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MMD2013-00020 NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2013 -00020 's 19 SESAME DONUTS T I G A RD 120 DAYS = 9/4/2013 SECTION I. APPLICATION SUMMARY FILE NAME: Sesame Donuts CASE NO.: Minor Modification (MMD) MMD2013 -00020 PROPOSAL: The proposed minor modification to an existing conditional use would allow Sesame Donuts to be open to the public from 5AM until 12AM, midnight. Operations such as baking, cleaning and other business operations may occur while the business is closed to the public, between 12AM and 5AM The property is located within the Neighborhood Commercial (C -N) zone which limits hours of operation from 7AM to 10PM, unless approved through a conditional use permit. The previous use was an eating and drinking establishment; therefore, this is not a change of use. APPLICANT: Haider Fakiha Sesame Donuts 10705 SW 71" Avenue Tigard, OR 97223 OWNER: Pacific Crest Partners Scholls, LLC Dan Boyden 1430 Wastside Road Hood River, OR 97031 LOCATIONS: 12700 SW North Dakota Street WCTM 1S133AD, Tax Lot 16200. ZONING DESIGNATION: C -N: Neighborhood Commercial District. The C -N zoning district is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those which are purchased frequently, i.e., at least weekly; for which comparison buying is not required; and which can be sustained in a limited trade area. Such uses include convenience markets, personal services and repair shops. A limited number of other uses, including but not limited to restaurants, gas stations, medical centers, religious institutions, transit - related park- and -ride lots and facilities with drive -up windows, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330.020.C.3 MMll2013 -00020 SESAME DONUTS Page I of 3 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 is located at 12700 SW North Dakota Street, on the southwest intersection of SW Scholls Ferry Road and SW North Dakota Street. The site is approximately .39 acres and part of a larger commercial development known as Scholls Commercial Center. The site is developed with two commercial buildings, associated parking lot, and landscaping. The site has approximately 73 parking spaces that serve the existing uses. Proposal Description: The proposed minor modification to an existing conditional use would allow Sesame Donuts to be open to the public from 5AM until 12AM, midnight. Operations such as baking, cleaning and other business operations may occur while the business is closed to the public, between 12AM and 5AM. The property is located within the Neighborhood Commercial (C -N) zone, which limits hours of operation between 7AM to 10PM, unless approved through a conditional use permit. The previous use was an eating and drinking establishment; therefore, this is not a change of use. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: The proposal is a modification of the existing conditional use on the site. Therefore, compliance with applicable development standards must be demonstrated. MINOR MODIFICATION OF APPROVED OR EXISTING CONDITIONAL USE: Section 18.330.020.C.3 states a Minor Modification shall be approved, approved with conditions, or denied following the Director's review based on the following findings: a. The proposed development is in compliance with all applicable requirements of this title. Specifically, the proposal shall meet the following: Section 18.520.050A(4) Special Limitations on Uses: 4. Uses operating before 7:00 am and after 10:00 pm shall be subject to the conditional use provisions, as governed in Chapter 18.330. The proposed Sesame Donuts would like to open to the public at 5AM, similarly to Starbucks located within the same shopping center, and close at 12AM, midnight. Operations such as baking, cleaning and other business operations may occur while the business is closed to the public, MMD2013 -00020 SESAME DONUTS Page 2 of 3 between 12AM and 5AM. The extended hours of operation will not generate any noise or cause any other negative impacts to neighboring properties. Parking will not be affected during these extended hours as most of the other business within this shopping center will be closed at that time. The previous uses were also eating and drinking establishments; therefore, there are no additional impacts. FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable requirements of this title are satisfied. b. The modification is not a major modification. FINDING: Staff finds that the changes listed in TDC18.360.050.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 conditional use. 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 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 MAY 7, 2013. AND BECOMES EFFECTIVE ON MAY 8, 2013. Questions: If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. May 7, 2013 APPROVED BY: A nes Kowacz DATE Associate Planner 503 - 718 -2427 agne s ka tiga rd - or.gov MMD2013 -00020 SESAME DONUTS Page 3 of 3 0- FERRY RD S.w• ' NEW STREET TREE TO MATCH ESSIAIO EX MITT POLE , DC TREE (7TP.) �� V 600 SOW ��� � NEW LURE MATCH E70511NC TO \ � REPOSE DC UGHTINC MI NEM 2 1/y CAL 0 E7MSTMIC CURB STANDARD 6� 0 7RfF 70 YA1CH EX �_ . ` - - Al. y I,'� is REES ' CURB RE -STRPE EOSIN PITEMON T E70STMC . SPACES AS SFOBI NEW RPEILNDIIS AREA •. NEW CURB t 14 r ' RERAN MIMIC FENCE ! - ■TN DOUBLE -SM]ED WOm S NEW OOYPACf T r , , S`^ ^ [�, NEW 2 1 FT /Y CAL IICE OF SAYE NNW ' � A ,., SPACES (6) 1 - - - • v - 10 5 MATCH ' LLL () I , LAG7N11 OF �1 .��' JB•�L - - - - E TWlC TREES ETC 11fE (TTP.) I t ~ Z S - - - ! I - - -I� _' orooAnco• Tau p) 0. oesnNC B - T2' Ha '' 1 1 ��� ARBORYTAE HEDGE i� � I - - - - - . 50' .I NEW TREES 10 MATCH - `., Ex BUFFER ,TEES (2) f ,,., B ' - - , O r - - - / •i! 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Kamm Cherry COIPACT. a " a , B By: eta _ -- nrTte: s 9 maw O NORTH DATE ED MURPHY & ASSOCIATES SCHOLLS FERRY Rty�M1 *9 Land Use Planning and Development Services IMPROVEMENTS PLAN COMMERCIAL CENTER PAGE NO 9873 SW Afisrdock et, Tigard, Oregon 97224 NOT TO SCALE 12744 SW North Dakota Street 1 OF 1 phone: 503.624.4625 fax: 501968.1674 Tigard, OR 97008 PROJECT NO SFC001 City of Tigard Minor Modification — Type I Application TIGARD �l GENERAL INFORMATION„ Property Address /Location(s): 12700 SW North Dakota In addition, th irector mkst VA that the proposed Street, Tigard, Oregon 97223 change is in compliance Otii applicab requirements of Tax Map & Tax Lot #(s): 15133AD16200 Title 18 of the Tigard Develokam 01b complete this review, the Appli t C '., must include a Site Size: i • l 6 c res discussion indicating� ite expansion /change will continue to comply' with the maximum setback, building Applicant*: Haidar Fakiha height, parking, and landscaping standards. Other Address: 10705 SW 71st Avenue requirements of this title such as clear vision, solid waste City /State: Tigard, Oregon Zip: 97223 storage, non - conforming situations, signs, and tree Primary Contact Haidar Fakiha removal may also be applicable depending on the type and Phone: 503 720 - 0624 Fax: 503 297 - 1029 location of the proposed modifications. E -Mail: • ii4 r e h ce m Property Owner /Deed Holder(s) *: (Attach list if more than one) Pacific Crest Partners LLC REQUIRED SUBMITTAL ELEMENTS Address: 1430 Eastside Road Phone: 541.3U - 4333 (Applications will not be accepted without the City /State: Hood River, Oregon Zip: 97031 following required submittal elements) * When the owner and the applicant are different people, the © Application Form applicant must be the purchaser of record or a lessee in © Owner's Signature/Written Authorization possession with written authorization from the owner or an © Title Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application © Site Plan (4 Large Plans & One — Reduced to 81/2" x 11") in the space provided on the back of this form or submit a © written authorization with this application. Applicant's Statement /Narrative (4 copies) © Filing Fee $627.00 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 or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) — Conditional Use. If the Case No.(s): !" aol3'O006 modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. Receipt No.: /5' / .l7 2 Applicant's Statement Date: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: 1� 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Revised 7/1/12 c \ curpin \goers \land use applications \minor modification app.docx to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 1 of 2 • 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: • Th a. w i es • ...,: . • "o . to a n • . _ - . r tri ... _ _, a t m . • ! . __ch _. o • r im .. - ed _1... n ub' Propel'. • 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 C day of + , 20 b Owner's S Owner's Signature �i • _. t : Signature Owner's Signature Tevia h tr Owner's Signature - Owner's Signature City of Tigard I 13125 SW Hall Blvd, Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 2 of 2 CITY OF TIGARD RECEIPT I' v 1 3125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 191272 - 05/07/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2013 -00020 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00 LRP MMD2013 -00020 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1020 JFLOYD 05/07/2013 $627.00 Payor: L N L LLC Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 Scholls Center -Minor Modification KEY INFORMATION Project Name: Scholls Center Site Development Review (SDR) Minor Modification. The application is to allow a Sesame Donuts restaurant to occupy the space previously occupied by Pasta Pronto. Property Description: The restaurant space is part of a small commercial center. The restaurant space is about 2805 square feet out of the approximately 15,665 square feet of leased space in the center. Location: Southwest corner of the intersection of SW Scholls Ferry Road and SW North Dakota Street. The address of the center is 12700 SW North Dakota Street. Legal Description: The site is comprised of three tax lots: 1S133AD16000, 1S133AD16100 and 1S133AD16200. Washington County. The restaurant is located on tax lot 1S133AD16200. Parcel Size: The three parcels total 1.31 acres in size. Zoning: Tax lots 1S133AD16000 and 1S133AD16200 are zoned Neighborhood Commercial (C -N), and tax lot 1S133AD16100 is zoned Professional /Administrative Commercial (C -P). Applicant: Haidar Fakih, hereinafter referred to as "applicant ". Property Owners: Pacific Crest Partners Scholls LLC (which owns tax lots 1S133AD16000 and 1S133AD16200). Tax lot 1S133AD16100 is owned by Dr. Keith Nicol, and is used for the Sorrento Animal Hospital. Owner's Contact Info: Dan Boyden, member Pacific Crest Partners Scholls LLC 1430 Eastside Road Hood River, Oregon 97031 �� 541 - 386 -6333 dboyden @gorge.net t ®x Haidar Fakiha, Sesame Donuts �� � - -- 10705 SW 71 Avenue 6.0 � Tigard, Oregon 97223 e‘.04\1 �` * haidar.fakiha @hotmail.com Applicant's Representative: Ed Murphy, AICP, Planning Consultant Ed Murphy & Associates 9875 SW Murdock Street Tigard, Oregon 97224 503 -624 -4625 murphyed @frontier.com 5/07/2013 1 Scholls Center — SDR Application SUMMARY The owner of Sesame Donuts, Haidar Fakih, plans to open a new restaurant in the space previously occupied by Pasta Presto (and before that, Pasta Veloce, and before that, Boston Market). He would like to open the restaurant at 5:00 AM, and close at midnight. To open before 7:00 AM or close after 10:00 AM requires approval of a Conditional Use. Staff has indicated that they would consider this a Minor Modification of an existing use. BACKGROUND INFORMATION The site: The site is developed as a small commercial center with approximately 15,665 square feet of leased space. The tenants include a bank, a veterinary clinic, a beauty parlor, a drycleaners, a nails shop, a coffeehouse, and until recently, a restaurant. The restaurant space is on the east side of the center, adjacent to SW North Dakota Street. Adjacent uses. To the east is SW North Dakota Street, with a Providence Medical Group clinic directly across the street; to the south is a KinderCare Learning Center; to the west are commercial uses (Starbucks Coffee is immediately adjacent); and to the north is SW Scholls Ferry Road. See Aerial photo, Exhibit '1'. Prior Approvals and Reviews: The City approved: • Conditional Use Permit for a veterinary clinic in the C -P zone in 1979; • Site Development Review for the bank and retail office spaces in 1994; • Zone change from C -P to C -N for two of the tax lots in 1996; • Conditional Use Permit for Starbucks in 1996; • Major Modification of the site plan in 1999, when the owner added 5 more spaces in the northeast corner of the site. • Site Development Review and Variance in 2011, when the owner added parking spaces to the west of the bank and completed several other site improvements. An "eating and drinking establishment" - Boston Market - was approved in 1995 as part of the original application for the commercial center. Since then, the restaurant space has been occupied by a Pasta Veloce and then a Pasta Pronto restaurant. Proposed Improvements: No changes to the site are proposed. The owner and applicant are not proposing any changes to the site's ingress or egress, or to the utilities serving the site. The site is already served with adequate sewer and water services. The storm water from the site is detained on -site, and is treated in an approved water quality facility prior to being discharged to an existing storm water pipe in SW North Dakota Street. The applicant is not proposing any new freestanding signs or any wall signs (other than change the name of the restaurant), or any additional exterior lighting on the building or on the site. 2 5/07/2013 Scholls Center —Minor Modification RESPONSE TO APPROVAL CRITERIA The approval criteria for a minor modification is found in Section 18.330.020 of the Development Code. Following are the responses to the criteria. 18.330.020 Approval Process C. Minor modification of approved or existing conditional use. 1. Any modification which is not within the description of a major modification as provided in Subsection B above shall be considered a minor modification. RESPONSE: This modification is not within the description of a major modification. Therefore, it should be considered a minor modification. See responses on page 4. 2. An applicant may request approval of a minor modification by means of a Type I procedure, as regulated by Section 18.390.030, using approval criteria in Subsection C.3 below. RESPONSE: The applicant is requesting g approval of a minor modification by means of a Type I procedure. Responses to the approval criteria are provided below. 3. A minor modification shall be approved, approved with conditions, or denied following the Director's review based on the findings that: a. The proposed development is in compliance with all applicable requirements of this title. The owners of the commercial center made several improvements to the site in 2011. These improvements included adding eight new parking spaces to the west of the bank, and making various other improvements to the site. See site plan, attached as Exhibit '2'. Specifically, the following improvements were completed: • Installed one more street tree along SW Scholls Ferry Road; • Installed three new trees to mitigate the removal of one street tree; • Added six new or replacement trees in the central parking lot; • • Installed a new bike rack in front of the restaurant space; • Revised the central parking area to conform more closely to current standards; • Shielded the floodlights on the west side of the bank building so the light no longer crosses the property line; • Improved the screening and buffering along the west property line of tax lot 1S133AD16000, i.e., behind the bank building; 5/07/2013 3 Scholls Center — SDR Application • Improved the screening and buffering along the south property line of tax lot 1S133AD16200,i.e., behind the main building; • Improved the recycling area behind the main building and screened it from view with wood fencing. (Recyclables are now picked up from SW North Dakota Street instead of from the dumpster area by the veterinary clinic, reducing the noise impact on the residential neighbors); • Restored the functionality of the storm water quality and detention facility by removing the leaves and adding river rock and plantings. Because of these improvements, the site now meets the applicable standards of the Development Code, including the off - street parking standards contained in Chapter 18.765; the mixed solid waste and recyclable storage standards contained in Chapter 18.755, and the landscaping and screening standards contained in Chapter 18.745. The purpose of this Minor Modification application is to extend the hours of operation. The applicant would like to be open from 5:00 AM until midnight, at a maximum. (He may decide to stay open only until 10:00 or 11:00 PM, but would like the flexibility to stay open a little later, especially on weekends). Section 18.520.050.A. states that "uses operating before 7:00 a.m. and after 10:00 p.m. shall be subject to the conditional use provisions, as governed in Chapter 18.330." The applicant asserts that most of his customers are early morning customers, who might get coffee and donuts or a sandwich prior to going to work. Most of the other uses in the center will not be open during the 5:00 - 7:00 a.m. time period, so parking should not be an issue. (Starbucks Coffee opens at 5:00 a.m.). There should be no._noise, odors, or lights disturbing any of the neighbors during this time. Similarly,, some customers come in late at night and want coffee and sandwiches. The applicant would like to stay open after 10:00 p.m. to serve those customers. Again, the impact on other tenants in the commercial center will be minimal, since most, if not all, of the other stores will be closed by 10:00 p.m. There should not be any noise, odor, lighting or other noticeable impacts to any of the neighboring property owners or tenants from staying open another hour or two after 10:00 p.m. He is requesting approval of operating hours of 5:00 a.m. until 12:00 p.m. (midnight). b. The modification is not a major modification as defined in Subsection A above. RESPONSE: The proposed Sesame Donuts restaurant is not a major modification. A major modification would result if one or more of the changes listed below have been proposed: 1. A change in land use. The land use will not be changed. It will still be an eating and drinking establishment occupying this space, the same as it has been for the last 18 years. 2. A 10% increase in dwelling unit density. This criterion is not applicable, 4 5/07/2013 Scholls Center —Minor Modification since this is not a residential development. 3. A change in the type and /or location of access ways and parking areas where off -site traffic would be affected. The type or location of access ways and parking areas will not be affected. 4. An increase in the floor area proposed for non - residential use by more than 10% where previously specified. The floor area will not be increased. 5. A reduction of more than 10% of the area reserved for common open space and /or usable open space. The common open space and /or useable open space will not be reduced. 6. A reduction of specified setback requirements by more than 20 %. The setback requirements will not be reduced. 7. An elimination of project amenities by more than 10% where previously specified provided such as: (1)- Recreational facilities; (2) Screening; or (3) Landscaping provisions. No project amenities will be eliminated or reduced. 8. A 10% increase in the approved density This criterion is not applicable, since this is not a residential development. RESPONSE TO SUPPLEMENTARY REQUIREMENTS There are some supplementary requirements set forth in other chapters of the code which are applicable, and which were not addressed above. These are listed below: Chapter 18.725 Environmental Performance Standards. This Chapter applies the federal and state environmental laws, rules and regulations to development within the City of Tigard. There has been an eating and drinking establishment in this space since 1995. The new tenant, Sesame Donuts, will have no greater impact than the previous restaurants that have occupied this space. The restaurant will operate in compliance with applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or streams. The expansion of the hours of operation by two hours in the early morning and two hours in the late evening will not cause any noticeable increase in the impact of the proposed restaurant on the neighboring property owners or tenants, or on the general public. That is: • Noise. There will not be any noise from the use. • Visible emissions. There will not be any visible emissions from the use. 5/07/2013 5 • Scholls Center — SDR Application • Vibration. There will not be any vibrations emanating from the use that will be discernible without instruments at the property line. • Odors. There should not be any odorous gases or other matter generated from the use in such quantities as to be readily detectable at any point beyond the property line. There may be some "good" odors emanating from the bakery and kitchen from time to time, but even if detectable, those odors are unlikely to be an issue with surrounding tenants and property owners). • Glare and heat. The will be no direct or sky - reflected glare visible at the property line, or any emission or transmission of heat or heated air which is discernible at the property line, caused by the use. • Insects and rodents. All wastes will be stored in closed containers, and the grounds will be maintained in a manner that will not attract or aid in the propagation of insects or rodents or create any type of health hazard. Therefore, the use itself will comply with these performance standards, and more to the point, the expanded hours (5:00 a.m. until 12:00 p.m.) will not create any impacts beyond those that may occur during the "regular" hours of 7:00 a.m. to 10:00 p.m. CONCLUSIONS The application for a Minor Modification in order to extend the hours of operation of an eating and drinking establishment by two hours in the morning and two hours in the evening complies with all the applicable requirements in the Development Code. It will also comply the applicable environmental performance standards. There should not be any negative impacts to the neighbors. In fact, there will be a positive impact as people living or working in the neighborhood will have a place to meet, and have coffee and something to eat, even in the early morning or late evening. Several of the surrounding employees and neighbors have already expressed their eagerness in seeing this restaurant open as soon as possible. The Minor Modification should be approved. • 6 5/07/2013 Scholls Center -Minor Modification EXHIBITS Exhibit '1' Aerial photo Exhibit '2' Site plan • • 5/07/2013 7 r • , �� im... .., ilpir. rot p, •' a :i• Mf . 1 ^:._ - ara'_ Vim' -,ie ' aaa y 1 r .. \ -). .. 4 rZ ' € _ . . .. ` � — O _ — , , WO H f r • r' • , L • -Ar 4 ^ ii Il I ate — s1 ��. ++1� ± ° i M1. s+ - ' .. ••••• ' . 31 i„ 5 ' .1 : • r , s — L 1 T ra °' - s ' ,a m : rii i �R4aSi ado � . t. ; .; s . - ~ r ! r•;! F � I � of w,'• `na. • Ve - . cr i e, r F .F? f a. s r a .r y • , ,r • • r _ Ire 7 ,:,::, oloG00 ‘ ` { l�F - J e � 201 • N + r. F -- Approximate location of proposed Sesame Donuts restaurant O SITE CALCULATIONS A \ TREE existing r R Y � DUSTING PROPOSED a 1 I F } R TOTAL SITE AREA 57,M/ SF ♦�. S l- REQ. LANDSCAPE AREA: 5,567 SF (15%) S.N. SCN�L LANDSCAPE AREA: 11,606 SF (20.7%) 10.272 SF (18.0%) MW 2 -1/2 1X01 PARKING SPACES'. 85 SPACES 71 SPACES GL STREET TREE ACCESSIBLE'. 3 3 i �� CC DANNY PAU STANDARD'. 29 26 ei� � , COMP 33 42 W I— EL ma (n*a Z t� o�� ( %� PLANTING LEGEND J 6- '_ �� j SYMBOL BOTANICAL NAMES SIZE COMMENTS < J 0 �10 7 EVERGI EEN NEW PLANTINGS TO O ■TIGA11011 TREE j L ) NEW CURB MATGN E%ISRNG ' ` _ 1-f ' RENO E %. LIpiTING IEX' 7- p1 . V (� C ■ 10 FASTING CURB EX. LIC I 6 NEw law, , Acern�rum'Mrolrong' 25 'CBI. Blended u urxkmLappeeEaElae y NEw 2 -' /214101 �� /f! --- � / ` / Annan%Red Maple MBmI°"i'° -Y 'peen ,. 1 (n CAI. PER S. AREA RE-STRIPE EXISTING ....L.... 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N WTp rnsTi E,' LP (QL'i17I �I ,'�, _ O ' a CV L Ks Corm GATE ,n fop ` � ® \ \ \\ • t �I� V s 1 ���� • �^N^ � l,. �7 $ - b v , B 7�IIIQ( ESWS AL TO NEw z -1/2 Kph GAL EDGE A NT PER MFR. ' f �A REPLACEMENT TREE PRECAST PO C01 P C11�' z (M AIC 2-5/8' CONCRETE AVERS i ii O 0 NO. 8 AGGREGATE N FASTING STOWATM 4 j I - . N - 1'lli���� iE UNa ECRE -1/2 TO r sou \■ wl l l o� 8° �Ti n n ( 1 O {' COMPACTED Ar A C GREC E BASE �� j 0 Iti� . — 1 �- ..-.r= ' I ' 8 r- r TO s I ® � 1 i { n n n x =1 I F n x u "� L x= u INSTALL I CD > II =11 II II n xK11 ��IC11�11 E a5 NG 90 L Z ON maw OOR Ni Fl (2) , `.• ( NEC BICYCLE PAC O x I POR OUS PAVER INSTALLATION a 1 � q D Ili (5 SPACES) ' ��1 1 � Sesame OoseER III z CO O —H nar 70 W.ALE W N i II I W I H C EX CONC. PANIC w EASING SR%iMWATFR -4 I I NEW PERNOUS PRECAST SWAIE ,P PAVER SURFACE PRECAST P PA A AER 0 A _ _ _ -..� _ -._ _ _ , - �� 7 7 / ;$ j�flf .REY ■ ■ ■ ■■ RECE c jai - - . .« .w w 111111111r A \l �.� ... raw ° AWE AS NECESSARY . IVY gip" ) MAY 0 7 2013 r>osrvNC 8-FOOT EASR10 MAIM( Kw GNANLPK E%fR01SeN TREES FENCE EH SLATS ' ~f CITY OF TIGARD w7 ' 1404 WOE GTE PLANNING /ENGINEERING DATE 3)7111 REV 4)7111 REV 5112111 I ED Ndlnl Site Plan is created from data and measurements supplied by property owner. All rAxrn information subject to field verification. Verify all limits of work with physical and legal 1 Of 1 limitations in field. This drawing is for landscape purposes only. User is responsible for verifying accuracy of all Information provided herein. nrOl%CT No SFC001 j TICoR TITLE INSURANCE" Customer Resource Center Phone: 503.219.1000 Email: Ticor.Resource @TicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Pacific Crest Partners Scholls L Parcel Number : R2049968 CoOwner(s) : Ref Parcel # : 1S133AD 16000 Site Address : 12526 SW Scholls Fry Tigard T: 01S R: 01W S: 33 Q: NE QQ: SE Mail Address : 1430 Eastside Rd Hood River Or 97031 Telephone SALES AND LOAN INFORMATION Transferred : Loan Amount : Document #: Lender Sale Price : Loan Type : Deed Type : Interest Rate : % Owned : Vesting Type : PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land : $670,160 Census Tract : 316.08 Block: 1 Mkt Structure : $742,820 Neighborhood : ZBVT Mkt Total : $1,412,980 School District : Beaverton %Improved : 53 Subdivision /Plat: M50 Total : $1,056,930 Class Code : Banks & Financial Institutions Levy Code : 05185 Land Use : 2010 Com,Improved 09 -10 Taxes : $16,767.35 Legal : 1995 -073 PARTITION PLAT, LOT 1, Millage Rate : 15.6205 : ACRES .71 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres :.71 Year Built : Bathrooms : Lot SqFt : 30,927 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1stFIrSF : Roof Matl : Hood Fan : UpperFlSF : InteriorMat : Deck : Porch SqFt : Paving Matl : GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished. without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed JTICoR TITLE I NSURANC Customer Resource Center Phone: 503.219.1000 Email: Ticor.ResourceaTicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Pacific Crest Partners Scholls L Parcel Number : R2049971 CoOwner(s) : Ref Parcel # : 1 S133AD 16200 Site Address : 12700 SW North Dakota St Tigard 97223 T: 01S R: 01W S: 33 Q: NE QQ: SE Mail Address : 1430 Eastside Rd Hood River Or 97031 Telephone : SALES AND LOAN INFORMATION Transferred : Loan Amount : Document #: Lender Sale Price : Loan Type : Deed Type : Interest Rate : % Owned : Vesting Type : 1 \ PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : 655 B2 Mkt Land : $339,660 Census Tract : 319.03 Block: 2 Mkt Structure : $1,440,950 Neighborhood : ZBVT Mkt Total : $1,780,610 School District : Beaverton %Improved : 81 Subdivision /Plat: M50 Total : $877,690 Class Code : Levy Code : 05185 Land Use : 2010 Com,lmproved 09 -10 Taxes : $13,923.83 Legal : 1995 -073 PARTITION PLAT, LOT 3, Millage Rate : 15.6205 : ACRES .39 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres :.39 Year Built : Bathrooms : Lot SqFt : 16,988 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover : Pool : BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1stFIrSF : Roof Matl : Hood Fan : UpperFlSF : InteriorMat : Deck : Porch SqFt : Paving Matl : GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions Intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed .___ ______ _______=----.---- -=..---:-- • -- — _ — -- . _---- --- .'•,..; :.' V. , r.:-!..1....t.:!...1 . :'..:::!1'..... 1 : .:'.. ...;, ••:-...." 7 .-7 -..;"' - .; . • •- •• . . Ii se County of Washington •1 meat and - • .: • n • • • - '•;;J4 ' the . • : ,.. C , , r■ . ... .. . -'t Wired . ... cruokA . * 1 ‘ • t ...."-: •- ft . -= radar of — . afaaaot • ... .... - • ., ark Doc : 94104487 . 663.00 Rect: 133676 • _ 11/17/1994 10:43:45AM _... _.L.-. • 1 . I --- I _ LI 7,-. 7? 1 ga I :14 ar;-... IP! './, s• g .1 :..I - -1 .... _,.. '. 4 - -1 , ..1 .,; •--:1 ) - -3 •--i _ .. _ - 7.. •Tr-,- - - 7: - . • " -- • -- 7 — • , ..-..., d.;. . ; ". • . . ... ' 4:47 :.: ..- . • . . . • . • 1 .. '-'riZL•t...:-.7.•^;..:. - ..: - . . - ....,.,,,..7.-.1,02 -__*--:: .;._ . . • , - • - - - -':....4P... , - , `::-:••••• .*. - *. • . • , . . • - .-. :- .4i. •-:.t'ii -.• .:. '.. ,'. . . ' -' . f.' ;.:. „?.?;.:••, . !_..___.. ',. .....; .. ___ - - < - - ' I ---_-_-:--t--=-4-1_,...*_ive. "foolowelf000•iie•oromifteeessoseeoee---__—=_--_ - - -- • • 4. 0' ...r A " c A , � Alter recording return to: Pacific Crest Partaera Schos, L.L.C. 911 Oak Street Hood River, Oregon :.97031 • a ll Until a change Is requested all tax statements shall be sent to the following address. Pacific Crest Partners Scholls, L.L.C. 911 Oak Street Hood River, Oregon 97031 Title Order No. Escrow No. 94160153 • STATUTORY WARRANTY DEED Lee Reed Cunningham, Grantor, conveys and warrants to Pacific Crest Partners Scholls, LLC. , =. Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: E SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION 7 w This property is free of liens and encumbrances, EXCEPT: Statutory Powers and Assessments of =« Unified Sewerage Agency; rights of the public in and to that portion of the premises herein i y I described lying within the limits of roads, streets or highways; easement for vehicular ingress and 0 egress recorded in Fee No. 85027461; relinquishment of access as disclosed by document recorded "' as Fee No. 92061303; easement for slope and the maintenance thereof recorded in Fee No. 92061303 m h. p ee THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS $ s h INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND �► REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIME `rt PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY I APPROVED USIES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST . FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. 10 du The true consideration for this conveyance is So24,555.00 Paid to an Accommodator Pursuant to '1 (01 an IRC 1031 Exchange (Here comply with the requirements of ORS 93.030) D tad this 16th of November, 1994. IP L E REED UN • HAM .. Gas.00 _u=.0:_51-1._ T "�' ;t`�- -.; ,� r1. F. DATE I , ■ <;..:., i:' c. STATE OF OREGON ) County of Multnomah ) SS: This instrument was acknowledged before me on 16th day of November , 1994, by Lee Reed Cunningham . //) / - 1,V 7 - 7 / j • 0 MIL 't'AONS3tlId,3NoISsivftw3AW Notary Public for Oregon i s ONK01ssiwnoo y. My Commission Expires I l/03/97 z ' NOe a 0-Or om' AMON - 'l mama -a Nanora .. !•; _� ms 3Y101.1.10 ' : G i Qi I :';‘:'.1-5:3; R OFFICIALSEaL MAUREEN C. AUCti . OTARYpuo NuC.OPEGON + uy COMMISSION E."FiRES u0'1.7. t(a7l m ..._ _ • IMIREEMITEMASEEMBESIMEIEMIEWIERV- . • NOV 14 '94 02:93F11 FIgsr feERIOX1 P.5 , ..:•:: ! Order No. 706027 __. .. • • • . . , . . . • - • • • •— EX113ff 'A' . . 1 Al 1 of t that oaten tract of rod procorty slOseed In Statin 33, Township I Salk Range I Wad of the • • .. Wliamere Madan In the Clty 01 Tigard, County of Washington and state of Oregon, bounded and , .. • . - deo:abed u fatom, todmIC . .. Segtrodng al liUl Iron pipe 860 fest North and 20 fee Wet of the one-queer comer barmen Sactkos 33 i and 34, Township I South. Range I Wed; thanes West 240 fast to an Iron pipe; thence North pardal waft i • the East line of said Seakrt 33. a distance of 230.25 fast to an tron pipe In the South Ora of the Schcars Ferry County Road No. 348; Maros North 77 East along the Sore+ Urbe dull SchoOs Ferry Road, 244.150 • • . . fee to an Iron pipe thence South along the Wee side of that certain road which is mentioned In the deed from J.D. Ha and wtfe to Fmk C. Hatosdua and !worded In Book 1T, papa 338. Recasts of Millington — -- County, Oregon, are is 20 feat WIC of and rosranal with the East One of raid Geotion 33, a distance c1 285.8 feet to the place cf beginning. —7= • — omen that portion thereof acquired by the Etas of Oregon, by and through b Department of — TilfttpOltriOCI, under Judgment entered ki Suit No. C90-I 017CVIn the Clicut Court for Washington County. a copy of which was recorded Sege/ribs, 3. 1002 as Fee No. 92081303. --- I ,..,.. —., • -- • 7......F.:4 -4.9C1 :'.r...: .4- . tg 11 ...y.ifir -,......., .•::.:1-4.• —. .., — 2:11i 1 —11P ..:,":. me • ;f gi a --.' ki -• 7?-tSil • . 1[.: ., am aw ' F.: i • •:'1 . ..... , 1 .•'..T.,_1 3 .. • •••=• . — . . ..••,...- ; ..-----..■.—.......---. -.,. ---- - • " • • -- -.—.--.,,, • • • :' .•.•• • •• :---7:: : :::4 ';;;;T: • :',e;•71T - • • •; , :: '.. = ' ' ''. • • •-•"'.-•-•-•.----"r•:-....:Ii...ii.......`...j.• .:'' . • ', .,. , '. . - . . • • • . • • • .. -. '.• .. .' . .. .. . . ........_ .:-.... ....., ..„, • . --------,..,,,,,,..., r • -,..7-.- .• .. • .. .. . .--:.?...,7:n ,...--•-• - • • : • .• , ., . ..... • -., . • • . • . . . . • • . , , . _____ - .. - -- - .,- ,=...-,--.---- . tisioiiii="-•----s° TICOR TITLE I NSURANC Customer Resource Center Phone: 503.219.1000 Email: Ticor.Resource @TicorTitle.com Website: www.ticorpdx.com Washington (OR) OWNERSHIP INFORMATION Owner(s) : Nicol Properties LLC Parcel Number : R2049969 CoOwner(s) : Ref Parcel # : 1S133AD 16100 Site Address : *no Site Address* T: 01S R: 01W S: 33 0: NE QQ: SE Mail Address : 6435 SW Scholls Ferry Rd Portland Or 97223 Telephone : SALES AND LOAN INFORMATION Transferred : 05/01/2006 Loan Amount : Document #: 52053 Lender Sale Price : Loan Type : Deed Type : Warranty Interest Rate : % Owned : 100 Vesting Type : Corporation PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land : $196,890 Census Tract : 316.08 Block: 1 Mkt Structure : $921,270 Neighborhood : ZBVT Mkt Total : $1,118,160 School District : Beaverton %Improved : 82 Subdivision /Plat: M50 Total : $310,860 Class Code : Single & Small Strip Store Levy Code : 05185 Land Use : 2010 Com,Improved 09 -10 Taxes : $4,931.54 Legal : 1995 -073 PARTITION PLAT, LOT 2, Millage Rate : 15.6205 : ACRES .21 • PROPERTY CHARACTERISTICS Bedrooms : Lot Acres :.21 Year Built : Bathrooms : Lot SqFt : 9,147 EffYearBlt HeatMethod: BsmFin SF : Floor Cover : Pool BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher : 1 stFIrSF : Roof Matl : Hood Fan : UpperFlSF : InteriorMat Deck Porch SqFt : Paving Matl : GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed (--- — - -- - -- - — - — Washington County. Oregon 2006- 052053 0510//2006 04:45:47 PM DOW Creel BenetO ADVYCR 70.00 4400 911.00 • Total a 022.00 AFTER RECORDING RETURN TO: IIffl I � I III I1111111 111111 2 II Gary M. St. Louis 1J an Hare..n. Wroclaw of A ..... and Ta.nlon 01.44 1606 SE Glenwood Street and EaCBlele County Clartfor WUhinanon County. �� ln Oregon, do hereby cenlyln.tlM within anatnrm.mof s � .,, calling was reca N rod and recorded In . book Or �,,,•,� Portland, Oregon 97202 records of and county. .�. Jerry 0. Manson, 0Irn .o LIA.,•f,m.nt end Tendon. UNTIL A CHANGE IS REQUESTED ALL EaOrnno County Clore TAX STATEMENTS SHALL BE SENT TO: NO CHANGE. • STATUTORY WARRANTY DEED KEITH D. NICOL and BARBARA J. NICOL, Grantor, conveys and warrants to NICOL PROPERTIES, LLC, Grantee, the following described real property free of encumbrances except as specifically set forth herein: • Parcel 2, PARTITION PLAT NO. 1995 -073, in the City of Tigard, County of Washington, and State of Oregon. Said property is free from encumbrances except Trust Deed, easements, restrictions, and declarations of record. The true consideration for this conveyance is $1.00 and other good and valuable consideration. 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•S} OUL WITHTHEi PPROPRi'A1 E OR'COt iNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this // nn day of , 2006. r KEITH D. NICOL BARBARA J. 4 i0L STATE OF OREGON ss. County of l ) This instrument was acknowledged before me on /a 2006, by KEITH D. NICOL. OFFICIAL SEAL v IRIS K. JOHNSON t NO COM TARY MISBtON PUBUC-O 3668,96 REGON Notary Public fo Oregon MYCOM0.1 Fx FIRES MARCH 24.2007 _ _ _ .My.Commigsion.Expires:. (3/a4 STATE OF OREGON ) ss. County ofd`■ ► -, ) This instrument was acknowledged before me on R''k , 2006, by BARBARA J. NICOL. ,l LAURIE NAM RLYNCK ` f• 1 Kr NOTARY SSI PUB LIC - OREOON J COMMI NO .1 169 6 MY COMMISSION EXPIRES MARC 29 009 r Notary Public for Oregon , ' My Commission Expires: • ijre2005nleoIfl.lw.rrdccd 1 20405