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MMD2003-00003 MMD2003 00003 RUSS CHEVROLET kokitit March 3, 2003 CITY OF TIGARD OREGON Russ Chevrolet Co., Inc. Attn: Steve Roos 11880 SW Pacific Highway Tigard, OR 97223 Dear Mr. Roos: This letter is in response to your request for Minor Modification (MMD2003-00003) approval for a change of use from a retail establishment to a motor vehicle sales office for the purpose of displaying vehicles and additional storage for the existing auto dealership directly west of this site. The site is located at 11860 SW Pacific Highway, and is described as WCTM 2S101 BB-00400. The Tigard Community Development Code (TDC), Site Development Review Section, states; "if the requested modification meets any of the major modification criteria, that the request shall be reviewed as a new Site Development Review application." Section 18.330.020.B.2 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. This portion of the site currently has 10 spaces available for parking. According to the information provided, the applicant has ample parking to accommodate the proposed expansion. The TDC requires 5 parking spaces for the 4,873 square feet that is being leased by Russ Chevrolet. This criterion is satisfied. 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 building height will not be increased as a result of this proposal. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request will not require a change in accessways 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. This modification is not expected to generate anymore vehicular trips than what is already occurring at the existing facility. The majority of the leased space will be utilized for storage. Therefore, this criterion is satisfied. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Pa•e 1 of 2 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. There is no increase in floor areas proposed for this development. This standard is not applicable. 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. The modification will not affect landscaping or open space. 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. The addition will not reduce project amenities. 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 modification will not impact any of the conditions of approval of SDR8-81. THIS REQUEST HAS BEEN APPROVED SUBJECT TO THE AFOREMENTIONED FINDINGS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR PROPOSED MODIFICATIONS TO THE BUILDING DEPARTMENT. 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. 2434. Sincerely, l ____ Z/--7 _ Brad Kilby, AICP Associate Planner c: 2001 Planning Correspondence file SDR 8-81 Land use file (microfilmed) Page 2 of 2 • Date/Time Stamp 3/10/2003 Ally*At At, 12:07 PM -�-- - --� New Records City of Tigard, Oregon Transmittal Form Department: Community Development Account: 2230 Date: Current Planning Division Prepared by: Patty Lunsford, Planning Secretary Extension: 2438 Date: Retention Retention Record Series Description: From To Code: Period: Title: Planning—Land Use File Modification. 3/3/03 Same as land TO BE MICROFILMED WITH ORIGINAL LAND use files USE APPLICATION THAT IS ALREADY ON MICROFILM RUSS CHEVROLET SALES OFFICE MMD2003-00003 To be microfilmed and added to SDR 8-81 already on microfilm. KEYWORDS: Should have already received a copy of the decision to key into clerk index. TO BE COMPLETED BY RECORDS DIVISION STAFF Received by: Date Medium: Received: Clerk's Index: Clerk's Index Record Identification Yes ❑ No ❑ Date of Entry: Code: I:\CURPLN\MASTERS\TRANSMITTAL-LAND USE FILES.DOC 1 APPLICANT MATERIALS I - r MINOR MODIFICATION ' ?_iy, TYPE I APPLICATION /ED 639-4171 503 OR 97223 13125 SW Hall Blvd., Tigard, O (503) (25013)M-7297 CITY OF TIGARD g ��' GENERAL INFORMATION oil y or fI it ARD �� PLANNING/ENGINEERING Property Address/Location(s): / 165Z. 5-1.0 I)frei- `r✓ liu./9 •T(G14-r 2 #l ei'7 Z Z-7 FOR STAFF USE ONLY Tax Map & Tax Lot#(s): QSI C't I g600r-100 Site Size: SO)DDi43 d Case No.(s): PA r'vl D a 003 - boob n Applicant*: SS Ntee)to CC • GllC Other Case No.(s): 3OIZ K- V Address: //gees fi c i A f/ m..6/62. Receipt No.: .2003 - o o 7 g$ City/State: 17OA°-'i 7 02, Zip: '17ZZ 3 Application Accepted By: Primary Contact: S' e- ��j' Date: a^/a7/0.3 Phone: :O -G'3c -/76,e Fax: 03- 597 • n Property ert Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: f �X f ea. Rev.7/22/2002 \curpin\masters revised\minormod.mst (di/le/61f IrirrK s;ilril9 z f�© ft/AA d e. ` l Address: 7 ZO 5 i LU''/Srfn k.- '�`� on 3° fn.MS::S`J If City/State: #20/1-1M-741 C12, Zip: 17"/ref - REQUIRED SUBMITTAL ELEMENTS * When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. la Application Form PROPOSAL SUMMARY L ' Owner's Signature/Written Authorization The owners of record of the subject property request permission for a 0 Title Transfer Instrument or Deed Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not ❑ Site Development Plan (3 copies) invoke one or more of the 11 criteria discussed within Section 18.120.070(B) of the Tigard Development Code. If the modification ❑ Site/Plot Plan (reduced 81/2"x 11") exceeds the maximum allowed under any one or more of the Applicant's Statement (3 copies) following criteria, a Major Modification review is required. Major El Modifications are processed in the same manner as a new Site (Addressing Criteria Under Section 18.360.050(B) Develnomen° Review. In a separate letter; please address the I criteria below contained in Section 18.360.050(B) including a detailed ' Filing Fee $435.00 II response to each criteria. I. An Increase in dwelling unit density or lot coverage for residential development. In addition, the Director must find that the 2. A change in the ratio or number of different types of dwelling units. proposed change complies with the underlying 3. A change that requires additional on-site parking in accordance with Chapter 18.165. standards of the applicable zoning district. To 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. complete this review, the Applicant's proposal 5. An increase in the height of the building(s) by more than 20%. must include a discussion indicating how the 6. A change in the type and location of accessways and parking areas where off-site traffic would be site expansion will continue to comply with the affected. minimum setback, building height, parking land 1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable vehides per day. requirements such as minimum Clear Vision 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding areas near driveways and street intersections expansions under 5.000 square feet. may also be applicable depending on where 9. A reduction in the area reserved for common open space and/or usable open space that reduces the the building expansion is proposed to be open space area below the minimum required by this code or reduces the open space area by more constructed on the site. than ten percent. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10% where specified in the site plan. II. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria I through 10 above. j APPLICANTS: 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 plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, 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. I ,, DATED this /r/ day of ` , 20 .4 .=t_ 1. I O •new'''.ignature Owner's Signature CALWEST INDSUTRIAL HOLDINGS,LLC a Delaware limited liability company By RREEF MANAGEMENT COMPANY a Delaware corporation,its Property Manager Owner's Signature By David Kotansky Title: District Manager A CITY OF TIGARD 2/27/2003 13125 SW Hall Blvd. 3:32:57PM g..,00 ,t t Tigard,Oregon 9 72 23 • . 4-' 11.1 (503) 63 9-4 17 1 Receipt #: 27200300000000000788 Date: 02/27/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2003-00003 [LANDUS] Minor Modification 100-0000-438000 435.00 Line Item Total: $435.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check RUSS CHEVROLET CAC 106304 In Person 435.00 Payment Total: $435.00 ` ws.hp, oo Cam,crayon 03/002002 11:04:00 AM 2002-025231 D•DSI Ciw+t New A DUYCK $1100 KW 811.10.TeIY.n,00 IIIIIILLJfIl I 1I: :1 Q -r,i • I11N�1� Return Address: ,N,,,,Ha„N„ i ,• And ue-0nitb County c'."K�•n.ne i 4 rwn134 a/WWytirtry Old tlwwfhlnhvIturn NI n!�� Orrick,Herrington&Sutcliffe LLP M resolved end roc Inn„ o�r.o..r,a 400 Sansome Street Arty wnoon olnoterll�„ t oT San Francisco,CA 94111 i.•onlclo County Girt xiflon ' Attn:Michael H.Liever,Esq. Transaction Type: Deed Document Title: STATUTORY BARGAIN AND SALE DEED Grantor/First Patty: CALWEST INDUSTRIAL PROPERTIES,LLC, a California limited liability company Grantee/Second Party: CALWEST INDUSTRIAL HOLDINGS,LLC, a Delaware limited liability company Legal Description: The legal description is on Exhibit A of the document Assessor's Property Tax Parcel Account Number(s): v w E•+ a tX)CSSF1:5884993 90 2-410 J\i 2082-25231 State of Oregon STATUTORY BARGAIN AND SALE County of Washington DEED I certify that the within instrument was received for record on Calwest Industrial Properties,LLC the day of 2002,at (First Party) o'clock_M.,and recorded in book/reel/volume No. Calwest Industrial Holdings,LLC Page or as instrument/fee No. (Second Party) ,Record of Deeds of said county. Witness my hand and seal of County affixed. After recording return to: Michael H.Liever,Esq. Name Orrick,Herrington&Sutcliffe LLP Title 400 Sansome Street By: San Francisco,CA 94111 Dep uty STATUTORY BARGAIN AND SALE DEED CALWEST INDUSTRIAL PROPERTIES, LLC, a California limited liability company, grantor("Grantor"),conveys to CALWEST INDUSTRIAL HOLDINGS,LLC, a Delaware limited liability company,grantee("Grantee"),the following-described real property: The real property described on the attached Exhibit A, subject to all matters affecting the title,whether of record or not of record. The true consideration for this conveyance is: no consideration. THIS INSTRUMENT WILL 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. Until a change is requested,all tax statements shall be sent to the following address: c/o Community Housing II, Inc., 1136 SE Maple St.,Hillsboro, OR 97123 DOCSSF'1:51%4993 9062-410 JVj . s. . iurniuiiinti -- 2082-25231 Dated this 2,Ii day of February,2002. CALWEST INDUSTRIAL PROPERTIES,LLC, a California limited liability company By: RREEF America a Delaware limited liability company Its: Manager By: _latftrigkAilat_______ Name: Warren H.Otto Its: Senior Vice President 2 DOCSSF1:5B8499.3 9062-410M VJ ALL-PURPOSE ACKNOWLEDGMENT fil 1 STATE OF CALIFORNIA 28112-2S231 - ) ss. COUNTY OF SAN FRANCISCO On February 21, 2002, before me, Mary K. Olson, Notary Public 0 . _ te. ..rd TM.or Oe c• -ions Doe.Nary Public') personally appeared Warren H. Otto • Nam*or mono.) ❑ personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within �,�, AMRT K. QISQN '!. Commission 1274767 instrument and acknowledged to me that he/she/they VII: Notary Public-Confornla executed the same in his/her/their authorized capacity(ies), • i ) MyCoTTrr,.tR son oncisco xpins ca,nty and that by his/her/their signature(s) on the instrument the �zi,ap+ L qn•.-v- ., person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C��r / Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Tltle(a) Tilts or Type of Document ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney-In-Fact Number of Pages ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other. Data of Document Signer is Representing: Name of Person(s)or Entlty(les) Signer(s)Other Than Named Above DOCSSF1:326544.3 1-3150 M02 • liii 111l11lllll1 2002-25231 Exhibit A Real Property Description for Assets No.63A,63B,63C,daZI,63E IJOCSSF1:588499.3 3 9062-41(1.1V.1 J . . _____,___ ,_, . . . 2.....,11111111111111111111 ._ _________ LEGAL DESCRIPTION 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. NOTE: Property address is identified as: 11950 SW Garden Place Tigard, Oregon (Lot 1) NOTE: Property address is identified as: 12000, 12050-12095, 12100-12145, 12150-12195 SW Garden Place , i Tigard, Oregon (Lot 2) NOTE: Property address is identified as: 12250 SW Garden Place Tigard, Oregon (Lot 3) PARCEL II (Lewis Building) : Beginning at the Southeast corner of Lot 4, of TIGARD ROAD GARDENS, a duly recorded subdivision of Washington County, Oregon, and running thence North 20 010' 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 S.W. Pacific Highway 99W conveyed by the State of Oregon, by deed recorded October 26, 1939, in Book 184, Page 539, Deed Records of Washington County; 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 by Deed recorded July 30, 1962, in Deed 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, Deed Records, Washington County, Oregon; 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; thence North 83°04'30" East 50.05 feet to a point; thence North 9°29'10" West to the true point of beginning. Asset No._41:-/j._ • • JIIIIIIll LEGAL DESCRIPTION ALSO EXCEPTING THEREFROM that tract conveyed to Knauss Chevrolet Company by deed recorded July 31, 1963, Book 492, Page 250, Washington County Deed Records, described as follows: Part of Lot 4, TIGARD ROAD GARDENS, a duly recorded subdivision in Washington County, 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, Oregon 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; thence North 83°04'30" East along 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 83 004'30" West a distance of 35 feet to the place of beginning. NOTE: Property address is identified as: 11852 SW Pacific Highway, Tigard, Oregon and 11959 SW Garden Place, Tigard, Oregon APO* 251166-or3oO 2311 86--019OU 2511 66-o✓Sou 2511 6t y-OI GOO Asset No. 4 3-i4, (ConEd) EXHIBIT A-1—SITE PLAN attached to and made a part of Lease bearing the Lease Reference Date of January 31,2003,between CALWEST INDUSTRIAL HOLDINGS,LLC,a Delaware limited liability company,as Landlord and RUSS CHEVROLET,INC.,an Oregon corporation, as Tenant 11852 SW Pacific Highway Tigard,OR 97223 ii ttJA41- orookihi Wijiirl4 %. ‘ • `Jg CHEVROLET bg 1 ik 1 - 4 ,. ,,, \o„,_oioo— .".,..; , ® JJ. \ t (�•� O. ei la 't,,, A %. ,p .':.: z'I'■ \\:I.:, ii\I, .,.0 '4"...' 140•■• aw.oer it I 1 �C[/�i., ..-'-art -,\ /-`;_,..,,,,,, • , . .„ r(iw� 1 �j1. j' gX/ 111111 10/31/01 CALWEST MTIN REVISED 3/10/02 Initials 589069.v1: 028481/048 wuss CH€VROLCT -RUSSAUTO.COM- Mr. Gary Lampella Building Official City of Tigard Mr. Brad Kiby Associate Planner City of Tigard Gentleman, Russ Chevrolet is in the process of leasing the top floor of the Louis Building, which is located at 11852 SW Pacific Hwy. Tigard, OR. This is adjacent to and to the east of our present location. We intend to use this space for the additional display of new and used vehicles along with storage of office records and parts storage and or parts and accessories sales. Our intent is to park cars along front of the building in the spaces provided and to use the 4,873 square feet of office space for storage. Please let me know if there are any concerns with this. Your immediate attention to this matter is greatly appreciated. ' cerely, eve oos General Manager Russ Chevrolet of Tigard =0= 11880 S.W.Pacific Hwy. • Tigard,OR 97223 Phone(503)639-1166 Page 1 of 1 City of Tigard Minor Modification Type 1 Application 1. There will be no increase in dwelling unit or lot coverage. 2. There is no change in the ratio or number of different types of dwelling unites. 3. There is no change that would require additional on site parking 4. There will be no change in the structures. 5. There will be no change in the height of the building. 6. There will be no change in the type and location of accessways and parking areas where off site traffic would be affected. 7. There will no increase in vehicular traffic to and from the site. 8. There will be no increase in the floor area. 9. There will be no reduction in the area reserved for common open space. 10.There will be no reduction project amenities. 11.1 know of no other modification to the condition imposed at the time of the Site Development Review approval. 2/17/03