MMD2004-00018 MMD2OO4 - 00018
DPH MOTORS , INC .
•
CITY OF TIGARD
OREGON
October 25, 2004
Douglas Herschbach
DPH Motors Inc.
10554 SW Naeve Street
Tigard, OR 97224
RE: Minor Modification Request, Case File No. MMD2004-00018
Dear Mr. Herschbach:
This letter is in response to your request for a Minor Modification (MMD2004-00018) of the
existing site development located at 12900 SW Pacific Highway, WCTM 2S102CB, Tax Lot
03101. You have requested to change the use of one tenant space from office to auto sales. No
exterior site changes 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. From the list of tenants and their relative lease sizes submitted for a previous
Minor Modification request earlier this year, staff was able to tabulate the required
parking for all present uses. The site plan indicates that there are 25 additional off site
spaces for use during normal weekday business hours. As no legal document was
included to substantiate use of these spaces, staff did not consider these in its tally. The
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Pase 1 of 3
total number of spaces required for the present uses is 55 spaces. Converting your
space from "office" to "vehicle sales" reduces the parking requirement from 2.7 spaces
per 1 ,000 square feet to 1 .0 spaces per 1 ,000 square feet. Based on the 473 square
foot lease area, the prior parking requirement was 1.28 spaces. The proposed use
requires 0.47 spaces. This represents a net reduction in parking, satisfying this
standard. However, since the site is at capacity with regard to the available parking, and
since the 1/2 space reserved for your use does not account for vehicles-for-sale storage,
to address the concern that multiple parking spots will be occupied by for-sale vehicles,
only 2 such cars may be permitted to be on the site at any time. This limitation may be
modified by any of the following conditions:
a. Other uses in the center change to less parking intensive uses which results in a
greater surplus of available parking.
b. A legal document establishing joint use of off-site parking is provided.
c. A major modification of the site occurs, and additional parking is created.
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,
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 primarily internet
based, therefore it is not likely that the increase in traffic generation will exceed 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 are no changes
to the site proposed, therefore, this criterion is satisfied.
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.
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. No other land
use cases were found that affect this parcel. A change of use to a permitted use would
not affect any prior development conditions.
Page 2 of 3
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.
Limitations on Minor Modification Approval
The maximum number of vehicles in relation to this business offered for-sale on the site shall
not exceed 2 without further modification to the parking area or a recalculation of parking based
on changes to the other tenant space uses.
The applicant and owner shall further note that temporary signage shall not be displayed
outside without prior approval of temporary sign permits.
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 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\mmd2004-00018(dph motors).doc
Page 3 of 3
APPLICANT
MATERIALS
MINOR MODIFICATION
a
al� + TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hal!Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): _ -"a '6 /el
2.10 .71 L-1 ,6e, ,r � (7 FOR STAFF USE ONLY
Tax Map &Tax Lot#(s):
Case No.(s):_07 IV 0 Z V- floc, ( 8
Site Size: Other Case No.(s): id/4-
Applicant*: A�i`� /?/G'TC�lz 5�.Tit/ ' „fla,`PZipt No.: boy `{��.
Address: /c5-51/ Sv)i l 0.c,/� �{ . ✓ Application Accep a By:
City/State: /G 'ti-t Zip: q7<)-- --471 Date: `�� d Y
Primary Contact: bc'4
Phone: : ,,7 . "TV Fax: ,5c,3 6-j f_ (%/is Date Determined Complete:
Prop,rty Owner/Deed H Ider s)* (Attach list if more than one) Rev.7/1/04 is\curpin\masters\revised\minormod.mst
j no 4.0 `7 441G B•v fWC—
Address: //iqs' S(a)/cc,_7Lj, ,,, rare, Phone: 3_S5 Lj-2?5
City/State: (b,)/9_ Zip: 972z 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 ❑ Application Form
form or submit a written authorization with this application.
❑ Owner's Signature/Written Authorization
PROPOSAL SUMMARY ❑ Title 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 ❑ Site 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 8'10"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 El 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: Cit CI Urb
response to each criteria. y
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
3. A change that requires additional on-site parking in accordance with Chapter 18.765, standards of the applicable zoning district. To
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 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 parking areas where off-site traffic would be site expansion will continue to comply with the
affected. minimum setback, building height, parking land
1. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 landscaping standards. Other applicable
vehicles 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
the minimum established by this code or by more than 10% where specified in the site plan.
I I. A modification to the conditions imposed at the time of Site Development Review approval that are not
the subject of Criteria I through 10 above.
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 and 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 5-t6 day of ,20 C
744 (� - '"'
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
A CITY OF TIGARD 10/8/2004
13125 SW Hall Blvd. 4:13:34PM
A, i ,. Tigard,Oregon 9 72 23
'L (503) 63 9-417 1
Receipt #: 27200400000000004480
Date: 10/08/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MMD2004-00018 [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 Pt
CreditCard DOUGLAS P HERSCHBACH KW 008308 In Person 461.00
Payment Total: $461.00
Page 1 of 1 cReceipt.rpt
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