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MMD2015-00007 MMD2O15 - 00007 KARBALA LLC NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00007 s $11i1 KARBALA, LLC T I G A R D 120 DAYS =June 19, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: Karbala, LLC CASE NO.: Minor Modification (MMD) MMD2015-00007 PROPOSAL: The applicant is proposing a change of use for a property located at 13075 SW Pacific Highway. The space, approximately 1,367 square feet in size, is changing from a motor vehicle sales and servicing use to an eating and drinking establishment use,Qush Hookah Lounge. APPLICANT: Karbala,LLC Mohammed Albaiaty 13075 SW Pacific Highway Tigard,OR 97223 OWNER: SZ Investments,LLC J. Guadalupe Sanchez and Blanca E. Zavala 13050 SW Pacific Highway Tigard,OR 97223 LOCATION: 13075 SW Pacific Highway WCTM 2S102BD,Tax Lot 3200 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. MMD2015-00007 I of 3 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 13075 SW Pacific Highway; north of SW Pacific Highway, south of Charles F. Tigard Elementary School, west of SW Walnut Street, and east of SW School Street. The subject property is an approximately 1,367 square foot building.The 0.18 acre site is made up of one parcel and contains one commercial building,landscaping,and associated parking. Proposal Description: The applicant is proposing a change of use for a property located at 13075 SW Pacific Highway. The space, approximately 1,367 square feet in size,is changing from a motor vehicle sales and servicing use to an eating and drinking establishment use,Qush Hookah Lounge. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: The proposed change in use requires a Minor Modification to approved plans or existing development. 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: Because the applicant has only proposed a change of use, which primarily affects off- street parking regulations, that is the main focus of the review. The change of use is from a motor vehicle sales and serving use to an eating and drinking establishment use. Based on off-street vehicle parking calculations (TDC 'fable 18.765.2), the existing use requires four parking spaces (2.0/1,000 square feet, but no less than 4.0), whereas the proposed use requires twelve regular parking spaces (9.0/1,000 square feet), and one ADA accessible space. Accordingly, the proposed change of use will increase the minimum off-street vehicle parking requirement for the property. The site currently provides five regular spaces and one ADA accessible space. In order to meet the parking requirement, the applicant has entered into a joint parking use arrangement (11)C I8.765.030.C) with neighboring Midas Auto Service, located at 13055 SW Pacific Highway (WTCM 2S102BD, Tax Lot 3100). Staff reviewed the joint parking use arrangement, peak hours of operation for the two businesses, and a site plan of the joint parking facility. Staff finds that the hours of operation for the two businesses do not overlay, and there is adequate off-street parking, with twelve regular spaces and one ADA accessible space provided. Upon review of the proposal'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. M7I1)2015-00007 2 of 3 1 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 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 FEBRUARY 19, 2015 AND BECOMES EFFECTIVE ON FEBRUARY 20, 2015 Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS( tigard-or.gov. ---ti- February 19.2015 APPROVED BY: Lina Smith Assistant Planner MMD2015-00007 3 of 3 City of Tigard RE CEIVED • 'U COMMUNITY DEVELOPMENT DEPARTMENT Minor Modification Type I A Iic'ation TIGARD T1f�A�,Q clootp I PROPOSAL SUMMARY (Brief description) P N A GIENGINEt" Tb OPENI A RETAIL gMOk-ESt�OP AND I4-flOk.A14 REQUIRED SUBMITTAL ELEMENTS LOUNGE . CNANtiE THE cueiZEnre ap6skricAnow TO EATrNG AND DitINkiMi IN AcLawfrAcE. Atrtheriemien WITH clrY REGULATIONS. ATIONS. d Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2") Property address/location(s): 15015 NOM I+'4'/�pgl;�°"�'SLaLC111C111/NaLr2trvc ss-exit fia�a: Ti&iAle.a ore 1'7223 C t8.36fteGO.B.H1 Tax map and tax lot #(s): 2S102�D 1 3200 Filing Fee Site size: $15 L 8 F [ oRAti,�'1:11� 1n[ SE ONIX Applicant*: KAR.BALA �� Case No.: // ,✓ 7/5 opWG 7 Address: 13075 5■ PACIFIC rHWY �73 Related Case No.(s): City/state: TI CIP RD OK Zip: / Phone:(g 11)217.r'0(DI Email: MONAMNEC€c i 4I4O0kA14.COM Application Fee: /Qd 141,HAMM E U RL j3 A i h Tr c1 7'I II Application a cepted: ,04/ z 1) f PROPERTY OWNER/DEED HOLDER(S)* 111 Same as Applicant By: J Date:(7` J Name: Si I, ,VESTMENTSU1C. Application determined complete: p� Address: 13050 5W^PAS WI G HWY By: LS S Date: l—I s City/state: WIRD O1'` Zip: 417223 3 I:\CURPLN\Mastas\Land Use Applications Rev.11/24/2014 Contact name: LUPE 3ANC.HEZ Phonenumber: (001I0•01I5 *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(B)(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 • 1 I 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 orimposed 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. SIGNATU h owner of the subject property required. -�_ MOHAMMED AL 6A IArV 2 . 12. 15 Applicant's s' ture Print name Date ,, /% i1/il i .T- ,obi 1k (42 2--/ a-7,5.7.--- -7,5 Owner 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 • Washington County,Oregon 2008-096295 12/02/2008 03:21:23 PM D-OW Cost Stnaia 0 HOFFMAN $20.00$5.00$11.00$240.00•Total a$276.00 1 ` ` « f, THIS SPACE RESER' 01310475200800962950040042 I,Richard Hobemlcht,Director of Assessment and ,�• Taxation and Ex-Officio County Clerk for Washington . County,Oregon,do hereby certify that the withinA:, Instrument of wilting was received and re orded in the 761 .40 book of nco ds of said aoupty. O Richard Hobemicht,Director of A mint and `•!,7�•t;+y n wA1 Taxation,Esdfflcio County Clerk After recording return to: J. Guadalupe Sanchez and Blanca E. Zavala 13075 SW Pacific Hwy. Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: J. Guadalupe Sanchez and Blanca E. Zavala 13075 SW Pacific Hwy. Tigard, OR 97223 File No.: 1032-1310868 (SMD) Date: November 25, 2008 JNl STATUTORY WARRANTY DEED Gary Shuler, Grantor, conveys and warrants to J. Guadalupe Sanchez and Blanca E. Zavala as 0 tenants by the entirety , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. 0 Subject to: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in o.; the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $240,000.00. (Here comply with requirements of ORS 93.030) L a�.s _t� 'tI1).i1-,%4 . WASHINGTON COUNTY REAL PROPERTY TRANSFER T FEE PAID DATE Page 1 of 4 APN: R464642 Statutory Warranty Deed File No.: 1032-1310868(SMD) -continued Date: 11/25/2008 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195- 336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336 AND SECTIONS S55�TO 11, OF CHAPTER 424, OREGON LAWS 2007. Dated this �' '� 1 )Jay of 1&)O1A1( R iz , 20 tg . , , �/`� t IOL TOJ VW S3HIdx3 NOISSIWWOO AUM ary Shuler O03do ooi enldsA Y1ON / 1 NOSNIX3IO w 3NNYZns =: Tf3S lVIDIddO ''�i.� STATE OF Oregon )ss. County of Yamhill This instrument was acknowledged before me on this lay of !v , 20 00 by Gary Shuler. ieValii-itt O :à' tv Suzanne M. Dickinson Notary Public for Oregon My commission expires: May 9, 2011 Page 2 of 4 APN R464642 Statutory Warranty Deed File No.: 1032-1310868(SMD) -continued Date: 11/25/2008 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: BEGINNING AT THE SOUTH CORNER OF LOT 35, ON TAYLOR'S FERRY ROAD IN NORTH TIGARDVILLE ADDITION ACCORDING TO THE DULY RECORDED PLAT OF SAID ADDITION ON RECORD IN THE OFFICE OF THE RECORDER OF CONVEYANCES FOR WASHINGTON COUNTY, OREGON; RUNNING THENCE NORTHWESTERLY ON A LINE BETWEEN LOT 35 AND SCHOLL LOT 150 FEET; THENCE AT RIGHT ANGLES TO SAID LINE 40 FEET; THENCE SOUTHEASTERLY AND PARALLEL TO SAID LINE 150 FEET TO TAYLOR'S FERRY ROAD, THENCE SOUTHWESTERLY ALONG TAYLOR'S FERRY ROAD, 40 FEET TO THE PLACE OF BEGINNING AND AFORESAID DESCRIPTION BEING A TRACT 40 FEET BY 150 FEET SITUATED IN THE SOUTHWESTERLY PART OF LOT 35, IN NORTH TIGARDVILLE ADDITION SAID COUNTY AND STATE, EXCEPTING THEREFROM A PARCEL OF LAND LYING IN LOT 35, NORTH TIGARDVILLE ADDITION, SITUATED IN SECTION 2, TOWNSHIP 2 SOUTH RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, AND BEING A PORTION OF THAT PROPERTY CONVEYED BY THAT DEED TO OSCAR W. WILDE AND CHRISTINA G. WILDE, RECORDED IN BOOK 261, PAGE 405 OF WASHINGTON COUNTY RECORDS OF DEEDS, THE SAID PARCEL BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF LAND 40 FEET IN WIDTH, LYING ON THE NORTHWESTERLY SIDE OF THE CENTER LINE OF THE PACIFIC HIGHWAY WEST IS SAID HIGHWAY HAS BEEN RELOCATED WHICH CENTER LINE IS DESCRIBED AS FOLLOWS; BEGINNING AT ENGINEER'S CENTER LINE STATION 113/00, SAID STATION BEING APPROXIMATELY 7 FEET NORTH AND 48 FEET EAST OF THE MOST EASTERLY CORNER OF SAID LOT 35, NORTH TIGARDVILLE ADDITION; THENCE SOUTH 45 24° 45' 30" WEST 184.5 FEET; THENCE ON A SPIRAL CURVE LEFT( THE LONG CHORD OF WHICH BEARS SOUTH 44° 59' 40" WEST) 214 FEET TO STATION 116/98.5, THE NORTHWESTERLY LINE OF SAID STRIP OF LAND CROSSING THE NORTHEASTERLY AND SOUTHWESTERLY LINE OF SAID PROPERTY APPROXIMATELY OPPOSITE STATIONS 115/07 AND 115/47 RESPECTIVELY. PARCEL II: A PART OF LOT 35, NORTH TIGARVILLE ADDITION, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THAT TRACT CONVEYED TO OSCAR W. WILDE, ET UX, BY DEED IN BOOK 261, PAGE.405, DEED RECORDS; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 35, 58.65 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 35, 40 FEET; THENCE SOUTHEASTERLY PARALLEL TO THE SOUTHWESTERLY LINE OF SAID LOT 35, 58.65 FEET TO THE MOST NORTHERLY CORNER OF SAID WILDE TRACT; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID WILDE TRACT 40 FEET TO THE PLACE OF BEGINNING. Page 3 of 4 APN: R464642 Statutory Warranty Deed File No.: 1032-1310868(SMD) -continued Date: 11/25/2008 NOTE: This legal description was created prior to January 1, 2008. Page 4 of 4 P/ 40.00' / 1 A' Nio LA JDSCL API-6 36 6 \ I I \ I STRIPPED , 1 0 4. ' I VEHICLE TURN 1 °� i'.� • �y, p I r AROUND 3 I • \ 2 I C I z • a 1 \ I Q Ip C F. � PROJECT SIT '';• < :ti , 17'-6" C, 13-6" 46-CURB Is I \ • , 1 % I -- _� I 3 H J c O I , 1 I g Pu 0 z I ? Y I 1 �j\ l a 3-6' .25-0/ 18'-6" / 12'-6" 46"CURB iJ w \ 3 co I 3)-9%. I la` \ / O NI \ \ I v N I -,moo I QI 13 z 01 \ \ 1 t—h r+ VICINITY MAP ' 01 "� _ �, n •SCALE:NTS w I i� \ I O• I io\ =\ I (D N I /\ PROJECT SUMMARY: J O The project is a Change of Use tenant improvement.It requires the demolition of existing interior floor I I ` `- .n plan creating an open floor plan with two separate ADA compliant bathrooms,a separate room for a 1 1 �. kitchenette with a sink where equipment can washed and range top to boil equipment in water.The I z furnace and hot water heater are to be relocated into a closet.A variance for parking had previously `_ C) been approved.The Change of Use increases the parking requirements which are being addressed both �o � ` on site and off.The owner has a Letter of Agreement with their neighbor for not less than the additional I n , 12'-6" L6"CURB parking required to meet parking standards for the project. 1 The owner noted that the roof/ceiling is truss framed from exterior wall to exterior wall with no internal I EXISTING 1 C" v structural supports. I BUILDING I SITE/BUILDING INFO: 1 1 1 I PROJECT ADDRESS: 13075 SW PACIFIC HWY.,TIGARD,OR WASHINGTON COUNTY TAX MAP:2S102B0,TAX LOT 3200 ZONE:C-G(GENERAL COMMERCIAL DISTRICT) 1 EXISTING 1 J . , 1 ALLOWED AREA %SfTECOVERAGE L__________J VEHICLE SITE: 8,154 SF 100% ENTRANCE AND CURB CUT BUILDING: 1,367 SF 17% LANDSCAPE AREA: 1,225 SF 15% . PARKING AREA: 5,562 SF 68% REQUIRED PROVIDED PARKING:(9 per 1,000) 13 10 ON SITE HWY. 99W 2(MIN.)OFF SITE(see owner (SW PACIFIC HIGHWAY) • ACCESSIBLE: 1 VAN ACCESSIBLE ONSITEn1)supplied A, SITE PLAN TOTAL: 13 SCALE:1"=20'-0" CODE SUMMARY: OCCUPANCY:A-2(RESTAURANT) CONSTRUCTION TYPE:VB NON-SPRINKLERED TENANT IMPROVEMENT OCCUPANT LOAD:1,367/15=92 for ASSEMBLY WITHOUT FIXED SEATS UNCONCENTRATED (TABLES AND CHAIRS)15 NET QUSH HOOKAH LOUNGE PLUMBING A-2 WATER CLOSETS LAVATORIES SW 13075 SW PACIFIC HWY. MALE: 1 PER 75(PROVIDED) 1 PER 200(PROVIDED) TIGARD,OR FEMALE: 1 PER 75(PROVIDED) 1 PER 200(PROVIDED) DATE:02-17-15 DRAWING INDEX CLIENT CONTACT: 1 OF 3 COVER SHEET/PROJECT INFO/SITE PLAN Hussein AI-Baiaty 971-238-1506 2 OF 3 EXISTING CONDITIONS AND DEMOLITION PLAN 3 OF 3 NEW FLOOR PLAN SHEET:1 OF 3 t ' APPLICANTS STATEMENT 18.360.050(B): Major Modification(s)to Approved Plans or Existing Development B. Evaluation criteria. The director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. Q: An increase in dwelling unit density, or lot coverage for residential development; A: Does not apply. Applicable property is a commercial unit. 2. Q: A change in the ratio or number of different types of dwelling units; A: Does not apply. Applicable property is a commercial unit. 3. Q: A change that requires additional on-site parking in accordance with Chapter 18.765; A: This change will require additional on-site parking. As the site lacks adequate parking to accommodate the 13 spaces required by the City of Tigard, for the appropriate Eating and Drinking classification, a joint agreement in accordance with 18.765.030 (C) was reached with the neighboring business. See attached Exhibits. 4. Q: A change in the type of commercial or industrial structures as defined by the Uniform Building Code; A: Does not apply. We will not be making changes to the type of structure. 5. Q: An increase in the height of the building(s)by more than 20%; A: Does not apply. We will not be increasing the height of the building. 6. Q: A change in the type and location of access ways and parking areas where off-site traffic would be affected; A: Does not apply. We will not be changing the access ways to our parking areas. 7. Q: An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; A: Vehicular traffic to and from business site will vary, increasing mostly during weekends, but will not exceed 100 vehicles per day. 8. Q: An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; A: Does not apply. We will not be expanding the current floor area. 9. Q: 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%; A: Does not apply. We will not be reducing common open space. 10. Q: 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. A: Does not apply. 11. Q: 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. A: Does not apply. JOINT PARKING AGREEMENT 1. Tenant: Karbala LLC dba Qush Hookah Lounge 13075 SW Pacific Hwy, Tigard, OR 2. Landlord: Yvodal Inc. dba Midas Auto Service 13055 SW Pacific Hwy, Tigard, OR 3. Use: Use of parking facilities located at 13055 SW Pacific, Tigard, OR 97223 4. Terms: The right to use will remain in effect only so long as Landlord retains ownership of the Parking Facilities and the Parking Facilities are used in accordance of this agreement. 5. Rental Rate: $200.00 per month 6. Access: Tenant shall have access to parking facilities between the hours of 6:00pm and 4:30am, 7 days a week, 365 days a year. 7. Effective Date: Sunday, March 1, 2015 8. Tenant Tenant will be responsible for returning parking facilities to Landlord Responsibilities: clean and free of vehicles daily. Additionally Tenant will be responsible for any vandalism and or graffiti that occurs during its use, as outlined in the"Access" portion of this agreement, of the parking facilities. 9. Termination: Parties may terminate this lease at any time by providing the other party a 30-day notice of termination in writing. AGREED & ACCEPTED AGREED & ACCEPTED Landlord: Yvodal • Tenant: Karbala LLC By: /. By: ✓"v4 Its:Geproek�d[ Its: Date: 7712,-- ,c Date: I Z f?'` ORILTINPL JoNr pPtEk t4ti. iscitEuefir ExNLB%T' i-p► JOINT PARKING 18.765.030 (C) Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. Q: The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est)use per Section 18.765.070; A: Commercial site is 1376 SF, 13 parking spaces are required by City of Tigard to meet Eating and Drinking classific tion. The Joint Parking facility located at 13055 SW Pacific Hwy in Tigard has 14 vehicle parking spaces. 2 Q: Satisfactory legal evidence shall be presented to the director in the form of deeds, leases or contracts to establish the joint use; A: Joint Parking Agreement is attached as Exhibit 2 3 Q: If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately A: This is fully understood by business. COT JOINT PAt21(4t4C& VA E011311-- 1- 5 • OREGON SECRETARY OF STATE HOME ► Corporation Division business information center business name search Oregon business guide referral list business registry/renewal formsfees notary public uniform commercial code uniform commercial code search documents&data services Business Name Search New Search Printer Friendly Business Entity Data 02-12-2015 13:59 Registry Nbr Entity Entity Jurisdiction Registry Date ext Renewal Type Status Date Due? 724001-96 ABN ACT 10-27-2010 10-27-2016 MIDAS AUTO SERVICE N New Search Printer Friendly Associated Names PPB PRINCIPAL PLACE OF BUSINESS 13055 SW PACIFIC HWY TIGARD IOR 197223 I I IUNITED STATES OF AMERICA The Authorized Representative address is the mailing address for this business. REP UTHORIZED Start Date I0-27 Resign Date (REPRESENTATIVE 2010 I Ni GEORGE IE IWEIVODA I I PO BOX 5847 cs. BEAVERTON IOR 197006 I I Countr; (UNITED STATES OF AMERICA a REGIREGISTRANT I I Of 719506- YVODAI INC. Record 96 Addr 1 Addr 2 CSZ I I I I I PROOF OF AU 1IOR.tt`/ FO 6U(at.t OFF jotrIC PA -I4Rfa, Ex NI BIT 1-C t New Search Printer Friendly Name History IN4 Business Entity Name Name Name Start Date End Date Type _Status IDAS AUTO SERVICE EN CUR 10-27-2010 Please read before ordering Copies. New Search Printer Friendly Summary History Image Action Transactic: _iics� €v` Status 'Wt, AyLti. Dissolved By Available Date Date Change O RENEWAL OF 10-06-2014 FI REGISTRATION O REACTIVATION 04-17-2013 FI FAILURE TO RENEW 10-28-2012 SYS APPLICATION FOR 10-27-2010 FI Representative REGISTRATION New Search Printer Friendly Counties Counties Filed Washington ',Inf rrIcsel (but not necessarily available) Baker, Benton,Clackamas,Clatsop,Columbia,Coos, Crook, Curry, Deschutes, Douglas, Gilliam,Grant, Harney, Hood River,Jackson, Jefferson,Josephine, Klamath, Lake, Lane, Lincoln, Linn, Malheur, Marion, Morrow, Multnomah, Polk,Sherman,Tillamook, Umatilla, Union, Wallowa, Wasco, Wheeler,Yamhill About Us I Announcements I Laws & Rules I Feedback Policy I SOS Home I Oregon Blue Book I Oregon.gov For comments or suggestions regarding the operation of this site, r L. please contact : corporation.division @state.or.us 4.01 pool of AuT1OV1 Y C M1 ExN1err -G2 QUSH HOOKAH LOUNGE 1486 2905 NE BROADWAY ST PORTLAND,OR 97232 _02/12/15 PAY TO THE ORDER OF -Service $ **900 00 Two Hundred and 00/100 —_ DOLLARS Midas Auto Service 13055 SW Pacific Hwy Tigard OR 97223 �,°E""'"Ea MEMO: Parking Rent March ""'""""°""°"' +� QUSH HOOKAH LOUNGE 1486 Midas Auto Service 02/12/15 parking 200.00 Cash in Drawer Parking Rent March 200.00 QUSH HOOKAH LOUNGE 1486 Midas Auto Service 02/12/15 parking 200.00 Cash in Drawer Parking Rent March 200.00 Form#513272,(REV.10/03) THE CHECK DEPOT•REORDER ONLINE AT WW W.CHECKDEPOT.NET OR CALL 1-800-625-8117 PRDOF of PAYME EXI-1 IBIT I .p OTREE GRASS/DIRT SIDEWALK 93' — CURB 135' cf MIDUS N\Ay Atf * JOINT" pag rIG sirs PLANS "M1c& EXHIBIT- r•E Find tacos,cheap dinner,Max's Near Las Vegas,NV , Hems About Ms Write a Review Find Friends Messages 'e = e.-"s yelp:: Midas L,__- ,,ii 0 7 reviews Details Tires,Auto Repair,Oil Change Stations 40 . .,. t• •► ii, Map data 2015 Goopla � f Y �-��,` DAS- • I�, 13055 SW Pacific Highway it Tigard,OR 97223 ` g Get Directions [• �-� �� �1 �, (503)684-1318 _. irti midas.com • — See all 4 photos Schedule an Appointment Today! Today 8:00 am-6:00 pm Open now Recommended Reviews Search reviews Hours Yelp Sort Date Rating Elites English 7 Mon 8:00 am-6:00 pm Tue 8:00 am-6:00 pm Wed 8:00 am-6:00 pm Your trust is our top concern,so businesses can't pay to alter or remove their reviews.Learn more. X Thu 8:00 am 6:00 pm Open now Fri 8:00 am-6:00 pm A ©©1 Christine D. ©©© 2/2/2013 Sat 8:00 am 4:00 pm a a Sun Closed Portland,OR 169 friends 2 check-ins Edit business info 587 reviews Elite'15 Listed in 100 Yelps Challenge,Baby! More business info I had some pretty good service here. I couple of minor hiccups with parts but all in all an ok place to deal with. This business is a Yelp advertiser. The owner,George,was happy to help me. When I stopped in there were no customers there and they ■ Carol C. First to review employees were doing some work on their own projects in between times. The owner said he had the parts in stock and that I could have the vehicle repaired while I wait. He People also viewed seemed genuinely happy to help. l Les Schwab Tire Center He had his staff proceed to take off the used parts and 15 reviews begin the install of the new parts. It was after they had pulled off all the old parts that George discovered the part number was the wrong one and that he did not have the Tigard Premier Auto Care parts in stock. He quickly called around but determined 9 reviews that he could not get the parts until tomorrow morning and that the new part was$100 more. America's Tire He had the staff put the old parts back on and said he 55 reviews would split the difference with me on the expense of the new part. This was a good solution to a bad situation and I had to take time off work to go back there the next day Browse nearby "MIDAS° PROF OF i-lat : 15056 Slik PAC.IFIL MAN EA-Hstr F. 1 i Find tacos cheap dinner,Max's Near portl or and Home About Me Write a Review Find Friends Messages Talk Events yelp Qush Hookah ©O©©L 41 reviews Details $$ • Hookah Bars Edit NE T,Itamook St 0 n NE ifij St 4 NE Sch4yi(St •l z NE Ekoadway 0,5" NE Weidler St Map data Goode 2905 NE Broadway St Edit See all 45 photoe Portland,OR 97232 Northeast Portland,Grant Park Get Directions (503)384-2373 Seel hookah in towns by Stew Y Message the business qushhookah.com The owner is super nice and accommodating and always checks up on you Today 6:00 pm-2:00 am to make sure you're all taken care of."in 4 reviews Closed now , ._... S$$$ Price range Moderate "One of the best qualities Is that the environment has its own separate rooms where you can hang out with your friends."in 5 reviews !/R 0 • Hours "I love the private rooms, and access to control of music and flat screen tv." in 3 reviews Mon 6:00 pm-2:00 am ' • Tue 6:00 pm-2:00 am • Wed 6:00 pm-2:00 am Thu 6:00 pm-2:00 am Closed no Recommended Reviews Search reviews Fri 6:00 pm-4:00 am Sat 6:00 pm-4:00 am �}�` Yelp Sort Date Rating Elites English 41 Sun 6:00 pm-2:00 am :: ei Your trust is our top concern,so businesses can't pay to alter or remove their reviews.Learn more. Edit business info lit Mahriah Z. ©©©©© More business info 8/30/2014 Portland,OR Accepts Credit Cards Yes 3 friends This place is Great!Really friendly staff!Comfortable..cool parking Street 23 reviews laid back chill vibe.Really had a fantastic time.Every time I have been here has been a great experience.Tons of Bike Parking Yes flavors at the tobacco bar.Very private.Pool table,games, Good for Groups Yes fight nights,movie nights.Outside seating.Can reserve Ambience Casual private rooms just for my guests..Iced hookas.Hookas are always super clean.Snacks/Beverages.Good music.Fully Noise Level Average satisfied customer.Will for sure continue to go back.Lots Music Background of repeat people too..Makes it feel like Cheers!Everybody Good For Dancing No knows your name;.)PS the owner is awesome! Alcohol No Really cool neighborhood chill spot. Happy Hour Yes Best Nights Thu,Fri,Sat Coat Check No PROOF OF ROUES % 13075 SW PACIFIC. Ftw( Em 415 IT- F.2 P/L 40.00' 0• , LANDSCAPING y \ \ i 36'-6" \ \k �s.,0� r i % ST, ', 1 0 , 4 �'�. / / �� T ' N l I C iitlQ fir ,# I —\ t7 L .," - w I� .'o '% 0 z — \ y' < I E. 17'-6" CI, 13'-6" 6" CURB Sit+� / o \ ,e I J C r=r '0 aJ• (D •) , -'':-.1,., . " \ I O n lop, tI z 1 "n �f / .",,'`.4:`, 0 L a r u\,� f� Z w V °) � � r� R I I a 71 \''' , 9 ' Q 3'-6" �5'-d' 18'-6" 12'-6.. 6" CU B C7 N o_ I ,- S • �,^ ,, I 0cm N \ \ z aI •vy VICINITY MAP x I SCALE: NTS W I ///,,,• /, I � •/ _ 5)- cjd I ' PROJECT SUMMARY: \ `� _ ' The project is a Change of Use tenant improvement. It requires the demolition of existing interior floor I „jj— 1 plan creating an open floor plan with two separate ADA compliant bathrooms, a separate room for a I f kitchenette with a sink where equipment can washed and range top to boil equipment in water. The z • IN a furnace and hot water heater are to be relocated into a closet.A variance for parking had previously a ( r fi been approved. The Change of Use increases the parking requirements which are being addressed both I o on site and off. The owner has a Letter of Agreement with their neighbor for not less than the additional 1 a li i1" H r 12'-6" 6" CURB parking required to meet parking standards for the project. I I The owner noted that the roof/ceiling is truss framed from exterior wall to exterior wall with no internal I EXISTING structural supports. I BUILDING -11 SITE / BUILDING INFO: 1 �JI1 PROJECT ADDRESS: 13075 SW PACIFIC HWY., TIGARD, ORI V 1 WASHINGTON COUNTY TAX MAP: 2S102BD, TAX LOT 3200 ==1 - EXISTING ZONE: C-G (GENERAL COMMERCIAL DISTRICT) I i I ..-- - _ ALLOWED VEHICLE AREA %SITE COVERAGE ------ ENTRANCE AND SITE: 8,154 SF 100% CURB CUT BUILDING: 1,367 SF 17% LANDSCAPE AREA: 1,225 SF 15% / PARKING AREA: 5,562 SF 68% REQUIRED PROVIDED PARKING: (9 per 1,000) 13 10 ON SITE HWY. 99W 2 (MIN.) OFF SITE (see owner A (SW PACIFIC HIGHWAY) RECEIVED ECEII\IED supplied Letter of Agreement) ''/ SITE PLAN ACCESSIBLE: 1 VAN ACCESSIBLE ON SITE FEB 17 2015 TOTAL: 13 SCALE: 1"= 20'-0" RD CODE SUMMARY: rn CIING/TY ENIGAEE �,NNINGI'ENGINEERING OCCUPANCY:A-2 (RESTAURANT) CONSTRUCTION TYPE:VB NON-SPRINKLERED TENANT IMPROVEMENT OCCUPANT LOAD: 1,367/15=92 for ASSEMBLY WITHOUT FIXED SEATS UNCONCENTRATED (TABLES AND CHAIRS) 15 NET QUSH HOOKAH LOUNGE PLUMBING:A-2 WATER CLOSETS LAVATORIES SW 13075 SW PACIFIC HWY. MALE: 1 PER 75 (PROVIDED) 1 PER 200 (PROVIDED) TIGARD, OR FEMALE: 1 PER 75(PROVIDED) 1 PER 200 (PROVIDED) DATE: 02-17-15 DRAWING INDEX CLIENT CONTACT: 1 OF 3 COVER SHEET/PROJECT INFO/SITE PLAN Hussein Al-Baiaty 971-238-1506 2 OF 3 EXISTING CONDITIONS AND DEMOLITION PLAN 3 OF 3 NEW FLOOR PLAN SHEET: 1 OF 3 I 1 1 L - 4, I I 30681 S DOOR L J I TO REMAIN 1 411"11 SCALE: 1/4"= 1'-0" EXISTING CONDITIONS AND DEMOLITION PLAN -11 II II II l EXISTING PLUMBING •_— L.L, FIXTURES TO REMAIN IF - \ HANDICAP COMPLIANT. .....-'1 \ RELOCATE IF NEEDED TO/ I EXISTING DOOR TO — Jo \ MEET ADA REQUIREMENTSI II REMAIN _ J / rz---fir bi=== I I ��� I I \ EXISIVNG \( kLL I O / TOREAINil i-- ` I WINDOW G vA I I to REMAIN II I I--- ti01.1 == �� TENANT 0'1 _ EXISTING // I - 1 ATTIC I I I ACCESS IMPROVEMENT HATCH I I I / L___-J / L d t=-- for r -- T �� QUSH HOOKAH _ _ _- II II LOUNGE r LJJ SW 13075 SW PACIFIC HWY. \ WALLS AND TIGARD, OR \ ITEMS TO DATE: 02-17-15 DEMOLISH - II U II II -i1 r - - -ii rL L i \\ Lr- LINE OF \ _ EXISTING BASEMENT N. EXISTING WALL BELOW rl 1 EXISTING WALL TO REMAIN JJ U EXISTING HALF WALL AND COUNTER TO REMAIN ,, EXISTING :ASEMENT ACCESS \HATCH/ I--LV \\ \k EXISTING EXISTING DOOR TO \ EXISTING WINDOW REMAIN WINDOW TO REMAIN I TO REMAIN I MEI I= -- ----- I. SHEET: 2 OF 3 . 34-INCH HIGH COUNTER WITH ADA / 7'-4' / COMPLIANT SINK. NO CABINETS BELOW I ti EXISTING 3068 DOOR ,1'-6"� TO REMAIN \ (MIN. CLR.) LLT r- I SCALE: 1/4"= 1'-0" o 1 1 1 N I • I 60X54 " o� NEW FLOOR PLAN '� 34-INCH HIGH WORK + 0 0 SURFACE. NO CABINETS OR O O -� OBSTRUCTIONS BELOW 3068 DOOR \ 1 48X6 NEW 2x4 STUD WALLS 16" O.C. FLOOR TO CEILING (+/- 10') WITH M H0 FURN. 55/8" GYP. BD. EACH SIDE (USEEXISTING DOOR TO MOISTURE RESISTANT WALL REMAIN BOARD AT BATHROOM ��5-FOOT 3068 DOOR LOCATIONS). / DIA. \\ WITH CLOSER / \ AND OCCUPIED 10X48 I INDICATOR I` I O ti 0� �' ADA COMPLIANT TOILET AND _ _-�_- LAVATORY. NO CABINETS r UNDERNEATH EXISTING - no - WINDOW L f 1 1 TO REMAIN \ 1 I n TENANT ti I EXISTING' ATTIC I IMPROVEMENT ACCESS I I HATCH I IL----J 1'-6" 2'-3" 1'-3"1'- " for I.- / I / / / / ` QUSH HOOKAH 3068 DOOR L 1 J WITH CLOSER AND OCCUPIED INDICATOR LOUNGE I \ I SW 13075 SW PACIFIC HWY. TIGARD, OR 6'-3" /_ DATE: 02-17-15 EGRESS ILLUMINATION SHALL BE PROVIDED WITH BATTERY BACK-UP. ILLUMINATION SHALL NOT BE LESS THAN 1 FOOTCANDLE AT WALKING SURFACE. EXISTING WALL TO REMAIN r J EXISTING HALF WALL COUNTER AND TO REMAIN EXISTING/I ACCESS HATCH Mil EXISTING EXISTING DOOR TO ` EXISTING WINDOW REMAIN WINDOW TO REMAIN TO REMAIN 1 L --- i SHEET: 3 OF 3 P/L 40.00' .� LANDSCAPING � —,I' 36'-6" X a \ \ w � - ' ‘ v1 ��, r I STRIPPED Q taiCal I �; VEHICLE TURN N i �, .,sir. p� I AROUND 7 t.S, O C ( z r I li Qa. I cC C a I (O s w - C [7 'i a 2 • )PROJECTSafi < i 17'-6" C 13'-6" 6"CURB / � 1%, ,,,,. . C Daw . / , I CI) L3 r el § y • 0 _ �` f nit �a Cl �� ° o ,�' ,. 2 Y G) =.., ,�, 3 a 3'-6' i5'-0',/ 18'-6" 12'-6" 6" Cl RB � ' ,_ �� ,t a \ p'p - s . _ r_.F , • --- ,, zio r- Q ((N1 -\ \ ' ,, f O N ' z -I \ \ VICINITY MAP p 1 '6,46 SCALE: NTS w I _ N\ \ I Z•7\ N I PROJECT SUMMARY: \ I The project is a Change of Use tenant improvement. It requires the demolition of existing interior floor 1 1:46'.. plan creating an open floor plan with two separate ADA compliant bathrooms, a separate room for a 1 kitchenette with a sink where equipment can washed and range top to boil equipment in water. The 1 z furnace and hot water heater are to be relocated into a closet. A variance for parking had previously a 7 rfi i , been approved. The Change of Use increases the parking requirements which are being addressed both I o on site and off. The owner has a Letter of Agreement with their neighbor for not less than the additional 1 ' tV) r121-6" 6" CURB I k 0 parking required to meet parking standards for the project. ■ I The owner noted that the roof/ceiling is truss framed from exterior wall to exterior wall with no internal I EXISTING structural supports. I BUILDING 1 SITE / BUILDING INFO: 1 1 I PROJECT ADDRESS: 13075 SW PACIFIC HWY.,TIGARD, OR I J WASHINGTON COUNTY TAX MAP: 2S102BD, TAX LOT 3200 =__= i ZONE:C-G (GENERAL COMMERCIAL DISTRICT) 1 EXISTING II Ji �/ ALLOWED VEHICLE AREA %SITE COVERAGE -- ENTRANCE AND SITE: 8,154 SF 100% CURB CUT BUILDING: 1,367 SF 17% : LANDSCAPE AREA: 1,225 SF 15% 11111I— , PARKING AREA: 5,562 SF 68% REQUIRED PROVIDED PARKING: (9 per 1,000) 13 10 ON SITE HWY. 99W 2 (MIN.)OFF SITE (see owner 4/ (SW PACIFIC HIGHWAY) �ECE�VED supplied Letter of Agreement) I SITE PLAN ACCESSIBLE: 1 VAN ACCESSIBLE ON SITE TOTAL: 13 SCALE: 1"= 20'-0" FEB 17 2015 CODE SUMMARY: CITY OF TIGARD OCCUPANCY: A-2 (RESTAURANT) PLANNING/ENGINEERING CONSTRUCTION TYPE: VB NON SPRINKLERED TENANT IMPROVEMENT OCCUPANT LOAD: 1,367/15= 92 for ASSEMBLY WITHOUT FIXED SEATS UNCONCENTRATED (TABLES AND CHAIRS) 15 NET QUSH HOOKAH LOUNGE PLUMBING: A-2 WATER CLOSETS LAVATORIES SW 13075 SW PACIFIC HWY. MALE: 1 PER 75(PROVIDED) 1 PER 200 (PROVIDED) TIGARD, OR FEMALE: 1 PER 75(PROVIDED) 1 PER 200 (PROVIDED) DATE: 02-17-15 DRAWING INDEX CLIENT CONTACT: 1 OF 3 COVER SHEET/PROJECT INFO/SITE PLAN Hussein Al-Baiaty 971-238-1506 2 OF 3 EXISTING CONDITIONS AND DEMOLITION PLAN 3 OF 3 NEW FLOOR PLAN SHEET: 1 OF 3 1 EXISTING I 3068 DOOR 1 L J I TO REMAIN -1 /------- SCALE: 1/4"= 1'-0" EXISTING CONDITIONS AND DEMOLITION PLAN —11 II II II l I I EXISTING PLUMBING \_- L1-, FIXTURES TO REMAIN IF - s.\ HANDICAP COMPLIANT. , "i \ RELOCATE IF NEEDED TO/ I EXISTING \ MEET ADA REQUIREMENTS I DRE% , I -- ---� I- d tl==i N /u-_ 11 \ 1 I \ I I EXISIVNG 1,V14LLI , n i TO REMAINII --, (w - I EXWIISNDOWTING AT I 10 REMAIN l A, I I I Z EXISTING / I TENANT U's ATTIC / / I ACCESS IMPROVEMENT I HATCH I / I / L____J ../ --= for III T1 QUSH HOOKAH � II I LOUNGE r _ LTJ SW 13075 SW PACIFIC H . \ WALLS AND TIGARD, OR \ ITEMS TO DATE: 02-17-15 DEMOLISH II U II II -.1I r1' rL L \\ Lr- - LINE OF \ - EXISTING BASEMENT �T EXISTING WALL BELOW r --EXISTING WALL TO REMAIN , _LI LI EXISTING HALF WALL AND COUNTER TO REMAIN EXISTING/ ACCESS HATCH I l \ I \\ 1 \\ EXISTING EXISTING DOOR TO EXISTING WINDOW REMAINWINDOW TO REMAIN TO REMAIN f i 1 SHEET: 2 OF 3 34-INCH HIGH COUNTER WITH ADA / 7'-4" COMPLIANT SINK. NO CABINETS BELOW l • E7I EXISTING 3068 DOOR e I�-6��` TO REMAIN • (MIN. CLR.) T o \ i SCALE: 1/4" = 1'-0" CNI 60X54 (Ni ‘ r r -- 34-INCH HIGH WORK NEW FLOOR PLAN 0 0 y, SURFACE. NO CABINETS OR lO O OBSTRUCTIONS BELOW 3068 DOOR 1_,0•4 — 48X6I NEW 2x4 STUD WALLS 16" O.C. FLOOR TO CEILING (+/- 10') WITH M """' FUR" 5/8" GYP. BD. EACH SIDE (USE EXISTING \ J MOISTURE RESISTANT WALL DOOR TOREMAIN ( BOARD AT BATHROOM ''5-FOOT N•\ 3068 DOOR LOCATIONS). DIA. 1 WITH CLOSER 1 AND OCCUPIED 10X48 \-1 INDICATOR C+ II C I ! I 1\ o� fXI d ' ADA COMPLIANT TOILET AND Ø - ---- LAVATORY. NO CABINETS UNDERNEATH EXISTING _WINDOW f1TO REMAIN 1 1 1 n - -- 1 TENANT A � EXISTING ATTICIIMPROVEMENT I ACCESS I I , I HATCH I L J 1'-6%'/ 2'-3" 11'-3'/1 -, for ____1J Q U S H HOOKAH L 3068 DOOR WITH CLOSER AND OCCUPIED ' LOUNGE INDICATOR 1 I SW 13075 SW PACIFIC HWY. TIGARD, OR 6'-3" / DATE: 02-17-15 EGRESS ILLUMINATION SHALL BE PROVIDED WITH BATTERY BACK-UP. ILLUMINATION SHALL NOT BE LESS THAN 1 FOOTCANDLE AT WALKING SURFACE. EXISTING WALL TO REMAIN I EXISTING HALF WALL COUNTER AND TO REMAIN EXISTING :ASEMENT ACCESS HATCH, EXISTING EXISTING DOOR TO EXISTING WINDOW REMAIN WINDOW TO REMAIN TO REMAIN J ► _ I--I I - _ SHEET: 3 OF 3