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MMD2013-00030 MMD2O13 00030 COZY NAILS & SPA NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2013 -00030 COZY NAILS & SPA TIGARD 120 DAYS = 11/12/2013 SECTION I. APPLICATION SUMMARY FILE NAME: Cozy Nails & Spa CASE NO.: Minor Modification (MMD) MMD2013 -00030 PROPOSAL: The proposed minor modifications to existing development would allow a new personal service establishment, Cozy Nails & Spa. The space, approximately 1,320 square feet in size, is changing from an office use to a personal service use. APPLICANT: Kiet Nguyen 15943 SW Hall Boulevard Tigard, OR 97224 OWNER: Rosehill Investments, LLC 2001 Sixth Ave, Suite 2300 Seattle, WA 98121 LOCATIONS: 15943 SW Hall Boulevard WCTM 2S111DD, Tax Lot 00201 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 18.360.060.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED WITH CONDITIONS the above request. The findings and conclusions on which the decision is based are noted in Section IV. 1. The applicant shall comply with 18.520.050 (A) Special Limitations on Uses: N11\1I)2013 -00024 COZY N.111 .S & SP.\ Page 1 of 3 In the C -N zone. Special limitations in the C -N zoning district are as follows: 1. The use shall be conducted wholly within an enclosed structure, except as allowed in Subsection A.3 below; 2. No use shall have a gross floor area greater than 4,000 square feet; 3. Accessory open -air sales, display and /or storage shall be permitted for horticultural and food merchandise only and shall constitute no more than five percent of the gross building floor area of any individual establishment; and 4. 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. 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 15943 SW Hall Boulevard; at the northwest corner of SW Hall Boulevard and SW Durham Road. The site is approximately 0.80 acres and contains one commercial building with four tenant spaces and site improvements that include landscaping and associated parking lot. The entire site has 38 parking spaces. Proposal Description: The applicant intends to perform tenant improvements in to accommodate a personal service establishment. All the proposed alterations are completely within the building and no exterior changes are proposed. In accordance with Chapter 18.765 Off- street parking and loading requirements, personal services are calculated at a lower standard (2.5/1,000 sq. ft.) than an office use (2.7/1,000). Therefore, the new tenant is required to provide 3.3 off - street parking spaces while the office was required to provide 3.57 spaces. The development currently has 38 off - street parking spaces and with existing uses the required amount is 27 spaces (a surplus of 9 spaces). As demonstrated below, the proposal has sufficient off - street parking and additional parking is not required. Use Square Footage Parking Required Mixed Use Reduction Retail 2,400 2.4 x 3.0= 7.2 spaces 100% = 7.2 Eating & Drinking 1,320 (Other) 1.320 x 9.0 = 11.88 spaces 85% = 10.09 Establishments 1,236 (Fast Food) 1.236 x 7.0 = 8.65 spaces 70% = 6.05 Personal Service 1,320 1.320 x 2.5= 3.3 spaces 85% = 2.8 TOTAL PARKING 27 REQUIRED: SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: The proposed change in use requires a Minor Modification 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: N11%11)2013 -00024 COZY NAILS & SPA Page 2 of 3 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 in accordance with TDC 18.765, the proposed use does not require additional parking, as the site has a surplus of 9 spaces. All other applicable requirements of this title are satisfied. This includes but is not limited to building height, setbacks, and parking requirements. 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 a minor modification of existing site development and is in compliance with the applicable requirements of this title. 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 JULY 16, 2013. AND BECOMES EFFECTIVE ON JULY 17, 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. die* July 16, 2013 APPROV BY: Agnes Kowacz DATE Associate Planner 503- 718 -2427 agneska,tigard- or.gov MI\1D2013 -00024 COZY NAILS & SPA Page 3 of 3 APPLICANT MATERIALS Jul 10 1312:42p p 07/10/2013 11:28 5832539407 ARTICOLITE PAGE 01/02 v ivise t-Aett iftli1A, 1 . .. r ;- ( . 5--57).:26-.— L IV ED City of Ti a.kl. • . ' - JUL .. `1 2013 .Minor Mod ication — ..T •e' •I A - l�icattor� ,- �,, nr. •I lGARtJ � T:.a EER • GENERAL INFORMATION . . . • . Pico " Ad dresa/lj;eatiori(s): f 1 • Y C' //? /l ' . :. _- • >: .: ''' • . - - - 2.4 �-� � �� � ' In addition, the Di> for . must - fund that the proposed . • !{ -�--� - - change is in compliance with all applicable requirements of • Ta Map & Tia.i;ot #(s): r Title '18 of the Tigard Development •Code. •To complete - S 'Ii i P b — 40,U0- e', % S (. S ec 'f I) his .review, tie. Applicittt's proposal Must include a Site Size: c 7 4 f G 4 % S ; . '/ 4.' , disasssion.iadieating: how •the site /change will • - ��� • : .continue •to con -wwtb� the eaaiwx uni setback, ,btiildin A• lisr.>anoit Cet • Gr. l • .. • � - � .... , :. - • � •��• :� : g • - kP �/ h and landscaping standards. Other Address! 1 7 ' 1 � # •3 g l _ 11 1 U .1?� . 1 1 V • �; .''p requirements of this ode such as cieai vision,.solid waste' - City/State: i' i (71 AR Q , 012_ Zip: 72/ L . _ storage, , non- coahozzntrg situations, 'signs, : and . tree : PriinaryContact• : - • 'removal-may. also be applicable depending on tlae type and Phone: 9)3. . 3400 WO location of rlie.p oposOd modifications. • • P Mail Properly O ven Deed Holder(a): ... ' • ' - • .. (An if mo tt�r arc) • Lae; .t /1l -ljt . : : :•. - : .. 5 . a R E011I1tEb . 1$MITTAL FT.F.MENT$ q,ddxess: -,- fit' / -t• .. 2 Phone: - - Ci City/State: f ?¢ f � I . zip: ( doa w A`�. be accepted without the tJ ' / p L following requited •eutimittal elett►eatg) *'When the ovr ter and tbe applicant aie.diffexent,people, sole . m ..Application rm Fo: , • applicant must b t$a - lessee ix! .�afboci�.aticm possession with the P ursct of. record or a ix . y writum authotaaation from the owner or an � O • Title Transfer Instrument or Deed agent of the ow Tie • owner(s) must sign this • application . • • • in the space provided 'on the back Of this' ft�mi or submit a a • Site Plan (42 aige Plans Si One - Reduced to VA" a 11') written authomation. with this application. • • Ja. :lpplietes State: sent/ Narrative (4 copies) Minar'Modi . • . • • .. • • Minor ■lodibcations are processed for permitted uses and - - conditional uses. To- review a Modification as. a 'Minor • Muclificabun, the Director Must first 6uad that the expansion --- — . - • . - _ - - -. _ • or change does' nor involse• or more- of the uiteria. • .' .. . discussed within Section • 18 -.360. 050(8) Sire' Development • . FAR STA EJ$lE ONLY Review or Section 1 - Conditional Use. If the • Np. {s ): m � modification exceeds t h e maiiimum allowed' u n d e r any one o r • . - . .. • - - more of the c r i t e r i a , a Major' Modification' review is r e q u i r e d . . - • - - • Major Modificacons are processed is the Sartre• per, as a Ot er •Case Nn(e }: . new Site Development Review or Conditional Use Peoiit .' • • • • Fee: (4.11.-:OP Applicant's Statetnenr. . . Receipt No.: $ i' The applicant's - statement must include a auasma --y of the Da - 1 1 .1 1 .3 . • proposed changes. Criteria in either 18.360.050(8) . or 18.330.020(8)(2) must be addressed -with a detailed -response Application Aticepted B)" •to each mterion- Falluxe :o provide information needed" �te Deteentined Co p]ete. I S'� to process the application would be reason to consider an zm ce. 0/17/30-ii - application incomplete and ' delay review of the proposal, , t‘cuRruv\h'«\s""a cx " t tCotiibasoado« - City Of Tigard I 131 . SW Hall Blvd, Tigard,•©R• 47223 I. • 503- 7.1B-2421 . 1 www.tigard- or.gov • I Page .t oft Jul 10 13 12:43p p,6 • • To consider an application co omplete, vz o will need to submit ALL of the REQUIRED SUBMITTAL EATS as described on the front of this application in the "Required Submittal Elements" boxc: . (Detailed Submittal Requirement 1nfoimadon sheets can be obtained upon roglicst, for all types of .ind'UseApplicadons; • THE APPLICANT(S) SHALL CERTIFY THAT; . . . • • The above request tloes nor violate any deed restrictions that may be a ttawhed to or imposed upon the subie t lit . • • If the application is granted, the. app 'will a odse the rights granted in accordance with the terms and subject to all the condiions and limitations of the approval. • All of the above statements and the statements in the site plan; attachments, and exhibits transmitted herewith, are tiue;•and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if is is found that any such stammer= 'are false. • •. . The applicant has read the en ca tire contents of the . application, inclutbng the poli an d criteria, and understands the requirements for approving or denying the application. ' • • SIGNATURES of each owner of the subject property. . DATED this / day of ii.12 / . • ; 24 / i , Al �- i� • it . •er S' • . - ile .n 17 ( • rC�Qy Owner's Signature � A%1 -C4. `.. 0r,. el-6? • Owner's Signature • . : . ' Owner's Signature . - - • Owner's Signature Owner'a'Signature . • • • • City of Tigard I 13125 SW HAIL Blvd, Tigard, OR 97223 , 503 -639 -4171 ' I . www.tigaxd- oi.go% I Page 2 of 2 • Ze /Z8 30Vd 311 i2JV L0D6E5ZE05 6E :TT ETOZ /0t /L0 1 111 CITY OF TIGARD RECEIPT p . 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 192211 - 07/15/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2013 -00030 Minor Modification to an Approved Plan - 100 - 0000 -43117 $84.00 LRP MMD2013 -00030 Minor Modification to an Approved Plan 100 - 0000 -43116 $567.00 Total: $651.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 418591 AKOWACZ 07/15/2013 $651.00 Payor: Kiet Nguyen Total Payments: $651.00 Balance Due: $0.00 Page 1 of 1 Y� ofci P� - STATE OF OREGON ] % (1/7 j i7REGON TITLE E ntY of Washington 1 'I 'l ii Insurance Company I, Jerry �' an .., � i - " • r ment and a r. 9 :f of Assess- n Clerk for I ., p .:.::. County that • • and re rffIC• • ,e RECEVE , ., 'I ort 16;of said After Recording, Return to: • county ac y Fs)"' ;;;`'• , Rosehill Investments L.L.C. ' `^ • 2001 Sixth Ave., Suite 2300` �' 8 Seattle, WA 98121 n' q f ad JUL 15 2013 N Until a change is requested, tax statements fir '`' ^• Ex- shall be sent to the following address: ~ N Same as above Doc : 96011497 CIN p F TIGAR 0 02/09/1996 158615 2/09/1996102:47;38PM 322 " 00 pLANNINGI • z ui STATUTORY WARRANTY DEED w (Individual) .. (Above Space Reserved for Recorder's Use) r Louise H. Piacentini, who acquired title as Louise Piacentini O 0 ¢ conveys and warrants to O Rosehill Investments L.L.C. the following described real property in the State of Oregon and County of Washington free of encumbrances, except as specifically sat forth herein: A tract of land in the Southeast quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: BEGINNING at the Southeast corner of said Section 11; thence North along the East line of said Section it a distance of 290.0 feet; thence West parallel with the South line of said Section 11 a distance of 115.0 feet; thence South parallel with said East line a distance of 40.0 feet; thence West parallel with said South line a distance of 50.0 feet; ' thence South parallel with said East line a distance of 250.0 feet to a point on the South line of said Section 11; thence East along said South line a distance of 165.0 feet to the point of beginning. Tax Account Number(s): R1235229 This property is free of encumbrances, EXCEPT: 1. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. 2. The rights of the public, governmental bodies, and public utilities, in and to that portion of the herein described property lying within the limits of SW Durham Road and SW Hall Blvd. and any other roads and highways. (Continued) The true consideration for this conveyance is $283,091.00 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAW- SUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this / day Of February, 1996. ' .0 Q e.,, WASHINGTON COUNTY Louise H. Piacentini 'iG � .. RED PEATY TRANSFER TAX t sal .ed ,7- 1_f6 FEE PAID _ Dart ,j — STATE OF OREGON, COUNTY OF MULTNOMAH)ss. The foregoing instrument was acknowledged before me this E of February, 1996, by Louise H. Piacentini, who acquired title as Louise Piacentini. { Notary Public for Oregon �: ±. My Commission Expires: 9/24/97 `..�� WI M A L DOANE J � NOTARY PUBLIC- OREGON COMMISSION NO.028026 MY COMMISSION EXPIRES SEPT. 24, 1997 Order No.: 122900w / . -III= s ay }z�aoxa =tos 8/.61 8tie 9oz x�ra so =ot rxa ftoz /zt /co ZOO/ZOOM •, .r 4+ W a0 a o a3�° c r •- o ++ 44 E b z LIJ Li 4 g" 8"'+� ywr C�2y1 155 �t 0 Li I . r Q� pp r N L N c.., C`3 U , —z F-/ r r • a t c H r'• L.I 4, g' } >1 1'p a O N •1 . L u W , 1 >• r L CJ ..- R! N U J UU N � Qf• C 1 . � O� r a W U Z F- N d A 4 C L ' _. �.._..__-. ..__ ._ ... ___ . Z � "+ t __. .0,4i 0 CL a t 1 ,.. , '4 11 Lai() PA,- ►TR;es �•:... • - - - M . 9 F aun d M i4K �?iZZA. j ES RCSSG _ , w ' ._ __ — t - -- - •�' — .t� fi ∎ _ , / . ■ i I i , • •y 4 4 . I i s <v ' I t f I I l , � n1 .... • . • _ ,. L., N • ..... i ) a ti 1 ,. _ ... O ' • 1" .1 .•. �. ••.• • 1wr�s1•, ......•t1. •• I i • « 1 i .. r I . -' - 1 f ' ' ' •l ' • 1 _ � _ "" '' i 1 , • 1. j • b r Hall Soule/ id ° "'"""°" jjka PLAN 1 . _an•r../•.• ... .0. •r tA10 P is c• 12 It "IL__ 2— FRi m ° Eic'Rt _ 1, 2 3 1 3- 42 y NAitS s srq _ t , Slit it - A!C pi 22A aka GAa -4 pub _ 1, 32o If 1 m 5 - 3 g pe3v►,ig Lot r -\ c ;-- ..--- --C-1-3 t i --i'\'- iNi — 441 It 4 jJ Tony's Pizzeria ` ;_ 'Huka Bar & Pub is 11514 3 �w Kr. C�lv� a ili ' p t t1 4 t©k aI72 -2 , U I'' `' r Hall Pizza I J 00 Yi &.Pub f W U r . • CC r ri : , -N _ ,. ........., ,,„„„, Y' Espresso ;� , I � te � "' Plaid Pantries 0 ._ . #. JTr ;C # -," - ''''-' 44' I 1 gin _ . ,_ . , • [ . . . ..._ .. , , . Uurhani R SW Durham t — 3 & p 0,A-V1 v1 to r '2 ems.; oQ Pam tric 3- P'' r o t - sprc,u o I' - Ca-2' «CSi rli - 6322 '3 5 - iU( r'2 -A flu /34K Pub Nguyen Kiet REC � 15943 Sw Hall Blvd Tigard, OR 97224 JUL 15 20 13 Ti g � crT � �,,� P4NN�NG DIN el: 503- 366_46ciel 7 -10 -2013 Applicant's Statement/ Narrative Request a minor modification review for a change of use from retail office to personal service. It is Cozy nails & spa salon. ��/'/ Nguyen Kiet Owner of Cozy nails & spa