MMD2002-00026 MMD2002 00026
TYLER' S
AUTOMOTIVE
CITY OF TIGARD
October 7, 2002 OREGON
Dennis Thompson
9295 SW Electric Street
Tigard, OR 97223
RE: Minor Modification Request for Tyler's Automotive, Case File No. MMD2002-00026
Dear Mr. Thompson:
This letter is in response to your request for a Minor Modification (MMD2002-00026) of the
existing site development located at 12485 SW Main Street, WCTM 2S102AB, Tax Lot 02800.
You have requested to modify the site by eliminating the existing gas pumps and fueling canopy,
installing new canopies over the service bay doors, and some cosmetic facade improvements.
The submitted site plans and elevations reflect the current conditions and proposed changes.
As you may be aware, automotive repair (with the exception of vehicle cleaning service) is not an
allowed use in the Central Business District and is considered non-conforming with respect to
current zoning and development code requirements. As part of this modification request, staff
must determine that the status of the non-conformity is not impacted.
Analysis of Non-Conformity:
The subject site was developed prior to the incorporation of the City of Tigard, and was
presumably an allowed use at the time it was constructed. This use is further legitimized by its
inclusion in subsequent modifying proposals, such as the car wash, which was approved in 1973.
Pursuant to Tigard Development Code, a non conforming use may not be enlarged, increased, or
extended to occupy a greater area of land than was occupied on the effective date of this
ordinance. To find that the removal of gas pumps and canopy will not result in an increased area
for service vehicles, staff must determine that the existing lawful use, the carwash, will benefit
from the additional site area that is made available from the removal of the fueling service. Since
staff cannot predict the intent of customers who may come to the site and park for either carwash
service or auto repair service, there is no grounds to deny the modification request on the matter
of this non conformity. The addition of canopies over the garage bay doors is viewed as facade
improvements, and do not extend or increase the size of the non-conforming use. However, the
owner shall note that without the presence of a conforming use on the property, the site presently
occupied by carwash and the parking area to be provided by the removal of the gas pumps will
not be available for auto repair related activities (parking, storage, etc.). It should also be noted
that inoperable vehicles shall not be stored in the present fueling areas.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 Paso 1 of 3
•
•
Analysis of Modification Request:
Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states;
"any modification which is not within the description of a major modification as provided in section
18.360.050 shall be considered a minor modification."
Section 18.360.050 states that the Director shall determine that a major modification(s) has
resulted if one (1) or more of the changes listed below have been proposed:
1. An increase in dwelling unit density or lot coverage for residential development.
The proposal does not involve residential property. Therefore, this standard does not
apply.
2. A change in the ratio or number of different types of dwelling units. This criterion is
not applicable, as this request does not involve a residential development.
3. A change that requires additional on-site parking in accordance with Chapter
18.765. The removal of gas pumps from the site will actually decrease the required
parking stalls, although it appears that additional parking space is being made available.
The additional canopies over the service bays has no impact to the parking standards.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. No change in the structural occupancy type of the building is
proposed. Therefore, this criterion is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. The applicant
has not proposed any changes to the exterior of the existing building that will affect or
increase the height. Therefore, this standard is met.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. No changes to the site layout or accesses are proposed,
therefore this criterion is satisfied.
7. An increase in vehicular traffic to and from the site and the increase can be
expected to exceed 100 vehicles per day. By removing the gas pumps, fewer trips
should result. Therefore, this criterion does not apply.
8. An increase in the floor areas proposed for a non-residential use by more than ten
percent excluding expansions under 5,000 square feet. Floor area is defined as "The
gross horizontal area under a roof, of all floors of a building." By removing the 960
square foot canopy, and adding approximately 375 square feet of new canopies, there
will be a net reduction in floor area. This standard is met.
9. A reduction in the area reserved for common open space and/or usable open
space that reduces the open space area below the minimum required by the code
or reduces the open space areas by more than ten percent. There is no common
open space required for this type of development, therefore this standard does not apply.
10. A reduction of project amenities (recreational facilities, screening; and/or,
landscaping provisions) below the minimum established by the code or by more
than ten percent where specified in the site plan. There are no specific amenities
Page 2 of 3
provided by the existing development. The amount of landscaping will not be further
reduced. Therefore this criterion is met.
11. A modification to the conditions imposed at the time of Site Development Review
approval that is not the subject of criteria (B). 1 through 10 above. The site was
developed prior to the existence of a Site Development Review process. A review of the
conditions from the previous Conditional Use approval shows that the conditions are no
longer relevant (street improvements to SW Electric which have occurred and
compatibility issues with single family dwellings which have since been destroyed). As
such, there are no preceding conditions of approval that affect this property.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO
THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR
BUILDING PERMIT APPLICATION.
This request is determined to be a minor modification to an existing site. The Director's designee
has determined that the proposed minor modification of this existing site will continue to promote
the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding
properties provided that, development which occurs after this decision complies with all applicable
local, state, and federal laws.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171 ext. 2428.
Sincerely,
Morgan Tracy
Associate Planner
i:\curpin\morgan\workspace\sdr\mmd2002-00026(tyler's auto).doc
Page 3 of 3
APPLICANT
MATERIALS
PRE,APP.HELD BY: m
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684.7297
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION
?imp 200z - as
File# . hot s � .�, _ 1 Other Case#
Date I /a 3.7o- I By 1`'\ )< Receipt# - _I Date Application Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmentNariance(I or II) ❑ Minor Land Partition (II) ❑Subdivision (II or III)
❑Comprehensive Plan Amendment(IV) Minor Modification (I) ❑Zone Change(Ill)
❑ Conditional Use (III) ❑ Planned Development (III) ❑Zone Change Annexation (IV)
❑ Historic Overlay (II or III) ❑Sensitive Lands Review(I, II or III) ❑Zone Ordinance Amendment(IV)
❑ Home Occupation (I or II) ❑Site Development Review(II)
❑ Miscellaneous (I)- (Lot Line Adjustment/Temporary Use/Tree Removal/Director's Interpretation, etc.)
LOCATION WHERE PROPOSED AC I IVI I Y WILL OCCUR(Address it available)
2-4 P"S 5.1 .1. 1-1A,114 — T`tc. 5 lsci-trbt-torw
TAX MAP&TAX LOT NOS.
se 2,A15 / ZBoo
TOTAL SITE SIZE ZONING CLASSIFICA I ION
C}
58 aG. GgN 1- i340(t4 bi9rrAc '
APPLICANT* Q
MAILING A- -L'a, /CTY AT P 4
t29 5 s.IA. 5l GTt2iL ST: - T'tE.,lzb Oe . 9/22 '3- 6109
PHONE NO. FAX NU.
6 503) 4P S O—2t 224- No 31 4.84- tot b
PRIMARY CONTACT PERSON PHONE IQ .
4 t-irtc `I"t-lo ip'ot4
PROPERTY OWNER/DEED HOLDER(Attach list if more than one)
S1&ti e A A‘PPULA 1-tT
MAILING ADDRESS/CITY/STAI E/ZIP
PHONE NO. FAX NO.
*When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the
space provided on the back of this form or submit a written authorization with this application.
PROPOSAL SUMMARY(Please be specific)
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• el✓Mbue, EKt',TIN.A Arts " !'[ht`t5.4h D a * L2- PuktIg t4/ t5P-irk..
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• ?tow, lbliTRG1" cflM ANWR-P■y G tCc11 Es G+NP-17- LPb , NU. I'Y 1144
110,T10 c . COMM l -tTs
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map 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(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
40G14A0---. 15 127/0L Own s Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Receipt #: 27200200000000003604
�.+ Date: 09/23/2002
T I D E M A R K
COMPUTER SYSTEMS, INC
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
MIS2002-00018 [LANDUS] Minor Modification 100-0000-438000 $435.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check NICOLI ENGINEERING, INC. BMK 1248 $435.00
TOTAL AMOUNT PAID: $435.00
1
. .._ .
■
ILIIII Nicoli Engineering , Inc.
IIM PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636
APPLICANTS STATEMENT
for
MINOR MODIFICATION REQUEST
Project: Tyler's Automotive
NEI#: 02-0701
Tyler's Automotive
12485 SW Main Street
Tigard, OR 97223
The property owner is requesting to modify the existing structure located at 12485 SW
Main Street, Tigard, Oregon. Tyler's Automotive operates as a restricted use at this
location. The minor modification is being requested for the upgrade/enhancement of
the exterior building elevations. The upgrade consists of the removal of the existing gas
pumps and canopy structure and removing the existing "shake mansard" type feature,
replacing it with brick, and adding a canopy system to the north and west elevations.
The following information addresses the criteria found in section 18.360.050(B), of the
Tigard Development Code, as required for approval of a minor modification of the above
noted project.
1 . An increase in dwelling unit density, or lot coverage for residential development;
Not Applicable
2. A change in the ratio or number of different types of dwelling units;
Not Applicable
3. A change that requires additional on-site parking in accordance with Chapter
18.765;
The removal of the gas pumps and modification to the exterior will not
require additional parking.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code;
No change in the structure type or classification will be modified as defined
by the UBC.
5. An increase in the height of the building(s) by more than 20%;
No height increase is being proposed with this application.
6. A change in the type and location of accessways and parking areas where off-
site traffic would be affected;
Existing accessways and onsite parking will remain, therefore no impact
will be imposed on the off-site traffic.
X\J-0207011Letters1Minor Modification doc
9025 SW Center Street Tigard, OR 97223— www.nicoliengineering.com
ti .
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 vehicular traffic will be created with this modification. The
removal of the gas pumps will in fact decrease the vehicular trip to and
from the site.
8. An increase in the floor area proposed for a nonresidential use by more than
10% excluding expansions under 5,000 square feet;
No increased habitable floor space is being requested with this application.
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%;
Open space will remain as is presently existing.
10.A reduction of project amenities below the minimum established by this code or
by more than 10% where specified in the site plan:
No project amenities will change with the proposed modifications.
a. Recreational facilities
Not applicable
b. Screening: and/or
Not applicable
c. Landscaping provisions.
No impact, landscaping is being proposed with this project
11 .A modification to the conditions imposed at the time of site development review
approval which are not the subject of B1 through 10 above of this subsection.
To the best of our knowledge/understanding of previous land use
conditions, our proposed modifications will not impact previous approvals.
If you have any questions regarding this matter please feel free to contact this office at
your convenience.
Respectfully Submitted,
James Andrews
jda/hmb
X1.1-020701\Letters\Minor Modification doc
NicoIi Engineering , Inc.
PO Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax: (503) 684-3636
LETTER OF TRANSMITTAL DATE .23.02 JOB NO.
9 DIO1O°j
ATTENTION
i��., RE -t�
TO 1 `�t#E,j2)s AUTO MoTiv�
l ..64.,,,.t MtI40W— N4ob1 Flax'oµ
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via The following items:
❑ Shop Drawings I rints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ❑ Other:
COPIES DATE NO. DESCRIPTION
3 2 SW x 1 l ectput.m.rm SLAT Ew
—3 1 - -02 5 1.4x St, Pu rv,t4- batu MEM-r -
I f I 1.4‘44t9 U. pe12mIT AP U Atiot4
THESE ARE TRANSMITTED AS CHECKED BELOW:
Cpl For approval ❑ Approved as submitted ❑ Resubmit Copies for approval
❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return Corrected prints
('for review and comment ❑ Other:
❑ FOR BIDS DUE 20 ❑ Prints returned after loan to us
REMARKS
COPY TO
SIGNED_ 4,„,,,,,,,,46.
SENT BY: NICOLI ENGINEERING, INC. ; 503 684 3636; SEP-24-02 9:49AM; PAGE 1 /2
NicoIi Engineering , Inc.
MIL I,
0O Box 23784 Tigard, Oregon 97281 • Phone: (503) 620-2086 • Fax:(503) 684-3636
RECEIVE .
SEP ° t 1n ?
FAX COVER SHEET iLu
DATE: September 24, 2002 TIME: 9:44 AM
TO: Kristie Peerman PHONE: 503-639-4171
COMPANY: City of Tigard FAX: 503-598-1960
FROM: Heather Baldwin PHONE: (503) 620-2086
FAX: (503) 684-3636
RE: Deed of Trust for Main Street Project
Number of pages including cover sheet: 2
Message
Kristie,
I hope all is well this morning.
Heather
SENT BY: NICOLI ENGINEERING, INC. ; 503 684 3636; SEP-24-02 9:49AM; PAGE 2/2
RECORDATION,t QUESTED Err.
U.S.Bank Nationst Association •
PL-7 thfimmercW•Loan Service-West "
• 555 S.W.Oak
Portland,OR 07208
WHEN RECORDED MAIL TO
U.S.Bank National Association • .
PL-7 Commercial Loan Service-West •
555 S.W.Oak . .
Portland,,QR•9720i •
•
•
•
•
• SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
CObank. •
• DEED OF TRUST
THIS DEED OF`TAUST IS DATED JANUARY 7, 2000, among Dennis C. Thompson, whose address is 12475 S.W.
Main Street,'Tigard, OR 97223 (referred to below as "Grantor"); U.S. Bank National Association, whose address
is PL-7 Commercial Loan Service - West, 555 S. W. Oak, Portland, OR 97204 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and U. S. BANK TRUST COMPANY, National Association, whose
address Is.111. 5.:W. Fifth Avenue, Portland, Oregon 97204 (referred to below as "Trustee").
CONVEYANCE•..410"GRANT. For vabutthie consideration, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's
right, Mile, and.;Interest, irf and to tha following described real property, together with all existing or subsequently erected or affixed buildings,
Improvements and fixtures;all easements,rights of way,and appurtenances;all water,water rights and ditch rights (including stock in utilities with ditch
or irrigation rights);and all other rights, royalties,and profits,relating to the real property, including without limitation all minerals, oil, gas, geothermal
and similar matiers,,iocated in Washington County, State of Oregon (the "Real Property"):
SEE EXHIBIT "A"
The Real Prgpertjf or its address Is commonly known as 12475 S.W. Main Street and 9295 S.W. Electric Street,
Tigard, OR 97223,;•.The Real Properly tax Identification number Is 2312AB-02800 and 2512AB--03300.
Grantor presently assigns to Lender (also known'as Beneficiary In this Deed of Trust)all of Grantor's right, title, and interest in and to all present and
future teases of the Properly and alt Rents from the Property, In addition, Grantor grants Lender a Uniform Commercial Code security interest in the
Rents and the Persons'Properly defined below.'
DEFINITIONS,;This following words stwlthave the fallowing meanings when used In this Deed of Trust. Terms not otherwise defined in this Deed of
Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful
money of the United States of America.
Beneficiary. 7hs..word'Beneficiary' means U.S. Bank National Association, its successors and assigns. U.S. Bank National Association also is
referred lo•as.'tendee In this Dead of Trust. •
•
Deed of-Tru4: The words "Deed or Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Properly and Rents.
Grantor. Thin.word,."Grantor" means any and all persons end entities executing this Deed of Trust, Including without limitation Dennis C.•
Guarantor„,-The word "Guarantor"•means and Includes without limitation any and all guarantors, sureties, and accommodation parties in
connecltorl.with the Indebtedness...
•Improvements.`.Ths word 'Improvement*" means and includes without limitation all existing and future improvements, buildings, structures,
mobile homes*trisect on me Real Property,tswNittes,additions,replacements and other construction on the Real Property.
Indebtednesa..;•.The word "tndebtadpfrss".:means all principal`and Interest payable under the Note and any amounts expended or advanced by
Lender to discharge.obligations ot;G/Qpto Qr,expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust,
together wit)}in)era op.�lh±! Q , vipd in.)hls.l .of Trust.•
Lender The word, ender",mean$I I,$,Sank National Atssoctelion,its successors and assigns.
Note. The tft►ord f'149te"m> ltn bi Rtidtlaed•Januiry-7, 2000, In the principal amount of $437,600.00 from Grantor to Lender,
together with all renewals extension., moditloatJens, refinancings, and substitutions for the Nole. The maturity date of the Note Is January 20•
2010, Tne rale of Interest on the Naigls sybiect to test°Yine araleatmerii-re