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MMD2007-00002 MMD2007 00002 TIGARD ASSEMBLY OF GOD City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, UR 97223 January 25, 2007 • • Tigard Assembly of God Attu: Thomas Frisinger and Kelly GrosJacques T I G A R D 11265 SW Gaarde Street Tigard,OR 97224 RE: Tigard Assembly of God Minor Modification MMD2007-00002 Dear Pastor Frisinger and Pastor GrosJacques: This letter is in response to your request for a minor modification (M D2007-00002) of an existing conditional use (CUP89-02) at 11265 SW Gaarde Street, WCTM 2S103DC, Tax Lot 1000. You have proposed to build a 1,792 square foot accessory classroom building at the Tigard Assembly of God/Gaarde Christian School. The proposed use is permitted m an R-3.5 zone,subject to the criteria in Section 18.510.060 of the development code. The submitted site plan reflects current and proposed conditions. Analysis of Modification Request: Section 18.330.020.B.2 provides approval criteria for minor modifications of an approved or existing conditional use. The Director shall determine that a major modification has resulted if one or more of the changes listed below have been proposed: a. A change in land use; The applicant does not propose to change the land use. The use of the site remains a religious institution. Therefore,this critenon is met. b. An 10% increase in dwelling unit density; This criterion does not apply because the proposal does not involved residential development. c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; The proposal does not include a change to the location of access ways and parking areas. Therefore,this critenon does not apply. d. An increase in the floor area proposed for non-residential use by more than 10%where previously specified;The total building floor area is increased by 8.8%. Therefore,this criterion is met. e. A reduction of more than 10% of the area reserved for common open space and/or usable open space;From the analysis in subsection g below,it is unlikely that the existing common/usable open space (lawns and playground) is reduced by more than 10%. Therefore,this cntenon is met. f. A reduction of specified setback requirements by more than 20%; The proposed accessory classroom building will reduce the side yard setback to 30 feet,which exceeds the requirement of 20 feet for religious institutions. Therefore,this criterion is met. g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or(3) Landscaping provisions; and The proposal does not involve reducing recreational facilities or screening. However, the proposed classroom building will reduce landscaping. The existing landscaping totals 1.626 acres of the 3.28-acre site. The proposed classroom space will remove 1,792 square feet of landscaping, reducing total landscaping by about 2.5%. Therefore,elimination of project amenities will not be more than 10%. h. A 10% increase in the approved density. This criterion does not apply because the proposal does not involve residential development. Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Section 18.330.020.C.3 states that a minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that a. The proposed development is in compliance with all applicable requirements of this title; and From the above analysis, staff concludes that the proposed development complies with all applicable requirements of this title. b. The modification is not a major modification. Because the proposed modification does not cause any of the changes in a through h of the above section,the proposed modification is not a major modification. THIS REQUEST HAS BEEN APPROVED BY THE CURRENT PLANNING DIVISION. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. This request is determined to be a minor modification to an approved site development plan. The Director's designee has determined that the proposed minor modification of this existing plan will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. If you need additional information or have any questions,please feel free to call me at (503) 718-2712 or stop by the Permit Center at City Hall, 13125 SW Hall Blvd,Tigard,OR 97223. Sincerely, r roily Assistant lanner Page 2 of 2 ii, Z CITY of TIGARD 1.13., • GEOGRAPHIC INFORMATION SYSTEM' VICINITY M ].L FAIRH a Y I FAIRHAVEN 1,14% M1VD2007-00002• freil------' ■■ TIGARD ASSEMBLY w OF GOD/GAARDE . - FAIRHAVEN CHRISTIANSGHOOL '( .--' Q CLASSROOM AIRVIEW LN ADDITION �.. . „ . •.N I L L 1 I I 1 ARDN PARK v IIiiui ,i—r Nir willi„,, ,_ 1>c........L. VI T I. ,,-, ii .. a' ` ' 4 , I I 1 1 I , � . ��,� ST = r_ �:. GAARDE ST � � -� G L \s ' SW COL: LN Tigard Area Map �, IIII i 111 • ■ N Q 0 100 200 300 X00 Feet ( �� 1".306 feet N- V'. w i .4 TIGARD ■ 4 D i -I . Information on this map is for general location only and , should be verified with the Development Services Division. 13125 igar.O Hall Blvd ,� //�\ Tigard.OR 9171 / \ /www.39-4171 http://www.ci.tlgard.orus Community Development . Plot date:Jan 26,2007;C:\magic\MAGIC03.APR C-3TY OF d IGARD } r`°,t thou .ri ' P<1.- For( ni)7 tree work as described in: PE.P.MIT NO. n1 NEW'.50'E 59' _ See Letter to: Follow........_......_-1111-..--- [1 VAGINNTY l AP Attach.. — [ \� r� -- J0b Address Dee—gr \ ����������� 91 = 7� , Sly h \ (11)EY151•Y,PKA�Y.501..5.AC_PAM ; CANirMAi ' -- /I4+a = 1.491,1\ SAY.C%"ILE N. „ _ �/ -4 ,W.n�:N;�1�or, o o z 1. - 0 0 _ ' •• / 1 cili 9_C4 • CY151TG e%15Ni 0.A'hF'OOI.IS OT�CFEiE .r��W\\� \ RAY 1EM HUM( 1.000`A.H. FRO'0200.A532OOM MOM 1.797:C.I1. Ar 1 E=1 $ nnevnJe N/A f Nf3 E0 FLOM EL.Y.➢.5' .A r i KIM EYEi W 8. �+ AOA 1 O 1-\— / \ ExIi1PY .J 8 ` C) 1FA �. E-1 O'FY2 iI - - \ p C__ E-7 Y �1 EXI51N6 LPNSCPPE 5YMCA-5 E (1 __) Ci ■ FL !�[7rM��7f1a•7J Y DY7IYa611kE V \ \ C��j ' «x.Pe2 mE \ L'wN e 911.0 c 2 cx/ nnr 1 . 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A - - ez/ /70/-- (Person that Prep. -. otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 3/" day of ! .�. - � —d ,2007. f OFFICIAL SEAL DIANE M JELDEAK8 NUTARY PUBLIC COMMISSION NO S � CQp EXPIRES APT.25.2007 r N TARY PUBLIC O •REGON My Commission Expires: V-24/"7 EXHIBIT A City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigara, OR 97223 January 25, 2007 Tigard Assembly of God Attn: Thomas Frisinger and Kelly GrosJacques T I G A R D 11265 SW Gaarde Street Tigard,OR 97224 RE: Tigard Assembly of God Minor Modification MMD2007-00002 Dear Pastor Frisinger and Pastor GrosJacques: This letter is in response to your request for a minor modification (M D2007-00002) of an existing conditional use (CUP89-02) at 11265 SW Gaarde Street, WOTM 2S103DC, Tax Lot 1000. You have proposed to build a 1,792 square foot accessory classroom building at the Tigard Assembly of God/Gaarde Christian SchooL The proposed use is permitted in an R-3.5 zone,subject to the criteria in Section 18.510.060 of the development code. The submitted site plan reflects current and proposed conditions. Analysis of Modification Request: Section 18.330.020.B.2 provides approval criteria for minor modifications of an approved or existing conditional use. The Director shall determine that a major modification has resulted if one or more of the changes listed below have been proposed: a. A change in land use; The applicant does not propose to change the land use. The use of the site remains a religious institution. Therefore,this critenon is met. b. An 10% increase in dwelling unit density;This criterion does not apply because the proposal does not involved residential development. c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; The proposal does not include a change to the location of access ways and parking areas. Therefore,this criterion does not apply. d. An increase in the floor area proposed for non-residential use by more than 10%where previously specified;The total building floor area is increased by 8.8%. Therefore,this criterion is met. e. A reduction of more than 10% of the area reserved for common open space and/or usable open space;From the analysis in subsection g below,it is unlikely that the existing common/usable open space (lawns and playground) is reduced by more than 10%. Therefore,this criterion is met. f. A reduction of specified setback requirements by more than 20%; The proposed accessory classroom building will reduce the side yard setback to 30 feet,which exceeds the requirement of 20 feet for religious institutions. Therefore,this criterion is met. g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or(3) Landscaping provisions; and The proposal does not involve reducing recreational facilities or screening. However,the proposed classroom building will reduce landscaping. The existing landscaping totals 1.626 acres of the 3.28-acre site. The proposed classroom space will remove 1,792 square feet of landscaping, reducing total landscaping by about 2.5%. Therefore,elimination of project amenities will not be more than 10%. h. A 10% increase in the approved density. This criterion does not apply because the proposal does not involve residential development. Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Section 18.330.020.C.3 states that a minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and From the above analysis, staff concludes that the proposed development complies with all applicable requirements of this title. b. The modification is not a major modification. Because the proposed modification does not cause any of the changes in a through h of the above section,the proposed modification is not a major modification. THIS REQUEST HAS BEEN APPROVED BY THE CURRENT PLANNING DIVISION. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. This request is determined to be a minor modification to an approved site development plan. The Director's designee has determined that the proposed minor modification of this existing plan will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. If you need additional information or have any questions,please feel free to call me at (503) 718-2712 or stop by the Permit Center at City Hall, 13125 SW Hall Blvd,Tigard,OR 97223. Sincerely, milt' ' ; Assistant lanner Page 2 of 2 . �����, ■O CITY of TIGARD —J GEOGRAPHIC INFORMATION SYSTEM i ■ t— VICINITY MAP , . Y 1 FAIRHAVEN IPPAim . IDE L.I- FAIR _ MMD2007-00002 TIGARD ■■ ■ OF GOD GSAARDE III _�_-> 1 AIRHAVEN CHRISTIAN 4AEWLN Q ai` _ ■ISM' a,A.SSROOM ADDITION 4101r - y ��� •�N 111 Mina Jilir 1111111111 - N.4% kilt • V n ,It ,T . ` `_.L. ■i . -... 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I T E PLAN Sheet / ff EXI5ITIN6 LANSGME LAYOUT of / 2S103DC-01000 EXHIBIT C� TIGARD ASSEMBLY OF GOD 11265 SW GAARDE ST TIGARD, OR 97223 APPLICANT MATERIALS h1INOR MODIFICAMON ij.>H,IV TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION �, r Property Address/Location(s): 11 )L6,S S l.�) co t-Le ¶ • Tax Map & Tax Lot#(s): aS i 03 Oct!)1 000 FOR STAFF USE ONLY Site Size: 3 , o� g r Case No.(s): AI m D Z i5 -0\51)0z Applicant*: I - as_.* 4 .M-b1 ■J .+� Other Case No.(s):2..001 - 4 i IL/ Address: ... -AM- ME .r::nTI Receipt No.: City/State: t fF j t2 , Zip: ri 2 .. 1-4 Application Accepjed By: `-d/ Primary Contact: 71110"4 5 F2-%S 1?VI Ia. V osa& u ate: V1/41-41- 9 /O 7 Phone: 5-03- ` 3 " 553 3— 0 Fax: 0 w4'^6 Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: y....,2... C / Rev.7/1/05 is\curpin\masters\revised\minormod.mst Address: Phone: City/State: Zip: * When the owner and the applicant are different people, the applicant must REQUIRED SUBMITTAL ELEMENTS be the purchaser of record or a lessee in possession with written (Note: applications will not be accepted authorization from the owner or an agent of the owner. The owner(s) must without the required submittal elements) sigh this application in the space provided on the back of this form or submit a written authorization with this application. application Form PROPOSAL SUMMARY / The owners of record of the subject property request permission for a Minor Ltd Qwner's Signature/Written Authorization Modification. To review a modification as a Minor Modification, the Director 12/v-Title Transfer Instrument or Deed must first find that the expansion does not invoke one or more of the 11 � � criteria discussed within Section 18.360.050(B) of the Tigard Development LAY Site Development Plan (3 copies) Code. If the modification exceeds the maximum allowed under any one or more of the following criteria, a Major Modification review is required. =Site/Plot Plan (reduced 81/2"x 11") Major Modifications are processed in the same manner as a new Site r "` Development Review. In a separate letter, please address the criteria below ❑ Applicant's Statement (3 copies) contained in Section 18.360.050(B) including a detailed response to each - (Addressing Criteria Under Section 18.360.050(B) criteria. L—�li F/iling Fee $545.00 1. An Increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. Jurisdiction: 'ty ❑ Urb 3. A change that requires additional on-site parking in accordance with Chapter 18.765. In addition, the Director must find that the 4. A change in the type of commercial or industrial structures as defined by the proposed change complies with the underlying Uniform Building Code. standards of the applicable zoning district. To 5. An increase in the height of the building(s) by more than 20%, complete this review, the Applicant's proposal 6. A change in the type and location of accessways and parking areas where off-site must include a discussion indicating how the traffic would be affected. site expansion will continue to comply with the 7. An increase in vehicular traffic to and from the site and increase can be expected minimum setback, building height, parking to exceed 100 vehicles per day. land landscaping standards. Other applicable 8. An increase in the floor area proposed for a non-residential use by more than 10% requirements such as minimum Clear Vision excluding expansions under 5.000 square feet. areas near driveways and street intersections 9. A reduction in the area reserved for common open space and//or usable open may also be applicable depending on where space that reduces the open space area below the minimum required by this code the building expansion is proposed to be or reduces the open space area by more than ten percent. constructed on the site. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this t day ofd\A , 20 I PP • "ner's Signature /'/ Owner's Signature Owner's Signature Owner's Signature IN CITY OF TIGARD 1/9/2007 13125 SW Hall Blvd. 12:16:42PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000000114 ' Date: 01/09/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2007-00002 [LANDUS] Minor Modification 100-0000-438000 490.00 MMD2007-00002 [LRPF]LR Planning Surcharge 100-0000-438050 72.00 Line Item Total: $562.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check GAARDE CHRISTIAN KJP 4258 In Person 545.00 SCHOOL/TIGARD ASSEMBLY , Check GAARDE CHRISTIAN KJP 4259 In Person 17.00 SCHOOL/TIGARD ASSEMBLY Payment Total: $562.00 cReceipt.rpt Page 1 of 1 FORM No. 633—WARRANTY DEED STEVENS-NESS LAW PUB.CO.. PORTLAND,ORE. -_--I 5765 KNOW ALL MEN BY THESE PRESENTS, That We,.-..Kay...W..Living-s.ton...and Bessie E Living-s-ton_, husband_.and...wife , hereinafter called the grantor, in consideration of. .--._ T en and no/100 Dollars, to grantor paid by Tigard Assembly of God, an Oregon corporation , hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and as- signs, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging Washington appertaining, situated in the County of Was g and State of Oregon, described as follows, to-wit: A portion of that certain tract of land in the Southeast one- fourth of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, conveyed to Developers & Investors, Inc. by deed recorded in Deed Book 498, Page 95, said portion is more particularly described as follows: The North 200 feet of the South 420 feet of the following described tract: Beginning at the Southeast corner of said Developers & Investors, Inc. , tract, being a point in the center of S. W. Gaarde St. , (County Road No. 411) on the South line of said Section 3, running thence South 89°50' West 76.00 feet to the most Southerly Southwest corner of said Developers & Investors, Inc. tract, a point in the center of said street ; thence North 00°37' East 852.00 feet along the Easterly line of Fred D. Tweeddale, et ux, tract as recorded in Deed Book 385, Page 301, and the Easterly line of Leonard S. Davis, et ux, tract to the Northeast corner thereof as recorded in Deed Book 281, Page 502 ; thence North 89°50' East 61. 13 feet to a point on the East line of said Developers & Investors, Inc. tract ; thence South 00°23' East 851.93 feet to the place of beginni.• /)QOK • 4 PAGE 2 f�ry 3 heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and as- signs, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except easements and or restrictions of record. and that grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the law- ful claims and demands of all persons whomsoever. In construing this deed and where the context so requires, the singular includes the plural. WITNESS grantor's hand this 27th day of December , 19 67 (ORS 93.490) STATE OF OREGON, County of Washington )ss. December 27 -_ ,, 19 67 Kay W. Livingston and Bessie E • '�� (a r9 ;:'Personally appeared the above named Y g + ` -,Livingston, husband and wife /1, ,r '•arid:acknowledged the foregoing instrument to be their voluntary act and deed. - Befo me: --- Not ry Public for Oregon kOreIC1AT..SEAL) y commission expires Sept 8-1969 I WARRANTY DEED STATE OF OREGON TN D E,pyaty..Qf Washih'9tort ss 7T TO ,Iy)Roger Thomssen, Dlreotor of Records and (DON'T USE THIS Elections and Ex-Officio Recorder of Conveyances SPACE; RESERVED for said 'county,•do hereby certlf that the within QD FOR RECORDING instrument of writing was received and recorded t" LABEL IN COON- In book_.`......... ..... ... G.../ •/ IC* AFTER TIES WHERE In the Records of ' AFTER RECORDING RETURN TO USED.) of sald County: 4,04,-15"/ Witness Tv hand and sear affixed. ci 2::(74 �f/ ROGERIFIDVISSEN, Director of •le)t f Recgrds 8 Elections /l 1 �J' (XJt �/L►�°Z/G�C� — Deputy 7– 6 1.7 97zz EvOK \-S Assembly of Cod January 23, 2007 To: Emily Ang, City of Tigard R.E.: Minor Modification Type I Application for property address, 11265 SW Gaarde Street, Tax Lot# 25103DC01000. Hopefully the following will answer your questions per our phone conversation January 12th, 2007. 1. Total existing landscape areas: 1.626 acres,49.6%of the 3.28 acre lot size 2. Reduction of 2% with new building. 3. At least 30 feet from east side of property. Thank ou. w AttjtAL-1„_-_■ 'astor Kelly GrosJacques Tigard Assembly of God 11265 SW Gaarde St. Tigard, OR 97224 503-639-5336/FAX 503-684-6492 • www.tigardassembly.org Tigard Assembly of God /Gaarde Christian School 11265 SW Gaarde Street Tigard, Oregon 97224 Ph: (503) 639-5336 Fax: (503) 684-6492 Contact Person(s): Pastor Thomas Frisinger: Cell: (503) 332-0500 Pastor Kelly GrosJacques Cell: (503) 332-0516 Tigard City Minor Modification Code 11 Criteria(Section 18.765) 1) An increase in dwelling unit density or lot coverage for residential development. N/A 2) A change in the ratio or number of different types of dwelling units. N/A 3) A change that requires additional on-site parking in accordance with Chapter 18.765. N/A 4) A change in the type of commercial or industrial structures as defined by the Uniform Building Code. N/A 5) An increase in the height of the building(s) by more than 20%. N/A 6) A change in the type and location of accessways and parking areas where off-site traffic would be affected. NM 7) An increase on vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. N/A 8) An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. NM 9) A Reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than ten percent. NM 10)A reduction of project amenities (recreation facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10% where specified in the site plan. NM 11)A modification to the conditions imposed at the time of Site Development Review approval that are not the subject or Criteria 1 through 10 above. 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