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MMD2021-00009
NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2021-00009 151 DEDE'S DELI TIGARD ._. _....._........_.....__ 120 DAYS = August 11, 2021 SECTION I. APPLICATION SUMMARY FILE NAME: Dede's Deli CASE NO.: Minor Modification (MMD) MMD2021-00009 PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite Cl-A) at 15660 SW Pacific Highway. The space is 1,337-square feet in size and is changing from a personal service use to an eating and drinking establishment. APPLICANT: C.J Eateries,LLC Attn:Jonas Kungys 92 Centennial Loop Eugene,OR 97401 OWNER: ROIC Oregon,LLC Attn:John Wynton 1550 SE 206 Ave,Suite#301 Portland, OR 97214 LOCATION: 15532 SW Pacific Highway,Suite C1-A WCTM 2S110DC,Tax Lot 2200 ZONING DESIGNATION: C-G: General Commercial zone. The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. 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 allowed conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code 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. The findings and condusions on which the decision is based are noted in Section IV. • M.MD2021-00009 Dede's Deli 1 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the east side of SW Pacific Highway, north of SW Durham Road,and south of SW Royalty Parkway. The subject property is a 1,337-square-foot tenant space (Suite Cl-A) within an existing shopping center. The 7.94-acre development site was approved as a Planned Development by the City of Tigard Planning Division in 1995 (PDR1995-00002) and is made up of one (1) tax lot, and contains one (1) commercial building, 388 parking spaces, and associated landscaping. The property is zoned General Commercial (C-G) as are adjacent properties directly to the north, and south. Adjacent properties to the east are zoned Residential(R-2.5), and west of SW Pacific Highway are properties within King City. 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 FINDING: The applicant is proposing a change of use to an existing tenant space at.The 1,337-square- foot tenant space is proposed to change from an office to indoor entertainment.No changes to the existing building footprint,exterior building façades, parking lot,or landscaping are proposed. Accordingly, staff finds the proposal will have minimal impacts on surrounding properties, sensitive lands, or public facilities. Because the proposed new use requires the application of a higher parking quantity requirement than the previous use,a review of the site's off-street parking area is required to ensure that it complies with the city's minimum off-street parking requirements. The subject site is a multi-tenant development and is therefore subject to the required minimum vehicle parking formula outlined in CDC 18.410.030.D. The table below calculates the minimum off-street vehicle parking requirement for the site based on this formula. Use Category Square Minimum Parking Percentage Total Parking Footage Ratio Required Spaces Required 3.0 parking Sales-Oriented Retail 70, 595 spaces/1000 square 100% 212 feet 2.5 parking Personal Services 6,388 spaces/1000 square 85% 14 feet Eating& Drinking 9.0 parking o Establishment 4,837 spaces/1000 square 70% 30 feet Fast Food Eatin & 7.0 parking Drinking Establghment 3,032 spaces/1000 square 60% 13 feet 4.3 parking Indoor Entertainment 2,174 spaces/1000 square 60% 6 feet MMD2021-00009 Dede's 3.3 parking Repair-Oriented Retail 1,600 spaces/1000 square 60% 4 feet 3.9 parking Medical/Dental Office 1,083 spaces/1000 square 60% 3 feet TOTAL 282 A Minor Modification from 2016 (MMD2016-00031) determined that there are 388 parking spaces provided on site. Staff finds that a minimum of 282 parking spaces are required for the entire development, taking into consideration the change of use discussed above. The applicant's materials demonstrate there is adequate parking at the development site,with 388 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met.This criterion is met. 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. FINDING: The applicant is only proposing a change of use to an existing 1,337-square-foot tenant space (Suite Cl-A),which primarily affects off-street parking regulations.As demonstrated in the findings above, there is adequate parking provided at the subject development site.Accordingly,this proposal does not cause the development to go out of conformance with any applicable standard. B. 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; FINDING: As demonstrated in the findings above, this proposal qualifies as a minor modification as defined in CDC 18.765.060.A.This criterion is met. 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. FINDING: 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 is in compliance with all applicable standards of this Title. MMD2021-00009 Dede's Deli 3 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners 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 appealable locally and is the final decision of the City. mII i nr THIS DECISION IS FINAL ON APRIL 15, 2021 AND BECOMES EFFECTIVE ON APRIL 15, 2021 Questions: If you have any questions,please contact Nikki Tuason at(503) 718-2450 or NikkiTQtigard-or.gov. April 15,2021 APPROVED BY: Nikki Tuason Assistant Planner MMD2021-00009 Dede's Deli 4 FX:01C Tigard Promenade Tigard, OR RETAIL OPPORTUNITY INVESTMENTS CORP 88,043 sq.ft. I:usscewnef CITY OF TIGAHL Alti. Approved by Planning Date: c /, /2i Initials: ! l 7 lil_IJ C6(b 0 ,,,-- f `�jCr° SW ROYALTY PARKWA�� ing ` yyl� Tanning / • /`{i5, Nails )^/�5(JJ'�__ — SALLY j/ / (" �j s \ PA--‘? _,______--- 1 6tv -fJ aeanerrss�_ ,1 15L3 PoNTATAWeik e C)c I k �' 4� SAFEWAY / c c ' g 5 e rm a PETCO - _ _ 5 John Wynton , '. 510.368.5465 888.888.ROIC pea:.‘ j wy n to n@ ro i re i t.net MMD2021-00009 Case #: 111 City of Tigard ■ ., COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Master Land Use Application LAND USE APPLICATION TYPE 0 Accessory Dwelling Unit(ADU) 0 Modification: 0 Type I O Type II O Adjustment 0 Planned Development: 0 Annexation 0 Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use Cl Detailed Plan ;• O Downtown Development Review: 0 Sensitive Lands Review: O Type I O Type II O Type I O Type II O Type III 0 Adjustment 0 Site Development Review: 0 Type I 0 Type II O Home Occupation—Type II 0 Subdivision O Land Partition 0 Temporary Use Permit O Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: O Marijuana Facility Permit 0 Modification 0 Discretionary Review O Miscellaneous: 0 Zoning Map Amendment O Type II O Type III PROJECT INFORMATION Project name: C.J. Eateries, LLC D/B/A Dede's Deli Brief description of project: Change of use to a tenant space (suiteClA)at 15532 SW Pacific Highway. The space is 1,337 square feet and is changing from a hair salon to a quick serve deli SITE INFORMATION Ineation (address if available): 15532 SW Pacific Highway suite C1A Tax map and tax lot number(s): R2067726 Site size: 7.94 acre Zone: C-G APPLICANT INFORMATION Name: C.J. Eateries, LLC Mailing address: 92 Centennial Loop City/State: Eugene / OR Zip: 97401 1Phone: 541-434-2486 Email: dan@cjeateries.com Applicant's representative: Jonas Kungys Phone: 541-579-8000 Email: Jonas@cjeateries.corn City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 1 3 i a PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) Name: ROIC Oregon LLC Mailing address: 1550 SE 20th Ave#301 City/State: Portland OR Zip: 97214 Phone: 510-368-5465 Email: jwynton©roireit SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplanneronduty@.gard-ocgov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Comtnuni • elopment Code. To the best of my knowledge,all the information provided within this application packag co plete and acc a . Jonas Kungys March 11, 2021 Applic s signature* Print name Date Property owner's signature* Print name Date JOHN WYNTON •A.� JOHN WYNTON(Mar 11,2021 14:56 PST) - John Wynton March 11, 2021 Property owner's signature* Print name Date *The owner must sign this application or submit a separate wntten authorization when the owner and applicant are different people. � I 111 I ()vI 1 MMD2021-00009 1 $344 NT 416/2021 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 MMD2021-00009 Parking Calculation Use Category Square Footage Minimum Parking Ratio Percentage Required Total Parking Spaces Required Sales-Oriented Retail 70,595 3.0 parking spaces/1000 square feet 100% 212 Personal Services 6,388 2.5 parking spaces/1000 square feet 85% 14 Eating and Drinking Establishments 4,837 9.0 parking spaces/1000 square feet 70% 30 Fast Food Eating and Drinking Establishment 3,032 7.0 parking spaces%1000 square feet 60% 13 Indoor Entertainment 2,174 4.3 parking spaces/1000 square feet 60% 6 Repair-Oriented Retail 1,600 3.3 parking spaces/1000 square feet 60% 4 Medical/Dental Office 1,083 3.9 parking spaces/1000 square feel 60% 3 TOTAL REQUIRED 282 TOTAL PROVIDED 388