CUP1991-00007POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
SW Durham Rd.
281 14, 100
13125 S.W. HALL BLVD.
P.O. BOX 23397
TIGARD, OR 97223
(503) 639 -4171
MOM
REPLY
ED DATE
PLEASE RETURN ORlCIiViL1L. COPY WITH REPLY. KEEP PINK PY rak YOUR RECOROSr
..DE0-1,-91 FRI 1724 SELL LEE RUEDA
SELIG / LEE / RUAA
Architects and Planners
FAX NO. 6032244836 P. 01
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JON NGa
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Telephone, (503)224-0173
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FAX N0, 5032244836 P. 02
I'DANT OUT l I1
STRIFin TO
ISLIMNATT FOUR
PAWINICSi fI FACES
ADD NEUJ eTRIPS8
ANP DIFECTIO'N ,4 1
PROPERTY LINE
SITE PLA
Al FIDAVIT OF MAILING
STATE OF OREGON
County of Washington
of Tigard
being first duly sworn /affirm, on oath
That I am a
A i.-LivaatC for
The City of Tigard, Oregon.
That I served NOTICE OP PUBLIC HEARING FOR:
Thhat I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
�_ Tigard Planning Commission
!!r Tigard Hearings Officer
Tigard City Council
A Exhibit (Public H Hearing do a /Notice of Decision) of which is attached (Marked
copy l ) 9 Yich
each named pnd fat the ddress shown on the
attached list marked exhibit "B" on the `da of Ij 6W1 r 19
bulletin board on the �" day of Nib �_., ' 19 9 I __ and appropriate
said notice NOTICE OF DECISION as her to attached, was posted on an a ro r
deposited
in the United States Mail on the day of r■
postage prepaid.
Prepared, Notice Posted _ For Decision only)
abed and sworn /affirm to me on the
Person W delivered to POST OFFICE
lgBribed and sworn /af firiia to me on the
bkm /AFFIDAV.BKH
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
1. Concerning Case Number(s):CUP 91-0007 VAR 91-0017
2. Name of Owner: School District 233
Name of Applicant: Selio-Lee-Rueda Architects
3. Address 213 SW Ash 210 City Portland State OA Zip 97204
4. Address of Property: 9000 SW Durham Road
Tax Map and Lot No(n). * 2S1 14AC tax lot 100
S. Request: TigArd-Tualatin School District 233 re eats Conditional
Eigslamxmeconetrucnof, a commons area and
new music room for hase two the construction of six
mgmaramt■clAftsrmall, and a 7,200 Amare foot addition to
the existin west nasium for •hase three of the Tigard
High School mpansion orolect. illaggeggented is Variance
asproval to convert king on the east
side of 92nd Avenue into 27 gemEndictarandffireiparallel
ParkillaAPaces resaltiflaLIONEM12121122Arkiqg
imaseheliseLsidsittiAmaLnasjacins_paceswillpartially
located in the public ri ht-of-wa . ZONE: R-4.5
Residential 4.5 units acre LOCATION: 9000 SW Durham
BEALLIWCTM 281 14AL....tax lot 100)
Approval as requested
X Approval with conditiOns of CUP 91-0007
Denial of VAR 91-0017
7. Notice:, Notice was published in the newspaper, posted at City Hall,
and mailed to:
6. Action:
The applicant and owner(s)
Owners of record within the required
The affected Neighborhood Planning
Organization
Affected governmental agencies
distance
8. Final Decision: THE DECISION SHALL BE FINAL ON November 27, 1991
UNLESS AN APPEAL IS FILgD.
The adopted findings of fact, decision, and statement of conditionS can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. • Maul:. Any party to the decision may appeal this decision in
accordance with 18.32.290(8) and Section 18.32,370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent. The appeal may be submitted on City forms and must be
accompanied by the appeal fee ($315.00) and transcript costs (varies up
to a maximum of $500.00).
The deadline for filing of an appeal is 3:30 p.m. November 27- 1991
A 1
4
10. ouestions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
bkm/CUP91-07.B04
Regarding a request by Tigard Tualatin School
District #2321for a conditional use permit and
variance for expansion of Tigard High School
in the City of Tigard, Oregon
L SUMMARY OF THE REQUEST
The applicant requests approval of a conditional use permit for expansion of the existing
high school in two phases. The applicant proposes to add a 10,000 square foot common
area and music room and up to 103 parking spaces and make various renovations in the
first phase (to end about September, 1992). In the second phase (to begin not later than 3
years from the date of approval of the permit), the applicant will add a 7200 square foot
addition to an auxiliary gymnasium, build 6 classrooms to replace 4 portable classrooms,
replace 24 parking spaces lost fo: the gym, and make various interior renovations. The
applicant also requests approval of a variance to allow existing parallel on-street parking to
be reoriented 90* so that it becomes perpendicular to the flow of travg.c, and so cars stick-
out into the right of way more than they do now.
At the hearing in this matter on October 28, the City staff recommended conditional
approval of the conditional use permit but denial of the variance. The applicant accepted the
recommended decisions and conditions. One neighborhood and NPO group member
testified against the planned change in parking orientation and in favor of spending money
that the proposed conditions require to be spent for the sidewalk on the school instead.
LOCATION: 9000 SW Durham Road; warm 2S1 14A, Tax Lots 100
APPLICANT: Selig/Lee/Rueda Architects & Planners
PROPERTY OWNER: Tigard Tualatin School District #233
APPLICABLE LAW: Community Development Code Chapters 18.50.040, 13.50.050,
18.100.110, 18.102.020, 18.106.020, 18.106.030, 18.106.040, 18.108.060,
18.108.080, 18.114.130, 18.120.070, 18,120.170, 18.120.180, 18.130.035,
18.130,040, 18.130.050, 18.130.150, 18.132.040, 18,134.050, 18.164.070,
184164,090, and 18.164.100
STAFF RECOMMENDATION: Conditionally approve CUP; deny the variance
EXAMINER'S DECISION: CUP Conditionally approved; variance denied
IL FINDINGS ABOUT SIM AND SURROUNDINGS
A. Site size and shape :
The site is an irregularly-shaped, 47.78-acres parcel.
B. Site location :
The site is situated between SW 85th and SW 92nd Avenues south of and adjoining
Durham Road,
Page I Heatings Officer decision
CUP 91.0007I VAR 91-0017 (Tigard High School)
•
tA
C, Existing uses and structures :
1. Since 1953, the site has been developed with Tigard High School and associated
buildings and play fields. Several expansions have been approved and built since then.
a. The latest addition was CUP 91- 0001(c) (approved June 13, 1991) which
authorized placement of 1680 square feet of floor space in 4 modular units used a
temporary classrooms. As a condition of approval of that decision, the applicant
was required to dedicate excess right of way for SW 92nd Avenue, making pre-
existing on -street parking less conforming.
b. About 311,311 square feet of the site (15 %) is hard - surfaced. The existing high
school contains about 280,000 square feet of floor area plus about 5000 square feet
in portable units. It has 147 full time equivalent staff, 1617 classroom seats, an
auditorium with 14,600 square feet and 604 seats, a main gymnasium with 12,320
square feet including the balcony, and 2,035 feet of bleachers or 1,163 seats
assuming 21 inches per seat. There are about 544 parking spaces on the site,
including parking in the right of way of SW 92nd Avenue. There is vehicular
access from the parking lots to SW 92nd Avenue and/or Durham Road.
D. Proposed uses and structures :
The applicant proposes to enlarge the school facilities in two phase;, based on the text
and th,,e oversized plans submitted with the application.
a. In the first phase, the applicant `gill:
(1) Enclose
th e existing s l g y paved entry i school
building
a p roximatel 10,000 square feet) will` become mostly multi-purpose
area will be used for cafeteria space among things. This
space helps the school's transition from an open to a closed campus. Some of
the space will be used for music activities.
(/4) Make several interior changes that do not require more than administrative
conditional use review, including installation of new fire sprinklers, detectors
and alarms and renovation of the existing administrative offices, kitchen, metal
shop and interior finishes.
(3) Add 103 parking spaces. A net 17 of the new parking spaces are to be
created by reorienting 15 e)dsting parallel parking spaces along SW 92nd
Avenue 90° so that they make 27 spaces perpendicular to the flow of traffic and
5 parallel spaces. A variance is required to create parking that is Iccated in a
public right of way and that requires vehicles to back into the right of way.
Thirteen i spaces are added on-site near the auxiliary gymnasium, 37 spaces are
added between the school and Durham Road, and a net 36 spaces are added at
the southeast corner of parking lot south of the swinriiriing pool.
b. In the second phase, the applicant will:
(1) Add 7200 square feet to an existing auxiliary gymnasium west of the main
school building. The 24 parking spaces lost for the expansion will be replaced
with an equal number at the south end of the on -site parking lot adjoining 92nd
Avenue.
Page 2 - hearings Officer decision
CUP 91.0007 /VAR 91 -0017 (Tigard high School)
Y.4
(2) Make several interior changes that do not require more than administrative
conditional use review, including replacing four existing temporary classroom
units with 6 permanent classrooms, adding teacher preparation areas, air
conditioning the building, and renovating the automobile shop.
E. Existing and proposed vegetation
1. The area around the school is landscaped with trees, shrubs and grass. Most of the
playfields are covered in grass.
2. The app icant submitted a p o liming landsca et 1lan showing the location and
types of landscaping materials be used ((see sheet 12 plans companying the
application). The applicant will re- landscape areas affected by proposed construction.
F. Topography and drainage
There is a storm sewer in SW Durham Road and SW 92nd Avenue that has capacity for
storm water from the site given the proposed changes, subject to verification of the
downstream capacity and impacts, based on the comment from the City Engineering
Division. Storm water drains generally south from the site to the Tualatin River.
G. Plan designation and zoning
The Comprehensive Plan designates the site as Public Institution, and it is zoned R -4.5
(Residential, 4.5 units per acre). Land north of Durham Road is designated Low and
Medium Density Residential and zoned R-4.5 and R -7 (Residential, 7 units per acre).
Land east of the site is designated Light Industrial and zoned I -P (Industrial Park).
Land south of the site is designated Medium Density Residential and is zoned R -12
(Residential, 12 units per acre). Land to the west across 92nd Avenue is designated
Low Density Residential and is zoned R4.5.
H. Public services and utilities
There is a 10 -inch sanitary sewer line in SW Durham Road with adequate capacity to
serve the proposed expansion: The site also has public water, fire protection and police
services and private electric and gas power and tei6omInunications services.
I. Streets and access
1. The site has about 1442 feet of frontage on SW 92nd Avenue, 1685 feet of frontage
on SW Durham Road, and 425 feet of frontage on SW 85th Avenue. he applicant
does not proposed to add or change excess access points to those rids
2. SW Durham Road is a major collector street under City jurisdiction. The City
recently finished improving the site `s Durham Road frontage to City standard.
3. SW 92nd Avenue is a minor collector street. It has a 25 -foot half-width right of
way adjoining the site; most of that frontage is improved with curb and sidewalk. As a
condition of approval of CUP 91 -0001, the applicant wh,.4 required to dedicate an
additional 5 feet of right of way for the street and to improve the frontage with a curb
and sidewalk where one does not now exist. That dedication and improvement has
been completed.
Page 3 - Hearings Officer decision
CUP 91- 00071VA 91.0017 (Tigard High School)
4. SW 85th Avenue is a local street with a 25 -foot half -width right of way. There is a
curb on the west side of the street, but not a sidewalk.
J. Surrounding land uses :
Land north and west of the site is developed with single and multiple family dwellings:
Land east of the site is used for a small industrial park and for a Unified Sewerage
Agency facility. Land south of the site is used for open space and recreation (Cook
Park).
III. APPLICABLE APPROVAL STANDARDS
��. A. Title 18 (Zoning):
1: Section 18.50,040 lists "Schools and related facilities" as a conditional use in the R-
4.5 zoning district. Chapter 18.50.050 contains the following dimensional standards
for the R -4:5 zone:
Minimum lot size 7500 square feet
Average minimum lot width .....:.: :: 50 feet
Front setback + .. , . r 20 feet
Interior side setback 5 feet
Street side setback 15 feet/20 feet for a garage
Rear setback .::. , .::. _ , .
15 feet
, w Maximum building height 30 feet
2. Section 18:1:110 requires screening of parking and loading areas, including at
J. M
least 1 tree in a parking lot for 7 vehicle spaces.
3: S uon 18:102.020 requires that visual clearance be maintained along the
intersections of all public and private right of ways.
4: Section 18.106.020D(1 )(a) provides that, in the case of enlargement of a building or
use, the numi yr of parking spaces required shall be base on the floor area or capacity
of the enlargement:
Section 18.106,020M requires landscaping of parking lots
consistent with Chapter 18: 100 Section 18,106.020P requires at least 1 bicycle
4.�.
parking space for every 15 vehicle parking spaces: Section 18.106.020W provides that
on- street parking does not fulfill parking requirements:
F k
5, Section 18.106:0308(9 )(0) requires 1.5 parking spaces per employee plus 1 space
for every 6 classroom seats, and 1 space for every 100 square feet of floor area or 1
space for each 8 seats in the auditorium or assembly room, whichever is more.
co
.,..
6. Section 18:108.0608(1) prohibits drives that require or facilitate the backward
or other maneuvering in a street.
qa
7. Section 18 ,114.130 limits signs in the R -4.5 zone,
provide a proposed development is a major
S. Section 1$:120.070B(3} and (8) p p Po :. p major
of an existing site plan if the change requires additional on site parking, or
g � the standards for era site
the change increases the floor area of a n a royal
pp
nonresidential use more
at square feet: ' sty the
a,tleast5000s
Section 18 120 180 11
plan, which incorporate other development standards in the Code:
.{N H
CUP 4- Hearings Officer decision
CUP 91- 0001 /VM 91.0017 (Tigard High School)
9. Section 18A 30.035 authorizes the Hearings Officer to approve a phased
development plan if:
a. The relevant public facilities fee the development are constructed in conjunction
with or prior to each phase; and
b. The development and occupancy of any phase is not dependent on temporary
public facilities; and
c. The phased development will not require the City or other property owners to
build public facilities needed for the development.
10. The proposed expansion is considered a major amendment to a conditional use,
based on Section 18.130.050(B)(5) and (6). Section 18.130.140 contains the
following additional standards for a conditional use
a. The site size mad dimensions provide adequate area for the needs of the proposed
use;
b, The characteristics of the site are suitable for the proposed use considering size,
shape, location, topography, and natural features.
c. All required public facilities have adequate capacity to serve the proposal.
d. The applicable requirements of the zoning district are met except as modified by
this chapter.
e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section
18:120.180 (Site Development Review), if applicable, are met.
f. The we will comply with the applicable policies of the Comprehensive Pan.
11: Section 18.130.150(C)(9) contains the following additional standards for
Religious Assembly uses:
Minimum lilt size...........iNone
Front ont yard setback 30 feet
Corner lot setback 20 feet and ae needed to comply with Ch. 18.102
Side yard setback .... 20 feet
Rear yard setback 30 feet
12. Section 18.132.0407(1) provides that a lawful use of land that exists which would
not be permitted by a subsequently - enacted law may be continued. It may not be
;'.nlarged, increased, or extended to occupy a greater area of land.
13. Section 18.134.050 provides that a variance to the Code development standards
may be approve d if:
a. The proposed ro sed variance will not be materially detrimental to the purposes of this
Coue, be in conflict with the policies of the Comprehensive plan, to any other
applicable policies of the Community Development Code, to any other applicable
policies or standards, and to other properties in the same zoning district or vicinity.
Page 5 hearings Officer decision
CUP 91-00071VAR 91.0017 (Tigard high School)
b. There are special circumstances that exist which are peculiar to the lot six or
shape, topography or other circumstances over which the applicant has no control,
and which are not applicable to other properties in the same zoning district;
c. The use proposed will be the same as permitted under this Code and City
standards will be maintained to the greatest extent possible, while permitting some
economic use of the land;
dy Existing physical and natural systems, such as but not limited to traffic,
drainage, dramatic landforms or parka will not be adversely affected anymow than
would occur if the development were located as specified in the Code; and
e. The hardship is not self- imposed and the variance requested is the minimum
variance which would alleviate the hardship.
14. Section 18.164.070 requires sidewalks on all public streets, with exceptions not
relevant to this application.
16. Section 18.164,090 requires developments to be connected to existing sanitary
sewer lines pursuant to plans subn'. tted to and approved by the City Engineer,
16, Section 18.164.100 requires that storm water drainage plans be submitted to and
approved by the City Engineer and show that necessary easements are provided for,
that downstream properties will not be adversely affected, and that storm lines are
sufficient to handle anticipated flows,
B. Applicable Comprehensive Plan Policies.
Policy 2.1.1 requires that adjoining property owners, the local NPO and the general
public be notified of and provided an opportunity to comment on the development.
IV, HEARING AND TESTIMONY
A. Hearing.
The Hearings Officer received testimony at the public hearing about this application on
October 28, 1991, A record of that testimony is included herein as Exhibit A (Parties
of Record Exhibit B `
), (Taped Proceedings), and Exhibit C (Written Testimony. These
exhibits are filed at the Tigard City Hall
B. Testimony,
1. Ron Pomeroy testified for the City and summarized the staff report. He modified
the staff report to clarify that staff recommends denial of the variance. He also
explained that staff misunderstood that the auxiliary gymnasium was not the main
gymnasium. gymnasium, p R./o. Y i i+ t Y i• �
asium, Because the ro _ sed addihQn is to the auxili asxun� and not to
the oes not increase parking requirements. Based on a
correct ta..ndin of the addition
arking r ' tnrements for the school the school has about
g P g �9
70 spaces more than required by the City without reorienting spaces along SW 92nd
Avenue.
edge 6 - Hearings Officer decision
COP 91- 0007/VAR 91.0017 (Tigard High Schaal)
2. Chuck Selig testified as architect for the applicant. He reluctantly accepted the staff
recommendation, arguing briefly that reorientation of parking on SW 92nd Avenue
should be allowed. He said the applicant will install all parking spaces identified on the
preliminary site plzn„ other than the spaces to be reoriented along SW 92nd Avenue. In
response to public testimony, ht. said the school will not re-stripe the parking lot to
provide more, compact spaces, because the schen,' believestrat compact spaces are so
narrow that many people park across two spaceb, 'hereby reducing the effective number
of spaces rather than increasing them.
3 Sue Kasson testified on her own behalf and on behalf of NPO #6. Or her own
behalf, she argued that a sidewalk along 85th Avenue would not serve siguificant
pedestrian traffic, at. rl that the money that would have to be spent building the sidewalk
could be better spent on the school interior. On behalf of the NPO, she expressed
concern about the plan to reorient parking spaces along SW 92nd Avenue. She
suggested the school increase par) 'ng by re-striping the parking lot with compnct-size
spaces.
C. Agency Comments.
The Hearings Officer incorporates by reference the agency comments in Section A4of
the City of Tigard staff report dated October 28, 1991.
V. EVALUATION OF REQUEST
A. Compliance with Title 18 (Zoning).
1. The proposed use complies with Chapter 18,50, because the proposed use is listed
as a conditional use in the R-4.5 zone, and the proposed structures comply with the
dimensirnal requirements of the zone, based on the preliminary site plan and finding
ED.
2. The proposed use can comply with the requirements of Section 18.100.110 by
installing landscaping in the proposed new parking lots.
3. The proposed use does not violate Section 18.102.020, because no new aceess
points are proposed that would be subject to this section, and because no new
structures are proposed that could obstruct sight distance at intersectionee
assumes meet the visual clearance requirements.
4. The proposed use complies with Chapter 18.106, because:
a. The applicant is adding six permanent class rooms, each of which contains 24
seats, Therefore 24 spaces are required to serve these class moms, based on a ratio
of 1 space for ev,pry 6 seats. The applicant plans to provide 73 new parking spaces,
excluding 24 spIces that replace those lost to the proposed gym expansion.
Therefore, the applicant plans to provide more parking than required for the
proposed new • class rooms,
b. The addition of the commons area and renovation of other spaces in the school
does not increase the number of staff or the number of class room seats, Therefore,
no additional parking is required for these modifications to the school.
Pige 7 - Bearings Officer decision
CUP 9i-0007111M 91-0017 (Tigard High School)
• 1, ' •
„1.
C. The addition to the auxiliary gymnasium does not change the number of spaces
required for the auditorium or other main assembly space. The main assembly
space continues to be the auditorium. Theretore, no additional parking is required
for the gym expansion. The applicant proposes to replace existing parking
displaced by the gymnasium expansion.
d. The applicant can add parking spaces for disabled persons when the new
parking spaces are built.
e. The applicant has more than 1 bicycle parking space per 15 vehicle parking
spaces, based on the unrebutted testimony by the applicano.
5. The proposed reorientation of parking along SW 92nd Avenue would violate
Section 18.108.060B(1), because those spaces would require vehicles to back into or
maneuver in the street. Therefore, that aspect of the application should not be
approved,
6. The proposed use can comply with Chapter 18.114, because no new sign is
proposed. The Hearings Officer assumes that if the applicant desires to install a sign in
the future, then the applicable standards will be complied with.
7. The proposed expansion is a major modification of an existing site plan, because it
requires additional on-site parking, and it increases the floor area of a nonresidential use
by more than 10 percent and at least 5000 square feet. The proposed use complies with
Chapter 18.120 because the applicant has submitted or will submit all of the documents
and plans required by the Code for site plan review,
8. The proposed phased development plan is consistent with Section 18.130.035,
because:
a. Relevant public facilities are available to serve the proposed expansion, based on
finding II.F, H and I.
b. Development and occupancy of any phase is not dependent on temporary public
facilities.
c. Phased development will not require the City or other property owners ta build
public facilities needed for the development
9. The proposed expansion complies with Chapter 18.130 because!
a. The site size and dimensions accommodate the proposed development consistent
with required setbacks, landscaping, and parking standards.
b. The characteristics of the site are suitable for the proposed use, because it is
large enough to accommodate development and landscaping and there are no
topographic or the natural features that make the development problematic or that
would be adversely affected by development
c. Public sewer and water are available to the site and can serve the site.
d. The proposed development complies with applicable provisions of the R-4.5
zone, based on the preliminary plan and finding II.D.
Page 8 Hearings. Officer decision
CUP 91-0007/VAR 91.0017 (Tigard high School)
•
e. The development will be subject to Code provisions regarding signage and site
development review.
f. The use will comply with the applicable Comprehensive Plan policies, based on
finding V.B.
g. The front yard setback exceeds 30 feet; the rear and side yards exceed 30 feet;
and building height does not exceed 30 feet, based on the preliminary site plan.
10. Existing on-street parking violates Section 18.106.020 and 18.108.060B(1).
However, its continued use in its existing form is permitted by Section
18.132.040B(1).
11. A variance is not warranted under Section 18.134.050, because:
. r e y e to the purposes of the Code by
a. The variance would be materially detrimental
violating Section 18.132.0408, increasing the extent to which the right of way is
used for a nonconforming purpose (i.e., increasing the number of nonconforming
parking spaces . y increasing the potential for vehicle and
arken aces and ®le�ar t in adjoining street backing and
vehicle/pedestrian g Y
maneuvering in the street (i.e., providing spaces perpendicular to the flow of traffic
forces puked vehicles to block traffic to exit the space).
b. The variance would affect traffic systems stems more adversely than existing raffic
ns, based on the testimony of the City Engineering and Police Departments.
conditions, Y tY
c. The school has enough parking to comply with City parking standards without
the variance. Therefore, granting the variance is not necessary. Moreover, the
applicant failed to show that there is not ample undeveloped area on the applicant's
site where additional parking could be provided if necessary.
12. The proposed use can comply with Chapter 18.164, because:
a. The applicani can build a sidewalk adjoining 85th Avenue to comply with
Section 18.164.070. A condition is warranted to enforce this requirement.
Although one witness argued the sidewalk is unnecessary, the sidewalk must be
provided impediment to comply with City law unless physically impracticable. `There is no
physical , sidewalk therefore, it should' be
r sided . Hearings OfcerCcannot waive a requirement of the law to save
provided. The g
money for the applicant, even if the applicant would put that money to another good
use based on the law.
b. There are sewer and storm drain lines that can serve the site, provided the
applicant submits connection plans to and receives approval of those plans from the
Engineering Department Therefore, the proposal corr.plies with Sections
18.164.090 and .100.
B. Compliance with applicable Comprehensive Plan policies.
proposed y ` + ' in organization in the area and to
The use complies with l Policy 22 1 , cause notice of the application or
owners of property ded to the neighborhood
oenri rs was provided in the vicinity of the site and published in the Tigard Timer,
Page 9 - Jlearings Officer decision
CUP 91- 0007/VAP 91- 00)7 (Tigard High School)
u,,
•
VI. SUE VISIT BY HEARINGS OFFICER
The Hearings Officer visited the site and area that could be affected by the proposed
use.
VII. CONCLUSION AND DECISION
The Hearings Officer concludes that the proposed conditional use complies with standards
and criteria in the Tigard Community Development Code but that the proposed variance
does not comply with the Code.
In recognition of the findings and conclusions contained herein, and incorporiting the
Summary and other reports of affected agencies and public testimony di exhibits
CUP 91-
received
in this matter, the Hearings Officer hereby de ` ,t VAR 91-0017 pp
0007 ('Tigard High School), subject to the following conditions:
THE FOLLOWING CONDITIONS SHOULD BE MET PRIOR TO THE ISSUANCE OF
BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAF CONTACT FOR
ALL CONDITIONS SHALL BE CHRIS DAVIES, ENGINEERING DIVISION.
1. The applicant shall submit public improvement plans to and receive approval of
appropriate plans from the Engineering Division for a sidewalk along the site's 85th
Avenue frontage. The 4pplicant shall build the sidewalk, provided, a permit for that
construction shall not be issued and construction of the sidewalk shall not begin until
the Engineering S)vision reviews and approves the plans and issues a street opening
permit for the sidewalk, and the applicant pays a permit fee.
2. The applicant shall submit an erosion control plan to and receive approval of
appropriate plans from the Engineering Division as part of the public improvement
drawings. The plan shall confer i to "Erosion Control Plans - Technical Guidance
Handbook, November 1959."
3. Before the applicant removes a tree larger than six (6) inches in diameter treasured
lbw: (4) feet above grade, the applicant shall submit an application to and receive a tree
removal permit from the Planning Division . Staff Contact: Victor Adonri, Planning
Division, ( 639- 4171).
4. The applicant shall not increase the number of parking spaces in the 92nd Avenue
right of way nor increase the extent to which existing sp daces cover the right of way.
THIS APPROVAL IS VALID ONLY IF EXERCISED wrTFUN EIGHTEEN MONTHS
OF THE EFFECTIVE DATE OF THIS DECISION OR EX'T'ENDED PURSUANT TO
CITY CODE.
DATE
7th day o lember, 1991.
iLfr'_
p n, Hearings Officer
U
SP 91- OOa7`I V�IR 9 Officer decision
OOl7 (Tigard High School)
•%
SUE KASSON
16570 SW 93RD
TIGARD OR 97224
'
•
AL ZIMMERMAN
15537 SW SUMMERFIELD LN
TIGARD OR 97224
TIGARD SCHOOL DIST 23J
13137 SW PACIFIC HWY
TIGARD OR 97223
C E SELIG
213 SW ASH #210
PORTLAND OR 97204
SUE CARVER
10155 SW HOODVIEW DR
TIGARD OR 97224
REQUEST FOR COMMENTS
DATE: . Oct‘ber 3 1991
FROM: Tigard Planning Department
RE: CONDITIONAL USE CUP 91-0007 SCHOOL DISTRICT 23J (NPO #6) Tigard-
Tualatin School District 23J requests Conditional Use approval for the
construciton of a commons area and a new music room for phase two, the
construction of six permanent classrooMs0 and a 7,200 square foot addition
to the exiting west gymnasium for phase three of the Tigard High School
expansion project. Also requested is Variance approval to convert 15
parallel parking spaces on the east side of 92nd Avenue into 27
perpendicular and five parallel parking spaces resulting in a net increase
of 17 parking spaces. These additional parking spaces will be partially
located in the public right-of-way. ZONE: R-4.5 (Residential, 4.5
units/acre) LOCATION: 9000 SW Durham Road (WCTM 281 14A, tax lot 100)
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our etaff, 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 by Oct. 14, 1991. You may
use the space provided below or attach a separate letter to return your comments.
Ifm)uasittainle.LQrmipond by the above data please phone the staff contact
noted below with your comments and confirm your comments in writing as soon as
possible. If you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAFF CONTACTi
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:
Name of Person CoMmenting:
Phone NUmber: 9 •876.-V
bkM/CUP91-07.BX4
•
V
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AnamosswoommokI
NPO #6
Minutes from the October 16, 1991
The meeting was called to order at 7:38 pm.
Members in attendance were: Carver, Clinton, Crow, Davenport, Kasson,
Watson and Sellers.
Excused: Dillin, Mitchell, Pasteris.
Not excused: Wilson (4th unexcused absence)
The minutes from the September 18, 1991 meeting were approved as
written,
CUP 91-0007/VAR 91-0017 - TIGARD-TUALATIN SCHOOL DIST. 23J
NPO members reviewed the School District's request for (1)
Conditional Use and (2) Variance approval on the upcoming construction
project and had two recommendations concerning the perpendicular
parking spaces:
1. Members felt that adequate road markings Should be installed
to help define the separation of the actual roid0ay and the
parking buffer and in addition -
2. Members suggest that the school invostigate the possibility
of restriPing some of the interior parking lot to include
compact parking spaces.
OTHER BUSINESS:
NPO members made a preliminary review of a subdivision proposal
on SW 97th directly adjacent to View Terrace to the east, This small
subdivision has seven lots that will use View Terrace for access and
egress and two lots that will use SW 97th. Our suggestion to the
property owner was that if it was possible we would like to see one
access only on SW 97th (this would mean the two property owners would
share a common driveway access).
REVIEW OF FINAL DECISION:
NPO members reviewed the decision made by the Planning Commission
on the TRIAD development and decided to appeal their approval, The
following motion was made and passed.
"NPO 6 FEELS THAT THE TRIAD DEVELOPMENT SHOULD NOT PROCEED
WITHOUT CONCURRENT CONSTRUCTION OP THE 109TH STREET EXTENSION TO
ROYALTY PARKWAY AT 99W. NPO 6 MOVES TO APPEAL THE PLANNING
COMMISSION DECISION ON CASE NUMBER SDR 91-0013/PDR 91-0006.”
votes - 5 aye, 1 nay and 1 abstention.
Meeting Adjourned at 925 pm,
TIGARD HS REMODEL PHASE II - ADDENDUM NO. 1 - 14 OCTOBER 1991
RECEIVED PLANNING
SELIG/LEE/RUEDA
ARCHITECTS AND PLANNERS
213 S.W. ASH, SUITE 201
PORTLAND, OR 97204
(503) 224-0173
TIGARD HIGH SCHOOL REMODEL PHASE II
FOR
TIGARD-TUALAT/N SCHOOL DISTRICT NO. 23J
Tigard-Tualatin School District No. 23J
Washington and Clackamas Counties
This Addendum to the Contract Documents is issucl to clarify and correct the
Drawings and Specifications. This document is hereby made a part of the
Contract Documents to the same extent as though it were originally included
therein.
S.
Acknowledge receipt hereof by inserting the above AddendUM number in the space
provided in the Proposal Form prior to submitting bid. Failure to do So may
subject bidder to disqualification.
SPECIFICATIONS
PRE-BID CONFERENCE
A mandatory Pre-bid Conference was held on 10 October 1991 at 3:00
p.m. at Tigard High School.
The following General Contractors were present at the conference
are qualified to bid:
Elliott-Jochimsen-Sheets
Robert Gray Partners
Robinson Construction
L.D. Mattson
OTKM General Contractors
Silco Construction
Triplett-Wellman
Darritt Construction
A.C. Schomer & Sons
Yorke and Curtis
Lonigan Construction
Colatette Construction
4
PAGE 1
DUN NO. 1 14 OCTOBER 1991
Sprinkler Subcontractors were required to attend the Pre -bid
conference. The following is a list of those who attended and are
qualified to bid.
Fire Systems West
Basic Fire
Grinnell Fire Protection
Patriot Fire Protection
Harvey and Price Co.
Wyatt Fire Protection
A-Prof Fire Sys. Co.
Omlid & Swinney Fire Sprinkler
Alliance Fire Protection
Aieefco Inc.
Viking Sprinkler
Protech Fire Protection
The Architect will be available to answer questions at the Job Site on
the following date:
15 October 1991 at 3:00 p.m.
Attendance is not mandatory.
Other Inspections may be arranged by contacting Greg Apodaca, Head
Custodian, at 684 -2255.
END OF ADDENDUM NUMBER ONE (1)
PAGE
'ao
•
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TIGARD HS REMODEL PHASE II - ADDENDUM NO. 1 - 14 OCTOBER 1991
SELIG/LEE/RUEDA
ARCHITECTS AND PLANNERS RECEIVED PLANNING
213 S.W. ASH, SUITE 201
PORTLAND, OR 97204 OM 6 1991
(503) 224-0173
TIGARD HIGH SCHOOL REMODEL PHASE II
FOR
TIGARD-TUALATIIJ SCHOOL DISTRICT NO. 23J
Tigard-Tualatin School District No. 23J
Washington and Clackamas Counties
This Addendum to the Contract Documents is issued to clarify and correct the
Drawings and Specifications. This document is hereby made a part of the
Contract Documents to the same extent as though it were originally included
therein.
AcknowledVe receipt hereof by inserting the above Addendum number in the space
provided in the Proposal Form prior to submitting bid. Failure to do so may
subject bidder to disqualification.
lA SPECIFICATIONS
1A-1 PRE-BID CONFERENCE
A mandatory Pre-bid Conference was held on 10 October 1991 at 3:00
p.m. at Tigard High School.
The following General Contractors were present at the conference and
are qualified to bid:
Elliott-Jochimsen-Sheets
Mbert Gray Partners
Robinson Construction
L.D. Mattson
OTKH General Contractors
Silco Construction
Triplett-Iteliman
Darritt Consttuction
A.C. Schommer & Sons
Yorke and Curtis
tonigan Construction
Colamette Construction
PAGE 1
t4,
•
a,
TIGARD HS REMODEL PHASE II NDUM NO. 1 - 14 OCTOBER 1991
Sprinkler Subcontractors were required to attend the Pre -bid
conference. The following is a list of those who attended and are
qualified to bid.
Fire Systems West
Basic Fire
Grinnell Fire Protection
Patriot Fire Protection
Harvey and Price Co.
Wyatt Fire Protection
A-Prof Fire Sys. Co
Omlid & Swinney Fire Sprinkler
Alliance Fire Protection
Airefco Inc.
Viking Sprinkler
Protech Fire Protection
The Architect will be available to answer questions at the Job Site on
the following date:
15 October 1991 at 3 :00 p.m.
Attendance is not mandatory.
Other Inspections may be arranged by contacting Greg Apodaca, Head
Custodian, at 684-2255.
END OF ADDENDUM NUNDER ONE (1)
PAGE 2
•
TIGARD HS REMODEL PHASE II - ADDENDUM NO. 1 - 14 OCTOBER 1991
" .
SELIG/LEE/RUEDA
ARCHITECTS AND PLANNERS
213 S.W. ASH, SUIT g 201
PORTLAND, OR 97204
(503) 224-0173
TIGARD HIGH SCHOOL REMODEL PHASE II
FOR
TIGARD-TUALATIN SCHOOL DISTRICT NO. 23J
Tigard-Tualatin School District No. 23J
Washington and Clackamas Counties
RECEIVED PLANNING
OCT 1 6 1991
This Addendum to the Contract Documents is issued to clarify and correct the
Drawings and Specifications. This document is hereby made a part of the
Contract Documents to the same extent as though it were originally included
therein.
Acknowledge receipt hereof by inserting the above Addendum number in the space
provided in the Proposal Form prior to submitting bid. Failure to do so may
sUbject bidder to disqualification.
lA SPECIFICATIONS
1R-1 PRE-DID CONFERENCE
A mandatory Pre-bid Conference was held on 10 October 1991 at 3:00
p.m. at Tigard High SchooL
The following General Contractors were present at the conference and
are qualified to bid:
Elliott-Jochimsen-Sheets
Robert Gray Partners
Robinson Construction
L.D. Mattson
OTKM General Contractors
Silco Construction
Triplett-Wellman
Darritt Construction
A.C. Schomer & Sons
Yorke and Curtis
Lanigan Construction
Colamette Construction
PAGE/
ww"
**,
4
TIGARD HS REMODEL PHASE II -
DD72 NO.
- 14 OCTOBER 1991
Sprinkler Subcontractors were required to attend the Pre -bid
conference. The following is a list of those who attended and are
qualified to bid.
Fire Systems West
Basic Fire
Grinnell Fire Protection
Patriot Fire Protection
Harvey and Price Co.
Wyatt Fire Protection
A -Prof Fire .Sys. Co.
Omlid & Swinney Fire Sprinkler
Alliance Fire Protection
Airefco Inc.
Viking Sprinkler
Protech Fire Protection
The Architect will be available to answer questions at the Job Site on
the following date:
15 October 1991 at 3.00 p.m
Attendance is not mandatory.
Other inspections may be arranged by contacting Greg Apodaca, Head
Custodian, at 684 -2255.
END OF ADDEND II NUMBER ONE (1)
PAGE 2
AGENDA ITEM 2.1
STAFF REPORT
OCTOBER 28 1991 - 7:00 PM
TIGARD HEARINGS OFFICER
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVZ.
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: CONDITIONAL USE CUP 91-0007 / VAR 91-0017
COMPREHENSIVE PLAN DESIGNATION: Public Institution
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre)
LOCATION: 9000 SW Durham Road (WCTM 2S1 14A, tax lot 100).
OWNER; Tigard Tualatin School District #23J
13137 SW Pacific Highway
Tigard, OR 97223
APPLICANT: Selig/Lee/Rueda Architects & Planners
213 SW Ash #201
Portland, OR 97204
APPLICABLE LAW: Community Development Code Chapters 18.50.040,
18.50.050(A)(4), 18.100.110, 18.102.020, 18.106.020(D)(1)(a),(N),(P) and
(W), 18.106.030(B)(9)(c), 18.106.040(A)(1), 18.108.060(B)(1),
18.114.130(A), 18.120.070(11)(8), 18.120.170(B)(3), 18.120.180(A),
18.130.035, 18.130.040(8), 18.130.050(B)(5) and (6), 18.130.150(C)(9),
18.132.040(5), 18.134.050(A) and 18.164.070(A)(1)(b), 18.164.090,
18.164.100.
STAFF RECOMMENDATION: The Planning Director's designee for the City of
Tigard recmmOnds APPROVAL of CUP 91-0007 / VAR 91-0017 SUBJECT TO
CONDITIONS.
A. FINDINGS OF FACT
1. Background Information
The Tigard High School site was originally developed in 1953. Since
that time numerous application concerning this site have been
reviewed by the Planning Department. The most recent of these
applications is Conditional Use Permit 91-0001(C) which approved the
placement of three 1,680 square foot modular units on this site to
be Used as temporary classrooms. This application was approved on
June 130 1991 (appeal period ending June 26, 1991).
2. Vicihity_Information
Tigard High School is located itoUth of SW DUtham Road between SW 85th
Avenue and SW 92nd AvenUe. Properties iodated to the north are zoned
1-4.5 and R-7 (Residential, 4 Units per acre and Residential, 7
units per acre) and are developed with Oingle-family residences.
Properties to the east are toned I-43 (Industrial Park) and contain
the Unified Sewerage Agency facility and a small industrial park.
Cook Park is located to the south of the site. Properties to the
eat are zoned R-4.5 and are also developed with single-family
residences.
LEGIBILITY STRIP
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3. Site Information and Ilroposal gagcriatima
The Tigard High School site is 47.78 acres in size. Existing school
buildings occupy the northern portion of tilt,. property. Athletic
fields and a stadium occupy the southern portion.
Tigard-Tualatin School District 23J requests conditional use approval
for the construction to,)f a commons area and a new music room for phase
two. In addition, Cae construction of six permanent classrooms, and
a 7y200 square foot addition to the existing west gymnasium are
planned for phase three. Phase one consists of the previously
approved temporary modular classroom structures, Also requested is
variance approval to convert 15 parallel parking spaces on the east
side of 92nd Avenue into 27 perpendicular and 5 parallel parking
spaces resulting in a net increase of 17 parking spacim. These
additional parking spaces would be partially located in the public
right,-Of-way requiring vehicles to back up into a public street.
4. Agam_and NPO comMents
The Engineering Division has reviewed, this proposal aid has offered
the following comments:
1. Streets: Tigard High School
The site is bounded by SW Durham Road to the north, SW 92nd
Avenue to the west, and SW 85th to the east.
Southwest Durham Road is a major collector and is under the
jurisdiction Of the City of Tigard. The City of Tigard
recently completed improvements to SW Durham r,d. Therefore,
no additional improvements should be requireu for SW DUrhaM
Road.
Southwest 85th Avenue is' currently classified as a local
Street. There is currently 25 :Oat of right-of-way from center
line with curb intatalled. Tiler :fore it should be required that
a sidewalk be installed along the frontage of SW 85th Avenue,
• southwest 92nd Avenue is classified as a. Miner collector
Street. There is currently 25 feet of tight-of-way from center
line with the ma3Ority of the frontage having both curb and
sidewalk. As a condition of approval for CUP 91-0001, it was
required that the applicant dedicate additional right-of-way,
so that there is 30 feet from centerline, and complete any
portion of the frontage that does not have both curb and
sidewalk; the dedication, curb, and sidewalk Work have :IOW beer:
completed. Along the frontage of SW 92nd Avenue, the school
has parking and as mentioned e.ly, a sidewalk that runs the
entire length of the propertye
The school's architect had requested that the existing angle
parking be allowed to remain and that a portion of the existing
parallel parking be redtriped to angle patIting. Southwest 92nd
Avenue is a dotilleCtbr Street. For safety reasons, the city
policy ie to restridt the numbet of driveway access points to
collector streets and to disallow any design that requires
Vchidled to be backed into the strecit, on-street parking is
generally disallowed on collector Otreetd such as SW 92nd
Avenue. Based on the po le la and code requirementst
STAFF REPORT CUP 91-07 Tigard nigh School District 23d Page 2
4.4
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1. Existing parking: While the existing angle parking does
not conform to City policy, it should be allowed to
remain. This parking has existed for a number of years
without significant operational problems. The proposed
revisions to the school will have little impact on how
the parking and 92nd Avenue function. South of Martha
Street, 92nd serves primarily as access to the school,
the adjoining subdivision; and Cook Park. Peak times for
school traffic and peak times for park traffic usually
do not coincide, thereby reducing the potential for
conflicts. While angle parking is not a preferred
design, the existing angle parking appears to have some
"grandfather" rights; potential pro'hlems do not seem so
severe as to require the existing parking to be changed.
2. Additional angle parking: Additional angle parking
should not be allowed. Any new parking should meet the
standards required of other new developments throughout
the City of Tigard. •
The area proposed for additional angle parking has
potential operational problems more severe than those of
the existing angle parking. North of Martha Street, the
curb line is closer to the center of 92nd and therefore
there is less room for angle parking and maneuvering of
vehicles. Further, the area on SW 92nd north of Martha
is on the approach to the signal at Durham Road. Room
is needed for vehicles to be stored in two lines on the
approach to Durham Road. Further, the area north of
Martha is the area of greatest traffic volumes on 92nd;
the area whore adherence to collector street standards
is most important.
Therefore; no additional on-street parking should be
allowed on SW 92nd Avenue, especially north of Martha
Street.
2. Sanitary sewer;
There is. an existing 10 inch-line.located. in SW DurhaM.Road
that has sufficient capacity to handle all phases of the
proposed development.
3. Storm sewer:
There are existing lines located in SW Durham and SW 92nd which
appear to be sufficient to handle the proposed phases of
development. The applicant should be required to provided
evidence that there is sufficient capacity within the existing
System and that the downstream system will not be significantly
impacted.
The City of Tigard Police Department has reviewed this application
and submitted the following comments:
My concerns are to ensure the ordinance on required parking
spaces be enforced, I'm concerned about the safety issue of
converting the spaces on 92nd to perpendicular and will defer
to the traffic engineer as to whether it can be done safely.
It's not clear if the parking of the east side of 92nd is on
public or private property. If it's public, it should not be
included in the Tigard High School spaded count.
STAFF REPORT CUP 91,-07 Tigard High School District 211 Page 3
The City of Tigard Building Department has reviewed this application
and submitted the following comment:
Approval of this project will greatly improve the
fire/life/safety of the school by the safe-guards proposed as
part of the project.
Northwest Natural Gas Company has reviewed this proposal and has
submitted the following comment:
The existing service lines may need to be relocated to
accommodate the additions and modifications. Please call for
utility locates prior the beginning work.
The City of Tigard Operations DiViSiOns Portland General Electric, Tualatin
Valley Fire District ti, and General Telephone and Electric have reviewed
this proposal and have no objection to it.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS - site Demajamatalyiam
Section 18.50.040 of the Code lists Schools and related facilities as a
Conditional Use in the R-4.5 zoning district.
Section 18.130.150(C)(91 contains the following general apreoval criteria
for a Conditional Use:
a. Lot Size:
(i) There shall be no minimum lot size requirements for
schools other than What is required for the applicable
Zoning district.
b. Setbacks:
(I) The front yard setback shall be a minimum of 30 feet;
(ii) On corner lots and through lots, the setback shall be a
minimum of 20 feet on any side facing a street, plus meet
visual clearance areas, Chapter 18.102.
(iii) The side yard setback shall be a minimum of 20 feet; and
(iv) The tear yard setback shall be a minimum of 30 feet.
The subject site exceede the minimum lot size for the R-4.5 zone.
Additionally, the existing structures and all proposed improvements greatly
exceed all applicable setbacks as listed above.
This proposal is determined to be a Ma3or Modification to a Conditional Use
as defined by Sec.b11918.130. which respectively state:
A change in the type and location, of accesswayd and parking areas
where off-Site traffic would be affected.
An increase in the floor area propoaed for nonresidential use by more
than 10 percent where previously specified.
Section 18.130.040() (Approval Standards and Conditions) aitate0:
STAFF REPORT CUP 91-07 Tigard High School - District 2313 Page 4
•
An enlargement or alteration of an existing conditional use shall be
subject to the development review provisions set forth in Chapter
18.120 (Site Development Review).
According to Section 18.120.070aagl, this application is also determined
to be a Major Modification to approved plans or existing development due
to an increase in the floor area proposed for a nonresidential use by more
than 10 percent excluding expansions under 5,000 square feet. This current
application proposes an expansion of approximately 17,200 square feet which
will occur in two phases.
Section 18.50Naka4) (Dimensional Requirements) states that the maximum
building height in an R-4.5 zone shall not exceed 30 feet in height. The
proposed site improvements are proposed to be approximately 26 feet tall
at the highest point and therefore comply with this height restriction.
Section 18.120.a. contains the approval standards for Site Development
Review. These standards are addressed in the following analysis.
§2t9'L18 106 (Parking) requires that 1.5 parking spaces be
provided for each employee, plus 1 space for every 6 classroom seats, and
1 space for each 100 square feet of floor area or 1 space for each 8 seats
in the auditorium or other assembly room, whichever is greater.
There are currently 544 parking spaces available, including those on SW
92nd Avenue. The applicant has provided a Ltailed analysis which
correctly states that, according to current code standards 636 parking
spaces are required on-site. Therefore, there 'are currently 92 fewer
spaces than on-site that are currently required for this development. Code
Sectidn 18.106.020(D1(1).121 states that in the case of enlargement of a
building or us' of land existing on the date of adoption of this title, the
number of parking and loading spaces required shall be based only on floor
area or capacity of such enlargement. Therefore, it is not required that
these 92 parking spaces be provided to demonstrate compliance with current
code standards. The parking provision requirements which are the subject
of this application concern the additions proposed in phases two and three
only.
Phase two proposes an addition of a commons area and a music room to be
located in the front of the existing main building. This will involve a
10,000 square foot addition to the existing development. The existing
music room will be converted into teacher' offices and be replaced by a
new music classroom. Therefore, no additional parking spaces will be
required for phase two.
Phase three proposes the addition of six permanent classrooms to be built
on the east side of the main school building. These classrooms will
replace the three temporary dual classroom modulars (ein classrooms) which
were approved for thief site as part of Phase by Conditional Use Permit
CUP 91-0001(C). The applicant states:
These classrooms will replace the four portable Classrooms (approved
as part of Phase I) presently located southeast of the main building
as illustrated on the Site plan. The net increase of two classrooms
will require an additional eight parking spaces.
The previals Conditional Use review approved the temporary siting of six
portable units on this site No additional parking was required as a
condition of that approval. It Was stated that the issue
of adequate
parking at Tigard High School would be addressed later (Within this present
application). Therefore, parking for the addition of six permanent
classrooms will require the provision of 24 additional parking spaced (24
STAFF' REPORT CUP 91-07 Tigard High School - District 23 J Page 5
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seats/classroom X 6 classrooms, divided by 1 seat per every 6 classroom
seats = 24 additional parking spaces).
Phase three also proposes an expansion of the west gymnasium of
approximately 7,200 square feet located on the north Bide of the building.
This will require the displacement of 24 parking spaces which will be
relocated south of the stadium. The existing driveway entrance directly
worst of the stadium will be used to access to these spaces.
The applicant states that this 7,200 square foot addition will not result
in a need to provide any additional parking spaces. However, staff
contends that additional spaces are required for this addition. As
previously stated, Section 18.106.030(8)(9)(c) requires that parking
allocations be determined by whichever option generates the greater
requirement. The area of the gymnasium, after the Phase III addition, will
be approximately 19,520 square feet (12,320 current + 7,200 proposed).
This would require 195.2 parking spaces. With reference to a telephone
conversation with Mr. Chuck Selig on 10-15-91, there will be seating for
approximately 300 people within this new addition. Thug, the total number
of seats in the West Gymnasium will be approximately 1,463 (1,163 current
+ 300 proposed) which would require 182.9 parking spaces. When these two
figures are compared with the 146 spaces which are required for the current
auditorium, it le evident that the figure of 195.2 spaces is the greater
requirement. Therefore, the difference between current gymnasium parking
requirement and the proposed is 72 spaces. The added parking needed for
the gymnasium addition is 72 spaces.
In sum, these 72 spaces plus the 24 spaces necessary for the addition of
six classrooms produces a total of 96 additional parking spaces which must
be provided on this site as a result of the proposed improvements. An
analysis of compliance with the total parking requirements is covered
within the analysis of the Variance request.
The parking spaces along SW 92nd Avenue appear to be located in the public
tight-of-way. However, these spaces are on-site spaces and, until
recently, entirely out of the public right-of',way. Condition of Approval
number six (6) of CUP 91-0001(C) required additional right-of-way
dedication of SW 92nd Avenue thereby increasing the right-of-way to 30 feet
from centerline. This dedication has caused the end of each of the
perpendicular parking stalls on SW 92nd Avenue to now project into the
public right-of-way. While the exact location of this new right-of-line
has not been surveyed, if is apparent that a portion of these spaces will
be within the new street right-of-way. Section 18.132.042121 allows for
the contintetion of the use of these parking stalls as long as the
specified criteria are met. Staff has determined that the existing
perpendicular parking spaceS on SW 92nd AVenUe have become nonconforming
due solely to the dedication of the additional five (5) feet of tight--of-
way which Was required by the aforementioned condition number six.
Therefore, these existing spaced should be granted a legally nonconforming
stetted as per this code section.
gegtkere_i refers to State of Oregon House Bill 2084, which
became effective September 1, 1990, requiring two disabled person parking
spaces if 26 to 50 parking spades are provided plus one space for every
additional 100 parking spaces Or fraction theteof that are provided. This
regulation then requites the provision of eight (8) such spaces. Staff
understands that there are CurteAtly seven (7) Such spaces provided on-
site. Therefore, one additional disabled person parking space must be
provided.
section 18,1o6,02p(p) Bicycle Parking
is required for every 15 automobile
STAFF RBPORT CUP 91-07 Tigard High school
,
states that 1 bicycle parking space
parking spaces. According to the
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District 23J Page 6
41,
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previously approved CUP 91-0001(C) the bicycle racks located adjacent to
the school building provide much more than the minimum number of required
bicycle parking spaces.
Section 18.100.110 (Screening: Special Provisions) requires screening of
parking and loading areas. This provision applies to the new parking areas
which are proposed to be created on-site, rather than applying to previous
decisions regarding the existing development. The proposed site plan
indicates, and Staff agrees, that retaining the existing screening and
landscaping will suffice for the newly modified parking areas. Therefore,
this code section has been eatisfied.
Section 18.102.020 (Visual Clearance) requires that a visual clearance area
be maintained along the intersections of all public and/or private right-
of-ways. This proposal will create no additional right-of-way intersection
other than that which has previously been approved. Additionally, no site
improvements are proposed within visual clearance areas. Therefore, this
code requirement is satisfied.
Section 18.114.130(A1 (Signs) allows the placement of wall, and
freestanding signs on the site. No signs permits or sign modifications are
requested as part of this application. Therefore, signs shall be addressed
if and when the applicant requests approval for Lditional sign permits or
modifications on this site.
Section 18.130.035 (Phased Development), states that the Hearings Officer
may approve a time schedule for developing a site in 'phases over a period
of time of one year, but in no cape shall the total time period for all
phases be greater than three years without reapplying for conditional use
review. Additionally, the criteria for approving a phased conditional use
review proposal is that all of the following be satisfied:
1. The public facilities shall be constructed in conjunction with
or prior to each phase.
2. The development and occupancy of any phase shall not be
dependent on the use of temporary public facilitieg.
a. A temporary public facility is any facility not
constructed to the applicable City or district standard.
3. The phased development shall not result in requiring the City
or other property owners to construct puble!-c facilities that
were required by approved development proeosal.
4. The Hearings Officer'e decision may be appealed as provided by
18.32.310(B). No notice need be given of the Hearings
Officer's decision.
The applicant has requested approval of a three year phased development
schedule for this three phase development (Phase 1 was previously approved
as CUP 91-0001(C)). Staff finds that this request meets these code
requirements in that: 1) the sidewalk Which is to be constructed along the
site's frontage on SW 85th Avenue shall be constructed as specified LA
Condition of Approval number one; 2) no temporary public facilities are
proposed as a part of the application; and 3) neither the City nor other
property owners are being required to construct any public faCilitied in
connection with this application as a result of this phased development
approval,
(Sidewalks) states that, except where exempted
sidewalks shall be constructed, replaced or repaired to
STAFF REPORT CUP 91-0/
Tigard High school - District 23d Page 1
City design standards as set forth in the standard specifications manual
and located "on both sides of local streets and in pedestrian easements and
rights-of-way. ..to be constructed along all portions of the property
designated for pedestrian ways in conjunction with development of the
property." As previously discussed in the Engineering Department comments,
SW 85th Lvenue is designated as a local street. There are ne sidewalks
located on the west side (High. School side) of the roadway. Therefore, a
sidewalk should be constructed on the west side of SW 85th Avenue.
Sectionh 18.164.090 (Sanitary Sewer), and 111,10Agja (Storm Drains) shall
be satisfied as specified above by the Engineering Department.
FINDINGS AND CONCLUSIONS - Variance:
The applicant has also requested Variance approval to allow the conversion
of the 15 parallel parking spaces on the east side of SN 92nd Avenue near
the tennis courts into 27 perpendicular and 5 parallel parking spaces as
part of the Phase II approval. This would 7ield a net increase of 17
parking spaces. Because these spaces will be partially located in the
public street right-of-way and vehicles will be required to back up into
.a public street, variance approval .related to two Code Sections
necessary; specifically, Sections 18.106.020(W) and 18.108.060(B)(1). The
standards for Variance approval are found in Section 18.134.050/Aland are
as follow: •
(1) The proposed variance will not be materially detrimental to the
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies of the
Community Development •Code, to any other applicable policies
and standards, and to other properties in the same zoning
district or vicinity.
. • '
Code Section 18.106.020(a does not allow the use of on-street
parking for satisfying Code parking requirements. • Section
144,211121.00(Elill does not allow service drives to require or
facilitate the backward movement or other maneuvering of a
vehicle within a street. The purposes of these code sections
are to assure 1) that sufficient on-site parking is provided
for developed property, and 2) that safe access is provided and
maintained for the operation of such parking facilities.
The approval of these additional spaces which are to be
partially located in the right-of-way, in addition to.thobe
Spaces which have received a legally nonconforming status for
the same, would be in direct opposition to Section
18,108,020(W). The effect would be to increase the number of
spaces which do not conform to other code standards.
While Section 18.108.060(B)(1) speaks directly to a service
drive or drives, the intent of this code requirement is to
prevent the creation of parking spaces which will require the
backward movement of vehicles into traffic ways (service drives
as well as public streets). The proposed conversion of the
parallel parking spaceri into perpendicular spades would require
that vehicles using these Spaced back into a public right,..of-,
way.
Ad previously discussed, the parking Spaces located along SW
92nd Avenue are interpreted to be legally nonconforming as per
section 18.132.040(H). However, this section also ctates that
the legally nonconforming use shall not be "enlarged, increased
STAFF REPORT CUP 91-07 Tigard High School - District 23J
Page 8
4. .
LEGIBILITY STRIP
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or extended to occupy a greater area of land or space than was
occupied at the effective date of adoption or amendment of this
title. The request to expand the number of nonconforming
parking spaces is not approvable. Therefore, this criteria is
not met.
(2) There are special circumstances that exist which are peculiar
to the lot size or shape, topography or other circumstances
over which the applicant has no control, and which are not
applicable to other properties in the same zoning district;
The applicant states that Tigard High School was "established
in 1953 and the size of the property and location of many of
the existing facilities were determined before the growth that
has occurred in the District could have been anticipated. Ti
the school was being built today, it would be designed
differently to make more efficient use of the property." Staff
agrees that these circumstances are unique to this site and do
not apply to other properties in the same zoning district.
However, there appears to be considerable property within the
site is available for additional parking.
The use proposed will be the same as permitted under this Code
and City standards will be maintained to the greatest extent
possible, while permitting some economic use of the land
This criteria is not satisfied in that City standards are not
maintained to the greatest extent possible. Code Sections
18.106.040(A) (1) and 18.120.170(8) provide.the opportunity for
both the applicant and Staff to further* address the issue of
additional parking spaces. These code sections shall be
further discussed under criteria number five.
(4) Existing physical and natural systems, such as but not limited
to traffir:, drainage, dramatic land forms or parks will not be
adversely affected anymore than would occur if the development
were located as specified in this title.
No physical or natural systems will be effected by the addition
of the proposed perpendicular. parking- spacesr with the
exception of traffic. The comments which have been received
from the Police Department state "I'm concerned about the
Safety issue of converting the spaces on 92nd to perpendicular
and will defer to the traffic engineer as to whether it can be
done safely or not," In reviewing the comments from the City
Engineering Department, L. is evident that traffic on SW 92nd
Avenue will be negativeiy impacted; "...no additional on-street
parking should be allowed on 92nd Avenue, especially north of
Martha Street.". Therefore, this criteria has not been met.
The hardship is not self-imposed and the variance requested is
the minimum variance which would alleviate the hardship.
While ttaff agrees with the applicant that "a major .
redevelopment of the total facility is not feasible or
desirable", it is important to note that there is another
alternative available, in addition to placing parking on
another portion of the site that id underutilized, whiCh would
enable the High School to provide this additional parking on-
site. specifically, Section mio6.49161111 (Compact Cat
Spaces) states:
(3),
(5)
STAPP REPORT CUP 91.07 Tigard High School - District 237 Page 9
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Up to 25 percent of the required parking spaces may be
compact spaces.
There are currently no compact parking spaces located on the
Tigard High School site. Staff contends that the re-striping
of a portion of the existing and proposed parking spaces (not
including the parallels spaces on SW 92nd Avenue) so that 25
percent of the on-site parking is designated as compact parking
will provide space for an additional nine (9) parking spaces
above that which will be provided by the construction of Phases
II and III. Thus, the number of required and potential parking
spaces is detailed as follows
544 Existing spaces
72 Rev ir d for gymnasium expansion
24 Required for six classroom addition
640 Spaces required
Potential spaces (544 Existing 103 Proposed -
630 17 spaces disallowed on 92nd)
X25% Compact allowance
157 Compact spaces
1,413 Width of standard stalls X 157
Width of compact stalls X 157
79 Additional feet for parking
79 Additional fee for parking
9 Divided by standard stall width
9 Additional parking spaces
9 • Additional parking spaces
630 Potential parking spaces (prior to restriping)
639 Potential parking spaces after on-site restriping
The High School must still provide for one (1) additional on-
site handicapped parking stall. In order to meet this code
requirement, one standard parking stall must be converted to
the handicapped dimensions. This produces a loos of one third
of a parking stall from the total (9- foot-wide-standard-stall
as opposed to a 12 foot wide handicapped stall). . This 79 feet
which is available for additional parking stalls has in
effect, been reduced to 76 feet. This may be seen as the
ability to add 8 additional standard width parking stalls to
the High School site. Therefore, in staff's analysis, with 640
space., are required for this three phase development, and a
potential of 638 parking spaces on-site, the High School will
be deficient by only two parking apaCes.
Section 18.120.1,12001.1111 states that the Director may grant an exception
or deduction to the off-street parking dimensional and minimum number of
space requirements in the applicable zoning district based on the following
criteria:
There is community interest in the preservation of particulal7 natural
feature(s) on the Site, public transportation is availdble to the
site, and reducing the standards will not adversely affect adjoining
uses, therefore the public interest is not adverSely affected by the
granting of the exception.
STAFF REPORT CUP 91-07 Tigard Iigh school - District 23J Page 10
4.
Staff contends that the reduction in the parking standards by only two
spaces will not adversely affect the residents in nearby neighborhoods or
the public interest for the following reasons:
1. A memo from Mr. Al Zimmerman to Mr. Chuck Selig on March 15, 1991
provider; an estimation of the number of students eligible to drive
to school on an annual basis. By thie estimation, there will be only
600 to 800 such students between the school years 1992-93 and 1995-96
as opposed to the 1,050 students of driving age who now attend Tigard
High School. There will be an estimated 250 fewer students of
driving age attending the high school next year than this year
2. High School students parking in the residential areas near the High
School has been a source of frustration to area residents. On August
13th, the Tigard City Council approved an ordinance which will
enforce a new residente-only parking zone near the High School. This
parking restriction will begin in October when the signs are posted.
Additionally, this restriction will be in effect daily from 8 a.m.
to 3 p.m. This parking restriction will not apply during weekends,
evenings, holidays, school vacations or during evening eporting
events at the High School. No other residential parking restrictions
for other area will be considered until Council reviews the program
after the one year trial period.
3. Since the number of students Of driving age is predicted to decrease
by such a substantial amount next year, as a result of the
construltion of the new high school in Tualatin, and since the area
residents together with the Tigard City Council have agreed to and
instituted a reeidents-only parking restriction on a one year trial
basis, staff contends that the positive effect of requiring the
physical construction of two additional parking stalls on this site
would be negligible. Therefore, staff proposes the granting of an
exception or deduction to the minimum number of off-street parking
spaces required on this site by two spaces.
With the granting of this exception, the School District has the
ability to provide all of the required off-street parking spaces on
the High School site Should the School District desire to provide
additional parking spaces above that -Ihich this code requires, these
spaces shall be provided elsewhere onsite -and not.byrestriping.the
parallel spaces on SW 92nd AvenUe.
C. RECOMMENDATION
The Manning DiVision recommends APPROVAL of Conditional Use Pent CUP 9-
0007 subject to the following conditions, The Planning Division also
recommends DENIAL of Variance VAR 91-0017:
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING
PVRMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR It CONDITIONS
SHALL BE CHRIS DAVIES, ENGINEERING DIVISION:
1. Public improvement plane for the construction of the sidewalk on SW 85th
Avenue shall be submitted for teview and approval to the Engineering
Departmenb,
2 Building permits Will not be issued and construction of proposed public
improvements shall not commence until after the Engineering Department has
reviewed and approved the public Improvement plans and a street opening
permit had been illeUed, The payment oE a permit fee is reqUired.
STAFF REPORT CUP 91-07 Tigard High School District 23J
Page 11
3. An erosion control plan shall be provided as part of the improvement
drawings. The plan shall conform to "Erosion Control Plans - Technical
Guidance Handbook, November 1989."
4. No additional parking shall be allowed on SW 92nd Avenue.
S. A tree removal permit shall be obtained prior to the removal of any tree
on this site that is over six (6) inches in diameter when measured four
feet up form grade. STAFF CONTACT: Victor Adouri, Planning Division (639-
4171) .
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE
OP THIS DECISION.
Prepared by:
1
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STAFF REPORT CUP 91-07 Tigard High School District 23J
Page 12
•to
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FACT SHEET
RESIDENTIAL PARKING PERMIT ZONE
CITY OF TIGARD
OREGON!
‘,.----
woramaama
AREA:
APPLICATION
PROCESS:
RESTRICTION:
City streets around the Tigard High School including 93rd, Millen,
Martha, 87th, 88th, Stratford Loop and Court, and Avon Court and
Street.
Application for residential and guest parking pemits are available
through the Tigard Police Department on a City application form.
Applications are onl acc_y__Aptesitjmy hffg;t
Parking on the streets within the residential parking permit zone
without a permit will be prohibited on school days from 8:% MM. to
300 p.m.
COST: $10,.00 per parking permit for each vehicle mgistered ;n the zone that
street park. Permit cost is per year.
GUESTS: Owner can apply for a guest parking permit. Cost is $10.00 each
which is good for one year and is registered to the residence
address. Maximum number of guests permits per household is one.
EXEMPTIONS: You may feel that you need an extra guest permit if, for example,
you have a regular worker, such as a nurse or housekeeper, and
using a designated guest permit would be difficult or impossible, the
Police Department is set up to handle requests for special
exemptions on a case by case basis.
PERMIT ABUSE: Permit abusers who allow improper use of their residential or guest
permit and those that use them improperly are subject to a fine and
loss of permit privileges.
FOR ADDITIONAL INFORMATION, CONTACT THE TIGARD POLICE DEPARTMENT
RECORDS SECTION AT 639-6168
Rev. 7/16(91
13125 SW Hall Blvd. P.O. Box 23397, Tigard, Oregon 91223 (&)3)639-17i
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