments: 1. Condition of approval 18 is hereby deleted. 2. Condition of approval 23 is hereby amended to read as follows: The plat shall prohibit direct access from any lot in the subdivision onto SW 132nd Avenue is 6th day ffebruary,1995. /WVzW /11 Larry Epste' , ZP City of Tig s Officer Page 7--- Hearings Officer Final Order SUB 94-00051SLR 94-0007 (Hoodview Estates) 0 0 AGENDA ITEM Z, 2 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the Dalton Company STAFF REPORT for a subdivision consisting of approximately SUB 94-0005 13.7 acres located west of SW 132nd Avenue, east SLR 94-0007 of SW 135th Avenue, approximately 700 feet south of the intersection of SW Walnut Street and SW 132nd Avenue and 1000 feet south of the intersection of SW Walnut Street and SW 135th Avenue. 1. SUMMARY OF THE REQUEST CASE: Subdivision SUB 94-0005 Sensitive Lands Review SLR 94-0007 SUMMARY: The applicant requests Subdivision approval to divide a parcel consisting of approximately 13.7 acres into forty-seven lots ranging in size from 7,500 square feet to 13,000 square feet. The applicant also requests Sensitive Lands Review approval of the preliminary plan because road construction and lot preparation would include areas with slopes in excess of 25 percent. The site also contains a drainage Swale. APPLICANT: Steve Dalton OWNER: Jerry Burge 8465A SW Hemlock 18975 NE Calkins Lane Tigard, OR 97223 Newberg, OR 97132 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5, (Residential, 4.5 units per acre) LOCATION: (WCTM 2S1 413, tax lot 600) HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 1 0 0 APPLICABLE LAW: Community Development Code Chapters 18.50, 18.84, 18.88, 18.92, 18.100,18.102,18.106,18.108,18.114/ 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.1.1, 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. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax Lot 600 is a rectangular parcel containing approximately 13.7 acres. The site is approximately 650 feet north-south by 975 feet east-west. A 225 foot by 185 foot notch is taken out of the northwestern corner of this rectangle for the parcel containing the Tigard's Water District's water storage tank on SW 135th Avenue. B. Site location: The site is bounded by 132nd on the east and SW 135th Avenue on the west. The site is approximately 700 feet south of the intersection of Walnut Street and SW 132nd Avenue, 1000 feet south of the intersection of Walnut and 135th Avenue, and east of "Hillshire Estates" subdivision. C. Existing uses and structures: The site is presently vacant and shows evidence of having been logged sometime in the last 10-15 years. D. Togoeraphv and drainaee: The site slopes significantly from a height of approximately 450 feet adjacent to the newly constructed area of SW 135th Avenue to a low elevation of approximately 300 feet in the northeastern corner of the site. A drainage swale runs across the southeast corner of the site. The applicant has submitted a slope analysis map that notes that approximately 2.17 acres of this site contains slopes in excess of 25 percent grade. Because a portion of these slopes in excess of 25 percent will be utilized for road development and residential development and the site contains a drainage swale, a sensitive lands review is considered as part of this subdivision application. HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 2 E. Surroundine zonine and land uses: The surrounding properties to the north and south are zoned for single family residential development at a density of 4.5 units per acre. Properties to the west are currently being developed with single family homes on property zoned R-7 (Residential, 7 units per acre). Properties to the north of the subject site contain a number of single family residences on lots substantially larger than the minimum lot size for the zone. These lots have potential for redevelopment. A Tigard Water District water storage tank is located on a parcel to the northwest of the proposed subdivision. Parcels to the east and south are largely undeveloped and are wooded. G. Proposed use: The applicant proposes to subdivide the site into 47 single family residential lots ranging in size from 8,000 to 13,440 square feet. The subdivision proposal includes the development of local streets off of both 132nd Avenue and SW 135th Avenue. Because of the steep topography, the two roads on the site are not intended to be connected at this time. The westernmost road would serve 20 lots and would terminate in a temporary dead end abutting Tax Lot 500 to the south. The easternmost road would serve 27 lots and would also terminate in a temporary dead end abutting Tax Lot 500. The preliminary plat shows a possible scheme for road development and connections on the four parcels to the south. This scheme would provide for a future street connection between SW 132nd Avenue and SW 135th Avenue. No road connections to the north are proposed. The applicant also requests Sensitive Lands Review approval of the preliminary plan because road construction and lot preparation would include areas with slopes in excess of 25 percent and the site contains a drainage swale. III. APPLICABLE APPROVAL STANDARDS A. Communitv Development Code: Development Standards: Section 18.50 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 square feet/unit Average lot width 50 feet HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 3 0 0 Front setback 20 feet Garage setback 20 feet Interior sideyard setback 5 feet Corner sideyard setback 10 feet Rear setback 15 feet Maximum building height 30 feet Solar Access: Section 18.88.040(0)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80% or more of the newly created parcels meet this standard. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes which incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on-site or off-site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project which adds five percent or more to the cost of each lot. Sensitive Lands: Section 18.84.040(6) contains regulations for the development of lands with a slope of 25 percent or greater. The intent of the Sensitive Lands Review process is to assure that land disturbances on slopes of 25 percent or greater are limited in extent to what is necessary for the intended use so as to limit soil erosion, ground instability, and other possible adverse effects or hazards to life or property. The Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land use form alteration or development will not create site disturbances to an extent greater than that required for the use; HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 4 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. Section 18.84.040(C) states that the Director shall approve or approve with conditions an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria has been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. 3. The water flow capacity of the drainageway is not decreased. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 5 0 0 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Because a subdivision is reviewed by the Hearings Officer, the sensitive lands requirements for slopes and drainage come under the scope of the Hearings Officer review. Densitv: Section 18.92.020 contains standards for density. The number of dwelling units permitted is based on the net development area, excluding sensitive land areas and land dedicated for public roads or parks, or for private roadways. This land area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. 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. HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 6 9 0 Access. Egress. Circulation: Section 18.108 contains standards for the width of access driveways to single family residences. In order to comply with the standard each lot must be provided with a ten foot wide residential driveway. Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 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. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 7 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Street and Utility Improvements: Section 18.164 contains standards for streets and utilities serving a subdivision: 1. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. 2. Section 18.164.030(E) requires a local street to have a minimum 44 foot right-of-way and 28 foot paved section between curbs and sidewalks. 3. Section 18.164.030(F) states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 4. Section 18.164.030(K) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. 5. Section 18.164.030(M) requires that grades shall not exceed 12 percent on local streets, except that local residential streets may have segments with grades up to 15 percent for distances of no greater than 250 feet. 6. Section 18.164.040(A) (Blocks Design) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 8 7. Section 18.164.040(6)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. C. For non-residential blocks in which internal public circulation provides equivalent access. 8. Section 18.164.040(6)(2) states that when block lengths greater than 600 feet are permitted, pedestrian / bikeways shall be provided through the block. 9. Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. 10. Section 18.164.060(6) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 11. Section 18.164.060(C) states that through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and; a. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way; and b. All through lots shall provide the required front yard setback on each street. 12. Section 18.164.070 requires sidewalks adjoining all residential streets. HEARINGS OFFICER - SUB 94-0005 - Dalton/Burge PAGE 9