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MMD2002-00003 E1flfYJ SSELIIdXEL £ OOOOZOOZUJ'\TJ'\T February 25, 2002 " 10 11.� CITY OF TIGARD S.M. Anderson C231C1 OREGON PO Box 5003 Portland, OR 97208 Dear Mr. Anderson: This letter is in response to your request for Minor Modification (MMD2002-00003) approval to demolish an existing 672 square foot Express Lube building located at 11290 SW Bull Mountain Road, WCTM 2S 110AC, Tax Lot 01101. Section 18.330.020.B.2 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Additional on-site parking is not required as a result of this proposal. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the type of the building is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The building height will not be increased as a result of this proposal. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request will not require a change in accessways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This modification will not generate more than 100 additional vehicle trips per day. Therefore, this criterion does not apply. 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 calls for the demolition of an existing structure. Therefore, this standard does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 Page 1 of 2 l or reduces the open space areas by more than ten percent. The modification will not affect landscaping or open space. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The addition will not reduce project amenities. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. The modification will not impact any of the conditions of approval (SDR97-00004). THIS REQUEST HAS BEEN APPROVED. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR APPLICATION FOR DEMOLITION TO THE BUILDING DEPARTMENT. This request is determined to be a minor modification to an existing Site Development approval. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 388. Sincerely, ‘rte121/ 1‹.‘/41' Brad Kilby Associate Planner See File: SDR97-00004 Page 2 of 2 • - t MINOR MODIFICATION • . 1!�±� TYPE I APPLICATION RECEIVED PLANNING CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION FEB 1 9 2002 �� &a, /1-6.1-- /� J CITY CV!RGARD Property Address/Location(s):// � � f'( / LC4I 60/' FOR STAFF USE ONLY Tax ap & Tax Lot#(s): Case No.(s): v4 rt4 O Z_vo Z -(10003 Site Size: ether Case No.(s): Applicant*: 5 1/YI' " __ � //u /Receipt No.: Zoo Z -00 &(3 Address: PLC get 5-C>0 3 Application Accepted By: ,��� City/State: �0 �-� ©� �7�v� _ 'Lll% p Primary Contact:. /C -� �6.-e'-d"'-� _ Date: (o Phone 503.- ��5 - 7/18 Fa; `jO3 2g -L55 Property Owner/Deed Holder(s)*: (Attach more than one) Date Determined Complete: 44 G Rev.3/5/2001 i:\curpin\masters\revised\minormod.mst 7/L. Add ss: .3 po /v /i e Ph g-6 3 -2 25-4'2,2-3 City/State: Q Zip: y 7,2._ /O * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS authorization from the owner or an agent of the owner. The owner(s) (Note: applications will ma be accepted must sign this application in the space provided on the back of this without the required submittal elements) form or submit a written authorization with this application. PROPOSAL SUMMARY E=1 Application Form The owners of record of the subject property request permission for a Owner's Si nature/V1lritten Authorization Minor Modification. To review a modification as a Minor g Modification, the Director must first find that the expansion does not Title Transfer Instrument or Deed I6' invoke one or more of the 11 criteria discussed within Section (�wC�9 18.120.070(B) of the Tigard Development Code. If the modification .0 Site Development Plan (3 copies) exceeds the maximum allowed under any one or more of the following criteria, a Major Modification review is required. Major --\111 Site/Plot Plan (reduced 8'h"x 11") Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please address the Applicant's Statement (3 copies) criteria below contained in Section 18.360.050(B) including a detailed (Addressing Criteria Under Section 18.360.050(B) response to each criteria. I l Filing Fee (City) $100.00 I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. S. An increase in the height of the building(s) by more than 20%. In addition, the Director must find that the 6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying affected. standards of the applicable zoning district. To ' 1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal vehides per day. must include a discussion indicating how the 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding site expansion will continue to comply with the expansions under 5,000 square feet. minimum setback, building height, parking land 9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other applicable open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision T—?' than ten percent. areas near driveways and street intersections A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) may also be applicable depending on where below the minimum established by this code or by more than 10%where specified in the site plan. the building expansion is proposed to be I. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site. the subject of Criteria I through 10 above. r • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this U day of .7*/XZ .20 Q /5". / / • ••n s Si• ;at re '� , Owner's Signature fir Owner's Signature Owner's Signature FEB. 13. 2002 1:23PM EQUiVA NU. 449[- r, 1 ©•rY mem Pa.elf—WARRANTT MR Oravk tea e.Ce•--N). ••a�LAN r, `WO-44028 _ •i,9 OK ✓ WARRANTY DM �"- r/B�M CaRM s ; r 1 11 KNOW ALL MEN BY THESE PRESENTS,Thaf. {'..c.... KS-Tt1C,., s..cAlifgma.cozp aCivn,.. , b hereinafter called the grantor,for the consideration hereinafter stated,to grantor paid by..TF1(AC37.REFItatla.A110 hl9 rlic..RKta..4..DOENVe..0 Fati,GP ,hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns,that certain real property,with the tenements,heteiitamants and appurtenances thereunto belonging or ap- pertaining,situated in the County of. ..HaSh7.rgtetl and State of Oregon,described as follows,to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCERPORATED HEREIN BY THIS REFERENCE. • I 4 ,�,{ y�Y N SN:NGTON COUNTY leas_ -� .w 1 REAL pre OPERTY TRANSFER rase iP it l� I Ae7oo 1-41/-90 Zt FEE PA:O 0:.:c 9 n V. RP SPACE IeaUPtIO Drs,CONTINUE DESCRIPTION ON IEVEUSI SIDFI To Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs,successors and assigns,that grantor is lawfully seized in fee simple of the above granted premises,free from all encumbrances save and except those encurbrances set forth in Exhibit "Al I' and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and domande of all persons whomsoever,except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer,stated in terms of dollars,is$2b6,09U.J0........ .... Wi tiit4dt&CXfldiXsgILOill( esS KM(Ireinlieliii XdFX&Xiliniie4Mt/Li Xr*IIP MgX&XJ 11.1eXgFifaadii-X rguthird(IEtkR)fK Axmodeu SibiiitetYffd6X(YdfliclideXial smuix,iax n111iducaut Ydix&xxxxxxsXxYduYYaaelLNY.lgklIXatt0( In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply'quietly to con ations and to individuals. In Witness Whereof,the grantor has executed this instrument this/ day of ... ALIg st _._ _,19.90..; if a corporate grantor,it has caused its name to be signed and seal affixed by its officers,duly authorised thereto by order of its board of directors. •hi'a� C. WYA1'1 ., a rni COrporation p�, . .... THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE. -Nr' """""""'--"""" SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND - lY ' ' • Doyle, Presi t USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING Iv, .0, .. .- .....„„-...»«.._ _ •••• THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE `r- P. e, •. -Cary PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. • •• STATE OF OREGON, ...... ... County of p Rhea ea_llflierly_?clas»d DDy]e ................... _........and each for hleself and net one tor ebs other,did say that the former is the Par.o.&l'appeSted the above named .........._.._...... ...........................__._.__..._...__._.............Pryrdenl and that tha latter is the .--.................................._.........._...._..__......,........__._...._.. secretary of ,•tri!`.!4•.:..11: 'gtta... -._...........,.......« ......__...__..._... TIC.. v,15, ,)t'aet 'a ........................and acknowledged the loredoind ie.trw ANt that the seal atds.d to the'foregoing Iratrooae�(`r;.tlN t 14 apt ar,.ot fa be.,....._...._..._......... ....voluntary act and deed. of said corporation and tini said i lsomment',P.ay�i s►a `i( half of • torpor lion setnpr(ty of its t. ah t.i•'i the. •r dg w rest/rlir,5ant to be rts.;o itety eta sal 1,1 Ep asters arse' 9 qi ' /ylI m” -.. ',i1'�� ?OFFd�,f}E SEAL) - •' �. t Notary anI ,u for moires: r• Public for Oregon t�iti My commission aspires: Any oommisaton&rakes: T1il/ ,'•,� i d.1et4.., II Robert C. Wyatt, Inc. „ . STATE OP OREGON, c/n Mi chisel G., f l ACtO P.O_ Box b61 __ _,,,,_ _- — County of Albany, CR 91311ANTaa'a eeie Oleo Aooasw I certify that the within iretru ' Una) �. Heiiakirl�Inc. went was received for record on the c/o Michael L. &snitz _-._...�.�_..__....._._._, .,,----'- ---- - ._.....day d.._...............__.._...._.,19...._„ 10 lktiversal City Plaza ' j ��e��y(,ep�, -_....._._-.._....�.. at r� /o doilt_..Jlf.,and recorded t ivv8il1 Ci�F"41re91Ki�AND A.eeue ecco. OM.V.. in boon/reel/volume No................-....on Mier mai.Eriam W.�ifi�- 101Ip�I1f1.. L Imo. ace.ea,.••Usr Page or as lee/oile/inetru- moat/microfilm/reception No...._..._....., _48_04icheal_L(._Krenit;,.____._.___--____._.,_,...._..r..,._. Record of Deeds of said county. .14_lh]ivS.ra.a.L_Qily_kl.aa___ _- -__ — Witness my hand and self of WWI•ava.r,wp.rr .PI NI,Q NwINN r welt le.PIP Pp We wl.viaa walla.«, ' County affixed. Texaco Ba,init3&_and thanked _...---------_-,,.. _ , r G V Q }1QJWi 1- ,15.3nitz_ ...._,—_.... NAME TITLE ]�Up ye;Sal City Plaza — -- 1- Universal City, CA NIltetsmm.n BY-•._.__...._----•-•--.._...-_..__...Deputy -....-7.-- REAL PRCP XXT ERTI TAX ACNI SERIAL NL BER 489689, MAP NUMBER 2S110AC-011CX) 8-go". 1 • FEB. 13. 2002 1 :23PM EQUIVA N0. 4492 P. 3 E X H I B I T " A " That portion of the Northeast quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Commencing at the intersection of the Southerly margin of S.W. Bull Mountain Road with the Westerly right-of-way of S.W. Pacific Highway (State Highway 99-W) ; thence South 12°02' 17" East along said right-of-way 3.00 feet to a point 33.00 feet Southerly of, when measured perpendicular to, the centerline of said S.W. Bull Mountain Road and the true point of beginning; thence continuing South 12°02' 17" East along said right-of-way 40.28 feet to the beginning of a 105.00 foot radius curve to the right; thence Southerly along said curve and right-of-way 79.24 feet; thence South 31°12 ' 12" West along said right-of-way 215.00 feet; thence North 58.47 '48" West 56.80 feet; thence North 11°59'30" West 230. 10 feet to a point on a line which is 33.00 feet Southerly of, when measured perpendicular to, the centerline of said S.W. Bull Mountain Road; thence North 78°00'30" East along said line 217.00 feet to the true point of beginning. Subject to the following: 1. The herein described premises are within and subject to the statutory power of assessment of UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, OREGON. 2. Limited access as set forth in deed from J.V. CHANDLER ET AL to the State of Oregon, by and through its State Highway Commission, recorded June 21, 1952, in Book 334, Page 56, over and across the herein described property, which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provided for, shall attach to the abutting property. 3. Rights of the public and governmental agencies in and to any portion of said land included within the boundaries of ROADS, STREETS AND HIGHWAYS. Together with a perpetual non-exclusive easement to be used for ingress and egress to, the above described real property as more fully described in that certain Agreement for Perpetual Easement dated and executed on August 16, 1990, by and between Robert C. Wyatt, Inc. , a California corporation, and Texaco Refining and Marketing Inc. , a Delaware corporation. The 1 - EXHIBIT "A" EXHIBIT ea PAGE ` OF FEB. 13. 2002 1 : 24PM EQUIVA NO. 4492 P. 4 easement described in said agreement for perpetual easement is appurtenant to the above described real property and shall run with the land and is described more fully as follows: SEE EXHIBIT "A-1" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. Said easement described in Exhibit "A-1" is a burden upon and encumbers the following described real property which is retained and owned by Robert C. Wyatt, Inc. , and adjacent to the above described property hereby sold to Texaco Refining and Marketing Inc. , to-wit: SEE EXHIBIT "A-2" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. [rke:dally:wyatt.la,:09-16-90) 2 - EXHIBIT "A" EXHIBIT PAGE _O FEB. 112002 1 : 24PM EQUIVA NO. 4492 P. 5 E X H I B I T . - � brass TASBff2W THAT PORTION OP THE NORTHEAST QUARTER OF SACTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WIST, R.M., WASHINGTON COUNTY, OREGON DESCRLEED AS IOLLOWSi COHNENCINO AT THE INTERSECTION or THr SOUTHERLY MAARozN or s.w. BULL MOUNTAIN ROAD AS IT EXISTS 30.00 PET SOUTHERLY OP, WHEN MEASURED PERPENDICULAR TO, THE CENTERLINE OF SAID S.K. BULL MOUNTAIN ROAD WITH THE WESTERLY RIGHT-OP-WAY LIME OP S.W. PACIFIC HIGHWAY (STATE HIGHWAY 99-W); THENCE SOUTH 78•00'30" WEST ALONG SAID SOUTHERLY MARGIN OP S.W. BULL MOUNTAIN ROAD 217.00 BEET TO THE TRUE POINT OP BEGINNING; THENCE SOUTH 11.•59'30" EAST 60.00 PEET; THENCE NORTH S6'59'30' wEST 84.95 FEET TO SAID SOUTHERLY MARGIN OF S.W. BULL MOUNTAIN ROAD; THENCE NORTIJ 78°00'30" EAST ALONG SAID SOUTHERLY MARGIN 60.00 TEEM TO THE TRUE POINT OP BLGX NI$G. EXHIBIT--- PP,GF ___L__OF � --� ________ , V .c. \ py , 20 u. 0 '9 -- 'p Q O . i ....---' 1...(6\ 7 I CO w .2 :1 \ Z CD a - - . rs z - ASPHALT EPAI R1C• DITION 3 �' � f.is.:0�' a �' i --)-- g:; • `t� `sue as lit / / SHOP E /t pP °LftlF o A CC'e"S s�"A S`oP a wo '40 �la . zoo. / . ti .E • r m' h r A_G',/ 7EX CO n - 0$ ' -. ,O' T/GARD/ O.'EG2 hl O w u - n 1 .f,Q�+/ M . 87/06 . 45- �` ►� • Doti• • - J .4S /rel P : N g b Z l - A Y - 1 _T Q ° a I SET 5l8"IRON ROD �~ ' /0 ,,,;i b400:70' 'D J WITH YELLOW La .P 3t/_ '�.'o�' _. --r- - _ �A P�L�S.lItLB Zl�_ <7idos e/ v hi,_„. - 0 - 4.-- 24.68 ---_I "TYPICAL" `� a ..,_ • • - . - I • ' S.w BULL /`'1 T. ■iPDAD fi'I ./ GUARD FEB, 13. 2002 1 :24PM EQUIVA Na 4492 r. r E X H I B I T " A -2" A portion of the Northeast Ouarter of Section 10, T2S, R1W, W.M. , in the City of Tigard, Washington County, Oregon, described as follows: Beginning at a point on the west boundary of the West Side Highway which beginning point is N 89°27' East 447. 7 feet and North 13°42 ' East 427.1 feet from an iron at the center of Section 10, T2s, RIW, W.M. , Washington County, Oregon, and running thence South 89°27 ' West 277.0 feet to an iron; thence North 0°02 ' west 651 . 5 feet to a point in the center of Bull Mt. Road; thence along center of said road North 78°17 ' East 215 feet to the true point of beginning of the tract to be described; thence South 11 °43 ' East 365 feet; thence South 58°30 ' East 141 feet, more or less, to the westerly boundary of S.W. Pacific Highway; thence North 31 °30 ' Fast along said boundary 625 feet , more or less, to its intersection with the center line of Bull Mt. Road; thence South 78°17 ' west 530 feet, more or less, to the true point of beginning. SUBJECT TO easements , conditions and restrictions of public record, rights of the public in any portion within roads and highways , limitations of access in deed of record in Book 334, Page 56, Washington County, Oregon, Deed Records. Save and except for the following described real property sold and conveyed by Robert C. Wyatt, Inc. , a California corporation, to Texaco Refining and Marketing Inc. , a Delaware corporation, as evidenced by a certain Warranty Deed dated and executed August 16, 1990, to-wit: FXtfiSIT 11 PC Gc __1__OF I FEB. 13. 2002 1 : 24PM EQU1VA N0. 4492 P. B That portion of the Northeast quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Commencing at the intersection of the Southerly margin of S.W. Bull Mountain Road with the Westerly right-of-way of S.W. Pacific Highway (State Highway 99-W); thence South 12'02' 17" East along said right-of-way 3.00 feet to a point 33.00 feet Southerly of, when measured perpendicular to, the centerline of said S.W. Bull Mountain Road and the true point of beginning; thence continuing South 12'02'17" East along said right-of-Way 40.28 feet to the beginning of a 105.00 foot radius curve to the right; thence Southerly along said curve and right-of-way 79.24 feet; thence South 31°12 ' 12" West along said right-of-way 215.00 feet; thence North 58°47'48" West 56.80 feet; thence North 11°59 '30" west 230. 10 feet to a point on a line which is 33.00 feet Southerly of, when measured perpendicular to, the centerline of said S.W. Bull Mountain Road; thence North 78°00'30" East along said line 217.00 feet to the true point of beginning. Subject to the following: 1 . The herein described premises are within and subject to the statutory power of assessment of UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, OREGON. 2. Limited access as set forth in deed from J.V. CHANDLER ET AL to the State of Oregon, by and through its State Highway Commission, recorded June 21, 1952, in Book 334, Page 56, over and across the herein described property, which provides that no right of easement or right of access to, from or across the State Highway, other than expressly provided for, shall attach to the abutting property. 3. Rights of the public and governmental agencies in and to any portion of said land included within the boundaries of ROADS, STREETS AND HIGHWAYS. 3 / EQUILON ENTERPRISES L L C Shell&Texaco Working Together February 12, 2002 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97229 Reference: 11290 Bull Mountain Rd Tigard, OR Subject: Minor Modification Type I Application We the owners of the subject property herein make application for a minor modification to demolish the vacant building at 11290 Bull Mountain Road, known as the Havoline Express Lube Building and return the area to paved parking area. The building is approximately 24 x 28, 672 SF one story, and hereby meets the criteria in Section 18.360.050(B) as follows: 1. Not a dwelling unit—no increase, not a dwelling unit. 2. No change, not a dwelling unit. 3. Additional on site parking not required. 4. Type of building not changed. 5. No increase in building height. 6. No change in the type or location of access ways or parking areas that off site would beg affected by. 7. No increase in traffic expected. 8. No increase in floor area building to be demolished and removed. 9. No reduction or open space. 10. No reduction in project amenities. 11. Applies. Regards, State of Oregon County of Washin•- on t Daniel P. Moran Sales Manager ary P .lic OFFICIAL SEAL �� CAROLYN MONTIGUE • NOTARY PUBLIC-OREGON () COMMISSION NO.339769 �) 10550 SW Allen Blvd.,Ste. 113 `������~~^`~��� Beaverton,OR 97005