MMD2001-00009 MMD2001 00009
FRATERNAL
ORDER OF EAGLES
April 5, 2001
William B Gosnell
Fraternal Aerie r#4 �'� Of TIGARD
Fraternal Order of Eagles
11960 SE Fairfield Street
Beaverton, OR 97005 OREGON
This is an amendment to the previous decision finalized on April 4, 2001
Dear Mr. Gosnell:
This letter is in response to your request for Minor Modification (MMD2001-00009) approval to change the
use of the subject property from a religious organization, to a fraternal organization. A search of City
records was performed to find an original land-use approval for the subject property (8845 SW Commercial
Street; 2S102AD, Tax Lot 01100), and no land-use records were found.
This property is designated CBD: Central Business District. The use of the site as a fraternal lodge, with
the accessory use of a family daycare/learning center, is listed as a Permitted Use for this zoning district.
The Tigard Community Development Code, 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 18.360.050.B. 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
parking lot on the premise is currently unlined. A conservative estimate, using the chapter
18.765: Off-Street parking and Loading Requirements, estimates the number of available parking
spaces to be 25 standard parking spots, two of which are handicapped parking spots. 27 parking
spots could be attained if compact parking allowances were used. The proposed uses require a
total of 27 parking spots; therefore the change requires no additional on-site parking. This
criterion has been met.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. Changing the use from a church to a lodge is not a change in the uniform
building code. Both require an assembly permit. A family daycare/learning center is permitted
under the uniform building code.
5. An increase in the height of the building(s) by more than 20 percent. No increase in the
height of the existing building is proposed. Therefore, this standard does not apply.
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.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 Page 1 of 2
•
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 generated by the new uses is not expected
to exceed 100 vehicles per day. Please see the attached table for confirmation. This criterion
has been met.
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. The proposed modification will not involve
any increase in floor area. Therefore, this standard does not apply.
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 decrease in common open space.
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 will be no reduction of project amenities, as the
proposal is a change of use, not a modification to the existing structure or site. This criterion
does not apply.
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. No original land-use
application could be found. However, the proposed modification will not be in violation of current
codes. Therefore, this standard does not apply.
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.
Therefore,this request for Minor Modification approval is hereby granted.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171 ext. 315.
Sincerely,
l/
Kevin Young
Associate Planner
City of Tigard
•
c: MMD2001-00009 Land Use File
c: Earle D. Wicklund
Wicklund and Associates
8720 SW Parkview Loop
Beaverton, OR 97008
Fraternal Order of Eagles Minor Modification/MMD2001-00009 Page 2 of 2
APPLICANT
MATERIALS
MINOR MODIFICATION
TYPE I APPLICATION
,it -W.' IMMISii
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
ails- sp.) Cemnrcrc;AL Sere vv
Property Address/Location(s):
T`9 P4rA.r oR. FOR STAFF USE ONLY
Tax Map &r Tax Lot#(s): 2 S 109 A D o t I 00 0
it Si �l>a 0 71 Case No.(s): d ' J o f iiii 1 Q
Site Size: 3 g 5.F. Other Case No.(s): I■
Applicant*:Fro. NDALOrD-R er rbS f ri/// a'��- a _
Receipt No.:
Address: // Cue ,$'6U .,Z�/14.tea-/>el� S
�
Application Accepted By: ' '
City/State: 9�' --Z.7-6N -4:"6 Zip: fro
Primary Contact: /' .G —..c• "LC U _ . r;.... .4,✓ Date: 4/aVP I
Phone: 6-023 (o 2,6 7714 Fax:
Property Own r/Deed Holder(s)*: (Attach list if more than one)
Date Determined Complete:
Grc! T T. 8tr Meter Ago S) piET D. atrkieter Rev.3/5/2001 i:\curpin\masters1revised1minormod.mst
-- creec 4, Aer `t-he Birk ME ter carniLit -Tru.,s T
Address: I Oc1-5 5 trs) t` \e-\it. tzfl Phone:c03-'b 3c(- [qG
City/State:T C. OAD\ Zip: °11 '-I"
* When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS
authorization from the owner or an agent of the owner. The owner(s) (Note: applications will not be accepted
must sign this application in the space provided on the back of this without the required submittal elements)
form or submit a written authorization with this application.
PROPOSAL SUMMARY f Application Form
The owners of record of the subject property request permission for a Owner's Si nature/Writt Authori .ti.Minor Modification. To review a modification as a Minor g
Modification, the Director must first find that the expansion does not Escvumen or Q iii-,� .ss
invoke one or more of the 11 criteria discussed within Section Title Transfer Instrumen or Dees
18.120.070(B) of the Tigard Development Code. If the modification LJ' Site Development Plan (3 copies)
exceeds the maximum allowed under any one or more of the
sc!!c..in.. criteria a Maier itfcdifirtatinn review is required. Maior I--/ Site/Plot Plan (reduced 8'/:"x 11")
Modifications are processed in the same manner as a new Site
Development Review. In a separate letter, please address the r[ ' Applicant's Statement (3 copies)
criteria below contained in Section 18.360.050(B) including a detailed / Criteria Under Section 18.360.050(B)
response to each criteria. ( Filing Fee (City) $100.00
I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter 18.765.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.
5. An increase in the height of the building(s) by more than 20%. In addition, the Director must find that the
6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying
affected. standards of the applicable zoning district. To
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal
vehicles per day. must include a discussion indicating how the
8. An increase in the floor area proposed for a non-residential use by more than 10% excluding site expansion will continue to comply with the
expansions under 5,000 square feet. minimum setback, building height, parking land
9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other applicable
open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision
than ten percent. areas near driveways and street intersections
10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) may also be applicable depending on where
below the minimum established by this code or by more than 104/0 where specified in the site plan. the building expansion is proposed to be
II. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site.
the subject of Criteria I through 10 above.
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.)
e!g1 •( .;iit'.•1%"4•116
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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.
3 t� �c 11A r,'`r,w
• If the app!!:atIon is granted, the applicant will exercise the rights granted In ac..cordanne wirel thErfPrn3 ? d suhiect 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 tb@ policies'8r1d critera,CaliCi untlertstands•the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this lb day of v� ,20_0 I
•
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WICKLUND & ASSOCIATES
COMMERCIAL BROKERAGE
March 27, 2001
Director of Planning
CITY OF TIGARD
13125 SW Hall Blvd
Tigard, OR 97223
Re: 8845 SW Commercial Street, Tigard, OR 97223
Assessor's Account No. R462047 / Map/TL No. 2S1 2AD-01100
Mr. Director:
On behalf of the Applicant, Portland Aerie #4, Fraternal Order of Eagles (a.k.a., Buyer)
and the Owner, Brent T Birkmeire and Janet D. Birkmeire, Trustees under the Birkmeire
family Trust (a.k.a., Seller), please find attached a"MINOR MODIFICATION TYPE I
APPLICATION". The Application is submitted as a condition of sale between
Applicant/Buyer and Owner/Seller for the purpose of determining from the City of
Tigard that the Applicant's intended "USE" of the Property is acceptable and in
compliance with the City of Tigard and that the City of Tigard approves same. A copy of
the Addendum to Earnest Money Agreement by and between Buyer and Seller is
attached, please refer to 113 "Conditions to Purchase", subparagraph"a".
USE:
The intended use for the Property is Social/Fraternal Clubs/Lodges. It is a "Permitted"
use under the CBD Commercial Zone classification. The Buyer will use the Property in
an "AS IS" condition. The Buyer's assembly area will be that area now used as
Sanctuary by the existing occupant ("Calvary Chapel). The square footage of the
assembly/sanctuary area is approximately 2000 square feet (see attached floor/site plan).
RENTAL SPACE:
The Buyer will probably not use the entire Building for its exclusive use and would
appreciate the City approving not only the Applicant's intended Use for the Property, but
approve usage of the Building for Tenants such as Office Users and General Retail
(Sales-Oriented, Personal Services) Users, all of which are"Permitted Uses" under the
CBD. The attached Floor/Site Plan depicts those areas considered rentable.
PARKING:
Applicant will have at any time approximately 15-25 cars in their off street parking lot.
Currently it would appear that approximately 35 to 40 parking stalls are available. The
Applicant's highest parking density is predominantly in the evenings and weekends.
8720 S.W.PARKVIEW LP. BEAVERTON,OR.U.S.A.97008 (503)641-3062 FAX(503)641-0980 WICKLUND OARACNET.COM
CAtA .s 0. X71, Cn1411 ,.
Sk'LMA Ct (1 � \('t 61Ck 17{-j °'1
APPLICANT'S STATEMENT:
The Minor Modification Type I Application is in compliance with Section 18.360.050(B)
of the Tigard Development Code and Applicant provides for your benefit responses to
each of the 11 criteria discussed therein.
Applicant hereby makes the following statement/s as they might pertain to Section
18.360.050(B)CRITERIA:
1. AN INCREASE IN DWELLING UNIT DENSITY OR LOT COVERAGE FOR
RESIDENTIAL DEVELOPMENT: Not applicable as applicant will not increase
building size or lot coverage for residential development.
2. A CHANGE IN THE RATIO OR NUMBER OF DIFFERENT TYPES OF DWELLING
UNITS: Not Applicable as Applicant will not increase the ratio or number
of derent types of dwelling units.
3. A CHANGE THAT REQUIRES ADDITIONAL ON-SITE PARKING IN ACCORDANCE
WITH CHAPTER 18.765. Not applicable as Applicant will not require
additional on-site parking.
4. A CHANGE IN THE TYPE OF COMMERCIAL OR INDUSTRIAL STRUCTURES AS
DEFINED BY THE UNIFORM BUILDING CODE. Not applicable as Applicant
does not require a change in the type of commercial structure as defined
by the UBC for its intended use.
S. AN INCREASE IN THE HEIGHT OF THE BUILDING(S)BY MORE THAN 20%. Not
applicable as Applicant does require additional height to the Building.
6. A CHANGE IN THE TYPE AND LOCATION OF ACCESSWAYS AND PARKING
AREAS WHERE OFF-SITE TRAFFIC WOULD BE AFFECTED. Not applicable as
Applicant does not require a change in the type and location of
accessways and parking areas.
7. AN INCREASE IN VEHICULAR TRAFFIC TO AND FROM THE SITE AND INCREASE
CAN BE EXPECTED TO EXCEED 100 VEHICLES PER DAY. Not applicable as
Applicant does not expect traffic to Building to exceed 100 cars per day
and does not expect vehicular traffic to increase above and beyond that
which is already being experienced by current occupant(Calvary Chapel).
8. AN INCREASE IN THE FLOOR AREA PROPOSED FOR A NON-RESIDENTIAL USE
BY MORE THAN 10%EXCLUDING EXPANSIONS UNDER 5,000 SQUARE FEET.
Not applicable as Applicant will not increase the Building's floor area.
WICKLUND&ASSOCIATES PHONE: 503-641-3062
8720 SW PARK VIEW LOOP FACSIMILE: 503-641-0980
BEAVERTON,OR 97008 EMAIL: wicklund@aracnet.com
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 REQURIED BY THIS CODE OR REDUCES THE OPEN SPACE AREA BY
MORE THAN TEN PERCENT. Not applicable as Applicant anticipates no
structural changes to be made to the Building's Open Areas or floor plan
at this time or in the foreseeable future. See Building Floor Plan
attached
10. A REDUCTION OF PROJECT AMENTIES(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. Not applicable as Applicant is purchasing property in an
"AS IS"condition and intends on no major modifications to the Building
or Parking and/or landscaping areas being made.
11. A MODIFICATION TO THE CONDITIONS IMPOSED AT THE TIME OF SITE
DEVELOPMENT REVIEW APPROVAL THAT IS NOT THE SUBJECT OF CRITERIA 1
THROUGH 10 ABOVE. Not applicable as Applicant does not intend to
modify 1 through 10 above or introduce any new changes requiring
Development Review approval.
As Selling Agent of the above referenced property and real estate agent representing the
Buyer/Applicant, should you have any questions or comments please do not hesitate to
contact me. Enclosed please find Applicant's Filing Fee in the amount of ONE HUNDRED
AND NO/100 DOLLARS($100.00) represented by check#18874 drawn on KeyBank.
In addition to the attached Minor Modification Application Form which includes
Owner's Signature/Written Authorization, you will also find attached the"Addendum to
Earnest Money Agreement" representing the Title Transfer Instrument or Deed, the Site
Development Plan(3 copies), Site/Plot Plan, and herein Applicant's Statement (3 copies).
Sincerely,
Earle D. Wicklund
Designated Broker
Wicklund & Associates
EDW/j do
A178201
WICKLUND&ASSOCIATES PHONE: 503-641-3062
8720 SW PARKVIEW LOOP FACSIMILE: 503-641-0980
BEAVERTON,OR 97008 EMAIL: wicklund@aracnet.com
'MINOR MODIFICMTION
"�
Nf,,, ' TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): $bYS SLR CmMercrAL 5414eEt'
T`9 A-rok`' FOR`STAFF USE ONLY
Tax Map & Tax Lot#(s): la 25 (O� AD eL( 00
R 0 46). 2.,0L1-1
Site Size: �
3 t 7 5 e 5,F
Case No.(s):
p� Other Case No.(s):
Applicant*:j e uAL- OrD�R cP�1�'S "r
///.?%n 15f ���--L
Receipt No.
Address: /i q Et.,..! ,5' . f944C?-/r 1 r.D 5-7`
City/State: L,,9L'L/L"C/: - -- , Zip: y Application Accepted By:
ty P: �'7�?C'`j—
Primary Contact: i///,�s 10 67--6,17Z----1.1.., i�,/e .74 "` `rie Date:
Phone: C..:3 z' 775 5 Fax: •
Property" Owner/Deed Holder(s)*: (Attach list if more than one)
Date DeterminedComplete:
Grer T. 13ir Iet¢r ARO Xistie ' D. ate-kgeler Rev.3/5/2001 i:\curpin\masterslreviset$ninorrnod:mst
-rrt.4-STeeS t,e.,►der `Fk►g g ri<rn0ter -cart."'let -TrLu s i c)
Address: 1 051-; 5 A Q,RI\Q-� . t1Tg• Phone:�i0�7-'N 3C( p 1l
City/State:nC`GVtY)\ Oa\ Zip: °l1 '24-4-
When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS
authorization from the owner or an agent of the owner. The owner(s) (Note: applications will n t be accepted
must sign this application in the space provided on the back of this without the required submittal elements)
form or submit a written authorization with this application.
PROPOSAL SUMMARY P/ Application Form
The owners of record of the subject property request permission for a /
Minor Modification. To review a modification as a Minor Lam" Owner's Signature/Written Authorization
Modification, the Director must first find that the expansion does not /Title Transfer Instrument or Deed
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification EKSite Development Plan (3 copies)
exceeds the maximum allowed under any one or more of the
foll:;..ing criteria a Maier Modification review is required. Major Imo' Site/Plot Plan (reduced 8'/z"x 11")
Modifications are processed in the same manner as a new Site
Development Review. In a separate letter, please address the Applicant's Statement(3 copies)
criteria below contained in Section 18.360.050(B) including a detailed ( ddressing Criteria Under Section 18.360.050(B)
response to each criteria. Filing Fee (City) $100.00
I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter 18.165.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.
5. An increase in the height of the building(s)by more than 20%. In addition, the Director must find that the
6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying
affected. standards of the applicable zoning district. To
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal
vehicles per day. must include a discussion indicating how the
8. An increase in the floor area proposed for a non-residential use by more than 10% exduding site expansion will continue to comply with the
expansions under 5,000 square feet. minimum setback, building height, parking land
9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other applicable
open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision
than ten percent. areas near driveways and street intersections
10. A reduction of project amenities (recreational (acilities, screening, and/or, landscaping provisions) may also be applicable depending on where
below the minimum established by this code or by more than 10%where specified in the site plan. the building expansion is proposed to be
II. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site.
the subject of Criteria I through 10 above.
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 ecIplicant will exercise the rights granted in'accdrdance witF'�i the firms drd 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; acid undersfanas-the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this lb day of ,20 Q 1
•
•
r's Signature Ver's Signatura
Owner's Signature Owner's Signature
• ADDENDUM
To
PURCHASE AND SALE AGREEMENT
By and between
Brent T.Birkmeire and Janet D.Birkmeire,Trustees under the Birkmeire family trust("Seller")
And
Portland Aerie#4,Fraternal Order of Eagles("Buyer")
3. "CONDITIONS TO PURCHASE": In reference to paragraph 3 of this Agreement, Buyer
hereby makes the following conditions to purchase the property:
a. This offer is contingent on Buyer obtaining City of Tigard, OR approval of
the Property's intended "USE" by Buyer, a non-profit Fraternal
Organization.
b. This offer is contingent on Buyer obtaining local Membership and National Order of Eagles
approval to purchase of Property.
c. This offer is contingent on Seller performing deferred maintenance to property to include:
resurfacing and striping parking lot,replacing roof's exterior membrane and replacing, roof
top heating ventilation and air conditioning systems if any.
d. This offer is contingent on Seller delivering property to Buyer with All doors and windows,
interior and exterior lights,heating,electrical,and ventilation in good and operational
condition.
e. This offer is contingent on Seller, Within ten(10)days of the Effective Date delivering to
Buyer all of the following items relating to the Property which are in Seller's possession or
control: (i)topographical,boundary,and all other surveys or maps of the Property;and(ii)all
environmental,soils(including foundations),wetlands,and seismic reviews,reports,
assessments,inspections,studies,and certificates.
23. SELLER REPRESENTATIONS&WARRANTIES:
• a Seller is the legal and beneficial fee simple title holder of the Property and has good, marketable, and
insurable title to the Property that,to Seller's knowledge, is free and clear of all liens, encumbrances,
claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, possessory
interests,or other matters,except for the Permitted Exceptions or as disclosed by the Closing Certificate
(as hereinafter defined). There shall be no change in the ownership,operation,and control of Seller from
the Effective Date until the Closing date.
b. Seller has the legal power, right, and authority to enter into this Agreement and to consummate the
transactions contemplated herein. The individual(s) executing this instrument on behalf of Seller has
(have) the legal power, right, and actual authority to bind Seller to the terms and conditions of this
Agreement
c. Seller has received no written notice of any default or breach by Seller under any covenants,conditions,
restrictions,rights-of-way,or easements which may affect the Property or any portion thereof,nor of any
condition that would result in the termination or impairment of access to the Property or discontinuation
of necessary sewer,water,electric,gas,telephone,or other utilities.
d. Seller has received no written notice of any pending or threatened action, suit, proceeding, or
investigation before any agency,court,or other governmental authority which relates to the Property or
the use thereof.
e. Seller has received no written notice of any pending or threatened condemnation proceeding affecting
the Property or any portion thereof
f. Seller has not started any work,nor performed or is in progress of performing any work to the property,
and no materials have been furnished to,the Property which have not been paid for or will not be paid
for in full by Seller prior to the Closing date.
Page 6 of 7
PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY
A17801
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C. 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 conditionally.
D. C-P: Professional/Administrative Commercial District. The C-P zoning district is designed to
accommodate civic and business/professional services and compatible support services, e.g.,
convenience retail and personal services, restaurants, in close proximity to residential areas and major
transportation facilities. Within the Tigard Triangle and Bull Mountain Road District, residential uses
at a minimum density of 32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in
conjunction with a commercial development. Heliports, medical centers, religious institutions and
utilities are permitted conditionally. Developments in the C-P zoning district are intended to serve as
a buffer between residential areas and more-intensive commercial and industrial areas.
ECBD: Central Business District. The CBD zoning district is designed to provide a concentrated
�- central business district, centered on the City's historic downtown, including a mix of civic, retail and
office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent of
the R-12 zoning district, and multi-family housing.at a minimum density of 32 units/acre, equivalent
to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to
adult entertainment, utilities, facilities with drive-up windows, medical centers, major event
entertainment and gasoline stations, are permitted conditionally.
F. MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the
land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific
Highway (Hwy. 99), Highway 217 and I-5. This zoning district permits a wide range of uses
including major retail goods and services, business/professional offices, civic uses and housing; the
latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25
zoning district. A wide range of uses, including but not limited to community recreation facilities,
religious institutions, medical centers, schools, utilities and transit-related park-and-ride lots, are
permitted conditionally. Although it is recognized that the automobile will accommodate the vast
majority of trips to and within the Triangle, it is still important to 1) support alternative modes of
transportation to the greatest extent possible; and 2) encourage a mix of uses to facilitate infra-district
pedestrian and transit trips even for those who drive. The zone may be applied elsewhere in the City
through the legislative process.
18330.030 Uses
A. Types of uses. For the purposes of this chapter,there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable
provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar
. unlisted use under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer.
The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not
Commercial Zoning Districts 18.520-2 SE Update OL00
•
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N' C-05 C-G C-P CCBD MUE2°
RESIDENTIAL
Household Living N R6 R" R13 R" R2'
Group Living N N C N P N
Transitional Housing N N C N C N
Home Occupation R2 R2 R2 R2 R2 R2
CIVIC(INSTITUTIONAL)
Basic Utilities C N N C C C
Colleges N N N N N C
Community Recreation NP N N P C
Cultural Institutions P P P P P P
Day Care P P P P P P
Emergency Services P P P P P P
Medical Centers C N C C C C
Postal Service P P P P P p
Public Support Facilities P P P P P p
Religious Institutions C C P C P P
Schools N N N N N C
Social/Fraternal Clubs/Lodges C C P P P P
COMMERCIAL
Commercial Lodging N N P R14 P P
Eating and Drinking Establishments C P P R15 P P
Entertainment-Oriented
- Major Event Entertainment N N C N C N
- Outdoor Entertainment N N P R15 P N
- Indoor Entertainment P P P P P P
- Adult Entertainment N N C N C N
General Retail
- Sales-Oriented P P7 p R16 P R22
- Personal Services p PP P P R22
- Repair-Oriented P PP NP R22
- Bulk Sales N N P NN R22
- Outdoor Sales N N P N N N
- Animal-Related N N N N N P
Motor Vehicle Related
- Motor Vehicle Sales/Rental N N P/C12 N C N
- Motor Vehicle Servicing/Repair N C8 P/C12 N R18 R22
- Vehicle Fuel Sales C C C N C N
Office P R9 P P P P
Self-Service Storage N N C N N N
Non-Accessory Parking C C P P P P
Commercial Zoning Districts 18.520-4 SE Update: 01/00
/---._______
OFFICE P LOT P LA N. OPEN ROOM storage Area 8845 SW COMMERCIAL
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OFFICE PROPOSED RETAIL AREA
Study Area OFFICE
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COMMERCIAL STREET
PORTLAND AERIE #4
Fraternal Order of Eagles
RECEIVED
Tuesday,May 10,2005
Director of Planning MAY 1 0 2005
CITY OF TIGARD � O T
13125 SW Hall Blvd ioiroteatermilwive
Tigard,OR 97223
Mr.Director:
Please find attached a copy of our March 27,2001 letter wherein the applicant submitted a Minor Modification Type
I Application. At that time the applicant sought permission to use the Property as a Social/Fratemal Club/Lodge and
also as rental space use under general office use[see paragraph; "Rental Space"in 3/27/20011 both of which are
"Permitted Uses"under the CBD.
For your information the space we want to rent was previously occupied by the Tigard Water District and is space
pretty much situated outside the normal flow of our primary activities and is perfect for renting to someone we feel
will give back to the community. We knew this was the case back when we submitted our March 27,2001 letter and
Minor Modification and that is why we informed the City of Tigard of our intent at that time.
In recent conversation with the City of Tigard Planning's front desk,we were informed a new Minor Modification
Application with a corresponding fee of$529 is now necessary for the same use we identified back in 3/27/2001 and
for which we were under the understanding was approved. The Eagles by this writing want to appeal the current
$529 fee to$0,as well as get your blessing to rent it to a member of our chapter in accordance with our 3/27/01
request. The only reason we approached the front desk in the first place was to determine for our member whether
any zone changes had occurred since 2001. Needless to say we were shocked to hear a new application was required
and the filing fee had increased 429%during the past four years.
Would you please respond to this letter with regard to our renting the office area intended to be used as a small
insurance agency. Parking is not an issue for us as we have 32 spaces of which we use approximately 6 during
normal business hours. As you may or may not be aware,our primary club activities are evenings and weekends,
usually after 6:00pm and that has not changed significantly since our founding in December 1898. We are very
active with the Tigard Chamber of Commerce; in fact give food every week to that organization and gift monies,
time and services to charitable causes throughout the surrounding neighborhood.
Your reply is appreciated.
Sincerely,
Dean Johnston
Secretary
Portland Aerie#4 Fraternal Order of Eagles
DJ/jdc
•
C27605
8845 SW Commercial Street Tigard,OR USA 97008 Phone:503-639-4480 Email: foe4 @juno.com
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aRCIAL BRO ERAGE' TFS
March 27, 2001
Director
o f P lanni�CIT sTjG
RD 13125 w 981vd Tigard, OR 72
Re:
8845
Assessor's Account
Air. Director:
t No.R462a4�Str Street, Tigard,
On behalf No. 2 AODR.p197223
and the the A o0
�p ly �wner, Br�plic8�, P°r�1 �
rzrst 1 crud
Applicant/Buyer n be 0% ) the
Seiler), eire d erne#4 Frcrte
Tigard The r), p1 'Iaret,� it pr
Tigard and Application ti ease find attached a r der of
ewes that the Owner/Seller Pl °n is submitted a �.e' 7 stee files(a k.a
the
compliance with Applicant, Seller far 'n'tted 11.�NO '"'der ' Bu.Yer
e Ad h the s intended the as R 11.T the 8
atT igar d plaufi t° Earnest°f Ti a "USE,Urp°se o f determining condition cc acceptable I eire of
U`„ please refer to G�°ney C that the City of Tigard Property i froms he between
The intended "Conditions 'rent b Tigard a s acre city on
use under use for the tO Purchase",Y �pabetween rBu s Sameabl,�e copy d in
an "AS IS e CE e Property is subparagraph a„Yer and Seller of
„ condition.Commercial is
assembly/sanctuary he existing The Buyer's classification. Club
area is approximately occupant assembl The Buyer It is «
The
___________RENTAL SPACE: aPPrOxi'rate("Calvary assembly a will be t►�''ll use the Permitted„
appreciatYeer Fill p 6a Y 2000 square feet The square novrotrPert Y in the
(Sales-Oriented,ve usage of approving°t use the entire (see cached floor/site fie of the
CEO B oy the lii for it plan)
: e1.sonai ched Floor/Site Services) UTenants such Applicant's tended Use f ive use and
Applicant an depicts thus of which Office Users and the Property,
Currently it will have at ally areas "Permitted Gene P y, but
e
Applicant's highest: me aPProxi c°nidered rentabises" and rthel
ark ng density is predominantly 351 t'2s cars i their
n
0
8720 edom'nantly n�the evenings and off parking available. The
1Ory OR V S A 8�pp8 S.
(503)841.3082 FAX(503)64i-008o
WICKLUNO OARACNEZCOM
APPLICANT'S STATEMENT:
The Minor Modification Type I Application is in compliance with Section 18.360.050(B)
of the Tigard Development Code and Applicant provides for your benefit responses to
each of the 11 criteria discussed therein.
Applicant hereby makes the following statement/s as they might pertain to Section
18.360.050(B) CRITERIA:
1. AN INCREASE IN DWELLING UNIT DENSITY OR LOT COVERAGE FOR
RESIDENTIAL DEVELOPMENT: Not applicable as applicant will not increase
building size or lot coverage for residential development.
2. A CHANGE IN THE RATIO OR NUMBER OF DIFFERENT TYPES OF DWELLING
UNITS: Not Applicable as Applicant will not increase the ratio or number
of different types of dwelling units.
3. A CHANGE THAT REQUIRES ADDITIONAL ON-SITE PARKING IN ACCORDANCE
WITH CHAPTER 18.765. Not applicable as Applicant will not require
additional on-site parking.
4. A CHANGE IN THE TYPE OF COMMERCIAL OR INDUSTRIAL STRUCTURES AS
DEFINED BY THE UNIFORM BUILDING CODE. Not applicable as Applicant
does not require a change in the type of commercial structure as defined
by the UBC for its intended use.
5. AN INCREASE IN THE HEIGHT OF THE BUILDING(S) BY MORE THAN 20%. Not
applicable as Applicant does require additional height to the Building.
6. A CHANGE IN THE TYPE AND LOCATION OF ACCESSWAYS AND PARKING
AREAS WHERE OFF-SITE TRAFFIC WOULD BE AFFECTED. Not applicable as
Applicant does not require a change in the type and location of
access-ways and parking areas.
7. AN INCREASE IN VEHICULAR TRAFFIC TO AND FROM THE SITE AND INCREASE
CAN BE EXPECTED TO EXCEED 100 VEHICLES PER DAY. Not applicable as
Applicant does not expect traffic to Building to exceed 100 cars per day
and does not expect vehicular traffic to increase above and beyond that
which is already being experienced by current occupant(Calvary Chapel).
8. AN INCREASE IN THE FLOOR AREA PROPOSED FOR A NON-RESIDENTIAL USE
BY MORE THAN 10% EXCLUDING EXPANSIONS UNDER 5,000 SQUARE FEET.
Not applicable as Applicant will not increase the Building's floor area.
WICKLUND&ASSOCIATES PHONE: 503-641-3062
8720 SW PARK VIEW LOOP FACSIMILE: 503-641-0980
BEAVERTON.OR 97008 EMAIL: wicklund @aracnet.com
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 REQURIED BY THIS CODE OR REDUCES THE OPEN SPACE AREA BY
MORE THAN TEN PERCENT. Not applicable as Applicant anticipates no
structural changes to be made to the Building's Open Areas or floor plan
at this time or in the foreseeable future. See Building Floor Plan
attached
10. A REDUCTION OF PROJECT AMENTIES (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. Not applicable as Applicant is purchasing property in an
"AS IS" condition and intends on no major modifications to the Building
or Parking and/or landscaping areas being made.
11. A MODIFICATION TO THE CONDITIONS IMPOSED AT THE TIME OF SITE
DEVELOPMENT REVIEW APPROVAL THAT IS NOT THE SUBJECT OF CRITERIA 1
THROUGH 10 ABOVE. Not applicable as Applicant does not intend to
modify 1 through 10 above or introduce any new changes requiring
Development Review approval.
As Selling Agent of the above referenced property and real estate agent representing the
Buyer/Applicant, should you have any questions or comments please do not hesitate to
contact me. Enclosed please find Applicant's Filing Fee in the amount of ONE HUNDRED
AND NO/100 DOLLARS($100.00) represented by check#18874 drawn on KeyBank.
In addition to the attached Minor Modification Application Form which includes
Owner's Signature/Written Authorization, you will also find attached the "Addendum to
Earnest Money Agreement" representing the Title Transfer Instrument or Deed, the Site
Development Plan (3 copies), Site/Plot Plan, and herein Applicant's Statement (3 copies).
Sincerely,
Earle D. Wicklund
Designated Broker
Wicklund & Associates
EDW/jdc
A178201
WICKLUND&ASSOCIATES PHONE: 503-641-3062
8720 SW PARKVIEW LOOP FACSIMILE: 503-641-0980
BEAVERTON,OR 97008 EMAIL: wicklund@aracneccom
r/1adii44A April 5, 2001
William B Gosnell
Portland Aerie #4
Fraternal Order of Eagles CITY OF TIGARD
11960 SE Fairfield Street
Beaverton, OR 97005 OREGON
This is an amendment to the previous decision finalized on April 4, 2001
Dear Mr. Gosnell:
This letter is in response to your request for Minor Modification (MMD2001-00009) approval to change the
use of the subject property from a religious organization, to a fraternal organization. A search of City
records was performed to find an original land-use approval for the subject property (8845 SW Commercial
Street; 2S102AD, Tax Lot 01100), and no land-use records were found.
This property is designated CBD: Central Business District. The use of the site as a fraternal lodge, with
the accessory use of a family daycare/learning center, is listed as a Permitted Use for this zoning district.
The Tigard Community Development Code, 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 18.360.050.B. 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
parking lot on the premise is currently unlined. A conservative estimate, using the chapter
18.765: Off-Street parking and Loading Requirements, estimates the number of available parking
spaces to be 25 standard parking spots, two of which are handicapped parking spots. 27 parking
spots could be attained if compact parking allowances were used. The proposed uses require a
total of 27 parking spots; therefore the change requires no additional on-site parking. This
criterion has been met.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. Changing the use from a church to a lodge is not a change in the uniform
building code. Both require an assembly permit. A family daycare/learning center is permitted
under the uniform building code.
5. An increase in the height of the building(s) by more than 20 percent. No increase in the
height of the existing building is proposed. Therefore, this standard does not apply.
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.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 Page 1 of 2
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 generated by the new uses is not expected
to exceed 100 vehicles per day. Please see the attached table for confirmation. This criterion
has been met.
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. The proposed modification will not involve
any increase in floor area. Therefore, this standard does not apply.
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 decrease in common open space.
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 will be no reduction of project amenities, as the
proposal is a change of use, not a modification to the existing structure or site. This criterion
does not apply.
•
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. No original land-use
application could be found. However, the proposed modification will not be in violation of current
codes. Therefore, this standard does not apply.
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.
Therefore,this request for Minor Modification approval is hereby granted.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171 ext. 315.
Sincerely,
Kevin Young
Associate Planner
City of Tigard
c: MMD2001-00009 Land Use File
c: Earle D. Wicklund
Wicklund and Associates
8720 SW Parkview Loop
Beaverton, OR 97008
Fraternal Order of Eagles Minor Modification/MMD2001-00009 Page 2 of 2
...,
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•
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2 -.24 201/1230
W NOT VALID AFTER 60 DAYS 41:' 18874
Nrairrnal (irbrr of Ettgirs
PORTLAND AERIE NO 4, PORTLAND, OREGON
)- DATEaffilVf"-t
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PAY TO THE ORDER OF
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GENERAL FUND I 0 0 D10
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KEYBANK NATIONAL ASSOCIATION . .,.
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