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MMD2010-00004 NOTICE OF TYPE I DECISION V MINOR MODIFICATION (MMD) 2010-00004 TIGARD CHRISTIAN CHURCH PRE-SCHOOL 120 DAYS = 06-23-2010 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Christian Church Pre-School CASE NO.: Minor Modification (MMD) MMD2010-00004 PROPOSAL: The proposal is to occupy three existing classrooms on the lower level of the Education Wing of the Tigard Christian Church for use as a church sponsored pre-school. No physical changes are proposed for the building or the site. APPLICANT: Richard Heiserman OWNER: Tigard Christian Church 8438 SW Ashford St. 13405 SW Hall Blvd. Tigard, OR 97224 Tigard, OR 97223 LOCATIONS: 13405 SW Hall Blvd., WCTM 2S102DA, Tax Lot 00701. ZONING DESIGNATION: R-12: Medium-Density- Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a mini num lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 13405 SW Hall Blvd., WCTM 2S102DA, Tax Lot 00701. The church building is in the northeast corner of the parcel and at the intersection of Hall Blvd. and Omara Street. The church has conditional use as a place of worship, including the educational wing. ,1 pre-school is an approved accessory- use per Director's Interpretation dated January 28, 2010. MMD2010-00004 Tigard Christian Church Pre-School 022410 Page 1 Proposal Description: The proposal is to occupy three existing classrooms on the lower level of the Education Wing of the Tigard Christian Church for use as a church sponsored pre-school. No physical changes are proposed for the building or the site. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF APPROVED OR EXISTING CONDITINAL USE: Section 18.330.020.11 contains the following criteria for approval of a request for Minor Modification: Section 18.330.020.B.2 states that the Director shall determine that a major modification will result if one or more of the changes listed below have been proposed; a. A change in land use; There is no change in land use. A church sponsored pre-school is an approved accessory, use per Director's Interpretation dated January 28. 2010. This criterion is satisfied. b. A 10% increase in dwelling unit density; There are no dwelling units on the property. Therefore, this criterion does not apply. C. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; The proposal does not require additional on-site parking or changes in the type or location of access ways. Therefore this criterion does not apply. d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; "There are no proposed changes in the floor area. Therefore, this criterion does not apply. e. A reduction of more than 10% of the area reserved for common open space and/or usable open space; There are no reductions of common open space or usable open space. Therefore, this criterion does not apply. f. A reduction of specified setback requirements by more than 20%; There are no setback reductions. Therefore, this criterion does not apply. g. An elimination of project amenities by more than 10% where previously specified provided, such as: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions; and The proposal does not reduce the project amenities. Therefore, this criterion does not apply. MMD2010-00004 Tigard Christian Church Pre-School 022410 Page 2 h. A 10% inc. -se in the approved density. There is no increase in the approved density. Therefore this criterion does not apply. FINDING: Based on the analvsis above, Staff finds that the criteria for minor modification of an approved or existing conditional use have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: Z The applicant and owners Z Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 24, 2010 AND BECOMES EFFECTIVE ON FEBRUARY 25, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, "Tigard City- Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. n 7 February 24, 2010 APPRO ED BY: Darrel "Hap" Watkins DATE Assistant Planner MMD2010-00004 Tigard Christian Church Pre-School 022410 Page 3 i N2" YZ" I"e 1117. &4' „ j ► ' u Ili iii I i~ ► ~ D ' W --I - m \1 N i g , yte ouch c~ CITY OF TIGARD, m Approved . i ✓F 6 co r'onditionally Approved ~z For only the work as descr be in. s~.~ co P19MIT NO.,~`1J''I! ~ DDy ' See Letter to: Follow----------------------- ( y o_ Mach _ ® I I u ° M Job Ad Jr s: " 7 y . Gate: ? _/v L77"PO c1/R/S~1 W c vCai1 •0 ARUlr'/,~" CBS 5W /LCL tJ 1/FsYO? a¢ 97sz3 r7~ 7ZY1 6 so° 117-.7/a sosr a2q-7y77 City of Tigard FEB 1 9 2010 1 ioGAky f~ca nr pe I Application Senor Mod' 1 -K, r GENERAL INFORMATION In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address/Location(s): _ Title 18 of the Tigard Development Code. To complete 2 this review, the Applicant's proposal must include a Tax Map & Tax Lot #Is):If-SI 2 1`/dX 74~ discussion indicating how the site expansion/ change ,vill continue to comply with the maxunum setback, building Site Size: /s (1 height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: ts6 v j storage, non-conforming situations, signs, and tree Address: ;Z41e742 <;w removal may also be applicable depending on the type and na City/State:Zip: location of the proposed modifications. Primary Contact: Phone Fax: E-Mail: ELACHC A1,&tA' , GdGJ^ Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than on eLl/~~~ /n~ (Applications will not be accepted without the l L following required submittal elements) Address: /1954~o ;,W 114& Aaahone: City/State: f-lb~i'210 Zip: 9722 Application Form Owner's Signature/Written Authorization * Wien the owner and the applicant are different people, the Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an Site Plan (4 Large Plans & One -Reduced to 8'/~°° x agent of the owner. The owner(s) must sign this application 11 in the space provided on the back of this form or submit a Applicant's Statement/Narrative (4 copies) written authorization with this application. Filing Fee $579.00 Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria 5 discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) - Conditional Use. If the FOR STAFF USE ONLY modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Case No-(s): L{ t c) 010 - 600 )U Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement: Receipt No.: C 7~ 3 The applicant's statement must include a summary of the Date: q /U proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By S, to each criterion. Failure to provide the information needed Date Determined Complete: to process the application would be reason to consider an Revised: 1-J u1-09 application incomplete and delay \cur rn\mastecs\and use a lications\minor modification a docx review of the proposal. City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 M-i 503F-639 4171 ....h . www.tigard-or.gov Page 1 of 2 To consider an application complete, you mill need to submit .4L L of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Apphcations.) THE APPLICANT(S) SHALL CERTIFY THAT: o The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro er o If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. o All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true-. and the applicants so acknowledge that anjT permit issued, based on this application, and may be revoked if it is found that any such statements are false ® The applicant has read the entire contents of the application, including the policies and criteria, and MderAands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of ~ ?S~ , 20 T~ Owner', ignature ner's Si f-e. Owner's Sign re O er's Signature O ner __S' nature Owner's Signature t_n E I i- aid` 7y _i au _ 1')125 SW I Ia11 Blvd., Tigard, OR 97223 5116-639-4171 u\x,v Tigard-or ocw i Page 2 of 2 CITY OF TIGARD RECEIPT 4 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 176963 - 02/19/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010-00004 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2010-00004 Minor Modification to an Approved Plan - 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 31267 STREAT 02/19/2010 $579.00 Payor: Tigard Christian Church Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 ~SZ AME RIB, 4~ First American Title Insurance Company of Oregon Washington (OR) Prepared For: Prepared By: Property Information Division 222 SW Columbia St, Suite 400 - Portland, Oregon 97201 Phone: (503) 219-TRIO Fax: (503) 790-7872 OWNERSHIP INFORMATION Owner : Tigard Christian Church Ref Parcel Number : 2S102DA 00701 COObvner T: 02S R: O 1 W S: 02 O: 251 Site Address : 13405 SW Hall Blvd Tigard 97223 Parcel Number :R0468087 Mail Address : 13405 SW Hall Blvd Tigard Or 97223 Map Number Telephone Owner: 503-639-5713 Tenant: County : Washington (OR) SALES AND LOAN INFORMATION Transferred Loan Amount Document ii Lender Sale Price Loan Type Deed Type Interest Rate % Owned Vesting Type PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page & Grid : 655 F5 MktLand : $675,000 Census Tract: 308.01 Block: 1 MktStructure : $1,484,720 Subdivision/Plat .MktOther Neighborhood Cd : HALL WktTotal : $2,159,720 Land Use : 9602 Soc,Religious Organization M50 Assd Total Legal : ACRES 3.49, NON-ASSESSABLE % Improved : 69 08-09 Taxes Exempt Amount Exempt Type Levy Code : 02374 Millage Rate : 16.4706 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : 3.49 Year Built : 1964 Bathrooms Lot SgFi : 152,024 E,fflearBlt : 1975 Heat Method : Comb Htg\cool Bsm Fin SgFt Floor Covet- : Carpet Pool Bsm Unfin SgF1 Foundation : Concrete Ftg Appliances Bsm Low SgFt : 12,110 Roof Shape Dishwasher Bldg SgFt : 35,433 Roof Matl : Comp Shingle Hood Fan I si Flr SgFt InteriorMat : Drywall Deck Upper Flr SgFt Paving Matl : Asphalt Garage Type Parch SgFt Const Type : LVd Stud\shtg Garage SF Attic SgFt Ext Finish :244 Deck SgF1 This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries Wll not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. ~.+:•='~'r-`z , an tom. a ~fwa tel. s, r= ,cr - ti... - • t.'~4; m ?S 1'S K ~rA1 "i sra x Ii TIk' ° h• ~.-.,...i,.............~.::F•Ywf:r+..•:b .z..r..<~,_ ..>zu-"'"~ ' -y'"~-'..p...._. -.~••„o,.-iw'{' - f - ~rA v _ - .reran. xa•a.• ace .r M N.. r7f-eACGA1N AND SAL$ DECD IlndWldre7 •r Gr,onir,. onT~r• 86009726 X ~ f BARGAIN AND sAEfi oleo 3 KNOW ALL MEN BY THESE PRESENTS, Thnt......Vi11a Ridge Christian Church, i F - w ~'i en •Oregon non pr^fit corporation hcrcincft c,!IadBantor r• for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto Tig'Ird Christian I t Church, an Gregon nonprofit ro-r{!ora,tion ..L I+ i ' hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that cc a r real property with the , i tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, ,Ifurtod in the Cou•:!y ;i of Wae.hin.5 ton State of Ore goo, described es follow; to-wit: See exhibit A attached hereto nd made a part: hereof as though I 1=R7 x yet £crth fully herein. u p u r I .wy The Grantor, changed its name by Articlao of ,..,,andment filed February 24, z ~1I 1904 in the Corporation, Commissioner's office, State of Oregon, co TIGARD CHRISTIAN CHURCH. This deed is to reflect said change on the dP=d recor•is of Washiu:.tCItL Countp.• Cr<:n.tor.and rrantep are khe sale,. legal entity. titer Y ~I I r II I .r I ~ ~I (IF .PACE INSUFFICIENT, CONTINUE DESCRIPTION ON P., M 11 REYERiE SIbEI 9 l.. To Have and to Hold the same unto the said grantee and grantee's heirs; successor:, -,,-.d assigns fet ever. Tom. 4 The true and actual consideration paid for this transfer, stated in "terms of dollars, is a... n o n.e - n-e: cc!ca! I k l.-:eror, Olo consideration consists of or includes other ProP, erty or value siren or nrorn.2d which is L~l: h the whole consideration indicate which) port or the (The eentm:da betwa.n the aymbaLO,it not apAlirable,Ah.nld he deleted. So. OAS 93.070.) I h.:Ai:~r In construing this deed and where the context so requires, the singular includes the; p;ural and all kremmatical changes shell be implied to make the provisions hereof apply equally to co f? rations and to individuals. In Witness Wheieof, the grantor he, executed this irutrument rhis..27 ...day of. _ .1 eh 14 -1 rq 9S 0, it a corporate grantor, It has caused its name to be signed and seal affixed by its yfhcerliouh authoried th r to by I - order of its board of directors. sC/~/jw.,r s Gf I~r' f THIS INSTRUMENT DUES NOT GUARANTEE THAT ANY Chaiiman DESCRIBE I PARTICULAR USE II AY ES MMAGE EN OF THE PROPERTY . . L 1N THIS INSTRUMENT. A BUYER SHOULD , '°~t - I CHECK WITH TV! kPPROPRIATE CITY.OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. 4A7~.~ lflX~... I E (111h. .Iyyn•r N he a0•v. h a u,perali M.. - I UF„ uiA}r I. 1.rm of .rYnawi•demml o,pvU4•I (ORS IOd.570) ~R t 11 . v t (t n . )ea I ~I r0,k~ s t STATE OF OR ) STATE OF OREGON, County of . ~'1 I ) 10' The I g6/n' inst,umenf uat e k ou•I.ng d baiur nr^ lhie tr a;-YY 6 County t Febru aryo.y !v 8§',b 'T'r V~<< Tr J ri_ - Th. fo .going ineuum of m ack lodged bdf.u. ~ ' C m a IS. hbf f r°r .•l i~ ~:t~G?t bS1b31Tf end by h .a. ir - me th.a 9-. b y of raa.t0 whet 1 acreterr 6 ~ a 7 S b L . f. 4. . .i G.r n.Sr P r t a.`10.1r17...~'LE4 t`.li3C .A.r.e gGg corporntilo n&ahR7t oft~c to inrhttorr, -j 3 f.V,-• I Not ry Pubflc for Oregon - N tn(Y Puffer far Orngan (SEAL) Q. + - r(SE";j Mycommis!..-pine. AtY eArr+mleeTq,e1Rlr.a. 3^ O / ,u.,.a M••••~,Y:111 I WVI.'v2 i d.M Villa Ridge Christ'.-ian Church STATE Oh`t!!?EGvN, 4 ' D I ,~aa=•s ) t • County of AS.jr JnANTOA MANL AMU n.x[.tl Cd' - Tigard Christian Church - inept was rnrrci:edt fore rrcorrrf on the s~x1 at 'clock If.. and iccorded .oANTCL. AMC ANI. AU..Re. LPAGF ar.[e VRO , in book/reel/volume NO on Ali, . dlne,ax E . on Na.rvir 1) gaga or as Jea/fife/inatnr a9 pace-.Rn•. u.c I Bowent. ment/microrilrr,/rccoptiotl ArP............... I e..-?fS 11825 S,W.' Creenburg Road Record ofDredsofsnidr•nunir. Tigard, OR 97723 Witness my hand and sent of P? 1 rIAM Anonr n., rIr "f-T'~A. - d Cou:Ify affixed, k- wu Yndl ..hanp• It rgr•n•d 91114K udI nb nr.D be um to IM fell* wlxe .dam.. FE"..~;r.•^t Tigard Christiant t:hurclt t 13405 S.W. :Hall iloulovard HAMR TITLR ..T.:SaT t,• 01: ..97.23 By ......I;rputy IR_ tf Aue AI nose. nn . I - ~ L ti .5. 179c.s.:77 ~,..,....'5 ._.+4 ~+°..kuni~.s-•n-..._--L._.....~''.:;rsYsm:~'kk'll.'`~~_'r:~ - uraeix~_ 1 a EXHIBIT A This Exhibit is attached to and made a parr of that Cary cgrtain Bargain and,Sale Deed by Viliu :ridge Christian Church, _ Gkantor, to Tigard. Christian' Church, Grantee dated ,rebruary, j', 1986. O=L-r 17o. W 32247 t - - DESCRIIMM11 - 6.'tat 1 tract of land located' in a portion of the prgxrty awned ;Y W. J. i, Cottrell, locatad in Section 2, Ta rnsl-dp 2 South, Rana _ 1 I•d=st; Willwatte Meridian, Tigard, Washington County, Oregon, 'achl do=ri.ed _ as fol.texts ; _ Beginnirig at a point, in the Donation Land Clairn of W. W.. Grsahmn and ;,rift in Section 2, Tom i ip 2 Sotztrt, Range 1 West, tJil lartstte I-seridiari; Washington. County,. Oregon, 6.25 chains South and 4.50 c:IWAns :Jest of the rniartnr corner between Sections 1 Grd 2 in sail Township and Ranee, said point being in the centerline of State highway $217 (Counbi Road #227); t n =e South 00 22' Sze st alr,,xi the { : - E centerline of State iiig:naay 3217 (County Road 4227) to its .....arsecti-on _ = Wits -ne cenceriir>A: 0i County tnal tr567 iutxrs•a jZ.L to t41161 El : s_ an iron pipe beats South 89° 00' East 20 feet); thence North 890 ...rte. uY b 00' Mast 515.30 feet along the centerline of Count Road 4567 R (n-tara Street). to an imp piix; thence North 01 25 ` East 20.00 • ..•M a feet to an iron on t'ae northerly' b:undary of County Razid 456: f (Ctaara Street), and true point of beginning of the lxarcel herein ti described: thence North 01° 25' East 327.50 feet to an iorn rod; _ thence North 016 25' East 95.00 feet to a point in th-a o:_nterl.ine 1 Fgr" of Panno Creek; thence South 78° 56! East 110.52 2eet t= a point in the canterli.ne of Fanno .reek; thence South 00 22' Ear; 87.40. feet . ' to an iron rod; thence South 836 01' East 380.00 feet to an iron t rod on the wastasly boui>azy of said State Itighway 421.7. (Coortty }i tiT - - Road $227) and 20 feet iron the centerline. thereof; th.,--ace South 01 f•,rr,.,.~.- 1 22' West 276.20 feet along the westerly line of State ?igh:tay 4217 , - (County Road 4227) and 20.70 feet West_rly tram the centerlie: of said 'State Highway 4217 to an iron pion on the north boundary of County Road 4567 (Ckrara Street); thence North 891 00' Wast 495.30 _ - fit along the north -line of County Rte. 4567 to an iron rod and true point of beginning of the parcetl herein dr-scri)--d. - ' STATE OF OREGON ~ SS 4*~°"~ . County of Washing- •n t - I, Dc^alo W. Mdrnn, Dlractor of A~.,d;::ment r j and Taxation and Ex•e{tlc . nocordor of Con- catx''- - - vdyances for said .:c-ilty, do h!nrby.coivy vw C;.i•~ tho within Intt u-rnent of wdt,io Yrat rocciv,d and racovdod to toot: of ;.;coMS of sa{d county. tr'` - 'v . Donald W. fdaad;t. U.,cuctor c' Sy' - Anseranan; end Teizaton,' Ex. o--t rdoC•uun - - - ON h IUMAR -6 PM 2:07 6brY • FY ` yy ~ r February, 2010 City of Tigard FB 1 9 20 Minor Modification - Type I Application iii OF TrGA ;r I: Applicant's Statement: Tigard Christian Church is solely owned by the congregation and governed by a Board of Elders. There are paid staff members which deal with the day to day operation. Tigard Christian Church located at 13405 SW Hall Blvd., Tigard, OR 97223 intends to operate a preschool within the existing building Monday through Friday. Operation of the preschool will occur at times currently when the building is not heavily used. This preschool will serve children ages 3 to 6. It is anticipated that there will be no more than 40 children maximum per day in the preschool. In January 2010 at a congregational meeting, the Church voted to add the preschool as another Ministry Team of services it offers to the congregation and the community. Operation and control of this team will be no different than any other ministry team at Tigard Christian Church. Attached is a letter explaining in more detail of how the school will function to Darrel Watkins, City of Tigard, dated November 18, 2009. The preschool intends to occupy three existing classrooms on the Lower Level of the Education Wing. The classroom rooms on the Lower Level are connected to a rated corridor that exists directly to grade at either end of the corridor. Arrival and departure for the school will use the West exit. Parking and/or drop off will occur from the adjacent existing parking area. There are no building additions or alterations with this Ministry Team. There are no additions or modifications to existing site parking. There are no modifications to vehicle or pedestrian access to the site. There are no anticipation of exterior signage on the property or the building. Existing Conditions: The building was originally construction in 1964 and since that time it has had three additions. The most recent in 1991 with the construction of the Education Wing which is the area of the building we are proposing to locate the preschool. According to existing construction documents the building was classified with the City under UBC as an A-3 Occupancy, Type 5-1 Hr Construction. According to today's Code: 2007 Oregon Structural Specialty Code, we believe this to be; A-3 Occupancy, Type 5-A Construction. There currently exists a Two Hour Fire Wall with one and one half hour fire rate doors between the Education Wing and rest of the building. This Wing is two stories, rectangular in shape with an exit at each end which exists directly to the outside at grade from the Lower Level. The Education Wing is not sprinkled and is approximately 6,200sf per floor. Within this Wing there is a one hour rated double loaded corridor with self closing 20 minute rated doors to individual rooms. .Q Evaluation Criteria, City of Tigard 18.360.050 (B): ~y M ~ q✓IY 07 ~Z 1. An increase in dwelling unit density, or lot coverage for residential 0'0 / development; ' Does not apply. 2. A change in the ratio or number of different types of dwellings units; Does not apply. 3 A change that requires additional on-site parking in accordance with V Chapter 18.765; It is anticipate that 6 to 10 spaces will be used by preschool staff and parents although most parents will be dropping children off and parking only temporarily. 4. A change in the type of commercial or industrial structures as defined by j the Uniform Building Code; t/ Does not apply. 5. An increase in the height of the building(s) by more than 20%; Does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There will be no changes to parking lot ingress/egress. Drop off for the preschool will occur in a similar location to that servicing the Church on Sunday morning. 7. An increase in vehicular traffic to and from the site and the increase can L be expected to exceed 100 vehicles per day; The preschool will be operating at off times from that of the Church functions. It is anticipated that multiple children will arrive/depart in individual vehicles however assuming one child arrives/departs in a single vehicle (40 children) and 6 staff the total trips will be 92. 8. An increase in the floor area proposed for a nonresidential use by more I,"' than 10% excluding expansion under 5,000 square feet; Does not apply. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; Does not apply. 10.A reduction of project amenities below the minimum established by this code of by more than 10% where specified in the site plan: a. Recreational facilities; No reduction in recreational facilities is planned. b. Screening; and/or No reduction in screening is planned. c. Landscaping provisions V No reduction in landscaping is planned. Attached is a site plan identifying the existing building, parking and location of the proposed preschool. Sincerel , Richard Heiserman, FCSI, CCCA, AIA Architect 8438 SW Ashford St. Tigard, Oregon 97224 503 639-7477 CHRISTIAN CHURCH reacbiq for Got) FEB 1 9 20 CITY OF Tl( A, , November 18, 2009 Darrel "Hap" Watkins Assistant Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Tigard Christian Church Preschool Dear Hap: As you are aware Tigard Christian Church has been seeking a means by which an existing Preschool may use our building. It is apparent from the Pre-Application Conference that the developmental costs imposed will not make it practical to allow these two entities to co- exist and therefore we have decided to stop pursuing that direction. The elders of Tigard Christian Church have elected to move ahead with a `religious based' preschool that is developed, overseen, and run by Tigard Christian Church. We feel this program is very similar to other Christian Preschools currently in operation in other churches within the City of Tigard. We feel a church-run preschool is in keeping with our mission to expand our message that God has entrusted us with. The following is an effort to explain in more detail our intent to develop this preschool that will be `religious based' and controlled by the Church and in accordance with our existing operating agreement. -At our annual Congregational Meeting on 11-15-09 the Congregation voted to approve the Tigard Christian Church Preschool as a new Ministry Team. It will strive at all times to teach, show, and follow the words of the Bible. -The preschool, instructors, curriculum and operation will be under the control of the Elders of Tigard Christian Church. As has been previously noted, Tigard Christian Church is not connected to, or associated with, a governing board or denomination. All policy and direction is given by the Elders. -All instructors of this preschool will be employees of the Tigard Christian Dr. Calvin Habig Church. They will be interviewed and hired based on the same hiring criteria Senior Minister that other employees of the Church have been. Will Fox Worship Minister -As employees of the Church, these instructors will be given the same benefit Matt Rader packages, including insurance, as those given to existing employees. Student Minister 13405 SW Hall Boulevard Tigard, Oregon 97223 Phone: 503.639.5713 Fa,c 501958.9110 M _ CHRIS 1 I r-The curriculum used in the school is: Cindy Cederberg's, Little Scholars Christian Preschool copyrighted curriculum. The Tigard Christian Church will license the use of this curriculum and the Elders will oversee the implementation. This curriculum is predominately `religious based' and reflects the spiritual beliefs of Tigard Christian Church, as well as the purpose for which we exisr as a Church. We feel this preschool, as another Ministry Team of the Church enhances and complements other Ministry Teams that currently operate within the church building throughout the week. Sincerely, Dan Wurgler, Chair of Elders &L c/ Walter Gcrmer, Vice Chair of the Elders i i' Tom Richardson, Chair e Congregation Bruce Varney, '&e Chair of the Congregation Dale Kimball, Elder ltyle Bernard, Elder Dr. Calvin Habig Senior Minister Will Fox Worship Minster Richard Heiserman, Elder Matt Rader Student Minister 13405 SW Hall Boulevard Tigard, Oregon 97223 Phone: 503.639.5713 Fa>c 503.968.9110 DIRECTOR'S INTERPRETATION 6 DATE: January 28, 2010 CODE CHAPTER: 18.330.020.B.2.a TOPIC: May a church have a pre-school as an accessory use by a minor modification of its conditional use as a religious institution, LOCATION: Citywide 1. INTRODUCTION The relevant section of the Community Development Code is stated in Section 18.330.020; B.) Major modification of approved or existing conditional use: 2.) The Director shall determine that a major modification has resulted if one or more of the changes listed below have been proposed: a.) A change in land use; Section 18.120, "Definitions", does not define accessory use. Section 18.130 "Use Classification" distinguishes between religious institution and institutional daycare (pre-school). When the two uses are proposed on the same premises there is a question whether one use can be considered accessory to the other. II. RELEVANT CONDITIONS REQUIRING A DIRECTOR'S INTERPRETATION 1) Accessory use is not defined in the Development Code Section 18.120. 2) There are no guidelines for determining if the application of accessory use to a conditional use would require a major modification or a minor modification review. III. ANALYSIS A pre-school (institutional daycare) on the premises of a church usually occupies Sunday school classrooms or other rooms that are part of the normal accessory spaces of the church. Churches normally have more than enough parking for pre-school use, as the peak hours of use do not coincide. Numerous churches in the community operate daycare services under the auspices of their religious mission. It is reasonable that a church or religious oriented pre-school can be considered an extension of a church's youth ministry and an outreach to attract new adult members to the church. Daycare service would contribute to the comfort and convenience of the church parishioners by providing day care for their children. Director's Interpretation Accessory Use to Church 012810 Page 1 IV. INTERPRETATION Institutional daycare (pre-school) on church premises may be considered an accessory use and not a change of use. It may be reviewed as a minor modification of a conditional use if the following criteria are satisfied: 1) The daycare program is subordinate to the principal use of the church; 2) The daycare proper is located on the same lot or premises as the church; 3) The daycare is subordinate in area to the principal building and use of the church; 4) The daycare program was created by the governing body of the church and funded and operated by the church; and 5) The governing body of the church determined the curriculum. Ronald B. Bunch, Community Development Director Director's Interpretation Accessory Use to Church 012810 Page 2