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MMD2017-00001 MMD2O17 - 00001 Papa Murphy ' s NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2017-00001 Iripl PAPA MURPHY'S TIGARD 120 DAYS = May 9, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: Papa Murphy's CASE NO.: Minor Modification (MMD) MMD2017-00001 PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite Z) at 11705 SW Pacific Highway. The space, 1,773 square feet in size, is changing from a sales- oriented retail use to a fast-food eating and drinking establishment,Papa Murphy's. APPLICANT: Gerald B. Kenney 24794 SW 65th Avenue Tualatin,OR 97062 OWNER: Pacific Crossroads Properties, Inc. By Wyse Investment Services Company Attn: Kathi A. Pearce 1501 SW Taylor Street, Suite 100 Portland,OR 97205 LOCATION: 11705 SW Pacific Highway,Suite Z WCTM 1S136CD,Tax Lot 100 ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where nonconforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MM1)2017-00001 Papa Murphy's 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 on the north side of SW Pacific Highway; south of SW Pfaffle Street,west of SW 78th Avenue, and east of Highway 217. The subject property is a 1,773-square-foot tenant space (Suite Z) within an existing shopping center, which is located in the General Commercial (C-G) zone. The 3.12-acre development site is made up of one tax lot with two commercial buildings and associated landscaping. In April 2015, the City of Tigard Planning Division approved a minor modification to on- site parking and landscaping at this property,in order to accommodate a new right turn lane on SW 78th Avenue (Case No. MMD2015-00012). In that decision, staff found the total off-street parking count to be 159 spaces. No subsequent land use approvals were found that affect the subject site. 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 sales- oriented retail use to a fast-food eating and drinking establishment. The 3.12-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 Required Required Spaces Required Sales-Oriented Retail 24,355 74 100% 74 Fast-Food Eating& 7,841 55 85% 47 Drinking Establishment Eating& Drinking 3,530 32 70% 23 Establishment Personal Services 2,577 7 60% 4 Office 784 3 60% 2 TOTAL 150 Staff finds that 150 parking spaces are required for the entire shopping center, taking into consideration the change of use discussed above. As determined in Case No. MMD2015-00012, the total off-street parking count for the subject property is 159 spaces. Accordingly, staff concludes there is adequate parking at the development site. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are MMD2017-00001 Papa Murphy's 2 met. This criterion is met. 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in 1'DC 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 JANUARY 17, 2017 AND BECOMES EFFECTIVE ON JANUARY 18, 2017 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(&,,tigard-or.gov. January 17,2017 APPROVED BY: Lina Smith Assistant Planner MMD2017-00001 Papa Murphy's 3 n . RECEIVED DEC 2 7 2016 City of Tigard III �� COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD p : . PLANNING/ENGINEERING TIGARD Minor Modification Type I Application PROPOSAL SUMMARY (Brief description) Tenant improvement to an existing retail space for a Papa Murphy's REQUIRED SUBMITTAL ELEMENTS Take N Bake Pizza. While there is no cooking or dining on-site, IE Owner's Signature/Written the City has determined this is a 'fast food'establishment,so a Authorization "Change of Use" is required. Please note that no exterior work or Title Transfer Instrument or Deed site work is being proposed or changed under this project. 0 Site Plan(2 large plans drawn to scale and one reduced to 8.5"x11'/2") Property address/location(s): 11705 SW Pacific Hwy, Suite Z IN Applicant's Statement/Narrative (2 copies)Address criteria in: TDC 18.360.050.B.1-11 Tax map and tax lot #(s): El Filing Fee Site size: FOR STAFF USE ONLY Applicant": Papa Murphy's r�q� A,� r,��,o� Address: 8000 Northeast Parkway Drive, Suite 300 Case No.:1/1M Vancouver, WA 98662 Related Case No.(s): City/state: Zip: 360.449.4028 rachel.jones@papamurphys.com Application Fee: SO• Phone:_ ]:mail: Application accepted: PROPERTY OWNER/DEED HOLDER(S)* Ill Same as Applicant By: Date: \ell`I Name: Jerry Kenney Application determined complet Address: 24794 SW 65th Ave By: Date: i l • Tualatin, OR Zip: 97062 I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014 City/state: Contact name: Jerry Kenney Phone number: 503.970.5700 *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 • wwwtigard-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: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property required. 41t../0"_4(, tE-A1A) .(r) 24-z/, es., Applicant s signature Print name Date Owner's signature Print name Date Kathi A. Pearce 12/21/16 Owner's signature Print name Pacific Crossroads Properties, Ittilkte By: Wyse Real Estate Advisors Its Managing Agent ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Pacific Crossroads Properties, do Wyse REe: Address: 810 SE Belmont Street, Suite 100 Address: Portland, OR 97214 City/state: Zip: City/state: Zip: Signature: ' " +�` 0�t�-f Signature: ga . ,. �.. _,.._. .. a , MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • uwwtigard-or.gov • 503-718-2421 • Page 2 of 2 We certify his instrument to be a true Copy a t. ► ,his if/ire/4-7 Book , age , Fee g70.4t,lq, Records of + t_.t_4i.._County, Oregon. ( WHEN RECORDED RETURN TO: CHICAGO TITLE INSURANCE COMPANY Mark Norby Sy i CLQ l4&P A( Q(314. -t-i'" Stoel Rives LLP Suite 2300 (Space Reserved far Recorder's Use) 900 SW Fifth Avenue Portland, OR 97204 STATUTORY WARRANTY DEED TED L. MILLAR, AS TRUSTEE OF THE TED L. MILLAR LIVING TRUST, Grantor, conveys and warrants to PACIFIC CROSSROADS PROPERTIES, INC., an Oregon Corporation, Grantee, the real property in Washington County, Oregon,described on attached Exhibit A, free of encumbrances except as specifically set forth herein. SUBJECT to the matters set forth on attached Exhibit B. i. The true consideration for this conveyance is$5,273,000. paid to an accommodator pursuant to an IRC Section 1031 exchange. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. \AA_QQ," DATED this 17 day of April, 1 97. —9-Q---s*.- • k Ted L. Millar, as Trustee of the Ted L. Millar Living Trust STATE OF OREGON ) )ss. County of rlultnoma[) The foregoing was acknowledged before me on this 17 day of April . 1997 by Ted L. Millar, as Trustee of the Ted L. Millar Living Trust. [SEAL] 1 ;' Notary P blic for the State of regon •="� .r My commission expires: C? 1,;:)-tJ d Q Cl ? Until a change is requested, all tax statements shall be sent to the following address: Pacific Crossroads Properties, Inc., do Wyse Investment Services Company, 806 SW Broadway, Suite 700, Portland, OR 97205. EXHIBIT A Order No: 164384 LEGAL DESCRIPTION PARCEL I: A tract of land situated in the Southwest quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being described as follows: Beginning at the re-entrant corner on the West line of the George Richardson Donation Land Claim No. 55, in Section 36, Township 1 South. Range 1 West. Willamette Meridian; thence Northerly along the West line of said Richard Donation Land Claim No. 55 a distance of 392.78 feet co a point in the Southerly right of way line of County Road No. 975 (S.W. Pfaffle Street) ; thence South 89°48' East along said Southerly right of way line a distance of 1463.88 feet to an iron pipe on the West line of the Florence Hammer tract as described in Book 117, Page 281, Washington County Deed Records, said point being the true point of beginning of the tract herein to be described; thence South 0°41'11" East alcng the West line of said Hammer tract a distance of 280.81 feet (Saute 0°42' East, 281.15 feet per Deed) to an iron pipe in the North line of that tract of land described in Deed to Herbert V. Krause, recorded June 6, 1945 in Book 244, Page 515, Washington County Deed Records; thence continuing South 0°41' 11" East • along the West line of said Hammer tract a distance of 0 06 feet; thence North 89°18'49" East a distance of 116.32 feet; thence South 0°41'11" East a distance of 0.96 feet to an iron pipe marking the Northeast corner cf said Krause tract; thence South 0°39'21" East along the west Line of that tract of land described in Deed to Charles F. Condon and wife by Deed recorded March 13. 1943 in Book 215, Page 637, Deed Records of Washington County, a distance of 119.78 feet (South, 119.45 feet per Deed) to a point in the Northerly right of way line of SW Pacific Highway 99-W; thence Northeasterly along said Northerly right of way line the following courses and distances; 31.49 feet along the arc of a 11,389.16 foot radius curve to the left through a central angle of 0°09' 30" (the chord of which bears North 57°38'33° East, 31.49 feet; ; thence South 32°26' 13" East a distance of 10.00 feet; thence 248 .69 feet along the arc of a 11.399.16 foot radius curve to the left through a central angle of 1°15' 00" (the chord of which hears North 56°56'17" East, 248 .69 feet) ; thence South 33°41' 13" East a distance cf 10.00 feet; thence 38.95 feet along the arc of a 11,409.16 foot radius curve to the left through a central angle of 0°11' 44" (the chord of which bears North 56°12'55" East, 38.95 feet) to a point in the Westerly right of way line of SW 18th Avenue as described in Fee No. 83 13459, Recorded April 22, 1983, Records of Washington County: thence tracing said Westerly right of way Line the following courses and distances; North 34°02'30" West a distance of 144.41 feet to a point of curvature; thence 107,57 feet along the arc of a 180.00 foot radius curve to the right through a central angle of 34°14'30" (the chord of which bears North 16°55' 15" West. 105.98 feet to a point of tangent; thence North 0°12'00" East a distance of 21.62 feet co a point in the Southerly right of way Line of SW Pfaffle Street (County Road No. 975) ; thence North 89°48'00" West along said Southerly right of way line a distance of 287,76 feet to the true point of beginning. PARCEL II: A tract of land situated in the Southwest quarter of Section 36, Township 1 South, Range 1 West. Willamette Meridian, City of Tigard. in the County of Washington and State of Oregon. Beginning at the re-entrant corner on the West line of the George Richardson Donation Land Claim No. 55, in Section 36, Township 1 South. Range I west, Willamette Meridian; thence Northerly along the West line of said Richardscn Donation Land Claim No. 55, a distance of 392.78 feet to a point in the Southerly right of way line of County Road EXh.ibit A Daae 1 of 3. Order No: 164384 URAL DESCRIPTION No. 975 (SW Pfaftle Street) ; thence South 89'48' East along said Southerly right cf way Line. a distance of 1463.38 feet to an iron pipe on the West line of the Florence Hammer Tract as described in Book 117, Page 281, Washington County Deed Records; thence South 0°41' 11" Ease along the West line of said Hammer Tract, a distance of 280.81 feet (South.0°42' East, 281.15 feet per Dead) to an iron pipe in the North line of that tract of land described in Deed to Herbert V. Krause. recorded June 6, 1945, in Book 244, Page 515, Washington County Deed Records; thence continuing South 0'41' 11" East along the west line of said Hammer Tract, a distance of 0.96 feet co the true point of beginning of the tract herein to be described; thence North 89'18' 49° East. a distance of 116.32 feet; thence South 0°41' 11' East, a distance of 0.96 feet to an iron pipe marking the Northeast corner of said Krause Tract; thence South 0'39'21" East along the West line of that tract of land described in Deed to Charles F. Condon and wife by Deed recorded March 13, 1943 in Book 215, Page 637, Deed Records of Washington County, a distance of 119.78 feet (South, 119.45 feet per Deed) to a point in the Northerly right of way line of SW Pacific Highway 99-W; thence South:'escerly tracing said Northerly right of way line, a distance of 25.23 feet along the arc of a 11.389.16 foot radius curve to the right through a central angle of 1'07'55" (the chord of which bears South 58'17' 17" West. 225.23 feet) Co a point which is 70 feet distant Northwesterly from centerline station 46.08.3 of the relocated centerline of Pacific Highway West; thence leaving said Northerly right of way line and running North 2'56'34' West along the West line of that tract of land that was conveyed to the State of Oregon in Sack 184, Page 541. Records of Washington County, a tistance of 185.08 feet (North 1'42' West, 184.5 feet per Deed) to an iron pipe at the .torchwesc corner of said State of Oregon Tract; thence South 89'19'55" East along the North line of said State of Oregon Tract. a distance of 42.03 feet; thence leaving said North line and running North S8012'32" East. a distance of 49.08 feet, to a paint in the West line of said Hammer Tract; thence North 0.41' 11" West along said West line, a distance of 27.30 feet to the true point of beginning. PARC.:;, 1 1: A non-exclusive easement for ingress. egress, parking and utilities for the benefit of Parcels I and II herein, including the terms and provisions therein. as outlined in the Grant and Declaration of Easements, recorded October 30. 1985. in Fee No. 85043387, Records of Washington County. PARCEL IV: A non-exclusive easement for ingress and egress over the new easement area and for utility purposes under the new easement area for the benefit of Parcels I and II herein as sec forth in Amendment to Agreement for Common Easement recorded August 23. 1994 as in Fee No. 94077512. Records of Washington County, Oregon, described as follows: A tract of land in the Soutneast one-quarter of the Southwest one-quarter of Seccien 36, Township 1 Soucn. Range 1 West of the Willamette Meridian, being more particularly described as follows: Ebdu.bit A Page 2 of 3 • Order No: 164384 LZGAL DESCR:PTIOU BEGIN ING ac a 5/8 inch iron rod with yellow plastic cap inscribe'? "W. B. Wells" at the Southwest corner of that tract of land described as Parcel ;i in Deed Document No. 90-31286 recorded at Washington County Deed Records; thence North 50.11'30" East 201.00 feet to a 5/8 inch iron rcd with yellow plastic cap inscribed W. B. Wells"; thence South 13°20'54" Bast 103.51 feet to a point. said point being the true point of beginning; thence North 59°25'48" East. 111.66 feet to a point, said point being South 2.34'44" East 134,83 feet from a 3/4 inch iron pipe: thence South 2°34' 00' East. 34.39 feet to a point: thence South 30°51'50" East. 14.00 feet to a point on the Northwesterly right of way boundary of S.W. Pacific Highway, said point marking the non-tangent beginning of an 11,389.16 foot radius curve to the right having a central angle of 0'11'46', a chord bearing of South 59.14' 03' West, and a chord distance of 39.00 feet; thence along said curve to the right and along said right of way boundary, 39.00 feet to a point of non-tangency; thence North 30°40'04" West, 14.50 fet to a point: thence South 59°25'49' west. 65.86 feet to a point, said point being North 13'20'54' west 15.08 feet from 5/8 inch iron rod with yellow plastic cap inscribed 'W. 8. wells" : thence North 13°20' 54" West. 31.41 feet to the true point of beginning. • Exhibit A Page 3 of 3 EXHIBIT 11 TITLE EX_C;EPTIONS 1 Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin Valley water District. 2,, The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. 3' A dedication to the public of a perpetual right of way and easement for street, road and utility purposes, including the terms and provisions therein; Recorded: October 15, 1984 Recorder's Fee No. : 84040597 4. Grant and Declaration of Easements for Access and Parking, including the terms and provisions thereof, Dated: October 29, 1985 Recorded: October 30, 1985 Recorder's Fee No. : 85043387 5, Amendment to Agreement for Common Easement. including the terms and provisions thereof; Dated: August 18, 1994 Recorded: August 23, 1994 Recorder's Fee No. : 94077512 6. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: April 23, 1984 Lessor: Ted L. Millar Living Trust Lessee: Plaid Pantries, Inc., an Oregon corporation, d/b/a Plaid Pantry Store No. 149 Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 21, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078859 7, Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: September 4, 1984 and Amended October 11, 1989 and April 28, 1993 Lessor: Ted L. Millar Living Trust Lessee: Petco Animal Supplies, Inc. , successors in interest to Machado e Co., a California corporation Disclosed By; Subordination, Estoppel and Attornment Agreement Dated: September 22. 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078860 Exhibit B Pace 1 of 4 8. Unrecorded Lease. including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: September 10, 1984 Lessor: Ted L. Millar Living Trust Lessee: Baskin-Robbins USA Co., formerly known as Baskin-Robbins, Inc. Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 12, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078861 9. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: October 5, 1984 Lessor: Ted L. Millar Living Trust Lessee: Tandy Corporation, a Delaware corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 5. 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078862 10. Unrecorded Lease, including the terms and provisions thereof, and such ocher exceptions as may appear necessary upon the recording thereof; Dated: November 7, 1984 Lessor: Ted L. Millar Living Trust Lessee: St. Johns Camera Center, Inc., an Oregon corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: September 29, 1995 Recorded: October 30, 1995 Recorder's Fee No.: 95078863 11. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: February 11, 1985 Lessor: Ted L. Millar. as Trustee of the Ted L. Millar Living Trust Lessee: Fabricland, Inc. , an Oregon corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 3, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078864 12. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: March 1985 Lessor: Ted L. Millar Living Trust Lessee: Prosser Piano, an Oregon corporation Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 17, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078865 Exhibit B Page 2of 4 r 13. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: December 13, 1988 Lessor: Ted L. Millar Living Trust Lessee: Mustafa Elcgbi, d/b/a Halal Meats Disclosed By: Subordination, Estoppel and Attornment Agreement Dated: October 23, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078866 14, Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: February 13, 1989 Lessor: Ted L. Millar Living Trust Lessee: Graphic Information Systems, Inc. d/b/a LazerQuick Disclosed By: Subordination, Estoppel and Attornmenc Agreement Dated: September 27, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078867 15. Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: May 30, 1990 Lessor: Ted L. Millar Living Trust Lessee: Room For Dessert, Inc. Disclosed By: Subordination. Estcppel and Attornmenc Agreement Dated: September 18, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078868 16. Unrecorded Lease, including the terms and provisions thereof. and such other exceptions as may appear necessary upon the recording thereof; Dated: September 11, 1990 Lessor: Ted L. Millar Living Trust Lessee: RTM Portland, Inc. Disclosed By: Subordination, Estoppel and Attornmenc Agreement Dated: September 28, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078869 17. Unrecorded Lease, including the terms and provisions thereof. and such other exceptions as may appear necessary upon the recording thereof; Dated: March 28. 1991 Lessor: Ted L. Millar Living Trust Lessee: HRO, Inc. , d/b/a Ham Radio Outlet Disclosed By: Subordination, Estoppel and Attornmenc Agreement Dated: September 28, 1995 Recorded: October 30, 1995 Recorder's Fee No. : 95078870 Exhibit B Page 3 of 4 15, Unrecorded Lease, including the terms and provisions thereof, and such other exceptions as may appear necessary upon the recording thereof; Dated: September 19, 1991 Lessor: Ted L. Millar Living Trust Lessee: Brent W. Hislop and Claudia Hislcp d/b/a Superior Signs Disclosed By: Subordination, Estoppel and Attcrnment Agreement Dated: October 24, 1995 Recorded: October 30, 1995 Recorder' s Fee No. : 95078871 Exhibit 13 Page 4 of 4 Tenant Use Square Footage Petco Animal Supplies Sales-Oriented Retail 10,035 Big 5 Sporting Goods Sales-Oriented Retail 10,000 Arby's Fast-Food Eating & Drinking Establishment 3,072 Plaid Pantry Sales-Oriented Retail 2,400 Sushi Hana Eating & Drinking Establishment 2,030 Radio Shack Sales-Oriented Retail 1,920 Donut Day Fast-Food Eating & Drinking Establishment 1,800 Papa Murphy's Fast-Food Eating & Drinking Establishment 1,773 Tong Thai Restaurant Eating & Drinking Establishment 1,500 Cash Connection Personal Services 1,377 Dream Nails Personal Services 1,200 Baskin Robbins Fast-Food Eating & Drinking Establishment 1,196 Edward Jones Office 784 TOTAL 39,087 ,,, / -,.., .. 4r.., .'. . i V ARO i 1111 Approved by Planning -'/ �'� i )ate: l�J`�-fJ3- �� i liiil s • 49 e initials: L-S �� $w Igr .a»9 Mk wa.ux v / 15: / )-- / ' i i g -XB3 / � �X /o snrtrow«ra lipr Z/ SE/WW1 Rain, . I /. - e , ( :z?R. , 4, , ,, , , i , CA .0 1, I • -.__ _- -_ a ____,.._. , -- B.W.PACl9C F IN AT - - - i g Tenant Use Square Footage Petco Animal Supplies Sales-Oriented Retail 10,035 Big 5 Sporting Goods Sales-Oriented Retail 10,000 Arby's Fast-Food Eating & Drinking Establishment 3,072 Plaid Pantry Sales-Oriented Retail 2,400 Sushi Hana Eating& Drinking Establishment 2,030 Radio Shack Sales-Oriented Retail 1,920 Donut Day Fast-Food Eating & Drinking Establishment 1,800 Papa Murphy's Fast-Food Eating & Drinking Establishment 1,773 Tong Thai Restaurant Eating& Drinking Establishment 1,500 Cash Connection Personal Services 1,377 Dream Nails Personal Services 1,200 Baskin Robbins Fast-Food Eating & Drinking Establishment 1,196 Edward Jones Office 784 TOTAL 39,087 r , Ken McCracken, Architect Architecture • Permitting • Program Management 16219 5L 12tk Street,5tc 202,Vancouvcr,WA 98685• (56o)901-5158 December 21, 2016 Cheryl Caines City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503-718-2437 RE: CHANGE OF USE NARRATIVE TENANT IMPROVEMENT: Papa Murphy's 11705 SW PACIFIC HWY, STE Z,TIGARD, OR Cheryl: Papa Murphy's is proposing a tenant improvement remodel at the above referenced location. This building is a former HAM Radio Shop retail space. Papa Murphy's provides a quality product for a reasonable price. Pizzas are prepared onsite for customers to purchase and take home to cook and enjoy. There is no cooking or dining on the premises. Because of these circumstances, Papa Murphy's is typically considered a mercantile establishment. Since food is involved, the City of Tigard staff has deemed this project a 'fast food' use. We are requesting a Change of Use (Minor Modification) to allow our project into the existing tenant space. Since there is no eating in the space, customers are on the premises for a relatively short amount of time. The average wait time for customers is approximately four minutes. The scope of this project is an interior tenant remodel. We are not proposing any exterior work or site work as a result of this project. All existing utilities will remain and be re-used. We thank you for your time. and we anoreciate you considering our nroiect for Please call 360.719.1952 if you have any further questions regarding this project. Respectfully, /4,4(b Martin D. Lakey Production Manager Ken McCracken, Architect 16219 SE 12th Street, Suite 202 Vancouver, WA 98683 P. 360.719.1952 F. 360.719.1955 E. mlakey@pmdginc.com