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MMD2010-00024 k /, '''IL ckit'f, Wai City of Tigard June 16, 2011 Northwest Refinishing Attn: Barry Sheasgreen 8905 SW Greenspark Ln. Tigard, OR 97224 Re: Permit No. MMD2010 -00024 Dear Mr. Sheasgreen: The City of Tigard has canceled the above referenced permit(s) and enclose a refund for the following: Site Address: 8970 SW Burnham St. Project Name: NW Refinishing Job No.: N/A Refund: ® Check #202522 in the amount of $599.00. n Credit card "return" receipt in the amount of $ . n Trust account "deposit" receipt in the amount of $ Notes: On 6/7/2011, applicant verbally clarified intended use for site will be "auto repair" and condition of original land use will be met. Therefore, no minor odification of the conditional use is required. Refund 100% of application fees per Gary Pagenstecher. If you have any questions please contact me at 503.718.2430. Sincerely, ../{! Dianna Howse Building Division Services Supervisor Enc. 1_: \Building\ Refunds 41 tSANIC Hafug IVdi.c 'Trigthnd l 0g 97223 0 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard - or.gov City of Tigard Accela ?'" efund Request TIGARD.'s. This form is used for refund requests of land use, development engineering and building application fees. Receipts, documentation and the Request for Permit Action form (if applicable) must be attached to this request. Refund requests are due to Accela System Administrator by Wednesday at 5:00 PM for processing by the following Wednesday. Accounts Payable will route refund checks to Accela System Administrator for distribution. Please allow up to 2 weeks for processing. PAYABLE TO: Northwest Refinishing DATE: 6/10/2011 Attn: Barry Sheasgreen 8905 SW Greenspark Ln REQUESTED BY:. Dianna Howse • Tigard, OR 97224 Gary Pagenstecher TRANSACTION INFORMATION: Receipt #: 180874 Case #: MMD2010 -00024 Date: 12/29/2010 Address /Parcel: 8970 SW Burnham St Pay Method: Check Project Name: NW Refinishing EXPLANATION: On 6/7/2011 applicant verbally clarified intended use for site will be "auto repair" and condition of original land use will be met. Therefore, no minor modification of the conditional use is required. Refund 100% per Gary Pagenstecher. REFUND INFORMATION r:„ 7 ' 'Fee; Description From Receipt` Revenue No e n , Rfud Example, ,Build i g Permit Feet/ x Example , 43104 / $ Amount Minor Modification application fee 1003100 -43116 $522.00 Long Range Planning Surcharge 1003100 -43117 77.00 TOTAL REFUND: $599.00 APPROVALS: If under $5,000 Professional Staff ciT If under $12,500 Division Manager If under $25,500 Department Manager If under $50,000 City Manager If over $50,000 Local Contract Review Board Case Refund Processe D �� ADM:INISTRATION IJSE.ONLY z.�; :; /jii By: 1:A Building \Refunds \RefundRequcst.doc x 09/01 /2010 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Re U€ /.J L Receipt Number: 182932 - 06/21/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MM D2010 00024 /9 io i r �` /e .5rGt:° -- i/ �' _Sc.? �?. t" —A /'/` ,''t .:pis 0 ..,. z/., i/ `� 7�• t1 C� $ 599.00 Total: $- 599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 202522 DHOWSE 06/21/2011 $- 599.00 Payor: Northwest Refinishing Total Payments: $- 599.00 Balance Due: $599.00 • Page 1 of 1 CITY OF TIGARD -" ECEOPT a 13125 SW Hall Blvd., Tigard OR 97223 - 503.639.4171 'TIGARD Receipt Number: 180874 m 12/29/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010 -00024 Minor Modification to an Approved Plan 1003100 -43116 $522.00 MMD2010 -00024 Minor Modification to an Approved Plan - 1003100 -43117 $77.00 LRP • Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5807 STREAT 12/29/2010 $599.00 Payor. Northwest Refinishing Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 ii iiii P. " Community Development TIGARD Request for Permit Action TO: CITY OF TIGARD Building Division Services Coordinator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www.tigard-or.gov FROM: ❑ Owner ❑ Applicant 111 Contractor N City Staff �, C E (check one) � L..." i d M t � I ^ / REFUND OR Name: C � / 1: � � V INVOICE TO: (Business or Individual) /3.�,PR < /1L°4Klf reek � i 0 1 P 0 Pr` Mailing Address: ; 7t SGd �,,ee„ v / „„ < L,, f ?/ �/ 1 City /State /Zip: T77 Air,) p /Z 1 772 24/ k I' dirt) �I Phone No.: 503 • 3 - / / - 75-2. 7 p 0 �$ � ' PLEASE TAKE ACTION FOR THE ITEMS CHECKED ✓ : 1 l ttlf t1 Cg CANCEL PERMIT APPLICATION. r '►" EX REFUND PERMIT FEES (attach receipt, if available). / 116 / ❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below . ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Q I , Permit #: /111 /1) - nb02. /2i /ft Site Address or Parcel #: 8970 $t A $v,?Nfr'i'1*f 2 S /0,Z / g b a 2 MC Project Name: 1t/Y,O t eEP/ (1 /M tX Subdivision Name: ,.e4 Lot #: EXPLANATION: 6 '7 - 1 1 A r p 1 t- ?` UBtid c //tuALA t!.ff -� e slC�- it • tI kI� ic}v7b EE-P � sj,.kD envoi 7 � 11 t.m I n"r0 use- uy Le mP. ,1• Tt wat i caa _ 6 - /t, D /1'7 /ate72 /he / ' -,- (wtd lilt ax K•�r.'.S� wi�4 le ci k 8a . r / 11 Signature: G �`s✓� " Date: 6 - 7 `� Print Name: Gmz 16 Refund Policy 1. The Director or Building Official may authorize the refund of: I� 1 ( a) any fee which was erroneously paid or collected. a /�/f b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended. c) not more than 80% of the land use application fee for issued permits. d) not more than 80% of the building plan review fee when an application is canceled before any plan review effort has been expended. e) not more than 80% of the building permit fee for issued permits prior to any inspection requests. 2. Refunds will be returned to the original Payer in the same method in which payment was received. Please allow 1 -2 weeks for processing refunds. FOR OFFICE USE ONLY Rte to Sys Admin: Date By Rte to MiltrAdmin: Date 4 /Z /j B . j% Refund Processed: Date 4, 4 // B 1 Invoice Processed: Date B Permit Canceled: Date - 24 / By • s ' - Parcel Tag Added: Date By Receipt # /Fr J 7 y Date / .Z9/ p Method e.et_ Amount $ 5'99. c I: \ Building \ Forms \RegPermitAction.doc Rev 07 /26/07 I I Community Development ?TIGARI Request for Permit Action TO: CITY OF TIGARD Building Division Services Coordinator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www.tigard- or.gov FROM: ❑ Owner ❑ Applicant ❑ Contractor IV City Staff (check one) REFUND OR Name: INVOICE TO: (Business or Individual) /3■5 - ea7 <h644 y ra� Mailing Address: 8'7V.5" Std � / t/G4eii9/).:8■ 4( h City /State /Zip: 777 Alc.-A i '' 1 772 2.y Phone No.: 50_3 • . 5 . - L / / - 7 5 - 2 7 PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): 0 CANCEL PERMIT APPLICATION. 0 REFUND PERMIT FEES (attach receipt, if available). / Peg H INVOICE FOR FEES DUE (attach case fee schedule and explain below). (l REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Permit #: »7/J/) - O d C Z11 Site Address or Parcel #: 6'970 Ste` II URN /1' 2 s / 0 Z / 4 b 02 70 • Project Name: ,VW XEf 6 /AID" Subdivision Name: i v y# / Lot #: EXPLANATION: 4 7' tl II A rp l K 3 ' tom• e //ti /si dle 4t .5' - S /7 tua Le '14 12E-PAR PA o R sj p c - a'oiro ®ems exa6.4 ►z tn,vh us& uy k me( - 1160-140a.&- -- / D 7n/61.0;2 7i2e.-/ / ' ' ' Signature: CC •��J, ' ✓ Date: 6 -7 " r ' Print Name: G* Jtlz 51 . '4,51 - 66-40/ - Refund Policy 1. The Director or Building Official may authorize the refund of: O9 )C a) any fee which was erroneously paid or collected. !Di 1 "/b b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended. c) not more than 80% of the land use application fee for issued permits. d) not more than 80% of the building plan_review fee when an- application is canceled before an plan review effort-has been e e) not more than 80% of the building permit fee for issued permits prior to any inspection requests. 2. Refunds will be returned to the original Payer in the same method in which payment was received. Please allow 1 -2 weeks for processing refunds. . -...,— � *FOUR 0—FF4GE USE ONLY Rte to Sys Admin: Date By Rte to Bldg Admin: Date By Refund Processed: Date By Invoice Processed: Date By Permit Canceled: Date By Parcel Tag Added: Date By Receipt # Date Method Amount $ I: \Buil ding \Forms \RegPermitAction.doc Rev 07/26/07 b F M May 27, 2011 City of Tigard Barry Sheasgreen Northwest Refinishing 8905 SW Greenspark Ln, Tigard, OR 97224 Dear Mr. Sheasgreen: Re: 8970 SW Burnham, WCTM2S102AD- 02700; Minor Modification Application Case File No (MMD2010- 00024) On May 16, 2011, I called you to discuss the status of your Minor Modification permit application for the property located at 8970 SW Burnham. You had been sent an Incompleteness Letter on January 24, 2011 and had not yet responded. You asked whether the application was required. After some discussion, I agreed to write this letter to clarify the circumstances where it would not be required. In addition, you asked several other questions regarding landscaping, signs, and storage of a shipping container on the site. Below is a summary of the case, identification of outstanding issues, and a conclusion outlining next steps. Zoning Letter On October 25, 2010 Mr. Fry, on your behalf, applied for a Zoning Inquiry Letter to determine if the preexisting conditional use for the subject property would be transferable to a use of the same category and function. Mr. Fry stated that no additional square footage would be added and that all external impacts would be the same or less. However, the request did not include a specific description of the proposed activity or its impacts. The city found that, pursuant to TDC 18.610.015, the approved use and development may continue and the entitlement runs with the land on transfer to a new owner. It was also determined that a minor modification permit would address the landscaping and screening deficiencies of the site and any minor improvements that may attend a broader use of the subject property. Approved Conditional Use Miller's Automotive obtained a Conditional Use (CU 16 -73) to construct a six -bay automotive repair shop with an office in an Industrial Park zone. The three conditions imposed with the approval included screening of outdoor storage: "The applicant shall provide a fenced area for the outdoor storage of waste material commensurate with said applicant's needs. Drop boxes, if used, shall b placed out o f view of the public ht c Drop t ._......... of view C� u.� public iigii� -oi- way." In addition, the approved site plan shows landscaping along the southwest property boundary, including English ivy at 12 inches on center and American sweet gum trees spaced 13125 SW Hall Blvd. o Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 ® www.tigard- or.gov at 28 feet on center. The application included a statement that the "proposed building will be attractive and landscaped so as not to be a detriment to the surrounding area." Applicability of the D owntown evelopment Code Your application for a minor modification permit still did not identify the intended use of the property. However, you did clarify in our telephone discussion on the 16 that you now intend to use the building for the same purpose as the use approved for the site- automotive repair. TDC 18.610.010.C.3.a states that "design standards [for Downtown] do not apply to maintenance and repair of a building, structure, or site in a manner that is consistent with previous approvals ." Therefore, with your clarification of intended use, a minor modification would not be necessary to improve the site consistent with landscaping and screening requirements of the existing conditional use permit (CU 16 -73). Please keep in mind that the property is currently zoned MU -CBD, which is designed to provide a pedestrian friendly urban village in Downtown Tigard and that all new development and redevelopment is required to conform to the standards of Chapter 18.610 and the other applicable standards outlined in the Incompleteness Letter issued to you. Instead of the minor modification application, review and permit, an informal over -the- counter review by the City will be required to ensure compliance with the prior approval (see Conclusion below). Outstanding Issues Land Use. In the future, if your intended use of the property changes, a minor or major modification may be applicable, consistent with "I'DC 18.330.020. It was earlier suggested that the reuse of the building might include auto body including installation of a spray booth. Although this is a permitted use in the MU -CBD zone, it would require a modification. You had also suggested eventually using the building for a woodworking shop. This use is considered a general industrial use (TDC 18.130.070.A.3), which is prohibited in the MU- CBD zone, Table 18520.1. Shipping Container. A shipping container is considered an accessory structure and is allowed in all commercial zones. However, placement on the subject property would require a minor modification permit consistent with TDC 18.520.030, and a building permit. Signs. Any proposed sign requires a permit and is subject to the standards in TDC 18.610.055. You can review these and other standards on the web (http://www.tigard- or.gov/ business /municipal_code /tide- 18.asp) or contact the permit technicians to clarify how the standards would apply (Kristie Peetuian at 718 -2452; Shirley Treat at 718- 2451). Screening. It appears that ivy on the fence between your property and the bank is shown on the original site plan for CU 16 -73 as proposed landscaping. Notwithstanding the bank's claim that it is theirs, you could replace the ivy on your property with slats and additional landscaping on your parcel. As the ivy is considered an invasive species, to the extent it is on your property, it should be removed. Parking area. Currently, the site is partially paved. Pursuant to TUC 18.765.040.H, "all areas used for parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, concrete, or pervious paving surfaces." New pavement would require a minor modification land use permit and a service provider letter from Clean Water Services. Conclusion A determination of which review process and development standards apply depends on the intended use of the property. Please submit a letter that clarifies the intended use of the subject property. Provided the use is limited to the use previously permitted (motor vehicle repair) a minor modification permit will not be required. To withdraw your minor modification application, please include in your letter a written request to withdraw the application and to issue a refund. According to the City's refund policy, 80% of the minor modification application fee may be refunded for applications where no report or decision has been written. To come into compliance with the existing land use permit, please submit a revised site /landscape plan for our review showing at minim 1) trees, shrubs, and ground cover along the southeast parcel boundary consistent with the site plan for CU 16 -73, 2) the location, design, and screening of any outdoor mixed solid waste and recyclable storage facility such that it is screened from adjacent properties and public streets, and 3) an accurate measurement (to scale) of the paved and unpaved areas of the site. In addition, submit a service provider letter from Pride Disposal demonstrating that the proposed outdoor waste and recycling facility meets their access and design standards. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 503- 718 -2434. Sincerely, t.. Gary Pagenstecher Associate Planner III 'af NT. 'i 1 04 atNt I.v TIGARD January 24, 2011 City of Tigard Barry Sheasgreen 8905 SW Greenspark Ln. Tigard, OR 97224 RE: Minor Modification Request, Case File No. MMD2010 - 00024 Dear Mr. Sheasgreen: The City received your application for Minor Modification Review (MMD2010- 00024) on December 29, 2010 to the existing development (CU16 -73) located at 8970 SW Burnham, Tigard, OR, 97223; Washington County Tax Map 2S102AD02700. Staff has completed a preliminary review of the submittal materials and has determined that additional information is required before the application can be deemed complete. The following additional information must be submitted to complete your application: Title Transfer Instrument of Deed: Your application included an Addendum Purchase Sale Agreement unsigned by the Seller, a Preliminary Title Report stating the DDM Enterprises, LLC as the owner, and a Non - Foreign Certification- Transferee and Transferor document. These do not establish you as the owner of the subject property. Please provide additional information demonstrating you are the owner. Narrative: You submitted a narrative that requests a "minor modification to the Landscaping and Screening" including a site plan and Plant Material List (Sheet 1 of 2). However, to ensure that you have accurately identified and sufficiently addressed all the applicable standards, please revise your narrative to include the facts of your proposal applicable to meeting the standard and a conclusion whether the standards have been met. Simply referring to the plan set is insufficient. The following items identify the specific standards to address and can be found on the City's web page (http: / /www.tigard- or.gov /business /municipal_code /title- 18. asp): Minor Modification of an Existing Conditional Use: Your narrative does not address the minor modification standards in Tigard Development Code (TDC) 18.330.020.B.2. Please address these standards to determine that a minor modification is proposed (e.g. a change in land use would represent a major modification). Commercial Zoning Districts: Your narrative does not address the proposed use of the property. ,. • Please revise your narrative to identify the use(s) proposed for the property as shown in TDC Table 18.520.1 for uses permitted, restricted, or prohibited in the MU -CBD zone, or otherwise allowed or prohibited as described in the attached copy of your Zoning Inquiry Letter (ZIL2010- 00018). If "Motor Vehicle Servicing and Repair" is proposed, as previously discussed, then TDC 8:• rvr-i ier m lnn lc , r' 1 on l ' will r r lT, Landscaping and Screening: Your application included a site plan and Plant Material List (Sheet 1 of 2) addressing the required perimeter landscaped setbacks. As we discussed, the plan should include 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov additional information including: a) a note providing for screening slats in the existing chain link fence for the length of the east property boundary, b) continuation of the required 5 -foot landscape buffer in the unpaved area along the east property boundary, c) a note that the City will provide landscape screening between the parking in front and SW Burnham Street and a slatted fence along the west property line, d) a note from the landscape consultant certifying that the provisions of TDC 18.745.050.B.4 have been met, and e) an accurate identification of unpaved surfaces on the property and how it will be used (use for parking and storage would require paving consistent with the General Design Standards in TDC 18.765.040). Mixed Solid Waste Disposal: Your narrative does not address how you will provide for waste disposal. If bins are to be kept inside, then state that; if outside, then the location, design, and access provisions of TDC 18.755.050 would apply. Screening of outdoor waste material is required under the original Conditional Use permit (attached). Please revise your narrative to address the applicable standards in 18.755 and provide a copy of a letter from Pride Disposal that your proposed plan is acceptable to them. Clean Water Services: As identified in the attached copy of your Zoning Inquiry Letter (ZIL2010- .. 00018) a service provider letter must be submitted with your application. Please fax the enclosed Sensitive Area Pre - Screening Site Assessment form to CWS for their review and include their response with your revised application materials. Once this additional information is submitted, staff will review the additional materials to determine if the application is complete. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 503 - 718 -2434. Sincerely, Gary Pagenstecher Associate Planner Encl. Conditional Use permit (CU16 -73) Zoning Inquiry Letter (ZIL2010- 00018) CSW Sensitive Area Pre - Screening Site Assessment form . . ,. . . . al II trek...63 City of Tigard November 5, 2010 Peter Finley Fry 2153 SW Main Street, #104 Portland, OR 97205 Dear Mr. Fry: Re: 8970 SW Burnham, WCTM2S102AD-02700 On October 25, 2010 you applied for a Zoning Inquiry Letter to determine if the preexisting conditional use for the Miller property, located at 8970 SW Burnham, is transferable to a use of the same category and function. You state that no additional square footage will, be added and all external impacts will be the same or less. Your request did not include a specific description of the proposed activity or its impacts. Our research of the subject property indicates a Conditional Use was approved by the Planning Commission (CU 16-73) to construct an automotive repair shop in an M-4, Industrial Park zone. At the time, the Planning Commission reviewed the application because the proposed use was not a listed use, but of the type listed, including service stations, and machine and welding shops. The conditions imposed with the approval included, among other things, screening of outdoor storage. The property is currently zoned MU-CBD, Mixed Use Central Business District. The MU- CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed-use, multifamily and attached single-family residences are permitted. New development and redevelopment is required to conform to the standards of Chapter 18.610. TDC 18.610.015 states that land uses and associated development in the MU-CBD District that were lawfully in existence at the time of adoption of these standards may continue as lawful uses and development. Therefore, the approved use and development may continue and the entitlement runs with the land on transfer to a new owner. The current Tigard Development Code (TDC) allows "Motor Vehicle Servicing and Repair" as a conditional use in the MU-CBD zone. "Body shops" are included as an example of this use type. TDC 18.330.020 applies to minor modifications of an approved existing use and requires development to be consistent with all applicable requirements of Tide 18. TDC 18.330.050.B.2, requires additional development standards for conditional use types, including motor vehicle servicing and repair: Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; 13125 SW Hall Blvd. 0 Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov (2) Buffer screening shall he provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) AU repair work shall be performed indoors. The current condition of the site does not provide adequate screening to the north, south, or east, which may require modification of on-site landscaping. TDC 18.610.010.E.1.a.4 requires a Type I review for modification of up to 15% of on-site landscaping, consistent with Chapter 18.745 Landscaping and Screening. The current owner and the City are negotiating the temporary use of the property for construction of the Burnham/Ash improvements. The City has agreed in principal to assist with a replacement fence on the north adjacent to the City's dog park and landscaping to the east along Burnham. Setbacks consistent with TDC 18.330.050.B.2 would require additional screening and landscaping to the south and landscaping to the north. Staff concurs that a Type I minor modification of the existing conditional use would he required to ensure the use is adequately screened and otherwise consistent with Clean Water ALS Services standards for impervious surfaces (contact CWS for Service Provider Letter). The applicant has suggested eventually using the building for a woodworking shop. This use E is considered a general industrial use pursuant to TDC 18.130.070.A.3, which is prohibited in the MU-CBD zone (Table 18520.1). Should you have any questions regarding this letter, you may contact me at (503) 718-2434. Sincerely, U-n • e4 Gary Pagenstecher, AICP Associate Planner • it . • • TI- 1. 14 ; PLANNIFiC COMMISSION :*, ,'.. t:.:, 2,..-..r. _-, ‘ ...' . : '.Staff'Repo =rt "''- .. . c November ; 1973 - Agend Item "441 . ' Cu 1643 filler).. . Conditional- .Use . For •p located. in an.,-_ . Industrial . ,. zone s : the south side "of S�W0 •Burnham,reet 125 - Feet east of Ash Street'. Map 251 2A0 - . Tax Lot 27 Applicant Lee a:d Richard Miller n Appli,cant,<Requ °eat : condit i onal Used approv to �, On c t a at om ire ` .. .. • 4`,0...-1=,t7-,',8L. o p in .. - an C 4� I n d u s t r i a l P ar k orf,eaf Ak s — mss . . A licant'a'Proposal . T® , 00 tract a .,ta b y autpmoti'ue" repair : shoe The . strict rye : would - ; include office,. space„ • Staff •Findinags' - • . l ; a S ection 18o52sO20 (Tigard Municthal Ci e) doses . t spec�i stet0": :,that ,.autom stiue.. repair - .. . chops :. . are conditional :uses, 'however said section does -..provids - that the Planning Commission may'. rule on'P uses that are :similar to other' uses`.deaucribed . • 'in said sections "- Automobile service :s;ta_tions . mache in _and welding' shops are • such described uses.: • 2 - is adjace-{, ,3 following "uses. - :Q: • - southeastern sides 00W. •" - istruction offices and r..: • •:: +gent :storage 0 aouthWestern side: City Sewerage Treatment Plant -0 northwestern side: City Police Offices Rental Dwelling Surrounding zoning on the. sou of Burnham Street is M -4, Industrial Park on the north side of Burnham zoning is P1 L ight Industrial C .i...,. . .. 3 . Taj4'4" , .C9vPellPn , ... JU14 1 IOi.1-4972CgAYSCOldIt*cinel ii0#,;.#00 Said . . .•• • aPprovellieS'lialed'on the following conditionsf. . ' ,• . . • • 0 T.,hat•'••k'thei,bu,iltitng q - ribegated,• , • , ohthetj ast:asl.,:y .. ... - . -, - 41 '';' '- ,, •-' , :7`--!:• ,, I . , , : ::' ,,•:.,::,,,,,:,.•', : ..,,'. ... .. „. , . ,t ...,.- • * That the Planning lo,mmiasion review and •apProve .• . .... , a completed *its .development plan prior to issuance' . . . of a buildinPermit. • . , ,,. ,,,- • . . • . .,..: • .._. 'k•'::Pairriitriiika'fiaatiedOnAthetpt#POSeC',7SilkarCtair.i:; • ;:. • • :. • - ,.., ...tiperfoltIn4,,,.•,0mt,,,4„ , w.,',$ ui-tn ,:::,. • - • ..,• . `: * v...'4,,% '''„ „;:,,;,""-t.e!'"'. tbete0 t,1 0 1 1W4 49 1- :' : /: :, :. . • , „ . , . , ..... , , . . 4 Si Burhais'Street, adjacent subject prOperty. ''''S ''' ''''' . - ' • currently has a 40 foot right-of-way,' Burnham . Street is described in the "Tigard tommunity- Plan' as a -collector •street with a minimum right of -way' standard 'of 60 feet, ,-, .•.,... • • :,.. S. .-Intieaseil Esarnham street-taused by 'the • .-. ' --- ,-.: • • - :- ,;•„, , - . .. .. .... .;,•:. , subject ario:9010t7..Oaii?014F0ant4 will reou'ire the future .--•,, -- '” - - ,,:..-- • . ,,:„. • ' improvement .aif , a,iii0;haal.,.' , 0 City collector , street standard..„ . . , ... , , ... . . . ?!::-,::'...,:-:.,,,,,:: , • ,• 6. The 'site • plan -. subtqfte0 apt:ill:cant doe's net - -- •:.,',.-• - indicate any' areaftir' the provision of aurOcior storage of 'waste Material:' sUch,.•fi as discarded auto parte, atop ' .• , bo vette ..-5,4ChT if viewed • from adjatent, :- properties or :plit4iC not meet the intent •H 1 - • ' of • development i '1 Park ZOne; • • • - '..: ',,,'.;. ' . ,• ,... „..., .. st.aftwetorkooftiiiltiotp, . .'-:••••• - - : • • . . .• . '_ . . . _ . . • , - •• • . •:*•„Avotiket '.'..•:. 'llh '.-.':..•'.', f',-tijdkOltk: 1 . ., . , ..„. .. . k:i41,044:47e.'767:oiiiiit Vaiibl: (4 T49 iiiidkatitit3:‘Vc.odsiw , ' • .: , Saidla . • Y '' . . , . . • . . , ' • •,.. ., . . . PprOVal Shall inclUdfa-the satisfaction of the ..--„-, - folloUing' conditiona. . _ • .. . . . le Dedication to tha pliblic:of an additional l0 feet . .. of riont -of -way along S.W. Burnham Street. ,_•. . ...„- . • . . 2, The p:operty Ourter (a) Shall agree to support the formation of a local improvement district to bring S.W. Burnham St. • to City collector' street standards, . I , 3, l'IIS:':470,1itirriariV,Shilit)ittVT0e, i-: ------- "--------; .-, :: . --,„-: ...;:,.,- _-:::,,,, ,• .„ • 440:070-'70tWP0049-TMO#4t0",:00h7:4P4A0:094140A4' neiadii bdee ,iiir• Uie•&.'' Stiti b ll:.,,allOiiidai'diled,f, --" ti ,,- :if 2.' ” ' ''' ''.- ' . .. :::`,. ra%, f,'L-,-,i. -ev o 7q*00#1 0fAlPti Page 2 - Staff Report , Miller • . . . • , . . . • C1eanWater Services Our inrnmiln:cnt i r.l;r,4i. CWS File Number Sensitive Area Pre - Screening ( I Site Assessment Jurisdiction: Property Information: (example 1S234AB01400) Owner Information: Taxlot ID(s): Name: Company: Address: Site Address: Phone /Fax: / Nearest Cross Street: E -mail: Development Activity: Check all that apply Applicant Information: Addition to Single Family Residence (rooms, deck, garage) ❑ Name: Lot Line Adjustment ❑ Minor Land Partition ❑ Company: Residential Condominium ❑ Commercial Condominium ❑ Address: Residential Subdivision ❑ Commercial Subdivision ❑ Single Lot Commercial ❑ Multi Lot Commercial ❑ Phone /Fax: / Other E -mail: Will the project involve any off -site work: YES ❑ NO n Unknown n Location and description of off -site work: Additional comments or information that may be needed to understand your project: This application does NOT replace the need for Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Development Permits, DEQ 1200 -C Permit or other permits as issued by the Department of Environmental Quality, Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. By signing this form, the Owner or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document, and to the best of my knowledge and belief, this information is true, complete, and accurate. Print/Type Name: Print/Type Title: Signature: Date: FOR DISTRICT USE ONLY n Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. n Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or •within 200' of the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and . protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, State, and federal law. Fl Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s) found near the site. This Sensitive Area Pre - Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07 -20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. n This Service Provider Letter is not valid unless CWS approved site plan(s) are attached. n The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewed By: Date: 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -5100 • Fax: (503) 681 -4439 • www.cleanwaterservices.org Revised: May 8, 2007 0' 1ct4 IX-Z.1- lD inie. ifit at 1 -2y -0 , Ci ty of Ti gard Minor Modification — Type I Application TIG.ARD ,\), (A) , E t-i 7 i5//( L . GENERAL INFORMATION In addition, the Director must find that the proposed `� � S change is in compliance with all applicable requirements of opetty Address /Location(s): q n V / Title 18 of the Tigard Development Code. To complete b gj orA k \ L) �rd I OR. c � this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): c 1(»+ 4 o'er? discussion indicating how the site expansion /change will continue to comply with the maximum setback, building Site Size: height, parking, and landscaping standards. Other ���� �, Shy 5� ��� requirements of this title such as clear vision, solid waste Applicant *: storage, non - conforming situations, signs, and tree Address: 29,05,Std CI cee p k removal may also be applicable depending on the type and City /State: 1 lyi r Zip: 9 a a`--( location of the proposed modifications. Primary Contact: 'g1 -}R.RV Si-}CF S G R-er.• Phon65o35'-1`- A -1 Fax: 50 2 Uri ID - 0 a. r t E -Mail: a ✓' t- e \Av.) rQ_ -�'. 1. S h ..,-N . C owl Property Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) PrRR. S l-k e-f 5 Cg R f�sv (Applications will not be accepted without the following required submittal elements) Addresse l 31.0 ( _e_oSpr14, Phonee26-54 -1 7P1 City /Stater \ru r R Zip: Ci k--4 ,0 Application Form Vv © Owner's Signature /Written Authorization * When the owner and the applicant are different people, the 0 Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in 0 Site Plan (4 Large Plans & One - Reduced to 81/2" x 11 ") possession with written authorization from the owner or an 0 Applicant's Statement /Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a p- Filing Fee $599.00 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 FOR STAFF USE ONLY or change does not invoke one or more of the criteria Q 0� t� discussed within Section 18.360.050(B) - Site Development Case No.(s): M Review or Section 18.330.020(B)(2) - Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): more of the criteria, a Major Modification review is required. I t Major Modifications axe processed in the same manner as a Receipt No.: ] Development Review or Conditional Use Permit. Date: jLrO new Site p Applicant's Statement: Application Accepted By: The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revised: 7/1/10 18.330.020(B)(2) must be addressed with a detailed response is \curpin \masters \land use applications \minor modification app.docx 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. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard - or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of L ,Cf \De-- , 20 1 l� Owner's Si ature Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503-639-4171 www.tigard-or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 180874 - 12/29/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010 -00024 Minor Modification to an Approved Plan 1003100 -43116 $522.00 MMD2010 -00024 Minor Modification to an Approved Plan - 1003100 -43117 $77.00 LRP Total: $599.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5807 STREAT 12/29/2010 $599.00 Payor: Northwest Refinishing Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 ADDENDUM Dated RECEIVED December T 22, 2010 DEC 2 �� 2010 PURCHASE SALE AGREEMENT CITY 0; ft3AAD Dated L#'! r,'r'rr - „ u kirERuR , e November 11, 2010 BY & BETWEEN Ddm Enterprises LLC., Owner and Barry Sheasgreen., Buyer with regard to PURCHASE SALE AGREEMENT located at 8970 SW Burnham Rd, Tigard, Oregon 97223 With regard to the above - referenced document dated November 11, 2010, all terms and conditions set forth are hereby agreed to and accepted with the following supplement: 1. Norris and Stevens Inc, will be reducing their commission by $1,800.00 and crediting $1,800.00 to the Buyer. Ddm Enterprises Inc. will be crediting $1,800.00 on a separate document to the Buyer. APPROVED & ACCEPTED: Seller: Buyer: Ddm Enterprises LLC Barry Sheasgreen LLC. By: / Date: f Z_ Z 2 _ / 6 Date: Purchase Sale Agreement Ddm Enterprises II .rtf y"°`�' ., N ., (. �' � r �t r f � / Cry: G" v y A 0 Ticor Title Company 111 SW Columbia, Suite 1000, Portland, OR 97201 (503)242 -1210 FAX (503)242 -0770 PRELIMINARY REPORT ESCROW OFFICER: Candice Weischedel ORDER NO.: 3626035532CDW- TTPOR50 TITLE OFFICER: Robin Hamilton TO: Ticor Title Company Attn: Candice Weischedel 111 SW Columbia, Suite 1000 Portland, OR 97201 OWNER /SELLER: DDM Enterprises, LLC, an Oregon limited liability company BUYER /BORROWER: Barry F Sheasgreen LLC, an Oregon limited liability company PROPERTY ADDRESS: 8970 SW Burnham Road Tigard, Oregon 97223 EFFECTIVE DATE: November 17, 2010, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM Owner's Standard 485,000.00 $ 1,320.00 Governmental Service Fee $ 25.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DDM Enterprises, LLC, an Oregon limited liability company 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF FDOR0212.rdw Non - Foreign Certification — Transferee and Transferor This form is provided so that the buyer and /or seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the escrow agent and /or buyer. Transferee /Buyer must retain a copy of this document until after the fifth taxable year following the transfer. Transaction on Personal Residence not exceeding $300,000.00. — N/A II. Certification of Non - Foreign Status by Individual — N/A III. Certification of Non - Foreign Status by Entity Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor /seller: 1. DDM Enterprises, LLC, an Oregon limited liability company is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. DDM Enterprises, LLC, an Oregon limited liability company is not a disregarded entity as defined in §1.1445- 2(b)(2)(iii); 3. DDM Enterprises, LLC, an Oregon limited liability company U.S. employer identification number is • 43- 2075433; and 4. The office address is 19885 SW Cappoen Road, Sherwood, OR 97140 The transferor /seller understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller DDM Enterfiises, LLC, an Oregon limited liability comiaai 11 i / ((( iii � r�l , Date: / ,� L� � Richard L. Miller, Me ber • Diane Miller, Member IV. Certification by Buyer I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Barry F Sheasgreen LLC, an Oregon limited liabilitycompany Date: J c � /G� B,rry F Sheasgreen, Sole Mgenber i December 22, 2010 RECEIVE° DEC 2 c ° 2" CITY 0;= 6GA�a� C CITY OF TIGARD ��� >e� �R,C4�• Att: Gary Pagenstecher, AICP Minor Modification Application Landscaping and Screening 13125 SW Hall Blvd. Tigard, OR 97223 To Whom It May Concern: Re: 8970 SW Burnham, WCTM2S102AD -02700 Landscaping Screening Type 1 Modification Request We are requesting a minor modification in the Landscaping and Screening for the above mentioned property. We have provided a detailed and mapped out drawing from our landscaping company that we hope will assist in our request. In a letter dated November 5, 2010 from Mr. Gary Pagenstecher, Associate Planner with the City of Tigard; it was concluded that the site currently did not have adequate screening and landscaping. We have detailed our proposal for the improvements necessary to bring the site up to meet the City's criteria with some minor modifications. East Side Changes: We are requesting a minor Landscaping modification. The property has a chain link fence which runs the entire length of the East Side (please see exhibit drawing). We will be fitting the East Side fence with slats to provide adequate screening. As for the landscaping; the existing asphalt parking lot meets up directly to the fence line on the back half of the East side of the property. We are requesting for relief on the landscaping for this portion of the fence line due to the pre- existing asphalt conditions. In regards to "Protection of existing vegetation" - We would like to request permission to remove the existing invasive English Ivy and Rhododendron in the planter which is located in the front half of the East Side fence and replace it with Euonymus Silver Queen and Hamlin Dwarf Fountain Grass. (see exhibit drawing) South Side Changes As requested we will be installing a five foot planter bed on the South Side of the site. We will be planting Euonymus "Silver Queen" plants in that planter bed. We are requesting that due to the existing large trees on the adjoining property of the South fence line that we not be required to plant more trees due to an over - crowding situation this would cause in the space provided. West Side Changes The City of Tigard has agreed to replace the fence and fence slats on the West Side of the site. This is adjacent to the City's Dog Park. We will be installing a five foot planter on the West Side and planting the required trees and plants. Northwest Side — Facing Burnham Street The City of Tigard has agreed to provide the landscaping on the Northwest portion of the site (facing Burnham Street). We appreciate your consideration with our requests. We wish to make our property serviceable yet environmentally aesthetic. Best Regards, Barry Sh asgreen REVISIONS BY IZ. HAMLIN r+Oc inur+TAir1 GRAss 6' TALL C 5"ENCE 15- EU ONQMUS '31)ER QutEr1' ExISTItI4 PARK \N�i LO'f FwsTIn4 TREES -•- .1, ..- V Vj. No 6nffER�SCREFH R , � I 11 M lour '1. -.- �xs,ha ( 41 (//) B4O011/,,, S DR,yr'Wp Q9"�P1` d»In �I N cnk„ . Inb y E "x151 in4 A57HALT I I'.2>N EL r 1 . /�' i - - - -- ?ARKIH LOT- I PryeK1r\y ( '�; ' w ArRE-A AK / o I rr « ' 11 cr ( r ub: o ♦1 Ilk I�1k � ' ��t f .-: "�' !•o 0•••4"1 t I1�TI a;IV.I R .NNT. e�06111 `\ v_� Mid v-',, 411 ' 11oREST PRHSY RED40D fP ,- RA N000 ASH- RA = NORTH 3 RE 0040000 24- RCS'? GLOIJ DARSERRy I O -EUOn'{7pA_ , H 1 L ER SQ ' _I W 1 ‘1) 3 PLANT MATERIAL LIST QTY. SYM. BOTANICAL NAME COMMON NAME SIZE W 7 RA Fraxinus oxycarpa'Raywood' Raywood Ash 2" �./.� 3 1 FP Cercis canadensis 'Forest Pansy' Forest Pansy Redbud 2" 25 SQ Euonymus 'Silver Queen' Silver Queen Euonymus 5 gal (1 13 KD Cornus sericera'Kelseyii' Kelsey Dogwood 2 gal 24 RG Berberis thunbergi 'Rosy Glow' Rosy Glow Barberry 2 gal 12 HD Pennisetum 'Hamlin Dwarf' Hamlin Dwarf Fountain Grass 1 gal Y'n". O !e T C _ ` BB PO Od CITY 2 7 Data ,-21,01,0 CI 1 {� 0rt I IGARD ScNa "=.ZO' �_ �,�(11NItp ir /r—sl('Iq1I^ Drawn ._ _ -. . .r+R!S4 Jab Sheet Iof 01 Sheets 111 ar nanm sea iWw WMiwar• ■ 9 r R3 Y It - i' r iti6W01 City of Tigard November 5, 2010 Peter Finley Fry 2153 SW Main Street, #104 Portland, OR 97205 Dear. Mr. Fry: Re: 8970 SW Burnham, WCTM2S102A® -02700 On October 25, 2010 you applied for a Zoning Inquiry Letter to determine if the preexisting conditional use for the Miller property, located at 8970 SW Burnham, is transferable to a use of the same category and function. You state that no additional square footage will be added and all external impacts will he the same or less. Your request did not include a specific description of the proposed activity or its impacts. Our research of the subject property indicates a Conditional Use was approved by the Planning Commission (CU 16 -73) to construct an automotive repair shop in an M -4, Industrial Park zone. At the time, the Planning Commission reviewed the application because the proposed use was not a listed use, but of the type listed, including service stations, and machine and welding shops. The conditions imposed with the approval included, among other things, screening of outdoor storage. The property is currently zoned MU -CBD, Mixed Use Central Business District. The MU- CBD zoning district is designed to provide . a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multifamily and attached single - family residences are permitted. New development and redevelopment is required to conform to the standards of Chapter 18.610. TDC 18.610.015 states that land uses and associated development in the MU -CBD District that were lawfully in existence at the time of adoption of these standards may continue as lawful uses and development. Therefore, the approved use and development may continue and the entitlement runs with the land on transfer to a new owner. The current Tigard Development Code (TDC) allows "Motor Vehicle Servicing and Repair" as a conditional use in the MU -CBD zone. "Body shops" are included as an example of this use type. "1'DC 18.330.020 applies to minor modifications of an approved existing use and requires development to be consistent with all applicable requirements of Title 18. i"DC 18.330.050.B.2, requires additional development standards for conditional use types, includinn motor vehicle servi anri repair Setbacks: (1) A five -foot perimeter setback shall surround all outdoor parking and storage areas; 13125 SW Hall Blvd. 0 Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 ® www.tigard- or.gov c . 1 (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall he performed indoors. The current condition of the site does not provide adequate screening to the north, south, or east, which may require modification of on -site landscaping. TDC 18.610.010..E.1.a.4 requires a Type I review for modification of up to 15% of on -site landscaping, consistent with Chapter 18.745 Landscaping and Screening. The current owner and the City are negotiating the temporary use of the property for construction of the Burnham /Ash improvements. The City has agreed in principal to assist with a replacement fence on the north adjacent to the City's dog park and landscaping to the east along Burnham. Setbacks consistent with TDC 18.330.050.8.2 would require additional. screening and landscaping to the south and landscaping to the north. Staff concurs that a Type I minor modification of the existing conditional use would be required to ensure the use is adequately screened and otherwise consistent with Clean Water Services standards for impervious surfaces (contact C \XIS for. Service Provider Letter). The applicant has suggested eventually using the building for a woodworking shop. This use is considered a general industrial use pursuant to TDC 18.130.070.A.3, which is prohibited in the MU -CBD zone (Fable 18520.1). Should you have any questions regarding this letter, you may contact me at (503) 718 -2434. Sincerely, A.7 , Gary Pagenstecher, AICP Associate Planner rI P CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503 639 4171 TibARD Receipt Number: 180088 - 10/26/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID ZIL2010-00018 Zone Inquiry-Letter 1003100-43116 $77.00 ZIL2010-00018 Zone Inquiry-Letter - LRP 1003100-43117 $11.00 Total: $88.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2761 KPEERMAN 10/26/2010 $88.00 Payor: BARRY SHEASGREEN Total Payments: $88.00 Balance Due: $0.00 Page 1 of 1 •• _ Peter Finley Fry AICP Ph.D. (503) 274-2744 21.53 SW Main Street, #105, Portland, Oregon USA 97205 • Fax (503) 274-1415 • pfinleyfry@aol.com RECEIVED OCT 2 Zoo PLANNING DIRECTOR'S INTREPRETATIOIt TIGARD P LANNING/ENGINEERING October 21, 2010 GENERAL INFORMATION. Applicants: Planning Consultant: Phone: 503-274-2744 Peter Finley Fry AICP FAX: 503-274-1415 2153 SW Main Street #104 Portland, Oregon 97205 Property Owners (to be under contract): Northwest Refinishing Barry Sheasgreen 9528 SW Tigard St. Tigard, Oregon 97223 Location: 8970 SW Bumham Tax Lots: SID 2S102AD02700 Comprehensive Plan/Zoning Designation: MU/CBD QUESTION The applicant wishes to acquire and occupy the property with a use that is in the same category as the existing use. No additional square footage will be added and all external impacts will be the same or less. Is the preexisting conditional use currently applied to the property transferable to a use of the same category and function? INTREPRETATION The existing use is an auto repair use that was legally established and has been in continual operation. The property's zone was changed in March 2010 to MU/CBD which made the existing use a conditional use. The existing use is in the Motor Vehicle Servicing/Repair category. The Motor Vehicle Servicing/Repair category includes (18.130.020.C.5.b.n) "Free-standing vehicle servicing and repair establishments including quick and general vehicle service, car washes and body shops not an 1 Peter Finley Fry October 21, 2010 Northwest Refinishing 8970 SW Burnham Planning Director's Interpretation accessory to new vehicle sales ". The proposed use is a body shop which is also a stated use in the Motor Vehicle Servicing /Repair category. The uses are listed with a conjunctive "and" not an "or". The use of "and" would mean that the uses are interchangeable. The definition of a change of use is found in the definition chapter 18.120.020 "Definitions: Change of Use: "Any use the differs from the previous use as defined in Chapter 18.120 Use Categories." It appears that the reference to Chapter 18.120 should be to Chapter 18.130. The proposed use is in the same use category as the existing use. Lastly, triggers exist to require a major modification of a conditional use (18330.020.B.2). "B. Major modification of approved or existing conditional use. 2. The Director shall determine that a major modification(s) has resulted if one or more of the changes listed below have been, proposed: a. A change in land use; b. A 10% increase in dwelling unit density; c. A change in the type and /or location of access ways and parking areas where off -site traffic would be affected; d. An increase in the floor area proposed for non - residential use by more than 10% where previously specified; e. A reduction of more than 10% of the area reserved for common open space and /or usable open space; f. A reduction of specified setback requirements by more than 20 %; g. An elimination of project amenities by more than 10% where previously specified provided such as: (1) Recreational facilities; (2) Screening; or (3) Landscaping provisions; and h. A 10% increase in the approved density;" None of these conditions are proposed to occur. A minor modification of a conditional use can be approved through a Type I procedure. "C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. 2 Code Amendments 5. Motor Vehicle Related - , . _: - ' -: - , :. ' - :.. Includes cars, light and he-avy trucks, mobile home, boat and recreational vehicle -sales, rental and service. I - \ I. Motor rlicagAL-- 1. ... _,.. ,, ...... _ . . .. , . -, ... _h..... aza - reatit nal v -hides. 2. A - • • ' -s„LA . • ii • •• •• • • - *ii • • 1 * . • ,: • * . • * .._ . • • maim • .6 • ', ..i a 6 "s, ,0 •*' • -, 3 . ' '' . •• • - . : , •• • - :0 .4 , _ • a ' . •_., * , • I *. • .. • • , • , . : . I b. Motor Vehicle Servicing/-Repair: Free standing vehicle- servicing and repair , establishments including quick and general vehicle service, car washes and body shops ------ - not an accessory to new vehicle sitles. ) . Motor Vehi e Sen ' . 'e air -- ------ I. * v t: " IS. i ` *4 * 11 7* ' * - " i * • t - * . * • ' .. ' z.S. , * I 4 , • * , ' ' It r • $ il .. ,0 . - .e. 0 . : 4 • ` s . . $ • " •1 0 $ itt '' 4 " Sales, i 2. , - • • - - • - . • _ - *ease** • I I 1 I l l ..* _tr. it a I itt. - lk 4 -_ 4 I I t stora& space, 3 1 3. F. i A. : : ,. so . . . • . is • iei . . ' . .. . , . • - ,. : ' .: z' ... *I* ' $t* N i \ c. Vehicle Fuel Salea: Establishments engaging in the sale of gasoline, diesel fuel and oil \ / Use Categories Development Code Amendment DCA2010-00004 July 12, 2010 Page 47 -' w A • r r TIGARD-:RLANNINt COMMISSION Staff Report: November.`, ,1973 A:genda( _i. item a.1. CU 16..73 {.tiller) 1 Conditional • fear property. _2oceted in, an. :M74 Industrial . Park one,- onthe south side '.of ' 5SW. Burnham.S r-eet, • 125 reet east of Ash Street. (Tax Map 251. 2AD, Tax Lot 2700) A Ticant t,eo arc! - ;R; Millar Ap"pi.icant: :R•egt eat: ' .. . .: C ditional Use appr`ovaI ,to ponat'1uc : : an automc ti•''e repair shop in 'an M.4 I odobtrial Park xon'e . . ,,. A li.cantas Proposal - Io cortrut . 1 . • b hay aa�toot'i�e repairs sho The... struccure' include . o,t ce spaced staff'' trats' nci o 1 Se t on ].8052.020 {Tigard Municapzil Cole) .does not .ePec .fically etat€� .that automotive . repaid . shops are conditional uses, however said sed,tion ds, = provide that' the Planning. Commission gray: rule =F: does on°" uses that are similar to other uses deacribed .. in : said section. ` Automob.i.le service stations, machine and welding shops are such described uses. 2. " .;The °Sub,ject : site is ad face ~, } .1 following . uses o. O southeastern side: Oa41, - •lstructionm-offices and r.:. •:: oent storage o southwestern side: City Sewerage Treatment Plant O northwestern side: City Police Offices 1\entel Dwelling Surrounding zoning on the southside of Burnham Street is M ®4, Industrial, Park, on the north side of Burnham zoning is M ®3, Light Industrial .w:.,r .s..._.r- .� :r_ ** s.;..d-a.Y.a.:!; . _.. ,s.. .._�_:S _. vr.•'± n''...1,..:.,rr ;.: t.£l „ti. ,, a. h. ;:�', t - -r.: ;. . - 'y , ?. ihit c3 3, The City Council on July 10, 1972 gave conditional uss approval to -' b "sil cscreen operation ", Said approval Was based on the following conditions A That the bui ldi:rrg be located on the westerly property- line 4 That the planning Commission review and approve a completed site development plan prior to issuance of. a building permit, A .perm. t wad: issued :Q: the .prmposed "eilicscreen oper.ation' , brat the structure was: nest built: and the :c'ond° tl.ona l wise expi red July '10,'19731 4, S.W. Butham Stra eta, adjacent Subject property. currently has a 40 foot right -of way. Burnham Street is described in the "Tigard Community Plan" as. a collector street with a minimum right- of -Way standard of 60 feet. 5. inr r'eased .t'raf f`i cMora S,W Burnham Street caused by the subject Arid ::other b,eafe.loPment. .0 I ! teem c e the future improvement Of F3 i t!h'aM to City collector street standardS, " • 6, The site plan . t •: t.t;e d':by the applicant does not - indicate any area' for the provision of outdoor storage of waste arrater°ka,1 < suctr as discarded auto par't! , dbob bo* etc, SUc.h riutr crrl:r'.st:crage if viewed from adjacent properties or' public-streets does not meet the inherit, of development s. -:an Industrial Bark ZOP; f - Sta f f : R;scornenoa_tl:o.n- Approval of: an tttonotive repair ehop'as a :corad�itional use in arr t'i =4 indu tr'a l ps k �ra;ne , . said `8pprc val ; �basad on a findi;r g by:;.the _plapnii.ng . CornrrK s�s tha the eub,leo ,use i similar .:to' sthef; uees- deari.jbed are" Seat o i .' (: rge¢d'Mur�ir. bat Ccd`e . Said approval shall. .irac:liade ,the satisfaction of the following conditions . 1, Dedication to the public of an additional 10 feet of right-of-way along S,W, Burnham Street, 2, The p,, ooerty owner (a) shall agree to support the formation of a !decal improvement district to bring S.U, Burnham Ste to City Collector street standards. 3, hei:,app1icapt shail..prouide a fenced area for the .outdoor atoraoeof waste material commenacazate with said applicants rlsedse: Drop" boxes, if used , shall be placed out of mew SP .the public right -of -way, Page 2 - Staff Report - Miller ANS '.,f TO *F O mormassTs a Q r , 1p , doz' this is a .K, u . B. Having talked to Winslow Brooks and Dick Bolen,, it is OUP t :# re*v$ta�d z ing is La UM ar e with Ti ' s adopted Comprehensive Plan. established tip repair slop in the community' for a1' yeers, with. ample customers. . reel there is a definite need for our .business in D. were not a .tor.. a . s*. Thare.is And mill be other busine$Sea that would be tib Aeit, i - Proposed business.. Vie would be one sewer connection, water for pertonal use and for metering Outside shrubs.. Street use would be minimal. E.. Our ProOont lease wiU be cancelled as or : January iet. - Because . , � � t t7 l�.mS.� �t .. or late Tigard a Tigard . , ya may. - ' th t or titer in which i ch for b ild a .sb ,, this �is the Only _ , aultable parcel or (. tai* available to. Us at: this time. Po. Proposed building attractive. aFrd la dsca so as not to tea d+etr t t to surrounding area.. G There is water availeb� a . tha Tigard. Water Districts We . - assured a s - k -u . a the city of Tigard trots their allotted :. n,nreia its.. Gas, telephone . aril electricity is 'a le at the Bite. Hh Business Will have no gad. verse impact on the . o' u ity. Site sill be kept clean and neat. 1 NOTICE OF PUBLIC HEARING City of Tigard Planning Commission Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Tigard within the Charles F. Tigard Grade School board room, at 13137 S.W. Pacific,Highway, Tigard, Oregon on November 6, 1973 at 8:00 P.M., with respect to the following: An application by Lee and Hichard Miller for a conditional use permit to allow for th e„.„consiTucXioni in an Il4 ,-IndUtria1 'Park huilaing site.islocated on the side ,3f Burnham Street, 125 feet east of Ash treet. The site comprises .40 acres (Tax liao 251 2A0, Tax .lot 2700) and for A variance to iideteer*C4OtOMOttve'=re04ki qi-1404,464),rddPrW44Tlehere a 20 foot S1OP yard setbeCK is required. The property Is zoned M-4, Industrial Park, comprises .40 acres and on the south side of S.U. Burnham Street,125 fest east of Ash ntreet. (Tax-Mad 251 2A0, Tax lot 2 Al; ot“s:Ins havinq an:4nterest in.this matter are invited to -'tr ir ne \ \ \ \ \ \ : .... k , , .... _ _ _ _ \ *. , . /10 /A 1 ■ sry I - 1.. t / / • r t : \ \ tj , 1 // ''''''''''.'.1.1 R 7 , , __ _ - _ _ ,s_, ,, , N '- area of considerolron NI Side Yard Variance Conditional Use for Automotive Repair ... .1 .....,t . 6 r■ 5..../601' ... .. - - .. '".. .. ... S.( .. ., • ...., .. ------. ' . ...‘ • .. --._ • 4 f /- . . / . - ..1 1 , I • ' I .- \',.. 4 . .., • . • ■ . . . . ., . ! n ., . , . ' ....„, . . / . --_ . -., .• .' 41- , ‘l....' ...... . ■I' v . , . I . • , . I t ,....... , . l e ■ . . C) \ • /. , ' N', ' ''',/ - „,... 1,41,t.r.: v --`; „...) 7,„ ..... ..... , ..6: i ' . \ I -: . •.. 4 . . . 0.... :" :.. • ' .4......ta d ' 0. •,,,,, 3.- i V -1. rc '' ' ''''1 t ' ' ' . . . . ' . ' ' , i-• Ii..c,,,,R. ' ,01,..: . 0 % ' ■ :' i t . ‘, . t . ' • ' i ... - . . _. . 0 . " 'I). /; .,- ______..'_ ,i .. —.. .,..., ts rr ..... V" A.A.. ! lei-,,,' .2 r,V.• ....' . . ag re r< • Ai Af4.0 Z 9 • C . 'IiI.Pv4.-A11166k • • D.ESIGN REVIEW APPLIC •ION FILE * TIGARD PLANNING DEPARTMENT 639-4171 FEE RECEIV • 1242C SW Main Street RECEIPT Tigard, Oregon 97223 DATE RECEIVED 3- - RECEIVED BY civ The "contact person" named in this application will receive all major • correspondence from the Tigard PlanningDepartment and that person is responsible for providing same to owner, architects, etc. In this case, the "contact person" is: NAME Igio,f4fi kp 2- , yij LLE . PHONE (Bus.)63 )2 f� Eo 3 ADDRESS R9'70 5 W :N 1 • T - f6ARD K)e 97,22.3 (Street - City - MOH Signature ' . . Date ?),-- 1:- • PROJECT TITLE A PROJECT ADDRESS 6170 5 GO 1U P M41301 T 1:6 APD (1- ? 0 -2.3 TAX V.AP # OS la (4-D TAX LOT(S) AREA MEASUREMENT Ae-Re NATURE OF PROPOSED DEVELOPMENT: 001Tri010 Tr) t....14.ST/JIJ 6- EL() 6- . DEVELOPER ' s NAME Ric_ HARO (Ylii...LE+2_ PHONE (Bus . 631- 322.5( Res • ) ADDRESS 69 TO 51/4 N41\ m- t - RE (Street - City - Zip) PROPERTY OWNER'S NAME RIC,HAalp ILLE PHONE (Bus. ) ( ) PHONE (Bus.) (Res.) ADDRESS RT. 4- Box 5:1e -ORE qi14 (Street - City - Zip) • PROPERTY OWNER RECOGNITION OF APPLICATION 12 411c7-4-- ( ignature of wner) • . . . APPLICATION WILL NOT BE ACCEPTED UNLESS FULLY COMPLETED . . . • 020481vmc • t. • TIGARD PLANNING COMMISSION Staff Report November 6, 1973 • Agenda Item 4.1 CU 16-73 (Miller) Conditional Use For property located in an M -4 Industrial Park zone, on the south side of S.W. Burnham Street, 125 feet east of Ash Street. (Tax Map 251 2AD, Tax Lot 2700) Applicant • Lee and Richard Miller • ,Applicant Request Conditional Use approval to construct an automotive repair shop in an M ° Industrial Park zone A ,licant's Proposal To construct a 6 bay automotive repair shop. The structur:. would include office space • Staff Findings: • 1. Section 18.52.020 (Tigard Municipal Code) does not specifically state that automotive repair shops are conditional asses, however said section does provide that the Planning Commission may rule on uses that are similar to other uses described in said section. Automobile service stations, machine and welding shops are such described uses. 2. The subject site:is adjacent the following uses: • O southeastern sides D.W.D. construction--offices and equipment storage O southwestern side: City Sewerage Treatment Plant O northwestern sides City Police Offices Rental Dwelling Surrounding zoning on the southside of Burnham Street is 1 M -4, Industrial Park, on the north side of Burnham zoning is M-3, Light Industrial 3, The City Council on July 10, 1972 gave eonditional use approval to a "silkeeree approval was baaed on thq fOilawg UFJ • That the building be located on the westerly property That the Planning Commission review and approve a completedeite development plan prior to issuance • • of a building permit. • A permit was issued on the proposed "silscreeri operation", but t.he strurture was not built and the conditionaleuse enired July 10, 1973 4. S.W. Burnam Str_Oet, adjacent subject property, currently has A 40 foot right-ofeway„ Burnham Street is described in the "Tigard Community Plan" as a collector street with a mmum right- of7w.way standaraOf 60 feet, inc traff:ic on SAJG burnnam 5L cy the subject and other development, will requite teie Future imProvement ofbuTnham to City collector street etendarris, • • 6e the site plan sutmltted by the aotlicant rios r,at indite any area for the DrOV/15.1W1 of co stvqe of waste material, such as dtsa7sAled uto Parts, •roo box, etc, Suchoutdoct stvl if vleue from adjalc properties Or streeti; ones not met: the inthf, of development .1.n an oidostral •4!rk • t.aff Recommendation Approval of an automotive roar shop as a conditional use in an M Industrial Park zone, said approval based on a finding by the Planning Commission that the subject use • is simila;: to other uses detcribed in Section 1Be52,020 • (Tigard Municipal Code) • Said approval shall ude the satisfaction of the • following conditions 1, Dedication to the public of an additional 10 feet • of right-of-way along S.W. Burnham Street. j 2, The property owner shall agree to support the formation of a 1pcal improvement district to bring j urnham St. • to City collector street standards. 3. The applicant shall DrOvid a feneed area for the outdoor storage of waste material commensurate uith said applicants needs. Drop boxes, if used, shall be placed out of view of the public right-of-way. Page 2 - Staff Report - Miller • , • 1 I I Gri.le:., :dr. 5wriGr al L.4 /A. C !S' : ic. Y • 1 T _ j ..., \ . , (s .. ■ v \ tit. e tu..4.. ei .h-i s ''`"`' Oct". u . 1 —zS 73 \, - 1 i A _._ . • may 0 y 7.. 2 r r 1 • �j I 7+461 PIWc .� .. R. ,. — I f f I ` `' '(O — ?y 4 —y De x . I >e ^ � DR OVED BY THE PLANNING ,'..-. - Ak!D ZONING COMMISSION CITY OF TIGARD Lr ..1L, rue t eto )1-Z-9 5 D 1 • '_= /2- 13 ) (77 ki - ' --; --"--)/ -" - 1 , c- - "- ' , ., , 1 1 ' - , - , • .. , . '. • ,..,.r ,..,,,,..., ;...i, si,... :„._: ,...rH ,. : •-....___., — — _ _ _ _ /77„,„"....-- 6,,, :-...6P-• ,,...15.61T -----_________ _ ,,,,,, - , Li..- ti..- - - --,,, ‘ r:z.' ■ .. , ---------' ' --- • , ,..- N. , , . I -....- .— d r • —.) •••• i ,. ../ '.5 ( `• d --• c _ , . _ .....________.. ... 1 v - N CAP. 11.041111/16 *VA, 4.0414 4 /V1 44‘...... „Ica 1 l- - 73 • - , 1 i 1 - ,......-a-,...,-.. ,, -.,,,,-...,...... ................,„„.....■■•........,......,....., .., .„,; -', .-.• \ s , i - ......, j. „_,... ...,r j \ , 1 . ' 'n' - `,S V- .• r. , , . ■ lc , -- , i , ■ i i - ss ' 1 ' 1), / 1 . e) 4,at..olei.i Is.- ze.,..:. 2 o-. -....' ›...-.. J.K )...c x • A —. r BY THE PLANNINO i...")NING COMMISSION CITY OF TIGARD ■ ZONING APPLICATION File City of Tigard Planning Department 639 -4171 Date 4, 12420 S.W. Main Street, Tigard, Oregon 97223 By PLEASE PITITY ININiC Applicant's - Name 4 R. t i t — i - F R I C K A RD • t It LLER Phone 21,1 2625 Applicant's. Address / /5-VO 5 L+..3 61-R Q U • C3 L,. U D 7`~I G A 2. ► s z°ee O 12g.. et? 2_2_ 3 Applicant is: Owner Contract ' r Developer agent Other f1RiJ r fr ivE ' ' ''Il SEIR, Date of Applicant /O -11- 7 3 signature of Owner (s). ''4 .:. •!'_. .. _.DDo. a please contact:: For Additional InYox ti.on t -' "1' , .- .. Address Phone PROPERTY INVOLVED: TaX Msp# 2 5, / 2 A Tax .Lot (s) ?D p Address 63 u t2 N OA (1 . 5 T', 7 -1 & ' P s !. Area I OtTO S 6 .. FT. (Acres) Existing Buildings (nos and' ): NON N • Present Zoning - 4- Use Y f4 C An) T _ Applicant's Proposal a °rx.: /�V 'F'Git�t;�T1I`. RE PArr� S}C7 Water: Tigard.., Metzger Serer: Tigird t tzger Applicant's Justification fW C E t- r 0 : 5. iM A L. L.. r r>Z � few s� F�$6 ► i fit, m l _� = A ;, ii *` .1.. 3 4 , M* ->•?, 3 LA) 20, 11 CV 1‘)°13 PfAlet icritzisccpt SIO , \\N <3s_i 1vi 6.5ccA ' °\) B icipt9 3s- 1. p70' sc p c ,44-71'11/5 6). -Le 6 9, 4 720 5to gur/Acin - r) Oci rc/ Ok=9 'JO