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Hearings Officer Packet - 03/23/1986 - First Church of Christian Science• OW 1640 HEARING OFFICER DECISION 3/87 First Church of Christian Scientist CU 7-86 • • • y, e. r . • • • • • • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s) : CU 7-86 2. Name of Owner: Albert & Virginia Misterek • 3. Name of Applicant: First Church of Christian Sciercist A' Address 13975 SW Pacific Hwy. city_Tigard, _stPteOR Zip 97223 4. Location of Property: Address 14305 - 14325 SW 112th Legal Description 2S1 10AB lot 2200 5. Nature of Application: Request for Conditional use approval to construct a 21,600 sq. ft. religious a'sembly use on property zoned R-4.5 (Single Family _Residential, 4.5 units/acrd 6. Action: Approval as requested XX Approval with conditions Denial 7 . Not'".e: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX_ Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON March 23, 1987 UNLESS AN APPEAL IS The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. __march_ 21,__9R7 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-41.71. 0257P BEFORE THF HEARINGS OFFICER FOR. THE CITY OF TIGARD IN TI-IE MATTER OF THE APPLICATION) No. CU 7-86 FOR. a conditional use permit to ) construct a building for r.eli- ) gious assembly; First Church of ) Christian Scenti.st, applicant. ) The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of February 26 , 1987 , at the Tigard Civic Center Town Hall Room, in Tigard, Oregon; and The applicant requests approval of a conditional use permit to construct a building for religious assembly on property described as Tax Lot 2200 , Map 2S1 Section 10AB, City of Tigard, County of Washington, State of Oregon; and The Hearings Officer conducted a public hearing on February 26 , 1987 , at whicl `ime testimony, evidence and the Planning Department Staff Report were received; and The IIear. i.ngs Officer adopts the findings of fact and conclu- sions contained in the Staff Report, a copy of which is attached hereto, marked "Exhibit A" and incorporated by reference herein NOW THEREFORE IT IS HEREBY ORDERED THAT CU 7-86 be and hereby is approved subject to the following conditions. 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS . 2. Additional right-of-way shall be dedicated to the Public along the SW 112th Avenue frontage to increase the right-of-way Page 1 - CU 7 -96 to 25 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS • AND INSTRUCTIONS ARE AVAILABLE FROM THE CITY ENGINEERING SECTION. 3. Evidence demonstrating that the assessment has been paid in full, for Derry Dell Sanitary Sewer L. I .D. shall be provided to the City Engineering Office and Building Office by the applicant prior to issuance of any permits (and prior to recording of the partition) . 4 . The applicant shall provide for roof rain drainage to the public stormwater system. 5. The applicant shall provide for connection of proposed buildings to the public sanitary sewerage system. A connection permit is required. 6. Improvements including concrete sidewalk (s) and driveway apron (s) and utilities shall be installed along the SW 112th Al'enue frontage. Said improvements shall be designed and constructed to local street standards and shall conform to the alignment of 07) existing adjacent improvements; further said improvement shall extend from applicants most northerly lot line to the most easterly line of the existing 20 ' wide right-of-way as such intersects the 40 ' wide right-of-way of SW 112th Avenue. 7 . Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer , detailing Page 2 - C[' 7-86 • all proposed public improvements shall be submitted +:o the Engineering Section for approval. 8. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The section will require posting of a 100% Performance Bond and the payment of a permit fee. Also, the execution of a street opening permit or construc- tion compliance agreement shall occur prior to, or concurrently with the issuance of approved public Improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING, AND AGREEMENTS . 9. A non-remonstrance agreement for the future development of public storm sewer shall be executed by the applicant, on City forms, and Ehall be reviewed and approved by the City prior to recording. 10. A revised site/landscape plan shall be submitted for Planning Director approval that is consistent with Code require- ments including: a. Street trees b. Buffering for parking area c. Retention of existing trees along south and west property lines d. Identification of landscaping materials Page 3 - CU 7-86 IP 11. This approval is valid if exercised within one year • of the final approval date. DATED this 6th day of March, 1987. HEARINGS OFF/CER // BETH O Page 4 - CU 7-86 v STAFF REPORT 1,7:616(40- j ,:)C•'r' -,---- AGENDA ITEM 2. 1 JANUAR*-8--1997 - 7:00 P.M. TIGARD HEARINGS OFFICER TIGARD CITY HALL -• TOWN HALL 1312.5 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1 . General Information CASE: Conditional Use CU 7-86 REQUEST: To construct a 3,750 square foot building for religious . assembly. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R--4.5 (Residential, 4.5 units/acre) APPLICANT: First Church of OWNER: Albert & Virginia Misterek Christian Scientist 11420 SW 114th Avenue 13975 SW Pacific Hwy. Tigard, OR 97223 Tigard, OR 97223 LOCATION: 14305 to 14325 SW 112th Avenue (WCTM 2S1 10AB, Tax Lot 2200) 2. Background Information A Minor Land partition (MLP 10-86) , Lot Line Adjustment (M 13-86), and Variance (V 30_.-86) were recently approved by the City but the new parcel configurations have not been approved or recorded . Last year, an application for a Lot Line Adjustment (M 6--86), Subdivision (S 13-86), and Variance (V 13....86) was submitted but it was withdrawn prior to the public hearing. 3 . Vicinity Information Properties to the north and south are also zoned R-4.5 and developed with single family residences. The western portion of the property is bordered by 114th Avenue mid single family homes zoned R-2 (Residential, 2 units/acre) lie beyond. Land zoned R-12 (Residential, 12 units/acre) is immediately east of 112th Avenue and to the southeast. 4. Site Information and Proposal Description The property is vacant and the applicant is proposing to build a church on what will be the southernmost parcel approved through MLP 10--86/M 13-86 noted above. Access via one driveway onto 112th Avenue with a 30 space parking lot to the north and west: of thQ church building is anticipated. The building will be two stories with approximately 3,750 square feet: of floor area and a maximum auditorium/chapel capacity of 84 . `. TAF F Pt PORI CU 7- 86 PAGE L 5. Agency and NPO Comments The Engineering Division has the following comments: a. The conditions of approval for MLP 10-86/M 13-86 have not been met and essentially the same conditions of approval will apply to the proposed conditional use, b. 112th Avenue is a local street which requires a right-of-way width of 25 feet from centerline. c. The 20 foot wide dedicated right-of-way adjacent to the southeasterly portion of the subject property should be vacated. City policy requires the improvement of all abutting street right-of-way and since no street is necessary, the applicant should initiatt- vacation proceed4ngs. The future access for Tax Lot 500 immediately to the south should be provided with an access easement and joint driveway access to 112th Avenue. d. The subject property was within the boundaries of the Derry Dell Trunk Sanitary Sewer L.I .D. (Bancroft #4) and City records indicate all assessments have been paid. e. Because complete storm sewer facilities do not serve this area, the applicant should execute a non-remonstrance agreement to participate in a future local improvement district (L.I.D. ) for seorm drainage facilities . The Building Inspection Division states that if there are any other buildings on the subject property, consideration must be given to septic systems, storm drain lines, etc. General Telephone has no objection to the request. No other comments have been received. B. FINDINGS AND CONCLUSIONS The proposed church and related facilities are consistent with conditional use standards for building setbacks, minimum lot size (20,000 sq. ft. ), and other Code requirements related to visual clearance, availability of necessary services and the R-4.5 zone. Additional discussion is necessary relating to access, the site plan, and relationship with the previous approval for MLP 10--86/M 13 -86. 1 . Access The Community Development Code requires that two--way driveways be a minimum of 24 feet in width. The applicant' s proposed site development plan shows that this requirement will be met by a driveway apron of 28 feet and a driveway width of 24 feet. STAFF REPORT - CU 7-86 - PAGE 2 • • Also, the appropriate method for providing access for this project and parcel to the south (Tax Lot 500) will be with a joint driveway on 112th Avenue. Access to Tax Lot 500 is presently provided with a 20 foot wide public right-of-way. Since it is not appropriate to develop this as a public street, it should be vacated with the necessary access and utility easements put in its place. The driveway entrance to the church should be located so that the subject property and Tax Lot 500 can use one common access onto 112th Avenue. 2. Site Plan The site/landscaping plan is conceptual in nature, but sufficient information is shown to confirm that Code requirements can be met relating to parking, street trees, buffering, and landscaped area. Prior to development, a detailed site/landscaping plan must be submitted for Planning Director approval. 3 . Relationship to MLP 10-86/M 13-86 As noted above by the Engineering Division, the conditions of approval for this and the previous partition application are virtually the same. The City will expect compliance with these conditions before either proposal receives final approval . C. RECOMMENDATION Based upon the discussion above, the Planning staff recommends approval of CU 7-86 subject to the following conditions: 1 . UNLESS OTHERWISE NOTED, Al..l.. CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Additional right-of-way shall be dedicated to the Public along the SW 112th Avenue frontage to increase the right:-of--way to 25 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County . The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE AVAILABLE FROM THE CITY ENGINEERING SECTION. 3 . Joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. Said agreement shall be referenced on and become part of all applicable parcel Deeds and shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE AVAILABLE FROM THE CITY ENGINEERING SECTION. • STAFF REPORT - CU 7-86 - PAGE 3 I / 4. The driveway apron for the applicants most southerly lot shall be designed to facilitate joint access-egress with Tax Lot No. 500. An alternative to this provision would be to vacate this 20' wide • section of SW 112th and provide other access to Tax Lot No. 500. Applicant should work with adjacent property owners and the Engineering Division to effect the latter option. 5. Evidence demonstrating that the assessment has been paid in full, for Derry Dell Sanitary Sewer L.I.D. shall be provided to the City Engineering Office and Building Office by the applicant prior to issuance of any permits (and prior to recording of the partition) . 6. The applicant shall provide for roof rain drainage to the public stormwater system. 7. The applicant shall provide for connection of proposed buildings to the public sanitary sewerage system. A connection permit is required . 8. Improvements including concrete sidewalk(s) and driveway apron(s) and utilities shall be installed along the SW 112th Avenue frontage. Said improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements; further said improvements shall extend from applicants most northerly lot line to the most easterly line of the existing 20' wide right-of-way as such intersects the 40' wide right-of--way of SW 112th Avenue. 9 . Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval . 10. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The section will_ require posting of a 100% Performance Bond and the payment of a permit fee. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED_HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 11 . A non-remonstrance agreement for the future development of public storm sewer shall be executed by the applicant, on City forms, • and shall be reviewed and approved by the City prior to recording. • 12. A revised site/landsc..ping plan shall be submitted for Planning Director approval that is consistent with Code requirements including: STAFF REPORT --- CU 7-86 - PAGE 4 MIOIMMMIM ' 1 • a. Street trees b. Buffering for parking area c. Retention of existing trees along south and west property lines d. Identification of landscaping materials e. Two—way driveways 24 feet wide f. New location of driveway to allow joint access from Tax Lot 500 or verification that another legal form of access will be utilized. 13 . This approval is valid if exercised within one year of the final approval date. sCler.`-'1 —P)'ATIKk PREPARED BY: Tom Dixon APPROVED BY: Wi liam A. Monahan Assistant Planner Director of Community Development (TD:cn/2856P/0031P) ' STAFF REPORT — CU 7-86 -- PACE 5