MMD2016-00019 MMD2O16 - 00019
Horn Construction
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2016-00019 1111
HORN CONSTRUCTION
TIGARD
120 DAYS = October 12, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Horn Construction
CASE NO.: Minor Modification (MMD) MMD2016-00019
PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite 160) at 11642
SW Pacific Highway. The 1,126-square-foot space will be changing from a motor
vehicle sales/rental use to an office use,Horn Construction.
APPLICANT: Horn Construction
Attn:Jushua Horn
11008 SW 615t Avenue
Portland, OR 97219
OWNER: Ronald V. &Roberta E. Champion
16449 Lexington Court
Lake Oswego,OR 97034
LOCATION: 11642 SW Pacific Highway,Suite 160
WCTM 1S136DB,Tax Lot 2400
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.
MMD2016-00019 Horn Construction 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 11642 SW Pacific Highway; south of SW Pacific Highway, west of SW 72nd
Avenue, and east of SW Dartmouth Street. The subject property is a 1,126 square-foot tenant space
inside an existing 6,968 square-foot, two-story commercial building. The 0.78-acre development site
also includes a single-family dwelling on the southern end of the property, 32 parking spaces, and
associated landscaping. The site is located in the General Commercial (C-G) zone, and the Tigard
Triangle Plan District.
In March 2016, the City of Tigard Planning Division approved a change of use for the subject tenant
space (Suite 160) to motor vehicle sales/rental (Case No. MMD2016-00009). However, the current
applicant now proposes an office use,Horn Construction,in Suite 160.
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 1,126-square-foot space will be changing from a
motor vehicle sales/rental use to an office use. The approximately 0.78-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 Required Required Spaces Required
Sales-Oriented Retail 2,855 9 100% 9
Fast Food Eating& 1,644 12 85% 10
Drinking Establishment
Motor Vehicle 1,159 4 70% 3
Servicing/Repair
Office 1,126 4 60% 2
Personal Services 184 1 60% 1
TOTAL 25
Staff finds that 25 parking spaces are required for the entire development, 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 32 parking spaces provided.
Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are
met.This criterion is met.
MMD2016-00019 Horn Construction 2
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.
,- im.-- - ►lam----
-
THIS DECISION IS FINAL ON JUNE 15, 2016
AND BECOMES EFFECTIVE ON JUNE 16, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSa.tigard-or.gov.
June 15,2016
APPROVED BY: Lina Smith
Assistant Planner
MMD2016-00019 Horn Construction 3
RECEIVED
City of Tigard JUN p 7 2016
,IN
r COMMUNITY DEVELOPMENT DEPARTMENT
_ C TY OF TIGARD
TIGARD Minor Modification Type I �p e ING
PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL
New tenant to occupy vacant space to be used for a Construction ELEMENTS
company Owner's Signature/Written
k• Il • i-e•- • ..e 'o• I- , i.• 'I• I- , .•'1- 11 , -Authorization
new trim &drywall repairs Vide Transfer Instrument or Deed
Refer to MMD2012-00007
Site Plan(2 large plans drawn to scale
nd one reduced to 8.5"x111/2")
Property address/location(s): 11642 SW Pacific Hwy Applicant's Statement/Narrative
(2 copies)Address criteria in:
Tigard, OR 97223 TDC 18.360.050.B.1-11
Tax map and tax lot #(s): I.D# IS136DB02400 Filing Fee
Acct# R285168
Site size: 0.78 Acres (33,976 SF)
FOR STAFF I S1? ONLY
Applicant*: Jushua Horn Case No.: /Y` 7+U ge (en,
Address: 11008 SW 61st Ave.
Portland, OR Related Case No.(s):
City/state: Zip: 97219 _ +�/U
Phone: (503) 403-8830 Email: jhorn@hornconstruct.com Application Fee: 7" C?
Application/ accepted: )
Z.
PROPERTY OWNER/DEED HOLDER(S)* ❑ Same as Applicant By. v'�^� Date: /
Name: Ron & Roberta Champion Application determined complete:
Address: 16449 Lexington Court By: G-- Date:___&Iighte
City/state: Lake Oswego, OR Zip: 97034 i'.\CURPLN\Masters\Land Use Applications Rev.11/24/2014
Contact name: Casey Bernard
Phone number: (503) 997-1608
*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(8)(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
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:
• i .. u. .4 . : I. .� h. .e
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
ry) Ce
App is signature Print name Date /
Cast� //
Owner's st a c � BE�1�i P�1�3 � L_7"l am'
Print name Date
CSE ATTACHED APPItovRL- LEI-MILS
FOR CKEI TO 'aiC.• 4 MR- MN AND
Owner's signature Print name QAmem Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name:
Name:
Address; Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard 13 t 25 SW Hall Blvd. • Tigard,Oregon 9723 • wwwtigard-or.gov • 503-718-2421 • Page 2 of2
Bobbi Champion
RECEIVED
16449 Lexington Court J u N o 7 2016
Lake Oswego, OR.97034 CITY OF TIGARD
PLANNING/ENGINEERING
503-656-5522
503-484-3611
May 3, 2015
To Whom It May Concern:
I give permission to Casey Bernard to sign any necessary papers
pertaining to the property located at
11644 — 11642 SW Pacific Highway
Tigard, OR 97223
Thank you,
Roberta (Bobbi) Champion
From: Ron Champion <ronchamp52@yahoo.com> R E C E V ED
To: "caseysbernard@yahoo.com" <caseysbemard@yahoo.com>, "slaterarch@hoti1016
<slaterarch@hotmail.com> JINU
Sent: Fri, Mar 30, 2012 14:32:39 GMT+00:00 CITY OF TIGARD
Subject: Re: Commercial building on Pacific in Tigard
PLANNING/ENGINEERING
Good morning.
If I understand your requirements,the following should be all you need. If not,please let me
know and I will provide whatever other info you require.
I, as part owner of the commercial building on Pacific Highway in Tigard, authorize Casey
Bernard to sign for me for permits that apply to this project.
RON CHAMPION
25884 SW CANYON CREEK RD. #J302
WILSONVILLE, OR 97070
503/228-6868
ronchamp52@yahoo.com
Have a great day,
Ron
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re.
1 MARRAETY DEED '
• Ui
F• FRANK D. HARTWICx and EURMA R. HARTWICK, as tenants by the
F- entirety, Grantor, conveys and warrants to RONALD V. CHAMPION and
ROBERTA E. CHAMPION, husband and wife, Grantee, that certain property
• Z located in the City of Tigard, County of Washington and State of
CC
W Oregon, more particularly described on the attached Exhibit A.
F-
.
(/) The true and actual consideration for this conveyance is y
• W $250,000. ',.
Until a change is requested, all tax statements shall be
CD sent to the following address:
0 Ronald V. Champion and Roberta E. Champions,•)
x 11642 S.W. Pacific Highway c.
r 0 Tigard, OR 97223 . `,'
0 .itt f
Ui 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,
j` THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES.
Dated this 24th day of December, 1986.
� ' i
r 1 r ,Y,ltz .C/ 4.-e4
�'li
Frank //Hartwickk
C-4-441
Eurma R.it-if
E�artwlck
AFTER RECORDING RETURN TO: �/
Ronald V. Champion and Roberta E. Champion
11642 S.W. Pacific Highway
Tigard, OR 97223
•
��aL
4^�i,yA WA]NI!:;TON COUNTY
RCAF IR'PERrr TRANS.(R AIX
d �n dais •DD la•ab•Yip-
+ 1. MI MW DMTL.
1 - Warranty Deed
RECEIVED ;
• — -• FAY 152012 .
f
{ , t r• CITY OF TIGARD
N, i, ,'"r ...
PLANNING/ENGINEER
' a °' •1' i ' ' '
• ' 2.•
,
en STATE OF OREGON ) ..•.;4;
ss. ?•
F •,. • County of ingim ) 14a-
OThe foregoing instrument was acknowledged before *e 24th .q.9;,;'
day of December, 1986, by Frank D. Hartwick and Eur* R. Hartwick. ,
o R:P
�� i�.--•
� •. Nota Pubic or Oregon
' •,,..4..;.• ':' O My commission pires: 6/5/1990
i41.
.
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e.:
•
aF
•
2 - Warranty Deed
i • ;,.. '
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'1t
o ' EXHIBIT A
l ---Beginning at the Northeast corner of the George Richardson •
.„ 1 Donation Land Claim situated in Section 36, Township 1 South, Range
1 West of the Willamette Meridian, Washington County, Oregon, and
0
running thence South 0'13' West 794.46 feet to a point in the
center-line of Red Rock Road; thence North 89'47' West 20.00 feat to •
a railroad spike marking the intersection of the westerly right-of-
way of said Red Rock Road with the southerly right-of-way line of
the present alternate State Highway No. 99W right-of-way line;
thence following said State Highway right-of-way line on a curve to •
the right having a radius of 1462.40 feet (the long chord of which
bears South 59'26' West 244.32 feet) a distance of 244.59 feet to a
O one-half inch iron rod set as a State Highway right-of-way line
monument; thence continuing along said right-of-way line South
64'13' West 338.05 feet to a one-half inch iron rod marking the
intersection with the present right-of-way line of primary State
Highway No. 99W; thence following said right-of-way line South
54'01' West 250.93 feet to an iron pipe, said iron pipe marking the
true point of beginning of this description; thence continuing South r . •,
54.01' West 83.68 feet to a one-half inch iron rod set as a State +,1
Highway right-of-way monument; thence South 53'34' West 23.90 feet
to an iron pipe; thence South 0.30' West 537.33 feet to an iron
pipe; thence South 88.10' East 86.50 feet to an iron piper thence
North 0'30' East 602.12 feet to the true point of beginning of this
description. ---
SUBJECT To and excepting the following:
1. Easement, including the terms, rights and
provisions thereof,
For : drainage purposes
Granted to : FRANK D. HARTWICK and EURMA R. HARTWICK,
Recorded : January 10, 1967
Book : 627 Page : 46
Location : West 10 feet
2. Conditions, restrictions, easements and setback
lines, including the terms and provisions thereof
in Document,
Recorded : January 26, 1972
Book : 852 Page : 149
3. All unrecorded leases and tenancies.
STATE OF OREGON 1
County of Washington S9
I.Donald W.Mason,Osseto,of Assessment
and Tamanon and Ex-ONkro Records of Con-
veyances for said countydo b raby aerate that
the rn o,ru ,o d writing was d
and racordedo book d records d led county
Oonad W. Mason, Laredo: of
Asaaavnnf and Taxation• Ea-
Ofhdo Courtly Clerk
•
19116DEC 26 AM 10:53
•
t I Mt , 1
CITY OF TIGARD RECEIVED
Approved by Planning JUN 0 7 2016
PROJECT INFORMATION -Date: (e ! c//0 CITY OFT ,4,r{1.}
nommen owe+. -Wal A SLA
gree '°�rAitials: LS TYPE I - MINOR MODIFICA=T ?ING11060�
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cabs...6TON 96607
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s,re AmiCITY OF TIGARD TIGARD,OREGON
TAX o HAww• ,s456,e024o0
SEAL.
TAX AMOUNT 661.16 6263168
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CITY OF TIGARD RECEIVED
/z io i
i
/ 0 , L1I SE.IF DATE\
Approved byPlapning
NIA —
D -- REVISION.
Date: &PCPO JUN 07 2016 \
TYPE I
Initials: L.--g CITY OF TIGARD _. APPUCATION
PLANNING/ENGINEERING
aruisol.,
NORT1-.
LOWER FLOOR PLAN Qi i 9 EtT NO.
A-21
FLOOR PLAN
RECEIVED
4913JUN 0 7 2016
CITY OF TIGARD
PLANNING/ENGINEERING
HORN CONSTRUCTION
City of Tigard May 31, 2016
13125 SW Hall Blvd
Tigard, OR 97223
RE: NARRATIVE
MINOR MODIFICATION-TYPE I APPLICATION
Site Address: 11642 SW Pacific Hwy, Tigard, OR 97223
Tax ID Number: 1 S 136DB02400
Tax Account Number: R285168
The property owner seeks to obtain a Type I Minor Modification to mobilize a tenant in the
existing building located at the property described above. The existing commercial structure on
site is a two-story building with lease space on the upper and lower levels. There are two existing
tenants on the upper floor: 1) A restaurant(George's Giant Hamburgers) at the north end, and 2)
a medical marijuana dispensary at the south end, both of which will remain. The lower floor also
has two existing tenants: 1) A barber shop and 2) an auto detailing shop, both of which will
remain. I seek to occupy a now vacant portion of the building with a construction business. The
balance of the lower floor shall remain vacant at this time.
I seek to occupy 1,126 square feet of the lower floor. There are currently 32 on-site paved stalls,
which is adequate for my business's requirements. See attached site plan for parking calculations
based on each occupant type.
No modifications to the building are proposed for the conversion. The existing building height,
setbacks and square footage will not be affected by the minor modifications.
The evaluation criteria from the City of Tigard Municipal Code, Section 18.360.050.B.1-11 to
determine that this project qualifies for a Minor Modification are addressed below:
1. This is not a residential development,there, is not applicable
2. No additional on-site parking stalls are required for this application.
3. A change in the type of commercial structure is not proposed or required.
4. The existing building height is not affected by this proposal.
5. No change is proposed to the type and location of access ways and parking areas for
off-site traffic.
6. The proposed use of the building would not increase vehicular traffic exceeding 100
vehicles per day.
7. The proposed tenant would occupy existing building area. No additional square
footage is proposed.
8. The existing common open space is not reduced below the minimum require or by
10%by this proposal.
9. No changes are proposed to the project amenities.
10. No known changes are proposed to the prior conditions of approval for this site.
Thank you for your consideration of this proposal.
Sincerely,
Jushua T Horn
Horn Construction Inc.