Hearings Officer Packet - 08/12/2002I_ I
CITY OF TIGARD
Community (Devekpment
ShapingA Better Community
C TY OF T GARD
HEAR NGS OFF CER
MONDAY-AUGUST 12,2002 - 7:00 PM
AGENDA
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 MITCH CHARTER SCHOOL
CONDITIONAL USE PERMIT (CUP) 2002-00005
ADJUSTMENT (VAR) 2002-00023
The applicant is seeking approval for a Charter Elementary School, serving 70 children
within the existing Sunday school Building. With the exception of a small outdoor play
area, no additional construction is proposed. An adjustment to the bicycle parking
requirement has been requested to reduce the bicycle spaces from 36 to 4 spaces.
LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 1100.
ZONE: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units
at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally.
Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510,
18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 1.8.810.
3. OTHER BUSINESS
4. ADJOURNMENT
CITY OF TIGARD HEARINGS OFFICER PAGE 2 OF 2
8/12/2002 PUBLIC HEARING AGENDA
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CITY OF TIGARD
HEARINGS OFFICER
AUGUST 12, 2002 - 7:00 PM
TOWN HALL
TIGARD CITY HALL,
13125 SW HALL BOULEVARD
TIGARD, OR 97223
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Anyone wishing to speak on an agenda item
must sign-in on the appropriate sign-in sheets.
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Hearings Officer meetings by noon
on the Friday prior to the meeting. Please call (503) 639-4171, Ext. 320
(voice) or (503) 684-2772 (TDD - Telecommunications Devices for the
Deaf). Upon request, the City will also endeavor to arrange for the
following services:
➢ Qualified sign language interpreters for persons with speech or
hearing impairments; and
➢ Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it
is important to allow as much lead time as possible. To request such
services, please notify the City of Tigard of your need(s) by 5:00 p.m., no
less than one (1) week prior to the meeting date at the same phone
numbers listed above so that we can make the appropriate
arrangements.
OVER FOR HEARING AGENDA ITEM(S)
CITY OF TIGARD HEARINGS OFFICER PAGE 1 OF 2
8/12/2002 PUBLIC HEARING AGENDA
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AGENDA ITEM NO. Z°
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BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by MITCH Charter School for ) F I N A L O R D E R
a conditional use permit and adjustment for a charter ) CUP 2002-00005
elementary school in a church at 11075 SW Gaarde ) VAR 2003-00023
Street in the R-3.5 zone in the City of Tigard, Oregon ) (ETCH Charter School)
A. SUMMARY
1. Debi Lorence filed the application for MITCH Charter school (the "applicant').
She requests approval of a conditional use permit to operate a charter school for up to 76
children ages 5 to 8. The school will be conducted in an existing Sunday school building
on the grounds of Tigard First Baptist Church at 11075 SW Gaarde Street, which occupies
the northwest quadrant of the intersection of Gaarde Street and 110th Avenue (tax lot
01100, WCTM 2S103DC (the "site"). The site contains about 4.62 acres and is zoned R-
3.5. The Staff Report to the Hearings Officer dated August 5, 2002 (the "Staff Report")
contains a history of City review and development on the site, which the hearings officer
incorporates as his own. The applicant does not propose to enlarge the building or to add
parking or to undertake other significant development to accommodate the proposed charter
school.' The applicant requests approval of an adjustment to the minimum bicycle parking
space standard to reduce the number of spaces required from 18 to 4.
2. Tigard Hearings Officer Larry Epstein (the "hearings officer") conducted a
duly noticed public hearing to receive testimony and evidence in the matter. At the public
hearing, City staff recommended conditional approval of the application. The applicant
accepted the recommended conditions without exception. One neighbor testified orally.
Other than service providers, no one testified in writing. The hearings officer closed the
public record at the end of the hearing. There were no disputed issues in this case.
3. The hearings officer concludes that the applicant sustained the burden of proof
for a conditional use permit and partial adjustment to the bicycle parking space standard,
based on the findings and conclusions included and incorporated herein and subject to
conditions at the end of this final order.
B. HEARING AND RECORD
1. The hearings officer received testimony at the public hearing about this
application on August 12, 2002. All exhibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary
by the hearings officer of selected testimony offered at the public hearing in this matter.
2. City planner Morgan Tracy summarized the Staff Report and recommended
approval of the application subject to the conditions provided therein.
3. Ms. Lorence accepted the Staff Report and recommended conditions without
exception. She testified the applicant no longer plans to build a playground. She sought
and received confirmation that the school would have to provide 8 bicycle parking spaces,
t Based on the original application materials, the school would serve 70 children, and the applicant
proposed to build a small playground. But based on oral testimony by Ms. Lorence, the school will serve
up to 76 students, and the applicant withdrew the playground aspect of the proposal.
CUP 2002-000051VAR 2002-00023 Hearings Officer Final Order
(MITCH Charter School) Page 1
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which reflects a 55% adjustment from the 18 required by the standard, instead of the 4
spaces the applicant proposed to provide. She testified that the school would serve up to 76
children ages 5 through 8. She testified the applicant plans to implement a one-way traffic
system with traffic entering from 110th Avenue and exiting to Gaarde (as suggested by Mr.
and Mrs. Hughes) or vice versa, and that the relationship of the building doorway to the
access drives serving the building makes this feasible. She waived the applicant's right to
have the record held open to offer a closing written argument.
4. George Hughes testified that his wife was the source of the suggestion that the
applicant use a one-way traffic system with vehicles entering from 110th Avenue and exiting
to Gaarde Street. They thought that would work best, but did not offer more. In response,
Mr. Tracy testified that City staff considered whether one route or the other would work
better and were unable to conclude one was inherently much better; although, if they had to
express a preference, it would be for traffic to enter from Gaarde and exit to 110th Avenue.
That City staff do not recommend a condition requiring use of a one-way traffic system in
any particular way as a demonstration of their lack of commitment to either route.
5. At the end of the hearing, the hearings officer closed the public record and
announced his intention to approve the application subject to recommended conditions.
C. DISCUSSION
The Staff Report identifies the applicable approval criteria for the application and
applies them to the record in the case. The hearings officer agrees that the standards
identified in the Staff Report are applicable and finds that they are correctly applied to the
facts of the case in the Staff Report. Substantial evidence in the record shows that the
proposed use does or can comply with the applicable approval criteria for a CUP, and
adoption of recommended conditions of approval as amended will ensure final plans are
submitted and implemented as approved consistent with those criteria and standards and will
prevent, reduce or mitigate potential adverse impacts of the development consistent with the
requirements of the CDC. The findings in the Staff Report also describe why the applicant
did not sustain the burden of proof that the adjustment to the bicycle parking standards
requested by the applicant complies with applicable standards, and why a lesser adjustment
is supported by substantial evidence in the record. The hearings officer adopts the findings
and conclusions in the Staff Report as his own. The hearings officer agrees with testimony
by City staff that a one-way traffic flow should not be required in any particular direction
based on substantial evidence in the record.
D. CONCLUSIONS
Based on the findings and discussion provided or incorporated in this final order,
the hearings officer concludes that the applicant sustained the burden of proof that the
proposed conditional use permit and that a smaller adjustment than requested do or will
comply with the applicable criteria of the Community Development Code, provided
development that occurs after this decision complies with applicable local, state, and federal
laws and with conditions of approval warranted to ensure such compliance occurs in fact.
E. DECISION
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP 2002-00005NAR 2002-00023 (MITCH Charter School),
subject to the conditions of approval in the Staff Report.
CUP 2002-000051VAR 2002-00023 Hearings Officer Final Order
(MITCH Charter School) Page 2
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DATED this 19th day of August, 2002.
Larry Eps n, sVAICP
City of Ti La d Use Hearings Officer
CUP 2002-000051VAR 2002-00023 Hearings Officer Final Order
(MITCH Charter School) Page 3
Depending on the number of people wishing to testify, the Tigard Hearing's Officer may
limit the amount of time each person has to speak. We ask you to limit your oral
comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary.
Written comments are always appreciated by the Hearing's Officer to supplement oral
testimony.
AGENDA ITEM NO.: 2.1 DATE: AUGUST 12, 2002
FILE NAME: MITCH CHARTER SCHOOL
CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2002-00005
ADJUSTMENT (VAR) 2002-00023
APPLICANT: MITCH Charter School OWNER: Tigard First Baptist Church
Attn: Debi Lorence 11075 SW Gaarde Street
PO Box 230575 Tigard, OR 97223
Tigard, OR 97281
REQUEST: The applicant is seeking approval for a Charter Elementary School, serving
70 children within the existing Sunday School Building. With the exception
of a small outdoor play area, no additional construction is proposed. An
adjustment to the bicycle parking requirement has been requested to
reduce the bicycle spaces from 36 to 4 spaces.
LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 1100.
ZONE: R-3.5: Low-Density Residential District. The R-3.5 zoning
district is designed to accommodate detached single-family homes with
or without accessory residential units at a minimum lot size of 10,000
square feet. Duplexes are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.330,
18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780,
18.795, and 18.810.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE.
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AGENDA ITEM NO. 2.1 (PAGE 1 of 1 a
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DATE: AUGUST 12.2002
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*City of Tigard • ❑ Tearsheet Notice
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )
I Charlotte Allsor)
being first duly sworn, depose and say that I am the Advertising
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a newspaper of general circulation as defined in ORS 193.010
and 193.020; published of i sa.rd,, in the
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consecutive in the following issues:
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AFFIDAVIT _ - ---d._--- _ ~
0 0
-ITY OF TIGARD
OREGON
The following will be considered by the Tigard Hearings Officer on
Monday August 12, 2002 at 7:00 PM at the Tigard Civic Center -
Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral
and written testimony is invited.
The public hearing on this matter will be conducted in accordance
with the Tigard Municipal Code and the rules of procedure adopted
by the Council and available at City Hall or the rules of procedure set
forth in Chapter 18.390. Testimony may be submitted in writing prior
to or at the public hearing or verbally at the public hearing only.
Failure to raise an issue in person or by letter at some point prior to
the close of the hearing accompanied by statements or evidence suf-
ficient to afford the decision-maker an opportunity to respond to the
issue precludes appeal to the Land Use Board of Appeal based on that
issue. Failure to specify. the criterion from the Community
Development Code or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion.
A copy of the application and all documents and evidence submitted
by or on behalf of the applicant and the applicable criteria are avail-
able for inspection at no cost. A copy of the staff report will be made
available for inspection at no cost at least seven (7) days prior to the
hearing, and copies for all items can also be provided at a reasonable
cost.
Further information may be obtained from the Planning Division
(staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard,
Oregon 97223, or by calling 503-639-4171.
PUBLIC HEARING ITEM:
CONDITIONAL USE PERMIT
(CUP)2002-00005/ADJUSTMENT (VAR) 2002-00023
> MITCH CHARTER SCHOOL <
REQUEST: The applicant is seeking approval for a Charter
$lementary School, serving 70 children within the existing
Sunday School Building. With the exception of a small outdoor
play area, no additional construction is proposed. An adjust-
ment to the bicycle parking requirement has been requested to
reduce the bicycle spaces from 36 to 4 spaces. LOCATION:
11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 1100.
ZONE: R-3.5: Low-Density Residential District. The R-3.5
zoning district is designed to accommodate detached single-
family homes with or without accessory residential units at a
minimum lot size of 10,000 square feet. Duplexes are permit-
ted conditionally. Some civic and institutional uses are also per-
mitted conditionally. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.330, 18.370,
18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780,
18.795, and 18.810.
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"EXHIBIT C" WRITTEN TESTIMONY
(Applicant's materials and pertinent correspondence
filed with Hearings Officer prior to Public Hearing.)
0 •
Agenda Item: 2.1
Hearing Date: 8.12.2002 Time: 7:00 PM
STAFF REPORT TO THE
HEARING'S OFFICER
rak.ddmum
CITY OF TIOARD
FOR THE CITY OF TIGARD, OREGON Shaping.A (Better Community
120 DAYt = 11/612002
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCH CHARTER SCHOOL
CASE NOS: Conditional Use Permit (CUP) CUP2002-00005
APPLICANT: MITCH Charter School OWNER: Tigard First Baptist Church
Attn: Debi Lorence 11075 SW Gaarde Street
PO Box 230575 Tigard, OR 97223
Tigard, OR 97281
PROPOSAL: The applicant is seeking approval for a. Charter Elementary School,
serving 70 children within the existing Sunday School Building. With the
exception of a small outdoor play area, no additional construction is
proposed. An adjustment to the bicycle parking requirement has been
requested to reduce the bicycle spaces from 18 to 4 spaces.
LOCATION: 11075 SW Gaarde Street; WCTM 2S103DC, Tax Lot 01100.
COMP. PLAN AND
ZONING
DESIGNATION: R-3.5; Low-Density Residential District. The R-3.5 zoning district is
designed to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size of 10,000 square feet.
Duplexes are permitted conditionally. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390,
18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795 and
18.810.
SECTION II. STAFF RECOMMENDATION
,Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit
will not adversely affect the health, safety and welfare of the City and meets the Approval
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
following recommended Conditions of Approval:
MITCH CHARTER SCHOOL PAGE 1 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Submit to the Planning Division (Morgan Tracy, 639-4171, ext. 2428) for review and
approval:
Provide evidence that the proposed use complies with the Uniform. Building Code
Standards.
2. The applicant shall certify that when the playground is constructed, it shall be
screened from adjacent residential properties with either a sight obscuring fence, wall,
or landscaped hedge. Such screening shall be a minimum of 4 feet in height, unless
climbable play equipment is used (like a jungle gym), in which case the screening shall
be a minimum of 6 feet tall.
3. The applicant shall provide 8 bicycle stalls that are not within parking aisles,
landscaping or pedestrian ways. A revised plan will be required showing the location
and specific design of the required bike rack.
4. The applicant shall certify that the proposed use will not generate noise in excess of the
standards specified in the Tigard Municipal Code, Chapter 7.40.160.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM
THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT.
SECTION III. BACKGROUND INFORMATION
Site Historv:
Staff conducted a search of City records for the subject parcel. The site was originally
developed in 1985 under Conditional Use Permit 85-03. In 1987 Lot Line Adjustment 87-03
was approved for the site. This adjustment reconfigured the lot lines of two (2) of the
properties owned by the church. A Minor Modification (MMD94-00002) was approved to
allow the placement of a 96 square foot modular building next to the existing church. A
conditional use permit (CUP 96-00008) was approved in 1996 to allow the construction of an
8,000 square foot Sunday school building addition to the existing church. This Sunday
school building is where the charter school operation is proposed.
Vicinitv Information:
The site is located at the northwest corner of SW Gaarde and 110th Avenue. The property is
zoned R-3.5 with R-4.5 and R-7 properties located across 110th to the east.
Site Information and Proposal Description:
The applicant has requested Conditional Use approval to operate a charter school for up to
70 children. The use will occur within the existing Sunday school building and no new
construction is proposed. A small outside play area may be added if funding can be
obtained.
Concerns Raised by Neiahbors:
Staff received no comments from nearby neighbors.
SECTION IV. REPORT MAKING PROCEDURES. PERMITS AND USE
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existing church Sunday school building for use as a
MITCH CHARTER SCHOOL PAGE 2 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
charter school. This use is classified as a School, which is listed as a Conditional Use in the
R-3.5 zone.
Summarv of Land Use Permits and Report Makina Procedures:
Chapters 18.310 and 18.390
The proposed use (Schools) requires a Conditional Use permit which is a Type III-HO
decision. Type III-HO procedures apply to quasi-judicial permits and actions that
predominantly contain discretionary approval criteria. Type III-HO actions are decided by the
Hearings Officer with appeals being heard by the City Council.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The proposal's consistency with these Code Chapters is reviewed in the following sections:
A. Specific Conditional Use Approval Criteria
18.330
B. Zoning Districts
18.510 (Residential Zoning Districts)
C. Applicable Development Code Standards
18.370 (Variances and Adjustments)
18.705 (Access Egress and Circulation)
18.725 (Environmental Performance Standards)
18.745 (Landscaping and Screening)
18.755 (Mixed Solid Waste and Recyclable Storage)
18.765 (Off-Street parking and loading requirements)
18.795 (Visual Clearance)
D. Street and Utility Improvement Standards
18.810
E. Impact Study
18.390
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA
Section 18.330.010.A states that the purpose of this chapter is to provide standards
and procedures under which a conditional use may be permitted, enlarged or altered if
the site is appropriate and if other appropriate conditions of approval can be met.
There are certain uses which due to the nature of the impacts on surrounding land
uses and public facilities require a case-by-case review and analysis.
Section 18.330.020.A states that a request for approval for a new conditional use shall
be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050
requirements in Chapter 18.330.
General Approval Criteria for a Conditional Use: Section 18.330.030:
The site size and dimensions provide adequate area for the needs of the proposed
use;
The size of the site is 201,051 square feet and is consistent with the standards for the R-3.5
zoning district. The site is developed with a religious institution (Tigard First Baptist Church).
The applicant's request is to run a charter school from the Church's existing Sunday school
building. The site provides adequate area for the proposed use.
The impacts of the proposed use of the site can be accommodated considering size,
MITCH CHARTER SCHOOL PAGE 3 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
shape, location, topography and natural features;
The 4.6 acre site is developed with a church, a Sunday school, a meeting room and a parking
lot. The majority of the site is flat, but the rear of the property drops steeply down towards a
stream. The area near the stream is informally landscaped. This stream separates the
church use from the residential uses to the west and north. Streets separate the use from
residential properties to the east and south. The site is situated along SW Gaarde, an arterial
street, and 110 Avenue, which is a neighborhood route. The site is already developed with
a similar (Sunday School) use, and no alterations are proposed to accommodate the charter
school. Therefore, the site is suitable for the proposed use.
All required public facilities have adequate capacity to serve the proposal; and
All public facilities including streets, storm and sanitary sewers and water were reviewed
when the building was placed on the site in 1996 and found to be adequate.
Streets:
This site lies adjacent to SW Gaarde Street and SW 110th Avenue. Gaarde Street is
classified as a major collector street and 110th Avenue is classified as a minor collector
street. At present, there is 30 feet of right-of-way on Gaarde Street adjacent to this site which
is adequate for a major collector street. No additional dedications are required on SW
Gaarde Street. Southwest 110th Avenue has a varied width for ROW. The street is
improved adjacent to the majority of the frontage of this site and there is 22 feet of ROW west
of the street centerline. When the church was first developed, the City determined that the 22
feet would be adequate. No additional dedications of SW 110th Avenue are required.
SW Gaarde Street is fully improved along the frontage of this site, from SW 110th Avenue to
the western edge of the site driveway. The street is unimproved beyond the driveway. Since
the applicant is not proposing to develop the western portion of this site, no additional
improvements are necessary.
Southwest 110th Avenue is fully improved adjacent to this site from SW Gaarde Street to a
point approximately 20 feet north of the site driveway. The street is unimproved, but paved
beyond the driveway. The impact from the new building does not necessitate the need for
further improvements on SW 110th Avenue. There are also existing street lights on the east
side of the street. Therefore, no additional street lighting is necessary.
Water:
This site lies within the service area of the Tigard Water Department. There is an existing
public water line in SW 110th Avenue that serves a fire sprinkler water supply.
Sanitary Sewer:
There is an existing public sanitary sewer line within a public easement adjacent to the west
boundary of this site. The existing building is presently served from this main line.
Storm Drainaae:
The topography of this site slopes to the west toward an existing drainage way. Storm
drainage is conveyed to the drainageway via a piped collection system. There is presently no
detention facility, however, this is a preexisting condition. Since no additional impervious
area is being proposed, there is no requirement to retrofit the site for a detention facility.
The applicable requirements of the zoning district are met except as modified by this
chapter.
MITCH CHARTER SCHOOL PAGE 4 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
The following table provides the dimensional standards in the R-4.5 zone, the additional
dimensional requirements and approval standards for Group Home Daycare are specified in
the Conditional Use Standards Section 18.330.050.13.19.
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Conditional Existing
Use
Minimum Lot Size
- Detached unit
- Duplexes
- Attached unit [1]
Average Minimum Lot Width
- Detached unit lots
- Duplex lots
- Attached unit lots
Maximum Lot Coverage
10,000 sq. ft.
65 ft.
90 ft.
201,051 s.f.
Minimum Setbacks
- Front yard
- Side facing street on corner & through lots
- Side yard
- Rear yard
- Side or rear yard abutting more restrictive
zoning district
- Distance between property line and front of
garage
Maximum Height
Minimum Landscape Requirement
330 ft.
20 ft.
30 ft.
40 ft.
15 ft.
20 ft.
20 ft.
5 ft.
20 ft.
250 ft.
15 ft.
30 ft.
190 ft.
20 ft.
30 ft
30 ft.
[1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
The proposed use will occupy a pre-existing Sunday school. The school building was
reviewed for compliance with dimensional requirements when it was moved to the site in
1996. As demonstrated above, the applicable requirements of the zone have been met.
The supplementary requirements set forth in other chapter of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if
applicable, are met.
The applicable review criteria in this case include the following chapters of the Community
Development Code: 18.330, Conditional Use; 18.390 Report Making Procedures; 18.510,
Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping
and Screening; 18.765, Off-Street Parking; 18.795, Visual Clearance Areas. The
development standards and requirements of these chapters are addressed below.
The proposal contains no elements related to the provisions of the following chapters:
18.600, Community Plan Area Standards; 18.710, Accessory Residential Units; 18.715,
Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental
Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic
Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations;
18.760;, Nonconforming Situations; 18.780, Temporary Uses; 18.790, Tree Removal and
18.798, Wireless Communications Facilities. These chapters are, therefore, found to be
inapplicable as approval standards.
MITCH CHARTER SCHOOL PAGE 5 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
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The use will comply with the applicable policies of the Comprehensive Plan.
The Comprehensive Plan is implemented by the Community Development Code.
Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the
applicable development standards of the Development Code as addressed within this report.
FINDING: Based on the analysis above, the General Approval Criteria for a Conditional
Use are satisfied.
Additional Conditions of Aparoval for Conditional Use.
Section 18.330.030.6 states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found necessary to ensure the use is
compatible with other uses in the vicinity, and that the impact of the proposed use on
the surrounding uses and public facilities is minimized. These conditions may
include, but are not limited to the following:
Limiting the hours, days, place and/or manner of operation;
The applicant has proposed that the school be open Monday through Friday 7AM-5PM and
operating between 8AM and 4PM. This is consistent with most schools. A condition limiting
the time or manner of operation is not necessary.
Requiring design features which minimize environmental impacts such as noise,
vibration, air pollution, glare, odor and/or dust;
Based on the proposed use, noise could be a factor when children are present outside. The
applicant has proposed a play area on the north part of the site, behind Bolt Hall. The large
amount of separation (150 feet and greater) between the play area and the adjacent homes
combined with the traffic noise of the nearby streets diminish the impact to area residents.
The stream channel has a large amount of screening vegetation to protect homes to the west
from visual impacts. No impacts from vibration, air pollution, glare, odor, or dust are
foreseen. Noise violations can be enforced under Tigard Municipal Code section 7.40.130.
Requiring additional setback areas, lot area, and/or lot depth or width;
The plans provided show a 20-foot side yard setback on the east property line and a 250-foot
setback on the west side of the site. There is approximately 190 feet between the meeting
hall and north property line. As no lots are being created and the site is found to be
appropriately sized for the use, lot area, depth and width requirements are irrelevant.
Consideration for setbacks is likewise irrelevant as it pertains to the existing structure,
especially since the building is presently used for a school use. Additional setbacks may be
considered for the proposed new play area, however, the large existing separation from
homes warrants no additional setback. Additional screening around the play area will be
discussed later in this report, under Screening and Landscaping (18.745).
Limiting the building height, size or lot coverage, and/or location on the site;
The site is developed with an existing church, Sunday school, and meeting hall. No
additional building construction is proposed. Therefore, no additional condition is needed.
Designating the size, number, location and/or design of vehicle access points;
The access points are existing and meet code standards. However, during the applicant's
neighborhood meeting, three people mentioned that they would prefer to see the school
accessed from SW 110 Avenue, and exiting vehicles leave the site on SW Gaarde. Staff
MITCH CHARTER SCHOOL PAGE 6 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
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notes that both driveway aprons meet the minimum width requirements, and therefore, two
way traffic is permissible at each driveway. If the applicant wishes to facilitate traffic
movement through the site with a one way traffic pattern, and this will not interfere with the
other uses on site, then staff has no objections.
Requiring street right-of-way to be dedicated and street(s) to be improved;
Street and utilities are pre-existing and according to the Engineering Department, no
additional improvements are necessary.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
The site was landscaped as part of the previous Conditional Use approval. No additional
landscaping is required with this project. The applicant has indicated that they may provide a
small playground area on the northern side of the site. This play area should be screened from
adjacent residential homes. This screening could take the form of a sight obscuring fence,
wall, or solid screening hedge and should be no less than 4 feet in height, and should be taller
if climbable play structures are used in the playground.
Limiting the number, size, location, height and/or lighting of signs;
The subject site is allowed:
One wall sign, not exceeding 5% of the gross area of the wall face per conditional use.
One freestanding sign, not exceeding 6 feet in height or 32 square feet per conditional use.
Directional signs, not exceeding 4 square feet per sign per driveway.
The applicant has indicated that only one small directional sign will be used at the 110th
Avenue entrance. No additional limitation on the number, size, location, height, or
illumination of signs is needed.
Limiting or setting standards for the location and/or intensity of outdoor lighting;
The applicant has indicated that the school will be open no later than 5:00 P.M. No outdoor
lighting has been proposed with this proposal. Therefore, no additional condition is needed.
Requiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
Buffering and screening is discussed further in this report. However, additional screening,
above and beyond what is already required, is not necessary.
Requiring and designating the size, height, location and/or materials for fences;
Screening will be discussed later in this report, however, this screening may not be strictly
limited to fencing. No additional requirement is needed.
Requiring the protection and preservation of existing trees, soils, vegetation,
watercourses, habitat areas and/or drainage areas;
No landscaping will be removed as a result of this report. Therefore, no protection and/or
preservation are needed.
Requiring the dedication of sufficient open land area for a greenway adjoining and
within the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
MITCH CHARTER SCHOOL PAGE 7 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
No 100-year floodplain is associated with this application. However, a 20 foot bicycle path
easement already exists for future construction of a pathway.
Requiring the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
No 100-year floodplain is associated with this application. Nevertheless, a 20 foot bicycle
path easement already exists for future construction of a pathway.
FINDING: The proposed conditional use does not necessitate additional limitations or
requirements be imposed with the exception of screening for the proposed
playground.
CONDITION:The applicant shall certify that when the playground is constructed, it shall be
screened from adjacent residential properties with either a sight obscuring
fence, wall, or landscaped hedge. Such screening shall be a minimum of 4 feet
in height, unless climbable play equipment is used (like a jungle gym), in which
case the screening shall be a minimum of 6 feet tall.
B. ZONING DISTRICTS
Residential Zoning Districts Chanter 18.510
Lists the description of the residential Zoning District.
The site is located in the R-3.5: Low-Density residential zoning district.
The R-3.5 zoning district dimensional requirements have previously been addressed in the
conditional use discussion, above.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Adiustments Chanter 18.370:
The applicant has requested an adjustment to the bicycle parking requirements found in
TDC Chapter 18.765.050(E). To reduce the required bicycle parking, this standard
requires that:
The Director may approve a reduction of required bicycle parking per Section
18.765.050.E by means of Type II procedure, as governed by Section 18.390.040, if the
applicant can demonstrate that the proposed use by its nature would be reasonably
anticipated to generate a lesser need for bicycle parking.
The required number of bicycle parking is 6 spaces per classroom for elementary schools.
The basis of the required bicycle parking provision is centered on the concept that
elementary schools serve students from kindergarten through sixth grade (i.e. ages 5-12). It
is not necessarily on the basis that each classroom will generate a demand for 6 spaces, but
that in sum the total student body will utilize an average of 6 spaces per classroom. It is not
forseeable that kindergartners, or even first, second, or third graders will be the predominant
users of the bike racks. Since the charter school is tailored to 5-8 year olds, it is reasonable
to anticipate a lesser share of bicycle riders.
Also, the nature of the school is that it accepts students from throughout the area, not within a
geographically specific district. Therefore, it is more likely that students will live further away
that what may be a reasonable biking distance for a child. Additionally, the school is located
on a neighborhood route and collector street, with high volumes of traffic, with no alternate
MITCH CHARTER SCHOOL PAGE 8 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
9• r
local route to reach the school site. A bike path easement exists that will eventually connect
the site to a network of trails, but this bike path has not been budgeted nor constructed.
This combination of factors leads to the conclusion that it is reasonable to reduce the
required bicycle parking from 18 spaces. However, the applicant has requested a reduction
to 4 spaces. Staff believes that with 4 teachers, 2 administrators, and 70 students, a
minimum of 8 bicycle spaces should be provided. This would allow for the adults and two
children to park their bikes in a secure location.
FINDING: It is reasonable to reduce the required bicycle parking, however, adequate
provisions for bicycle parking is still required.
CONDITION:The applicant shall provide an 8 stall bicycle parking structure that is not within
parking aisles, landscaping or pedestrian ways. A revised plan will be required
showing the location and specific design of the required bike rack.
Access. Earess and Circulation Chaster 18.705:
Minimum Access Requirements for Commercial and Industrial Use:
Section 18.705.030.1 provides the minimum access requirements for commercial and
industrial uses: Table 18.705.3 indicates that the required access width for
developments with more than 0-99 parking spaces is a 30-foot-wide access points with
24 feet of pavement. Vehicular access shall be provided to commercial or industrial
uses, and shall be located to within 50 feet of the primary ground floor entrances;
additional requirements for truck traffic may be placed as conditions of site
development review.
The proposed use is considered an institutional use within a residential zone and requires a
minimum of one 30-foot wide access, with 24 feet of pavement width. The two accesses
already meet this standard.
Environmental Performance Standards (18.725):
Requires that federal and state environmental laws, rules and regulations be applied to
development within the City of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, vibration and odors.
The proposed charter school is not expected to generate visible emissions, vibrations, or
odors that would be detectable beyond the property line. Noise may be a potential issue as a
result of outdoor recreation and during the morning and afternoon drop-off and pick-up times.
Between the hours of 7 AM and 9 PM the use shall not generate sound levels in excess of 50
dBA when measured at the property line of the adjacent single family homes. This standard
is applicable at all times.
FINDING: This standard is not met, as the applicant does not address it, however, the
standard can be met if the applicant satisfies the following condition:
CONDITION: The applicant shall certify that the proposed use will not generate noise in excess
of the standards specified in the Tigard Municipal Code, Chapter 7.40.160.
Landscaaina and Screenina - Chaster 18.745:
Street trees: Section 18.745.040 states that all development projects fronting on a
public street shall be required to plant street trees in accordance with Section
18.745.040.C Section 18.745.040.C required that street trees be spaced between 20
and 40 feet apart depending on the size classification of the tree at maturity (small,
medium or large).
MITCH CHARTER SCHOOL PAGE 9 OF 14
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While there are some street trees along the SW Gaarde and SW 110th frontages, they are not
spaced per current code standards. Street improvements along SW Gaarde are presently
being designed by the city. These improvements will include street trees, so no additional
trees will be required along that frontage. The lack of street trees on the northern portion of
the 110th Avenue frontage is a non-conforming situation that is unaffected by this proposal.
Since no site work is proposed, this non-conformity may continue.
Buffering and Screening:
Buffering and screening is required to reduce the impacts on adjacent uses which are
of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation
and effective maintenance of buffering and screening. When different uses would be
abutting one another except for separation by a right-of-way, buffering, but not
screening, shall be required as specified in the matrix;
The matrices do not specify any required buffer between the proposed use and the nearby
single family homes. The parking area is required to be screened to a level "C" buffer
standard. Screening but not buffering is required when uses are separated by a right of way.
The charter school does not impact the existing parking area, and does not propose any
modifications to this area. As a non-conforming situation, the lack of screening may continue
so long as no modifications are made, or the degree of the non-conformity is not increased.
Screening - Special Provisions:
Section 18.745.050.E requires the screening of parking and loading areas.
Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. Planting materials to be installed should
achieve a relative balance between low lying and vertical shrubbery and trees. Trees
shall be planted in landscaped islands in all parking areas, and shall be equally
distributed on the basis of one (1) tree for each seven (7) parking spaces in order to
provide a canopy effect. The minimum dimension on the landscape islands shall be
three (3) feet wide and the landscaping shall be protected from vehicular damage by
some form of wheel guard or curb.
The proposed charter school plans to utilize the existing church parking and does not
propose any modifications. The parking stalls conform to the dimensional requirements,
however, there is a lack of parking lot trees. However, since the parking area is preexisting
and not proposed to be modified, no additional improvements will be required.
FINDING: Based on the analysis above, staff finds that the landscaping and screening
standards are satisfied.
Off-Street Parkina and Loadina (18.765):
Disabled-Accessible Parking:
All parking areas shall be provided with the required number of parking spaces for
disabled persons as specified by the State of Oregon Uniform Building Code and
federal standards. Such parking spaces shall be sized, signed and marked as required
by these regulations.
The proposed charter school will operate within the existing church facility and proposes to
utilize the existing church parking. The existing church parking has 107 parking spaces, 4 of
which are handicap accessible and are marked as such. This standard is met.
Access Drives:
With regard to access to public streets from off-street parking: access drives from the
street to off-street parking or loading areas shall be designed and constructed to
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•
facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular
traffic on the site; the number and size of access drives shall be in accordance with
the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives
shall be clearly and permanently marked and defined through use of rails, fences,
walls or other barriers or markers on frontage not occupied by service drives; access
drives shall have a minimum vision clearance in accordance with Chapter 18.795,
Visual Clearance; access drives shall be improved with an asphalt or concrete surface;
and excluding single-family and duplex residences, except as provided by Subsection
18.810.030.P, groups of two or more parking spaces shall be served by a service drive
so that no backing movements or other maneuvering within a street or other public
right-of-way will be required.
The proposed use will not change the existing access drives, which meet the above criteria.
This standard is met.
Parking Lot Striping:
Except for single-family and duplex residences, any area intended to be used to meet
the off-street parking requirements as contained in this Chapter shall have all parking
spaces clearly marked; and all interior drives and access aisles shall be clearly
marked and signed to show direction of flow and maintain vehicular and pedestrian
safety.
The parking lot is presently striped, and aisles marked as required.
Wheel Stops:
Parking spaces along the boundaries of a parking lot or adjacent to interior
landscaped areas or sidewalks shall be provided with a wheel stop at least four inches
high located three feet back from the front of the parking stall. The front three feet of
the parking stall may be concrete, asphalt or low lying landscape material that does
not exceed the height of the wheel stop. This area cannot be calculated to meet
landscaping or sidewalk requirements.
Wheel stops have been provided where appropriate. Since no additional parking spaces are
being created, no additional improvements are necessary. Therefore, this standard is met.
Space and Aisle Dimensions:
Section 18.765.040.N states that: "except as modified for angled parking in Figures
18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5
feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles
accommodating two direction traffic, or allowing access from both ends, shall be 24
feet in width.
The parking lot is presently striped, and the spaces meet the dimensional requirements. This
standard is met.
Bicycle Parking Location and Access:
Section 18.765.050 states bicycle parking areas shall be provided at locations within
50 feet of primary entrances to structures; bicycle parking areas shall not be located
within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking
shall be visible from on-site buildings and/or the street. When the bicycle parking area
is not visible from the street, directional signs shall be used to located the parking
area; and bicycle parking may be located inside a building on a floor which has an
outdoor entrance open for use and floor location which does not require the bicyclist
to use stairs to gain access to the space. Exceptions may be made to the latter
requirement for parking on upper stories within a multi-story residential building.
MITCH CHARTER SCHOOL PAGE 11 OF 14
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The applicant's site plan does not indicate the specific location for the proposed bike rack. In
addition, staff has recommended that 8 bicycle spaces, versus the requested 4, be provided
for the charter school. This may impact the ability for the applicant to place the bicycle
parking where she may have originally intended. The applicant will therefore need to provide
a revised plan indicating the specific location for the bike rack, ensuring that it is not placed
within parking aisles, landscape areas or pedestrian ways, and is visible from the street.
Bicycle Parking Design Requirements:
Section 18.765.050.C. The following design requirements apply to the installation of
bicycle racks: The racks required for required bicycle parking spaces shall ensure
that bicycles may be securely locked to them without undue inconvenience. Provision
of bicycle lockers for long-term (employee) parking is encouraged but not required;
bicycle racks must be securely anchored to the ground, wall or other structure;
bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered,
with a vertical clearance of seven feet. An access aisle of at least five feet wide shall
be provided and maintained beside or between each row of bicycle parking; each
required bicycle parking space must be accessible without moving another bicycle;
required bicycle parking spaces may not be rented or leased except where required
motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking
are exempt from this requirement; and areas set aside for required bicycle parking
must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities
shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or
similar material. This surface must be designed to remain well drained.
The applicant has not provided detail of the required bicycle parking rack, therefore, staff can
not determine if this standard has been met. If the applicant submits a detail of the bicycle
rack, staff will be able to review it to insure that the design complies with the standards of the
Code.
Minimum Bicycle Parking Requirements:
The total number of required bicycle parking spaces for each use is specified in Table
18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle
parking spaces.
The applicant has been conditioned earlier in this report to provide for 8 bicycle parking stalls.
Minimum Off-Street Parking:
Section 18.765.070.H states that the minimum and maximum parking shall be as
required in Table 18.765.2.
Table 18.765.2 states that the minimum off-street parking for a (charter) elementary school is
2.0 spaces per classroom. On this basis, 6 parking spaces are required. The applicant has
proposed jointly utilizing the church parking. Since the peak demand of these two uses will
not overlap, the school may use the existing parking. Since the site provides 104 spaces,
this standard is met.
FINDING: The plans do not provide adequate information as to the location of the bicycle
parking to determine if this standard has been met. The applicant has also not
provided a detail of the bike rack. A previously imposed condition will address
this requirement, assuring the parking standards will be met.
Visual Clearance Areas - Chanter 18.795:
Section 18.795.020.A. states that the provisions of this chapter shall apply to all
development including the construction of new structures, the remodeling of existing
structures and to a change of use which increases the on-site parking or loading
MITCH CHARTER SCHOOL PAGE 12 OF 14
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• •
requirements or which changes the access requirements.
Section 18.795.030.6. states that a clear vision area shall contain no vehicle, hedge,
planting, fence, wall structure or temporary or permanent obstruction (except for an
occasional utility pole or tree), exceeding three feet in height, measured from the top
of the curb, or where no curb exists, from the street center line grade, except that trees
exceeding this height may be located in this area, provided all branches below eight
feet are removed.
There are no proposed structures inside of the vision clearance area. Existing visual
clearance is unimpeded. Therefore, this criterion has been met.
FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual
Clearance Areas have been met.
C. Street And Utilitv Improvements Standards - Chanter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage.
Engineering Staff has evaluated the project and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimum and the structure being
used is already served with public utilities. Therefore, no street and/or utility conditions are
necessary.
D. Impact Studv:
Section 18.390.040.B.2.e states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the study shall propose improvements necessary to
meet City standards, and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with a requirement for
public right-of-way dedication, or provide evidence that supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
No street improvements or dedication of right-of-way are proposed or required with this
application. Public utilities are pre-existing and according to the narrative, there is a
maximum of 80 vehicle trips per day (40 round trips). The applicant also indicates that this
projected traffic volume is a maximum number, but that many children will come to the school
in shared vehicles with the teachers and administrators, thus lowering the total trip
generation.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and has no
objections to it.
The City of Tigard Permit Coordinator has reviewed the proposal and has determined that
no Traffic Impact Fee is required, as the proposed use generates fewer trips than the existing
use.
The City of Tigard Police Department has reviewed the proposal and has no objections to
it.
MITCH CHARTER SCHOOL PAGE 13 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
! •
SECTION VIII. AGENCY COMMENTS
The Beaverton School District has reviewed the proposal and has no objections.
PREPARED BY: Morgan Tracy
Associate Planner
is\curpln\morgan\workspace\cup\cup2002-00005 mitch school\cup2001-00005 decision.doc
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DATE
MITCH CHARTER SCHOOL PAGE 14 OF 14
CUP2002-00005 7/30/02 STAFF REPORT TO THE HEARINGS OFFICER
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CITY OF TIGARD
GENERAL INFORMATION
CONDITIONAL USE
TYPE III APPLICATION
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
Property Address/Location(s): I I n-7 5 5oJ 6 Q-a'rd-e-
Tax Map & Tax Lot #(s): d-510-30(-- ChOlOl obl/r'
Site Size: 4 . ~ D' R.3.5
Applicant*: M , TT< C-, O ,
Address: P O 6O<-3D`J~5 9'7Z-?1-CE--75
City/State:T~~( C LJ~ Zip: Primary Contact: ,rc.ri c e,
Phone: 5-D3 y FFaax: (5~3) ~ 36- 6196
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Address: Phone:
City/State: Zip:
* When the owner and the applicant are different people, the applicant
must be the purchaser of record .or a lessee in possession with written
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request Conditional
Use approval to allow (please be specific)Q--kCJL V V ,V-
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PRE-APP. HELD WITH: f R
DATE OF PRE-APP.: (7
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REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
Application Form
ner's Signature/Written Authorization
Title Transfer Instrument or Deed
Copy of Pre-Application Conf. Notes
Site/Plot Plan
of copies based on pre-app check list)
ite/Plot Plan (reduced 81/:"x 11
plicant's Statement 5'~t
r of copies based on pre-app check list)
\Ih_
CWS Sewer Use Information Card
aNWS istributed/completed at application submittal)
Service Provider Letter
V2 Sets of Pre-Addressed/Pre-Stamped
10 Envelopes & Copy of 500' Property
wrier List Generated by the City
V eighbofiood Mtg. Affidavits & ntPs
ling Fee (City) C ' ''15.00
(Urban) $2,126.00
1 -0
1
• •
List any VARIANCE, SENSITIVE LANDS PERMIT, OR OTHER LAND USE ACTIONS to be considered as part of this
application:
APPLICANTS:
To consider an application complete, you will need to submit ALL 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 Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above reauest does not violate anv deed restrictions that may be attached to or imposed uoon the.
subject property.
♦ 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.
♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, 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 understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of , 20
D_ Q N/U S
Owner's SignatureJ a19V (4,4 y J Owner's Signature
Owner's Signature Owner's Signature
2
•
IMP,&
CITY OF TIGARD
GENERAL INFORMATION
Property Address/Location(s): 110 Sini ~lC~"~_ S~~F
Tax Map & Tax Lot #(s): 5 1 O 1 t DI ! ho
Site Size: ID, DDJ Sc, C{
Applicant*: _ Whr /DY nle fare C Ae'crf-e r Sc "4
Address: YO /emu X3L^ 75' City/State: -64i& rd , OP- Zip: 1-7 7:;-8 k. -0!!
Primary Contacf: Oe.h,' l~~c z tc- .
Phone: 5D3 5O..q'5yl/ Fax: 5D5 ~39-6-til f Lr
Property Owner/Deed Holder(s)*: (Attach list if more than one)
f)(K;I\ De acSCV-,
Address: 0 i'lQ'"1~ 5~,l (i u.cs..Y r-je. 5~ Phone:
City/State: --rim; c c- i t'VP443q Zip: -C
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* When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an
Administrative Adjustment to the . following provision(s) of the
Community Development Code (please circle one only):
DScecial Adiustments:
♦ Access and Egress Standards Adjustment ;
♦ Parking Adjustments - Reduction in Minimum Parking
♦ Parkin. tments - Increase in Maximum Parking
Parking Adjustments Reduction in Required Bicycle Parking
Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/New Dev.
♦ Parking Adjustments - Use of Attemative Parking Garage Layout
♦ Sign Code Adjustment
♦ Street Improvement Requirements Adjust tment
♦ Wireless Communication Facility Adjustments - Distance From Off-Site Residential
Please state the reason for the Adjustment request:
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ADJUSTMENT
TYPE II APPLICATION
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
PRE-APP. HELD WITH:
DATE OF PRE-APP.: WI)
FOR STAFF USE ONLY
Case NoA11--O M3-
Other Case No.(s):Clxpaca; -0
Receipt No.:
Application Acce ed Byi
Date: /0 C--~"
Date Determined To Be Complete:
Comp Plan/Zone D signatio
CIT Area:
Recording Date and Number:
Rev. 1111/01 is\curpln4nastersVevisedladjustment-2.doc
REQUIRED SUBMITTAL ELEMENTS
✓ Application Elements Submitted:
❑ Application Form
Li Owner's J ptglaw~c~rture/Ur~~hitlon authorization
IJ aav
❑ Title Transfer Instrument or Deed
❑ Site/Plot Plan (6 copies)
❑ Site/Plot Plan (reduced 8'/7"x 11
❑ Applicant's Statement
(Addressing Criteria Under Sect' in 18.370.020)
c7D
Filing Fee $ /~9
1
APPLICANTS:
To consider an application complete, you will need to submit ALL 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 Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the
subject propertV.
♦ 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.
♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, 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 understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this -74& day of
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Owner's Sig Aure_ Owners Signature
Owner's Signature Owner's Signature
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. • p.5
City of Tigard Narrative
First Baptist Church of Tigard 11075 SW Gaarde Street
Conditional Use Permit
Tax Map 2S103DC-01100
Neighborhood Meeting: June 5:00 pm 3 neighbors came. The main concern was
where the school traffic would inter the church and exit. It was recommended by the 3
neighbors that the traffic enter on I I e and exit through the church parking lot directly
onto Gaarde Street. After speaking with the church they said it did not matter to them
which way we entered or left the parking area. We will do what was recommended by
the 3 people from the public hearing, enter the church through the 110 entrance and exit
out the parking lot directly onto Gaarde Street.
Impact Study: Attached separately.
Access: There are two accesses into the church parking areas. One is off 110'6 Street
and the other is off Gaarde Street. Both entrances are double wide and paved. Due to the
comments at our public hearing we will sue their recommendation and have the parents
and staff enters the church facility off 110 th street.
Land Scaping: The church exceeds the required amount (15%) of gross site
landscaping. There is no one who views the parking areas at the church. There are no
houses or business in view of the parking. The parking either faces the churches own
buildings, where there is landscape already provided or it.faces a hill with nothing on it
and nobody able to see it.
Recycling: The church already has recycle / garbage containers from Pride Disposal
properly placed at the location deemed for garbage and recycling.
Parking: The required amount of parking is 2 per classroom. There are total paved
103 regular parking spaces, 4 handicapped parking spots, and 7 gravel parking spots.
The church uses at the minimum 5 parking spots daily and at the maximum 10 parking
spots. We are using parking that is already available and not used by the church staff.
There more than adequate space for everyone to park. The church already has to code the
available handicapped spaces.
Bicycle Racks: We would like to ask for a waiver of the bicycle racks. We are a
kindergarten to third grade school. There are no children ages 5-8 who will be walking
or riding there bikes to school they are simply to young. Our staff either have small
children of their own that they will be transporting to daycare or school or live too far to
commute by bicycle. The amount of bicycle parking spaces required for the number of
people are 19, we would like to ask for a reduction.
P .6.
Signs: The church would like us to do a separate sign from theirs. They would like us
to put the sign at the entrance off I I e, directing parents to the proper driveway entrance.
Due to our one year lease, we do not want to spend a lot of money on this sign, and
would ask for it to look like: wood cut in the shape of an arrow, painted with the words
school entrance, 2.5 to 3 feet high.
Tree Removal Plan Required: There is nothing we will be doing to the churches
existing landscape. It's up to code.
Mitigation: There is no need for tree replacement.
Clear Vision Area:. The church has two double wide accesses into the parking area.
Both accesses have clear vision and already abide by this code.
Adjustment
Type H Application
Special adjustment request for the conditional use permit 11075 SW Gaarde, First Baptist
Church of Tigard, Applicant M.I.T.C.H. Charter School.
Bicvcle Racks: We are asking to waive the bicycle parking. M.I.T.C.H. will only be at
the church location one year. We are only serving children ages 5-8 years old. Our
teachers do not live within bicycle riding distance and 3 out of the five will have their
children being schooled at the charter school, and therefore definitely would not be riding
their bikes to the church/school location. Should we have to place bicycle parking in, we
would ask for a reduction of bicycle parking to a rack that holds 4 bicycles.
J
• p.7
First Baptist Church of Tigard
2S103DC-0110
Impact Study
Background
The proposed 10,000 square foot building is located at the west end of Gaarde Street
and 110 street in Tigard, Oregon. The building upstairs consist of 9 classrooms
two bathrooms, and downstairs room all open with a full kitchen and two
bathrooms. The school will be open from Monday through Friday lam- 5pm.
School operating hours are Sam to 4 pm Monday through Thursday. The
approximate amount of children at the facility 70 with 4 teachers and 2
administrators. Below is a summary of anticipated impacts on public utilities,
roads, and service demand from the temple.
Sanitary Sewer
Sanitary sewer services will be extended to the project site from the existing City of
Tigard main located SW 110' Place. It is anticipated that the existing sewer main
has sufficient capacity to handle the additional services demand from the building.
Water Supply
Water services will be provided by the existing services from Tigard Water District
main that is located along the south shoulder of SW Tigard Street. There appears to
be adequate supply and pressure (100psi) in the existing to serve domestic and fire
demand.
Storm Drainage
The existing storm drainage will not be affected and the proposed new conditional
use has no effect.
Schools
The project site is located within the Tigard/Tualatin School District No. 23j. Public
school elementary students in the neighborhood attend Charles F. Tigard School.
There will be no added impact to the school population.
Power/ Telephone/ Cable Television
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Portland General Electric and Verizon Northwest provide the electrical power and
telephone services respectively. Northwest Natural Gas and TCI Cablevision
provide natural gas and cable television.
Parks
The site is located by no parks.
Noise Impact
The activities are associated with the character of the proposed surrounding single
family area. The school will have limited activities associated with noise. Broad
buffers in-the wide setbacks from the property lines, Create additional separation
and softening of any potential noises. We may be able to afford purchasing and
installing playground equipment. Should we receive the money from this rant we
wrote, we would expect to put the play ground equipment off the road 110 , behind
the churches building referred to as Bolt Hall. This most north piece of land (owned
by the church) is secluded and has no homes close by. This north piece of land is the
most like due to it being the most flat. This area would be fenced in and has little
viewing of any neighboring houses. The level of noise would not change for any
existing residential as this area is. surrounded by trees and faces an area where there
is nothing but natural vegetation growing.
Transportation
Most parents will be carpooling to the school. The school lets each grade out at
different 15 minute intervals lightening the impact on the road. Most of the
registered families have two or more children. We have figured a high percentage
of usage as carpooling will most likely start in the second of third week of school.
On the high figuring there will be 40 roundtrip per day. It is aUarent that this
facility will not add significantly to the traffic on Gaarde or 110 street.
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