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MMD2016-00010
MMD2O16 - 0001O The Collective Church, Inc . NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2016-00010 111 fi THE COLLECTIVE CHURCH, INC. T I G A R D 120 DAYS =July 26, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: The Collective Church, Inc. CASE NO.: Minor Modification (MMD) MMD2016-00010 PROPOSAL: The applicant is proposing a change of use to a newly-created tenant space at 6825 SW Sandburg Street. The space, 11,921 square feet in size, is changing from an office use to religious institution, The Collective Church, Inc. The proposed religious institution will have 200 seats in the main assembly area. APPLICANT: The Collective Church,Inc. P.O. Box 1186 Tualatin,OR 97062 OWNER: Vigilant Attn:Jay Seeley 6825 SW Sandburg Street Tigard,OR 97223 LOCATION: 6825 SW Sandburg Street;WCTM 2S101DD,Tax Lot 400 ZONING DESIGNATION: C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses at a minimum density of 32 units/net acre,i.e.,equivalent to the R-40 zoning district, are permitted in conjunction with a commercial development. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. h1N11)2016-00010'1'hc(.t,Ilccmc(:hurch,Inc. 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 6825 SW Sandburg Street; north of SW Sandburg Street, southwest of Highway 217, and east of SW 72"Avenue. The subject property is an 11,921-square-foot tenant space within an existing commercial building. The 1.52-acre development site is made up of one parcel and includes one 24,170-square-foot commercial building, 76 parking spaces, and associated landscaping. The site is zoned Professional/Administrative Commercial (C-P), as are adjacent properties to the north, south,and east;adjacent properties to the west are zoned Industrial Park(I-P). Proposal Description: The applicant is proposing a change of use to a newly-created tenant space at 6825 SW Sandburg Street. The space, 11,921 square feet in size, is changing from an office use to religious institution, The Collective Church,Inc.The proposed religious institution will have 200 seats in the main assembly area. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a Minor Modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title; and Because the applicant has only proposed a change of use (from an office to a religious institution), which primarily affects off-street parking regulations, that is the main focus of this review. The subject tenant space is located on the second floor of an existing commercial building,and is 11,921 square feet in size. The remainder of the 24,170-square-foot commercial building is occupied by the property owner, Vigilant (an office use). The 1.52-acre development is a multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Spaces Percentage Total Spaces Footage Required Required Required Office 12,249 33 100 33 Religious Institution 11,921 6- 85 57 (200 seats) TOTAL 90 The property contains 76 parking spaces, which does not meet the minimum off-street parking requirement based on the calculations above. However, the applicant has set up a joint parking use arrangement with Vigilant, in order to meet the minimum off-street parking requirement. This is allowed under TDC 18.765.030.C: "Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the director in the form of deeds, leases or contracts to establish the joint use; \1\1D2016-0001O The Collective Church.Inc. 2 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately." As outlined in TDC 18.765.030.C.1, the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger use, which in this case is 57 spaces required for The Collective Church, Inc. The joint parking use arrangement,included in the applicant's lease agreement, meets the requirements of 18.765.030.C.2 because the lease is satisfactory legal evidence. Staff finds that the hours of operation for the two businesses do not overlay, and there is adequate off-street parking for each use in turn,with 76 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met.This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do not apply. Therefore,the proposed development is not a major modification.This criterion is met. CONCLUSION: The proposal is a Minor Modification of existing site development and is in compliance with the applicable requirements of this Tide. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 29, 2016 AND BECOMES EFFECTIVE ON MARCH 30, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. • `i .e March 29.2016 APPROVED BY: Lina Smith Assistant Planner M111)2016-00010 The Collective Church,Inc. 3 APPLICANT MATERIALS DocuSign Envelope ID:ED62B809-ECBA-46D1-A871-7B98E27252EB RECEIVE D MAR 15 2016 INI City of Tigard CITY OF TIGARD COMMUNIIZ DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING TIGARD Minor Modification Type I Application Jo PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Proposed Minor Modification to permit a religious institution use ELEMENTS to be located within an existing structure in the C-P zoning district. The Collective Ct lurch wilt utilize the lower level space currei illy designated as Owner's Signature/Written A-3 Orrupanry The Collective chilrch is proposing to hold a weekly 11.00am Authorization Sunday service for 200 church members. itle Transfer Instrument or Deed Site Plan(2 large plans drawn to scale nd one reduced to 8.5"x11'/2") Property address/location(s): Sandburg Building Applicant's Statement/Narrative 6825 SW SandburgSt.,Tigard, OR 97062 (2 copies)Address criteria in: ul� Ih..�(,un6ll.li.I 1 Tax map and tax lot #(s): Tax Lot 400 Filing Fee Tax Map 2S101DD Washington County, OR Site size: 1.52 acres +/- FOR SIAFF l SE ONLY The Collective Church, Inc nii2)QO/�—CM/0 Applicant': Case No.: '�'/ Address: PO Box 1186 Tualatin, OR 97062 Related Case No.(s): City/state: Zip: 1 i 503-572-0295 erouse4@gmail.com Application Fee: Phone: Email: Application accepted: By: Ls Date: /"—A, PROPERTY OWNER/DEED HOLDERS) ❑ Same as Applicant Name: Vigilant Application determined complete: Address: 6825 SW Sandburg St By: LS Date: ill I4 Tigard, OR Zip: 97223 I.\CURPLN\Masters\Lind Use Applications Rev.11/24/2014 City/state: Contact name: Jay Seeley Phone number: 503-620-1710 .When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either I 8.16i)A);)(I B' or 18 3,i H12(1 B 2 must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review, the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 DocuSign Envelope ID:ED62B809-ECBA-46D1-A871-7B98E27252EB APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as described on the front of this application in the "Required Submittal Elements"box. THE APPLICANTS 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,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. SIGNATbyIE§ of each owner of the subject property required. igne by: 3/14/2016 I 8:54 PM PT Robert Donnelly �5(E30C12B1E/14E6_. Applicant s signature Print name Date Docu Signed by: J J Jay Seeley 3/14/2016 I 1:45 PM P- Owner1signature F4A9 Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 RECEIVED WFG National Title Insurance Company MAR 15 2016 a' illOtnn Financial GroupCnnlpNny CITY OF TIGARD PLANNING/ENGINEERING Prepared For: Prepared By: Amber Wilson Prepared Date: 3/11/2016 WFG National Title- Customer Service Department 12909 SW 68th Pkwy#350 Portland, OR 97223 Phone: 503.603.1700 Fax: 888.833.6840 E-mail: cs@wfgnationaltitle.com OWNERSHIP INFORMATION Owner : Vigilant Ref Parcel Number : 2S101 DD 00400 CoOwner : T: 02S R: 01W S: 01 Q: SE QQ: SE Site Address : 6825 SW Sandburg St Tigard 97223 Parcel Number : R0459907 Mail Address : 6825 SW Sandburg St Tigard Or 97223 County : Washington (OR) PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land : $1,270,480 Census Tract : 307.00 Block: 2 Mkt Structure : $2,262,550 Neighborhood : ZFWY Mkt Total : $3,533,030 School District : Tigard %Improved : 64 Subdivision/Plat : Salem Fwy Sub M50 Total : $3,279,670 Class Code : Single & Small Office Levy Code : 02374 Land Use : 2210 Com,Commercial Improved 15-16 Taxes : $51,238.48 Legal : SALEM FREEWAY SUBDIVISION, LOT PTS Millage Rate : 16.6286 : 1-2, ACRES 1.52 l _ PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : 1.52 Year Built : Bathrooms : Lot SqFt : 66,211 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : 24,617 Roof Shape: Dishwasher: 1stFIrSF : 24,617 Roof Matl : Hood Fan : UpperFlSF : InteriorMat : Deck : Porch SqFt : Paving Matl: GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : TRANSFER INFORMATION Owner(s) Date Doc# Price Deed :Vigilant :Toc Management Services Inc : 9540806 : • • • • • This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. WFG National Title N Customer Service Department WFG National Title Insurance Company 12909 SW 68th Pkwy#350 a Williston Financial Group company Portland,OR 97223 w 4 s Phone:503.603.1700 Fax:888.833.6840 E-mail:cs@w1gnationaltitle.com S Parcel # : R0459907/ 2S101 DD 00400 sv, •10 1704 I • BF 9L F9r p oy Wx ri A C • g9Q O �ABINNOTONon COUNTY s ORENwR n ,i y .,u, -,W'� n I23-74 B 0,,„ D D 2 23-81 /0011.4A,MAPS...V,W.wt.,/•, 1,1HFF? _ ,. .. ISECTION 01 4 s 33 . N m1tp • ,,ti 1 _ _ U ■Assessmen+ qt ' T a x a t 1 0 ,- - •7 .. 2 W TIGARD �,,• 2S 1 O1DD 2S 1 01DD This map is a copy of public record and is provided solely for informational purposes. WFG National Title assumes no liability for variations, if any,in dimensions,area or location of the premises or the location of improvements. Customer Service Department WFG National Title Insurance C;ompanti' 12909 SW 68th Pkwy C #350 N'lIi.um FinGroupancial u�company WFG National Title a Portland,OR 97223 w w E Phone:503.603.1700 Fax:888.833.6840 N E-mail:cs@wfgnationaltitle.com s Parcel # : R0459907/ 2S101 DD 00400 • '4. EASEMENT nd-3041 373.23 V 699.50 • - 250.40 ,15.52 T 196.54 fi- a. a Cil ril O ,W., 401 1 10u to :. N Z -i 1.2 3 ...52 AC8 1 2 .1.38 AC .. 1.16A . r:x .... ...... ,:, ... ... ... 0 :.: 0 .. l .. 3 432,95 D 214.41 t STREET .z., -''�'=: 90.92 % 197.35 •... 298.17 9(p� ]• t73 \ 702n r` 670 s 1.00 AC ^ J 2.58 AC \\ .- \ (170-041 733 0G N88.47.501.1, 170.03 — _-__ 53297 ------ 700.30 ----- ----- 'i.:2 N99.52E 1075.75 N33-47-50W . 115.00 115.00 N89-52E This map is a copy of public record and is provided solely for informational purposes. WFG National Title assumes no liability for variations, if any, in dimensions, area or location of the premises or the location of improvements. •TICOR TITLE INSURANCE STATE OF OREGON SS County of WMRlnplon . QUITCLAIM GEED of A1110110- This Spacmom ;ii 's LA_ County GRANTOR. Colltron. Inc, ar ►�corv+d f 'atsasd GRANTEE' TOC Management Services e�Y,' „ ••�rte���,'� Until a change is requested.all tax statements shall be - li ^p ' ' sant to the following address. eta of 4' TOC Management Services • Taxation.Ex- 6823 SW Sandburg OI1dOCwlfilyClerk Tigard. Oregon 97223 Dot 200007/506 Rect: 263066 27.00 Escrow No. 750952 Tulle No 730932-RH 09/11/2000 03:10:27po After recording return to TOC Management Services 6425 SW Sandburg Tigard, Oregon 97223 10 ti) QUITCLAIM DEED W COILTRON, INC.,an Oregon corporation Grantor. releases and quitclaims to TOC MANAGEMENT SERVICES, as 1` Oregon non-profit corporation Grantee, the following described real property situated in Washington County, Oregon. to wit. SEE. 'LEGAL DESCRIPTION' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. IMP THE PERSON ACQUIRING FEE TITLE TO THE. PROPERTY SHOIA.D CHECK WITH THE APPROPRIATE CITY OR sob COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 0 The true consideration for this cunvevance is S0.00•• (Here comply with the requirements of ORS 93 030) "This Deed is being given to release the undersigned's intersst in said properly as disclosed by Assignment of Lease recorded October 31. 1996 under recording number 96097817 and further disclosed by Estoppel Certificate and Subordination Agreement recorded October 31, 1996 under recording number 96097816, records of Washington County, Oregon. 1 1 mm Dared this ! day of 20 s••�V Cc>.1 n, I . Ara • rliar es V. Ho i ent Stare of Oregon.C'ounis of Y The foregoing instrument was acknowledged be re me chis 1,911t dd.!, ut . 20� by Charles V �Hort. President (off Col/trots. ,rt , Inc.. an Oregon corpauon. on behalf of id corpivariun _ Now) Public for Oregon ,^ OFF1CtALOFAL ta la My commission expires /u( i C DwilINCN� c 2038 WY col s 8U w 3 I -L ° • Exhibit'A' Leel Description A parcel of land being•portion of Lot 2, SALEM FREEWAY SUBDIVISION, of the Washington County Piet Records and located within the Southeast one-quaier Section 1. Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard.County of Washington and State of Oregon, with said parcel being more particularty described as follows Beginning at the most Westerly Southwest corner of said Lot 2, said point also being on the Northerly tight-0f-way line of SW Sandberg Street,thence along the Westerly line of said Lot 2 North 01° 13'00' East, 212.20 feet to the Northwest comer of said Lot 2.thence along the Northerly line of said Lot 2 South 88°47'00' East.35.82 feet to a 5/8 inch iron rod with yellow plastic cap stamped'WRG Design. Inc';thence leaving said Northerly line and parallel with said Westerly line South 01° 13'00'West. 151 94 feet to a 5/8 inch iron rod with yellow plastic cap stamped'WRG Design. Inc thence South 58' 17'54'West, 28 55 feet to a 5/8 inch iron rod with yellow plastic cap stamped'WRG Design. Inc.': thence South 18°45' 20'West,45 58 feet to the point of beginning. •BOK OEEMMON PAGE 1 OP 1 MOP Mt.w>fwwR COEMANY Nab Mr SALMON PORTLAND OPWPM$m NARA DocuSign Envelope ID:CDFF33EB-E537-44F9-ADF2-5AE55B7ABF69 RECEIVED • MAR 2 8 2016 CITY OF TIGARD PLANNING/ENGINEERING 1 OFFICE LEASE 2 3 4 SECTION 1. LEASE TERMS. 5 6 1.1 Date of Lease February',2016 7 . 8 1.2 Tenant: Big Belief, Inc. 9 Trade Name: The Collective Church 10 Premises Address: 6825 SW Sandburq Street 11 Tigard,OR 97223 12 13 Notice Address: Big Belief,Inc. 14 POBox 1186 15 Tualatin,OR 97062 16 17 1.3 Landlord: Vigilant 18 Notice Address: 6825 SW Sandburg Street 19 Tigard,OR 97223 20 21 Address For Payment of Rent: same as above 22 23 24 1.4 Premises: Suite 100 in the Sandburq Office Building (the "Building") with a street address of 25 6825 SW Sandburg Street in Tigard,Oregon, as generally described on the Site Plan attached hereto as Exhibit A. 26 27 28 1.5 Building Rentable Area: Approximately 23,083 square feet. 29 30 1.6 Premises Rentable Area: Approximately 11,360 square feet as described on Exhibit B. 31 32 1.7 Load Factor: nla. 33 34 1.8 Permitted Use of Premises: 35 Office,meetings,training&worship 36 37 1.9 Tenant's Proportionate Share: 49.2%. If the area of the Building is increased or decreased, 38 Landlord may modify Tenants Proportionate Share to reflect such change. 39 40 41 1.10 Common Areas: All areas and facilities outside the Premises and within the real property upon 42 which the Building is located(the"Property")that are,from time to time, provided and designated by Landlord for the 43 non-exclusive use of Landlord,Tenant and other tenants of the Building and their respective employees,guests and 44 invitees,as described on Exhibit A hereto. ©Commercial Assodation of Brokers Oregon/SW Washington(2/05) OFFICE LEASE(OR) ALL RIGHTS RESERVED 1 of 22 DocuSign Envelope ID:CDFF33EB-E537-44F9-ADF2-5AE55B7ABF69 1 2.1 Lease. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and 2 Tenant hereby leases from Landlord the Premises(or portion of the Building described in the Lease Terms). 3 4 2.2 Term. The Initial Term of this Lease shall be for the period set forth in Section 1.11 above, 5 commencing on the Lease Commencement Date and expiring on the Lease Expiration Date 6 7 2.3 Delivery of Possession and Commencement. Landlord shall deliver the Premises to Tenant in 8 good condition and repair with all improvements substantially completed in accordance with Exhibit C, attached 9 hereto and incorporated herein by reference. If Landlord fails to deliver possession of the Premises to Tenant on the 10 Lease Commencement Date, the Lease shall not commence and Tenant shall owe no rent until the later of(i)the 11 date Landlord tenders possession of the Premises to Tenant or(ii)the Rent Commencement Date. If Landlord fails 12 to deliver possession of the Premises to Tenant within ninety (90) days of the Lease Commencement Date, then 13 Tenant,as its sole remedy, may, by delivering written notice to Landlord within ten(10)days of the expiration of said 14 ninety (90)-day period, terminate this Lease. If there is any delay in delivering possession of the Premises to 15 Tenant, the term of this Lease shall be extended by the number of days of such delay. If possession of the 16 Premises is delivered prior to the Lease Commencement Date, Tenant shall have the right to occupy the Premises 17 subject to all of the terms and provisions of this Lease other than the payment of Rent, which obligation shall not 18 commence until the Rent Commencement Date. The existence of any"punch list"type items shall not postpone the 19 Lease Commencement Date. By acceptance of possession of the Premises hereunder, but subject to the 20 completion of all improvements to be performed by Landlord in accordance with Exhibit C hereto, Tenant 21 acknowledges that Tenant accepts the Premises "AS-IS, WHERE IS" and as suitable for Tenant's intended use, in 22 good and sanitary operating order,condition and repair,and without representation or warranty by Landlord as to the 23 condition, use or occupancy which may be made thereof and that the area of the Premises is as set forth in Section 24 1.6 above. 25 26 2.4 Expiration Date. The Expiration Date of this Lease shall be the date stated in Section 1.11 of the 27 Lease Terms. 28 29 2.5 Common Areas. Tenant shall have the non-exclusive right(in common with the other tenants of 30 the Building, Landlord and any other person granted use by Landlord)to use the Common Areas. Common Areas 31 shall include portions of the Building used in common, including, but not limited to, lobby areas, building corridors, 32 fire vestibules, foyers,electrical and telephone closets,common restrooms, mechanical and service rooms,janitor's 33 closets, loading docks and other similar facilities. Landlord shall have the right from time to time to designate, 34 relocate and limit the use of particular areas or portions of the Common Areas so long as such actions do not 35 materially and unreasonably interfere with the operation of Tenant's business in the Premises. 36 37 2.6 Parking, During the term of this Lease, Landlord shall make available to Tenant and Tenant's 38 employees the number of parking space(s), if any, set forth in Section 1.17 of this Lease in the parking areas 39 servicing the Building. Landlord shall only be obligated to provide such spaces in the manner Landlord deems 40 appropriate(i.e.,whether attended, unattended,marked stalls,or other means). 41 42 SECTION 3. RENT PAYMENT. 43 44 3.1 Rent. Tenant shall pay to Landlord all Rent for the Premises without demand, deduction or offset. 45 The term"Rent"as used in this Lease shall include Base Rent,Additional Rent(as hereinafter defined)and all other 46 sums due under the Lease. Rent is payable by Tenant in advance on the first day of each month commencing on 47 the Rent Commencement Date. Rent for any partial calendar month shall be prorated based on a thirty (30)-day 48 month for the number of days during that partial month the Premises are occupied by Tenant. 49 50 3.2 Additional Rent. The term "Additional Rent" means amounts set forth under this Section 3.2 and 51 any other sums payable by Tenant to Landlord under this Lease. 52 ®Commercial Association of Brokers Oregon/SW Washington(2/05) OFFICE LEASE(OR) ALL RIGHTS RESERVED 3 of 22 DocuSign Envelope ID:CDFF33EB-E537-44F9-ADF2-5AE55B7ABF69 1 The Section headings of this Lease are for descriptive purposes only and in no way define, limit or describe 2 the scope,intent or meaning of this Lease. 3 4 SECTION 29. CONSENT. 5 6 Except where otherwise specifically provided in this Lease to the contrary, whenever a party's consent is 7 required under this Lease,such party shall not unreasonably withhold its consent. 8 9 SECTION 30. LIMITATION ON LIABILITY. 10 11 Notwithstanding anything to the contrary In this Lease, except for the sole active negligence of Landlord 12 and its agents and employees, Tenant hereby releases Landlord, its agents and employees from (i) damage to 13 Tenant's property, (ii) damage arising out of the acts, including criminal acts, of other tenants of the Building or third 14 parties, (iii) consequential damages, and (iv) any damage, cause or matter that exceeds the value of Landlord's 15 interest in the Building. 16 17 SECTION 31. TIME OF THE ESSENCE AND HOLIDAYS. 18 19 Time is of the essence of each and every provision hereof. If the final date of any period of time set forth 20 herein occurs on a Saturday, Sunday or legal holiday,then in such event, the expiration of such period of time shall 21 be postponed to the next day which is not a Saturday,Sunday or legal holiday. 22 23 SECTION 32. COMPLETE AGREEMENT;NO IMPLIED COVENANTS. 24 25 This Lease and the attached Exhibits and schedules, if any, contain the entire agreement of the Landlord 26 and Tenant concerning the Premises, Building and Common Areas, and all prior written and oral agreements and 27 representations between the parties are void. Landlord and Tenant agree that there are no implied covenants or 28 other agreements between the parties except as expressly set forth in this Lease. Neither Landlord nor Tenant is 29 relying on any representations of the other party except those expressly set forth herein. 30 31 SECTION 33. SUCCESSORS. 32 33 This Lease shall bind and inure to the benefit of the parties, their respective heirs, successors, and 34 permitted assigns. 35 36 IN WITNS S HE'EOF,the duly authorized representatives of the parties have executed this Lease: 37 oocuSgnad by: Lie/K-00,44_ 38 LANDLORD: TENANT: fr� 57E300281E714E8... 39 By: 'Q..t� Vc`oS By: Robert Donnelly 40 Title: Pr 12-5.t Title: Member 41 Date: 1/1-4/1‘ Date: 2/23/2016 I 6:25 PM PT ©Commercial Association of Brokers Oregon/SW Washington(2/05) OFFICE LEASE(OR) ALL RIGHTS RESERVED 15 of 22 DocuSign Envelope ID:CDFF33EB-E537-44F9-ADF2-5AE55B7ABF69 EXHIBIT D RULES®ULATIONS Tenant shall have exclusive use of the lower level throughout the term of the lease. Because of the compatibility with Vigilant as occupant of the upper level, the following restrictions are placed on Tenant's use during Normal Business Hours, Monday—Friday 7:00 AM—6:00 PM: • No audible music or assembly activities. • No audible kid's activities. • No assemblies that take more than half the parking spaces on site. Tenant may otherwise use the Premises during Normal Business Hours for purposes of general office use, administrative uses,meetings,and conferences. • • ®Commercial Association of Brokers Oregon/SW Washington(2/05) OFFICE LEASE(OR) ALL RIGHTS RESERVED 19 of 22 ,`.0.0 dkryi N°ARRA , Ex15TING PARKING 46 SJBCCMACT(Cl33 `-' -" �' S•ANDARD 35 •'f VAN-'CARMOL Z A - I -_ __ __ '16.36%Ie009F <n u t./ w.» I_. x -Yr.1T , Ek15TING PdpCING AREA 662J T i _. �_. I_— -_ * •e q A� EEW oAIBC NGS ^,9¢ C 1 I I I TO-A-iNEW.ErlSt TO 265E6N) . l ' 1, 1 ilri! � ms,` µ rl _ .r...w .. 1f �R. 1 dJILOWG ad H r.( .,.,...� < •I O - ;� ww.ca.•aow LX ST 'r 4660 5F! Li 1 ._______:T4 �\ �f7� sr NEW ONLY '2JI Y Q • O I P e+.:__` i;.r_ DE`IOD iNEW IN 6115T.� Wes Z • 4 3 ��-�' .._� __ I .. 4. t _( .� �f'ri TOTAL NEW AREA e�Jm < < Y TOTAL.NEW.EY16T.! ',97 5F 320 V) •� x 7-7--^-1 ' ... - r �� ww EECOND c34,1 '',,,_,I.:.4. I o ExSTkG C1JLl' 1979 �f�� , _ I`/E e .r. NEW ONLY DE"IO D,N6W IN EYIST 5 JH9 J :� Gk 1 .y.'. 6 ,,' Y5 !' fI .�..� TordL ELI AREA 631J U II. I]]J9 5c >Z f J / TOTAL(NEW I EY15T; C4 p G, - T _wv....e f e v e w LoING Tp 44,NEW 15D5J 9F F., {�] 1� CI t �� • y I. TOTAL ALL idle 56 E-,ES yZ T x 1 w- 1 ,r.� . a ja% .q aC.7 9d A 3F , % / i _ 1 cn5 e ::, i * ioo0010. „7, 0 o, 'i •...., ..,.,,,, ,,„ _.Y..a. _ 1, CITY OF TIGARD • App by Plan ing Date: �-5 �2 SITE F-Al\ PLAN Initials: 7. S ,I4 T I ;SCKLE�'.•.7e'.O' .AF P.F FT p .F ETEE1J L a ',$) 64 6 . ;) ri (9) (g) (7-) (6) 1I (3) `) • °... , Y ,r J ,�""""�Co ' ypE,OFORf. l_ l 1 ' _ 1- I z " r.. 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I 1 4 1 I 1 11 {� O ITT z U m ii i3 z —4 n TOC MANAGEMENT SERVICES AN K R O M M O I S A N BUILDINGADDITION ASSOCIATED ARCHITECTS g 8� RR jg BUILDING 682S SW SANDBURG STREET IN@ I 'i� SECTIONS T[GARD,OREGON ...,�....m..«.,.gym......... ..R�.. «.. .,.,..-... 9 , 0Y.a;J`�y ®T...••••191161"19:••••• d �® a�F/amu T— i: 14•111 Q o.st.c.w•wmuo.,EOU1 •• _ it,NI • .wow.•�� • _ _— r— � I -. a I.COMM 1•1o�wla®wr WIT. I , _ J ••10,.•e II NMI NUM Mli, Q im �. 3 0 -i . L. _. I VAI ~ I ° n 0 -,Zr— I 'l < 11i ni 0 o°❑ O EiHEE'd§ rCapCra758 I`i- — I �•�� •' 0888°SO°000008800 NO 00°❑00°° °°°0000 �® I .•,: Cs It T/, NORTN Kit::1:...11..,.:: I i I Tv•E VI TO TYPE If ON Ea _ _ Ry _*I ° 1 WJ EXIST.,APPROVED LI.ITED EXTTS VALL REMAIN IN J_ RACE NEW DOORS r°S[waw WITH LEVER TYPE _i K IFN METING REWIRED APPROVED MT VAIN J ENE NA..SYSTEM UPGRADED fl MP °OWING OCCUPANCY TYPES WAS .., I SLIDING TOTAL NI EY SE -.1.- _. [ IIIIIII17___. r il'2 WI I , 9- IR_I -_-LIII it I _ll—r- . I S • IZ I T R I I O„ I I1 i I 111 z C y -b I a 1 l h UIIIIIIIIIIIIIIIIII-I c (.Ii I Fp,. a�rrM_SIGNATURE , 1 . ,, ,. „,,,.....:;, ......................_„:„_ ...,,,a,...,. =,.,....„.................._........ Ea L-, Rtv.a.11T IKK f1Mal I, matoNom AS-BUILT MAIN FLOOR PLAN costs • SCALE.ve+*a A2 RECEIVED 440".".\\0„ MAR 15 2016 CascadiaCITY OF TIGARD Planning;+ Development Services PLANNING/ENGINEERING PO Box 1920, Silverton, OR 97381 www.cascadiapd.com/503-804-1089 CITY OF TIGARD APPLICATION FOR LAND USE REVIEW THE COLLECTIVE CHURCH MINOR MODIFICATION - TYPE I APPLICATION Location: Sandburg Building 6825 SW Sandburg Street Tigard, OR 97223 Prepared by: Steve Kay, AICP Prepared for: The Collective Church, Inc. PO Box 1186 Tualatin, OR 97062 March 14, 2016 APPLICANT'S STATEMENT PROJECT NAME: The Collective Church Minor Modification—Type I Application REQUEST: Approval of a Minor Modification—Type I Application to Permit a Religious Institution to be Located in an Existing A-3 Occupancy Building Space in the C-P Zoning District LEGAL DESCRIPTION: Tax Lot 400 of Tax Map 2S101DD Washington County, Oregon APPLICANT'S REPRESENTATIVE: Steve Kay,AICP Cascadia Planning+ Development Services P.O. Box 1920 Silverton, OR 97381 503-804-1089 steve@cascadiapd.com APPLICANT: The Collective Church PO Box 1186 Tualatin, OR 97062 PROPERTY SIZE: 1.52 acres +/- LOCATION: Sandburg Building 6825 SW Sandburg Street Tigard, OR 97223 I. APPLICABLE REGULATIONS A. Tigard Comprehensive Plan B. Tigard Community Development Code: Chapter 18.360: Site Development Review Section 18.360.060: Minor Modification(s)to Approved Plans or Existing Development Section 18.360.080: Exceptions to Standards Section 18.360.090: Approval Criteria Chapter 18.390: Decision Making Procedures Section 18.390.030: Type I Procedure Chapter 18.520: Commercial Zoning Districts Section 18.520.030: Uses Section 18.520.040: Development Standards Section 18.520.060: Additional Development and Design Guidelines Chapter 18.745: Landscaping and Screening Section 18.745.020: Applicability Section 18.745.030: General Provisions Section 18.745.040: Street Tree Standards Section 18.745.050: Buffering and Screening Section 18.745.060: Re-vegetation Chapter 18.765: Off-Street Parking and Loading Requirements Section 18.765.020: Applicability of Provisions Section 18.765.030: General Provisions Section 18.765.040: General Design Standards Section 18.765.050: Bicycle Parking Design Standards Section 18.765.070: Minimum and Maximum Off-Street Parking Requirements Section 18.765.080: Off-Street Loading Requirements March 14,2016 Minor Modification—Type I Application Page 3 III. BACKGROUND: The applicant, The Collective Church, is requesting approval of a Minor Modification — Type I Application to permit a religious institution use to be located within an existing structure in the C-P Zoning District. The structure, commonly referred to as the Sandburg Building, is located at 6825 SW Sandburg Street on a site consisting of approximately 1.52 acres. The owner of the property,Vigilant, is a law firm that will continue to occupy the second story of the building. The applicant will be entering into a long-term lease with the property owner to occupy the lower floor of the structure. The attached Lower and Main Floor Plans indicate that the property owner will install three new doors to provide security for the law firm office. As demonstrated on the plans, independent ingress/egress and emergency exiting will continue to be provided for both the main and lower floor uses. The Collective Church use on the lower floor will be limited to a weekly church service and is consistent with the existing occupancy for the space. Specifically, the church is proposing to assemble within a 2,562 sq. ft. space formerly used as a library, and within a 1,971 sq. ft. space that has been used as a lecture and exhibition hall. The two spaces are currently designated as A-3 Occupancy areas within the structure. Per the attached code analysis by Monier Engineering, the existing permitted occupant load with non-fixed chairs for the library is 372 persons, and the permitted occupant load for the lecture/exhibition hall with non-fixed chairs is 282 persons. The Collective Church is proposing to hold a weekly 11:00am Sunday service for 200 church members and will use non-fixed chairs within the two assembly areas. The applicant is proposing to post and maintain maximum occupant load signage near the library and lecture/exhibition hall exits locations to ensure that required occupant limits are maintained. Since The Collective Church will worship on Sundays, when the Vigilant law office is closed, the existing parking lot is adequately sized for the proposed use. Per Table 18.765.2, religious institutions require 1 vehicle parking stall per 3 seats in the main assembly area, and up to 50% of the required vehicle stalls may be compact spaces. In addition, 1 bicycle parking stall must be provided per 20 seats in the main assembly area. Based on these standards, the 200 member church requires a minimum of 34 standard vehicle stalls, 33 compact stalls, and 10 bicycle parking stalls. When providing between 76 to 100 vehicle stalls, a minimum of 1 van accessible stall with a 96"aisle, and 3 additional accessible stalls with 60" aisles are required. The attached site plan indicates that the existing parking lot provides 35 standard, 33 compact, 4 van/carpool, 12 bicycle, 1 van accessible, and 3 additional accessible parking stalls. The subject property has been extensively landscaped and has continued to be well-maintained since an office addition was constructed 15 years ago. The attached site plan shows the location of landscaped areas, pedestrian walkways, and parking areas. The applicant has calculated that 0.49 acres(21,771 sq.ft.),or 32.88%, of the 1.52 acre(66,211 sq.ft.)site is currently landscaped. Since more than 20% of the site is landscaped, the applicant is requesting an exception under Section 18.360.080(D)to the specific landscaping requirements of Chapter 18.745. As indicated by the attached Site Plan, existing public and private facilities are available and are able to serve the proposed use. The subject site's frontage along SW Sandburg Street is March 14,2016 Minor Modification—Type I Application Page 4 currently improved with the required street pavement width, curb, sidewalk, and stormwater facilities. The existing parking lot is provided with catch basins to collect stormwater and direct it to an on-site infiltration facility. Per the Site Plan, vision clearance areas are provided for the two access drives and lighting is provided within the parking lot area. The attached Lower Level Floor Plan demonstrates that existing ADA restrooms are available for the proposed use. Adjacent properties surrounding the subject site are developed with office uses that typically operate during standard work week hours. To the north of the site is a C-P zoned property that has been developed with an office building containing Nationwide Insurance and Bon Appetit Management. West of the site is a C-P zoned property that is developed with office space for Coiltron. To the south, across SW Sandburg Street, is a C-P zoned property that is developed with offices for Western Family Foods. East of the site is an I-P zoned property that is developed with office space for DocuSource Print Management. Due to the presence of an existing on-site parking lot, there are no I-P buffer requirements along the subject site's western boundary. Since the subject property and all other adjacent parcels are located in the C-P District, there are also no buffer requirements along the site's remaining boundary lines. A copy of the signed application form, property deed, Building Code Analysis, Site Plan, Building Elevations, and Floor Plans have been included with this submittal packet. The applicant's exhibits and narrative demonstrate that the proposed land use request meets the criteria outlined by the Tigard Community Development Code. IV. FINDINGS A. TIGARD COMPREHENSIVE PLAN COMMENT: Except where required by the Tigard Community Development Code, this application is not required to address the City's goals and policies related to the development of land, since the Tigard Comprehensive Plan is implemented by the Code. B. TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 18.360: SITE DEVELOPMENT REVIEW Section 18.360.060: Minor Modification(s)to Approved Plans or Existing Development A. Minor modification defined.Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. COMMENT: March 14,2016 Minor Modification—Type I Application Page 5 The applicant,The Collective Church, is proposing to lease the lower level of the Sandburg Building for its weekly Sunday service. Assembly for the church is proposed within a 2,562 sq. ft. space formerly used as a library, and within a 1,971 sq. ft. space that has been used as a lecture and exhibition hall. The two rooms are currently designated as A-3 Occupancy areas within the structure. Prior to the submittal of this application,the applicant conferred with City of Tigard staff regarding the proposed use and submitted the attached Building Code Analysis for review. The City has determined that although The Collective Church meets the existing occupant load for the building space, a Minor Modification—Type I review will be required to establish the proposed Religious Institution use. B. Process.An applicant may request approval of a minor modification in accordance with 18.360.030.6 and as follows: 1. Providing the director with three copies of the proposed modified site development plan;and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in 18.360.050.B. COMMENT: The owner of the property, Vigilant, is a law firm that will continue to occupy the second story of the building. The attached Lower and Main Floor Building Plans indicate that the property owner will install three new interior doors to provide security for the law firm offices. As required, the applicant has submitted three copies of the site plan and a narrative which addresses applicable sections of the Community Development Code. The applicant is not proposing to make modifications to the site or renovate the building exterior with the submitted application. C. Approval criteria.A minor modification shall be approved, approved with conditions or denied following the director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. COMMENT: The applicant's narrative and exhibits demonstrate that the proposed use complies with all applicable requirements. As mentioned above, the City has previously determined that the proposal is not classified as a Major Modification. Section 18.360.070: Submission Requirements A. General submission requirements.The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Section 18.390.040. B. Additional information. In addition to the submission requirements required in Chapter 18.390, Decision-Making March 14,2016 Minor Modification—Type I Application Page 6 Procedures,an application for the conceptual development plan must include the following additional information in graphic, tabular and/or narrative form.The director shall provide a list of the specific information to be included in each of the following: 1. An existing site conditions analysis; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. An urban forestry plan consistent with Chapter 18.790; 6. Architectural elevations of all structures; and 7. A copy of all existing and proposed restrictions or covenants. COMMENT: This application includes a narrative which analyzes existing site conditions, a site plan which identifies landscaped areas, architectural elevations, and a property deed. Since the applicant is not proposing to make site modifications, a grading plan is not required for the application. Per Section 18.790.020, Urban Forestry Plan standards do not apply to this Minor Modification—Type I application. Section 18.360.080: Exceptions to Standards D. Exceptions to landscaping requirements.The director may grant an exception to the landscaping requirements of this code, 18.360.070.6.4, upon finding that the overall landscape plan provides for at least 20%of the gross site to be landscaped. COMMENT: The Sandburg Building property was extensively landscaped and has been well-maintained since an office addition was constructed approximately 15 years ago. Although an existing landscaping plan is not available, the attached Site Plan includes the location of all landscaped areas on the property. To fully survey the site and prepare a detailed landscaping plan would create an economic hardship for the applicant. Using the Site Plan,the applicant has calculated that 0.49 acres (21,771 sq.ft.), or 32.88%, of the 1.52 acre (66,211 sq. ft.) site is currently landscaped. Since at least 20%of the site is landscaped,the applicant is requesting an exception to the specific landscaping requirements of Chapter 18.745. Section 18.360.090: Approval Criteria The director shall make a finding with respect to each of the following criteria when approving, approving with conditions,or denying an application: March 14,2016 Minor Modification—Type I Application Page 7 A. Compliance with all of the applicable requirements of this title, including Chapter 18.810,Street and Utility Standards; COMMENT: The applicant's narrative demonstrates how the proposal meets all applicable requirements of the Community Development Code. B. Relationship to the natural and physical environment— Nonresidential development. 1. Buildings shall be: a. Located to preserve existing trees,topography and natural drainage where possible based upon existing site conditions; b. Located in areas not subject to ground slumping or sliding; c. Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and d. Oriented with consideration for sun and wind. COMMENT: The original office building was developed on the subject property in 1970. In 2000, a large building addition was constructed, and improvements were made to the parking lot and site landscaping. The attached Lower Level and Upper Level Floor Plans indicate that only interior improvements are proposed for the installation of three new doors, providing security for the law office. The Collective Church is not proposing to make any exterior alterations to the existing structure with this application. Therefore, the building's relationship to the natural and physical environment will remain unchanged. 2. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3 and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include, but are not limited to the following: a. Water quality facilities (for infiltration, retention, detention and/or treatment); b. Pervious pavement; c. Soil amendment; March 14,2016 Minor Modification—Type I Application Page 8 d. Roof runoff controls; e. Fencing to guide animals toward safe passageways; f. Re-directed outdoor lighting to reduce spill-off into habitat areas; g. Preservation of existing vegetative and canopy cover. COMMENT: The subject site is not located in the vicinity of significant fish and wildlife habitat. Therefore, these standards do not apply to the proposed use. C. Exterior elevations. 1. Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: COMMENT: The Sandburg Building is a non-residential structure. The applicant is requesting approval of a Religious Institution on the lower floor of the building. Since the building does not support single-family or multiple-family uses,this standard does not apply. D. Buffering,screening and compatibility between adjoining uses— Nonresidential development. 1. Nonresidential development shall provide buffering between different types of land uses—for example, between commercial and industrial uses and residential and commercial uses—and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: a. The purpose of the buffer,for example to decrease noise levels, absorb air pollution,filter dust, or to provide a visual barrier; b. The size of the buffer required to achieve the purpose in terms of width and height; c. The direction(s) from which buffering is needed; d. The required density of the buffering;and e. Whether the viewer is stationary or mobile. March 14,2016 Minor Modification—Type I Application Page 9 COMMENT: Adjacent properties surrounding the subject site are developed with office uses that typically operate during standard work week hours. To the north of the site is a C-P zoned property with an office building that contains Nationwide Insurance and Bon Appetit Management. West of the site is a C-P zoned property that is developed with office space for Coiltron. To the south, across SW Sandburg Street, is a C-P zoned property that is developed with offices for Western Family Foods. East of the site is an I-P zoned property that is developed with office space for DocuSource Print Management. The proposed Religious Institution will congregate on the lower floor of the structure during their Sunday service. As discussed under Chapter 18.765, vehicle and bicycle parking requirements for the proposed use can be accommodated on site. To evaluate buffering and screening between adjoining uses,the applicant referred to the Table 18.745.1 Buffer Matrix. Due to the location of an existing on-site parking lot,there are no I-P buffer requirements along the subject property's western boundary. Since the subject site and all other adjacent parcels are located in the C-P District,there are also no buffer requirements along the site's remaining boundary lines. 2. On-site screening from view from adjoining properties of such things as service areas,storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems,shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: a. What needs to be screened; b. The direction from which it is needed; c. How dense the screen needs to be; d. Whether the viewer is stationary or mobile; and e. Whether the screening needs to be year around. COMMENT: The subject property was extensively landscaped approximately 15 years ago and mature landscaping screens the entire perimeter of the site. Although an as-built landscaping plan is not available,the attached site plan includes the location of all landscaped areas on the property. Since at least 20%of the site is landscaped, the applicant is requesting an exception to the specific landscaping requirements of Chapter 18.745. The applicant is not proposing to modify the exterior of the structure. However, building elevations have been included with the submittal packet to demonstrate that the existing roof-mounted mechanical equipment has been screened from view. E. Private outdoor area—Multifamily use. March 14,2016 Minor Modification—Type I Application Page 10 F. Shared outdoor recreation areas—Multifamily use. COMMENT: The applicant is not proposing a multi-family use, therefore these standards do not apply. G. Where landfill and/or development for a nonresidential use is allowed within and adjacent to the 100-year floodplain,the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain.This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle plan. COMMENT: The subject site is not located within or adjacent to a 100-year floodplain, therefore these standards do not apply. H. Demarcation of public,semi-public and private spaces for crime prevention—Nonresidential development. 1. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space,to provide for crime prevention and to establish maintenance responsibility;and 2. These areas may be defined by, but not limited to: a. A deck, patio, low wall, hedge, or draping vine, b. A trellis or arbor, c. A change in elevation or grade, d. A change in the texture of the path material, e. Sign,or f. Landscaping. COMMENT: As demonstrated by the attached Building Elevations, the subject site slopes down from the north March 14,2016 Minor Modification—Type I Application Page 11 boundary line of the site to SW Sandburg Street. The attached Building Floor Plans indicate that an outdoor terrace is located on the south side of the structure. Due to site topography and extensive landscaping on the property, the private outdoor space is elevated above the public sidewalk on SW Sandburg Street. I. Crime prevention and safety—Nonresidential development. 1. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; 2. Interior service areas shall be located in a way that they can be observed by others; 3. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; 4. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime;and 5. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. COMMENT: As mentioned above,the applicant is not proposing to remodel the existing structure or modify site conditions with this application. The attached Building Elevations demonstrate that the existing structure has windows oriented towards SW Sandburg Street and the adjacent parking lots, helping to prevent crime. The attached Site Plan demonstrates that exterior lighting has been provided within the parking lot for vehicular and pedestrian safety. J. Public transit. 1. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; 2. The requirements for transit facilities shall be based on: a. The location of other transit facilities in the area, and b. The size and type of the proposal; 3. The following facilities may be required after city and Tri- Met review: March 14,2016 Minor Modification—Type I Application Page 12 a. Bus stop shelters, b. Turnouts for buses, and c. Connecting paths to the shelters. COMMENT: The nearest transit stop is located approximately 1/2 mile from the subject site at the SW Hunziker and SW 72"d Avenue intersection, therefore these standards do not apply. K. Landscaping. 1. All landscaping shall be designed in accordance with the requirements set forth in Chapters 18.745 and 18.790; 2. In addition to the open space and recreation area requirements of subsections E and F of this section,a minimum of 20%of the gross area including parking, loading and service areas shall be landscaped; and 3. A minimum of 15%of the gross site area shall be landscaped. COMMENT: Although an existing landscaping plan is not available,the attached Site Plan includes the location of all landscaped areas on the property. Using the Site Plan,the applicant has calculated that 0.49 acres (21,771 sq. ft.), or 32.88%, of the 1.52 acre (66,211 sq. ft.) site is currently landscaped. As required, the applicant's narrative addresses Chapter 18.745. Per Section 18.790.020, Urban Forestry Plan standards do not apply to this Minor Modification—Type I application. L. Drainage. All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan. COMMENT: The attached Site Plan indicates that the existing parking lot is provided with catch basins to collect and direct stormwater to an underground infiltration facility, located on the south side of the structure. The applicant is not proposing to modify existing drainage facilities with this application. M. Provision for the disabled.All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447. COMMENT: Since the existing parking lot provides between 76 and 100 vehicle stalls, a minimum of 1 van accessible stall with a 96" aisle, and 3 additional accessible stalls with 60" aisles are required. The attached Site March 14,2016 Minor Modification—Type I Application Page 13 Plan indicates that the existing parking lot provides 1 van accessible and 3 additional accessible parking stalls. The Site Plan also shows the location of accessible routes from the parking lot to the building entrances. The attached Lower Floor and Upper Floor Plans identify the location of accessible restrooms and an elevator which meets the needs of the disabled. N. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title; e.g., Planned Developments, Chapter 18.350,or a variance or adjustment granted under Chapter 18.370. COMMENT: Under Section 18.360.080,the applicant is requesting an exception to the landscaping standards of Chapter 18.735. As required, the applicant has addressed applicable C-P District standards under Chapter 18.520. CHAPTER 18.390: DECISION-MAKING PROCEDURES Section 18.390.030: Type I Procedure A. Preapplication conference.A preapplication conference is not required for a Type I action. COMMENT: As permitted, the applicant did not attend a Pre-Application Conference with the City of Tigard. However, prior to the submittal of this application, City staff reviewed the proposal and determined that a Minor Modification—Type I review will be required to establish the Religious Institution use. B. Application requirements. 1. Application forms.Type I applications shall be made on forms provided by the director as provided by 18.390.080.E.1. 2. Application requirements.Type I applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action;and c. Be accompanied by the required fee. COMMENT: The applicant has submitted a signed Minor Modification—Type I application form and the required land use review fee. Also included with this submittal packet is a property deed, Building Code Analysis, Site March 14,2016 Minor Modification—Type I Application Page 14 Plan, Building Elevations, and Floor Plans. The applicant's exhibits and narrative demonstrate that the proposed land use request meets the criteria outlined by the Tigard Community Development Code. CHAPTER 18.520: COMMERCIAL ZONING DISTRICTS Section 18.520.030: Uses B. Use table. A list of permitted, restricted,conditional and prohibited uses in commercial zones is presented in Table 18.520.1. COMMENT: The applicant is requesting approval of a Minor Modification—Type I Application to permit a Religious Institution use within an existing structure in the C-P Zoning District. Table 18.520.1 indicates that a Religious Institution is a permitted use in the C-P District. Section 18.520.040: Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; 2. All other applicable standards and requirements contained in this title. COMMENT: The applicant's statement addresses all applicable development standards for the proposed Religious Institution use. Under Section 18.360.080, the applicant is requesting an exception to the landscaping standards of Chapter 18.735. The applicant is not requesting a variance or an adjustment to applicable development standards. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: COMMENT: As mentioned previously,the applicant is not proposing to alter the exterior of the existing structure or expand the existing building footprint with this application. The attached Site Plan demonstrates that March 14,2016 Minor Modification—Type I Application Page 15 the 1.52 acre site meets the minimum 6,000 sq. ft. lot size, 50 ft. lot width, 0 ft. front yard, 20 ft. side yard, and 20 ft. rear yard standards. The attached Building Elevations demonstrate that the existing height of the structure is approximately 30 feet, meeting the 45 ft. maximum height standard. The applicant's calculations indicate that 32.88%of the site is currently landscaped, meeting the minimum landscape requirement of 15%. Section 18.520.060: Additional Development and Design Guidelines COMMENT: The subject site is not located within the C-C District, MU-CBD District, or Washington Square Regional Center,therefore these standards do not apply. CHAPTER 18.745: LANDSCAPING AND SCREENING Section 18.745.020: Applicability A. Applicability.The provisions of this chapter shall apply to all development that requires a Type I conditional use minor modification,a Type I site development review minor modification,any Type II land use review or any Type Ill land use review unless otherwise specified in any of the sections below. COMMENT: The applicant is requesting approval of a Minor Modification—Type I Application,therefore the provisions of Chapter 18.745 apply. B. When urban forestry plan requirements concurrently apply. When the provisions of Chapter 18.790, Urban Forestry Plan, concurrently apply,any trees required by this chapter shall be included in the urban forestry plan and subject to all of the requirements in Chapter 18.790. COMMENT: Per Section 18.790.020, Urban Forestry Plan standards do not apply to this Minor Modification—Type I Application. C. Site plan requirements.The applicant shall submit a site plan. The director shall provide the applicant with detailed information about this submission requirement. (Ord. 12-09 §1) COMMENT: An existing landscaping plan is not available for the site, however the attached Site Plan identifies the location of all landscaped areas on the property. To fully survey the property and prepare a detailed March 14,2016 Minor Modification—Type I Application Page 16 landscaping plan for the 1.52 acre site would create an economic hardship for the applicant. Since this request is a Minor Modification—Type I Application and given that 32.88%of the site is currently landscaped, the applicant is requesting an exception to the specific landscaping requirements under Section 18.360.080(D). Section 18.745.030: General Provisions A. Maintenance responsibility. Unless otherwise provided by the lease agreement,the owner,tenant and his or her agent, if any, shall be jointly and severally responsible for the ongoing maintenance of all landscaping and screening used to meet the requirements of this chapter according to applicable industry standards. COMMENT: With approval of this application,The Collective Church will lease the lower level of the Sandburg Building. Maintenance of the existing landscaping will remain the responsibility of the property owner, which is a law firm that will continue to occupy the main floor of the building. B. Installation requirements.The installation of all landscaping and screening required by this chapter shall be as follows: 1. All landscaping and screening shall be installed according to applicable industry standards; 2. All plants shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock(ANSI Z60, 1-2004,and any future revisions); and 3. All landscaping and screening shall be installed in accordance with the provisions of this title. COMMENT: The subject property was extensively landscaped approximately 15 years ago and mature landscaping currently screens the entire perimeter of the site. The applicant is not proposing to remove or install new landscaping with the proposed use. C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of this chapter have been met or other arrangements have been made and approved by the city such as the posting of a bond. COMMENT: As required, the proposed Religious Institution will not occupy the building until all City conditions have been met. March 14,2016 Minor Modification—Type I Application Page 17 D. Protection of existing plants. Existing plants on a site shall be protected as follows: 1. The developer shall provide methods for the protection of existing plants to remain during the construction process; 2. The plants to remain shall be noted on the landscape plans (i.e., plants to remain can be shown as protected with fencing);and 3. The tree protection provisions outlined in Chapter 18.790 and the Urban Forestry Manual shall apply to the land use review types identified in Section 18.790.020.A. COMMENT: The Collective Church is not proposing to make site improvements with this application,therefore these standards do not apply. E. Ongoing tree-related rules and regulations.Any trees used to meet the requirements of this chapter shall be subject to all applicable tree-related rules and regulations in other chapters and titles of the Tigard Municipal Code and Tigard Development Code COMMENT: The applicant is not proposing to install trees on the site,therefore these standards do not apply. Section 18.745.040: Street Tree Standards A. Street trees shall be required as part of the approval process for conditional use (Type III),downtown design review(Type II and III), minor land partition (Type II), planned development (Type Ill),site development review(Type II) and subdivision (Type II and III) permits. COMMENT: The applicant is requesting approval of a Minor Modification —Type I Application,therefore street tree standards do not apply. Section 18.745.050: Buffering and Screening B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and March 14,2016 Minor Modification—Type I Application Page 18 containing a length equal to the length of the property line of the abutting use or uses. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the city. 3. A fence, hedge or wall, or any combination of such elements,which are located in any yard is subject to the conditions and requirements of paragraph 8.8 and subsection D of this section. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted.Trees shall be chosen from any of the tree lists in the Urban Forestry Manual (except the nuisance tree list) unless otherwise approved by the director and have a minimum caliper of 1-1/2 inches for deciduous trees and a minimum height of six feet for evergreen trees at the time of planting. Spacing for trees shall be as follows: i. Small stature or columnar trees shall be spaced no less than 15 feet on center and no greater than 20 feet on center. ii. Medium stature trees shall be spaced no less than 20 feet on center and no greater than 30 feet on center. iii. Large stature trees shall be spaced no less than 30 feet on center and no greater than 40 feet on center. b. In addition, at least 10 five-gallon shrubs or 20 one- gallon shrubs shall be planted for each 1,000 square feet of required buffer area. c. The remaining area shall be planted in lawn or other living ground cover. COMMENT: March 14,2016 Minor Modification—Type I Application Page 19 The applicant has analyzed adjacent uses and found that that buffering and screening are not required for the subject property. To the north of the site is C-P zoned property with an office building that contains Nationwide Insurance and Bon Appetit Management. West of the site is a C-P zoned property that is developed with office space for Coiltron. To the south, across SW Sandburg Street, is a C-P zoned property that is developed with offices for Western Family Foods. East of the site is an I-P zoned property that is developed with office space for DocuSource Print Management. Due to the presence of an existing on-site parking lot, there are no I-P buffer requirements along the subject site's western boundary. Since the subject property and all other adjacent parcels are located in the C-P District, there are also no buffer requirements along the site's remaining boundary lines. Section 18.745.060: Re-Vegetation A. When re-vegetation is required.Where natural vegetation has been removed through grading in areas not affected by the landscaping and screening requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. COMMENT: The applicant is not proposing to remove existing vegetation on the site,therefore these standards do not apply. CHAPTER 18.765: OFF-STREET PARKING AND LOADING REQUIREMENTS Section 18.765.020: Applicability of Provisions C. Change of use. When an existing structure is changed from one use to another use as listed in Section 18.765.070,the following provisions shall apply: 1. If the parking requirements for each use are the same, no additional vehicle parking shall be required; 2. Where a change results in an intensification of use in terms of the number of vehicle parking spaces required, additional vehicle parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use; 3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess vehicle parking spaces in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the less intensive use. COMMENT: March 14,2016 Minor Modification—Type I Application Page 20 Since the applicant is requesting a change of use to permit a Religious Institution on the lower floor of the Sandburg Building, Chapter 18.765 applies to the proposal. As mentioned previously, The Collective Church will worship on Sundays, when the Vigilant law office is closed. Based on the following analysis, the applicant finds that the existing parking lot meets the required parking needs. Per Table 18.765.2, Religious Institutions require 1 vehicle parking stall per 3 seats in the main assembly area, and up to 50% of the required vehicle stalls may be compact spaces. In addition, 1 bicycle stall must be provided per 20 seats in the main assembly area. Based on these standards, the 200 member church requires a minimum of 34 standard vehicle stalls, 33 compact stalls, and 10 bicycle parking stalls. When providing between 76 to 100 vehicle stalls, a minimum of 1 van accessible stall with a 96" aisle, and 3 additional accessible stalls with 60" aisles are required. The attached site plan indicates that the existing parking lot provides 35 standard, 33 compact, 4 van/carpool, 12 bicycle, 1 van accessible, and 3 additional accessible parking stalls. D. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply,the director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. COMMENT: For this Type I review,the applicant has submitted a Site Plan to demonstrate compliance with the parking requirements of Chapter 18.765. E. Building permit conditions.The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading space required by this title. 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use; and c. Not be rented, leased or assigned to any other March 14,2016 Minor Modification—Type I Application Page 21 person or organization. COMMENT: As discussed above, required on-site parking for the proposed use is currently available. The applicant understands that required parking must remain available when The Collective Church holds its weekly Sunday service. Section 18.765.030: General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access,egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan.The director shall provide the applicant with detailed information about this submission requirement. COMMENT: As required, the applicant has submitted a scaled Site Plan which meets the requirements of this section. B. Location of vehicle parking.The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s). 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct,publicly accessible pedestrian route from the property line with the following exceptions: a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: i. Disabled-accessible spaces, ii. Short-term spaces, iii. Long-term preferential carpool and vanpool spaces, March 14,2016 Minor Modification—Type I Application Page 22 iv. Long-term spaces. COMMENT: The proposed 200 member church requires a minimum of 34 standard vehicle stalls, 33 compact stalls, 3 accessible stalls, and 10 bicycle parking stalls. The attached Site Plan demonstrates that the on-site parking lot meets all of the required parking needs. Therefore, additional off-street parking is not required for the proposed use. C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay,subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change,the requirements of this title thereafter apply to each separately. COMMENT: The owner of the property,Vigilant, is a law firm that occupies the main floor of the Sandburg Building. The applicant has agreed to enter into a long-term lease with the property owner to occupy the lower floor of the structure. Since The Collective Church will worship on Sunday mornings,when the Vigilant law office is closed,the parking lot is adequately sized for both the existing and proposed use. D. Parking in mixed-use and multiple-tenant projects. In commercial mixed-use and multiple-tenant projects,the required minimum vehicle parking shall be determined using the following formula: 1. Primary use, i.e.,that with the largest proportion of total floor area within the development, at 100%of the minimum vehicle parking required for that use(s) in Section 18.765.060; 2. Secondary use,i.e.,that with the second largest percentage of total floor area within the development,at 85%of the vehicle parking required for that use(s) in Section 18.765.060; 3. Tertiary use at 70%of the vehicle parking required for that use(s) in Section 18.765.060; March 14,2016 Minor Modification—Type I Application Page 23 4. All other uses at 60%of the vehicle parking required for that use(s) in Section 18.765.060. COMMENT: The Collective Church is the only active Sunday use of the property,therefore it is considered the primary use when determining parking requirements for the use. E. Visitor parking in multifamily residential developments. Multi- dwelling units with more than 10 required parking spaces shall provide an additional 15%of vehicle parking spaces above the minimum required for the use of guests of residents of the complex.These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. COMMENT: This applicant is not proposing a multi-family residential development,therefore these standards do not apply. F. Preferential long-term carpool/vanpool parking. Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees,students and other regular visitors to the site.At least five percent of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in 18.765.040.N and shall be clearly designated for use only by carpools and vanpools between 7 a.m. and 5:30 p.m. Monday through Friday. COMMENT: The attached Site Plan indicates that 4 carpool/vanpool parking spaces are provided in the existing parking lot. Since these spaces are only reserved for carpool/vanpool use between 7 a.m. and 5:30 p.m. Monday through Friday,the spaces will be available for church members during Sunday services. G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the state building code and federal standards. Such parking spaces shall be sized,signed and marked as required by these regulations. COMMENT: March 14,2016 Minor Modification—Type I Application Page 24 Since the existing parking lot provides between 76 and 100 vehicle stalls, a minimum of 1 van accessible stall with a 96" aisle, and 3 additional accessible stalls with 60" aisles are required. The attached Site Plan indicates that the existing parking lot provides marked spaces, including 1 van accessible and 3 additional accessible parking stalls. The Site Plan also shows the location of accessible routes from the parking lot to the building entrances. H. DEQ indirect source construction permit.All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality(DEQ)to: 1. Acquire an indirect source construction permit; 2. Investigate the feasibility of installing oil and grease separators. COMMENT: The existing parking lot contains less than 250 parking spaces, therefore these standards do not apply. Section 18.765.040: General Design Standards A. Maintenance of parking areas.All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. COMMENT: The existing parking lot has been kept in good repair and meets required maintenance standards. B. Access drives. With regard to access to public streets from off- street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705, Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences,walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795,Visual Clearance; March 14,2016 Minor Modification—Type I Application Page 25 5. Access drives shall be improved with an asphalt,concrete, or pervious paving surface.Any pervious paving surface must be designed and maintained to remain well-drained; and 6. Excluding single-family and duplex residences, except as provided by 18.810.030.P,groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. COMMENT: The attached Site Plan indicates that two access drives connect the existing parking lot to SW Sandburg Street. Per the attached Site Plan, the access drives are paved with asphalt, defined with curbs, and are provided required vision clearance. Since the access drives and parking lot loops around the building, no backing movements onto SW Sandburg Street are required. C. Loading/unloading driveways.A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. COMMENT: As mentioned previously,The Collective Church will provide Sunday service for up to 200 church members. The attached Site Plan demonstrates that the looped driveway through the property allows for continuous flow of vehicles and the loading and unloading of passengers. D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. COMMENT: The subject site does not contain existing or proposed uses which provide drive-in services. Therefore, this standard does not apply. E. Curb cuts. Curb cuts shall be in accordance with 18.810.030.N. COMMENT: The attached Site Plan indicates that two existing curb cuts are located along the property's frontage on SW Sandburg Street. The Collective Church is not modifying the existing curb cuts and is not proposing March 14,2016 Minor Modification—Type t Application Page 26 new curb cuts with this application. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation,the property owner shall install a wall, railing,or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. COMMENT: The applicant's Site Plan shows the location of all existing pedestrian walkways which are adjacent to the parking lot. There are no drop-off edges within the parking lot area. G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. COMMENT: The attached Site Plan shows the location of landscaped areas within the parking lot. As mentioned previously, since at least 20%of the site is landscaped, the applicant has requested an exception to the specific landscaping requirements of Chapter 18.745. H. Parking space surfacing. 1. Except for single-family and duplex residences,and for temporary uses or fleet storage areas as authorized in paragraphs 3 and 4 of this subsection H,all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt,concrete,or pervious paving surfaces.Any pervious paving surface must be designed and maintained to remain well-drained. 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt,concrete,or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well-drained. COMMENT: As required, all of the existing parking lot has been paved with an asphalt surface. The attached Site Plan identifies the location of catch basins which collect stormwater drainage. I. Parking lot striping. 1. Except for single-family and duplex residences,any area intended to be used to meet the off-street parking March 14,2016 Minor Modification—Type I Application Page 27 requirements as contained in this chapter shall have all parking spaces clearly marked;and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. COMMENT: As required,the existing parking stalls and drive aisles have been properly marked to maintain vehicular and pedestrian safety. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall.The front three feet of the parking stall may be concrete,asphalt or low lying landscape material that does not exceed the height of the wheel stop.This area cannot be calculated to meet landscaping or sidewalk requirements. COMMENT: The attached Site Plan demonstrates that continuous 6"curbs are provided around the perimeter of the existing parking lot, meeting the standards of this section. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the city engineer to ensure that ponds do not occur except for single-family and duplex residences,off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. COMMENT: The attached Site Plan indicates that the existing parking lot is provided with catch basins to collect and direct stormwater to an underground infiltration facility, located on the south side of the structure. L. Lighting.A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. COMMENT: The attached Site Plan identifies the location of existing parking lot lighting. There are no residential districts in the vicinity of the subject site. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780,Signs. COMMENT: March 14,2016 Minor Modification—Type I Application Page 28 The applicant is not proposing to install any signs within the existing parking lot. N. Space and aisle dimensions. (Figure 18.765.1) 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2,the minimum dimensions for parking spaces are: a. 8.5'x 18.5'for a standard space; b. 7.5'x 16.5'for a compact space;and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. COMMENT: Taking into account available space in front of the wheel stops,the existing standard, compact, and accessible parking spaces meet the minimum stall dimensions as outlined above. The attached Site Plan also demonstrates that the existing two-way aisles provide the minimum 24 feet width. Section 18.765.050: Bicycle Parking Design Standards A. Location and access.With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street,directional signs shall be used to locate the parking area; 4. Bicycle parking may be located inside a building on a floor March 14,2016 Minor Modification—Type I Application Page 29 which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. COMMENT: The submitted Site Plan identifies two 6-space bicycle parking racks which are located within 50 feet of the building's primary entrances. As required, the bicycle parking areas are not located within parking aisles, landscape areas, or pedestrian ways. The attached Building Elevations demonstrate that windows in the structure are oriented to provide surveillance of the bicycle parking areas. B. Covered parking spaces. 1. When possible, bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case,the uncovered bicycle parking may be provided closer to the building entrance. COMMENT: The applicant's Site Plan indicates that the existing bicycle parking facilities are uncovered. C. Design requirements.The following design requirements apply to the installation of bicycle racks: 1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground, wall or other structure; 3. Bicycle parking spaces shall be at least two and one-half feet by six feet long,and,when covered,with a vertical clearance of seven feet. An access aisle at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must be accessible without moving another bicycle; March 14,2016 Minor Modification—Type I Application Page 30 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased.At-cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. COMMENT: The existing bicycle racks are secured to the ground and meet required dimensional standards. The bicycle parking spaces are not rented or leased to Sandburg Building tenants. D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers,asphalt, concrete, other pervious paving surfaces, or similar material.This surface must be designed and maintained to remain well-drained. COMMENT: The existing bicycle racks are secured to a concrete surface which is maintained and well-drained. E. Minimum bicycle parking requirements.The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements.The director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in 18.370.020.C.5.e. COMMENT: Per Table 18.765.2, religious institutions require 1 bicycle stall per 20 seats in the main assembly area. Based on these standards, the 200 member church requires a minimum of 10 bicycle parking stalls. The attached site plan indicates that the two existing bicycle racks provide a total of 12 spaces. Section 18.765.060: Parking Structure Design Standards COMMENT: The applicant is not proposing to develop a parking structure, therefore these standards do not apply. Section 18.765.070: Minimum and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. March 14,2016 Minor Modification—Type I Application Page 31 1. The director may rule that a use, not specifically listed in subsection H of this section,is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the director's decision be rendered in writing, it shall constitute a director's interpretation,as governed by Chapter 18.340. 2. The director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made,the use which requires the greater number of parking spaces shall govern. COMMENT: The proposed Religious Institution is a listed use on Table 18.765.2,therefore these standards do not apply. C. Measurements.The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in subsection H of this section: 1. Fractions. Fractional space requirements shall be counted as a whole space. 2. Employees.Where employees are specified for the purpose of determining the minimum vehicle parking spaces required,the employees counted are those who work on the premises during the largest shift at the peak season. 3. Students.When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term. 4. Space. Unless otherwise specified,where square feet are specified,the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. COMMENT: As required,the applicant used the measurement standard listed above to determine vehicle and bicycle parking requirements for the proposed use. March 14,2016 Minor Modification—Type I Application Page 32 D. Exclusions to minimum vehicle parking requirements.The following shall not be counted towards the computation of the minimum parking spaces as required in subsection H of this section: 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; religious institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way. b. The street where on-street parking is proposed is not located on local residential streets. COMMENT: As mentioned above, required vehicle and bicycle parking for the proposed Religious Institution can be accommodated on-site. If the proposed use is ever expanded in the future,Section 18.765.070(D) permits the church to utilize on-street parking on SW Sandburg Street to fulfill the additional parking need. E. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.H,the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building or freestanding; b. Market-rate paid parking; c. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible parking spaces; e. Fleet parking. 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area,the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet,the March 14,2016 Minor Modification—Type I Application Page 33 development will be allowed up to 10 vehicle parking spaces. COMMENT: As required,the methodology and parking types identified above were considered when determining required parking for the Religious Institution. F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: G. Increases in maximum required vehicle parking.The director may increase the total maximum number of vehicle spaces allowed in subsection H of this section by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in 18.370.020.C.5.d. COMMENT: The applicant is not proposing to reduce the minimum or increase the maximum required parking for the proposed use. Therefore,these standards do not apply to the application. H. Specific requirements. See Table 18.765.2. COMMENT: Using Table 18.765.2, the applicant has determined that the proposed Religious Institution requires a minimum of 34 standard vehicle stalls, 33 compact stalls, 10 bicycle parking stalls, 1 van accessible stall, and 3 additional accessible stalls. Meeting this standard, the attached site plan indicates that the existing parking lot provides 35 standard, 33 compact, 4 van/carpool, 12 bicycle, 1 van accessible, and 3 additional accessible parking stalls. Section 18.765.080: Off-Street Loading Requirements A. Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: COMMENT: Neither the Vigilant law firm nor The Collective Church will receive and distribute materials or merchandise by truck. However,the attached Site Plan indicates that an off-street loading area has March 14,2016 Minor Modification—Type I Application Page 34 been provided within the existing parking lot. CHAPTER 18.790: URBAN FORESTRY PLAN Section 18.790.020: Applicability The requirements of this chapter apply to the following situations: A. The following land use reviews: 1. Conditional use (Type III); 2. Downtown design review(Type II and III); 3. Minor land partition (Type II); 4. Planned development(Type III); 5. Sensitive lands review(Type II and III); 6. Site development review(Type II);and 7. Subdivision (Type II and III). B. All Type I modifications to the urban forestry plan component of an approved land use permit as required by Section 18.790.070. C. For land use projects limited to an existing right-of-way or easement,the development site shall be considered the existing right-of-way or easement and the urban forestry plan requirements shall be limited to the existing right-of-way or easement. COMMENT: The subject site does not have an approved Urban Forestry Plan as part of a previously approved land use permit. Since the applicant is requesting approval of a Minor Modification—Type I Application, the requirements of Chapter 18.790 do not apply. V. SUMMARY AND CONCLUSIONS Based upon the findings of this report and the submitted exhibits,the applicant has demonstrated compliance with the requirements of the Tigard Community Development Code.Therefore,the applicant requests that the submitted application be approved. March 14,2016 Minor Modification—Type I Application Page 35 MORTIER R T 1 STRUCTURAL BUILDING DESIGN • FIRE PROTECTION P.C.NGINEERING, r o ' i CODE CONSULTANT• PLAN CHECKING I' 3 1 1 CONSTRUCTION INSPECTION 144 EAST 14T"AVENUE r EUGENE,OREGON 97401 PHONE: (541)484-9080 • FAX(541)484-6859 1 ic 1-877-661-9959 March 9, 2016 The Collective Church, c/o Eric Rouse 13762 SE Nightingale Ave. Happy Valley, OR 97015 RE: 6825 SW Sandburg St.,Tigard, OR—Structural Assessment WO: 20515 The attached plan was requested to facilitate the change of use of the lower level of the building located at the address listed above.The Collective Church intends to use the lower level as a church facility and separate it from office space in other portions of the building. This document addresses occupancy issues that surround this proposed changes of use. This is not a new building, but an existing building with existing A-3 Occupancy that predate the Oregon Codes and which exceed the current occupant load and the square footage requirements of today's code which is not applicable for an existing approved use." The areas involved in the change in use are currently permitted as B occupancy with two A-3 rooms and office space in the area of proposed changes. The A-3 spaces are currently being used as an Exhibition Hall and a Library respectively. Each containing non-fixed seating. The attached drawing shows the existing permitted occupant loads based on these uses and occupancies. There will not be a change as far as existing approved occupancy nor existing occupancy loads. The change in use involves changing existing A-3 areas to be used as a Place of Worship from the previously approved Library and Lecture Hall. Both areas will have non-fixed seating and proposed occupant loads less than currently permitted. The attached drawing shows an intended non-fixed seating plan of 200 seats in the Place of Worship and non-fixed seating plan in the Lecture Hall. In addition, to the proposed change of use the proposed installation of doors to provide separation from other portions of the building is shown on the attached plan. This change does not increase the hazard associated with the use of the building. The proposed change of use and installation of doors do not result in a more hazardous design nor remove any previously required exits. OSSC section 3408.1 titled Conformance, "No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancies or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancies." In this case both the Occupancy type and division are not changing. Therefore, it is my opinion that the alterations are permitted per OSSC section 3404.1 and 102.6 without needing to make additional code upgrades. Thank you for this opportunity to be of service. Please contact me if you have any questions. Sincerely, P <t•Is R OFfss I-�v�\Z *GI N fF 69361 PE e' DIGITAL SIGNATURE OREGON icy 4'PWI 13, .mei.\ �f( JON DOW' EXPIRES:12/31/2017 J Michael Jon Dnnkwater�1yrowined w w� D, v e Date 2016 030914.1930-08100' THIS DIGITAL SIGNATURE COMPLIES WITH OAR 820-010-0620(5)AND WILL AUTOMATICALLY VOID IF DOCUMENT IS MANIPULATED ELECTRONICALLY. Michael Jon Drinkwater, P.E.