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MMD2009-00025
MMD2009 00025 PLAS2FUEL CHANGE OF USE NOTICE OF TYPE I DECISION ., MINOR MODIFICATION (MMD) 2009-00025 PLAS2FUEL CHANGE OF USE 120 DAYS = 12-04-2009 SECTION I. APPLICATION SUMMARY FILE NAME: PLAS2FUEL CHANGE OF USE CASE NO.: Minor Modification(MMD) MMD2009-00025 PROPOSAL: The proposal is to occupy approximately 28,900 sq. ft. of warehouse and fabrication space at 7904 SW Hunziker with a Research and Development Facility. The parking lot is proposed to be sealed and re-striped to provide 96 code complying parking spaces for the entire complex. APPLICANT: Plas2Fuel Corporation OWNER Vial-Pham Construction Rita Hansen A. Richard Vial 2300 Talley Way, Ste. B 7000 SW Varns Street Kelso,WA 98626 Tigard, OR 97223 LOCATIONS: 7904 SW Hunziker Street,WCTM 2S101CA,Tax Lot 00200 ZONING DESIGNATIONS: 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. 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. MMD2009-00025 Plas2Fuel Change of Use Decision 082009 Page 1 • SECTION III. bhCKGROUND INFORMATION Site Information: The subject property is located at the south terminus of Wall Street off Hunziker Street. Wall Street is not developed, so the property is addressed as 7904 SW Hunziker Street. This property has historically been occupied as construction warehousing, industrial services, and metal fabrication. The proposed use as Research and Development is allowed outright in the I-L Zone. An increase in the number of parking spaces will be required. Proposal Description: The proposal is to occupy approximately 28,900 sq. ft. of warehouse and fabrication space at 7904 SW Hunziker with a Research and Development Facility. The parking lot is proposed to be sealed and re- striped to provide 96 code complying parking spaces, the minimum required for the complex. Use Classification Area (Sq Ft) Spaces per 1000 sq ft Required Parking Industrial Services 43,879 0.8 35.1 Research &Dev 28,900 2.0 57.8 Total Parking Required 92.9 = 93 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 requires re-striping the parking lot to provide 96 spaces, including the amended occupancy. Additional parking area is not required to be developed on the site. Therefore, this criterion is satisfied. 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. MMD2009-00025 PIas2Fue1 Change of Use Decision 082009 Page 2 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; The closest description in the ITE Trip Generation Manual, 8`' Edition, for this property is Land Use 140, Manufacturing, which includes research, warehousing, and manufacturing facilities. Although the uses are in different categories in the Development Code, they are in the same category in the ITE Manual. There should be no increase in the vehicle traffic. 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; The change of use does not involve an 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 is satisfied. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. 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 MMD2009-00025 Plas2Fuel Change of Use Decision 082009 Page 3 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 AUGUST 20, 2009 AND BECOMES EFFECTIVE ON AUGUST 21, 2009. 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. August 20 2009 v� .. b APPROVED BY: Darrel Hap"Watkins DATE Assistant Planner MMD2009-00025 PIas2Fuel Change of Use Decision 082009 Page 4 VICINITY MAP ti R ST MMD2009-00025 PLAS2FUEL CORPORATION BURNHAM ST ••• • Site • J Q w� VARNSSI �TJ )- J r FIR Si 0MARA Si • Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:5,586-1 in=466 ft pLt 5�1 Map printed at 20-Aug-09 11:01 AM DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MANES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT.ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO L V I N H L N LIABILITY PROVIDED REGARDLESS OF HOW CAUSED THE P City of Tigard 13125 SW Hall Blvd TIt;AR MAPS Tigard,OR 97223 rir 503 6394171 I 4 t1:)i t www.tigard-or.gov • ... - • TruGreen TruGreen xclusive ,,,,, 0\pt .,_ ,, c, ,,,, 4„. ...,. E Premises / „cic , , t , ,/ , , 0,4 ,.?")" ■ , y0 , ...•,.\ , / 1 J'\..t.:' ''.. '''' / ' i , / i , , . - ' .?•-,c2s, , ., --,-..,-.._c, .g, .,,-- , • F2. — .. . t / / ''4 r Agg4ID tsti •,11 / V . III 111 ■ I. - / t. M'411\ / ' •) 6c , tl.mac..ap F'arl-ng / CO 10 43 ' . N., °J• - 1.- \c'' • EMI.R.06: ter 6 bices ,. p . ., • '11 /17e14' riarcbc..ap - ;\\ Paeong • 6/ 4-* 1!11111 ' , rtanchcalp S ‘ k c ,, • , r 4.. . v'( '• ciiiA; 9,. <-::: 'r..n.,,,1 '‘1) NV)" r"..) ! I 1111 ?.\' # . f)41V -'I t"t7 if'•••'., n!-- CITY OF TIGARD Approved V' - /' A I,/ V!.1/4/ 1 ,.'-'' ) ' (1‘inditionally Approved I 1 j)144 Fr only the work as desc ibe tn: (---,f, (..; i i PC-.RMIT NO. – • ' .. _ - - See Letter to: Follow i ) a'-, . - , ttach _f I i. Job Ad. ss: ‘ ' . ...0 -i -• .. •, . Date: -egon Department of Environmental Quali LAL.,1 USE COMPATIBILITY STATEMENT(L►,.!S) p. l of 2 ' �t�`()NZ—J "( SECTION 1-TO BE COMPLETE:ll B1 APPLICANT A. Applicant Name: Plas2Fuel Corporation B. Project Name: Plas2Fuel Showcase Facility Contact Name: Kevin DeWhitt Physical Address: 7904 SW Hunziker St. Mailing Address: 7904 SW Hunziker St. City,State,Zip: Tigard,OR 97223 City,State,Zip: Tigard.OR 97223 Tax Lot#: 200 of Tax map 2S IOICA Telephone: 360-431-0438 Township: Tigard Range: Section: Tax Account#: 20-1508559 Latitude: 45o 25'27"N Longitude: 122o 45'40"W C. Describe the project,include the type of development,business,or facility and services or products provided(attach additional information if necessary): This project represents Phase II of a three Phase project to develop and commercialize the Plas2Fuel waste plastic reclamation system. Phase I(not a part of this project)is an existing"proof of concept"small-scale,single vessel system located in Brooks, Oregon. This system is approximately 1.5 years old and was used to validate the Plas2Fuel technology,process and finished products(synthetic crude oil). This Phase H project will build upon the information and data generated from the Phase I system and will be used for Research,Development and Demonstration purposes. The Phase II project is comprised of a four vessel, medium-scale system constructed with advanced automation and process controls and modifications to the mechanical components and chemical process chambers. These modifications and enhancements represent a critical pathway towards commercialization and will establish the"minimum size"system configuration. Phase III(not a part of this project)will advance the technology and provide unlimited scale by integrating multiple Phase II systems together,creating seamless operations over a broad processing spectrum. D.Check the type of DEQ permit(s)or approval(s)being applied for at this time. ❑ Air Quality Notice of Construction ❑ Hazardous Waste Treatment,Storage,or Disposal Pertnit D Air Contaminant Discharge Permit(excludes portable ❑ Clean Water State Revolving Fund Loan Request facility permits) ❑ Wastewater/Sewer Construction Plan/Specifications ❑ Air Quality Title V Permit (includes review of plan changes that require use of new ❑ Air Quality Indirect Source Permit land) ❑ Parking/Traffic Circulation Plan ❑ Water Quality NPDES Individual Permit ❑ Solid Waste Land Disposal Site Permit ❑ Water Quality WPCF Individual Permit(for onsite ❑ Solid Waste Treatment Facility Permit construction-installation permits use the DEQ Onsite ❑ Solid Waste Compost Facility Registration or Permit LI.iCSform) ri Solid Waste Letter Authorization Permit ❑ Water Quality NPDES Stormwater General Permit(1200- ❑ Solid Waste Material Recovery Facility Permit A, 1200-C, 1200-CA, 1200-COLS, and 1200-Z) ❑ Solid Waste Energy Recovery Facility Permit ❑ Water Quality General Permit(all general permits, except ❑ Solid Waste Transfer Station Permit 600, 700-PM, 1700-A, and 1700-B when they are mobile.) ❑ Waste Tire Storage Site Permit ❑ Water Quality 401 Certification for federal permit or ❑ Pollution Control Bond Request license E. This application is for: ❑ Permit Renewal el New Permit ❑ Permit Modification ❑ Other: SECTION 2-TO BE COMPLETED BY CITY OR COUNTY PLANNING OFFICIAL Instructions: Written findings of fact for all local decisions are required; written findings from previous actions are acceptable. For uses allowed outright by the acknowledged comprehensive plan,DEQ will accept written findings in the form of a reference to the specific plan policies,criteria,or standards that were relied upon in rendering the decision with an indication of why the decision is justified based on the plan policies,criteria,or standards. A. The project proposal is located: yEnside city limits ❑ Inside UGB ❑Outside UGB B. Name of the city or counts that has land use jurisdiction (the legal entity responsible for land use decisions for the subject property orilptAuse�� / r 11/26/08v 08-WR-006 •egon Department of Environmental Qualit LAI,Al USE COMPATIBILITY STATEMENT p.2 of 2 SECTION 2-TO BE COMPLETED BY CITY OR COUNTY PLANNING OFFICIAL Applicant Name: ?4,47 60400,44w f Project Name:�l�42 (heel c vi C. Is the activity or use allowed under Measure 49? ❑No,Measure 49 is not applicable ❑Yes; if yes,then check one. ❑ Express;approved by DLCD order#: ❑ Conditional;approved by DLCD order#: Vested;approved by local government decision or court judgment docket or order#: m �tZ oti,//J 02 D. Is the activity or use compatible with your acknowledged comprehensive plan as required by OAR 660-0`3`1`? Please complete this form to address the activity or use for which the applicant is seeking approval(see 1.C on the previous page). If the activity or use is to occur in multiple phases,please ensure that your approval addresses the phases described in I.C. For example, if the applicant's project is described in I.0 as a subdivision and the LUCS indicates that only clearing and grading are allowed outright but does not indicate whether the subdivision is approved, DEQ will delay permit issuance until approval for the subdivision is obtained from the local planning official. ❑ The activity or use is not regulated by the acknowledged comprehensive plan;explain: ❑ YES,the activity or use is pre-existing nonconforming use allowed outright by(provide reference for local ordinance): ❑ YES,the activity or use is allowed outright by(provide reference for local ordinance): ❑ YES,the activity or use received preliminary approval that includes requirements to fully comply with local requirements; findings are attached. iNf YES,the activity or use is allowed;findings are attached. ❑ NO,see 2.0 above,activity or use allowed under Measure 49;findings are attached. ❑ NO,(complete below or attach findings for noncompliance and identify requirements the applicant must comply with before compatibility can be determined): Relevant specific plan policies,criteria,or standards: Provide the reasons for the decision: Additional comments(attach additional information as needed): Planning Official Signature: A ✓./ Print Name: f y , ,� Telephone#:17}-x,we. 2 /L2 Date://►7 /c 17,1 ����ll�,G (� .SUS Q 77JU lL/� If necessary,depending upon city/county agreement on jurisdiction outside city limits but within t'GB: Planning Official Signature: Title: Print Name: Telephone#: Date: 11/26/08v 08-W R-006 MAILING RECORDS AFFIDAVIT OF MAILING E IFF 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: {oink Appoprwe Box(s)Below) © NOTICE OF DECISION FOR MMD2009-00025/PLAS2FUEL CORPORATION CHANGE OF USE (File No./Name Reference) 0 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 August 20,2009,and deposit in the United States Mail on August 20,2009,postage prepaid. Atzeze WO / G6 2 (Person that re otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day �of Vr ,2009. OFFICIAL SEAL �.2.-': SHIRLEY L TREAT yFa ������J" NOTARY PUBLIC-O 167 fl , A J440 � ,, COMMISSION NO.4�8� ', MY COMMISSION EXPIRES APRIL 25,201 NOTARY PUB IC OF OREGON My Commission Expires: 4?41 f EXHIBIT NOTICE OF TYPE I DECISION • MINOR MODIFICATION (MMD) 2009-00025 i PLAS2FUEL CHANGE OF USE T I GA RD 120 DAYS = 12-04-2009 SECTION I. APPLICATION SUMMARY FILE NAME: PLAS2FUEL CHANGE OF USE CASE NO.: Minor Modification (MMD) MMD2009-00025 PROPOSAL: The proposal is to occupy approximately 28,900 sq. ft. of warehouse and fabrication space at 7904 SW Hunziker with a Research and Development Facility. The parking lot is proposed to be sealed and re-striped to provide 96 code complying parking spaces for the entire complex. APPLICANT: P1as2Fuel Corporation OWNER Vial-Pham Construction Rita Hansen A. Richard Vial 2300 Talley Way, Ste. B 7000 SW Varns Street Kelso,WA 98626 Tigard, OR 97223 LOCATIONS: 7904 SW Hunziker Street,WCTM 2S101CA,Tax Lot 00200 ZONING DESIGNATIONS: 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. 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. MMD2009-00025 P1as2Fuel Change of Use Decision 082009 Page 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at the south terminus of Wall Street off Hunziker Street. Wall Street is not developed, so the property is addressed as 7904 SW Hunziker Street. This property has historically been occupied as construction warehousing, industrial services, and metal fabrication. The proposed use as Research and Development is allowed outright in the I-L Zone. An increase in the number of parking spaces will be required. Proposal Description: The proposal is to occupy approximately 28,900 sq. ft. of warehouse and fabrication space at 7904 SW Hunziker with a Research and Development Facility. The parking lot is proposed to be sealed and re- striped to provide 96 code complying parking spaces, the minimum required for the complex. Use Classification Area (Sq Ft) Spaces per 1000 sq ft Required Parking Industrial Services 43,879 0.8 35.1 Research&Dev 28,900 2.0 57.8 Total Parking Required 92.9 = 93 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 statcs 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 requires re-striping the parking lot to provide 96 spaces, including the amended occupancy. Additional parking area is not required to be developed on the site. Therefore, this criterion is satisfied. 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. MMD2009-00025 P1as2Fue1 Change of Use Decision 082009 Page 2 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; The closest description in the ITE Trip Generation Manual, 8'h Edition, for this property is Land Use 140, Manufacturing, which includes research, warehousing, and manufacturing facilities. Although the uses are in different categories in the Development Code, they are in the same category in the ITE Manual. There should be no increase in the vehicle traffic. 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; The change of use does not involve an 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 is satisfied. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. 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 MMD2009-00025 Plas2Fue1 Change of Use Decision 082009 Page 3 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 AUGUST 20, 2009 AND BECOMES EFFECTIVE ON AUGUST 21, 2009. 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. August 20.2009 APPROVED BY: Darrel` Hap"Watkins DATE Assistant Planner MMD2009-00025 Plas2Fuel Change of Use Decision 082009 Page 4 ti VICINITY MAP Sr MMD2009-00025 PLAS2FUEL CORPORATION Y � x t. . \' . rCO BURNHAM ST S� _ ® Subject Site le • a1111iWiI 1'uf�u Uvy i',..R' -21P ILS J iii : F M # iii=Y�- == CI �a Ti d cr Q Z 0— F,9nrti7 f'rrrM YaIA ?=T 4J tO FIR ST d r, OMAKA SI ',_r' Th• 1 Tlgird Public Liue:fey t Information on this map is for general location • only and should be verified with the Development Services Division. Scale 1:5,55b-1 in=466 tt J q_ I Y Map printed at 20-Aug-09 11:01 AM DATA Si DERIVED FROM MULTIPLE SOURCES THE QTY OF TIGARD MAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE Es r.iit, 0',V t• CONTENT.ACCURACY fYELNESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HERE/I1 THE CRY OF TIGARD SHALL ASSUME NO F L tJ I N i LN LIABILITY ERRORS. E aD THE NF MATiw PROVIDED DARDSS OF HOW CAUSE I city of Tigard • �-__� n � ! D 17125 SW Hall Blvd _� TICAR dP5 gard,OR 97223 H i M T7 503 639-4171 s `_ 48511 L www.tigardor•gov TI(:Ali 1. • TruGreen 0 i‘TruGreen �,,,, .� Exclusive �e . 0- Premises ' , G' /,,- �h�P ,'// , �G q. , ,- '' V ��� , '- _ , C 4 � v , - - , / � I�;i ` i P '// .• \)el G\\7:/,,,6, 11a.dlup Parkny■ e \O • for 6 ara:\ kaP v‘, _ \>\())4.0. lit `�� Manchu', ` PaYwig ‘1) \/ . Mand�cap �7 1 � a PaMnp �, h AN s N fl it \ c2 N 4� 4OP(1.:/( poyfr,:5 R� -■ CITY OF TIGARD T N 6 Y2e/, // °1'O Approved V WINO C41 ;/'v'1 Aiditionaily Approved ( For only the work as described n: ' P/aS2 FlG/Ri,b 4-7/q13.PERMIT NO. MAIO L/L►G 2 See Letter to: Follow I I /12, tt ch I Job Ad ss !J4 •SU!//y+�i jr S TOZ4t- RE20'1D "f , 8y: _ Date: 81e/raj' PRWIDED n tU MMD2009-00(,__ Wall Street Industrial LLC& PLAS2FUEL CORPORATION A Richard Vial Exec Center LLC CHANGE OF USE 7000 SW Varns Street EXH I B ITS Portland, OR 97223 Vial-Pham Construction A. Richard Vial 7000 SW Varns Street Tigard, OR 97223 Plas2Fuel Corporation Rita Hansen 2300 Talley Way, Suite B Kelso,WA 98626 2S101CA00200 WALL STREET INDUSTRIAL LLC& A RICHARD VIAL EXEC CENTER LLC 7000 SW VARNS ST PORTLAND,OR 97223 3/0?o all/2/41' Cib APPLICANT MATERIALS REcL.I.VED City of Tigard JUL i Minor Modification PT -,( 9 plication 1 I G A R l7 LAN. R8 • i , GENERAL INFORMATION In addition, the Director must-find that the proposed rtr] 5_ Iun�u�, change is in compliance with all applicable requirements of Property Ad ress/Locations : 'CC''�1 O Title 18 of the Tigard Development Code. To complete s Q ,- OCC�. D� X22 3 EAST this review, the Applicant's proposal must include a Tax Map&TaYLot#(s): adJ AtGnk 413: discussion indicating how the site expansion/change will IRVO 5t,3 t4urraiKcr-1D4 rail 25 0)a A COZOO continue to comply with the maximum setback, building Site Size: . . 301. 5 L WarGI'wUSt • if (,e, height, parking, and landscaping standards. Other r`Q52�IJIP.� L1�70�1 requirements of this title such as clear vision, solid waste Applicant*: storage, non-conforming situations, signs, and tree Address: 2.300 TQUG.) alai, Ste, g removal may also be applicable depending on the type and City/State: M50,1, WA zip:C n ISUga location of the proposed modifications. . Primary Contact: KtrA 14Amser4 r' Phone:2O(0- 1. 320 to Fax: / (7-5(4t. -®a I E-Mail: rham5en c plas 4 et tow) Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attack ist if more than on ) A. Viohard Vial. viol- Ph�1'1 I oNt (Applications will not be accepted without the following required submittal elements) Address: �' 5. VANRS Ph��i �o12S City/State: IlG1,Gtfd Q'_ Zip: C 1 Z23 1 Application Form ��11 r g Owner's Signature/Written Authorization * When the owner and the applicant are different people, the IX, Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an Site Plan(3 Large Plans&One—Reduced to 8'/s"x agent of the owner. The owner(s) must sign this application 11") in the space provided on the back of this form or submit a ® Applicant's Statement/Narrative(3 copies) written authorization with this application. gi Filing Fee $579.00 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 discussed within Section 18.360.050(B) — Site Development ' Review or Section 18.330.020(B)(2) —Conditional Use. If the FOR STAFF USE ONLY modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Case No.(s): M1,l04 _() 2-ab 4 40-(71)3� Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement: Receipt No.: //14 to 3� The applicant's statement must include a summary of the Date: I/31/0 1 proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: S QTY to each criterion. Failure to provide the information needed Date Determined Complete: 9/6/j� to process the application would be reason to consider an Revised: 1-Jul 09 application incomplete and delay i\cumin\masters\land use apphcanons\minor modification app docx review of the proposal. .Zai% :1.--L �.�.,. � City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 315r day of ■ G ,20 09 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 503-639-4171 I www.tigard-or.gov I Page 2 of 2 1 1114 CITY OF TIGARD RECEIPT Y � s 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 174635 - 07/31/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00025 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2009-00025 Minor Modification to an Approved Plan- 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 3650 STREAT 07/31/2009 $579.00 Payor: Plas2Fuel Corporation Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 M1 .s �� Washington regon el(41 02/21/2007, ,AM 2007-019323 """�"' D/_. '','7 7.63 DOW cox=t em.00 I cAenuo t8 sss.00 se.00 s>>.00$a,soa.00•Total.so,4n.oa TsceowNo. o.06286727 y M 11111 Iol1lls1lolll1IIIIIIIII IHII I III 55� alchad lboamlcht,['tractor of a.....moot and .,•'-• f tackle.,roc Ex-Officio cou My craft for Wa.Nnaten y�•,y', �� After Recording Return To: County.Onaon.do honey codify that the wtthlr y7•,..,fit... 3 v mG7um.nte/wnnln wa.ncUWdanon order In pa Wall Street Industrial, LLC and A. Richard Vial 000«atmobsor tldrot ra @owclsf '• f', Executive Center,LLC Nct and Moe.mlcht.0lndor or a nns moot ana :Ty st" 7000 SW Varns Street Tsoatlen,E.anCo Courtly Clara Portland,OR 97223 Until a change is requested all tax statements shall be sent to the following address: Street Industrial, LLC and A. Richard Vial WASHING70NCOUNTY Executive Center,LLC ? REAL PROPERTY TR�AySFE TAX 7000 SW Varns Street - $ VOO Z( t Portland,OR 97223 '441;o PAID DATE STATUTORY WARRANTY DEED Wells Apartments,LLC,an Oregon limited liability company;Dawn New Hunziker,LLC,a Washington limited liability company, who took title as Dawn New Hunziker, LLC, an Oregon limited liability company;Johnstone Family Trust,Hunziker,LLC,an Oregon limited liability company;Michael Lehne, Hunziker,LLC,an Oregon limited liability company;Suzanne Lehne,Hunziker,LLC,an Oregon limited liability company;James Russell and Karen M.Russell,as tenat:ts by the entirety;Youde Family Trust, Tigard,LLC,an Oregon limited liability company,who took title as James Guy Youde and Judith Atwood Youde,Trustees of the Youde Family Trust dated September 25, 1997,Grantor,conveys and warrants to Wall Street Industrial,LLC,an Oregon Limited Liability Company and A.Richard Vial Executive Center, LLC, an Oregon Limited Liability Company, Grantee, the following described real property free of encumbrances except as specifically set forth herein. See Exhibit A attached hereto and made a pert hereai. This property is free from encumbrances, EXCEPT: See Exhibit"5"attached hereto and made a part hereof; BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 197.352. 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 APPROVED USES,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 197.352. The true consideration for this conveyance is 53,400,000.00. Paid by and to an accommodator pursuant to an IRC§1031 tax deferred exchange. Dated this 21'day of February,2007. See Signature Page attached hereto and made a part hereof; WELLS APARTMENTS,LLC DAWN NEW HUNZIKER,LLC an Oregon limited liability company a Washington limited liability company as Exchanger By: Stephen Dougherty,Trustee of the Revocable By: Dawn New Living Trust of Stephen R.Dougherty Its: Member Its: Member JOHNSTONE FAMILY TRUST,HUNZIKER, MICHAEL LEHNE,HUNZIKER,LLC LLC,an Oregon limited liability company an Oregon limited liability company as Exchanger as Exchanger if / / 10* / .:/a.�—% "Ain -- By: Arth. Johnstone. By: Michael Lehne I ber Its: Member iiiit /--r y: Anne Johnsto e Its: Member SUZANNE LEHNE,HUNZIKER,LLC THE YOUDE FAMILY TRUST,TIGARD, an Oregon limited liability company LLC,an Oregon limited liabi'ty company as Exchanger as Exchanger 1 / , 4.„i1111__ 4..d.&_.., Al) y. 'uzanne Lehne By:11.mes Youde Its. ember I.1041 ember � di Youde / �� t... Member James Russell Karen M.Russell WELLS APARTMENTS,LLC DAWN NEW HUNZIKER,LLC an Oregon limited liability company a Washington limited liability company as Exchanger &Zil'L/7 Pa4r By: Stephen Dougherty,Trustee of the Stephen R. By: Dawn New Dougherty Revocable Living Trust Its: Member Its: Member JOHNSTONE FAMILY TRUST,HUNZIKER, MICHAEL LEHNE,HUNZIKER,LLC LLC,an Oregon limited liability company an Oregon limited liability company as Exchanger as Exchanger By: Arthur Johnstone, By: Michael Lehne Its: Member Its: Member By: Anne Johnstone Its: Member SUZANNE LEHNE,HUNZIKER,LLC THE YOUDE FAMILY TRUST,TIGARD, an Oregon limited liability company LLC,an Oregon limited liability company as Exchanger as Exchanger By: Suzanne Lehne By: James Youde Its: Member Its: Member By: Judith Youde Its: Member James Russell Karen M.Russell WELLS APARTMENTS,LLC DAWN NEW HUNZIKER,LLC an Oregon limited liability company a Washington limited liability company as Exchanger By: Stephen Dougherty,Trustee of the Revocable By: Dawn New Living Trust of Stephen R.Dougherty Its: Member Its: Member JOHNSTONE FAMILY TRUST,HUNZIKER, MICHAEL LEHNE,HUNZIKER,LLC LLC,an Oregon limited liability company an Oregon limited liability company as Exchanger as Exchanger By: Arthur Johnstone, By: Michael Lehne Its: Member Its: Member By: Anne Johnstone Its: Member SUZANNE LEHNE,HUNZIKER,LLC THE YOUDE FAMILY TRUST,TIGARD, an Oregon limited liability company LLC,an Oregon limited liability company as Exchanger as Exchanger By: Suzanne Lelme By: James Youde Its: Member Its: Member • • By: Judith Youde Its: Member mes Russell Karen M.Russell • - a ACKNOWLEDGMENT STATE OF 1 County of ss BE IT REMEMBERED,that on this_day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Dawn New,as the Member of the Dawn New Hunziker,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public m and for the State of My Commission expires: STATE OF AI 1 t 1/L-411L. County of i' 1.11:rjT BE IT REMEMBERED,that on thislL` day of 2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Stephen ougherty,as the Trustee of the Stephen IL Dougherty Revocable Living Trust as the Member/Manager of the Wells Apartments,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/sheithey executed the same freely and voluntarily on behalf of said company. ��SEAL I , ESS my hand and e ffi is�� €!: i WD COMMISSION N0.393235 -.■ Public in and for the S-to rillitine MY COMMISSION EXPIRES JUNE 23,2009 •.mmission expires: _ STATE 0 41, ,1 County of ►Mh\la l ' SS BE IT REMEMBERED,that on this IJ-day of j A ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Arthur J hnstone and Anne Johnstone as the Members of the Johnstone Family Trust,Hunziker,LLC,known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. OFFICIAL SEAL S•v hand and off ial srr t l "'I." YVONNE M CLIFFORD • e L l `��� �.`� )j? NOTARY PUBUC•OREGON ► - I Lel `„�� COMMISSION NO.393235 No Public in and for the State of/Mtg MY COMMISSION EXPIRES JUNE 23,2000 My C mmission expires: wi� I STATEOFGi)//�''I EA,,,dieg . ' County of rmr ' } SS BE IT RE FRED,that on this jSday of 7l6� ,2007,before me,the undersigned,a Notary Public in and for the State of , e sonally appeared the within named James Youde and Judith Youde as the Members of the Youde Family Trust, Tigard,LLC known to me to be the iden'cal individuals described in and who executed the within instrument and acknowledged to me that he/she/they executed the same fre rily on behalf of said company. 0:n ARO of i, 4 �g$IONLFtAp2,' WITNESS my hand and official seal. 8,aoTAx,�N _ I, kilt. AUB<.IGe . blic in and for the State of_k vl dtj . ,nunission expires:1`I—Zeta? Nyttt tWASO..... 1'cre_tI L/ and. i/'o lt.t,n-lar■ ly wnmt.vc STATE OF al, :,I(► County of 10111,11477( } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Michael ehne,Member of the Michael Lehne,Hunziker,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. OFFICIAL SEAL j.vl 1 SS my hand and o ea. WOHME M CUFFORD _ �' prro.. NOTARY PUguC OREGON • N ` � COMNaSSION N0.393235 Notaty Public in and for the a of COMMISSION EXPIRES JUNE 23.2009 My a,mmission expires: STATE OF C f of Ss Coun ty �1 Z� � i BE IT REMEMBERED,that on this day of ,,•f• y 2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Suzanne Jule,Member of the Suzanne Lehne,Hunziker,LLC,known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. W'TNESS my hand• o yv0t4NE M CUFFORD ON Nctary Public in and for the tate Q f y; NOTARY PUBuC-OREGON , tesssoN NO. M' Commission expires: �.. ����, MY COMMISSION EXPIRES JUNE 23,2009 STATE OF County of } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named James Russell and Karen M.Russell known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: wnnaYoc ACKNOWLEDGMENT STATE OF County of } ss BE IT REMEMBERED,that on this/n45'day of i ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named D.I, •New,as the Member of the Dawn New Hunziker,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said c any. Pct. w/`s) WITNESS my hand and offr . call seali CI) NOTARY G,�/ ��'G�J7/ 8ore5,' #'4l/`�rau) * * Notary Public in and for the State of PUBLIC My Commission expires: /-77.7o7, STATE OF 11 OF NPR County of } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Stephen Dougherty,as the Trustee of the Stephen R.Dougherty Revocable Living Trust as the Member/Manager of the Wells Apartmerts,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: STATE OF County of } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Arthur Johnstone and Anne Johnstone as the Members of the Johnstone Family Trust,Hunziker,LLC,known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: STATE OF County of } SS BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named James Youde and Judith Youde as the Members of the Youde Family Trust, Tigard,LLC known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: WINTRYDC STATE OF County of } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Michael Lehne,Member of the Michael Lehne,Hunziker,LLC known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: 1 STATE OF County of } ss BE IT REMEMBERED,that on this day of ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named Suzanne Lehne,Member of the Suzanne Lehne,Hunziker,LLC,known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily on behalf of said company. WITNESS my hand and official seal. Notary Public in and for the State of My Commission expires: STATE 0F0R51,4efjD/1 } ss County of Dp,)gf G� BE IT REMEMBERED,that on this 19 day of Feb , ,2007,before me,the undersigned,a Notary Public in and for the State of Oregon,personally appeared the within named lames Russell and Karen M.Russell known to me to be the identical individuals described in and who executed the within instrument and knowwledged to rime that he/she/they executed the same freely and voluntarily. 0111U1 I ,, WITNESS my hand and official seal. .y'^Q� Notary Public in an for the State off.,1)'.1-11. f}�j n -�p✓1 `r, �.r, a:O My Commission expires: > Bolin WTNTR 1'DC • ' I • Exhibit A A tract of land in Section I,Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: COMMENCING at a stone at the Northwest corner of the W.W.Graham Donation Land Claim No.39,Township 2 South,Range 1 West, of the Willamette Meridian;and running thence South 43°23'West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of the county road;thence South 60°59'East in the center of said county road 1,794.8 feet to THE TRUE POINT OF BEGINNING of the herein described tract,from which true point of beginning a stone at the Northeast corner of that certain tract of land conveyed to R.and Sophia Hunziker by Deed recorded in Book 90,Page 271 bears South 60°59'East 20.0 feet;thence from the above- described true point of beginning South 29°34'West parallel to the East line of said Hunziker Tract 1,646.0 feet to an iron pipe on the Northerly boundary of the Southern Pacific Railroad right of way;thence North 42°00'West along said Northerly boundary of the S.P.R.R.right of way 611.4 feet to a point;thence North 4°13'East along property line 44.0 feet;thence North 64°35'West along property line 70.9 feet to an iron pipe;thence North 46°50'East 412.34 feet,more or less,to a point that is South 46°50'West 720.46 from an iron pipe,said point being the Southwest corner of premises described as Parcel I in Deed to George E.Lockman recorded May 12,1959 in Book 417,Page 406;thence South 42°00'East 555.9 feet along the South line of said premises to a point at the Southwest corner thereof; thence North 29°34'East 1,200 feet along the Easterly line thereof and along the Westerly line to a 20 foot roadway to a point in the center line of said county road;thence South 60°59'East 20 feet to the true point of beginning. EXCEPTING THEREFROM that portion dedicated to the City of Tigard by Instrument recorded September 15,1975 in Book 1043,Page 989. Exhibit B 1. The herein described premises are within the boundaries of and subject to the statutory powers,including the power of assessment,of Clean Water Services. 2. Rights of the public in and to any portion of the herein described premises lying within the boundaries of streets,roads or highways. 3. Easement,including the terms and provisions thereof: For Water main and sewer line Granted to Tigard Water District and the South Tigard Sanitary District Recorded September 12,1960 Book 435 Page 312 4. Easement,including the terms and provisions thereof: For Gas pressure regulator and connecting piping Granted to Northwest Natural Gas,an Oregon corporation Recorded January 4,1966 Book 583 Page 258 Affects The Northerly portion of said property 5. Easement,including the terms and provisions thereof: For Water pipelines and incidental purposes Granted to Tigard Water District Recorded June 10,1971 Book 821 Page 413 Affects Northerly portion of said property 6. Easement,including the terms and provisions thereof: For Electric power line and appurtenances Granted to Portland General Electric Company,an Oregon corporation Recorded September 16,1971 Book 835 Page 526 Affects The Easterly portion of said property 7. Easement,including the terms and provisions thereof: For Slopes and storm sewer line Granted to City of Tigard Recorded September 15,1975 Book 1043 Page 989 Affects The Northerly portion of said property 8. Easement,including the terms and prop isions thereof: For Electric power line Granted to Portland General Electric Company,an Oregon corporation Recorded December 4,1979 Fee No. 79049955 Affects The Southwesterly portion of said property 9. Easement,including the terms and provisions thereof: For Sanitary sewer Granted to City of Tigard Recorded January 18,1995 Fee No. 95003860 Affects The Southwesterly corner of said property 10. Matters as disclosed by Survey by ALTA/ACSM survey made by Westlake Consultants dated January 5,2001,Job No.1510-C1,as disclosed by Deed: Recorded: May 7,2004 Fee No.: 2.004-050496 As follows: a.) Sanitary sewer line runs outside the easement area on the Westerly portion of said land. b.) Railroad crossing signal located in the Northeast corner of said land. 11. Lease,including the terms and provisions thereof,as evidenced by Memorandum. From Scott D.Fouser,Heidi M.Fouser,Jeffery J.Bieker and Cindy Bieker To The Coe Manufacturing Company Dated May 7,2004 Recorded May 7,2004 Fee No. 2004-050498 (Affects other property also) Subordination,Non-Disturbance,and.Attornment Agreement and Estoppel Certificate, including the terms and provisions thereof: Recorded May 7,2004 Fee No. 2004-050503 The lien of the above Lease was subordinated to the lien of the Trust Deed recorded May 7, 2004 as Fee No.2004-050499. PIas2FueI Corporation) July 31, 2009 Hap Watkins, Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Minor Modification —Type I Application — 7900 SW Hunziker Facility Dear Mr. Watkins, Please find attached our "Applicant Statement/Narrative" which is one of the required submittal elements for our Minor Modification application. It describes our intended use for the building. Responses to the evaluation criteria listed in the City of Tigard Development Code, Chapter 18.360.050.B are shown at the end. If you have any questions, please do not hesitate to contact me at 206-291-3206 or via e-mail at rhansen(a�plas2fuel.com. Thank you, Rita Hansen Director of Engineering 2300 Talley Way, Suite B • Kelso,WA 98626-5513 • Phone: 360.577.5654 • Fax: 360.544.0115 PIas2FueI Corporation' Applicant Statement/Narrative Plas2Fuel Corporation is an alternative energy company that designs, manufactures, and operates a scalable system capable of diverting mixed waste plastic (MWP) away from landfill disposal and redirecting it to an on-site technology capable of converting this plastic into useful, high-value petrochemical products. Today, a small-scale, single vessel Plas2Fuel system is installed and operational at Agri- Plas, Inc. in Brooks, Oregon. This system is approximately one year old and is being used to validate the Plas2Fuel technology, process and finished product (synthetic crude oil). Plas2Fuel desires to build upon the information and data generated from this single vessel system and set up a "showcase" facility that will be used primarily for Research, Development and Demonstration. This "showcase" facility will also be utilized as the company's new corporate presence. The facility selected is located at 7900 SW Hunziker Street (aka Wall Street) in the City of Tigard. It is a shared building with Vial/Pham Construction, the current property owner. The space being considered by PIas2Fuel consists of the three east bays and is approximately 22.306 sq. ft. in size. The previous occupant of the building was Coe Manufacturing. Ot i During the 3rd and 4th quarter of this year, Plas2Fuel intends to install and commission a four vessel, medium-scale system constructed with advanced automation and process controls. This system will be capable of converting 10 tons of mixed waste plastics into 2,350 gallons of synthetic crude oil each day. In this new location, Plas2Fuel Corporation will be employing up to 30 people, including skilled, semi-skilled, and professional labor. Manufacturing Description During the Primary Process of Plas2Fuel's technology, plastic feedstock is introduced to moderate heat (<1,100°F) under anaerobic conditions (Thermolysis1) in a vessel called the Plastic Reclamation Unit. The process decomposes the waste plastic quickly, producing gasification through chemical reaction as opposed to combustion. During the Secondary Process (condensing), the gas stream from the Plastic Reclamation Unit is processed through a condensing system where most of the energy is removed from the gases. The bulk of the gas stream condenses into synthetic crude oil, and the resulting oil is first transferred to an oil settling tank and then to a final product storage tank (12,000 gallon UL 142 aboveground storage tank with secondary containment). The remaining non-condensable gases are consumed in an Environmental Control Device. Thermolysis is defined as the dissociation or decomposition of a material as a result of being heated. The process is performed in a vacuum under anaerobic,or pyrolytic,conditions,so that combustion is removed as a chemical reaction pathway. When hydrocarbon-based plastics are subjected to Thermolysis,the long- chain polymer strands break down into shorter and shorter chains;as the long chains"crack"and approach five to fifty carbons in length,the now-shorter fragments acquire enough energy to move in the gas phase from the processing(or reclamation)chamber to the(downstream)condensing system, which removes the energy from each fragment. This results in each fragment returning to the liquid phase from the gaseous phase;the liquid molecules are then collected and stored as synthetic crude oil. 2300 Talley Way, Suite B • Kelso,WA 98626-5513 • Phone: 360.577.5654 • Fax: 360.544.0115 . i PIas2FueI Corporation' The process has been subjected to a regulatory compliance review by a technical consultant using the 2006 International Fire Code as adopted by the State of Oregon. The process is classified as Use-Closed System and considered non-hazardous from an occupancy standpoint. The plastic feedstock is not a hazardous material and is classified as a Class IV commodity. It is a free-flowing Group A plastic. Initially, Plas2fuel intends to arrange for delivery of this feedstock to the facility for direct consumption by the Plastic Reclamation Units. In the future, Plas2Fuel may pursue internalizing the manufacturing function of receiving and preparing recycled plastic (through a grinding operation) for further processing. Evaluation Criteria per City of Tigard Development Code Chapter 18.360.050.B The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: I. An increase in dwelling unit density, or lot coverage for residential development. Not applicable to this project. 2. A change in the ratio or number of different types of dwelling units. AM applicable to this project. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. No change in use is being proposed. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in type is being proposed 5. An increase in the height of the building(s) by more than 20%. No change in building height is being proposed. 6. A change in the type and location of accessways and parking areas where off- site traffic would be affected. No change is being proposed. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. No increase in traffic is expected. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet. No increase in area is being proposed. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space below the minimum required by this code or reduces the open space area by more than 10%. No reduction in area is being proposed 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. No reduction in project amenities is being proposed. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of 1-10. No modifications are being proposed. 2300 Talley Way, Suite B • Kelso,WA 98626-5513 • Phone: 360.577.5654 • Fax: 360.544.0115