Hearings Officer Packet - 05/26-1983 - NW Montessori School CU 2-83 HEARING OFFICER DECISION 1 OF 1
6/83 NW MONTESSORI SCHOOL
IMP 0
1640 HEARING OFFICERS DECISION
5/83 NW Montessori School
CU 2-83
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR ) No.
A MONTESSORI PRESCHOOL WITH )
EXTENDED CARE IN AN EXISTING .' 2-83
CHURCH; Northwest Montessori )
School, Inc. , Applicant. )
This matter coming before the Hearings Officer at the
regularly scheduled meeting of May 26 , 1983, at 7 : 00 P.M. in
the conference room of the Durham Treatment Plant, in Tigard,
Oregon, at which time testimony, evidence and the Planning
Department ' s staff report were received; and
The Hearings Officer adopts the findings and conclu:;ion.
contained within the staff report, a copy of which is attached
hereto and incorporated by reference herein ind marked Exhibit
"A" ; therefore
IT IS HEREBY ORDERED
CU 2-83 is approved subject to the following conditions:
1 . The applicant shall provide the City with written
documentation from the State ' s Childrens Division stating that
the facility is certified prior to occupancy.
2. The applicant shall provide the City with written
documentation, prior to occupancy, stating when the building will
be connected to sewer .
3. An inspection for compliance to fire, life safety
reyuiiements shall be made by the Tualatin Rural Fire Protection
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District Fire Marshall prior to occupancy. The applicant shall
provide proof of thisoz the City prior tc,, occupancy.
DATED tnis day of June, 1983 .
HEARINGS OFFICER
APPROVED:
t �
BtTH MASON
Page 2 - CU 2-83
I
STAFF REPOR1
AGENDA I1EM 2.2
TIGARD HEARINGS OFFICER
May 26, 1983 - 7:00 P.M.
DURHAM TREATMENT PLANT
Corner of SW Hall and SW Durham
Tigard, Oregon 97223
A. FACTS
1. GENERAL INFORMATION
CASE: CU 2-83 Northwest Montessori School Inc. NPO # 3
REQUEST: For a Conditional Use Permit to operate a Montessori preschool
with extended care within the existing building of St . James
Episcopal Church.
RECOMMENDA1ION: Based on staff 's site investigation and analysts and
information supplied by the applicant , staff
recommends that the Hearings Officer approve CU 2-83
with conditions.
APPLICANT: Northwest Montessori School Inc.
14371 S Buckner Creek Rd.
Mulino, Oregon 97042
OWNER: St. James Episcopal Church
11511 SW Bull Mountain Road
Tigard, Oregon 97223
LOCATION: 11511 SW Bull Mountain Road (WaTh Co. lax Map 2S1 IOBD lot 100).
LOT AREA: 2.4 acres
COMPREHENSIVE PLAN DESIGNA1ION: Low Density Residential
ZONING DESIGNATION: R-20
NPO COMMENT: NPO # 3 has not offered any written comments on this
application request.
PUBLIC NU1ICES MAILED: 27 notices were mailed. No written comments had
been recived at the writing of this report .
2. BACKGROUND/PREV1OUS AC1ION
None.
VICINITY INFORMATION
All of the land surrounding the subject site is designated low density
residential on the City 's Comprehensive Plan. the land on the south side
of Bull Mountain Road is still in the County. The property on the north
side of Bull Mountain Road is zoned k-20. All of the property surrounding
the site is developed as large lot single family home sites.
4. Site Information
The site slopes to the northeast. the existing church sits approximately
30 feet off of Bull Mountain Road. There is a paved parking area west of
the church to the property line. North of the church is a filbert
orchard. East of the church are some large fir trees and a lawn area to
the property line.
B. APPLICABLE PLANNING POLICIES:
1. COMPREHENSIVE PLAN POLICIES
2. 1. 1 The City shall maintain an ongoing citizen involvement program
and shall assure that citizens will be provided an opportunity
to be involved in all phases of the planning process.
Notices were sent to all property owners within 250 feet of this
application. A notice was published in the Tigard 'limes on May
12, 1983. In addition, NPO tY 3 was notified of this application
request.
2. 1.3 The City shall ensure that information on land use planning
issues is available in an understandable form tor all interested
citizens.
All interested citizens are given at least 10 days to comment on
all planning applications and are encouraged to do so. All
written comments are entered into the record and persons are
given an opportunity to present oral or written testimony at the
public hearing.
2. 11GARD MUNICIPAL CODE
Section 18.20.020 - Conditionl Uses , lists those uses allowed with a
Conditional Use Permit in an R-20 zone. Group Residential (Children's Day
Care) is listed.
Section 18.72.050 lists general criteria for conditional use approval as
follows:
18.72.050 - General Criteria for Conditional Use
In addition to the requirements of Section 18. 72.060, a conditional use
permit shall be issued by the Approval Authority if it is determined to
conform to the following criteria.
a. The use requested would conform with maps, goals and policies of the
Tigard Comprehensive Plan, and is listed as a conditional use in the
underlying zoning district .
b. The granting of the proposal would provide for the facility that is
consistent with the overall needs of the community.
c. The characteristics of the site are suitable for the proposed use
considering size, shape, locations, topography, existence of
improvements and natural features.
STAFF REPOR1 CU 2-83 Page 2
d. The site and proposed development is timely, considering tine adequacy
of transportation systems, public facilities and services existing or
planned for the area affected by the use.
e. the proposed use will not alter the character ut the surrounding area
in a manner which substantially limits, impairs, or precludes the use
of the surrounding properties for the primary uses listed in the
underlying zoning district.
18.72.060(p) - Standard Dimensional requirements for approval of
Conditional Use types reads as follow:
p. Group residential (Children's Day Care):
1. Applicable zone: Single family residential.
2. Minimum lot size: 5,000 square feet.
3. Mininwn, setbacks: see applicable zone.
4. Height limitations: see applicable zone.
5. Site Design Review in accordance with Section 18.59.
6. State certification in accordance with ORS 418.805 - 418.885.
7. Off-street parking in accordance with Section 18.60.120.
Additional dimensional requirements are outlined in Chapter 18.20 as
follows:
18.20.090 Setback--R-20 or R-30 zone. Except as provided in Section
18.12.100 the setbacks in an R-20 or R-30 zone shall he as follows :
(I) The front yard setback shall be a minimum of thirty feet ;
(2) The side yard setback shall be a minimum of five Leet for a one
story building, six feet for one and one-half and seven Leet for
a two story building;
(3) On corner lots the setback shall be twenty feet on each side
facing a street other than an alley;
(4) The rear yard setback shall be a minimum of twenty-five feet .
(ord. 80-36 Exhibit A (part), 1980: Ord. 79-45 Section 1 (part) ,
1979).
18.20.100 Building height. Except as provided in Section 18.12.110, no
building in an R-5, R-7, R-10, R-20, or R-30 zone shall exceed a height of
two stories of thirty feet whichever is less. (Ord. 80-36 Exhibit A
(part ), 1980: Ord. 79-45 Section 1 (part ), 1979).
Parking requirements for day care centers are listed in section
18.60.120(3) as follows:
(d) Preschool , day nursery , kindergarten 5 spaces, plus 1 space
per classroom.
Staff Report CU 2-83 Page 3
4
3. S1AFF ANALYSIS
The applicant's proposal conforms to all of the general criteria for
conditional use approval. The proposal also meets the dimensional
requirements for a day care facility. In addition, the proposal meets all
of the standard dimensional requirements which are applicable to day car(
tacilties located in a single family zone. The parking lot provides
adequate parking for the day care use. The existing parking lot
circulation pattern is very condusive to this type of use. there are a
number of spaces near the building to allow parents to park for brief
periods while dropping off or picking up their children. The one way
circular drive should allow for smooth traffic flow.
4. RECOMMENDATION
It is staff's opinion that the applicant 's proposal meets the requirements
set forth in the ligard Municipal Code to allow for a Conditional Use and
conforms to all applicable Comprehensive Policies. In addition, stall
recommends the following conditions be attached to the approval :
1. The applicant shall provide the City with written documentation from
the State's Childrens Division stating that the facility is certified
prior to occupancy.
2. The applicant shall provide the City with written documentation,
prior to occupancy, stating when the building will be connected to
sewer.
3. An inspection for compliance to fire, life safety requirements shall
be made by the Tualatin Rural Fire Protection District Fire Marshall
prior to occupancy. The applicant shall provide proof of this to the
City prior to occupancy.
PREPARED BY: APPROVED BY:
._ _ / - 49/ _j
L'e1Eli• eth A. ewtontAl William A. Monahan
Associate Planner Director of Planning and Development
STAFF REPORT CU 2-83 Page 4