MMD2011-00002_ , +.
AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City
of Tigard, Washington County, Oregon and that I served the following:
IQ—k App.. —. B..(,) M-1
D NOTICE OF DECISION FOR:
MMD2011- 00002 /PACTRUST SMOKING SHELTER
Tic No./Name Reference)
AMENDED NOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached hst(s), marked Exhibit "B ", and by reference made a part
hereof, on f anuary 25, 2011, and deposited in the United States Mail on Tanuary 25, 2011 postage prepaid.
I
that
STATE OF OREGON
Coun of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the day of /'t.CI , 2011.
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC - OREGON
COMMISSION NO. 416777
MY COMMISSION EXPIRES APRIL 25, 2011
" ' L J'Q.Qj
NO ARY PUB IC OF OREGON
My Commission Expires: 4 ��� �
EX
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2011 -00002
PACTRUST SMOKING SHELTER
TIGARD
120 DAYS = 05 -24 -2011
SECTION I. APPLICATION SUMMARY
FILE NAME: PACTRUST SMOKING SHELTER
CASE NO.: Minor Modification (MMD) MMD2011 -00002
PROPOSAL: The proposed project is for the construction of a new 8x5 ft. smoking shelter area
to serve the existing office building located at 12909 SW 68 Parkway. Recent
changes in the law require this function to move away from the main building
entrances. The new smoking area will be on the south side of the building away
from the main entrances to meet current regulatory requirements.
APPLICANT
AND OWNER: Pacific Realty Associates, LP
15350 SW Sequoia Pkwy., #300
Tigard, OR 97224
LOCATIONS: 12909 SW 68th Parkway, WCTM 2S101AD, Tax Lot 03200.
ZONING
DESIGNATION: MUE: Mixed -Use Employment. The MUE zoning district is designed to apply
to a majority of the land within the Tigard Triangle, a regional mixed use
employment district bounded by Pacific Highwaywy. 99), Highway 217 and
1 -5. This zoning district permits a wide range o uses including major retail
goods and services, business /professional offices, civic uses and housin ; the
latter includes multi - family housing at a maximum density of 25 units acre,
equivalent to the R -25 zoning district. A wide range of uses, including but not
limited to community recreation facilities, religious institutions, medical centers,
schools, utilities and transit - related park - and -ride lots, are permitted
conditionally. Although it is recognized that the automobile will accommodate
the vast majority of trips to and within the Triangle, it is still important to (1)
support alternative modes of transportation to the greatest extent possible; and
(2) encourage a mix of uses to facilitate infra - district ppedestrian and transit trips
even for those who drive. The zone may be appfied elsewhere in the City
through the legislative process.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390,18.520, and 18.765.
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.
MMD2011 -00002 PacTrust Smoking Shelter Page 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located at 12909 SW 68th Parkway, WCTM 2S101AD, Tax Lot 03200. The
existing office building is on the SW corner of the intersection of 68` Parkway and Hampton Street.
The parking is south of the building and along the west property line.
Proposal Description:
The proposed project is for the construction of a new 8x5 ft. smoking shelter area to serve the existing
office building located at 12909 SW 68` Parkway. Recent changes in the law require this function to
move away from the main building entrances. The new smoking area will be in the northwest corner of
the parking lot away from the main entrances to meet current regulatory requirements.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B
contains the following criteria for approval of a request for Minor Modification:
Section 18.360.050.B states that the Director shall determine that a major modification will
result if one or more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
There are no dwelling units on the property. Therefore, this criterion does not apply.
2. A change in the ratio or number of different types of dwellings;
There are no dwelling units on the property. Therefore, this criterion does not apply.
3. A change that requires additional on -site parking in accordance with Chapter 18.765.
The proposal does not require additional on -site parking. Therefore, this criterion does not
apply.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code;
There are no proposed changes in the type of structures. Therefore, this criterion does not
apply.
5. An increase in the height of the building(s) by more than 20 %;
There is no proposed change in building height. Therefore, this criterion does not apply.
MMD2011 -00002 PacTrust Smoking Shelter Page 2
6. A change in the type and location of access ways and parking areas where off -site traffic
would be affected;
The proposal does not change the type or location of access ways or parking areas where off -
site traffic would be affected. Therefore, this criterion does not apply.
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day;
The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day.
Therefore, this criterion is satisfied.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
The increase in floor area is less than 5,000 square feet. Therefore, this criterion is satisfied.
9. A reduction in the area reserved for common 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 %;
The proposal does not reduce the area reserved for common space or usable open space.
Therefore, this criterion does not apply.
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;
b. Screening; and /or
c. Landscaping provisions.
The proposal does not reduce the project amenities. Therefore, this criterion does not apply.
11. A modification to the conditions imposed at the time of site development review
approval which are not the subject of B 1 through 10 above of this subsection.
Staff has reviewed the history of this site and found no previous conditions that would be
modified by this application. Therefore, this criterion does not apply.
FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site
development have been met.
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
MMD2011 -00002 PacTrust Smoking Shelter Page 3
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.
THIS DECISION IS FINAL ON JANUARY 25, 2011
AND BECOMES EFFECTIVE ON JANUARY 26, 2011.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
- - - january 25, 2011
APPROVED BY: Darrel "Hap" Watkins DATE
Assistant Planner
503- 718 -2440
hap&jgard�- oror.gov
MMD2011 -00002 PacTrust Smoking Shelter Page 4
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O CONSTRUCT NEW PATHWAY AND SMOKING SHELTER APRON UTILIZING BRICK PAVERS. BRICK
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DATE: 04/13/11
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