MMD2013-00019 NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013 -00019
ENGINEERING FOR KIDS T [GAR D
120 DAYS = 9/4/2013
SECTION I. APPLICATION SUMMARY
FILE NAME: Engineering for Kids
CASE NO.: Minor Modification (MMD) MMD2013 -00019
PROPOSAL: The proposal is a change of use for a tenant space, Suite A, at Pacific Terrace
shopping center. The space, approximately 1,043 square feet in size, is changing
from personal services to a day care use. This modification will not affect existing
building height or setbacks and will not result in additional square footage to the
building.
APPLICANT: Oregon Business Architecture
Attn: Dan Young
PO Box 80301
Portland, OR 97280
OWNER: Woodrow & Edith Smith
DBA Pacific Terrace Shopping Center
621 SW Morrison Street
Portland, OR 97205
LOCATION: 11505 -A SW Pacific Highway
WCTM 1S136AD, Tax Lot 04000
ZONING
DESIGNATION: C -G: 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. A wide range of uses are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
MMll2013 -00019 ENGINEERING I :0R KIDS Page 1 of 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11505 -A SW Pacific Highway, on the north side of Pacific Highway within the
Pacific Terrace shopping center, which is approximately 2 acres in size. The site is developed with four
commercial buildings, associated parking lot and landscaping. The site has approximately 106 parking
spaces that serve the existing uses.
Proposal Description:
The proposal is a change of use for a tenant space, Suite A, at Pacific Terrace shopping center. The
space, approximately 1,043 square feet in size, is changing from personal services to a day care use. The
proposal includes interior changes to accommodate a new tenant, Engineering for Kids. The proposed
day care use requires 2 parking spaces per classroom; the tenant will have one classroom, which
requires 2 spaces. The previous personal service use required 2.5 spaces per 1,000 square feet;
therefore, the proposed use does not require additional parking.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The proposed change in use requires a Minor Modification to approved plans or existing
development. Section 18.360.060.0 states that a minor modification shall be approved,
approved with conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable
requirements of this title are satisfied. This includes but is not limited to
building height, setbacks, and parking requirements. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the proposed change in use either does not trigger the thresholds
for a major modification as listed in TDC 18.360.050B.1 -11 or they do not
apply. Therefore, the proposed development is not a major modification. This
criterion is met.
CONCLUSION: The proposal is a minor modification of existing site development and is in
compliance with the applicable requirements of this tide.
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
MMD2013 -00019 ENGINEERING FOR KIDS Page 2 of 3
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 MAY 7, 2013.
AND BECOMES EFFECTIVE ON MAY 8, 2013.
Questions:
If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
`t1[+.� May 7. 2013
APPROVED BY: Agnes Kowacz DATE
Associate Planner
503 - 718 -2427
agnesk(2 tigard- or.gov
MMD2013 -00019 ENGINEERING FOR KIDS Page 3 of 3
RECEVE
MAY 0 2013
a
City o f T CITY OF TIGARD
tv RIN NEE Minor Modification — Type I App frN1N G i L .
tion
TIt,Ah Type App
GENERAL INFORMATION
Property Address /Location(s): In addition, the Director must find that the proposed
0.0.• ' - - ■ ILL._.., SI ", V change is in compliance with all applicable requirements of
Tax Map & Tax Lot #(s): I S 15(DA D040 iii, Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Site Size: 7.7 lie yes discussion indicating how the site expansion /change will
Applicant *: ��lll continue to comply with the maximum setback, building
Address: 17n. �`fC .6.13s)1 - height, parking, and landscaping standards. Other
requirements of this title such as clear vision, solid waste
City/State:4 141.4 . t) OR .Q . Zip: i12 storage, non - conforming situations, signs, and tree
Primary Contact: t la removal may also be applicable depending on the type and
Phone:9:82215.97MFax: ` .67 21 location of the proposed modifications.
E -Mail: ci t/16_ O1 4 64.(j 'L
Propert■ Owner/Deed Holder(s) *:
(Attach list if more than one) -�-A
' 4.49.. =' - - %I. -. r_ - I • =` t%.4 if t/ REQUIRED SUBMITTAL ELEMENTS
Address: ( L1' Phone:
n (Applications will >not be accepted without the
City/State:GZ) 12044e-A4 `s: 2-24.3111 GCU following required submittal elements)
* When the owner and the applicant are different people, the 1plication Form
p applicant must be the purchaser of record or a lessee in
ossession with written authorization from the owner or an er s Signature /Wr Authorization
agent of the owner. The owner(s) must sign this application a Transfer I Plan rnt or Deed
in the space provided on the back of this form or submit a
written authorization with this application. I ' , _, / Plan (4 Large Plans & One - Reduced to 8' /z" x 11')
R 3' ' plicant's Statement /Narrative (4 copies)
iling Fee $627.00
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion ,
or change does not invoke one or more of the criteria FOR STAFF USE ONLY
discussed within Section 18.360.050(B) - Site Development
Review or Section 18.330.020(B)(2) - Conditional Use. If the ui l o� /3
modification exceeds the maximum allowed under any one or Case No.(s):
more of the criteria, a Major Modification review is required. Other Case No.(s):
Major Modifications are processed in the same manner as a
new Site Development Review or Conditional Use Permit.
Receipt :
Applicant's Statement
Date: — 2r/3
The applicant's statement must include a summary of the
proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: J
18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: SI'l
to each criterion. Failure to provide the information needed Revised: 7/1/12
to process the application would be reason to consider an * \cufpIn \mutes \land use appl can ms \minor modiGCation aprydoc
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'niay be revbkedkif 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 0n1°/ day of , 20 /3
fo-
�l/ �ri► J�m,M, QGr��s�/C
,1VG,720 v 5 -�'- i '2',
Owner's Signature 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 - 718 -2421 I www.tigard- or.gov I Page 2 of 2
11111 CITY OF TIGARD RECEIPT
u
g . _ , 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 191226 - 05/02/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013 - 00019 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00
LRP
MMD2013 -00019 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00
Total: $627.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 512031 JFLOYD 05/02/2013 $627.00
Payor: F DANIEL YOUNG
Total Payments: $627.00
Balance Due: $0.00
Page 1 of 1
May 1, 2013
Pacific Terrace
Tenant Improvement for:
Engineering for Kids
11507 -A SW Pacific Highway, Tigard, Oregon
Submitted by: Oregon Business Architecture / 503- 228 -9747
Evaluation Criteria:
This is a Minor Modification because of the following:
1. There will not be an increase in dwelling unit density, as this is not a residential
development.
2. There will not be a change in the ratio or number of different types of dwelling
units as this project is not a residential development.
3. The change in use reduces the parking requirement from 2.5 per 1000 sq. ft.
(personal services) to 2.0 per classroom (day care). The tenant space is 1,043 sq.
ft. and will contain one classroom.
4. There will be no change to the type of structure. The structure is considered a
Type V -B building as defined by the Oregon Structural Specialty Code.
5. There will be no change to the building height.
6. There will be no changes in the type or location of accessways or parking where
off- -site traffic would be affected.
7. There will not be an increase in traffic to and from the site that exceeds 100
vehicles per day.
8. There will be no increase of interior floor area associate with this proposal. The
tenant space for Engineering for Kids is the exact same size as the previous
tenant, a nail salon.
9. There will be no reduction in area reserved for common open space and /or usable
open space.
10. There will be no reduction of project amenities, including a) recreational
facilities; b) Screening; or c) Landscape provisions.
1
11. To the best of our knowledge and from the research of the property records, there
are no modifications to the conditions imposed at the time of site development
review approval which are not the subject of Subsection B.1 through B.10 above
of this section.
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T: 503 / 228 -9747 F: 503 / 228 -5721 T IGARD, OREGON
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FORM NO. 780- PROPERTY MANAGEMENT AGRF - NON - RESIDENTIAL
905
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tz PROPERTY MANAGEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of September , 19 97 , between
Woodrow Smith and Edita Smith, dba Pacific Terrace Shopping Center (hereinafter
called the owner) and Norris & Stevens, Inc., an Oregon Corporation (hereinafter called
the agent); •
WITNESSETH:
FIRST: The owner hereby employs the agent to rent, manage and direct the operation of the owner's property
described in Exhibit "A" on the reverse side of the final page of this agreement, said exhibit being made a part hereof,
for a term of one year plus renewal as specified #7
beginning on the .1st day of October . 19 97 , and ending on the 30th day of September , 19 98 : thereafter
this agreement shall continue until terminated as herein provided.
SECOND: The agent accepts said employment and agrees:
1. To use agent's best skill and efforts to serve present tenants and to obtain suitable new tenants for vacancies
in said premises, to furnish all services required therefor and for the management of said premises and to supervise all
labor required for their operation and maintenance;
2. To report to the owner promptly any conditions.at, on or about the premises which, in the opinion of the
agent, require the attention of the owner;
3. To keep full, detailed and adequate accounts and records maintained in a client ledger with reference to
agent's receipts from and disbursements with reference to the owner's said property and to permit the owner and /or
owner's representative to examine the same at any time during business hours;
4. To cause all of the agent's employees who handle or are responsible for the rents and revenues from - said
premises to be bonded at agent's expense;
S. Not to commingle any of the receipts or revenues from said premises with agent's own funds, but to deposit
same in a client's trust account in agent's own name in a bank or banks approved by the owner; as between the parties
hereto, all such receipts and revenues shall be deemed to be trust funds held in trust for the owner and for the owner's
account, to be disbursed as hereinafter set forth;
6. To deliver to the owner, on or before the seventh day of each month hereafter, a detailed written
statement of owner's receipts, expenses and disbursements during the preceding month. All said expense shall be
charged to the owner at agent's cost and the owner shall be credited with all rebates, refunds, allowances, commissions
and discounts paid to the agent. Settlements between the owner and the agent shall be made at the following times:
monthly -
7. Said term shall automatically renew for additional one -year terms ending on the last day of September
each year. Contract can be cancelled by either party of giving the other party sixty (60) days advance written notice
of intention to cancel, prior to the end of any renewal term (i.e. sixty (60) days prior to September 30). All other
terms remain the same.
THIRD: The owner hereby gives to the agent the following authority and powers:
I. To take sole, entire and exclusive charge of said premises;
2. To offer said premises, and parts thereof for rent; to display "For Rent" signs thereon and to rent the same;
and in the name of the owner to negotiate leases on said premises, or any part thereof, together with renewals of the
same;
3. To bill tenants for rents in the name of the agent; to collect all rents due or to become due from said
premises; to give receipts therefore; to deposit rents in the agent's client trust account. It is expressly agreed that the
agent does not guarantee either the collection of rents or the accuracy of volume -of- sales, volume -of- receipts or other
reports made by tenants on percentage leases, if any; however, the agent may recommend to the owner from time to time
that such accuracy be determined by an audit of the tenant's books;
l
3. The owner hereby designates Woodrow Smith as owner's representative to whom all notices,
statements and remittances to the owner shall or may be submitted, with whom agent may deal and from whom agent
may accept instructions and directives relative to said premises and relative to subparagraph 6 of the "THIRD"
paragraph of this contract; the owner reserves the right to change his designated representative at any time by giving
written notice thereof to the agent;
4. This agreement shall not be capable of assignment;
5. The provisions hereof shall bind not only the immediate parties hereto but their respective heirs, executors,
administrators and successors and, so far as the terms hereof permit assignment, the assigns of the parties as well;
6. In construing this agreement, it is understood that the owner or the agent may be more than one person
and that either or both may be a corporation; and that generally, all grammatical changes shall be made, assumed and
implied to make the provisions hereof apply equally to corporations and to more than one individual.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals in duplicate
on this, the day and year first above written.
WOOD' . SMITH and i' D TA SMITH NORRIS & STEVENS, INC.
woa
By: . v /ice // B y : IP\ � ' -� e tl.,s •
Owner Agen
y i07g7 Date: Date: I ` ( (�
•
BS\PMA \SMmI.PMI . Page 3