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MMD2011-00010
I1 AFFIDAVIT OF MAILING MI TIGARD 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 folowing: {Check Approprute Box(s) Below) © NOTICE OF DECISION FOR: MMD2011- 00010 /RED ROCK CENTER (File No /Name Reference) 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 Se tember 13, 2011, and deposited in the United States Mail on September 13, 2011, postage prepaid. / (Person that Pre ed Notic- C STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn /affirmed before me on the / (D day of S4 --� , 2011. GLUM J SAN i ( i NOTARY PUBLIC - OREGON \' J COANN88NOI NO. 45813 Ali X, INIS • 'OA- ) NOTARY PUBL OF OREGON My Commission Expires: 1 9, Z. U (S EXHIBIT A NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2011 -00010 RED ROCK CENTER T I GARD 120 DAYS = 10/28/2011 SECTION I. APPLICATION SUMMARY FILE NAME: RED ROCK CENTER MINOR MODIFICATION CASE NO.: Minor Modification (MMD) MMD2011 -00010 APPLICANT: Jon Anderson OWNER: Douglas Fry Anderson Dabrowski Architects, LLC 908 Deborah Rd 1430 SE 3rd Avenue, Suite 200 Newburg, OR 97312 Portland, OR 97214 REQUEST: Douglas Fry had applied for detailed development plan review for Red Rock Center (PDR2010- 00002). The Planning Commission approved the detailed development plan by Final Order No. 2011 -01 PC. Now, the applicant is requesting a minor modification to the approved detailed development plan, which would change the red standing scam metal roofing material to a black architectural asphalt shingle for those pitched portions of the roof of Building A. However, since Chapter 18.350, Planned Developments, does not provide for minor changes to approved detailed development plans, the applicant has also requested an interpretation to allow minor modifications to approved detailed development plans through a Type I procedure. The Director issued an interpretation, as requested, providing notice of the interpretation through a Type II procedure. This minor modification request is being processes pursuant to the Director' Interpretation (DIR2011- 00001) as a Type I decision. LOCATION: The property is located south of SW Dartmouth Street east of SW 72nd Avenue; Washington County Tax Map 2S101AB, Tax Lots 00100 and 00300. ZONES/ COMP PLAN DESIGNATIONS: C -G (PD): General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a City -wide and even regional trade area. Except where non - conforming, residential uses are limited to single - family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. (PD): The property has a planned development overlay designation. The purposes of the planned development overlay zone are: 1) To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application of flexible standards which consider and mitigate for the potential impacts to the City; 2) To provide such added benefits as increased natural areas or open space in the City, alternative building designs, walkable communities, preservation of significant natural resources, aesthetic appeal, and other es of assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code; 3) To achieve unique neighborhoods RED ROCK CENTER MINOR MODIFICATION (MMD2011- 00010) PAGE 1 OF 6 (by varying the housing styles through architectural accents, use of open space, innovative transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing neighborhoods through appropriate buffering and lot size transinoning; 4) To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.) through the use of a planning procedure (site design and analysis, presentation of alternatives, conceptual review, then detailed review) that can relate the type and design of a development to a particular site; 5) To consider an amount of development on a site, within the limits of density requirements, which will balance the interests of the owner, developer, neighbors, and the City; and 6) To provide a means to better relate the built environment to the natural environment through sustainable and innovative building and public facility construction methods and materials. MUE: Mixed -Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed -use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and I -5. This zoning district permits a wide range of uses including major retail goods and services, business /professional offices, civic uses and housing; the latter includes multi - family housing at a maximum density of 25 units /acre, equivalent to the R -25 zoning district. A wide range of uses, including but not limited to community recreation facilities, religious institutions, medical centers, schools, utilities and transit- related park- and -ride lots, are permitted conditionally. Although it is recognized that the automobile will accommodate the vast majority of trips to and within the Triangle, it is snll important to 1) support alternative modes of transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate antra- district pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City through the legislative process. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390 and 18.620. SECTION II. STAFF DECISION ".' 'rt LW a �. "'.f' " ,1 ,n� �. �, „ "^v ,�' "° ,' .. i ice° r f,H k t a,' 7T. "�� � ` �` - '� - ��',,�3" — �. : , � ;,,; � ^ 'K':t „� t y ,a.• 'd'�!. ";.� � i_� �i� �"' . =RO i�;. • "'1 *,:f °,,,�,• � �1� '�J�?'�,� ",�' �.a.?k: Staff ' t hats, the` p roposed,; miri'ot�•modification�,�to �tlie, appYOVedtPlanned, Devel'opment,aD'etaile RPlari� thex • • a licab'i' 'A "rov, "al',Stariclar r ` i I t7' e D ' ;. # E + d •. _ �i pp e ; outlued "iri;�tfii`s;repo_rt:iaricl�• inconsistent, n�vithl�th` e�Direetor�s .YInterpre_tationlcrt'teria 'ford; r .,.. ,.�. ,..� � . a � r �.:ne.,..a: et'- �.: h< 'k � ;,„ � vr� � ,�. r,�',` r ,�: a'�' , � @r?�i': �"" _,'.. minor'mod's -for comet_ ercialr' developments: tTlaexefore ' s Sof the op osed `modification . a ! �M 3 is � s., i�`h P°e P�.r,Q, t'. );pi "4_ ; k *fir4, ' � ,Y �i , d'F''ezY T, A§ ,,`- #?'r414 :4t-T SECTION III. BACKGROUND INFORMATION Site History The subject site is vacant land located between SW 70th and 72nd Avenues and between SW Dartmouth and SW Elmhurst Streets. The Planning Commission approved the Red Rock Concept Plan for PDR2008 -00003 under Final Order No. 2009 -01 PC. Sensitive Lands Review and approval (SLR 2010 - 00002) was also obtained for the associated Red Rock Creek drainage and wetland enhancements on portions of the subject site. Subsequently, the Planning Commission approved the detailed development plan under Final Order No. 2011 -01 PC. Vicinity Information The subject 4.09 -acre property is zoned primarily C -G (PD) with a 0.90 acre parcel in the southeast corner zoned MUE. The property is surrounded on the north and west by C -G (PD) zoned land, and on the south and east by land zoned MUE. The area to the south along Elmhurst zoned MUE, is a neighborhood in transition where, of a total of seven residences, two are vacant and two others are for sale. Of the three residences adjacent to the subject property, one appears inhabited. The area north across SW Dartmouth is developing with site development approvals for all parcels located between SW 68th and SW 72nd. Proposal Description The applicant requests approval for minor modification to the approved planned development detail plan (PDR2010- 00002 ) under Final Order No. 2011 -01 PC. The proposed modification would change the red standing seam metal roofing material to a black architectural asphalt shingle for those pitched portions of the roof of Building A as shown in Exterior Elevations (Sheet A4.0). RED ROCK CENTER MINOR MODIFICATION (MMD2011- 00010) PAGE 2 OF 6 SECTION IV. DECISION MAKING PROCEDURES Type III procedures apply to quasi-judicial permits and actions that contain predominantly discretionary approval criteria. Type III -PC actions are decided by the Planning Commission with appeals to the City Council. As the proposal is a modification of Planning Commission Order No. 2011 -01 PC, a Type III -PC procedure would be applicable. However, since Chapter 18.350, Planned Developments, does not provide for minor changes to approved detailed commercial development plans, the applicant also requested a Director's Interpretation to allow minor modifications to approved detailed commercial development plans through a Type I procedure. The Director issued an interpretation, as requested, providing notice of the interpretation through a Type II procedure. This minor modification request is being processed pursuant to the Director' Interpretation (DIR2011- 00001) as a Type I procedure. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS The applicable review criteria for the proposed modification to the detailed plan, including material changes to Building A are contained in Community Development Code Chapters: 18.350, Planned Developments; 18.620, Tigard Triangle Standards; and Director's Interpretation DIR2011- 00001. Proposed Modifications to Building A Elevations In PDR2010 -00002 the applicant proposed a "pre- finished metal roof (Narrative, page 55). Pad A Floor Plan and Elevations, Sheet A3.1 (dated 6- 13 -10), shows standing seam metal roofs on the pitched portions of the roofs located at three corner towers. With this minor modification request the applicant proposes changing the pitched roof material on the towers from Colonial Red Metal Roofing to Certainteed Moire Black Asphalt Shingles as shown in the applicant's Red Rock Minor Modification exhibit, Sheet A4.0 (dated 6 -24- 2011). The applicant also requested adding secondary entries to Tennant areas A and B and to shift the ADA parking spaces in front of the east tenant space toward the east for grade concerns. However, these additional changes do not require modification as they do not relate to specific land use approval standards and were not otherwise identified as elements of concern by the Planning Commission. 18.350 — (PLANNED DEVELOPMENTS) 18.350.070 Detailed Development Plan Approval Criteria A detailed development plan may be approved only if all the following applicable criteria are met: The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: a. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parkin; b. The change reduces the amount of open space and landscaping; c. The change involves a change in use; d. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and e. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. FINDING: The applicant proposes changing the pitched roof material on the towers from Colonial Red Metal Roofing to Certainteed Moire Black Asphalt Shingles. The modification is minor and does not include any changes that would make the detailed plan inconsistent with the concept plan. Therefore, the proposed modification can be approved consistent with the applicable standards of the Planned Development chapter. 18.620 — (TIGARD TRIANGLE DESIGN STANDARDS) 18.620.010 Purpose and Applicability A. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Tigard Triangle. These design standards address several important guiding principles adopted for the Tigard Triangle, including creating a high - quality mixed use RI :D ROCK CI'.N'I'RR MINOR MODIFICA'T'ION (iMN1D2011 -00010) PAGE 3 OF 6 employment area, providing a convenient pedestrian and bikeway system within the Triangle, and utilizing streetscape to create a high quality image for the area. 18.620.040 Building Design Standards All non - residential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in Section 18.370.010 C2, criteria for granting a variance, is satisfied. 4. Building Materials - Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The proposed modification replaces standing seam metal roofing with asphalt shingles. These materials are generally accepter finishes and do not include any prohibited materials, consistent with this standard. 5. Roofs and roof lines - Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. The proposed modification does not alter the building's structural system. According to the building's architect, Jon Anderson, the "change will better match the overall texture and style of the building. We feel that the bright red metal roofing is too bright and hash to complement the overall aesthetics of the building. The three areas with the pitched roofs (rotunda and two pillars) are taller than the surrounding building giving these architectural features prominence in the building; if the shingles are used this will allow the features to accentuate the rest of the building instead of over power." No false fronts or false roofs are proposed. The proposed modification is consistent with this standard. FINDING: As shown in the analysis above, the proposed modification is consistent with the applicable Tigard Triangle Design Standards. DIRECTOR'S INTERPRETATION DIR2011 -00001 (Minor Modification(s) to Approved Detailed Development Plans for Commercial Planned Developments) There have been instances where the owners/developers of planned commercial developments have desired to change minor exterior details and /or materials of buildings that are part of detailed planned development approvals. This can occur when approved plans are for speculative developments that are later subject to revision for tenant customization, as is the case for this modification request. II. ANALYSIS Chapter 18.350 does not provide for minor changes to approved detailed development plans, as is provided for non - planned developments through Section 18.360.050.B for Site Development Reviews. Therefore, because the code is mute on minor modifications, any change to exterior details and /or materials reviewed and approved by the Planning Commission must be reviewed again by the commission through the Type II1 -PC procedure. This procedure is disproportionately burdensome for applicants when minor changes to exterior architectural details or materials are necessary to address tenant preferences, availability of specific materials, or practical aspects of construction and /or engineering requirements. DIR2010 -00005 addressed the same issue for residential planned developments only. Clarity is needed to identify the extent of changes that can be made to exterior details and /or materials without triggering a modification of the prior approval through the Type III -PC procedure. This matter is important to developers and investors who purchase entitled Planned Developments, because of the need to develop projects that can be responsive and therefore competitive in the contemporary market or to address practical construction and engineering considerations. It is also in Tigard's interest to have a process proportionate to the very minor impacts associated with making needed c:ianges to details and /or materials. Tigard's interest is to ensure these types of minor changes do not prevent the timely construction of approved commercial projects. ai: ii ROCK CEN'I'I,R MINOR MODIFICATION ION (MMD2011- 00010) PAGE 4 OF 6 III. INTERPRETATION Chapter 18.350 is interpreted as allowing minor changes to the exterior details and /or materials of buildings that are art of approved commercial detailed development plans, such as color schemes, adding or enlarging/ windows and doors, roofing and siding materials, eaves, building offsets, bands, etc., without reconsideration of the prior Planned Development approval by the Planning Commission. To utilize this interpretation, the owner /developer shall undertake a Type I review with city staff to show how changes to the exterior details maintain or increase the project's compliance with development approval. This interpretation addresses building exterior details and /or materials only. It does not include wholesale changes to materials of lesser quality such as natural brick to synthetic materials or changing building heights, footprints, roof lines or slopes or other structural features. Also, the interpretation does not apply if the result would be contrary to any building or site design related condition of approval. Also, the interpretation does not abrogate a responsible party's obligation to obtain all required building and other permits to accommodate the changes. FINDING: The owner applied for this Type I review to show how changes to the exterior details maintain the project's compliance with development approval. The modification request is for building exterior materials only. It does not include wholesale changes to materials of lesser quality such as natural brick to synthetic materials or changing building heights, footprints, roof lines or slopes or other structural features. The proposed modification would not be contrary to any building or site design related condition of approval. CONCLUSION: Staff finds that the proposed minor modification to the approved Planned Development Detailed Plan meets the applicable Approval Standards as outlined in this decision and is consistent with the Director's Interpretation criteria for minor mods for commercial planned developments. Therefore, Staff approves the proposed minor modification. 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 SEPTEMBER 13, 2011 AND BECOMES EFFECTIVE ON SEPTEMBER 14, 2011. RFD ROCK CENTER MINOR MODIFICATION (MMD2011- 00010) PAGE 5 OF 6 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. �' September 13, 2011 APPROVED B� : Gary P3genstecher DATE Associate Planner Attachments: Exterior Elevations (Sheet A4.0) Vicinity Map RED ROCK CIENTI R MINOR MODIFICATION (MMD2011- 00010) PAGF: 6 OF 6 MATERIALS LEGEND ----,.-- Ell STUCCO LI-1 E FIBER CEMENT LAP SIDING FINAL APPROVAL z CULTURED STONE VENEER CITY OF TIGARD PLANNPN.G D.IVISiON Ir. U CLOTH AWNING 0 ASPHALT SHINGLES B 617 DATE 7 - (( 1 0 r:4 u-i 1:4 1 -1 , , ---- !i la:all ,;-:,,,;,---.::,-,-,. .:-:-':,:' il ,--q' ?; , ...atistilli,zz-s' ' ,— '- Iw . ..4; , 11111111111111211SERES - t: ANDERSON ": ' . . 7 :1 — ' 1 '"' 4-' : :7 /-,-^ - ''''' -----f T T - .., , - Z; 0 ' DABROWSKI _ ,; isag :::.,,,, . , , , - _ _ - . ...._.." IL I IIII .;„ : Ill II. A EB , HI . cir77:11: : :1 it 11111c1•5 ,, ,,_ ,-''' ,, Entill t,,. ARCHITECTS L LC Lill° (''''—....7''''72:' - - - 1.111111111111 111111111111111 - / '1 m ; 4a,„., ., " 7 "11154 MVORM II= ILE II. MI liii - Il=EW-: Illu Ilit KAilii if) --....„.....,.,- .... .2„..,__,,....„..:„............ . ___...........„,....,,,„, .,,,,,,,,.,„..... , Portend Offica 140 SEM,. Ste AO 1. NORTH ELEVATION 'r,v,gt3R F OM, MB 7127 7"--'■oditgatattraha■. 7..` . 7 FTS . .. '1 1 : 7 re, 1 . : . FL - 111111111111111211V 7MISISISOMMIBT ' • U F — — ,■:,= .0 0.001(CFNIM .. El NEM III 1111, ntret71 MEI 411111111111121 Mill ma Nil ■I .1 F0 - , ININIENIEN :: Eir . 2 CI 'S,--- alka 1111111V,111 II:: Egon, :IM1111111111 1113-1. MINOR MODIFICATOX swnp To.E. evr omm.cvnier mmo OR EXIIIEStr DOCUMENTS ..las il min II : ....a...,.....-;', i • -7 ' .. ,. IS . r ... ■ . ErZin '---.2 — • ■. gm 2. EAST ELEVATION 3. WEST ELEVATION ... — Fl. F.". egleumm 0 r2; 0.•37% — 4.LMIti ': ::`,:,:y: 4 .YZ.,.- - - ".....iitikini: - .. , ,, 4 fl: — "c AllE0119/11121111 y ib Z — ..',:,—_,, - z „., :: R EC E 1 V E D 07. r....vr, in , 0,. _Eng! „Rukttir ' - :, , „, , _ „ _. „ ,, _ s ji: ,...T.. q ', isms - 'moo :I tom 1 • RINI: 4 :IIA .. m. Milu- MINI Aril I , :i lillil , mei Fmk y.-iiii _47 7 Eno. JUN 3 0 2011 n a _ _ '-: -111111111 , ''''l --.r _ nMINOPHIllittritagialimeg=memlin = CITy OF TIGARD PLANMMI/ENGINEERING 4 SOUTH ELEVATION .som a ,poyel I _ BAYLOR ST . - VICINITY MAP �( > IAA r x LLI � r = MMD2011 -00010 - _ r • ; I 3 = iiiiii[r.si 11111 CLINTON ST � I CLINTON ST c _ - p tb . . , MI • ' -- � Subject Site -" a or DARTMOUTH ST `r — — , - - - :;. _________MOMER„ ..-- .. iviim -.'4. gilt La 1 IMO rr:1 EL11rI)1913ST'ST r 4 ` i I l l ELMHURSTST L.L j iE j tO _ -1 03 Inromlauon on mis map Is for general bcatlon only and should be rified with the NFIrgaiiiirA? - _ _ - - - Develoent Servicvees Division. Approx scare t:a uvu - T In = sss n — t, - _ map printed at 11 AM on 1 i -Sep -n f(•/ FRANKLIN �y DATA IS DERIVED FROM MULTIPLE SOURCES THE COY OF TIGARD — r ° • FRANKLIN ST MAKES NO WARRANT', REPRESENTATION OR GUARANTEE AS TO THE CONTENT. ACCURACY TINIGUNGSJ Oft •OMPI2TenGSS Or MT Q THEOAIA PROVIDED HEREIN THE GI, OF TI'aARD SHALL ASSUME NO LIABI �'ty' ( r - LIT ANY ERROR, S O ri OMISSIONS, OR INACCURACIES IN THE II `__ a ' - , - f J I mm YV FO R nvrvrnw uc u x� F - Q umy of I Igaro � S I D 13125 SW Hall Blvd a • ' " -- F flGAR Aps Tigard, OR 97223 i� Feet n ; M 593 639-4171 e 0 500 BEVELAND RD I ■ � www.tigardor.gov T1, ft ] -I f 1 I J EXHIBITo Jon Anderson MMD2011 -00010 Anderson Dabrowski Architects, LLC RED ROCK CENTER 1430 SE 3r Avenue, Suite 200 Portland, OR 97214 Douglas Fry 908 Deborah Rd. Newberg, OR 97312 Red Rock Business Associates, LLC 23077 SW Newland Rd. Wilsonville, OR 97070 2S101AB00300 RED ROCK BUSINESS ASSOCIATES LLC 23077 SW NEWLAND RD aar WILSO NVILLE, OR 97070 f3 // 2b� 2S101AB00100 6 L l l'°\--6-(--) RED ROCK BUSINESS ASSOCIATES LLC 23077 SW NEWLAND RD WILSONVILLE, OR 97070 RECEIVED 4 ,,,y - JUN 3 0 2011 �. ' City of Ti gard CITE! OF TIGARD _ ` Minor Modification — Type I Application � G' � GENERAL g - TI In addition, the Director must find that the proposed ' V et n n , � change is m compliance with all applicable requirements of Pr Address Location(s): 7 1J� Title 18 of the Tigard Development Code. To complete - �Ut^'' DO WD review, the Applicant's proposal must include a Tax Map _& Tax Lot #(s): *WI , IL DO(D ► discussion indicating how the site expansion /change will .i �'j'�` / ' ) continue to comply with the maximum setback, building Site Size: 410, 32? height, parking, and landscaping standards. Other ����� requirements of this title such as clear vision, solid waste 1. ✓.. , .� . Applicant *: i!I � / AA �i�L •i�LL'm... storage, non- conforming situations, signs, and tree Address: I4& V " T . cuCie 2 removal may also be applicable depending on the type and City/State: 1 DiL zip: q7214- location of the proposed modifications. Primary Contact:JUv1 Av d'si i Phone: 15'23 0'03 23q -7:527 E -Mail: 1 c� y Q A?Guu+rf • C. m Propertty Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) PAV (Applications will not be accepted without the MW/teck following required submittal elements ) Addres: Phone: ^2 , City /State: Mli l orep Zip:CM/7 C'1" Application Form . g 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 IN 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 ® 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 M /� Z O discussed within Section 18.360.050(B) - Site Development Case No (s): veal 0 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): /' D 47.vlO -oO no z - more of the criteria, a Major Modification review is required. D 1 t�'S n 00/ Major Modifications are processed in the same manner as a Receipt No.: / new Site Development Review or Conditional Use Permit. Date: i Qr3 0 i I r 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 ' \C°rpi° \'pastes \land use application, \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 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 1 ww -or goy 1 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 m 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 , 20 Lir Owner' - Si . • . tur • 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 I www.tigard-or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639 4171 T t.GARD Receipt Number: 183120 - 06/30/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2011 -00010 Minor Modification to an Approved Plan 1003100 -43116 $522 00 MMD2011 -00010 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 Credit Card 71031A KPEERMAN 06/30/2011 $599 00 Payor: Brian Keicher Total Payments: $599 00 Balance Due: $0 00 Page 1 of 1 • r ?� �� Z -l�� r l Washington County, Oregon 8011. 042536 06/11/2011 11:27:26 AM 0-0131 Ont.! stn -22 I REED $1600 $1.00 f $11.00 $16.00 - Total • 84E00 l II1IIIIIIII1IIIIIII I l IIIIIIIIIIIIIII IIIIIII 0180559920 10042538003003 RECORDING REQUESTED BY: I. Richard Holmmlcht, Director of Assessment and 6 • Fidelity Company of Oregon m National Title Com an Taxation and Ex-Odo County Clerk for Washington County, Oregon, do hereby witty Mat the within GRANTOR'S NAME' Instrument of writing was recslvee a re orded In the k book of records of said eoupax / R lcherd HobernlcM, Director o A ssessment end �` 4p ' u Douglas Fry nclo County �'�'� Taxation, Ex-Of GRANTEE'S NAME: Red Rock Business Associates LLC SEND TAX STATEMENTS TO: to Red Rock Business Associates LLC 23077 SW Newland Road Wilsonville, OR 97070 r AFTER RECORDING RETURN TO: Q Red Rock Business Associates LLC I 23077 SW Newland Road In Wilsonville, OR 97070 I Escrow No: 20110027775- FTPOR07 SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED — STATUTORY FORM (INDIVIDUAL or CORPORATION) 0 Douglas Fry, Grantor, conveys to Red Rock Business Associates LLC, an Oregon limited liability company, Grantee, the following described real property, situated in the County of Washington, State of Oregon, SEE LEGAL DESCRIPTION ATTACHED HERETO 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 LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER 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. The true consideration for this conveyance is $0 00 (See ORS 93.030). Dated: June 7, 2011 ::•.• = ,. ., : 6.X91 t1l0 Gf • BY: - %oug as fl. ' ry of OREGON County of Clackamas This instrume t , =s acknowledged before me on JUG f , 20// by Douglas* Fryy ix ., �: ,:� p��- )'411`9 Sti • Notary P : i :s • to of Oregon l 4 0 1 My com is -ion expires: 14497 (�// 20110027775- FTPORO7 Deed (Bargain and Sale — Statutory Form) OFFICIAL = GEOFFREY S WALSH NOTARY PUBLICOREGON , 'A COMMISSION NO. 445437 EXHIBIT "ONE" LEGAL DESCRIPTION PARCEL 1: A portion of that certain tract as described in Book 262, page 471, Washington County Deed Records and State of Oregon, as follows: Beginning at the Southeast corner of the George Richardson Donation Land Claim No. 38 in Section 1, Township 2 South, Range 1 West, of the Willamette Meridian; thence North 3 °10' West 236 feet to a point, thence North 88 °34' East 359.5 feet to the true point of beginning of the tract herein to be conveyed; thence North 0 °20' East 215 feet to a point; thence South 88 °34' West 107.4 feet to a point; thence North 0 °20' East 210.65 feet to a point; thence North 88 °34' East 307.4 feet to a point; thence South 0 °20' West 425.65 feet to a point; thence South 88 °34' West 200 feet to the point of true beginning of this description. EXCEPTING THEREFROM the following: Beginning at a point which bears North 88 °34' East 75 feet from the Southeast corner of Parcel II of that tract deeded to C.J. and D.A. Fleming recorded in Book 266, page 23, Deed Records, Washington County, Oregon; said point being North 3 °10' West 451 feet and North 88 °34' East 330.23 feet from the Southeast corner of the Geo Richardson Donation Land Claim No. 38, thence running from the true point of beginning North 0 °20' East 210.65 feet to a point; thence North 88 °34' East 75 feet to a point; thence South 0 °20' West 210 65 feet to a point; thence South 88 °34' West 75 feet to the place of beginning. FURTHER EXCEPTING THEREFROM the following: Beginning at the Southeast corner of Parcel II of that tract of land deeded to C.J. and D.A. Fleming recorded in Book 266, page 23, Deed Records, Washington County, Oregon, said point being North 3 °10' West 451 feet and North 88 °34' East 255.23 feet from the Southeast corner of the Geo. Richardson Donation Land Claim No. 38; thence running from the true point of beginning North 0 °20' East 210.65 feet to a point, thence North 88 °34' East 75 feet to a point; thence South 0 °20' West 210.65 feet to a point; thence South 88 °34' West 75 feet to the true place of beginning. FURTHER EXCEPTING THEREFROM the following: A portion of that tract of land conveyed to Emil Nordling, et ux, by Deed recorded October 29, 1954 in Book 362, page 67, Deed Records of Washington County, Oregon: Beginning at the Southeast corner of the George Richardson Donation Land Claim No. 38 in Section 1, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon; thence North 3 °10' West 236 feet to a point; thence North 88 °34' East 459.5 feet to the true point of beginning of the tract to be herein described; thence North 0 °20' East 185 feet; thence North 88 °34' East 100 feet to the East line of the aforementioned Nordling Tract; thence South 0 °20' West along said East line 185 feet to the Southeast corner thereof; thence South 88 °34' West 100 feet to the true point of beginning. FURTHER EXCEPTING THEREFROM the following: Beginning at the Southeast corner of the George Richardson Donation Land Claim No. 38, in Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; thence North 3 °10' West 236 feet to a point; thence North 88 °34' East 359.5 feet to the true point of beginning of the tract herein described; thence North 0 °20' East 185 feet; thence North 88 °34' East 100 feet; thence South 0 °20' West 185 feet; thence South 88 °34' West 100 feet to the true point of beginning. TOGETHER WITH an easement for road and street purposes described as follows: Beginning at a point North 3 °10' West 421 feet from the Southeast corner of the George Richardson Donation Land Claim No 38, in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88 °34' East 370.8 feet to a point; thence North 0 °20' East 30 feet to a point; thence South 88 °34' West 362.63 feet to a point; thence South 3 °10' East 30 feet to the point of beginning. PARCEL 2 Commencing at the Northwest corner of Lot 1, in Section 1, Township 2 South, Range 1 West, or the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence Southerly along the West line of said Lot, 368 feet to a point; thence North 88 °94' East 575 feet, more or less, to the East line of said Lot 1; thence Northerly following the East line of said Lot 1, 368 feet to the Northeast corner thereof; thence Westerly along the North line thereof 608 feet to the place of beginning. EXCEPT THEREFROM the following: Beginning at the Northwest corner of Lot 1, Section 1, Township 2 South, Range 1 West, of the Willamette 20110027775- FTPOR07 Deed (Bargain and Sale — Statutory Form) Meridian, in the County of Washington and State of Oregon; running thence Southerly along the West line of said lot, 368 feet to the true point of beginning of the tract to be herein described; thence North 88 °94' East 238 feet to a point; thence Northerly parallel to the West line of said lot a distance of 125 feet; thence South 88 °94' West 238 feet to a point on the West line of said Lot 1; thence Southerly 125 feet, more or less, to the point of beginning. AND FURTHER EXCEPTING THEREFROM that portion dedicated to the public by Deed recorded October 8, 1999, Recorder's Fee No. 99- 114855. 20110027775- FTPOR07 Deed (Bargain and Sale — Statutory Form) .1, RECEIVED JUN 3 0 2011 / CITY OF TIGARD /1 PLANNI(CIP',lGINEERING • June 24, 2011 Current Planning Division • Attention: Gary Pagenstecher Permit Center Building 13125 SW Hall Blvd. Tigard, OR 97223 RE: Red Rock Center Minor Modification, Type I Application - Applicant's Statement Dear Mr. Pagenstecher, The following letter outlines our request to make some minor modification to the approved Detailed Plan Application based on tenant input. When we made the original Detailed Plan Application we did not have tenants. We have since met with the tenants and are requesting the following changes: 1. Changing the pitch roof material from Colonial Red Metal Roofing to Certainteed Moire Black Asphalt Shingles. This change will better match the overall texture and style of the building. We feel that the bright red metal roofing is too bright and harsh to complement the overall aesthetics of the building. The three areas with the pitched roofs (rotunda and two pillars) are taller than the surrounding building giving these architectural features prominence in the building; if the shingles are used this will allow the features to accentuate the rest of the building instead of overpower. 2. Add secondary entries to Tenants A and B (first two tenants on the west side). Tenants A and B have requested staff entry doors into their space so staff does not have to enter through the waiting room. These new doors will be on the south side (parking lot side) of the building. These added doors will be architecturally less prominent than the suite entry doors. a. To accommodate Tenant A's requested door, the bike rack layout has been slightly modified. The overall count of bike racks has been unaltered. 3. Shift the ADA parking space in front the east tenant to the east two spots. More detail was added from the Detailed Plan Application to the final construction documents. This showed that the slope from the ADA parking stall to the front door slightly exceeded the maximum slop allowed by code; this shift will correct this error. Neither the overall parking count nor the ADA parking count is altered by this change. According to section 18.360.050B and 18.330.020B2, we are not making many changes that shall be determined major modifications because we are not changing land use, density, ratio of dwelling units, parking requirements, construction type, increasing height, access ways, parking areas where off -site traffic would be affected, vehicle trips per day, floor area, usable open space or project amenities by more than 10 %. ANDERSON DABROWSKI ARCHITECTS, LLC 1430 SE 3Y Avenue, Suite 200 Portland, Oregon 97214 Tel 503 239.7377 Fax 503.239 7327 Thank you for your consideration to this request. Thank you, . Jon Anderson, AIA, NCARB Principal Anderson Dabrowski Architects, LLC • ANDERSON DABROWSKI ARCHITECTS, LLC 1430 SE 3rd Avenue, Suite 200 Portland, Oregon 97214 Tel 503.239 7377 Fax 503 239.7327 • w . 1— SW DARTMOUTH STREET I W t - ." l• - I- ' ' - ' ' - ' ' - _„-;,.;0, Ilro ( :—.2 ( 7----- ? ( 7,--- - - : -± F. 0 W BUILDING B- 1��� I 1 �, I, I P4 III 7 k5 .• .» BUILDING A uw•` I ,� i,1255p FT I th 11,115 SO FT 1 W _Y : + 1 ;- `, RETAIL -3 MEDICAL OFFICE 8]5 3850 `� + , _ MEDICAL ` 1 P4 Q A r v } ", !� o o cow OFFICE- 11,115 ,` `:5 ;,. 1 co WET >_. ; C--,-..Ti; : : pi " = II':a * _ ' RESERVE ' -4, F ..,,,Til ,. , I � 1 $ 6 / � � 'a' I ! • - - - 11k ? r ,,��� Vi n: _ I II it -.=-•'- , ,', I I , L i ,: ,_. 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