MMD2012-00005 NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2012 -00005
SUBWAY EXPANSION T 1 GARD
120 DAYS = 12 -13 -2012
SECTION I. APPLICATION SUMMARY
FILE NAME: Subway Expansion
CASE NO.: Minor Modification (MMD) MMD2012- 000005
PROPOSAL: Remodel and 507 square foot addition to an existing Subway sandwich shop, and
associated parking lot restriping and improvements.
APPLICANT Ben Hufford
126 SW Stark Street
Portland, OR 97204
OWNER Jules Kessler
8700 SW 26 Street
Portland, OR 97219
LOCATION: 11634 SW Pacific Highway; WCTM 1S136DB, Tax Lot 02500 & 2502.
ZONING
DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to
accommodate a full range of retail, office and civic uses with a City -wide and
even regional trade area. A wide range of uses are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.360.060.0
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project site is located at 11634 SW Pacific Highway, at the southwestern corner of Pacific Highway
and 74 Avenue. An existing Subway restaurant occupies the site, and shares a parking lot with
Starbucks to the west. The two businesses share common driveway access points onto Pacific Highway
and 74 Avenue. Both structures and the shared parking lot were built in 1974 as fast food restaurants
(SDR2 -74). According to building permit records, Subway has occupied the 1,600 square foot structure
since 1990.
MMD2012 -00005 Subway Expansion Page 1 of 3
Proposal Description:
The applicant has requested approval for the following:
• Addition of 507 square feet to the southerly side of the existing restaurant.
• Removal of exterior fabric canopy and lights.
• Replacement of existing siding with stucco and stone veneer, including construction of a new
parapet wall to screen rooftop equipment.
• Construction of a new, 6' tall wooden trash enclosure at the southeast corner of the parking lot.
• Replacement of landscape trees and street trees.
• Walkway repair and restriping of the parking lot to provide ADA access and legalize changes
made to the parking lot layout without prior City approval.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The ro osed change in use requires a Minor Modification p p ng q catio to approved plans or existing
development. Section 18.360.060.0 states that a minor modification shall be approved,
approved with conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable
requirements of this title are satisfied.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in '1'DC18.360.050.B.1 -11 are either satisfied
or do not apply. Therefore, the proposed development is not a major
modification. This criterion is met.
CONCLUSION: The proposal is in compliance with the applicable requirements of this title and
is a minor modification of existing site development.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
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 AUGUST 15, 2012
AND BECOMES EFFECTIVE ON AUGUST 16, 2012.
MMD2012 -00005 Subway Expansion Page 2 of 3
Questions:
If you have any questions, please contact John Floyd at (503)718 -2429, johnflatigard- or.gov or by mail
to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon,
97223.
August 15, 2012
APPRO, " D BY: J n Floyd, Associate Planner DATE
MMD2012 -00005 Subway Expansion Y P Page 3 of 3
CITY OF TIGARD
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Conditionally Approved I
For only the work assleacribed in: , MOf
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RECEIVED
MAR 0 8 2012
14 C of Tigard CITY OF TIGARD
PLANNING/ENGINEE
,, Minor Modification — Tye ppicatlon
GENERAL INFORMATION
In addition, the Director must find that the proposed
Property Address /Location(s): LC 3� S W change is in compliance with all applicable requirements of
Title 18 of the Tigard Development Code. To complete
Ora «G 1 '(W'`/ this review, the Applicant's proposal must include a
Tax Map & Tax Lot #(s): (S 1 3(, in 6P S'd t discussion indicating how the site expansion /change will
continue to comply with the maximum setback, building
Site Size: (:), 3s Ar-R- height, parking, and landscaping standards. Other
requirements of this title such as clear vision, solid waste
Applicant *: $><;W H tt e storage, non - conforming situations, signs, and tree
Address: ( 4 v-0 S S 1 - removal may also be applicable depending on the type and
City/State: rof.' t 4f4 1 0 Zip: e r 72. location of the proposed modifications.
Primary Contact:
Phone: 5o 3 4t9 $1 Fax:
E -Mail: ben.. Into to I`4 (i "a(I 1 C e
Property Owner /Deed Holder(s)41: REQUIRED SUBMITTAL ELEMENTS
(Attach list if more than one)
J V L4f5 51LeR (Applications will not be accepted without the
following required submittal elements)
Address: 1 Toe S w LC Swett; Phone:
City/State: Pne,'R4#W 601- Zip: 411211 2 Application Form
0 Owner's Signature /Written Authorization
* When the owner and the applicant are different people, the Title Transfer Instrument or Deed
applicant must be the purchaser of record or a lessee in El Site Plan (4 Large Plans & One — Reduced to 8'/2" x 11 ")
possession with written authorization from the owner or an Applicant's Statement /Narrative (4 copies)
agent of the owner. The owner(s) must sign this application
in the space provided on the back of this form or submit a 21 Filing Fee $605.00
written authorization with this application.
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion FOR STAFF USE ONLY
or change does not invoke one or more of the criteria Z' 006 i
discussed within Section 18.360.050(B) — Site Development Case No.(s): m B
Review or Section 18.330.020(B)(2) — Conditional Use. If the
modification exceeds the maximum allowed under any one or Other Case No.(s):
more of the criteria, a Major Modification review is required. j SY4
Major Modifications are processed in the same manner as a Receipt No.:
new Site Development Review or Conditional Use Permit. Date: a' 8 t Z
Applicant's Statement: Application Accepted By: S - t e6K r
The applicant's statement must include a summary of the Date Determined Complete:
proposed changes. Criteria in either 18.360.050(B) or Revised. 7/1/11
18.330.020(B)(2) must be addressed with a detailed response ' \CurPin 'nasters\land use applications \ minor modification app.dixx
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.
City of Tigard �� 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard-or.gov I Page 1 of
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.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate 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 site plan, attachments, and exhibits transmitted herewith, are true; and
the applicants so acknowledge that any permit issued, based on this application, and 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.
SIGNATURES of each owner of the subject property.
DATED this l C day of . 7/ 7 ) D /2-
,
6 er's Signature a / f Owner's Signature
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 I www.tigard- or.gov Page 2 of
71 CITY OF TIGARD RECEIPT
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 185841 - 03/08/2012
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2012 -00005 Minor Modification to an Approved Plan 100 - 0000 -43116 $527.00
MMD2012 -00005 Minor Modification to an Approved Plan - 100 - 0000 -43117 $78.00
LRP
Total: $605.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 1012 STREAT 03/08/2012 $605.00
Payor: Phoenix Gus Ent. LLC
Total Payments: $605.00
Balance Due: $0.00
Page 1 of 1
RECE✓
ED
Qualifications to meet a Minor Modification — City of Tigard MAR 2012
CITY OF TIGARD
Address: 11634 SW Pacific Highway, Tigard Oregon 97223 PLANNING /ENGINEERING
Lot ID : 1S136D602502 � Po Sc-r, 4-$t St OI r rit
Evaluation Criteria: The Director shall determine that a mojor modification(s) 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.
This development is not residential use.
2. A change in the ratio or number of different types of dwelling units.
This development is not residential use.
3. A change that requires additional on -site parking in accordance with Chapter 18.765;
The existing parking on the site will meet the minimum parking requirements for the
increased building area.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building
Code;
This development has no change in Building Type.
5. An increase in the building height by more than 20 %;
The changes on the elevations of the building will not increase the building height by more
than 20 %.
6. A change in the type or location of accessways and parking areas where off -site traffic would be
affected;
The type and location of accessways and parking areas will be unchanged.
7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed
100 vehicles per day.
The development to increase the restaurant area is not expected to increase traffic by more
than 100 vehicles per day.
8. An increase in floor area proposed by a non - residential use by more than 10% excluding
expansions under 5000 square feet;
The expansion floor area is expected to be 480 square feet.
9. A reduction in the area reserved for common open 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 open space is not reduced by more than 10% or below code. The minimum 15%
landscaped area will be maintained.
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
Project amenities will not be reduced.
11. A modification to the conditions imposed at the time of site development review approval
which are not the subject of Subsections B.1 through 10 above of this section.
No additional site development review conditions will be modified.
z,
1 71S
Washington County, Oregon
08114/2002 11:18:40 AM 2002- 093603
D -0PR Cruet ttne11 C WHITE
$15.00 $0.00 $11.00 • Total■$32.00
Fred C. N RECORDING DI NG RETURN TO: III1IIUII 1111 1111111 11111111 II 111111 I III
Nachtigal, Eisenstein & Associates 00147623200200938030030038
I, Jerry Hanson, Director of Apeaament and Taxation yr v.1
101 SW Washington Street and En-Officio County Clark for Waihin ton County _
Hillsboro, Oregon 97123 do hereby certify that the within Instrument of writing ,,
woe received and recorded In the bopk of records of F ' Z �'
add county. 'v`F�" A, 'G Y f
Jerry R. Hanson, Director st l ament and Taxation, •.}h:,� '
Until a change is requested, send tax statements to: {Itflao curdy Clerk
Jules Kessler lED
8700 SW 26 Suite H
Portland, Oregon 97219 0 8 201
PLA N MAR I NG /E /ENGINE 2 RING
DEED OF PERSONAL REPRESENTATIVE
Fred C. Nachtigal, personal representative of the estate of Grace Pierce, deceased,
grantor, conveys to Jules Kessler, grantee, the following described real property located in
Washington County, Oregon:
See Attached Exhibit "A"
is i pursuant true and actual consideration for this conveyance P ance u suant to a
Decree of
Distribution in Washington County Circuit Court, Case Number C96- 0666PE.
g Y
2 002 -93603
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
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 APPROVED
USES. /
DATED this ! 3 day of August, 2002
red C. Nachtigal, OS : ' 9 -332
Personal Representative
STATE OF OREGON )
) ss:
County of Washington )
The above instrument was acknowledged by the above -named Personal Representative to
be his] voluntary act as personal representative.
DATED this Li day of August, 2002.
�) ♦ �•, OFFICIAL S EAL
VICKI LILES r Notary Pu is for Oregon
,,� r : NOTARY PUBLIC - OREGON)
`;;' COMMISSION NO 354775 (' My commission expires'
MY COMMISSION EXPIRE FEB.18, 2006 4
h:\clients \fred\pierce grace \deed of personal representative 2.doc 8/9/2002 3:34 PM
Exhibit "A" 2002 -93603
PARCEL ill:
A tract of land in the City of Tigard, County of Washington and State of Oregon, and described as follows:
Beginning at the Northeast corner of the George Richardson Donation Land Claim in Section 36, Township
1 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon; thence South 0°13' West 794.46 feet to a point in the center line of Red Rock Road; thence
North 89 °47' Wet 20.0 feet to a railroad spike marking the intersection of the Westerly right -of -way line of
said Red Rock Road with the Southerly right -of -way line of the present alternate State Highway No. 99W
right -of -way line; thence following said State Highway right -of -way line on a curve to the right, having a
radius of 1462.40 feet (the long chord of which bears South 59 °26' West 244.32 feet) a distance of 244.59
feet to a V2 inch iron rod set as a State Highway right -of -way monument; thence continuing along said right -
of -way line South 64°13' West 329.34 feet to an iron pipe; thence continuing South 64°13' West 8.71 feet
to an iron rod set as a State Highway right -of -way monument; thence South 54 °01' West 250.93 feet to an
Iron pipe, said iron pipe marking the true point of beginning of the tract to be described; thence leaving said
right -of -way line and running South 0 °30' West 395.8 feet to an iron rod; thence South 89 °30' East 144.0
feet; thence North 1 °40' East 287.9 feet; thence North 1 °57'30" West 100.0 feet; thence North 15 °34' West
53.0 feet; thence North 43 °43' West 43.2 feet to an iron rod set in the aforementioned State Highway right -
of -way line; thence South 54 °01' West 125.0 feet to the true point of beginning.
EXCEPTING THEREFROM the South 208.33 feet conveyed to John D. Webber and Virginia Drumm by Deed
recorded in Book 942, page 384 and re- recorded in Book 942, page 995, Washington County Records.
PARCEL IV:
Beginning at a point on the section line 943.3 feet South of the Northeast corner of Section 36, Township
1 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon, said point being 129.7 feet North of the Northeast corner of VILLA RIDGE PLAT NO. 2; thence
North 89° 14' West parallel with the North line of VILLA RIDGE PLAT NO. 2, a distance of 264.00 feet to a
point; thence South parallel with the East line of said Section 36, a distance of 122.7 feet to a point on the
North line of VILLA RIDGE PLAT NO. 2; thence along said North line South 79 ° 02' East 39.50 feet to an
angle in same; thence continuing along said North line South 89° 14' East 225.00 feet to the East line of said
Section 36; thence North along the East line of said Section 36, a distance of 129.7 feet to the point of
beginning.
EXCEPTING THEREFROM the Westerly 100 feet of even width measured at right angles to the West line
thereof, in the City of Tigard, County of Washington and State of Oregon.
II _
TIGARD
June 4, 2012 City of Tigard
Ben Hufford
126 SW Stark Street
Portland, Oregon 97209
RE: Notice of Incomplete Application Submittal — MMD2012 -00005
Dear Mr. Hufford:
The City has reviewed your May 17, 2012 response to comments. Unfortunately a few items
remain outstanding.
1. The shared parking facility is closer to conformance, but still does not satisfy Figure
18.765.1 (Off -Street Surface Parking Matrix) of the Development Code. More
specifically, the proposed plan does not conform to minimum requirements for
measurement "D" (Aisle Width Between Stall Lines). Please revise as necessary.
Alternatively, we can discuss restoration of the striping to the governing land use
approval (SDR2 -74),
2. All roof - mounted equipment must be screened from view from adjacent public
streets. (18.620.040.A.6).
3. Please specify the type and height of fencing used for tree protection.
These changes are necessary to comply with the requirements of the Tigard Community
Development Code. If these changes are not made, we cannot find your application
consistent with approval criteria for a minor modification, and will be required to deny your
proposal.
Sincerely,
�ohn Floyd
Associate Planner
Cc: Jules Kessler
MMD 2012 -00005 Land Use File
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard or.gov
RECEIVED
John Floyd
Associate Planner MAY 1$ 2012
City of Tigard
CITY OF TIGARD
RE: Application Submittal — MMD2012 -00005 PLANNING/ENGINEERING Dear Mr. Floyd
I received your comments regarding the Planning Application dated March 15, 2012. I was happy to
meet with your team to review the application and adapt our application to address your comments.
The following comments were provided by your team — following each I have included an applicant
response that is reflected in the revised application drawing set.
1. The existing and proposed site layout is substantially different than that approved in a previous land
use decision (SDR2 -74). This is not only resulting in an inefficient use of the shared parking facility
with Starbucks, but also constitutes an ongoing violation of the Tigard Development Code due to a
failure to maintain landscaping, screening, and the approved parking plan. Your present application
is an opportunity to remedy the violations, potentially legalize some of the changes, and improve the
parking facility that serves this business. As such, please revise your site plan to reflect the approved
parking layout, or expand the application to include all site plan changes you wish to be considered in
this application. Please note that we wish to work cooperatively with you to resolve this matter, and
avoid an enforcement action.
Applicant Response: There have been changes made to the site since the 1974 decision. We are
taking this opportunity to address these problems by documenting the existing conditions to be
those approved in the 1974 decision. This allows the proposed site plan shown on A1.1 to
include modifications proposed in this work as well as those implemented earlier.
2. Please include square footages for both the existing and proposed floor areas. Floor area is defined
as the gross horizontal area under a roof, measured from the exterior walls.
Applicant Response: Existing and proposed floor plan areas have been provided on A1.1
3. Your project is located within the Tigard Triangle Plan District (an area bounded by Pacific Highway,
Highway 217, and I -5). All projects, including renovations and remodels, are expected to contribute
to the quality of the area. Please provide exterior elevations that demonstrate compliance with non-
residential building design standards (18.620.040.A).
Applicant Response: Existing and proposed exterior elevations have been provided on sheets
A3.1 and A3.2.
4. Please provide dimensional standards for all parking stalls. Minimum stall dimensional standards can
be found in Figure 18.765.1 of the Tigard Development Code.
Applicant Response: All proposed parking stalls have been dimensioned on A1.1
5. The area proposed for the two new ADA accessible parking stalls appears to exceed the maximum
cross slope allowed (2 %). Please revise the site plan accordingly. One possible option would be an
exploration of a shared - parking agreement between both properties. This could also help address
completeness item No. 1 above. If you have questions regarding ADA standards, please contact the
Tigard Building Department at 503- 718 -2439.
Applicant Response: Proposed ADA compliant parking stalls have been located where maximum
slope requirements can be met. While it may be possible to meet the requirements through
stalls proximate to the Starbucks, the owner has decided to provide two additional spaces at the
Subway.
6. Please revise your site plan to include the required number of bicycle parking spaces (1 per 1,000
square feet of floor area). Specifications for bicycle parking can be found in 18.765.050 of the
Tigard Development Code
Applicant Response: Four bicycle spaces have been provided in the site plan on A1.1.
7. The existing solid -waste containers are not located in the previously approved locations, nor are they
shielded from view as required by Tigard Buffering and Screening Standards (18.745.050.E.4). Please
revise plans by identifying their location and screening measures.
Applicant Response: The solid waste containers are proposed in a new location and provided
with a six -foot high wood fence meeting buffering requirements, shown on A1.1.
8. Please obtain and present a Service Provider Letter for your project from Clean Water
Services.
Applicant Response: A Clean Water Services approval letter has been provided with the
application.
9. Please see attached comments from the City Arborist•. (below)
Protection of existing vegetation is required to be noted on plans. Specifically, the existing tree
nearest the building expansion should be protected with tree protection planting.
Street trees are required along the Pacific Highway frontage of the site
There is space for an additional large stature tree (minimum canopy width of 40') in the rear portion
of the parking lot.
Applicant Responses:
a. The existing tree nearest the building expansion has been labeled with tree protection
requirements on A1.1.
b. Three new street trees are shown along Pacific Highway on A1.1
c. A new large stature tree is proposed for the rear portion of the parking lot on A1.1
10. Staff has noted multiple signs that violate the City of Tigard sign ordinance. Please remove the
"feather" signs located in front of the building. All future temporary signs require a sign permit and
signage that conforms to City standards.
Applicant Response: All signs will be brought into compliance with this building permit
application and associated work.
I' q
TIGARD
March 15, 2012 City of Tigard
Ben Hufford
126 SW Stark Street
Portland, Oregon 97209
RE: Notice of Incomplete Application Submittal — MMD2012 -00005
Dear Mr. Hufford:
The City has reviewed your application to enlarge the existing Subway restaurant at 11634
Pacific Highway. Unfortunately we have found it incomplete and require additional
information (listed below). While not necessary, I strongly encourage you to meet with
staff regarding these requirements. I am available Monday through Friday by
appointment. Alternatively, feel free to phone or email anytime at 503- 718 -2429 or
johnfl@tigard-or.gov.
1. The existing and proposed site layout is substantially different than that approved in a
previous land use decision (SDR2 -74). This is not only resulting in an inefficient use
of the shared parking facility with Starbucks, but also constitutes an ongoing violation
of the Tigard Development Code due to a failure to maintain landscaping, screening,
and the approved parking plan. Your present application is an opportunity to remedy
the violations, potentially legalize some of the changes, and improve the parking
facility that serves this business. As such, please revise your site plan to reflect the
approved parking layout, or expand the application to include all site plan changes you
wish to be considered in this application. Please note that we wish to work
cooperatively with you to resolve this matter, and avoid an enforcement action.
2. Please include square footages for both the existing and proposed floor areas. Floor
area is defined as the gross horizontal area under a roof, measured from the exterior
walls.
3. Your project is located within the Tigard Triangle Plan District (an area bounded by
Pacific Highway, Highway 217, and I -5). All projects, including renovations and
remodels, are expected to contribute to the quality of the area. Please provide exterior
elevations that demonstrate compliance with non - residential building design standards
(18.620.040.A).
4. Please provide dimensional standards for all parking stalls. Minimum stall dimensional
standards can be found in Figure 18.765.1 of the Tigard Development Code.
5. The area proposed for the two new ADA accessible parking stalls appears to exceed
the maximum cross slope allowed (2 %). Please revise the site plan accordingly. One
possible option would be an exploration of a shared- parking agreement between both
properties. This could also help address completeness item No. 1 above. If you have
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard- or.gov
questions regarding ADA standards, please contact the Tigard Building Department at
503 - 718 -2439.
6. Please revise your site plan to include the required number of bicycle parking spaces (1
per 1,000 square feet of floor area). Specifications for bicycle parking can be found in
18.765.050 of the Tigard Development Code.
7. The existing solid -waste containers are not located in the previously approved
locations, nor are they shielded from view as required by Tigard Buffering and
Screening Standards (18.745.050.E.4). Please revise plans by identifying their location
and screening measures.
8. Please obtain and present a Service Provider Letter for your project from Clean Water
Services.
9. Please see attached comments from the City Arborist.
10. Staff has noted multiple signs that violate the City of Tigard sign ordinance. Please
remove the "feather" signs located in front of the building. All future temporary signs
require a sign permit and signage that conforms to City standards.
These changes are necessary to comply with the requirements of the Tigard Community
Development Code. If these changes are not made, we cannot find your application
consistent with approval criteria for a minor modification, and will be required to deny your
proposal.
Sincerely,
/John Floyd
Associate Planner
Attachment: City Arborist Comments
Cc: Jules Kessler
MMD 2012 -00005 Land Use File
City of Tigard
City Arborist Comments
March 14, 2012
Subway Expansion
Completeness Item Met Not Met N/A Comments
18.745.030.E: X - Protection of existing vegetation is
Protection of required to be noted on the plans.
Existing Vegetation Specifically, the existing tree nearest the
building expansion should be protected
with tree protection fencing.
18.745.040: X - Street trees are required along the
Street Trees Pacific Highway frontage of the site.
18.745.050: X -There is space for an additional large
Buffering and stature parking lot tree (minimum
Screening canopy width of 40') in the rear portion
of the parking lot.
18.790.030: X Not applicable for a minor modification
Tree Plan permit.
Requirement
18.790.050: X No trees are proposed for removal.
Permit Applicability
Todd Prager
Associate Planner /Arborist
March 14, 2012
2 (7 r (( t;yj (� - g n Water Services File Numtte r
Li U 15 Clean I � l�.''000 )(O
lean Se rvices
MAR 01 2012, z ]
nsat ve Area Pre-Screening Site Assessment
2. Property Information (example 182W/301490 . 3, Owner Informati
Tax lot IOW: I S I '36 'D £7 Z;.? 0 Z. . Name it Li AA : M
Company:. Sri
Address: it 6 3* Sti..) PA N& 14ty . t0
Site Address: i t 4' 2 .4 Say ' i i lb ' W tt V1404 I 4 City, State, Zip: ° c Ire- - 15 r,, 17 2.2 :A
City, State, Zip: — it ci AA -- ' t7z? PhonefFax 5 , t>i, CI a 1
Nearest Cross Street: — 71-1)1 �'t E -Mail:
4. Development Activity (cheek - all that apply) 5. Applicant Information •
❑ Addition to Sires Family Residence (rooms., deck, ) Name: ti
J H v �
ID Lot Un:Adjustm ❑ Minor La Partition Company: :,fit Le I 'Mf mu ►r
❑ Residential Condominium ❑ Commercial Condominium
Address: t 21-, S O. 5 S"j T
❑ Residential Stibdivision ❑ Commercial Subdivision .
Single LOtCorgtt� ial ❑ Multi Lot Commercial City State, Zip: f'c� i o+ — 7 c
Other Phoiie/Fax 6 - 3 ' t il'( S3
E -Mail: ■ #t v F 'oi- -A ell-All , GC'-K, .
6. Will the project involve any off -site work? ❑ Yes X No -❑ Unknown
Location and description of off-site work •
7. Additional comments or'nformation that may be needed to understand your project x' " 't) 1) 9310_ _`1
ADP rntoQ I,t# J IV; c t 'dt w f',r ?t t�
This application does NOT replace Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Develepmentrennits, DEQ
1200 -C Perit or otherpermits as issued by the Department of Environmental Quality, Department of State Lands andfor Department Of b Army
CtJE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. •
By signing this form,' the Owner or Owner's auiherced agent or representative, acknowledges and agrees that employees of Clean Wa Services have authority
to enter the project site at all reasonabte times for the purpose of inspecting project site conditions and gathering Information related to the p tacit site I certify
that I am familiar with the information contained in this document, and to the best of my knowledge and belief, this inform oli is true; complete, and accurate.
Print/Type Name 1:7.tJ 14 V .{ 'D Print/Type Title .ac Li•( t - e—T
Signature - -- . Date '3d I 12.
FOR DISTRICT USE • N LY
Sensitive areas potentialy exist on site or within 200 riffle site THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A
SERVICE PRta1(IDER LETTER. If Sensitive Areas exist on the site or within 200 feet oil ziacent properties, a Natural Resources Assessment Report
may also be regtsred
❑ Based on review of the submitted materials and besta!eIable itionnation Sensitive seas do not appear to exist on site or within 200' «the site This
Sensitive Area Pre-Screening Site Assessment does NOTT mate the need to evakiate and protect wailer quality sensitive areas If iheyare subsequently
discovered This document vrce ment will serve as youri prov e nter as required by Resolution acid Order 07 -20, Section 3.02.1. All required permits and
prov is Mist beobtained and completed under* elo(al, State, and federal law
Based on review of the submitted materials and best available information the above referenced project wi0.not significantly impact the existing or potentially
sensitive area( s) foundnearthesite .Th Screening SiteAssessment NOT eliminate the need to ;evalu ate and protect additio alwater
quality sensitive areas lithey are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order
07 -20, Section 3,021 All required permits and approvals must be obtained and completed under applicable local, state and federal law.
ILI This Service Provider Letter is not valid unless CWS approved site.plan(s) are attagitett
❑ The proposed activity does not meet the definition of development or the lot was platted after99/95 ORS 92.040(2), NO SITE ASSESSMENT OR • SERVICEPROVID - LETTER IS REQUI -b.
Reviewed by : / ®( . . rte® 40.1, Date $ - 2..
- - .1a) • Fax (•03) 681 -4435 �.org
Land Use Application
COMPLETENESS N S REVIEW REQUEST
TIGARD
TO: Gus Duanes RETURN TO: John Floyd
DATE ENT•
S March 12, 2012 REPLY REQUESTED BY: March 19, 20 12
PROJECT NAME: Subway Expansion CASE NUMBER: MMD2012 -00005
PROJECT ADDRESS: 10655 SW Greenburg [Address on application may not be correct]
PROJECT DESCRIPTION: Minor Modification to expand an existing Subway restaurant.
Project Planner Notes: Would like input on trip generation (More than 100 trips /day ?), the
reconfigured parking stalls, and anything else of concern.
Complete? Yes ❑ No
Comments below or ❑ See Attached
T :CL( . 10 2_ 4.4163 — ev / A r 4..
P0.1, aL Q e 7 ,t. 1,j.
1 — C ) u— f R.■ v al, A S 1, ,rte ,
is \curpin \masters \completeness review request.docx
1,.( t2 3L'i c0(90
AIRVMeNqc
4 ';, y ; DIRECTOR'S INTERPRETATION
DATE: July 20, 2010
CODE CHAPTER: 18.360.050
TOPIC: Major /Minor Modifications(s) to Approved Plans or Existing Development
LOCATION: Citywide
1. INTRODUCTION
Section 18.360.050.B provides eleven evaluation criteria to determine whether a proposed
development action results in a minor or major modification of an existing development. Criterion
#3, regarding "a change that requires additional on -site parking in accordance with Chapter 18.765,"
has been problematic. A strict reading of the code could require a relatively minor modification,
associated with a change of use, to apply a Type II procedure (SDR) that has a much higher
application fee, requires notice, and takes substantially longer than a Type I procedure (MMD). In
the interest of applying a procedure proportional to the impacts of a development proposal, staff
has interpreted the criterion such that if a proposed development could accommodate the required
increase in parking (within limits) on the subject property and complies with the other criteria for a
minor modification, then a Type I procedure should apply. The Director's Interpretation can
provide clear and objective criteria to establish appropriate limits.
II. ANALYSIS
Proposed development involving a change of use, depending on the relative parking requirements
for the existing use and the proposed use, may require additional on -site parking per Table 18.765.2.
I f additional parking is required, then aiy additional parking requires a Type 11 procedure. In some
cases, where the proposed development is essentially a tenant improvement within an existing;
structure, but the change of use requires additional parking, the Type II procedure involves higher
application fees, notice, and a higher level of review which are not proportional to the impacts of
development. A Director's Interpretation is necessary to address cases such as this. The City desires
to promote business opportunities and job creation associated with adaptive reuse of existing
buildings..
If low impact (no off -site impacts) cases requiring additional parking can be defined with clear and
objective approval criteria, which don't otherwise meet any other of the ten criteria, then a
proportional Type I procedure could be used. This criterion should be amended in a subsequent
code amendment.
III. INTERPRETATION
Major /Minor Modifications(s) to Approved Plans or Existing Development Page 1
In the interest of applying a proportional procedure, with regard to fees and time to review, to a
proposed development requiring additional on -site parking in accordance with Chapter 18.765, a
'type 1 procedure (MMD) may apply when:
1) All proposed improvements are within an existing structure (no increase in building square
footage).
• 2) The additional parlung can he accommodated on the subject site through a) existing spaces, b) •
restriping, or c) conversion of standard to compact spaces not to exceed 50`%.
• 3) No other criterion in Section '18.360.050.8 is met requiring a major modification.
4) Pursuant to Section 18.360.060.C.1, the proposed development is in compliance with all
applicable requirements of this title.
•
O
f y.t.6
•
Ronald B. Bunch, Community Development Director
•
•
•
•
Major /Minor Modifications(s) to Approved flans or Existing Development Page 2