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MMD2016-00034
EXPIRED MMD2O16 - 00034 SPROUTS NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2016-00034 SPROUTS TIGARD 120 DAYS = March 29, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: Sprouts CASE NO.: Minor Modification (MMD) MMD2016-00034 PROPOSAL: The applicant is proposing a minor modification to an existing development at 16200 SW Pacific Highway, Suite Z. Specifically, the applicant proposes to partition an existing 51,004-square-foot tenant space into two (2) tenant spaces. The first space will be 30,014 square feet in size and will be occupied by the applicant, Sprouts (a sales-oriented retail use). The second space will be 20,990 square feet in size and will be vacant. Additional modifications include: interior tenant improvements; building facade improvements; alterations to the on-site parking lot two (2) new exterior doors with stairs and metal landings;one (1) new recycling container and one (1) new trash compactor. APPLICANT: BRR Architecture Attn: Bill Boyden 6700 Antioch Plaza,Suite 300 Merriam,KS 66204 OWNER: Tecolote Resources, Inc. c/o Heslin Holdings 23421 South Pointe Drive, Suite 270 Laguna Hills,CA 92653 LOCATION: 16200 SW Pacific Highway,Suite Z WCTM 2S115BA,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 MMD2016-00034 Sprouts 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request, subject to a condition of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION,ATTN: LINA SMITH (503)718-2438 or LinaCS(&,,tigard-or.gov.The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to issuance of building permits, the applicant shall submit documentation of approval from the franchised hauler, Pride Disposal, for the new recycling container and new trash compactor. 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 16200 SW Pacific Highway, Suite Z; south of SW Durham Road,west of SW 113th Avenue, and east of SW Pacific Highway. This property is part of the Tigard Towne Square shopping center, but is located on its own 3.9-acre tax lot (WCTM 2S115BA,Tax Lot 100).The subject tax lot contains an existing 51,004-square-foot tenant space that is occupied by a sales-oriented retail use,as well as associated parking and landscaping.The property 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: The applicant is proposing a minor modification to an existing development at 16200 SW Pacific Highway, Suite Z. Specifically, the applicant's proposal includes: a. Partitioning the existing 51,004-square-foot tenant space into two (2) spaces.The first space will be 30,014 square feet in size and will be occupied by the applicant, Sprouts (a sales-oriented retail use). The second space will be 20,990 square feet in size and will be vacant. The previous tenant was also a sales-oriented retail use; therefore, there is no change to the site's minimum off-street parking requirement. Parking is further discussed below in this staff report. MMD2016-00034 Sprouts 2 b. Interior tenant improvements to the newly-created 30,014-square-foot tenant space. The 20,990-square-foot tenant space will be vacant, and no interior changes are proposed at this time. Staff will review all interior tenant improvements at the time of building permit submittal. c. Exterior building façade improvements in order to update the new 30,014-square-foot tenant space's storefront. The storefront will include a new cornice that will measure 28 feet to the top, and a metal awning for weather protection. Staff reviewed the applicant's narrative and elevation drawings to confirm the proposed façade improvements meet all development standards for the C-G zone,including maximum building height and minimum setbacks. d. Install a pavement overlay to the on-site parking lot and restripe parking spaces. As a result of these modifications, the total on-site parking count will be changed to 198 spaces. Based on the calculations outlined in TDC Table 18.765.2, the total minimum off-street parking requirement for this project is 154 spaces (3.0 spaces for every 1,000 square feet of sales-oriented retail use). Accordingly, staff finds there is adequate parking provided on site. e. Construct two (2) new exterior doors with stairs and metal landings. Staff reviewed the applicant's site plan and elevation drawings to confirm the proposed doors, stairs, and landings meet all development standards for the C-G zone,including minimum setbacks. f. One (1) new recycling container and one (1) new trash compactor that will be located on the south side of the subject building. Staff reviewed the applicant's site plan and elevation drawings to confirm the proposed storage areas comply with"I'DC 18.755.050 Location,Design and Access Standards for Storage Areas. Furthermore, staff has included a condition for the applicant to provide documentation of approval from the franchised hauler, Pride Disposal, prior to building permit issuance. 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. FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do not apply.Therefore, the proposed development is not a major modification.This criterion is met. CONCLUSION: The proposal is a Minor Modification of existing site development and is in compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. MMD2016-00034 Sprouts 3 THIS DECISION IS FINAL ON DECEMBER 13, 2016 AND BECOMES EFFECTIVE ON DECEMBER 14, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. IOW —s— ___�� December 13,2016 APPROVED BY: Lina Smith Assistant Planner \IMMI)2016-00034 Sprouts 4 )-0 1�1 lJ �I Cit of Ti andr1:cBvED IIIIll ■ COMMUNITY DEVELOPMENT DEPARTMENT NOV 3 bn 2016TI GARD Minor Modification Type I�Application PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL This is a tenant improvement project for a new Sprouts Farmers ELEMENTS Market grocery store. The existing tenant was an Albertson's (grocery). Scope of work includes the demising of the existing Owner's Signature/Written Authorization Albertson's space plus exterior facade improvements, exterior access improvements, utility upgrades,and interior build-out of ® Title Transfer Instrument or Deed the Sprouts space only. ® Site Plan (2 large plans drawn to scale and one reduced to 8.5"x111/2") Property address/location(s): Tigard Towne Square X Applicant's Statement/Narrative 16200 SW Pacific Highway,Tigard,OR 97224 (2 copies)Address criteria in: MC. 18.360.050.B.1-1 1 Tax map and tax lot #(s): 25115BA00100 ® Filing Fee Site size: 30,014 square feet (Sprouts portion of the remodel only) I ()It SLAY'. ISI: ON1.1 Applicant': BRR Architecture QO/f p M//'/b7S .,/ Case No.: Address: 6700 Antioch Plaza, Suite 250 Merriam, KS Related Case No.(s): City/state: Lip: 66204 ?f Phone: 913-236-3353 Email: bill.boyden@brrarch.com Application Fee: r-?6-D nim..... Application accepted: PROPERTY OWNER/DEED HOLDER(S)• 0 Same as Applicant By: Date:___ ,P2her 40_ Name: Tecolote Resourses, Inc. Application determined complete: Address: c/o Heslin Holdings 23421 South Pointe Drive, Suite 270 By: L S Date: io City/state. LagunaHills, CAZip: 92653 �CURPLNMasters\lard Use Applications Rev.11/24/2014 Contact name: Casey McKeon Phone number: 949-297-4460 •1XThen 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 3304120(13)(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 he 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 c� 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 nor violate any deed restrictions that may he 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 TURES of each owner of the subject property required. ib ,die. WS'aV-t- U). "&y2-x-7.1 1/2-/- A •li .nes signatur, Print name T Date• /IIP ea-e C‘_ t C_)\ P?-14 ye4er'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: s:c5-r:r.3.r:�!-,e.�;x;�:.W:ter:;ass`.ee�.::cer.:..;:wfi�.,..'a�.,;v r.::Fc:�tc� ;cs•::::1c>�-;r��r.�s�.rei=:ts•`•.*m��:.�»�x:�z�i.tie:r»n.�:_..�,_.ti�..7ser�r���...."'.,r.,-:.x::,.... .::r:.�,•::e.:rcn::�s^r-.=:s..ectz__.,>.;�es.._.rra.��x: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ww.tigard-or.gov • 503-718-2421 • Page 2 of 2 Commitment for Title Insurance :;411(gt‘' First American ISSUED BY Commitment First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. In Witness Whereof, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. First American Title Insurance Company RECEIVED Dennis J Gilmore Pent NOV 2 9 2016 Ali,k4-44-e3-11/ CITY OF TIGARD Jeffrey S Robinson PLANNING/ENGINEERING ecretary (This Commitment is valid only when Schedules A and B are attached) This jacket was created elctronically and constitutes an original document Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011641(7-1-14) Page 1 of 10 ( _ ALTA Commitment(6-17-06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B, or (c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at chttp://www.alta.org/>. Form 5011641(7-1-14) Page 2 of 10 ALTA Commitment(6-17-06) .,` AV", Commitment for Title Insurance First American ISSUED BY Schedule A First American Title Insurance Company File No.: NCS-787230-SA1 1. Effective Date: April 05, 2016 at 8:00 A.M. 2. Policy (or Policies) to be issued: AMOUNT Extended Lender's Policy $ TBD $ TBD Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple as to Parcels I and II, an easement as to Parcel III 4. Title to the Fee estate or interest in the land is at the Effective Date vested in: Tecolote Resources, Inc., a California corporation, as to an undivided 41.48% interest, Kelly's Legacy, LLC, a California limited liability company, as to an undivided 40.28% interest, and Sherri I. Bovino, as successor trustee of the Burden Children's Trust, dated December 17, 1986, as to an undivided 18.24% interest, all as tenants in common 5. The land referred to in this Commitment is described as follows: PARCEL I: BEGINNING AT THE QUARTER CORNER ON THE NORTH LINE OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON; THENCE NORTH 89° 57' 21" EAST ALONG THE NORTH LINE OF SAID SECTION, 201.27 FEET; THENCE SOUTH 00° 02' 39" EAST 45.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 02' 39" EAST 110.06 FEET; THENCE SOUTH 89° 57' 21" WEST 73.29 FEET; THENCE SOUTH 00° 02' 39" EAST 345.83 FEET; THENCE NORTH 89° 57' 21" EAST 7.00 FEET; THENCE SOUTH 00° 02' 38" EAST 144.43 FEET; THENCE NORTH 89° 58' 42" WEST 264.00 FEET; THENCE NORTH 00° 02' 39" WEST 144.12 FEET; THENCE NORTH 89° 57' 21" EAST 7.00 FEET; THENCE NORTH 00° 02' 39" WEST 137.33 FEET; THENCE SOUTH 89° 57' 21" WEST 29.18 FEET; THENCE NORTH 00° 02' 39" WEST 362.38 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF DURHAM ROAD; THENCE SOUTH 69° 30' 00" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 30.17 FEET; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE ON THE ARC OF A 522.46 FOOT RADIUS CURVE TO THE LEFT(THE CHORD OF WHICH BEARS SOUTH 79° 46' 20" EAST 186.33 FEET)A DISTANCE OF 187.34 FEET; THENCE NORTH 89° 57' 21" EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 15, A DISTANCE OF 140.88 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEDICATION DEED RECORDED JANUARY 04, 1994 AS FEE NO. 94000640. FURTHER EXCEPTING THEREFROM THAT PORTION DEEDED TO THE CITY OF TIGARD FOR Form 5011641(7-1-14) Page 3 of 10 .._v ALTA Commitment(6-17-06] ROAD PURPOSES BY DOCUMENT RECORDED JUNE 06, 1994 AS FEE NO. 94054515. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. PARCEL II: A PARCEL OF LAND LYING WITHIN PARCEL 2 OF PARTITION PLAT NO. 1994-028,WASHINGTON COUNTY SURVEY RECORDS LYING IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, PARTITION PLAT NO. 1994-028; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 00° 02' 39" WEST, 144.43 FEET; THENCE SOUTH 89° 57' 21" WEST, 7.00 FEET; THENCE NORTH 00° 02' 39" WEST, 345.83 FEET; THENCE NORTH 89° 57' 21" EAST, 44.30 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 00° 02' 39" EAST, 345.85 FEET; THENCE NORTH 89° 57' 21" EAST, 7.00 FEET; THENCE SOUTH 00° 02' 39" EAST, 144.46 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 58' 42" WEST, 44.30 FEET TO THE POINT OF BEGINNING. THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. PARCEL III: THOSE EASEMENT RIGHTS CREATED BY DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED JUNE 12, 1987 AS FEE NO. 87030100. Form 5011641(7-1-14) Page 4 of 10 ALTA Commitment(6-17-06) Commitment for Title Insurance First American ISSUED BY Schedule BI First American Title Insurance Company File No.: NCS-787230-SA1 REQUIREMENTS The following requirements must be satisfied: 1. Payment of the necessary consideration for the estate or interest to be insured. 2. Pay all premiums, fees and charges for the policy. 3. Documents satisfactory to us, creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. Payment of all taxes and/or assessments levied against the subject premises which are due and payable. Form 5011641(7-1-14) 1Page 5 of 10 f ALTA Commitment(6-17-06) •`` `M'`'{ Commitment for Title Insurance First American �== ISSUED BY Schedule Bli First American Title Insurance Company File No.: NCS-787230-SA1 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. City liens, if any, for the city of Tigard. Note: An inquiry has NOT been made concerning the actual status of such liens. A fee of$25.00 will be charged per tax account each time an inquiry request is made. 7. These premises are within the boundaries of the Clean Water Service District and are subject to the levies and assessments thereof. 8. Easement, including terms and provisions contained therein: Recording Information: October 28, 1963 in Volume 499, Page 0220 In Favor of: Adjacent property owners For: Roadway 9. Easement, including terms and provisions contained therein: Recording Information: August 30, 1974 in Volume 990 Page 0944 In Favor of: Tualatin-Franklin, a joint venture of Tualatin Development Co., Inc., an Oregon corporation and Franklin Service Corporation, an Oregon corporation For: Sewer pressure line Form 5011641 (7-1-14) Page 6 of 10 ALTA Commitment(6-17-06) 10. Easement, including terms and provisions contained therein: Recording Information: June 12, 1987 as Fee No. 87030098 In Favor of: The City of Tigard For: Sanitary sewer Document re-recorded October 14, 1987 as Fee No. 87052056 of Official Records. 11. The terms, provisions and easement(s) contained in the document entitled "Declaration of Restrictions and Grant of Easements" recorded June 12, 1987 as Fee No. 8. 7030100 of Official Records. Document(s) declaring modifications thereof recorded July 9, 1999 as Fee No. 99082160 of Official Records. 12. The terms and provisions contained in the document entitled "Common Area Maintenance Agreement" recorded June 12, 1987 as Fee No. 87030101 of Official Records. Document(s) declaring modifications thereof recorded July 9, 1999 as Fee No. 9908.2161 of Official Records. 13. The terms and provisions contained in the document entitled "Covenant Not To Compete" recorded December 8, 1988 as Fee No. 88054663 of Official Records. 14. Covenants, conditions, restrictions and easements in the document recorded May 17, 1999 as Fee No. 990599.50 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 15. The following matters disclosed on the ALTA/ACSM Land Title Survey prepared by Michael A. Hoffmann, Professional Land Surveyor No. 57847 of Terramark on behalf of American National dated March 9, 2016, last revised March _, 2016, identified as Network Reference No. 20162942: a) Parking spaces extend beyond Easterly and Westerly property lines; and b) Variation between the location of chain link fence and Southerly record line of title. 16. Evidence of the authority of the officers of Tecolote Resources, Inc., a California corporation, to execute the forthcoming instrument, copies of the current Articles of Incorporation, By-Laws and certified copies of appropriate resolutions should be submitted prior to closing. NOTE: The Oregon Corporation Division has no active record of Tecolote Resources, Inc., a California corporation. 17. Evidence of the authority of the individual(s) to execute the forthcoming document for Kelly's Legacy, LLC, a California limited liability company, copies of the current operating agreement should be submitted prior to closing. NOTE: The Oregon Corporation Division has no active record of Kelly's Legacy, LLC, a California limited liability company. Form 5011641(7-1-14) Page 7 of 10 ALTA Commitment(6-17-06) 18. Terms, provisions, conditions of the Trust Agreement of Burden Children's Trust dated December 17, 1986, and any subsequent modifications, a copy of which should be submitted to this office for inspection. 19. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.)or the Packers and Stockyards Act(7 U.S.C. §§181 et seq.) or under similar state laws. 20. Unrecorded leases or periodic tenancies, if any. Form 5011641(7-1-14) Page 8 of 10 ALTA Commitment(6-17-06) INFORMATIONAL NOTES NOTE: This report does not include a search for Financing Statements filed in the office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the office of the County Clerk(Recorder) covering fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and book. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of$1.00 per thousand or fraction thereof on the transfer of real property located within Washington County. NOTE: Taxes for the year 2015-2016, paid in full. Tax Amount: $65,900.82 Code No.: 023.74 Map &Tax Lot No. 2S115BA-00100 Property ID/Key No. R520314 (Affects Parcel I) NOTE: Taxes for the year 2015-2016, paid in full. Tax Amount: $12,682.97 Code No.: 023.74 Map &Tax Lot No. 2S115AB-01901 Property ID/Key No. R2091168 (Affects Parcel II) The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon Form 5011641 (7-1-14) Page 9 of 10 ��� ALTA Commitment(6-17-06 j First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE 1.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 2.American Land Title Association OWNER POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors.rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Form 5011641(7-1-14) Page 10 of 10 ALTA Commitment(6-17-06)! • . �.�....., /, I + `` _----_ -- -- -.. ... / l 0 1 / 1 '6 1 r 5 SITE .. ..._.._ f. / ( O 1 RECEIVED ... / I , I / / NOV 2 8 2016 I --� / i CITY OF TIGARD / PLANNING/ENGINEERING I 1 n i " n 8 � 0 s VICINITY MAP s � - i2 1'-5,000' / Ir r r //PUMA �SITE DATA OVERLAY ZONNGGENERAL COMMERCIAL DISTRICT(C-G) PARCEL NO.: 251158600100 CITY OF T I G A PC r SITE AREA: 4.40 AC I NUMBER OF LOTS 1 "• 177.70 117.70 RECYCLNG PROVIDER: PRIDE DISPOSAL CCUPANY ir / SHERWOK820 Approved Planning ,1 ' ,,,* ,77.3(1 I. I, SNERWDQo,OR 97„D / I (503)625-6177Iv J \ ADA PARKING \ O.a I BUILDING DATA 1 \.�:: . / Date:. , y le.1%• �GROSS.FLOOR AREA: NrERc>ProR y� A\ , %SPROUTS =30,014 SFJJJUUU@@@��_ +JDEMISED SPACE =20.990 SF1 f 176.05��. I 176.50 . 17s.e1 17s 05 TOTAL =s,,004 SF QQ Initials: 1 � '” \ BICYCLE DATA *• 1 _ -1 PARKNG REWIRED-SPROUTS(0.3 STALLS/1,000 SE) �• / 1 4 I — APPUCABLE BUILDING AREA -30,014 SF TOTAL STALLS REQUIRED =9 STALLS p"iinkBr '" "'" TOTAL STALLS FRONDED =10 STALLS / 176.80 ',,+, BIKE RACK 177.03 t. PARKING DATA k• '' 177.15 (5 TOTAL STALLS) {s TOTAL STALLS tfr / 1767. PARKNG REQUIRED-SPROUTS(3 STALLS/1,000 SF) Fr APPUCABIE BUILDING AREA =30,014 SF 4'GREASE TOTAL STALLS REQUIRED =91 STALLS / WASTE UNE S PARKNG REQUIRED-DENIMSPACE(3 STALLS/1,000 SF) LATERAL SLIER]4'9DE APPLICABLE BUILDING AREA =20,903 SF Yr / SPROUTS ����NI►WI RBrw140 AREA 81 1120,900�j TOTAL STALLS REQUIRED =63 STALLS F S38FE X16 FEE-ilD716 - PARKING FRONDED-SPROUTSm STANDARD STALLS =110 STALLS ACCESSELE STALLS = 7 STALLS S TOTAL STALLS =117 STALLS / LEGEND PARKING PROVIDED-ODMISED SPACE - 11 STANDARD STALLS =74 STALLS . PROPERTY UNE r• =t o ACCE E STAU S = 7 STM 1 Q TOTAL STALLS =81 STALLS SAWCUT NEW METAL 1 V ———— UNITS OF PAVEMENT OVERLAY LANCING AREA R NEW METAL AND STAIRS 1 AND LANDING AREA RGRAPHIC SCALE / I'•.•..'`!•.I CONCRETE SIDEWALK I NEW RECYCLING CONTAINER , ASPHALT PAVEMENT OVERLAY EL GAS METER ill _ L , 60 0 30 60 120 240 1 !SNF N ���*:•:•D: UTIITY TRENCH jj//LOADING AREA;y'� ,`_�-`itala. 1 g r.;�//' LOADING AREA I /%//!ii7.i.�' --IELECON I I d (IN FEET) CONCRETE WEDGE CURB 1 2'DOMESTK 1 1 inch= 80 ft. WATER SERVICE • NEW TRASH COMPACTOR I I a` 1 N0. Dat. By Ft.Vitlon Descripikin Osepad M INA,Di S�\Q�IPX OI�sJ g. SIM 11/15/16m Im 1, ZgaThte °f QAC SSS SITE PLAN C-1.0 TAC SP RENEW Alligil liRE M 10-554-001la VP sF��e1 1 a"Th � 1505WeA4keAwe N. T&°66))T2= �ObI5229510 PA ,-na&fiD,OR 97224 ,,, SIAM I YA\ Suu 305 F czab,s�xa5++ 16200 SIN Searle,WA 90109 -navel-o.a. RECEIVED NOV 282016 1Nrlll TO NAT�M Ci151rW rte WINCE ON VP or 1 CITY OF TIGARD t E.�rrc.AMMA.EE, NEM NEW NWT OUT TO WATCH DARING TO NENMn storms co TOR or IrN^,v EVS .... Tn[EWSiSC MA, N , FSINl1DF0 rAGK sw�ee' "'��j` xrgrrTERM'WNrsrnPLANNING/ENGINEERING In\A"" G°°"'""�`"} ,TPe'e.i- n ---� .- III -- ....... -.a...;;p-ENEMl0 i-- l �r.o.PMAPE, n ; .. : -�, ' �,i �.7 _._..— 7"..4. T.►wuiEr(Ea a • T •N/Yi - - _ TO.PMFPEt3((]IST;. *11111 EN W III FARMERS MARKET W l W 1 4 IAiiii-iiiiiillinligill111111111moni - 41 1% IMI....NItitg - ---- � rNI�rE00N J NCW COLWN BUNT GIF ldJ rNtfAe N[fAC A..P.0 \-—WIm}SD�CIRARnI–1a.,revara Essrrc J L 11011 CI.IONC(TY►} NEO.ono �.....v% Easvic r0 KUM North Elevation Scale:NTS `°m P"' � CREATE CE"m smsc' TANO SIOI[rMat Nr.. Me CON.R SANTORTS ON TM OE NEM ENEMA=FACADE NEW.IE1 OOT TO um. ecrovn ENs ME EWSneC PAaAPET .1-cez _ �SE'rONp E101f errao NlN .Q CONIWCC(kEtj ACCCNt CITY OF TI GARDr 1 ,-----7— .o IAOA ISAPET(EASt) i 1 1 _e Approved by ManninTO PM E,-,-i, r Date: 1- �I3�l� iii • A ...i._ Initials: LS / 1 ....NEiN.Ay....-- li Cel&DCN 117/11r lgi OM. SCNEEM.0 WASE Il , ICC b rwgN ClrtCCR it S,100_0',/- ._f% 1 .III .. rrNl9i GLOW ma . seSs�Wi� ORAM rte otcliG AEUM.W ClP@ 10 NATM ENFNC NigL TO RAT. RM CSTTAOR•.. .....—/ Kir BOOR NEM suss mil b,c EOOAnGT fM rtM DCCT West Elevation Scale:NTS 5f0"E"BG """ `"s°� Ew�tN, APPKINAATE U. Of r[e CEv19NC IP. l TA P/RAPEfUr)s. JI aiminn �.q�'��� NEW CONTACTOR MD tt• NEM CVJ Keel P.Ka STEEL X01(SAVE —I wa.c PASi� South Elevation Scale:NTS 9°`17""0 e4A E9o`"`N'"PO L.A. OCAS WC `�"� Sprouts-Color Elevations - B I R I R 1 .. 7l9ard,OR --................,,....., ..T. ,...+... MADRAX DIVISION R E C E(V E D GRABER MANUFACTURING,INC. 1080 UNIEK DRIVE Ni-, p WAUNAKEE,WI 53597 P(800)448-7931,P(608)849-1080,F(608)849-1081 NOV 2 8 2016 WWW.MADRAX.COM, E-MAIL:SALES@MADRAX.COM CITY OF TIGARD 173 PLANNING/ENGINEERING ' 39 1/4"±1" 2-3/8"OD STEEL TUBING NW 10" .011- L rr _._..-).i 42"±112" :__ V GRADE 0 0 Ai 36 3/4"±l" aP ELEVATION VIEW 3 LOOP-5 BIKE CAPACITY CHECK DESIRED MOUNT 0 GRADE 3/8 ANCHOR ROD 10"t, 0111 THRU LE (INCLDOED BY MADRAX) •►roll 9116" HOLE ��� 9/16" HOLE CONCRETE TYP. AL TYP. GRANULAR NI NATIVE SOIL 7" --�►� 1?- . 40 / NA LAG BOLT LAGBOLT CONCRETE CONCRETE 0 IN GROUND MOUNT(IG) 0 SURFACE FLANGE MOUNT(SF) SECTION VIEWS 0 SURFACE GUSSET MOUNT(SG) PRODUCT:HW238-5-IG(SF,SG) DESCRIPTION:HEAVY DUTY WINDER BIKE RACK 5 BIKE,SURFACE OR IN GROUND MOUNT DATE:8-21-12 ENG:SMC NOTES: CONFIDENTIAL DRAWING AND INFORMATION IS NOT TO BE COPIED OR DISCLOSED 1. INSTALL BIKE RACKS ACCORDING TO MANUFACTURER'S SPECIFICATIONS. TO OTHERS WITHOUT THE CONSENT OF GRABER MANUFACTURING,INC. 2. CONSULTANT TO SELECT COLOR(FINISH),SEE MANUFACTURER'S SPECIFICATIONS. SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. 3. SEE SITE PLAN FOR LOCATION OR CONSULT OWNER. ©2012 GRABER MANUFACTURING,INC.ALL PROPRIETARY RIGHTS RESERVED. RECEIVED Clean Water Services File Number NOV 28 2016 CleanWater Services 16-004121 CITY PLANNING/ENGINEOFTIGARiots itive Area Pre-Screening Site Assessment 1. Jurisdiction: Tigard 2. Property Information (example 1 S234AB01400) 3. Owner Information Tax lot ID(s): 2S 115BA00100 & 2S1 1 5AB01901 Name: Heslin Holdings,Inc. ..511BA00109) Compar Attn:Casey McKeon Address 23421 South Point Drive Suite 270 Laguna Hills,CA 92653 Site Address: 16200 SW Pacific Highway City, St.Phone:949-297-4460 City, State,Zip: Tigard CA,92653 Phone/F FAX:949-297-4483 Nearest Cross Street: SW Durham Road E-mail: Email:casey@heslinholdings.com 4. Development Activity(check all that apply) 5. Applicant Information D Addition to Single Family Residence(rooms,deck,garage) Name:JBRR Architecture ❑ Lot Line Adjustment ❑ Minor Land Partition Compar Attn:Bill Boyden ❑ Residential Condominium ❑ Commercial Condominium 6700 Antioch Plaza Suite 300 Address Merriam,KS 66204 D Residential Subdivision Commercial Subdivision ❑ Single Lot Commercial Multi Lot Commerclip City, Sta Phone:913-236-3353 Phone/F'FAX:913-262-9044 Other Email: bill.boyden@brrarch.com sub-dividing vacant Albertson's grocery store E-Mail: 6. Will the project involve any off-site work? ❑Yes lJ No ❑ Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project this will be tenant improvement of Sprouts Farmers Market occupying about 30,000sf of a vacant Albertson's grocery stor This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am familiar with the information contained in this document,and to the best of my knowledge and belief,this information is true,complete,and accurate. Print/Type Name Bill Boyden Print/Type Title Entitlment Manger ONLINE SUBMITTAL Date 11/1/2016 FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,state and federal law. ❑ This Service Provider Letter is not valid unless CWS approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewed by Date 11/1/16 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 • Phone:(503)681-5100 • Fax:(503)681-4439 - www.cleanwaterservices.org Chapter 18.360 RECEIVED SITE DEVELOPMENT REVIEW NOV 28 2016 18.360.050 Major Modification(s)to Approved Plans or Existing Development CITY OF TIGARD Nr B. Evaluation criteria. The director shall determine that a major modification(s)wilt rrri ��ie or more of�tfie following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; Answer—This is not a residential development; this requirement is not applicable. 2. A change in the ratio or number of different type of dwelling units; Answer—This is not a residential development;this requirement is not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Answer—3 spaces per 1,000sf required; 30,000/1000=30 x 3 =90; provided 117. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Answer—this was previously a grocery store (Albertson's)and will remain a grocery store (Sprouts Farmers Market). 5. An increase in height of the building(s) by more than 20%; Answer—an increase of 5'-0" proposed over a parapet length of 28'-0"or 17.4%which does not exceed the 20%maximum. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; Answer—The access ways and parking areas have not been altered from existing layout. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Answer--Vehicular traffic is anticipated not to exceed that of Albertson's as Sprouts is a smaller store. 8. An increase in the floor area proposed for the nonresidential use by more than 10%excluding expansions under 5,000 square feet; Answer—The increase in floor area (338sf) is less than 10%of the total floor area of the store. 9. 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%; Answer—There has not been a decrease in common open space or usable open space area. 10. 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 Answer—There has been no change from the existing development. b. Screening; and/or Answer--There has been no change from the existing development. c. Landscaping provisions Answer—There has been no loss of landscaping from the existing development.