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Hearings Officer Packet - 06/16/2003
HEARINGS OFFICER - - - - - MONDAY -JUNE 16, 2003 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 MITCH CHARTER SCHOOL CONDITIONAL USE PERMIT (CUP) 2003-00004 ADJUSTMENT (VAR) 2003-00026 The applicant is seeking approval for a Charter Elementary and Junior High School within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 1 of 1 AGENDA ITEM NO. ~,1 J AGENDA ITEM NO.: 2.1 DATE: JUNE 16, 2003 PAGE-L_OFJ FILE NAME: MITCH CHARTER SCHOOL CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2003-00004 ADJUSTMENT (VAR) 2003-00026 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I - - 1 _ - - - _ _ - - _ _ _ - - - - _ _ - - - _ _ - - _ _ _ Name, Address, Zip Code and Phone No. ~r ~i SG~r I Name, Address, Zip Code and Phone No. Cast+~ l.oc~ 10,5c)5 5 v j -n - -~L I - - - NamrrA_e,Addr S, Phone No. -BYl ~ VO~VF4;7 - - Name, Address, Zip Code and Phone No. I lAl V! tLi rt wAA4 0 L~0 f 1 " '17 L7-~ - - - d4 -1 ress, Zip Code and Phone No. Name, A 1 Name, Address, Zip Code and Phone No. akwf N aoE fR I 16Jf'70 -9W VIEW 7FR R)+(2E 1 7-44RO Q74A,4 Name, Address, Zip Code and Phone No. _ _ 1 Name, Address, Zip Code and Phone No. 1 - - - - - - - Name, Address, Zip Code and Phone No. - - - - - - - - - - - - - Name, Address, Zip Code and Phone No. 1 I I - - - - - - - - Name, Address, ZipCode and Phone No. - - - - - - - -de- - - - - - - - I Name, Address, Zip Co and Phone No. 1 I - - - - - - - - - - -1- - - - - - - - - - - Name, Address, Zip Code and Phone No. ;n d I Name, Address, Zip Code and Phone No. 1 • COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal BEAVERTON, OREGON 97075 Notice, TT (V' 8 Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. 'Tigard,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ) 1 Kathy Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-Tualatin T, mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at iaa rrl in the aforesaid count and state; that the Public Hearing/ CUP2003-0D004,Mitch Charter School a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE Successive and consecutive in the following issues: May 29,2003 Subscribed and sworn to before me this 2 9 X11 d a Y 0, f ,a , 2 33 - OFFICIAL SEAL ROBIN A BURGESS No y Public for Oregon II NOTARY PUBLIC-OREGON COMMISSION NO. 344589 My Commission Expires: i MY COMU: EMN EXPRES WAY 16, 2005 AFFIDAVIT _ - - - • • The following will be considered by the Tigard Hearings Officer on Monday June 16, 2003 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or' evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on.that criterion. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT (CUP) 2003- 00004/ADJUSTMENT (VAR) 2003-00026 > MITCH CHARTER SCHOOL < REQUEST: The applicant is seeking approval for a Charter Elementary and Junior High School within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION: 10575 SW Canterbury Lane; WCTM 2S I l0AA, Tax Lot 1400 and 1500. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range' of civic and institutional uses are also permitted conditionally.. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.330, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795, and 18.810. narmr ~ 1 y I-~r-.,+~t i. _ ...a .w...._... ; : , _ - 7--l f I 03-00004 YAR2003.00026 : ~...~i MITCH CHARTER . _ i F..... , I SCHOOL 1 i R;zn. W,\ I c s: - . f ~ -y t:L TT 10248 - Publish May 29, 2003. • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by MITCH Charter School for a ) FINAL ORDER conditional use permit and adjustment for a charter elementary ) CUP 2003-00004 and junior high school in an existing building at 10575 SW ) VAR 2003-00026 Canterbury Lane in the R-12 zone in the City of Tigard ) (MITCH Charter School) A. SUMMARY 1. Debi Lorence filed the application for MITCH Charter school (the "applicant"). She requests approval of a conditional use permit to operate a charter school. Initially the school will have one classroom each for kindergarten through 4th grade and will accommodate up to 90 students. At capacity the school will have one classroom each for kindergarten through 8th grade and will accommodate up to 180 students. The school will be conducted in an existing assisted living facility at 10575 SW Canterbury Lane, on the north side of Canterbury Lane roughly 200 feet east of the intersection with Highway 99 (tax lot 1400 and 1500, WCTM 2S 110AA (the "site")). The site contains about 11.9 acres and is zoned R-12. The Staff Report to the Hearings Officer dated June 6, 2003 (the "Staff Report") contains a history of City review and development on the site, which the hearings officer incorporates as his own. The applicant does not propose to enlarge the building or to add parking to accommodate the proposed charter school. Initially the applicant will remodel the first floor of one wing of the building to convert six existing residence rooms into five classrooms and will construct a playground on the site. As the school grows, the applicant will convert the second floor into classrooms. The applicant requests approval of an adjustment to the minimum bicycle parking space standard to reduce the number of spaces required from 54 to 10, because, unlike schools that draw most of their students from the vicinity, most of the students for the proposed charter school do not live within easy bicycle access, and parents must accompany children to school. 2. Tigard Hearings Officer Larry Epstein (the "hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the public hearing, City staff recommended conditional approval of the application. The applicant accepted the recommended conditions without exception. Two neighbors testified orally with questions and concerns. Other than service providers, no one testified in writing. The hearings officer closed the public record at the end of the hearing. The principal disputed issues in this case include the following: a. How many students may ride bicycles to school; b. Whether students are likely to trespass over adjacent properties; and c. Where to situate and how to buffer a playground for the school. 3. The hearings officer concludes that the applicant sustained the burden of proof for a conditional use permit and adjustment to the bicycle parking space standard, based on the findings and conclusions provided and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on June 16, 2003. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the CUP 2003-000041VAR 2003-00026 Hearings Officer Final Order (MITCH Charter School) Page I • • hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex pane contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Morgan Tracy summarized the Staff Report and recommended approval of the application subject to the conditions provided therein. He noted that the applicant initially proposes to offer classes for kindergarten through 4th grade. The applicant intends to add 5th through 8th grades in the future as additional space is available in the building. The applicant proposed to construct a small play structure on the southwest part of the site, near the front of the building. The applicant also will construct a pedestrian walkway between the building and Canterbury Lane. The applicant did not propose any changes to the exterior of the existing building. 3. Ms. Lorence accepted the Staff Report and recommended conditions without exception. a. She testified the applicant may relocate the play area to the currently undeveloped area north of the parking lot north of the building on the site to reduce the chance that noise from children playing there will disturb neighbors. She requested the hearings officer modify the conditions of approval to allow the applicant some flexibility in the location of the playground. The design of the playground depends on the amount of funding available. The majority of outdoor activities on the site will occur on the north end of the site, away from neighbors' homes. b. She noted that the applicant will lease the site from the property owner. In response to questions, she noted the lease is between MITCH Charter School and the owner. It does not allow the Tigard School District to operate a public school from the site, and the applicant does not intend to operate the school other than as proposed. The hearings officer noted that making the school public would require another CUP, too. c. She testified that parents are required to accompany their students into the school and sign them in. Students are not allowed to arrive unaccompanied. She agreed to a condition of approval requiring that the applicant continue this practice. d. She waived the applicant's right to have the record held open to offer a closing written argument. 4. Eleanor Fisher questioned whether the Tigard School District can "take over" the school and operate a public school on the site. 5. John Dunklee questioned whether the applicant will continue to require that parents accompany their children into the school and "sign in." He argued that additional fencing may be required if the applicant drops this requirement in the future. He argued that unaccompanied children may trespass over adjacent properties to access the school. 6. At the end of the hearing, the hearings officer closed the public record and announced his intention to approve the application subject to recommended conditions. C. DISCUSSION 1. The Staff Report identifies the applicable approval criteria for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are applicable and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the CUP 2003-000041VAR 2003-00026 Hearings Officer Final Order (MITCH Charter School) Page 2 • • proposed use does or can comply with the applicable approval criteria for a CUP, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the TDC. The hearings officer adopts the findings in the Staff Report as his own, except to the extent inconsistent with the findings and conclusions in this final order. 2. The hearings officer finds that the proposed school is not reasonably likely to generate a significant amount of bicycle traffic. The applicant requires that parents accompany their children to and from school. Parents must enter the building and sign their children in and out. The hearings officer finds that few parents are likely to accompany their children to school on bicycles. Moreover school children attending the charter school are drawn from a larger distance around the school than commonly occurs with traditional, public schools. Fewer children from the vicinity of the school will attend the school, reducing the number of children who attend the school and live within a comfortable bicycling distance given their age range. Therefore the proposed adjustment to the bicycle parking requirements of TDC 18.765.050.E is warranted and should be approved, provided the applicant continues to require that parents accompany their children to and from the school. A condition of approval is warranted to that effect. a. The hearings officer should delegate authority to the planning manager to vary or waive that practice if the applicant provides the requisite number of bicycle parking spaces on the site or undertakes other measures or provides additional substantial evidence that shows such a practice is not needed to ensure compliance with TDC 18.765.050.E. Also see the discussion in finding 3.a below. 3. The hearings officer finds that there is no basis for concluding that students attending school on the site will pose a hazard to neighbors or will be reasonably likely to trespass. Students will be accompanied to and from school by a parent or other responsible person„ and students will be supervised on the site by school staff during the day. If parents do not accompany children, it is possible one or more children would take a short- cut to the school through private property (e.g., from the end of View Terrace west to the school).' Therefore the applicant should be required to continue the practice of having a parent or other responsible person accompany children to and from the school to avoid the potential for trespass, given that the practice is being required to comply with TDC 18.765.050.E anyway. a. However that trespass is possible does not make it inevitable or even likely. If the planning manager finds the check-in/out practice is not warranted to comply with TDC 18.765.050.E, and there is no history of trespass problems associated with the school, the hearings officer finds that the planning manager may reduce or waive the requirement. As a condition of such a change, the manager could require the school to determine on a periodic basis whether any students are situated where a short-cut could be tempting, based on their domicile address and the most direct route to the school, and to work with the children in question and their parents to promote responsibility and respect for the rights of the owners of property that would be affected by use of the short-cut. The manager also could require monitoring of the situation and/or could retain jurisdiction to address issues that arise over time. ' The hearings officer has personal experience with this, having once cut-through a neighbor's yard to reach my elementary school and having been turned in for it by my cousin and reprimanded by the principal and my parents. The charter school staff should respond similarly to information about one of its students. CUP 2003-000041VAR 2003-00026 Hearings Officer Final Order (MITCH Charter School) Page 3 • 4. The applicant originally proposed to locate the play area near the west end of the building, south of the access road. As noted in the Staff Report, noise from the play area in this location may have an adverse impact on residents of the apartments south of the site. Therefore if the applicant provides a play area south of the access road, it should be situated as far north as possible without crossing the access road and not less than 30 feet from the south boundary of the site. a. At the hearing the applicant proposed to relocate the play area north of the proposed building. The hearings officer finds that situating the play area north of the building will reduce potential noise impacts on abutting residents. A play area north of the building will be screened from surrounding residents by distance, the existing building and significant vegetation on the site, reducing the need for additional screening and buffering. Therefore the hearings officer should delegate authority to the planning manager to reduce or waive the screening and buffering requirements if the applicant sites the play area north of the building. Condition of approval 1 should be modified to that effect. 5. Schools are permitted as a conditional use in the R-12 zone. Although the Tigard School District (the "District") has not proposed to do so, it could, in theory, operate a public school from this site. However the District cannot simply "take over" this approval and convert the proposed charter school to a standard public school without authorization by the owner or acquisition by the District and approval of additional City permits following a public hearing. The District would have to show that a public school would comply with the applicable approval criteria. A public school may have substantially greater impacts than the proposed charter school and therefore may require additional mitigation in order to be approved. In any event, such a public school use of the site is not proposed and is not approved or authorized by this decision. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit and that a smaller adjustment than requested do or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2003-00004NAR 2003-00026 (MITCH Charter School), subject to the conditions of approval in the Staff Report dated June 6, 2003 with the following modifications: 1. Condition 1 is hereby amended to read as follows: The applicant shall certify that when the playground is constructed, it shall be screened from adjacent residential properties with either a sight obscuring fence, wall, or landscaped hedge. Such screening shall be a minimum of 4 feet in height, unless climbable play equipment is used (like a jungle gym), in which case the screening shall be a minimum of 6 feet tall. CUP 2003-000041VAR 2003-00026 Hearings Officer Final Order (MITCH Charter School) Page 4 • • a. If the playground is located west of the building it shall be situated south of the access road but as far from the apartments to the south as practical. The playground shall be setback a minimum 30 feet from the south boundary of the site. b. The planning manager may reduce or waive the requirements of this condition if the applicant sites the playground north of the building. The amount, nature and location of screening and landscaping for the playground shall depend on the location of the playground and the potential for impacts to neighbors based on that location. 2. Condition 6 is hereby added to read as follows: 6. The applicant shall require all children to be accompanied to and from school by a parent, guardian or equivalent and to check into and out of the school daily with that accompanying person. School staff shall respond in a timely and responsible manner if students are not accompanied by such a person. a. The planning manager may modify or waive this requirement if the applicant provides the requisite number of bicycle parking spaces on the site or undertakes other measures or provides additional substantial evidence that shows such a practice is not needed to ensure compliance with TDC 18.765.050.E. b. As a condition of approving such a change, and in addition to other conditions of approval that may be warranted, the manager may require the school to determine on a periodic basis whether any students are situated where a short-cut could be tempting, based on their domicile address and the most direct route to the school, and to work with the children in question and their parents to promote responsibility and respect for the rights of the owners of property that would be affected by use of the short-cut. The manager also may require monitoring of the situation and/or may retain jurisdiction to address issues that arise over time. C. Although the planning manager can administer such a change pursuant to a Type I process, the manager may subject a request for such a change to a Type H process to promote nnhlir axxiarwnnee ~nrl invnlvuxvxnnt t...va.v a.a a.aa vaiv~.x uxau uxrvir~xu~.x x~. DATED this 26th day of June, 2003. t AICP Larry Epstei EVd City of Tig L Use Hearings Officer CUP 2003-000041VAR 2003-00026 Hearings Officer Final Order (MITCH Charter School) Page 5 ~ r "EXHIBIT C" WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) Agenda Item: 2.1 Hearing Date: 6.16.2003 Time: 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER CRY OFTIGARD Com ry ` ni FOR THE CITY OF TIGARD, OREGON SrgABtt Co m 120 DAYS = 9/1;3/2UUT SECTION I. APPLICATION SUMMARY FILE NAME: MITCH CHARTER SCHOOL CASE NOS: Conditional Use Permit (CUP) CUP2003-00004 Adjustment (VAR) VAR2003-00026 APPLICANT: MITCH Charter School OWNER: Canterbury Crest Attn: Debi Lorence Attn: Christine Kopkie, Director PO Box 230575 10575 SW Canterbury Lane Tigard, OR 97281 Tigard, OR 97224 PROPOSAL: The applicant is seeking Conditional Use approval for a Charter Elementary and Junior High School within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are proposed, along with a small outdoor play area and walkway to the street. An Adjustment to the bicycle parking requirement has been requested to reduce the number of required bicycle spaces. LOCATION: 10575 SW Canterbury Lane; WCTM 2S110AA, Tax Lots 1400 and 1500. COMP. PLAN AND ZONING DESIGNATION: R-12: Medium-Densitv Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.370, 18.390, 18.510, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: MITCH CHARTER SCHOOL PAGE 1 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER 0 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to tfe Panning Division ('Dorgan Tracy, 6344Tn, ext. 24Mor review and approval: 1. The applicant shall certify that when the playground is constructed, it shall be screened from adjacent residential properties with either a sight obscuring fence, wall, or landscaped hedge. Such screening shall be a minimum of 4 feet in height, unless climbable play equipment is used (like a jungle gym), in which case the screening shall be a minimum of 6 feet tall. Furthermore, the playground shall be situated as far from the apartments to the south as practical, a minimum setback of 30 feet is required. 2. The applicant shall provide a 10 stall bicycle parking structure that is not within parking aisles, required landscaping or pedestrian ways. A revised plan will be required showing the location and specific design of the required bike rack. 3. The applicant shall submit a plan for City.review and approval that shows the location and construct a walkway connection, minimum 4 feet in width and that meets the design criteria of Section 18.705.030 (F). 4. The applicant shall certify that the proposed use will not generate noise in excess of the standards specified in the Tigard Municipal Code, Chapter 7.40.160. 5. The applicant shall either provide a stormwater quality and detention facility (to be designed by a registered engineer in accordance with CWS standards) or alternately may pay the fee in lieu of these facilities. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS REPORT. SECTION III. BACKGROUND INFORMATION Site History Staff conducted a search of City records for the subject parcel. Apart from a lot line adjustment approved in September of 2001 MIS 2001-00024) no other land use approvals were found for the subject property. This lot line adjustment was never recorded, and the approval has subsequently lapsed. The property was developed prior to its incorporation into the City of Tigard. While the current group living use is permissible in the zoning district as a conditional use, no conditional use approval has been granted through the City. Vicinitv Information: The site is located east of SW Canterbury Lane, south of Pacific Highway. The property is zoned R-12 with R-3.5 zoning to the east, R-12 zoning to the north and south, and V zoning to the west. Site Information and Proposal Description: The applicant is seeking approval for a Charter Elementary and Junior High School, within the existing Canterbury Crest Assisted Living Center. Initially, the two uses will coexist, with the school ultimately utilizing the entire building at some point in the future. Some interior tenant improvements are proposed, along with a small outdoor play area and walkway to the street. An adjustment to the bicycle parking- requirement has been requested to reduce the number of required bicycle spaces. Concerns Raised by Neiahbors: Statf received no comments from nearby neighbors. SECTION IV. REPORT MAKING PROCEDURES. PERMITS AND USE MITCH CHARTER SCHOOL PAGE 2 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • • Use Classification: Section 18.130.020. Lists the Use Categories. The applicant is proposing to use an existing assisted living group home building for use as a charter school. This use is classified as a School, which is listed as a Conditional Use in the R-12 zone. Summarv of Land Use Permits and Report Making Procedures: Chapters 18.310 and 18.390 The proposed use (Schools) requires a Conditional Use permit which is a Type III-HO decision. Type 111-HO procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. SECTION V. SUMMARY OF APPLICABLE CRITERIA The proposal's consistency with these Code Chapters is reviewed in the following sections: A. Specific Conditional Use Approval Criteria 18.330 B. Zoning Districts 18.510 (Residential Zoning Districts) C. Applicab a Development Code Standards 18.370 Variances and Adjustments) 18.705 Access Egress and Circulation) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off-Street parkin and loading requirements) 18.795 Visual Clearance}? D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 SECTION VI. - APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that 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 requirements in Chapter 18.330. General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The size of the site is 11.9 acres and is consistent with the standards for the R-12 zoning district. The site is developed with a group living residential use (Canterbury Crest Assisted Living Center). The applicant's request is to run a charter school from the 1St floor of the existing group care facility building. The site provides adequate area for the proposed use. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography and natural features; MITCH CHARTER SCHOOL PAGE 3 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER The 11.9 acre site is developed with a group care home, outdoor gazebo, and a parking lot. The site slopes away from the building down towards Pacific Highway and the area surrounding the building is predominantly flat. The site is very large, and is roughly square in shape and is adequate for the proposed school use. Its location off of SW Pacifc Highway along a neighborhood route facilitates site access. There are many trees on the property which create a park like setting. No exterior alterations are proposed to accommodate the charter school. Therefore, the site is suitable for the proposed use. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers and water are already in place and serve the present group care home. Streets: This site lies adjacent to SW Canterbury Lane which is classified in the City's Transportation System Plan as a neighborhood route. At present, there is 25 feet of right-of-way on Canterbury Lane. The street is fully improved with curbs gutters, sidewalks and standard pavement section. Additional right-of-way will not be required for this proposal. Water: This site lies within the service area of the Tigard Water Department. There is an existing public water line in SW Canterbury that serves fire sprinklers and general water supply. Sanitary Sewer: There is an existing 8" public sanitary sewer line within the Canterbury right-of-way adjacent to this site. The existing building is presently served from this main line. Storm Drainage: The topography of this site slopes to the west toward Pacific Highway. A storm drain system is present I in place in SW Canterbury Lane. There is presently no detention facility, however, this is a preexisting condition. Since a very minor addition of impervious area will be created for the proposed walkway, no requirement for detention will be necessary. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the R-12 zone, the additional dimensional requirements and approval standards for Schools are specified in the Conditional Use Standards Section 18.330.050.B.19. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-12 Conditional Existing Use Minimum Lot Size - Detached unit 3,050 s.f. 3,050 s.f. 518,718 s.f. - Duplexes - Attached unit Average Minimum Lot Width I None I I N/A Maximum Lot Coverage 1 80% 1 1 12.6% Minimum Setbacks - Front yard 15 ft. 30 ft. 325 ft. - Side facing street on corner & through lots 10 ft. 20 ft. N/A - Side yard 5 ft. 20 ft. 109/400 ft. - Rear yard 15 ft. 30 ft. 116 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. 116 ft. - Distance between property line and front of garage 20 ft. N/A Maximum Height I 35 ft. I I 30 ft. Minimum Landscape Requirement I 20% I I 87.4% 1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. MITCH CHARTER SCHOOL PAGE 4 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • • The proposed use will occupy a pre-existing Assisted Living Group Care home facility. As demonstrated above, the applicable requirements of the zone have been met. The supplementary requirements set forth in other chapter of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Report Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping and Screening; 18.765, Off-Street Parking; 18.795, Visual Clearance Areas. The development standards and requirements of these chapters are addressed below. The proposal contains no elements related to the provisions of the following chapters: 18.600, Community Plan Area Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760;, Nonconforming Situations; 18.780, Temporary Uses; 18.790, Tree Removal and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the Development Code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. Additional Conditions of Approval for Conditional Use. Section 18.330.0303 states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; The applicant has proposed that the school be open Monday through Friday 7AM-5PM and operating between 8AM and 4PM. This is consistent with most schools. A condition limiting the time or manner of operation is not necessary. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; Based on the proposed use, noise could be a factor when children are present and playing outside. The applicant has proposed a play area on the southwest part of the site, to the side of the entry drive and in front of the assisted living center. This play area would be constructed as funds become available. There are apartments on the abutting southern property within 25 feet of the property line. To minimize the potential for noise impacts, the playground should be placed as far north away from these apartments as practical. However, since the school use will be during normal business hours, and is subject to the noise standards set forth in the municipal code, no additional measures should be necessary. The property has a large amount of screening vegetation to protect homes to the south from visual impacts. No impacts from vibration, air pollution, glare, odor, or dust are foreseen. Noise violations can be enforced under Tigard Municipal Code Section 7.40.130. Requiring additional setback areas, lot area, and/or lot depth or width; MITCH CHARTER SCHOOL PAGE 5 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER 0 • As no lots are being created and the site is found to be appropriately sized for the use, lot area, depth and width requirements are irrelevant. The plans provided show a 109-foot side yard setback on the south property line and a 400-foot setback on the north side of the site. There is approximately 116 feet between the existing building and east property line, and 325 feet to the front yard. These setbacks far exceed the specific standards for school uses and appear more than sufficient. Additional setbacks may be considered for the proposed new play area, however, there is am le room between the access road and property line to accommodate a play area at leas 30 feet from the property line, a total of 55 feet from the apartments. No additional setback beyond 30 feet is necessary. Additional screening around the play area will be discussed later in this report, under Screening and Landscaping (18.74. Limiting the building height, size or lot coverage, and/or location on the site; The site is developed with an existing assisted living facility and parking area. No additional building construction is proposed. Therefore, no additional condition is needed. Designating the size, number, location and/or design of vehicle access points; The access point is existing and meets code standards with the exception of a pedestrian walkway, which is discussed later in this report. The access drive has been functioning well and is appropriately placed. There appears to be sufficient site distance as well. No additional conditions related to vehicle access points are warranted. Requiring street right-of-way to be dedicated and street(s) to be improved; Street and utilities are pre-existing and according to the Engineering Department, no additional improvements are necessary. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; The site is already landscaped well in excess of the minimum code standards. No additional landscaping is required with this project. The applicant has indicated that they may provide a small playground area on the southern side of the site. This play area should be screened from adjacent residential homes. This screening could take the form of a sight obscuring fence, wall, or solid screening hedge and should be no less than 4 feet in height, and should be taller if climbable play structures are used in the playground. Limiting the number, size, location, height and/or lighting of signs; The subject site is allowed the following: One wall sign,.not exceeding 590 of the ross area of the wall face per conditional use. One freestanding sign, not exceeding 6 feet in height or 32 square feet per conditional use. Directional signs, not exceeding 4 square feet per sign per driveway. The applicant has indicated that only one small directional sign will be used at the entrance attached to the existing sign. No additional limitation on the number, size, location, height, or illumination of signs is needed. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has indicated that the school will be open no later than 5:00 P.M. No outdoor lighting has been proposed with this proposal. Therefore, no additional condition is needed. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; MITCH CHARTER SCHOOL PAGE 6 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • Bufferin and screening is discussed further in this report. However due to the existing level of vegetation, additional screening, above and beyond what is already required, is not necessary. Requiring and designating the size, height, location and/or materials for fences; Screening of the proposed playground area will be discussed later in this report, however, this screening may not be strictly limited to fencing. No additional requirement is needed. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; No landscaping will be removed as a result of this proposal. Therefore, no protection and/or preservation measures are needed. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and No 100-year floodplain is associated with this application. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. No 100-year floodplain is associated with this application. FINDING: The proposed conditional use does not necessitate additional limitations or requirements be imposed with the exception of screening for the proposed playground. CONDITION:The applicant shall certify that when the playground is constructed, it shall be screened from adjacent residential properties with either a sight obscuring fence, wall, or landscaped hedge. Such screening shall be a minimum of 4 feet in height, unless climbable play equipment is used (like a jungle gm), in which case the screening shall be a minimum of 6 feet tall. Furffiermore, the playground shall be situated as far from the apartments to the south as practical, a minimum setback of 30 feet is required. B. ZONING DISTRICTS Residential Zoning Districts Chapter 18.510 Lists the description of-the residential Zoning District. The site is located in the R-12: Medium-Density residential zoning district. The R-12 zoning district dimensional requirements have previously been addressed in the conditional use discussion, above. C. APPLICABLE DEVELOPMENT CODE STANDARDS Variances and Adiustments Chapter 18.370: The applicant has requested an adjustment to the bicycle parking requirements found in TDC Chapter 18.765.050(E). To reduce the required bicycle parking, this standard requires that: The Director may approve a reduction of required bicycle parking per Section 18.765.050.E by means of Type II procedure, as governed by Section 18.330.040, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking. MITCH CHARTER SCHOOL PAGE 7 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • The required number of bicycle parking is 6 spaces per classroom for elementary and junior schools. The basis of the required bicycle parking provision is centered on the concept that elementary schools serve students from kindergarten through sixth grade (i.e. ages 5-12). It is not necessarily on the basis that each classroom will generate a demand for spaces, but that in sum, the total student body will utilize an average of 6 spaces per classroom. Initially, the school will be tailored to Kindergarten through 4th grade. It is not forseeable that kindergartners, or even first, second, third or fourth graders will be the predominant users of the bike racks. Since the charter school is tailored to 5-9 year olds, it is reasonable to anticipate a lesser share of bicyycle riders. In the future, the school plans to add a new grade level until ultimately reaching 8`h Grade. At that time, there may be a slight increased need for bicycle racks, however, as described further, the nature of this charter school is that fewer children will ride their bikes to this location. The nature of the school is that it accepts students from throughout the regional area, not within a geographically specific district. Therefore, it is more likely that students will live further away than what may be a reasonable biking distance for a child. Additionally, the school is located on a neighborhood route up a steep hill from an arterial street, with high volumes of traffic, and no afternate local route to reach the school site. This combination of factors leads to the conclusion that it is reasonable to reduce the required bicycle parking. The applicant has not specified the total number of classrooms for the ultimate buildout of the school, as negotiations for the remainder of the assisted living building have not been completed. However, based on the fact that each grade presently has one classroom, it is reasonable to assume that a total of 9 classrooms would be created. This requires 54 bicycle spaces. However, the applicant has requested a reduction to spaces. Staff believes that with 5 teachers (to increase to 9), 2 administrators, and 90 K-4t grade students (which will also increase as grades are added), a minimum of 10 bicycle spaces should be provided. This should be adequate to accommodate the relative small proportion of bicycle riders. FINDING: It is reasonable to reduce the required bicycle parking, however, adequate provisions for bicycle parking is still required. CONDITION: The applicant shall provide a 10-stall bicycle parking structure that is not within parking aisles, required landscaping or pedestrian ways. A revised plan will be required showing the location and specific design of the required bike rack. Access. Egress and Circulation Chanter 18.705: Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with more than 0-99 parking spaces is a 30-foot-wide access points with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. The proposed use is considered an institutional use within a residential zone and requires a minimum of one, 30-foot-wide access, with 24 feet of pavement width. The existing access already meets this standard. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; MITCH CHARTER SCHOOL PAGE 8 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • There is no on-site pedestrian walkways that connect the building to SW Canterbury Lane. There are no practical connection opportunities to neighboring developments, however, the connection to the street is feasible. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; There is no walkway currently. The applicant will be required to prepare a plan that shows a proposed walkway that will meet the above design criteria. e uired walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. There is no walkway currently. The applicant will be required to prepare a plan that shows the proposed walkway and that will meet the above design criteria. FINDING: The applicant's plan does not show the location of the proposed walkway. CONDITION:The applicant shall submit a plan for City review and approval that shows the location and construct a walkway connection, minimum 4 feet in width that meets the design criteria of Section 18.705.030 (F). Environmental Performance Standards (18.725): Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. The proposed charter school is not expected to generate visible emissions, vibrations, or odors that would be detectable beyond the property line. Noise may be a potential issue as a result of outdoor recreation and during the morning and afternoon drop-off and pick-up times. Between the hours of 7 AM and 9 PM the use shall not generate sound levels in excess of 50 dBA when measured at the property line of the adjacent single-family homes. This standard is applicable at all times. FINDING: This standard is not met, as the applicant does not address it, however, the standard can be met if the applicant satisfies the following condition: CONDITION: The applicant shall certify that the proposed use will not generate noise in excess of the standards specified in the Tigard Municipal Code, Chapter 7.40.160. Landscapin4 and Screening - Ch ater 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.745.040.C required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). Street and driveway trees are preexisting and satisfy the intent of this standard. MITCH CHARTER SCHOOL PAGE 9 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • • Buffering and Screening:. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; The matrices do not specify any required buffer between the proposed use and the nearby single family or multiple-family homes. The parking area is required to be screened to a level "C" buffer standard. Screening but not buffering is required when uses are separated by a right-of-way. The charter school does not impact the existing parking area, and does not propose any modifications to this area. The parking area is largely hidden from view by topography, distance, and vegetation. This standard is met. Screening - Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The proposed charter school plans to utilize the existing parking and does not propose any modifications. The parking stalls conform to the dimensional requirements; however, there is a lack of parking lot trees. However, since the parking area is preexisting and not proposed to be modified, no additional improvements will be required. FINDING: Based on the analysis above, staff finds that the landscaping and screening standards are satisfied. 18.765 Off-Street Parkin and Loadinq_( Disarm-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified b the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. The proposed charter school will operate within the existing assisted living facility and proposes to utilize the existing parking. The existing parking lot has 40 parking spaces, 2 of which are handicap accessible and are marked as such. This standard is met. Access Drives: With regard to access to public streets from off-street parking: access drives from the street fto 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; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; 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; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 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. The proposed use will not change the existing access drives, which meet the above criteria. This standard is met. MITCH CHARTER SCHOOL PAGE 10 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • • Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The parking lot is presently striped, and aisles marked as required. 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. Wheel stops have been provided where appropriate. Since no additional parking spaces are being created, no additional improvements are necessary. Therefore, this standard is met. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. The parking lot is presently striped, and the spaces meet the dimensional requirements. This standard is met. Bicycle Parking Location and Access: Section 18.765.050 states bicyycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 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 located the parking area; and bicycle parking may be located inside a building on a floor 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. The applicant's site plan does not indicate the specific location for the proposed bike rack. In addition, staff has recommended that 10 bicycle spaces, versus the requested 6, be provided for the charter school. This may impact the ability for the applicant to place the bicycle parking where she may have originally intended. The applicant will therefore need to provide a revised plan indicating the specific location for the bike rack, ensurin that it is not placed within parking aisles, landscape areas or pedestrian ways, and is visible rom the street. Bicycle Parkin Design Requirements: Section 18.76050.C. The following design requirements apply to the installation of bicycle racks: 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; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 2'/z feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; 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; and areas set aside for required bicycle parking MITCH CHARTER SCHOOL PAGE 11 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER • • must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers asphalt, concrete or similar material. This surface must be designed to remain well Grained. The applicant has not provided detail of the required bicycle parking rack, therefore, staff can not determine if this standard has been met. If the applicant submits a detail of the bicycle rack, staff will be able to review it to insure that the design complies with the standards of the Code. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. The applicant has been conditioned earlier in this report to provide for 10 bicycle parking stalls. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum off-street parking for a (charter) elementary and junior high school is 2.0 spaces per classroom. The applicant states that there will be one classroom per grade. On this Pasis, ultimately, 18 parking spaces are required. With the current proposal (K through 4 grade) only 10 spaces are needed. The applicant has proposed jointly utilizing the assisted living center parking. The assisted living center has 12 single occupancy rooms and therefore requires 12 parking spaces based on the requirement of one parking space per each single occupancy room. A total of 22 spaces are currently required, and when the school expands, Te assisted living use will cease so only 18 spaces would be required at that time for the K-8 grade school. Since the site provides 40 spaces, this standard is met. FINDING: The plans do not provide adequate information as to the location of the bicycle parking to determine if this standard has been met. The applicant has also not provided a detail of the bike rack. A previous) imposed condition will address this requirement, assuring the parking standards will be met. Visual Clearance Areas - Chapter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existin.g structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction except for an occasional utility pole or tree), exceeding three feet in height, measure from the top of the curb, or where no curb exists, from the street center fine grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures inside of the vision clearance area. Existing visual clearance is unimpeded. Therefore, this criterion has been met. FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual Clearance Areas have been met. C. Street And Utilitv Improvements Standards - Chapter 18.810: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. MITCH CHARTER SCHOOL PAGE 12 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER Engineerin Staff has evaluated the project and determined the proposed use will not create a significant impact on public facilities. Traffic impact is minimal andthe structure being used is already served with public utilities. Therefore, no street and/or utility conditions are necessary. The applicant has been conditioned to provide a walkway connection between the building and the public street. This increase in impervious area generally. requires stormwater treatment. Due to the small area increase, and the large amount of pervious area on the site, and the fact that the walkway will generally not contribute significant pollutants to the storm water, a fee in lieu may be assessed for this project. D. Impact Studv: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study. No street improvements or dedication of right- of-way are proposed or required with this application. Public utilities are pre-existing: The relative difference in trip generation between the previous use and proposed use is minimal. As no off site exactions are being required, no proportionality assessment is necessary. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and has no objections to it. The City of Tigard Police Department has reviewed the proposal and has no objections to it. The City of Tigard Building Division has reviewed the proposal and notes that accessible parking with an accessible route to the building entrance will be required as well as building permits for the change of use and interior tenant improvements. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roa sd s a-Fbe within 150 feet of afl portions ofthe exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) 2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shafFbe provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) 3) ACCESS ROADS ADJACENT TO BUILDINGS: Access roadways shall not be closer than 20 feet to a structure unless topographical restrictions dictate the location. (UFC Sec. 902.2.1) 4) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec. 902.2.1 Exception 1) MITCH CHARTER SCHOOL PAGE 13 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER 5) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) 6) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.1) - (See diagram on back) 7) PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shad be white on red or black on yellow background. (UFC Sec. 901.4.5.2) 8) GRADE: Private fire apparatus. access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of f 5 percent for lengths of no more than 200 feet. Intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) 9) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi, whichever is less. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (UFC Sec. 903.3) 10) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a commercial b-0ding sffa be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire apparatus access roadway. Any hydrants that are left over from the minimum number of hydrant calculations may be full filled by. hydrants that are up to 500 feet from any point of the building. The fire Prevention Ordinance has further requirements that need to be used for acceptance and placement of fire hydrants. (UFC Sec. 903.4.2.1) 11) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: The minimum number of-tire yydrants for a 15-u-Ming shwa Tie based on the requirecf-fire flow prior to giving credit for fire protection systems divided by 1500. If the answer is equal 0 or greater than x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per building. (UFC Sec. 903.4.2.1) Considerations for olacina fire hvdrants shall be as follows: Existing hydrants in the area may be used to meet the required number of hydrants; however, hydrants that are over 500 feet away from the nearest point of the subject building shall not contribute to the required number of hydrants. Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants. Hydrants that are separated from the subject building by divided highway, freeway, or heavily traveled collector streets shall not contribute to the required number of hydrants. Hydrants that are accessible onl by a bridge shall be acceptable to contribute to the required number of hydran s only if approved by the Chief. Private hydrants or public hydrants that are on adjacent private property shall not contribute to the required number of hydrants for the subject building. MITCH CHARTER SCHOOL PAGE 14 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER r 0 Exception: The use of hydrants located on other private property may be considered if their locations and access are encumbered in a legal document (such as deed restriction) by the owners of the involved parcels of property. The encumbrance may be lifted only after approvals by the Chief on behalf of the fire department and any other governmental agencies that may require approval. When evaluating the placement of hydrants at apartment or industrial complexes the first hydrant(s) to be placed shall be at the primary access and any secondary access to the site. After these hydrants have been placed other hydrants. shall be sited to meet the above requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1) 12) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 teet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 13) REFLECTIVE HYDRANT MARKERS: Fire hydrant-locations shall be identified by the installation of retlective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 14) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 70 feet of a fire department connection (FDC). r ire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 15) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections siall not be located on the building that is being protected with the exception of Group R, Division 1 Occupancies not over 4 stories in height. (UFC Sec. 903.4.2.5) 16) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 17) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (UFC Sec. 902.4) June 6 2003 P 'RE;P~A KRE BY: Morgan T cy DATE Associate Planner June 6, 2003 APPROVED BY: Richard H. Be efsdorff DATE Planning Manager !:\curpln\morgan\workspace\cup\cup2003-00004 mitch school Rcup2003-00004 draft decision.doc MITCH CHARTER SCHOOL PAGE 15 OF 15 CUP2003-00004NAR2003-00046 6/16/03 STAFF REPORT TO THE HEARINGS OFFICER T GAARDE ST I ~ .Er OT / ~~V i 1 3. S 'ommunity Development W-L11__ o~ c f Bpi ~B -Q j ~Q ruff ®DELMONTE DR v~Y T T-fT-7-1-7 "T -r-T-- -r- - i ►i CITY of TIGARD ST GEOGRAPHIC INFORMATION SYSTEM h'QU VICINITY MAP CUP2003-00004 VAR2003-00026 MITCH CHARTER SCHOOL 4 LTERR- - CANTERBURYLN IL Q OUR MURDOCK T e 41 1 1 1 171 HILL VIEW I 1 I W Z Q I 1> IC m m 1 Tigard Area Map N k.,URDUCF-- 0 200 400 600 Feel 1"=.416 feet City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 httpWwww.ci.ligard. or.us Plot date: May 22, 2003; C:lmagic\MAGIC03.APR 0 • S 7 Q z z Q Q U1. 0 r_ c~ TOGA , (I'VIr Ot SITE N ps.+AN :c. not to scale) 4002b CUp2003-000041VAR SCHOOL NIITCH CHARTER City of Tigard Narrative Canterbury Crest 10575 SW Canterbury Lane, Tigard Conditional Usage Permit 25110AA01400 Neighborhood Meeting: March 11, 2003 5:30pm 2 neighbors came. Their main concerns where that children would be playing in the North field, which is open property connecting to the proposed building, and they would have matches causing a fire that could bum their homes down. Impact Study: See attached. Summary of MITCH Charter Schools Proposal for Conditional Usage: • To operate an elementary charter school K-4 (No Daycare) within the existing building Located at: Canterbury Crest 10575 SW Canterbury Lane, Tigard. • Tax Lot2S110AA01500 • We will share this facility with the owners; we will be using the downstairs of their building for the first couple of years. Eventually we would like to be in the upstairs, as the school grows. • We will not put up another sign out on street; Would like to put on the existing sign a directional sign temporarily pointing parents where to turn ; • We will need to remodel the downstairs from 6 bedrooms to 5 classrooms; • Sq Ft we are proposing to remodel 5,000 sq fl approximately; • We will share the existing parking lot; 40 total available • There are 20 plus parking spaces available for school use daily, the minimal requirements say 2 parking places per classroom; The owners need 12 parking spaces for their code; 8 parking spaces will be shared; (See attached for details) • Parents will drive and carpool their children to school; • Each grade will start school 15 minutes apart. Example might look like: 4`s grade at 8:00am, 3`d grade 8:15, 2°d grade 8:30, 1't grade 8:45, kindergarten 9:00am; • Kindergarten will be over at either 12:00 or 12:30pm; • Parents would pull into the driveway and the adult would escort the student into the school, sign the child in with the secretary at the front desk area. Same procedure for picking up; • Each grade has one class; • 18-20 children approximate to each class; 4 full day classes and 1 half day kindergarten • Approx. total 90 children (maybe less depending on enrollment); • Staffing 5 full time teachers, 1 Director of Programs and Family's, and 1 office manager, • Total approx. 97 people • We intend to put a playground at the location when we have the money to do so. *see plot map for intended location For now we will have a year by year lease agreement with the owners. We would like the option of continuing to grow the school at this facility until we are a Kindergarten- Eighth grade school. We don't know if the owners will allow this to happen, however they know of our desire to be permanently located there. Should we be allowed the full use of this facility and grow into the upstairs adding grade each year, we would at that point be 180 students (20 children per class), 9 teachers, 3 part time teachers and two office staff. Contact information: Debi Lorence 503-639-5757 wk, 503-936-6196 cell • Transportation / Access: Narrative Details • Most of our families have two or more children, which helps with the number of cars and A large percentage will continue to carpool (we have seen actively happen this year). The school lets each grade out at 15 minute intervals lightening the impact on the road. At most there will be 50 round trips per day. The access already existing from Canterbury Lane is to code. The access meets the minimum in width too. Sam Hunaidi from ODOT and Debi Lorence spoke in January and ODOT have no concerns. Walkwav Requirements: Side walks exist along the Canterbury lane, on the same side as the entrance into the building. There are existing sidewalks around the building. However from the street back to the building there are no existing side walks. We would like to put the side walk on the north side of the driveway, (approximately 195 feet in length to the building) as people would have to cross the parking lot and/or traffic to get to the building if we put it on the south side. See map. Buffering and Screening: The requirements for buffering already exist plentifully along all site perimeters. The required mixture of deciduous, evergreens and shrubs with the proper width and height are in all the buffered areas. Landscape: For landscaping and screening standards (18.745) and the Tree removal section (18.790) there is more than adequate amount of trees for the parking codes and landscaped parking areas already exist to code too. This site has more than 1 tree per parking space effectively screening with a mixture of shrubs and trees from parking lot view. Parking: Per the Tigard Development Code chapter 18.765, table 2, the existing residential care facility use requires 12 spaces based on the fact that there are 12 beds or single occupancy rooms. The proposed school will require 10 parking spaces, based on the proposed total of 5 classrooms, 2 spaces per classroom. The site provides 40 standard sized spaces, along with 2 handicapped spaces. As there is sufficient exisiting parking, no additional parking is necessary. Bicvele: Due to the nature of the owners building usage (hospital) there are no bicycle racks existing. We would like to ask for a reduction of bicycle parking spaces as our children are all brought in by their parents or carpooling. We have only children who are 5-9 years old. No child is allowed to check themselves in to school with out an adult companying them. Therefore we do not have children riding their bicycles to or from school. We would ask for a reduction in a rack to hold a minimum of 6 bicycles. We will locate the rack protected from automobile traffic and m a convenient location. (See attachment waiver.) Signs: We may need to put up a direction temporary sign showing where the school entrance is. This sign will be to height and distance code from the road giving a direction of where the parents are to turn. We would only need to have it up for the first month of school. We would attach this temporarily to the existing sign. Mitigation: No trees will be removed. No improvement or changes will be made to the exterior of the building. We however uwowlld like to F-u in some kind of a playground structure at a later time, should money become available. We have the area marked on the facility map showing the future (again when is up to the dollars being available) proposed playground site. Clear Vision Area: We have no problems with the clear vision code. It is between 3 and eight feet in height at the driveway now. Residential Zoning Standards: The lot meets residential Zoning standards (18.510) for size R-12 zone, the existing use is permitted in the zone and the proposed use is allowed conditionally, and no changes to the structure or lot are proposed. • Canterbury Crest 10575 SW Canterbury Lane, Tigard Conditional Usage Permit 25110AA01400 Background Impact Study The proposed 15,000 square ft building is located on the Northeast side of Canterbury lane. This building was built in 1958 as a Science Christian Prayer Hospital. It is two story with two ground floors. Upstairs has 12 beds for patients who are sick and believe that through prayer and study they will be healed. We are proposing to remodel the 6 bedroom downstairs into a 5 classroom and office site for a school. The school will operate between 7-5pm Monday through Friday. The approximate amount of children at the facility will be 100; 7 fulltime staff members. Below is a summary of anticipated impacts on the public utilities, roads and services demands from the building. Sanitarv Sewer No changes or added improvements necessary to the sewer system. The existing services will continue to be extended to the facility from City of Tigard main located SW 114'b place. It is anticipated that the existing sewer main has sufficient capacity to handle the additional demand from the building. Water Supply No changes or added improvements necessary to the water systems. Water services will be provided by the existing services from the Tigard Water District main that is located along the south shoulder of SW Tigard Street. There appears to be adequate supply and pressure (100psi) in the existing to serve domestic and fire demand Disposal Area No changes or added improvements necessary to the recycling/ disposal area. Storm Drainage The existing storm drainage will not be affected and the proposal new conditional use has no effect. Schools The project site is located within the Tigard-Tualatin School District 23j. Public school elementary students in the neighborhood attend Templeton School. There will be no added impact to the school. Power/Telenhone/Cable Television Portland General Electric and Verizon Northwest provide the electrical power and telephone services respectively. Northwest Natural Gas and TO Cablevision provide natural gas and cable television. Parks The site is located by no parks. Noise Impact The activities associated with the character of a school are perfect for this location. There are many broad buffered areas with wide and long setbacks from property lines which have created additional separation and soften of any potential noise. The building is in isolation from view of streets. The building is in a single and multiple families a neighborhood. a 0 Adjustment Type 11 Application Special Adjustment request for the conditional use permit 10575 SW Canterbury Lane, Canterbury Crest of Tigard. Applicant MI TCH Charter School. We are asking to reduce the bicycle parking to hold six bicycles. MITCH Charter School will only, be leasing at this location and currently it is a hospital. We are serving ages 5-9 years old and the schools policy is every child be signed into school and signed out of school by their legal guardian. Therefore, we will not have children riding bicycles to and from school. Our teachers do not live within reasonable bicycle range and four out of the seven full time staff have children attending the school and therefore will not be riding to school as a family. www.mitchcharter.org February 19, 2003 Attn: Property Owner RE: Multi-sensory Instruction Teaching Children Hands-on (NIITCH) Dear Interested Party: Canterbury Crest is the owner of the property located at 10575 SW Canterbury Lane, 25110 AA 01400. MITCH Charter School is proposing a conditional use permit to the lower level at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: March 11, 2003 5:30pm First Baptist Church of Tigard 11075 SW Gaarde, Tigard Please notice this will be an informal meeting on oreliminarv plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at 503-639-5757 if you have any questions. Sincerely, Debi Lorence MITCH Charter School Director AFFIDAVIT OF (MAILING/POSTING NEIGHBORHOOD MEETING NOTICE OF SIGARDI xCOPYf HE,.-., AT FTHE`SAME!;TIME ,'PROPERTY City of igarc~ Planning Division 3 125 SW Hall }'oulevard TJl6M ``O&- '973 B33.=8189 IN ADDITION -:THE-APPLICANT SHALL SUBMIT THIS ::AFFIDAVIT A- OPIES-0F ALL NOTICES AT THE `:TIME :OF .APPL{CAT{OW: MAILING: p k~_(XVCL'r 1, De t CY e- n t C= being duly sworn, depose and say that on the 1 day of 20 C-17, I caused to have mailed to each of the. person on the attached list, a notice of a meeting to discuss a proposed development at (or near) 10) l S :~h.` 11 r a copy of which notice so mailed is attached hereto and made a pl of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at T.ctt -C~ C) , with postage prepaid thereon. o ~V , J 6 Signature (In the presence of a Notary Public) POSTING: I, )e k'I ~01~- rn f-- do affirm that I am (represent) the party initiating interest in a proposed affectin the land located t (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) t R-i S S , and did on the kck . day of _J\Ab~ 20 personally post notice indicating that the site may be proposed for a G. C1 application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at k C5_) 5- S C cam---kreA U (state location you posted notice & property) y~/rJt , Signature (in the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF County of fac)) ss. Subscribed and sworn/affirmed before me on the / C t' day-of Fe i2;-tLa-r'c, , 20 63 . J OFFICIAL SEAL GREER A GASTON NOTARY PLUX-OREGON .COAk1w WON NO. 327906 MY COMMISSION EXPIRES OCT. 10, 2000 Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: TYPE OF PROPOSED DEVELOPMENT: Address or General Location of Subject Property: Subject Property Tax Map(s) and Lot #(s): r' NOTARY PUBLIC OF OREGON My Commission Expires: iC 1L~ t h:Voginlpattya=tem\afridavit of m lk glmsting neighboftod meeting.doc AGENDA March 11, 2003 Public Hearing for Conditional Usage Permit 10575 SW Canterbury Lane, Tigard Oregon 97224 Opening Statement welcoming all neighbors. Who: MITCH Charter School, a nonprofit, give background information What: a public school by a contract with the TTSD, Kindergarten-4w grade, Monday-Thursday, 8:00am-4:00pm, offers a classical education Why: MITCH Charter School looking for a facility to operate an elementary school in Where: Canterbury Crest Prayer Hospital Facility Questi ns and C cerps opened to the public. i/opic: ~ 2.~j~~~1•-z/ 4. 5. 6. 7. 8. 9. 10. NEIGHBORHOOD MEETING MINUTES: March I 1 at 5:30 pm a neighborhood meeting was held for the affected property owners with in 500feet of 10575 S.W. Canterbury Crest lane, Tigard. Two property owners came to hear about the proposed conditional usage of the Canterbury Crest Sanctuary. One persons concern was according to where she looked out her living room window. She now sees an area of nothing... She wants to continue to see nothing. She did not want her living room view to turn into a parking lot. We told her it was not our decision what the land owners decide to do we are leasing. By code we do not have to add parking spaces there is over adequate parking now. This concerned neighbor assured us she would find out what her rights were for protecting her view. The other persons concern was that our students would be playing with matches. He said that the acreage is such a fire hazard in the summer and wanted assurances that our students would not be building fires or would be checked for matches regularly, especially closer to the summer months. We assured him that our students under our supervision and rules of the school would not be a fire hazard to their property. The students would never be playing with matches in the North field. Meeting closed 6:45pm OREGON TITLE I n s u r a n c e C a m p a a y OI VISION Or -'viii Luryers ideinsurance&poration A LANDAMERICA COMPANY Oregon Title Insurance Company Attn: Suzie Tryon 10220 SW Greenburg Road #101 Portland, Oregon 97223 0 Tigard Branch 10220 SW Greenburg Road #101 Portland, Oregon 97223 (503)244-6068 FAX 244-1633 Date Prepared: May 17, 2002 3rd SUPPLEMENTAL PRELIMINARY TITLE REPORT FOR ISSUING TITLE INSURANCE ORDER NO : 219337w PARTY REFERENCE : CANTERBURY CREST/RIVERSIDE PROPERTY ADDRESS: 10575 Canterbury Lane Tigard, OR 97224 OTHER REFERENCE PRIOR REPORT DATED 03/29/02 IS SUPPLEMENTED OR AMENDED FOR THE FOLLOWING The effective date has. changed Modified Exception(s) No. 3 Note deleted: Note Lawyers Title Insurance Corporation is, therefore, prepared to issue title insurance as of the effective date and in the form and amount shown on Schedule A subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the persons to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel, amend, or supplement this report for any reason. Once again, thank you for placing the order with us. If you need assistance with this report, please contact: Suzie Tryon, Branch Manager Phone: (503)244-6068 Fax: 244-1633 PRELIMINARY TITLE RE&T DATED May 17, 2002 SCHEDULE A, Page. No. 1 0 ORDER NO. 219337w 1. The effective date of this preliminary title report is 5:00 P.M. on May 9, 2002 2. The Policy or Policies to be issued: Policy /Endorsement Description ALTA Extended Owner's for $2,122,500.00 Lender Endors.#52(100);59(116) Local Govt. Lien Search 3. Title to the land described herein is vested in: Charge $ 6,260.93 50.00 100.00 CANTERBURY CREST NURSING SERVICES, INC., an Oregon non-profit corporation, who took title as THE OREGON FOUNDATION, INC. 4. The land referred to in this report is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. 219337we EXHIBIT "A" Legal Description PARCEL I: 0 The East 14 feet of Lot 9, all of Lots 10 and 11, AMENDED PLAT OF CANTERBURY PLAT, in the City of Tigard, County of Washington and State of Oregon. TOGETHER WITH that portion of S.W. Canterbury Lane inuring thereto by reason of Vacation Ordinance Number 71-41, recorded February 25, 1972 at Book 855, Page 744, Recorder's Fee No. 11250. PARCEL II: A Parcel of land situated in Lots 7, 8 and 9, CANTERBURY PLACE, in the City of Tigard, County of Washington and State of Oregon. Beginning at a point on the North line of said Lot 9, which is South 89°54'30" West, a distance of 14 feet from the Northeast corner of said Lot 9 and the TRUE POINT OF BEGINNING OF THE TRACT herein; thence South 89°54'30" West along the North line of said Lot 9 and 8, a distance of 254.49 feet to an iron pipe; thence South 33057' West, a distance of 428.76 feet to an iron pipe on the Southwesterly line of Lot 7 in said subdivision; thence South 45°54' East, a distance of 408.00 feet to an iron pipe at the Southwest corner of said Lot 9; thence South 89°40' East to a point on the South line of said Lot 9 that is North 89°40' West 14 feet from the Southeast corner thereof; thence North 0045' East to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM any portion lying with in streets, roads or highways. TOGETHER WITH that portion of S.W. Canterbury Lane inuring thereto by reason of Vacation Ordinance Number 71-41, recorded February 25, 1972 at Book 855, page 744, Recorder's Fee No. 11250. . Lr, mcrv uN I ED May 17, 2002 ORDER NO. 219337w SCHEDULE B, Page No. 1 Except for the items properly cleared through closing, the proposed policy or policies will not insure against loss or damage which may arise by reason of the following: THE FOLLOWING AFFECT ALL PARCELS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances, not shown by the public records reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, or claims or title to water. ' We find no reservations in the Patent. 4. Any lien, or right to a lien, for unemployment taxes workman's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown-by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. NOTE: Exceptions 1 through 5 may be modified or eliminated from the policy based upon receipt and review of additional evidence of insurability, including, but not necessarily limited to, the following: (a) A survey of the subject property meeting ALTA/ACSM guidelines for commercial property surveys. In addition to the survey, the company may inspect the subject property, for which there may be a nominal charge. (b) Proof that there are no parties in possession or-claiming the right to be in possession other than the vestees herein and that there are not existing leases or tenancies. (c) Proof that there are no statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation which have not gained or hereafter may gain priority over the lien of the insured mortgage, which liens do not now appear of record. d) Proof that there are no unpaid sewer bills at the time of closing. NOTE: DELETED tConcinued) epCHEDULE B, Page No. 2 Exceptions, Continued Orde o.: 219337w THE FOLLOWING AFFECT PARCEL I 6. Taxes, including current year, not assessed because of an exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roil becomes the tax roll in the year in which said taxes were assessed, an additional tax may be levied. Exemption Non-profit corporation Levy Code 023.74 Account No. R489108 Map No. 2S110AA-01500 7. Municipal liens, if any, imposed by the City of Tigard. we find none per the public records as of December 12, 2001. The status of municipal liens must be rechecked at the time of closing. 7a. The subject property lies within the boundaries of the Clean Water Services and is subject to the levies and assessments thereof. (We find no liens of record as of December 12, 2001.) 8. Any conveyance or encumbrance by Canterbury Crest Nursing Services, Inc. must be executed pursuant to a proper resolution of the members voted on a duly called meeting of the membership in accordance with the Bylaws or other authority of the corporation. A certified copy of the resolution authorizing the conveyance and encumbrance and a copy of the minutes of at the meeting of the membership and a copy of the Bylaws or other authority for such conveyance or encumbrance must be furnished us in order to determine parties authorized to sign documents. 9. Deleted intentionally NOTE 1: We find no unsatisfied judgments, state or federal tax liens against Ri•ierside Homes, Inc., an Oregon corporation. THE FOLLOWING AFFECT PARCEL II 10. Taxes, including current year, not assessed because of an exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in -::hich said taxes were assessed, an additional tax may be levied. Exemption Non-profit corporation Levy Code 023.74 Account No. R489117 Map No. 2S110AA-01400 11. Municipal liens, if any, imposed by the City of Tigard. We find none per the public records as of March 1, 2002 (Continued) 1.0VAILIJIuCU Ordeeo.: 219337w 12. The subject property lies within the boundaries of the Clean Water Services and is subject to the levies and assessments thereof. (We find no liens of record as of March 1, 2002.) 13. The rights of the public in and to that portion of the herein described property lying within the limits of roads, streets or highways. 14. Any conveyance or encumbrance by Canterbury Crest Nursing Services, Inc. must be executed pursuant to a proper resolution of the members voted on a duly called meeting of the membership in accordance with the Bylaws or other authority of the corporation. A certified copy of the resolution authorizing the conveyance and encumbrance and a copy of the minutes of at the meeting of the membership and a copy of the Bylaws or other authority for such conveyance or encumbrance must be furnished us in order to determine parties authorized to sign documents. NOTE 2: we find no unsatisfied judgments, state or federal tax liens against Riverside Homes, Inc., an Oregon corporation. END OF REPORT Deena L. Gray, Commercial Title Officer DLG/DLG/DLG/jlm/llc/llc Gray 462? LOVER LEVEL EVACUATION PLAN © it W pje~~ S Laundry ~--r- Room X a Room Room ;a Location & TVDe of Fire Extinguishers ■ ABC - Multi Use V C02 - Gas fires Q Fire Alarm Pull Stations A * Evacuation Routes v. y LIBRARY , y a`i Oul r Ratient ' r Maint Office n Room A Companion Care Room Grounds + Exits Stairs Sliding Glass Doors ti r UPPER LEVEL EV ~CUATION PLAN 7SOLARIUM -77- : - . °i yNurse 1 I ~ ~ Beth ACTIVITY Ffd(~ - log ° j +ui:drv y " 1 <<; . l C( I t I c 41 &~f fx'•i JU, ROOM O to I • • Dining 1 Admin a Freezer C Manager Room office Cooler C Y Ef t~ 0-- Book I1 ~ R ~cretary ,Deeper 1♦ fl LL`` L.~ ~ Jrnds Kitchen Guest Dry Storage a Kitchen Diningroom _ r -Front )fftce [J Elevator] tom- ~C1 Lam- Nurse :N:.Kitchen ation St s ~l supt. I~ - _.1 ce Location & Tvne of Fire ExtinQUishers O Confer ® ABC - Multi Use Room 1. BC - Grease & Electrical computer O Halon - Computer Equipment 10 Room O Fire Alarm Pull Stations Evacuation Routes + Exits E~ Stairs Sliding Glass Doors u p s",Y* 1 d6Wyvs-E- 5 er~ . FYI C)Tll ET-1 Q t1 Q V I LLI I- ~I 4 WMOUAT ~ a99BQ : jT - I L.L ILL I 1 UREL GLEN CT J 3 X Development DF rnsrom ST am~rm ■nurm / I 1 1 1 . vr~r.rr CITY of TIGARD GEOG RAPNIC IN FORYNT ION SYSTEM - AREA NOTIFIED (300') VIEW ST' I ~N 2 10~ fT, IyamwALD _ FOR: Debi Lorence RE: 2S 110AA. 1400 _ I ..r.., Property owner information is valid for 3 months from the date printed on this map. e~...a. ~ - - ~ E R13_ - CANTERBURY LN I MURDOCK ST DELMONTE DR _ O-LLL~F rj n~JRf3~Ci.~- I i A N 0 100 200 300 400 Feel 1'= 332 feet City of Tigard I Information on this map is for general location only and a Should be verified with M. Development Selvlces Division. 13125 SW Halt Blvd Tigard, OR 97223 (503) 6304171 http 1Mnvw.ci.tigard. or.us Plot date: Feb 18, 2003; C:lmagic\MAGIC03.APR 0 0 ".;tom } ,r t' ~ y'• Is J ¢ z _ - ~ ~ r t t ~ tY x.~• -r,,-, 4. v M ? ~ f ~ ~R w r > p a ~n 4 ~ . v , ~~~~~~s~i t x. p, ~~el ^14cr - ~a ~'t rei ~qi• a 1,'~ I ~ h i{ L~ ~ r Il ,.~:•.T.rx 7 ,;,E is -fit ~ ~ a '.r• !.h irW + x,., }x .'WN now t x t Ae, 10 i try a ,4 N' ~'F°X s, E.5 - ^r! r sy, j1k w Ot'A-" ~ x~ a ~ ? - , s ' ~-.n~ e ~'2 r ~ r~~~~ F F,,. ~ pp" ti r' r,3.¢ r' ,F~~ ryi. (lr f 'S o,,; r.}. :8 { i4 rswyYw4k~'r-,~ ti' .,`r ^.t r.' 0 Po ®rit r~f'"'ri sE t'-t a,;'". °iF'.-~y~•. ..rn d rC~, = `jam Jti 4 ' s ee92'54* w 209.41' 255.4f IN THE NE 1/4 SEC. 10, T.2S., RIW., W.M. CITY OF TIGARD WASHINGTON COUNTY. OREGON AUGUST 14, 2001 MAP 2S 1 10AA I'V M1 TRACT 2 2 lommm. 7.Mo Ac. cvsrwc PROPER ry UNE \ § TAX LOT 1400 r' ~41 I N 0070'50' C I \ i TRACT I 4.to aMOO I i >o l o c ~'I- ~w r N PROPOSED AD.N52D PROP£/Irv lure 15 a eQ' ~1sr / VIE BOIRDARES AS SHORN ON MS YAP ARE APPROMMATr ONLY. 7105 MAP DOES NOT REPRESENT A SURVEY 7O BE RECORDED. BUY hAs DOHC FOR Sr rr/TOPO NFORMARON ONLY. 1 9, 8 „ I AV6 ? ? 2nD1 f CITY OF T1C;ARo 13 v f-r-" Sc-,Lkks Ae 3: 1ka',nF~ L~~ut 4atc P oFUMoaAL SLJR 414.00' ORE m. ,N7 HAR SALO Y. RECEIVFO pi.ANNING MS SURVEY IS MADE FOR /hE ORMINAL PURCHASER OF ME SURVEY ONL \ pp Nor PANS 1 ASSOCYAWS INO ASSVMES NO LIABR/TY fOR INFORMA RON N 09'42'40' w 507,2p S evx'x' w 590.95' ` TAX LOT 1500 1r(~~ 4713S r~ _ ADA/571D PPlMyR 1Y I/NY 'f11` ~ t ! i.. `'t `(L • h ~ , y I " 2e.' L SHOW HEREON 70 ANY 01)HER /NS RTUAONS OR SVBSCWENY PURCHASERS GRAPHIC SCALE U. 2UU2 Hr DIE PROPERTY. SURVEYED BY. y~ l SURVEY 15 VALID 044 If PRNT HAS SEAL AND SONATURE Of SURVEYOR. r r w y ANDY OOONES PARS FAND E ROA OCIATM NO. 15962 MS SURVEY DOGS NOT CONSRR/TC A ATLE SEARCH BY SURVEYOR. TN ERE MAY EL7ST EASEMENTS E'LLVDIRoNi OR RESTNCRoNS MAT co" 1 IN FUT 1 LAKE OSWEGO hREfnHH n~n.c AFFECT ME OitE OF MS PROPERM NO A77EMPT NHS BEEN M40E IN 'I Yj 4 te~~ t t~ G r' w w~ r--,AN ERB.U ' J F 8 Z57 y 27 1J• ffjJf :4., 2414 1www.co.washington.or.us/surveynet County Surveyor's Office Washington County 155 N. First Ave., Suite 350-15, Hillsboro, OR 97124-3072 www.co.washington.or.us (503) 648-8723 Printed On: 11/21/02, 9:00:19 AM Scale 1":184' This map was derived from several databases. The County cannot accept reponsibility for any errors, omissions, or positional accuracy and therefore there are no warranties for this product. However, notification of errors would be appreciated. Washington County, Oregon fJ ~ h4: //www. co. washington. or. us/scriptslesrimap. dll?name=SIRS&cmd=PrintMap&left=761... 11/21/02 9 i 2s 1 IOAA NE 1 4 NE V4 SECTION 10 TZS R 1 W W- w&sm .,mu COUNTY ORE60N SCALE I*` 100 , SEE NAp 15 1 Sbb / ~ 2 41. 4 R DE j A G4,N O-D&;;LD SNt1 ,4M REET t u J GA ET ~ o w °°°q!) g S.W. ~a ,'1f I •-•Ge- we~+~ gp0 1 ~ bo ~ aos. .I g.lt i W . ~ .G. SWO saa~ two MAC I Y L 000 j ~ °LO~ Q aw 1 d ~K 900 to h 4 ~ 2000+ ~ _!p~ /MCP u4u -`C A ^C- v3j' r 31004 t sed 7 A f i 1000 ~ tQC ` moo UI IG 3 ` !J rc a } h' ff 4` ItOO J SEE WA g5 1 " 3.74 e 1 ON sol aMu 1 t W . 'WO I Myd C . NOO 1 I IAJC T _ R BIU Ft's I ' s I I • FOR ASgESSNENT I GO I pugpOSSES ONLY 00 NOT RELY ON FOR lN. OTNER OSE I I to t b 9 I 7 ! I ( I 1 I P L A ic_ 1r; Y j ~I I i II I I SEE NM TIGARD 2S 1 logo 2S 1 IOAA , id~ 1 t ro / 00 licj %i 4 af~ r ti p~PARKINR / Q / 1 ce _ 11 ~ / ~ 9ARKIN4 J G~ ~ !d Q 1 _ O Q O 0 ~Q p pARIC1NC j wo p *Al i II I 1 Fh y 7• 1 RP +f vt*'"o t t+y~,. • ,s Z k 4 3 V a +jti 5, Z♦+C-dyf ';if +.~.a. a a~z~,.e.fi'~5• :'s` i t ~'y 'h' 3a,/i'': y j r ' 'AGi 7.7 _ i. ~ ` s r,,~....m n~ ` gig,, ..t 4 ~ s ; si. t.`~l~ ~~'~Z`YS• N t~ ..•i ~ *M~~~,,+~~TI yt+~.s. 7 'roa ••i .r 3-w tit '1 x . ~~i L ,sf s., ~ z .~,•a+f rt r z ~ + r ,r."'tY ~ ,il 51 ~1: Sly- ^»s ~~K~ r{~~+'~ ei. ~~w'i~t -i .-.t:' »h •+A~ ~i{ s. tjgq~ t+ x - i x~,' \ Y ~ tt +rs _ ~ _ m kk s t ` H• T. J K - Kam'-+.. Yt F Fa• it a~far*~ *M~~~` - ~ ~ 'k * y+ ~y r ^ w y pay ~~t. F ~ti'\~fi ~a • "~y (f4 LN' ~ ~ f Y c- 4LI" 1W.W'"4'" "S'N'a'~+."»~„ i•,:5~ r~ 1 k 1x , fit..: 5i ~ t '~a:• r4 ~'Ly;t T-m. ~L ray ar,-.•~~»•i ~ ~i~, f . nr t 4 4 " i i 1 i(y ytt t<t r '#r 2Y' :.r z ? ors w d fs st. r~x 3i i ~7 ata a-^r+, j i w 4s'_ 7 r,.. a • r zfJ • _.4rj...._ _,3C.. a,'~cYyy'it',fa+., ~w. r-~ - . 6s 3 74-.-Q~ J a,, 2ja~'°vrF ' 4, 401 f 1100 . B2 Ac. 1.04Ac. / o q J 2 `Iso. 1 39112' rn 269.49 ~r,~ 1200 ,?3'J 1300 342.40' 1400 i 449s s~9o7 s w .37AC. .52 AC. 5 43ACI COP O P te" r`~'\6 1\1 r ti~ r R ' U R `j ~ ~ Bee 'JJ 1401 ~ 8 0( ;1600 t3A . , 60 AC. MI A sL J 40-1 F F \ 199.8 1500 6.37 AC. f 1g f 1 A ~C r i I 1 _ 207.80' Id~ 201 VA CATED ROAD 866 - A ` n~'•roisf ,.,C`~ ' S.W.n Mc 2800 DONALD STREET .q ~rh / tti f,vC /\1r n y( Rp ;N, ~.J,AC.4g I I o` ',r 100 600 I 500 ~ 290 r .45 AG O dDAC Q I ArAG t IZ jL' Ltl AC : 2100 p J a Mfr r I w t L c cx"Kc 9J AC. ♦ 1 u Z r~ .600 aM." Boo 4 1 r~ 2 f°tffoo.e« 2000 S'r •a + sr 6y , " .11 A4 rf' 1 0f °t R O :3100 L l.6sAe. 4'bf•~ .1 r4,~(4, 14900 r' ~aan'M t~3 I _V AC (z L1 l,~ F~ 300 zoe ac r". 3200 LL Lij ; 32201 4 1000 'a. f° - a` Lb2IG + ~.1r 200 /.63 AC \ \ ` ~q.t mo=w \ r rt :t 23-74- 401 0 fM! 'rf SEE MA 2S f III s2Ac. (.0(AC. of. IL" 111\11 ~ j ~ - 1 "IF I :.tom uzm' /\V 1 r 1200 1300'aa'~ hW0 I f w ri r 1500 QP Q~ $ .J1A4 _W AC 165A I 6JT AC % 140 1600 MI : .60 AC \ . 2 \ PARCELIII I PARCEL II 'n FOR ASSES / YL w I I I PURPOSSES 'Y DO NOT REI 1100 \ 9 = IQ (I FOR ANY 0' d6/ AC \ 10 c 7 i I ti~ I I U, I I I \ ~'QA, aatw' * 1 eM A790 O.0 M N ! JT~ .P SEE MAP 2S I 10AD T I G A F 2S I 10A. THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES, AND THE COMPANY ASSUMES NO LIABILITY FOR VARIATIONS, IF ANY, IN DIMENSIONS, AREAS, AND LOCATIONS ASCERTAINED BY ACTUAL SURVEY. Huntco Supply LLC 3 0 ht+r,•hi intrn onmh-firktart htrrmI Huntco Supply, LLC President, Casey Rice Distribution Manager, James Bastron Sales Manager, Kevin Kriesien P.O. Box 10385 Portland, OR 97296-0385 800.547.5909 503.224.8700 Fax: 503.274.2055 E-mail:ate~r:rt`=~ RETURN TO HOME PAGE Page 1 of 1