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MMD2020-00034 NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2020-00034 TIGARD HIGIII H SCHOOL AUDITORIUM MODIFICATIONS T I G A R D 120 DAYS = 1/13/2021 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard High School Auditorium Modifications CASE NO.: Minor Modification(MMD) MMD2020-00034 PROPOSAL: The Tigard Tualatin School District (TTSD) proposes exterior modifications to the existing auditorium building. The modification includes replacing the existing stucco and plaster paint with vertical metal paneling on most of the second roof level of the auditorium. APPLICANT: Day CPM ATTN:Wes Winship 12745 SW Beaverdam Road, Suite 120 Beaverton, OR 97005 OWNER Tigard-Tualatin School District ATTN: David Moore 6960 SW Sandburg St. Tigard,OR 97223 LOCATION: 9000 SW Durham Road.WCTM 2S114AA,Tax Lot 00100 ZONING DESIGNATION: R-4.5:Low-density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350 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. MMD2020-00034 Tigard I ugh School Auditorium Modifications I of 5 SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located at 9000 SW Durham Road.The property is located east of SW 92'd Avenue and west of SW 85th Avenue on the south side of SW Durham Road. The property is zoned Low Density Residential (R-4.5). Surrounding properties are zoned R-7 and R-4.5 to the north,R-12 to the south,I-P to the east and R-4.5 to the west. Proposal: The Tigard Tualatin School District Cl!' SD) proposes exterior modifications to the existing auditorium building. The modification includes replacing the existing stucco and plaster paint with vertical metal paneling on most of the second roof level of the auditorium. Site History: Staff conducted a search of City records for the subject property and found the following previous land use applications: • One demolition permit for the existing bleachers west of the track (BUP2018-00104) • four conditional use permits (CU91-00007, CUP2004-00001, CUP2017-00006,CUP2018- 00001, and CUP2018-00009); • one lot line adjustment (MIS93-00002); • 16 minor modification applications (M1MD1999-00013,MMD2001-00006,MMD2003-00014, MMD2004-00004, MMD2007-00017,MMD2008-00004,MMD2010-00016,MMD2012-00001, MMD2013-00001, MMD2014-00028,MMD2015-00018,MMD2016-00011, MMD2016-00014, MMD2017-00008, MMD2017-00010,MMD2020-00020); • one planned development review (PDR2017-00017) that was reviewed concurrently with the most recent conditional use permit in 2017; • four pre-application conferences (PRE2003-00079,PRE2006-00079,PRE22011-00025 and PRE2017-00044); • one tree removal permit(TRE2015-00001);and • two adjustment and three variance applications (ADJ2017-00020,ADJ2018-00003, ADJ2018- 00004,VAR96-00014,VAR2004-00011). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Findings for only the applicable code sections are found below: 18.350 Residential Zone Development Standards 18.350.020 Applicability A. Applicability. The approval process and standards of this chapter apply to nonresidential development in residential zones. The modification is to a School Use in the R-4.5 zone. This chapter applies. 18.350.040 Development Standards A. Setbacks. 1. The minimum setback from any street property line is 15 feet. 2. The minimum setback from side and rear property lines is 20 feet. MMD2020-00034 Tigard high School Auditorium Modifications 2 of 5 FINDING: The existing auditorium building is 14.2 feet from the street property line. The building has an existing canopy that is 13.7 feet from the street property line. The side and rear setbacks are more than 100 feet. Changes to the building footprint are not proposed. This standard does not apply. 18.350.050 Design Standards C. Facade design. All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade.Different features may be used on different facades of the same building. 1. Facade articulation. A wall projection or recession that is a minimum of 6 feet in width and 2 feet in depth for a minimum of half the height of the facade and with a maximum distance of 40 feet between projections or recessions. 2. Roof eave or projecting cornice. a. An eave that projects a minimum of 12 inches from the building facade; or b. A cornice that projects a minimum of 6 inches from the building facade and is a minimum of 12 inches in height. 3. Roof offsets. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. Facade articulation and roof modifications are not proposed.These standards do not apply. 4. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. The applicant is proposing exterior modifications to an existing building. The modification is to replace the existing stucco and plaster paint with a flat metal panel on most of the second roof level. The flat metal panel will provide a visually distinguished look against the existing exterior finishes. The proposed metal panel will cover 40 percent of the building. This standard is met 5. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: a. A change in surface or siding pattern; b. A change in surface or siding material;or c. A change in the size or orientation of windows. 6. Window shadowing. All windows include at least one of the following: a. Window trim that is a minimum of 2.5 inches in width and 0.625 inches in depth; or b. Windows that are recessed a minimum of 3 inches from the building facade. 7. Enhanced entrances or awnings. a. All entrances other than emergency egress are covered with a permanent architectural feature that provides weather protection and is at least as wide as the entry, a maximum of 6 feet above the top of the entry, and a minimum of 5 feet in depth; or b. A permanent architectural feature is provided above all first-story windows, such as an awning or series of awnings,that are at least as wide as each window, a maximum of 6 feet above the top of each window, and a minimum of 3 feet in depth. The proposal only includes replacing the existing stucco and plaster paint with a flat metal panel. These standards do not apply. MMD2020-00034 Tigard I ligh School Auditorium Modifications 3 of 5 D. Materials. 1. The following materials are prohibited as exterior finish materials: a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing (EIFS), d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass, or g. Sheet pressboard. FINDING: The applicant's narrative states that none of the prohibited materials will be used. The proposed exterior finish is a flat metal panel with a six-inch reveal. This standard is met. 18.765 Modifications 18.765.020 Applicability A. This chapter applies to all proposals to modify an existing or proposed use, structure, site improvement, or condition of approval—for existing developments or land use approvals— when initially approved through one of the land use applications listed below: 1. Conditional uses, FINDING: The applicant is proposing exterior modifications to the existing auditorium building. The site has already received a conditional use permit (CUP2017-00006) and the proposed modifications qualify as a minor modification. The proposal can be reviewed as a Type 1 modification to a conditional use.This criterion is met. 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 exterior modifications to the existing auditorium building. The proposed modifications will not impact adjacent properties or any sensitive lands or public facilities.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: The applicant is proposing exterior modifications to the existing auditorium building. Staff has reviewed the proposal against all applicable standards in the CDC and found that the proposal does not cause the development to go out of conformance with any applicable standard. This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Final Decision: 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. MMD2020-00034 Tigard I ligh School Auditorium Modifications 4 of 5 THIS DECISION IS FINAL ON SEPTEMBER 28, 2020 AND BECOMES EFFECTIVE ON SEPTEMBER 29, 2020. Questions: If you have any questions,please contact Agnes Lindor at (503) 718-2429 or AgnesLna tigard-or.gov. XL"- . ` September 28.2020 APPROVED B Agnes' Lindor Associate Planner MMI)2020-00034 Tigard High School Auditorium Modifications 5 of 5 CITY OF TIGARD Approved byPlanning Date: 112i2D This sheet is for location purposes only of the existing Initials. Auditorium at Tigard High School.This drawing is only to be used to aid Staff at the City of Tigard in review of the Tigard High School Facade Minor Modification application submittal. Location of Auditorium Facade Improvements / C D - T r , SW nURHAM PD / 'VagH.24> 1i19>�LEY -L- R9` bassetb I_-- C 0. .. J I�1 - Y �n�/aI _ Ia. architects ° _ -_ _ .._ __-— _ _ `. 1 °— '.,' ,. 1 -. T 721 NW 9TM Aye.Suite 3W / /I i -- ,c•-.. - - -s / �F �i r Portland.Oregon 9'RBB .:. _ ___ _ 7oa E]0.P \` 8� AUDITORIUM HO S/ rfl—^I/ / _ ;..' , / :::::::: ®i �Y \ ABV ILDINGM .. / \ -I 1'. Fs-.:_lN! !{N .. NIIPIf etl R,l,. Am r J:. S /. I l x PFiF.�I Plam sw w.OYsf mmmn x n..9w mo, I - "p r\ '�� I I .R• I R i15a1H182YU ♦r��r��������1_�' � h f f ���♦ ♦A. , , i II 4.. ,'}�♦♦•.•.♦.• •.y.•.•P T cD EF©F \ r - - Ewe Caen resonr ...,,,aENGINEER IYUHE Mp51.,5uh.1] \ � a ° ° ` 1 li. ♦♦♦. .... .♦ f' \ \\ L a MECHANICAL ELECTRIULa 11 I / 1 !n A�I ,...' s I I PLUIBwG MOWER I Y BM 9W Fib......,9JY IWO I. 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EXTERIOR n ELEVATIONS 0 A3.18 Case #: MMD2020-0034 1111 City of Tigard '1 COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE O Accessory Dwelling Unit(ADU) El Modification: 0 Type I O Type II O Adjustment 0 Planned Development: O Annexation 0 Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan O Downtown Development Review: 0 Sensitive Lands Review: 0 Type I O Type II O Type I 0 Type II O Type III 0 Adjustment 0 Site Development Review: O Type I O Type II O Home Occupation—Type II O Subdivision 0 Land Partition 0 Temporary Use Permit O Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: O Marijuana Facility Permit 0 Modification n Discretionary Review O Miscellaneous: O Zoning Map Amendment 0 Type II El Type III PROJECT INFORMATION Project name: Tigard High School Auditorium Facade Brief description of project: Tigard-Tualatin School District would like to update the facade of the existing auditorium. this is a modification to the approved application plans under Planned Development Review(PDR2017-00003)and Conditional Use Permit(CUP2017-00006). SITE INFORMATION Location (address if available): 9000 SW Durham Road,Tigard,OR 97224 Tax map and tax lot number(s): Map tt 2S114AA, Lot#00100 Site size: 43.2 Acres Zone: R-4.5 APPLICANT INFORMATION Name: Tigard-Tualatin School District c/o David Moore Mailing address: 6960 SW Sandburg St. City/State: Tigard,OR Zip: 97223 Phone: 503-431-4016 Email: dmoore@ttsd.k12.or.us Applicant's representative: Day CPM c/o Wes Winship Phone: 971-708-9779 Email: wes.winship@otak.com City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION El Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplanneronduty@tiggrd-or.gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. Applica is sign)44A,1)re* Print name Date G ---- David C Moore, CFO August 28, 2020 Property owner's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USE ONLY Case No.: MMD2020-0034 Application fee: $344 Received by:Hope Pollard Date:9115/2020 PDR2017-00003 Related Case(s): c1iP2n17-onoo6 Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Tigard High School Auditorium Facade Tigard, Oregon Submittal: September 15, 2020 An Application for: Type I Minor Modification Applicant: Tigard Tualatin School District Agent: Day CPM 12745 SW Beaverdam Road, #120 Beaverton, OR 97005 Phone: 971-708-9779 Contact: Wes Winship wes.winship@otak.com Prepared by: Cardno 6720 S Macadam Avenue, Suite 150 Portland, Oregon 97219 Phone: 503-419-2500 Contact: Matt Lewis matt.lewis@cardno.com TABLE OF CONTENTS I. INTRODUCTION 4 GENERAL INFORMATION 4 SUMMARY OF PROPOSAL 5 SURROUNDING USES 5 II. CITY OF TIGARD - TITLE 18: COMMUNITY DEVELOPMENT CODE 6 CHAPTER 18 LAND USE APPLICATIONS & REVIEW TYPES 6 18.210 RESIDENTIAL GENERAL PROVISIONS 6 18.350 RESIDENTIAL ZONE DEVELOPMENT STANDARDS 6 18.710 LAND USE REVIEW PROCEDURES 7 18.740 CONDITIONAL USE 9 18.765 MODIFICATIONS 10 18.780 SITE DEVELOPMENT REVIEWS 12 III. CONCLUSION 12 EXHIBITS A. Land Use Type I Minor Modification Application (signed) B. Narrative C. Auditorium Facade Plans i. Site Plan ii. Elevations D. Product Information Sheet E. Title Documents Tigard High School Auditorium Facade Cardno Type I, Minor Modification 3 Submitted: September 15,2020 I. INTRODUCTION GENERAL INFORMATION Applicant: Tigard Tualatin School District Agent: Day CPM 12745 SW Beaverdam Road, #120 Beaverton, Oregon 97005 Phone: 559-907-1012 Contact: Wes Winship Email: wes.winship@otak.com Applicant's Representative: Cardno 6720 S Macadam Avenue, Suite 150 Portland, Oregon 97219 Phone: 503-419-2540 Contact: Matt Lewis Email: matt.lewis@cardno.com Tax Lot Information: Tax Map 25114AA, Tax Lot 100 Site Address: 9000 SW Durham Road, Tigard, Oregon 97224 Lot Area: 43.2 Acres Current Zoning District: R-4.5 (Low Density Residential) Tigard High School Auditorium Facade Cardno Type I, Minor Modification 4 Submitted:September 15,2020 II. CITY OF TIGARD - TITLE 18: COMMUNITY DEVELOPMENT CODE Chapter 18 LAND USE APPLICATIONS & REVIEW TYPES 18.350 Residential Zone Development Standards 18.350.020 Development Standards A. Applicability. The approval process and standards of this chapter apply to nonresidential development in residential zones. Response: The applicant is proposing to modify Planned Development Review (PDR2017- 00003) and Conditional Use Permit (CUP2017-00006). The proposed development is nonresidential and the compliance of the standards based on the proposed development are outlined below. 18.350.040 Development Standards B. Setbacks. 1. The minimum setback from any street property line is 15 feet. 2. The minimum setback from side and rear property lines is 20 feet. Response: The approved development under the previously approved Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006)was designed to ensure that all proposed applicable front, side, and rear setbacks were met. The existing auditorium's front set back averages 15.2 feet from the right-of-way line with the closest wall line at the northwest corner of the auditorium being 14.2 ft. from the right-of-way line. With this proposed facade change, the average setback reduces to 15.1 ft. The existing canopy on the auditorium is 13.7 ft. to the right of way line. However this feature may project into the setback as described in section 18.210.030.B. The side and rear setbacks are met. C. Height. The maximum height it 45 feet. Response: No change to the height of the building is proposed as part of this application. 18.350.050 Design Standards A. Entrances. Entrances must be provided in compliance with the standards of Subsection 18.320.050.A, and must be located within 25 feet of a street property line. Response: The applicant is not proposing to change or update the entrances to the auditorium as part of this application. B. Windows. All street-facing facades must provide a minimum of 25 percent of window area. Response: The applicant is not proposing to change or update the street facing windows of the auditorium as part of this application. Tigard High School Auditorium Facade Cardno Type I, Minor Modification 6 Submitted: September 15,2020 SUMMARY OF PROPOSAL Project Description —The applicant, Tigard-Tualatin School District, proposes both new construction and renovation at Tigard High School. Tigard High School was originally built on the site in 1952 and has been a longstanding community landmark ever since. The existing 229,129 square-foot education building complex that constitutes the high school campus is used for classrooms, administration offices, com4non areas, assembly areas, on-site parking, connective walkways, landscaping PE/Athletic areas (including gym space) and outdoor recreational facilities such as soccer, baseball, softball, football fields and tennis courts. Under the existing land use permits, most of the exterior facades of the school have been updated. The applicant is proposing to update the existing auditorium building facade, which is visually prominent along Durham Road. The applicant is proposing to add vertical metal paneling to most of the second roof level that will replace some of the existing stucco and plaster paint that was part of the 1982 design. This update will bring forth visual continuity of the High School along Durham Road, and bring the auditoriums exterior in line with the rest of the recent improvements. This land use application is to permit a Type I Minor Modification to Case Files CUP2017-00006 and PDR2017-00003. SURROUNDING USES TABLE A: SURROUNDING LAND USE Location Zoning Designation Land Use North R-4.5, R-12 Household living East I-P Industrial South R-12 Household living West R-4.5 Household living Tigard High School Auditorium Facade Cardno Type I, Minor Modification 5 Submitted: September 15,2020 C. Facade design. All street-facing facades must include at least 3 architectural features from the list below on the entirety of the facade. Different features may be used on different facades of the same building. 1. Roof offsets. A roof offset that is a minimum of 2 feet from the top surface of one roof to the top surface of another roof as measured horizontally or vertically with a maximum distance of 40 feet between offsets. Response: The existing horizontal and vertical roof offsets that are visible along Durham Road satisfy this design requirement. See Exhibit C. for reference. 4. Accent siding. A minimum of 2 different siding materials are used, and one siding material covers a minimum of 40 percent of the building facade. Response: The applicant is proposing to add a vertically oriented metal siding material to the second roof level of the facade that will be visually distinguished against the existing stucco and synthetic plaster EIFS. The total coverage of the new metal siding will meet the 40% requirement, as shown in Exhibit C. 5. Distinct base and top. The first story is visually distinguished from the upper stories by including a belt course and at least one of the following: a. A change in surface or siding pattern; b. A change in surface or siding material; or Response: The applicant is proposing to add a vertically oriented metal siding material to the second roof level of the façade that will be visually distinguished against the existing stucco and synthetic plaster EIFS thus adding a new pattern and material to the facade of the building. See Exhibit C, for reference. D. Materials. 4. The following materials are prohibited as exterior finish materials: a. Vinyl PVC siding, b. T-111 plywood, c. Exterior insulation finishing (EIFS) d. Corrugated metal, e. Plain concrete or concrete block, f. Spandrel glass, or g. Sheet pressboard. Response: The proposed siding material is a flat metal panel with a 6" reveal. See Exhibit C, for reference. This material is not considered corrugated metal and has been accepted by City staff via email correspondence dated 08/26/2020. 18.710 Land Use Review Procedures 18.710.040 Types of Reviews B. Review types defined. There are four review procedure types: Type I, Type II, Type III and Legislative. Table 18.710.1 contains the city's land use application types and associated review types. The review types are defined as follows: 1. Type I procedures apply to land use applications that are governed by clear and objective approval criteria or development standards that may require the exercise of Tigard High School Auditorium Facade Cardno Type I, Minor Modification 7 Submitted: September 15,2020 professional judgment about technical issues only. Type I actions are decided by the Director without public notice and without a public hearing. Response: The applicant is proposing to modify Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006) by adding metal siding to the existing auditorium facade. See Exhibit C, for information. As discussed below, the proposal is classified as a Type I Minor Modification and processed through a Type I procedure. In addition, the applicant has received written confirmation by City staff that the proposed modifications would be a Type I Minor Modification application procedure. 2. Type II procedures apply to land use applications that are governed by subjective approval criteria or development standards that may require the exercise of limited discretion. Type II actions are decided by the Director with public notice. If any party with standing appeals a Type II decision, the appeal of such decision will be heard by the Hearings Officer. Response: The applicant is proposing to modify Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006) by adding metal siding to the existing auditorium facade. See Exhibit C, for information. As discussed below, the proposal is classified as a Type I Minor Modification procedure, and not a Type II Major Modification. 3. Type III procedures apply to land use applications that are governed by approval criteria that require the exercise of discretion and judgment and about which there may be broad public interest. Type III applications are decided by the Hearings Officer (Type III-HO) or the Planning Commission (Type III-PC) with appeals to the City Council. Type III-Modified are decided by the City Council with a recommendation from the Planning Commission. Response: The applicant is proposing to modify Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006) by adding metal siding to the existing auditorium facade. See Exhibit C, for information. As discussed below, the proposal is classified as a Type I Minor Modification procedure, and not a Type III New Conditional Use. 4. Legislative actions involve the establishment and modification of land use plans, policies, and regulations. The Legislative procedure includes two public hearings; the first by the Planning Commission and then by the City Council. The hearings provide opportunities for public comment and input on actions that may affect large areas of the city. Response: The applicant is proposing to modify Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006) by adding metal siding to the existing auditorium facade. See Exhibit C, for information. As discussed below, the proposal is classified as a Type I Minor Modification procedure, and not a proposal that would require legislative review. C. Approval and appeal authorities. The approval and appeal authorities for each review type are provided in Table 18.710.2. The decision of the appeal authority is the city's final decision. Parties with standing may appeal the city's final decision to the Oregon Land Use Board of Appeals. Tigard High School Auditorium Facade Cardno Type I, Minor Modification 8 Submitted: September 15,2020 Table 18.71(1.2 Revies1 Types and CiIVAppeal _authorities Review Type Approval Authority Appeal Authority Type I Community Development Director None/Land Use Board of Appeals Type II Community Development Director Hearings Officer Type III-HO Hearings Officer City Council Type III-PC Planning Commission City Council Type 111-Modified City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Legislative City Council,with initial hearing and None/Land Use Board of Appeals recommendation by Planning Commission Response: For the proposed Type I Modification the applicant understands the approval authority is the Community Development Director and the final appeal authority is the Oregon Land Use Board of Appeals. D. Determination. The Director will determine the most appropriate review type for land use applications or actions requested. The Director determination is the final local decision and will favor the review type that provides the most appropriate public notice and opportunity for public comment. Response: The applicant is proposing to modify Planned Development Review (PDR2017- 00003) and Conditional Use Permit (CUP2017-00006) with the following modifications: • Addition of Metal Siding to Auditorium Facade As discussed below in responses to thresholds and criteria, the proposal is classified as a Type I Minor Modification, and not a New Conditional Use or a Major Modification. See Exhibit C for specific depictions of proposed revisions and modifications described in this narrative. In addition, the applicant has received written confirmation by City staff that the proposed modifications would be a Type I Minor Modification application. 18.710.050 Type I Procedure A. Decision requirements. The Director will approve, approve with conditions, or deny the requested application or action based on the applicable approval criteria and development standards. Response: As required, the applicant will fulfill all issued conditions of approval. 18.740 Conditional Use 18.740.040 Approval Process A conditional use application is processed through a Type III-HO procedure as provided in Chapter 18.710.070. Response: The applicant is proposing to modify Planned Development Review(PDR2017- 00003) and Conditional Use Permit (CUP2017-00006) with the following modifications: • Addition of Metal Siding to Auditorium Façade Tigard High School Auditorium Facade Cardno Type I, Minor Modification 9 Submitted: September 15,2020 As discussed below in responses to thresholds and criteria, the proposal is classified as a Type I Minor Modification, and not a New Conditional Use or a Major Modification. See Exhibit C for specific depictions of proposed revisions and modifications described in this narrative. In addition, the applicant has received written confirmation by City staff that the proposed modifications would be a Type I Minor Modification application. 18.740.070 Pre-Existing Conditional Uses A. A pre-existing conditional use is any established use currently identified in this title as a conditional use where the use was not initially subject to city regulations when established, but became subject to city regulations through annexation or incorporation. A pre-existing conditional use is the same as an approved conditional use for purposes of this chapter. Response: The existing conditional use is under Permit CUP2017-00006. This proposal is a Type I Modification to that existing CUP. B. A pre-existing conditional use is not a nonconforming use and is therefore not subject to the provisions of Chapter 18.50, Nonconforming Circumstances. However, any nonconforming development associated with a pre-existing conditional use is subject to the provisions of Chapter 18.50, Nonconforming Circumstances. (Ord. 18-28 § 1) Response: The pre-existing conditional use is not associated with any nonconforming development. 18.765 Modifications 18.765.020 Applicability B. This chapter applies to all proposals to modify an existing or proposed use, structure, site improvement, or condition of approval—for existing developments or land use approvals—when initially approved through one of the land use applications listed below: 1. Conditional uses, Response: The Tigard High School project was initially approved through a Conditional Use Permit. This application aims to modify the previously approved Conditional Use Permit (CUP2017-00006). 2. Planned developments, Response:, The Tigard High School project was initially approved through a Planned Development Review. This application aims to modify the previously approved Planned Development Review (PDR2017-00003). 18.765.040 General Provisions A. A minor or major modification land use review is limited in scope to an evaluation of the modification's compliance with applicable standards and the degree of impact, if any, on surrounding properties, sensitive lands, or public facilities. Tigard High School Auditorium Facade Cardno Type I, Minor Modification 10 Submitted: September 15,2020 Response: The proposed facade change to the existing auditorium will not additionally impact surrounding properties, sensitive lands or public facilities. B. A proposed modification involving a nonconforming use or development is subject to the provisions of Chapter 18.50, Nonconforming Circumstances, in addition to the provisions of this chapter. Response: The pre-existing conditional use is not associated with any nonconforming development and a modification is not proposed for a nonconforming use. C. A proposed modification that constitutes substantial redevelopment, as determined by the Director, requires submittal of a new land use application rather than a modification application. Substantial redevelopment is defined as a modification that involves substantial changes to uses, structures, site improvements, operating characteristics, or original findings of fact. Response: The applicant has submitted a proposal to modify CUP2017-00006 and PDR2017- 00003 through the City's Type I Minor Modification procedure. Substantial redevelopment is not proposed and does not involve significant changes to uses, structures, site or operating characteristics. 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 Response: The applicant has submitted a proposal to modify CUP2017-00006 and PDR2017-00003 through the City's Type I Minor Modificationprocedure. impacts are 9 Y Yp Majorp not proposed and does not involve significant changes to surrounding properties, sensitive lands, or public facilities. 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. Response: The applicant is not proposing non-conformance with this Type I Minor Modification proposal. C. Approval process. A minor modification application is processed through a Type I procedure as provided in Section 18.710.050. Response: The applicant understands approval is made through a Type I procedure. 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. Response: The applicant has submitted a proposal to modify CUP2017-00006 and PDR2017-00003 through the City's Type I procedure. This applicant's narrative demonstrates how the proposed Minor Modification complies with all applicable requirements. 2. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: Tigard High School Auditorium Facade Cardno Type I, Minor Modification 11 Submitted: September 15,2020 Response: The applicant is not proposing a modification of a condition of approval. 18.765.070 Major Modifications A. Definition. A major modification has the following characteristics: 1. It has more than minimal impacts on surrounding properties, sensitive lands, or public facilities but does not qualify as substantial redevelopment as defined by Subsection 18.765.040.C; and Response: The applicant is proposing a minor modification that is permitted under the previously approved Planned Development Review (PDR2017-00003) and Conditional Use Permit (CUP2017-00006). Auditorium Facade Plans in Exhibit C demonstrate that the applicant is proposing minimal impacts on surrounding properties, sensitive lands, or public facilities and therefore this request does not meet this change threshold for a Major Modification. 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. Response: The applicant is not proposing non-conformance with this Type I Minor Modification proposal. 18.780 Site Development Reviews 18.780.20 Applicability C. This chapter does not apply to development that requires or proposes review through the conditional use or planned development review process. Response:, As indicated above in the findings for change thresholds associated with determination of Minor or Major Modification, this proposal is classified as a Type I Minor Modification of an existing Conditional Use Permit (CUP2017-00006) and Planned Development Review(PDR2017-00003), and as such, does not require a Site Development Review. III. CONCLUSION Based on the findings addressed in this narrative and the supporting plans and studies, the applicant has demonstrated compliance with applicable sections of the Tigard Community Development Code. As such, the applicant respectfully requests that the Type I Minor Modification application to the previously approved Planned Development Review(PDR2017-00003) and Conditional Use Permit (CUP2017-00006) be approved as submitted. 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Phn-(503)222-3651 (800)929-3651 Fax-(877)242-3513 MULTNOMAH COUNTY TITLE UNIT FAX (877)242-3513 Title Officer: Jenny White (503)222-3651 jwhite@firstam.com LOT BOOK SERVICE Tigard-Tualatin School District 233 Order No.: 7019-2931751 6960 SW Sandburg Street September 01, 2017 Tigard, OR 97223 Attn: Sarah Mehrabzadeh Phone No.: (503)431-4093 - Fax No.: (503)431-4037 Email: smehrabsadeh@ttsd.k12.or.us Re: Fee: $500.00 We have searched our Tract Indices as to the following described property: The land referred to in this report is described in Exhibit A attached hereto. and as of August 24, 2017 at 8:00 a.m. We find that the last deed of record runs to School District 23J, Washington County, Oregon, as Successor to Union High School District No. 2J, Washington County, Oregon (Tigard) We find the following apparent encumbrances prior to the effective date hereof: 1. City liens, if any, of the City of Tigard. 2. Statutory powers and assessments of Clean Water Services. 3. Easement, including terms and provisions contained therein: Recording Information: January 29, 1906 as Book 71, Page 304 In Favor of: Adjacent property owners For: Wagon road Affects: The East portion of Parcel III Ntst Almetican Title Lot Book Service Guarantee No.:7019-2931751 Page 2 of 5 4. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: February 18, 1953 as Book 341, Page 413 5. Easement, including terms and provisions contained therein: Recording Information: September 08, 1975 as Book 1042, Page 817 In Favor of: Tigard Water District, a municipal corporation of Washington County, Oregon For: Underground pipeline and/or mains Affects: The Northerly portion of Parcel III 6. Maintenance Provisions Agreement and the terms and conditions thereof: Between: W. H. Shipman, Limited, a Hawaii corporation And: Tigard-Tualatin School District 233 Recording Information: November 02, 2000 as Fee No. 2000 089319 7. Restrictive Covenant, including terms and provisions thereof. Recorded: November 03, 2005 as Fee No. 2005 138317 8. Easement, including terms and provisions contained therein: Recording Information: May 10, 2007 as Fee No. 2007 051934 In Favor of: City of Tigard For: public utility - permanent Affects: A portion of Parcel III 9. An unrecorded lease and the terms and conditions thereof, disclosed by instrument recorded August 23, 2010 as Fee No. 2010 064703. Lessor: Tigard-Tualatin School District No.23J Lessee: Tigard-Tualatin Aquatic District Dated: July 01,2010 Term: shall terminate on June 30,2030 (Affects Parcel III) 10. Unrecorded leases, if any We have also searched our General Index for Judgments and State and Federal Liens against the Grantee(s) named above and find: NONE We find the following unpaid taxes and city liens: 1. Taxes for the fiscal year 2017-2018 a lien due, but not yet payable. RTs4Amencan Title Lot Book Service Guarantee No.:7019-2931751 Page 3 of 5 2. Taxes, including the current fiscal year, not assessed because of Schools Exemption. If the exempt status is terminated an additional tax may be levied. Account No. R517220. THIS IS NOT a title report since no examination has been made of the title to the above described property. Our search for apparent encumbrances was limited to our Tract Indices, and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with this Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or other services. Rtstgmencan nde Lot Book Service Guarantee No.:7019-2931751 Page 4 of 5 Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: A parcel of land located in Section 14,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and being described as follows: Beginning at the Northwest corner of that tract of land described in Deed Book 341, page 413, said point being West 1760.0 feet and South 0°01' West 940.5 feet from a stone at the Northeast corner of said Section 14; thence East, along the North line of said tract, 880.00 feet to the Northeast corner thereof, said point also being on the West line of that tract described in Deed Book 585, page 210; thence Northerly, along the West line of said Deed Book 585, page 210 and the Northerly extension thereof, 940.50 feet to the North line of said Section 14; thence Westerly, along the North line of said Section 14, 880.00 feet to the intersection of the centerlines of SW Durham Road and SW 92nd Avenue; thence Southerly, along the centerline of SW 92 Avenue 940.50 feet to the point of beginning. EXCEPTING THEREFROM those portions lying within the boundaries of SW Durham Road and SW 92nd Avenue. ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street purposes recorded January 17, 2008 as Fee No. 2008 004472. PARCEL II: A parcel of land located in Section 14,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and being described as follows: Beginning at the Northwest corner of that tract of land described in Deed Book 341, page 413, said point being West 1760.0 feet and South 0°01' West 940.5 feet from a stone at the Northeast corner of said Section 14; thence East, along the North line of said tract, 880.00 feet to the Northeast corner thereof, said point also being on the West line of that tract described in Deed Book 585, page 210; thence Southerly, along the West line of said Deed Book 585, page 210 and the Southerly extension thereof, 544.50 feet to the North line of WAVERLY ESTATES, a recorded subdivision; thence Westerly, along the North line of said WAVERLY ESTATES subdivision, 880.00 feet to a point in the centerline of SW 92nd Avenue; thence Northerly, along the centerline of SW 92nd Avenue, 544.50 feet to the point of beginning. EXCEPTING THEREFROM that portion lying within the boundaries of SW 92nd Avenue. ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street purposes recorded January 17, 2008 as Fee No. 2008 004472. PARCEL III: Beginning at the Northeast corner of Section 14,Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon; running thence West along section line 53 1/3 rods; thence South 30 rods; thence East 53 1/3 rods to section line; thence North along section line 30 rods to place of beginning. EXCEPTING THEREFROM those portions lying within the boundaries of SW Durham Road or SW 85th Avenue. arsmaierycan Title Lot Book Service Guarantee No.:7019-2931751 Page 5 of 5 ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street purposes recorded June 07, 2007 as Fee No. 2007 063003. AND ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street purposes recorded January 17, 2008 as Fee No. 2008 004472. PARCEL IV: The West 260 feet of the followingdescribed tract of land situated in Section 14, Township2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning at a point 30 rods South of the Northeast corner of said Section 14; thence West 53 1/3 rods; thence South 36 rods; thence East 53 1/3 rods; thence North 36 rods to point of beginning. PARCEL V: The West 260 feet of the following described tract of land situated in Section 14, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning at a point 66 rods South of the Northeast corner of said Section 14; thence West 53 1/3 rods; thence South 24 rods; thence East 53 1/3 rods; thence North 24 rods to point of beginning. NOTE: This legal description was created prior to January 1, 2008. Rrsmalencan Title •r.• so ` First American 3 i7 First American Title Company of Oregon 121 SW Morrison Street, Suite 300 Portland, OR 97204 Phone: (503)222-3651/Fax: (877)242-3513 PR: NWEST Ofc: 7019(1011) Final Invoice To: Tigard-Tualatin School District 23J Invoice No.: 1011 -7019141799 6960 SW Sandburg Street Date: 09/01/2017 Tigard,OR 97223 Our File No.: 7019-2931751 Title Officer: Jenny White Escrow Officer: Customer ID: 6959356 Attention: Sarah Mehrabzadeh Liability Amounts Owners: Your Ref.: Lenders: RE: Property: 16300 SW 92nd Avenue,Tigard,OR 97224 Buyers: School District 23J,Washington County,Oregon Sellers: Description of Charge Invoice Amount Report:Lot Book $500.00 INVOICE TOTAL $500.00 Comments: Thank you for your business! To assure proper credit,please send a copy of this Invoice and Payment to: Attention:Accounts Receivable Department PO Box 31001-2266 Pasadena, CA 91110-2266 Printed On: 1/26/2016,10:44 AM Requester: JKW Page:1 N Reference Parcel Number 2S114AA 00100 W , `. ' 1 t 17r— S fi ` r- sill. 'AM j _...3 1 i. I ^ t T i 1E f l i'..„_._ - • 1 123-74 se — .».. �. I • . . I. I i I ________ - _ _�; 1 - q 5 I I I 1 1 . f. 1,It I II It . -rt••• ; tl _ b.I-- - -t�.h Tor- -s-�.,. w ,..E A„ _ 25 1 ',IAA, 1 M Property Information Department First American 121 SW Morison Street Suite 300 Portland.OR 97204 Title Company of Oregon Plane:503.219.TRIO(8746) Fax:503 790.7872 r es. I p g Email:pid.portland@firstam com THIS MAP IS PROVIDED AS A CONVENIENCE IN LOCATING PROPERTY FIRST AMERICAN TITLE COMPANY OF OREGON ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY AN ACTUAL SURVEY