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DIR1992-00004 DATE: 11/19/1992 CODE SECTIONS: 18.42.020.C.23 1 d I TOPIC :I Similar Use - Quest Schools INTERPRETATION: Documentation of the type and operational characteristics of the uses involved with Quest Schools, Inc. Quest Schools has applied for building and occupancy permits at 8955 SW Commercial Street. The location in question is zoned Central Business District (CBD). It is my interpretation that the operation of Quest Schools correctly fits the use definition for Personal Service Facilities (Tigard Development Code Chapter 18.42.020. C.23.). Personal Services is listed as an outright use in the CBD zone. The definition of Personal Service Facilities is as follows: Refers to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature but excludes services classified under spectator sports and entertainment facilities, participant sports, and recreation or transient lodging. Typical uses include photography studios, driving schools, and trade schools, or reducing salons. Quest Schools, Inc. provides post- secondary vocational training programs with a variety of business courses including computer training, accounting, secretarial, medical, data entry, and optical technician skills. The training programs target skills to upgrade employability or enhancement of existing work skills for clients referred by private rehabilitation companies, insurance companies, local businesses and self - referrals, counseling, tutoring, and small -group instruction in basic skills. The above services are consistent with the above definition related to the provision of information, instructional and personal improvement services. Trade, business schools, and colleges are specifically excluded from the City's use definition of schools. Quest Schools also provides space for two independent professional counselors who provide vocational rehabilitation and drug and alcohol counseling, respectively. These uses fit the definition of Professional and Administrative Services which is also an outright use in the CBD zone. 111 111 AFFIDAVIT OF MICHELE BUTTERFIELD I am the Executive Director of Quest Schools, Inc. We currently have seventeen (17) parking spaces which serve our needs very well. Many of the spaces are used by other tenants unrelated to Quest, and even with such use our seventeen (17) spaces are almost never fully occupied. After observing this situation for some time, I believe that the average maximum occupancy in any given day is about thirteen (13) parking spaces. Quest College of Business and the alternative school operate from 8:30 a.m. to 2:45 p.m. Monday through Thursday, and 8:30 a.m. to 12:30 p.m. on Friday. Our receptionist does not own a vehicle, and the maximum number of vehicles driven by instructors and administration is seven (7). Practically all adult and high school clients use the transit system. In addition, the two counselors are generally not there during the above hours, but keep office hours in the evening beginning about 4:00 p.m. Based upon my observations over the last several years, the seventeen (17) parking spaces allocated on the new plan will not only be adequate for current levels but would permit 20% to 25% expansion of our current services, as anticipated at the Commercial Street, without any parking shortages. In addition, I have been advised that two adjoining properties with excess parking are available should additional spaces ever be needed. • • I make this affidavit in support of the request of Quest Schools, Inc. to be considered a permitted use in the CBD zone. r, � Michele Butter STATE OF OREGON, ) .) ss. COUNTY OF (,lJc� /`i DATED this /' day of , 1992. Personally appeared the within named Michele Butterfield, known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that her executed the same freely and voluntarily. Before me: Notary Pub_c for Oregon My commission expires: /97 • • MYATT & EIELL., p C ATTDFiNFYB A'C LAW 12 72G Ei, W. allu aTitg:k:'P 1�r✓..v rt'cpN QFiEQt1k'4 270135 Q f64 -5 ?ii2 eAx 5 U3 /649-idpu FAX COVER LETTER DATE: V� (�11 t2Pr ic J c 1 L N j� FROM: r1 lT Vi . N +Lf r(44-1 c, RE : des -1- Soots PLEASE DELIVER ff THE FOLLOWING PAGE (S) Tot NAME; lict'rcI UeWtVSdor- -t"' COMPANY; ( 6T 1 ( 4X'� FAX NO. $ 1E aT7 WE ARE TRANSMITTING A TOTAL OF _ 3. PAGE (S) IncLgplti4 T!i' pOYER ;MET. ET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE PHONE US AT (503) 641 - 6262 OR RETURN A NOTE ON FAX NO. (4433) 644-- 1883. MESSAGE: CQNFIDENTIAJJITy NOTE THIS COMMUNICATION MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND /OR CONFIDENTIAL. IT IS INTENDED ONLY FOR TUE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR AN AGENT OR EMPLOYEE RESPONSIBLE FOR DELIVERING TUE DOCUMENT TO THE INTENDED RECIPIENT, YOU MAY NOT READ, DISSEMINATE, COPY OR DISTRIBUTE THIS INFORMATION. IF YOU RECEIVE. THIS COMMUNICATION IN ERROR, PLEASE, NOTIFY U8 IMMEDIATELY TO ARRANGE FOR RETURN OF THE ORIGINAL DOCUMENTS. i O d d °'I 'I 3 S Tlid 5 i7 0 Z6 '6T 'TT • - MYATT & BELL, P. C. ATTORKEYB AT LAW 12720 5. W. 2NT7 STREET BEAVERTON, OREGON 970f15 TIMOTHY N. DRITTLE ORLOOR AND 140.6 MUaOTON 5 03/S41 - £26 2 STATL BARS FAX 603/ 844 -1893 November 19, 1992 su aaECT: Quest Schools, Inc. Quest College of Business vi; facsimile Richard Bewersdorff Senior Planner, Community Development Department City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Mr. Bewersdorff: As indicated in my letter dated November 18th and the Affidavit which was attached, the current 17 parking spaces used by Quest have been more than adequate for its uses. It is my understanding that the proposed plan for the Commercial Street property also shows 17 parking spaces. In terms of "full time equivalent" students, it would also appear that the proposed 17 spaces is more than sufficient. Considering current enrollment levels, which are historically typical or "average," 49 alternative school students are present in the building an average of 6 hours per day Monday through Thursday and 4 hours on Friday, for a total of 28 hours per week per student. An additional 6 students average two hours per day, for a total of 1432 hours. However, an analysis of records indicates that only 40% of those students are of driving age (16 or older); the majority are 14 and 15 years old. This also represents a typical breakdown. Therefore, the alternative school generates a total of 573 student hours of driving age, which when compared to standard full time operation of 9 hours a day, five days a week, results in a full time equivalent of 12.7 students. Considering the business and vocational programs, 20 enrolled students attend a total of 50 hours per week using the above analysis results in an additional 1.1 full time equivalent students. Considering the very limited number of hours these students generally attend, this number is quite realistic. 2 O d . a d ""I 'I 3 S ,' y. .TAT Shad g : O 6 '6 T ' T T • • MYATT Sc HELL, F. C. The total then becomes 13.8 or approximately 14 full time equivalent students. This is consistent with the parking usage which has been observed by Mr. and Mrs. Butterfield. Y might add that my own personal observations confirm that parking has never been any problem whatsoever at the current Quest facility. We trust this provides you with the information you require. Thank you very much for your assistance and prompt cooperation in resolving this matter. Very truly yours, Timothy i. Brittle For the Firm TNB:kw cc: Client (via fax) D D 3 '0 'd "I Z 3 S o .-1.V. .14 1' \I S : f D 6 '6 T ' T T • • t./ November 19, 1992 CITY OF TIGARD OREGON Timothy N. Brittle Attorney At Law 12720 S.W. 2nd Street Beaverton, Oregon 97005 Re: Interpretation - Similar Use - Quest Schools Dear Mr. Brittle: This letter is in response to your letter and documentation of the type and operational characteristics of the uses involved with Quest Schools, Inc. Quest Schools has applied for building and occupancy permits at 8955 SW Commercial Street. The location in question is zoned Central Business District (CBD). It is my interpretation that the operation of Quest Schools correctly fits the use definition for Personal Service Facilities (Tigard Development Code Chapter 18.42.020 C.23.). Personal Services is listed as an outright use in the CBD zone. The definition of Personal Service Facilities is as follows: Refers to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature but excludes services classified under spectator sports and entertainment facilities, participant sports, and recreation or transient lodging. Typical uses include photography studios, driving schools, and trade schools, or reducing salons; Quest Schools, Inc. provides post - secondary vocational training programs with a variety of business courses including computer training, accounting, secretarial, medical, data entry and optical technician skills. The training programs target skills to upgrade employability or enhancement of existing work skills for clients referred by private rehabilitation companies, insurance companies, local businesses and self- referrals. These activities account for approximately 60 percent of Quest's operation. In addition, Quest Schools provides alternative educational instruction for at -risk youths who are learning disabled and /or emotionally disturbed. Services for the latter include individualized testing, educational planning, medical referrals, counseling, tutoring and small group instruction in basic skills. The above services are consistent with the above definition related to the provision of information, instructional and personal improvement services. Trade, business schools and colleges are specifically excluded from the City's use definition of schools. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Quest Schools also provides space for two independent professional counselors who provide vocational rehabilitation and drug and . alcohol counseling, respectively. These uses fit the definition of Professional and Administrative Services which is also an outright use in the CBD zone. You have provided an analysis of the number of full time equivalent students. It indicates approximately 14 full time equivalent students based on a full time operation, five days a week. In addition, a number of students are bused to the site from various school districts. The site plan indicates the provision of 17 parking spaces. Therefore, the provision of parking spaces is in compliance with the development code requirement for the provision of one space per full time equivalent student. Since the above defined uses are consistent with and similar to outright permitted uses listed in the CBD zone and parking is consistent with development code requirements, authorization has been given to the Building Division to issue building permits. If there are any questions, please contact me. Sin ely, t c- l Richard H. Bewersdorff Senior Planner f MYATT Sc HELL, P. C. ATTORNEYS AT LAW 12720 S. W. 2ND STREET TIMOTHY N. BRITTLE BEAVERTON, OREGON 97005 OREGON AND WASHINGTON 503/641-6262 STATE BARS FAX 503/644 -1803 November 18, 1992 SUBJECT: Quest Schools, Inc. Quest College of Business Richard Bewersdorff Senior Planner, Community Development Department City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Mr. Bewersdorff: As you are aware, I represent Quest College of Business and Quest Schools, Inc., which will be leasing property recently purchased by my clients, Bill and Michele Butterfield, located at 8955 SW Commercial Street. This area is zoned Central Business District. The CBD zoning permits personal services. Section 18.66.030A2.n. "Personal Service Facilities" are defined in relevant part as follows: "Refers to establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature . . . typical uses include photography studios, driving schools, and trade schools, or reducing salons;" (Emphasis added) Approximately 60% of Quest's current operation, and roughly the same percentage of its anticipated operation on Commercial Street, is post- secondary vocational training programs with a variety of business courses. I am enclosing for your information and review the Quest College of Business catalogue. You will note that they provide courses in computer training, accounting, secretarial, medical and data entry skills. In addition, at the Commercial Street building Quest will offer a vocational program for Optical Office Technician; I am enclosing a descriptive brochure. 111 411 MYATT Sc HELL, P. C. Richard Bewersdorff November 18, 1992 - Page 2 The clientele of Quest College of Business is referred by private rehabilitation companies, insurance companies, and local businesses, as well as self - referrals. Their primary focus is to provide skills to upgrade employability or enhance existing work skills. Some examples of "typical" patrons of Quest College of Business are: - The injured worker who cannot return to heavy labor is retrained on the computer or other skills. - A small business owner buys a computer, but does not know how to use it. - Someone who has been out of the work force for some time who needs to update skills, such as computer literacy. You will note that all text materials used in Quest College of Business programs are college level. Pre - entrance testing is required. The programs generally run from 24 to 30 weeks in duration. In our view, these types of services are critical to the downtown business core in Tigard, and they are exactly the type of services contemplated under the definition of "personal service facilities" - instructional services of a nonprofessional nature and trade schools. These are support services vital to the purpose of the CBD zone which is to provide "to provide for a concentrated, central commercial office, and retail area . . . ". The ground floor area also includes office space leased to two independent professional counselors. One of the counselors focuses on vocational rehabilitation issues, and the other on drug and alcohol counseling. The clients of both professionals are largely generated through their own practice, although they do some referral evaluation for Quest Schools. It would appear that, in addition to qualifying as "personal service facilities," these counselors would be permitted in the CBD zone under § o. "Professional and administrative services." The remaining 40% of the current space and the relocation space will be used by Quest Schools to provide comprehensive educational services to at -risk youths who are learning disabled and /or emotionally disturbed. These services include individualized testing, educational planning, medical MYATT & HELL, P_ C_ Richard Bewersdorff November 18, 1992 Page 3 referrals, counseling, tutoring, and small group instruction in basic skills. Some descriptive material is enclosed for your review. Quest contracts with local school districts (as does Tualatin Valley Medical Health Clinic located one block from the proposed site) to provide these services. The focus is at all times to help integrate these young people back into the public school system. For all of the foregoing reasons, I hope that you will agree that Quest College of Business and Quest Schools is a permitted use in the Central Business District Zone. My clients are excited about their new location, and believe that they will be making a major contribution to the Tigard core area. However, it is necessary for them to begin construction immediately so that they can take occupancy by December 1st, and accordingly we would request that a determination be made quickly on this issue and all necessary permits, including building permits, issued so that they may proceed with their plans. The final remaining issue that we have discussed is that of parking. I am attaching an affidavit from Michele Butterfield, which I am sure that you will find self - explanatory. Quest's current location has 17 parking spaces, and they are practically never fully occupied. In fact, many of the spaces are used by adjoining tenants, so that they are unable to make an exact determination. As you will see from the affidavit, there are relatively few full time users of vehicles. It should also be noted that the two counselors only work in afternoons and evenings, so the use of the parking spaces does not generally overlap. The acquisition of the building was predicated largely upon its proximity to the Transit Center. By far the majority of Quest's clients use the transit system, and 17 parking spaces will not only provide adequate current parking but allow for expansion of services which is anticipated in the new building. It should also be noted that my client has made inquiries regarding availability of other parking. There is an adjacent burned out building which would make parking available should it ever be necessary. In addition, St. Vincent de Paul has a large number of excess parking spaces and is immediately adjacent to this building. Should one or two additional parking • M YAT T Sc H ELL, P. C_ Richard Bewersdorff November 18, 1992 • Page 4 spaces ever be needed in the future, it appears certain that there would be no problem in making suitable arrangements. We look forward to your prompt and favorable response regarding the above. Please feel free to contact us should you require any further information. Very truly yours, Timothy-a. Brittle For the Firm TNB:tal cc: Client