MMD2013-00025 MMD2O1 3 - 00025
BLACK ROCK
COFFEE BAR
NOTICE OF TYPE I DECISION
•
MINOR MODIFICATION (MMD) 2013 -00025
BLACK ROCK COFFEE BAR TIGARD
120 DAYS = 10 -23 -2013
SECTION I. APPLICATION SUMMARY
FILE NAME: $lack Rock Coffee Bar
CASE NO.: Minor Modification (MMD) MMD2013 -00025
PROPOSAL: The proposal is to remove existing drive up coffee structure with an Oregon State
approved commercial structure. The new structure will be less than 10% larger. An
ADA accessible restroom will be included. New striping will be applied to the
parking lot. New utility services will be installed.
APPLICANT: Jake Spellmeyer
17647 Hill Way
Lake Oswego, OR 97035
OWNER: High Hat Restaurants, Inc.
11530 Pacific Highway
Portland, OR 97223
LOCATION: 11540 SW Pacific Highway, WCTM 1S136DA, Tax Lot 00800.
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. Except where non - conforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini- warehouses,
utilities, heliports, medical centers, major event entertainment, and gasoline
stations, are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.360.C.
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.
MMD2013 -00025 Black Rock Coffee Bar Decision 062713 Page 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located at the intersection of Pacific Highway and 71 Avenue. The site and small
structure have been long established as a drive up espresso outlet. The new structure will be a certified
Oregon manufactured commercial building and new utilities will be provided.
Proposal Description:
The proposal is to remove existing drive up coffee structure with an Oregon State approved
commercial structure. The new structure will be less than 10% larger. An ADA accessible restroom will
be included. New striping will be applied to the parking lot. New utility services will be installed.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
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. This criterion is met.
2. 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
it is a minor modification of a site development.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was posted at City Hall and mailed to:
N The applicant and owners
N 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.
lEll i■r - y MIN
THIS DECISION IS FINAL ON JUNE 27, 2013
A BECOMES EFFECTIVE ON JUNE 28, 2013.
MMD2013 -00025 Black Rock Coffee Bar Decision 062713 Page 2
Questions:
If you have any questions, please contact Hap Watkins at (503)718 -2440 or by mail to the City of
Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223.
I I
��� June 27, 2013
APPROVED BY: Darrel "l p" Watkins DATE
Livability Compliance Specialist
hapatigard- or.gov
MMD2013 -00025 Black Rock Coffee Bar Decision 062713 Page 3
RECEIVED
JUN 20 2013
_ • City of Tigard CITY OF TIGARD
Minor Modification — Type I Apfca ENGINEERING
TIGARD 1
Ate
GENERAL INFORMATION
Property Address /Location(s): In addition, the Director must find that the proposed
I( 5 SW r #4. #1•4 T ;��• ; O!e Y7 Z change is in compliance with all applicable requirements of
Tax Map & Tax Lot #(s): Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must indude a
Site Size: discussion indicating how the site expansion /change will
Applicant o S �I continue to comply with the maximum setback, building
( `T height, parking, and landscaping standards. Other
Address: l�V N << 6/..-e
requirements of this title such as clear vision, solid waste
City/State: Lk( t)Sw3° 1 0 Zip: `I } 3 4 storage, non - conforming situations, signs, and tree
Primary Contact J a& Spe em a removal may also be applicable depending on the type and
Phone: `ie 9 ;336 Fax: location of the proposed modifications.
E Mail: S Qk c. Spl !(.+�, t 7►r g wt..I /• c o
Property Owner /Deed Holder(s) *:
(Attach list if more than one)
n`
*it • REOUIRED SUBMITTAL ELEMENTS
Address: th K(.>. Yo W. Phone: 'l " + ?'
/�. �! Q�' P e (Applications will not be accepted without the
City/State: a
Zip: Z following required submittal elements)
* When the owner and the applicant are different people, the [r Application Form
applicant must be the purchaser of record or a lessee in er's Signature/Written Authorization
possession with written authorization from the owner or an
Tide Transfer Instrument or Deed
agent of the owner. The owner(s) must sign this application Site Plan (4.L &e — Reduced to 8' /x" x 11'r
in the space provided on the back of this form or submit a "' UUU"'
written authorization with this application. Applicant's Statement /Na tive (4 copies)
0 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
modification exceeds the maximum allowed under any one or Case No.(s): Alm Q `�6 0 a L j "'"
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. 7 (
Receipt No igl
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: fJ 441:(
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
to process the application would be reason to consider an
a p p l i cation 111,11. r. land use annlicatiints \minor modification app.docx
application incomplete and delay review of the proposal.
I S i 4' M o0g6
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 503-718-2421 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:
• 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 he. revoked if it is ctund 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 day of , 20
Owner's Signature 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 I 503- 718 -2421 I www.tigard - or.gov I Page 2 of 2
Tdo consider an applicati o f on th complete, app you i will need to i submit
bm ittal of El the REUIRED SUBMITTAL ELEMENTS as
e on the can the ureements O boa.
(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 (q day of ---- 5 - LAl`1t , , 20 I, 3
41111
I j
me = 5i: ure O wner 's Signature
L !1' (fi / gr
Owner's Signature Owner's Signature
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
IIII CITY OF TIGARD RECEIPT
la 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 191871 - 06/20/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013 -00025 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00
LRP
MMD2013 -00025 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
Credit Card 07845D HWATKINS 06/20/2013 $627.00
Payor: Jake Spellmeyer
Total Payments: $627.00
Balance Due: $0.00
Page 1 of 1
June 19, 2013
City of Tigard
13125 Sw Hall Blvd
Tigard, OR 97523
Re: Minor Modification Narrative, 11540 SW Pacific Hwy Tigard, OR 97522
We are purchasing the existing coffee business (Better Days Coffee) and kiosk at the above address, and
intend to operate the business as a Black Rock Coffee Bar. We will be leasing the pad site from the
landlord, and the existing tenant (Better Days Coffee) will be released from their current lease obligation.
We have already negotiated the pad site lease with the landlord and obtained site and building approval
from them. There is no purchase of land involved.
We are requesting a minor modification review at the aforementioned address, with respect to the current
building. The current building is an approved double side 10' x 20' coffee kiosk with no existing bathroom
and one utility sink. We intend to replace the building with an ADA compliant pre- fabricated state
approved building measuring 11' 7" x 19' 2" which is less than a 10% increase of the current approved
building. The pre- fabricated building will include an ADA compliant bathroom, 1 utility sink and 2 non-
food related sinks. We are placing the foundation at the existing footprint of the building, and will connect
to the existing on -site water /sewer lines. There is an existing sign pole approximately 18 feet high which
we will attach a conforming sign to. This sign pole meets the maximum set back requirements.
• We will re -pave the area and re -stripe all parking stalls within the area.
• The building will continue to meet the maximum set -back requirements.
• There will be no tree removal
• Our dumpsters will be included in the existing area of the current garbage and waste removal
dumpsters
The following outlines the considerations noted with respect to the evaluation criteria per Section
18.360.050(b)
1. An increase in dwelling unit density, or lot coverage for residential development;
a. N/A — Not a residential development.
2. A change in the ratio or number of different types of dwelling units;
a. N/A - Dwelling type remains unchanged. Ratio not impacted.
3. A change that requires additional on -site parking in accordance with Chapter 18.765;
a. N/A — Dwelling unit capacity remains unchanged. No sit -down capability. Will
re- stripe and better define parking stalls in existing area.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building
Code;
a. N/A - Dwelling type remains unchanged.
5. An increase in the height of the building(s) by more than 20 %;
a. N/A — Building will not exceed 20% of the existing building height, as per above.
6. A change in the type and location of access ways and parking areas where off -site traffic would be
affected;
a. N/A — No change to off -site traffic and parking as using existing footprint of
current building.
7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed
100 vehicles per day;
a. N/A — Not anticipated to increase vehicular traffic by more than 100 vehicles per
day.
8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding
expansions under 5,000 square feet;
a. N/A — As per above, building will not exceed 10% of the existing building
approved floor area.
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 %;
a. N/A — As per above, building will not exceed 10% of the existing building
approved floor area and we are planning on using existing footprint; accordingly
reserved common open space is not impacted.
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.
i. N/A — Amenities are not decreasing. New building will include ADA
approved bathroom.
11. A modification to the conditions imposed at the time of site development review approval which
are not the subject of SubsectionsB.1 through 10 above of this section.
a. N/A at this time.
Jake Spellmeyer, Applicant
Fidelity National Title Company of Oregon
n n
900 SW Fifth Avenue • Portland, OR 97204
(503) 222 -2424 • FAX (503) 227 -2274
PRELIMINARY REPORT
ESCROW OFFICER: Pamela J. Kinkead, CEO ORDER NO.: 10- 15841 -28- A
TITLE OFFICER: Terry Lucas Amended
TO: Real Estate Investment Group
ATTN: Mike Diamond
2839 SW 2nd Avenue
Portland, OR 97201
OWNER /SELLER: Hi Hat, Inc.
BUYER /BORROWER: to come
PROPERTY ADDRESS: 11530 SW Pacific Highway (Hi Hat Restaurant), Portland, OR
97223
EFFECTIVE DATE: May 6, 1999, 05:00 P.M.
1. The policy and endorsements to be issued and the related charges are:
AMOUNT PREMIUM
Government Service Charge 35.00
2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF
4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN THE CITY OF TIGARD,
IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS
FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
JJ\JJ 05/17/99
1
Order No. 10-15841-28
EXHIBIT "TWO"
Hi -Hat, Inc., an Oregon corporation, as to Parcel I;
Henry Louie, also known as Fook J. Louie; May Y. Louie; Poy Sing Louie, also known
as Steven Louie; Beverly Louie; Calvin Henry Louie; Joanne Louie; Melvin Hem Louie
also known as Melvin Hein Louie; Mary Louie; Janet Yuen Louie, also known as Janet
Y. Dowty; and Norman Dowty, all as tenants in common, as their interests may
appear, as to Parcel II;
High Hat Restaurants, Inc., as to Parcel III.
2
Order No. 10-15841-28
EXHIBIT "ONE"
PARCEL I
A parcel of land lying in Section 36, Township 1 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington County, Oregon, described as follows:
Beginning at a point on the West line of the Northeast quarter of the Southeast quarter of said
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, which point is
2094.5 feet North of the Southwest corner of the Northeast quarter of the Southeast quarter
of said section; thence East 95.2 feet; thence North 435 feet, more or less, to the county
road known as the West Side Pacific Highway; thence South 53°12' WEst along said road
to the West line of the East one -half of the East one -half os section 36. Township 1 South,
Range 1 West of the Willamette Meridian; thence South to the point of beginning.
PARCEL II
A tract of land lying in Section 36, Township 1 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington County,Oregon, described as follows:
Beginning at a point in the West line of the Northeast quarter of the Southeast quarter of said
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, which point if
659.05 feet North of the Southwest corner of said Northeast quarter of the Southeast quarter;
thence North on the said West line 475 feet; thence East 95.2 feet; thence North 435 feet,
more or less, to the County Road (known as West Side Pacific Highway); thence North
53 °12' East along said road 80 feet, more or less, to the West line of 20 -foot roadway
hereto -fore conveyed to Fred Drucker; thence South along the West line of said right of way
and the West line of the Drucker tract, 965 feet, more or less, to a point due East of the place
of beginning; thence West 159.2 feet to the place of beginning.
PARCEL III
Beginning at the most Northerly corner of Lot 1, FRUITLAND ACRES, in the City of Tigard,
Washington County, Oregon; thence South 49 °32' West along the northerly line of Lots 1
and 2 in said Fruitland Acres 150.O0feet; thence South 31°28' East 218.61 feet to the East
line of Lot 1 in said plat; thence North along the East line of said Lot 1, 283.82 feet to the
point of beginning;
ALSO beginning at the most Northerly corner of Lot 1, Fruitland Acres; thence South 49°32'
West along the Northerly lines of Lots 1 and 2 in said Fruitland Acres 150.00 feet to the most
Westerly corner of the tract conveyed to Philip J. Mistier, et ux, by Deed recorded in Book
358, page 253, and the true place of beginning; thence South 49 °32' West along the
Northerly line of said Lot 2 to a point which is 30 feet distant when measured at right angles
to the Southwesterly line of said Mistier tract; thence running South 31°28' East parallel with
and 30 feet distant from the Southwesterly line of said Mistier tract to a point on the East line
of said Lot 1; thence North on the East line of said Lot 1 to the most Southerly corner of said
Mistier tract; thence North 31°28' West on the Southwesterly line of said Mistier tract
218.61 feet to the place of beginning;
TOGETHER WITH that portion lying within the right of way boundaries of Pacific Highway,
State Highway 99W, that passed to the abutting property owner, by Abandonment Resolution
recorded May 16, 1996 as Fee No. 96043545;
EXCEPTING THEREFROM that portion included in the Quitclaim Deed from High Hat
Restaurants, Inc. to Thomas J. and Laurie F. Reid, recorded January 5, 1981, as Fee No.
3
Order No. 10-15841-28
81000204.
4
Mil Fidelity National Title Company of Oregon
N
W E
Map # 1 S136DA s
The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for
variations, if any, in dimensions and location ascertained by actual survey.
e'
7 ., s''' x
�,,..: NEI /4SEI /4 SECTION 36 TIS 0. t,
.•`,t'o f vVASHINGTON COUNTY OREGON
.0 x I
SCALE r.100'
!111 j
.(C.11... 1. T ' 600 4 r
•
Mitt...(. 1(C l• 1 223.44. •'w'•I
♦ , ;i •
I
' ,' L 700 S. ° : SEE Lt a P
y • � C ONA< I + I IS 1 36AD
—
�y C I ,,1
�\ e 6o ( . r a 14I f L
G � I I C .' a' ���GRS /
'I \ 1,11 /.`
r 90 w COM # _ �..
, X � f I J.66 AC ± A
M�/ '
; 200
. to '` ♦ i . / _
I 2400 --� ,• 2524c.
7 •a• '� I I \ •• I 1 SAC 2401' .
C
r
•
1 000 c
•
Q 'ICS No i3 OI </ r >
1 /.3.5 AC I ', t''
....- 31 ; D iv A Y
` r 1102 • r.° ,q
e
1 , I n I I � I r r A . x Q I 4` 1 I 2 %i
• o 1101 < ♦y♦ L I r ��
.JO AC' ♦' 13 I v� / z Lz._ 4 I - -2
Izoo r r
O./2AC. 1 I o f I ',
5 I I Y +
: 1300 ID –
— - . . • I J
254c. • '
CO " I N I I .' PO 40 e) 6 I I � I I ' _ - ' o
1 302 I I 1 t ,v I /' 7 -' -
; 5,4c. • I I I — r A 7 �5 �y
a I I �( I A t'
I- e I �x u � M Tl I ' � � r 11 T 1 �� J �es.t / / .�1. S �1 �.4. (a.H
(x S T .S.
z: 1 I _ - I I I ' 23 ? ' 9,
Wz' 2381
.L, 11.1 I I. I ~ ; I I �' 7754e
fas.
>' - f . . L , .. , .1 .Si fx' 'a sf_ :. L .._x :.
Q I ST7.70 ,
a 902 • i
C 7944e. 7
•76.10 /
i
8 J
171.•1 ' 2301 !r
C r /7SAe.
a A C 9 r) r—•
s
—� — — — — — T —� 7.. — — — —
1 i — — — � _ Slit. I.. x50 - `