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MMD2008-00019
E1DMYHD ELSf1 I'I'I ' 66 AJXH 6FOOOiOOZGJ'\TPT City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigard, OR 97223 IN October 6, 2008 T I G A R D Melissa Muzzy Hwy 99,L.L.C. 2655 Marylhurst Dr. West Linn, OR 97068 RE: Hwy 99,LLC Minor Modification Request (MMD2008-00019) 11606 SW Pacific Hwy;WCTM 1S136DB,Tax Lot 2601 Dear Ms. Muzzy: This letter is in response to your request for a Minor Modification (MMD2008-00019) for a change of use and tenant improvements within an existing building located at 11606 SW Pacific Highway. The building is currently vacant and the previous use was an unfinished furniture store. Because the furniture sold was small scale products such as stools and bookcases, it would be classified as Sales-Oriented Retail rather than Bulk Sales Retail. You have proposed new uses for the building that involve three tenants. One tenant will occupy the lower floor: Next Level Martial Arts. The use is a specialized training facility to serve a small number of students that seek advanced martial arts training and female defense techniques. The classes will average 20-30 students. A small number of specialized products/tools will be available for the students. Hours of operation will be from 9:00 a.m. to 7:30 p.m. Monday through Friday,and 9:00 a.m. to noon on Saturday. The approximate square footage is 3,200 square feet. The upper floor will have a supportive retail use of approximately 1,500 square feet (tenant yet to be determined) along with the Kettlebell Gym. This gym will offer personalized training for one to three persons by appointment only. If demanded,classes three times a day will be added. No modifications to the building or site are proposed with this application. The original application requested to pave the gravel area located behind the building. Staff sent an incomplete letter requesting additional information necessary to review the paving request. Ray Force, the project manager, stated the paving would occur later and this minor modification request is only for the change of use;therefore,this approval is limited to the change of use only. City records show the building existing prior to 1978. Conditional Use permits were approved for an ice cream shop in 1978 and florist in 1979 (CU16-78 & CU2-79). Other land use cases include a temporary use in 1978 (TU10-78) and various sign permits. The site currently lies within the Tigard Triangle. In 1996 special code requirements were adopted that outline site and building design requirements for properties within this special planning area. The site and building do not meet current design and development standards of the Tigard Development Code and is considered a non- conforming development. Because no exterior or site changes are proposed and the change of use is not a Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 major modification, the applicant is not required to bring the site into full compliance with current standards at this time. Future changes may require full code compliance. 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. Parking requirements are based on building square footage. The applicant states that the building is 6,700 square feet. No building additions are proposed. The amount of existing parking will not be affected by the proposed interior remodel. Previous approvals and aerial photos show there are 10 off-street parking spaces. Under current standards, the previous use of Retail Sales would require 25 spaces. Based on the proposed uses, the requirement would be 19 spaces. The change of use is not increasing the non-conformance of the site. This criterion is met. 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 buildings is proposed. Therefore, this criterion is not applicable. Tenant improvements are proposed which will be reviewed through the Building Permit process. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to building heights. 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. The proposal is for a change of use and interior remodel. Off-site traffic will not be affected. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed change of use from Sales-Oriented Retail to Personal Services Retail is a less intense retail use. The traffic to and from the site is therefore expected to be less. Therefore, this standard is 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 proposal will not increase the square footage of the buildings. Therefore, 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. No common open spaces were previously required. This criterion is not applicable. Page 2 of 3 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. Staff has reviewed previous approvals for landscaping percentages or requirements. No site plans or requirements were found. Aerial photos show minimal to no landscaping on-site. This development does not comply with current standards and is considered nonconforming. The proposed change of use and interior remodel do not affect site amenities such as landscaping, screening, and recreational facilities. 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. As noted above, records revealed two previously approved Conditional Use Permits for the site (CU16-78 & CU2-79). A review of these previous decisions reveals that compliance with specific conditions of approval will not be affected. The applicant is not requesting to amend the previously imposed conditions. This standard is met. 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 and the condition below: THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING CONDITION AND LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. The applicant shall submit documents that address the following condition to the PLANNING DIVISION,ATTN: CHERYL CAINES 503-639-4171 x2437. The cover letter shall clearly identify the required: 1. Sign permits shall be obtained prior to the installation of any temporary or permanent signage. Contact Permit Technicians at (503) 639-4171 x2421. Limitations on Minor Modification Approval This approval is for a change of use and interior remodel only. No site modifications are approved with this minor modification. Deviation from this approval shall render this decision void. Sincerely, CAL44- a.. Cheryl Caines Associate Planner Page 3 of 3 • Standard City Map Print Map Page 1 of 1 .+\, VICINITY MAP .11619 ` • J MMD2008-00019•. r j 11631 — E y Hwy 99, LLC Minor �� Modification � r I 11635 ,-.—y --.)::11--1J1-7r)- I 11639 �N �T t 1� 71e.rd 11596 •I ..,#.4 SUBJECT SITE J \\ \ , • 11606 11610 /" — ! �, ; 11355 _11608 1160$ Information on this map is for general . • • location only and should be verified f! \ with the Development Services Division. l _ y 11634 A 11636 1, -^ NORTH •` Map printed at 06 Oct-OS 02:23 PM ' E I DATA IS DERIVED FROM MULTIPLE SOURCES y� THE CITY OF TIGARD MAKES NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE i CONTENT,ACCURACY,TIMELINESS OR 'r PROVIDED HEREIN THE CITY OF TIGARD I 1 G11 i SHALL ASSUME NO LIABILITY FORANY I ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. 11612 City of Tigard City of Tigard 13125 SW HaII Blvd II --- Tigad.OR 1 11612 0 B9ft r 9 23 711 www.ligardor.gov TIGARA http://tiggisiw/mox52/enter.cfm?action=mx52_view_printablemap 10/6/2008 PT ,ANNING SECRETARY MATERIALS • AFFIDAVIT OF MAILING 111111 = . TI, AR I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {OB,i&w, © NOTICE OF DECISION FOR MMD2008-00019/HWY.99,LLC USE CHANGE (File NoJName Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on October 6,2008,and de • in the United States Mail on October 6,2008,postage prepaid. Li (Person reared Notice �' P 1 STATE OF OREGON County of Washington ss. City of Tigard _ Subscribed and sworn/affirmed before me on the 13 day of C66 ,2008. OFFICIAL SEAL, SHIRLEY L TREAT NOTARY PUBLIC-.416777 N ��1i� COMMISSI(N N0.416777 MY COMMISSION EXPIRES APRIL 25,2011 NOTARY P C OF OREGON My Commission Expires: Lit9.-5lil City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, JR 97223 EXH I B IT.A October 6, 2008 T I G A R D Melissa Muzzy Hwy 99,L.L.C. 2655 Marylhurst Dr. West Linn, OR 97068 RE: Hwy 99,LLC Minor Modification Request (MMD2008-00019) 11606 SW Pacific Hwy;WCTM 1S136DB,Tax Lot 2601 Dear Ms. Muzzy: This letter is in response to your request for a Minor Modification (MIVID2008-00019) for a change of use and tenant improvements within an existing building located at 11606 SW Pacific Highway. The building is currently vacant and the previous use was an unfinished furniture store. Because the furniture sold was small scale products such as stools and bookcases, it would be classified as Sales-Oriented Retail rather than Bulk Sales Retail. You have proposed new uses for the building that involve three tenants. One tenant will occupy the lower floor: Next Level Martial Arts. The use is a specialized training facility to serve a small number of students that seek advanced martial arts training and female defense techniques. The classes will average 20-30 students. A small number of specialized products/tools will be available for the students. Hours of operation will be from 9:00 a.m. to 7:30 p.m. Monday through Friday,and 9:00 a.m. to noon on Saturday. The approximate square footage is 3,200 square feet. The upper floor will have a supportive retail use of approximately 1,500 square feet (tenant yet to be determined) along with the Kettlebell Gym. This gym will offer personalized training for one to three persons by appointment only. If demanded,classes three times a day will be added. No modifications to the building or site are proposed with this application. The original application requested to pave the gravel area located behind the building. Staff sent an incomplete letter requesting additional information necessary to review the paving request. Ray Force, the project manager, stated the paving would occur later and this minor modification request is only for the change of use;therefore,this approval is limited to the change of use only. City records show the building existing prior to 1978. Conditional Use permits were approved for an ice cream shop in 1978 and florist in 1979 (CU16-78 & CU2-79). Other land use cases include a temporary use in 1978 (TU10-78) and various sign permits. The site currently lies within the Tigard Triangle. In 1996 special code requirements were adopted that outline site and building design requirements for properties within this special planning area. The site and building do not meet current design and development standards of the Tigard Development Code and is considered a non- conforming development. Because no exterior or site changes are proposed and the change of use is not a Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 h major modification, the applicant is not required to bring the site into full compliance with current standards at this time. Future changes may require full code compliance. 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. Parking requirements are based on building square footage. The applicant states that the building is 6,700 square feet. No building additions are proposed. The amount of existing parking will not be affected by the proposed interior remodel. Previous approvals and aerial photos show there are 10 off-street parking spaces. Under current standards, the previous use of Retail Sales would require 25 spaces. Based on the proposed uses, the requirement would be 19 spaces. The change of use is not increasing the non-conformance of the site.This criterion is met. 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 buildings is proposed. Therefore, this criterion is not applicable. Tenant improvements are proposed which will be reviewed through the Building Permit process. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to building heights. 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. The proposal is for a change of use and interior remodel. Off-site traffic will not be affected. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed change of use from Sales-Oriented Retail to Personal Services Retail is a less intense retail use. The traffic to and from the site is therefore expected to be less. Therefore, this standard is 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 proposal will not increase the square footage of the buildings. Therefore,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. No common open spaces were previously required. This criterion is not applicable. Page 2 of 3 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. Staff has reviewed previous approvals for landscaping percentages or requirements. No site plans or requirements were found. Aerial photos show minimal to no landscaping on-site. This development does not comply with current standards and is considered nonconforming. The proposed change of use and interior remodel do not affect site amenities such as landscaping, screening, and recreational facilities. 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. As noted above, records revealed two previously approved Conditional Use Permits for the site (CU16-78 & CU2-79). A review of these previous decisions reveals that compliance with specific conditions of approval will not be affected. The applicant is not requesting to amend the previously imposed conditions. This standard is met. 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 and the condition below: THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING CONDITION AND LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. The applicant shall submit documents that address the following condition to the PLANNING DIVISION,ATTN: CHERYL CAINES 503-639-4171 x2437. The cover letter shall clearly identify the required: 1. Sign permits shall be obtained prior to the installation of any temporary or permanent signage. Contact Permit Technicians at (503) 639-4171 x2421. Limitations on Minor Modification Approval This approval is for a change of use and interior remodel only. No site modifications are approved with this minor modification. Deviation from this approval shall render this decision void. Sincerely, C L+ Q. Cheryl Caines Associate Planner Page 3 of 3 Standard City Map Print Map Page 1 of 1 • , -, 1 ,__ . . . „____ , J 13,, i A VICINITY MAP . 11619 -1 1 .,.., MMD2008-00019 , .• . ....i 11631 1 _ Hwy 99, LLC Minor . . 1 .04 Modification c/NOG . -• ., _... . - 1 , - 1 116 35 • ,,, ,1 1 ), I. •' ---',, . fdil 14 11639 : . 1139e Ti .rd 1 L-1-11.4.crii- ..-- ,- 't , .- .. . i SUBJECT SITE \ i ' .. 11606 11610 1( 11353 i . L _11602 , Information on this map is for general I • , location only and should be verified with the Development Services Division. / ) ..... I , I , .. ....il ,-` , A. . - , <,.." • . , NORTH 11636 , l \ \ I I , , Scale 11,000-1 in=836 AU N i ; > Map printed at 06-Oct-08 02:23 PM DATA IS DERIVED FROM MULTIPLE 5 OURCES ! THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE it CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN THE CITY OF T1GAFtD 11644 I SHALL ASSUME NO LIABILITY FOR ANY i , ERRORS,OMISSIONS,OR INACCURACIES IN i 1 THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED 11642 City of Tigard 1.-- . ; 1 , : , , 11612 Cfty of Tigard• 13125 SW Hall Blvd ) Tigard OR 97223 m a i . 1 i w 0 blft 503 639-4171 vrw lig a rd-or 50 TGA rr i • http://tiggisiw/mox52/enter.efin?action=rnox52_view_printablemap 10/6/2008 Melissa Muzzy MMD2008-0001. EXHIBIT L Hwy 99,LLC HWY 99,LLC USE CHANGE 2655 Marylhurst Dr. West Linn, OR 97068 Richard A. &Tamera L. Slagter 5760 SW Nicol Road Portland, OR 97225 Identify Results Page 1 of 1 Identify Results L Tigard Area Tax Lots Tax ID Number 1S136DB02601 Tax Account Number R285211 Site Address 11606 SW PACIFIC HWY SLAGTER,RICHARD A& Owner TAMERA L Owner Address Owner City PORTLAND Owner State OR Owner ZIP 97225 Acres 0.34 Bldg SF 0.00 Bldg Value $317,310 Land Value $311,970 Total Value $629,280 Sale Price $560,000 Sale Date 03/20/02 Owner 2 5760 SW NICOL RD Owner 3 Custom Actions tii:/l L=J ' http://tiggisiw/mox52/enter.cfm?action=mox52_broker data&datacmd=identify&pkfield=... 10/6/2008 APPLICANT MATERIALS M . , Ir MINOR MODIFICATION TYPE I APPLICATION REcpi ...au, frED City gf Tigard Permit Center 13125 SW Hall Blul, TigtnI OR 97223S Ep Phone 503.639.4171 Fax:503.598.1960 0 9 2n GENERAL INFORMATION t7� 1li a, ��t7 ` FRIa G Property Address/Location(s): NoC2z43 c�. W ay\L (1r 1k j FO R STAFF USE ONLY Tax Map&Tart#(s): 02 Le 0 i i 5 l ‘ 6 8 Case No.(s): •-•(lit D a-01)$-0-01)19 Site Size: C7 , 1 ,`--k. arx' Other Case No.(s): Applicant'': 3 Address: 21D -� vlY S�— qtr Receipt No.: 07� (SC7 ' City/State:\p5\- 1 QO.. Zip: q-(' (,,8 Date:Application Accepted By. Tp-� � Primary Contact: �� `YWZ Date: /9 fog' Phone: < iG- 2d t k Fa": bbl "?.!:10 Q� 3 Q Date Determined Complete: 9/3 O f)g Property Owner/Deed Holder(s)": (Attach list if more than one) Rev.7/1/07 is\"Tin\masters\land use applications\minor modification app.doc Address: Phone: City/State: Zip: * When the owner and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted or an agent of the owner. The owner(s)must sign this application in the space provided without the required submittal elements) on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY Application Form The owners of record of the subject property request permission for a Minor Owner's Signature/Written Authorization Modification. To review a modification as a Minor Modification,the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed i Title Transfer Instrument or Deed within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a d Site Development Plan(3 copies) Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please Site/Plot Plan(reduced 81/2"x 11) address the criteria below contained in Section 18.360.050(B) including a detailed Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(8) 1. An Increase in dwelling unit density or lot coverage for residential development. V( Filing Fee $574.00 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 In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 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. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. a 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,and 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. DATED this day of .' ,20 U0 AH\c /114 s Sr nature Owner's Signature Owner's Signature Owner's Signature City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, JR 97223 1,1• T I GARD September 16, 2008 Melissa Muzzy Hwy 99, LLC 2655 Marylhurst Dr. West Linn, OR 97068 RE: Completeness Review Minor Modification Request (MMD2008-00019) Dear Ms. Muzzy: The City has received your application for a Minor Modification (MMD2008-00019) to utilize existing retail spaces for specialty, by appointment, training spaces at 11606 SW Pacific Highway. Staff has completed a preliminary review of the submittal materials and is requesting the following items to deem the application complete and process the review: 1. Please provide an additional description of the proposed use. What type of training and classes are offered? What products will be sold in the retail space? What is the name of the business? 2. The site plan shows landscaping along the eastern side of the building. Our records indicate that most of this area is actually on the adjacent parcel and not the site parcel. The site plan must be accurate. 3. Section 18.360.060 of the Tigard Development Code states that a minor modification shall be approved, approved with conditions, or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title (Tigard Development Code). The proposed development is a change of use and pavement of a gravel area for a parking lot; therefore the following standards are applicable. Please address each standard and show it on the site plan. • 18.520.040 (Commercial Zoning Districts Develoment Standards) — 15% landscaping is required. • 18.620 (Tigard Triangle Site Design Standards) 18.620.030A5 - Parking location and landscape design. Screening and landscaping of the parking lot as required by 18.745.050.E must be at an L-2 standard. Trees shall be a minimum 2-1/2 inch caliper, spaced at a maximum of 28 feet. Shrubs shall be of a size and quality to achieve the requirements under 18.745.050.E within two years. Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 • 18.745 (Landscaping and Screening) — 18.745.050.E - Screening and landscaping of parking and loading areas. How will these requirements be met? • 18.765 (Off-street Parking and Loading Requirements). 18.765.030.G — Disabled accessible parking. Where are these located? How many spaces are provided? 18.765.040.1,J, K N— Striping, Wheel Stops, Drainage and Space and Aisle Dimensions. Drainage requirements are outlined in the attached Public Facility Plan Completeness Checklist dated 9/12/08. Please show the dimensions of access aisles and parking spaces. 18.765.070—Minimum and Maximum Ofstreet Parking Requirements. 4. Please provide a copy of the building floor plans. Should you have any questions,please contact me at 503-718-2437. Sincerely, Cheryl A. Gaines Associate Planner c: Land Use File MMD2008-00019 PUBLIC FACILITY PLAN Project: .606 Pacific Hwy COMPLETENESS CHECKLIST Date: 9/12/08 GRADING ❑ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. ❑ Centerline of street(s) clearly shown. ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. _ ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. ❑ Stubs to adjacent parcels required/shown? WATER ISSUES • Existing/proposed lines w/sizes noted? ❑ Existing/proposed fire hydrants shown? ❑ Proposed meter location and size shown? ❑ Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? Must provide storm water solution with submittal. Show how storm water runoff will be collected and where it will be discharged. Must obtain agreement if connecting to private storm sewer. ❑ Preliminary sizing calcs for water quality/detention Must provide calculations in accordance with provided? CWS Table 4-1 for water quality. Detention is required if the net, new impervious surface is 10,000 sf or more. ❑ Water quality/detention facility shown on plans? Show on plans if required by CWS Table 4-1 ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? REVISED: 09/12/08 The submittaUs hereby deemed I I COMPLETE 42 ► COMPLETE By: Date: a•I L.o8 REVISED: 09/12/08 f r Wash". n County. Oregon 2008-072389 08/20i2008 03:37:48 PM V 0-OW Cnt=1 Stn=8 C PFEIFER I S15.00$5.00$11.00 S20.00 51.050.00-Total=$1,101.00 t �� apt e;X� 11111111111111111111111 IIIHHI' III N 7 ~ r THIS SPACE RESERVE 01283112200800723890030032 I Richard Hobernieht.Director of Assessment and Taxation Ex-ORi County k W County Oregonand .do hereby cio certy Clerif that for the Within instrument of writing was received and recorded in the C book of records of said courttyC.Arl Richard Hobernicht.Director of Assessment and ld _ Taxation Co-Officio County Clerk ✓/D After recording return to: Hwy 99, LLC 2655 Marylhurst Drive West Linn, OR 97068 Until a change is requested all tax statements shall be sent to the following address: Hwy 99, LLC 2655 Marylhurst Drive West Linn, OR 97068 WASHINGTON COUNTY REAL PROPERTY TRANSFER TAX File No.: 7073-1239710 (mah) • tw n Date: July 15, 2008 ,'-'r AD j O (`� STATUTORY WARRANTY DEED Richard A. Slagter and Tamera L. Slagter, Grantor, conveys and warrants to Hwy 99, LLC , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: BEGINNING AT THE NORTHEAST CORNER OF THE GEORGE RICHARDSON D.L.C. NO. 55, SITUATED IN SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, AND RUNNING THENCE SOUTH 00° 13' WEST 794.46 FEET TO A POINT IN THE CENTER LINE OF SOUTHWEST 72ND AVENUE (COUNTY ROAD 245); THENCE NORTH 89° 47' WEST 20.00 FEET TO THE NORTHEAST CORNER OF THE HENRY METZENTINE PROPERTY AS DESCRIBED IN DEED BOOK 418, PAGE 0400, WASHINGTON COUNTY DEED RECORDS, AND WHICH CORNER IS ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SOUTHWEST PACIFIC HIGHWAY; THENCE CONTINUING SOUTHWESTERLY ON SAID RIGHT OF WAY LINE ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 1462.40 FEET, (THE LONG CHORD OF WHICH BEARS SOUTH 59° 26' WEST 244.32 FEET) 244.59 FEET TO A 3/4 INCH IRON ROD; THENCE CONTINUING ALONG SAID RIGHT OF WAY, SOUTH 64° 13' WEST 229.34 FEET TO A 5/8 INCH IRON ROD AT THE TRUE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE ALONG SAID HIGHWAY RIGHT OF WAY SOUTH 64° 13' WEST 100 FEET TO A 5/8 INCH IRON ROD; THENCE SOUTH 00° 30' WEST 150 FEET TO A 5/8 INCH IRON ROD; THENCE NORTH 64° 13' EAST 112.49 FEET TO A 5/8 INCH IRON ROD; THENCE NORTH 00° 30' EAST 71.00 FEET TO A 5/8 INCH IRON ROD; THENCE NORTH 08° 10' WEST 74.31 FEET TO THE TRUE PLACE OF BEGINNING. Page 1 of 3 i•PN: R0285211 Statutory Warranty Deed File No.:7073-1239710(mah) -continued Date.07/15/2008 EXCEPT RIGHTS OF PUBLIC IN STREET, ROADS AND HIGHWAYS. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. Subject to: 1. Fiscal year real property taxes, a lien not yet payable. 2. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $1,050,000.00. (Here comply with requirements of ORS 93.030) Page 2 of 3 • APN: R0285211 Statutory Warranty Deed He No.: 7073-1239710(mah) -continued Date:07/15/2008 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195- 336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. Dated this• f." day of , 20'/ . Richard A. Slagter ` Tamera L. Slagter STATE OF Oregon ) )ss. County of Clackamas This instrument was acknowledged before me on this • y of 21Ari by Richard A. Slagter and Tamera L. Slagter. � . !/_/ Ma Ann ugh •r Notary Public f. egon Ger,,L.;u OFFICIAL SEAL My Commission expires: /�/� M A HUGHES NOTARY PUBUC-OREGON " COM MISSION NO,425424 MY COMMISSION EXPIRES MAR 16,2012 Page 3 of 3 September 19, 2008 Cheryl A. Caines Associate Planner City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 RE: Minor Modification Request (MMC2008-00019) Thank you for your letter of September 16, 2008. It is my understanding that questions one and four are required to be addressed. The other questions will be addressed when we resubmit the paving request for the southeast parking area. The paving request is pending completion of storm water engineering by our engineer. 1. You have asked more information about the three proposed uses. Space One— Lower Floor Next Level Martial Arts The use is a specialized training facility to serve a small number of students that seek advanced martial arts training and female defense techniques. The general public would not seek to utilize this facility. Those who seek this training have been involved in martial arts for some time and seek personal attention. The classes are small and the techniques are advanced. A small number of specialized products/tools will be available to the students. Space Two— Upper Floor Kettlebell Gym Personalized training for one to three persons to enhance physical fitness, awareness, and response rates. The training utilizes martial art techniques. The training is by appointment only with classes three times a day if demanded. Space Three— Upper Floor This space is proposed to be a small supportive retail business. We do not have a tenant and are wiling to bring a prospective tenant through this process. 2. Floor Plan A floor plan is enclosed. Please do not hesitate to ask for additional information. Sincerely Hiti,"" 7 Melissa Mu y September 4, 2008 MINOR MODIFICATION TYPE 1 APPLICATION Hwy 99 LLC 11606 SW Pacific Highway. PROPOSAL SUMMARY The applicant proposes minor tenant improvements to allow development of the existing retail spaces to specialty, by appointment, training spaces. The existing building has three retail spaces, one on the ground floor and two above. Each space has its own entrance. The spaces above are at grade as is the space below due to the sites grade. The below space entrance is to the rear of the building and the upper spaces are to the front. The lower floor is approximately 3,200 square and the upper spaces are approximately 2,000 square feet and 1,500 square feet for a total square footage of 6,700 square feet. Space One — Lower Floor We will have between 20-30 students per class (average) and 2 full-time employees and 2 part-time employees. The hours of operation will be from 9:00am to 7:30pm Monday through Friday, and 9:00am to noon on Saturday. The classes take place from 9:00 am to 10:30 am or 10:00 am to 11:30 am; evening classes are 6:00 to 7:30 pm and 7:30 pm to 8:45 pm. The approximate square footage is 3,200 square feet. Space Two — Upper Floor The upper floor, Space Two is going to be a conditioning facility, conducting business on a personal level, with one on one coaching. There will be a group class schedule as well, accommodating up to 12 people. The business use is specialty training, by appointment only. This is not going to be a main stream gym where a client can come in and use at his or her leisure. Approximate square footage is 2,000 square feet. Space Three— Upper Floor The upper floor Space Three will be a small retail space serving the building and surrounding area. Approximate square footage is 1,500 square feet. 1 MINOR MODIFICATION TYPE 1 APPLICATION Hwy 99 LLC 11606 SW Pacific Highway. The existing retail use, according to the Institute of Transportation Engineers' Trip Generation manual produces 32 peak hour trips. The space that remains retail produces 7.2 peak hour trips; although the expectation is that many of the users will already be on site. The training facilities do not produce any peak hour trips as they are operated outside of peak hour periods. The class at 6:00pm will attract users on the roadway on their way home from work and are not "new trips. Therefore they proposed use is less intensive then the existing allowed use of the structure. The applicant has requested permission to pave an existing gravel/dirt parking area at the rear of a retail building. The applicant will address storm water issues with the City of Tigard engineers. The proposed paved area is slightly less then 4,000 square feet. 1. An Increase in dwelling density or lot coverage for residential development The project is a commercial project that seeks to utilize the previous three retail bays for retail and low impact training facilities. 2. A change in the ratio or number of different types of dwelling units. The project is a commercial project; no dwelling units are proposed. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The applicant does not propose to change the use of the property. The property is fully developed, except the rear parking area is not paved. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change to the use or occupancy of the building is proposed. The structure is a commercial structure and will remain as a commercial structure. 5. An increase in the height of the building by more that 20%. The buildings height is not proposed to increase. 2 MINOR MODIFICATION TYPE 1 APPLICATION Hwy 99 LLC 11606 SW Pacific Highway. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No change in access is proposed. 7. An increase in vehicular traffic to and from the site an increase can be expected to exceed 100 vehicles per day. The proposed use is expected to be at a reduced intensity as previous retail uses. 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding expansions under 5,000 square feet. The existing retail structure is not proposed to be expanded at all. 9. A reduction in the area reserved for common open space and For usable open space that reduces the open space area below the minimum required by this code or reduces the open space by more then ten percent. The site is a fully developed retail site without open space. The storm water treatment will probably require landscaping which would increase areas devoted to landscaping. 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. The site is a developed retail center with three retail spaces. The applicant proposed to pave an existing gravel/dirt parking lot consistent with Tigard's code. The storm water issues will require additional landscaping so that there will be an expansion of landscaping on the site. 11. A modification to the condition imposed at the time of Site Development Review approval that is not the subject of Criteria 1 through 10 above. The applicant is not proposing any changes to existing conditions. 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EXISTING EXISIING FULL BATH HALF BATH Cr) L() EXISTING OFFICE PROPOSED LAYOUT SCALE:3/16"=1'-0" UPDATED 8.27.08 Cr) • EXISTING EXISTING OFFICE I • STORAGE EXIST¢JG OFFICE EXISTING OFFICE 'O EXISIING HALL BUILDING LOWER FLOOR SCALE: 1/8"=1'-0" )a.1 •