MMD2018-00033 MMD2O18 - 00033
ASHLEY
FURNITURE
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2018-00033
ASHLEY FURNITURE
TIGARD
120 DAYS = November 23, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: Ashley Furniture
CASE NO.: Minor Modification(MMD) MMD2018-00033
PROPOSAL: The applicant is proposing a change of use to an existing tenant space at 10329 SW
Cascade Avenue.The 24,500-square-foot tenant space will be changing from a sales-
oriented retail use to a bulk sales use,Ashley Furniture. No changes to the building
footprint,on-site parking,or on-site landscaping are proposed.
APPLICANT: Alegis Construction,Inc.
Attn:John Fifield
12909 SW 68th Parkway,Suite 170
Portland,OR 97223
OWNER: RAM/Cascade Center,LLC
By Deering Management Group,Inc.
Attn:Carole Woodruff
4800 SW Macadam Avenue,Suite 120
Portland,OR 97239
LOCATION: 10329 SW Cascade Avenue
WCTM 1S135BB,Tax Lot 500
ZONING
DESIGNATION: MUC: Mixed-Use Commercial Zone. The MUC zone includes land around the
Washington Square Mall and land immediately west of Highway 217.Primary uses
permitted include office buildings, retail, and service uses. Also permitted are
mixed-use developments and housing at densities of 50 units per acre. Larger
buildings are encouraged in this area with parking under, behind or to the sides
of buildings. In addition to the standards of this chapter,development within this
zone is subject to the standards of Chapter 18.670.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.780.050.0
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.
MMD2018-00033 Ashley Furniture 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located on the west side of SW Cascade Avenue, northwest of SW Greenburg Road,and
south of SW Scholls Ferry Road. The subject property is (WCTM 1S135BB, Tax Lot 500) is 8.01 acres
in size, and contains two existing commercial buildings, with associated parking and landscaping. The
property is partially located in the Clean Water Services Vegetated Corridor.The property is zoned Mixed
Use Commercial (MUC),and is located in the Washington Square Regional Center Plan District.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.780 Site Development Review:
18.780.050 Minor Modifications
C. Approval criteria. The approval authority shall approve or approve with conditions an
application for a minor modification when all of the following are met:
1. The proposed development is in compliance with all applicable requirements of this
title; and
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 24,500-square-foot tenant space will be
changing from a sales-oriented retail use to a bulk sales use,Ashley Furniture.
The subject property is (WCTM 1S135BB,Tax Lot 500) is 8.01 acres in size, and contains two existing
commercial buildings. The building located in the northwest portion of the site is approximately 50,000
square feet in size,and contains two tenant suites. One tenant suite will be occupied by the applicant,and
the other tenant suite is currently occupied by a sales-oriented retail use(Fisherman's Marine&Outdoor).
The second commercial building is approximately 45,500 square feet in size,and is currently occupied by
a bulk sales use (Mor Furniture For Less).
The table below calculates the minimum off-street vehicle requirements for this site,based on the parking
requirements in CDC Table 18.310.2:
Square Total Parking
Use Category Footage Minimum Parking Ratio Spaces Required
1.0 space/1,000 square feet,but no
Bulk Sales 70,000 less than 10 70
Sales-Oriented Retail 25,500 3.0 spaces/1,000 square feet 77
TOTAL 147
Staff finds that 147 parking spaces are required for the development site, taking into consideration the
change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate
parking at the development site,with 422 parking spaces provided.
Upon review of the applicant's plans and narrative, staff finds that all other requirements of this title are
not applicable.This criterion is met.
a
MMD2018-00033 Ashley Furniture 2
2. The modification is not a major modification.
The applicant is not proposing any of the changes outlined in CDC 18.780.040.B. Therefore, this
proposal is not a major modification. This criterion is met.
CONCLUSION: The proposal is a minor modification to an existing development and is in
compliance with the applicable requirements of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A minor modification is a Type I procedure. As such, the Director's decision is final for purposes of
appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally,and is the final decision of the City.
THIS DECISION IS FINAL ON JULY 30, 2018
AND BECOMES EFFECTIVE ON JULY 31, 2018
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
L � .
July 30, 2018
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
MMD2018-00033 Ashley Furniture 3
1�1
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City of Tigard e) '$
111111 a �� COMMUNITY DEVELOPMEN I" DEPARTMENT JUL G 2 018
TIGARD Minor Modification Type I AppatioIi1No
PROPOSAL SUMMARY (Brief description)
SEE ATTACHED REQUIRED SUBMITTAL
ELEMENTS
Owner's Signature/Written
• thorization
G Title Transfer Instrument or Deed
(Site Plan
large 2 plans drawn to scale
(
d one reduced to 8.5"x111/2")
�SW Cascade Boulevard Applicant's Statement/Narrative
Property address/location(s)���` copies)Address criteria in:
Tigard, OR 97223 DC 18.780.040.B
Tax map and tax lot #(s): Map:1 S 135BB00500 Filing Fee
Acct#: R273162
FOIL STAFF lltil. ONLY
Site size: 0/ .JC
Case No.: M 2 2-0rs _00x3 3
Applicant*: Alegis Construction Inc. Related CaseNo.(s):
12909 SW 68th Pkwy Ste.170
Address:
1`"�y Application Fee: +3
City/state: Portland, OR Zip; 97223 Application accepted:
Phone:503-910-9193 Email: john.fifield@alegisconstruction.com BF Date:112-3110
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)* ❑ Same as Applicant /( Date:
/L(46
Name: Deering Management Group Inc. By.
I:\CommunityDevelopment\LandUseApplications\02_Formsand
Address:
4800 SW Macadam Ave., Suite 120 Templates\Land Use Applications Rev.12/14/2017
City/state: Portland, OR Zip: 97239 * When the owner and the applicant are
CarolWoodruff
different people,the applicant must be the
Carole ru
Contact name: purchaser of record or a lessee inpossession
Phone number: 503-225-1545 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 18.780.040(B) or 18.740.020(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 SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• f ••,. - ,•- s• volare 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,basedon 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.
SIGNATURE i f each owner of the subject property required.
R
0144 lift.t.44
canes -.: re Print name Date
- CarO WCArbCf-11
I C g
Owner's signatur '_,LW/LPrint 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 MODIFICATIONAPPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2
MS Loan No. 05-20998
RAM/CASCADE CENTER, LLC, as grantor
(Borrower)
to
CHICAGO TITLE INSURANCE COMPANY, as Trustee
and
MORGAN STANLEY MORTGAGE CAPITAL INC., as beneficiary
(Lender)
DEED OF TRUST AND SECURITY AGREEMENT
Dated: August 1, 2005
Location: 10355-10487 S.W. Cascade Boulevard
Tigard, Oregon 97223
Section:
Block:
Lot:
County: Washington
PREPARED BY AND UPON
RECORDATION RETURN TO:
PIRCHER, NICHOLS & MEEKS
1925 Century Park East
Suite 1700
Los Angeles, CA 90067
Attention: Douglas E. Lahammer
5302825.4 7/27/2005
STATE OF OREGON
COUNTY OF Oregon
On this 29 day of July , 2005 before me appeared Rosana P.
Haugland, Manager of RAM Property evelopment, LLC, an Oregon limited liability
company, the Sole Member of RAM/C cade Center, LLC, a Delaware limited liability
company, on behalf of said limited is lity company.
/1/
No Public for the State of Oregon
My commission expires: 6-28-07
•
LFFSEAJ
L
`�.. BEVERLY J.FiSFR
"' » NOTARY PUBLIC-OREGON
`. COMMISSION NO.369637
MY COMMISSION EkPIRES JUNE 28,2007
RECEIVED
JUL232018
EKING
F
PL ANNICITYE` O •GIiV
not be, counsel for Lender) upon any matters arising hereunder, including the
may be ,but need
preparation, execution, and interpretation of the Note, this Security Instrument or the Other
Security Documents, and shall be fully protected in relying as to legal matters on the advice
of
counsel, (ii) to execute any of the trusts and powers hereof and to perform any duty hereunder
either directly or through his/her agents or attorneys, (iii) to select and employ, in and about the
execution of his/her duties hereunder, suitable accountants, engineers and other experts, agents
and attorneys-in-fact, either corporate or individual, not regularly in the employ of Trustee, and
Trustee shall not be answerable for any act, default, negligence, or misconduct of any such
accountant, engineer or other expert, agent or attorney-in-fact, if selected with reasonable care,
or for any error of judgment or act done by Trustee in good faith, or be otherwise responsible or
accountable under any circumstances whatsoever, except for Trustee's gross negligence or bad
faith, and (iv) any and all other lawful action as Lender may instruct Trustee to take to protect or
enforce Lender's rights hereunder. Trustee shall not be personally liable in case of entry by
Trustee, or anyone entering by virtue of the powers herein granted to Trustee, upon the Property
for debts contracted for or liability or damages incurred in the management or operation of the
Property. Trustee shall have the right to rely on any instrument, document, or signature
authorizing or supporting an action taken or proposed to be taken by Trustee hereunder, believed
by Trustee in good faith to be genuine. Trustee shall be entitled to reimbursement for actual
expenses incurred by Trustee in the performance of Trustee's duties hereunder and to reasonable
compensation for such of Trustee's services hereunder as shall be rendered.
Section 22.4 Retention of Money. All moneys received by Trustee shall, until used or
applied as herein provided, be held in trust for the purposes for which they were received, but
need not be segregated in any manner from any other moneys (except to the extent required by
applicable law) and Trustee shall be under no liability for interest on any moneys received by
Trustee hereunder.
Section 22.5 Perfection of Appointment. Should any deed, conveyance, or instrument
of any nature be required from Borrower by any Trustee or substitute trustee to more fully
certainly vest in and confirm to the Trustee or substitute trustee such estates rights, powers, and
duties, then, upon request by the Trustee or substitute trustee, any and all such deeds,
conveyances and instruments shall be made, executed, acknowledged, and delivered and shall be
caused to be recorded and/or filed by Borrower.
Section 22.6 Succession Instruments. Any substitute trustee appointed pursuant to any
of the provisions hereof shall, without any further act, deed, or conveyance, become vested with
all the estates, properties, rights, powers, and trusts of its or his/her predecessor in the rights
hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the
written request of Lender or of the substitute trustee, the Trustee ceasing to act shall execute and
deliver any instrument transferring to such substitute trustee, upon the trusts herein expressed,
all
the estates, properties, rights, powers, and trusts of the Trustee so ceasing to act, and shall duly
assign, transfer and deliver any of the property and moneys held by such Trustee to the substitute
trustee so appointed in the Trustee's place.
• 5302825.4 7/27/2005 50
Article 23—SPECIAL OREGON PROVISIONS
Section 23.1 STATUTORY WARNING: INSURANCE. The following warning is included
pursuant to Oregon Revised Statutes 746.201:
Unless Borrower provides Lender with evidence of the insurance coverage
required under this Security Instrument, Lender may purchase insurance at Borrower's expense
to protect Lender's interest. This insurance may, but need not, also protect Borrower's interest.
If the collateral becomes damaged, the coverage Lender purchases may not pay any claim
Borrower makes or any claim made against Borrower. Borrower may later cancel this coverage
by providing evidence that it has obtained property coverage elsewhere.
Borrower is responsible for the cost of any insurance purchased by Lender. The
cost of this insurance may be added to Borrower's contract or loan balance. If the cost is added
to Borrower's contract or loan balance, the interest rate on the underlying contract or loan will
apply to this added amount. The effective date of coverage may be the date Borrower's prior
coverage lapsed or the date Borrower failed to provide proof of coverage.
The coverage Lender purchases may be considerably more expensive than
insurance Borrower can obtain on its own and may not satisfy any need for property damage
coverage or any mandatory liability insurance requirements imposed by applicable law.
Section 23.2 FORECLOSURE. If this Security Instrument is foreclosed by judicial
procedure, Lender will be entitled to a judgment that will provide that if the foreclosure sale
proceeds are insufficient to satisfy the judgment, execution may issue for any amount by which
the unpaid balance of the Debt and Obligations secured hereby exceeds the new proceeds
payable to Lender, except as otherwise expressly provided in the Note.
Section 23.3 NOT RESIDENTIAL TRUST DEED. Borrower warrants that this Security
Instrument is not and will at all times continue not to be a "residential trust deed" as defined in
ORS 86.705(3).
Section 23.4 FORECLOSURE. Legal expenses and attorneys' fees payable by Borrower
under any provisions of this Security Instrument shall include, without limitation, such expenses,
disbursements and fees incurred or paid by Lender at the pretrial, trial and appellate levels in all
judicial and administrative proceedings.
Section 23.5 STATUTE OF FRAUDS NOTICE. The following notice is made pursuant to
ORS 41.580(1)(h), (2) and (3):
UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND
COMMITMENTS MADE BY LENDER AFTER OCTOBER 3 _1989
CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE
NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR
SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN
WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY LENDER TO
BE ENFORCEABLE.
5302825.4 7/27/2005 51
Section 23.6 MATURITY DATE. The maturity date of the Note is September 1, 2015.
Section 23.7 GRANTOR; BENEFICIARY. Borrower herein is and shall be deemed a
"Grantor" and Lender herein is and shall be deemed a"Beneficiary," as the terms "Grantor" and
"Beneficiary" are defined and used in Oregon Revised Statutes Chapter 86.
[NO FURTHER TEXT ON THIS PAGE]
5302825.4 7/29/2005 S2
IN WITNESS WHEREOF, THIS SECURITY INSTRUMENT has been executed by
Borrower the day and year first above written.
BORROWER:
RAM/CASCADE CENTER,LLC,
a Delaware limited liability company
By: RAM Property Development, LLC,
an Oregon limited liability company,
Its sole member
By: cam°`„
Name: Rosaria P. Haugiand
Title: Manager
5302825.4 7/27/2005 53
EXHIBIT A
Legal Description of Property
Being a tract of land in the Northwest one-quarter of the Northwest one-quarter of Section 35,
Township 1 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon, more particularly described as follows:
Beginning at a 5/8 inch iron rod with yellow plastic cap marked "W.B. Wells & Assoc., Inc." at
the most Northwesterly corner of that tract of land described in Deed Document No. 86-3215,
Washington County Deed Records, also being the Southwesterly corner of Parcel 1 of a minor
partition recorded as Survey No. 20,351 in Washington County Surveyor's Office, and said point
bearing North 15°42'46" West, 2,030.30 feet from an aluminum cap in monument box at the
Southwest corner of D.C. Graham Donation Land Claim No. 52; thence South 71°17'00" West ,
13.60 feet to a point 75.00 feet by perpendicular measure from the centerline of the Southern
Pacific Railroad; thence parallel with said railroad centerline North 18°43'18" West, 602.21 feet
to the Southerly-most corner of that tract of land described in Easement Deed to Multnomah
Propane Inc., recorded at Book 661, Page 374, Washington County Records; thence North
71°17'00" East, 459.85 feet along the Southeasterly line of said easement and along the
Southerly line of that tract of land described in Deed to Multnomah Propane, Inc. recorded at
Book 661, Page 371, Washington County Records to a 5/8 inch iron rod with yellow cap marked
"W.B. Wells 7 Assoc., Inc." in the West line of SW Cascade Boulevard, being of variable width,
said iron rod also being at the beginning of a non-tangent curve to the left having a radius of
1,286.00 feet and a chord of which bears South 36°57'35" East 272.98 feet; thence 273.49 feet
along said curve through a central angle of 12°11'06" to a point of non-tangent reverse curvature
(to the right) having a radius of 161.23 feet and a chord which bears South 22°04'46" East
114.81 feet; thence 117.39 feet along said curve through a central angle of 41°42'54" to a point
of tangency in the West line of said SW Cascade Boulevard; thence along said West line South
01°13'19" East 380.05 feet to a point in the North line of that tract of land described in Deed
Document No. 86-3215, Washington County Deed Records, thence South 88°49'58" West
444.85 feet to the point of beginning.
The Assessor's tax account number for the Property is R273162.
5302825.4 7/27/2005 55
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EXHIBIT C
7-9-2018
Dear Building Official:
Please accept our application for a minor modification as defined by 18.780.050 pursuant to the
modification not being a major modification under section C to modify the formerly Staples Retail Space
to an Ashely Furniture Store.
Under section 18.780.040 sub-section B:
1. We are not proposing to increase the dwelling unit density or lot coverage for residential
development.
2. We are not proposing to change the ratio or number of different types of dwelling units.
3. We are not proposing to implement a change that would require additional on-site parking.
4. We are not proposing changing the structure type.
5. We are not proposing increasing the building height.
6. We are not proposing changing the type and location of access ways and parking areas where
off-site traffic would be affected.
7. We are not proposing to increase vehicular traffic to and from the site. The former use was an
office supply store and the proposed use is a furniture store and vehicular traffic is expected to
reduce.
8. The sales floor area is expected to increase by 2,500 SF at the back receiving area which is less
than 5,000 SF and is therefore excluded as a major modification.
9. Open space is not impacted by this proposal.
10. Recreational facilities, screening, and landscaping are not impacted by this proposal.
11. This proposal does not intend to modify any conditions of prior approvals.
The scope of work we are proposing is as follows:
1. Good Faith Survey—Prior to selective demolition to ascertain environmental safety compliance.
2. Safe off all gondolas, racking, cash wraps, and casework to accommodate demolition to nearest
wall /ceiling junction box for existing fixturization and racking demo.
a. Electrical work to be permitted under independent trade permit.
3. Remove shelving systems except industrial racks at perimeter wall as shown clouded on
drawings.
a. Reference page 1 of 2.
4. Remove,tear down, and store in Owner designated location existing industrial racking as shown
on plan.
5. Remove all casework and flooring in copy center area.
6. Remove and dispose of front security gate and cart corral.
7. Remove carpet at copy center area.
8. Demo conduits, ballasts, and mc cables to nearest existing wall/ceiling junction box at
fixturization and racking demo.
a. Electrical work to be permitted under independent trade permit.
9. Remove cash wraps.
10. Remove up to 20%of damaged VCT flooring including all VCT flooring in break room.
11. Remove rear center wall covering and skim coat.
12. Patch and repair all walls to make paint ready at main sales floor- Room 102; stock room above
plywood - Room 106; breakroom - Room 111; back of house offices— Room 107 & Room 108;
back of house hall way— Room 112; front of house offices Room 103 & Room 105; front of
house hallway, and cash receipt room— Room 104.
13. Grind down threaded tie downs as needed at racking and fixturization removal. Not expected at
fixturization less than 6'.
14. Patch floors with quick set cement as required at threaded tie downs. Not expected at
fixturization less than 6'.
15. Prep floors at areas where VCT and carpet were removed.
16. Replace VCT flooring as required.
17. Remove and reinstall lighting at copy center and align fixtures with sales floor fixtures.
a. Electrical work to be permitted under independent trade permit.
18. Furnish and install (18) 15' power poles with receptacles, 3 rows of 3 on each side of store
aligned with existing columns.
a. Electrical work to be permitted under independent trade permit.
19. Paint store fronts, towers, and exterior entry towers.
20. Paint sales floor and sales floor columns to 14' AFF.
21. Paint reception room to 14' AFF.
22. Paint main sales floor- Room 102; stock room above plywood - Room 106; breakroom - Room
111; back of house offices— Room 107 & Room 108; back of house hall way— Room 112; front
of house offices Room 103 & Room 105; front of house hallway, and cash receipt room— Room
104.
23. Replace damaged acoustical ceiling tiles in entry vestibule.
24. Clean entire space, strip, seal, and wax all VCT floors.
25. Store fixturization by Ashley Furniture.
If you have any questions or clarifications on this proposed scope of work, please give me a call or e-mail
me at the credentials below:
Best Regards,
John Fifield
1-503-910-9193 - Mobile
1-503-427-6065 - Office
1-503-427-6066- Fax
ALEGIS Corporation
www.alegiscorp.com
Oregon:
12909 SW 68th Parkway,Suite 170 1 Portland,OR 97223