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Resolution No. 82-26 RESOLUTION NO. 82-_2_(0 BEFORE THE CITY COUNCIL OF TIGARD, OREGON IN RE: Appeal of ST. ANTHONY'S) SDR 26-81 KELLY CENTER ) FINAL ORDER THIS MATTER came before the Tigard City Countil on March 8, 1982 for review by the City Council of a Tigard Planning Commission action as requested under §18.84.250(b) (3) of the Tigard Municipal Code (TMC) regarding site design approval of the ST. ANTHONY'S KELLY CENTER, File No. SDR 26-81. The original decision from which an appeal was initially taken was made by the Tigard Planning Director on December 14, 1981, for Site Design Review, under TMC Ch. 18.59. The subject property is located at 9905 S.W. McKenzie (Washington County Tax Map 2S1 2BD, Lots 100, 200, 300 and 400) . The Tigard Planning Director approved the site design with conditions. On February 3, 1982, St. Anthony's Parish filed a Notice of Appeal to the conditions of the Site Design Review approval on the grounds certain required public improvements were excessive. The Tigard Planning Commission held a public hearing on March 2, 1982, as provided by TMC §18.84.250(a) , and voted unanimously that the matter be forwarded to the City Council with the following recommendations for changes 'in approval of conditions 1 to 3, to wit: 1. 99W ingress/egress be eliminated and moved to S.W. Johnson Street. Plans for these changes shall be reviewed by the Public Works Director. 2. St. Anthony's Church shall petition the City of Tigard _ to form a local improvement district for the improvement of S.W. RESOLUTION NO. 82-_2� 1 i McKenzie Street and S.W. Grant Avenue. Improvements to S.W. Johnson shall be considered with Phase 2 of this project. i 3. Applicant shall submit detailed parking computations to the Planning Director. Note the "improved" conditions of each existing parking lot. Reference the Tax Lot and existing t use in relation to the Code Parking Requirements. The Planning Commission, the Planning Director, and the applicant were all satisfied with the remaining conditions, and they were not at issue before the Council. The City Council held a hearing on March 8, 1982 and made its decision based on the following g P Findings of Fact developed by the Council, to-wit: FINDINGS OF FACT The design review site plan approval criteria are set forth in TMC 518.59.060(d) and, based upon the record made by the Planning Commission, the Council finds: 1. The applicant is proposing to construct a 13,000 square foot multi-purpose center in two phases. Phase I, to be con- structed as a part of this application, will be 6,000 square feet in size and provide meeting rooms with a capacity for 200 people. Phase II, to be constructed in the future, will be 7,000 square feet in size and will include a gymnasium and additional meeting rooms; 2. The church estimates there will be 40 to 50 different user groups, and the Council believes that estimate; 3. The property is circumscribed by State Highway 99W on the east, S.W. McKenzie Street on the south, S.W. Grant Street on the west, and S.W. Johnson Street on the north; 4. State Highway 99W is a major four-lane arterial with a center traffic refuge for left turns; 5. The entrance to the school is on State Highway 99W and is between two intersections--a major intersection at S.W. Johnson Street, which is signaled, and an intersection at S.W. McKenzie Street; 6. A large commercial development has been approved across Hwy. 99W from the school and the amount of traffic and the number of turning movements will increase; RESOLUTION NO. 82-_,L(` 2 7. Left turns into and out of the school property on Hwy. �- 99W are very dangerous at present due to the heavy traffic volumes and the proximity to the intersections, and this situation will become more serious when the commercial center is constructed across the highway from the school; 8. Left turns out of the school property require crossing a left turn refuge lane on Hwy. 99W, and this is illegal; 9. Signing will not stop left turns onto Hwy. 99W; 10. TMC §18.59.060(d) (2) (C) specifically requires that projects provide a "safe environment for those people utilizing the development and for the immediate neighbors or community as a whole"; 11. The City Council has adopted a policy that public improvements must be made as a part of the project. Specifically, the policy requires half-street improvements as a condition of all development; 12. This proposal will increase the number of turning movements on Hwy. 99W and will increase the traffic on McKenzie, Johnson and Grant Streets; 13. The church owns 481 feet on McKenzie Street, 708 feet on Johnson Street, and 488 feet on Grant Street plus a parking lot on the south side of McKenzie Street. The total front footage owned is 2,035 lineal feet; 14. The church argues that the improvement costs will be approximately $234,800, based on cost estimates from the Multnomah County Design Construction Supervisor. The City Engineer refutes these estimates with actual data from construction projects in Tigard, and estimates the cost to be $75,000: The Council believes the City Engineer; 15. The improvement costs, as related to the church budget, would create a hardship if there were no provisions for paying the costs over time and the Local Improvement District law provides for payment over time; 16. The primary traffic impact of this proposed use will be on S. W. McKenzie Street; 17. Phase II of this proposal, on the other hand, will create an impact on Johnson and Grant Streets; 18. This application, with the conditions set forth by the Planning Director, complies with the other criteria set forth in TMC §18.59.060(d) ; and 19. There was no public testimony in opposition to this application. RESOLUTION NO. 82-.) 3 i t CONCLUSIONS This application can be made to comply with the provisions of TMC §18.59.060(d) and the Council's policy of requiring improvements at the time of development by adoption conditions of approval. ACTION It is ORDERED that the City Council approves this applica- tion subject to the following conditions, to-wit: Conditions 1. Access a. That access to Hwy. 99W from the site be limited to (� right turns only, both to and from that highway; b. That the Oregon Department of Transportation be requested to install an island on Hwy. 99W to the same level of improvement as that at the former Sambo's Restaurant on that , highway; g C. That the access requirements to the site be .reviewed ff at the earliest of the following periods: (1) The development of Phase II of St. Anthony's; (2) The improvement of S.W. Johnson Street; or (3) The end of five years from the grant of this permit. d. That unless an authorized representative of the Oregon Department of Transportation commits to a median island as described in b. above no later than September 1, 1982, the access to Hwy. 99W from the St. Anthony's Church, school and Kelly Center shall be closed. Thereafter, all access to such uses shall be from streets and roads other than Hwy. 99W. 2. Improvements a. That the applicant shall petition the City of Tigard to form a local improvement district for the improvement of S.W. McKenzie Street from Hwy. 99W to S. W. Grant; b. That the applicant shall sign a nonremonstrance agreement to a local improvement district on S.W. Grant, from S.W. McKenzie to S. W. Johnson Streets; RESOLUTION NO. 82-_aL 4 C. That the applicant shall sign a nonremonstrance agreement for the formation of a local improvement district on S.W. Johnson Street from Hwy. 99W to S.W. Grant Street, and that such improvement be initiated by the applicant either as a part of Phase II of the St. Anthony Kelly Center project or five years after the date of the approval of this permit, whichever is later. 3. The applicant shall submit detailed parking computations to the Planning Director. Note the "improved" conditions of each existing parking lot. Reference the Tax Lot and existing use in relation to Code Parking Requirements. 4. No Occupancy Permits shall be issued until all conditions upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 5. No changes will be made to approved plans or specifica- tions unless formal application is made to the appropriate City Department and changes are approved by that department. Applica- tion for changes will be made in writing and shall include applicable drawings. 6. Grading and construction plans for all work in public right-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements specified above will require a Compliance Agreement and must be (design) approved by the Public Works Department. Said improvements shall be either: (a) fully and satisfactorily constructed prior to issuance of Building Permits; or (b) bonded to the City for 100% of the estimated cost thereof prior to issuance of Building Permits. Have applicable LID petition completed and signatures on all non-remonstrance agreements prior to issuance of building permits. 7. All street and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 8. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. 9. Necessary dedications of property along the rights-of way of abutting streets shall be made as follows: --S..W. Johnson Street: additional five feet from Tax Lots 100 and 200, providing 25 feet from the centerline RESOLUTION No. 82-_,?� 5 A,: k --S.W. McKenzie Street: additional five feet from Tax Lots 200, 400 and 800 providing 25 feet from centerline --S.W. Grant Street: additional ten feet from Tax Lot 200 providing 30 feet from centerline 10. Internal Circulation: The applicants shall work with the City of Tigard to establish an internal circulation plan to be submitted as a design review application and acted upon by the Director no later than December 1, 1982. If the access from the site to Highway 99W be closed under condition 1(d) , above, additional access onto either S.W. Johnson or S.W. McKenzie shall be provided as part of the site design review application submitted to the Director and shall specifically address issues of accessibility, safety, and aesthetics. It is FURTHER ORDERED that the Planning Director be and he hereby is authorized and directed to file this Final Order in his files and with the City Recorder and to give notice of the /^ final decision as provided by TMC 18.84.130. PASSED: By the City Council by tin an �7 o cc s vote of Council members present this �� —� day of /-1 1982. Recorder - City of and SIGNED: By the Mayor this -2.2-1 day of 1982. ent of Council - City of Tigard L� RESOLUTION NO. 82-.2k 6 ,