MMD2019-00010 MMD2O19 - 0001O
DOUBLE TREE
HOTEL
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2019-00010 .14
DOUBLETREE HOTEL
T I GARD
120 DAYS = August 7, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: DoubleTree Hotel
CASE NO.: Minor Modification (MMD) MMD2019-00010
PROPOSAL: The applicant proposes to construct a new concrete trash enclosure, and to
remove two (2) parking spaces in order to accommodate this enclosure. No on-
site landscaping will be removed as a result of this proposal.
APPLICANT: Curb Accents, Inc.
Attn:Pat Craig
3001 NE 133rd Court
Vancouver,WA 98682
OWNER: NHT Tigard,LLC
By Highland Capital Management
300 Crescent Court,Suite 700
Dallas,TX 75201
LOCATION: 9520 SW Coral Street;WCTM 1S126DC,Tax Lot 4500
ZONING
DESIGNATION: MUE-1: Mixed-Use Employment 1 Zone. The MUE-1 and 2 zones are designed
to apply to areas where employment uses such as office, research and
development, and light manufacturing are concentrated. Commercial and retail
support uses are allowed but are limited, and residential uses are allowed that are
compatible with the employment character of the area. Lincoln Center is an
example of an area designated MUE-1, a high-density mixed-use employment
zone. The Nimbus area is an example of an area designated MUE-2, requiring
more moderate densities.
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC) Chapter 18.765.060.D
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.
MMD2019-00010 DoubleTree Hotel 1
CONDITION OF APPROVAL
THE FOLLOWING CONDITION MUST BE SATISFIED:
Unless noted otherwise, the staff contact shall be Lina Smith,Assistant Planner; (503) 718-2438 or
LinaCS@tigard-or.gov.
1. The applicant must install a gate or door on the north side of the proposed trash enclosure for
screening, so trash containers are not visible from the public sidewalk on SW Coral Street. The gate
or door may not be constructed of chain link fencing with slats or unfinished concrete blocks (CDC
18.420.050.C).
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property (9520 SW Coral Street;WCTM 1S126DC,Tax Lot 4500) is located on the east side of
SW Greenburg Road, north of SW Locust Street, and south of SW Coral Street. The property contains an
existing DoubleTree Hotel building,which was originally approved the City of Tigard Planning Division in
1999 (Case No. SDR1999-00002). According to building permit records, this hotel building was approved
for 45 rooms (Case No. BUP1999-00317). This building is an expansion of the primary hotel building
located on an adjacent property (9575 SW Locust Street;WCTM 1S126DC,Tax Lot 4700). The property is
zoned Mixed-Use Employment 1 (MUE-1), and is located in the Washington Square Regional Center Plan
District.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.765 Modifications:
18.765.060 Minor Modifications
A. Definition.A minor modification has the following characteristics:
1. It has minimal impacts on surrounding properties, sensitive lands,or public facilities; and
The applicant proposes to construct a new concrete trash enclosure that will be seven (7) feet tall, and
approximately 187 square feet in size. Staff reviewed the applicant's materials to confirm this enclosure
complies with the applicable development standards for the MUE-1 Zone, including minimum setbacks
and maximum height (CDC Table 18.320.1).
The proposed trash enclosure is considered a service area;therefore,it may not be located within 20 feet of
any street property line (CDC 18.320.040.D.2). Staff reviewed the applicant's site plan to confirm the
enclosure is located more than 20 feet from the street property line (adjacent to SW Coral Street).
Additionally, the north side of the enclosure must be screened so trash containers will not be visible from
the public sidewalk on SW Coral Street (CDC 18.420.050.C). The applicant's plans do not currently meet
this standard;therefore, staff has included a condition of approval for the applicant to install a gate or door
on the north side of the enclosure.
Additionally,staff reviewed the site design and building design standards in the Washington Square Regional
Center Plan District (CDC Chapter 18.670), and found they do not apply to this proposal.
The applicant also proposes to remove two (2) parking spaces in order to accommodate this enclosure.The
subject site is occupied by an existing commercial lodging building (DoubleTree Hotel),that was approved
for 45 rooms. The total minimum off-street parking requirement for this site is 45 parking spaces (1.0
parking space per room,as outlined in CDC Table 18.410.3).The applicant submitted a site plan that shows
there are currently 47 parking spaces on site.Therefore,even with the proposed removal of two (2) parking
MMD2019-00010 DoubleTree Hotel 2
spaces, there is still adequate parking at the site,with 45 spaces remaining.
Staff finds this proposal, as conditioned,will have minimal impacts on surrounding properties, sensitive
lands, or public facilities, and meets the definition of a minor modification.
2. It does not cause the development to go out of conformance with any applicable standard
or further out of conformance if already nonconforming, except where an adjustment has
been approved.
The applicant proposes to construct a new concrete trash enclosure. Staff reviewed the applicant's
materials to confirm the proposed enclosure complies with the applicable commercial zone development
standards in CDC 18.320.040. However, the proposal does not currently meet the screening standards
for service areas outlined in CDC 18.420.050.C. Accordingly, staff has included a condition of approval
for the applicant to demonstrate compliance with these standards.The applicant also proposes to remove
two (2) parking spaces in order to accommodate this enclosure. As detailed in the findings above, even
with the proposed removal of these spaces, there is still adequate parking at the site. Accordingly, this
proposal does not cause the development to go out of conformance with any applicable standard.
D. Approval criteria. The approval authority will approve or approve with conditions a minor
modification application when all of the following criteria are met:
1. The proposed modification qualifies as a minor modification as defined in Subsection
18.765.060.A;
As demonstrated in the findings above, this proposal qualifies as a minor modification as defined in CDC
18.765.060.A.
2. If the proposal involves the modification of a condition of approval, at least one of the
following criteria is met:
a. The condition cannot be implemented for reasons outside the control of the applicant
or property owner;
b. The condition is no longer needed or warranted because circumstances have changed;
or
c. A new or modified condition better accomplishes the purpose of the original condition.
The applicant is not proposing to modify a condition of approval.This criterion does not apply.
CONCLUSION: This proposal qualifies as a minor modification to an existing development, as
defined in CDC 18.765.060.A, and, as conditioned, is in compliance with all
applicable standards 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, this decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not
MMD2019-00010 DoubleTree Hotel 3
appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON APRIL 11, 2019,
AND BECOMES EFFECTIVE ON APRIL 12, 2019.
Questions:
If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
L
✓ April 11, 2019
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
MMD2019-00010 DoubleTree Hotcl 4
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RECEIVED
APR Q4 2019 ,(Case#: 4lOU D c9oiq 60010
City of Tigard CI�TNYrOF TIGARD
i 'I COMMUNITY DEVELOPMY'I I3� I P
•
TIGARD Master Land Use Application
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit • Modification: •Type I U Type II
❑ Adjustment 0 Planned Development:
❑ Annexation C-7 Consolidated Plan
❑ Comprehensive Plan Map Amendment U Concept Plan
❑ Conditional Use ( ) Detailed Plan
O Downtown Design Review: ❑ Sensitive Lands Review:
Cl] Track 1 O Track 2 U Track 3 U Type I ❑ Type II E) Type III
❑ Home Occupation—Type II ❑ Site Development Review: (Ti]Type I El Type II
❑ Land Partition 0 Subdivision
❑ Lot Line Adjustment/Lot Consolidation ❑ Temporary Use Permit
❑ Marijuana Facility Permit ❑ Urban Forestry Plan:
❑ Miscellaneous: ❑ Modification U Discretionary Review
Li Type II L] Type III 0 Zoning Map Amendment
PROJECT INFORMATION •.
Project name: TRASH Eh!CLOSURe
Brief description of project: POU'I COYtcYGte S1Ab��Oc7}1ngr 20� .1-11 one block }Yash enctos'iie
with 3 wat15; back wall 2.0' t onl , a Stele tr.otts arc eV i i -t' �'atl 1W5 wilt }akt
paiiwc1 spaces.
SITE INFORMATION Sk) Cora I &27L-
Location (address if available): Tiloaci OR
Tax map and tax lot number(s): S I ZLDCOptif 4'cD D
Site size: • Zone:
APPLICANT INFORMATION
Name: CURS A CCE N-VS, !NC. PAT GRA*
Mailing address: 3001 we 13 3 C•'�' City/State: VCO AC OU'!L,WA Zip: Ot.41
Phone: 314- 281. 3339 Email: CURS. AccEt-1c5 0 Ga►nnCtw.si.v►e.i
Applicant's representative: } (iv' G'C(kt
Phone: 344 •at! Email: CU r b, ,GC w►i 5' C,OYv\casi•nok
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2
PROPERTY OWNER INFORMATION D Same as applicant
(Attach list for additional owners)
Name: NHT Tigard, LLC
Mailing address: 300 Crescent Ct, Suite 700 City/State: Dallas,TX Zip: 75201
Phone: 972 628 4100 Email:
I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard •
Community Development Code. To the best of my knowledge,all the information provided within this
application package is complete and accurate.
V1Gf k) -I 7-0 I ci
Applicant's's si ature* Print name Date
Jesse Blair 3/21/19
Property owner's signature* Print name Date
Property owner's signature* Print name Daie
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
Case No.: 44/141)-2 0 p 'cation fee: Received by: e Date: g
Related Case(s): Determined complete by: k Date: 2/19/
__ _-
( } p
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of
RECEIVED
APR 04 2019
Washington County,Oregon 2018-030971
CITY OF TIGARD D-DW 05/04/2018 10:44:36 AM
PLANNING/ENGINEERING Stn=11 C WHITE
After recording return to: This space $30.00 s11.00 s5.00 s20.00$10,166.00 $10,232.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Brad Lowry, Esq. Officio County Clerk for Washington County,Oregon,do hereby
Jackson Walker, LLP certify that the within instrument of writing ws received and
recorded in the book of records of said county,
2323 Ross Avenue, Suite 600 Richard Hobernicht. Director of
0,0 Dallas,Texas 75201 Assessment and Taxation, Ex-Officio
(\i GRANTOR:
N PIH "TIGARD, LLC,a Delaware limited
liability company Until a change is requested,all tax
statements shall be sent to Grantee at the
GRANTEE: following address:
NHT TIGARD, LLC, a Delaware limited cio Highland Capital Management
-r liability company 300 Crescent Court,#700
Dallas, Texas 75201
STATUTORY SPECIAL WARRANTY DEED
PIH TIGARD, LLC, a Delaware limited liability company ("Grantor") conveys and
specially warrants to NHT TIGARD, LLC, a Delaware limited liability company ("Grantee")
the real property in Washington County, Oregon, more particularly described on Exhibit A
attached hereto and by this reference incorporated herein, free of encumbrances created or
0- suffered by the Grantor, except for those encumbrances set forth on Exhibit B, attached hereto
and by this reference incorporated herein.
5.
C7 The true consideration for this conveyance in terms of dollars is $10,166,000.00.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
a) ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 1 1,
1-- CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
fl OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
CZ THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
CJ REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11. CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
EAST\\1 51968865.4
DATED: Afroil/Way leg,2018
PIH TIGARD,LLC,
a Delaware limited liability company
4-
By:
Name: Byron Blount
Title: Managing Director and Vice President
STATE OF
COUNTY OF
a
The foregoing instrument was acknowledged before me this gay of April, 2018 by
Byron Blount, the Managing Director and Vice President of PIH Tigard, LLC, a Delaware
limited liability company.
r
ztt„,(i.,
Notary Public for A1tw _
My commission expires: ip f f3402r
Naomi Lyum
Notary Public,State of New York
ty of New
CommissionCounNo,O1LY62York12187
Exp 10/13r2024
EXHIBIT A
Legal Description
Parcel 1: Lot 5, Block "C", LEHMANN ACRE TRACT, in the City of Tigard, County of
Washington and State of Oregon.
EXCEPTING THEREFROM that portion deeded to Washington County by Deed recorded June
8, 1979 as Fee No. 79022059.
TOGETHER WITH those utility easements set forth in Utility Easement Agreements recorded
April 29, 1998 as Fee No. 98044267 and Fee No. 98044268.
Parcel 2:
TRACT A:
The West one-half of Lot 7, Block "C", LEHMANN ACRE TRACT, in the City of Tigard,
County of Washington and State of Oregon.
TRACT B:
Part of Lot 6,Block "C",LEHMAN ACRE TRACT, situated in the South one half of Section 26,
Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and
State of Oregon, described as follows:
Beginning at a point on the East line of Lot 6 that is 80.00 feet South of the Northeast corner of
Lot 6; and running thence South 89°28' West, parallel with the North line of Lot 6, a distance of
173.50 feet to a point on the Easterly line of S.W. Greenburg Road; thence South 14°08' West,
along the Easterly line of S.W. Greenburg Road, 40.00 feet; thence North 83°33' East 30.10 feet;
thence North 89°28' East 79.00 feet; thence South 0°28' East 60.50 feet to a point on the South
line of Lot 6; thence North 89°28' East 73.60 feet, more or less,to the Southeast corner of Lot 6;
thence North 0°28' West 96.10 feet to the point of beginning.
TRACT C:
Part of Lot 6, Block "C", LEHMAN ACRE TRACT, in the County of Washington and State of
Oregon, described as follows:
Beginning at a point on the East line of Lot 6 that is 80.00 feet South of the Northeast corner of
Lot 6;thence South 89°28' West parallel with the North line of Lot 6, a distance of 173.50 feet to
a point on the Easterly line of S.W. Greenburg Road; thence South 14°08' West along the East
line of S.W. Greenburg Road 40.00 feet to the true point of beginning; thence North 83°33' East
30.10 feet; thence North 89°28' East 79.00 fee t; thence South 0°28' East 60.50 feet to a point on
the South line of Lot 6;thence South 89°28' West 125.0 feet, more or less. to the Easterly line of
SW Greenburg Road; thence North 14°08' East along the Easterly line of S.W. Greenburg Road
59.4 feet to the true point of beginning.
EAST\151968865.4
Property Address: 9575 SW Locust Street,Tigard, OR 97223
Tax Parcel Account No.: R238978 Map No. 1S 126DC-04700
FASP,151968865.4
EXHIBIT B
Permitted Encumbrances
1. Liens for current real estate taxes which are not yet due and payable.
2. Easement(s) for the purpose(s)shown below and rights incidental thereto, as granted in a
document:
Granted to: City of Tigard
Purpose: Permanent traffic signal
Recording Date: September 28, 1990
Recording No: 90054046
Affects: West property line of Parcel I as described therein
"and shown or noted on the survey dated , last revised
prepared by Anthony C. Benthin,of Republic National, Project No. 180259."
3. Waiver of Remonstrance and Consent to Local Improvement District:
Purpose: Street Improvements
Recording Date: June 6, 1995
Recording No: 9503 8496
"and shown or noted on the survey dated , last revised
prepared by Anthony C. Benthin,of Republic National, Project No. 180259."
4. Utility Easement Agreement including the terms and provisions thereof
Executed by: Robert T. Matheson, James Baker and Diane R. Baker and
Phoenix Inns, L.L.C., of Oregon
Recording Date: April 29, 1998
Recording No: 98044267
"and shown or noted on the survey dated ,last revised
prepared by Anthony C. Benthin, of Republic National, Project No. 180259."
5. Utility Easement Agreement including the terms and provisions thereof
Executed by: Carla Sue Boivin and James D. Huegli and Phoenix Inns,
L.L.C., of Oregon
Recording Date: April 29, 1998
Recording No: 98044268
"and shown or noted on the survey dated , last revised
prepared by Anthony C. Benthin, of Republic National, Project No. 180259."
6. Covenants,conditions and restrictions but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color,religion, sex, sexual orientation,
familial status, marital status, disability, handicap, national origin, ancestry, source of
income, gender identity, gender expression, medical condition or genetic information, as
F:ASr\151968865.4
set forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law, as set forth in the document
Recording Date: September 23, 1999
Recording No: 99109542
"and shown or noted on the survey dated ,last revised
prepared by Anthony C. Benthin,of Republic National,Project No. 180259."
7. Tree Agreement including the terms and provisions thereof
Executed by: VIP'S Motor Ins, Inc and City of Tigard
Recording Date: August 1, 2000
Recording No: 2000061392
"and shown or noted on the survey dated , last revised
prepared by Anthony C. Benthin, of Republic National, Project No. 180259."
8. An easement for right of way and incidental purposes,recorded September 23, 1999 as
Recording No. 99109541 of Official Records.
In favor of: Washington County
Affects: The Westerly portion of Parcel II, Tracts B and C
"and shown or noted on the survey dated , last revised
prepared by Anthony C. Benthin,of Republic National,Project No. 180259."
9. Any rights, interests , or claims which may exist or arise by reason of the following
matters discloses by survey,
Project No.: 180259
Dated: , 2018, last revised , 2018
Prepared by: Anthony C. Benthin,of Republic National
Matter shown:
A. Concrete walkway crosses property line at corner
EAST1151968865.4
CURB•ACCENTS Inc.
PROFESSIONAL CONCRETE EDGING AND FLA TWORK
3001 NE 133rd Ct. Vancouver,WA 98682
P: (360)281-3339
Email: curb.accents(a,comcast.net
APPLICANT STATEMENT
PROJECT: Trash Enclosure
ADDRESS: 9575 SW LOCUST ST. TIGARD,OREGON 97223
SCOPE OF WORK:
Curb Accents, Inc. proposes to build a block trash enclosure at the Doubletree
Hotel to house their dumpsters. We will pour a concrete slab/footing, 20' x 9'4".
We will then build one block trash enclosure with 3 walls: the back wall will be
20' long, the two side walls will each be 9'4" long. This wall will be 7' tall. This
trash enclosure will take up 2 parking spaces.
Pat Craig RECEIVED
Curb Accents,Inc.
360-281-3339 APR 0 4 2019
CITY OF TIGARD
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