MMD2017-00015 NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2017-00015 1111
JEVO T I GARD
120 DAYS = August 30, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: Jevo
CASE NO.: Minor Modification (MMD) MMD2017-00015
PROPOSAL: The applicant is proposing a change of use to a tenant space at 16100 SW 72nd
Avenue. The 24,070-square-foot tenant space was previously vacant, and will now
be occupied by a research and development use,Jevo.
APPLICANT: Pacific Realty Associates,L.P.
Attn: Leslie Louis
15350 SW Sequoia Parkway,Suite 300
Portland,OR 97224
OWNER: Same as applicant
LOCATION: 16100 SW 72"d Avenue
WCTM 2S113AA,Tax Lot 500;WCTM 2S113AB,Tax Lot 100
ZONING
DESIGNATION: I-L: Light Industrial District. The I-L zoning district provides appropriate
locations for general industrial uses including industrial service, manufacturing
and production, research and development,warehousing and freight movement,
and wholesale sales activities with few, if any, nuisance characteristics such as
noise,glare,odor,and vibration.
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
b1MD2017-00015 Jevo 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 16100 SW 72nd Avenue (WCTM 2S113AA, Tax Lot 500; WCTM 2S113AB,
Tax Lot 100); south of SW Upper Boones Ferry Road, east of SW 72nd Avenue, and west of Interstate
5. The 2.03-acre site is made up of two tax lots, and contains one industrial building, on-site parking,
and associated landscaping. The site is part of the Oregon Business Park I industrial complex, and is
zoned Light Industrial (I-L), as are adjacent properties to the north, south, and east;adjacent properties
to the west are zoned Industrial Park (I-P).
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 subject tenant space is 24,070
square feet in size, and will be occupied by a research and development use (Jevo). The remainder of
the 34,069-square-foot industrial building is occupied by a wholesale sales use (Encore Brokers). The
table below shows the site's minimum off-street vehicle parking requirement, based on the calculations
in TDC Table 18.765.2:
Use Category Square Minimum Off-Street Vehicle Total Parking
Footage Parking Requirement Spaces Required
Research and Development 24,070 2.0/1,000 square feet 49
Wholesale Sales 9,999 0.8/1,000 square feet 8
TOTAL 57
Staff finds that 57 parking spaces are required for the subject site. Based on the applicant's submitted
site plan,there is adequate parking at the site,with 73 spaces provided.This standard is met.
The proposed development complies with all applicable requirements of this Title,as demonstrated by the
analysis contained within this administrative decision.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.
MMD2017-00015 Jcvo 2
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 4, 2017
AND BECOMES EFFECTIVE ON MAY 5, 2017
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS( tigard-or.gov.
1� � May 4.2017
APPROVED BY: Lina Smith
Assistant Planner
MMD2017-00015 Jevo 3
H
n
RECEIVED
• City of Tigard MAY 02 2017
COMMUNITY DEVELOPMENT DEPARTMENT MY.OFTIGARD
Minor Modification Type I AppliegtffittpINEERING
1TIGARD'
PROPOSAL SUMMARY (Brief description)
REQUI°LAt ei/9tin 5pUCe. ELEMENTS
SD ITTAL
y� en /`v 1 I fl` • e e °1 i c� Owner's Sl ature/Written
Ze� o m revi o u, M i ho M odl l ei CA-1101 .
.� � �Authorization
VP
L/l61(1 C6UOth rel�n apt ,n9 ael e Q u�4e . ) Title Transfer Instrument or Deed
9 Site Plan (2 large plans drawn to scale
and one reduced to 8.5"x11!/2")
p -7 7 h0 ^ve Applicant's Statement/Narrative
Property address/location(s): 4P l 00 J W i G !'1
r or t I und ` O , 1 1 22.1-
2 • TCcopies)S. Address criteria in:
I .LDC: t8.3Gii.U3O.li.1-II
Tax map and tax lot #(s): W CT M 2 51 (3 AA, Iox Lok S 0 G Filing Fee
\A GM 26 (I3 13, Tax Le loO
Site size: 9 3, 9'1t e 5 F
FOR STAFF USE ONLY
Applicant': Le ' t1 - r g Ty L1z +' Case No.: MMD U n - 00 015
Address: 15350 5 W 5.e a u n l of PUrkrtcv *NO
L ey Related Case No.(s):
City/state: FO'4-1andl . �� nn Zip: erg 2.4 3 0,0
Phone:5-01—(024-(4300 Email: /6 e s(,� eaCI< Asi-hC �
Application Fee:
Application accepted:
PROPERTY OWNER/DEED HOLDER(S)• Same as Applicant B1'' w) Date: S f 2 11
Name: Application determined complete:
Address: By: Date: S
City/state: Zip: 4:\CURPLN\Masters\Land Use Applications Rev.11/24/2014
Contact name:
Phone number:
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(11) or
18. 30.020',B)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
• 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.
\971M \l'6Yu s L epi U e L o ui 5 May z, 2 017
Applicant's signature Print name Date
\j e \tu S L- i e L oU t May 2, 201'1
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
Washington County,Oregon 2016-003715
D-DW
Stn=24 C WHITE 01/19/2016 03:58:59 PM
$25.00 511.00$5.00$2,660.00$20.00 $2,721.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
N e,R, THIS SPACE RE'. Officio County Clerk for Washington County.Oregon,do hereby
_1`�.• n' certify that the within instrument of writing was received and
i �•
recorded in the book of records of said county.
Richard Hobernicht,Director of
4.4e Assessment and Taxation, Ex-Officio
After recording return to:
Republic Title of Texas,Inc.
2626 Howell Street, 10th Floor
Dallas, Texas 75204
Until a change is requested all tax
statements shall be sent to the
following address:
APRO, LLC
17311 So. Main Street
Gardena, CA 90248
File No.: 1002-159498-RTT
Site No.: 7450--
APN: R513117__._.)
Date: 1212Z/2615
STATUTORY SPECIAL WARRANTY DEED
CF UNITED PROPCO LLC, a Delaware limited liability company, Grantor,conveys and specially warrants
cyto PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership, Grantee,the following described
p real property free of encumbrances created or suffered by the Grantor except as specifically set forth
v
herein:
v
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon,described as
follows:
See Exhibit A attached hereto.
This property is free from liens and encumbrances, EXCEPT:
1. SUBJECT TO only those matters affecting title to the property that are described on EXHIBIT B
(the"Permitted Exceptions') attached hereto and made a part hereof.
The true consideration for this conveyance is $2,660,000.00.
Pagc 1 of 5
Read and Approved
THIS SPACE RESERVED FOR RECORDER'S USE
411111#
, E-RECORDED simplifile
After recording return to: ID °IG JI��3�I S
County: IJ a5 h nc�kbn
Republic Title of Texas, Inc. If I*ei6 Time SS.`'1t PM
2626 Howell Street, 10`h Floor Date:
Dallas, Texas 75204
Until a change is requested all tax
statements shall be sent to the
following address:
APRO, LLC
17311 So. Main Street
Gardena, CA 90248
File No.: 1002-159498-RTT
Site No.: 7450
APN: R513117
Date: 12.12.3/2.015
STATUTORY SPECIAL WARRANTY DEED
o CF UNITED PROPCO LLC, a Delaware limited liability company, Grantor, conveys and specially warrants
a—to PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership, Grantee,the following described
oreal property free of encumbrances created or suffered by the Grantor except as specifically set forth
v
herein:
v
Q LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
See Exhibit A attached hereto.
This property is free from liens and encumbrances, EXCEPT:
1. SUBJECT TO only those matters affecting title to the property that are described on EXHIBIT B
(the"Permitted Exceptions") attached hereto and made a part hereof.
The true consideration for this conveyance is $2,660,000.00.
Page 1 of 5
APN: R513117 Statutory Warranty Deed File No.: 1002-159498-RTf
-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.
[SIGNATURE PAGE FOLLOWS]
Page 2 of 5
•
015GREXECUTED to be effective as of the 2 3r day of PCO '\' 2015-
GRANTOR:
ANTOR:
CF UNITEPR,P• LLC,
a Delaw. e limi -• .;•ility company
BY: o - a i,f.ck
ITS: ice President
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.CA Civ.
Code See.:1189(ax3)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On December /67 2015 before me, F. Pascucci, Notary Public, personally appeared Joshua Pack, who proved
to me on the basis of satisfactory evidence to be the person(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 authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. tom. F.PASCUCCI
Commission$2129118
Notary Public-California I
ZVim,/ Los Angeles County
Signature ^ �i Comm• ices Ott 4,2019
Commission No.:2129118
My Commission Expires: 10.4.2019 (Seal)
•
Page 3 of 4
STATUTORY SPECIAL WARRANTY DEED
7450 Tigard OR
•
EXHIBIT A
LEGAL DESCRIPTION
Real property in the County of Washington, State of Oregon, described as follows:
THE FOLLOWING DESCRIBED REAL PROPERTY IN SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST,
OF THE WILLAME I I t MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF
OREGON, DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTHEAST CORNER OF SAID SECTION 12, RUNNING WEST ON THE SOUTH LINE
OF SAID SECTION 12, A DISTANCE OF 681 FEET TO THE PLACE OF BEGINNING ON THE WEST LINE OF
THE SOUTHERN PACIFIC RIGHT OF WAY;
THENCE NORTHWEST 20° 47' ON THE WEST LINE OF SAID RIGHT OF WAY 546 FEET TO THE EAST
LINE OF WAGON ROAD;
THENCE SOUTH 46° 38' WEST ON THE EAST LINE OF SAID WAGON ROAD, 187 FEET TO THE
NORTHWEST CORNER OF THAT TRACT DESCRIBED IN BOOK 922, PAGE 0179,AND THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 46° 38' WEST ON THE EAST LINE OF SAID ROAD, 253 FEET TO THE
WEST LINE OF FIELD;
THENCE SOUTH ON THE WEST LINE OF FIELD TO THE NORTHWEST CORNER OF THAT TRACT
CONVEYED TO LEONARD SUBOTNICK, ET AL, ON JULY 25, 1968 IN BOOK 707, PAGE 0366; THENCE
EASTERLY ALONG THE NORTHERLY LINE, THE LAST MENTIONED TRACT TO A POINT THAT IS SOUTH
13° 27' EAST FROM THE PLACE OF BEGINNING;
THENCE NORTH 13° 27' WEST, 230 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED SW UPPER BOONES FERRY ROAD WHICH INURED
THERETO BY CITY OF TIGARD ORDINANCE NO. 82-56, RECORDED DECEMBER 16, 1982 AS FEE NO.
82032714 AND RE-RECORDED MARCH 15, 1983, AS FEE NO. 83008655;
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEDICATION DEED RECORDED MAY 08, 1984,
AS FEE NO. 84017374, WASHINGTON COUNTY DEED RECORDS.
THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008.
Page 4 of 5
EXHIBIT B
Permitted Exceptions
1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet
due or payable
2. City liens, if any, for the city of Tigard.
3. These premises are within the boundaries of the Clean Water Service District and are
subject to the levies and assessments thereof.
4. Reservation of utilities in vacated street area and the right to maintain the same as set
forth in Ordinance No. 82-56 a copy of which was recorded December 16, 1982 as Fee
No. 82032714. Document re-recorded March 15, 1983 as Fee No. 83008655 of Official
Records.
5. Easement, including terms and provisions contained therein:
Recording Information: May 08, 1984 as Fee No. 84017375
In Favor of: City of Tigard, a municipal corporation
For: Utilities
6. Survey prepared by Terramark for TMC, National Services, LLC, dated February 27,
2015, last revised March 10, 2015, under Job No. 15-02-151-02137, shows the following:
(A) Surveyor notes adjoiners building to the Southeast of the subject property crosses the
Southern boundary by a maximum extent of 1.1 foot North; (B) Surveyor notes curb face
on the Northeastern side of the subject property crosses the Eastern boundary onto
adjoiners property by a maximum extent of 0.7 feet East; (C) Transformer at the
Northeast corner of the subject property falls outside of the allotted utility easement area
detailed in Instrument recorded December 16, 1982 and May 08, 1984 as Fee Nos.
82032714 (rerecorded March 15, 1983 as Fee No. 83008655) and 84017375; (D) Two
Vaults located on the West side of the subject property are without benefit of easement;
(E) Three unlabeled lids located in the Underground tank area are without benefit of
easement.
7. Terms and provisions of an unrecorded lease dated undisclosed, by and between
PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership as lessor and
APRO, LLC, a Delaware limited liability company as lessee, as disclosed by a
Memorandum of Lease and Right of First Offer recorded {TBD}
8. A right of first refusal in favor of Phillips 66 Company ("PSX") as contained in or
disclosed by a document recorded {TBD}
Page 5 of 5
I \�� bo A
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14'
op ,.�C�P
C I ; CITY OF TIGARD PROJECT 17040
I
�� Approved by PI nning 111
!� JEVO Date: S7`�/l S
I R 8 D SPACE Z
0
I
I •
16.57 SF ` Initials:
1-. 5 O
his 16.57 SPACES ftp {a N 1 853i
I WAREHOUSE SPACE Q
I�III�IC 6,462 SF
II
` 3.13 SPACES 3 g
SUPPORTING OFFICE
56
I 9,321 SF - Z
25.17.SPACES - ,0 Ti
II -8 Et;.
I
I h
I 1`` I N8 ENCORE BROKERS
I O ERS all �
I i
fl
WAREHOUSE SPACE
5.A5 H
I 2.96 SPACES
SUPPORTING OFFICE
I 4,084 SF '� E
11.03 SPACES —
- i , 8
I
1
`v db f LANDSCAPE AND PARKING ANALYSIS
ZONE LIGHT INDUSTRIAL
I �W
I = I TOTAL SITE AREA 93,448 SF
\ TOTAL BUILDING AREA 34,069 SF
\ •
LANDSCAPE REQUIREMENT
\ u OCoQ
m o
1 1 \ ' ZONING CODE CHAPTER 18.530 > i m$
TABLE M LANDSCAPE
y LU g h
MINIMUM LANDSCAPE REQUIREMENT=15% w
a 7 00
REQUIRED LANDSCAPE 14,017 SF REVISION
ILANDSCAPE THIS PLAN 16373SF3.
4
5.
5.
1 MINOR MODIFICATION SITE PLAN
� TOTAL SPACES PROVIDED 73.00 SPACES ,.r.e.
O DATE.05,94/17
.•` PERMIT/BID
A-9
APPLICANT'S STATEMENT/NARRATIVE
The proposed work involves building out an existing space for the tenant,Jevo. See attached
parking calculations. As a result of this work, we are NOT doing any of the following:
1. An increase in dwelling unit density, or lot coverage for residential development;
2. A change in the ratio or number of different types of dwelling units;
3. A change in the type of commercial or industrial structures as defined by the Uniform Building
Code;
4. An increase in the height of the building(s) by more than 20%;
5. A change in the type and location of access ways and parking areas where off-site traffic
would be affected;
6. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day;
7.An increase in the floor area proposed for a nonresidential use by more than 10%excluding
expansions under 5,000 square feet; Site Development Review 18.360-5 AP Update: 2/14
8. A reduction in the area reserved for common open space and/or usable open space which
reduces the open space area below the minimum required by this code or reduces the open
space area by more than 10%;
9. A reduction of project amenities below the minimum established by this code or by more
than 10%where specified in the site plan:
a. Recreational facilities; b. Screening; and/or c. Landscaping provisions.
10.A modification to the conditions imposed at the time of site development review approval
which are not the subject of paragraphs 1 through 10 of this subsection.
Therefore,the proposed work in our building is classified as 'minor modification' work. In
addition, please reference the provided plans indicating parking counts.