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MMD2009-00002 MMD2009 00002 CHERNAY INTERNATIONAL, INC . NOTICE OF TYPE I DECISION u MINOR MODIFICATION (MMD) 2009-00002 2,14 CHERNAY INTERNATIONAL-VEHICLE SALES 120 DAYS = 06-12-2009 SECTION I. APPLICATION SUMMARY FILE NAME: CHERNAY INTERNATIONAL,INC CASE NO.: Minor Modification (MMD) MMD2009-00002 PROPOSAL: The proposal is for change of use from general retail to auto sales/export, export of food products and import of biodegradable products. No outside storage of automobiles or any other business related products is proposed. All storage incidental to the business will be stored in the warehouse portion of the business. Some minor interior remodeling is proposed in the office space. APPLICANT: Chernay International OWNER Walton CWOR Park BC 8,LLC Sue Tsai,Admin. Manager Alixandra Brevig,Agent 9020 SW Wa. Sq. Rd, Suite 520 One SW Columbia St, #950 Tigard, OR 97223 Portland, OR 97258 LOCATIONS: 12156 SW Garden Place;WCTM 2S101BB Tax Lot 01400. 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, 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390 and 18.520. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00002 Chernay International,Inc.021309 Page 1 CONDITIONS OF APPROVAL THE APPLICANT SHALL COMPLY WITH THE FOLLOWING CONDITIONS 1. There shall be no storage of automobiles which are related to the import/export business outside the structure. 2. There shall be no storage of food products outside the structure. 3. There shall be no storage of any other product related to the import/export business outside the structure. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 12156 SW Garden Place. The building is in the Park 217 Center, a business complex in the C-G Zoning District. The space for the business is currently general retail use. The proposed use is motor vehicle sales, a permitted use in the C-G district. Proposal Description: The proposal is for an import/export business dealing with exporting used cars and bulk agricultural food products, and importing biodegradable products. The use of the space is primarily office related with accessory storage of vehicles in the warehouse awaiting shipment. The proposal specifically states that there will be no outside storage of any vehicles or other products. The applicant does not propose any changes to the exterior of the building, and there will be only minor partitions added to the interior. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION TO CONDITIONAL USE: Section 18.360.050 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 is no residential use in this complex. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwelling units; There is no residential use in this complex.Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; The space will not be enlarged and parking is computed on area and use. Therefore, this criterion does not apply. MMD2009-00002 Chernay International,Inc.021309 Page 2 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The applicant does not propose any changes to the type of structure. Therefore, this criterion does not apply. 5. An increase in the height of the building by more than 20%; The applicant does not propose any exterior changes. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; There are no proposed changes to the type and location of access ways and parking areas. 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 increased traffic to and from the site is only slightly increased due to the change in use (Less than 10 per day). Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet; There is no increase in floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common open 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%; There will be no changes outside the building. 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; There will be no changes outside the building.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of the site development review approval which is not the subject of B1 through 10 above of this subsection. There are no proposed modifications to the conditions of the approved site development review.Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of an approved use 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 MMD2009-00002 Chernay International,Inc.021309 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 FEBRUARY 13, 2009 AND BECOMES EFFECTIVE ON FEBRUARY 14, 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. February 13.2009 APPROVED BY: p el"Hap"Watkins DATE ssistant Planner MMD2009-00002 Chernay International,Inc.021309 Page 4 J ti --.--.1...1--1-1111-:Th N...I J r� , ice, ,��!{# VICINITY MAP'''' eN'C.-, n ri � ! -� , - A.10 5 t"• ',. '� _ MMD2009-00002 --`,o-�_�—' t,r�': �o% ' +�y CHERNAY INTERNATIONAL i.�J �–� �' r?,� L �! 1 \ TLANTA"ST VEHICLE SALES 1 Tr.,---, .L10{} •i, .....,;:„.- –11 11-„-T . ___ py. __, \ \11- r r + f c'�c ~''∎ / 11 ® Subject Site r"' '9, IA l'6 1 r s. - - 7 _� s y�i bl l'E L-� 1/f�44' /_ Ill \_.CS p% •lr ,' ....if4.- I b4--____Our, t sr t3, r T IlW ledEl �!p L�De�ty PBrb cv '�rV :....n r,F t O G Tlg rd Vt,-,-.1 -� 2S101BB01409; •, �........ *;,1)is „-/.. J ,_'IA in .....___ ssw' �•�. �°'���� aa� a��11�: �{ ::' jl ri.I.E.'» 'fig �1ii� \iiii�`*T ?may �� la 111 Ir_ /..... ,, ..- g \k: ..,.....„,„ / . , , „____,_ , , lit , .., , ., ..,.si, „. ' ,„ \ _° `ii r,. ALA—+� -- ;_J 14.y .� -_ ® j 1 i !t 1 nnasho ld this map d for general elop e i. f tc,Q••, +`�-+- rJ < on and should be verified with the Development Cj \+' , ( 1 \t... Services Division. f ^^^--���177 ` I Scale 1:6,776-1 in=565 ft• �• �£ Ofi __.a_,i - Map panted at 13-FeD-09 1"L:44 PM (1! .'`!, '� i ���T 1 1 '+` -- _ -- DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGERS i .DATA NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE `y ti -� CONTENT,ACCURACY,TIAEUNESS OR COMPLETENESS OF ANY OF THE i - DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO f,', { I I I ` LIABILITY ORMATION OMISSIONS OF HOW CAUSED THE',...„,...._ 1 t )1 ' ' \ \ X,•. \ T.WU 4~ _ �Z• 4k.1 .` r-. ':• 1 City of Tigard •e E ,' k 13125 SW Hall Blvd oR h• f/fr} - r y � T GARDJ ps Tigard,OR 97223 yy / ./ f l Pf 503 639-4171 ■ • 7,� • I P 6. Mnvw.tigardor.gov YtOARp MAILING RECORDS UI AFFIDAVIT OF MAILING IN TIGARD I,Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and saythat I am a Planning Assistant for the City of Tigard,Washington County,Oregon and that I served the following: Cited,Appropnate Box(s)Bebwi © NOTICE OF DECISION FOR MIvID2009-00002/CHERNAYINTERNATIONAL.INC.VEHIC EF. SALES (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 February 13,2009,and deposited in the United States Mail on February 13,2009,postage prepaid. A . ( - ed Ail (16 Wir (Person that repared Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the oZS day of F�824-/t141?"(' ,2009. OFFICIAL SEAL J - SHIRLEY L TREAT f) NOTARY PUBLIC-OREGON I) + COMMISSION NO.416777 ARY PUB C OF OREGON 1 . MY COMMISSION EXPIRES APRIL 25,2011 r N 1 My Commission Expires: µ4P-51( EXII : A NOTICE OF TYPE I DECISION N MINOR MODIFICATION (MMD) 2009-00002 CHERNAY INTERNATIONAL-VEHICLE SALES 120 DAYS = 06-12-2009 SECTION I. APPLICATION SUMMARY FILE NAME: CHERNAY INTERNATIONAL, INC CASE NO.: Minor Modification (MMD) MMD2009-00002 PROPOSAL: The proposal is for change of use from general retail to auto sales/export, export of food products and import of biodegradable products. No outside storage of automobiles or any other business related products is proposed. All storage incidental to the business will be stored in the warehouse portion of the business. Some minor interior remodeling is proposed in the office space. APPLICANT: Chernay International OWNER Walton CWOR Park BC 8,LLC Sue Tsai,Admin. Manager Alixandra Brevig,Agent 9020 SW Wa. Sq. Rd, Suite 520 One SW Columbia St, #950 Tigard, OR 97223 Portland, OR 97258 LOCATIONS: 12156 SW Garden Place;WCTM 2S101BB Tax Lot 01400. 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, 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390 and 18.520. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00002 Chernay International,Inc.021309 Page 1 CONDITIONS OF APPROVAL THE APPLICANT SHALL COMPLY WITH THE FOLLOWING CONDITIONS 1. There shall be no storage of automobiles which are related to the import/export business outside the structure. 2. There shall be no storage of food products outside the structure. 3. There shall be no storage of any other product related to the import/export business outside the structure. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 12156 SW Garden Place. The building is in the Park 217 Center, a business complex in the C-G Zoning District. The space for the business is currently general retail use. The proposed use is motor vehicle sales, a permitted use in the C-G district. Proposal Description: The proposal is for an import/export business dealing with exporting used cars and bulk agricultural food products, and importing biodegradable products. The use of the space is primarily office related with accessory storage of vehicles in the warehouse awaiting shipment. The proposal specifically states that there will be no outside storage of any vehicles or other products. The applicant does not propose any changes to the exterior of the building, and there will be only minor partitions added to the interior. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION TO CONDITIONAL USE: Section 18.360.050 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 is no residential use in this complex. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwelling units; There is no residential use in this complex. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; The space will not be enlarged and parking is computed on area and use. Therefore, this criterion does not apply. MMD2009-00002 Chernay International,Inc.021309 Page 2 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The applicant does not propose any changes to the type of structure. Therefore, this criterion does not apply. 5. An increase in the height of the building by more than 20%; The applicant does not propose any exterior changes.Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; There are no proposed changes to the type and location of access ways and parking areas. 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 increased traffic to and from the site is only slightly increased due to the change in use (Less than 10 per day). Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet; There is no increase in floor area.Therefore, this criterion does not apply. 9. A reduction in the area reserved for common open 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%; There will be no changes outside the building. 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; There will be no changes outside the building. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of the site development review approval which is not the subject of B1 through 10 above of this subsection. There are no proposed modifications to the conditions of the approved site development review. Therefore, this criterion does not apply. FINDING: Based on the analysis above, Staff fords that the criteria for minor modification of an approved use 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 MMD2009-00002 Chernay International,Inc.021309 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. Fr THIS DECISION IS FINAL ON FEBRUARY 13, 2009 AND BECOMES EFFECTIVE ON FEBRUARY 14, 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. ho f'`A February 13.2009 APPROVED BY: p rel"Hap"Watkins DATE ssistant Planner MMD2009-00002 Chernay International,Inc.021309 Page 4 MI ul M� �, ��� C] I -f ' VICINITY MAP —. I a 1 a i , '� '�r� ,---.6' i,�1" '�t� ' MMD2009-00002 o CHERNAY INTERNATIONAL ill r----1 '�/�c y��, l� ' 4 ' �r��Nr�'sr VEHICLE SALES...,,„L_ r 4 t i I I --s- °may �' —..J.. ,, \\ r J 4 ___r—^-A .,.. , -...7 z V.....\1_,_ r 17, 1).1.'r:r..). \ "4 il ". ••• ii , t ii -tt a' p.L. Vil � r" �' _1�I ® Subject Site ?Y MPF _l I I + , lU �. 0 row E Obl. MP 5 – – ?P 4� L . - "alit -�z,, .... y} I ._AR Mop H r ?of `:/.Lowly Parti to ............ 1 .>",r,, i .S. -,:k. ---.e ./..'N. . TIg rd ✓ I + 25101BB01400ii , `P Q _ ..... '.''.'' #0 '''''' '. :i/ 111 I I I/I---1:I ;:f7:-.".. :..4 .. .7..a, ill* 1...,:;wiiiii::::.::„ 1 rw 1 .11111 K„ez WeitanJ \ , . 1'4. , --. , r F-117:5111--7ill Y \\,-„,.... ..,.. B�VECAND RD. � 0," �•f, /T,.' ,� : - j,' Si t° . t 1 y Information on this map is for general location tc '+1 ! / —' only and should be verified with the Development I +! f r f Stsrvlus Division. 'e l �y�. 'f�, ,, 'ry t__ r I 1� _� \\:\\ Scale 1:6.776-tin=565 ft o\ � !? f (1.14:....,...:_j _ ' 'i !-i Map panted at 13-Feb-09 12:44 PM I,� ,, ! r �-` 1I DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD + MAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE 'M'P. 17 <L.,. ,` CONTENT,NO WARRANTY,,REP THE ESS OR ION OR GUARANTEE P ANY M OF THE •t I ',} �•^- �— LIABILITY IV FOR ANY ERRORS,OMISSIONS IORRWACCURACIES IN THE 1 I INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. $'� \ ...� t: , ij twal, J "` ,� 1= ..Il' iI �+,,. -- City of Tigard .— , 1 8 ^� j ` ` 13125 SW Hall Blvd G4 �i \, r � ~ 001440 Tgard OR 97223 gF . 503x4771 �' • P _ :\6\,\\. www.tigard-or.gov q{(,ARD WALTON CWOR PARK BC 8 LLC MMD2009-00L BY TTA/ePROPERTY TAX DEPT 325 CHERNAY INTERNATIONAL, INC. PO BOX 4900 VEHICLE SALES SCOTTSDALE,AZ 85261 Walton CWOR Park BC 8 EXHIBIT Alixandra Brevig,Agent One SW Columbia St., Suite 950 Portland, OR 97258 Chernay International Sue Tsai, Admin. Manager 9020 SW Washington Square Road, Suite 520 Tigard, OR 97223 WALTON �-,( J�/0/ Pg)fiaeb WALTON CWOR PARK BC 8 LLC `� / BY TTA/ePROPERTYTAX DEPT 325 SC BOX / SCOTTSDALE,AZ 85261 • v�/.,�/v/, APPLICANT MATERIALS r . ECE D . ," . • •. ..•_ . .. .. .. • • . • •• 4 2009 .•.. . . .. . , . . .. . ... . .. .:•. : 11ED FEB: :. . : . . ... .... .... . . ili City o f Ti and . • :.,. ... * A . Minor Modification . pp �- �� � ,1�- : = �c4t$9...�. GF NE RAL INFOB.MLATION •:In addition, the Director rnust find that the proposed ,?.IrJ W ohange ma u1 compliance with:all applicable requirements of•Property-Address.JLoc.atiofl(sj: 'Title 18 Of.the Tigard Development Code. To complete: . i I •r . this-:rem dew; the Applicant s proposal must include a -•Tax Map&TO_x-;iQ t k(s:: : . . � ••discussion ntcdicating• how the site-eapansion/change will of • . : co. ntinue,CO- ompl) with the nmaximtun'setback, blinding .he ht, and ap standards. Other Site Size: p' g' and 1 sc mg requirements of tits>t,tle such as clear vision, solid waste •hcant* ]] Auto /rtj4rn,.f;-,z-�I /n a storage, non conforming. ,situations signs, and tree App• Cker Address: /? (S/ s,,,,,j 64ye1vi1 /)l - retno/al flay-also be applicable depending on the type aitd. Cr o�1 Zip 77 Z3 _ location of the proposed modifications. • City/54w: 7 ,rd 11 — . . . PrtrnarvCont ct: Sue 7s•at - . o'((� Phone:,�3-Sz,S- zo�.,� Fax:�•o,� (��'. - . .. . ' E Mail SuefGteriytP core/ Pmpeity Owner/Deed Holder(s)' : _. RECD SUBMITTAL ELEMENTS I (Aaac lisx if rnorr thahosx) _'(Applications will nQ be accepted without the ��.L�N. cu.'.A�.::�.�1 . ...: .:��;�_-::_ ..:follow�x�requr#!ed submt[al elen.entsj . , • Address: 4,41/./ Li/odf Phone: n>"o •City/State: Sr ..1.ow Z : � � .. ':::-..•.:. . _`� ''! W�'Owner's Srgnawre/Writcen Authorization • -*When the owner a,ud the applicant are different people,'the -.. ::-(i?' Tale Transfer.Inst;uinent or Deed . . applicant mmust:.be the purchaser oI-record or'a lessee m ... : Q. .Bice Plan(3 LakxgePlans.&One-Reduced cu 8'1:"i11.1✓ possession.with written authorization .frarn the.owner or an... Hearts stateracat arririve(3.copresj a' ..APP agent of the owner. The owners must sign this application- • •.. �—1 FUing.Fee $574.00 in the space provided on the back of this form or submit a'- .I written authorization with this application. _. .. •Minor Mod if ications . Minor Modifications..are processed for permitted•uses: and ' conditional uses. Tp new`'.:a modification as-.a!:,Minor . . ... xpansio : Modification, the Directs must fast find that,the e n or change does not int nke,one or more of the s titena :' f4 T E ONLY.• discussed:'Within Section 18 60050(B) Site.DeFelopA nt .. Review.orSection 18 330 020(B)(2) - Conditional Lise If the -.;-,.....-•:: .Case No:(sj:; ' t. 1 .v a - • _ modification:exceed s the iraximucn allowed under .anj�on or. .. • • more of the.criteria,a.Major`Moddreatio,t revienv is.•irgaued., Other Case 1*To;{s}:, :Major Modificationc are'processed in.`the_same manlier as.a • new Site Development Review or Conditionaltse Permit. Receipt:�to•:_ . - DQ o 3 i y . (' Date d,.4.111(0`l:.`.:... .•A4.p) licant's Statement; • . . The applicants statement.must include -.a .st„ntnar of tdae Application Accepied B.. •�.. .et7 " proposed changes. . Criteria in either 18:36f3 05a(B),;. r Date.Dete. ''.sled C rnplru:::": 18 330 020 _).nmt t be:addressed:with a de t,lnd response :.:.r= ::.- to each.`ri iter,on. Failu a provide'the p stop needed. L, �i r . �„ .�oa.-t, to process the appl canon 'would.'.be reason to-.cxsnsider•'an . application incomplete and delay . • review of the proposal . • . . 'City.of.Tigard. •� ..13125 SW Hall Blvd.,Tigard,OR97223. I Sp3=639.4171 { www.tigard-or.gov ; Page 1.of 2 I 7ro=der an application complete,you will need to submit ALL of the REQUIRED St513..MITTAil„ ELEMENt2371 desetibed on the front of this application in the iteqUired Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon reque.st,for ail types of Land Use Application ) THE APPLICANT(S)SHALL CERTIFY THAT: • flbove zjst 1124.110L,Iiigaitlax4ellagLietionsjattached to liritipset upon.Olt subject . property. • If the application is granted,the applicant exercise the tights granted in accordance with the tern and subject to all the roixtitions-and li1ZUt4ons Of the appraraL • All of the above statements and thestatements in the site plan, attachments,and exhibits transmitted herewith,are true;and the applicants so acknowiedge that any permit issued,based on this application,and may be revoked if it is found that any such stir/moms are talse. • 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 subiectproperty. DATEDthis dayof tebrGtAciej 20 0 ./..4 CPA41 CC/14 6rk lads& Owne s Sign u47 Owncr's Signatutt . Ar • a (-/CI? e4.410g 6C- Owner's Signature Owner's Signature r a Wei or chersoq iney44/ip,/4/ /nc. Owner's Signature Qviner's Signature . . • . . , . , • - City of Tigard 13125 SW Hail Blvd.,Tigard,OR 97223 J 503-639-4171 I www.tigard-or.gol. Page 2 of 2 e CITY OF TIGARD 2n 1/2009 13125 SW Hall Blvd. 3:51:07PM Tigard,OR 97223 503.639.4171 ' TIGARD Receipt #: 27200900000000000312 Date: 02/11/2009 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2009-00002 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2009-00002 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: IP Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check CHERMAY INTERNATIONAL ST 1285 In Person 574.00 INC Pa■men( I'olal: $574.00 c Ruin pt.rpc Page 1 of 1 GVA Kidder Mathews Worldwide Real Estate Solutions One SW Columbia Street, Suite 950 Portland, Oregon 97258 Tel. 503.221.9900 Fax. 503.221.2277 www.gvakm.com February 3, 2009 City of Tigard Permit Center 13125 SW Hall Blvd Tigard, Or 97223 RE: Park 217/ Suite 12156/ Minor Modification Type 1 Application I am the agent for the owner of Park 217 in Tigard, Oregon. We recently signed a lease with Chermay International, Inc. for the above premises, and need to apply for a Minor Modification Type 1. Please be advised that Chermay International, as Tenant, has been authorized by Walton CWOR Park BC 8, LLC, Owner, to apply on the behalf of the Owner, for a Minor Modification Type 1. Please let me know if you need any more information in order to proceed with the application. I can be reached at 503-221-2293. Sincerely, GVA Kidder Mathews Alixan e ra Brevig, CPM, CCIM Senior Property Manager r • After recording,return to: ato345z.1 Until a change is requested,all tax statements shall be sent to the following address: Pircher,Nichols&Meeks Walton Street Capital,L.L.C. 900 North Michigan Avenue, Suite 1050 900 North Michigan Avenue, Suite 1900 Chicago, IL 60611 Chicago,IL 60611 Attention: Eli Finestone Attention: Luke G. Massar/Brian T. Kelly STATUTORY SPECIAL WARRANTY DEED Grantor: CALWEST INDUSTRIAL HOLDINGS,LLC, a Delaware limited liability company i Grantee: WALTON CWOR PARK BC 8, L.L.C., a Delaware limited liability company Legal Description: The legal description is on Exhibit A of the document Subject only to the matters listed on Exhibit B of the document. Assessor's Property Tax Parcel Account Number(s): R458196 and R458203 and R1276318 and R1276345 and R1276363 and R1276336 and R1276354 and R1276327 l�o L I co z LL OHS West:260231697.1 9062-875 CJ4/JAB Asset#8 STATUTORY SPECIAL WARRANTY DEED CALWEST INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company ("Grantor"), conveys and specially warrants to WALTON CWOR PARK BC 8, L.L.C., a Delaware limited liability company("Grantee"),the following-described real property described in Exhibit A attached hereto and made a part hereof, free of encumbrances created or suffered by Grantor except for the exceptions to title set forth in Exhibit B attached hereto and made a part hereof: The true consideration for this conveyance is Forty Million and 00/100 Dollars ($40,000,000.00). 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 AND 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. Until a change is requested,all tax statements shall be sent to the following address: Walton Street Capital, L.L.C., 900 North Michigan Avenue, Suite 1900, Chicago, IL 60611, Attention: Luke G.Massar/Brian T. Kelly. [Grantor signature appears on next page.J �' 7'• WASHINGTON COUNTY , RE�A�LFEi�OPE�RpTY Tf�ANS 5 '° ` "_ DATE r4;4i4 FEE PAID OHS Wes1:260231697.2 9062-875 CJ4/JAB 2 Asset#8 Dated this 1st day of June,2007. Grantor: CALWEST INDUSTRIAL HOLDINGS, LLC, a Delaware limited liability company By: Calwest Industrial Properties,LLC, a California limited liability company, its sole equity member By: RREEF America L.L.C., a Delaware limited liability company, its manager By: Craig Davey Its: Managing Director • • OHS West:2 6023 1 697.1 3 Asset#8 9062-875 CJ4/JAB .. S II STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN FRANCISCO ) On June 1,2007 before me,Laureen D.Maacks,Notary Public,personally appeared Craig Davey,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signatures)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument./ , „ , ,,,, ike,c_i____ WITNESS my hand and official seal.1 otary Public ..:,., tAUREEN D.MAACKS _ * Commission#1531817 l ' ::Y qi Notary Public-California 1 1�.r • San Franaisoo County My Comm.6cplres Dec A,2008 • EXHIBIT A Legal Description [See Attached] OHS West:26 023 1 697.1 9062-875 CJa/JAB A-1 Asset#8 4 Ear:D:T A 263653-8, Park 217 Business Center BP and Park 217 Louis Legal Description (Final) Real property in the city of Tigard, county of Washington, state of Oregon, described as follows: PARCEL I (Park 217): Lots 1, 2, 3 and 4, CROW PARK 217, in the City of Tigard, County of Washington and State of Oregon. TOGETHER WITH the easement for ingress and egress as contained in the Reciprocal Easement Agreement recorded August 26, 1985 as Fee No. 85033260. Said easement is for the benefit of Lots 2 and 3 listed above. PARCEL II (Lewis Building): Beginning at the Southeast corner of Lot 4, TIGARD ROAD GARDENS, in the County of Washington and State of Oregon, and running thence North 20°10' West along the Easterly line of said Lot 4, a distance of 494.8 feet, more or less, to an iron pipe on the Southeasterly line of that portion of SW Pacific Highway 99W conveyed by the State of Oregon, by Deed recorded October 26, 1939 in Book 184, page 539, Washington County Deed Records; thence South 62°54'20"West along the Southeasterly line of said Pacific Highway 110.46 feet to an iron pipe; thence South 9°29'10" East 253.66 feet to an iron pipe; thence South 83°04'30" West a distance of 50.05 feet to an iron pipe; thence South 9°29'10" East 190.35 feet to an iron pipe; thence North 83°04'30" East 247.2 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to Knauss Chevrolet Company Deed recorded July 10, 1962 in Book 468, page 389, Washington County Deed Records, described as follows: Beginning at the Northeast corner of that tract described in Deed to Knauss Chevrolet Company, recorded in Book 456, page 199, Washington County Deed Records; thence South 9°29'10" East along the East line thereof 150 feet to the true point of beginning; thence North 83°04'30" East 20 feet to a point; thence South 9°29'10" East to a point on the South line of Lot 4, TIGARD ROAD GARDENS; thence South 83°04'30" West 70.05 feet to the Southwest corner of said Lot 4; thence North 9°29'10" West along the West line of said Lot 4, a distance of 190.35 feet to a point; 4 thence North 83°04'30" East 50.05 feet to a point; thence North 9°29'10" West to the true point of beginning. ALSO EXCEPTING THEREFROM that tract conveyed to Knauss Chevrolet Company by Deed recorded July 31, 1963 in Book 492, page 250, Washington County Deed Records, described as follows: Part of Lot 4, TIGARD ROAD GARDENS, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at the Northeast corner of that tract conveyed to Knauss Chevrolet Co., by Deed recorded July 30, 1962 in Book 468, page 389, Washington County Deed Records; thence South 09°29'10" East along the East line of said Knauss Tract 294.01 feet to the Southeast corner thereof which is on the South line of said Lot 4 a distance of 53.42 feet; thence North 13°03'30"West a distance of 295.41 feet to a point; thence South 83°04'30" West a distance of 35 feet to the place of beginning. PARCEL III: Together with the easment for ingress and egress as contained in Declaration recorded October 22, 1981 as Fee No. 81035796. APN: R458196 and R458203 and R1276318 and R1276345 and R1276363 and R1276336 and R1276354 and R1276327 EXHIBIT B Exceptions to Title (1) Interests of tenants in possession of the Property, including, without limitation, the right or rights of first refusal, options to purchase and purchase rights set forth in the leases for such tenants; (2) Matters created by or with the written consent of Grantee; (3) Non-delinquent liens for real estate taxes and assessments; (4) Reservations on patents;and (5) All other exceptions to title to the Property, whether or not of record, including, without limitation, exceptions disclosed by public records and any other exceptions to title which would be disclosed by an inspection and/or survey of the Property. OHS West260231697.1 9062-875 Cl4/JAB B-1 Asset#8 W County,Oregon 061071200702:51:47 PM 2007 063448 D-DW Cnt=1 Stn=8 C PFEIFER $45.00$8.00$11.00$40,000.00-Total=540,062.00 111H11111111111111111111 1111 III 01125006200700634460090091 I,Richard tiobornlcht,Director of Assessment and ,�;_ Taxation and Ex-Otfiek County Cterk for Washington County,Oregon,do hereby certify that the within °�"f • Instrument of writing was received and recorded In tin =� -i book of reoads of said coutti i.a>9.•�y j;7� Richard Hobernlcht,Director of Assessment ' Taxation,Ex-Officio County Clerk • % RECEWED RECEIVED C H E R M AY FEB 1 1 2009 CD Amor N ' N N F. BUI ON CITY OF TIGARD PLANNII'!GIENGINEERING Chermay International Inc. 9020 SW. Washington Square Rd. Suite 520 Tigard, OR 97223 Tel: 503-526-2033 Fax: 503-646-6677 Date: 02/03/09 Re: Minor Modification-Type I Application Dear City of Tigard To Whom It May Concern: We are not going to modify or do much change in the new office, located at 12156 Garden Place, Tigard, OR 97223. The current office layout will keep in as is condition. We will add 4 petitions in the open area close to Man & Woman's restroom and add 2 office desks in the hall way that going to the warehouse. Please see the drawing layout in the next page and if you have any questions or concerns, feel free to contact me at 503-526-2033. Sincerely, Chermay International Inc. 'IO V Sue Tsai (Administration Manager) 9020 SW.Washington Square Rd.Suite 520,Tigard,OR 97223 USA Phone:(1)503-526-2033 Fax:(1)503-646-6677 Keynotes O----� , I. =VIM ra.w. n.cr.+a,./Gr.,.rt .l4 SW.Lam....,t.131 t7.34.MU O " 9µ��l Walton CWOR rilik7. .. .. * \*-..:--. so°4tta likt„...,,.....").-• . .-... . - N /♦+' Park 8C 8, law W N M\:„.....e. 1c\ l '' Proposed"%4111.'r'°' 11.1111/4,4\ "". iya caard•nfloc. 'L ir,, go_,,c.,'il -.S. 444. /- r '2144rwo,,o-\ c4, _ _ `a '!215/0. \,. Ingespi_ Site Plan li O siaL ri - ( rh�,a� \ � M.. No \W 16' . I iwe.oP wart Site Ron �_ ® MV O& yr. h+++rl.,ms a.w.s 0....m i..Y._.. Nei/0 R., Minor Modification Type I Application• M l.I ■ 12156 SW Garden Place Tigard,Oregon 97223 ` EE I fr1 DEEL CONFFRFMCF, 1 cal co, OPEN OFF1.Ci MEN ° ®• V - OFFICE CifiCf. DIE= DEICE -1 mj 1 � v1 • 0 lb 12156 SW Garden Place Tigard,Oregon 97223 1 OFFlCF CONFFRFNCF, l 1 I i a., /� 0117;'' f nl A tl 0 MEN �*P24 g ;' ❑ 6C3 L Sala WTI deW i SEICE DOME Cher'K. t OFFICE arrIQE ,_Y w 111 CHERMAY law B. Evaluation For Modification 1. An increase in Dwelling unit density, or lot coverage for residential development Answer: No. We are not going to make structure or lot change for the business. 2. A change in the ratio or number of different types of dwelling units; Answer: No. We are keeping the current unit in as is condition. 3. A change that requires additional on-site parking in accordance with Chapter18.765; Answer: No. We are keeping the current unit in as is condition. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Answer No We are keeping the current unit in as is condition 5. An increase in the height of the building(s) by more than 20%; Answer: No. We are keeping the current unit in as is condition. 6. A change in the type and location of access ways and parking area where off-site traffic would be affected; Answer: No. We are keeping the current unit in as is condition. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Answer: No. Not for our kinds of business 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Answer: No. Not for our kinds of business 9. A reduction in the area reserved for common open 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%; Answer: No.We are not changing much on the current layout in office. 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. Answer: No. We are keeping the current unit in as is condition. 11. A modification to the conditions imposed at the time of site development review approval 9020 SW.Washington Square Rd.Suite 520,Tigard,OR 97223 USA Phone:(1)503-526-2033 Fax:(1)503-646-6677 411 1110 CHERMAY which is not the subject of B1 through 10 above of this subsection. Answer: No. We are keeping the current unit in as is condition, just to add the partition and desks in the office. 9020 SW.Washington Square Rd.Suite 520,Tigard,OR 97223 USA Phone:(1)503-526-2033 Fax:(1)503-646-6677 Hatkins From: Sue [suet @chermay.com] Sent: Thursday, February 12, 2009 11:48 AM To: Hap Watkins Subject: Nature of Business Hi Darrel, We are an import& exporting company, the nature of our business is to export agriculture food products to China and buy the biodegradable products such as plates, tray, utensils and golf teens from China to U.S and also sell used automobiles to China. There's no outside storage for the cars and other products, all are limit to inside storage only. Especially the automobiles, we only purchase the model that customer want and store in the warehouse for shipping, so we must store inside the warehouse for good condition and safety. Thank you, Sue Tsai Chermay International Inc. 9020 SW. Washington Square Rd. Suite 520 Tigard, OR 97223 Tel: 503-526-2033 Fax: 503-646-6677