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MMD2011-00008 AFFIDAVIT OF MAILING ; E ® 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: © NOTICE OF DECISION FOR: MMD2011- 00008 /CHARTER MECHANICAL CONTRACTORS (Pile No . /Nuns RcCkreuce) 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 June 7, 2011, and deposited in the United States Mail on June 7, 2011, postage prepaid. •• _ ,.i.� Kt_ (Person tiatP -pare. 1 oac,e) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn /affirmed before me on the ° day of Z , 2011. 1 +, OFFICIAL SEAL �) SHIRLEY L TREAT { t�-'R ry NOTARY PURL C ) OREGON t `� ... COMMISSIO NO. 459846 ( el MY COMMISSION EXPIRES JULY 06, 2015 TARY OF OREGON My Commission Expires: 7 ( / (- EXHIBIT.A o ,: ..:...?"..:,,,,,:,__,..1,,:.: 7 NOTICE OF tW P DELIS { ION N 4*� MIN MO DISFI ' CATION 1- ' :14:16: f ' CHARTER.,MECHANIC� ' CONTRACTORS'an , : G 120 DAYS = 10 -4 -2011 SECTION I. APPLICATION SUMMARY FILE NAME: CHARTER MECHANICAL CONTRACTORS CASE NO.: Minor Modification (MMD) MMD2011 -00008 PROPOSAL: The proposed project is for minor site modifications to approved fencing and parking area striping at 7930 SW Hunziker. APPLICANT: Charter Mechanical Contractors, Inc. 9636 SW Herman Road Tualatin, OR 97062 OWNER: Gould Family Properties VI, LLC c/o Turrett Steel Industries 527 Alando Ave. Charlotte, NC 28206 LOCATIONS: 7930 SW Hunziker Street, WCTM 2S101CA, Tax Lot 00400. ZONING DESIGNATION: I -L: Light Industrial District. The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.530 and 18.765. SECTION II. DECISION h ,,,7.:;':.! C i 4 x «tl ,! `1. i w` ' S n - t tr,, if E•v- 5,74, i - M a { . r . N' ce is h ere b y giv „ene that the* City = of r 4Tigard Community,.d D cvc k Director ' s d ne e as. APP the abo ve request, s ubject t,o the Con tions o of alp listed below r The findi gs and c on whi t he de bas are n o ted i n � Sec ti n4 - I V y o . . _ i � � , " 1 l ietip e CONDITIONS OF APPROVAL ' P 53:. -T r ' W JAL' y . •' ii? C•_ - i d'! C - S - Y” f 'iPSi 44 - d tl re ti. �hd - &, Td3 p."K, ! " Spi'8 . "a 5 PRI' ORATO'THE�RE LTST4'FO F IN4 5 iJ07 INSFEC „ IO , a', @` 3 "a " ,- r. , Y 'rT�HE F : i'i ®WING : , COND �IT ION ! SSHALLvBE SATISFI ' � _ , . 1. The applicant shall insert slats within the proposed 6 -foot high chain link fence enclosing the southern parking area, in order to provide necessary screening of the parking lot. 2. The applicant shall satisfy the requirements of Tualatin Valley Fire and Rescue. 3. The applicant shall call for final inspection by the Planning Division prior to final building inspection. MMD2011 -00008 Charter Mechanical Page 1 of 4 1 TH IS A SH ALL BE NALID`FOR .8 O 1 J K ' -, L � FRO1%'TOL ffgeTIVE OF THIS DECISION itriPe SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 7930 SW Hunziker Road, at the southwest corner of Hunziker and Wall Street. The project site is 4.67 acres, with an existing building occupying approximately 75,000 square feet. The existing building was built in 1959 and housed Coe Manufacturing for almost 50 years. Red Rock Creek flows near the western boundary of the project site. Proposal Description: The proposed project would result in the following changes to 7930 Hunziker Road: i A new 6' high chain link fence with two gates would enclose an area that is partially paved, and partially gravel. Approval for an identical fence was approved under MMD2011- 00005, this application would expand the fenced area and relocate proposed parking spaces and drive aisles. ➢ Existing paved areas would be striped for parking outside of the fenced area, and outdoor materials and product storage inside of the fenced area. ➢ The paving of existing graveled areas is not a part of this project. 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. The proposal does not require additional on -site parking as it will not result in a change of use. 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 in the type of structures. Therefore, this criterion does not MMD2011 -00008 Charter Mechanical Page 2 of 4 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. 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 in a manner where off -site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; As there is no change in use, the proposal does not increase vehicular traffic to and from the site by 100 vehicles per 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 is no increase in floor area. Therefore, this criterion is satisfied. 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. Staff has reviewed the history of this site and found no previous conditions that would be modified by this application. Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. MMD2011 -00008 Charter Mechanical 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 JUNE 7, 2011 AND BECOMES EFFECTIVE ON JUNE 8, 2011. 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. June 7, 2011 AP VED B . John Floyd DATE Associate Planner 503- 718 -2429 johnfl @tigard- or.gov MMD2011 -00008 Charter Mechanical Page 4 of 4 ''Z', ; VICINITY MAP .1% Ob. \ \ i �, '�:�ti,, MMD2011 -00008 a . 3 ,,\ � CHARTER MECHANICAL 14,4r \\*\1\ \\\ BE VELAND (.,D \\\\ \-:,Y\ o , 4 '��� ..- Subject Site IP . \'',:s: \,,,,,,,, ,.. Ofigiw :t7 N \ r," 1 10 '' 6K ' . !WI E" ' + ►+ ++ +pv 1\ -r 1.: -- A� :�i' • • ie *b I - + • Info r mation on this map is for general location .ww /ti only and should be verified with the A�t Development Services Division. tt Approx Scale 1:4,000 - 1 in = 333 tt ii 441 ii �ff0 Map printed at 02:26 PM on 07- Jun -11 D og Pork LK�57- VI DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD Lai MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF Q THE DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE i I I i INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. ci N I City of I igard F eet J Ir 1 66 0p 13125 SW Hall Blvd f R ^ e Tigard, OR 97223 0 50 "• ' F S 5 T �n 503 ig a rd-OT. _ www.t I T — � I ` � i igrd- or.gov Tic A o i ..'ann g!Inon ...,mn --,,,._ -� , . 2426 „ L-7, "10 .a. a:LT:F.79Z e O L. 111 0. Corndor ��` " - - -- i iiiii � 4J I (420 square feet) I I Charter Mechanical 1 ® C „ office A 1 2 r (7.906 square rea feet) II1Q 11 12 13 14 15 18 7 °'0ot C §„ \T":::: , 1 6 : I Existing Building ( (Tax Lot ID 2S101CA00400) Charter Mechanical L MS t Shop Area 1 I V r.x I ( 30,125 square hat).._ I — _ —_. I c j 4 Air Co R I I ) t (2so,-,.7.70.- t) I I 1 84 1 53 ' t I II 81 I °'(`' e � I 1++ IL - 80 \ \\ \mo 1 I Span occupied by other tenants . 59 1 I 1 59 mw. Shop Locker Room 1 \ \` \•/ e ' \ ' iiil — — ....sr / _ ' w.m•. (1200 sp he feet) "" 58 54 52 51 50 49 48 47 IIIr 48 45 44 43 42 1 40 39 38 37 35 III 35 34 /,• , I Op 32 31 .1-7//,'' '"; ' - I�,.,..r,:000 30 ,or 29 �/ . � � M� / �.,.. t t t MM .l t t t MM .t e e . WOW..t . e e 61 C CITY OF TIGARD 0_ App roved I ] a.) Conditionally Approved (K ] For only TN the O. AM/4 described 00 PERMIT k ET N. M See Letter to: Follow I I Attach Sw X4 /11? kw I I Site Plan C001 Job Address: 7-�� By: T+4+F, Date: 6 , Charter Mechanical Contractors, Inc. MMD2011 - 00008 EXHIBIT <6 9636 SW Herman Road CHARTER MECHANICAL CONTRACTORS Tualatin, OR 97062 Gould Family Properties VI, LLC c/o Turrett Steel Industries 527 Alando Ave. Charlotte, NC 28206 RECEIVED JUN 0 1 2011 City of Tigard CITY OF TIGARD PLANNING/ENGINEERING Minor Mod — Type I Application TIGARD GENERAL INFORMATION Inl addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address /Location(s): Title 18 of the Tigard Development Code. To complete 7940 SW Hunziker St., Tigard, OR 97223 this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): 2S101CA00400 discussion indicating how the site expansion /change will continue to comply with the maximum setback, building Site Size: 4.28 Acres height, parking, and landscaping standards. Other Applicant* Charter Mechanical Contractors Inc requirements of t his title such as clear vision, solid waste 9636 SW H Road storage, non - con situations, signs, and tree Address: removal may also be applicable depending on the type and City /State: Tua 1 ati n , OR Zi 97062 location of the proposed modifications. Primary Contact: Ri chard Smoke Phone: 503- 709 -3504 Fax: 503 - 691 -1717 E Mail: richard .smoke @chartermechanical.com Property Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) Gould Family Properties VI, LLC (Applications will not be accepted without the following required submittal elements) Address: 527 Alande Ave Phone:704- 342 -4321 City/State: Charlotte, NC Zip: 28206 © Application Form © Owner's Signature /Written Authorization * When the owner and the applicant are different people, the © Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in Site Plan (4 Large Plans & One — Reduced to 8 x 11 ") possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application ® Applicant's Statement /Narrative (4 copies) in the space provided on the back of this form or submit a © 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 p °L.) () discussed within Section 18.360.050(B) — Site Development Case No.(s): Review or Section 18.330.020(B)(2) — Conditional Use. If the Other Case No.(s): 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 Receipt No.: new Site Development Review or Conditional Use Permit. Date: 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 cumin masters \land use apphcations \m.nor mod:fcatson app doe. 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 L 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: o The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. e 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. o 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. o 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 , 20 /I ft 33 (2' j !I Owner's Signie 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 503 -639 -4171 I www.tigarcl- or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT g . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 182675 - 06/01/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2011 -00008 Minor Modification to an Approved Plan 1003100 -43116 $522.00 MMD2011 -00008 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 61205 DADAMSKI 06/01/2011 $599.00 Payor: Charter Mechanical Contractors Inc Total Payments: $599.00 Balance Due: $0.00 Page 1 of 1 Char ter Mechanical May 31, 2011 John Floyd City of Tigard RECEl 13125 SW Hall Blvd ED Tigard OR 97223 Subject: Charter Mechanical Tenant Improvement C' JUN 1 20 11 7940 SW Hunziker St, Tigard OR s G r F , Revised Minor Modification INE bG Gentlemen, Enclosed is a revised Minor Modification — Type I Application for our tenant improvement project at 7940 SW Hunziker Street. Since we have already submitted on this once previously and this is a revised application, I have included a copy of the previous application to aid in the processing of the revision. Note that the only change from our previous application was to move the boundary of our fenced area as shown highlighted by the attached site plan. Included in this application: 1) $599 check for filing fee 2) Minor Modification — Type 1 Application Form (Revised) 3) Minor Modification — Type 1 Decision 4) Minor Modification — Type 1 Application Form (Original) 5) Special Warranty Deed 6) CWS Sensitive Area Pre - Screen Site Assessment 7) Updated Site Plan (4 large copies /1 small copy) 8) Applicant's Statement (4 copies) 9) Tualatin Valley Fire & Rescue Letter Please call me if you have any questions or need additional information to process his application. Thank you. Sincerely, CHARTER MECHANICAL l� Richard Smoke Vice President 9636 SW Herman Road Tualatin OR 97062 -8080 OR CCB 171657 503.691.1700 Fax 503.691.1717 • Land Use Application COMPLETENESS REVIEW REQUEST T IGARD TO: Gus Duanes RETURN TO: John Floyd DATE SENT: October 13, 2010 DATE DUE: June 3, 2010 PROJECT NAME: Charter Mechanical CASE NUMBER: MMD2011- 00000' PROJECT ADDRESS: 7930 SW Hunziker Road (formerly Coe Manufacturing) PROJECT DESCRIPTION: Minor Modification to expand approved fencing and drive aisles at the former Coe Manufacturing site. Previous MMD 2011 -00005 approved enclosure of approximately half of the paved area south of the building. This application would enclose all of the existing paved area. Project Planner Notes: Complete? Yes ❑ No Comments below or R' See Attached 1: \curpin \ masters \completeness review request.docx PUBLIC FACILITY PLAN Project: MMD2011 -00005 Charter Mech COMPLETENESS CHECKLIST Date: April 13, 2011 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. • Geotech study submitted? Not required. STREET ISSUES ▪ Right -of -way clearly shown. ❑ Centerline of street(s) clearly shown. n Street name(s) shown. n Existing /proposed curb or edge of pavement shown. ❑ Street profiles shown. N/A ❑ Future Street Plan: Must show street profiles, topo N /A. Not required for minor mod. on adjacent parcel(s), etc. • Traffic Impact and /or Access Report Because the proposed land use remains consistent with the previous land use, there is no increase in trip generation rates. No traffic study is required. ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ® Other: Street improvements I concur that an agreement be executed with the developer to ensure that the requirements of MLP2004 -00008 be incorporated into the minor mod decision. This would ensure that future street improvements on Hunziker Street are a condition of approval for any future SDR or Major Modification approved for the site. SANITARY SEWER ISSUES ❑ Existing /proposed lines shown. N /A. Tenant improvements primarily. Facility is already served by sewer. ❑ Stubs to adjacent parcels required /shown? N/A WATER ISSUES ❑ Existing /proposed lines w/ sizes noted? N /A. Building is already connected to water service. ❑ Existing /proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing /proposed lines shown? U Preliminary sizing calcs for water quality /detention REVISED: 06/06/11 provided? ® Water quality /detention facility shown on plans? N /A. No additional impervious area is proposed. ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required /shown? The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE By: Date: April 13, 2011 • REVISED: 06/06/11 RECEVED r----777 _ T m n ,JUN o 1 2011 Y OF TIGARD clpAn Water Services File Number 1 1 MAR 2 3 2011 l s' NGINE a CleanWaferVT�'vlces 1 B y , Area Pre - Screening Site Assessment 1. Jurisdiction: Tigard 2. Property Information (example 1S234AB01400) 3. Owner Information Tax lot ID(s): 2S101 CA00400 Name: Ken Tantare Company: Gould Family Properties Address: 105 Pine Street Site Address: 7930 SW Hunziker Road City, State, Zip: Imperial, PA 15126 City, State, Zip: Tigard, OR 97223 Phone /Fax: 877- 577 - 4140/503- 477 -7965 Nearest Cross Street: Wall Street E -Mail: ktantare @turretsteel.com 4. Development Activity (check all that apply) 5. Applicant Information ❑ Addition to Single Family Residence (rooms, deck, garage) Name: Richard Smoke ❑ Lot Line Adjustment ❑ Minor Land Partition Company: Charter Mechanical Contractors, Inc. ❑ Residential Condominium ❑ Commercial Condominium Address: 9636 SW Herman Road ❑ Residential Subdivision ❑ Commercial Subdivision Tualatin, OR 97062 ❑ Single Lot Commercial ❑ Multi Lot Commercial City, State, Zip: Other Exterior redevelopment work on existing light Indty Phone /Fax: 503 - 691 - 1700/503 -691 -1717 building (see item 7 for for description of work) E -Mail: richard .smoke @chartermechanical.com 6. Will the project involve any off -site work? ❑ Yes lig No ❑ Unknown Location and description of off -site work 7. Additional comments or information that may be needed to understand your project Addition by tenant of 5' x 36' landing, stairs and accessable ramp to front (north) face of existing building. This application does NOT replace 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 Own- or et ner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site a : I r•asoble times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with t • inf•'matih contained in this document, and to the best of my knowledge and belief, this information is true, complete, and accurate. Print/Type Name • i : r4. moke Print/Type Title Vice President Signature Iila Date Mar 21, 2011 p FOR DISTRIC USE 40 NLY ❑ 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. ❑ 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. ❑ 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 Stte 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. ❑ his Service Provider Letter is not valid unless CWS approved site plan(s) are attached. 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 PROVID; R LETTER IS • 0UIRED. Reviewed by� z «.� Date .3 / - - 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 • 'Phone: (503) 681 -5100 • Fax: (503) 681 -4439 • wwwcleanwaterservices.org EXHIBIT A NOTICE OF TYPE I DECISION n MINOR MODIFICATION (MMD) 2011 -00005 1111 CHARTER MECHANICAL TI GA RD 120 DAYS = 08 -19 -2011 SECTION I. APPLICATION SUMMARY FILE NAME: CHARTER MECHANICAL CASE NO.: Minor Modification (MMD) MMD2011 -00005 PROPOSAL: The proposed project is for minor site modifications to the existing building and adjacent paved lands at 7930 SW Hunziker. APPLICANT: Charter Mechanical Contractors, Inc. 9636 SW Herman Road Tualatin, OR 97062 OWNER: Gould Family Properties VI, LLC 527 Alande Ave. Charlotte, NC 28206 LOCATIONS: 7930 SW Hunziker, WCTM 2S101 CA, Tax Lot 00400. ZONING DESIGNATION: I -L: Light Industrial District. The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. 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, subject to the Conditions of Approval listed below. The 'findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. The applicant shall insert slat's within the proposed - 6-foot high chain link fence enclosing the southern parking area, in order to provide necessary screening of the parking lot 2. The applicant shall call for final inspection by the Planning Division prior to final building inspection. MMD2011 -00005 Charter. Mechanical Page 1 of 4 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. 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. 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. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; As there is no change in use, the proposal does not increase vehicular traffic to and from the site by 100 vehicles per 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 is no increase in floor area. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the inirthnum 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. Staff has reviewed the history of this site and found no previous conditions that would be modified by this application. Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. MMD2011 -00005 Charter Mechanical Page 3 of 4 Summary Narrative Statement of Proposed Changes Charter Mechanical Contractors, Inc. 7930 Southwest Hunziker Road, Tigard Oregon 97223 Charter Mechanical Contractors, Inc. is a tenant leasing approximately 39,500 square feet of an existing facility at 9730 SW Hunziker Road. The balance of the facility will be occupied by the owner, Sunbelt- Turret Steel. Description of Site 9730 SW Hunziker Road is an existing light industrial facility originally built in 1959 to approximately 28,000 square feet and expanded through 1978 to approximately 75,000 square feet. The site comprises 4.67 acres. Proposed Activities Charter Mechanical proposes the following activities: 1) Construct a new 5' -0" x 36' -0" concrete landing, stairs, accessible ramp and awning on the north face of the building in an existing paved parking lot. 2) Erect a new 6' -0" high chain -link fence in the south yard area of the site on an area that is partially paved, partially graveled. 3) Restripe portions of the existing paved areas to designate code - required parking spaces. 4) No new paving is proposed. Minor Modification Evaluation Criteria Charter Mechanical's proposed activities meet the criteria for a minor modification per Tigard Municipal Code, Section 18.360.050(B) as follows: 1) The facility is not a residential dwelling; there is no increase in unit density. 2) The facility is not a residential dwelling; there is no change in the ratio or number of dwelling units. 3) The changes require no additional on -site parking. 4) There is no change in the type on industrial /commercial structure. 5) There is no increase in building height. 6) There is no change in the type or location of accessways or parking areas. 7) There is no increase in the type of vehicular traffic to or from the site exceeding 100 vehicles per day. 8) There is no increase in the floor area. 9) There is no reduction in area(s) reserved for common open space or usable open space. 10) There is no reduction in project amenities (recreational facilities, screening, landscaping provisions). Charter Mechanical's proposed activities meet the criteria for a minor modification per Tigard Municipal Code, Section 18.330.020(8)(2) as follows: a) There is no change in land use. b) There is no increase in dwelling unit density. c) There is no change in the type or location of accessways and parking areas. d) There is no increase in the floor area. e) There is no reduction in area(s) reserved for common open space or usable open space. f) There is no reduction in specified setbacks. g) There is no reduction in project amenities (recreational facilities, screening, landscaping provisions). h) There is no increase in density. Washington County, Oregon 2011-016307 02/26/2011 11:16:19 AM / _ 0 D -DW Cnt ■1 Stne21 RECORD31 `7 $80.00 $8.00 $11.00 $18.00 $2,813.00 - Total ■ $2,894.00 • After recording, return to: \ Shipman, Sosensky & Marks, LLC 01678430201100183070100108 I, Richard Hobernlcht, Director of Assessment end Attn: Mr. James P. Juliano Taxation and Ex- Offlcio County Clerk for Washington County, Oregon, do hereby cart that She with■n ! ;r . •;,•; "� 20 Batterson Park Road, Suite 120 instrument of writing was received e d ra orded In the r .« . Farmington, CT 06032 b ook of records of said coin /D+M a• • Richard Hobernicht, Director of Assessment and . •ec,g3sd taxation, Ex- Orficlo County Clerk Until a change is requested, all tax statements shall be sent to: Gould Family Properties VI, LLC do Turrett Steel Industries, Inc. ' tY z. .�,� WASHINGTON COUNTY 527 Atando Avenue t, REAL PROPERTY TRANSFER TAX Charlotte, NC 28206 $�Co 13 po a -�5 - k1 ' ` FEE PAID DATE R SPECIAL WARRANTY DEED 0 Dawn New Hunziker LLC, a Washington limited liability company; Wells Co Apartments, LLC, an Oregon limited liability company; Johnstone Family Trust, Hunziker, LLC, an Oregon limited liability company; Youde Family Trust, Tigard LLC, a Washington limited liability company; Michael Lehne, Hunziker, LLC, an Oregon limited liability company; O Suzanne Lehne, Hunziker, LLC, an Oregon limited liability company; and James S. Russell and Karen M. Russell, Trustees of the Russell Family Living Trust U /A/D December 2, 2009, as g Grantor, convey and specially warrant to Gould Family Properties VI, LLC, a Florida limited wy liability company, as Grantee, the following described real property: Parcel 1, Tract A and Tract B of Partition Plat No. 2007 - 064, recorded in the real property records of Washington County, r`_) Oregon as document number 2007100897 which is located in the NW '/ and the SW '/ Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, Lti free of encumbrances created or suffered by Grantor, except as set forth on the attached Exhibit A. The true consideration for this conveyance is $2,612,500.00. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 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 PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON 1 ::ODMA \PCDOCS \PORTLAND \751035\2 rr � ,� � O EA FFICIAL SL S• - '1 VICKI LEE KRYSZAK f t)�" " NOTARY PUBLIC - OREGON () O ) (t . ;* COMMISSION NO. 450879 STATE OF ( MY COMMISSION EXPIRES AUGUST 10, 2014 i( ) SS. County of k tt, 14& O VMa.tL ) The foregoing instrument was acknowledged before me on this I day of ' 2011, by Stephen R. Dougherty, as the Trustee of the Stephen R. Dougherty ' evocable Living Trust, the sole member of Wells Apartments, LLC, an Oregon limited liability company, on behalf of the limited liability company. (- - If Afi Notary Public for J I ,t4L My Commission Expires: iI r Johnstone Family Trust, Hunziker, LLC, an Oregon limited liability company By: Johnstone Living Trust, Sole Member 1, - # A - , By: Arthur F. Johr1s t e, Trustee STATE OF OL ; A ) • ss. County of IL ah .1 »' ) , 4,1 The foregoing instrument was acknowledged before me this 17 of 2011, by Arthur F. Johnstone, as the Trustee of the on Johnstone Living Trust, the sole member of the Johnstone Family Trust, Hunz er, LLC, an Oregon limited liability company, on behalf of the limited liability comp. v 6 ��-`�1 Notary Publi!r 11114711/AV _ (' : ';` VICKI LEE KRYSZAK () My Commission Expires: 411. 1. w6 l am ° I l �" E G ) � ^�' NOTARY PUBLIC -OR COMMISSION NO. 45 ) Y' +MYCOMMISSION EXPIRES AUGUST 10, 2014 () 3 ::ODMA \PCDOCS \PORTLAND \751035\2 Youde Family Trust, Tigard, LLC, a Washington limited liability company By: Youde Family Trust, Sole Member By: James G. Youde, Trustee By: Judith Atwood Youde, Trustee STATE OF ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of 2011, by James G. Youde and Judith Atwood Youde, the trustees of the Youde Family Trust, the sole Member of Youde Family Trust, Tigard, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public for My Commission Expires: Michael Lehne, Hunziker, LLC, an Oregon limited liability company . Michael Le e, Member STATE O' i ) ) ss. County of %i _ l;t L ac! ) • The foregoing instrument was acknowledged before me on this�� day of tcboa r� 2011, by Michael Lehne, the sole Member of Michael Lehne, Hunziker, LLC, an Ore gon limited liability company, on behalf of the limited liability company. � s ,� OFFICIAL SEAL S LEE DWYER • I% �• • • _ • _ ' otary Public fo , e r "� NOTARY PUBLIC- OREGON O COMMISSION NO. 451878 (�� MY COMMISSION EXPIRES SEPTEMBER 20 ,2014 Fj My Commission ' pires: • 4 ::ODMA\PCDOCS \PORTLAND \751035\2 Russell Family Living Trust U /A/D Decemb Tr! , 2009 By: /, / / J mes S. Russell, Trustee By: (1). t(1-k- . Pitit I, Karen M. Russell, Trustee ,N STATE OF Sh,i\ t'A (1) J ) ss. County of D)U 9 Gl.p ) 2 The foregoing instrument was acknowledged before me on this I I ^ day of F 2011, b 1 ssell, who is a Trustee of the Russell Family Living Trust U /A/D December 2��� . � s 9-7i Do,.n0, S -- - bo �-� y ; x '4 1 1. "' + '' l tary Public for Lt h 1 9Cx1 i w LtC �' LAD \►T�iLvol ::.! ? Y t 8 ,: STATE OF • Ah< tl1 . ' y Co Expires: �.P �j 1 ST', c3-c3 i i ngt 11 , 111111111 ss. "FE39,uu(\V Y \Q) aU \ 2% County ofDD‘) G)) G/3 ) The foregoing instrument was acknowledged before me on this , 1 day of Ea, 2011, by Karen M. Russell, who is a Trustee of the Russell Family Living Trust U /A/D December 2, 2009. /11111111/ D9 • Sc6CY) clx: ..0( Notary Public for . I ■ & a &,nk ip N ✓, S �r r i} . i s s i o* � ( .) My Commission Expires: (= I g . 1 A/llllll1r4 6 ::ODMA\PCDOCSWORTLAND \751035\2 EXHIBIT A Permitted Exceptions • 1. Any adverse claim based upon the assertion that: A) The rights of the public and governmental bodies for fishing, navigation and commerce in and to any portion of the premises herein described, lying below the high water line of the Redrock Creek or tributaries. B) The right, title and interest of the State of Oregon in and to any portion lying below the high water line of Redrock Creek or tributaries. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Tigard Water District, a municipal corporation Purpose: waterline and sewer line Recording Date: September 12, 1960 Recording No: 2307, Book 435, Page 312 Affects: Tracts 'A' and 'B' 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Portland General Electric Company, an Oregon corporation Purpose: electric power line Recording Date: September 16, 1971 Recording No: 8020, Book 835, Page 506 Affects: Parcel 1 - being 6 feet in width 4. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 21, 2007 Recording No: 2007 -019321 5. Easement Agreement • Between: Johnstone Family Trust, LLC; Wells Apartments, LLC; Dawn New Hunziker, LLC; Michael Lehne; Hunziker, LLC; Susan Lehne; Hunziker, LLC; James S. Russell; Karen M. Russell, and Youde Family Trust, Tigard, LLC And: Wall Street Industrial LLC, an Oregon limited liability company, and A. Richard Vial Executive Center LLC, an Oregon limited liability company Recording Date: February 21, 2007 Recording No.: 2007 - 019322 Affects: the West 20 feet of Tract 'A' as shown on the recorded plat, and other property also 6. Plat Restrictions as shown on Partition Plat 2007 -064, as follows: 1) This partition is subject to the conditions of approval per City of Tigard Case File No. MLP2004 -00008 2) Tract 'A' shall be owned and maintained by the declarants, their successors or assigns, as a sensitive area buffer 3) Tract 'B' shall be owned and maintained by the declarants, their successors or assigns, as a sensitive area buffer 4) Tracts 'A' and 'B' are subject to a storm sewer, surface water, drainage and detention easement over their entirety for the benefit of the City of Tigard ' � t® www.tvfr.com Tualatin Valley Fire & Rescue May 11, 2011 Tom Switzer 9636 SW Herman Road Tualatin, Oregon 97062 -8080 Re: Charter Mechanical Perimeter Fenceline Modifications. 7940 SW Hunziker Road, Tigard Oregon Dear Mr. Switzer: Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) GATES: Gates securing fire apparatus roads shall comply with all of the following: Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island. Gates serving one- or two - family dwellings shall be a minimum of 12 feet in width. Gates shall be set back at minimum of 30 feet from the intersecting roadway. Gates shall be of the swinging or sliding type. Manual operation shall be capable by one person. Electric automatic gates shall be equipped with a means for operation by fire department personnel. Locking devices shall be approved. Electric automatic gates shall comply with ASTM 220 -5 and UL 325. (OFC D103.6) Please provide a gate detail for review and approval prior to installation. 2) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (OFC 506.1) Provide a Knox box near the main entrance to the building and Knox padlocks at each vehicle gate. Padlocks are to be daisy chained with the owner /occupant padlock as to provide access to both the owner /occupant and fire district. 3) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a % inch stroke. (OFC 505.1) If you have questions or need further clarification, please feel free to contact me at 503 - 649 -8577. Sincerely, Duca, 5. 136D,04 Drew DeBois Deputy Fire Marshal II Copy: File, COT North Operating Center Command & Business Operations Center South Operating Center Training Center 20665 SW Blanton Street and Central Operating Center 7401 SW Washo Court 12400 SW Tonquin Road Aloha, Oregon 97007 -1042 11945 SW 70" Avenue Tualatin, Oregon Sherwood, Oregon 503 -649 -8577 Tigard, Oregon 97223 -9196 97062 -8350 97140-9734 503 - 649 -8577 503 -649 -8577 503- 259 -1600 4o ,-) IA Ie‹. vti-) r" ---- lase: o.w...� III 19 b 27 22 24 M i+ ... 111111111 3 E 0 1� 1 411111Wi :C I 1 . ( ' \ . 42 ; I - - -- µ =— i � : to v - _ Existing Building S (Tax Lot ID 2S101CA00400) cmrt. �. ryry .i 1 L ilIMI — I ( 30.125 spun faN)`, T ® ,; r \ I 3 w H a \ 61 «,}_. w 1 \ sous n,oWe M 404 sr ....ZN S4 u s, ae wa la la n � � --->""' . sr 111 11wa , 11 w Ill a w ,/ / \ APPROVEn •• •-4- • ••• ® CONDITIONALLY APPRCTVED__40 c MONO ESAI MORROW OF co a BEE PO WTTEA o N X / a MANS EXAMINER DAM (n TA..), ex- Ar /croY Q OM, E LK' 04- Ia G ✓oCur 0 11_, a rtW Site Nair" ,a.c.,,rs> (c,,,,e - C001