CUP2003-00004 I 20 DAYS = 9/I 3/2003 cm oF rio�Ro
DATE OF FILING: 6/26/2003 Community�eveCop►►ient
ShapingA�etter Community
CITY OF TIGARD
�NasFiington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2003-00004
ADJU TMENT VAR 2003-0 026
Case Name: MITCH CHARTER SCHOOL
Name of Owner: MITCH Charter School Attn: Debi Lorence
Name of Applicant: Comerstone Construction Mana ement Attn: Brian Radabau h
Address of Applicant: PO Box 230575 Ti ard Ore on 97281
Address of Property: 10575 SW Canterbu Lane Ti ard Ore on 97224
Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S110AA, Tax Lots 1400 & 1500.
A FINAt ORDER IN[ORPORATING THE FAQS, FINDINGS AND fONCLUSIONS APPROVING A REQUEST FOR A CONDITI4NAL USE PERMIT AND AN ADJUSTMENT.
THE UTY OF TIGARD HEARINGS OFfICER HAS REVIEWED THE APPLI(ANTS PLANS, NARRATIVE, MATERIALS, (OMMENTS OF REYIEWING AGENCIES, THE PLANNING
DIVISION'S STAFF REPORT AND REfOMMENDATIONS FOR THE APPLICATION DES(RIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER
HELD A PUBLIC HEARING ON UNE 16 2003 TO REfEIVE TESTIMONY REGARDING TNIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS,
FINDINGS AND CONCLUSIONS f NTAINED WITHIN THIS FINAL ORDER.
Request: ➢ Conditional Use approval for a Charter Elementary and Junior High School within the existing
Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant
improvements are proposed, along with a small outdoor play area and walkway to the street. An
Adjustment to the bicycle parking requirement has been requested to reduce the number of
required bicycle spaces. At the close of the record, the Hearings Officer conditionally
approved all applications subject to the conditions of approval within this final order.
Zone: R-12: Medium-Density Residential District. A�qlicable 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.
Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
� Owners of Record Within the Required Distance � Affected Government Agencies
O The Affected Citizen Involvement Team Facilitator � The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community
Development Department at the City of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON JUNE 27,2003 AND BECOMES
EFFECTIVE ON JULY 15, 2003 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section
18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with
the required fee shall be filed with the Director within ten (10) business days of the date the notice of the
decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14, 2003.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD,OR�;GON
Regarding an application by MITCH Charter School for a } F I N A L O R D E R
conditional use permit and adjustment for a charter elementary ) CUP 2003-00004
and junior high school in an existing building at 10575 SW ) VAR 2003-00026
Canterbury Lane in the R-12 zone in the City of Tigard ) (MITCH 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. Initially the
school will have one classroom each for kindergarten through 4th grade and will
accommodate up to 90 students. At capacity the school will have one classroom each for
kindergarten through 8th grade and will accommodate up to 180 students. The school will
be conducted in an existing assisted living facility at 10575 SW Canterbury Lane, on the
north side of Canterbury Lane roughly 200 feet east of the intersection with Highway 99
(tax lot 1400 and 1500,WCTM 2S 110AA (the "site")). The site contains about 11.9 acres
and is zoned R-12. The Staff Report to the Hearings Officer dated June 6, 2003 (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 to accommodate the proposed charter school. Initially the applicant will
remodel the first floor of one wing of the building to convert six existing residence rooms
into five classrooms and will construct a playground on the site. As the school grows, the
applicant will convert the second floor into classrooms. The applicant requests approval of
an adjustment to the minimum bicycle parking space standard to reduce the number of
spaces required from 54 to 10, because, unlike schools that draw most of their students
from the vicinity, most of the students for the proposed charter school do not live within
easy bicycle access, and parents must accompany children to school.
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. Two neighbors testified orally
with questions and concerns. Other than service providers, no one testified in writing. The
hearings officer closed the public record at the end of the hearing. The principal disputed
issues in this case include the following:
a. How many students may ride bicycles to school;
b. Whether students are likely to trespass over adjacent properties; and
c. Where to situate and how to buffer a playground for the school.
3. The hearings officer concludes that the applicant sustained the burden of proof
for a conditional use permit and adjustment to the bicycle parking space standard,based on
the findings and conclusions provided 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 June 16, 2003. All exhibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
CUP 2003-00004NAR 2003-00026 Hearings O�cer Fina!Order
(MITCH Charter School) Page 1
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 RepoR and recommended
approval of the application subject to the conditions provided therein. He noted that the
applicant initially proposes to offer classes for kindergarten through 4th grade. The
applicant intends to add Sth through 8th grades in the future as additional space is available
in the building. The applicant proposed to construct a small play structure on the southwest
part of the site, near the front of the building. The applicant also will construct a pedestrian
walkway between the building and Canterbury Lane. The applicant did not propose any
changes to the exterior of the existing building.
3. Ms. Lorence accepted the Staff Report and recommended conditions without
exception.
a. She testified the applicant may relocate the play area to the currently
undeveloped area north of the parking lot north of the building on the site to reduce the
chance that noise from children playing there will disturb neighbors. She requested the
hearings officer modify the conditions of approval to allow the applicant some flexibility in
the location of the playground. The design of the playground depends on the amount of
funding available. The majority of outdoor activities on the site will occur on the north end
of the site, away from neighbors' homes.
b. She noted that the applicant will lease the site from the property owner.
In response to questions, she noted the lease is between MITCH Charter School and the
owner. It does not allow the Tigard School District to operate a public school from the site,
and the applicant does not intend to operate the school other than as proposed. The
hearings officer noted that making the school public would require another CUP, too.
c. She testified that parents are required to accompany their students into the
school and sign them in. Students are not allowed to arrive unaccompanied. She agreed to
a condition of approval requiring that the applicant continue this practice.
d. She waived the applicant's right to have the record held open to offer a
closing written argument.
4. Eleanor Fisher questioned whether the Tigard School District can "take over"
the school and operate a public school on the site.
5. John Dunklee questioned whether the applicant will continue to require that
parents accompany their children into the school and"sign in." He argued that additional
fencing may be required if the applicant drops this requirement in the future. He argued
that unaccompanied children may trespass over adjacent properties to access the school.
6. 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
1. The Staff Report identifies the applicable approval criteria for the application and
applies them to the record in the case. The hearings of�cer 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
CUP 2003-00004NAR 2003-00026 Hearings O�cer Final Order
(MlTCH Charter SchoolJ page 2
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 TDC. The hearings officer adopts the findings in the Staff Report as
his own,except to the extent inconsistent with the findings and conclusions in this final
order.
2. The hearings officer finds that the proposed school is not reasonably likely to
generate a signi�cant amount of bicycle traffic. The applicant requires that parents
accompany their children to and from school. Parents must enter the building and sign their
chilciren in and out. The hearings officer finds that few parents are likely to accompany
their children to school on bicycles. Moreover school children attending the charter school
are drawn from a larger distance around the school than commonly occurs with traditional,
public schools. Fewer children from the vicinity of the school will attend the school,
reducing the number of children who attend the school and live within a comfortable
bicycling distance given their age range. Therefore the proposed adjustment to the bicycle
parking requirements of TDC 18.765.OSO.E is warranted and should be approved,provided
the applicant continues to require that parents accompany their children to and from the
school. A condition of approval is wan-anted to that effect.
a. The hearings officer should delegate authority to the planning manager to
vary or waive that practice if the applicant provides the requisite number of bicycle parking
spaces on the site or undertakes other measures or provides additional substantial evidence
that shows such a practice is not needed to ensure compliance with TDC 18.765.OSO.E.
Also see the discussion in finding 3.a below.
3. The hearings officer finds that there is no basis for concluding that students
attending school on the site will pose a hazard to neighbors or will be reasonably likely to
trespass. Students will be accompanied to and from school by a parent or other responsible
person„ and students will be supervised on the site by school staff during the day. If
parents do not accompany children,it is possible one or more children would take a shoR-
cut to the school through private property (e.g.,from the end of View Terrace west to the
school).� Therefore the applicant should be required to continue the practice of having a
parent or other responsible person accompany children to and from the school to avoid the
potential for trespass, given that the practice is being required to comply with TDC
18.765.OSO.E anyway.
a. However that trespass is possible does not make it inevitable or even
likely. If the planning manager finds the check-in/out practice is not warranted to comply
with TDC 18.765.OSO.E, and there is no history of trespass problems associated with the
school, the hearings officer finds that the planning manager may reduce or waive the
requirement. As a condition of such a change, the manager could require the school to
determine on a periodic basis whether any students are situated where a short-cut could be
tempting, based on their domicile address and the most direct route to the school, and to
work with the children in question and their parents to promote responsibility and respect
for the rights of the owners of property that would be affected by use of the short-cut. The
manager also could require monitoring of the situation and/or could retain jurisdiction to
address issues that arise over time.
1 The hearings officer has personal experience with this,having once cut-through a neighbor's yard to reach
my elementary school and having been turned in for it by my cousin and reprimanded by the principal and
my parents. The charter school staff should respond similarly to information about one of its students.
CUP 2003-00004NAR 2003-00026 Hearings Ogcer Final Order
(MITCH Charter Schoo!) Page 3
4. The applicant originally proposed to locate the play area near the west end of the
building, south of the access road. As noted in the Staff Report, noise from the play area in
this location may have an adverse impact on residents of the apartments south of the site.
Therefore if the applicant provides a play area south of the access road,it should be situated
as far north as possible without crossing the access road and not less than 30 feet from the
south boundary of the site.
a. At the hearing the applicant proposed to relocate the play area north of the
proposed building. The hearings officer finds that situating the play area north of the
building will reduce potential noise impacts on abutting residents. A play area north of the
building will be screened from surrounding residents by distance, the existing building and
signi�cant vegetation on the site,reducing the need for additional screening and buffering.
Therefore the hearings of�cer should delegate authority to the planning manager to reduce
or waive the screening and buffering requirements if the applicant sites the play area north
of the building. Condition of approval 1 should be modified to that effect.
5. Schools are pernutted as a conditional use in the R-12 zone. Although the
Tigard School District(the "District") has not proposed to do so, it could, in theory,
operate a public school from this site. However the District cannot simply"take over" this
approval and convert the proposed charter school to a standard public school without
authorization by the owner or acquisition by the District and approval of additional City
permits following a public hearing. The District would have to show that a public school
would comply with the applicable approval criteria. A public school may have substantially
greater impacts than the proposed charter school and therefore may require additional
mitigation in order to be approved. In any event, such a public school use of the site is not
proposed and is not approved or authorized by this decision.
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 pernut 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�ndings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter,the hearings
officer hereby approves CUP 2003-00004/VAR 2003-00026 (MITCH Charter School),
subject to the conditions of approval in the Staff Report dated June 6, 2003 with the
following modifications:
l. Condition 1 is hereby amended to read as follows:
1. 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.
CUP 2003-00004NAR 2003-00026 Hearings Offtcer Final Order
(MITCH Charter School) pageQ
a. If the playground is located west of the building it shall be
situated south of the access road but as far from the
apartments to the south as practical. The playground shall be
setback a minimum 30 feet from the south boundary of the
site.
b. The planning manager may reduce or waive the requirements
of this condition if the applicant sites the playground north of
the building. The amount,nature and location of screening
and landscaping for the playground shall depend on the
location of the playground and the potential for impacts to
, neighbors based on that location.
2. Condition 6 is hereby added to read as follows:
6. The applicant shall require all children to be accompanied to and
from school by a parent, guardian or equivalent and to check into and
out of the school daily with that accompanying person. School staff
shall respond in a timely and responsible manner if students are not
accompanied by such a person.
a. The planning manager may modify or waive this requirement
if the applicant provides the requisite number of bicycle
parking spaces on the site or undertakes other measures or
provides additional substantial evidence that shows such a
practice is not needed to ensure compliance with TDC
18.765.OSO.E.
b. As a condition of approving such a change, and in addition to
other conditions of approval that may be warranted,the
manager may require the school to determine on a periodic
basis whether any students are situated where a short-cut
could be tempting,based on their domicile address and the
most direct route to the school, and to work with the children
in question and their parents to promote responsibility and
respect for the rights of the owners of property that would be
affected by use of the short-cut. The manager also may
require monitoring of the situation and/or may retain
jurisdiction to address issues that arise over time.
c. Although the planning manager can administer such a change
pursuant to a Type I process, the manager may subject a
request for such a change to a Type II process to promote
public awareness and involvement.
DATED this 26th day of June, 2003.
�
Larry Epste' s . AICP
City of Tig L d Use Hearings Officer
CUP 2003-00004/VAR 2003-00026 Hearings O�cer Final Order
(MITCH Charter School) page 5
Agenda Item: 2.1
Hearin Date: 6.16.2003 Time: 7:00 PM
� � �
STAFF REPORT TO THE
� � x. .� HEARING'S OFFICER CITYOFiIGARD
FOR THE CITY OF TIGARD, OREGON .s���,�8=�c��=ry
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCH CHARTER SCHOOL
CASE NOS: Conditional Use Permit (CUP) CUP2003-00004
Adjustment (VAR) VAR2003-00026
APPLICANT: MITCH Charter School OWNER: Canterbury Crest
Attn: Debi Lorence Attn: Christine Kopkie, Director
PO Box 230575 10575 SW Canterbury Lane
Tigard, OR 97281 Tigard, OR 97224
PROPOSAL: The applicant is seeking Conditional Use approval for a Charter
Elementary and Junior High School within the existing Canterbury Crest
Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some
interior tenant improvements are proposed, along with a small outdoor
play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of
required bicycle spaces.
LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500.
COMP. PLAN AND
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 minimum 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, 18.370, 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
followin recommended Conditions of A roval:
MITCH CHARTER SCHOOL PAGE 1 OF 15
CUP2003-00004NAR20D3-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL
��
PRI�R TO ISSUANCE OF BUtLDING PERMITS:
u mit to t e anning ivision organ racy, , ext. or review an
approval:
1. 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 hed�e. 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. Furthermore, the playground shall be situated as far from
the apartments to the south as practical, a minimum setback of 30 feet is required.
2. The applicant shall provide a 10 stall bicycle parking structure that is not within parking
aisles, required landscaping or pedestrian ways. A revised plan will be required
showing the location and specific design of the required bike rack.
3. The applicant shall submit a plan for City.review and approval that shows the location
and construct a walkway connection, minimum 4 feet in width and that meets the
design criteria of Section 18.705.030 (F).
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.
5. The applicant shall either provide a stormwater quality and detention facilitv (to be
designed by a registered engineer m accordance with CWS standards) or al�emately
may pay the fee in lieu of these facilities.
THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT.
SECTION III. BACKGROUND INFORMATION
Site Histo :
ta con ucted a search of City records for the subJ'ect parcel. Apart from a lot line
adjustment approved in September of 2001 MIS 2001-00024) no other land use approvals
were found for the subject property. This lo� line adjustment was never recorded, and the
approval has subseq uently lapsed. The property was developed prior to its incorporation into
the City of Tigard. While the current group living use is permissible in the zoning distnct as a
conditional use, no conditional use approval has been granted through the City.
Vicinit rLlnformation:
The site is located east of SW Canterbury Lane, south of Pacific Highway. The property is
zoned R-12 with R-3.5 zoning to the east, R-12 zoning to the nor�h and south, and C-G
zoning to the west.
Site Information and Pro osal Descri tion:
he app icant is seeking approva. or a Charter Elementary and Junior High School, within
the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with
the school ultimately utilizing the entire building at some point in the future. Some interior
tenant improvements are proposed, along with a small outdoor play area and walkway to the
street. An adjustment to the bicycle parking requirement has been requested to reduce the
number of required bicycle spaces.
Concerns Raised b Nei hbors:
ta receive no comments rom nearby neighbors.
SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE
MITCH CHARTER SCHOOL PAGE 2 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existing assisted living grouP home building for use as a
charter school. This use is classified as a School, which is listed as a Conditional Use in the
R-12 zone.
Summary of Land Use Permits and Report Making 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 approva( cnteria. 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 parkin 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 cerfa�n 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 A roval Criteria for a Conditional Use: Section 18.330.030:
The site size and dimensions provide a equate area or the needs of the proposed
use;
The size of the site is 11.9 acres and is consistent with the standards for the R-12 zoning
district. The site is developed with a group living residential use (Canterbury Crest Assisted
Living Center). The applicant's request is to run a charter school from the 1St floor of the
existing group care facility building. The site provides adequate area for the proposed use.
The impacts of the proposed use of the site can be accommodated considering size,
shape, location, topography and natural features;
MITCH CHARTER SCHOOL PAGE 3 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
The 11.9 acre site is developed with a group care home, outdoor gazebo, and a parking lot.
The site slopes away from the building down towards Pacific Highway and the area
surrounding the building is predominantly flat. The site is very large, and is roughly square in
shape and is adequate for the proposed school use. Its location off of SW Pacific Highway
along a neighborhood route facilitates site access. There are many trees on the property
which create a park like setting. No exterior 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 are already in place
and serve the present group care home.
Streets:
This site lies adjacent to SW Canterbury Lane which is classified in the City's Transportation
System Plan as a neighborhood route. At present, there is 25 feet of right-of-way on
Canterbury Lane. The street is fully improved with curbs gutters, sidewalks and standard
pavement section. Additional right-of-way will not be required for this proposal.
Water:
TFiis site lies within the service area of the Tigard Water Department. There is an existing
public water line in SW Canterbury that serves fire sprinklers and general water supply.
Sanitary Sewer:
There is an existin� 8:' public sanitary sewer line within the Canterbury right-of-way adjacent
to this site. The existing building is presently served from this main line.
Storm Drainage:
The topography of this site slopes to the west toward Pacific Highway. A storm drain system
is presently m place in SW Canterbury Lane. There is presently.no detention facility,
however, this is a preexisting condition. Since a very minor addition of impervious area will
be created for the proposed walkway, no requirement for detention will be necessary.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the R-12 zone, the additional
dimensional requirements and approval standards for Schools are specified in the
Conditional Use Standards Section 1�.330.050.B.19.
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-12 Conditional Existing
USE
Minimum Lot Size
- Detached unit 3,050 s.f. 3,050 s.f. 518,718 s.f.
- Duplexes
-Attached unit
Avera e Minimum Lot Width None N/A
Maximum Lot Covera e 80% 12.6%
Minimum Setbacks
-Front yard 15 ft. 30 ft. 325 ft.
-Side facing street on corner&through lots 10 ft. 20 ft. N/A
-Side yard 5 ft. 20 ft. 109/400 ft.
- Rear yard 15 ft. 30 ft. 116 ft.
-Side or rear yard abutting more restrictive zoning district 30 ft. 116 ft.
-Distance between property line and front of garage 20 ft. N/A
Maximum Height 35 ft. 30 ft.
Minimum Landsca e Re uirement 20% 87.4%
[1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
MITCH CHARTER SCHOOL PAGE 4 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
The proposed use will occupy a pre-existing Assisted Living Group Care home facility. As
demonstrated above, the applicable requirements of the zone have been met.
The supplementary requirements set forth in other cha ter of this Code including but
not limited to Chapter 18.780, Signs, and Chapter 18.3�0, 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 Reporf Making Procedures;18.51�,
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 sfandards 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.
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 Approval for Conditional Use.
Section 18.330.030.B 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 facifities 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
operafing befinreen 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 andlor dust;
Based on the proposed use, noise could be a factor when children are present and playing
outside. The applicant has proposed a play area on the southwest part of the site, to the side
of the entry drive and in front of the assisted living center. This play area would be
constructed as funds become available. There are,apartments on the abutting southern
property within 25 feet of the property line. To minimize the potential for noise impacts, the
Playground should be placed as far north away from these apartments as practical.
However, since the school use will be during normal business hours, and is sub�ect to the
noise standards set forth in the municipal code, no additional measures should be necessary.
The property has a large amount of screening.vegetation to protect homes to the south 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;
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As no lots are being created and the site is found to be appropriatefy sized for the use, lot
area, depth and width requirements are irrelevant. The plans provided show a 109-foot side
yard setback on the south property line and a 400-foot setback on the north side of the site.
There is approximately 116 feet between the existing building and east property line, and 325
feet to the front yard. These setbacks far exceed the specific standards for school uses and
appear more than sufficient. Additional setbacks may be considered for the proposed new
play area, however, there is am le room between the access road and property line to
accommodate a play area at Ieas�30 feet from the property line, a total of 55 feet from the
apartments. No additional setback beyond 30.feet is necessary. Additional screening around
the pla 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 assisted living facility and parking area. 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 point is,existing and meets code standards with the exception of a pedestrian
walkway, which.is discussed later in this report. The access drive has been functioning well
and is appropriately placed. There appears to be su�cient site distance as well. No
additional conditions related to vehicle access points are warranted.
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 is already landscaped well in excess of the minimum code standards. No additional
landscaping is required with this project. The applicant has indicated that they may provide a
small playground area on the southern 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 andlor lighting of signs;
The subject site is allowed the following:
. 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 entrance
attached to the existing sign. 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.
Rec�uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
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Bufferin and screening is discussed further in this report. However due to the existing level
of vege�ation, 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 of the proposed playground area 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 proposal. Therefore, no protection and/or
preservation measures are needed.
Requiring the dedication of sufficient open land area for a greenway adjoining and
w�thin the floodplain when land form alterations and development are allowed within
the 100-year floodplain; and
No 100-year floodplain is associated with this application.
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.
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 ungle gym), in which
case the screening shall be a minimum of 6 feet tal�. Fur�hermore, the
play g.round shall be situated as far from the apartments to the south as
practical, a minimum setback of 30 feet is required.
B. ZONING DISTRICTS
Residential Zonin Districts Cha ter 18.510
ists t e escription o t e resi ent�a oning District.
The site is located in the R-12: Medium-Density residential zoning district.
The R-12 zoning district dimensional requirements have previously been addressed in the
conditional use discussion, above.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Ad'ustments Cha ter 18.370:
The applicant has requeste an ad�ustment to the bicycle parking requirements found in
TDC Cha pter 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.
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The required number of bicycle parking is 6 spaces per.classroom for elementary and junior
schools. The basis of the required bicycle parking provision is centered on the concept that
elementary schools serve students from kindergar�en through sixth grade (i.e. a es 5-12). It
is not necessarily on the basis that each classroom will generate a demand for �spaces, but
that in sum, the total student body will utilize an average of 6 spaces per classroom. Initially,
the school will be tailored to Kindergarten through 4�' grade. It is not forseeable that
kindergartners, or even first, second, third or fourth graders will be the predominant users of
the bike racks. Since the charter school is tailored to 5-9 year olds, it is reasonable to
anticipate a lesser share of bicycle riders. In the future, the school plans.to add a new grade
level until ultimately reaching 8`h Grade. At that time, there may be a slight increased need
for bicycle racks, however, as described further, the nature of this charter school is that fewer
children will ride their bikes to this location.
The nature of the school is that it accepts students from throughout the reg ional area, not
within a geographically specific district. Therefore, it is more likely that sfudents will live
further away than what may be a reasonable biking distance for a child. Additionally, the
school is located on a neighborhood route up a steep hill from an arterial street, with high
volumes of traffic, and no atternate local route to reach the school site.
This combination of factors leads to the conclusion that it is reasonable to reduce the
required bicycle parking. The applicant has not specified the total number of classrooms for
the ultimate buildout of the school, as negotiations for the remainder of the assisted living
building have not been completed. However, based on the fact that each grade presently
has one classroom, it is reasonable to assume that a total of 9 classrooms would be created.
This requires 54 bicycle spaces. However, the applicant has requested a reduction to �
spaces. Staff believes that with 5 teachers (to increase to 9), 2 administrators, and 90 K-4t
grade students (which will also increase as grades are added), a minimum of 10 bicycle
spaces, should be provided. This should be adequate to accommodate the relative small
proportion of bicycle riders.
FINDING: It is reasonable to reduce the required bicycle parking, however, adequate
provisions for bicycle parking is still required.
CONDITION:The applicant shall provide a 10-stall bicycle parking structure that is not within
parking aisles,, required landscaping or,pedestnan ways. A revised plan will be
required showing the location and specific design of the required bike rack.
Access, Egress and Circulation Chapter 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 existing access
already meets this standard.
Walkways:
On-site pedestrian walkways shall comply with the following standards: Walkways
shall extend from the ground floor entrances or from the �round floor landing of stairs,
ramps, or elevators of all commercial, institutional, and �ndustrial usesl to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and
industrial complexes. Unless impractical, walkways shatl be constructed between new
and existing developments and neighboring developments;
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There is no on-site pedestrian walkways that connect the building to SW Canterbury Lane.
There are no practical connection opportunities to neighboring developments, however, the
connection to the street is feasible.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Required walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width excfusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicyc�e racks, and sign posts, and shall be in compliance with ADA standards;
There is no walkway currently. The applicant will be required to prepare a plan that shows a
proposed walkway that will meet the above design criteria.
Required walkwaxs shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
There is no walkway currently. The applicant will be required to prepare a plan that shows
the proposed walkway and that will meet the above design criteria.
FINDING: The applicant's plan does not show the location of the proposed walkway.
CONDITION:The applicant shall submit a plan for City review and approval that shows the
location and construct a walkway connection, minimum 4 feet in width that
meets the design criteria of Section 18.705.030 (F).
Environmental Performance Standards (18.725L
Requires that federal and state environmental laws, rules and regulations be applied to
developrr�ent 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 shafl 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.
Landsca in and Screenin — Cha ter 18.745:
treet trees: ection 8.7 5.04 states t at all development pro ects fronting on a
public street shall be required to plant street trees in accor�ance with Section
18.745.040.0 Section 18.745.040.0 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).
Street and driveway t�ees are preexisting and satisfy the intent of this standard.
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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 or multiple-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. The parking area is largely hidden from view by
topography, distance, and vegetation. This standard is met.
Screening - Special Provisions:
Section 18.745.050.E requires the screenin� 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 canoQy 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 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 parkin� 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 Parkinq and Loading (18.765}:
Disab e -Accessi le'�Parking:
All parking areas shall be provided with the required number of parking spaces for
disabled ersons as specified b the State of Oregon Uniform Building Code and
federal standards. Sucfi parking paces shall be sized, signed and marked as required
by these regulations.
The proposed charter school will operate within the existin assisted living facility and
proposes to utilize the existing parking. The existing parking lo� has 40 parking spaces, 2 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
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, E ress and Circulation; access drives
shall be clearly and permanently marked and �efined through use of rails, fences,
walls or other 6arriers 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, exce pt as provided by Subsection
18.810.030.P, groups of two or more arking spaces shall be served by a service drive
so that no backing movements or o�her maneuvering within a streef 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.
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Parking Lot Striping:
Except for singfe-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 clearlX 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 alon� 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 parkin in Figures
18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8� feet x 18.5
feet for a standard space and 7.5 feet x 16.5 feet for a com pact 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 Parkin Location and Access:
Section 18.76�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.
The applicant's site plan does not indicate the specific location for the proposed bike rack. In
addition, staff has recommended that 10 bicycle spaces, versus the requested 6, 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 req uirements a pply 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, wafl or other structure;
bicycle parking spaces shall be at least 2'/z 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 vehicfe 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
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must be clearly reserved for bicycle parking oniy. 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 c�rained.
The applicant has not provided detail of the required bicycle parking.rack, therefore, staff can
not determine if this sfandard 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 s pecified 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 10 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 parkin� for a (charter) elementary and
junior high school is 2.0 spaces per classroom. The applicant states that there will be one
classroom per grade. On this �asis, ultimately, 18 parking spaces are required. With the
current proposal (K through 4 grade) only 10 spaces are needed. The applicant has
proposed jointly utilizing the assisted living center parking. The assisted living center has 12
single occupancy rooms and therefore requires 12 parking spaces based on fhe requirement
of one parking space per each singte occupancy room: A total of 22 spaces are currently
required, and when the school expands, ��ie assisted living use will cease so only 18 spaces
would be required at that time for the K-8 grade school. Since the site provides 40 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 — Cha ter 18.795:
ection 8.795. O.A. states t at t e 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
requirements or which changes the access requirements.
Section 18.795.030.B. 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, measure 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 Utilit Irr� rovements Standards - Cha ter 18.810:
Chapter 18.810 provides construction standards for the imp ementation of public and
private facilities and utilities such as streets, sewers, and drainage.
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Engineering Staff has evaluated the proJ ect and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimal and the structure being used
is already served with public utilities. Therefore, no street and/or utility conditions are
necessary. The applicant has been conditioned to provide a walkway connection befinreen
the building and the public street. This increase in impervious area generally. requires
stormwater treatment. Due to the small area increase, and the large amount of pervious area
on the site, and the fact that the walkway will generally not contribute significant pollutants to
the storm water, a fee in lieu may be assessedfor this project.
D. Im act Stud :
ection 18.390.04 .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 stud� shall propose improvements necessary to
meet City standards, and to minim�ze 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
propertx interests, the applicant shall either specifically concur with a requirement for
public right-of-way dedication, or provide evidence thaf supports that the real property
dedication is not roughly proportional to the projected impacts of the development.
The applicant has submitted an impact study. No street improvements or dedication of right-
of-way are proposed or required with this application. Public utilities are pre-existing: The
relative difference in trip generation between the previous,use and proposed use is minimal.
As no off site exactions are being required, no proportionality assessment is necessary.
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 Police Department has reviewed the proposal and has no objections to
it.
The City of Tigard Building Division has reviewed the proposal and notes that accessible
parking with an accessible route to the building entrance will be required as well as building
permits for the chan ge of use and interior tenant improvements.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following
comments:
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND
ccess roa s s a e wit in 15 eet o a portions o t e exterior
wall o the irst story of the building as measured by an approved route around the
exterior of the building. An approved turnaround is required if the remaining distance
to an approved intersecting roadway, as measured along the fire apparatus access
road, is greater than 150 feet. (UFC Sec. 902.2.1)
2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in
engt s a e provided with an approved turnaround. Diagrams of approved
turnarounds are available from the fire distnct. (UFC Sec. 902.2.2.4)
3) ACCESS ROADS ADJACENT TO BUILDINGS: Access roadways shall not be closer
t an eet to a structure un ess topograp ica restrictions dictate the location. (UFC
Sec. 902.2.1)
4) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
P en ui in�s are comp ete y protecte wit an approve automatic
ire sprin ler system, the requirements for fire apparatus access may be modified as
approved by the Chief. (UFC Sec. 902.2.1 Excep�ion 1)
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5) TURNING RADIUS: The inside turnin radius and outside turning radius shall be not
less than 25 feet and 45 feet respec�ively, measured from the same center point.
(UFC Sec. 902.2.2.3)
6) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to
accommo ate par e vehicles and 20 feet of unobstructed driving surface, "No
Parking" signs shall be installed on one or both sides of the roadway and in
turnarounds as needed. UFC Sec. 902.2.4) Si ns shall read "NO PARKING - FtRE
LANE - TOW AWAY ZON�, ORS 98.810 - 98.8�2" and shall be installed with a clear
space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high
and shall have black or red letters and border on a white background. (UFC Sec.
901.4.5.1)— (See diagram on back)
7) PAINTED CURBS: Where required, fire app aratus access roadway curbs shall be
painte ye ow an marked "NO PARKING FIRE LANE" at each 25 feet. Lettering
shall have a stroke of not less than one inch wide by six inches high. Lettering shafl
be white on red or black on yellow background. (UFC Sec. 901.4.5.2)
8) GRADE: Private fire apparatus. access roadwa grades shall not exceed an average
ra�g 10 percent with a maximum grade of �5 percent for lengths of no more than
200 feet. Intersections and turnarounds shall be level (maximum 5%) with the
exception of crowning for water run-off. Public streets shall have a maximum grade of
15%. (UFC Sec. 902.2.2.6)
9) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the
uilding s al not exceed 3, 00 �allons per minute (GPM) or the available GPM in the
water delivery system at 20 psi, whichever is less. A worksheet for calculating the
required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3)
10) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a
commercia ui ing s a e ocate more t an 250 feet from a fire hydrant when
measured in an approved manner around the outside of the building and along an
approved fire apparatus access roadway. Any hydrants that are left over from the
minimum number of hydrant calculations may be full filled by hydrants that are up to
500 feet from any point of the building. The fire Prevention Ordinance has further
requirements thaf need to be used for acceptance and placement of fire hydrants.
(UFC Sec. 903.4.2.1)
11) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: The
minimum num er o ire y rants or a ui ing s a e ase on t e require ire flow
prior to giving credit for fire protection systems divided by 1500. If the answer is equal
to or greater than x.5 the next whole number of hydrants shall be used. There shall
not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1)
Considerations for placing fire hydrants shall be as follows:
. Existing hydrants in the area may be used to meet the required number of
hydran{s; however, hydrants that are over 500 feet away from the nearest point
of the subject building shall not contribute to the required number of hydrants.
. Hydrants that are separated from the sub1'ect building by railroad tracks shall
not contribute to the required number of hydrants.
. Hydrants that are separated from the subject building by divided highway,
freeway, or heavily traveled collector streets shall not contribute to the required
number of hydranfs.
. Hydrants that are accessible only by a bridge shall be acceptable to contribute
to the required number of hydrants only if approved by the Chief.
. Private hydrants or public hydrants that are on adjacent private property shall
not contribute to the required number of hydrants for the sub�ect building.
MITCH CHARTER SCHOOL PAGE 14 OF 15
CUP2003-00004NAR2003-00046 6/16l03 STAFF REPORT TO THE HEARINGS OFFICER
�Exce�tion: The use of hydrants located on other private property may be
considered if their locations and access are encumbered in a legal document
(such as deed restriction) by the owners of the involved parcels of property.
The encumbrance may be lifted only after approvals by the Chief on behalf of
the fire department and any other governmental agencies that may require
approval.
. When evaluating the placement of hydrants at apartment or industrial
complexes the first hydrant(s) to be placed shall be at the primary access and
any secondary access to the site. After these hydrants have been placed other
hydrants shall be sited to meet the above requirements for spacing and
minimum number of hydrants. (UFC Sec. 903.4.2.1.1)
12) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be
ocate no more t an 15 eet rom an approve ire apparatus access roadway. (UFC
Sec. 903.4.2.4)
13) REFLECTIVE HYDRANT MARKERS: Fire hydrant_locations shall be identified by the
insta ation o re ective mar ers. e markers shall be blue. They shall be located
ad1'acent and to the side of the centerline of the access road way that the fire hydrant
is located on. In case that there is no center line, then assume a centerline, and place
the reflectors accordingly. (UFC Sec. 901.4.3)
14) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located
wit in 7 eet o a ire ,epartment connection . ire hydrants and FDC's shall be
located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5)
FDC locations shall be approved by fhe Chief. (1996 Oregon Structural Specialty
Code, Sec. 904.1.1)
15) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department.connections
s all not e ocate on t e ui ing t at is eing protected with the exception of Group
R, Division 1 Occupancies not over 4 stories in height. (UFC Sec. 903.4.2.5)
16) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION:
Approved fire apparatus access roa ways and fire fi� ting water supplies sha be
installed and operational prior to any other construction on the site or subdivision.
(UFC Sec. 8704)
17) KNOX BOX: A Knox Box for building access is required for this building. Please
contact t e Fire Marshal's Office for an order form and instructions regarding
installation and placement. (UFC Sec. 902.4)
� . June 6 2003
. organ cy
Associate Planner
��
� -���if/� June 6 2003
APPR ED B : Richar H. Be e sdo DAT
Planning Manager
i:lcurpin�morganlworicspace\cuplcup2003-00004 mitch school ii\cup2003-00004 draft decision.doc
MITCH CHARTER SCHOOL PAGE 15 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQIlIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
Commuriity�Deve(opment
CITY OF TIGARD -5����A�aetterCommunity
PUBLICHEARINGNOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JUNE 16, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2003-00004
ADJUSTMENT (VAR) 2003-00026
FILE TITLE: MITCH CHARTER SCHOOL
APPLICANT: MITCH Charter School OWNER: Canterbury Crest
Attn: Debi Lorence Attn: Christine Kopkie, Director
PO Box 230575 10575 SW Canterbury Lane
Tigard, OR 97281 Tigard, OR 97224
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High
School within the existing Canterbury Crest Assisted Living Center. Initially, the
two uses will coexist, with the school ultimately utilizing the entire building at some
point in the future. Some interior tenant improvements are proposed, along with a
small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle
spaces.
LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lot 1400 and 1500.
ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed
to accommodate a full range of housing types at a minimum 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, 18.370, 18.390, 18.510, 18.705,
18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25fi) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL AT
morgan@ci.tigard.or.us.
-
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� YIi1NITY MAP '
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�ST CUP2003-00004
� � YAR2003-00026_
MITCH CHARTER
�. SCHOOL
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� � REQUEST FOR COMMENTS ��TMOFno�RO `
RECEIVED PLANNINGsha mmA��eve ��2
P A �'
DATE: May 23,2003 JUL 1 0 2003 1�
� d,,.
To: lohn Roy,Property Mana9er/Public Works��OF TIGAR D
�- P �
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy,Associate Planner[x2428)
Phone: [5031639-41T1/Fax: [5031684-7291
CONDITIONAL USE PERMIT[CUPI 2003-00004/ADIUSTMENT[VARI 2003-00026
➢ MITCH CHARTER SCNOOLQ
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School within the
existing Canterbury Crest Assisted Living Center. Initially, the finro uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are
proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION:
10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at
a minimum 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,
18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information supplied by various.departments and agencies and from other information available to our staff, a
report and recommendation will be prepared and a decision will be rendered on the proposal in the near
fufure. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
JUNE 6 20Q3. You may use the space provided below or attach a separate letter to return your comments.
you are unable to respond b�r the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the
Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
= Written comments provided below:
� � � f ,�',,czu� rao _ �� �.� P�e.�,,w_�
�,�' � •k. ✓c�G Q
,- �
IName & Number of Person(s) Commenting: I
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� �it� Lee Walker,C1eanWater Sen►ices/SWM Program n � � � � i� ���
�;`I; MHT G 1 �iiv� "� �j
o FROM: �e Clri ef Ti9artl Plann[ng Dlu[slon �� LJ
0
�
STA�F CON�ACT: M9r�an i�aeY,Associats Plann�r[x24281 B y
Phone: [5031639-417U Fax: t5031684-7Y97
GOND1�10NA1 USE PERMIf[CUPI 2005-0000
4/ADfUSTM�NT[VAR12003-00026 �!�E�
➢ MITCN CHARTER SCHOOLQ ; 2003
��n�EST- The a��liGant is seekinq appro�al for a Charter Elementary and Junior High School within the ��• r xr�p
� existing Canterbury Crest Assisted Living Center. Initially, the two uses witi co�xist, with i#�e scf�ooi '""��R�r
ul�imately utilizing the entire bui�ding at some point in the future. Some mterior tenant improvements are
�, proposed, along with a small outdoor play area a�d walkway to the street. An Adjustmenf to the bicycle
� parking requirement has been requested to reduce the number of required bicycle s�aces. L4CATION:
a 1o575 SW Canterbury L.ane; WCTM 2S110AA, Tax tots 1400 and 1500. ZONE: R-12: Medium-Density
� Residential District. The R-12 zon�ng district is designed to accommodate a full range of housing types at
w a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted
� conditionally. APPLICASLE REVIEW CRITERIA: Communily De�elopment Code Chapters: 18.330,
� 18.370, 18.390, 18,510, 18,70�, 9$.72�, 18.745, 18.755, 18,765, 18.780, 18.795, and 18.810.
� Al�ached are the Site Plan, Vicinity Map and App[icant's StatemenUPlans for your review. From
� informatian supplied by various.departments and agencies and frorrt other information available to our sta#F, a
� report and recommendation will be preparetl and a decisi�n will be rendered on the ro osal in the near
I fufure. lf ou wish 10 comment on this application, �:��I EI�"g-- � � � � T� -�g � ��
z � � � You may use the space provided below o� a ach a separate e er to return your comments.
ou are unable to res ond b the above date, please phone the staff contact noted above with our
commen�s an c�n irm your commen s in wr�ting as soon as ossible. If you have any questions, contac�fhe
Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, �R 97223.
NI - � y
m' PL��SE GH C, -TH�FO4LO1�VfN�G_I�E S� -HA�'=A1�PLY:-: _y` =_ `•._
°° We have reviewed the proposai and have no objections to it.
ol — of our office.
� Please contact
� r Please refer to the enc ose etter.
w I � Written comments pravided below:
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� � REQUEST FOR COMMENTS CITYOFTIGARD
Community�DeveCopment
S�apingA BetterCommunity
DATE: MeY 23,2003
T0: lim Wolf,Tigard Police Department Crime Prevention Officer
FROM: Ciiy of Ti9ard Planning Di�ision
STAFF CONTACT: Morgan Trac]I,Associate Planner[x24281
Phone: [5031639-4171/Fax: [5031684-1291
CONDITIONAL USE PERMIT[CUPI 2003-00004/ADIUSTMENT[YARI 2003-00026
➢ MITCH CHARTER SCNOOLQ
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School within the
existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are
proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION:
10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at
a minimum 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,
18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's StatementlPlans for your review. From
information supplied by various.departments and agencies and from other information available to our staff, a
report and recommendation will be prepared and a decision will be rendered on the proposal in the near
future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
JUNE 6 2003. You may use the space provided below or attach a separate letter to return your comments.
you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the
Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
= Written comments provided below:
�Name & Number of Person(s) Commenting: �.��`� X 2�� I
REQUEST FOR COMMENTS CITYOFTI(iARD
�'ommicnity�Development
,S(apingA BetterCommunity
DATE: Maf123,2003
T0: Brian Blalock,Commercial Plans Examiner
FliOM: Ciql of Tigard Plannin9 Division
STAfF CONTACT: Mor9an TracY,Associate Planner[x24281
Phone: [5031639-4171/Fax: [5031684-7291
CONDITIONAL USE PERMIT[CUPI 2003-00004/ADIUSTMENT[VARI 2003-00026
➢ MITCH CNARTER SCNOOLQ
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School within the
existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are
proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION:
10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at
a minimum 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,
18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Statement/Plans for your review. From
information supplied by various departments and agencies and from other information available to our staff, a
report and recommendation will be prepared and a decision will be rendered on the proposal in the near
future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
JUNE 6 2003. You may use the space provided below or attach a separate letter to return your comments.
you are unable to respond by the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the
Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
'� Written comments provided below:
�jllE C G�SS /�GG Pf1 R I�G l N�r Gv/"1"f� f�N fI c G �'S.s/1��G
RO U T�' TD Th'E G�vT�eANe c w �c. � a C 1ZC-C�'.D
� l3V�CD/NG �ER��!S RE�A�iN� cyA�uGG- OF UsE �EQ�D
I Name & Number of Person(s) Commenting: ���� � �� Oe� �/8'Z�3� I
REQUEST FOR COMMENTS CtTYOFTIC3ARD
Community�Development
SFiapingA Better Community
DATE: May 23,2003
T0: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Morgan Tracy,Associate Planner[x24281
Phone: [5031639-41T1/Fax: [5031684-1291
CONDITIONAL USE PERMIT[CUPI 2003-00004/ADJUSTMENT[VQRI 2003-00026
➢ MITCH CHARTER SCNOOLQ
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School within the
existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are
proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION:
10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at
a minimum 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,
18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's StatemenUPlans for your review. From
information supplied by various departments and agencies and from other information available to our staff, a
report and recommendation will be prepared and a decision will be rendered on the proposal in the near
future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:
JUNE 6 2003. You may use the space provided below or attach a separate letter to return your comments.
ou are unable to res ond b the above date, please phone the staff contact noted above with your
comments and con irm your comments in writing as soon as possible. If you have any questions, contact the
Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
I Name & Number of Person(s) Commenting: l
�
� CITY TIGARD REQUEST FOR C0� :NTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS.: tJ� � �7 -c7c1Uc�� V '- �t:k�LL FILE NAME: � C I-1 Sc a���
CITIZEN INVOLVEMENT'iEAMS
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East South �West aProposal Descrip.in Library CIT Book
CITY OFfICES
LONG RANGE PLANNING/Barbara Shields,Planning Mgr. OMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. �POLICE DEPTJJim Wolf,Crime Prevention Officer
�BUILDING DIVISION/Gary Lampella,Building Otficial NGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer_WATER DEPTJDennis Koellermeier,Operations Mgr.
CITY ADMINISTRATION/Cathy WheaUey,City Recorder PUBLIC WORKSlJohn Roy,Property Manager PUBLIC WORKS/Matt Stine,Urban Forester
✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI _C.DJSherman Casper,Permit Coord.�sowcuc�e:r�F�
SPECIALDISTRICTS
TUAL.HILLS PARK 8 REC.DIST.+� �TUALATIN VALLEY FIRE&RESCUE+� _ TUALATIN VALLEY WATER DISTRICT� CLEANWATER SERVICES+�
Planning Manager Fire Marshall Administrative Office Lee WalkerlSWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
BeaveRon,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge
Irish Bunnell,De�ebpnx,vrt Servkxs 18880 SW Martinazzi Avenue PO Box 59 775 Summer SVeet NE
PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING � OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol SVeet NE
CITY OF OURHAM � 600 NE Grand Avenue 800 NE Oregon SVeet,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Portland,OR 97232
PO Box 23483 Bob Knight,Data Resourte CeMer(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 Paulette Allen,GrowM Manapement Cowdinalnr OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris
_ Mel Huie,GreenspacesCoortlinalor(CPA20A) Larry French�comP.P�ann��a�,�sa�y� Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,R�oa�a�r��.�w�ia�e5� 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GiowthMa�apemeMSeMCes Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY�Poweruries�nrea> _OR.DEPT OF AVIATION�MOnopo�e Towersl Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,a�,�� 155 N.First Avenue
CITY OF LAKE OSWEGO� RouGng TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland.OR 97208-3621 Brent Curtis ccra>
Lake Oswego,OR 97034 Gregg Leion ican�
_ OR.DEPT.OF ENVIRON.�UALITY(DE�) ODOT,REGION 1 � Anne LaMountain oc�vuaet
CITY OF PORTLAND tr+ouy ro.wewm5 y,a Pot�e���eti�mv�i _Marah Danielson,Devebpme,ri Review CooNwwlnr Phil Healy ocvwRe�
Planning Bureau Director Regional AdminisVator Carl Toland, Right-of-Way Sec6on N��� Steve Conwaycc�n�5.�
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer�cP.a��MS,.
PoRtand,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn�Ms�s
_Doria Mateja�zcn>Ms+4
WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"971"(MOnopole Towan) ODOT,REGION 1 -DISTRICT 2A�
Dave Austin Jane Estes,Pertnrt Specialist
PO Box 6375 5440 SW Westgate Drive,Suite 350
Beaverton,OR 97007-0375 Portland,OR 97221-2414
UTILITY PROVIDERS ANO SPECIAL A6ENCIES
� PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington NaihemlSanta Fe wR Predecessor)
Robe�t I.Melbo,President&General Manager
110 W. 10th Avenue
� Albany,OR 97321 /
' SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS ATBT CABLE �/ TRI-MET TRANSIT DVLPMT.
CliHord C.Cabe,Construction Engineer Debra Palmer�n��exna�o�u,.� Pat McGann (It Pmjea is wnhin i Miie of a 7ransa Route)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 Portland,OR 97232
PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering
9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 PoNand,OR 97219
�TIGARD/TUALATIN SCHOOL DIST.iF23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. ATBT CABLE i�o,.ewwu�wssvn
Marsha BuUer,AdminisVa6ve O�ces Jan Youngquist,Demographics Melody Malone Diana Carpenter
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 3500 SW Bond Street
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232
+IF INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANYIALL
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Noti(y�. �:lpattyVnasters\Requesl For Comments Notification Lisl2.doc (Revised: 3/25/03)
t , ,
AFFIDAVIT OF P4STING NOTICE OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED
ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: CUP2003-00004NAR2003-00026
Land Use File Name: MITCH CHARTER SCHOOL
I, Morgan Tracy, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use
proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax
lot(s) currently registered) �S7 G �,v and
did personally post notice of the Public Hearing on the pr posed land use application(s) by means of
weatherproof posting in the general vicinity of the affected territory, a copy of said notice being
hereto attached and by reference made a part hereof, on the � day of �'�'��� , 2003.
/
Signature of Person ho Perform d Posting
(In the presence of the Notary)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF OREGON )
County of Washington ) ss.
Subscribed and sworn/a ed before me on the day of( , 20 '�
OFF►CIAL SEAL
�•° J BENGTSON
�` NOTARY PUBLIC-OREGON
COMMISSION NO.368086
MY COMMISSION E�XPIRES APR.27,2007 NOTA PUBLIC F OREGON
My Commission Expires: ���� �p��
U
h:Uogin\pattylmasterslaffidavit of posting for applicant to post public hearing.doc
RIN . '
NOTICE � F PUBLIC HEA G
The following will be considered by t�he Ti ard Hearin s Officer on Monda June 16 2003 at 7:00 PM at the Tigard�
Civic Center - Town Hall, 13125 SW Ha v ., igar , regon. Both pu ic ora an wri en es imony is invited.
The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of
�rocedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390.
estimony 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 sufficient 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 available 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: Morqan Tracv) at 13125 SW Hall
Blvd., Tigard, Oregon 97223, or by calling 503-639-417'f.
CONDITI�NAL USE PERMIT (CUP) 2003-00004/ADJUSTMENT (VAR) 2003-00026
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High
School within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will
coexist, with the school ultimately utilizing the entire building at some point in the future. Some
interior tenant improvements are proposed, along with a small outdoor play area and walkway
to the street. An Adjustment to the bicycle parking requirement has been requested to reduce
the number of required bicycle spaces. LOCATION: 10575 SW Canterbury Lane; WCTM
2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density Residential District. The
R-12 zoning district is designed to accommodate a full range of housing types at a minimum 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, 18.370, 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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m ,� F B 73125 SW H�II Blvd
i�rTT1-rii�}7n�{7i 8 � B� Tipartl.OR 97229
�"��'''`U1(1.1�r � (503)639-4171
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Community Development Plot date:May 22,2003;C:ImagicWIAGIC03.APR
2S 110AD-08800 2S 17 OAD-02300
ANNAND JOHN D II 8� BENZ FRED S
KELLER SUSAN A TRUST 8 PO BOX 230029
VINELLA MARY JANE TIGARD,OR 97281
8260 SW HUNZIKER RD
TIGARD,OR 97223
2S 110AC-0OZ00 2S 110AD-0231
A AND JOHN D I& B F S
KELL SU A TRUST& PO 230029
VINEL RY JANE ARD, 97281
826 HU KER RD
�GARD,OR 972
2S 110AD-00510 2S711 BB-02000
BACKHAUS BRENDA BERNARDS CHARLES J&AGNES MARI
10627 SW CANTERBURY LN PO BOX 65
TIGARD,OR 97224 3881 BLANCHET AVE NE
ST PAUL,OR 97137
2S 110ADA0500 2S 1118C-03800
BA AU ENDA BERTULEIT MIRIAM R/DANIEL TRS
10627 NTERBURY LN 10390 SW VIEW TERRACE ST
T ARD,OR 9 24 TIGARD,OR 97224
2S�ioa4-0oaol 2S�>>BC-o2soo
BATES STEPHEN C&JODETTE S BOEHR IRWIN I AND PATRICIA L
10430 SW VIEW TER TRUSTEES
TIGARD,OR 97224 10470 SW VIEW TERRACE
TIGARD,OR 97224
2S 71 oAA-01100 2S 11oAD-07800
S ST EN C&JODETTE S BROWN SCOTT C&PEGGY L
1043 VIEW TERRACE 14630 SW 1�6TH AVE
T ARD,OR 24 TIGARD,OR 97224
2S 110AA-01300 2S 110AD-03900
BAT STE N C&JODETTE S BURKS GILDA M
10430 TERRACE 14655 SW 106TH AVE
ARD,OR 97 4 TIGARD,OR 97224
2S117 BC-03600 2S 110AA-01200
BATES STEPHEN CHRISTOPHER AND CAIN JAMES L
JODETTE SUGDEN 27775 NW WILLIAMS CANYON RD
10430 SW VIEW TERRACE GASTON,OR 97119
TIGARD,OR 97224
2S 71 t BB-0160o 2S 11 oAA-0t 401
BAURER RAMONA R CAIN JAMES UDARLENE L
14165 SW 103RD 27775 NW WILLIAMS CANYON RD
PORTLAND,OR 97224 GASTON,OR 97119
2S 110AD-04204 2S 1118 B-02700
BEHRENDT ROBERT F AND SHARON A CALLAHAM C DAVID
1450 S KIHEI RD C205 10804 NE HWY 99
KIHEI,HI 96753 VANCOWER,WA 98686
2S 17 OAD-01200 2S 110AD-02110
CALWAY HILL HOMEOWNERS ASSOC D YER J C
BY STAN ADKINS BUILDER INC 14678 106TH AVE
8459 SW BARBUR BLVD T RD,0 7224
PORTLAND,OR 97223
2S 17 OAD-09400 25111 BC-03001
C AY HILL H EOWNERS ASSOC DUNKLEE JOHN 8 MARGARET
BY STA NS BUILDER INC 10440 SW VIEW TERR
8459 BARB VD TIGARD,OR 97224
TLAND,OR 97223
2S110AD-09600 2S117 BB-02400
CAL= Y HILL EOWNERS ASSOC DURFEE DAVID A&SHIRLY M
BY STAN S BUILDER INC 10460 SW AMANDA CT
8459 BARBU lVD TIGARD,OR 97224
TLAND,OR 97223
2S170AD-09500 2S110AD-07700
CA AY HILL H EOWNERS ASSOC DYER KENT L&BRYNNE D
BY ST S BUILDER INC 14620 SW 106TH AVE
8459 BUR BLVD TIGARD,OR 97224
P TLAND, 97223
2S 17 OAA-01600 2S 110AD-04202
COX JERRY R ANN M EWING DOREEN L TR
14350 SW PACIFIC HWY 14625 SW 106TH
TIGARD,OR 97223 TIGARD,OR 97224
2S 110AD-02010 2S 111 BC-03700
CRIST DAVID L&BARBARA A FAIRLEY RONALD S&KAREN S
14672 SW 106TH AVE 10420 SW VIEW TERRACE
TIGARD,OR 97223 TIGARD,OR 97224
2S 110AD-02000 2S 17 OAD-00600
CR &BARBARA A FEDERAL NATIONAL MORTGAGE ASSN
1467 1 AVE 13455 NOEL RD STE 600
ARD,OR 97223 DALLAS,TX 75240
2S110AA-02800 2S110AD-00610
DANNA BROTHERS PROPERTIES F RAL N NAL MORTGAGE ASSN
9800 SE STARK ST 1345 D STE 600
PORTLAND,OR 97216 LAS,TX 752 0
2S 110AA-01700 2S 110AD-08600
DECE III INVESTMENTS LLC FISHER ELEANOR
1000 SW BROADWAY STE 1000 10505 SW CANTERBURY LN
PORTLAND,OR 97205 TIGARD,OR 97224
2S 110AD-02100 2S 110AD-03700
DREYER JOAN C FORD ROBERT D AND
14678 SW 106TH AVE GENEVIEVE V
TIGARD,OR 97224 14677 SW 106TH AVE
TIGARD,OR 97223
2S110AD-04100 2S110AD-04201
GALYEN SUSAN E IRWIN LORENE A
14641 SW 106TH AVE 14635 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-00310 2S111 BC-03300
GAUTHIER JASON P JOHNSON DOUGLAS EDWARD AND
10631 SW CANTERBURY LN SUE ANN
TIGARD,OR 97224 10375 SW VIEW TERRACE
TIGARD,OR 97223
2S 110AD-00300 2S 111 BB-01700
UTHIER J ON P JOHNSON TAYLOR C 8 TRICIA M
106 ANTERBURY LN 14155 SW 103RD AVE
RD,OR 24 TIGARD,OR 97224
2S 111 B C-02700 2S 710AA-03100
GLEAVES GREGORY L&JONETTE KENDLER ILA V
10380 5W CANTERBURY LN 14040 SW 105TH#B
TIGARD,OR 97223 TIGARD,OR 97224
2S111 BC-03400 2S110AB-00200
GOSSELIN WILLIAM C AND KOLVE G C
BETTY JEAN 14389 SW PACIFIC HWY
10405 SW VIEW TERR. TIGARD,OR 97224
TIGARD,OR 97223
2S 111 B B-02200 2S 110AD-00410
H&M ENTERPRISES LLC LONG S CAROLYN
10804 NE HWY 99 10629 SW CANTERBURY LN
VANCOWER,WA 98686 TIGARD,OR 97224
2S 110AD-01910 2S 110AD-00400
HAASE JOHN G L G S C N
14666 SW 106TH AVE 10629 CANTERBURY LN
TIGARD,OR 97224 RD,OR 4
2S 110AD-01900 2S 110AA-03000
H JO LOWER CHARLES LEO AND
14666 H AVE LOWER FLORENCE LUVENA TRUSTEES
TI RD,OR 972 17025 NE HERD RD
NEWBERG,OR 97132
2S 11 UAD-01500 2S 111 BC-03200
HADLEY MICHAEL F LUKE-DORF INC
10540 SW CANTERBURY LN 10313 SW 69TH AVE
TIGARD,OR 97224 TIGARD,OR 97223
2S111 BB-01800 2S110AD-03800
HEISE MONICA JO-ANN MCCABE NANCY
10390 5W AMANDA CT 14661 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-00700 2S110A6-06000
MCELHANEY JONATHAN D OREGON DEPT OF TRANSPORTATION
10623 SW CANTERBURY LN do LEASE:GERALD KOLVE#57699
TIGARD,OR 97224 355 CAPITOL ST ROOM 411
SALEM,OR 97301
2S110AD-00710 2S110AA-07500
ANE NATHAN D OREGON FOUNDATION INC
10623 TERBURY LN 520 SW 6TH
T RD,OR 97224 PORTLAND,OR 97204
2S 11 oAD-09 600 2S 11 oAA-0140o
MCMONAGLE PAMELA D OREGON FOUNDATION INC
10550 SW CANTERBURY LN 10575 CANTERBURY LANE
TIGARD,OR 97224 TIGARD,OR 97223
2S 171 BC-04000 2S 110AD-08700
MILLER JUDITH A&PAUL E TRS PANORAMA WEST APARTMENTS LLC
10330 SW VIEW TER 777 CALIFORNIA AVE
TIGARD,OR 97224 PALO ALTO,CA 94304
2S11188-02500 2 7t0AD-08801
MONTES GLORIA�8 CARLOS A PA RA EST APARTMENTS LLC
10440 SW AMANDA CT 777 C ORNIA AVE
TIGARD,OR 97223 P ALTO, 94304
2S 110AD-00910 2S 110AA-00800
MURPHY KAYE L PIERCE FAMILY LIMITED PARTNERSHI
10619 SW CANTERBURY LN 14010 SW HIGH TOR DR
TIGARD,OR 97224 TIGARD,OR 97224
2S 10AD-00900 2S710AA-00900
MU Y L Pf E F LIMITED PARTNERSHI
1061 TERBURY LN 14010 GH TOR DR
ARD,OR 97 24 T RD,OR 4
2S 111 BC-03500 2S 1 tOAD-01010
MYERS DON ANDREW AND POWELL JACQUELINE S
YVONNE LYNN P O BOX 23322
10445 SW VIEW TERRACE TIGARD,OR 97281
TIGARD,OR 97224
2S110AA-00500 2S110AD-01000
OGDEN ORLAND O 8 MARY JOAN P LL QUEL�NE S
24030 AIRPORT RD NE P O B 2
AURORA,OR 97002 TI RD,OR 97 1
2S 11 oAA-0a20o 2S 111 BC-02800
OHANESIAN LEE 8 DONNA PRESBYTERY OF PORTLAND THE
Go SKL PROPERTIES LLC CALVIN PRESBYTERIAN CHURCH
P O BOX 230703 10445 SW CANTERBURY LN
TIGARD,OR 97281 TIGARD,OR 97224
2S 711 BC-03900 2S 710AD-00200
RAUDY BEVERLY STANSBURY YVONNE '
10360 SW VIEW TERRACE 10633 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97224
2S110AA-01000 2S110AD-00210 '
RIPLEY DAVID& ST SBU YVONNE
RIPLEY JOHN 1063 NTERBURY LN
14170 SW PACIFIC HWY ARD,OR 9 24
TIGARD,OR 97224
2S 111 BB-02600 2S 110AD-00100
ROCHE RICHARD L 8 KELLY J STRATTON CHARLA MARIE
10420 SW AMANDA CT 10635 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AD-01110 2S 110AD-0011
SHIBLEY KENT D&RUTH K ST CHARLA MARIE
10615 SW CANTERBURY LN 10 S NTERBURY LN
TIGARD,OR 97224 GARD,OR 9 24
2S 11 oAD-01 t 00 2S 11 oAD-03600
IBLEY K D 8 RUTH K TAYLOR CHARLES C II&AVA C
1061 NTERBURY LN 14685 SW 106TH AVE
RD,OR 9 TIGARD,OR 97224
2S110AA-03200 2S110AA-00600
SKEI DONALD W 8 HARRIET J TEXLAND PROPERTIES CORP
8963 SW LESLIE 2828 N HASKELL AVE
PORTLAND,OR 97223 DALLAS,TX 75204
2S110AA-03201 2S110AD-04000
SKEI HARRIET J 8 THOMPSON EVELYN M
ESPINOSA GREGORY S&JEANNE A 14647 SW 106TH AVE
8963 SW LESLIE ST TIGARD,OR 97223
PORTLAND,OR 97223
2S 111 B B-02101 2S 110AC-00100
SKYNAT LTD PARTNERSHIP TIGARD EVANGELICAL CHURCH OF
4000 SW CORBETT AVE NORTH AMERICA THE
PORTLAND,OR 97239 13620 SW PACIFIC HWY
TIGARD,OR 97223
2S 1 t 0AD-04203 2S 110AA-00300
SMOOLE CHARLENE M TIGARD INVESTMENT GROUP LLC
14615 SW 106TH AVE BY EYRING REALTY INC
TIGARD,OR 97224 1901 OLYMPIC BLVD STE#220
WALNUT CREEK,CA 94596
2S111 BB-0230o 2S1 t 18C-02600
SPRAGUE DEREK G&KORINDA E TIGARD WATER DISTRICT
10480 SW AMANDA CT 8777 SW BURNHAM ST
TIGARD,OR 97224 TIGARD,OR 97223
2S 111 BC-03100
TIMMINS KELLY A 8 KATHLEEN M
14335 SW 103RD AVE
TIGARD,OR 97224
2S 1 t oAA-007oo
TOSCO CORPORATION
PO BOX 52085
PHOENIX,AZ 85072
2S110AD-02210
UHLER ANN S&
COATES LAURA C
14684 SW 106TH AVE
TIGARD,OR 97224
2S110AD-02200
UHLER ANN 8
COA URA C
146 W 106 VE
T ARD,OR 97224
2St 10AD-08805
VANLOM JOSEPH M AND CYNTHIA S
PO BOX 25744
PORTLAND,OR 97298
2S 11 oAA-00400
WASHINGTON COUNTY
FACILITIES MGMT
111 SE WASHINGTON ST
HILLSBORO,OR 97123
2S 111 BB-0150o
WASHINGTON COUNTY&
CLACKAMAS COUNTY
111 SE WASHINGTON ST MS42
HILLSBORO,OR 97123
2S 11 oAA-02000
WEC97H-OREGON-2 INVESTMENT TRUST
BY HEILIG-MEYERS COMPANY
ATTN:PROPERTY MANAGEMENT
12560 W CREEK PKWY
RICHMOND,VA 23238
2S 110AD-00800
WHITMORE DOUGLAS E&GWENDOLYN
14803 SW 106TH AVE
TIGARD,OR 97224
2S 110AD-00810
WHITMORE DOUGLAS E 8�GWENDOLYN
14803 SW 106TH AVE
TIGARD,OR 97224
Jack Biethan
11023 SW Summerfield Drive#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114"� Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - CENTRAL fIT SUBfOMMITTEE (i:lcurpinlsetupllabelslClT Central.doc) UPDATED: November 27, 2002
2S110AA-01500
OREGON FOUNDATION INC
520 SW 6TH
PORTLAND,OR 97204
AFFIDAVIT OF MAILING CITYOFTIGARD
Community�Dec�elopraent
SftapingA BetterCommunity
I, �Patricia L. Lu�orcf, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�Iminirtratrue SpeciaCut for
the �'ity of7'�gar , 4Naskington County, Oregon and that I served the following:
{Cneck Appropriate Box(s)Bebw}
� NOTICE OF PUBLIC NEARING FOR: � CUP2003-00004/VAR2003-00026 — MITCH [HARTER SCHOOL �16/2003)
(File No.Mame Reference) (Da�e of PuWic Heanng(s)
City of Tigard Planning Director
Tigard Hearings Officer
Tigard Planning Commission
Tigard City Council
A copy of the said notice being hereto attached, marked Exhlbit"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s} shown on the attached list(s), marked Exhlbn"B",and by reference made a part
hereof, on Ma]I 22,2003,and deposited in the United States Mail on May 22,2003, postage prepaid.
�
' • � �.
� ��-:
, %° lz!- , i .. ,
(Person that repared Notic )
�___ ,
,57,A�E OF O�EGON )
County of`Wasjtngton )ss.
C��y of 2igard )
Subscribed and sworn/affirr�before me on the �� day of � , 2003.
./
�R,::.�c OFFICIAL SEAL
� �. � o J BENGTSON
>.: NOTARY PUBLIC-OREGON �
` � COMMISSION NO.368086 �s�� � � � ��
MY COMMISSION EXPIRES APR.27,2007
My Commission Expires: ' �7 �
� � � EXHIBtT�
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
CITY OF TIGARD
['omrrrunify�IJeveCopment
CITY OF TIGARD ,S��a���a`a�tter�'omn�u�iity
PUBLIC HEARIHG NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
JUNE 16. 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2003-00004
ADJUSTMENT (VAR) 2003-00026
FILE TITLE: MITCH CHARTER SCHOOL
APPLICANT: MITCH Charter School OWNER: Canterbury Crest
Attn: Debi Lorence Attn: Christine Kopkie, Director
PO Box 230575 10575 SW Canterbury Lane
Tigard, OR 97281 Tigard, OR 97224
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High
School within the existing Canterbury Crest Assisted Living Center. Initially, the
finro uses will coexist, with the school ultimately utilizing the entire building at some
point in the future. Some interior tenant improvements are proposed, along with a
small outdoor play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of required bicycle
spaces.
LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lot 1400 and 1500.
ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed
to accommodate a full range of housing types at a minimum 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, 18.370, 18.390, 18.510, 18.705,
18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF
CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY
THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL
ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED
BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503)
684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO
THE HEARING TO MAKE ARRANGEMENTS.
ANYONE WISHING TO PRESEN� WRITTEN TESTIMONY ON THIS PR�rOSED ACTION MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC
HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT
PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND
WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER
MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON
THE APPLICATION.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR
TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF
THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY
REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A
REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING
(ORS 197.763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE
TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR
DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND
THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE
REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE
LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR
THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS
PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO
COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503)
639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL AT
morgan@ci.tigard.or.us.
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VINELLA MARY JANE TIGARD,OR 97281
8260 SW HUNZIKER RD
TIGARD,OR 97223
25110AC-00200 2S110AD-0231
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KELL SU A TRUST& PO 230029
VINEL RY JANE ARD, 97281
826 HU KER RD
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2S 110AD-00510 2S 111 BB-02000
BACKHAUS BRENDA BERNARDS CHARLES J&AGNES MARI
10627 SW CANTERBURY LN PO BOX 65
TIGARD,OR 97224 3881 BLANCHET AVE NE
ST PAUL,OR 97137
2S 110AD-00500 2S 111 BC-03800
BA AU ENDA BERTULEIT MIRIAM R/DAN►EL TRS
1a627 NTERBURY LN 10390 SW VIEW TERRACE ST
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10430 SW VIEW TER TRUSTEES
TIGARD,OR 97224 1�470 SW VIEW TERRACE
TIGARD,OR 97224
2S 110AA-01100 2S 11 oAD-01800
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1043 VIEW TERRACE 14630 SW 106TH AVE
T ARD,OR 24 TIGARD,OR 97224
2S 110AA-01300 2S 110AD-03900
BAT STE N C&JODETTE S BURKS GILDA M
10430 TERRACE 14655 SW 106TH AVE
ARD,OR 97 4 TIGARD,OR 97224
2S 111 BC-03600 2S 110AA-01200
BATES STEPHEN CHRISTOPHER AND CAIN JAMES L
JODETTE SUGDEN 27775 NW WILLIAMS CANYON RD
10430 5W VIEW TERRACE GASTON,OR 97119
TIGARD,OR 97224
2S 111 B 8-01600 2S 11 oAA-01401
BAURER RAMONA R CAIN JAMES UDARLENE L
14165 SW 103RD 27775 NW WILLIAMS CANYON RD
PORTLAND,OR 97224 GASTON,OR 97119
2S110AD-04204 2S111 BB-02700
BEHRENDT ROBERT F AND SHARON A CALLAHAM C DAVID
1450 S KIHEI RD C205 10804 NE HWY 99
KIHEI, HI 96753 VANCOUVER,WA 98686
2S110AD-01200 � 2S710AD-02170
CALWAY HILL HOMEOWNERS ASSOC D YER J C
BY STAN ADKINS BUILDER INC 14678 106TH AVE
8459 SW BARBUR BLVD T RD,O 7224
PORTLAND,OR 97223
2S110AD-09400 2S 111 BC-03001
C AY HtLL H EOWNERS ASSOC DUNKLEE JOHN&MARGARET
BY STA NS BUILDER INC 10440 SW VIEW TERR
8459 BARB VD TIGARD,OR 97224
TLAND,OR 97223
2S 11 DAD-09600 2S 711 BB-02400
CAL Y HILL EOWNERS ASSOC DURFEE DAVID A&SHIRLY M
BY STAN S BUILDER INC 10460 SW AMANDA CT
8459 BARBU LVD TIGARD,OR 97224
TLAND,OR 97223
2S110AD-09500 2S110AD-01700
C AY HILL H EOWNERS ASSOC DYER KENT L&BRYNNE D
BY ST S BUILDER INC 14620 SW 106TH AVE
8459 BUR BLVD TIGARD,OR 97224
P TLAND, 97223
2S 110AA-01600 2S 110AD-04202
COX JERRY R ANN M EWING DOREEN L TR
14350 SW PACIFIC HWY 14625 SW 106TH
TIGARD,OR 97223 TIGARD,OR 97224
2S110AD-02010 2S111 BC-03700
CRIST DAVID L&BARBARA A FAIRLEY RONALD S&KAREN S
14672 SW 106TH AVE 10420 SW VIEW TERRACE
TIGARD,OR 97223 TIGARD,OR 97224
2S110AD-02000 2S110AD-00600
CR V &BARBARA A FEDERAL NATIONAL MORTGAGE ASSN
1467 1 AVE 13455 NOEL RD 5TE 600
ARD,OR 97223 DALLAS,TX 75240
2S110AA-02800 2S110AD-00670
DANNA BROTHERS PROPERTIES F RAL N NAL MORTGAGE ASSN
9800 SE STARK 5T 1345 D STE 600
PORTLAND,OR 97216 LAS,TX 752 0
2S 110AA-01700 2S 110AD-08600
DECE III INVESTMENTS LLC FISHER ELEANOR
1000 SW BROADWAY STE 1000 10505 SW CANTERBURY LN
PORTLAND,OR 97205 TIGARD,OR 97224
2S 110AD-02100 2S 110AD-03700
DREYER JOAN C FORD ROBERT D AND
14678 SW 106TH AVE GENEVIEVE V
TIGARD,OR 97224 14677 SW 106TH AVE
TIGARD,OR 97223
2S110AD-04100 � 2S710AD-04201
GALYEN SUSAN E IRWIN LORENE A
14641 SW 106TH AVE 74635 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-00310 2S111BC-03300
GAUTHIER JASON P JOHNSON DOUGLAS EDWARD AND
10631 SW CANTERBURY LN SUE ANN
TIGARD,OR 97224 10375 SW VIEW TERRACE
TIGARD,OR 97223
2S110AD-00300 2S111 BB-01700
UTHIER J ON P JOHNSON TAYLOR C&TRICIA M
106 CANTERBURY LN 14155 SW 103RD AVE
RD,OR 24 TIGARD,OR 97224
2S 111 BC-02700 2S 110AA-03100
GLEAVES GREGORY L&JONETTE KENDLER IlA V
10380 SW CANTERBURY LN 14040 SW 105TH#B
TIGARD,OR 97223 TIGARD,OR 97224
25111 BC-03400 2S110AB-0O200
GOSSELIN WILLIAM C AND KOLVE G C
BETTY JEAN 14389 SW PACIFIC HWY
10405 SW VIEW TERR. TIGARD,OR 97224
TIGARD,OR 97223
2S 111 B B-02200 2S 110AD-00410
H&M ENTERPRISES LLC LONG S CAROLYN
10804 NE HWY 99 10629 SW CANTERBURY LN
VANCOUVER,WA 98686 TIGARD,OR 97224
2S 110AD-01910 2S 110AD-W400
HAASE JOHN G L G S CA N
14666 SW 106TH AVE 10629 CANTERBURY LN
TIGARD,OR 97224 RD,OR 4
2S 110AD-01900 2S 110AA-03000
H JO LOWER CHARLES LEO AND
14666 H AVE LOWER FLORENCE LWENA TRUSTEES
TI RD,OR 972 17025 NE HERD RD
NEWBERG,OR 97132
2517 OAD-01500 2S 111 BG03200
HADLEY MICHAEL F LUKE-DORF INC
10540 SW CANTERBURY LN 10313 SW 69TH AVE
TIGARD,OR 97224 TIGARD,OR 97223
2St 11 BB-01800 2S110AD-03800
HEISE MONICA JO-ANN MCCABE NANCY
10390 SW AMANDA CT 14661 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
�2S110AD-00700 � 2S110AB-06000
MCELHANEY JONATHAN D OREGON DEPT OF TRANSPORTATION
10623 SW CANTERBURY LN c/o LEASE:GERALD KOLVE#57699
TIGARD,OR 97224 355 CAPITOL ST ROOM 411
SALEM,OR 97301
2S 110AD-00710 2S 110AA-01500
ANE NATHAN D OREGON FOUNDATION INC
10623 TERBURY LN 520 SW 6TH
T RD,OR 97224 PORTLAND,OR 972D4
2S110AD-01600 2S110AA-01400
MCMONAGLE PAMELA D OREGON FOUNDATION INC
10550 SW CANTERBURY LN 10575 CANTERBURY LANE
TIGARD,OR 97224 TIGARD,OR 97223
2S 111 BC-0400o 2S 71 oAD-08700
MILLER JUDITH A&PAUL E TRS PANORAMA WEST APARTMENTS LLC
10330 SW VIEW TER 777 CALIFORNIA AVE
TIGARD,OR 97224 PALO ALTO,CA 94304
2S 711 B B-02500 2 110AD-08801
MONTES GLORIA I 8 CARLOS A PA RA EST APARTMENTS LLC
10440 SW AMANDA CT 777 C ORNIA AVE
TIGARD,OR 97223 P ALTO, 94304
2S710AD-00910 2S110AA-00800
MURPHY KAYE L PIERCE FAMILY LIMITED PARTNERSHI
10619 SW CANTERBURY LN 14010 SW HIGH TOR DR
TIGARD,OR 97224 TIGARD,OR 97224
2S t 0AD-00900 2S 17 0AA-00900
MU Y L Pi E FA LIMITED PARTNERSHI
1061 TERBURY LN 14010 GH TOR DR
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2S 111 BC-03500 2S 11 oAD-01 ot o
MYERS DON ANDREW AND POWELL JACQUELINE S
YVONNE LYNN P O BOX 23322
10445 SW VIEW TERRACE TIGARD,OR 97281
TIGARD,OR 97224
2S 11 oAA-00500 2511 oAD-0t 000
OGDEN ORLAND O&MARY JOAN P LL QUELINE S
24030 AIRPORT RD NE P O B 2
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2S 1 t oAA-0020o 2S 111 BC-02800
OHANESIAN LEE&DONNA PRESBYTERY OF PORTLAND THE
Go SKL PROPERTIES LLC CALVIN PRESBYTERIAN CHURCH
P O BOX 230703 10445 SW CANTERBURY LN
TIGARD,OR 97281 TIGARD,OR 97224
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RAUDY BEVERLY STANSBURY YVONNE '
10360 SW VIEW TERRACE 10633 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97224
2S170AA-01000 2S110AD-00210
RIPLEY DAVID& ST SBU YVONNE
RIPLEY JOHN 1063 NTERBURY LN
14170 SW PACIFIC HWY ARD,OR 9 24
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25711 BB-02600 2S110AD-00100
ROCHE RICHARD L 8 KELLY J STRATTON CHARLA MARIE
10420 SW AMANDA CT 10635 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97224
2S710AD-01110 2St 10AD-0011
SHIBLEY KENT D&RUTH K ST CHARLA MARIE
10615 SW CANTERBURY LN 10 S NTERBURY LN
TIGARD,OR 97224 GARD,OR 9 24
2S 110AD-01100 2S 110AD-03600
IBLEY K D 8 RUTH K TAYLOR CHARLES C 11&AVA C
1061 NTERBURY LN 14685 SW 106TH AVE
RD,OR 9 TIGARD,OR 97224
2S 710AA-03200 2S 110AA-00600
SKEI DONALD W&HARRIET J TEXLAND PROPERTIES CORP
8963 SW LESLIE 2828 N HASKELL AVE
PORTLAND,OR 97223 DALLAS,TX 75204
2S 710AA-03201 2S 110AD-04000
SKEI HARRIET J& THOMPSON EVELYN M
ESPINOSA GREGORY S&JEANNE A 14647 SW 106TH AVE
8963 SW LESLIE ST TIGARD,OR 97223
PORTLAND,OR 97223
2S 111 B B-02101 2S 7 7 OAC-DOt 00
SKYNAT LTD PARTNERSHIP TIGARD EVANGELICAL CHURCH OF
4000 SW CORBETT AVE NORTH AMERICA THE
PORTLAND,OR 97239 13620 SW PACIFIC HWY
TIGARD,OR 97223
2S110AD-04203 2S110AA-00300
SMOOLE CHARLENE M TIGARD INVESTMENT GROUP LLC
14615 SW 106TH AVE BY EYRING REALTY INC
TIGARD,OR 97224 1901 OLYMPIC BLVD STE#220
WALNUT CREEK,CA 94596
2S 711 BB-02300 2S 111 BC-0zsoo
SPRAGUE DEREK G 8 KORINDA E TIGARD WATER DISTRICT
10480 SW AMANDA CT 8777 SW BURNHAM ST
TIGARD,OR 97224 TIGARD,OR 97223
2S111BC-03100 �
TIMMINS KELLY A&KATHLEEN M CANTERBURY CREST
14335 5W 103RD AVE
TIGARD,OR 97224 ATTN: CHRISTINE KOPIE. DIRECTOR
IO5�5 SW CANTERBURY LANE
TIGARD. OR 97224
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TOSCOCORPORATION MITCH CHARTER SCHOOL
POBOx52085 ATTN: DEBI LORENCE
PHOENIX,Az s5o72 PO Box 230575
TIGARD� OR 97281-0575
2S110AD-02210
UHLER ANN S&
COATES LAURA C
14684 SW 106TH AVE
TIGARD,OR 97224
2S710AD-02200
UHLER ANN &
COAT URA C
146 W 106 VE
T ARD,OR 97224
2S110AD-08805
VANLOM JOSEPH M AND CYNTHIA S
PO BOX 25744
PORTLAND,OR 97298
2S 110AA-00400
WASHINGTON COUNTY
FACILITIES MGMT
111 SE WASHINGTON ST
HII.LSBORO,OR 97123
2S111 BB-01500
WASHINGTON COUNTY 8
CLACKAMAS COUNTY
111 SE WASHINGTON 5T MS42
HILLSBORO,OR 97123
zS 7 7 oaA-02000
WEC97H-OREGON-2 INVESTMENT TRUST
BY HEILIG-MEYERS COMPANY
ATTN:PROPERTY MANAGEMENT
12560 W CREEK PKWY
RICHMOND,VA 23238
2S110AD-0O800
WHITMORE DOUGLAS E&GWENDOLYN
14803 SW 106TH AVE
TIGARD,OR 97224
25110AD-00810
WHITMORE DOUGLAS E&GWENDOLYN
14803 SW 106TH AVE
TIGARD,OR 97224
Jack Biethan
11023 SW Summerfield Drive#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114� Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - fENTRAL CIT SUB(OMMITiEE �i:lcurpin\setupllabelslClT Central.doc) UPDATED: November 27, 2002
AFFIDAVIT OF MAILING CITYOFTIGAR�
Community�DeveCopment
S�iapingA BetterCommunity
I, �Patricia G. Gunsf ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the �'ity of7'�garrl, �iNashington County, Oregon and that I served the following:
{Ched�A�opriaie Boa(s)Bebw)
� NOTICE OF FINAL ORDER FOR:�CUP2003-00004/VAR2003-00026 — MITCH CHARTER SCHOOL I 6/16/03
AMENDED NOTICE (File No.IName Reference) (Date of FuWic Hearing)
❑ City of Tigard Planning Director
� Tigard Hearings O�cer
❑ Tigard Planning Commission
❑ Tigard City Council
A copy of the said notice being hereto attached, marked Ellhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Ellhlbit"B",and by reference made a part
hereof, on lune 21.2003.and deposited in the United States Mail on lune 2T,2003, postage prepaid.
� �
� 'l � � � �' �-
�' ��'I � � � �
(Person t t Prepared N ice)
,57,A�E O�F D�EGON )
County of`Wasjtrrgton )ss. �'
City of 2igard ) ,
Subscribed and sworn/affirmed before me on the f� day of � , 2003.
,. OFFICIAL SEAL
�,,' '� d BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO.368�86
`MY COMMISSION�XPIRES APR.2�.��
My Commission E�rnires: �
.
I 20 DAYS = 9/I 3/2003 CITY OF T16ARD
DATE OF FILING: 6/26/2003 Community 2�evefopment
ShapingA Better Community
CITY OF TIGARD
`iNasFiington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT CUP 2003-00004
ADJUSTMENT VAR 2003-0 026
Case Name: MITCH CHARTER SCHOOL
Name of Owner: MITCH Cha�ter School Attn: Debi Lorence
Name of Applicant: Cornerstone Construction Mana ement Attn: Brian Radabau h
Address of Applicant: PO Box 230575 Ti ard Ore on 97281
Address of Property: 10575 SW Canterbu Lane Ti ard Ore on 97224
Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S110AA, Tax Lots 1400 & 1500.
A FINAL ORDER INfORPORATING TNE FACTS, FINDINGS AND LONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAI USE PERMIT AND AN ADJUSTMENT.
THE CITY OF TIGARD HEARINGS OFFIfER HAS REVIEWED THE APPLICANTS PIANS, NARRATIVE, MAiERIALS, COMMENTS OF REYIEWING AGEN(IES, THE PIANNING
DIVISION'S STAFf REPORT AND RECOMMENDATIONS fOR THE APPLIfATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. TNE HEARINGS OFFICER
HELD A PUBLIC HEARING ON UNE 16 2003 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS,
fINDINGS AND �ONCLUSIONS f NTAINED WITHIN THIS FINAL ORDER
Request: ➢ Conditional Use approval for a Charter Elementary and Junior High School within the existing
Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some interior tenant
improvements are proposed, along with a small outdoor play area and walkway to the street. An
Adjustment to the bicycle parking requirement has been requested to reduce the number of
required bicycle spaces. At the close of the record, the Hearings Officer conditionally
approved all applications subject to the conditions of approval within this final order.
Zone: R-12: Medium-Density Residential District. 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.
Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper and mailed to:
� Owners of Record Within the Required Distance � Affected Government Agencies
� The Affected Citizen Involvement Team Facilitator � The Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community
Development Department at the City of Tigard City Hall.
Final Decision:
THIS DECISION IS FINAL ON JUNE 27, 2003 AND BECOMES
EFFECTIVE ON JULY 15, 2003 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section
18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with
the required fee shall be filed with the Director within ten (10) business days of the date the notice of the
decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 14, 2003.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD,OREGON
Regarciing an application by MITCH Charter School for a ) F I N A L O R D E R
conditional use permit and adjustment for a charter elementary ) CUP 2003-00004
and junior high school in an existing building at 10575 SW ) VAR 2003-00026
Canterbury Lane in the R-12 zone in the City of Tigard ) (MITCH Charter School)
A. SUMMARY
l. Debi Lorence filed the application for MITCH Charter school (the "applicant").
She requests approval of a conditional use permit to operate a charter school. Initially the
school will have one classroom each for kindergarten through 4th grade and will
accommodate up to 90 students. At capacity the school will have one classroom each for
kindergarten through 8th grade and will accommodate up to 180 students. The school will
be conducted in an existing assisted living facility at 10575 SW Canterbury Lane, on the
north side of Canterbury Lane roughly 200 feet east of the intersection with Highway 99
(tax lot 1400 and 1500, WCTM 2S 110AA (the "site")). The site contains about 11.9 acres
and is zoned R-12. The Staff Report to the Hearings Officer dated June 6, 2003 (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 to accommodate the proposed charter school. Initially the applicant will
remodel the first floor of one wing of the building to convert six existing residence rooms
into five classrooms and will construct a playground on the site. As the school grows,the
applicant will convert the second floor into classrooms. The applicant requests approval of
an adjustment to the minimum bicycle parking space standard to reduce the number of
spaces required from 54 to 10, because, unlike schools that draw most of their students
from the vicinity,most of the students for the proposed charter school do not live within
easy bicycle access, and parents must accompany children to school.
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. Two neighbors testified orally
with questions and concerns. Other than service providers,no one testified in writing. The
hearings officer closed the public record at the end of the hearing. The principal disputed
issues in this case include the following:
a. How many students may ride bicycles to school;
b. Whether students are likely to trespass over adjacent properties; and
c. Where to situate and how to buffer a playground for the school.
3. The hearings officer concludes that the applicant sustained the burden of proof
for a conditional use pernut and adjustment to the bicycle parking space standard, based on
the findings and conclusions provided 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 June 16, 2003. All exhibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
CUP 2003-00004NAR 2003-00026 Nearings O�cer Final Order
(MITCH Charcer School) Page 1
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. He noted that the
applicant initially proposes to offer classes for kindergarten through 4th grade. The
applicant intends to add Sth through 8th grades in the future as additional space is available
in the building. The applicant proposed to construct a small play structure on the southwest
part of the site, near the front of the building. The applicant also will construct a pedestrian
walkway between the building and Canterbury Lane. The applicant did not propose any
changes to the exterior of the existing building.
3. Ms. Lorence accepted the Staff Report and recommended conditions without
exception.
a. She testified the applicant may relocate the play area to the currently
undeveloped area north of the parking lot north of the building on the site to reduce the
chance that noise from children playing there will disturb neighbors. She requested the
hearings officer modify the conditions of approval to allow the applicant some flexibility in
the location of the playground. The design of the playground depends on the amount of
funding available. The majority of outdoor activities on the site will occur on the north end
of the site,away from neighbors' homes.
b. She noted that the applicant will lease the site from the property owner.
In response to questions, she noted the lease is between MITCH Charter School and the
owner. It does not allow the Tigard School District to operate a public school from the site,
and the applicant does not intend to operate the school other than as proposed. The
hearings officer noted that making the school public would require another CUP, too.
c. She testified that parents are required to accompany their students into the
school and sign them in. Students are not allowed to arrive unaccompanied. She agreed to
a condition of approval requiring that the applicant continue this practice.
d. She waived the applicant's right to have the record held open to offer a �
closing written argument.
4. Eleanor Fisher questioned whether the Tigard School District can "take over"
the school and operate a public school on the site.
5. John Dunklee questioned whether the applicant will continue to require that
parents accompany their children into the school and"sign in." He argued that additional
fencing may be required if the applicant drops this requirement in the future. He argued
that unaccompanied children may trespass over adjacent properties to access the school.
6. At the end of the hearing, the hearings of�cer closed the public record and
announced his intention to approve the application subject to recommended conditions.
C. DISCUSSIOI�i
1. 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
CUP 2003-00004NAR 2003-00026 Nearings O�cer Final Order
(Mf"I'CH Charter School) page 2
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 TDC. The hearings officer adopts the findings in the Staff Report as
his own,except to the extent inconsistent with the findings and conclusions in this final
order.
2. The hearings officer finds that the proposed school is not reasonably likely to
generate a significant amount of bicycle traffic. The applicant requires that parents
accompany their children to and from school. Parents must enter the building and sign their
chilciren in and out. The hearings officer finds that few parents are likely to accompany
their children to school on bicycles. Moreover school children attending the charter school
are drawn from a larger distance around the school than commonly occurs with traditional,
public schools. Fewer children from the vicinity of the school will attend the school,
reducing the number of children who attend the school and live within a comfortable
bicycling distance given their age range. Therefore the proposed adjustment to the bicycle
parking requirements of TDC 18.765.OSO.E is warranted and should be approved, provided
the applicant continues to require that parents accompany their children to and from the
school. A condition of approval is warranted to that effect.
a. The hearings officer should delegate authority to the planning manager to
vary or waive that practice if the applicant provides the requisite number of bicycle parking
spaces on the site or undertakes other measures or provides additional substantial evidence
that shows such a practice is not needed to ensure compliance with TDC 18.765.OSO.E.
Also see the discussion in finding 3.a below.
3. The hearings officer finds that there is no basis for concluding that students
attending school on the site will pose a hazard to neighbors or will be reasonably likely to
trespass. Students will be accompanied to and from school by a parent or other responsible
person„ and students will be supervised on the site by school staff during the day. If
parents do not accompany children, it is possible one or more children would take a shoR-
cut to the school through private property (e.g.,from the end of View Terrace west to the
school).i Therefore the applicant should be required to continue the practice of having a
parent or other responsible person accompany children to and from the school to avoid the
potential for trespass, given that the practice is being required to comply with TDC
18.765.OSO.E anyway.
a. However that trespass is possible does not make it inevitable or even
likely. If the planning manager finds the check-in/out practice is not warranted to comply
with TDC 18.765.OSO.E, and there is no history of trespass problems associated with the
school, the hearings officer finds that the planning manager may reduce or waive the
requirement. As a condition of such a change, the manager could require the school to
determine on a periodic basis whether any students are situated where a short-cut could be
tempting, based on their domicile address and the most direct route to the school, and to
work with the children in question and their parents to promote responsibility and respect
for the rights of the owners of property that would be affected by use of the short-cut. The
manager also could require monitoring of the situation and/or could retain jurisdiction to
address issues that arise over time.
1 The hearings officer has personal experience with this,having once cut-through a neighbor's yard to reach
my elementary school and having been tumed in for it by my cousin and reprimanded by the principal and
my parents. The charter school staff should respond similarly to information about one of its students.
CUP 2003-00004NAR 2003-00026 Hearings O�cer Final Order
(M/TCN Charter School) page�
4. The applicant originally proposed to locate the play area near the west end of the
building, south of the access road. As noted in the Staff Report, noise from the play area in
this location may have an adverse impact on residents of the apartments south of the site.
Therefore if the applicant provides a play area south of the access road,it should be situated
as far north as possible without crossing the access road and not less than 30 feet from the
south boundary of the site.
a. At the hearing the applicant proposed to relocate the play area north of the
proposed building. The hearings officer finds that situating the play area north of the
building will reduce potential noise impacts on abutting residents. A play area north of the
building will be screened from surrounding residents by distance,the existing building and
significant vegetation on the site,reducing the need for additional screening and buffering.
Therefore the hearings officer should delegate authority to the planning manager to reduce
or waive the screening and buffering requirements if the applicant sites the play area north
of the building. Condition of approval 1 should be modified to that effect.
5. Schools are pernutted as a conditional use in the R-12 zone. Although the
Tigard School District (the"District") has not proposed to do so, it could, in theory,
operate a public school from this site. However the District cannot simply "take over"this
approval and convert the proposed charter school to a standard public school without
authorization by the owner or acquisition by the District and approval of additional City
permits following a public hearing. The District would have to show that a public school
would comply with the applicable approval criteria. A public school may have substantially
greater impacts than the proposed charter school and therefore may require additional
mitigation in order to be approved. In any event, such a public school use of the site is not
proposed and is not approved or authorized by this decision.
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 2003-00004NAR 2003-00026 (MITCH Charter School),
subject to the conditions of approval in the Staff Report dated June 6, 2003 with the
following modifications:
1. Condition 1 is hereby amended to read as follows:
1. 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.
CUP 2003-00004NAR 2003-00026 Nearings O�cer Final Order
(MITCN Charter Schoof) page 4
a. If the playground is located west of the building it shall be
situated south of the access road but as far from the
apartments to the south as practical. The playground shall be
setback a minimum 30 feet from the south boundary of the
site.
b. The planning manager may reduce or waive the requirements
of this condition if the applicant sites the playground north of
the building. The amount,nature and location of screening
and landscaping for the playground shall depend on the
location of the playground and the potential for impacts to
neighbors based on that location.
2. Condition 6 is hereby added to read as follows:
6. The applicant shall require all children to be accompanied to and
from school by a parent, guardian or equivalent and to check into and
out of the school daily with that accompanying person. School staff
shall respond in a timely and responsible manner if students are not
accompanied by such a person.
a. The planning manager may modify or waive this requirement
if the applicant provides the requisite number of bicycle
parking spaces on the site or undertakes other measures or
provides additional substantial evidence that shows such a
practice is not needed to ensure compliance with TDC
18.765.OSO.E.
b. As a condition of approving such a change, and in addition to
other conditions of approval that may be warranted,the
manager may require the school to deternune on a periodic
basis whether any students are situated where a short-cut
could be tempting,based on their domicile address and the
most direct route to the school, and to work with the children
in question and their parents to promote responsibility and
respect for the rights of the owners of property that would be
affected by use of the short-cut. The manager also may
require monitoring of the situation and/or may retain
jurisdiction to address issues that arise over time.
c. Although the planning manager can administer such a change
pursuant to a Type I process,the manager may subject a
request for such a change to a Type II process to promote
public awareness and involvement.
DATED this 26th day of June, 2003.
e
Larry Epste' s . AICP
City of Tig L d Use Hearings Officer
CUP 2003-00004NAR 2003-00026 Hearings O�cer Flnal Order
(MITCH Charter School) Page 5
Agenda Item: 2.1
Hearin Date: 6.16.2003 Time: 7:00 PM
STAFF REPORT TO THE
�:� � :. HEARING'S OFFICER
CITY OF TIGARD
FOR THE CITY OF TIGARD, OREGON S�eapingABet� Comm ntry
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCH CHARTER SCHOOL
CASE NOS: Conditional Use Permit (CUP) CUP2003-00004
Adjustment (VAR) VAR2003-00026
APPLICANT: MITCH Charter School OWNER: Canterbury Crest
Attn: Debi Lorence Attn: Christine Kopkie, Director
PO Box 230575 10575 SW Canterbury Lane
Tigard, OR 97281 Tigard, OR 97224
PROPOSAL: The applicant is seeking Conditional Use approval for a Charter
Elementary and Junior High School within the existing Canterbury Crest
Assisted Living Center. Initially, the two uses will coexist, with the school
ultimately utilizing the entire building at some point in the future. Some
interior tenant improvements are proposed, along with a small outdoor
play area and walkway to the street. An Adjustment to the bicycle
parking requirement has been requested to reduce the number of
required bicycle spaces.
LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500.
COMP. PLAN AND
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 minimum 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, 18.370, 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 Approva{
Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the
followin recommended Conditions of A roval:
MITCH CHARTER SCHOOL PAGE 1 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
CONDITIONS OF APPROVAL
E���ATT�F
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning ivision organ racy, , ext. or review an
approval:
1. 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 hed�e. 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. Furthermore, the playground shall be situated as far from
the apartments to the south as practical, a minimum setback of 30 feet is required.
2. The applicant shall provide a 10 stall bicycle parking structure that is not within parking
aisles, required landscaping or pedestrian ways. A revised plan will be required
showing the location and specific design of the required bike rack.
3. The applicant shall submit a plan for City.review and approval that shows the location
and const�uct a walkway connection, minimum 4 feet in width and that meets the
design criteria of Section 18.705.030 (F).
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.
5. The applicant shall either provide a stormwater quality and detention facility (to be
designed by a registered engineer in accordance with CWS standards) or altemately
may pay the fee in lieu of these facilities.
THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT.
SECTION I11. BACKGROUND INFORMATION
Site Histo :
ta con ucted a search of City records for the sub1'ect parcel. Apart from a lot line
adjustment approved in September of 2001 �MIS 2001-00024) no other land use approvals
were found for the subject property. This lo line adjustment was never recorded, and the
approval has subsequently lapsed. The property was developed prior to its incorporation into
the City of Tigard. While fhe current group living use is permissible in the zoning district as a
conditional use, no conditional use approval has been granted through the City.
Vicinity Information:
The site is located east of SW Canterbury Lane, south of Pacific Highway. The property is
zoned R-12 with R-3.5 zoning to the east, R-12 zoning to the north and south, and C-G
zoning to the west.
Site Information and Pro osal Descri tion:
The applicant is seeking approval or a harter Elementary and Junior High School, within
the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with
the school ultimately utilizing the entire building at some point in the future. Some interior
tenant improvements are proposed, along with a small outdoor play area and walkway to the
street. An adjustment to the bicycle parking requirement has been requested to reduce the
number of required bicycle spaces.
Concerns Raised b Nei hbors:
ta receive no comments rom nearby neighbors.
SECTION 1V. REPORT MAKING PROCEDURES, PERMITS AND USE
MITCH CHARTER SCHOOL PAGE 2 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARtNGS OFFICER
Use Classification: Section 18.130.020. Lists the Use Categories.
The applicant is proposing to use an existin assisted living group home building for use as a
charter school. This use is classified as a �chool, which is listed as a Conditional Use in the
R-12 zone.
Summary of Land Use Permits and Report Making 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 parkin 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 condit�ons 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 A roval Criteria for a Conditional Use: Section 18.330.030:
T e site size an imensions provi e adequate area or the needs of the proposed
use;
The size of the site is 11.9 acres and is consistent with the standards for the R-12 zoning
district. The site is developed with a group living residential use (Canterbury Crest Assisted
Living Center). The appIicanYs request is to run a charter school from the 1St floor of the
existing group care facility building. The site provides adequate area for the proposed use.
The im pacts of the proposed use of the site can be accommodated considering size,
shape, location, topography and natural features;
MITCH CHARTER SCHOOL PAGE 3 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
The 11.9 acre site is developed with a group care home, outdoor gazebo, and a Parking lot.
The site slopes away from the building down towards Pacific Highway and the area
surrounding the building is predominantly flat. The site is very large, and is roughly square in
shape and is adequate for the proposed school use. Its location off of SW Pacific Highway
along a neighborhood route facilitates site access. There are many trees on the prope�ty
which create a park like setting. No exterior 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 are already in place
and serve the present group care home.
Streets:
This site lies adjacent to SW Canterbury Lane which is classified in the City's Transportation
System Plan as a neighborhood route. At present, there is 25 feet of right-of-way on
Canterbury Lane. The street is fully improved with curbs �utters, sidewalks and standard
pavement section. Additional right-of-way will not be required for this proposal.
Water:
f�iis site lies within the service area of the Tigard Water Department. There is an existing
public water line in SW Canterbury that serves fire sprinklers and general water supply.
Sanitary Sewer:
There is an existin� 8" public sanitary sewer line within the Canterbury right-of-way adjacent
to this site. The existing building �s presently served from this main line.
Storm Drainage:
The topog raphy of this site slopes to the west toward Pacific Highway. A storm drain system
is presen{Iy in place in SW Canterbury Lane. There is presently no detention facility,
however, this is a preexisting condition. Since a very minor addition of impervious area will
be created for the proposed walkway, no requirement for detention will be necessary.
The applicable requirements of the zoning district are met except as modified by this
chapter.
The following table provides the dimensional standards in the R-12 zone, the additional
dimensional requirements and approval standards for Schools are specified in the
Conditional Use 5tandards Section 18.330.050.B.19.
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-12 Conditional Existing
Use
Minimum Lot Size
-Detached unit 3,050 s.f. 3,050 s.f. 518,718 s.f.
- Duplexes
-Attached unit
Avera e Minimum Lot Width None N/A
Maximum Lot Covera e 80% 12.6°/a
Minimum Setbacks
- Front yard 15 ft. 30 ft. 325 ft.
-Side facing street on corner 8 through lots 10 ft. 20 ft. N/A
-Side yard 5 ft. 20 ft. 109/400 ft.
- Rear yard 15 ft. 30 ft. 116 ft.
-Side or rear yard abutting more restrictive zoning district 30 ft. 116 ft.
- Distance between property line and front of garage 20 ft. N/A
Maximum Height 35 ft. 30 ft.
Minimum Landsca e Re uirement 20% 87.4%
[1J Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
MITCH CHARTER SCHOOL PAGE 4 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
The proposed use will occupy a pre-existing Assisted Living Group Care home facility. 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 followin� 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.
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 Approval for Conditional Use.
Section 18.330.030.B states that the Hearings Authority may impose conditions on the
approval of a conditional use, which are found necessa to ensure the use is
compatible with other uses in the vicinity, and that the impac�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 consis�ent 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 and playing
outside. The applicant has proposed a play area on the southwest part of the site, to the side
of the entry drive and in front of the assisted living center. This play area would be
constructed as funds become available. There are apartments on the abutting southern
property within 25 feet of the property line. To minimize the potential for noise impacts, the
playground should be placed as far north away from these apartments as practical.
Fiowever, since the school use will be during normal business hours, and is subject to the
noise standards set forth in the municipal code, no additional measures should be necessary.
The property has a large amount of screening.vegetation to protect homes to the south 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;
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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. The plans provided show a 109-foot side
yard setback on the south property line and a 400-foot setback on the north side of the site.
There is approximately 116 feet between the existing building and east property line, and 325
feet to the front yard. These setbacks far exceed the specific standards for school uses and
appear more than sufficient. Additional setbacks may be considered for the proposed new
play area, however, there is am le room befinreen the access road and property line to
accommodate a play area at Ieas�30 feet from the property line, a total of 55 feet from the
apartments. No additional setback beyond 30 feet is necessary. Additional screening around
the Pla 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 assisted living facility and parking area. 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 point is existing and meets code standards with the exception of a pedestrian
walkway, which is discussed later in this report. The access drive has been functioning well
and is a�propnately placed. There appears to be sufficient site distance as well. No
additiona conditions related to vehicle access points are warranted.
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 Depa�tment, no
additional improvements are necessary.
Requiring landscaping, screening, drainage and/or surfacing of parking and loading
areas;
The site is already landscaped well in excess of the minimum code standards. No additional
landscaping is required with this project. The applicant has indicated that they may provide a
small playground area on the southern 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 m the playground.
Limiting the number, size, location, height and/or lighting of signs;
The subject site is allowed the following:
. 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 entrance
attached to the existing sign. No additional limitation on the number, size, location, height, or
illumination of signs is needed.
Limiting or setting standards for the location andlor 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.
Re4uiring berms, screening or landscaping and the establishment of standards for
their installation and maintenance;
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Buffering and screening is discussed further in this report. However due to the existin� level
of vege{ation, 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 of the proposed playground area 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 proposal. Therefore, no protection and/or
preservation measures 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
No 100-year floodplain is associated with this application.
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.
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 unglegy m), in which
case the screening shall be a minimum of 6 feet tal�. FurtF�ermore, the
play g.round shall be situated as far from the apartments to the south as
practical, a minimum setback of 30 feet is required.
B. ZONING DISTRICTS
Residential Zonin Districts Cha ter 18.510
ists the description o the resi ential Zoning District.
The site is located in the R-12: Medium-Density residential zoning district.
The R-12 zoning district dimensional requirements have previously been addressed in the
conditional use discussion, above.
C. APPLICABLE DEVELOPMENT CODE STANDARDS
Variances and Adjustments Chapter 18.370:
The applicant has requested an adjustment to the bicycle �arking 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
ant�cipated to generate a lesser need for bicycle parking.
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The required number of bicycle parking is 6 spaces per.classroom for elementary and junior
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. a es 5-12). It
is not necessanly on the basis that each classroom will generate a demand for �spaces, but
that in sum, the total student body will utilize an average of 6 spaces per classroom. Initially,
the school will be tailored to Kindergarten through 4�' grade. It is not forseeable that
kindergartners, or even first, second, third or fourth graders will be the predominant users of
the bike racks. Since the charter school is tailored to 5-9 year olds, it is reasonable to
anticipate a lesser share of bicycle riders. In the future, the school plans to add a new grade
level until ultimately reaching 8`h Grade. At that time, there may be a slight increased need
for bicycle racks, however, as described further, the nature of this charter school is that fewer
children will ride their bikes to this location.
The nature of the school is that it accepts students from throughout the regional area, not
within a geographically specific district. Therefore, it is more likely that sfudents will live
further away than what may be a reasonable biking distance for a child. Additionally, the
school is located on a neighborhood route up a steep hill from an arterial street, with high
volumes of traffic, and no alternate local route to reach the school site.
This combination of factors leads to the conclusion that it is reasonable to reduce the
required bicycle parking. The applicant has not specified the total number of classrooms for
the ultimate buildout of the school, as negotiations for the remainder of the assisted living
building have not been completed. However, based on the fact that each grade presently
has one classroom, it is reasonable to assume that a total of 9 classrooms would be created.
This requires 54 bicycle spaces. However, the applicant has requested a reduction to �
spaces. Staff believes that with 5 teachers (to increase to 9), 2 administrators, and 90 K-4
grade students (which will also increase as grades are added), a minimum of 10 bicycle
spaces should be provided. This should be adequate to accommodate the relative small
proportion of bicycle riders.
FINDING: It is reasonable to reduce the required bicycle parking, however, adequate
provisions for bicycle parking is still required.
CONDITION:The applicant shall provide a 10-stall bicycle parking structure that is not within
parking aisles, required landscaping or pedestnan ways. A revised plan will be
required showing the location and specific design of the required bike rack.
Access, Eqress and Circulation Chapter 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 rovided to commercial or industrial
uses, and shall be located to within 50 feet of �he 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 existing access
already meets this standard.
Walkways:
On-site pedestrian walkways shall comply with the following standards: Walkways
shall extend from the ground floor entrances or from the �round floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connect�ons between buildings in multi-building commercial, institutional, and
industrial complexes. Unless impractical, walkways shall be constructed between new
and existing developments and neighboring developments;
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There is no on-site pedestrian walkways that connect the building to SW Canterbury Lane.
There are no practical connection opportunities to neighboring developments, however, the
connection to the street is feasible.
Wherever required walkways cross vehicle access driveways or parking lots, such
crossings shall be designed and located for pedestrian safety. Re9uired walkways
shall be physically separated from motor vehicle traffic and parking by either a
minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal
separation, except that pedestrian crossings of traffic aisles are permitted for
distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in
width, excfusive of vehicle overhangs and obstructions such as mailboxes, benches,
bicycle racks, and sign posts, and shall be in compliance with ADA standards;
There is no walkway currently. The applicant will be required to prepare a plan that shows a
proposed walkway that will meet the above design criteria.
Reyuired walkwaXs shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surFaced public use pathways may be provided only
if such pathways are provided in addition to required pathways.
There is no walkway currently. The applicant will be required to prepare a plan that shows
the proposed walkway and that will meet the above design criteria.
FINDING: The applicant's plan does not show the location of the proposed walkway.
CONDITION:The applicant shall submit a plan for City review and approval that shows the
location and construct a walkway connection, minimum 4 feet in width that
meets the design criteria of Section 18.705.030 (F).
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 m 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.
Landsca in and Screenin — Cha ter 18.745:
treet trees: ection 8.7 5. states t at all development pro ects fronting on a
public street shall be required to plant street trees in accor�ance with Section
18.745.040.0 Section 18.745.040.0 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).
Street and driveway trees are preexisting and satisfy the intent of this standard.
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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 or multiple-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. The parking area is largely hidden from view by
topography, distance, and vegetation. This standard is met.
Screening - Special Provisions:
Section 18.745.050.E requires the screeniny of parking and loading areas.
Landscaped parking areas shall include special design features which effectively
screen the parking lot areas from view. Planting ma{erials 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 parking and does not propose any
modifications. The parking stalls conform to the dimensional requirements; however, there is
a lack of �arking lot trees. However, since the parkin� 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 Parkinq and Loading (18.765�
Disabled-Accessi e Parking:
All parking areas shall be provided with the required number of parking spaces for
disabled ersons as specified b 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 assisted living facility and
proposes to utilize the existing parking. The existing parkin� lot has 40 parking spaces, 2 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 t-o off-street�arking or loading areas shall be designed and constructed to
facilitate the flow o traffic and provicTe 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 7efned 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,
Visua! Clearance; access drives shall be improved with an asphalt or concrete surface;
and excluding single-family and duplex residences, exce pt as provided by Subsection
18.810.030.P, groups of two or more arking spaces shall be served by a service drive
so that no backing movements or o�her maneuvering within a streef 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.
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Parking Lot Stri�ing:
Except for singfe-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 clearlx 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 Iot is presently striped, and aisles marked as required.
Wheel Stops:
Parking spaces alon� 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 bu�ldings 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 w�thin a multi-story residential building.
The applicanYs site plan does not indicate the specific location for the proposed bike rack. In
addition, staff has recommended that 10 bicycle spaces, versus the requested 6, 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 followin design requirements a pply to the installation of
bicycle racks: The racks required�or 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 �o the ground, wafl or other structu�e;
bicycle parking spaces shall be at least 2'/z 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
requ�red bicycle parking space must be accessible without moving another bicycle;
required bicycle parking spaces may not be rented or leased except where requ�red
motor vehicfe 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
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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 Reyuirements:
The total number of required bicycle parking spaces for each use is s pecified 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 10 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 parkin� for a (charter) elementary and
junior high school is 2.0 spaces per classroom. The applicant states that there will be one
classroom per grade. On this �asis, ultimately, 18 parking spaces are required. With the
current proposal (K through 4 grade) only 10 spaces are needed. The applicant has
proposed jointly utilizing the assisted living center parking. The assisted living center has 12
single occupancy rooms and therefore requ�res 12 parking spaces based on fhe requirement
of one parking space per each single occupancy room: A total of 22 spaces are currently
required, and when the school expands, t��ie assisted living use will cease so only 18 spaces
would be required at that time for the K-8 grade school. Since the site provides 40 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 — Chapter 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
requirements or which changes the access requirements.
Section 18.795.030.B. 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, measure 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 alt 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 Utility Improvements Standards - Chapter 18.810:
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets, sewers, and drainage.
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Engineering Staff has evaluated the pro1'ect and determined the proposed use will not create
a significant impact on public facilities. Traffic impact is minimal and the structure being used
is already served with public utilities. Therefore, no street and/or utility conditions are
necessary. The applicant has been conditioned to provide a walkway connection between
the building and the public street. This increase in impervious area generally. requires
stormwater treatment. Due to the small area increase, and the large amount of pervious area
on the site, and the fact that the walkway will generally not contribute significant pollutants to
the storm water, a fee in lieu may be assessed for this project.
D. Im act Stud :
Section 18.390.04 .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 stud� shall propose im�rovements necessary to
meet City standards, and to minimize the impact of the deve opment 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
propertx 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.
The applicant has submitted an impact study. No street improvements or dedication of right-
of-way are proposed or required with this application. Public utilities are pre-existing. .The
relative difference in trip generation between the previous use and proposed use is minimal.
As no off site exactions are being required, no proportionality assessment is necessary.
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 Police Department has reviewed the proposal and has no objections to
it.
The City of Tigard Building Division has reviewed the proposal and notes that accessible
parking with an accessible route to the building entrance will be required as well as building
permits for the chan ge of use and interior tenant improvements.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following
comments:
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND
: Access roads shal e wit in 15 eet o al portions o t e exterior
wall of the first story of the building as measured by an approved route around the
exterior of the building. An approved turnaround is required if the remaining distance
to an approved intersecting roadway, as measured along the fire apparatus access
road, is greater than 150 feet. (UFC Sec. 902.2.1)
2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in
engt s al e provided with an approved turnaround. Diagrams of approved
turnarounds are available from the fire district. (UFC Sec. 902.2.2.4)
3) ACCESS ROADS ADJACENT TO BUILDINGS: Access roadways shall not be closer
than 20 eet to a structure unless topograp ica restrictions dictate the location. (UFC
Sec. 902.2.1)
4) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
PR T en bui din�s are comp ete y protected with an approved automatic
ire sprinkler system, the reguirements for fire apparatus access may be modified as
approved by the Chief. (UFC Sec. 902.2.1 Exception 1)
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5) TURNING RADIUS: The inside turnin radius and outside turning radius shall be not
less than 25 eet and 45 feet respec�ively, measured from the same center point.
(UFC Sec. 902.2.2.3)
6) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to
accommo ate par e vehicles and 20 feet of unobstructed driving surface, "No
Parking" signs shall be installed on one or both sides of the roadway and in
turnarounds as needed. LUFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE
LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear
space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high
and shall have black or red letters and border on a white background. (UFC Sec.
901.4.5.1) — (See diagram on back)
7) PAINTED CURBS: Where required, fire app aratus access roadway curbs shall be
painte ye ow an marked "NO PARKING FIRE LANE" at each 25 feet. Lettering
shall have a stroke of not less than one inch wide by six inches high. Lettering shatl
be white on red or black on yellow background. (UFC Sec. 901.4.5.2)
8) GRADE: Private fire apparatus access roadway grades shall not exceed an average
rade og 10 percent with a maximum grade of 15 percent for lengths of no more than
200 feet. Intersections and turnarounds shall be level (maximum 5%) with the
exception of crowning for water run-off. Public streets shall have a maximum grade of
15%. (UFC Sec. 902.2.2.6)
9) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the
uilding shall not exceed 3,000 �allons per minute P ) or the available GPM in the
water delivery system at 20 psi, whichever is less. A worksheet for calculating the
required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3)
10) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a
commercia ui ing s a e ocate more t an 250 feet from a fire hydrant when
measured in an approved manner around the outside of the building and along an
approved fire apparatus access roadway. Any hydrants that are left over from the
minimum number of hydrant calculations may be full filled by hydrants that are up to
500 feet from any point of the building. The fire Prevention Ordinance has further
requirements thaf need to be used for acceptance and placement of fire hydrants.
(UFC Sec. 903.4.2.1)
11) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: The
minimum num er o ire y rants or a ui ing s a e ase on t e require ire flow
prior to giving credit for fire p�otection systems divided by 1500. If the answer is equal
to or greater than x.5 the next whole number of hydrants shall be used. There shall
not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1)
Considerations for placing fire hydrants shall be as follows:
. Existin hydrants in the area may be used to meet the required number of
hydran�s; however, hydrants that are over 500 feet away from the nearest point
of the subject building shall not contribute to the required number of hydrants.
. Hydrants that are separated from the subject building by railroad tracks shall
not contribute to the required number of hydrants.
. Hydrants that are separated from the subject building by divided highway,
freeway, or heavil traveled collector streets shall not contribute to the required
number of hydran�s.
. Hydrants that are accessible onl by a bridge shall be acceptable to contribute
to the required number of hydran�s only if approved by the Chief.
. Private hydrants or public hydrants that are on adjacent pri�ate property shall
not contribute to the required number of hydrants for the subject building.
MITCH CHARTER SCHOOL PAGE 14 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
Exce�tion: The use of hydrants located on other private property may be
considered if their locations and access are encumbered in a legal document
(such as deed restriction) by the owners of the involved parcels of property.
The encumbrance may be lifted only after approvals by the Chief on behalf of
the fire department and any other governmental agencies that may require
approval.
. When evaluating the placement of hydrants at apartment or industrial
complexes the first hydrant(s} to be placed shall be at the pnmary access and
any secondary access to the site. After these hydrants have been placed other
hydrants shall be sited to meet the above requirements for spacing and
minimum number of hydrants. (UFC Sec. 903.4.2.1.1)
12) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be
locate not more t an 15 eet rom an approve ire apparatus access roadway. (UFC
Sec. 903.4.2.4)
13) REFLECTIVE HYDRANT MARKERS: Fire hydrant_locations shall be identified by the
insta ation o re ective markers. e markers shall be blue. They shall be located
ad)'acent and to the side of the centerline of the access road way that the fire hydrant
is located on. In case that there is no center line, then assume a centerline, and place
the reflectors accordingly. (UFC Sec. 901.4.3)
14) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located
wit in 7 eet o a ire ,epartment connection ire hydrants and FDC's shall be
located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5)
FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty
Code, Sec. 904.1.1)
15) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections
s a not e ocate on t e ui ing t at is eing protected with the exception of Group
R, Division 1 Occupancies not over 4 stones in height. (UFC Sec. 903.4.2.5)
16) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION:
Approve ire apparatus access roadways and ire i� ting water.supplies shal e
installed and operational prior to any other construction on the site or subdivision.
(UFC Sec. 8704)
17) KNOX BOX: A Knox Box for building access is required for this building. Please
contact t e Fire Marshal's Office for an order form and instructions regarding
installation and placement. (UFC Sec. 902.4)
� . June 6 2003
AR . organ cy
Associate Planner
��—___�
�
� --���/� June 6 2003
A RO E B : Ric ard H. Be e sdo DAT
Planning Manager
i:�curpinlmorganlworkspace\cuplcup2003-00004 mitch school iilcup2003-00004 draft decision.doc
MITCH CHARTER SCHOOL PAGE 15 OF 15
CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER
. � � � . . .
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S�TE Pu►N MITCH CHARTER SCHOOL
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Canterbury Crest CUP2003-00004NAR2003-00026
Attn: Christine Kopkie, Director MITCH CHARTER SCHOOL
10575 SW Canterbury Lane (Final Order by the Hearings Officer)
Tigard, OR 97224
MITCH Charter School
Attn: Debi Lorence
PO Box 230575
Tigard, OR 97281-0575
Oregon Foundation, Inc.
520 SW 6rn
Portland, OR 97204
Eleanor Fisher
10505 SW Canterbury Lane
Tigard, OR 97224
John Dunklee
10440 SW View Terrace
Tigard, OR 97224
Irwin Boehr
10470 SW View Terrace
Tigard, OR 97224
� " PRE,APP.HELD BY:
CITY 4F TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.fi39.41711503.684.7297
CITY OF TIOARD
OREGON LAND USE PERMIT APPLICATION
File# �p a d o 3_o 0 oa Other Case# p�E aoo 3-o 00��
Date 3 1 03 B C�� Recei t# oZn� 3 ' �o1p 3 Date A lication Com lete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmenWariance(I or II) ❑ Minor Land Partition (II) ❑ Subdivision (II or III)
❑Comprehensive Plan Amendment(IV) ❑ Minor Modification (I) ❑Zone Change (111)
[�Conditional Use(III) ❑ Planned Development (III) ❑Zone Change Annexation (IV)
❑ Historic Overlay(II or III) ❑ Sensitive Lands Review(I, II or III) ❑Zone Ordinance Amendment(IV)
❑ Home Occupation (I or II) ❑ Site Development Review(II)
❑ Miscellaneous (I)-(Lot Line Adjustment/Temporary Use/Tree Removal/Director's Interpretation, etc.)
ress i avai a e
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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 owners must sign this application in the
s ace rovided on the back of this form or submit a written authorization with this a lication.
ease e spea ic
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
,
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All 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, map 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(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
;
Applicant/Agent/Representative's Signature Date
Applicant/Agent/Representative's Signature Date
. . - -
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�;• IH�APPL(�_HALL CE TIFY THA1':
• If the appNc�tlon Is granted, the appliCant sheli exercise the rights granted In accordance with lhe
tenns and eubject to aN the condit(orts end ifmita�ons of the appraval.
• All the above statements and the statemeMs In the plot plan, attachments, and exhibits
transmitted her,ewith. are true; and the appflcants so acknowledge tt�at any permit issued, based
an this applk�tion� map be revoked tf ft is found that any such ststements are false.
+ The epplicant hes read the entl�e contents oi the applicallon, including the pollcles and critena.
end understands tha requirernents for approving pr denying the�pplication(s).
310NATURES pF EACH OWNER OF 7Fi�SUBJECT PR�PERTY ARE REQUtRED.
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er' Slg»� Date
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CITY OF TIGARD
Com�nunity 1�eveCopment
S(zaping�BetterCo�ram�uraity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 9/13/2003
FILE NOS.: CONDITIONAL USE PERMIT (CUP) 2003-00004
ADJUSTMENT (VAR) 2003-00026
FILE TITLE: MITCH CHARTER SCHOOL
APPLICANT: MITCH Charter School OWNER: Canterbury Crest
Attn: Debi Lorence Attn: Christine Kopkie, Director
PO Box 230575 10575 SW Canterbury Lane
Tigard, OR 97281 Tigard, OR 97224
REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School
within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will
coexist, with the school ultimately utilizing the entire building at some point in the future.
Some interior tenant improvements are proposed, along with a small outdoor play area
and walkway to the street. An Adjustment to the bicycle parking requirement has been
requested to reduce the number of required bicycle spaces.
LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500.
ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to
accommodate a full range of housing types at a minimum 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, 18.370, 18.390, 18.510, 18.705,
18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810.
CIT AREA: Central
DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: MAY 23, 2003 DATE COMMENTS ARE DUE: JUNE 6, 2003
�HEARINGS OFFICER (MON.) DATE OF HEARING: JUNE 16, 2003 TIME: 7:00 PM
❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM
❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM
❑STAFF DECISION (TENTATIVE) DATE OF DECISION:
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP ❑ LANDSCAPING PLAN ❑ TOPOGRAPHIC SURVEY
� SITE PLAN ❑ TRAFFIC IMPACT STUDY ❑ IMPACT STUDY
� NARRATIVE ❑ STORM H20 CALCS. � OTHER:MISC.
STAFF CONTACT: Morgan Tracx, Associate Planner (503) 639-4171, extension 2428
LAHD USE APPLIt�TION p tee`t_
COMPLETEHESS REVIEW ❑ COMPLETE ❑ INCOMPLETE
T D RD INF RMATION: �,��`�
Deed/TitlelProof Of Ownership Neighborhood Mtg. Affidavits, Minutes, List O(Attendees Impact Study(18.390)
P��" USA Service Provider Letter ❑ Construction Cost Estimate 20__# Sets Of Application Materials/Plans
[]� Pre-Application Canference Notes [�.}� Envelopes With Pastage (Verify fount)
PRO E T STATISTICS:
Building Footprint Size � % Of Landscaping On Site � % Of Building Impervious Surface On Site
Q� Lat Square Footage
PLANS DIMENSIONED:
❑ Building Footprint Parking Space Dimensions(Include Accessible&Bike Parking) Truck loading Space Where Applicable
❑ Building Height Access Approach And Aisle ❑ Visual Clearance Triangle Shown
D NAL PLANS:
�Yicinity Map ❑ Architectural Plan ❑ Tree Inventary
�xisting fonditions Plan ❑ Landscape Plan
ite Plan ❑ Lighting Plan
TREE PLAN/MITIGATION PLAN:
❑ ❑ -
❑ ❑
ADDITIONAL REPORTS: (list any special reports)
❑ ❑
o a
❑ o
RESPONSE TO APPLICABLE CODE SECTIONS•
❑ I 8.330�c�a�o��u�� ❑ I 8.6�0�r�d r���u��sn�e�� ❑ I S.�6S(Ofl-Street Puking/lwding&quinments)
❑ I 8.340�a�ar:a���ntio�,� ❑ I 8.630(Wuhi�qoo�Sq�re kpooi�c�o�r) ❑ 18.115��a�Wa���,�
❑ 18.350��ee ueK�oprrie�� ❑ 18.105�o��ss/a�,�eo�) ❑ 18.180���
❑ I 8.360(Sice Derelopment Renew► ❑ I B.I I O(Acussory ksidenual Units) 0 I 8.785�r��uu r��a�
❑ I 8.310 nan��aai�so��a► ❑ I 8.l I 5{��:iry[w�p�mco�) ❑ 18.790�rR����
❑ 18.380¢oo�nq Il�p/fext Amendmen�) ❑ I 8.720(orsign[omp�ubiGry Snnduds) ❑ I 8.795(Yiw�l(ku�nce 8ress) _ .-.
❑ I 8.385�n�a�,�,:r���� ❑ I H.�ZS(Enrironmentil Pertormance Snnduds) ❑ I 8.797�w�a�����o,��r a:�;a�
❑ I H.39O(Dedsion M�ng Praedurcs/lmpaa Smdy) � ❑ I E.�3O(Excepoons To Derebpment SGnduds) ❑ I H.�9S(Wuekss Cormiuniaoon f�dliou)
❑ I B.4 I O(lnt line Adjusunen�) ❑ I 8.140�+�w�;�o��r� ❑ I 8.8I 0�o-K�s uu�iry�irprw��oc swd�rd5)
❑ I 8.420(We vuuuais) ❑ 18.142�ane ocap�ao�PemY�)
❑ I 8.430�,�d��� ❑ I 8.145 Nndsapi�g&saeening snnduds)
� I H.S I O(Residenu�l Ianing Distric�) ❑ I 8.150���r��„�oe��Ho��e�ueo��
❑ I 8.520(eamkrd�1oMng o�oicu� ❑ I 8.155(�i:ee soud wutr��eryding smngel
❑ I E.S3O�ndusbi�l Ioning Diso-icn) ❑ I 8.160(�o��orm�g s�m�co��
ADDITIONAL ITEMS:
���u r t�� �6 c�e-t..Aa.��1 n u�
I:�curpinUnastersVevisedVand use application completeness review.dot REVISED: 17-Jan-01
.. �
i�„��
CITY �F TIGARD
�REGON
April 16, 2003
Debi Lorence
PO Box 230575
Tigard, OR 97281-0575
RE: M.I.T.C.H. Charter School Conditional Use Application Incompleteness Letter
File No. CUP 2003-00004
Dear Ms. Lorence:
The city has had an opportunity to review your application for conditional use approval
to operate a charter school from the Canterbury Care Facility. While a number of the
submittal elements have been included, there remain several areas that further
information or clarification is necessary. These are outlined in the list below:
1. Number of Copies. Submit 20 full sets (of all previously submitted and
revised information and plans, including pre-app, neighborhood meeting info,
narrative, site plans, etc.). Any oversized plans must be folded to 8 %2" X 11"
and must include a reduced size version.
2. Neighborhood Meeting. You provided minutes of the meeting, but the list of
attendees and affidavits of posting and mailing notice were not included.
3. Impact Study. The Impact Study must address specifically those items listed
in 18.390.040 (2)(e). This need not be a professionally conducted report, but
should respond to each public facility, what impacts the development will
have, and how those impacts will be mitigated.
4. Site Plan. The site plan needs to include dimensions for the access aisle
(driveway), illustrate the clear vision area and identify any obstructions within
those areas, as well as the dimensions of the existing parking spaces.
5. Adjustment. Look at the previous decision for the MITCH School, and how
staff developed findings to justify the reduced number of bike rack spaces.
Use this as a model to develop your own justification. You are on the right
track, but just need to flush out the statement a little further. Also, you have
not a paid the application fee for the adjustment. This fee is one-half of $465,
or $232.50. Be sure to tell the front counter staff that you are applying for an
adjustment with your Conditional Use Application, so that they can properly
set up the case in our permit tracking system. Incidentally, your response for
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
, �4
the bicycle parking reduction should be included with that application (on a
separate sheet).
6. Floor Plans. The floor plan does not show in color, so there is no way to
distinguish the first from the second floor. The floor plans should clearly
indicate the use of each room (classroom, storage or utility room, kitchen,
bedroom, etc.) in order to calculate the required parking. If a room includes
more than one bed, indicate the number of beds per each room.
7. Narrative. Your narrative falls very short of responding to the code criteria.
For example, where you indicate that "The Owners need 12 parking spaces
for their code; there are additional beyond codes available." It would be better
to state something to the effect of "Per the Tigard Development Code chapter
18.765, table 2, the existing resident care facility use requires number of
spaces based on the fact that there are number of single occupancy
rooms. The proposed school will require number of spaces, based on
the proposed total of classrooms. The site provides standard sized,
and compact spaces, along with handicap spaces. As there is
sufficient existing parking, no additional parking is necessary." A similar level
of detail is needed for the Conditional Use criteria (18.330.050(8)), Access
criteria (18.705.030), and Off street parking (18.765.030}. For the Residential
Zoning standards (18.510) you can indicate the lot meets the minimum lot
size for the R-12 zone, that the existing use is permitted in the zone, the
proposed use is allowed conditionally, and that no changes to the structure or
lot are proposed. For the Landscaping and Screening standards (18.745)
and the Tree Removal section (18.790), refer to the fact that existing
landscaping will not be removed (actually, your narrative is fine on this point).
I guess the point is that technically, staff cannot create the answers to the
code criteria, it is up to the applicant to bear the burden of proof that his or her
application meets the standards set forth in the code. If this is not evident in
the application, then the application can be denied for lack of evidence. Since
the conditional use goes before the Hearings Officer, the standard for
addressing the criteria thoroughly is much higher, since staff will be unable to
cfarify issues through the decision making process.
8. Issues. The single largest issue I see is the lack of a walkway connection to
the street. You may request an adjustment to this standard, although I'm not
sure how we would justify it. It is in the public's interest, and moreover
mandated by State Law (through the transportation planning rules) that
pedestrian connections be facilitated with all new development. The
conditional use application constitutes new development. Further, if this
walkway is required, you will be doing work that will require Clean Water
Services sign-off. Originally, it was believed that no site changes would
occur, so therefore, no CWS site assessment was required. If the amount of
new 5' wide sidewalk exceeds 1,000 square feet (approx 200 lineal feet), then
storm water treatment will be required. CWS can explain this requirement
and methods to meet it in more detail.
MITCH Charter School, Incompleteness Letter,CUP2003-00004, Page 2
, �.
9. Signage. The temporary sign you have proposed may be problematic.
Temporary signs may only be placed for 30 days, three times a year. The fee
is $15 for each 30 day period. Once the total 90 day allotment of temporary
signage is used, no more additional signs can be placed until the following
year. If instead you hang a small sign on the existing permanent freestanding
sign, then you will only need to pay a $30 one time fee (assuming the total
square footage does not exceed 32 square feet.
Once this additional information is submitted, staff will deem the application complete,
schedule a public hearing, and begin the formal review process which typically takes 6
to 8 weeks.
If you have any questions regarding this letter or your application, please don't hesitate
to contact me at 639-4171, extension 2428.
Sincer ly,
V,�
�.���
������
Morgan Tracy
Associate Planner
C: Land Use Casefile No. CUP2003-00004
MITCH Charter School, Incompleteness Letter, CUP2003-00004, Page 3
i
i��'
�Y
CITY OF TIGARD
OREGON
May 1�2003
Debi Lorence
PO Box 230575
Tigard, OR 97281-0575
RE: Compieteness Review-MITCH Charter School,
Case File No. CUP2003-00004NAR2003-00026
Dear Mrs. Lorence:
The City has received the information necessary to begin the review of your
Conditional Use application (CUP2003-00004). Staff has, therefore, deemed
your application submittal as complete and will begin the review process. The
estimated time for rendering a decision from the date an application is deemed
complete is 5-6 weeks. Due to a scheduling conflict with the Hearings Officer,
the date of the public hearing is scheduled for June 16, 2003 at 7:00 PM, rather
than June 9th as previously indicated.
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext. 2428.
Sincerely,
SC . ���
Morgan Tracy
Associate Planner
Enclosure
C: CUP2003-00004NAR2003-00026 Case File
i:lcurpinlmorgan\workspace\cup\cup2003-00044 mitch school ii\cup2003-00004 complete.doc
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772
OREGON TITLE
I n s u r � n t e C o m p � � y
�V�Si�IN V �� ��i'
L,uryers r�e jn.tiurance Gporation
��NO�MER,���„MP„N, Tigard Branch
10220 SW Greenburg Road #101
Portland, Oregon 97223
i503)244-6068 FAX 244-1633
Oregon Title Insurance Company
Attn: Suzie Tryon
10220 SW Greenburg Road #101
Portland, Oregon 97223
Date Prepared: May 17, 2002
3rd SUPPLEMENTAL
PRELIMINARY TITLE REPQRT
FOR ISSUING TITLE INSURANCE
ORDER NO : 219337w
PARTY REFERENCE : CANTERBURY CREST/RIVERSIDE
PROPERTY ADDRESS; 10575 Canterbury Lane Tigard, OR 97224
OTHER REFERENCE •
PRIOR REPORT DATED 03/29/p2 IS SUPPLEMENTED OR AMENDED FOR THE FOLLOWING :
The effective date has changed
Modified Exception(s) No. 3
Note deleted: Note
Lawyers Title Insurance Corporation is, therefore, prepared to issue title
insurance as of the effective date and in the form and amount shown on Schedule A sub�ect
to the conditions, stipulations and exclusions from coverage appearing in the policy �
form and subject to the exceptions shown on Schedule B. This report is preliminary
to the issuance of a policy of title insurance and shall become null and void unless
a policy is issued and the full premium paid.
This report is for the exclusive use of the persons to whom it is addressed. Title
insurance is conditioned on recordation of satisfactory instruments that establish
the interests of the parties to be insured; until such recordation, the Company may
cancel, amend, or supplement this report for any reason.
Once again, thank you for placing the order with us.
If you need assistance with this report, please contact:
Suzie Tryon, Branch Manager Phone: 1503)244-6068 Fax: 244-1633
_r...
- - - --�
�� Order No. 219337w
EXHIBIT "A"
Legal Description
PARCEL I ;
The East 14 feet of Lot 9, all of Lots 10 and 11, AMENDED PLAT OF
CANI'ERBURY PLAT, in the City of Tigard, County of Washington and State
of Oregon.
TOGETHER WITH that portion of S.W. Canterbury Lane inurin
reason of Vacation Ordinance Number 71-41, recorded Februarthereto by
at Book 855, Page 744, Recorder' s Fee No. 11250 . �' 25� 1972
PARCEL II ;
A Parcel of land situated in Lots 7, 8 and 9,
City of Tigard, County of Washington and StateCofTpregon, PLACE, in the
Beginning at a point on the North line of said Lot 9
89°54 ' 30" West, a distance of 14 feet from the Northeasticornersofth
said Lot 9 and the TRUE POINT OF BEGINNING OF THE TRACT herein; thence
South 89°54' 30" West along the North line of said Lot 9 and 8, a
distance of 254 . 49 feet to an iron
distance of 428 . 76 feet to an iron PlPe; thence South 33 °57' West, a
Lot 7 in said subdivision; thence South 45°54e EasthWasdistancenofof
408 . 00 feet to an iron pipe at the Southwest corner of said Lot 9;
thence South 89°40' East to a point on the South line of said Lot 9
that is North 89°40' West 14 feet from the Southeast corner thereof;
thence North 0°45' East to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM any portion lying with in streets, roads or
highways .
TOGETHER WITH that portion of S.W. Canterbury Lane inuring thereto b
reason of Vacation Ordinance Number 71-41, recorded February 25, 1972
at Book 855, page 744, Recorder' s Fee No. 11250 .
PREL1MINqRY TITLE REPORT DQTED May 17, 2p0
2 ORDER NO. 219337w
SCHEDULE Q, Page No. �
1 . The effective date of this preliminary title re ort '
A is 5:00 P.IVI, on
MaY 9, 2002
2. The Policy or Policies to be issued:
P����y/Endorsement Description
ALTA Extended Charge
Owner's for $z, 122
500. 00 �
Lender Endors, a 6-�60. 93
#52 (100) ;59(116)
Local Govt . 50•�0 .
Lien Search
100. 00
3. 7itle to the land described herein is vested in:
CANTERBURY CREST NURSING SERVICES, INC. an
corporation, who took title as THE OREGON FOUNDATION
, Oregon non-profit
, INC.
4. The land referred to in this report is described as f
ollows;
As fully set forth on Exhibit "q'�
reference incorporated herein, attached hereto and b
y this
�
P�RELIM1NqRY TITLE REPORT DATED May � 7, 200
2 ORDER NO. 219337w
SCHEDULE B, page No. �
Except for the items properl
will not insure against loss or dama ethrough closin
9 which ma g� the proposed po�i�y or po��cies
y arise by reason of the followi�g:
THE FOLLOWING AFFECT ALL PAI2CELS
1 • Taxes or assessments
taxing authorit which are not shown as existin
Y that levies taxes or assessments og liens by the records
public records; proceedings b a
assessments, Y real propert °f any
or notice of Public agency which ma Y °Y by the
of such a such proceedin S, Y result in taxes or
gency or by the g Whether or not shown b
public records. Y the
records
2• Any facts, ri hts,
but which g lnterests or claims which are
could be ascertained by an inspection of�said�land or b
of persor.s in possession thereof. Y the public records
y making inquiry
3 • Easements, claims of easements
reservations or exce °r encumbrances,
thereof; pt1Ons in not shown ,by the public
water rights, Patents or in acts authorizin records
the Pa[ent. �r claims or title 5 the issuance
to water. We find no reservations in
4 • �Y lien,
or right to a lien,
services, labor, for unemployment taxes w
imposed b equipment rental or material, �rkman's com
Y law and not heretofore or pensation,
shown by the hereafter
public records. furnished,
5 � Discrepancies, conflicts in
any other facts �rhich a boundary lines, shorta e
correct surve 9 in area, encroachments,
Y would disclose. or
NOTE: Exceptions 1
uPon recei t through 5 may be modified or eliminated from the
not necessarilydlimited to additional evidence of insurabilit
policy based
the following: Y� includin
�a� A 9, but
survey of the sub '
property surveYS, )ect property meetin �
In addition to g ALTA ACSM guidelines for commercial
property, for which the surv
there may be a eY, the companY maY inspect the
nominal charge. subject
'b) Proof that there are no
possession other Parties in possession or
or tenancies , than the vestees herein and �laimin
that there are g the righ` to be in
not e:{isti�g leases
��) Proof that there are no statutor
liens for contributions due Y liens for
and for to the labor or material, including
workmen� s compensation W State of Oregon for
priorit hich have not unemployment compensation
Y over the lien of the insured mort gained or
record. hereafter may gain
9a9e, which liens do not no�n appear of
�d� Proof �nac tnere are
no unpaid se•.tier ��lls at tne time oi c�os_ng,
NOTE: DELETED
�Continucdj
SCHEDULE B, Page No. 2
� Exceptions, Continued
Order No.: 219337w
THE FOLLOWING AFFECT PARCEL 2
6. Taxes, including current
year, not assessed because of an exemption. If the exempt
status is terminated under the statute prior to the date on which the assessment
roil becomes the tax roll in the year in which said taxes were assessed, an
additional tax may be levied.
Exemption : Non-profit corporation
Levy Code : 023 74
Account No. : R489108
Map No.
� 2S110AA-01500
7. Municipal liens, if any, imposed by the Citf of Tigard. We find none per the ublic
records as of December 12, 2001.
P
The status of municipal liens must be rechecked at the time of closing.
�a• The subject property lies within the boundaries of the Clean Water Services and is
subject to the levies and assessments thereof. (We find no liens of record as of
December 12, 2001. )
8. Any conveyance or encumbrance by Canterbury Crest Nursing Services, Inc. must be
executed pursuant to a proper resolution of the members voted on a dul
meeting of the membership in accordance with the Bylaws or other authoritalled
corporation.
y of the
A certified copy of the resolution authori�ing the conveyance and encumbrance and a
copy of the minutes of at the meeting of the membership and a copy of the Bylaws or
other authority for such conveyance or encumbrance must be furnished us in order to
determine parties authorized to sign documents.
9. Deleted intentionally
NOTE 1 : We find no unsatisfied judgments, state or federal tax liens against
Ri .�erside Homes, Inc. , an Oregon corporation.
THE FOLLOWING AFFECT PARCEL II
lo. Taxes, including current year, not assessed because of an exemption. If the exem t
status is terminated under the statute prior [o the date on which the assessment
roll becomes the taf roll i_n the p
additional tax ma %ear in ::hich said taxes were assessed, an
y be levied.
Exemption : Non-profit corporation
Levy Code : 023 . 74
Account No. : R489117
Map No.
� 2S110AA-01-]00
11. Municipal liens, if any, imposed br the City of Tigard. We find none per ttle o
records as of March 1, 2002
, ubi�,.
(Continued)
�
-�
Exceptions, SCHEDULE B, page No. 3
Continued
Order No.: 219337w
12• The sub 'ect
� property lies within
subject to the levies and the boundaries of
'�arch 1, ,00, � assessments the Clean water
thereof. (We find Services and is
no liens of record as of
13 . The rights of the public in
lYing within the limits of and to that
roads, Aortion of the herein described
streets or highWaYs
14 . Any conve property
yance or encumbrance b
executed pursuant to Y Canterbur
meetin a proper resolution Y �rest Nursing Services,
9 of the membershi °f the members v In�• must be
corporation. p ln accordance with the B �ted
ylaws or other a duly called
A certified Co authority of the
copy of the py °f the resolution
minutes of authorizing the conve
other authorit at the meeting of the Yance and
Y for such membershi encumbrance and a
determine conveyance or P and a co
parties authorized encumbrance must be pV °f thE BYla�NS
to sign documents. furnished US °r
NOTE 2 : We in order to
find no unsatisfied judgments,
Riverside Homes, Inc. , an pre
state or federal tax liens a
gon corporation.
gainst
END OF REPORT
Deena L. Gray, Commercial Title Officer
DLG/DLG/DLG/jlm/llc/llc
Gray 462�
www.mitchcharter.org
February 19, 2003
Attn: Property Owner
RE: Multi-sensory Instruction Teaching Children Hands-on(MI7'CH)
Dear Interested Party:
Canterbury Crest is the owner of the property located at 10575 SW Canterbury Lane,
2S 110 AA 01400. MITCH Charter School is proposing a conditional use permit to the
lower level at this location.
Prior to applying to the City of Tigard for the necessary permits, I would like to discuss
the proposal in more detail with the surrounding property owners and residents. You are
invited to attend a meeting on:
March 11, 2003
5:30pm
First Baptist Church of Tigard
11075 SW Gaarde, Tigard
Please notice this will be an informal meeting on prel�_mina.ry plans. These plans may be
altered prior to the submittal of the application to the City.
I look forward to more specifically discussing the proposal with you. Please call me at
503-639-5757 if you have any questions.
Sincerely,
Debi Lorence
NIITCH Charter School
Director
aFF1DAVIT OF MAILINGIPOSTING NEIGHBORH00
(MPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAII THE CITY Of T�D MEETING NOTICE
NEIGHBORHOOD MEETING NOTICE THAT PERTAINS T0 TNIS AFFlDAVIT IlT THE AME TIME PRO ERTY
OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW:
City of Tigard Planning Division
(3125 SW HaIlBoulevard ��
Tigard, OR 97223-8189 ''�' �
IN ADDITION, THE APPL(CANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT T
HE TIME OF APPLICATION.
MAILING:
�' � ���� �L���"`� ��-- , being duly swom, depose and say that on the � ����4��
20-��- I caused to have mailed to each of th �day of �� �
development at(or near) V� � ; Perso� on the attached list,a notice of a meeting to discuss a proposed
of which notice so mailed is attached hereto an m d�f a of/
p hereof. a copy
I further state that said notices were enclosed in envelopes plainly addressed to said person�s and were de osited on
date indicated above in the United States Post Q�ce located at T�E c:�C�
with postage prepaid thereon. P the
•,�c � 'i �-,�
� �� ' .
�i�-�/i- �''�
POSTING: Signature (In the presence of a Notary Public)
�,_ !-� �r�"t L L�v4 ,� t-•2_-
L�,Q , do a�rm that I am (represent) the a
affectin the land located t (sta e he1 a�t'pr ximate location(s) F no
address(s)and/or tax lot(s) currently registered) o '� S 5,,,
and did on the_�_ day of yti�� � ��-r�� I�..n
proposed for a L �, (> > 20 personally post notice indi ng that the site may be
discuss the proposal. application, and the time,date and place of a neighbortiood meeting to
The sign was posted at l O�j"� � � C�� ��_
�- �x��1C c.J �,��
(state location you posted notice property)
.�
��
,V. � `�
Signature (In the presence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF G,-���_,-, �
County of 6���.s6�, .�� f-c�,�) ss.
Subscribed and sworn/affirmed before me on the l c�day of fz��--c�a,-�
, 20C'3 .
QfFIC1AL$E/1l,
faREER A GASTpr
l �IOTARY PUBUC.ppE(apM �: c< � - -
MY Ct�M�Sp(PIRES O�CL 10,2pp3 ���/ _� -�f���c' •' � --
- NOTARY PUBLIC OF OREGON
APplicant,please complete the information below: M Commission Ex ires: iC - /L''� -c'`,j
NAME OF PROJECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT:
Address or General Location of Subject Property:
Subject Property Tax Map(s)and Lot#(s):
2S 110AD-08800 2S 111 BC-02900
ANNAND JOHN D II& BOEHR IRWIN I A� i RICIA L
KELLER SUSAN A TRUST 8� TRUSTEES
VINELLA MARY JANE 10470 SW VIEW TERRACE
8260 SW HUNZIKER RD TIGARD,OR 97224
TIGARD, OR 97223
2S110AC-00200 2S110AD-01800
A ND JOHN D BROWN SCOTT C&PEGGY L
KELL SUS A TRUST& 14630 SW 106TH AVE
VINEL Y JANE TIGARD,OR 97224
826 HU KER RD
T ARD,OR 97 23
2S110AD-00510 2S110AD-03900
BACKHAUS BRENDA BURKS GILDA M
10627 SW CANTERBURY LN 14655 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-00500 � 2S110AA-01200
B HAU RENDA CAIN JAMES L
10627 NTERBURY LN 27775 NW WILLIAMS CANYON RD
T ARD,OR 9 24 GASTON,OR 97119
2S11oAA-0o401 2S11oAA-01401
BATES STEPHEN C 8 JODETTE S CAIN JAMES UDARLENE L
10430 SW VIEW TER 27775 NW WILLIAMS CANYON RD
TIGARD,OR 97224 GASTON,OR 97119
zs i i oa,a�-oi soo 25111 BB-02700
BATES STEPHEN C&JODETTE S CALLAHAM C DAVID
10430 SW VIEW TERRACE 10804 NE HWY 99
TIGARD, OR 97224 VANCOUVER,WA 98686
2S110AA-01100 2S11 D-09400
B S STE N C&JODETTE S CALWA HILL HO NERS AS50C
1043 VIEW TERRACE BY STAf� S BUILDER INC
T ARD, O 224 8459��W BAR BLVD
PORTLAND,OR ,223
25110AD-04204 2S 110AD-09500
BEHRENDT ROBERT F AND SHARON A CA Y HILL MEOWNERS ASSOC
1450 S KIHEI RD C205 BY STA KINS BUILDER INC
KIHEI, HI 96753 845 BAR BLVD
RTLAND,OR 223
110AD-0420 2S110AD-09600
B EN ROBERT F AND SHARON A CAL Y HILL MEOWNERS ASSOC
1450 EI RD C205 BY STAN INS BUILDER INC
K EI, HI 96753 8459 BARB LVD
RTLAND,OR 97223
2S111BB-02000 2 110AD-01200
BERNARDS CHARLES J&AGNES MARI CA AY HILL HO EOWNERS ASSOC
PO BOX 65 BY STA S BUILDER INC
3881 BLANCHET AVE NE 8459 A BLVD
ST PAUL, OR 97137 P TLAND,OR 9 223
��,��EBZ'�'� �c�dress LabeEs �aser 596�iT"'
Smo4th Feed SheetsT"" �s�tem�iat��or 5;6Y�
2S 110AD-00300 2S 110AD-04100
CONRAD-HILL EVELYN A GALYEN SUSAN E
10631 SW CANTERBURY LN 14641 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-00310 2S111BB-02200
C -HI VELYN A H&M ENTERPRISES LLC
10631 NTERBURY LN 10804 NE HWY 99
T RD,OR 9 24 VANCOUVER,WA 98686
2S 110AA-01600 111 BB-02300
COX JERRY R ANN M H E RPRISES LLC
14350 SW PACIFIC HWY 10 HWY 99
TIGARD,OR 97223 NCOUV WA 98686
2S 11 DAA-02800 2S 110AD-01910
DANNA BROTHERS PROPERTIES HAASE JOHN G
9800 SE STARK ST 14666 SW 106TH AVE
PORTLAND,OR 97216 TIGARD,OR 97224
2S 111 BC-03001 2S 110AD-07 500
DUNKLEE JOHN&MARGARET HADLEY MICHAEL F
10440 SW VIEW TERR 10540 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AD-017oo 2S 17 oAA-017oo
DYER KENT L 8 BRYNNER D INVEST1 LLC&
14620 SW 106TH AVE DECE III INVESTMENTS LLC
TIGARD,OR 97224 BY GUARDIAN MANAGEMENT
4380 SW MACADAM STE 380
PORTLAND,OR 97201
2S 110AD-04202 2S 110AD-04201
EWING DOREEN L TR IRWIN LORENE A
14625 SW 106TH 14635 SW 106TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
110AD-04202 2 110AD-04201
E G D EN L TR IR LO E A
146 06TH 1463 6TH AVE
T ARD,OR 7224 T ARD,OR 24
2S 110AD-08600 2S 110AA-00900
FISHER ELEANOR JAZZCO ENTERPRISES LLC
10505 SW CANTERBURY LN 14060 SW PACIFIC HWY
TIGARD,OR 97224 TIGARD,OR 97224
2S110AD-03700 2 110AA-0D800
FORD ROBERT D AND J E PRISES LLC
GENEVIEVE V 1406 IFIC HWY
14677 SW 106TH AVE T ARD,OR 9 4
TIGARD,OR 97223
5�o�t� �s�� S�a��t�t�" �;s�����,i�t���y�_�x��
zs„oas-ao2oo zs„oaa-oozoo
KOLVE G C OHANESIAN LEE 8 DONNA
14389 SW PACIFIC HWY Go SKL PROPERTIES LLC
TIGARD,OR 97224 P O BOX 230703
TIGARD,OR 97281
2S 17 OAD-00410 2S 110AB-06000
LONG S CAROLYN OREGON DEPT OF TRANSPORTATION
10629 SW CANTERBURY LN do LEASE:GERALD KOLVE#57699
TIGARD,OR 97224 355 CAPITOL ST ROOM 411
SALEM,OR 97301
2 710AD-00400 2S110AA-01500 .�-
LO CA YN ORE DATION INC
1062 TERBURY LN 520 S H
ARD,OR 9 224 POI� LAND,OR 97204
2S 110AD-03800 2S110AA-01400
MCCABE NANCY OREGON FOUNDA710N INC
14661 SW 106TH AVE 10575 CANTERBURY LANE
TIGARD,OR 97224 TIGARD,OR 97223
2S110AD-01800 2S110AD-08801
MCMONAGLE PAMELA D PANORAMA WEST APARTMENTS LLC
10550 SW CANTERBURY LN 777 CALIFORNIA AVE
TIGARD,OR 97224 PALO ALTO,CA 94304
2S 110AD-00710 2S 110AD-08700
MCPHERSON LINDA D PA WEST APARTMENTS LLC
10623 SW CANTERBURY LN 777 I A AVE
TIGARD,OR 97224 LO ALTO,CA 94304
S 110AD-00700 2 110AD-08700
M HER LINDA D PA EST APARTMENTS LLC
1062 CANTERBURYLN 777 IF IAAVE
T ARD, 97224 O ALTO,CA 4304
2S110AD-00900 2 170AD-08700
MURPHY KAYE L PA M ST APARTMENTS LLC
10619 SW CANTERBURY LN 777 C NIA AVE
TIGARD,OR 97224 P O ALTO, 94304
2 110AD-00910 110AD-08700
MU E L PA M ST APARTMENTS LLC
1061 TERBURY LN 777 C NIA AVE
ARD,OR 9 24 O ALTO,C 304
2S 110AA-00500 2S 110AD-01010
OGDEN ORLAND O&MP,RY JOAN POWELL JACQUELINE S
24030 AIRPORT RD NE P O BOX 23322
AURORA,OR 97002 TIGARD,OR 97281
Smdoth f�ed �heetsT"" �s�t���ia�� ;�a�:?�51�
S 710AD-0100 2S7 70AD-0Ot 10
P ELL QUELINE S STRATTON CHARLA MARIE
P O 23322 10635 SW CANTERBURY LN
ARD,O 281 TIGARD,OR 97224
2S 171 BC-02800 2S 110AD-00100
PRESBYTERY OF PORTLAND THE S TTO ARLA MARIE
CALVIN PRESBYTERIAN CHURCH 1063 CANTERBURY LN
10445 SW CANTERBURY LN ARD,O 97224
TIGARD,OR 97224
2S 110AA-01000 2S 110AD-03600
RIPLEY DAVID& TAYLOR CHARLES C II 8 AVA C
RIPLEY JOHN 14685 SW 106TH AVE
14170 SW PACIFIC HWY TIGARD,OR 97224
TIGARD,OR 97224 • e - .
v_.
2S110AA-03200 2S110AA-0O600
SKEI DONALD W&HARRIET J TEXLAND PROPERTIES CORP
8963 SW LESLIE 2828 N HASKELL AVE
PORTLAND,OR 97223 DALLAS,TX 75204
2S110AA-03201 2S110AD-04000
SKEI HARRIET J& THOMPSON EVELYN M
ESPINOSA GREGORY S 8 JEANNE A 14647 SW 106TH AVE
8963 SW LESLIE ST TIGARD,OR 97223
PORTLAND,OR 97223
2S1116B-02101 25110AD-01100
SKYNAT LTD PARTNERSHIP THOMPSON HOLLY L&BRANDON M
4040 SW CORBETT AVE 10615 SW CANTERBURY LN
PORTLAND,OR 97223 TIGARD,OR 97224
�
2S1 AD-04� 2S110AD-01110
SMO�1 HARLENE M TH SON LY L&BRANDON M
1461Y5 06TH AVE 10615 ERBURY LN
TIGARD,OR 7224 ARD,OR 97224
10AD-04 2S1 AC-00100
SM HARLENE M TIGA VAN�CE�ICI�L CHURCH OF
146 S 106TH AVE NORTH I�t CA THE
GARD,O 97224 13620 SW PAC�FLC\HWY
TIGARD,OR 97223�
2S 110A�-00210 2S 110AA-00300
STANSBURY YVONNE TIGARD INVESTMENT GROUP LLC
1a633 SW CANTERBURY LN BY EYRING REALTY INC
TIGARD,OR 97224 1901 OLYMPIC BLVD STE#220
WALNUT CREEK,CA 94596
2S 110AD-0020 25111 BC-02600
STA YVONNE TIGARD WATER DISTRICT
106 NTERBURY LN 8777 SW BURNHAM ST
T ARD,OR 9 24 TIGARD,OR 97223
�
S�ot��� F��� S�e�����'' �����3�a���w�2�`�� 5a5.`�
zs„oa�-oo�oo
TOSCO CORPORATION
PO BOX 52085
PHOENIX,AZ 85072
2S110AD-0OBiO
TRAN.�EIVELOPE J
10625 SV�'�ANTERBURY LN
TIGARD,OR 97224
2S 110AD-0O6D0
PE OPE J
1062 CANTERBURY LN
� ARD,O 97224
2S 7 7 OAD-08805
VANLOM JOSEPH M AND CYNTHIA S
PO BOX 25744
PORTLAND,OR 97298
zS��oaa-02000
WEC97H-OREGON-2 INVESTMENT TRUST
BY HEILIG-MEYERS COMPANY
ATTN:PROPERTY MANAGEMENT
12560 W CREEK PKWY
RICHMOND,VA 23238
2S110AD-00810
WHITMORE DOUGLAS E&GWENDOLYN
14803 SW 106TH AVE
TIGARD,OR 97224
2, 10AD-00800
WHI O OUGLAS E&GWENDOLYN
148 106TH AVE
T ARD,O 97224
Smooth �eQd St�eetsT'" l�sz t�mpiate�or�151�
Jack Biethan Josh Thomas
11023 SW Summerfield Drive, #4 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Louise Fronville
15760 SW Oak Meadow Lane
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
J. Dyar
10430 SW Century Oak Drive
Tigard, OR 97224
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
AGENDA
March 1 l, 2003
Public Hearing for Conditional Usage Permit
10575 SW Canterbury Lane, Tigard Oregon 97224
Opening Statement welcoming all neighbors.
Who: MITCH Charter School, a nonprofit, give background information
What� a public school by a contract with the TTSD, Kindergarten-4`�grade,
Monday-Thursday, 8:OOam-4:OOpm, offers a classica] education
WhY� MITCH Charter School looking for a facility to operate an elementary school in
Where: Canterbury Crest Prayer Hospital Facility
Questi�ns and C cer.s opened to the public.
t '
1. �i��viii , c.�
2.��t�..j�.,.-,J � .
3. ��.�d s :y;����'z �
T l ��� �.-c.`r ��1
4. / � `-'�.u� -�i-.� �a, �.
s.
6.
7.
8.
9.
10.
NEIGHBpItgOOD MEETING MINUTES:
March 11 �t 5:30 pm a neighborhood meeting was held for
with in SOOfeet of 10575 S.W. C�terbury Crest lane, Ti arthe a$'ected ro e
P p rtY owners
Two propert g d.
Y owners came to hear about the proposed conditional usage of the
Canterbury Crest Sanctuary.
One persons concern was according to where she looked ou
She now sees an area of nothin
want her living room view to t rn into a aarts to continue to s eeno�thng room window.
what the land owners decide to do we are le S ng1oB We told her it was not our�dec�ision
parking spaces there is over adequate parking now.
y ode we do not have to add
This concerned neighbor assured us she would find out wh
protecting her view. at her ri
ghts were for
The other persons concern was that our students would be 1 '
that the acreage is such a fire h
students would not be building f e Sor�,uld be �r�d W P aying with matches. He said
especially closer to the summer months. We �ted assurances that our
supervision and rules of the school hecked for matches regularly,
assured him that our students under our
students would never be la in �'�'OUId not be a fire haza�-d to their ro e
P Y g with matches in the North field. p P m'� The
Meeting closed 6:45prn
DATE: � �2��,/'�, S' PLANS CHECK NO.
PROJECT E:
COUNTYWIDE / ;r"/�,�";. `;;,. • -'.,. � �,; ;
TRAFFIC IMPACT FEE
WO RKS H E ET APPLICANT:
(FOR NON-51NGLE FAMILY USES) MAILINGADDRESS:
CITY2IP/PHONE:
TAX MAP NO.:
SITES NO.ADDRESS:
LAND USE CATEGORY RATE PER TRIP
RESIDENTIAL $239.00
BUSINESS AND COMMERCIAL $ 60.00
OFFICE $220.00 �� ��. .�,� ��` ���� � �,•��
�
INDUSTRIAL $230.00
INSTITUTIONAL $ 99.00
PAYMENT METHOD:
CASH/CHECK
CREDIT
BANCROFT(PROMISSORY NOTE) USE LAND CATEGORY DESCRIPTION OF USE WEEKDAY AVG. INSTITUTIONAL ONLY:
S Z J ��F/s-�, Sc�sc�o C TRIP RATE /,�3 WEEKEND AVG.TRIP RATE
DEFER TO OCCUPANCY '
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BASIS: The applicant proposes conversion of the lower floor of a nursing home to a elementary school.
Eliminating 7 beds and providing for 90 students.
CALCULATIONS:
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=' 7 �.,s (90 n ,, �3 _ ,F. _ � x ��_.
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� ���n � / S x I � GENERATION: ��J�
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FEE: �
$ �`i��
FOR ACCOUNTING PURPOSES
ONLY
ADDITIONAL NOTES:
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_ _- , � TRANSIT AMT. ����
$ �� "
PREPARED BY:
;',��t, C.�P d,'=- ,f� .:_ --�,_ � �:- _ S.S. Cas er
I:TIFWKST.DOC (DST) EFF: 07-01-98
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City of Tigard Narradve
Canterbury Crest
10575 SW Canterbury I,ane,T�gar.d
Conditional Usage Permit
25110AA01400
Neighborhood Meeting: March 11,2003 5:30pm 2 neighbors came. T'heu main�ncems where that
children would be playing in the North field,which is open property connecting to the proposed
building,and they would have matches causing a fire that could burn their homes down.
Impact Study: See attached
Summary of MITCg Charter Scbo��y p�Posal for Conditional Usage:
• To operate an elementary charter school K-4(No Daycare)within the existing building
Located at: Canterbury Crest 10575 S W Canterbury Lane,Tigard
• Tax Lot 2S110AA01500
• We wi11 share this facility with the owners;we will be�si� the do
the first couple of years. Eventually we would like to be �e �S of their building for
• uPstairs,as the school�ows.
• We wiil not put up another sign out on strcet;Would like to put on the existin si a
sign temporarily polnting p�.�ts where to turn• g �° d'�O�
• We will need to remodel the downstairs from 6 bed�.�ms to 5 classrooms;
• Sq Ft we are proposing to remode15,000 sq ft approxim�tely;
• We will share the e,usting p��g lot 40 total available
• There are 20 plus parking sPaces available for school use dail the
P�ing places per classroom;The owners need 12 parlsin y� �'����ements say 2
will be shared, (S�attached for details) g��for their code; g park���
' Parents will drive and carpool their children to school;
• Each grade will start school 15 minutes apart.Example might look like:4�' �a
grade 8:15, 2 grade 8:30, 1�grade 8:45,kindergarten 9:OOam; �de at 8:OOam,3
• Kindergarten wiil be over at either 12:00 or 12:30pm;
� Pazents would pull into the dri�,eway and the adult would escort the student into the school, sign
the child in with the secret�,at the front desk area $ame proced�for piclQng up;
• Each grade has one class;
• 18-20 children approximate to each class;4 full day�lasses�d 1�� �der
• ApproY. total 90 children(may�less depending on enroll�nt); y �en
• Staff ng 5 full time teachers, 1 Director of Programs and FamilY's,and 1 office n4wager;
• Total approx. 97 people
� We intend to put a playground at the�ocaUon when we have ihe money to do so.
*see plot map for intended location
For now we will have a year by ye�1�a�ment with the owners We�,oWd like the option of
COn�u�nb to grow the school at this facility until we are a I{indergarten_Ei th
don't l�ow if the owners will allow this to happeq hawever they l�ow of our desire�to be�1 We
located there. Should we be allowed the full use of this facility and grow into the u ��an��y
each year,we would at that point be 180 siudents(20 children per class��9 t�chersp3 pa���g�de
teachers and two office staff.
Contact infarmation: Debi Lorence 503-639-5757 wk,503-936�196 cell
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Transnortation/Access• Narradve Details �
,
Most of ow families have two or more children,which helps with the number of cars and �
A large percentage will continue to carpool(we have seen actively happen this yea�.� The�hool lets each
grade out at 15 minute intervals lightening the impact on the road At most there will be 50 round�ps per
day. The access already existing from Canterbury Lane is to code. The access meets the minimum in width
too. Sam Hunaidi from pD(�'�d Debi Lorence spoke in January and ODOT have no concerns.
�'�'��v Reguirements•
Side walks exist along the Canterbury lane, on the same side as the entrance into the building. 'There are
existing sidewalks around the building. However from the srtreet back to the building there are no existing
side walks. We would like to put the side walk on the north side of the driveway, (approximately 195 feet
in length to the building)as people would have to cross the
we put it on the south side. See map. ��g lot and/or tra$'i�to get to ihe building if
Bufferin and Screenin :
The requirements for buffering already exist plentifully along ail site perimeters. The uued
deciduous,evergreens and shrubs with the proper width and height are in all the buffer d arps.��e of
Landscaoe•
For landscaping and screeni�g���18�45)and the Tree removal section(18.790)there is more than
adequate amount of trees for ihe parking codes and landsca d
This site has more than 1 tree per parl�n � ��g����dY exist to code too.
fro�r►parlcing lot view. g�ce effectively screening with a mi.�tur.e of shrubs and trees
Parkine:
Per the Tigard Development Code chapcer 18.765,table 2,the existing residen�i�e facility use requir�s
12 spaces based on the fact that there are 12 beds or single occupan�y,r��. �e proposed school will
require 10 p�ng��� b�on the proposed total of 5 classrooms,2
provides 40 standard sized spa�ces,along with 2 handicaPPed spaces. � ���lassroo�i �e site
Paz�g,no additional parking is necessary.
B�cvcle:
Due to the nature of the owners building usage(hospital)there are no bicycle racks existing. We would like
to ask for a reduction of bicycle parking spaces as our children are all brought in by their p�arents or
�Woi�g- We have only children who are 5-9 years old No child is allowed to check themselves in to
school with out an adult companying them_Therefore we do not have children riding theu bicycles to or
from school. We would ask for a reduction in a rack to hold a minimum of 6 bicycles. We will locate the
rack protected from automobile traffic and in a convenient location(See attachment waiver.)
S�ns:
We may need to put up a direction tempor�uy sign sho�ng where the school entrance is_ T�S�
to height and distance code from the road giving a direction of where the ��ll be
only need to have it up for the first month of school. We would attach tlus te II��to turn. We H'ould
mPorarily to the existing sign.
Mib— g- at�on'
No trees will be removed. No improvement or changes will be made to the exterior of the building. We
however would like to put in some kind of a playground s'tructure at a later time,should money become
available. We have the area marked on ihe facility map showing the future�ag��,hen is up to the dollars
being available)proposed playground site.
Clear Vision Area:
We have no problems with the clear vision code. It is between 3 and eight feet in height at the driveway
now.
Residential Zonin Standards•
The lot meets residentiai Zoning stan�s�18.510)for size R-12 zone,We existin
zone and ihe proposed use is allowed condirionallY,and no changes to the structure or ot are�tted in the
P Posed-
— - - �
Canterbury Crest
10575 SW Canterbury Lane,T;gard
Conditional Usage Permit
25110AA01400
Background ImPact Study
The proposed 15,000 square ft building is located on the North
was built in 1958 as a Science Christian ���of Canterbury lane. This building
has 12 beds for patients who are sick and be ieve thatlthrou ls two story with two ground floors. Upstairs
We are proposing to remodel the 6 bedroom do �p�ye1���'th�'�11 be healed.
school will operate between 7-Spm Monday throughFnday, The app oximate ountlof children at�The
facility will be 100; 7 fulltime sta$members. Below is a summary of anticipated impacts on the public
utilities,roads and services demancls from the building.
Sanita`er
No changes or added improvements neces
be extended to the facility from City of Tig d main located sW 114 pla�gs������e e to
existing sewer main has s�cient capacity to handle the additional demand from the building.
Wate-- r Saualv
No changes or added improvements necessary to the water systems. Wate�.serv�ces will be provided bv the
e'u�S�m�es from the Tigard Water District main t�at is located along the south shoulder of S W Tigard
demand �ap�t��adequate supply and pressure(100psi)in the existing to serve domestic and fire
Disnosal�
No changes or added improvements necessary to the recyciing/dispos��
Storm Draina e
The exisring storm drainage will not be affected and the proposal new conditional use has no effect.
Schools
The project site is located within the Tigazd-Tualatin School District 23j, Public school elementary
students in the neighbor}iood attend Templeton School. There will be no added impact to the school.
Power/Teleuhone/Cable Television
PoiUand General Electric and Verizon Northwest provide the electrical
respectively. Northwest Natural Gas and TCI Cablevision provide natu a1Wer�d telephone services
gas and cable television.
Parks
The site is located by no parks.
No�se—Im�act
The activides associated with the�haza�er of a school are perfect for this location There are many broad
buffered azeas with wide and long setbacks&om property lines whi�h have created additio,nal
and soften of any potential noise. The buiIding is in isolation from view of streets. The building is�ir,tra n
single and multiple families a neighborhood.
3
Adjustment
Type 11 AppGca6on
Special Adjuistment request for the conditional use permit 10575 SW Canterbury Lane, Canterbury Crest of
Tigard. Applicant MTTCH Charter School.
We are asldng to reduce the bicycle parking to hold six bicycles. MITCH Charter School will only be
leasing at this location and currendy it is a hospital. We are serving ages 5-9 years old and the schools
policy is every child be signed into school and signed out of school by their legal guardian Therefore, we
will not have children riding b��y,cles to and from school. Our teachers do not live within reasonable
bicycle range and four out of the seven fu11 time staff have children attending ihe school and therefore wi11
not be riding to school as a family.
4
� �
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Narrative March 19,2003
-_ — -_— =
R . �
+ ��
lmpact Stud�:
No changes or added impro��ements necessan.
�
Tlie access alread�•esisting from Canterbun�Lane is ro code. Sam Hunaidi from ODOT and Debi Lorence
spokc in Januan�and ODOT has no concerns.
Walk�3�a��Requirements:
Side«�alks exist along tiie Canterbun lane,on the same side as the entrance into the propert��. Ho«�ever
from the street back to the bui(ding there are no c�isting sidc��alks.
Bufferin��and Screenin�:
The rcquirements for buf�ering alread��exist plentifull}�.
Landscane•
Trees and landscape are perfect. There is more than adequate amounl of trees for the parking codes and
landscaped parking areas already exist to code too.
Parl:in�•
The required parking for the school is 2 parking spaces per classroom. For the owners it is one parldng
space per guest room or 1 paridng space per e��ery t�-o beds. The amount oT guest rooms is 12. T1�e scliool
would have 5 class rooms and be required l0 parking spaces. The parking spaces a��ailable for botl�parties
to use are over and above Uie requircd 12. There airead��is a nunimum number of disabled person parking
spaces provided, stall dimensions to code, and pain[ed on the parking space surface���ith appropriate signs
marking the l�andicapped parking spaces.
Bicvcle•
Due to thc nature of the oH�ners building usage(hospital)there are no existing bicVCle racks. We would like
to ask Tor a reduction of bic��cle parking spaces as our children are all brouglit in b��their parents or
caTpool. We have onl}�children who arc S-9 years old. No child is allow�ed to check themselves in to
school without an adult accompanying them. Therefore we do not h�rve children riding d�eir bicvcles to or
from school. We would ask for a reduction to put in a rack tl�at could hold 6 bic��cles.
Si�ns•
We ma��need to put up a temporary direction sign showing where tlie school entrance is. This sign��ill he
to height and distance code from the road indicating�vliere parents are to turn.
Miti�.ation•
No trees���ill be remo��ed. No impro��ement or changes will be made to the e�-terior of the building. We
�i ould lio«�ever like to put in some ldnd of a pla��ground structure at a later date, should mone} become
a��ailable. We ha��e tlie area marked on the facilit}�map included sho���ing a proposed pla��ground site
depending upon appro��al from the o�i�ners.
Clear Vision Area:
We have no problems���ith d�e clear��sion code. It is code no„.
,
� �
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Adiustments asked for the Conditional Usage Permit
�'��� Special adjustment request for conditional use permit for 10575 SW Canterbury Lane,
applicant M.I.T.C.H. Charter School.
We are asking to reduce the bicycle parking to hold six bicycles. M.I.T.C.H. Charter
School educates children 5-8 years old this year and next year 5-9 yeaz olds. We require
parents to check their students in and out of school. This therefore eliminates bicycling
to school as an option.
Walkway Requirements
Special request for putting in a sidewalk from Canterbury Lane back to the building being
permitted for the school use. The owners have told us they intend to build a new facility
in the future and we would like to wait until they have their plans ready for a new facility
before we put in the expense of a side walk. The sidewalk may have to be torn up when
they build new.
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T'his map was derived from several databases.
County Surveyor's Office The County cannot accept reponsibility for any
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www.co.washington.or.us no warranties for this product. However,
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TO BE CONVEYED N 'S�8";.R. FLUSN
9 10 1�' 1'! � .s N d9'1ti'16� W G.09' 1
TO 1RACT 1 _+ _ ____ I _..__ . ' . SFE GElr,l� � 5/8'I.R. FLUSH �YCGR:C,'N tINKNOWIJ? I
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, �i. � 5 89'350fi" � VACAICO � 5'S.9+' %� � I �A4lC/N UNh".NOW/:' o a 5-9"LH. W�YF'C 57AMP£L •
_. __ . _� 761.OY � BK, 855, PG 744 332.65'(332.65')5.;..'2�:'6 ; / - � Y o 'BURTON£NGINfEHlNC
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NARRATIVE: yo ` rtusr+[oRicw uxKNOwuJ • o o � s/a"�.R. Ftuc,� � I
RI£PURPOSE OF 7HIS SURVEY wAS 70 SHOW hIE LOCAIION OF A 5 pp50'09" W 0.22' . t "�'� � , h'8634'3T"W 2.6.5"
PROPOS£D PROP£RTY L/NE AD.WS7AIENT BE71vEEN 7RACT5 OF LAND DESGR/BED � � ? - L A. �d G '& v [S.N. 12,776J y 3,'4";r. JGWI: G"
M D£ED 800K 5J5, PAGE 66J AND 800K SBO, PACE 399, WA9i/NGTON CPUNTY � ;�;.� - , 5 72LY36" K' ;:d/�
DEED RECOROS, P£R pN OF PGARD PLANNlNC FJL£NO. (AflSJ 2001-00024. � �� ^'°i ' I (UR16�N Ur�KNGwa; ,
IH£FOf/ND 7/2"l.P. AT 7Nf Nf CORNER OF LOT 9 AND THE FOUNO 5/8"l.R. . Y�Or �' I l_ �._ �'Y I
A7 7NE NW CORN£R OF 7RACT 2 IYERE HECD FOR LOCA7/ON PER SURIEY NO. 16757 � tO q -- � '
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AND USED FOR BASlS OF BEARINCS AS S 8954'24" W PER SAfO SURb£Y NO. 16157. -" � . �
iH£MOST IY�57ERLY llN£ WAS!.00AIED BY HOLDWG 7HE FOUND A/ONUIlFNIS AS - iO ,
SHONN P£R SURVEY NO.'S 13,580 AND i6,757. IHE MOST M£STERLY CQ4NER WAS >,c o °o' � _ -
LOCAIED BY HOLOlNG R£CORD D�STANCE OF 1��.51 FEET FRqU CORNfR MARKEO 'A' � , - �� REGISTEREO � � �
o s/e'�.rr. oow: �.s `I ; _;�,�,, : . PROFESSIONAL
EX�NOED TO 7HE NORIHfRLY RI,HT OF WAY LlNE OF 45 f'00T W1DE CAN7EFBURY LANE. 1� 1^o (LANG H1LL? v '�- `'� ,- :'
RFCORO �NTFRlOR AN(,'LE OF�10pV9'00" WAS NFfII PER SUR�£Y NO. 1$5B0 TO£STqB(.1SH I� -o �-��+�� '��
Tf1E RIGHi OF WAY ALIGNMENT OF CANTERBURY LANE `1 �n I - ��� LNNA SURNFYOR
°o --- --- ------- + _
MONUM£NTS FDUND�'ER PUT OF `LANG NILL" wERE H£Cp TO ES7ABL/SH ME SOUP�C/.'Lr S 89'<6�26' E 189.99' i �UF,dE YEU Jl:
U N E O F S U B J F_C T 7 R A C T. R E C O R D D/S 7 A N C£O F 3 J 2.6 5 F E E T P F R S U R V E"Y N O. J 2 7 7 6 W A S N f L D ��^ (S 89'4523'E 189.99')'L.H.' � �
TO LOCA7E 1HE SE CORNfR OF "CAN7ERBURY CREST 7NE FOUND r-a/4-�.P. �r naE Ne coaro�a ____ ___ . _ . . _ . '�� ANDY PARIS AND ASSOCIATES, INC.
Of LOT I1, "CAN7ERBURY CR£SY WAS HELD FOR LOCA770N AS SHOWN �ND HFLD IN Sf�RIEY MO.; OREGON 15962 BUGNES FEkk�l- k����P.',�
9746 AND fJ.580. � (S 89'A5'23'F 189.59')l.H.' w"µ•,��� L�1KE USWEGI., iiKG.i,�.)�: 47�
CON7ROLllNG ELfAIFNT$ OF RECORU: D£EDS: BCMK 555, PACF. 65J AND A(XNC SRO, PACf 399. .. 89'46'26' E 789.99' � !lFRU�,.f� N. SAI(� "'
PLAiS: "CANTERBbRY CRFSi', '(.ANG H111.°, "BRf£ WOODS",- SURbFY NO'S: 9M5, I1,R9I, 12.776, �}g_gg• � � � , � ua. F'H�. SU�--(:.$f+-.'�.�dl
J.8"1 R JOWN �.a' r1�_�- � 9
�3.580, +6.757. l6.R54, 19.192 AND 2<,?O5. ' N. U030"G9 E - 1 � sv .tvt: � .i'IRf�. JUi+i . . hl�: PH�JLGi. '�'
�CALE 1�� 60� �.ti�iL rf�t�.. ... �o�,�:.-r�. ..,
. .7ltAw1N[;: � 7 bo.�n Jlti�-
PRE-APPLICATI4N
CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4J71 FAX: (503) 684-7297
GENERAL INFORMATION
M / FOR STAFF USE ONLY
Applicant: 1� ! �r' � � �✓��' �1�l�t���
Addres��0�5 �l�rJ r?%Gr�YF.�� Phone: ���`'�'�7� Case No.: r��F Zc7o3—oo� I(
City:�(��'a ,.-,,,/ Zip: `'�������j Receipt No.: Z o03-�1a o
Contact Person: �� � l�one: �,310'101�J�v Application Accepted By: SSC
f �� Date: 2—3�03
Property Owner/Deed Holder(s): �J� �I� '
� DATE OF PRE-APP.: � /�, 03
, TIME OF PRE-APP.: cJ��
Address: I�S� S St� C�,v��ij/��RH�f�� � ✓ '�I� PRE-APP. HELD WITH:
Clty:����� Zlp: '�/�d� � Rev.7/1l2002 i:\curpin\masterstrevised\Pre-AppRequest.doc
Property Address/Location(s): ��i�j�� SL�J �,r•�-/�,Lj Lv► .
�C.(_ �Gf�;_���L � ��-.�� REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
Tax Map &Tax Lot#(s): ���/ ��/� U / ��
Zoning: ' � �� � Pre-Application Conf. Request Form
2 COPIES EACH OF THE FOLLOWING:
Site Size:
� Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that
you would like to have staff research
prior to the meeting.
All of the information identified on this form are required to be
submitted by the applicant and received by the Planning Division a �, Site Plan. The site plan must show the
minimum of one (1) week prior to officially schedulinq a proposed Iots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject prope�ty in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesday or ThursdaY morninqs. Pre-application conferences are � The Proposed Uses.
one (1) hour lonq and are typically held between the hours of Topographic Information. Include
9:00-11:00 AM. � Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN nce is for a
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM MONOPOLE project, the applicant must
8:00-4:OO/MONDAY-FRIDAY. attach a copy of the letter and proof in
the form of an a�davit of mailing, that
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE the collocation protocol was completed
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see Section 18.798.080 of the Tigard
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Community Development Code).
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE � Filing Fee $200.00
GROUP.
MEMORANDUM
�.�
CITY OF TIGARD, OREGON
TO: Morgan Tracy
FROM: Sherman Casper
DATE: February 14, 2003
SUBJECT: M.I.T.C.H. Charter School PRE-APP
Morgan
Debi Lorence of M.I.T.C.H. charter school had questions regarding the number of
toilets that would be required. Please pass this info along at the Pre-App meeting Feb
18th 9:00 as I will be out of town.
The number of toilets required per student for an elementary school is calculated as
fol lows.
First to determine the number of student by totaling the square feet of all classrooms.
Then divide that total by 50. This will give you the total number of students.
Half of this total is assumed to be boys and half girls.
The girls require one toilet per 25 girls.
The boys require one toilet per 30 boys.
Urinals are not required but if provided each urinal may replace on toilet but not more
than 50%
Thanks
S.S.
Note: See UBC Table 29-A
Brief Description of the Proposal:
• To operate a school K-1(No Da��care)
• Location: Canterbury� Crest 10575 SW Ca�terbun� Lane,Tigard.
• Taz Lot 2S110AAO15p0
• We will not putting up another sign out on street;
• We w�ill share this facilit�•with the ow�ners;
• We h�ill onh� be usin�thc doH�nstairs of their buildiog:
: qe»ill need t�o�modgel the doH�nstai�P ` �� N�� i S I S ��0 S�• �F�
S Ft��e are ro�osin to lease 5 5l)0 a roximate;— 3��, c � ' C
• We�ill share the eaisting parking lot; 'IS �x�SQx�.e 5 �-•-r
• Parents will drive and carpool their children to school;
• There are 30 plus parking spaces available for school use daily;
• Each grade will start school 15 minutes apart. Example might look like:4"'grade at B:OOam,
3rd grade 8:15,2"d grade 8:30,1"grade 8:�5,kindergarten 9:OOam;
• Kindergarten H�ill be over at either 12:00 or 12:30pm;
• Parents would pull into the driveway and circle around dropping their child off to be adult
escorted into the school and same procedure for picking up;
• Each grade has one class;
• 18 children approximate to each class;
• Approx.total 90 children(mavbe less depending on enrollment);
• Staffing 5 full time teachers,1 principal,and 1 office manager;
• Tolal approx.97 people
• We intend to put a playground at the lceation when we have the mone��to do so.
*see plot map for intended location
Contact information: Debi Lorence SU3-639-5757 wk,503-936fi1X cell
Feb 06 03 10: 20a p. l
M.I.T.C.H_ Charter School
11475 S.W. Gaarde Road Phone - 503-b39-5757
P_O. Box 230575 Fax - 503-670-1773
Tigard, OR 97281-0575 Email: mitch.charterschool@verizon.net
Fax Transmittal Form
To From �� �✓l �v / G� f `.-'�.�
F�s'� S�� �SS�1 - �z`�� M.I.T.C.H. Charter School
Phone - 503-639-5757
Fax - 503-670-1773
Email: match.charterschool@verizon.net
Number of Pages:
(including c;over pagej
n�55��:
� •. i�Yl�v� �y G�S��1. �
� �� i
i� �,_� �""`'�- `�
,�,�a-,S ��'�
� �i � Iti -�- �-er ���""�v �
� ��2�'�� .
�� { ��d ,
-�� U�v�. 5 � � � � � ��� � �
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Feb 06 03 10: 21a p, 2
� b� �� c�w�- N�-�rc N � 1���� �
C rt � 1, � � nC�r1,�'
�
Q u e s t i o n s f o r t h e F e b r u a ry 1 8, 2003 Pre a p plication Meeting:
E What is the difference in code for a room to be called storage, closet, air
handler, electrical or equipment room?
• VJhat has to be done to a room for those different names of a room?
�The owner of Canterbury Crest has three areas they want to continue to use,
downstairs will that affect codes.
o Can boys and girls use the same bathrooms?
Print-a-Map, SurveyNet,Washington County,OR
Page 1 of 1
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www.co.washington.or.us�surveynet
Sca1e 1 .184
This map was derived from several databases.
County Surveyar's Office The County cannot accePt reponsibility for any
Washington County errors,
155 N. First Ave., Suite 350-15, omissions,or positional accuracy and therefore
Hillsboro,OR 97124-3072 there are
www.co.washington.or.us no warranties for this produc� However,
(503)648-8723 notification of
errors would be appreciated.
Printed On: 11/21102,9:00:19 AM
1Nashington County, Oregon �
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PRE—APPLICATION CONFERENCE N�TES ���t�����mn�
S(iapirtgA 23eeter�'ommunity
(Pre-Application Meeting Notes are Valid for Siz (b) Months)
_ _. _ �
NON-RESIDENTIAL
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APPLICANT: ��'1 � � �bI AGENT: ���! Lr�!�c�
Phone: �' 3 - ��9•, Phone: �) 9 36- 6t9G
PROPERTY LOCATION:
ADDRESS/GENERAL LOfATION: l US 7S S�-✓ C..c���tr�n, Ln.
TAl( MAP(S)/LOT #(S): 'L� 1 I V f? 1 �O(7
NECESSARY APPLICATIONS: G(J� �C����Vte� I v� t'�,r'i�t� � r�
PROPOSAL DESCRIPTION: �S � S ti � S C�o�� I n C�� v ' n � t
�xcs c�"S� I�✓ n
MAP DESIGNAT ON:�N R�' I� CM��1�✓✓vl��,v,s i 4�. J
ZONING MAP DESIGNATION: � " I Z
CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA: J�v`�
ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Secben 18. �i(: )
MINIMUM LOT SIZE:a�-�, sq. ft. Average Min. lot width: � ft. Max. building height:�ft.
Setbacks: Front 1 S ft. Side 5 ft. Rear�_ft. Corner�,�ft. from street.
MAXIMUM SITE C�VERAGE: � % Minimum landscaped or natural vegetation area: -��%.
�NEIGNBORHOOU MEE11N6 [Refer to the Neighborhood Meeung Nandoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS
OF ANY LAND USE SUBCOMMITTEE(S), �4ND THE CITY OF TIGARD PLANNING DIVISION of
their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is
required. Please review the Land Use Notification handout concerning site posting and the meeting
notice. Meetinq is to be held prior to submitting your application or the application wiN not be
accepted.
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Applica6on Conference Notes Page 1 of 8
NON-Residential App6ca6onlPlanning�ivision Section
. ,
. [� NARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
[�IMPACT STUDY [Refer to Code Secbons 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parics system, the water system,
the sewer system and the noise impacts of the development. 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 the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
[�ACCESS [Refer te Chaptera 18.705 and 18.1651
Minimum number of accesses: � Minimum access width: U' .
Minimum pavement width: '��-`
All driveways and parking areas, except for some fleet storage parking areas, must be paved.
Drive-in use queuing areas: i
[� WALKWAY REQUIREMENTS [Refer to Code Secdon 18.705.0301
WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE
GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and
industrial uses, to the streets which provide the required access and egress. Walkways shall provide
convenient connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways should be constructed between a new development and
neighboring developments.
❑ SPECIAL SETBACNS [Refer to Code Chapter 18.7301
➢ STREETS: feet from the centerline of
➢ LOWER INTENSITY ZONES: feet, along the site's boundary.
➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK.
❑ SPECIAL BUILDING NEIGNT PROYISIONS [Refer to Code Section 18.730.010.BJ
BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a
height of 75 feet provided that:
➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist;
➢ All actual building setbacks will be at least half('h)of the building's height; and
➢ The structure will not abut a residential zoned district.
[�BUFFERIN6 AND SCREENIN6 [Refer to C�de Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
City requires landscaped buffer areas along certain site perimeters. Required buffer areas are
described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous
and evergreen trees and shrubs and must also achieve a balance between ve�tical and horizontal
plantings. Site obscuring screens or fences may also be required; these are often advisable even if
not �equired by the Code. The required buffer areas may o� be occupied by vegetation, fences,
utilities, and walkways. Additional information on required buffer area materials and sizes may be
found in the Development Code.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8
NON-Resideatial ApplicafionlPlanning Division Section
, The ESTIMATED REQUIRED BUFFER WIDTHS applicabie to your p�oposal area are:
feet along north boundary. feet along east boundary.
feet along south boundary. feet along west boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
[� LANDSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.1051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which a�e more than 100 feet in (ength. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further infoRnation on regufations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in orde� to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from v�ew.
These design features may include the use of landscaped berms, decorative walls, and raised
planters.
❑ RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersectivn of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
[�PARNIN6 [Refer to Code Sectlon 18.165.0401
REQUIRED rarking for this tyre of use: � ��cvS C���5/���+'!
Parking SHOWN on preliminary plan(s):
SECONDARY USE REQUIRED parking: 1 ���-�P���►M Or j spct� /Z �-ri �r�y
Parking SHOWN on preliminary plan(s):
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES.
PARKING STALLS shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet, 6 inches x 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet, fi inches x 16 feet, 6 inches.
Note: Parking space width includes the width of a stripe that
separates the parking space from an adjoining space.
Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can
be included as part of required parking space depth. This area cannot be included as
landscaping for meeting the minimum percentage requirements.
HANDICAPPED PARKING:
➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED
DISABLED PERSON PARKING spaces. The minimum number of disabled person parking
spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans
with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be posted.
➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and
in convenient locations.
❑ LOAOINC AREA REQUIREMEMTS [Refer to Code Section 18.765.0801
Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be
provided with a loading space_ The space size and location shall be as approved by the City
Engineer.
CITY OF TIGARD Pre-Applica6on Conference Notes Page 3 of 8
NON-Residen6al ApplicationlF�lx�ning Divisiai Section
BICYCLE RACKS [Refer to Code Sectlen 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIVE LANDS iRefer to Code Chapter 18.715)
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS �F 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the res onsibilit to recisel
identify sensitive land areas, and their boundaries, is the responsibilitv o the applicant. Areas
meetinq the definitions of sensitive lands must be clearlv indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Secbon 18.715.080.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical repo�t must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
� CLEANWATER SERYICES[CWSI BUffER STANDARDS [Refer to R&0 96-44/USA Regulatlona-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desi n Criteria:
The EGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
TABLE 3.1 VEGETATED CORRIDOR WIDTHS
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 96-44
SENSITIVE AREA DEFINITION SI.OPE ADJACENT 4 WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
1 >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 5�feet
• Rivers, streams, and springs with year-round flow
. Streams with intermittent flow draining >100 acres
• Natural lakes and onds
• Streams with inte�mittent flow draining: >25%
► 10 to <50 acres 30 feet
� >50 to <100 acres 50 feet
♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments f�om the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine(break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine6
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wedand boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protecGon. Intertnittent springs, located a minimum of 15
feet within the river/stream or weUand vegetated corridor,shall not serve as a starting point for measurement.
SVegetated corridor averaging or�educGon is allowed only when the vegetated corridor is certified to be in a ma�ginal or degraded condition.
6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirtns slope stability shall be maintained with the reduced setback from the top of ravine.
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8
NON-Residential Appl'�cationlPlanning Division Sec6on '
Restrictions in the Ve etate CoRidor:
� NO st�uctures, deve opment, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
CWS Design and Construction Standards.
Location of Ve etated Corridor:
I ANY RESI ENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corndor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
CWS Service Provider Letter:
PRIOR T SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
[� S16NS [Refer to Cede Chapter 18.7801 ��u�y s�y+�; ��� �tipas��
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign p�oposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be �led for
Director's review.
[J� TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ !�u� ��"'� �'�'"��
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of tots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size and species of all existing trees including trees designated
as significant by the City;
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
� Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program according to Section 18.150.070.D. of no net loss of trees;
� Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50%
of the trees to be removed be mitigated according to Section 18.790.060.D.;
� Retainage of 75°/a or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
[✓�MITIGATION [Refer to Code Secdon 18J90.060.E1 {F a�y '�s � r���c�
REPLACEMENT OF A TREE shall take place acco�ding to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damaged is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8
NON-Residen6al ApplicaGonlPlanning Division Section
➢ if a replacement tree of the size cut is not reasonably availabie on the local marlcet or would
� not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
� The number of replacement trees required shall be determined by dividing the estimated
caliper size of the tree removed or damaged, by the caliper size of the largest reasonably
available replacement trees. If this number of trees cannot be viably located on the
subject property, the Director may require one (1)or more replacement trees to be planted
on other property within the city, either public property or, with the consent of the owner,
private property.
➢ The planting of a replacement t�ee shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LlEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
� CLEAR YISION AREA [Refer to Code Chapter 18.7951
The Cit requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT �8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the �equired clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area.
❑ ADDRIONAL LOT DIMENSIONAL REQUIREMENTS [R�fer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/z times the minimum lot size of the applicable zoning district.
COOf,.CNAPTERS
`/18.330(Condi6ona�Use) 'I H.F)ZO(Tgarcl Triargle Design Standards) � �5.765(OffSUeet ParkinglLoading Requirements)
_ 18.340{Directors Interpretatan) 18.630(Washington Square Regiona�Center) 18.775(Sensitive�ands Review)
_ 18.350(P�anned oeve�ment) � 18.705�n�y�c�,�ti«,� _�18.780�sg�>
_ 18.360(site�evebpment rteview) 18.710(Aocessory Resieentia�uni�s) �8.785(Temporary use Pem�its)
_ �S.37O{VarianoeslAdjustments) 18.715(�ensity�or►�utations) 18.790 R�R�g
_ 18.380(zo���are�t Arr�dr�ts) 18.720(oesiyn�«npa�Tey standards) �18.795(v�sua���earance Areas)
� 18.385(Maoeuaneous Pem�ts) 'I 8.�25(En+rironmental Perfortnance Standards) ✓18.798(wire�ess Communication Facilities)
18.390���o�,��P�d��n�c sa,ay� 18.730(�ccepeons To oeve�o�nent standaros) _ 18.810(street�uwiry�mprovement standaros)
_ 18.410�.oc��Ad�a»�n�) 18.740(H�to�o,�tay)
_ 18.420(�and Panroons) 18.742�Ho�oca,�a�P�rt�>
18.430�su�a�� � 18.745(�.andscaping�screening standards)
� 18.510(Residentia�zoniny��stricts) 18.750(Manutactured�n�o�Home Reyu�ations)
_ 18.520�c«„�►��i zo��o�m�� 18.755(Mixed sdb waste�tecydirx,�st«age)
_ 18.530(�nd�stria�zoning��stricts) 18.760�No�,o�,ro��sm,a�«,s�
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8
NON-Residential AppficationlPlanning Division Section
CONCERNS OR COMMENTS:
r � �� s r , t � �v c�� �� �� � �,�(s �►�, 3��� v�c�C�).
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!C�('i� / r/Y�(iL'��rw:� I: .,ZG� ��) �i[.Qi7 l �7 .'.Jnl�L�i�'��.
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- [�.�1� D ra0 t��,��s�.1n �
PROCEDURE
Administrative Staff Review.
� Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICAflON SUBMIITAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin Division acce tance ma e
returned. he Planninq counter closes at 4:00 PM.
Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One �
8 z ' x ' ma o a ro ose ro ect shoufc� e submitte�c, or attachment to the sta re o�t or
administrat�ve decis�on. Application wit un o ed maps s a not be accepte .
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Appl'ication Conference Notes Page 7 of 8
NON-Residen6al App4caatioalPlanning Division 5ection
♦1 .T
The administrative decision or public hearing will typically occur approximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal p riod follows all land use decisions. An appeal on this matter
would be heard by the Tiga�d Gs�y C vJn;, ; l . A basic flow chart
which illustrates the review process is vailable from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective app(icant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the oppo�tunities and constraints affecting development of the
site.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
deveiopment approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
develo ment credits to the first buildin ermit issued in the develo ment (UNLE S OTHER ISE
DIRECTED BY T E DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS
OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e o
site planning that should ap ply to the develo p,ment of your site plan. Failure of the staff to provide
information required by the Code shall not constitute a waiver of the applicable standards or requirements.
It is recommended that a pros�pective applicant either obtain and read the Community Development Code or
ask any questions of City statt relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
�
PREPARED BY: ��� ' cL✓� � !7e L
[ITY OF TI ARD PIANNING DIY ION - STAFF PERSON NOLDING PRE-APP. MEETING
PH4NE: (503) 639-4111 FAX: (503) 684-7297
E-MAIL• (s�ffs first name)@ci.tigard.or.us
TITLE 18(UTY OF TIGARD'S COMMUNITY DEYELOPMENT CODE)INTERNET ADDRESS: www.cixigard.6�.11S
H:lpattylmasterslP�e-App Notes Commercial.doc Updated: 3-Oct-02
(Engineering sec6on:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8
NON-Residential ApplicationlPlanning�ivisan Section
. !
` CITY OF TIGARD
. .
P RE-AP P L I CAT I 0 N cm oF nawau,OREGON
community
CONFERENCE NOTES Sh�og A tytter
Pre-A lication Meetin Notes are Valid for Six 6 Months
_- -- - -- - - - .-
RESIDENTIAL
r-:=-
____
,�r�owE �Z/27/d 1
��vr� I����L�t�
APPLICANT: I�-�►�i7 �L�I n��-. _ AGENT: M�47r �(.G�/GTR
Phone: �e•�j Z'?1-'�3 7�1� Phone: � ) 5��.�
PROPERTY LOCATION:
ADDRESSlGENERAL LOCATION: J�S7S SuJ C�n�'��'� ��'t
TAX MAP(S)1LOT#(S): 2S 1 �d�}i4 ?o� lyvp 1 So�I
NECESSARYAPPLICATIONS:�S���Iv�SrJfV� v.�' �I�T� �Pl�:..�.�er� �✓��at�rn�r� ��
PROPOSAL DESCRIPTION: (�"� ��� S��c:���tS[ov► (Sinc�l� �ur►���, �efu.��eu��
COMPREHENSIVE PLAN � � I
MAP DESIGNATION: �tv�� C�2+�5� � r�tir � f -
ZONING MAP DESIGNATION: � f 2
CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: S c�v�1
tONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. �j� l (7L� ��k����v s���"��-�,���l,,;�°"
MINIMUM LOT SIZE: �,U��' sq. ft. Average Min. lot width: ��� ft. Max. building height:�ft.",�;�.
Set6ack� Front f S' ft.(�'►�y�r-y�'de S' ft. Rear�ft. Corner �o ft. from street.
M A X I M U M S I T E C O V E R A G E: C� % M i nimum landsca ped or natural ve getation area: ZL� %.
� NEI6HBORHOOD MEETIN6 [Refer to the Neigh6or600d Meeting Handout]
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE
APPROPRIATE CIT FACILITATOR, AND THE MEMBERS OF ANY LAND USE
SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and
the meeting date is required. Please review the Land Use Notification handout concerning site
posting and the meeting notice. Meeting is to be held prior to submitting your apqlication or the
application will not be accepted. �,r,� ��,r�;��, ���, N�{-�ce, �r� C,h1 oF ���ywr�I E lu+'^"'� ���'�`o'Y .
' NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 10
Residential App6catioMP�anning Oivisian 5ection
� NMRATIVE [Refer to Code Chapter 18.3901
� i he APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
[� IMPACT STUDY [Refer to Code Secdons 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. 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 larg e, public facilities systems, and affected private
property users. In situations where the Community Developme�t Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real prope�ty dedication requirement is not
roughly proportional to the projected impacts of the development.
� ACCESS [Refer to Chapters 18.105 and 18.7651
Minimum number of accesses: � a�-� !-Z a.�zl(�n� Minimum access width: 1 ��
Maximum access width: Minimum pavement width: 1 ��
�] WALKWAY REQUIREMENTS [Referto Code Chapter18.7051 1� M������ ��e 1''aP�`�� .
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
�� RESIDENTIAL DENSITY CALCULAiION [Refer to Code Chapter 18.1151-SEE EI(AAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s)from the gross site area: G f„�y S,k.: 331, ��G �'
All sensitive lands areas includin4: ���s f`��; -- �b,z ! I �(�2ow��p%j
➢ Land within the 100-year floodplain; ZL 8;�S d+
➢ Slopes exceeding 25%; • y' �
➢ Drainageways; and � 3,o Sa (��+sr�-)
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. ���83�r 6 Io� M��
Public right-of-way dedication: X �,8
➢ Single-family allocate 20°/a of gross acres for public facilities; or �,�y a,� 6g 1�t�, �'t�h
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
D(AMPLE Of RESI�ENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITNE LANDS
Single-Family Multi-Family
43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area
8.712 sq.ft. (20%)for public right-of-way 6,534 sq.ft. (15%)for public right-of-way
NET: 34,848 square feet NET: 37,026 square feet
- 3,050(minimum lot area) - 3,050(minimum lot area)
= mts er cre = i'. mts er cre
�rne�erelopment Cede requlraa tdat the eet sue�roa e�dst for me ae�whole dwelling unic NO ROUIIUIN6 UP IS PERMIITEO.
�Minimum P��1ec[Deasi4l Is BOX�f the ma�dmum allowed deasity.TO UETEBMIME TNIS STANUAR�,MULTIPLY TNE NUWMUM NOMBER OF UMITS BY.B.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 10
Residential ApplicatioNPlanning pivision Section
❑ . SPECIAI SEiBACKS [Refer to Code Section 18.7301 I� ��y �►� �Z�f����r l�.-�e a f�b}���,��r���op�:u�
' �- STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary structures'setback requir�ments]
❑ FlA6 LOT BUILDIN6 HEI6HT PROVISIONS [Refer te Code Chapter 18.7301
MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2'/� stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
[�J BUFFERIN6 AND SCREENING IRefer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
(; � deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
�a��- orizontal plantings. Site obscuring screens or fences may also be required; these are often
��y� advisable even if not required by the Code. The required buffer areas may o� be occupied by
� R vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
A and sizes may be found in the Development Code. �p,,,,;.�r,,,y 4�,���,f�� �-� ��,�,,,,;�,( �` ��' h�;�u
The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: �'6-�0��'''"��'�rcc.,
feet along north boundary. feet along east boundary.
feet along south boundary. feet along west boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
[� LANDSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.7051
�STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
�( RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 10
Residenfial P,pplicatioNPlanning Division Section
�] PARKIN6 tRefer to Code Chapters 18.765 a 18.7051
' ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and
One 1 space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide approQriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Sectlon 18.7651 �� M� �r'�PoSe�
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSRIVE LANDS [Refer to Code Chapter 18.7151 N�� �v�,� ,� o;;��a{u���
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to preciselv
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Secdon 18.715.080.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
� CLEANWATER SERVICES[CWSI BUFfER STANDARDS [Refer to R a 0 96-�14/USA Reguladons-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desiqn Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 10
Residential ApplicationfPlanning Divisan Sec6on
TABLE 3.1 VEGETATED CORRIDOR WIDTHS
� SnURCE: CWA DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION 8�ORDER 96-44
SENSITlVE AREA DEFINITION SLOPE ADJACENT 4 WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
• Streams with intermittent flow draining: c2�g�
�1 10 to <50 acres 15 feet
► >50 to <100 acres 25 feet
♦ Existing or created wetlands <0.5 acre 25 feet
♦ Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
• Streams with intermittent flow draining >100 acres
• Natural lakes and onds
• Streams with intermittent flow draining: >25%
� 10 to <50 acres 30 feet
1 >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine6
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated comdor,shall not serve as a starting point for measurement.
SVegetated conidor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condiGon.
6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confi�ms slope stability shall be mainiained with the reduced setback from the top of ravine.
Restrictions in the Ve4etate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in fhe
USA Design and Construcfion Sfandards.
Location of Vegetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
�- CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWA Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Senrice Provider Letter is not required.
❑ SIGNS [Refer to Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Section 18.190.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal wh re possible.
Tr�i,Si�o�la �, ��c� �r� �c(� ar►� -hC� -fb �1-r�e�t,Sv;�7. �z������ 5rzc, C�16h)�vypc.,A.����.,,��ho,� �h
p�rb--�.tit f(, .r. l.�u�-[ r� ' ,
CITY OF TIGARD Pre-Application Conference Notes (�w u���.��r�u�C,� � �ru-5 't�e� �}u,�,.�,a• Page 5 of 10
Residen6al AppGcationlPlanning Division SecOon
• THE TREE PLAN SHALL INCLUDE the following: �uryu�u.� G'�IG.����
� :> Identification of the location, size and species of all existing trees�including trees designated
as significant by the City;
➢ Identification of a program to save existing trees o� mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for fandscaping, streets and parking lots:
♦ Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net Ioss of trees;
♦ Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
♦ Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50°/a of the trees to be removed be mitigated according to Section 18.790.060.D.;
♦ Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITI6ATION [Refer to Code Section 18.790.060.EJ
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
♦ The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on othe� prope�ty within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU �F TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
� CIEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 10
Residential App6ca6oNPlanning Division Section
❑ WATER RESOURCES OVERLAY DISTRICT [Refer to Code Sectlon 18.797.0301
� The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard
Comprehensive Plan and is intended to resolve conflicts beiween development and conservation
of significant wetlands, streams and riparian corridors identified in the City of Tigard Local
Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while
establishing clear and objective standards to: protect significant wetlands and streams; limit
development in designated riparian corridors; maintain and enhance water quality; maximize flood
storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance
fish and wildlife habitats; and conserve scenic, recreational and educational values of water
�esource areas.
Safe Harbor:
The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING
GOAL 5 (Natural Resources) and the "safe harbo�' �rovisions of the Goal 5 administrative rule (OAR
660, Division 23). These provisions require that significant" wetlands and riparian corridors be
mapped and protected. The Tualatin River, which is also a °fish-bearing stream," has an average
annual flow of more than 1000 cfs.
Major Streams:
Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Depa�tment of Forestry
and have an average annual flow less than 1000 cubic feet per second (cfs).
➢ Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH
FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK.
Minor Streams:
Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry
maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North
Fork of Ash Creek and certain short tributaries of the Tualatin River.
Riparian Setback Area:
This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR
TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever
is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23-
090(1)(d).
➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in
accordance with this chapter.
➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance
with this chapter.
➢ ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no
riparian setback; however, a 25-foot "water quality buffe�" is required under Unified Sewerage
Agency (USA) standards adopted and administered by the City of Tigard.
❑ RIPARIAN SETBACK REDUC110NS [Refer to Code S�cdon 18.797.1001
The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR
ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of
structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better
protection for identified major stream resources is ensured through streambank restoration and/or
enhancement of riparian vegetation in preserved portions of the riparian setback area.
Eliqibility for Riparian Setback in Disturbed Areas.
TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that
the nparian corridor was substantially disturbed at the time this regulation was adopted. This
determination must be based on the Vegetation Study required by Section 18.797.100 that
demonstrates all of the following:
➢ Native plant species currently cover less than 80% of the on-site riparian corridor area;
➢ The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy
trees have not been removed from the on-site riparian setback area for the last five years;
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 10
ResidenUal Applica6onlPlanning Division Section
➢ That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating
� � removal of native plant species;
➢ That there will be no infringement into the 100-year floodplain; and
➢ The average slope of the riparian area is not greater than 20%.
(� FUTURE STREET PLAN AND EIRENSION OF STAEEiS [Refer to Code Section 18.810.030.�J
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
� ADDITIONAL LOT DIMEMSIONAL REQUIREMENTS [Refer to Code Secdan 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/z times the minimum lot size of the applicable zoning district.
� BLOCKS [Refer to Code Sectlon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way line except where street location is precluded by natural topography, wetlands
or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CO�E CHAPTERS
_ 18.330�co�an;o�i u�> 'I 8.F)ZO(Tgard Triangle Design Standards) .�L 'I$.�F)5(OffStreet Pa�krc�glLoading Requirements)
1 S.�O(Directors Interpretation) 18.630(wasninyton syuare Re9iona��enter) _ 18.775(sensitive�ands Review)
� 18.350(P�anned oeve�oprr�ent) � 18.705(Aocess�9ress�cirou�ation) - 18.780(syns)
� 18.360(site oeve�opment Review) 18.710(Aocessory Residentia�units) 18.785(Temporary use Pemiits)
_ 18.370(variar�Ad�ustments) .-,� 18.715�o�,sny com�nae«,s� �L 18.790(Tree Remo�aq
_ 18.380(zoniny Maare�t Amendments) �' 18.720(�n corr�ati�iry standards) - 18.795(v�ua���earance Areas)
18.385(Misce�laneous Permits) '✓ 18.725(Environmental Perfomiance Standards) _ 18.797(Water Resources(wR)Overlay Distrid)
✓18.390(�easion tu�a�ing Prooeduresnmpact study) 18.730(Exceptions To Devebpment Standards) 18.798(wireless Communication Fadlities)
_ 'I H.4�O(Lot Line Adjustrnents) 18.740(Historic ove�ay) �L 18.810(street&utinty�mprovement standards)
18.420(�and Partitions) 18.742�H�o�«,�r�a��
i�18.430�s��a��� � 18.745(tandsca�ing�s«eenny standards)
� 18.510(Residenea�zonirx���stricts) 18.750(Manu�acturedm�o�Home Re9u�ations)
_ 18.520(Commercial Zoning Distric�s) � �H.755(Moced Solid WastelRecydirg Storaye)
_ 18.530(�neustria�zon��istrias) 18.760�No�,�r�,�sm,a��
CITY OF TIGARD Pre-Application Confe�ence Notes Page 8 of 10
Residentlal ApplicatiaUPlanning Division Sec6on
ADDITIONAL CONCERMS OR COMMENTS:
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�r.�,n 5 Du,rL �,/L�.5 �v�� _ .�t v��u �0'�5 a ��5��, St.r��. � I�r_�ri�, 1 u��Lr.
PROCEDURE C`��������y���)
✓ Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMIITAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dropped off at the counter without Planning Division acceptance may be
returned. The Planning counter closes at 4:00 PM.
Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One�11.
8'/Z" x 11" map of a proposed project should be submitted for attachment to the staff report or
administrative decision. Application with unfolded maps shall not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 10
Residential ApplicatioNPlanning Division Section
The administrative decision or public hearing will typically occur approximately 45 to 60 days after an
, �pplication is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal period follow all land use decisions. An appeal on this matter
would be heard by the Tigard �jcZr;�r�n: -� . A basic flow chart
which illustrates the review process is avai able from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PUIT NAME RESERVATION [Caunty Surueyo�'s Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
development credits to the first building permit issued in the development (UNLE OTHER ISE
DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS
OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e o
site planning that should ap ply to the development of your site plan. Failure of the staff to provide
information required b the Code shall not constitute a waiver of the a pficable standards or requirements.
It is recommended tha�a pros�pective applicant either obtain and read t�ie Community Development Code or
ask any questions of Cit statt�relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
�/
PREPARED BY: �IZ(,/-}r� ('i'��-r.�
CITII Of TIGARD PIANNING DIVISION - STAFF PERSON NOLDING PRE-APP. MEETING
PHONE: (503) 639-4111 FA%: (503) 684-7241
E-MAIL• (sGffs first name)@ci.tigard.or.us
nnE�e(CITY OF TIGARD'S fOMMUNITY DEYELOPMENT CODE)INTERNET AODRESS: YYWW.Ci.ily81'd.01'AS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 1-Nov-2001
(Engineering sec6on:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes � Page 10 of 10
Residential ApplicatioNPlanning Divisan Section
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� � . PRE-APPLICATIOH CONFERENCE NOTES
➢ ENGIHEERING SECTION Q �'�''nge�,°���
Developmen�
Shaping A Better
Communit
PUBLIC FACILITIES T8x M8p[sl: 2s��oAu
Tax LoaSl: 1400 a 1500
use 1yme: suhdiuision
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-of-way dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Canterbury Lane to 30 feet from centerline (minor collector)
� SW (new streets) to 42 to 50 feet total (depends upon ADT)
❑ SW to feet
❑ SW to feet
Street improvements:
� 1/2�et improvements will be necessary along SW Canterbury Lane, to include:
� �feet of pavement from centerline to curb.
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk curb tight (match existing)
� street trees spaced per TDC standards.
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF TI6ARD Pro-Applicatlon Confaronce Notes Page 1 N 6
Eoslo��rin'9quvoe�t S�eU��
� , , ❑ Other:
� Full-width street improvements will be necessary along SW (new streets�, to include:
� 24 to 32 feet of pavement curb to curb (depends upon anticipated ADT�
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk both sides.
� street trees spaced per TDC standards
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
CRY OF TI6ARD Pre-Appltcatl�n C��eronce N�tes Page 2 ef 6
Eaflu�rl������rant E�etln1
� . . ❑ street trees
❑ street signs, tra�c control devices, streetlights and a two-year streetlight fee.
❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to execute a non-remonstrance agreement
which waives the property owner's right to remonstrate against the formation of a local improvement
district. The following street improvements may be eligible for such an agreement:
(1.)
�2.)
Overhead Utility Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 27.50 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW Canterbunr
Lane. Prior to approval of the final plat, the applicant shall either place these utilities
underground, or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Canterburv
Lane. The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to extend public sewer lines into the development inside the new public streets, and
provide laterals to each lot.
The applicant shall also extend public sewer lines to the upstream boundaries of fhis site fo provide
service to adjacent parcels and future development (if deemed necessary).
Water SupplV:
The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
CITY OF T16ARD Pre-Applicatlon C�meronce Netes Page 3 N 6
Eneluerlq e�p�rtw�nt Ssctl��
, �r�formation regarding the �uacy of circulation systems, th� eed for fire hydrants, or other
� 'questions related to fire prot�._.,on.
, .� ,
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
Onsite detention is requrred. Provide sizing calcu/ations with the SUB application.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
� Construction of an on-site water quality facility.
❑ Payment of the fee in-lieu.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) A traffic rmpact report will be required to be submitted along with the SUB application. The report
should be prepared to meet ODOT sfandards, and musf be submitted to ODOT sfaff as wel/ as the
Cify. ODOT will interested in any impacts fo the infersection af 99W. 2) The block/ength proposed by
this p/an exceeds fhe TDC maximum of 1800 linea!feet. The applicant will need to explore how they
can meef this standard. !t appears they could provide a street connection between the two longer
sfreefs to reduce the block length. �) v�� c�z �rs -c, �� s� y�, ,.�„F, �a
s;ac�cc ��.k -� ►�c o�� s;�b�c�s. 4� v�u�t r�...4c- v�,�ut. �. c,.�o�-�
S'ra►�i�?S . �� ).JI w.. S'C� c-t�CE�.��c �-AO I� _ �`
TRAFFIC IMPACT FEES
CIT110f TIGARD Pre-Applicatl�a C�meronce N�tes Fage 4�I 6
E��t�.•d.��•��rt�..t a.etla
- Jrt 1990, Washington Coun' iopted a county-wide Traffic Imp2 �ee (TIF) ordinance. The Traffic
� �Impact Fee program collea,, rees from new development bas�,. on the development's projected
, �np�ct upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of building permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than
$5,000.00.
Pay T!F with each building permit. SW Canterbury Lane improvements are not T!F creditable.
PERMITS
Engineering Department Permits:
Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering
Department. There are two types of permits issued by Engineering, as follows:
Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way
or easement, such as sidewalk and driveway installation or repair, and service connections to
main utility lines. This work may involve open trench work within the street. The permittee
must submit a plan of the proposed work for review and approval. This type of permit requires
a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee,
an administrative deposit will be required. In addition, the permittee will be required to post a
bond or similar financial security for the work.
Compliance Agreement (CAP). This permit covers more extensive work such as main utility
line extensions, street improvements, etc. In subdivisions, this type of permit also covers all
grading and private utility work. Plans prepared by a registered professional engineer must be
submitted for review and approval. This type of permit requires a deposit to be submitted with
the construction plans. The amount of the deposit depends upon the overall value of the public
improvements. The City will track its costs throughout the life of the permit, and will either
refund any remaining portion of the deposit, or invoice the permittee in cases where City costs
exceeds the deposit amount. The permittee will also be required to post a perFormance bond,
or other such suitable security, and execute a Developer/Engineer Agreement which will
obligate the design engineer to perform the primary inspection of the public improvement
construction work.
Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s),
the work shall be deemed complete and satisfactory by the City in writing. The permittee is
responsible for the work until such time written City acceptance of the work is posted.
NOTE: If an Engineering Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Diuision.
CITY OF i16ARD Pr�-Appllcatlon CaMeronce Notes Page 5�f 6
E��Iu�r1������rt�nt S�etl��
. �uilding Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
' det�iled explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
Building Permit (BUP). This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: r� �= '-� +
E NEERING DEPA MENT STAFF
Phone: [5031639�41T1
Fax: [50316847297
i:\engl6rianrVtemplateslpreap notes-eng.dot
CIiY OF TI6ARD Pre-Appllcatlon Cmf�r�nce Notes Page 6�f 6
Eq�.••M���q�ru.��t s�en•■
. ��•,
� �`
' - r � LAN D TEC H
.��._
�� INCORPORATED
�� � Engineering•5urveying�Planning
and Environmental Consulting
December 7, 2001
City of Tigard Planning
13125 S W Hall Boulevard
Tigard, OR 97223
Re: Proposed Development of Canterbury Parcel
To Whom It May Concern:
The following is a brief discussion of the development layout for a 7.6-acre parcel of land
located on Canterbury Lane. The subject site is zoned R-12. A recent property line
adjustment has changed the geometry of the site to separate the retirement home property
from this developable parcel.
The enclosed layout demonstrates a 69-lot subdivision designed for the construction of
detached single-family dwellings. The applicant has proposed a looping street offof
Canterbury with a right-of-way width of 46 feet and a paved surface of 28 feet. This
street section allows for sidewalks on both sides. The proposed development has been
designed to comply with the applicable R-12 requirements.
The applicant would like to discuss the following topics at the pre-app:
• Access and Circulation
• Tree Mitigation
• Water Quality and Detention
• Process for Subdivision Application
If you have any questions prior to the conference please contact me at my office.
Profess' lly,
Matt ellner
Land Tech, Inc.
visit u5 at: www.landtechesp.com
Portland: 8835 SW Canyon Lanc� • Suite #4U2 • Portland, UR 9722i • Phone: 1503) 291-9398 • Fax: (503) 291-1613
Vancouver: 100 East 19th Street • Suite #600 • Vancouver, WA 9866; • Phone: (360) 735-1679 • Fax: (360) 693-8951
G: \DWG\riverside\canterburyl .dwg Fr� Dec 07 ;] 36 04 2001 MATT
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� /'” �� // _ _��_ 13125 SW Hall Blvd
� j'� f � ��' `'�-�-� � � Tigard,OR 97223
�� � � I (503)639-4171
,...�... ���' �`�� `� +` httpYlwww.ci.ligard.or.us
Community Development Plot date:Nov 27,2001;C:ImagiclMAGIC03.APR
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Washington Counry,Oregon 20�4-003895
RETURN RECORDED DOCUM- �T TO: r -�2004 09:47:56 AM
. CITY HALL RECORDS DEPAI �.NT, Cnt■� stn■zt RECORD81
CITY OF TIGARD S��.�0 56.00 511.00•Total=S32.00
13125 SW Hall Blvd.
Tigard,OR 97223
00518673200400038950030D37
I,J�rty Han�on,Dlnctor of Au�aem�nt and hxatlon �+"�"'�,.
and ExAfliclo County Cl�rk for Wuhlnpton County, �'y
� ��
Onpan,do h�nby c�rtly that th�wlthln Irntrummt at!°f
wrltlnp wa�nulv�d and ncord�d In th�baok of �J' + :�;�
CORPORATION neords ol s�ld county.
�.�."�" ��:.. ,�'�
J�rry R.H�nwn,Dlr�ctor n�nm�nt and T�x�pon,�.�,7���
ExdMelo County Cl�rk
FileNo. �%�J r ��'3`����
DEDICATION DEED
FOR ROAD OR STREET PURPOSES
Space above reserved f'or Washington Coa�nry recorcfing informatiors
Bochasonwasi Shree Akshar Purushottam Swaminarayan Sanstha-West does hereby dedicate
to the pubtic a perpetual right-of-way for street,road,and utility purposes on, over,across, under, along, and
within the following described real properties in Washington County, Oregon:
Attached Exllibit "A"
To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes
hereinabove stated.
The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and
encumbrances, they have good and legal right to grant their right above-described, and they will pay all
t�es and assessments due and owing on the property.
The true consideration for this conveyance is $ 0.00 . However, the acri�al consideration consists of or
includes other property or value given or promised which is the whole consideration.
IN WITNESS WHEREOF, I hereunto set my hand on this Thursday of December 11`�', 2003.
Bochasanwasi Shree Akshar Purushottam
Swaminaravan Sanstha-West
Name of Corporation Signature
1510 N. 15` Street, San Jose,CA 95112
Address Title
P,�.�-� �
Signatnre
1're��I e�c-
Tax State�nent Mailing Address (ifdijferentfrom above) Title
�L.�`�����
STATE OF$�9�F )
��..f-a C�Cirq,)ss.
County of� )
This instrument was acknowledged before me on �z�. I l�` ,tb c�3 (date)by 1 Y�--�AS� 9a.J�-�
f— _�- �- (name(s)of person(s))as
! �'�� � � (type of authority,e.g.,officer,hustee,etc.)
of Pjoc-�a,6s���c Lt 5�re��(ciP,� u.us�w�...-(name of party on behalf of whom instrument was executed).
S,�KIM.u_+1a�v�4.-v.5�a`�'.2- l-�/¢2!"
us�+�s.P�� ��
_ i' Commistbn�1424462 �
�;n`� Noiary Publ�-Colitornia _
v'�. Santa Claw CounN Notary s Sib ature
��,�.
� MY C�•����'�4�2�� My Commission Expires: ��-�-�-� 1 Lf- 0��1
Accepted on behalf of the City of Tigard this 2Z'� day of ��-��+++bc✓ ; 20��
Q � P. ��.�,.
City Engineer
C:1Daumen�and SetlingslUshauocal SetfingslTemporay Intemet Faes\OLK3EIDEDICATION FOR RIGHT OF WAY CDRP DOC.doc
. iiiiiiii i��iiii�����►�������
A ROADWAY DEDICATION IN THE SE '/4 OF SECTION 34, T.1 S.,
R.1W., W.M., CITY OF TIGARD, WASHINGTON COUNTY,
OREGOM.
BEGINNING AT THE NE C4RNER OF THAT TRACT OF LAND
DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NO.
2000034159, THENCE S1°27'38"W 238.40' TO THE NORTH LINE
OF SW TIGARD STREET (BEING 20.00' NORTHERLY OF
CENTERLINE). THENCE ALONG SAID NORTH RIGHT OF WAY,
N88°16'15"W A DISTANCE OF 358.83' TO THE INTERSECTION OF
THE NORTH LINE OF SAID TIGARD STREET AND THE EAST
LINE OF SW 115TH AVE. �BEING 40.00' WIDE), THENCE ALONG
THE EAST LINE OF SAID SW 115TH AVE., N1°28'18"E A
DISTANCE 4F 238.85', THENCE S88°11'49"E A DISTANCE OF
7.00', THENCE S1 °28'18"W A DISTANCE OF 204.97' TO THE
POINT OF CURVATURE OF A 27.00' RADIUS CURVE LEFT,
THENCE ALONG SAID CURVE LEFT A DISTANCE OF 42.29' (THE
LONG CHORD OF WHICH BEARS S43°23'S9"E A DISTANCE OF
38.10'), THENCE S88°16'15"E A DISTANCE �F 324.95' TO THE
EAST LINE OF SAID DEED, THENCE S1°27'38"W A DISTANCE OF
7.00' TO THE P41NT OF BEGINNING.
THfS DESCRIPTION PREPARED BY
J�E H. FERGUSON, PLS 2445
REGISTERED
PROFESSIONAL
LAND SUnVEYOR
� � �—
0 E i�
JUL , 1990
UOE H. FERGUSON
2445
' � RIGH , 0 � WAY DEDICf-, � ION
NOT TO SCALE
BEGINNING OF DEED �ppppy��59
I
+ HELD
1/2'IP
�5�2)) HELD
INRIAL POINT 1/2'IP
see��i•+e'E �se.�e' (s(z))
588'11'49� .Op'
NE CORNER DEED DOC. N0. 2000034159/
I I
I
W � a g
>a N+ � g N
� ml � �
� I �I �
N 'V
2 y
3 �
N
7.00' ROAD DEDICATION
+ DELTA-89'44'32'
I R�27.00'
� L-42.29'
LC�5�3'23'S9� 38.10' HpD
� 1/2'IP
324.95• 51'27'3B1N 7.00' (S(2))
S88't7'28'E 180.87'
gg NBB'16'15�p 35D.9J'
� o
� N
c�uNE — —�
HEin 1 5W TIGARD ST.— Nee�,e•�5w �°5°.es, �oso.e,(,� r
2 1/2' BRASS DISC ��S OF BEARING
(PER 2028�
REGISTERED
PRUFESSIONAL
LP,f�dU S!;r:`�rtY"OR
Boundary
, F���� Locaters
JOE LY. FER u orv 8124 S.E. TAYLOR CT.
2445 PORTLAND, OR 97215
(503) 261 -0272
PROPERTY ADDRESS: JOB N0. 02-171
11435 SW 115TH
TIGARD, OREGON DRAFTED 1 1/20/03
IIIIIIII IIIIIII IIII IIIIII�II
2004-3895