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HomeMy WebLinkAboutDecision_MIS2025-00001 Hot Pot Food Carts NOTICE OF TYPE II DECISION MISCELLANEOUS PERMIT MIII MIS2025-00001: HOT POT FOOD CARTS 120 DAYS = October 24, 2025 SECTION I. APPLICATION SUMMARY FILE NAME: Hot Pot Food Carts CASE NO.: Miscellaneous Permit MIS2025-00001 PROPOSAL: The applicant proposes three food carts on an existing nonresidential lot addressed as 11530 SW Pacific Highway. The proposed food carts will be placed on an existing paved parking lot north of the existing nonresidential building. APPLICANT: Xu Jian Lu 11530 SW Pacific Highway Tigard, OR 97223 OWNER: Same as applicant. LOCATIONS: 11530 SW Pacific Hwy,Tigard, OR 97223 Washington County Tax Map 1S136DA Tax Lot 00600 BASE ZONE: COM (Commercial) APPLICABLE REVIEW CRITERIA: Tigard Community Development Code (TCDC) Chapters 18.750 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of approval. The findings and conclusions on which the decision is based are provided in Sections IV and V. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: The applicant must prepare a cover letter and submit it, along with any supporting documents or plans that address the following requirements to the PLANNING DIVISION,ATTN: Nikki Tuason, Assistant Planner, at NikkiTgu,tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. Prior to commencing operation of the food cart use, the applicant must provide evidence demonstrating the installation of a fats,oils, and grease collection system that has been approved through the appropriate permitting agencies. MIS2025-00001 Hot Pot Food Carts 1 SECTION III. BACKGROUND INFORMATION The 0.85-acre site is located at 11530 SW Pacific Highway which is south of SW Pacific Highway;west of SW 68th Parkway;and east of SW 72'Avenue.The site is zoned COM and as are adjacent properties in all directions. The site is developed with a nonresidential building in current operation as an indoor sales and services use with an associated parking lot and landscaping.No sensitive lands are present on the property. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given an opportunity to provide comments prior to a decision being made. Staff mailed a Type II Notice of Application regarding this application to affected parties on July 1, 2025. No other public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.750 Food Carts 18.750.050 Approval Criteria. A. The approval authority will approve or approve with conditions a food cart application when all of the standards of Section 18.750.060 are met. The applicant's proposal involves three food carts and associated amenities on the same site, therefore this criterion applies. As demonstrated in the findings below, the applicant's proposal complies with all applicable development standards of Section 18.750.070 and is approved subject to the conditions of approval above.Accordingly, this criterion is met. B.The approval authority will approve or approve with conditions a food cart pod application when all of the standards of Section 18.750.070 are met. The applicant's proposal is not for a food cart pod application, therefore the standards of 18.750.070 do not apply. 18.750.060 Food Cart Standards. A. The addition of the food cart must not result in more than three food carts being present on the subject property. The applicant proposes three food carts to be located at 11530 SW Pacific Highway,and does not involve more than three food carts being present on the subject property. This standard is met. B. The food cart must be located on a property with an existing legal nonresidential use. The property is developed with a permanent nonresidential building in current operation as an indoor sales and services use with an associated parking lot and landscaping.This standard is met. C. The entire footprint of the food cart must be located on a paved surface. MIS2025-00001 Hot Pot Food Carts 2 The three food carts included within this proposal will be located on the existing paved parking lot,north of the existing nonresidential use.This standard is met. D. The food cart must meet a minimum six-foot setback from any street property line. According to the applicant's site plan, all three food carts included within this proposal are located a minimum of six feet from the north street property line shared with SW Pacific Highway. The closest food cart is located approximately 30 feet from the street property line. This standard is met. E. The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20-foot setback. The proposed three food carts will be located at 11530 SW Pacific Highway,which is zoned COM. The minimum setback standards for new nonresidential buildings within the COM zone is listed below: Table 18.320.1—Commercial Zone Site Design Standards for Nonresidential Development COM Zone Minimum Setback (ft) -Front or street facing 1 -Side or rear adjacent to nonresidential or 0 RES-E zone -Side or rear adjacent to RES-A -RES-D 15 zone According to the applicant's site plan,all three food carts are a minimum of 1 foot from the front property line. The subject property is not adjacent to a residential zone.This standard is met. F. The food cart must be separated from any other food cart or building on the property by a minimum of five feet. The applicant's site plan shows that all three food carts are separated from any other food cart or building on the property by a minimum of five feet. This standard is met. G. The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located. The food carts are arranged in a manner to ensure that the food cart stalls do not obstruct or make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. According to the applicant's narrative, pavement markings will be applied to show the vehicular traffic flow, and a dedicated pedestrian area will be marked to separate the food cart stalls from the flow of traffic. This standard is met. H. The food cart must not be located within any public access or utility easement. MIS2025-00001 Hot Pot Food Carts 3 The food carts are not located within any public access or utility easement.This standard is met. I. The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas,pedestrian paths, or public rights-of-way. As shown on the applicant's site plan, the food cart stalls are located on the property in a dedicated pedestrian-only area that is completely separate from the vehicular travel lane and parking area.The food cart service windows are oriented such that the customer queueing areas do not extend into vehicle maneuvering areas,pedestrian paths, or public rights-of-way. This standard is met. J. The food cart must have wheels and the wheels must remain permanently attached and functional. According to the applicant's site plan, all three food carts are confirmed to have wheels attached and are functional. This standard is met. K. If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected. There are no hardwired connections between the food carts and utilities. All utility connections are temporary and are capable of being easily and safely disconnected. This standard is met. L. The food cart must include adequate means for the collection and removal of fats, oils, and grease. The applicant's narrative states each food cart on the property will provide their own adequate collection and removal of fats,oils,and grease.The following condition of approval has been added to address this requirement: 1. Prior to commencing operation of the food cart use, the applicant must provide evidence demonstrating the installation of a centralized fats,oils,and grease collection system that has been approved through the appropriate permitting agencies. As conditioned, this standard is met. M. Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation. Canopies, awnings, or other attachments will maintain at least seven feet of vertical clearance and will be entirely supported by the food cart. This standard is met. N. Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas. All food carts are located outside of the required vision clearance area. This standard is met. MIS2025-00001 Hot Pot Food Carts 4 O. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. The applicant's narrative states that there are no associated signs for the food carts at this time. Any future signs will be temporary and will comply with the base zone regulations as provided in Chapter 18.435. This standard does not apply. FINDING: Based on the analysis above,all of the applicable food cart pod standards are not fully met,but can be through the conditions of approval SECTION VII. AGENCY COMMENTS ADDITIONAL CITY OR AGENCY COMMENTS: Public Water System: The existing public water mains are under the jurisdiction of Tualatin Valley Water District (TVWD). The site plans indicate that a two new water services will be constructed to provided domestic water service to serve the proposed development via the existing 8-inch-diameter public water main located within SW Warner Avenue. Prior to commencing any site work,the applicant must submit site plans as part of the PFI Permit process for review and approval from TVWD and the City for new service connections.Through a condition of approval, this standard is met. Clean Water Services was sent a copy of the applicant's proposal and had no comments. ODOT was sent a copy of the applicant's proposal and stated that the project will not have any impacts to state highways. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal and stated that the project will not impact fire department access or water supply. City of Tigard Engineering was sent a copy of the applicant's proposal and stated that there is no earthwork requiring erosion control, no impervious area requiring stormwater, and the project does not trigger any required frontage improvements. Attachments: Attachment 1: Approved Plan Set Attachment 2: Zoning Map Attachment 3: Agency Comments Attachment 4: Public Comments SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner X Parties of record X Affected government agencies MIS2025-00001 Hot Pot Food Carts 5 Final Decision: THIS DECISION IS FINAL ON AUGUST 5, 2025 AND EFFECTIVE ON AUGUST 21,2025 UNLESS AN APPEAL IS FILED. Li I Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.710.090.A.1 may appeal this decision in accordance with Section 18.710.090.A.2 and.3 of the Tigard Development Code. A written appeal together with the required fee must be filed with the Director within fifteen (15) days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence, testimony and argument by any party. The appeal authority must consider all relevant evidence, testimony and argument that are provided at the hearing by the appellant or any party. The scope of the hearing must not be limited to the issues that were raised on appeal. The decision of the appeal authority is the final local decision. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON AUGUST 20, 2025. Questions: If you have any questions, please contact Nikki Tuason, Assistant Planner at (503)718-2450 or NikkiT@tigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. August 5,2025 PREPARED BY: Nikki Tuason Assistant Planner August 5,2025 APPROVED BY: Schuyler Warren Assistant Community Development Director MIS2025-00001 Hot Pot Food Carts 6