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MMD2016-00018 MMD2O16 - 00018 Fastsigns NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2016-00018 FASTSIGNS TIGARD 120 DAYS = September 22, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: Fastsigns CASE NO.: Minor Modification(MMD) MMD2016-00018 PROPOSAL: The applicant is proposing a change of use to a tenant space at 12176 SW Garden Place. The space, approximately 4,800 square feet in size, is changing from a religious institution to an office use,Fastsigns. APPLICANT: Mildren Design Group Attn: Betty Sheppeard 7650 SW Beveland Street,Suite 120 Tigard,OR 97223 OWNER: IndCor Properties,Inc. c/o Kidder Matthews Attn:Jessica Gies One SW Columbia Street,Suite 950 Portland,OR 97258 LOCATION: 12176 SW Garden Place WCTM 2S101BB,Tax Lot 1400 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. MMD2016-00018 Fastsigns 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 12176 SW Garden Place; north of SW Hunziker Road, south of SW Garden Place, and west of Highway 217. The subject tenant space is approximately 4,800 square feet in size, and is located within an existing office building (Building 3). The 13.24-acre development site is made up of one tax lot and contains four commercial buildings,landscaping, and 477 parking spaces. The site is zoned General Commercial (C-G). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a Minor Modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title; and FINDING: 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 religious institution to an office. The 13.24-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 Spaces Footage Required Required Required Office 37,174 101 100% 101 Bulk Sales 22,566 23 85% 20 Motor Vehicle 17,408 18 70% 13 Sales/Rental Indoor 8,005 35 60% 21 Entertainment Repair-Oriented _ 7,056 ___ 24 60% —__14 Retail -- ----TOTAL 169 Staff finds that 169 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 477 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. 2. The modification is not a major modification. MMD2016-00018 Fastsigns 2 FINDING: Staff finds that the changes listed in IDC 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 MAY 31, 2016 AND BECOMES EFFECTIVE ON JUNE 1, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@a,tigard-or.gov. May 31,2016 APPROVED BY: Lina Smith Assistant Planner MMD2016-00018 Iastsigns 3 APPLICANT MATERIALS RECEIVED „ ., - - City of Tigard MAY 2 5 2016 C COMMUNITY DEVELOPMENT DEPARTMENT r I TIGARDi Minor Modification Type I A liF TIGARD .f J�' pp /ENGINEERING PROPOSAL SUMMARY (Brief description) -t-e.KANI- I l ralerdr �F REQUIRED SUBMITTAL �� ,, _ ELEMENTS crrtetvk.i I s , -h 01 Owner's Signature/1uG'ntten a•ithonzation ��tle Transfer Instrument or Deed Site Plan(2 large plans drawn to scale and one reduced to 8.5x1 l'•z") Applicant's Statement/Narrative Property address/location(s): I Z fl(, kA J h PI Ak (2 copies)Address criteria in • TF)( 18 360 ilii)B l 11 Tax map and tax lot #(s): - Filing Fee Site size: it 1,51 (t 3•G A- '\ FOR STAFF USE ONLY Applicant': NA.i t r(.reg., �11`tN t-yi Case No. M M D OOQI�J Address: ***.h." FlA3 13• ..trit - !z'tkC -o OR- ,� q Related Case No(s) City/state: -Lip: 117.3 Application Fee 71 ,) Phone:FL, ,z Email: *.4-tial e M cpc . S Application accepted By: IliDate s) a C111, PROPERTY OWNER/DEED HOLDER(S). 0 Same ac:Applicant Name: ( I� G:QQ Application determined complete. Address: O1"'1- - Is° By: Date: S-2.// City/state: FU41.41....-41 '_ d Zip: on { P\NNPW\Ma,tenWndu,,Apd,olani Rev 11/14fJ014 Contact name: Xf'rt� �Y�C r Phone number: 5ci3.7-24 e 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 ODO(B or 'g1.020(B! 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 Tide 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,budding 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 • wwwugard-orgov • 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: • • • ... • of. •. ei .s •. . S : i.• g, .. • Ivo • . .i.• . ... . . . .. .•. • 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 tach owner of the subject property required. A licant's signature P nt name Date cs2tt �1�; ', ops cf 1 CSN 6`t�w�' PO, , �. t,Ut'st, —LCA Jsss\c L L . C-v\es 5/2--1/1 to Nick Ows signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip. City/state: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwttgard-or.gov • 503-71B-2421 • Page 2 oft RECEIVED MAY 2 5 2016 CITY OF TIGARD PLANNING/ENGINEERING a4 a`+' k THIS SPACE RESERVED FOR RECORDER'S USE rS� After recording return to: Skadden, Arps, Slate, Meagher & Flom LLP 155 N. Wacker Drive Chicago, Illinois 60606 Attn: Matea Bozja Until a change is requested all tax statements shall be sent to the following address: IndCor Properties, Inc. c/o Ryan PO Box 460169 Houston,TX 77056-8169 Date: STATUTORY SPECIAL WARRANTY DEED CWOR Park BC 8, L.L.C., Grantor, conveys and specially warrants to Icon Owner Pool 1 West, LLC, Grantee,the following described real property free of encumbrances created or suffered by the Grantor except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington County, State of Oregon, described as follows: See attached This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record as of the date hereof, including those shown on any recorded plat or survey. The true and actual amount of consideration for this conveyance is $ . (Here comply with requirements of ORS 93.030) Page 1 of 2 7)-11950 SW Garden PI Statutory Warranty Deed -continued 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, 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 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 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. CWOR Park BC 8, L. / By:Y Name: Ma X'e:n Title: f,.ta.r+4v. j/!cc lPrx's F_LtSAr Dated this day of 2015. State of New York County of New York, ss: On the day of c.ko(Na<‘) in the year 2015, before me,the undersigned personally wed appeared Neil Klein, the Executivd Vice President— Legal of CWOR Park BC 8, L.L.C., a Delaware ,Iab,t� 99elewcne, on behalf of said Grantor, personally known to me or proved to me on the basis of satisfactory ;aw, a evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the Individual(s) acted, execu -• the instrument. Ale Notary P blit/ r PRICES FELKER = Public,State of New Ybit No.01 FE6318881 Qualified in Queens County Page 2 of 2 Commission Expires Dec-15,201e Legal Description PARCEL I (PARK 217): LOTS 1, 2,3 AND 4,CROW PARK 217, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON. PARCEL IA: TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS CONTAINED IN THE RECIPROCAL EASEMENT AGREEMENT RECORDED AUGUST 26, 1985 AS FEE NO. 85033260.SAID EASEMENT IS FOR THE BENEFIT OF LOTS 2 AND 3 LISTED ABOVE. PARCEL II (LEWIS BUILDING): BEGINNING AT THE SOUTHEAST CORNER OF LOT 4,TIGARD ROAD GARDENS, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON,AND RUNNING THENCE NORTH 20° 10' WEST ALONG THE EASTERLY LINE OF SAID LOT 4,A DISTANCE OF 494.8 FEET, MORE OR LESS,TO AN IRON PIPE ON THE SOUTHEASTERLY LINE OF THAT PORTION OF SW PACIFIC HIGHWAY 99W CONVEYED BY THE STATE OF OREGON, BY DEED RECORDED OCTOBER 26, 1939 IN BOOK 184, PAGE 0539, WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 62°54' 20" WEST ALONG THE SOUTHEASTERLY LINE OF SAID PACIFIC HIGHWAY 110.46 FEET TO AN IRON PIPE; THENCE SOUTH 9° 29' 10" EAST 253.66 FEET TO AN IRON PIPE; THENCE SOUTH 83°04' 30"WEST A DISTANCE OF 50.05 FEET TO AN IRON PIPE; THENCE SOUTH 9° 29' 10" EAST 190.35 FEET TO AN IRON PIPE; THENCE NORTH 83°04' 30" EAST 247.2 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO KNAUSS CHEVROLET COMPANY DEED RECORDED JULY 10, 1962 IN BOOK 468, PAGE 0389,WASHINGTON COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN DEED TO KNAUSS CHEVROLET COMPANY, RECORDED IN BOOK 456, PAGE 0199,WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 9°29' 10" EAST ALONG THE EAST LINE THEREOF 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 83°04' 30" EAST 20 FEET TO A POINT; THENCE SOUTH 9° 29' 10" EAST TO A POINT ON THE SOUTH LINE OF LOT 4,TIGARD ROAD GARDENS; THENCE SOUTH 83°04'30"WEST 70.05 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 9°29' 10"WEST ALONG THE WEST LINE OF SAID LOT 4,A DISTANCE OF 190.35 FEET TO A POINT; THENCE NORTH 83°04' 30" EAST 50.05 FEET TO A POINT; THENCE NORTH 9°29' 10"WEST TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT TRACT CONVEYED TO KNAUSS CHEVROLET COMPANY BY DEED RECORDED JULY 31, 1963 IN BOOK 492, PAGE 0250,WASHINGTON COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS: NCS File#694300-72 PART OF LOT 4,TIGARD ROAD GARDENS, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THAT TRACT CONVEYED TO KNAUSS CHEVROLET CO., BY DEED RECORDED JULY 30, 1962 IN BOOK 468, PAGE 0389, WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 09°29' 10" EAST ALONG THE EAST LINE OF SAID KNAUSS TRACT 294.01 FEET TO THE SOUTHEAST CORNER THEREOF WHICH IS ON THE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 53.42 FEET; THENCE NORTH 13°03' 30" WEST A DISTANCE OF 295.41 FEET TO A POINT; THENCE SOUTH 83°04'30"WEST A DISTANCE OF 35 FEET TO THE PLACE OF BEGINNING. FURTHER EXCEPTING THEREFROM THAT PORTION ACQUIRED BY WASHINGTON COUNTY FOR PUBLIC ROADWAY BY STIPULATED JUDGMENT RECORDED OCTOBER 6, 2011 AS RECORDING NO. 2011 069537. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01,2008. PARCEL III: TOGETHER WITH THE EASMENT FOR INGRESS AND EGRESS AS CONTAINED IN DECLARATION RECORDED OCTOBER 22, 1981 AS FEE NO. 81035796. R1276327, R1276318, R1276345, R1276336, R1276354, R1276363, R458196 and R458203 NCS File#694300-72 RECEIVED 6' asSugns Tcnn1t llmprovcmcnit / M DESIGN GROUP,MAY y 5 201V ^7650 S.W.BeveWd Suite 120 Tigard.Oregon 972238692 1503)211.0552 birk 217 Tlland Oron OFg r PLANNING/ENGINEERING NI lii, ck. � tc,„„io, .t), GLP i CITY O- TivAftD 1 One SW Columbia-Supe 950 I "=� ' Approved by Piarning P Oregon 97258 S I \ 1 Tl for �,� ect � A. Date: / FastSigns r � r� ��, �, , : • Initials: III : ' 1 Tigard. OM.en Place — /._ /1�) Shen Title .1�71(f�l/S /�� I� f /.• `.. a .... Ij�/`, • • \ -' lU� ` • Site Plan 4 . --p, -v./ \ Amir NArM of Work Be.... 141100 Site Plan IL i 0 50 W a Date 24 May 2016 Dream be: Checked be BK Job Number 116052 Sheet Minor Modification-Type I-May 2016 A1.1 MILDREN DESIGN GROUP,P.C. Architecture • Space Planning May 24, 2016 Project Description: We are proposing an approximate 4,030 sf interior tenant improvement to an existing building located at 12176 SW Garden Place, property ID #2S101BB01400in Washington County. The previous tenant was a church or an A occupancy. Past tenants were Office/Warehouse. Current and past tenants in the building are and have been Office/Retail/Manufacturing/Warehouse. The proposed use will be Office/Customer Service/Production/Warehouse. No exterior modifications are proposed. Per TDC 13.360.050.6 : 1. Not applicable. 2. Not applicable. 3. No additional parking will be required. 4. No change in the type of commercial structure. 5. Not applicable. 6. No change in the type and location of accessways and parking areas. 7. No increase in vehicular traffic to and from the site can be expected to exceed 100 vehicles per day. 8. No increase in floor area. 9. Not applicable. 10. Not applicable. 11. No modifications to other conditions imposed at the time of site development review approval. 7650 SW Beveland Street,Suite 120 Tigard,Oregon 97223 503 244 0552 Fax 503 244 0417 Lina Smith From: Betty Sheppeard <betty@mdgpc.com> Sent: Wednesday, May 25, 2016 4:06 PM To: Lina Smith Subject: RE: 116052\FastSigns TI - MINOR MOD Building 3 Wunderlick-Malec Engineering : 4,800 sf Community Maintenance Services : 4,800 sf FastSigns : 4,800 sf All About Travel : 10,020 sf Jory Software : 3,980 sf Image Broadband : 3,365 sf Pacific Diabetes : 2,209 sf Harris Worksystems : 6,499 sf Building 4 Ranstand US : 3,200 sf Ricoh Office Solutions : 15,995 sf PAW Fitness : 8,005 sf Building 5 WBP Inc : 7,056 sf Building 6 Custom Decorators : 16,067 sf BMW Motorcycles : 17,408 sf On Wednesday, May 25, 2016 3:24 PM, Lina Smith wrote: Date: Wed, 25 May 2016 22:24:08 +0000 From: Lina Smith To: Betty Sheppeard <bettymdgpc.com> Subject: RE: 116052\FastSigns TI - MINOR MOD Thank you Betty. Can you also send me a list of all tenants at this development site, and the square footage of each tenant space? Lina Smith Assistant Planner City of Tigard Community Development 1 13125 Hall Blvd.Tigard, OR 97223 E-mail: LinaCS@tigard-or.gov From: Betty Sheppeard [mailto:betty@mdgoc.com] Sent: Wednesday, May 25, 2016 3:10 PM To: Lina Smith Subject: 116052\FastSigns TI - MINOR MOD Hi, Lina, Here is the breakdown of the spaces : Office : 1,180 sf Production : 1,648 sf Warehouse : 1,203 sf Total : 4,031 sf Please let me know if you have additional questions. Thanx! Mildren Design Group I Betty Sheppeard 7650 SW Beveland Street, Suite 120 Tigard, Oregon 97223 betty@mdgpc.com I www.mdgpc.com 1503-244-0552 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2