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MMD2010-00023AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first duly sworn /affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: ©i k .Nppmpriaw Bnx(,) Bela ❑x NOTICE OF DECISION FOR: MMD2010- 00023 /SMETCO CHANGE OF USE (Fde No. /Name Reference) IJ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on October 18, 2010, and deposited in the United States Mail on October 18, 2010 postage prepaid. that STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the OFFICIAL SEAL SHIRLEY L TREAT N OTAR Y PUBLIC - OR MY COMMISSION ( EXPIRES APRIL 2S 2011 of da y , 2010. AVAU ok & NOTARY PUBLIC OF ORE GO� j My Commission Expires: `tlO�s' / EXHIBIT. NOTICE OF TYPE I DECISION L 1 0 WK MINOR MODIFICATION (MMD) 2010 -00023 SMETCO CHANGE OF USE 120 DAYS = 2 -15 -2011 SECTION I. APPLICATION SUMMARY FILE NAME: Smetco Change of Use CASE NO.: Minor Modification (MMD) MMD2010 -00023 PROPOSAL: The applicant, Stems Family Holdings, LLC, proposes to change the use of a 14,260 square foot light manufacturing building to 6,460 square feet of warehouse with 1,280 square feet of office, 4,920 square feet of indoor entertainment, and 2,800 square feet of personal services. No other changes are proposed. APPLICANT: Stems Family Holdings, LLC OWNER: Stems Family Holdings, LLC Robert Smets PO Box 560 PO Box 560 Aurora, OR 97002 Aurora, OR 97002 LOCATION: 6830 SW Bonita Road; WCTM 2S112AD, Tax Lots 00200 and 00300. ZONING DESIGNATION: I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I -P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. NLMD2010 -00023 Smetco Change of Use Decision 101810 Page 1 of 4 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at 6830 SW Bonita Road, WCTM 2S112AD, Tax Lots 00300 and 00200. The property consists of the former Smetco Manufacturing building and its associated parking lot. During the last many years occupancies have changed without review. The current occupants and their businesses have had no complaints about space, access, or parking. The increase in traffic generation is documented in section IV of this decision. Existing parking spaces are in excess of the minimum required. Proposal Description: The applicant, Stems Family Holdings, LLC, proposes to change the use of a 14,260 square foot light manufacturing building to 6,460 square feet of warehouse with 1,280 square feet of office, 4,920 square feet of indoor entertainment, and 2,800 square feet of personal services. No other changes are proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on -site parking in accordance with Chapter 18.765. No additional on -site parking is required as the existing parking spaces provided exceed the minim required for the current uses. Therefore, this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes to the structure. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. 1N1D2010 -00023 Smetco Change of Use Decision 101810 Page 2 of 4 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off -site traffic would be affected. Therefore, this criterion does not apply. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The original use, manufacturing, had fifty employees. Using the ITE Weighted Average Trip Rate, the vehicle trips per day calculates to be 150 (Weighted average is 2.5 trips per employee) (50 X 2.5 = 125, then add 20% for truck traffic 125 Z 1.20 = 150 VTE) for the original base use. The ITE Manual lists Warehousing (150) as 3.56 VTE /1,000 square feet, or 19.1 VTE per day. It also lists General Office (710) as 11.01 VTE /1,000 square feet, or 13.2 VTE per day. The Manual does not, however, list indoor entertainment on a small scale such as this 4,920 square foot space, not does it list small personal services. Using the Weighted Average Trip Rate as for the manufacturing use, the resulting total Vehicle Trip Ends (VTE) is 248.8, and increase of 98.9 VTE. This is just under the maximum additional trips allowed in this criterion of 100 (Indoor Entertainment: 5 employees X 2.5 and 90 clients per day Z 2 = 192.5 PLUS Personal Services: 1 employee X 4 and 10 clients per day X 2 = 24 for a total of 216.5 VTE. Adding the warehouse and office (216.5 +32.3= 248.8) is less than 100 added VTE /day. Therefore, this criterion is satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There will be no increase in floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and /or c. Landscaping provisions. The proposal does not reduce the project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. 11AiD2010 -00023 Smetco Change of Use Decision 101810 Page 3 of 4 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON OCTOBER 18, 2010 AND BECOMES EFFECTIVE ON OCTOBER 19, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. APPROVED BY: Darrel/ "Hap" Watkins Assistant Planner 503 - 718 -2440 hap(a or. October 18, 2010 DATE NE\ID2010 -00023 Smetco Change of Use Decision 101810 Page 4 of 4 VICINITY MAP MMD2010 -00002 SMETCO CHANGE OF USE Subject Site O Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:4,000 - 1 In = 333 It Map printed at 12:13 I'M on 16- Oct -10 DATA IS DERIVED FROM MULTIPLE SOURCES. THE CRY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGA.RD SHALL ASSUME NO LIAOII R FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE NFORMATION PROVIDED REGARDLESS OF HOW CAUSED. City of IIgard TIGAR MAP 1T gar 6 972234 503 www.tigardor.gov ' 501 2.47 AC 501 -M1 528' 500 2.57 AC 500 -M 1 I NeB -67F M e Co -u -n > a 10 °a z�w a Vi H _ p :E <: a n -o �� F O ' iD 0 y ° -� a� �w ° o. 401 .81 AC 401-Ml N N � M `b 92' `J 110( 1 1100 - 100 -P 2,92) 1013/923 153.89 MENT b � 160' 20, �� -- - - -- —� - 108.2 38.2 d vj -� - o rn A - a 1 X1200 ' X 100 -M1 I 9 301 N e. - ---- -- N .83 AC M: m .49 AC ';- -- p 4 i - `- ll� a� - vvv ` AC ~J cF 100.00 e- RECEIVED RECEIVED OCT 1 3 2010 CITY OF TIGARD PLAN NINSENGINEERING Stems Family Holdings LLC By Smets, John E. PO Box 560 Aurora, OR 97002 Stems Family Holdings, LLC Robert Smets MMD2010 -00002 SMETCO CHANGE OF USE EXHIBIT PO Box 560 Aurora, OR 97002 2S112AD00200 STEMS FAMILY HOLDINGS LLC BY SMETS, JOHN E PO BOX 560 AURORA, OR 97002 2S112AD00300 STEMS FAMILY HOLDINGS LLC BY SMETS, JOHN E PO BOX 560 AURORA, OR 97002 RECEIVED City of Tigard OCT 1 3 2010 Minor Modification — Type I AppU A , 'ERING GENERAL INFORMATION Property Address /Loc tion(s): (J v � C S l� 1 7 e-, (237 nmAti X72 Tax Map & Tax Lot #(s): 2 S� i i Z A 360 6 ZO Site Size: Applicant *: 52�e' S d h �id �'�tf' Address: K City/State: Zip: 7C1I�2 Primary Contact: 12o S.y7 Phone: 5 - 0 3- 7e) Z - 7 /3 Fax: !;_0 3 6 7 k 70 9 5 E -Mail: /j o� S C4 S w 411 �'C0 1 C o— Property Owner /Deed Holder(s) *: (Attach list if more than one) Address: 5,, A 5 G Phone: 5 - 05' 2 0 2 2'1 City/State : A to t­0 vo, (1Z Zip: q 7G�J2 * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) - Conditional Use. If the modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. io Applicant's Statement: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a discussion indicating how the site expansion/ change will continue to comply with the maximum setback, building height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste storage, non - conforming situations, signs, and tree removal may also be applicable depending on the type and location of the proposed modifications. REQUIRED SUBMITTAL ELEMENTS (Applications will not be accepted without the following required submittal elements) (� Application Form Owner's Signature /Written Authorization Title Transfer Instrument or Deed Site Plan (4 Large Plans & One -Reduced to 8 /2" x 11" ,R Applicant's Statement /Narrative (4 copies) zW Filing Fee $599.00 FOR STAFF USE ONLY Case No.(s): H AM Z.y to -* Vo G.3 Other Case No.(s): Receipt No.: y L Date: # AL. Z a Application Accepted By: Date Determined Complete: Revised: 7/1/10 i:\cur21n\masters\1and use a lications \minor modification iep.docx City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 1 www.tigard- or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANTS) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject P rope m. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 12- �4, day of Ocd�o 4 , 20 l O � — Owner's Signature 1A Owner's ature Owner's Signature Owner's Signature Owner's Signature t_ 't.• 't Owner's Signature City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 639 -4171 www.tigard - or.gov I Page 2 of 2 CITY OF TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 RECEIPT Receipt Number: 179867 - 10/13/2010 CASE NO. FEE DESCRIPTION MMD2010 -00023 Minor Modification to an Approved Plan MMD2010 -00023 Minor Modification to an Approved Plan - LRP REVENUE ACCOUNT NUMBER PAID 1003100 -43116 $522.00 1003100 -43117 $77.00 Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1083 KPEERMAN 10113/2010 $599.00 Payor: STEMS FAMILY HOLDINGS T Payments: $599.00 Balance Due: $0.00 Page 1 of 1 AFTER RECORDING RETURN TO: AND SEND TAE STATEN = TO: John E. Smets Stems Family Holdings, LLC P.O. Box 560 Aurora, Oregon 97002 STATUTORY BARGAIN AND SALE DEED (Correction Deed) John E. Smets and Marietta D. Smets, Co- Trustees of THE SMETS FAMILY UTD 9/27/91, as amended, Grantor, hereby grant, bargain, sell, and convey to STEMS TRUST I, FAMILY HOLDINGS, LLC, an Oregon limited liability company, Grantee, and unto Grantees successors and assigns, all of the Grantor's right, title and interest in and to that certain real property with the improvements, tenements, hereditaments and appurtenances thereunto belonging appertaining, situated in the County of Washington, State of Oregon, described as follows ( "Property"): See Exhibit "A" attached hereto and incorporated herein. The Property is conveyed "AS IS," subject to all restrictions and encumbrances of record. The true and actual consideration for this transfer is $ -0 -; however, the actual consideration consists of or includes other property or value given or promised which constitutes the whole consideration. This deed corrects, supersedes and replaces the following document duly recorded in the Deed Records of Washington County, Oregon so as to correct the legal description: Statutory Bargain and Sale Deed, dated June 22, 2008 recorded August 1, 2008 as Fee No. 2008 - 067553. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER CHAPTER I, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004))• THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSONAL ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)). Dated: January 19 , 2010. METS F Y UST I , By: - I J ti -- John ts, Co- Trustee STATE OF OREGON) County of Marion ) ss. By: Gr " - /d Marietta D. Smets, Co-Trustee The foregoing instrument was acknowledged before me this 19 day of January 2010 by John E. Smets and Marietta D. Smets, individually and as co- trustees of the Smets Family Trust I, UTD 9/ 27/91, as amended. OFFICIAL SEAL Lc✓i, -, .._ MAUNDA A GUMP No Public for Oregon NOTARY PUBLIC - OREGON My Commission Expires: 2/6112 COMMISSION N0.425106 p MY COMMISSION EXPIRES FEBRUARY 6, 2012 Adjusted Tax Lot 2S 112AD 300 & 200 Sohn E. Smets, Trustee October 6, 1995 Project No.; 982 -01 =95 EXHIBIT A PROPERTY DF-SC1=ON A tract of land situated in the northeast one quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washingtoa County, Oregon, also being a portion of Lot 4 of Bonita Gardens, recorded in plat book 5, page 11, records of Washington County, being sore particularly described as follows Beginning at the soutbrwest corner of that tract of land wanted to.3ohn E. Smuts, Trustee of the Smets family trust in that document recorded as document 91- 61224 7rashingtoa County deed records; thence, along the south Bar of said Lot 4 of said Bonita Gardens, South 89°20'42" West, 153.50 fee thence, leaving said south line, North 0°29'12° West, 74.60 feet; thence, North 89 °20'42" East, 35.00 feet; thence, North 0°29' 12" West, 8.67 feet; thence, North 89°20'42" East, 11.80 feet; thence, North 0 0 29' 12" West, 24212 feet to the south line of that tract pf land described in the deed recorded in book I013, page 923, Washington County deed words th -ace, along the south be of said book I013, page 923, North 79 °43'03" Fast, 10817 feet to the west .line of that tract of land described in the deed recorded as document number 91- 6[228, Washington County deed records; thence, along the west line of said 91- 61228, North 0 West, 5.49 feet; y thence, North 89 °20'42" East, 20.00 feet; thence, South 0 °7.9' I2" East, 349.00 feet; v ? tseaee, South 89°20'42" West, 20.00 feet to the Point of Beginning of this description. Containing 46,257 square feet. uxr�N EXHIBIT A � ry z " , I'D 6at,- � „ S� l 1 q 1. Security may consist of a faithful performance bond payable to the City, cash, certified check or such other assurance of completion approved by the City Attorney; and 2. If the installation of the landscaping is not completed within the six -month period, the security may be used by the City to complete the installation. D. Business tax filing. The applicant shall ensure that all occupants of the completed project, whether permanent or temporary, shall apply for and receive a City of Tigard business tax prior to initiating business. 18.360.050 Major Modification(s) to Approved Plans or Existing Development A. Determination request. An applicant may request approval of a modification to an approved plan or existing development by: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Subsection B below. B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increas��e,,//in dwelling unit density, or lot coverage for residential development; 2. A change tl ratio or number of different types of dwelling units; � l 3. A change t� quires additional on -site parking in accordance with Chapter 18.765; 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; N A 5. An increase }n t e height of the building(s) by more than 20 %; 6. A change in the type and location of accessways and parking areas where off -site traffic would be affected; 7. An increase in vehicular traffic to and from the site and e increase can be expected to exceed 100 vehicles per day; S�t� Q,� G t\x— 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; X `/� 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; �� A 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: Y Site Development Review 18.360 -4 Code Update: 10/09 Building use as manufacturing would generate 150 VTE(50 employees X 2.5 trips per day =125 VTE + 20% for trucks= 150 VTE) Martial Arts ( personal services ) 1 employee and 10 clients /day 4 +20 =24 VTE Inflatable Kingdom (indoor entertainment) 5 employees and 90 clients /day 12.5 +180 =192.5 VTE Warehouse/ Office 19.1 VTE / 13.2 VTE= 32.3 24 + 192.5 + 32.3 = 248.8 VTE for an increase of 98.8 VTE z 3 Z13 J v 2, I ,, Propose to change 14260 sf manufacturing warehouse located at 6830 sw bonita rd Tigard OR 97223 into three sections 1 Warehouse / office 5180 sf / 1280 sf 2 Indoor Entertainment 4920 sf 3 Personal services ( Martial Arts) 2800 sf SN80)OW - W W W W W W W W W W W W W W W W W W �J W W W W W W W W I-———————————————--———------——————————-——-————————————— — — — — —— 8181818181818181818181810 33I3II 11 IS OGZI i 'I] as WI I I 1 1 8 1 1 li as 0260 1 d ■ ■ ■ n0 —19 ti as 00% I I 1 I 1 I i I I I I I 1 I 1006 N I 0061 I V I I I D�S 1 0 .061 A A51 81 81 8 8g:5tb :tq OLOZ `9L Isn5ny `Aepuow