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MMD2015-00012 MMD2O15 - 00012 PACIFIC CROSSROADS NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00012 119 PACIFIC CROSSROADS TIGARD 120 DAYS =July 30, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: Pacific Crossroads CASE NO.: Minor Modification (MMD) MMD2015-00012 PROPOSAL: The applicant is proposing a minor modification to on-site parking and landscaping at 11705 SW Pacific Highway, in order to accommodate the construction of a new right turn lane on SW 78th Avenue. APPLICANT: Barghausen Consulting Engineers,Inc. Angelo Bologna 18215 72i1 Avenue South Kent,WA 98032 OWNER: Pacific Crossroads Properties,Inc. Greg Close 900 SW 5th Avenue,Suite 2600 Portland,OR 97204 LOCATION: 11705 SW Pacific Highway WCTM 1S136CD,Tax Lot 100 ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where nonconforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. ; MI)2015-00012 1 of3 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Prior to issuance of site and building permits,the applicant shall apply for tree removal permits. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 11705 SW Pacific Highway;north of SW Pacific Highway,south of SW Pfaffle Street, west of SW 78th Avenue, and east of Highway 217. The subject property is an approximately 3.12 acre development site, which includes two commercial buildings, 157 parking spaces, and associated landscaping. Proposal Description: The applicant is proposing a minor modification to on-site parking and landscaping at 11705 SW Pacific Highway, in order to accommodate the construction of a new right turn lane on SW 78th Avenue. Specifically,the applicant proposes to: 1. Remove five (5) parking spaces adjacent to SW 78`' Avenue, and construct seven (7) new parking spaces on-site 2. Remove and replace six(6) street trees adjacent to SW 78th Avenue 3. Remove approximately 750 square feet of landscaping adjacent to SW Pacific Highway, and install approximately 2,210 square feet of new landscaping adjacent to SW 78th Avenue SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a minor modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title;and FINDING: The applicant is proposing a minor modification to on-site parking and landscaping at 11705 SW Pacific Highway,in order to accommodate the construction of a new right turn lane on SW 78th Avenue: 1. The applicant proposes to remove five (5) parking spaces located adjacent to SW 78th Avenue, and to construct seven (7) new parking spaces on-site,which will result in an overall gain of two (2) new parking spaces. Staff reviewed the applicant's narrative and site plan to determine there will be no off-site traffic impacts associated with this change, and there is adequate off-street parking with 159 spaces provided. 2. The applicant proposes to remove six (6) street trees adjacent to SW 78th Avenue. The subject site has approximately 250 feet of linear street frontage along SW 78th Avenue, and is therefore required to have a minimum number of six (6) street trees (250 feet divided by 40 feet) on its east side (TDC 18.745.040.B). Staff reviewed the applicant's narrative and landscaping plan to determine there will be adequate replacement trees, with three (3) existing and three (3) new trees provided. MMD2015-00012 2 of 3 3. The applicant proposes to remove approximately 750 square feet of landscaping adjacent to SW Pacific Highway,and install approximately 2,210 square feet of new landscaping adjacent to SW 78th Avenue. This modification will result in an overall gain of approximately 1,460 square feet of landscaping on-site. Staff reviewed the applicant's narrative and landscaping plan to determine that the proposal meets the minimum 15% landscaping requirement (WC Table 18.520.2). Upon review of the applicant's plans and narrative,staff finds that all other applicable requirements are met.This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do not apply. Therefore,the proposed development is not a major modification.This criterion is met. CONCLUSION: The proposal is a minor modification of existing site development and is in compliance with the applicable requirements of this title. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering Department was sent a copy of the applicant's proposal, and had no objections. SECTION VI. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies 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 APRIL 9, 2015 AND BECOMES EFFECTIVE ON APRIL 10, 2015 Questions If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCSna.tigard-or.gov. April 9 201 APPROVED BY: Lina Smith Assistant Planner MMD2015-00012 3 of 3 RECEIVED City of Tigard ■ . �� COMMUNITY DEVELOPMENT DEPARTMENT MAR 2 5 2015 • r , . T1�AR�: Minor Modification Type I A �►, M1 ' r t.n G PROPOSAL SUMMARY (Brief description) RE IRED SUBMITTAL Modification to on-site landscaping and parking lot area due to right-of- ELEMENTS ��,�i?.r way improvements on S.W. 78th Avenue. Two (2) additional parking Owner's Signature/Written / bon spaces will be added to the on-site parking lot. • 'faf} Tit e Transfer Instrument or Deed an C rata c and one reduced to 8.5"x11'h") �._Xpplicant's Statement/Narrative Property address/location(s): 11705 S.W. Pacific Highway (2 opies)Address criteria in: Tigard, OR 97223 ' • xc 18.360.050.B.1-11 Tax map and tax lot #(s): 1S136CD00100 Filing Fee Site size: 3.12 Acres FOR STAFF USE ONLY Applicant': Angelo Bologna, Barghausen Consulting Engineers. Inc. Case No.: /V( %11/J��s `((X112_ Address: 18215 -72nd Avenue South Related Case No.(s): City/state: Kent, WA Zip: 98032 1Q`" Application Fee: Phone: 425-251-6222 Email: abologna(a barghausen.com Application a ce ted: I lit 40 aalp /�- By: '.--)f Date: J S��D PROPERTY OWNER/DEED HOLDER(S)' ❑ Same as Applicant Name: Pacific Crossroads, Inc. Application determined complete: Address: 900 S.W. 5th Avenue, Suite 2600 By: _ /.—S Date: q-/-13 City/state: Portland, OR Zip: 97204 I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014 Contact name: Greg Close Phone number: 503-595-9685 .When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(13)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review, the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision,solid waste storage,non-conforming situations, signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 R7')A 111A n.ff APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as described on the front of this application in the"Required Submittal Elements"box. 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. SIGN• URES of each ow y er of the subject property required.,30,,,,,6.._ ,,,,,„,5— . ,Applicant's si;��s�1 Print name Date ./te--i20,7 a ceAsc 3/i 7/zo1,s •wner's signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 6324.015.pdf We certify his instrument to be a true Copy a. ecorded if//g'/1-7 Book , age , Fee 4170;5(el1, Records ai _vvL, _ County, Oregon. WHEN RECORDED RETURN TO: CHICAGO TITLE INSURANCE COMPANY Mark Norby By C, cu k A t Q e-s- Stoel Rives LLP Suite 2300 (Space Reserved for Recorder's Use) 900 SW Fifth Avenue ri j v L I C. - Portland, OR 97204 1••� APR.01 Z015 CITY OF TIGARD PLANNING/ENGINEERING STATUTORY WARRANTY DEED TED L.MILLAR, AS TRUSTEE OF THE TED L. MILLAR LIVING TRUST, Grantor, conveys and warrants to PACIFIC CROSSROADS PROPERTIES, INC., an Oregon Corporation, Grantee, the real property in Washington County, Oregon, described on attached Exhibit A, free of encumbrances except as specifically set forth herein. SUBJECT to the matters set forth on attached Exhibit B. The true consideration for this conveyance is $5,273,000. paid to an accommodator pursuant to an IRC Section 1031 exchange. THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this 17 day of April, 197. ff Ted L. Millar, as Trustee of the Ted L. Millar Living Trust STATE OF OREGON ) ss. County of Multnomah) The foregoing was acknowledged before me on this 17 day of April , 1997 by Ted L. Millar, as Trustee of the Ted L. Millar Living Trust. [SEAL] . __-t Notary P 'a is for the State of(Qrregon My commission expires: q p 1 9 Until a change is requested, all tax statements shall be sent to the following address: Pacific Crossroads Properties, Inc., c/o Wyse Investment Services Company, 806 SW Broadway, Suite 700, Portland, OR 97205. EXHIBIT A Order No: 164384 ( LEGAL DESCRIPTION PARCEL I: A tract of land situated in the Southwest quarter of Section 36, Township 1 South, Range 1 West, Willamecce Meridian, City of Tigard, Washington County, Oregon, being described as follows: • Beginning at the re-entrant corner on the West line of the George Richardson Donation Land Claim No. 5S, in Section 36, Township 1 South, Range 1 West. Willamecce Meridian; thence Northerly along the West line of said Richard Donation Land Claim No. 55 a distance of 392.78 feet to a point in the Southerly right of way line of County Road No. 975 (S.W. Pfaffle Street) ; thence South 89°48' East along said Southerly right of way line a distance of 1463.88 feet to an iron pipe on the West line of the Florence Hammer tract as described in Book 117, Page 281, Washington County Deed Records, said point being the true point of beginning of the tract herein to be described; thence South 0°41'11" East along the West line of said Hammer tract a distance of 280.81 feet (South 0°42' East, 281.15 feet per Deed) to an iron pipe in the North line of that tract of land described in Deed to Herbert V. Krause, recorded June 6, 1945 in Book 244, Page 515. Washington County Deed Records; thence continuing South 0°41' 11" East along the West line of said Hammer tract a distance of 0 96 feet; thence North • 89°18' 49" East a distance of 116.32 feet; thence South 0°41' 11" East a distance of 0.96 feet to an iron pipe marking the Northeast corner of said Krause tract; thence South 0°39'21" East along the West line of that tract of land described in Deed to Charles F. Condon and wife by Deed recorded March 13. 1943 in Book 215, Page 637, Deed ( Records of Washington County, a distance of 119.78 feet (South, 119.45 feet per Deed) to a point in the Northerly right of way line of SW Pacific Highway 99-W; thence Northeasterly along said Northerly right of way line the following courses and distances; 31.49 feet along the arc of a 11,389.16 foot radius curve to the left through a central angle of 0°09' 30" (the chord of which bears North 57°38' 33" East. 31.49 feet) ; thence South 32°26' 13" East a distance of 10.00 feet; thence 248 .69 feet along the arc of a 11,399.16 foot radius curve to the left through a central angle of 1°15' 00" (the chord of which bears North 56°56' 17" East, 248 .69 feet) ; thence South 33°41' 13" East a distance of 10.00 feet; thence 38.95 feet along the arc of a 11,409.16 foot radius curve to the left through a central angle of 0°11' 44" (the chord of which bears North 56°12' 55" East, 38.95 feet) to a point in the Westerly right of way line of SW 78th Avenue as described in Fee No. 83 13459, Recorded April 22, 1983, Records of Washington County; thence tracing said Westerly right of way line the following courses and distances; North 34°02' 30" west a distance of 144.41 feet co a point of curvature; thence 107.57 feet along the arc of a 180.00 foot radius curve to the right through a central angle of 34°14'30" (the chord of which bears North 16°55' 15" West. 105.98 feet co a point of tangent; thence North 0°12' 00" East a distance of 21.62 feet to a point in the Southerly right of way line of SW Pfaffle Street (County Road No. 975) ; thence North 89°48' 00" West along said Southerly right of way line a distance of 287.76 feet to the true point of beginning. PARCEL II: A tract of land situated in the Southwest quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, in the County of Washington and 'State of Oregon. Beginning at the re-entrant corner on the West line of the George Richardson Donation Land Claim No. 55, in Section 36, Township 1 South, Range 1 west, Willamette Meridian; thence Northerly along the West line of said Richardson Donation Land Claim No. 55. a distance of 392.78 feet to a point in the Southerly right of way line of County Road EXhibit A Daae 1 of 3. Order No: 164384 ( LEGAL DESCaIPTIDN No. 975 (SW Pfaffle Street) ; thence South 89°48' East along said Southerly right of way line. a distance of 1463.88 feet to an iron pipe an the West line of the Florence Hammer Tract as described in Book 117, Page 281, Washington County Deed Records; thence South 0°41' 11" East along the West line of said Hammer Tract, a distance of 280.81 feet (South.0°42' East, 281.15 feet per Deed) to an iron pipe in the North line of that tract of land described in Deed to Herbert V. Krause. recorded June 6. 1945, in Book 244. Page 515, Washington County Deed Records: thence continuing South 0°41' 11" East along the west line of said Hammer Tract, a distance of 0.96 feet to the true point of beginning of the tract herein to be described; thence North 89°18'49° East. a distance of 116.32 feet; thence South 0°41' 11° East. a distance of 0.96 feet to an iron pipe marking the Northeast corner of said Krause Tract; thence South 0°39'21" East along the West line of that tract of land described in Deed to Charles F. Condon and wife by Deed recorded March 13. 1943 in Book 215, Page 637, Deed Records of Washington County, a distance of 119.78 feet (South, 119.45 feet per Deed) to a point in the Northerly right of way line of SW Pacific Highway 99-W; thence Southwesterly tracing said Northerly right of way line, a distance of 225.23 feet along the arc of a 11.389.16 foot radius curve to the right through a central angle of 1°07'59" (the chord of which bears South 58°17' 17" West, 225.23 feet) to a point which is 70 feet distant Northwesterly from centerline station 46+08.3 of the relocated centerline of Pacific Highway West; thence leaving said Northerly right of way line and running North 2.56' 34° West along the West line of that tract of land that was conveyed to the State of Oregon in Book 184. Page 541. Records of Washington County, a (' distance of 185.08 feet (North 1°42' West, 184.5 feet per Deed) to an iron pipe at the ,lorthwest corner of said State of Oregon Tract; thence South 89°39'55" East along the North line of said State of Oregon Tract, a distance of 42.03 feet; thence leaving said North line and running North 58 012'32" East. a distance of 49.08 feet. to a point in the West line of said Hammer Tract; thence North 0°41' 11" West along said West line, a distance of 27.30 feet to the true point of beginning. PARCEL III: A non-exclusive easement for ingress. egress. parking and utilities for the benefit of Parcels I and II herein. including the terms and provisions therein. as outlined in the Grant and Declaration of Easements, recorded October 30. 1985, in Fee No. 85043387, Records of Washington County. PARCEL IV: • A non-exclusive easement for ingress and egress over the new easement area and for utility purposes under the new easement area for the benefit of Parcels I and II herein as sec forth in Amendment to Agreement for Common Easement recorded August 23, 1994 as in Fee No. 94077512. Records of Washington County, Oregon, described as follows: A tract of land in the Southeast one-quarter of the Southwest one-quarter of Section 36, Township 1 South. Range 1 West of the Willamette Meridian, being more particularly described as follows: Ethibit A Page 2 of 3 Order No: 164384 LZQAL DESCRIPTZOU BEGINNING at a 5/8 inch iron rod with yellow plastic cap inscribed "W. B. Wells" at the Southwest corner of that tract of land described as Parcel II in Deed Document No. 90-31286 recorded at Washington County Deed Records; thence North 60'11'30" East 201.00 feet to a 5/8 inch iron red with yellow plastic cap inscribed "W. B. Wells"; thence South 13°20'54" East 103.51 feet to a point. said point being the true point of beginning; thence North 59°25'48" East. 111.66 feet to a point, said point being South 2°34'00" East 134.83 feet from a 3/4 inch iron pipe: thence South 2°34' 00" East, 34.39 feet to a point: thence South 30°51'50" East, 14.00 feet to a point on the Northwesterly right of way boundary of S.W. Pacific Highway, said paint marking the non-tangent beginning of an 11,389.16 foot radius curve to the right having a central angle of 0"11' 46", a chord bearing of South 59°14' 03° West, and a chord distance of 39.00 feet; thence along said curve to the right and along said right of way boundary, 39.00 feet to a point of non-tangency; thence North 30'40'04" West, 14.50 fet to a point: thence South 59°25'48" West, 65.86 feet to a point, said point being North 13.20' 54• west 15.08 feet from 5/8 inch iron rod with yellow plastic cap inscribed "W. 8. Wells" ; thence North 13°20' 54' West, 31.41 feet to the true point of beginning. Exhibit A Page 3 of 3 EXfIIBIT B TITLE EXCEPTIONS lc Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin Valley Water District. 2, The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. 3" A dedication to the public of a perpetual right of way and easement for street, road and utility purposes, including the terms and provisions therein; Recorded: October 15, 1984 Recorder's Fee No. : 84040597 4. Grant and Declaration of Easements for Access and Parking, including the terms and provisions thereof, Dated: October 29, 1985 Recorded: October 30, 1985 Recorder's Fee No. : 85043387 5, Amendment to Agreement for Common Easement, including the terms and provisions thereof; Dated: August 18, 1994 Recorded: August 23, 1994 Recorder's Fee No. : 94077512 6. Unrecorded Lease, including the terms and provisions thereof, and such other C exceptions as may appear necessary upon the recording thereof; Dated: April 23, 1984 Lessor: Ted L. Millar Living Trust Lessee: Plaid Pantries, Inc. , an Oregon corporation, d/b/a Plaid Pantry Store No. 149 Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 21, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078859 7. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: September 4, 1984 and Amended October 11, 1989 and April 28, 1993 Lessor: Ted L. Millar Living Trust Lessee: Petco Animal Supplies, Inc. , successors in interest to J.A. Machado & Co. , a California corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 22, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078860 Fit .ibit B Page 1 of 4 { 8, Unrecorded Lease, including the terms and provisions thereof, and such ocher exceptions as may appear necessary upon the recording thereof; Dated: September 10, 1984 Lessor: Ted L. Millar Living Trust Lessee: Baskin-Robbins USA Co. , formerly known as Baskin-Robbins, Inc. Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 12, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078861 9' Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: October 5, 1984 Lessor: Ted L. Millar Living Trust Lessee: Tandy Corporation, a Delaware corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 5, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078862 10. Unrecorded Lease, including the terms and provisions thereof, and such ocher exceptions as may appear necessary upon the recording thereof; Dated: November 7, 1984 Lessor: Ted L. Millar Living Trust Lessee: St. Johns Camera Center, Inc. , an Oregon corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 29, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078863 11. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: February 11, 1985 Lessor: Ted L. Millar, as Trustee of the Ted L. Millar Living Trust Lessee: Fabricland, Inc. , an Oregon corporation Disclosed Sy: Subordination, Estoppel and Attornment Agreement Dated: October 3, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078864 12. Unrecorded Lease, including the terms and provisions thereof, and such ocher exceptions as may appear necessary upon the recording thereof; Dated: March 1985 Lessor: Ted L. Millar Living Trust Lessee: Prosser Piano, an Oregon corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 17, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078865 Exhibit H Page 2 of 4 13. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: December 13, 1988 Lessor: Ted L. Millar Living Trust Lessee: Mustafa Elogbi, d/b/a Halal Meats Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 23, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078866 • 14, Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: February 13, 1989 Lessor: Ted L. Millar Living Trust Lessee: Graphic Information Systems, Inc. d/b/a LazerQuick Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 27, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078867 is. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: May 30, 1990 Lessor: Ted L. Millar Living Trust Lessee: Room For Dessert, Inc. Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 18, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078868 16. Unrecorded Lease, including the terms and provisions thereof, and such ocher exceptions as may appear necessary upon the recording thereof; Dated: September 11, 1990 Lessor: Ted L. Millar Living Trust Lessee: RTM Portland, Inc. Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 28, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078869 17. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the- recording thereof; Dated: March 28, 1991 Lessor: Ted L. Millar Living Trust Lessee: HRO, Inc., d/b/a Ham Radio Outlet Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 28, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078870 Exhibit B Page 3 of 4 C 18, Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: September 19, 1991 Lessor: Ted L. Millar Living Trust Lessee: Brent W. Hislop and Claudia Hislop d/b/a Superior Signs Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 24, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078871 • Exhibit B Page 4 of 4 I- t l';:eN1. ;,, I*4?k 1 It..'. •i 4 iii T'11 !dip i X E 2 !lib! ! /"... .a-1* a0 0 Kti VI a 41111 12 .5 7-. • • 0 ton E.4...1 lag i `\, C2 I ..�1P'eE ` ��� i� nu Gl sn ep c F5. v..,,...,,,„ f ``� 9,6 re \. 0 I/....illop, St , ..zg), Aa • Atit 4i , , , 0 lirlirliNkiipillir.:0 Si ) r� os, ♦© 49 '' 0 .p,-, / i till • 0 C' 441111' \‘,.,4ix_\._4tfr) • Oath lio 1111 milik ' a illOP�Q ' .4 6' 4.. `) /,: ,/' / 4' ,// , ,/ / fri , / ...,,/(,,,,,, , ---------_--4//— h .wx m Paw q. Soar 18215 72ND AVENUE 5DD7N .....""- Soar For NV 6324 or 1 KENT.WA 98032 6.....6....._O_ �,. EXISTING. 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EVaMUCa urcR N':EU ERO.TRNx OREGON PLNS°MCSF R NDH�Os M A....TER SOIL SNARES.M LA60MTnx YES FUNCTImMW o.n.o.EOA.PMM LOLL M REPLACED AND/OP CORRECTED 0400 PROVE N KLIAX i M.CLLE NR ND MRRN`AZ VW.OR REDACTION Of MNERwS KOGMO OR NOT MOORED BYCM[°M'PACSOLS REPORT IOPEPAR NEUSS. TM PROPER.0.1 ND UAW.Or Mi PLANT MATERIALS CONR.CTOR TO PROLE.S WORK Pi °NV4E _,. ,r. f TO... P,ILm Oro ENTAILER S�AB6M.NAB CEE RNRMIh/GLWWNEES. .ES(5001wi[ri RECEIVED Project Narrative MAR 2 5 2015 Pacific Crossroads Shopping Center 11705 S.W. Pacific Highway CITY OF TIGARD Tigard, OR 98032 PLANNING/ENGINEERING March, 23 2015 PROJECT DISCRIPTION The project is a minor modification to the existing parking lot to accommodate the construction of a new right turn lane on SW 78th Avenue. Specifically, five (5) parking stalls will be removed along the street frontage, replaced by (4) new parking stalls constructed north of Arby's restaurant and three (3) new spaces constructed in the southwest corner of the parking lot. The shopping center will gain a net total of two (2) new parking spaces, and onsite landscaping will continue to exceed the City's 15 percent landscaping requirement. Construction of the improvements is expected to begin in the summer of 2015 concurrently with the construction of the new right turn lane. FINDINGS The following are findings for approval of the Minor Modification: 18.330.020(B)(2) Major modification of approved or existing conditional use: a) A change in use; Response: No change in use will occur with the proposed improvements. b) A 10% increase in dwelling unit density; Response: Not applicable. c) A change in the type and/or location of access ways and parking area where off-site traffic would be affected; Response: The proposed modifications are to accommodate the construction of a new right turn lane on SW 78th Avenue. The modifications are minor in nature, comprising a small portion of the overall parking lot and minimal change to the existing access ways. d) An increase in the floor area proposed for nonresidential use by more than 10% where previously specified; Response: No change is proposed to the floor area inside the shopping center. e) A reduction of more than 10% of the area reserved for common open space and/or usable open space; Response: The proposed modifications will not reduce common open space by more than 10 percent. t) A reduction of specified setback requirements by more than 20%; Response: No reduction to the setback requirements is proposed. g) An elimination of project amenities by more than 10% where previously specified provided...; Response: The project will reconfigure existing landscaping and parking areas and will not eliminate shopping center amenities. h) A 10% increase in the approved density; Response: No increase in density is proposed. 18.360.050.B.1-11 — Major Modification(s) to Approved Plans or Existing Development: 1. An increase in dwelling unit density, or lot coverage for residential development; Response: Not applicable. 2. A change in the ratio or number of different types of dwelling units; Response: Not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Response: Not applicable. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Response: No change is proposed to the type of commercial structures on the site. 5. An increase in the height of the building(s) by more than 20%; Response: No change to the building height is proposed. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; Response: No change to the location of the access ways and parking areas is proposed other than the minor changes needed to accommodate the construction of the new right turn lane on SW 78th Avenue. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Response: No increase in vehicular traffic is anticipated. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansion under 5,000 square feet; Response: No change to the existing floor area is proposed. 9. A reduction in the area reserved for common open 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%; Response: No reduction to the common open space below the minimum code requirement is proposed. 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan; Response: No change to the project amenities is proposed. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of paragraphs 1 through 10 of this subsection. Response: No modification to the conditions imposed is proposed. CONCLUSION The proposed improvements are limited to the minimum amount necessary to to accommodate the construction a southbound right turn lane on Southwest 78th Avenue. Approval of the Minor Modification is justified because the improvements constitute less than a 10 percent change to the shopping center's site plan and floor area. ADDITIONAL DOCUMENTS c HAS S EGENNED CIVIL ENGINEERING LA R E N m � 2 MAR 2 5 2015 2 sG ,; ' . March 23, 2015 CITY OF TIGARD <THG ENG041 STANDARD FEDERAL EXPRESS-ANNING/ENGINEERING (704) 336-5430 City of Tigard Community Development Department Planning Division 13125 S.W. Hall Boulevard Tigard, OR 97223 RE: Minor Modification Application Pacific Crossroads Shopping Center 11705 S.W. Pacific Highway, Tigard OR 97223 Our Job No. 6324 On behalf of our client Pacific Crossroads LLC, Barghausen Consulting Engineers, Inc. is submitting the enclosed documentation for the Pacific Crossroads Shopping Center located at the address noted above. The project is a minor modification of the existing parking lot to accommodate the construction of a new right turn lane on S.W. 78th Avenue. Specifically, five (5) parking stalls will be removed along the street frontage, replaced by four (4) new parking stalls constructed north of Arby's restaurant, and three (3) new spaces constructed in the southwest corner of the parking lot. The shopping center will gain a net total of two (2) new parking spaces, and on-site landscaping will continue to exceed the City's 15 percent landscaping requirement. Construction of the improvements is expected to begin in the summer of 2015 concurrently with the construction of the new right turn lane. Enclosed are the following items for your review and file: 1. One (1) completed and signed Minor Modification —Type I Application 2. One (1) check in the amount of$701.00 3. Two (2) copies of the Project Narrative 4. Two (2) full-size and one (1) 8.5- by 11-inch copies of the Site Plan prepared by Barghausen Consulting Engineers, Inc. dated March 20, 2015 5. Two (2) full-size and one (1) 8.5- by 11-inch copies of the Landscape Plans prepared by The LAstudio, LLC, dated March 20, 2015 Should you have any questions, please contact me at (425) 251-6222 or abologna @barghausen.com. Thank you for your prompt attention to this matter. Respectfully, C y... Angelo A. Bologna Project Planner MAI/rg 6324c.031.doc enc: As Noted cc: David H Rogers, Costco Wholesale Greg V. Close, Wyse Investment Services Company (email w/enc) Jay S. Grubb, Barghausen Consulting Engineers, Inc. Chris S. Ferko, Barghausen Consulting Engineers, Inc. Chris M. Tebaldi, Barghausen Consulting Engineers, Inc. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6222 (425)251-8782 FAX BRANCH OFFICES • TUMWATER, WA • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com Lina Chung Smith From: Lina Chung Smith Sent: Wednesday, April 01, 2015 3:46 PM To: 'Angelo Bologna' Subject: RE: Minor Modification for 11705 SW Pacific Hwy Thank you Angelo. Your application is now determined to be complete. We should have a decision for you within 10 business days. Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:J,inaCS aatigard-or.gov From: Angelo Bologna [mailto:abologna @barghausen.com] Sent: Wednesday, April 01, 2015 3:24 PM To: Lina Chung Smith Subject: RE: Minor Modification for 11705 SW Pacific Hwy Lina, Enclosed is a copy of the Pacific Crossroads Vesting Deed. ANGELO A.BOLOGNA,LEED GREEN Assoc. PROJECT PLANNER BARGHAUSEN CONSULTING ENGINEERS,INC. DIRECT I 425.656.7447-OFFICE 1 425.251.6222-CELLS 909.762.8102 http://www.barghausen.com From: Lina Chung Smith [mailto:LinaCS @tigard-or.gov] Sent: Monday, March 30, 2015 3:30 PM To: Angelo Bologna Subject: Minor Modification for 11705 SW Pacific Hwy Dear Angelo, I've been assigned your Minor Modification for 11705 SW Pacific Hwy. Could you please send me a copy of the title transfer instrument or deed for this property? Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: I AnaCS@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail 1 may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 Lina Chung Smith From: Greg Berry Sent: Thursday, April 09, 2015 3:22 PM To: Lina Chung Smith Subject: Arby's MMD 2015 - 0012 Follow Up Flag: Follow up Flag Status: Completed The Engineering Division has no comments. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1