Loading...
MMD2010-00002 MMD2O1O - 00002 TIGARD CHAMBER BUILDING COOL CATS COFFEE • NOTICE OF TYPE I DECISION E ! MINOR MODIFICATION (MMD) 2010-00002 rrR TIGARD CHAMBER BUILDING 'r COOL CATS COFFEE 120 DAYS = 5-13-2010 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Chamber Building Cool Cats Coffee CASE NO.: Minor Modification (MMD) MMD2010-00002 PROPOSAL: The applicant proposes to place a portable coffee kiosk in the lobby of the Tigard Chamber of Cvommerce Building to serve walk-in customers and the guests of a member of the Chamber who would be conducting a meeting in the Chamber Building. No other work is proposed. APPLICANT: Nader and Amy Farhat OWNER: Tigard Chamber of Commerce 139 Argyle Court 12345 SW Main Street Newberg, OR 97132 Tigard, OR 97223 LOCATION: 12345 SW Main Street;WCTM 2S102AB,Tax Lot 05800. ZONING DESIGNATION: CBD: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. 1v MD2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 1 of 4 CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall not be allowed to provide additional sit down eating/drinking seating as the single restroom capacity will be surpassed. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 12345 SW Main Street,WCTM 2S102AB,Tax Lot 05800. The parcel consists of the Tigard Chamber of Commerce office building and its associated parking lot. The existing unisex barrier free restroom is sufficient for the first floor of the building including the coffee kiosk provided no additional seating is provided. This will be written as a condition of approval. Proposal Description: The applicant proposes to place a portable coffee kiosk in the lobby of the Tigard Chamber of Commerce Building to serve walk-in customers and the guests of a member of the Chamber who would be conducting a meeting in the Chamber Building. No other work is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification 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; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. No additional on-site parking is required as this is a walk-in kiosk with no business related seating. The building and business front Main Street in the Downtown Commercial District and are exempt from additional parking requirements per Table 18.765 footnote 5. Therefore, this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes to the structure. Therefore, this criterion does not apply. --- - ;\IIvID2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 2 of 4 • 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; There will be no increase in vehicular traffic to and from the site. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There will be no increase in floor area. Therefore,this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies MMD2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 3 of 4 Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON JANUARY 13, 2010 AND BECOMES EFFECTIVE ON JANUARY 14, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at(503) 639-4171. jit f7f, 14te/14 January 13, 2010 APPROVED BY: Darrel"Hap"Watkins DATE Assistant Planner • MMD2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 4 of 4 MAILING RECORDS AFFIDAVIT OF MAILING I,Timothy Lehrbach, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: C7xck.,pn,nirzc K.(,) © NOTICE OF DECISION FOR MMD2010-00002/TIGARD CHAMBER BUILDING COOL CATS COFFEE (File Nn./Name Reference) El 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 January 13,2010,and deposited in the United States Mail on January 13,2010,postage prepaid. 0,/ / // ( erson that Prepared Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of 4-tik(1144q ,2010. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-OREGON , Ll� COMMISSION NO.416777 ) MY COMMISSION EXPIRES APRIL 25.2011 NO ARY PUBLIC F OREGON My Commission Expires: Yid--C/// NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2010-00002 1,1 TIGARD CHAMBER BUILDING TIGARD COOL CATS COFFEE 120 DAYS = 5-13-2010 SECTION I. APPLICATION SUMMARY EXHIBIT A FILE NAME: Tigard Chamber Building Cool Cats Coffee CASE NO.: Minor Modification (MMD) MMD2010-00002 PROPOSAL: The applicant proposes to place a portable coffee kiosk in the lobby of the Tigard Chamber of Commerce Building to serve walk-in customers and the guests of a member of the Chamber who would be conducting a meeting in the Chamber Building. No other work is proposed. APPLICANT: Nader and Amy Farhat OWNER: Tigard Chamber of Commerce 139 Argyle Court 12345 SW Main Street Newberg, OR 97132 Tigard, OR 97223 LOCATION: 12345 SW Main Street;WCTM 2S102AB,Tax Lot 05800. ZONING DESIGNATION: CBD: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 1 of 4 CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall not be allowed to provide additional sit down eating/drinking seating as the single restroom capacity will be surpassed. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 12345 SW Main Street, WCTM 2S102AB,Tax Lot 05800. The parcel consists of the Tigard Chamber of Commerce office building and its associated parking lot. The existing unisex barrier free restroom is sufficient for the first floor of the building including the coffee kiosk provided no additional seating is provided. This will be written as a condition of approval. Proposal Description: The applicant proposes to place a portable coffee kiosk in the lobby of the Tigard Chamber of Commerce Building to serve walk-in customers and the guests of a member of the Chamber who would be conducting a meeting in the Chamber Building. No other work is proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification 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; There are no dwelling units on the property. Therefore,this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. No additional on-site parking is required as this is a walk-in kiosk with no business related seating. The building and business front Main Street in the Downtown Commercial District and are exempt from additional parking requirements per Table 18.765 footnote 5. Therefore, this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes to the structure. Therefore, this criterion does not apply. N=2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 2 of 4 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore,this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; There will be no increase in vehicular traffic to and from the site. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There will be no increase in floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore,this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies 11\ID2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 3 of 4 Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON JANUARY 13, 2010 - I AND BECOMES EFFECTIVE ON JANUARY 14, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. And/444, January 13,2010 APPROVED BY: Darrel"Hap"Watkins DATE Assistant Planner MMD2010-00002 Tigard Chamber Building Cool Cats Decision 011310 Page 4 of 4 Farhat, Nader and Amy MMD2010-000L 13 Argyle Court Tigard Chamber Building Cool Cats Coffee Newberg, OR 97132 Tigard Chamber of Commerce EXHIBIT 13 12345 SW Main Street Tigard, OR 97223 .. . . . . ... /jj ` '" ,....„.. F VICINITY MAP .,.... ... ..... ... .. .. •�� V MMD2010-00002 `', Tigard Chamber Building Cool Cats Coffee 4 4' Subject Site 1• :-..., 4. 1 9399 f` le"\T `f. ,l. \\\� Tlg d ' Q .12345.. . _... -T • O aT ` r J < r �` Information on this map is for general location - only and should be verified with the Development • Services Division. Scale 1:480-1 in=40 ft 12405 - - Map printed at 13-Jan-10 10:41 AM a� DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD - MANES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE CONTENT.ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE \`\ DATA PROVIDED HEREII TIRE CITY OF TI GARD SHALL ASSUME NO • 12374`.. \ LIABILITY FOR ANY ERRDRS.OMIH9grq OR INACCURACIES W THE \\\ INFORMATION PROVIDED REGARDLESS OF HOW CAUSED 12415 ` - \� 123380 12380 ntn f n 13i1g25SWH�lBlvd \ �lG "nMr1PS T503639-417123 � N • 12425 (l www.tlgeFd or.gov I IGARD 12386 2S102AB05800 TIGARD AREA CHAMBER OF COMMERCE,THE O\V I 1 IC\ Q 1 �J f Of I 12345 SW MAIN ST � 1 C��IJ r TIGARD,OR 97223 I 1 3 r \t APPLICANT MATERIALS RECEIVED • City of Tigard JAN 1 2 2010 71 i Minor Modificat T e I Application TIGARD PLANNINr, NGINE GENERAL INFORMATION • In addition, the Director must find that the proposed ( ) ' ��i5 S� � n S I change is in compliance with all applicable requirements of Property Address/Location(s): `i Title 18 of the Tigard Development Code. To complete TI C62-1) D1- this review, the Applicant's proposal must include a Tax Map&Tf r Lot#(s): discussion indicating how the site expansion/change will 9S/O 4.6 O 581:16 continue to comply with the maximum setback, building Site Size: r height, parking, and landscaping standards. Other Applicant*: �,c� %11 �,DtC -►` (.ao�(.Arl-S(a�rtcLequirements of this title such as clear vision, solid waste Pp L storage, non-conforming situations, signs, and tree Address: I Its Pr2Q`?Lt cr f AM"I PM removal may also be applicable depending on the type and City/State: . . I- aL • L Zip: A- Z location of the proposed modifications. Primary Contact: I.. 1 1 / 411,•.,t .tea 141 , r. t i Phone — : Or ', - _ E-Mail: nul c.t' � 1/44hk • .Lo iv-, . v Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) -r QW-_/ �� ��y� ,� (Applications will not be accepted without the C1` following required submittal elements) Address: 12 2)4 5 Cu- #.4a4 vt_$'l• Phone: 63/-141( City/State: 11 CM�O( � D k Zip: g'7 2 23 El Application Form �J - d Owner's Signature/Written Authorization * When the owner and the applicant are different people, the [c Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ' " possession with written authorization from the owner or an a Site Plan(4 Large Plans&One—Reduced to 8/� x agent of the owner. The owner(s) must sign this application 11") in the space provided on the back of this form or submit a Mr Applicant's Statement/Narrative(4 copies) written authorization with this application. Filing Fee $579.00 Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion . or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development . Review or Section 18.330.020(B)(2) —Conditional Use. If the FOR'STAFF USE ONLY modification exceeds the maximum allowed under any one or ��� more of the criteria, a Major Modification review is required. Case No.(s): jJ$11•c3D7 v Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement: Receipt No.: 17 b,c 3'71 The applicant's statement must include a summary of the Date: 1 (/64—b 0 proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: S• ' A er- to each criterion. Failure to provide the information needed Date Determined Complete: l/7 0 a .' to process the application would be reason to consider an l2evrsed: 1-Jul-09 application incomplete and delay 1 r\cuzilo\masters\land use applications\minor modification!p... does review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov Page 1 of 2 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 site 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, induding the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. • DATED this I Z*'.-- day of_ V 0-44 20 10 >� V Owner's Signature Owner's Signature I6.64 INjA/►'S -e, K.(S I oL of a bt) it gcwc( C-L 0-4"4-b"," Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT 4 3111 ill 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 176534 - 01/12/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010-00002 Minor Modification to an Approved Plan 1003100-43116 $504 00 MMD2010-00002 Minor Modification to an Approved Plan- 1003100-43117 $75 00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 122 STREAT 01/12/2010 $579.00 Payor: Cool Cats Coffee Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 ..., . ... .1:4Z.. .1.5 .2-:r s2 A ,3�...•�.f� fa r., i.v ` r•?-.� n=.--,:- S a - ' T .� ^'.f J ..._. .uw.�- _✓ e1rt ^`,� 2 t •yA !siti x4.44 y7itt!4 STATE OF OREGON SS a : . R ECEIVES 5. ti��. �� County of Weahingtan t. = ". =,� I,Jerry R;:Hanaerro Vector of Assess- = x} ment and.lexittlenn-an'E tf(fj County JAN 1 2 Clerk for ee oseo tyy e: r Fertlfy that ` 2 I the within Inetruifn1]eat' t, na W�4recelved ,. and recorded:�n,•b porde:of veld count vr� ' ♦^e CITY OF TIGARD y:t .'`M..',i ,. Y f, PLN�JII\3/ENGINEER! .,1"-. N .°;Uerrjt"t4:-Kana&r ,plrector of trAr: CO 14 ,Aaseaenttineandtaxatlon,Ex- "4.. Offlelo,GQynty Clerks wart RR Doc : 96047222 4".e. Rect: 164757 68.00 "2•' ,:. "_ 05/28/1996 02:14:31pm �,p �' t hrr F' �Z T A Ai TER RECORDING RETURN TO: -:�y 4.,--i,t The Tigard Area Chamber cf Commerce .Jail 12420 SW Main S � treet 'a "i ' w Tigard, Oregon 97223 =-- - a,a gw' ,i g- UNLESS A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO ,I ';" GRANTEES AT: The Tigard Area Chamber of Commerce, 12420 S.W. Main Street, Tigard, .rte .a Oregon 97223 X -z� l' u After recording,this Deed shall be delivered to: The Tigard Area Chamber of Commerce, 12420 . 'P'''- - S.W.Main Street,Tigard,Oregon 97223 T' ula s w T' �G BARGAIN 84 SALE DEED - `'—eAtt c� a it BURLINGTON NORTHERN RAILROAD COMPANY,a corporation duly organized :``;''4 and existing under the laws of the State of Delaware, GRANTOR, conveys to THE TIGARD AREA CHAMBER OF COMMERCE,an Oregon non-profit corporation of 12420 S.W.Main "' ^"- Street, Tigard, Oregon 97223 GRANTEE, the following described real roe r. g property rtY situated in , 1 c2 Washington County,Oregon,to-wit: _.4+ er - A tract of land situated in the Northeast %,of Section 2,Township 2 South,Range a , I West, Willamette Meridian, Washington County, City of Tigard, Oregon, 'a te described as follows: a Parcel 1 of Partition Plat 1996-026 as recorded in Washington County Partition Plat fir. records. Y a c The true consideration for this conveyance is$25,000.00. tr SUBJECT,however,to all existing interests,including but not limited to all reservations, r...>w a!:',';s- rights-of-way and easements of record or otherwise. SUBJECT ALSO, to that certain easement granted by the Oregon Electric Railway -4. .�='p. uc Company to the State of Oregon, acting by and through its State Highway Commission dated December 18, 1939,for the right to construct and maintain an overhead bridge. .s _ sue ' EXCEPTING AND RESERVING, however, unto said Grantor, its successors and at T assigns, all of the coal, oil, gas, casing-head gas and all ores and minerals of every kind and ` " nature,including sand and 'f1+ti r.' B gravel underlying the surface of the premises herein conveyed,together i? ; sa`tic; .;. with the full right,privilege and license at any and all times to explore,or drill for and to protect, '� conserve, mine,take,remove and market any and all such products in any manner which will not 5 z. `r,_• t --_+ 4 '_ `µ f"t'o• W.15MI�GTOff COUNTY ... i...: ,,. REAL PROP nTY TRANS!£ TAX >~�� 4-'L'S` rEF. Pt.* OATS /}—.- �.•,.�r.J 7��"?pr'.'7 . - ' • $rk!.� -'tkT. !fiC' nr c • _ -' d • r sv,-- : :kr-, r__:sir-•..-' . {66 4L.ar OTa.,.. e-4 .W�sR: x.• T' -Y?tv i irr lr yr .:.i'-f t --^ 7 - . 1 71 :..`�e:'"r-3_ �-,.........1.4.-..,,--4- .15-1.4.7.• -=....�z. , - _...'�F..r�:�'-�?i --3 ',:« t.` .z a �-s rtsef. ,a... . s-` .. - - ..,Lau a �' ,...3„....,,--.,-!.:7*i..^:i. .Na-0. t.. aie,ka .'4. 0-1.-t t!;:f r7^-S�s. , ". r.i 5. iaK. ', a ' a',_-..:( -. 1�'�/+"v!`i.'s„.,..v4°`.. .,'.wrt.. �z�8��+.'� + r'o='' ',�.,,A. i-i'=. � ,t�a+,r+3.*;'iYd�'a< c r -.-, "r,Y�y� tm'. „.wr;tIJ�.M.Ky�t..y�y��'ti�.•y EP-�.��h,su'F�s�[�„ - :.7--. 74"1,,,, -.�..aiyc'° "== rt ors'._.� 7.Zej` 7�fi;,:f--,11 .,......r:j ,�./•°�' .i'1 cat: t 7 V'-.,...r.---,1z.,...-_-.6,...--_.'�Tr F Yt"'�'?Kt :'-_. f'.a."r- 4.'.YCG�LfZ � ASS t Kr J o M. damage structures on the surface of the premises herein conveyed, together with the right of r access at all times to exercise said rights. ri= o J Grantee has been allowed to make a complete visual inspection of the property and has � s 742.' knowledge as to the past use of the property. Based upon this inspection and knowledge, , x t 1 Grantee is aware of the condition of the property and GRANTEE SPECIFICALLY T' metaa ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY IN AN"AS- ` IS WITH ALL FAULTS" BASIS AND THAT GRANTEES IS NOT RELYING ON ANY � arot REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FROM ,*, .ate.. f,;-t, GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the s; � '. physical condition of the property and any defects thereof, the presence of any hazardous °, +s substances,wastes or contaminants in,on or under the property,the condition or existence of an `' ` Y >t of the above ground or underground structures or improvements in,of or under the property,the :, 3' condition of title to the property, and the leases, easements or other agreements affecting the Iii Ti- • ,. property Grantee assumes the risk that hazardous substances and contaminants may be present on -4'j re-* ,'° the property, and indemnifies, holds harmless and hereby waives,releases and discharges forever `� "'''` Y_�rxt 4 7i Grantor from any and all present or future claims or demands, and any and all damages, loss, s t 4; injury, liability, claims or costs, including fines, penalties and judgments, arising from or in any 4 q0..lip 4f.'?i t'.rA r M e way related to the condition of the property or presence of any hazardous substances or 'l t' contaminants in, on or under the property. This indemnity specifically includes the obligation of ,` Grantee to remove,close,remediate,reimburse or take other actions requested or required by any a.: . v ' governmental agency concerning any hazardous substances or contaminants on the property. '..`'i "" As a condition of this deed, Grantee shall, at its sole cost and expense, construct a ; {'' w.„l protective fence a minimum of four(4)feet in height along the Northerly side of the hereinabove s'" 't rtrtttr witi described premises on a line 25 feet from the nearest track centerline as required by Grantor's :„�a local operating personnel. Contact Roadmaster at (503) 967-6754. Grantee shall thereafter y : 1`1 repair, maintain and renew said fence, so as to keep same in good repair at the sole cost of the f'far, • ` Grantee. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN n• .. THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND 7= 4 ..` REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE �"�"�'csyy�}' PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH 4�_y A v THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY -r7• z* ` }� APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST ',- . � FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. _r '-sikw ed . y 0 i',,cne.�ly: .• r:'kk ilNNt yr,..%-.1.�1Mtr. T. z { 1;„,.... ...„.„„ .°. 2 ,- • .=�2� 13 w:,i'r. 4.:iliw.:ii' '`.«i Jti y :9:.b�,� noa: � ....., ..... )i.. .✓,..r. A-N. . wa.,.-.,wrrM-r rvWir- t-:Y ” r ati 7fr gk il .r Z S' ;I l :1?4 vy>�{S ?.41:4i I� :i tj, �7Sr�li4 « ._ 1:.� � ,,,, L+ 7 ,S .+17%x, etvg p dJ? 'r'.vM .. 113 i � �4vit, r 7t 7:54,x1: 4 -- r - .. ,,,..,zit...,,, ✓. f,v• { r� {. , k i (r r p k K iT e' 3nl; ; � 11 �o..', sue T� ;t_y .. '?8� fi1-yar ..1, • E•, p,,,4wr1 ,444 c r;,,v i ,;,- ¢4 ' u ., , ,• '., s I,u.r4e,-rF .� ,r , � ,"� .4.147 k?. , ,ttd L �r L`3 � 1i. „..„7%43.4114, � � A.�'n� v..t. owr„!^-}.. E,b+v,. S> .,,, „..-G 4irl 40.�....,r�f % - �4 l�' •r�,nr ; .. a r L.,-,..m 0'�` 4I.3� �%rsr; ei d ql As � he.t�°« � ' r4 SJ' rY t �� , 14. 1,- 41� r."dyrN r•, c x• 1 .rte y7�r,,7 ' a a1a a i x £ ^ �tT.” ph> t '” .t ' j kt y;• egim"' se" `a a� ' I}x{y � * : s f $ . .kr, i.�,. ,a' r ` l VStL,.e:G:lr.• . 7 --w - r � ' -r �• -E �„y. r � �� f M r d+ is rw LP'�t,,, , rp '•� . ' '•,h 1 Y�.. .;� r' ” "at - - .` � }w 1� •+ 11� C(, ) ms.i ' 4l'.4-41•"•, Y 1 ...1N fiY�4 . To •1 ,..,f;.� N i -- .,t 4 Tj1,.7�M . tiv�, y . o- .l � ;iI ' y„x� 4- !`k eri/ ' � - '„ . } k ,� ,e r� .F �'1yt, .. . s.+ "a Qg<. ,' ` l' t� *-&r :"LWa rt V,�A.A.A.'4 "7n�4att� t ;`..aa7s y i,f'u. °' +.-..' 1a r3-,� k e r,4.4 v-id: 5 4.7 7;Fr. , t e tgF s:,16.°; c<' ,T t 7:-!.T- ',...1-7. rr F' . _"_ o _,''t_' -4' te r' ` ..s , ` —�'�� ! -'•, di ' r•`gi. y.lit T.W‘ %1 .4 .`_ - ray iciasii :la . pris3fe 4#a� y,tY !t � _- 1■ -jt/•-•+,ti j .pcci'-""M^ �, -a�-i -:.: -.4.2•••-•y- r n7 ,. rn.,lL'h ...R.3t-•^ T. :fi `rc-a"t at. :r l'' i r- -. -}r.i' F ..5"�' ��,y y�'..�'- S'e 7JW ...-41.41.c.... ` .. m." .... � �" a -1 v • J : -a „ 7.....1. ..% L+rr. .7'4W`MSI�/ . w � ].:-d fi�.' ..y ', . C.�•jri Z ,(2 7 rj'.ar y „. . i r i y...F.,..,..-; T� "s” . ^" s Y +y ./%7�].•i C1-4. -------3. .1S` 'j c� a . u''!El{'i�t' ,�� L r• �;b 'y � � �i� Sr `3$- L A `f r:.: . ..,. .-�+: r �. . .r� : z� . .e ... �Ys 6 �": :r,. ,, ,� ; • .,• a r •. _ ,Q 70 DATED • THIS day of / ,1996. `d. ..�,; 3 Zr" 4 - BURLINGTON NORTHERN . ' , az RAILROAD COMPANY _ _ R `�; �,. By.D.P, Schneider ;4.,;,:4 s: ti Director Real Estate gf' p',,•"A nt ...•, 1 ,:�r4;t S BY:/2 ctflA. 1G4�1. .. i '''' ,v Margaret 4.Aclin y *-; Assistant Secretary a - STATE OF TEXAS r. tkis r )ss. ��. lit ,�5 COUNTY OF TARRANT ) On this 7 'j day of //�� �yg� ~a 5. 1i Y Az/ iilik,before me personally appeared D.P. I r•,{ll ,�, Schneider and Margaret R. Aclin, who,ibeing duly sworn, each for himself and not one for the `�t`` r••• other, did say that the former is the Director Real Estate and the latter is the Assistant Secretary ;s P "�i r of Burlington Northern Railroad Company, a corporation, and that the seal affixed to the " " foregoing instrument is the corporate seal of said corporation and that said instrument was signed '. s` 4.1.. r and sealed in behalf of said corporation by authority of its Board of Directors;and each of them •' �: W:"'. acknowledged said instrument to be their voluntary act and deed. ix c ' . f.,�'t�. Before me: SOP/ y 0e,h&J #. Y s- if ;. tvr i Notary Public for State of Texas s w »,,: My commission expires: /-/7-x2060 l >fi d,..,.. '7,4.. i_l , EN 11417 Tigard,OR APPROVED `' � X, LEGAL 14.14R i�"rC APPROVED asp - ,.. ...T . FORM $� c r .* 3 APPROVED �� ir�'� � + rSf.+ 4' a ic.fr of �Y Csi'•. r 1. ,,r �.y:.,f ro3'r ,fC.irl ... o ti S.� A7 �i'.nf'�+!r ,. ..,... ,.•r '' ,- .{,nt +, iu ,R , r ,n4...0y R e iff4 p T:t.'ru gP fe v>4`4-N'',�,�..1`'3.:.. ejl1,, `..+ 4 .r t,-,,"y ..(.s. =-" -n `'} t7'• . ragt�i°/4'.wr;q ,f rtgi-c�i i r( 1 isr . M. �-,.� r r 5'i,:i� .,.t �•.t••ras l r,, 134-(tri'1�t rya ''tf x'r, '�,.y., trs Sil`A.s" -�f' V.0.4 etr''3F •F f - 3 Fi�•7-F''''�'9,+- �� i ew T" �x r� ".•t."f .'"JK!y-; us��+-�� •�.rr a M,n•� ,�µ� F'SF t <' i ..� ? � ��F'� 6`��w.. ��, .:g x fi 'Y'� � y� ,�1.•-? 'fir � x ri 3'"rr'y fx*r `• � °j^"r[ .�' -� 't.��' 5 r rte. , rag,ri',tWeit ti 0r Y r "1v.«'ar ai . a E' s ,..ii L, i•r r+•' 7Ei'''�T -�- �;pi37s elgii. -.k��ya „4:- irp��i .sit' ,y ,. ied �` j - . .A�r. e �_{ (#d.1v ..4V a •• s.3 by :i -,,ts t,,r s z, t 44/40/ r'."� alder �• : k r i*• d 'r7" N 7"d �d' •''T,"j...'.°-t' 2.'cYnyY r" ".yj`,3�1 "�r '�"h +a s • aw.y' A- :•.* r. .,,s$j t tS �40. *so- - .. �' i G .ap7'i}Nl� •'l. k h • �,.�i t1�.SY�W^_+ �+��'N( `v i. .y-.,G�'Ti ` �a1�, 'Jr by�y�4 �, 'T/i fin, - r.•-',.114.ci`,. ....k%tf,,,''274rt .MFG' i�,=.'44iiri:.6rei C a I a o ' y•-- s....,'".{ _V i _ Ti-,fF.A �f 0 �1K..7` {, a.". 5. •Y i, •.+` t :4,-.,4•Jam, .. ` ' •y.; ,. r 11.14, (r".. �.. r tl.�X j1X� '~ r ,..• ?3 r''`nsr'�-�£i- i.,,�3 °,� 1� -".. 1i firs_' ...__ .~ �r .e 4k '" .:4-5:sY., "- ,3".... 'Mi..4"7.Uw��/ ��� "ro'�' h d � ,x�•'�G�.� <rr d`7 +µ.�� x?! �,�iAt's '1d'ite �� 1.... w�+`�•�xf $ � �. Te++,_wi "i"i:. VP.Zei- rli�ax`s-1, -.3,. Le t•-;rr s - .._._ - e f !,.y RECEIVED JAN 1 2 2010 CITY OF TIGARD PL.ANNIMTENGINEEMIPIG Narrative for Cool Cats Coffee Cool Cats Coffee wishes to occupy partial space inside 12345 SW Main ST.Tigard, OR which is known as the Tigard Chamber Commerce. Cool Cats coffee will be a drinking and premade eating establishment inside cart, the square footage is 8'x8'/16sgft. Introduction: Who is Cool cats Coffee? Cool Cats Coffee is a small coffee roasting business, owned and operated by Amy& Nader Farhat. Our business has grown so much in one year,that there has been a tremendous demand; from our customers, to open a retail location/coffee shop.The Cool Cats Coffee have been requested by the CEO And the chamber members to revive downtown Tigard and create more foot traffic in area and generate a gathering location for individuals to have business meeting at the Tigard Chamber. We have spent the last year cultivating relationships and a customer base primarily in the Tigard area, mostly due to our very active membership as Tigard Area Chamber members. For us this is very exciting because we have put our hearts&souls into growing this business and have taken it from a passion and love for coffee,to a business that is about serving our local community (Tigard) and providing them with fresh roasted coffee, espresso drinks, pastries, etc.all in an atmosphere that is fun and inviting, that delivers quality, freshness,and above all outstanding customer service. We want to get to know all of our customers on a first name basis;after all, that is what part of being a community is all about. Our Hours of Operation will be: 5:00 AM to 11:30AM Mon—Sat. Our Peak hours will be: 6:00AM - 10:00AM, and then business will slow down and we will start wrapping things up by 11:00am. Evaluation Criteria: 1. An increase is dwelling unit density,or lot coverage for residential development; Does not apply/No,Changes. 2. A change in the ratio or number of different types of dwelling units; Does not apply/No,Changes. 3. A change that requires additional on-site parking in accordance with Chapter 18.765 Does not apply/N o,Changes with downtown limited parking space. 4. A change in the type of and location of commercial or industrial structures as defined by the Uniform Building Code; Does not apply/No,Changes. 5. An increase in the height of the building(s)by more than 20%; Does not apply/No,Changes. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; Does not apply/No,Changes. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; No,Changes.This operation will have a public foot traffic and chambers members with clients. 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 Does not apply/No,Changes. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space are below the minimum required by this code or reduces the open space area by more than 10% Does not apply/ No, Changes. 10. A reduction of project amenities below the minimum established by this code or by more than a. Recreational facilities; b. Screening and/or c. Landscaping provisions Does not apply/No, Changes. 11. A modification of the conditions imposed at the time of site development review approval which is not the subject of B1 through 10above this subsection. In conclusion, per 18.765.030.C,we are a Drinking and premade eating establishment, however there will not be an increased demand on the parking load thru the downtown area, requirements during peak operating hours due to operating hours for Cool Cats Coffee will not overlap with Chambers and downtown area, and therefore this criterion is satisfied. I i 3,, 1 H . >Et1 Q n tp i A . . ID . , _ . . 7 T K 7q A ->c ...' ; 1. .-...,,r, ..,. , / k 0 - 1'u.Z . a 77 r ( `z — r f 0 9 ----I-3s I' -:,— Ki: ill) ).---1-7-- t ---------0 $°411111 NMI -- j _ CITY OF TIGARD Approved.................................. ............................... [ l ^,nditionally Approved..----.--- For only the work as described in: PERMIT NO. ��' `r�" See Letter to: Follow-------------- Attach................... . Jcb Add ss: Date: ..[ 2'—112-- . a. _ c • S T rz_ E.. t_-1'— N. I • ' t • �r n-k.Ic.-r . . - • -- - rt. ;•.i4.,.may.ch. • . - i i } # lI oo! I + —,�- o I �� __ - I -0/1P° . C 111`27 ' 4 's - . tI Gal 1...Q'r 4 . ) 41 407i: `r ,•'''. -...-r, { 'ff:HT: 1007 r .rte ' 1 `i 1 n: """'777... .. - ., - - . . . :�� ` 4 1 /1 AN. S i� S I T ,.L. . _L�_ _J d - _. .. . _ j�A .1...- _ /.. y ..' lik --'—Th - CITY OF TIGARD Aopro�ved ' J - - . -Jnditionally Approved I F�r only the woik fn �n ibMnn RECEIVED J r See letter to: Follow Attach...., ` .►�h 4.�. S:C� JAN 1 2 2010 - Date:4/1-1/./.0 CITY OF TIGARD PLANN1NSIENGINEERING :. �. r. I L i n 11 A-i Q-,>o An sr z1 GE LanL...GA7i ret i o Z 'A it I 4,L.:-.-7' Se ACC f S,a . 60044.11:!iL 1-r-� I II - V --f L �k„4-d is',�J p'2 k-t t-N0-.x_�M � 1 4` t� ,� I ID..,,,e. + ~ I ri.. A_I---j r, f.,,,i_,:, _ ,:_ ,,,.,- ,--- 1 , rs.,...........3/4 1 ,, ....,„,) 1 1 c�,571r1G 1 ,( 3 r......_ ri --u t-eFF2k T�R„L�' o ��= �P�� - o `L:.e. s P49ct✓ may.S i,'n/6 D�A -L.�. oc •LC RECEIVED IA C _ _ . _ `,,, JAN 1 2 2010 REMARKS: Notice — Not for Disclosure Outside of U S WEST and Affiliate ten Agreement Se:CZNIQ 3 AI.\1(1-aw) r)t,1 ...t(.: .5.::;; 1'ir)j _- DESIGNED BY: Nike 12 fAe.tk ti PLANNING/ENGINEEAING -_ \ TELEPHONE : 5 bI `_4.( -5 233 TAPER CODE: NORTH PLAT REF: ISS#: : . ISS DATE: SHb\ OF 4 ,