Loading...
MMD2004-00019 MMD2OO4 - 00019 RRV AUTO SALES I CITY OF TIGARD OREGON October 28, 2004 Reyes Ruiz Valdez RRV Auto Sales Inc. 10840 SW Walnut Street Tigard, OR 97223 RE: Minor Modification Request, Case File No. MMD2004-00019 Dear Mr. Valdez: This letter is in response to your request for a Minor Modification (MMD2004-00019) of the existing site development located at 12947 SW Pacific Highway, WCTM 2S102BD, Tax Lot 02600. You have requested to change the use of one tenant space from office to Auto Sales. No exterior changes to the building are proposed. The submitted site plan reflects the current and proposed conditions. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The following states the current tenants, and their sizes as reported in your application (information provided by the owner's agent): 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 P..e 1 .f 4 Tenant Type of Use Approx S.F. Pkg Standard Required Pkg RRV Auto Auto Sales 1,400 s.f. 1.0/1,000 s.f. 1.400 Latino Impacto/ Retail Sales/ 930 s.f. 3.7/1,000 s.f. 3.441 Hair Salon Personal Services 930 s.f. 2.5/1,000 s.f. 2.325 Alterations Plus Repair Services 620 s.f. 3.3/1,000 s.f. 2.046 Tobacco Retail Sales 1,860 s.f. 3.7/1,000 s.f. 6.882 Express Ace Cash Express Personal Services 1,000 s.f. 2.5/1,000 s.f. 2.500 Vacant Retail Sales 1,400 s.f. 3.7/1,000 s.f. 5.180 Kim's Upholstery Repair Services 2,260 s.f. 3.3/1,000 s.f. 7.458 Total 10,400 s.f. 31.232 32 SPACES There are presently 48 spaces provided on the site. Even with the addition of up to 16 cars from the sales operation, this use would be in compliance with the parking requirement. Therefore this proposed change of use does not require additional parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural occupancy type of the building is proposed. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to the exterior of the existing building. Therefore, this standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes to the site layout or accesses are proposed. The applicant is utilizing a graveled portion of the site for fleet storage of vehicles and is conducting repair of the vehicles. The vehicle repair use will be discussed later, but as for the type and location of this storage area, no off-site traffic is impacted by its use. Therefore this criterion is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The proposed use is limited in nature and is not expected to receive greater than 100 vehicles per day. This modification will not generate significant additional vehicle trips. Therefore, this criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. There are no proposed floor area expansions, therefore this standard does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There is no common open space required for this type of development, therefore this standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. There are no changes to the site proposed, therefore, this criterion is satisfied. Page 2 of 4 • 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above. The site was approved before 1976 and no other land use cases were found prior to that date. A Site Development Review for a new building in the location of the gravel lot was approved, but never acted upon. There are no prior development conditions that would be affected by this request. In addition, the proposed development must be in compliance with the other applicable requirements of Title 18. Staff conducted a site visit on October 25, 2004 and determined that possible violations of 18.725 Environmental Performance Standards, and 18.520 Commercial Zoning Requirements were occurring. 18.725.020 General Provisions, requires: A. Compliance with applicable state and federal regulations. In addition to the regulations adopted in this chapter, each use, activity or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental Quality Commission pertaining to non-point source pollution control and contained in the Oregon Administrative Rules shall by this reference be made a part of this chapter. B. Evidence of compliance. Prior to issuance of a building permit, the Director may require submission of evidence demonstrating compliance with state, federal and local environmental regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits (ACDP) or Indirect Source Construction Permits (ISCP). Staff is therefore requiring documentation of DEQ compliance with regard to the outside auto repair operation (accessory to the sales use). This may consist of a permit issued by DEQ or evidence that they have inspected the site and found it to be in compliance. DEQ must notify the City that they have been contacted within 15 days of the date of this letter. Alternatively, the auto repair function must cease and the materials used in this repair be removed from the site within 15 days. 18.785.020 lists temporary uses in commercial and industrial zones as including a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property. 18.785.010 states this chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. Staff is therefore requiring that the applicant either remove the tents within 15 days of the date of this letter or submit for temporary use approval (which may be difficult to obtain, absent submitting a plan to make a permanent built space for this use.) THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH ANY SUBSEQUENT PERMIT APPLICATIONS. Page 3 of 4 Limitations on Minor Modification Approval 1. The applicant shall provide documentation of DEQ compliance (either a permit, or record of inspection) with regard to the outside auto repair operation. DEQ must notify the City that they have been contacted for such inspection within 15 days of the date of this letter. Alternatively, the auto repair function must cease and the materials used in this repair be removed from the site within 15 days of the date of this letter. 2. The applicant shall either remove the tents within 15 days of the date of this letter or submit for temporary use approval (and prepare a plan for permanent building space, schedule a pre-application conference, and establish a timeline for completion) within 15 days of the date of this letter. 3. The maximum number of vehicles in relation to this business offered for-sale on the site shall not exceed 16 without further modification to the parking area or a recalculation of parking based on changes to the other tenant space uses. 4. The applicant and owner shall further note that temporary signage shall not be displayed outside without prior approval of temporary sign permits. FAILURE TO ADHERE TO THESE LIMITATIONS IS GROUNDS FOR IMMEDIATE CITATION. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site with the imposed limitations will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2428. Sincerely, Morgan Tracy Associate Planner is\curpin\morgan\workspace\mmd\mmd2004-00019(rry auto sales).doc Page 4 of 4 MINOR MODIFICATION ZIP TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Add ,( cation(s): j�� . S �� FOR STAFF USE ONLY p c +}u� -q� °V �3 Tax Map &Tax Lot#(s): ZS ( !9Z 3V- at 'Ls co Case No. s : q'019 ( ) M� Site Size: Other Case No.(s): ( Receipt No.: Lcrx ° 456 7— Applicant*:'j� E d i 2 llAL7e Address: AL:-.:,,....,;:e • V s ' , , n Application Accepted By: 4144I City/State: ; 76A le:p 0 g Zip: 9 722 3 Date: 10/6/01-1 Primary Contact: —likEt-Vcs Phone: 503 2 60 Los) Fax: Date Determined Complete: Property Owner/Deed Holder(s)*: (Attach list if more than one) / PC Rev.7/1/04 is\curpin\masters\revised\minormod.mst p Cti' fu e=Y k'( /cI Srtt,eY6-" Address/3 4 S- . A. , (.v ---Phone: ( 3) 6/1-7 2-4)6 City/State: (3 e4 ii:e---64.1 C V, Zip: / '7 c 0 6 REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted * When the owner and the applicant are different people, the applicant without the required submittal elements) must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this [L�pplication Form form or submit a written authorization with this application. Owner's Signature/Written Authorization PROPOSAL SUMMARY ❑ itle Transfer Instrument or Deed The owners of record of the subject property request permission for a Minor Modification. To review a modification as a Minor tte Development Plan (3 copies) Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed within Section Site/Plot Plan (reduced 8'/:"x 11") 18.120.070(B) of the Tigard Development Code. If the modification applicant's Statement(3 copies) exceeds the maximum allowed under any one or more of the following criteria, a Major Modification review is required. Major (Addressing Criteria Under Section 18.360.050(B) Modifications are processed in the same manner as a new Site ❑ Filing Fee $461.00 Development Review. In a separate letter, please address the criteria below contained in Section 18.360.050(B) including a detailed Jurisdiction: ❑ City ❑ Urb response to each criteria. f I. An Increase in dwelling unit density or lot coverage for residential development. In addition, the Director must find that the 2. A change in the ratio or number of different types.of dwelling units. proposed change complies with the underlying 0 A change that requires additional on-site parking in accordance with Chapter 18.165. standards of the applicable zoning district. To 4. A change in the type of commercial or industrial structures as defined by the Uniform Building(ode. complete this review, the Applicant's proposal 5. An increase in the height of the building(s) by more than 20%. must include a discussion indicating how the 6. A change in the type and location of accessways and narking areas where off-site traffic would be site expansion will continue to comply with the affected. � 7z/0l'<<x'�j minimum setback, building height, parking land 1. An increase in vehicular traffic to and from the site and increa'se can be expected to exceed 100 landscaping standards. Other applicable vehides per day. requirements such as minimum Clear Vision 8. An increase in the floor area proposed for a non-residential use by more than 10% excluding areas near driveways and street intersections expansions under 5,000 square feet. may also be applicable depending on where 9. A reduction in the area reserved for common open space and/or usable open space that reduces the the building expansion is proposed to be open space area below the minimum required by this code or reduces the open space area by more constructed on the site. than ten percent. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below N ti p1— Vi G��T lG� the minimum established by this code or by more than !0% where specified in the site plan. / II. A modification to the conditions imposed at the time of Site Development Review approval that are not ` T"1/ !, O� the subject of Criteria I through 10 above. ll It `V/z 7l APPLICANTS: 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 aria subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot 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 / day of c-f , 20 Owner's Si nature 61- Owner's Signature ner's Si nature Owner's Signature 9 9 A CITY OF TIGARD ' 10/x 5/2oo4 13125 SW Hall Blvd. 1:41:13PM Tigard,Oregon 97223 __.-477111'. (503) 639-4171 Receipt #: 27200400000000004562 Date: 10/15/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2004-00019 [LANDUS]Minor Modification 100-0000-438000 461.00 Line Item Total: $461.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid Check RRV AUTO SALES MET 1419 In Person 461.00 Payment Total: $461.00 cReceipt.rpt Page 1 of I j Information for RRV Auto Sales Minor Modification Type I Application At the request of Reyes Ruiz Valdez, Lessee, Penney Kim, the Lessor and property owner is supplying this information to the best of her knowledge. This information was developed by David Kim on behalf of Penney Kim. Should you have any questions, please feel free to give me a call at (503) 515-6510. Building Tenant Information 1Lc.;2.0b112) Tenant Type of Use Address Approximate Leased Square Footage ! 0/600O RRV Auto Auto Sales 12947 SW Pacific Hwy 1,400 s.f. Latino Impacto/Hair Retail/ Personal 12955 & 12985 SW Pacific 1,860 s.f. ret 37/100 Salon Services Hwy P. Z.3/1,wo Alterations Plus Retail 12957 SW Pacific Hwy 620 s.f. '7.7 Tobacco Express Retail 12959, 12961, 12963 SW 1,860 s.f. Pacific Highway Ace Cash Express Financial Services— 12965 SW Pacific Hwy 1,000 s.f. Z.VhiVa check cashing Vacant Office or Retail 12971 SW Pacific Hwy 1,400 s.f. Kim's Upholstery Services- Furniture 12977 SW Pacific Hwy 2,260 s.f. 13/OM repair and upholstery total 10,400 s.f. Total number of parking spaces on the property= Reyes Ruiz Valdez, aka RRV Auto Sales is a Lessee for the office space at 12947 SW Pacific Highway and the unpaved lot/gravel area on the Northeast Corner of the property. The lease for RRV Auto Sales terminates on March 31, 2005 with an option for the Lessee to renew for another three years. Responses to criteria: 1. RRV Auto Sales intends to use the vacant lot for storage and sales of vehicles. There is no proposed residential development. 2. No dwelling unit exists or is proposed. 3. The parking of vehicles for sale and storage on the gravel lot does not create a need for additional on-site parking spaces as it does not take up parking spaces from the other tenants or their customers. Prior to RRV Auto Sales becoming a Lessee, the lot was a vacant field. There is dedicated parking space behind the building for the office space that is currently being leased by RRV Auto Sales. There is no additional office or retail space being proposed for development on the property. 4. No commercial or industrial structures are being propsosed. 5. No building is to be constructed. 6. The prior to RRV Auto Sales leasing the property, it was a vacant lot and field. No off-site traffic is affected by having RRV Auto Sales park vehicles. S L1 S L5 - 325 p-S- f- -31 wa "770-0?-:rel- Z S r y' ^e-l_ 7. RRV Auto Sales proposed use for the property would not generate an increase vehicular traffic on the property. 8. Proposed use is not a construction or development of a building. 9. A.)0 C 6\_%(-1 A"0 - E % 10. Not applicable. —No building is being proposed 11. Not applicable. . . . . ., -. . ..--.. *s \ '. N. '... . . .. -_,... .. ' .-p'. .• . 40 11/4 , 4i. 40->...„..., • ,.... Sio,' 410411k ...." N. ._., ,..,.. 4 • .., ' e ' , p . . orir 2.1. IV- ' . .. .- . _ , . ... . 411. k . % ....... ..... s..__. .. , .1k * . , . . ... 2 • ..#. v, ,. 1.. ,.. _ ,..,_.. , . ... . ,4w ,.. ,.. _ - 4- ,.. .,,.. ., '..., -: • .:I ''''. .,„ .1 . 410..., ... '... it . -..., •k . _ . . 4 - ; ' •k-.: . , 1 l'illiki-, _ .. 1 ip . • . 21' ,.-.•Wew..1,..._ - i- A ,,. _ .