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MMD2018-00004 MMD2O18 - 00004 OUR REDEEMER LUTHERAN CHURCH NOTICE OF TYPE I DECISION MINOR MODIFICATION TO APPROVED1111 CONDITIONAL USE MMD2018-00004 OUR REDEEMER LUTHERAN CHURCH T I GARD 120 DAYS =June 7, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Our Redeemer Lutheran Church CASE NO.: Minor Modification (MMD) MMD2018-00004 PROPOSAL: The applicant requests a minor modification to an approved conditional use for Our Redeemer Lutheran Church, located at 13401 SW Benish Street. Specifically, the applicant proposes to construct a new 1,792-square-foot building for an accessory daycare use. APPLICANT: Modern Building Systems Attn:Alan Rasmussen P.O.Box 110 9493 Porter Road Aumsville,OR 97325 OWNER: Our Redeemer Lutheran Church Attn:Bob Peters 13401 SW Benish Street Tigard,OR 97223 LOCATION: 13401 SW Benish Street WCTM 2S104AB,Tax Lot 4700 ZONING DESIGNATION: R-4.5: Low-Density Residential Zone. The R-4.5 zone is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. R-25: Medium High-Density Residential Zone. The R-25 zone is designed to accommodate existing housing of all types and new attached single-family and multifamily housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.740.020.0 MMD2018-00004 Our Redeemer Lutheran Church 1 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. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 13401 SW Benish Street;north of SW Benish Street, south of SW Morning Hill Drive, east of SW Walnut Street, and west of SW 131"Avenue. The property is currently occupied by a religious institution, Our Redeemer Lutheran Church. In May 2002, the City of Tigard Hearings Officer approved a Conditional Use Permit for an approximately 5,000-square-foot expansion to the existing church(Case No. CUP2002-00002).The property is zoned Low-Density Residential(R-4.5) and Medium High-Density Residential(R-25);however, the proposed scope of work is located in the R-4.5 zone. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.740 Conditional Use: 18.740.020.0 Minor modification of approved or existing conditional use. 2. An application for a minor modification shall be processed through a Type I procedure, as provided in Section 18.710.050The approval authority shall approve or approve with conditions the minor modification application when all of the following are met: a. The proposed development is in compliance with all applicable requirements of this title; and The applicant requests a minor modification to an approved conditional use for Our Redeemer Lutheran Church,located at 13401 SW Benish Street.Specifically,the applicant proposes to construct a new 1,792- square-foot building for an accessory daycare use. Staff reviewed the applicant's site plan to confirm the proposal meets the minimum setback requirements for a religious institution in a residential zone, as outlined in'1'DC 18.740.040.B.8. Elevation drawings were not submitted with this application;therefore, compliance with the maximum building height of 30 feet for the R-4.5 zone (IDC Table 18.110.3) will be confirmed at the time of building permit submittal. Additionally, daycare is considered an accessory use to the existing religious institution; therefore, there is no change to the minimum off-street parking requirement for this development. Staff finds this project is in compliance with all other applicable requirements of this Title. This criterion is met. b. The modification is not a major modification as defined in subsection A of this section. The applicant is not proposing any of the changes outlined in '[DC 18.740.040.B.2. Therefore, this proposal is not a major modification. This criterion is met. CONCLUSION: The proposal is a minor modification of an approved conditional use and is in MMD2018-00004 Our Redeemer Lutheran Church 2 compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners 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 FEBRUARY 8, 2018 AND BECOMES EFFECTIVE ON FEBRUARY 9, 2018 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. February 8,2018 APPROVED BY: Lina Smith MMll2018-00004 Our Redeemer Lutheran Church 3 APPLICANT MATERIALS RECEIVED FEB 06 2013 City of Tigard 1111 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT : . PLANNING/ENGINEE I:hfr1 Y ':< Minor Modification Type I Application PROPOSAL SUMMARY rief description) REQUIRED SUBMITTAL k'405cizE. ELEMENTS c5,Z=LA-2r [l Owners Signature/Written Authorization El//Title Transfer Instrument or Deed Ey' Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2") Property address/location(s): /3V P1 S1," � e [Applicant's Statement/Narrative skhuki (2 copies)Address criteria in: 11)( 1 11 Tax map and tax lot #(s): 2...5\04 f\12DO Ln 073 d Filing Fee • Site size: Fi r f � 1'OR 1.vI I I sr, ()Nr,) Applicant`: COY �L�� e l i t�r 4 +h 'ra1.C h 11 at tilhO2Olg-00001-1 Case No.: Address: 13'f 0 r o t!s Ll Related Case No.(s): City/state: T ,Dr'''' ®i2_ Zip: '72 _3 p� 31 ,-419 • 0� Application Fee: 303_00 Phone: �d'�E bn t3 -.S-6r -S.L Application accepted: PROPERTY OWNER/DEED HO DER(S) VI Same as Applic. By: SC Date: 2 Name: __Qi Y' Klecteempr ilLi ' rA Application dere.-mined complete• Address: 3 -.Al Al By: kS Date: City/state: 1 a? P Zip: q-2 I:\CURPLN\Masters\Land Use Applications Rev.J1, 4jcOl4 L Contact name: 73(pip. Phone number: ‘03 3I > s 7 •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 1 K.3(o i.I ISI h or 1 K 3 1.�(I(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 A .. APPLICANT'S 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. SIGN, LAZES of eac. o.finer of the subject property required. I %� Paioc_< z1 I.,I 1, - _ , Ap a ca -gnature Print name Date - di//7/6) -4&' 41911-9 Ps+ h) Wter_c _2:4/4 Owner s signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION 1/ 11\ 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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 z - - Washington County,Oregon 2005-095257 08/11/2005 09:56:05 AM. D-M Cnt=1 Stn=-4 A DUYCK • $30.00$6.00$11.00-Total=$47.00 This instrument was drafted under the supervision of and should be returned after a00814 88200500952570060060 recordation to: Director of Assessment and Taxatlon + ,Jerry Hanson, f + red Ex-Officio County Clerk for Washlnaton County, },. �� '# 1I iN �"H ;-� regon,do hereby certl that the within Instrument of •9 ,. �� Thrivent Financial for Lutheran mH 5 1: ti y� '�+' S! i a + T�t•• sr•� FcitollFiUn5srVSdndebOokof �;�•'�.ia�x,,� a� r k"±Ieif'd C liu::i'�;;�11 t-;r,t .ti Ti�t.�; %,� v,:Attn: Church Loan Depalt�>«ent MS 15-•0---- •-t------" of Bald county sir ,• perry P.Hanson,Director uesament and Taxation, r:`.L�- Dean Bussey,Esquire 1 I { ' Ex-Ofnclo County Clerk 625 Fourth Avenue South SEP 110 2013 Minneapolis,MN 55415-1624 i i 1 i ; Loan No.200096420 r f SPACE ABOVE T1IS LINE FOR RECORDER'S USE 1 ) TRUST DEED , J L' i THIS TRUST DEED ("Trust Deed") is made and entered into as of 7— 9 , 2005 by OUR REDEEMER LUTHERAN CHURCH, an Oregon corporation ("Grantor"), whose I address is 13401 SW Benish Street, Tigard, Oregon 97223; PACIFIC NORTHWEST TITLE 1 OF OREGON, INC. ("Trustee"), whose address is 9020 SW Washington Square Road, Suite 220, Tigard, Oregon 97223, and THRIVENT FINANCIAL FOR LUTHERANS, a Wisconsin corporation ("Beneficiary"), whose address is 625 Fourth Avenue South, Minneapolis, Minnesota 55415 . k Beneficiary has loaned to Grantor the sum of Four Hundred Thousand and No/100 Dollars 1 ($400,000.00),as evidenced in a Promissory Note("Note") of even date,together with interest at an '- annual rate set forth in the Note, both principal and interest of the Note being payable at the office of Beneficiary as more specifically set forth therein under which the final payment of principal and interest is due on or before August 15,2025. To secure the payment of the principal, interest and premium, if any, on the Note and to secure the _ performance by Grantor of each and every term, covenant, agreement and condition contained in - the Note and this Trust Deed, Grantor conveys to Trustee in trust the property in the County of Washington, State of Oregon, described on Exhibit A attached hereto, which is not currently used for agricultural,timber or grazing purposes. Together with all appurtenances, easements, fixtures, and rents, existing or subsequently erected or acquired, all of which is collectively referred to as the premises. Grantor hereby warrants to and covenants with Trustee for the benefit of Beneficiary that: 1. Grantor has good and indefeasible title to the premises in fee simple,free and clear of liens, charges and encumbrances and has the full right and authority to execute and deliver to Trustee the Note and this Trust Deed. i 1 - 1 - Oregon Trust Deed August 1,2005 • I Ilei IIIIII IIII 111111 20©5-95257 2. Grantor will keep the premises in good condition and repair; will not remove any building or improvement thereon, will not commit, suffer or permit any waste, impairment or deterioration of the property; and will keep the premises free and clear from all liens superior to the lien of this Trust Deed. 3. Grantor will keep the premises insured against loss or damage by fire, wind, storm or other hazard as may be required by Beneficiary, in the amount of not less than Four Hundred Thousand and No/100 Dollars ($400,000.00) (and if the policies of such insurance contained in a condition or provision as to co-insurance, the building shall be kept insured fora sufficient amount to comply with such co-insurance condition). Policies of such insurance shall be carried with an A, A+, or A- rated company that has a financial size of VII or better as shown in a current Best's Key Rating Guide (or comparable guide book acceptable to Mortgagee if Best's should become unavailable), shall include a mortgage indemnity clause in favor of Beneficiary and shall be in such form as Beneficiary may require. All such policies and their renewals shall be delivered to Beneficiary. In the event of loss, Beneficiary is hereby authorized to collect the proceeds then due under the policies and to apply them, at the option of Beneficiary, either in reduction of the indebtedness secured or in restoration or repair of the damaged property. 4. Grantor will pay the indebtedness hereby secured and will pay annually to the proper officers all taxes and assessments which shall be levied or assessed on the premises or any part thereof, as well as all taxes and assessments which shall be levied or assessed under or by virtue of any law now or hereafter existing in the State of Oregon against Beneficiary, or Trustee, upon this Trust Deed,or-the debts hereby secured, or.upon-Grantor's interest in the premises, and will procure and deliver to Beneficiary, at its office in Minneapolis, Minnesota, on or before the first day of May in each and every year, original or duplicate receipts of the proper officers for the payment of all such taxes or assessments levied or assessed on the premises, on this Trust Deed or the debt secured thereby or on the beneficial interest of Beneficiary. 5. Grantor will not,without the prior written consent of Beneficiary, sell or otherwise transfer the premises or any part thereof, or directly or indirectly, create or incur any indebtedness for borrowed money except for the indebtedness secured by this Trust Deed and any short term unsecured borrowings maturing within one year not to exceed ten percent (10%) of the original Loan provided that total debt does not exceed Three Thousand Five Hundred and No/l00 Dollars ($3,500.00)per communicant member. 6. If Grantor ceases to be affiliated with the Lutheran Church—Missouri Synod, its successor, or another national Lutheran body recognized by Beneficiary as a body whose members may participate in the benefits of those organizations, then Beneficiary may declare the entire indebtedness to be immediately due and payable. Provided if all or any part of the premises is condemned, damaged, taken.or acquired, either temporarily or permanently, in any condemnation proceeding, by the right of eminent domain, by sale and in lieu of condemnation or eminent domain, or by the alteration of the grade of any street -2- Oregon Trust Deed August 1,2005 I • I1Il1IiI1lJIIIi 1111111111 Ill 2005-95257 affecting the premises, Beneficiary may at its election require that all or any portion of the net proceeds of the award be applied on the indebtedness. The net proceeds of the award shall mean the award after the payment of all reasonable costs, expenses and attorneys' fees necessarily paid or incurred by Grantor, Beneficiary and Trustee in connection with the condemnation award. Until such time as the award or other payment is actually received by Beneficiary and applied to the indebtedness, Grantor shall continue paying interest on the unpaid principal balance of the Note at the rate of interest specified therein. If the Grantor pays all of the indebtedness when due and otherwise performs all of the obligations imposed on Grantor under this instrument and the Note, Beneficiary shall execute and deliver to Trustee a request for full reconveyance. The reconveyance fee required by law shall be paid by Grantor. The following shall constitute events of default: (1) failure of Grantor to pay any portion of the indebtedness when due; (2) failure of Grantor within the time required by this Trust Deed to make any payment for taxes, insurance or mortgage insurance premiums or for reserves for such payments or any other payment necessary to prevent filing of or discharge of any lien; (3) failure of Grantor to perform any other obligation under this Trust Deed. • On the occurrence of any event of default and at any time thereafter, Beneficiary may exercise any one or more of the following rights and remedies: (1) the right at its option by notice to Grantor to declare the entire indebtedness immediately due and payable; (2) with respect to all or any part of the premises, the right to foreclose by notice and sale by Trustee or by judicial foreclosure, in either case in accordance with applicable law; (3) the right, without notice to Grantor, to take possession of the property and collect all rents and profits, including those past due and unpaid, and apply the net proceeds over and above Beneficiary' costs, against the indebtedness; (4)the right in connection with any legal proceedings to have receiver appointed to take possession of all or any of the property, with the power to protect and preserve the property and to operate the property preceding foreclosure or sale and apply the proceeds, over and above costs of receivership, against the indebtedness. If the Grantor shall fail or neglect punctually to keep and perform any of the covenants and conditions herein prescribed to be kept and performed, Beneficiary may on its part perform the same, and all costs and expenses by it incurred thereto shall be repaid by Grantor personally liable therefore to Beneficiary, on demand, with interest thereon at the annual rate set forth in the Note and until so repaid shall with interest be added to the debt hereby secured. In any such case of failure or neglect, the whole amount of the said principal sum remaining unpaid, together with interest, and all sums so paid by Beneficiary, shall, at the option of Beneficiary, be deemed to have become due without notice, and shall be collectible in the same manner as if the whole of said principal sum had been made payable at the time when any such default shall have occurred. In exercising its rights and remedies,Beneficiary shall be free to sell all or any part of the property, together or separately, or to sell certain portions of the property and refrain from selling other portions. Beneficiary shall be entitled to bid at any public sale on all or any portion of the property. -3 - Oregon Trust Deed August 1,2005 1111111111111111IIIIII 2005-9525; Beneficiary shall give Grantor reasonable notice of the time and place of any public sale of any - personal property or the time after which in a private sale or other intended disposition of the premises is to be made. Reasonable notice shall mean notice given at least 120 days before the time of sale or disposition. A waiver by either party of a breach of a provision of this agreement shall not constitute waiver of or prejudice the party's right to otherwise demand strict compliance with that provision or any other provision. Election by Beneficiary to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Trust Deed after failure of Grantor to perform shall not affect Beneficiary'right to declare a default and exercise its remedies under this Trust Deed. In the event suit or action is instituted to enforce any of the terms of this Trust Deed, Beneficiary shall be entitled to recover from Grantor such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. All reasonable expenses incurred by Beneficiary that are necessary at any time and Beneficiary' opinion for the protection of its interests or the enforcement of its rights, including without limitation the costs of searching records, obtaining title reports, surveyor's reports, attorneys' opinions or title insurance, and fees for Trustee, whether or not any court action is involved, shall become a part of the indebtedness payable on demand and shall bear interest at the annual rate of set forth in the Note from the date of expenditure until repaid. [The remainder of this page is intentionally left blank • Signatures are found on the following page.] -4- Oregon Trust Deed August 1,2005 1111C111111111111 20© -95257 IN WITNESS WHEREOF, this corporation has caused its corporation name and seal to be affixed by its officers pursuant to a resolution duly adopted by the congregation, this gth day of ,2005. (SEAL) OUR REDEEMER LUTHERAN CHURCH, an Oregon corporation • By: Title: President - By: Name: u,r i Q?Y 1'e Title: Secretary Ay STATE OF OREGON )ss: COUNTY OF WASHINGTON ) On this I day o ,1_�� ,2005,before me,the undersigned officers,personally appeared r )�a i%VI� , President, and l2i1J).LL _ f p Secretary, who acknowledge-de emselves to be officers that they as such officers being authorized so to do, executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by themselves as officers. IN WITNESS WHEREOF,I herewith set my hand and official seal. (SEAL) '� P Notary Publi' '. iii!,o Mycommission expires 40 ,. / ��.4 P OFFICIAL SEAL - s4� CHERiE R GORSUCH :x NOTARY PUBLIC—OREGON COMMISSION NO.369532 MY COMMISSION EXPIRES JULY 1,2007 _ 5 _ Oregon Trust Deed August 1,2005 • 1III iIIIIi liii 111111 - 2005-45257 • Exhibit A • A certain tract of land situated in the Northeast one-quarter of Section 4,Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows: - BEGINNING at the South corner of Lot 143, of the duly recorded plat of MORNING HILL NO. 6; thence North 10°32'52"West, along the Westerly line thereof, a distance of 70.22 feet to an angle point; thence North 2°51'59" West, continuing along said West line, a distance of 83.55 feet to an angle point;thence North 3°32'03"-East, continuing along said West line, a distance of 74.52 feet to point on the South Iineof the duly recorded plat of MORNING HILL NO. 3;thence along said South fine of MORNING HILL NO. 3 and the South line of MORNING HILL NO. 5 the following courses and distances: North 77°17'02"West, a distance of 67.00 feet; thence North 71°34'41"West, a distance of 147.95 feet; thence North 88°16'08"West, a distance of 236.89 feet to a point in the East right-of-way line of SW 135th Avenue, (County Road No.434), said point being 20.00 feet East of and parallel to (when measured at right angles)the centerline thereof;thence South 1°43'52"West, along said right- of-way line a distance of 321.77 feet to an angle point; thence South 88°16'08" East 10.00 feet; thence South 1°46'01"West 93.40 feet to a point of curvature; thence Southeasterly, along the arc of a 27.00 foot radius curve to the left, through a central angle of 89°08'39"an arc distance of 42.01 feet(the chord bears South 43°41'49" . East 37.90 feet)to a point of tangency; thence South 88°16'08" East 296.92 feet to a point of curvature; thence Northeasterly, along the arc of a 15.00 foot radius curve to the left,through a central angle of 101°42'26", an arc distance of 26.63 feet(the chord bears North 40°52'39" East, 23.27 feet)to a point of tangency; thence North 9°58'34"West, 153.78 feet to a point of curvature; thence Northwesterly along the arc of a 75.00 foot radius curve to the left,through a central angle of 5°38'54", an arc distance of 7.39 feet(the chord bears North 12°48'01"West, .7.39 feet); thence North 74°22'32" East,a distance of 50.00 feet to a point of non-tangent curvature;thence Southeasterly along the arc of a 125.00 foot radius curve to the right, through a central angle of 5°38'54", an arc distance of 12.32 feet(the chord bears South 12°48'01" East, 12.32 feet)to a point of tangency; thence South 9°58'33" East, a distance of 17.71 feet to a point of curvature;thence Southwesterly, along the arc of a 15.00 foot radius curve to the left,through a central angle of 86°04'45", an arc distance of 22.54 feet, (the chord bears South 53°00'56" East 20.48 feet) to a point of tangency; thence North 83°56'42" East 77.76 feet to the point of beginning. TOGETHER WITH that portion of SW 135th Avenue which inured thereto by reason of the vacation thereof as set forth in Ordinance No. 96-33 of the City of Tigard,Oregon,a copy of which was recorded October 9, 1996 as Fee No. 96090754 and re-recorded December 31, 1998 as Fee No. 98148935. I • • - . THRiVENT F `iz•iL. iUT>:HALoan No.200096420 j 1 FIRST AfpLONGF810 FRQO$ISSORY OTE . � f ; a • THIS FIRST ALLONGE TO P,.OMISSORY NOTE ("First Allon'e") is made effective as of July 15,.2008, by and betweeit—Oure •-Ch, an Oregon corporation ("Maker"), and Thrivent Financial for Lutherans,a Wisconsin corporation("Holder"). WHEREAS,Maker executed and delivered to Holder that certain Promissory Note dated August 9, 2005 ("Note"), as evidence of an indebtedness in the original principal amount of Four Hundred Thousand and No/100 Dollars.($400,000.00). WHEREAS, the most recent monthly installment of principal and interest owing under the Note was paid on July 15, 2008, and after application of that payment the outstanding principal balance owing under the Note is Three Hundred Six Thousand Nine Hundred Ninety-Nine and 51/100 Dollars ($306,999.51). NOW, THEREFORE, in consideration of the foregoing recitals, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, effective July 15, 2008 the provisions of the Note shall be, and the same are hereby modified, altered and amended in the following respects: • 1. Interest Rate. The interest rate on the Note will remain at six percent(6%)per annum. 2. Monthly Payments of Principal and Interest. Maker shall make equal monthly payments of principal and interest in the amount of Two Thousand Three Hundred Ninety-Eight and No/100 Dollars ($2,398.00) commencing on August 15, 2008, and continuing on the fifteenth (15th) day of each month thereafter until August 15, 2025 ("Maturity Date"), at which time all outstanding principal and all accrued and unpaid interest shall be due and payable. 3. Late Charge. Time is of the essence with respect to each and every obligation of Maker set forth in this Note. In the event that any required payment of principal and/or interest is not made within ten(10) days of the due date thereof, a late payment charge of four cents ($.04) for each dollar ($1.00) so overdue (but in no event less than One Hundred and No/I 00 Dollars) may be charged by Holder for the purpose of defraying a portion of the expense incident to handling such overdue payment. In the event that any such overdue payment is not made with thirty (30) days thereafter, an additional late payment charge of four cents ($.04) for each dollar ($1.00) so overdue may be charged by Holder for such purpose and Holder may charge an additional four cents ($.04) for each dollar($1.00) so overdue for each additional month, or fraction thereof, during which any such payment remains past due. The foregoing late payment charges apply individually to each required payment of principal and interest which is past due, and once imposed will not be adjusted pro rata on a daily basis. - 1 - Allonge July 8,2008 Holder has the option to either require the late fees in addition to the monthly payment or add the fees to principal: In the event of any inconsistency between provisions of this First Allonge and those of the Note,the provisions of this First Allonge will control. Except as modified and amended herein, all of the provisions of the Note will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Allonge effective as of the date first above written. Our Redeemer Lutheran Church, an Oregon corporation By: Name: u d 01 fii Z Title: President By: *act,(4- Name: --.0 orIe. Title: Secretary Thrivent Financial for Lutherans, r • a Wisconsin corporation 4? I'll Name: Te. '. Jo son Title: Assistant Vice President -2 - Allonge July 8,2008 _..= Thrill/ENT. INAN�;AL.Ft)r� 1 �irI LR !\n t Loan No. 200096420 SEP• 1 0 2013 SECOND ALONCE TO PROMISS RY OTE [_, . i i THIS SECOND ALLONGE TOP econd A.11one") is made effective as of June 15, 2009, by and between Our Redeemer Lutheran Church, an Oregon corporation ("Maker"), and Thrivent Financial for Lutherans,a Wisconsin corporation("Holder"). WHEREAS, Maker executed and delivered to Holder that certain Promissory.Note dated August 9, 2005 ("Note"), as evidence of an indebtedness in the original principal amount of Four Hundred Thousand and No/100 Dollars($400,000.00):-- WHEREAS, the Note was subsequently modified by that certain First Allonge to Promissory Note made effective July 15, 2008 ("First Allonge").:- WHEREAS, the most recent monthly installment of principal and interest owing under the Note will be paid on June 15, 2009 and after application of that payment, the outstanding principal balance owing under the Note will be Two Hundred Fifty-Five Thousand One Hundred Twenty-Three and 53/100 Dollars($255,123.53). NOW, THEREFORE, in consideration of the foregoing recitals, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, effective June 15, 2009 the provisions of the Note and First Allonge shall be, and the same are hereby modified,altered and amended in the following respects: 1. Interest Rate. The interest rate on the Note will remain at six percent(6%)per annum. 2. Monthly Payments of Principal and Interest. Maker shall make equal monthly payments of principal and interest in the amount of Two Thousand Fifty Eight and No/100 Dollars $2,058.00 commencingon 15, 2009 and continuingon the fifteenth (15th) dayof each ( ) July month thereafter until August 15, 2025 ("Maturity Date"), at which time all outstanding principal and all accrued and unpaid interest shall be due and payable. In the event of any inconsistency between provisions of this Second Allonge and those of the Note and First Allonge,the provisions of this Second Allonge will control. Except as modified and amended herein, all of the provisions of the Note and First Allonge will remain in full force and effect. - 1 - Allonge June 11,2009 IN WITNESS WHEREOF, the parties hereto have executed this Second Allonge effective as of the date first above written. Our Redeemer Lutheran Church, an Oregon corporation By: �' Nam : CrOL v I-, ' ` 2- Title: President By: • . . __I i Name: .ct r i e Q err e_ Title: Secretary Thrivent Financial for Lutherans, a Wisconsin corporation / , By: .�>� 41 Name: Fred '. . • on Title: Assistant Vice President ! r 1 - 2 .. Allonge June II,2009 i I Pi'ID ;1-F1 1-1 9 THRJVENT FINANCIAL FOR LUTHERANS? Loan No.200096420 • • THIRD t.ONCtE.A9 P I� SCSRY N TE • • THIS THIRD ALLONGE TO P''OMISSORY NOTE ("Third Allongt4") is made effective as of April 15, 2011, by and betwe!:o I ur Redeemer Lutheran Churc , an Oregon corporation ("Maker"), and Thrivent Financial for Lutherans,a "isco 4 tion("Holder"). WI- REAS,Maker executed and delivered to Holder that.certain Promissory Note dated August 9, 2005 ("Note"), as evidence of an indebtedness in the original principal amount of Four Hundred Thousand and No/100 Dollars($400,000.00):. • WHEREAS, the Note was subsequently modified by that certain First Allonge to Promissory Note effective July 15, 2008 ("First Allonge"). WHEREAS, the Note was subsequently modified by that certain Second Allonge effective V • June 15, 2009 ("Second Allonge"). The First Allonge and Second Allonge are collectively referred to hereinafter as the"Modifications". WHEREAS, the most recent monthly installment of principal and interest owing under the Note will be paid for April 15, 2011, and after application of that payment, the outstanding principal .balance owing under the Note.will be One Hundred Eighty-Two Thousand One Hundred Seventeen L • and 43/100 Dollars ($182,117.43). . • NOW, THEREFORE, in consideration of the foregoing recitals, the covenants and agreements • . contained herein, and other good and valuable.consideration, the receipt and sufficiency of which consideration is hereby acknowledged, effective April 15, 2011 the provisions of the Note and . Modifications shall be, and the same are hereby modified, altered and amended in the following - respects: - Interest Rate. The interest rate on the Note will remain at six.percent(6%)per annum. Monthly Payments of Principal and Interest. Maker shall make equal monthly payments.of principal and interest in the amount of One Thousand Five Hundred Eighty-Two and No/100 Dollars ($1,582.00) commencing on May 15,2011, and continuing on the fifteenth(15th)day of each month . thereafter until August 15, 2025 ("Maturity Date"), at which time all outstanding principal and all R accrued and unpaid interest shall be due and.payable. ,In the event of any inconsistency between provisions of this Third Allonge and those of the Note and Modifications,the provisions of this Third Allonge will control. Except as modified and amended herein, all of the provisions of the Note and Modifications will' - • • remain in full force and effect. - 1 - . Allonge 4/12/2011 . • • • This Third Allonge may be executed in several counterparts, each of which shall be an original,but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned has executed this Third Allonge effective as of the date first above written. Our Redeemer Lutheran Church, an Oregon corporation / • / // BY: -C/../A . • • adoe. -BMW : President • By: '1' LC jY 1 C: Q NM � Name: \/ c-1-o v l c, L A-1 be v1-S Ir Title: Secretary • • • • • • • • • • • • • • • • • • • • • • • • • -2 - • Allonge • 4/12/2011 • IN WITNESS WHEREOF,the undersigned has executed this Third Allonge effective as of the date first above written. Thrivent Financial for Lutherans, a Wisconsin corporation By: Name: Meg S gler Title: Associate Portfolio • . ager • LL gq pA tl S • -3 • - Allonge 4/3 2/2011 CITY OF TIGARD Approved by PI- nning I r • r ' __ / /+ • 1 - - - - - - - - - - - ` initials: 1•S E4�z I SWI,II.III CI -r I •� `t1' 1 "S=F SITE PLAN KEYNOTES 1.}(. 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GRAVEL 1 - O ENTRY LANDING 316'•1'-0• FILTER FABRIC MATERIAL FABRIC M WIDE ROLLS FABRIC i MATERIAL SW BENISH STREET s .i • 6 1i t••••••••••••••••••••••••44.1 N NOTES ►T♦a�40:� :04 0♦ 1.BURYBOTTOMOFFATERFAD GRA ���1./�������������0���������������1�� � VERTICALLY BELOW F1NISIED GRADE TRUE L' =4V-- .,-..-=m,,,..,,, I I —_ 'b z 7 s 7 RR,FINE OR STEN FENCE POSTS HONTH6•P d POSTS TO BE INSTALLED ON UPHILL SIDE L %I O Si PLAN 9 MAMUM SPACING 4.COMPACT BOTH SIDES OF FILTER FABRIC 1•.30'-0• CD TRENCH MAP 6 TAC LOT7.10.AB04700 FRONT NEW SIDE NEW MMHG.R4.5 R•75 SITE AREA:3.9 ACRES ANGLE BOTH ETAS OF FILTER FABRIC • FENCE TO ASSURE SOIL IS TRAPPED ,REC8VED CATCHBAEtN TR T POSTS r INTERLOCKED 1T CIA HAY 1 MESH AND ATTACHED FILTER,STAKE AS REOD FEB 0 6 2018 PUN WEED 5 SEdMENT FENCE B&OflLTER AT CB PROJECT NAME:OUR REDEEMER LUTHERAN CHURCH ANTS- �NIH SITE ADDRESS:13401 SW BENISH ST.,TIGARD,OR 97223 ,— .:f tI I C� APPLICANT NAME:MODERN BUILDING SYSTEMS CITY OF . REV.DEICRWION RATE NI SHEET OB. ALAN RASMUSSEN ' p MROERN SITE PLAN zot8 AR-0i APPLICANT PHONE NUMBER:(503)749-4949 PLANNING/ENGI3NEERING "D"'SRT °RO 2trR61'MODULARDAYCARE C 1 0 "..::'•'".77::` OUR REDEEMER LUTHERAN CHURCH ,= • 4S4..,.•....., ADDRESS 13.01 SW BENISH ST,MARC,CR 97223 1`..TS DATE 12/19/17 P.O. Box 11.0 IMODERN9493 Porter Rd. BUILDING SYSTEMS Aumsville, OR 9325 USA RECEIVED February 6, 2018 FEB 0 6 2018 CITY :'ARD To: City of Tigard Planning Department PLANNIN .,^F NG From: Alan Rasmussen V.P. Marketing T: 503-749-4949 C: 503-930-1968 arasmussen@modernbuildingsystems.com Re: Applicant Statement/Narrative Criteria TDC 18.360.050.B.1-11 Our Redeemer Lutheran Church has contracted with Modern Building Systems to build and install a 28' x 64' modular daycare building to be placed onto a standard concrete stem wall foundation and tied into existing onsite services. The site address is 13401 SW Benish St Tigard, OR 97223, and will be situated on the site per the attached site plans. The building is designed to the current applicable commercial building codes and submitted to the State of Oregon Building Codes Division for plan review and approval. It will contain two classroom spaces as well as two single user fully ADA compliant restrooms. We feel this addition qualifies for a Type 1 Minor Modification process per direction given to us by City of Tigard Staff and review of Chapter 18.360 documents. Per the application requisites below is our statement/narrative response to items #1-11 of 18.360.050 (B) 1. The requested addition is for a Type E occupancy daycare building and is not a dwelling unit, or residential development. 2. As a Type E occupancy building there is no applicable change in ratio of different type of dwelling units as it is not dwelling construction. 3. This site is currently a church that contains approximately 71 current parking spots designed for large A occupancy gatherings on Sundays. There is various small group meetings throughout the week at various times, and a current preschool operating. This added structure will only be used during the week for additional preschool classroom space. Due to the majority of the spaces not being utilized during the week, when the new preschool space would be operating the spaces required under Table 18.765.2 are already present. Requiring no new spaces be required or constructed. Oregon Washington California Georgia 9493 Porter Rd. 1550 Thornton Ave.SW 605 Sutter St. 312 Crosstown Rd.,#183 Aumsville,OR 92325 Pacific,WA 9804? West Sacramento,CA 95691 Peachtree,GA 30269 ModernBuildingSy stems.com 800-682- 1422 P.O. Box 110 9493 Porter Rd. BUILDING SYSTEMS Aumsville, OR 97325 USA 4. The type E occupancy building is in alignment with the current existing structures of Our Redeemer Lutheran Church which are a mix of E and A occupancy commercial building spaces. 5. The proposed added structure is a one story building that's peak roof height will sit will below the finished floor elevation of the top story of the existing 2 story church building. 6. There is no need for alterations or added parking or access ways, existing parking and access ways are adequate as described in#3 above and those will be used. Therefore there is no affect to surrounding off site traffic. 7. The proposed added building has a code occupancy of 44 persons. Assuming even one parent/vehicle per student and adding an additional 3-4 for possible staff, it is well under the threshold requirement of 100 added vehicles per day. 8. The proposed added structure is 1,792 square feet so is under the requirement of 5,000 square feet to be considered for criteria. 9. The 1,792 square feet of building space proposed to be added does not reduce the open space requirement under the minimum required or by more than 10% as easily displayed on the provided site plans of this 3.9 acre site. 10. The existing site is established and remains. No reductions or modifications is requested or needed. 11. As the site remains as-is other than approximately 3,000 square feet of altered area. This area will be improved with structure, walkways and minor landscaping from the undeveloped grass field that it is currently. Oregon Washington California Georgia 9493 Porter Rd. 1550 Thornton Ave.SW 605 Sutter St. 312 Crosstown Rd.,#183 Aumsville,OR 92325 Pacific,WA 9804? West Sacramento,CA 95691 Peachtree,GA 30269 Modern BuildingSy sterns.com 800-682- 1422