Loading...
MMD2015-00004 MMD2O15 - 00004 Westgate Baptist Church NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00004 III WESTGATE BAPTIST CHURCH TIGARD 120 DAYS = 6/17/2015 SECTION I. APPLICATION SUMMARY FILE NAME: Westgate Baptist Church CASE NO.: Minor Modification (MMD) MMD2015-00004 PROPOSAL: The applicant proposes to modify their existing conditional use approval in order to: (1) reduce the posted occupancy load of the multipurpose auditorium from 600 to 475 to reduce the minimum parking required; (2) enclose the southeast corner of the parking lot for use as a playground; and (3) restore the buffer area in the southeast corner of the property to its minimum standards and add a walking path from the parking lot to an adjacent residential property. APPLICANT/ Ben Jaquith, President OWNER: Brian Dutton, Building Director Westgate Baptist Church 12930 SW Scholls Ferry Rd. Tigard, OR 97223 LOCATION: 12930 SW Scholls Ferry Rd. WCTM 1 S133AD,Tax Lot 2200 ZONING DESIGNATION: R-7: medium-density residential district. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.745, 18.765 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. N11\11)2015-00004 WESTGATE BAPTIST(;I IURCI I 1 of 7 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO CONSTRUCTION Submit to the Planning Department (Tim Lehrbach, 503-718-2440) for review and approval: 1. Prior to construction of the fence enclosing the proposed playground area, all plantings necessary to restore the buffer in the project area to the standards in TDC 18.745.050.B and Table 18.745.2 must be in place and accepted by the city. 2. Prior to construction of the fence enclosing the proposed playground area, the applicant shall submit for approval by the city, a sign to be posted on the playground specifying that the playground is for the exclusive use of the school and shall be locked between the hours of 5:00 p.m. and 7:00 a.m. on school days and at all times on non-school days. 3. Prior to construction of the fence enclosing the proposed playground area, the applicant shall post the reduced occupancy limit of 475 persons in the multi-purpose center. The revised posting must be accepted by the city. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and History: The property is located at 12930 SW Scholls Ferry Rd. and 10730 and 10820 SW 130th Ave. The property fronts SW Scholls Ferry Rd. to the north, beyond which is the City of Beaverton, and SW 130th Ave. to the west, beyond which are a school and high density attached dwellings. Properties to the east and south are developed with single-family dwellings. City records show that the 3.6-acre site was annexed into the City of Tigard in 1976 and has been in use as a church since 1955. R-7 zoning was applied in 1978 (ZC 11-78). Conditional use approvals have been granted since to operate a school onsite, to add classrooms, offices, and a multipurpose auditorium, and to expand and relocate parking,landscaping, and outdoor play areas (CU13-78, SDR-18-82, CUP94-0003, CUP2001-00004, and MMD2003-00010). An approved variance reduced the minimum parking requirement by 4.5% (VAR2002-00002). In 2008 the applicant requested a reduction in the posted occupancy load of the multipurpose auditorium from 660 to 600 in order to reduce the number of parking spaces required to meet the adjusted minimum. The request was approved with conditions (MMD2008- 00012). Enforcement cases initiated in 2013 and 2014 address violations of the Tigard Community Development Code and conditional use approval, including unauthorized recreation use of the parking area, failure to maintain a required buffer area,and failure to comply with time restrictions on use of the parking area and sports field/playground (DCC2013-00038,DCC2014-00019). The applicant requests minor modifications to their conditional use approval to abate these violations and satisfy the terms of their signed voluntary compliance agreement. Proposal Description: The applicant proposes to: (1) reduce the posted occupancy load of the multipurpose auditorium from 600 to 475 to reduce the minimum parking required; (2) enclose the southeast corner of the parking lot for use as a playground; and (3) restore the buffer area in the southeast corner of the property to its minimum standards and add a walking path from the parking lot to an adjacent residential property. MMID2015-00004 WESI'G.ATE BAPTIST CIIURCI I 2 of 7 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Chapter 18.330 Conditional Use 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030.A and subject to other requirements in this chapter. The applicant requested a new conditional use in 1978 and major modifications in 1994 and 2001, all of which were approved by Final Order of the Hearings Officer. The applicant is approved to operate a church, school, and related events on the subject property, subject to certain conditions. The church and school uses will continue as approved in their existing conditional use permit (CUP2001- 00004). Therefore,a new conditional use is not required. B. Major modification of approved or existing conditional use. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been proposed: a. A change in land use; There is no change in land use proposed. Therefore, this criterion does not apply. b.A 10% increase in dwelling unit density; No dwelling units exist or are proposed on the site. Therefore, this criterion does not apply. c. A change in the type and/or location of access ways and parking areas where off-site traffic would be affected; Proposed changes to the parking area are limited to the southeast corner of the site and will not affect off- site traffic. Therefore, this criterion does not apply. d. An increase in the floor area proposed for non-residential use by more than 10% where previously specified; Proposed changes will increase the outdoor area provided for recreation. No increase in floor area (i.e., area covered by a roof) is proposed. Therefore, this criterion does not apply. e.A reduction of more than 10% of the area reserved for common open space and/or usable open space; Proposed changes will not reduce common or usable open space. Therefore, this criterion does not apply. f. A reduction of specified setback requirements by more than 20%; Proposed changes will not reduce any required setbacks. Therefore,this criterion does not apply. g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and The proposal does not eliminate project amenities. Therefore, this criterion does not apply. NIN11)2015-00004 \C'I:S7'G.A I'12 BAPTIST (:I ICRCI i 3 of 7 h.A 10% increase in the approved density; No dwelling units exist or are proposed on the site.Therefore,this criterion does not apply. C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. The proposed modifications are not within the description of a major modification as provided in Subsection B above and are considered minor. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3 below. The applicant has requested a Type I minor modification procedure. 3.A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title; and FINDING: Because the project area is limited to one portion of the parking lot adjacent to a landscaped area on the perimeter of the property, the applicable requirements are those concerning conformity with relevant conditions of the existing conditional use approval, buffering and screening, and off-street parking. As described in the applicant's narrative and site plan, and as described in the findings for the applicable standards below, staff finds that all applicable requirements of this title are satisfied subject to conditions of approval with this decision. Therefore, the proposed modification may be approved. b. The modification is not a major modification as defined in Subsection B above. FINDING: The proposed modifications are not within the description of a major modification as provided in Subsection B above and are considered minor. Therefore, the proposed modification may be approved through this procedure. 18.330.030 Approval Standards and Conditions of Approval B. Conditions of approval. The hearings officer may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other use in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. The most recent conditional use review (CUP2001-00004) was approved with conditions deemed necessary by the hearings officer to minimize the impact of the proposed multi-purpose building, enclosed playground, addition to an existing classroom, and expansion of the parking area. Of these conditions, the following apply to this proposal: Condition 4 requires compliance with the 'D' buffering and screening requirements of Table 18.745.2 along the east and south property lines and notes the following: The Church may use existing fencing as long as it is constructed of sight-obscuring materials, in good repair, and the fences meet the minimum height requirements of the "D"buffering and screening requirements, and provided the applicant offers in writing to the owner(s) of the fence segments in question to contribute at least one-half the cost of maintaining and repairing or replacing that fencing used for buffer purposes. FINDING: Proposed plantings will restore the buffer in the project area to be compliant with its original category D, option 2 combination. Trees will be spaced no more M1\1I)2015-00004 WI?ST( \'17?BAPTIST CI WIWII 4 of 7 than 40' apart, at least 10 five-gallon shrubs or 20 one-gallon shrubs will be planted for each 1,000 square feet of buffer area, and any remaining area will be planted in lawn or other living ground cover (See TDC 18.745.050.B and Table 18.745.2.) The existing six-foot fence will continue to satisfy the screening requirement. The proposed modification to the buffer area will add a walking path connecting an existing pedestrian access point from a private residence to the parking area. A walking path is permitted in a buffer area by TDC 18.745.050.B.2 and does not meet the definition of an "accessway." The applicant has provided a detailed buffer area landscaping and screening plan as required by TDC 18.745.050.A.3 to ensure that it affords the same degree of buffering and screening. A condition of approval is warranted to ensure that the buffer is fully restored prior to any new playground development. With the condition this criterion is met. CONDITION: Prior to construction of the fence enclosing the proposed playground area, all plantings necessary to restore the buffer in the project area to the standards in TDC 18.745.050.B and Table 18.745.2 must be in place and accepted by the city. Condition 14, art (a) requires that: applicant shall enclose the playground within a minimum six-foot high fence (or building), the gate leading through the fence shall be locked except during daytime school hours (i.e., between 5 PM and 7 AM), the equipment in the playground area shall be situated at least twenty feet from the east property line if the top of that equipment is more than five feet above grade, and all equipment and playground development shall be situated at least ten feet from the east property line so there is room in which to establish a category D buffer between the playground and the east property line. FINDING: The applicant did not develop the playground as originally approved, but instead opted to locate the playground within the approved sports field area. The relocation was approved by staff in MMD2003-00010. The new enclosed playground will be located near the approved location of the playground as originally proposed and will meet all of the standards imposed by condition 14, part (a). A condition of approval is warranted to ensure that the limitations on the hours, days, and manner of operation are observed. With the condition this criterion is met. CONDITION: Prior to construction of the fence enclosing the proposed playground area, the applicant shall submit for approval by the city, a sign to be posted on the playground specifying that the playground is for the exclusive use of the school and shall be locked between the hours of 5:00 p.m. and 7:00 a.m. on school days and at all times on non-school days. 18.765.020 Off-Street Parking and Loading Requirements—Applicability of Provisions E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 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 FINDING: Westgate Baptist Church is a Religious Institution use subject to a minimum of 1.0 off-street parking space for every three seats in the main assembly area. The church uses temporary seating in its main assembly area as needed for events or services. When calculating the minimum parking requirement, a maximum number of seats approved for placement in the main assembly area must be determined. This number can be derived from the posted occupant load in the main assembly area. MMMM1)2015-00004 WESTG.ITI?BAPTIST CI IURCI I 5 of 7 Concurrent to the most recent conditional use review (CUP2001-00004) the hearings officer approved an adjustment (VAR2002-00002) of 4.5% to the minimum off-street parking requirement because the applicant provided a bus stop on Scholls Ferry Rd. and further approved a reduction of the adjusted minimum by 26 spaces, equal to the number of on-street spaces available on 130`h Ave. Accordingly, 184 spaces were required for 660 seats in the main assembly area. Staff employed the same approach to approve a minor modification (MMD2008-00012) reducing the posted occupancy limit in the main assembly area from 660 to 600, thereby reducing the minimum parking requirement to 165 spaces. Presently the posted occupancy load in the main assembly area is 600 persons. The applicant finds that this number far exceeds the capacity needed for any events or services held onsite. The applicant proposes to post a limit of 475 occupants in the main assembly area. Applying the same approved adjustment and reduction, the minimum off-street parking required for 475 seats is 126 spaces. Among other ongoing issues for which enforcement actions were initiated, the church had been closing vehicle access to the southeast portion of the parking lot, effectively removing 42 parking spaces. While this violated the church's approved conditional use permit and TDC 18.765.020.E.2, the reduction in available parking did not result in a shortage of parking for church or school services or events. This suggests that, consistent with the applicant's proposal, the church has a surplus of parking, and the lesser reduction requested here should have no adverse effect on off-street or on-street parking. As shown on the applicant's site plan, 28 of 167 existing off-street parking spaces will be removed to create an enclosed playground area. After these changes, 139 off-street spaces will continue to be available for parking exclusively, a surplus of 13 spaces over the minimum required. Therefore, the proposed development remains in compliance with CUP2001-00004, VAR2002- 00002, and TDC 18.765.020.E. With the following condition this criterion is met. CONDITION: Prior to construction of the fence enclosing the proposed playground area, the applicant shall post the reduced occupancy limit of 475 persons in the multi- purpose center.The revised posting must be accepted by the city. CONCLUSION: The proposal is a minor modification of an existing conditional use approval and is in compliance with all applicable conditions of approval and all applicable requirements of this title. 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. M1\11)2015-00004 WEsTGxn:B.AY1'1SI'CI IURCI I 6 of 7 THIS DECISION IS FINAL ON MARCH 5, 2015 AND BECOMES EFFECTIVE ON MARCH 6, 2015. Questions: If you have any questions, please contact Tim Lehrbach at 503-718-2440 or timl@tigard-or.gov. V/ March 5, 2015 A PROVED BY: Tim Lehrbach DATE Livability Compliance Specialist MIMII)2015-00004 WI s 1'(iATE B.IPTISf CI IURCII 7 of 7 .St e 0 O o I '' o o O�•S °°r��°� ° oho 130th Ave. 1 r VelecY ) Ts „,id = C�°A 0 007 s 000o.„l�t ee e=e=e a e e e=ee e. ._` `O . i, eeeoe!., °OD.� O e- e°e-e' eee6 ee ' e 8 �- (,) r pIP O"OIIIorO vt\060 o`ioa+., oOp00 tn0�® ,., YV ,-�T-_-1---r-ci .,, Fi7' IIi _� 1 +ei' i I 28 �i*e N °" • e fC�7 �— L\ \t\ [o._ -to t. ° °� (((sf' _ 150'x95' _i I O 6 B @_D e p D o e� f e B D e \� • a el 0° ' ..r.—._..m Yuri ICJ i_ ii' g. flay Fxld /L. - t0 0° e D �a e e 1 - `-a ` °°i _ e -- 1-- 8 .....'ova./WV,/baoldAn*rawerttle (,) I art - : S.W.Schane Ferry Rd. 0 WOMB _ ...... of 6...=:•••.••••...........,............... 0 h 6 err .a..° J e Yo1 �j� .n Zr "- ° °° ft a � �'M. o. .0 4° 320 APS‘ Cr`3', 8,® , I _ ° �, e 8 �O sem]] O O O QFC! 0 AI �.1_ ti -- _ e', �_1 I__.1 NewBuildiny e (\- S: neu e ee 8e6 e0e eee6 ee9 (�eeee8e /ep ee6669E99e9�e9 ® 99 e6 ®* 6®909 see/ �e0 1Zeeee See etas:C eee^•�z eeee eeeeee 0008889 90888 _/88e08e©19 legee eo:ee©eeeeeeeeeeee 00 e e e :"..- �- "` wc CITY OF TIGARD ._ ._911....y �m A Landscape Plan r.....r� ...s.u�a,.a .I r.. r WORKING COPY Approved by Planning .101,4.= MAI Oates ---- ---- — Initials: (14/E1 tg a LE BAPTIST CHURCH 12930 SW Scholls Ferry Road . Tigard,Oregon 97223 4• (503) 524-3500 February 17, 2015 CO O� et fel tr?‘ <g �\C1Vo AC>4 Tim Lehrbach p �C"�� City of Tigard ‘.\C> 13125 SW Hall Blvd. \S". Tigard, OR 97223 Dear Mr. Lehrbach: Westgate Baptist Church is requesting a reduction in the posted seating capacity of our main auditorium from 600 down to 475. The reason for the request is to reduce the number of required parking spaces in our parking lot. We are currently required to maintain 165 parking spaces; reducing our seating capacity to 475 seats lowers the required parking to 131 spaces. This reduction would allow part of the southeast parking area to be used as additional playground area. The new playground area would be fenced (six-foot chain link with a locking gate); please see the attached drawing. There is currently a gate between our property and one of our neighbor's properties. The neighbors attend both our church and school, and the gate provides convenient access for their family to the church property. Without interfering with the required planting, we can provide stepping stones (as shown on the drawing) to allow them to keep using the gate. Thank you for your consideration of this matter. Sincerely, o/t.L, fr)/ u Brian Dutton Building Director BD/Im Enclosures Building Lives With Purpose .• RECEIVED JAN 2 9 2015 n City o f Tigard —TY C TIGARD • Minor Modification — Type I Application TI GAS. Rb a,wk .«.,, a,,. "R� �'d9;.•(.ae..',�` �»,�',_„r#y'i ,'�",� "�::.' °,�' ,_. &.'itl;�t5.:7so......._,_;M.x h w...,,9.,,mss.,..e . n, .rWa _ .z.s,>... ,,.a_ GENERAL INFORMATION Property Address/Location(s): In addition, the Director must find that the proposed /27 3C 5 a Ctfe t t 5 i-C Kg y Zt 'r 1 CAR.CARA C.)2 6' change is in compliance with all applicable requirements of Tax Map&Tax Lot#(s): 1 z Z.d Title 18 of the Tigard Development Code. To complete KCl.*k t t 3--;A b e Z Zc r) this review, the Applicant's proposal must include a Site Size: discussion indicating how the site expansion/change will continue to comply with the maximum setback, building Applicant*: Wit~ E Ft ft- C r,v IZCM height, parking, and landscaping standards. Other Address: i Z 9SG 4,3 5 C rto 1-7e-Rg.y .'D requirements of this title such as clear vision, solid waste City/State: T t 6 Atet.b O tZ Zip: q 7 zZ3 storage, non-conforming situations, signs, and tree Primary Contact: Z. p rt NI vee removal may also be applicable depending on the type and Phone: SC 3 5 7 Z -7392 Fax: location of the proposed modifications. E-Mail: $l r1c b(-) rt c cc "1 Property Owner/Deed Holder(s)*: (Attach list if more than one) 6.1L-S,6arc-” rtSr Crtuitcrt REQUIRED SUBMITTAL ELEMENTS Address:/.2530 S:3 Sc..to-t.s t=t:t e v Ab Phone:`io;Sz4 35c (Applications will not be accepted without the City/State: !ilr•tot th f Zip: c-17 ZZ 3 following required submittal elements) * When the owner and the applicant are different people, the 1Application Form applicant must be the purchaser of record or a lessee in [ ner's Signature/Written Authorization possession with written authorization from the owner or an e Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application Site Play (4 Large Plans&One-Reduced to 81/2"x 11") in the space provided on the back of this form or submit a written authorization with this application. Apple nt's Stat ment/Narrative(4 copies) Filing Fee .9-0/ Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) -Conditional Use. If the 000011 modification exceeds the maximum allowed under any one or Case No.(.): 4///12)-QC)/S-- more of the criteria, a Major Modification review is required. DCC2OI y'00019 Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. Fee: L)/o 00 Q Applicant's Statement: Receipt No.: /�"/ /9 The applicant's statement must include a summary of the Date: Il 9/4C-- proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: 1 to each criterion. Failure to provide the information needed Date Determined Complete: 2 L S to process the application would be reason to consider an Revised: 6/24/2013 application incomplete and delay review of the proposal. r:\cuRPLN\DL cera\Lana Use Applications\htinoc Mod fication.docx City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 ( www.tigard-or.gov I Page 1 of 2 • To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan,attachments, and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. �q � DATED this vl day of cAtiV ,20 /S--- Ownersl a e Loar,Lowner's •Signature " Y Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 Page 1 of 2 Minor Modification Type I Application Applicant's Statement 1. An Increase in dwelling density or lot coverage for residential development Our request for modification has nothing to do with residential development or dwelling units. 2. A change in ratio or number of different types of dwelling units. We are not constructing or tearing down dwelling units. 3. A change that requires additional on-site parking in accordance the Chapter 18.765 Reducing our auditorium seating capacity should allow us to reduce parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. There are no changes to any of our buildings necessary. 5. An increase in the height of the buildings by more than 20% I do not anticipate needing to raise any of our buildings. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes in the type or location of any accessways or parking areas required that would affect off-site parking. 7. An increase in vehicular traffic to and from the site and increases can be expected to exceed 100 vehicles per day. There will be no impact on traffic to and from the site. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. We will not be adding to any of our buildings. Page 2 of 2 9. A reduction in the rea reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space by more than 10%. We will not be reducing the open space area. 10. A reduction of project amenities (recreational facilities, screening,and/or landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. There will be no reduction in project amenities. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of Criteria 1 through 10 above. At the time of site development CUP 2001-00004 required us to maintain 184 parking spaces. Minor MOD MMD208-00012 reduced our Auditorium seating capacity to 600 and our parking requirement to 165. Our current request would drop the auditorium seating to 475 and the parking requirement to 131. This would allow us to fence the SE parking area per the attached drawing and use the area as a hard surface playground. (6 ) 91058215 � Washington County DEED OF RECONVEYANCE KNOW ALL MEN BY THESE PRESENTS, That the undersigned trustee or successor trustee under that certain trust deed dated . . . .J.gJ,y 31 , 19 87 , executed and delivered by The Westgate Baptist Church an • •Qx?gon.Non-Pr.4fl.t corporation as grantor and recorded on August 4 , 19 87, in the Mortgage records of . . . .WasJzi,i gton County, Oregon, in book/reel/volume No. at page , or as document/fee/file/instrument/microfilm No. 87039781 (indicate which), conveying real property situated in said county described as follows: Please refer to the above fee number for complete legal description. (IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE SIDE) having received from the beneficiary under said trust deed a written request to reconvey, reciting that the obligation secured by said trust deed has been fully paid and performed,hereby does grant, bargain, sell and convey,but without any covenant or warranty, express or implied, to the person or persons legally entitled thereto, all of the estate held by the undersigned in and to said described premises by virtue of said trust deed. In construing this instrument and whenever the context hereof so requires, the masculine gender includes the feminine and neuter and the singular includes the plural. IN WITNESS WHEREOF', the undersigned trustee has executed this instrument;if the undersigned is a corporation, it has caused its corporate name to be signed and its corporate seal to be affixed hereunto by its officers duly authorized thereunto by order of its Board of Directors. DATED:. . . .Qctober. 11 19. 9.1 . .. . . .Chicago. .Titl.e. insux.anc. .Company. .of. Qx�g.on THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED ri IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS mar ?0 • AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- •• • • • • • • • lT MENT, THE PERSON ACQUIRING FEE TITLE TOTHEPROPERTYSHOULD By: Susan Bourdage, Assistant Seci etary CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPART- MENT TO VERIFY APPROVED USES. Trustee (If the trustee who signs above is a corporation, use the form of acknowledgement opposite.) (ORS 93.490) STATE OF OREGON, ) STATE OF OREGON, County of Clackamas )ss. )ss. QCtob.eY..1 7 19.91,.. County of ) Personally appeared....Susan.R.oul dage and , 19 who, being duly sworn, each for himself and not one for the other, did say that the former is the Personally appeared the above named president and that the latter is the Assistant...secretary of..C.hi.ago.Tit..le Insurance.Comp.any..of.Aragon..., a corporation, and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal meat to be voluntary act and deed. of said corporation and that said instrument was signed and sealed in behalf of said corporation by au orit or Its board roc n7'each o?them Before me: acknowledged said rnstr1Jm y e its voh �ct i deed. efore y ,Yrj. PAMELA J.DUPASQUIER (OFFICIAL ��• `$�'' NOTARY PUBLIGOREGOtrOFPCIAL SEAL) '�`'� .COMMISSION NO.007206 SEAL) Notary Public for Oregon Nota lic or Orego i MY COMMISSION EXPIRES JUNE 3, 1995 (If t..J b,..__/Oration, My commission expires My commission expires: affix corporate seal) STATE OF OREGON CTICSS County of Washington GRANTOR'S NAME AND ADDRESS I,Jerry R. Hanson, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county,do hereby certify that the within instrument of writing was received and recorded in book of records of said county. GRANTEE'S NAME AND ADDRESS SPACE RESERVED Jerry R. Hanson, pjrector of FOR After recording return to: Assessment and Ta5tation. Ex- WESTGA'1'E BAPTIST CHURCH RECORDER'S USE ',gfflcro County CIetk . 12930 SW SCHOLLS FERRY ROAD (1'" ,_t___:41. ..**.. TIGARD, OR 97223 OQ NAME.ADDRESS,ZIP ON (,`OU0 Until a change is requested all tax statements shall be sent to the following address. Doc : 91058215 Rect.: 64194 13 . 00 10/18/1991 02: 32: 09PM. NAME,ADDRESS,ZIP Stock No. ORL-0390/CT (12-88) n ChicazoTitle .,-•'FYI . �•M1J �'.. , w._._ ......... ,...._. ..u_w_+_... • •�•' .etMMw.a aAAf.M 1110141111"...i'{ ':'. :1 a corporation duly oriardaed existing under t� ma d n e lathe Stars or............ OX)sgf ,,.... Amnioma coneys and warrants to Wetgate Bap.Llit,..Ch 1. Grantee, the /Slowing described nal property lysed ortellfnbraness .Inapt as n � fad! Mt forth Main situated in Washington County, Oregon,to-will 1 gfirir►ii�q at East ons-quarter notion dozer of Section 33, 'lbwnship 1 sou h, fq�gr V 1 Mot, Willatriltta blsrldiari, Rashington abtmty,t Orsgrn, and running thanes Nest 13241.12 feet, more or less, along the southerly boundary of the Vincent Olson tract as recorded ry in Beak 225, page 248, deed re o, dated Deceetdxr 16, 1943, to an iron svdl ofthitxye ' % tbrth 573.8 feet ca an i:dn =vd: said rad marking the! true poi t of J\ description, there aantinuing North 299.38 feet to the center of Scholls Ferry Road , (County ,bed 348) thence North 72e55' t 292.93 feet along said centerline to a points ?) thenad Satoh 385.43 feet to an iron rod: thence West 280.0 feet to the true paint of inning. ��p (�3]a,�sithat part#an lying within the limits of right oft way of - ty aVed �• 348 1RSOir O riION REIERSE SIDE) The said property is free from all encumbrances except city or Tigard liens, any lien of United aaiierage Agency, and the easement in favor of Tigard Water District, -_dated January 11, 1984, recorded January 16, 1984, as recorder's fee no. no-others. . ......._ The true consideration for this conveyance is s,?755,QQQ.t.QQ.r... (Here comply with the requirements of ORS 93.030) Done by order of the grantor's board of directors with its corporate seal affixed ort-.1'..Mlal..-1. ,19.-5_7_ THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY • PARTICULAR USE MAY BE MADE OF THE PROPERTY DESCRIBED IN THIS INS'TPUMENT, A SUPER SHOULD —'_.__—.._... CHECK WITH THE APPROPRIATE CITY OR COUNTY Sy N0�•k5"r-� 41-/• --- -r aVe ASS.: - PLANNINO DEPARTMENT TO VERIFY APPROVED USES. - "�'i.L -• (CORPORATE SEAL) By..��".V.!:W..(7..(,;,�"'./ __-.-.Secretary STATS OF OREGON,County al..Washington...... .., .)... -..July ..''31 .19 57. . - Personally appeared _..�...M ,.... y1% .. ... .... . . . and . Zlan,,B�+shey _. .... .... ... who,each `br tgira • ero►n,did war that tM former is the Adln n13trdy1S _.,�$Si.ta3le the .�. --'.:L.4:!..1.-4-:.4...^Isecretary of 5 .'thrAteSt.IBible. C3 h ' ' _ .. .. . .- r"aoesr . ... R that the![trey • • , r ~ � corporation,end that the Beat Milled the to instrument i.tho ax le•,argil of old Oais, stion and that said instrument was eigw.d and.paled in behalf of said eor atlon by authority of its board tl tli store:.Amor vach.aaf !fern acknowledged said Instrument to be lee vohf act ,d deed, C (Ovve ) t ... — .-...._. . �L. a 'L� - Before me: ..., rb%•• ,"J.' t Notary Public for°radon;Mr cmnrd on aacpires:-.2/3190_---- ' c -{,'..'•'...,....•.moi , ��.a��,,--''�--MM��c..,:r��ryA•,, Y DEED _- j emeNYOR W Ri L —at..A••_ tfaANTRa F a sTME of OREGON 7 MASTICS ^L.- 3 s Altar rowan Mom lOt I.DOnoiCJNen��1ff A assatunant end 'remotion' 04 Gan- 4�stgatg Sakti et_ _..._.__. as voyanoos!�3� . ..—. CR R�4RR ED .�p�ygt t \ • P. v. _X44.0.. _.._...-•••--•_.•-..� a andthe Well it; t_n �97q?5 `°9°h0 . • r---,-- M ,...._�..._..._. - N/Virg y71 a- •NMIe.;DORM.ZIP • NI "+ _ .t M ° lb. u.m a drw.e M tgoests/.all tea eletawuu• ' �1• . i�M sent la me Ialiawins ZI ,, eaiise.s, � N �� �� .se fit-- - ----- —. ti ""`"f., '� • _- mm 1` ���t RUG M3 PH Z� Z[ MAADORRee.ZIP . Y[. a - 4 • Page 1 of 2 Minor Modification Type I Application Applicant's Statement 1. An Increase in dwelling density or lot coverage for residential development Our request for modification has nothing to do with residential development or dwelling units. 2. A change in ratio or number of different types of dwelling units. We are not constructing or tearing down dwelling units. 3. A change that requires additional on-site parking in accordance the Chapter 18.765 Reducing our auditorium seating capacity should allow us to reduce parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. There are no changes to any of our buildings necessary. 5. An increase in the height of the buildings by more than 20% I do not anticipate needing to raise any of our buildings. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. There are no changes in the type or location of any accessways or parking areas required that would affect off-site parking. 7. An increase in vehicular traffic to and from the site and increases can be expected to exceed 100 vehicles per day. There will be no impact on traffic to and from the site. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. We will not be adding to any of our buildings. Page 2 of 2 9. A reduction in the rea reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space by more than 10%. We will not be reducing the open space area. 10. A reduction of project amenities (recreational facilities, screening, and/or landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. There will be no reduction in project amenities. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of Criteria 1 through 10 above. At the time of site development CUP 2001-00004 required us to maintain 184 parking spaces. Minor MOD MMD208-00012 reduced our Auditorium seating capacity to 600 and our parking requirement to 165. Our current request would drop the auditorium seating to 475 and the parking requirement to 131. This would allow us to fence the SE parking area per the attached drawing and use the area as a hard surface playground. RECEIVED JAN ?, 9 2015 -- 1 ELANN1i,: ::NGINEEFUN!. oo° 0 ° __ - o V-'- 130th Ave. o O ‘40j:0®o►oe��� o oho 0�{ p^S as;; ..aa ::a�°�= 04_ G. eo j a .,'o o' , w.,,–.w.,l – o:�bOYoI� bt3_.e _60 r: ° ,,[''' . 0000 .°eQOo off.• ee ., - ,e=s e's a .' e a e° • •' a-ere`-. eeea `\ •. e=e -tee<Bee 0e _`�-�n..�,... o L�f ® yli ee -j. Oo00011`._ o°o°os6A,e90o00 115 o N. .,e000 ,, eee0os., -00000-lis 00000 e_ • ...,.. i I t° o®e0 '�(A �i N 0' -.,-,ter_ �.. ....... ° ° ®® Oe °°rti1 + tAt + QS-107, p Q�e °° ""W 0e ���IIII ,G7� tarp �Ee�. & & ,�°-v °o �, ..,.._...........,,., 0e 160'x95' o sea a e ° es0 1��seese ea e\ \\\\ fl s ° c4 OTur' r.... Q " ,, e ' ° + S.W.Sch°Ils Fe:ry Ru. 6 Flay Field ° 9 09 .� 773717 Or,.......,, ,.w.,.....»......,.,,.. o �t° OeJ 6®00 v� �Rxo,mo;'[•,,,,;,g,,, o.3c e .,,.. ..0 _ , f,. ® 60 o 0 0 0. ..,.w� o ......7:::::::.c:"1"' :0_.1 li) 0.S.,,_ e. Q — ........ ��. TiFro "\\,�\t L\ a ....,........,....,.. rd,>.."... ,.,+,........ M o Par-i .- .����%!♦\\\\\\\\\�\�tel`i_ �� ��.,.�o,�'te�ma O ��' `...r•mow ....,,. Q O Otil @��u °O 0 0e _ e,.................. ... . e O s Church e• e ° s pe i m... , ,'...w.0. .�' , I 0 New 3ulldiny O e eo ''rP 1L O �e 0 0e' _ ° e ' e ea: -,e, iii , , , , , , , , iii , i, i , , , , , , , 9 e, , , , i i „ 969 , , , „ , , iieei , , ii i ,, ,e e 0 eeeeee eeeeee ee ee ee eee ee ee ee eeeeee a �aeeeee ee ee ee ee ee ee eeee e6 ee a ee 9 eves B e eosessOOJ000000000eeeee 00000000P8S Woc *©008c eczSo0o0o00000008000©08oelpp©;v/C10:ocoior0000©O©0080e000o0- Ee 9 e e brammesiamiazza 2.: �.r.Z.. rattl=f5 Landscape^!3n ....._.. ==.� ....,... WORKING COPY ..teat °.vu4ChM�..,-- 114 RI TIGARD City of Tigard January 27, 2015 Ben Jaquith, Pastor Westgate Baptist Church 12930 SW Scholls Ferry Rd. Tigard, OR 97223 Code Compliance Record Number DCC2014-00019 Voluntary Compliance Agreement - REVISED I, Ben Jaquith, as a person responsible for Westgate Baptist Church, 12930 SW Scholls Ferry Rd., Tigard, OR 97223, acknowledge the Tigard Development Code (MC) violations specified herein. I agree to the terms set forth below and promise to comply fully with them. All timelines provided below are from the date of this notice,January 27, 2015. Violations: • Failure to comply with conditions of land use approval CUP2001-00004 • Failure to comply with land use approvals MMD2003-00010 and MMD2008-00012 • Failure to provide screening and buffering as required by TDC 18.745, Landscaping and Screening • Failure to provide for the unqualified continuance and availability of required parking in compliance with TDC 18.765, Off-Street Parking and Loading Requirements As representative of Westgate Baptist Church, I hereby agree to the following terms: 1. Over the next 14 days we will plant all trees and ground cover necessary to restore adequate buffering and screening as required by TDC 18.745.050.B.4 and Table 18.745.2: , 18.745.050 Buffering and Screening B. Buffering and screening requirements. 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. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 Page 1 of 3 TTY Relay: 503.684.2772 • www.tigard-or.gov 18.765.2 Buffer Combinations for Landscaping and Screening Options Width (feet) Trees Shrubs or Screening (per linear feet of buffer) Groundcover 1 20 Shrubs 6'hedge D 2 15 15'min/40'max spacing Shrubs 6' fence 3 10 Shrubs 6'wall 2. Over the next 14 days we will remove any and all objects, including but not limited to recreation equipment, lines painted for play, gates, chains, and storage containers, which obstruct the unqualified continuance and availability of parking areas for parking and vehicle movement, or which promote any use other than parking or vehicle movement within parking areas, unless approved by the Community Development Director. 3. I will distribute the following "Notice regarding use of the play field, playground, and parking areas" to all staff or other persons responsible for the supervision of activities on the property. The notice shall be distributed by hard copy or email to all church and school staff within the next 6 days and at least once every calendar year in perpetuity and to all other persons responsible for the supervision of activities on the property prior to the occurrence of activities under their supervision. A copy of the original notice and distribution list shall be received by the City by 4:45 p.m. on February 2, 2015. Notice regarding use of the play field,playground, and parking areas: All parking areas on the Westgate Baptist Church property are for the exclusive use of parking and vehicle movement. No other uses, including but not limited to recess,physical education or other classes,after-school recreation,youth group or other congregant activities, athletics, or neighborhood play, are permitted in any parking area at any time. Outdoor activities must be contained entirely within the enclosed field/playground area and may only occur during regular school hours (7 a.m.-5 p.m. when school is in session)or during events authorized by the church. In no case shall use of the play areas occur after 10p.m. Lighting of play areas is prohibited. Bullhorns or their equivalent may be used only to the minimum extent necessary to maintain order and protect participants and observers. The play areas shall be locked when not in use. All vehicle entrances to the parking area shall be locked no later than one hour after activities have completed or 10 p.m., whichever is earlier. 4. Over the next 21 days I will either: a. Submit a complete application for a minor modification requesting approval to reduce the posted occupancy load of the multi-purpose building in order to reduce the minimum number of parking spaces required onsite and to construct an enclosed playground area at the southeast corner of the existing parking area which conforms with the conditions required by CUP2001-00004 (note: an application is not complete until all required submittal elements are accepted by the City); or b. Inform the City in writing that the church will not apply for a minor modification at this time, will not make any changes to the site except those necessary to remedy outstanding violations, and will continue to abide by all terms agreed to herein. 5. In no case shall any activities other than those approved under CUP2001-00004, MMD2003- 00010, and MMD2008-00012 continue on the property, nor shall any required buffer or parking area be out of compliance with any applicable condition of approval or TDC provision Page 2 of 3 referenced in this agreement, after February 10, 2015 unless approved by the Community Development Director. I also understand and agree that: ✓ If this agreement is not signed by me and a copy received by the City no later than 4:45 p.m. on January 29, 2015, the terms offered will become null and void. Enforcement action will continue according to the process described in Tigard Municipal Code Chapter 1.16, Article II. ✓ So long as this agreement is effective and all timelines are met, the City will withhold further enforcement action regarding these violations. If any timeline is not met or progress is deemed inadequate by the City in its sole judgment and discretion the City may take immediate enforcement action including service of a Summons and Complaint. ✓ Each violation of the Tigard Municipal Code constitutes a separate Class One Civil Infraction and is subject to a fine of up to $250 per day per violation. ✓ Failure to comply with any terms of this agreement constitutes an additional, separate infraction and will result in filing of a citation, summons, and complaint for all violations to the Tigard Municipal Court. The period for assessing civil penalties begins on the date of this notice. This agreement will be used in court as additional aggravating circumstances and breach of good faith. ✓ It is my responsibility to ensure that all terms of this agreement are met on time, regardless of weather conditions, contractor schedules, processing time, or any other delays which could potentially result in failure to meet compliance deadlines. ✓ Upon full compliance with all terms of this agreement, the City will withhold further enforcement action regarding these violations and the case will be closed without penalty. ✓ This agreement is solely intended for the abatement of the violations addressed above. The City is not obligated or bound to offer agreements for any other violations. This agreement shall not be considered setting a precedent for any other case or matter. Ben Jaquith, Pastor Date Signed )7* / //11/ Tim Lehrbach, City of Tigard Date Received Livability Compliance Specialist Page 3 of 3