Loading...
MMD1996-00003 MMD96 - 00003 PARKING LOT 3 Lip June 11, 1996 a CITY OF TIGARD OREGON Kelly Koch JKN Enterprises 13710 SW Marcia Drive Tigard, OR 97223 Dear Mr. Koch: This letter is in response to your request for a proposed 10 space parking lot addition at 13555 SW Pacific Highway. This property is zoned C-G (General Commercial). The previous user of the site was the Bonita Glass company. The proposed use of the site is an antique mall. This use is classified as General Retail sales and is listed as a permitted use in the C-G zone. The subject request is to construct a new parking area behind the existing structure. The Tigard Community Development Code, Site Development Review Section, states; "if the requested modification meets any of the major modification criteria, that this request shall be reviewed as a new Site Development Review application." Section 18.120.070(B) states that the Director shall determine that a major modification(s) 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. This criteria is not applicable as this request involves commercial uses. 2. A change in the ratio or number of different types of dwelling units. This criteria is not applicable as this request involves commercial uses. 3. A change that requires additional on-site parking in accordance with Chapter 18.106. The applicant proposes to occupy approximately 1,700 square feet of the existing structure for the antique mall. The required number of parking spaces to serve this square footage is four spaces The site currenty provides six parking spaces. The proposed modification is not required to accommodate the proposed 1,700 square feet of retail space proposed at this time. The applicant does plan to expand the business in the future to occupy the entire 4,100 square feet of the building. The parking required at that time will be ten spaces. The new parking area will be adequate to serve the entire building as an antique mall. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Page 1 of 3 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The change in use requires no change to the B-2 occupancy classification and the type of building construction. 5. An increase in the height of the building(s) by more than 20 percent. The height of the building will not be affected as the modification is for a parking lot. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request does not require a change in accessways or parking areas where off-site traffic would be effected. 7. An increase in vehicular traffic to and from the site, and the increase can be expected to exceed 20 vehicles per day. The modification is to construct a parking area to serve an existing building. Parking areas do not generate parking, therefore, the modification is not expected to increase vehicular traffic by more than 20 vehicle trips per day. 8. An increase in the floor area proposed for a non-residential use by more than ten percent, excluding expansions under 5,000 square feet. The proposal will not be increasing floor area of a non-residential structure. 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 this code, or reduces the open space area by more than ten percent. Open space is not required as part of a commercial development. 10. A reduction of project amenities (Recreational facilities, Screening; and/or, Landscaping provisions) below the minimum established by this code, or by more than ten percent where specified in the site plan. Recreational facilities are not required as part of a commercial development. The CG zone requires the provision of a minimum of 15% of the site for landscaping. Landscaping/imperious surface calculations have not been provided. A revised plan shall be submitted that indicates the proposal will still provide a minimum 15% landscaping. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of B.1 through 10 above of this subsection. The proposed expansion would not require a modification to the conditions imposed with the original Site Development Review application. Page 2 of 3 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 promote the general welfare of the City and will not be significantly detrimental, nor injurious, to surrounding properties provided that development that occurs after this decision complies with applicable local, state and federal laws. This request has been approved subject to the following conditions: 1.) Landscaping/imperious surface calculations. The C-G zone requires the provision of a minimum of 15% of the site for landscaping. 2.) A street opening permit shall be obtained from the Engineering Department. 3.) A building permit shall be obtained from the Building Department. If you need additional information or have any questions, please feel free to call me at (503) 639-4171. Sincerely, William D'Andrea Assistant Planner is\curpin\will\jknentr.mmd c: Correspondence file Page 3 of 3 6%31 7b R/0///)/ T 4,2/99 W A) EJJ"r -i All s Er s % i,,t,i ILi A- ( 3 J71 O s.. r72, 12 -',g zyz., ----F74g2D) ©c `7 z�-3 -- • ifrI F,,JCc-r PizoTa "Pr4-ize-lrJ4 C-c r 13SSS :W PflG/f=/ 6 //w ' -Mt* / 20/:20-567 i- izKiaN/4: 207— i S 2 4 J,/21/2)4/zZ__ Z./Ye-eq.-770e -- Alia- i3& 1V G%4i1/46- /N r7 o o, 1✓Uo?l3= aklir-s As /s A ki2m, r-i.e- G//Z,0/1V: _ 1/1/ 4D7Ioii" gc Av ac/rC ,qQ.eigi/T4' ,74/-49 gC 44Z,c-cs/V)-‘-J( / ''4' ,a-Tu ,430 701V4 -- ar4/4_, sp c / f- Sg kliil-� a= /7oD _SQ L o"" ,r '-rev'iL, Ge it- / s- -- "T'mc Pi>IJ- ,4a7, %OAl D- %1T4 (. SQ FT AN/ >^14' „ --- -Tre6" G1//eL 4 Ao //i/ n //V i-i- .7 41/7- 7"7i-=. ,n1((L.D/Af;., -77e-Ez /;(44z- Si -,- A6 Ak-pf} &= -s ¢ "QI/i,460 . 7J- ,4A/9-/Q S o/ ' Grp /4/a-v e2a/A /14ve-5-6 Zoe izz,ne s7-. ./;l - Xos-e• -r-/-k-wiNze 1,/f2 Po. Air _ccati-r /1 44e7,ee. //veZ6 e /A/ -7R* r c 14)41/7) --- %z /4/4 1 /Al nce w 6e:- 4/V sdao J9, F 6 WiUc- ige "i✓ � C>P , ,t', z v L iilace, "1/4 ' --file. emir,- �A/ry � . RA- /v‘---Yet3y /4'wes-r foRao .4-c__ 42i,J /22/.)�iFi T/U p,41-0/ve y I J fit, V(3 - 9 i/- C Ar (,1 1 u�°' FROM : R. I. LUTYCPA/FOCALPOINTS JARE PHONE NO. : 2859101 Apr. 16 1996 03:54PM P02 1 y After recording, pleedo re' .ra to: Stab ti. Rotenberg • . Greeley, Rotonbarg, et el 1'211 SW Fifth Avenue, 30th foot Portland, OR 97204 MOMENT a `.�� into and effective ": is entered ,. , This r Eaaiman 1994 , by and between Ted end Helen E. Gan° .44,4: ,::, r vrantor and o aul ine E . Luty ("Grantee") . ci ,i:. E C I T A ; i„Wit:h s r.12:0 property described on • t,-- , A. Grantor, is the owner of pxap Y � 'Y ' attached Exhibit "A" and hereinafter referred to as Parcel "I • " �4 ,. attaG�h A.A ro arty d®e�<�r9.bad in the .I.:,,.. scent to B. Grantee is the owner of p attached Exhibit "B, " which after described immediately, Para j, tz 'ad} parcel "I" and is herein C. Grantor is also the owner of property deudribed in the attached Exhibit "c, " which isafter adjacent x�fe�rzd to as immediately P 1 del west .,F ' and is herein • Parcels I and II, U. Grantee and Grantor desire to obtain an and from p rce�lu Grantor for the purposes of ingress and egress to "II" and "III , " respectively, by means of travel over and across • Parcel "I" for the benefit of Parcels "II" and "III" owners, their tenants and guests. ii in consideration of the mutual covenants and •�,.�.:. Now, THEREFORE, of Sale dated 1;: aondit rills contained herein, and a Contxao _; ,.�. c 1994 , IT IS AGREED: ; i. •�. ,.; ,, grantor, hereby grants an • irrevocable, non-exclusive Easement to Grantee and Grantor only or o715' the purposes and in the areas described as follows! :It! T;• �� (a) For the ��purpose} ingreas the Parcels II and IIZ► • driveway (described below) of Parcel "I . " • 2 . j Y.11 Y.• The Easement shall be looateed Within driveway which commences l l " jet t located along mogt northerly portion eI" adacn to S.W.S.W. Pacific Highway es is roximately pictorially delineated on the attached Exhibit "D""is PP ("Driveway") . a The Driveway continues in a westerly direction from ( ) running parallel to the most rnortheily g .w . Pacific Highway, „ ►� a width ec�ua2. to the , property line of Parcel Y and having distance between the north p property line�o ti out can l "I" anduahpoi t which is approximately parallel of the Driveway along 8 .W . Pacific Highway . A•7.5r , . 1 k 4,y,or F Page 1 - EApepanti glp . . 0-.101.1N.4nt , , FROM •: R.0 _UTYCPA/FOCALPOINTSO RE PHONE NO. : 2859101 Apr. 16 1996 03:54PM P03 I — 0'.a v Grantor and Granted agree to 3 . de i n&en.e na a o llr-. . ewAy�. share eguelly the cost of the ongoing maintenance, upkeep and repair of the Driveway within the Easement. ,>;.. (a) In th® avant Grantor or Grantee makes any reasonably necessary repairs within the Easement, the other party of shall any reimburue the party who made such repairs for ono-half (1/2) of of • costs related to such repairs within thirty ( ) much costs an invoice epeaifyin the nature of such drepairs. r y mu accrue not reimbursed within the thirty (30) day period per annum from the interest at the rate of twelve percent (12%) p date such costs were incurred until. paid. 4 . ag2pArAtign. Grantor and Grantee agree to cooperate with each other by requiring Grantor and Grantee, and their tenants, invitees guests, agents, etc. , to refrain amp7�.oyeee , customers , , "`' from (a) parking vehicles in the Driveway which woad hinder the 44+" y .;.'r: . free flow of traffic to and from Parcels "ii" and "Ill" and (b) the • Jd:.:; . improper parking of vehicles in designated parking spaces on each of the Parcels fli::'''.' g. M.i. callanaell • In the event Grantee oonstructs ,3f impxuvemente on PnrUal "II" (other than those necessary for the surface parking of vehicles thereon) or Grantee ImeIZ Parcel XI for storage of any kind (excluding the receipt Rea normal Lee shipments) , this Easement shall automatically terms no further rights hereunder. (a) Grantee acknowledges that any such improvements would cause an overburdening of the Easement. (b) Within sixty (60) days of the recording of this Easement, Grantee shall place a sign on Grantee' s property, reasonably approved by Grantor, identifying the parking area on Parcel "11" for tenants, contractors , invitees, agents, etc. The sign shall also warn against parking vehicles on the Driveway and that violators will be towed at the owner's expense. Such sign •, shall be maintained by Grantee in reasonably good condition and repair for as long as this Easement remains in effect. 4 . AttQl'ney ireee. In the event eluit or action is instituted � " by either party hereto in order to interpret or enforce the terms ; `` hereof, the losing party shall pay the prevailing party its attorney fees and costs as awarded by the court at trial or upon any appeal or review thereof. This Easement shall be binding upon and 7 'to the benefit of i; their heirs, successors and inure }�q parties, assigns, shall run with the land and shall benefit Parcels "II" and "III" and burden Parcel "I • " Page 2 - Easement 1540 14sownt I FROM : R.V. LUTYCPA/FOCALPO I NTSOF E PHONE NO. : 2859101 Apr. 16 1996 03:55PM PO4 i This Easement' shall. be amended only by and instruument in writing si 9. t llw t' ned by Grantor and Grantee. TN WITNESS WHEREOF, the t ihave executed this Easement ;«. :.,, effective the date and year fir mentioned 4; J3 GRANTEE: ,;; ,0+. .GRANTOR2 • '�rl ^! G ,.. .st.dirt______..-- . ,, Tad Cann. � PPPauk ne E • Alf en E. Gann STATE oF -oA&BeNi-• ) ,fin ) 6"" County of 6/2Q�fM41/ .) On this q day eny of. 4213., /,... 1994 , personally appeappeared► Ted Gano, who, being duly oworn, acknowledged for g .'ng instrument to be his voluntary act and deed. '��� 7 Notary Publ c of Oregon My Commission Ex �t AK 2�o1 YUla �91 THRU IMICARVIRS., ND. n �;��:,. STATE OF •9RB9E?1Q ) .^ J3i. t„ County of )s��. �� #; � •sax ed dG 1994 , personally ap . ��"'. ,; On this day of ► 1 • Helen E. 4nno, ;who, being duly sworn, acknowledged the fof 'going7 instrument to be her voluntary act and deed. / • No€+pry Pub 0 of Oregot110TN1Y Mttt,tE Y1AYti (� My Commission Expires. 1� E u.. I ' STATE OF OREGON ) County of On, t h. i s 2-a a b of ► 1994 ,a personally appeared peared Pauline F. L who, being Y sworn, acknowledged the foregoing instrument to b e her olunt ry act and C. !!.;1,7,,. QppCAL SA, 7/ d it °-"--Not:ty . • 1C b� gregon I ' `;:`; o Cag »» O Oa M y Goy • scion Expires: , Y •`MMMION EXPIRES JUL.17I1 S7 w Easement ', FROM : R. U.LUTYCPA/FOCALPOINTS0 IRE PHONE NO. : 2859101 Apr. 16 1996 03:56PM P05 IIMMEMNI: t7^b.:;. :.6 W41', Exhibit "A'r A traot of land in Section 2 , Township 2 south, Range 1 nt Willamette tel of toregon. Said ntract County ]and being am and more ad St particularly described as follows: Commencing at a point that bears South 1305. 0 feat and South 03 ' O3 ' 42" West 389. 70 feet from the West quarter corner of said Section 2 , said point of. beginning 18 also so the Southwest corner of that tract of land conveyed Wayne C. Rembold and J .D. Bishop doing business as Rembold-Bishop Propertios, described in Foe No. 18-8522 , i•AF::!• Washington county Dined Records; thonc7e from maid point of beginning South 76 ' 40'28" East along the South line of -�. ' said Rembold-Bishop Tract a distance of 43 . 45 feet to the .xi. being the intersection of the North line of S .W. Watkins •r..,,.. Avenue and the West line of Pacific Highway West; thence North 33 ' 15' 17" East along the East line of the said Reinhold-niehop Tract a distance fQ�and 354 .77 feet to conveyed to JtTt� Bouthaaet corner of that Revere and Dorothy Ravers, husband and wife, described in Book 733 , page 31, Washington County Records ; thence North 34 ' 44' 43" West along the South line of the said Devery Tract and the westerly extennion f line a distance of 120 . 0 feet to a point; 33 ' 15/ 17° West parallel to the Lest line of said Rembold- Bishop Tract a distance of 236. 0 feet, more or leas, to the West line of the said Rembold-Bishop Tricot ; thence South 03 ' 03 ' 42" West along the West line of the said Rembold-Bishop Tract a distance of 135. 00 feet, more or less, to the point of beginning, Ltiftp-• 11*fycrr ,..'FROM .. R.tj.LUTYCPA/FOCALPO!NTS( JARS PHONE NO 2859101 Apr. 16 1996 03:57PM P06 1j'i' Order No. 93074105-W Exhibit. "8" PARCEL ,';! p treat of land in tote goutownghipn2 the Southwest ' one puartsr of 68Ctton Z. T p '�.: i .,... . Willamette Meridian, City of Tigard, Waohington Coenty, Oregon ss follows: :, ` 'Beginning at the Northeast corner of Lot 3, of MELROSE .':'#� ; `SpeDIVXBION) thence leaving said subdivision, North 09' 49' 36" 1= ' rdest, and einaFeethe NumberSouth 85-50752, Washington County Deed •,,• Records, in ,,�"� .,Reaords, 139.47 feet to a 5/gear�ha�rp�►xcell end thc�noe continuing '�7r,��P,•, � l -1 or beginning f the herein described 5/8 inch• ,1r along said line North S9'49 ' 36" East, 79.08 feet to a 5/ inchl.el. > Iron Rod; thence leaving said line South 33q15' 17" West, Way g6. �6 �, to the westerly Right of the thatfTraotgof$Land as Pent to a point on the Northerly deperibedn peg Number Wel8alongaaidg»drCherlX county lineDeed a�edaid$ + thence North 56 44 ' 43"• °::: Fee Number 7841330, 66.00 feet to a 5/8 inch Iron Rod; thence .1 line, North 33.15 '17"leaving said Northerly the westerly Right of Way line nothe 'aoifie Highway, 42,79 fn feet to the True Point of Beginning. 1 ,M: k--ii:41. : • „i.:,1-i.../4 • • Jl. . • 4111-.A,...: • S:+` .. . FROM : R. LJ. LUTYCPA/FOCALPOINTS ARE PHONE NO : 2859101 Apr. 16 1996 03:58P11 P07 *. , r 1 g1.Y• fi.1r ,+�� ' A tract of land located in the Southwest one-quarter of --+ ,` ` , the Southwest one--quarter of Section 2 , Township 2 South, 1:`,,a:,s . , J+: Range 1 West, Willamette Meridian, Washington County, :111 state of Oregon, described as follows: Beginning at a 3/4 inch iron pips on the line botweon Sections 2 and 3 , begin 1305. 0 feat South of the quarter section corner common to said Seec tionn to the 3 ; thence South 89 degrees 47 ' East 218 . 54 corner of 'tract 11 ass, described ibed in Contract recorded Teh uary 22 , 1978 , Recorder's Fee No. "' (Southwesterly 86. 10 feet parallel with the Northwesterly right of way line of the Northeasterly ine of athat Highway to a point to Harry O. and tract conveyed by Wilbur Bishop, Jr. Geraldine M. Wahl and Leonard E. and Genevieve Wahl , by Deed dated September 13 , 1978 , recorded September 18 , 1978, Recorder's Fee no. 7t3 4133(0 , Washington County Daed Records; thence Northwesterly along the Northeasterly tract line, 66 feet to the most Northerly ,P!.) ' corner of said Wahl tract; thence South 33 degrees 15' 17" ..ih . ' ' a�ie., west 234 . 0 feet, more or leas, along the 2Sortt�wetxter y i .�,. line of the said Wahl Tracts thence North 3 degrees 00 ' ,,1 : ;. East 235. 5 feet, more or less to the point of beginnings '' ''4 'TOGETHER WITH a 45 . 0 foot wide strip of land for ingress ' and egress purposes situated in 8aoti.on 2, Township 2 fir''` ' ! South, Range 1 west, woreaametteYM Meridian,gdi n, i y particularly i , .∎ Washington County, described as follows; The Northeasterly 45 . 0 of that tract of land conveyed to and. Harry & Geraldine wah78 041338 ,!1 wash;gton GeneCounty vieve recorded in FeO No. Records, the southwesterly line of Said strip being parallel with the Northeasterly line of said Wahl tract; EXCLUDING TSEREFRONt A tract of land in the Southwest One Quarter Range of he Southwesthe one Quarter of Section 2 , Township South, Willamette Meridian, City of Tigard, Washington County, Oregon desoribed as follows: Beginning at the Northeast corner of Lot 3, ofNo�th 89� g9 ' 36" "'. SUBDIVISION; thence leaving said subdivision, x� East, and along the South line of that tract of land as e :4 �f.z; . 4, described in Fee Number (35-Sd7g?., wnshington County Records, 139. 47 feet to a 5/8 inch Iron Rod rind the True point . '_�' 1��' of beginning of the herein described Para®]t thence continuing :1 along said line North 89° 49 ' 36" Bast, 79.08 feet to A 5/8 inch �i. Iron Rod; thence leaving said line South 33.15 ' 17" West, parallel ,.., to the westerly Right of Way line of the Pacific highway, 86 .36 ; r,: .,, y feet to a point on the Northerly Line of that Trnat of Land as ;�;" described in Fee Number 7841338, Washington County need Records ; thence North 56'44' 43" West, along said northerly line of said 5/8 inch Iron Rod; thencC� Fee Number 7841330, 66.00 feet to a 5/ � 1c�� East, Parallel to Leaving said Northerly line, North 33 7.5 };wa ► 42 .79 f the westerly Right Point of Beginning. pacific Rig Y NawM t-et VIP hfi r f7pM : R.V.LUTYCPA/FOCALPO I NTSOr IRE PHONE NO. : 2859101 Apr. 16 1996 03:59PM P08 4• • ' e I ,• 11111 purpose of assisttny in locall,�+ '" "�Ornlse6 And �. T: sketch btjtOw is rneda ea P ,J lUCat�o11 I the company assumes n for varlatl0,s.11'`any. in dime asce�rtatned by actual survey. I 9, JT1COrTITLE INSURANCE ., —p 4 Ix.l i h� 140Ac. ife f~ivae� 7 't 4ti ti� . •/ 174-,...� pv1K�1+ �� J - *� ' ; > S" /'. • ••• Y, 0.1...C. ST ��Y 6 •�CC .QIY i 500 .� f pl .Q c• • n , / , , 3. A9.ac �:'1 f..... i IV 1 / . Q r j) ` �4' / q > '1O. p N. `V ,A .074C fJ.. .. . ' f_ \,) 901 00N,CA,N. • 4 ,. i MAP U` • 1 3DD �'J 40 ,..,) . .. ..7 ` . 1000 'P `'• 9,44 •►7�tC. r`ti „ ::,..a ,w� Ipsi/v 800 y. N. 1,..::, 100 4.1 /ODAt a+°c• t \. sr� ,. �« 1,f ., �M y• `� N. •.7*6 f ,0� • N. \ `\ `. • /6••!d W t 140: .�-� s�•0xntl IV 'V PT. tIN1t'w tip 00 1400 $500 • 1600 $700 1800 a reoo� ,�t »oo , I" tt;z f C"ti \1it�/ 0 ,it