MMD2015-00028 MMD2O15 - 00028
Bon Baguette
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2015-00028 Ill
BON BAGUETTE
TIGARD
120 DAYS = December 11, 2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Bon Baguette
CASE NO.: Minor Modification (MMD) MMD2015-00028
PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite 92) at 13500
SW Pacific Highway. The space, approximately 1,676 square feet in size, is
changing from a personal services use to a fast food eating and drinking
establishment,Bon Baguette.
APPLICANT: Bon Baguette,Inc.
1100 NW Klickitat Lane
Camas,WA 98607
OWNER: ROIC
Attn:John Wynton
21410 Salamo Road
West Linn,Oregon 97068
LOCATION: 13500 SW Pacific Highway,Suite 92
WCTM 2S102CC,Tax Lot 500
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.
N1 NI 1)20 1 5-00028 Bon Baguette 1
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 13500 SW Pacific Highway; north of SW Hillview Street, south of SW Pacific
Highway, and west of SW Garrett Street. The subject property is an approximately 1,676-square-foot
tenant space (Suite 92) within an existing shopping center.The approximately 12-acre development site
is made up of one parcel and contains multiple commercial buildings, landscaping, and associated
parking.The site is zoned General Commercial (C-G).
Proposal Description:
The applicant is proposing a change of use to a tenant space (Suite 92) at 13500 SW Pacific Highway.
The space, approximately 1,676 square feet in size, is changing from a personal services use to a fast
food eating and drinking establishment,Bon Baguette.
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
Because the applicant has only proposed a change of use, which primarily affects off-street parking
regulations, that is the main focus of this review.The change of use is from a personal services use to a
fast food eating and drinking establishment. The approximately 12-acre development is a mixed-use,
multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in
TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on
this formula:
Use Category Square Parking Spaces Percentage Total Parking
Footage Re uired Re uired Spaces Required
Sales-Oriented Retail 100,318
Eating&Drinking 12,700 114 85% 97
Establishment
Tact
nozwimig, -
Drinking Establishm
Personal Services 5,067 13 60% 8
Motor Vehicle
ServicingLRep__-
Medical/Dental Office 2,450 10 60% 6
TOTA
Staff finds that 467 parking spaces are required for the entire shopping center, taking into consideration
the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is
adequate parking at the development site,with 632 parking spaces provided.
MMD2015-00028 Bon Baguette 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. 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 AUGUST 17, 2015
AND BECOMES EFFECTIVE ON AUGUST 18, 2015
Questions:
I f you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(a),tigard-or.gov.
-1— August 17,2015
APPROVED BY: Lina Smith
Assistant Planner
NIN11)2015-00028 Bon Bagucttc 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard AUG 13 2015
it
EC A COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
il
PLANNING/ENGINEERtNG
t t itiA!4,.;
Minor Modification Type I Application
PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL
' f l-cft 5z. 1-0 (.U'lafcM 4 RA4111 "WAIT ,.P tett.( ELEMENTS
al t;(�. Iraqi c ( ^�"toX�^N�t f (� (, rc{t O .Os�h t .� ZO nei s Signature/Written
1 -t' -kii XeA t(dh ill J( 6:1,1 G' r// Authorization
#I f:1 Oft 40,(1 C f„c{yur Q, (1rxah '4 u9✓hla n, - r9eAp'. (.7,`=t Title Transfer Instrument or Deed
/!')() y, i'4,, ()''t h'4 (1 jvt's lL>Fct 1ar.lj.,•u IS 3er` (:6.0 ( ) p.lite Plan(2 large plans drawn to scale
and one reduced to 8.5"xl1'/2")
'Applicant's Statement/Narrative
Property address/location(s): f 3 Sa; Sit/ P,Li `�(: 141• idw,i
;� 1 (2 copies)Address criteria in:
.5_„ j , yA 1,,Go4i f r,I; gi-C)-3 .ii xC18.360.050h1-11
Tax map and tax lot #(s): iling Fee
Site size: f ?'t:; Ai urZAe jeer
, ., '- I 'I I 1 '-I O\I l
7
Applicant: .Cyt!? Et l.a ti.tt€. ./ T..ut( Case No MM D 2.01S " 0002.8
Address: l f(Y' 44,1/ )'<f i(-1.4:"rAr1 L/✓ Related Case No(s): •
City/state: (A/10', . .1/fl' Zip: fiC,C 7-
�� Application Fee• 4 r
Phone: L.5 --1 i1S� -1';z Email: &'4i l i tt F,1r'I1✓(. (a? (sMM L.. LGA
Application accepted:
By. Ma3 Date: 8/
/ i 3 /i j
PROPERTY OWNER/DEED HOLDER(S)* 0 Same as Applicant
Name: RCTs(L, CAtv9Cei / 11L[ Application determined complete:
Address: X 9C S TGu/»e f_A ± '. 09.„k. / t,44'tp. /OE By: Date: /3 /S
City/state: Ste t Cry ,, CA Zip: ,�15 1. I\CURPt*Master3\Lana Use Apps atwns Rev 11/24/2014
Contact name: (tit J,4,t?ct A to
Phone number: ( S'i SI) , c5" - 1r-9 1 ?
•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 16(1.:in'B or
18 3li.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 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider;tit application complete.you will need u,submit ALL of the&EOUIRE;D SUBIVIITTAVI,ENIIINTS ax
described on the front of this application in the"Required Submittal Elements"box.
TI I1; APPLICANT(S) SHALL CERTIFY THAT:
• '!"!:r_ah•„crew est_tdns.3.wti prlart_my cllcuIlr iricrinns that n lrr attached nor Iran .ctl t .rnjlte lthie'ct prop rty.
• It the application is}.ranted,the applicant will exetci.e the tights granted in accordance with the terms and subject to:ill the
conditions and!initiations nt the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,arc true;and
the applicants s.acknowledge that any permit issued.based in:this application,may be revoked if it is found that any. such
statements are fake.
• The applicant has read the mitre contents of the applicant iu,including thy politics and ctitt:Iia,and understand the
ueluwt'mer.ts :(.r approving or denying the application.
SIGNATURES of each owner of the subject property required.
_TAL A/OY - . 07/i5b5
.).1C1 lican ' sig,an:•c Print name ( 1):t re
16. 5(-31k) 0) KO 77L.2 /)
• 0 enrrs aignatar Print name )rte
°mixer's signature Print name Date
ADDITIONAL OWNER/DEF'► HOLDER INFORMATION
Name: J \:mite:
lthlrr:.; A .A _thiress:
Citm/s:ate: ,� Zip: City/state: Zip:
Sirnarurr: .-- --_ Sepulture:
MINOR!MODIFICA'T'ION APPLiCA'l'ION
Cit}-of Tigard • 13123 SW I fall lih-tl. • Tiard.t ircgoti 97223 • w.v etigard or.gov • $07,11 -21.2 • Page 2 of 2
liRECORDED ELECTRONICALLY
2`141 Tk. 2'.01
G;;IMPIye V.W.LIITIO4C.C.„ e00.+603657
THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to: •
RO1C Oregon,LLC
8905 Towne Centre Dnve
Suite 108
San Diego,CA 92122
Until a change is requested all tax
statements shall be sent to the
following address:
ROIC Oregon,LLC
8905 Towne Centre Drive
Suite 108
LO San Diego,CA 92122
O
9 File No.:NCS-644608-ORI(RR)
IDate: February 06,2014
.
STATUTORY SPECIAL WARRANTY DEED
V. MK EP Tigard LLC,a Delaware limited liability company,Grantor,conveys and specially warrants
to ROIC Oregon,LLC,a Delaware limited liability company,Grantee,the following descnbed real
property free of liens and encumbrances created or suffered by the Grantor,except as specifically set
forth herein:
Subject to those Items set forth on Exhibit"B"attached hereto and made a part hereof.
See Legal Descnption attached hereto as Exhibit A and by this reference incorporated herein.
The true consideration for this conveyance is$25,125,000.00. (Here comply with rego remenu Si oRs 93-030)
Pile I of H
AVN:R066533 Statutory Special Warranty Deed Fee No NCS-&4460B-OR1(RR)
continued Date O2/06/2014
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.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 UNITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,
CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.
Dated this ).day of February,2014.
MK EP Tigard LLC,a Delaware limited
liability company
BY �hoNM H s Lp.,• -�
STATE OF itilDVio e-4
County of Nat yoeeC )ss.
This instrument was acknowledged before me on this 3 day of FE- a Rc'? "-/ 20 r
by Til 1AS as /hiT+ta '3 >+bdrnr`` of MK EP
Tigard LLC,on behalf of the limited liability company. /
VOLODYk?Y, 1 rl.tt!.?LKF_etiYCZ Yd icof, G✓_ ��c��r,.C..
Notary Puobc,Slate of Mt:York
No 0ltlA6/22556 Notary Public for
Qualified m Crtaens County
My commission expires: 11 aapey
Commission Expius May 24,20ly
Page 2 0'
AVN R466533 Statutoti Spcoal Warranty Deed F No NCS-644608-0R1(RR)
-ccntaked Darr:02/06/2014
EXHIBIT A
LEGAL DESCRIPTION:Real property In the County of Washington,State of Oregon,described as
follows:
PARCEL I:
A tract of land being a portion of the George Richardson Donation Land Claim No.38,
situated in the Southwest one-quarter,Section 2,Township 2 South,Range 1 West of the
Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,being
more particularly described as follows:
Beginning at the Southeasterly corner of that tract of land as conveyed to Heinz Sauerberry
recorded in Book 1200,Page 556,Washington County Deed Records,said point also being
the Southwest corner of Lot 8,BEREA,a plat of record;thence along the West line of said
BEREA plat North 0°43'30"East 240.79 feet;thence along the Westerly adjusted property
lines of lots In the plats of BEREA and CRESMER HILLS,as described in Recorder's Fee Nos.
90-55344,90-55343,90-67243,90-55342,90-55341,90-55340 and 90-55339 the
following courses:North 0°32'3T West 68.77 feet;North 14°59'28"West,8.38 feet;North
6°57'30"West,8.19 feet;North 2°30'50"East,17.60 feet;thence North 6°40'39"East,8.91
feet;North 11°16'32"East,8.42 feet;North 0°02'44"East 42.73 feet;North 8°44'37"West
16.48 feet;North 15°09'40"East,9.39 feet;North 0°30'37"East,76.40 feet;North 6°14'45"
West,9.93 feet;North 9°58'26"East,7.16 feet;North 0°43'29"East 34.11 feet;North
88°23'20"West,8.01 feet;North 0°53'25"East,49.60 feet;North 89°52'03"East,7.41 feet;
North 0°25'25"West,35.41 feet;North 89°13'30"West,6.76 feet;North 0°39'56"East
236.03 feet;North 89°41'49"East,7.00 feet;North 0°28'30"West 19.08 feet to a point on
the Southwesterly line of that tract of land conveyed to Roland and Mary Ingalls,recorded in
Book 270,Page 455,Washington County Deed Records,said point bears North 50°28'48"
West,a distance of 5.98 feet from the Southeast corner of said Ingalls tract;thence along
the Southwesterly line of said Ingalls tract and a Westerly projection thereof,North
50°28'48"West 322.17 feet to the most Northerly corner of that tract of land conveyed to
Tigard East Associates,recorded in Fee No.87 31809,Washington County Deed Records,
said point being 48.0 feet,when measured at right angles,from the center line of Highway
99W;thence along the Northwesterly line of said Tigard East Associates parcel and parallel
with the center line of said Highway 99W,South 34°23'38"West 391.12 feet to a point
opposite Engineer's Station 128+30 of said Highway 99W;thence continuing along said
Northwesterly line,South 7°49'44"West 29.07 feet to a point that Is 61 feet opposite
Engineer's Station 128+56;thence South 27°26'27"West 82.61 feet to a point that is 71.0
feet opposite Engineer's Station 129+38;thence South 59°57'14"West,25.50 feet to a point
that is 60.0 feet opposite Engineer's Station 129+61;thence South 34°23'38"West,91.00
feet to a point that Is 60.0 feet opposite Engineer's Station 130+52;thence South 39°15'02"
West,153.55 feet to a point that is 47.0 feet opposite Engineer's Station 132+05;thence
South 18°41'07"West 33.24 feet to a point that is 56.0 feet opposite Engineer's Station
132+37;thence South 30°28'32"West,73.17 feet to a point that is 61.0 feet opposite
Engineer's Station 133+10;thence South 83°32'03"West,15.61 feet to a point of
intersection with the Northwesterly projection of the Southwesterly line of that tract of land
as conveyed to Sherman E.Lee recorded in Fee No.80 2.3996,Washington County Deed
Page 30'9
APN R466533 Statutory Spent We-onty Deed F1'e No NCS-644608-0R1(RR)
-cennnued Date 02/06/2014
Records;thence along the Southwesterly line of said Lee tract and its Northwesterly
projection and also the Southwesterly line of above stated Sauerberry tract South 53°38'52"
East 633.24 feet to a point on the North line of FRELEON HEIGHTS NO.2 a plat of record;
thence along the Southerly line of said Sauerberry tract and the North line of said FRELEON
plat,North 89°32'42"East 13.41 feet to the Northwest corner of Lot 22,FRELEON HEIGHTS
NO.2;thence along the Northerly line of Fee No.90-55345 the following courses:North
0027'18"West 1.15 feet;North 84°39'30"East 11.33 feet;North 89°32'32"East,74.62 feet;
South 85°05'03"East 14.15 feet;South 0°27'18"East 0.79 feet to a point on the Northerly
line of said FRELEON PLAT;thence North 89°32'42"East 115.30 feet to the point of
beginning.
EXCEPTING THEREFROM all building and improvements situated on the following described
parcel,as conveyed by instrument recorded May 22,2008 as Recording No.2008.046669,
which buildings and improvements are and shall remain real property:
Commencing at the Southwest corner of Section 2,Township 2 South,Range 1 West of the
Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon;
thence,along the Westerly line of the Southwest one-quarter of said Section 2,North
00°40'43"East a distance of 830.41 feet to Engineer's Station 135+36.67 on the centerline
of Highway 99W;thence,along said centerline,North 33°57'00"East a distance of 1097.79
feet to Engineer's Station 124+38.88;thence South 56°03'00"East a distance of 48.00 feet
to a point on the Southeasterly right of way line of Highway 99W,said point being also the
most Northerly corner of that property conveyed to 13500 Pacific Corporation by Warranty
Deed recorded January 8,1991 as Recording No.91001296,Deed Records of Washington
County,Oregon;thence,along the Northeasterly line of said 13500 Pacific Corporation
property,South 50°47'20"East a distance of 108.65 feet to a point;thence,departing said
Southwesterly line,South 39°12'40"West a distance of 46.29 feet to the point of beginning;
thence South 33°56'03"West a distance of 173.29 feet to a point;thence South 56°10'43"
East a distance of 79.89 feet to a point;thence North 33°54'21"East a distance of 166.31
feet to a point;thence North 51°11'03"West a distance of 80.10 feet to the point of
beginning.
PARCEL 11:
All building and improvements situated on the following described parcel,as conveyed by
instrument recorded May 22,2008 as Recording No.2008-046669,which buildings and
Improvements are and shall remain real property:
Paye 4 PO.'
aP1. R466533 Sutt[ay Speoai Wara"N Pew F'e No NCS-&44508-ORI(RR)
•conbnocd Dec 02/06/2014
Commencing at the Southwest corner of Section 2,Township 2 South,Range 1 West of the
Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon;
thence,along the Westerly line of the Southwest one-quarter of said Section 2,North
00°40'43"East a distance of 830.41 feet to Engineer's Station 135+36.67 on the centerline
of Highway 99W;thence,along said centerline,North 33°57'00"East a distance of 1097.79
feet to Engineer's Station 124+38.88;thence South 56°03'00"East a distance of 48.00 feet
to a point on the Southeasterly right of way line of Highway 99W,said point being also the
most Northerly corner of that property conveyed to 13500 Pacific Corporation by Warranty
Deed recorded January 8,1991 as Recording No.91001296,Deed Records of Washington
County,Oregon;thence,along the Northeasterly line of said 13500 Pacific Corporation
property,South 50°47'20"East a distance of 108.65 feet to a point;thence,departing said
Southwesterly line,South 39°12'40"West a distance of 46.29 feet to the point of beginning;
thence South 33°56'03"West a distance of 173.29 feet to a point;thence South 56°10'43"
East a distance of 79.89 feet to a point;thence North 33°54'21"East a distance of 166.31
feet to a point;thence North 51°11'03"West a distance of 80.10 feet to the point of
beginning.
PARCEL III:
A parcel of land lying in the George Richardson Donation Land Claim No.38 in Township 2
South,Range 1 West of the Willamette Meridian,in the City of Tigard,County of Washington
and State of Oregon,and being a portion of Pacific Highway West lying Southeasterly of a
line 48 feet Southeasterly and parallel from the following described center line of the
relocated Pacific Highway West:
Beginning at Engineer's center line Station 116+98.50,said station being North 00°13'41"
West 2,340.83 feet and North 89°46'19"East 1,055.97 feet from the Southwest corner of
Section 2,Township 2 South,Range 1 West of the Willamette Meridian;thence 251.30 feet
along the arc of a 2,865 foot radius curve to the left through a central angle of 5°01'32"(the
long chord bears South 38°22'35"West 251.22 feet)to a point of compound curvature at
Engineer's Station 119+49.8;thence 206.40 feet along the arc of a 5,521.80 foot radius
curve to the left through a central angle of 2°08'30"(the long chord bears South 34°47'34"
West 206.39 feet)to a point of tangency at Engineer's Station 121+56.20;thence South
33°43'19"West 1,243.80 feet to Engineer's Station 134+00.
The herein described parcels point of beginning is 48 feet Southeasterly and opposite center
line Station 121+56.20 P.T.;thence South 33°43'19"West,parallel to said center line,
202.79 feet to the most Northerly corner of that tract of land conveyed to Tigard East
Associates,recorded in Fee No.87-31809,Washington County Deed Records;thence South
51°02'00"East,along the Northeasterly line of said Tigard East Associates tract 19.91 feet to
a point on the Northwesterly right-of-way line of Taylor's Bridge Road(County Road No.
477);thence North 39°04'00"East,along said right-of-way line 101.61 feet;thence North
21°30'51"East 132.41 feet to a point of cusp;thence 1.43 feet along the arc of a 24.20 foot
radius curve to the left through a central angle of 3023'37"(the long chord bears North
86°44'38"West 1.43 feet)to a point that measures 48.00 feet radially from the center line
of said relocated Pacific Highway West;thence 25.24 feet along the arc of a 5,473.80 foot
radius curve to the right through a central angle of 0°15'51"(the long chord bears South
33°51'15"West 25.24 feet)to the point of beginning.
Page 5,,
APR 6466533 StatuteN Saul War a-}Deco Flee ttp..NCS.644608-0R1(RR)
•rortrLeA late.02/06/2014
PARCEL IV:
A parcel of land lying in the George Richardson Donation Land Claim No.38 in Township 2
South,Range 1 West of the Willamette Meridian,in the City of Tigard,County of Washington
and State of Oregon,and being a portion of Pacific Highway West lying Southeasterly of a
line 48 feet Southeasterly and parallel from the following described center line of the
relocated Pacific Highway West
Beginning at Engineer's center line Station 116+98.50,said station being North 00°13'41"
West 2,340.83 feet and North 89°46'19"East 1,055.97 feet from the Southwest corner of
Section 2,Township 2 South,Range 1 West of the Willamette Meridian;thence 251.30 feet
along the arc of a 2,865 foot radius curve to the left through a central angle of 5°01'32"(the
long chord bears South 38°22'35"West 251.22 feet)to a point of compound curvature at
Engineer's Station 119+49.8;thence 206.40 feet along the arc of a 5,52L80 foot radius
curve to the left through a central angle of 2°08'30"(the long chord bears South 34°47'34"
West 206.39 feet)to a point of tangency at Engineer's Station 121+56.20;thence South
33°43'19"West 1,243.80 feet to Engineer's Station 134+00.
The herein described parcels point of beginning Is 48 feet Southeasterly and opposite center
line Station 121+56.20 P.T.;thence South 33°43'19"West,parallel to said center line,
202.79 feet to the most Northerly corner of that tract of land conveyed to Tigard East
Associates,recorded in Fee No.87-31809,Washington County Deed Records;thence South
51°02'00"East,along the Northeasterly line of said Tigard East Associates tract 19.91 feet to
a point on the Northwesterly right-of-way line of Taylor's Bridge Road(County Road No.
477)and the true point of beginning;thence,along said right-of-way line,North 39°04'00"
East 1001.61 feet;thence North 21°30'51"East 132.41 feet to a point of cusp;thence 52.44
feet along the arc of a 24.20 foot radius curve to the right through a central angle of
124°08'28"(the long chord bears South 22°58'36"East 42.77 feet);thence South 33°25'28"
West 202.22 feet to a point of curvature;thence 8.11 feet along the arc of a 14.02 foot
radius curve to the right through a central angle of 33°08'03"(the long chord bears South
45°52'52"West 8.00 feet);thence North 51°02'00"West 16.64 feet to the point of
beginning.
PARCEL V:
Those specific access points set forth In Deed to the State of Oregon by and through its State
Highway Commission recorded April 5,1988 as Fee No.88013942 and modified by
Instrument recorded October 15,2001 as Fee No.2001-104806.
Pace e q
APN•8466533 Statutory Specie Warranty Deed Fle No.:NCS-644608-0R1(RR)
-condnueo Date:02/06/2014
EXHIBIT"B"
These premises are within the boundaries of the Clean Water Services District and are subject to
the levies and assessments thereof.
An easement for electrical lines,telephone lines,and other facilities and the right to maintain the
same and incidental purposes,recorded October 3,1956 In Book 386 of Deeds,Page 619.
In Favor of: Portland General Electric Company,a Corporation of
Oregon
Affects: A 10 foot strip
An easement for sewer and incidental purposes,recorded October 7,1966 in Book 617 of Deeds,
Page 593.
In Favor of: The City of Tigard
Affects: A 10 foot strip in the Northerly portion
Document(s)declaring modifications thereof recorded January 8,1991 as Fee No.91001295 of
Official Records.
An easement for sewer and incidental purposes,recorded October 7, 1966 in Book 617 of Deeds,
Page 600.
In Favor of: City of Tigard
Affects: A 10 foot strip in the Southerly portion
Abutter's rights of Ingress and egress to or from Padfic Highway have been relinquished in the
document recorded June 22,1987 as Fee No.87031809 of Official Records.
Covenants,conditions,restrictions and easements in the document recorded June 22,
1987 as Fee No.87031809 of Official Records.
An easement for permanent storm drainage and incidental purposes,recorded November 2,1967
as Fee No.87055037 of Official Records.
In Favor of: The City of Tigard
Affects: A 20 foot wide strip
A portion of said easement was released by virtue of Instrument recorded August 19,2003 as
Fee No.2003-138358 of Official Records.
An easement for permanent sanitary sewer and incidental purposes,recorded November 2, 1987
as Fee No.87055038 of Official Records.
In Favor of: The City of Tigard
Affects: A 15 foot wide strip
Page 7 of 9
APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-0R1(RR)
•continued Date:02/06/2014
A portion of said easement was released by virtue of instrument recorded August 19,2003 as
Fee No.2003-138359 of Official Records.
Limited access provisions contained in Deed to the State of Oregon,by and through its State
Highway Commission recorded April 5, 1988 as Fee No.88013942 Deed Records,which provides
that no right of easement or right of access to,from or across the State Highway other than
expressly therein provided for shall attach to the abutting property.
Document(s)declaring modifications thereof recorded October 15,2001 as Fee No.2001-104806
of Official Records.
An easement for traffic control facility and appurtenances and incidental purposes,recorded April
5, 1988 as Fee No.88013942 of Official Records.
In Favor of: State of Oregon,by and through its Department of
Transportation,Highway Division
Affects: The Westerly portion
An easement for underground storm drainage line and appurtenances and incidental purposes,
recorded November 14, 1988 as Fee No.88050770 of Official Records.
In Favor of: City of Tigard
Affects: A 15 foot strip in the Southerly portion
Terms and provisions of an unrecorded lease dated April 1, 1988,by and between Portland
Fixture Limited Partnership,an Oregon limited partnership as lessor and Firestone Tire&Rubber
Company,an Ohio corporation as lessee,as disclosed by a Memorandum recorded July 18,
1989 as Fee No.89032.366 of Official Records.
Abutter's rights of ingress and egress to or from SW Pacific Highway have been relinquished in
the document recorded August 4,1998 as Fee No.98085233 of Official Records.
(Affects Parcel No.III)
Covenants,conditions and restrictions contained in a deed recorded August 4, 1998 as Fee No.
98085233.
(Affects Parcel No.III)
An easement for sidewalk,slope and utility and Incidental purposes,recorded August 4,1998 as
Fee No.98085233 of Official Records.
In Favor of: The City of Tigard
Affects: The West 10 feet of Parcel III adjacent to SW Pacific Highway
page 8 of 9
APN:R466533 Statutory Spedal Warmly Deed Fee No NCS-644608-0R1(RR)
continued Date.02/06/2014
Reservation of utilities In vacated street area and the right to maintain the same as set forth in
Ordinance No.97-09 a copy of which was recorded March 12, 1999 as Fee No.99030484
(Affects Parcel No.IV)
An easement for permanent sanitary sewer and incidental purposes,recorded September 18,
2003 as September 18,2003 of Official Records.
In Favor of: Fee No,2003-158756
Affects: A 15 foot strip In the Southerly portion
An easement for permanent storm sewer and Incidental purposes,recorded September 18,2003
as September 18,2003 of Official Records.
In Favor of: Fee No.2003-158757
Affects: A 20 foot strip In the Southerly portion
Terms and provisions of an unrecorded lease dated March 10,2004,by and between 13500 LLC,
an Oregon limited liability company as lessor and The Sherwin-Williams Company,an Ohio
corporation as lessee,as disclosed by a Notice of Lease recorded May 14,2004 as Fee No.2004-
053709 of Official Records.
The lessor's interest under the lease has been assigned to Mercer Investments,L.L.C.,an Oregon
limited liability company by assignment recorded May 22,2008 as Recording No.2008-046670 of
Official Records.
The following matters disclosed by an ALTA/ACSM survey made by Terramark on August 2,2012
and last revised August 21,2012,designated Job No.20121796:
Building encroachment onto the storm easement recorded September 18,2003 as Fee No.2003-
158757
Terms and provisions of an unrecorded lease dated February 6,2004,by and between 13500
Pacific Corp.,a Michigan corporation as lessor and 13500 LLC,an Oregon limited liability
company as lessee,as disclosed by a Memorandum of Lease recorded August 31,2005 as
Recording No.2005-106607 of Official Records.
The lessee's interest under the lease has been assigned to Mercer Investments,L.L.C.,an
Oregon limited liability company by assignment recorded May 22,2008 as Recording No.2008-
046670 of Official Records.
The effect of the Statutory Warranty Deed for Improvements not Including Land recorded May
22,2008 as Recording No.2008-046669.
Grantor: 13500 LLC,an Oregon limited liability company
Grantee:Mercer Investments,L.L.C.,an Oregon limited liability company
Page 9 o!9
SITE PLAN
CITY OF TIGARD , 7 RECEIVED
Approved PI nning AUG 13 2015
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Applicant's Statement
Property Address: 13500 SW Pacific Highway, Suite 92
Tigard, OR 97223
To Whom It May Concern:
Bon Baguette, Inc(DBA: Bon Baguette) proposes to convert the existing small retail space total of
approximately 1676 square feet to small fast food type restaurant (Bon Baguette#1). The proposed
change does not invoke one or more of the criteria within Section 18.360.050(B).
1. It is not an increase in dwelling unit.
2. It is not a dwelling unit.
3. The change does not required additional on-site parking. The center has total of 632 parking
spaces and with other existing uses the total required amount is 443 spaces(a surplus of 189
spaces). As demonstrated below,the proposal has sufficient parking space and additional
parking is not required.
Use Square Footage Parking Spaces Required Mixed-Use Reduction
Vacant/Retail 113,774 113.774 x 3.0=341.32 (100%)=341.32
Restaurant 7,402 7.402 x 9.0=66.62 (85%) = 56.63
Personal Service 6,743 6.743 x 2.5 = 16.86 (70%) = 11.8
Fast Food Restaurant 6,550 6.550 x 7.0=45.85 (60%) = 27.51
Medical Office 2,450 2.450 x 3.9 =9.56 (60%) = 5.74
Total Parking Required: 443
4. The proposed modification does not change the type of structure as defined by the Building
Code.
5. The proposed modification does not change the building height.
6. The proposed modification is all interior work with-in the unit, no change in location of
accessway(s).
7. Changing from retail to small restaurant will not increase vehicular traffic in any significant
number. By our study 1676 square feet of retail store can generate as much as 80 vehicular
traffic per day while a 1676 square feet restaurant would only generate about 60—80 vehicular
traffic per day and in any case would not exceed 100 vehicles per day.
8. The proposed modification does not increase floor area.
9. The proposed modification does not reduce any common open space or usable open space.
10.
a. The proposed change does not change recreational facilities;
b. Does not change Screening; and
c. Does not change Landscaping provisions.
11. N/A
Should you have any questions, please don't hesitate to contact me at(503) 544-1557
Sincerely,
Tri Nguyen
President &CEO
Bon Baguette, Inc