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NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2020-00010
TIGARD 98TH AVENUE MEETINGHOUSE HVAC TIGARD
120 DAYS c 1VED
SECTION I. APPLICATION SUMMARY MAR 1 2 2020
FILE NAME: Tigard 98thAvenue Meetinghouse HVAC DCITY OF TIGARD
CASE NO.: Minor Modification (MAID) 1VIMI32000OItION
PROPOSAL: The applicant proposes to replace the existing rooftop mechanical units at 15555
SW 98`h Avenue with new mechanical units in an enlarged enclosure to the north
of the existing structure.The proposed mechanical enclosure will replace 102.67
square feet of landscaping with concrete to accommodate the new units in the
enlarged mechanical enclosure. The enlarged portion of the mechanical
enclosure will be screened with a six-foot-tall chain link fence with slats to match
the existing mechanical enclosure. No trees will be removed for the proposed
mechanical enclosure enlargement. No changes to the building footprint,
parking, or pedestrian paths are proposed.
APPLICANT: John Stark
2607 SW Sunset Blvd.
Portland, OR 97239
OWNER: Corp of Presiding Bishop of Church of Jesus Christ LDS
50 E North Temple#511-4705
Salt Lake City,UT 84150
LOCATION: 15555 SW 98th Avenue.WCTM 2S111CA,Tax Lot 01000
ZONING
DESIGNATION: Medium-Density Residential Zone (R-7)
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.210, 18.320, 18.350, 18.420, and
18.765
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request.The findings and conclusions on which the decision is based are noted in
Section IV.
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SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is located at 15555 SW 98th Avenue, which is located south of SW Kahle Street,
north of SW Summerfield Drive, east of SW 100th Avenue, and west of SW 98th Avenue. The subject tax
lot, and all surround lots, are zoned Medium-Density Residential (R-7). This 4.69-acre tax lot contains
one building, associated parking, an existing 216-square-foot mechanical enclosure to the north of the
building,and 34,381 square feet of landscaping.The current landscaped area is 16.82 percent of the entire
204,396.4 square foot lot. There are no sensitive lands or other overlay zones located on this site. The
current use on the subject tax lot is a Religious Institutions use, which is a conditional use in the R-7
zone. City records do not indicate a Conditional Use Permit (CUP) associated with the subject tax lot.
The subject taxlot has frontage on both SW 98th Avenue and SW 100th Avenue, however TigardMaps
classifies the fronted portion of SW 100th Avenue as "unimproved right-of-way". SW Highland Drive, a
public street with sidewalks,intersects with the unimproved right-of-way of SW 100`h Avenue along the
western property line of the subject tax lot.The existing building and all parking stalls have access on SW
98th Avenue whereas the large baseball field has frontage on SW 100`'Avenue and SW Highland Drive.
Please reference the attached tax lot map.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
Findings for only the applicable code sections are found below:
18.320 Commercial Zone Development Standards
18.320.040 Development Standards
D. Utilities and service areas.
2. Service areas, such as waste and recycling containers, outdoor storage, and mechanical
equipment, may not be located within 20 feet of any street property line, except where
located inside a building.
FINDING: The subject property is located within a residential zone, however the utilities and service
areas of 18.350.040.F redirect to this code section.The applicant proposes to replace the existing rooftop
mechanical units at 15555 SW 98`h Avenue with new mechanical units in an enlarged enclosure to the
north of the existing structure. The proposed service area will be located approximately 260 feet away
from the nearest street property line, which is greater than the minimum required 20 feet from a street
property line.This standard is met.
18.350 Residential Zone Development Standards
18.350.040 Development Standards
D. Landscaping and screening. All required landscaping, including landscaping used to meet
screening or tree canopy standards, is subject to the general provisions of Chapter 18.420,
Landscaping and Screening.
1. A minimum of 15 percent of the site must be landscaped. Landscaping standards are
provided in Section 18.420.040.Any landscape area that meets the L-2 standard may count
toward meeting the minimum area standard.
FINDING: The applicant is proposing to remove 102.67 square feet of landscaping for an enlarged
mechanical enclosure.The lot currently contains 34,387 square feet of landscaping,and after the proposal
there will be 34,284.33 square feet of landscaping. The site is moving from a landscaping coverage of
16.83 percent to 16.77 percent, which is still greater than the minimum required fifteen percent. The
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applicant's submittal demonstrates that the landscape area counting towards the minimum landscaping
percentage meets the L-2 standard, as demonstrated in the code review for 18.420.040. This standard is
met.
2. Screening standards are provided in Section 18.420.050. Screening is required as follows:
a. Service areas and wall- and roof-mounted utilities must be screened to the S-1
standard. Service areas and utilities are also subject to the standards in Subsection
18.350.040.F.
FINDING: The applicant is proposing to remove 102.67 square feet of landscaping for an enlarged
mechanical enclosure. The screening standards for the S-1 Standard are reviewed later in this decision
for 18.420.050. The service areas and utilities are reviewed later in this decision under 18.350.040.F.This
standard is met.
F. Utilities and service areas. All utilities and service areas must comply with the standards of
Subsection 18.320.040.D.
FINDING: These standards were reviewed earlier in this decision under 18.320.040.D. The proposed
service area will be located approximately 260 feet away from the nearest street property line,which is
greater than the minimum required 20 feet from a street property line. This standard is met.
18.420. Landscaping and Screening
18.420.040 Landscaping Standards
A. Landsca•in standards are •rovided in Table 18.420.1.
Table=18A20.1
Landscaping Standards
Standard Requirements
• A minimum of 50%of the total required landscape area must include
small,medium, or large shrubs;
• A maximum of 50%of the total required landscape area may include
L-2 any combination of mulch,groundcover,lawn,or hardscape,except
that hardscape areas may not cover more than 25% of the total
required landscape area; and
• If tree canopy standards do not apply as provided in Subsection
18.420.020.C, then 1 tree must be provided for every 600 square feet
of total required landscape area.
FINDING: CDC 18.350.040.D.1 states that the minimum landscaping area needs to be met by the L-2
standard. The applicant's revised narrative from March 2°`i, 2020 states that 19,055 square feet of the
landscaped area contains shrubs. The landscaped area containing shrubs accounts for 62% of the site's
landscaping coverage and exceeds the minimum requirement of 50%. The remaining landscaped area of
11,589 square feet consists of lawn and mulch,and this area of 38%is below the maximum requirement
of 50%lawn and mulch.No trees arc being removed for this proposal.Staff finds that all of the applicable
L-2 landscaping standards have been met with the proposal to remove 102.67 square feet of landscaping
for an enlarged mechanical enclosure. This standard is met.
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18.420.050 Screening Standards
C. The following additional requirements apply to the S-1 screening standard:
1. Screening is required on all sides, except where access is taken. If access is provided by
an opening without a gate or door, the opening must be oriented so that it is not visible
from a public sidewalk;
FINDING: The applicant is proposing to screen the mechanical enclosure enlargement with a six-foot-
tall chain link fence with slats. The opening faces west, which is oriented towards SW 1006 Avenue
located 425 feet away from the mechanical enclosure. This portion of SW 100`h Avenue is unimproved
right of way. Googlc images from the public sidewalk of SW Highland Drive indicate that the mechanical
enclosure is currently screened from view by existing shrubs. The applicant's site plan demonstrates that
these shrubs will not be removed for the mechanical enclosure enlargement, therefore the existing
screening remains intact.This standard is met.
2. Screening must be of an appropriate height and width so that the item to be screened is
not visible from a public sidewalk.
FINDING: The mechanical units will be screened with a six-foot-tall chain link fence with slats. The
existing structure hides the mechanical units from the public sidewalk along SW 98th Avenue and the
shrubs hide the mechanical units from the public sidewalk on SW Highland Drive. This standard is met.
3. Chain link fencing with slats and unfinished concrete blocks are prohibited where visible
from a public sidewalk.
FINDING: The applicant proposes to screen the new mechanical enclosure with a six-foot-tall chain
link fence with slats. The existing building hides the chain link fence with slats from the public sidewalk
along SW 98th Avenue and the shrubs hide the chain link fence with slats from the public sidewalk on
SW Highland Drive. This standard is met.
'fable 18.420.2
Screening Standards
Standard Minimum Requirements
Depth
Service areas:
• Sight-obscuring fence or wall
Roof-mounted equipment or utilities:
S-1 N/A • Parapet wall or sight-obscuring structure
Wall-mounted equipment or utilities:
• Architecturally incorporated into building or sight-obscuring
fence,wall, or structure
FINDING: The applicant proposes to remove 102.67 square feet of landscaping for an enlarged
mechanical enclosure.This new enclosure will contain mechanical units that are screened with a six-foot-
tall chain link fence with slats. The combination of the chain link fence and existing shrubs will screen
the facility from the public sidewalk on SW Highland Drive,which is located approximately 425 feet away
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from the proposed modification. The service area will be completely screened from the public sidewalk
on SW 100`''Avenue by the existing building. This standard is met.
18.765 Modifications
18.765.060 Minor Modifications
A. Definition.A minor modification has the following characteristics:
1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities;
and
FINDING: The applicant is proposing to remove 102.67 square feet of landscaping for an enlarged
mechanical enclosure. The proposed project will occur more than 240 feet from the street property line
and over 140 feet away from the nearest side property line. The existing building completely screens the
mechanical enclosure from the property to the south and from SW 98`'' Avenue. The existing shrubs
located to the west of the mechanical enclosure will screen the mechanical units from SW 100a'Avenue,
which is approximately 425 feet away from the proposed mechanical enclosure enlargc.ituent. There are
no sensitive lands or public facilities located on this lot. The proposal is best defined as a minor
modification. This criterion is met.
2. It does not cause the development to go out of conformance with any applicable standard
or further out of conformance if already nonconforming,except where an adjustment has
been approved.
FINDING: Staff has reviewed the applicant's submittal to confirm that the proposal; does not bring the
site further out of conformance with any applicable standard.This criterion is met.
D. Approval criteria. The approval authority will approve or approve with conditions a minor
modification application when all of the following criteria are met:
1. The proposed modification qualifies as a minor modification as defined in Subsection
18.765.060.A;
FINDING: As stated above, this proposal qualifies as a minor modification as defined in Subsection
18.765.060.A. This minor modification is being processed as a Type 1 procedure. This criterion is met.
CONCLUSION: The applicant proposes to replace the existing rooftop mechanical units at 15555
SW 98th Avenue with new mechanical units in an enlarged enclosure to the north
of the existing structure. The proposed mechanical enclosure will replace 102.67
square feet of landscaping with concrete to accommodate the new units in the
enlarged mechanical enclosure. The enlarged portion of the mechanical enclosure
will be screened with a six-foot-tall chain link fence with slats to match the existing
mechanical enclosure. The proposed mechanical enclosure enlargement will be
screened from SW 98`'' Avenue by the existing building and will be screened from
SW 100th Avenue and SW Highland Drive by existing shrubs and the proposed
chain link fence with slats. No trees will be removed for the proposed mechanical
enclosure enlargement.No changes to the building footprint,parking,or pedestrian
paths are proposed. The proposal is in compliance with this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
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A minor modification is a Type I procedure. As such, this decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not
appealable locally and is the final decision of the City.
THIS DECISION IS FINAL ON MARCH 9, 2020
AND BECOMES EFFECTIVE ON MARCH 10, 2020.
Ouestions:
If you have any questions,please contact Samuel Copelan at(503) 718-2450 or SamuelC(tigard-or.gov.
March 9.2020
APPROVED BY: Samuel Copelan
Assistant Planner
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